United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 88 of 150)
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officials shall be paid into the Treasury of the United States: ^ Pro-
vided, That no other salary than aforesaid shall be paid such re^ inters
and receivers. (34 Stat. 1232.)

The fees and commitsions of registers and receivers were prescribed bj^ ^- ^•
f 2238, ante, f 4473, and other provisions referred to in the notes t^> ^^^
section.

§ 4522. (Act March Z, 1907, c. 2537, § 4.) Surveys in addieioml
districts.
The surveyor-general of the district of Alaska, under the cJ ircc-
tion of the Secretary of the Interior, shall furnish the receiver's ?'
said land offices a sufficient quantity of numbers to be used in
the different classes of official surveys that may be made in said
Nome and Fairbanks land districts to meet the requirements thereof,
and upon application by any person desiring to have an official sxirv^y
made the receivers shall furnish a number or numbers for such sur-
vey or surveys, together with an order directing a qualified dcpuO
surveyor to make the same, and such application, order, and the f^^
required to be paid to the surveyor-general in the district of Alaska
shall be transmitted to the surveyor-general: Provided, That all sur-
veys thus made shall be approved by the surveyor-general as ^
present. (34 Stat. 1232.)

(1850)



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Ch.3A)



THE PUBUG LANDS



4623



CHAPTER THREE A



Withdrawal from Settlement, Location, Sale, or

Entry

This chapter, inserted here as additional to the original chapters of Title
:^XXII of the Revised Statutes, includes the provisions of Act Jane 25, 1910,
c 421, authorizing the President to make withdrawals of public lands in cer-
tain cases, and subsequent amendatory and additional acts relating to the
subject



4523. Withdrawal by President from

settlement, location, etc., and
reservation of lands for water-
power sites; irrigation, etc.

4524. Lands withdrawn open to explo-

ration, discovery, etc, under
mining laws applying to metal-
liferous minerals; rights of oc-
cupants or claimants of oil or
gas bearing lands; previous
homestead, etc., entries, etc, ex-
cepted; no forest reserves to be
created, etc., within certain
States, except by act of Con-
gress.

4525. Reports of withdrawals to Con-

gress.



Sec

4526. Withdrawal from location, entry,

etc., and reservation of lands
within Indian reservations, for
power or reservoir sites, irriga-
tion, etc.; reports of reserva-
tions to Congress.

4527. Exchange of private lands, over

which Indian reservation is ex-
tended, for other lands.

4528. Opening of lands restored by the

President to entry after with-
drawals.

4529. Opening of lands restored by the

Secretary of the Interior to en-
try after withdrawal



§ 4523. (Act June 25, 1910, c. 421, § 1.) Withdrawal by President
from settlement, location, etc., and reservation of lands for wa-
ter-power sites; irrigation, etc.
The President may, at any time in his discretion, temporarily with-
draw from settlement, location, sale, or entry any of the public lands
of the United States including [the District of] Alaska and reserve
the same for water-power sites, irrigation, classification of lands, or
other public purposes to be specified in the orders of withdrawals,
and such withdrawals or reservations shall remain in force until re-
voked by him or by an Act of Congress. (36 Stat. 847.)

The words "the District of," inclosed in brackets in this section, were super-
seded by the organization of Alaska as a Territory by Act Aug. 24, 1912, c
887, ante, §{ 3528-3544.

Provisions somewhat similar to those of this section, for reservation from
location, etc., of lands within any Indian reservation, by the Secretary of
the Interior, were made by Act June 25, 1910, c 431, § 13, post, § 452(5.

Provisions for withdrawal from entry of lands required for irrigation lyorks
and lands believed to be susceptible of irrigation from such works, and pro*
visions for entry of lands to be irrigated, were made by Act June 17, 1902, c.
1993, U 8-5, post, f§ 4702-4704.

(1851)



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§ 4524 THB PUBUC LANDS (Ttt 32

§ 4524. (Act June 25, 1910, c. 421, § 2, as amended. Act Aug. 24,
1912, c. 369.) Lands withdrawn open to exploration, discov-
ery, etc., under mining laws applying to metalliferous minerals;
rights of occupants or claimants of oil or gas bearing lands;
previous homestead, etc., entries, etc., excepted; no forest re-
serves to be created, etc., within certain States except by act
of. Congress.
All lands withdrawn under the provisions of this Act shall at all
times be open to exploration, discovery, occupation, and purchase un-
der the mining laws of the United States, so far as the same apply to
metalliferous minerals: Provided, That the rights of any person who,
at the date of any order of withdrawal heretofore or hereafter made,
is a bona fide occupant or claimant of oil or gas bearing lands and
who, at such date, is in the diligent prosecution of work leading to
the discovery of oil or gas, shall not be affected or impaired by such
order so long as such occupant or claimant shall continue in diligent
prosecution of said work: Provided further, That this Act shall not
be construed as a recognition, abridgment, or enlargement of any as-
serted rights or claims initiated upon any oil or gas bearing lands
after any withdrawal of such lands made prior to June twenty-fifth,
nineteen hundred and ten: And provided further. That there shall
be excepted from the force and effect of any withdrawal made under
the provisions of this Act all lands which are, on the date of such
withdrawal, embraced in any lawful homestead or desert-land entry
theretofore made, or upon which any valid settlement has been made
and is at said date being maintained and perfected pursuant to law;
but the terms of this proviso shall not continue to apply to any par-
ticular tract of land unless the entryman or settler shall continue to
comply with the law under which the entry or settlement was made:
And provided further, That hereafter no forest reserve shall be cre-
ated, nor shall any additions be made to one heretofore created, with-
in the limits of the States of California, Oregon, Washington, Idaho.
Montana, Colorado, or Wyoming, except by Act of Congress. (36
Stat. 847. 37 Stat. 497.)

The amendment of this section by Act Aug, 24, 1012, c 369, cited aboTe,
consisted in the substitution of the words '^metalliferous minerals,*' where they
occur in the first clause as it reads here, for the words "minerals other tbaa
coal, oil, gas, and phosphates," of the section as originaUy enacted.

Provisions for entries under the homestead and desert land laws upon coal
lands, and for their selection under the Carey Act, or their withdrawal under
the Reclamation Act, reserving the coal to the United States, were made
by Act June 22, 1010, c. 318, post, H 4666-4068, which was supplemented
00 as to allow the selection of such lands by the States, and their sale in
isolated and disconnected tracts, by Act April 30, 1012, c 09, post, | 4669.

Provisions for entries under the homestead and desert land laws of oil
lands in the State of Utah, for their selection by the State onder the Carey
Act or grants by Congress, and for their withdrawal under the Reclamation
Act, reserving the oil or gas to the United States, were contained in Act Aug.
24, 1012, c. 367, post, || 4638-4640.

Provisions for the selection of phosphate lands by the State of Idaho under
indemnity and other land grants, reserving the phosphate and oil to the
United States, were contained in Act Feb. 27, 1013, c 85, post, U 486a-4d66.

(1852)



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Ch. 3a) the public lands § 4528

§ 4525. (Act June 25, 1910, c. 421, § 3.) Reports of withdrawals to
Congress.
The Secretary of the Interior shall report all such withdrawals to
Congress at the beginning of its next regular session after the date
of the withdrawals. (36 Stat. 848.)

§ 4526. (Act June 25, 1910, c. 431, § 13.) Withdrawal from loca-
tion, entry, etc., and reservation of lands within Indian res-
ervations, for power or reservoir sites, irrigation, etc. ; reports
of reservations to Congress.
That the Secretary of the Interior be, and he is hereby, author-
ized, in his discretion, to reserve from location, entry, sale, allot-
ment, or other appropriation any lands within any Indian reserva-
tion, valuable for power or reservoir sites, or which may be neces-
sary for use in connection with any irrigation project heretofore or
hereafter to be authorized by Congress : Provided, That if no irriga-
tion project shall be authorized prior to the opening of any Indian
reservation containing such power or reservoir sites the Secretary of
the Interior may, in his discretion, reserve such sites pending future
legislation by Congress for their disposition, and he shall report to
Congress all reservations made in conformity with this Act. (36 Stat.
858.)

This section was part of an act for determining the heirs of deceased In-
dians, for the disposition and sale of allotments of deceased Indians, etc.,
cited above.

§ 4527. (Act April 21, 1904, c. 1402, § 1.) Exchange of private
lands, over which Indian reservation is extended, for other
lands.
Any private land over which an Indian reservation has been
extended by Executive order, may be exchanged at the discretion of
the Secretary of the Interior and at the expense of the owner thereof
and imder such rules and regulations as may be prescribed by the Sec-
retary of the Interior, for vacant, nonmineral, nontimbered, surveyed
public lands of equal area and value and situated in the same State or
Territory. (33 Stat. 211.)

This was a p|*ovision of the Indian appropriation act for the fiscal year 1905,
cited above.

A previous similar provision for exchange of "any private lands occupied
by actual settlers over which an Indian reservation has been or may be
extended by Executive order/* was contained in the similar act for the pre-
ceding year, Act March 3, 1903, c 994, S 1, 32 Stat 1000.

§ 4528. (Act Sept. 30, 1913, c. 15, § 1.) Opening of lands restored
by the President to entry after withdrawals.
Hereafter when public lands are excluded from national forests or
released from withdrawals the President may, whenever in his judg-
ment it is proper or necessary, provide for the opening of the lands
by settlement in advance of entry, by drawing, or by such other meth-
od as he may deem advisable in the interest of equal opportunity and
good administration, and in doing so may provide that lands so opened
shall be subject only to homestead entry by actual settlers only or
to entry under the desert-land laws for a period not exceeding ninety

(1853)



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§ 4528 THB PUBUC LANDS (Tit 32

days, the unentered lands to be thereafter subject to disposition under
the public-land laws applicable thereto. (38 Stat. 113.)

Tbii section and the section next foUowinc were an act entitled "An set

to authorise the President to provide a method for opening lands restored fn»

reservation or withdrawal, and for other purposes."

§ 4529. (Act Sept 30, 1913, c. 15, § 2.) Opening of lands restored
by die Secretary of the Interior to entry after withdrawal

Where under the law the Secretary of the Interior is authorized or
directed to make restoration of lands previously withdrawn he may
also restrict the restoration as prescribed in section one of this Act
(38 Stat 114.)



CHAPTER FOUR
Pre-emptions

(R. S. §§ 2257-2274. Repealed.)

Sections l!:i57-2274, 2277-2285, and 2287 were exprewlj repealed by Art
March 3, 18U1, c 561, f 4, 26 Stat 1097, together with aU other act* or parti
of acts relating to the preemption of the public landi. Sections 2275, 2276,
and 2286 were expressly excepted from the repeat Section 2288 was not
so excepted, but it was expressly amended by section 8 of said Act March S,
1891, c 561. All bona fide claims or rights under the pre-emption laws were
saved and might be perfected under their provisions.

Section 2257 designated the lands of the United States subject to the right
of preemption. Section 2258 enumerated the classes of lands not subject
to the right of pre-emption. Section 2259 enumerated the persons entitled*
to pre-emption rights, and prescribed the number of acres to which each per-
son was entitled upon payment to the United States of the minimum price.
Section 2260 enumerated the classes of persons not entitled to pre-emption
rights. Section 2261 provided that no person should be entitled to more thaa
one pre-emptive right by virtue of section 2259, and that no person should,
after having filed a declaration of intention to claim the benefits under said
section, at any future time file a second declaration for another tract See-
tion 2262, as amended by Act June 9, 1880, c 164, 21 Stat 169, pre«^bed
the oath to be taken by pre-emptionists, and made it the daty of the officer
administering the oath to file a certificate thereof in the public land-office of
the proper district, and to transmit a duplicate copy to the General Land-
Office. Section 2263 required satisfactory proof of the settlement and impnive-
ment of the tract sought to be pre-empted, before any entries could be nuule
under section 2259, and declared all assignments or transfers of any rights
prior to the issuing of a patent null and void. Section 2264 provided that any
person settling or improving a tract of land, subject at the time of settlement
to private entry, with intent to purchase the same, should file with the reg-
ister of the proper district a written statement describing the lands aettled,
and declaring an intention to claim the same; that pre-emptioniftts should,
within twelve months from the date of settlement, make the proof, aflidavit,
and payment required by section 2262 ; and that a failure to make said proot
affidavit, and payment within the prescribed time should subject the land to
entry by other purchasers. Section 2265 required all pre-emptionists for land
not yet proclaimed for sale to make known their claims in writing within
three months from the time of settlement, or forfeit their claims. Section 2266
required all pre-emptionists upon unsurveyed lands, open to settlement, to file
a declaratory statement within three months from the date of the receipt it
the proper district land-office of the approved plat of the township embraciag
the settlement Section 2267 provided that all claimants of pre-emption rights
under sections 2265 and 2266 should make the proper proofs and paymenCi
within thirty months after the dates prescribed by said sections, respectively,

(1854)



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Ch.4)



THE PUBLIC LANDS



for filing the declaratory notices had expired. Act July 26, 1804, c. 164, § 2,
28 Stat. 123, extended the time one year in certain cases. Section 2268 provid-
ed that pre-emptors who had taken the initiatory steps required by law for
actual settlement, and who were called away by reason of being engaged in
the military or naval services of the United States, were to be granted an ex-
tension of time, within which the performance of the various acts required to
perfect their claims might be made. Section 2269 provided that upon the
death of any person entitled to claim benefits of the pre-emption laws, before
consummating his claim, his executor or administrator might file the papers
necessary, and that the entry should be in favor of the heirs of said deceased
pre-emptor, and that the patent thereon should cause the title to inure to such
heirs in the same manner as if their names had been specifically mentioned.
Section 2270 provided that non-compliance with any requisition of the pre-
emption laws within the appointed time, due to a vacancy in the office either of
the register or receiver, or both, should not work to the detriment of any
claimant, but that the requisition might be complied with within the same
period after the vacancies had been filled. Section 2271 provided that the
chapter should be construed so as not to confer on any one a right of pre-
emption by reason of a settlement made on a tract already disposed of, when
such disposal had not been confirmed by the General Land-Office. Section
2272 provided that no person who had filed a notice of intention to claim any
tract of land by pre-emption should be barred from the right to purchase such
tract by private entry after the expiration of his right to pre-emption. Sec-
tion 2273 provided for the determination of conflicting claims of two or more
persons settling on the same tract of land. Section 2274 provided that if,
whenever two or more persons settled upon unsurveyed lands, it should be
found after survey thereof that they had settled upon the same legal subdi-
vision, such settlers might make a joint entry of their lands, or that one settler
might perform the statutory requirements for all, after having contracted with
the other settlers to convey to them their proper shares. Sections 2275 and
2276, as amended by Act Feb. 28, 1891, c. 384 remained in force. Section
2277 provided for the payment for pre-emption lands with military bounty
land warrants. Section 2278 provided for the payment for pre-emption
lands with agricultural college scrip. Section 2279 limited the number of acres
along the line of railroads subject to pre-emption to 160 to each person. Sec-
tion 2280 provided that settlers on land reserved on account of claims under
French, Spanish, or other grants should be entitled to all previously granted
pre-emption rights, upon said claims being declared invalid by the Supreme
Court Section 2281 provided that all persons settling on lands prior to their
withdrawal for railroad grants should be entitled to pre-empt said lands on the
payment of the ordinary minimum, provided they filed the notice and made the
proof and payment required in other cases. Section 2282 provided that nothing
in the chapter should delay the sale of any of the public lands beyond the
time appointed by the proclamation of the President Section 2283 provided
the manner of the sale of the Osage Indian trust and diminished-reserve lands
in Kansas. Section 2284 provided that the transfer by any settler of his claim
prior to April 26, 1871, should not preclude him from the right to pre-empt
another tract under the provisions of the chapter. Section 2285 provided that
the restrictions contained in sections 2260 and 2261 should not apply to set-
tlers on the Osage Indian trust and diminished-reserve lands in Kansas. Sec-
tion 2286 remained in force. Section 2287 provided that any bona fide set-
tler under the homestead or pre-emption laws, who had filed a proper applica-
tion to enter lands, should not be deprived of his right to perfect his title
thereto by reason of the fact that he had subsequent to the filing of his ap-
plication, been appointed a register or receiver. Section 2288 remained in
force.

Numerous acts relating to both pre-emption and homestead rights subsequent
to the enactment of the Revised Statutes, and prior to the passage of Act
March 3, 1891, c. 561, are omitted from this chapter, as repealed in so far as
applicable to pre-emption entries. Such as remain in force and applicable to
homestead rights are set forth under Chapter 5 of this Title.

All bona fide claims lawfully initiated before the passage of the repealing

(1855)



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THB PUBUC LANDS



(Tit 38



act, under any of the provisioiui of law so repealed, might be perfected npoa
due compliance with. law, in the same manner, upon the same terms and ooii>
ditions, and subject to the same limitations, forfeitures, and contesti, ss if
the act had not been passed, by a provision of section 4 of the act. Act March
8, 18U1, c 561, I 4, 26 Stat. 1097.

(R. S. §§ 2275, 2276. Transferred to Chapter lOA.)
R. S. f I 2275, 2276, provided for the selection by the States or Territories of
other sections for school purposes, where sections 6 or 16 in any township is
which those sections were granted for school purposes had been settled os
with a view to pre-emption or homestead, or where they were mineral land, or
within an Indian reservation, or where sections 6 and 16 in any township were
fractional or entirely wanting from any natural cause. I'hey are set forth,
as amended by Act Feb. 28, 1891, c 384, under Chapter IDA of this Title,
"Reservations and Grants to SUtes for Public Purposes," post, U 4860, 4861.

(R S. §§ 2277-2285. Repealed.)
See notes to R. S. IS 2257-2274, ante, at the beginning of tiiis Ohaptar.

(R. S. § 2286. Transferred to Chapter lOA.)
R. S. I 2286, granted to the several counties or parishes of the States sod
Territories in which there were public lands the right to pre-empt one quar-
ter-section of land for the establishment of seats of justice therein. It is set
forth, under Chapter lOA of this Title, ''Reservations and GranU to States
for Public Purposes,*' post, S 4869.

(R. S. § 2287. Repealed.)
See notes to R. S. U 2257-2274, ante, at the beginning of tbiM ChapUr.

(R. S. § 2288. Transferred to Chapter 5.)
R. S. I 2288, as amended by Act March 8, 1891, c 561, | 3, gave to aay

bona fide settler, under the pre-emption, homestead, or other settlement law,
the right to transfer any portion of his claim for church, cemetery, or school
purposes, or for the right of way of railroads, canals, reservoirs, or ditclies.
It is set forth, as further amended by Act March 8, 1905, c 1424,
Chapter 5 of this Title, "Homesteads,*' post, S 4535.
See notes to R. S. IS 2257-2274, ante, at the beginning of this Chapter



CHAPTER FIVE
Homesteads



See.

4530. Who may enter certain unappro-

priated public lands.

4531. Mode of procedure.

4532. Certificate and patent, when giv-

en and issued; leaves of ab-
sence; proof upon commuta-
tion; proof required where en-
tryman dies; area of cultiva-
tion; enlarged homesteads; Ne-
braska arid land entries; en-
tries under reclamation act;
election as to mode of making
proof.

4533. Failure to give notice of election

as to mode of final proof not to
prejudice right of en tryman to
proceed under former law,

(1856)



Sec.

4534. Right of settler on nnsurveyed

land to elect as to law under
which to make final proof.

4535. Right of transfer of settlers iib-

der homestead or pre-emptioB
laws for certain public par-
poses.

4536. Relinquishment of daim; land

open to entry.

4537. Cancellation of daim; notice to

contestant; death of cooteit-
ant

4538. Time for settler to file homestead

application and perfect entry:
marriage of homestead entiy-
woman; preference rights to
settlers on enlarged ho



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THE PUBLIC LANDS



6«L

on non-irrigable lands; time for
entry on enlarged homesteads.

4539. Notice of intention to make final

proof.

4540. Taking testimony for final proof

in case of unavoidable delay.

4541. Notice of contest; publication.

4542. Repayment of excess required to

be paid on final proof or com-
mutation.

4543. When rights inure to the benefit

of infant children.

4544. Insanity of settlers; proof and

payment by persons authorized
to act for them.

4545. Persons in military or naval serv-

ice, when and before whom to
make affidavit

4546. Officers before whom affidavits,

proofs, etc., may be made; false
swearing deemed perjury and
punishable; fees.

4547. United States court commission-

en; appointment.

4548. Administration of oaths in pre-

liminary affidavits and final
proofs under land laws.

4549. Place of residence of court com-

missioner.

4550. Record of applications.

4551. Homestead lands not to be sub-

ject to prior debts.

4552. When lands entered for home-

stead revert to Government.

4553. Leave of absence where crops de-

stroyed or seriously injured by
grasshoppers.

4554. Leave of absence on destruction

or failure of crops, sickness, or
other unavoidable casualty.

4555. Time for payment extended.

4556. Homestead entry or desert-land

entry after former entry lost,
forfeited, or abandoned.

4557. Limitation of amount entered for

homestead.

4558. Limitation of aggregate amount

entered under any land laws.

4559. Lands entered under mineral

land laws not included in
amount limited.

4560. Additional entry after final proof

on former entry of less than
one quarter-section.

4561. Additional entry of land contigu-

ous to former entry of less than
one quarter section.

4562. Ck>mmutation of entries under

this act not allowed.

4563. Enlarged homestead entries of

non-mineral, non-irrigable, etc.,



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 88 of 150)