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429. Purchase money refunded where sale cannot be confirmed.

430. Refunding in certain cases, how done. 431. Repayments on void soldiers' additional homestead locations.

sale cannot be confirmed.

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Purchase money SEC. 429. The Secretary of the Interior is authorized, upon refunded where proof being made, to his satisfaction, that any tract of land has been erroneously sold by the United States, so that from any cause the sale cannot be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated.

Refunding in certain cases, how done.

4 Stat. 80; 11 id. 387; R. S. 2362. 2 Op. Att. Gen. 186; 3 id. 92, 240; 4 id. 277. Decisions Sec. Int., Aug. 17, 1849; Feb. 26, 1852 (1 Lester's L L. 673); March 8, 1852 (1 id. 671); July 24, 1852 (1 d. 672); Dec. 19, 1853 (1id. 673); Nov. 21, 1857 (1 id. 675); Jan. 18, 1859 (1 id. 676); March 25, 1859 (1 id. 677); June 25, 1859 (1 id. 677); Aug. 9, 1859 (1 id. 675); July 23, 1864; Dec. 27, 1870; Dec. 19, 1873; March 3, 1874; Feb. 8, 1878; April 15, 1878; June 3, 1878; Aug. 5, 1878; Aug. 12, 1878; Aug. 15, 1878 (5 Copp's L. O. 127); Sept. 5, 1878; Sept. 23, 1878; Nov. 20, 1878; May 7, 1879; May 25, 1879; June 26, 1879 (6 Copp's L. O. 96); July 1, 1879 (6 id. 96); July 29, 1879 (6 id. 95); Jan. 8, 1880 (6 id. 192); Feb. 11, 1880 (7 id. 8). Decisions Sec. Treas., March 11, 1831 (2. Laws, Instructions, and Opinions, 440); April 17, 1832 (2 id. 460); April 20, 1877 (4 Copp's L. O. 110). Decisions Com. G. L. O., Aug. 31, 1830 (2 Laws, Instructions, and Opinions, 432); Dec. 20, 1858 (1 Lester's L. L. 675); July 18, 1871; Sept. 20, 1872; April 12, 1875; Jan. 27, 1876 (2 Copp's L. O. 180); June 7, 1879; Sept. 12, 1879. Cir. G. L. O., Aug. 31, 1830 (1 Lester's L. L. 667); Sept. 12, 1843 (1 id. 669); Jan. 12, 1854 (1 id. 670); Aug. 7, 1878 (5 Copp's L. O. 110); June 27, 1879; Aug. 6, 1880 (7 Copp's L. O. 90).

SEC. 430. Where any tract of land has been erroneously sold, as described in the preceding section, and the money which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust fund, to repay the purchase money to the parties entitled thereto.

11 Stat. 388; R. S. 2363.

Repayments on SEC. 431. In all cases where it shall be made to appear void soldiers' additional home- Ito the satisfaction of the Secretary of the Interior, upon due stead locations. proof, that innocent parties have paid the fees and commissions and excess payments required upon the location of soldiers' additional homestead claims, located under section two hundred and thirty-seven, which claims were found to be fraudulent and void after location and the entries or locations made thereon canceled, the Secretary of the Inte

rior is authorized to repay to such innocent parties the fees and commissions, and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase money on lands erroneously sold by the United States.

21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90).

missions on


where sales can

SEC. 432. In all cases where homestead or timber-culture Purchase_monor desert-land entries or other entries of public lands have ex, fees, and comheretofore or shall hereafter be canceled for conflict, or roneous entriesor where, from any cause, the entry has been erroneously al- not be confirmed. lowed and cannot be confirmed, the Secretary of the Interior shall cause to be repaid, out of any money in the Treasury not otherwise appropriated, to the person who made such entry, his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office; and in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manuer be repaid to the purchaser thereof, or to his heirs or assigns.

21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90).

warrants on


SEC. 433. The Commissioner of the General Land Office Regulations for shall make all necessary rules, and issue all necessary in- repayments; structions, to carry into effect the foregoing sections relating Treasury for to repayments, and the Secretary of the Interior shall draw his warrant on the Treasury for the repayment of all purchase money, fees, commissions and excesses, and the same shall be paid without regard to the date of the cancellation of the entries.

21. Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. 0.90).




434. Reservations in Florida, how sold. 435. Sale of military sites under general laws prohibited; proviso as to Florida.

436. Minimum price, how fixed, when reservations are sold.

Reservations in

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SEC. 434. All public lands heretofore reserved for miliFlorida, how sold. tary purposes in the State of Florida, which, in the opinion of the Secretary of War, are no longer useful or desired for such purposes, or so much thereof as said Secretary may designate, shall be placed under the control of the General Land Office, and be disposed of and sold in the same manner and under the same regulations as other public lands of the United States: Provided, That said lands shall not be so placed under the control of the General Land Office until the opinion of the Secretary of War, giving his consent, is communicated to the Secretary of the Interior in writing and filed and recorded.


Sale of military

sites under gen


11 Stat. 87.

SEC. 435. Military sites which are or may become useless eral laws prohib- for military purposes shall not be subject to sale or pre emption under any of the laws of the United States: Provided, Proviso as to That this section shall not apply to military sites in the State of Florida, the sale of which is authorized by the preceding section.


Minimum price, how fixed, when

11 Stat. 336.

SEC. 436. Whenever any reservation of public lands is reservations sold. brought into market, the Commissioner of the General Land Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of.

Reservations, how surveyed.

Sale of build

13 Stat. 374; R. S. 2364.

SEC. 437. Whenever it becomes necessary to survey any Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed.

13 Stat. 41; R. S. 2115.

SEC. 438. The Secretary of the Interior is authorized to ings belonging to the United States. Cause all such buildings belonging to the United States, as have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other persons employed amongst the Indians, to be sold whenever the lands.

on which the same are erected have become the property of the United States, and are no longer necessary for such purposes.

5 Stat. 611; R. S. 2122.

SEC. 439. The Secretary of the Interior is authorized to cause to be sold, at his discretion, with each of such buildings as are mentioned in the preceding section, a quantity of land not exceeding one section; and on the payment of the consideration agreed for into the Treasury of the United States by the purchaser, the Secretary shall make, execute, and deliver to the purchaser a title in fee-simple for such lands and tenements.

5 Stat. 611; R. S. 2123.

NOTE. For laws reserving timber lands for naval purposes, see Timber and Timber Culture, chapter ix.

For acts reserving lands for public parks and for other purposes, see "Local and Temporary Laws" relating to the States and Territories in which such reservations are located.

For authority of President to make reservations for public purposes, see Wilcox v. Jackson, 13 Pet. 498; U. S. v. Fitzgerald, 15 id. 407; U.S. v. Chicago, 7 How. 185; U. S. v. Stone, 2 Wall. 525; Wolcott v. Des Moines Co., 5 id. 681; Grisar v. McDowell, 6 id. 363.

Sale of lands with buildings.




440. Navigable rivers public highways. Streams not navigable, banks of. 441. Right of way for highways over public lands.

442. If lands granted for right of way are not used, &c., to revert to the Government.

443. Mineral locators' rights of possession and enjoyment.

444. Right of way in intersecting veins in

445. What conditions of sale may be made
by local legislature.
446. Vested rights to use of water for min-
ing, &c.; right of way for canals.
447. Patents, pre-emptions, and home-
steads subject to vested and ac-
crued water-rights.

448. Right of way, materials, station-
grounds, &c., granted to railroads.
449. Rights of several railroads through
cañon, pass, or defile. Crossing at
grade. Wagon roads, rights of.

Navigable riv



450. Private lands and possessory claims, how condemned.


Profile of road claiming benefits,
when to be filed. Disposal of lands
subject to right of way. Forfeiture
of right.

452. Application of this act.
453. Right to alter, amend, &c.
454. Use of public domain by telegraph

455. Use of materials from public lands.
456. These rights not transferable.
457. Government to have priority in trans-
mission of messages.
458. Government entitled to purchase

459. Acceptance of obligations to be filed.
460. Penalty for refusal to transmit dis-

461. Timber lands to be patented subject to accrued right of way and waterrights.

SEC. 440. All navigable rivers, within the territory occuers public high pied by the public lands, shall remain and be deemed public Streams not highways; and, in all cases where the opposite banks of any navigable, banks streams not navigable belong to different persons, the stream and the bed thereof shall become common to both.


Right of way

for highways

1 Stat. 468; 2 id. 235; R. S. 2476.

SEC. 441. The right of way for the construction of highover public lands. Ways over public lands, not reserved for public uses, is hereby granted.

ed for right of.

the Government.

14 Stat. 253; R. S. 2477. Railway Co. v. Gordon, S. C. Mich., Oct. T. 1879 (7 Copp's L. O. 158).

If lands grant- SEC. 442. If any rail or plank road or macadamized turnway are not used, pike company to whom the right of way or sites for water&c., to revert to ing places, depots and work-shops over and through the public lands of the United States was granted by the act of Congress approved August fourth, eighteen hundred and fifty-two, and by the acts amendatory thereto, shall at any time after its completion be discontinued or abandoned by said company or companies, the grants made by said acts shall cease and determine, and the lands shall revert back to the United States.

Mineral locat

10 Stat. 28, 29, 683; 12 id. 577. Decision Com. G. L. O., July 16, 1857. SEC. 443. The locators of all mining locations heretofore ors' rights of pos- made or which shall hereafter be made, on any mineral vein, session and enjoyment. lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they

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