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PRIVATE LAND CLAIMS.
462. Patents to issue for claims heretofore confirmed.
463. Price of surveys, how fixed.
464. Certificates of location or scrip to is
sue in satisfaction of confirmed pri
for claims hereto
vate land claims which cannot be located.
465. Issuance and location of judicial scrip in lieu of confirmed private land claims.
Patents to issue SEC. 462. In case of any claim to land in any State or fore confirmed. Territory which has heretofore been confirmed by law, and in which no provision is made by the confirmatory statute for the issue of a patent, it may be lawful, where surveys for the land have been or may hereafter be made, to issue patents for the claims so confirmed, upon the presentation to the Commissioner of the General Land Office of plats of survey thereof, duly approved by the surveyor-general of any State or Territory, if the same be found correct by the Commissioner. But such patents shall only operate as a relinquishment of title on the part of the United States, and shall in no manner interfere with any valid adverse right to the same land, nor be construed to preclude a legal investigation and decision by the proper judicial tribunal between adverse claimants to the same land.
10 Stat. 599; R. S. 2447. Villalobos v. U. S., 10 How. 541; Stanford v. Taylor, 18 id. 409; Ledoux v. Black et al., 18 id. 473; U. S. v. Fossat, 20 id. 413; U. S. v. Fossat, 21 id. 445; Castro v. Hendricks, 23 id. 438; Ballance v. Forsyth, 24 id. 183; Greer . Mezes, 24 id. 268; Carondelet . St. Louis, 1 Black, 179; Maguire v. Tyler et al., 1 id. 195; U. S. v. Covilland, 1 id. 339; U. S. v. Sepulveda, 1 Wall. 104; U. S. v. Halleck, 1 id. 439; U. S. v. Vallejo, 1 id. 658; U. S. v. Estudillo, 1 id. 710; U. S. v. Billings, 2 id. 444; Sutter's case, 2 id. 562; U. S. v. Pacheco, 2 id. 587; Fossat case, 2 id. 649; Dehon v. Bernal, 3 id. 774; U. S. v. Armijo, 5 id. 444; Higueras v. U. S., 5 id. 827; Alviso v. Ú. S., 8 id. 337; Maguire v. Tyler, 8 id. 650; Lynch v. Bernal, 9 id. 315; Henshaw v. Bissell, 18 id. 255; Shepley et al. v. Cowan et al., 1 Otto, 330; Miller et al. v. Dalejet al., 2 id. 473; Tameling v. U. S. F. & E. Co., 3 id. 644; Van Reynegan v. Bolton, 5 id. 33; U. S. v. Throckmorton, 8 id. 61; Snyder v. Sickles, 8 id. 203. U. S. v. Garcia, 1 Saw. C. C. 383; Leroy v. Jamison, 3 id. 369; U. S. v. Flint, 4 id. 42; U. S. v. Castro, 5 id. 625. 9 Op. Att. Gen. 397; 12 id. 116, 250; 14 id. 74, 624. Whitney v. Nelson, 33 Wis. 365; Board of Com'rs v. Central &c. Co., 2 Colo. 628; Waterman v. Smith, 13 Cal. 373; Moore v. Wilkerson, 13 id. 478; Boggs v. Merced Mg. Co., 14 id. 279; Yountv. Howell, 14 id. 465; Mott v. Smith, 16 id. 534; Johnson v. Van Dyke, 20 id, 225; Mahoney v. Van Winkle, 21 id. 552; Thornton v. Mahoney. 24 id. 569; McGarrahan v. Maxwell, 27 id. 75; Treadway v. Semple, 28 id. 652; Seal v. Ford, 29 id. 104; Mahoney v. Van Winkle, 33 id. 448; Morrill v. Chapman, 35 id. 85; Bernal v. Lynch, 36 id. 135; Piper v. True, 36 id. 606; San José v. Uridias, 37 id. 339; Moore v. Massini, 37 id. 432; Yates v. Smith, 38 id. 60; Sabichi v. Aguilar, 43 id. 285; Miller r. Dale, 44 id. 562; Chipley v. Farns, 45 id. 527; San Diego . Allison, 46 id. 163; Cassidy v. Carr, 48 id. 339; Morris v. De Celis, 51 id. 55; Cabunne v. Lindell, 12 Mo. 184; McGill v. Somers, 15 id. 80; St. Louis
2. Tonly 21 id. 243; Schultz r. Lindell, 24 id. 567; Maguire
SEC. 463. The Commissioner of the General Land Office has power, and it shall be his duty, to fix the prices per mile for public surveys, which shall in no case exceed the maximum established by law; and, under instructions to be prepared by the Commissioner, an accurate account shall be kept by each surveyor-general of the cost of surveying and platting private land claims, to be reported to the General Land Office, with the map of such claim, and patents shall not issue for any such private claim until the cost of survey and platting has been paid into the Treasury by the claimant.
Price of surveys, how fixed.
location or scrip
cannot be lo
12 Stat. 409; 18 id. 304; R. S. 2400. (For authorities see Sec. 112.) SEC. 464. Where any private land claim was confirmed Certificates of by Congress prior to June second, eighteen hundred and to issue in satis fifty-eight, and the same, in whole or in part, has not been faction of confirmed private located or satisfied, either for want of a specific location land claims which prior to such confirmation, or for any reason whatsoever, cated. other than a discovery of fraud in such claim subsequent to such contrmation, it shall be the duty of the surveyor-general of the district in which such claim was situated, upon satisfactory proof that such claim has been so confirmed, and that the same, in whole or in part, remains unsatisfied, to issue to the claimant, or his legal representatives, certificates of location for a quantity of land equal to that so confirmed and unsatisfied, which certificates of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be assignable by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Office, so as to vest the asignee with all the rights of
Issuance and location of judi
vate land claims.
the original owners of the scrip, including the right to locate the same in his own name upon any of the public lands of the United States subject to sale at private entry, at a price not exceeding one dollar and twenty-five cents per acre, and shall be received from actual settlers only in payment of pre-emption claims or in commutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants.
11 Stat. 294, 295; 20 id. 274, 275. (For authorities see Sec. 341.) SEC. 465. Whenever, in cases prosecuted under the acts cial scrip in lieu of Congress of June twenty second, eighteen hundred and of confirmed pri- sixty, March second, eighteen hundred and sixty-seven, and the first section of the act of June tenth, eighteen hundred and seventy-two, providing for the adjustment of private land claims in the States of Florida, Louisiana and Missouri, the validity of the claim has been, or shall be hereafter, recognized by the Supreme Court of the United States, and the court has decreed that the plaintiff or plaintiffs is or are entitled to enter a certain number of acres upon the public lands of the United States, subject to private entry at one dollar and twenty-five cents per acre, or to receive certificate of location for as much of the land, the title to which has been established as has been disposed of by the United States, certificate of location shall be issued by the Commissioner of the General Land Office, attested by the seal of said office, to be located as provided for in the sixth section of the aforesaid act of Congress of June twentysecond, eighteen hundred and sixty, or applied according to the provisions of this section; and said certificate of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be, and are hereby declared to be, assignable by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the scrip, including the right to locate the scrip in his own name; such scrip shall be received from actual settlers only in payment of pre-emption claims or in commutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants.
12 Stat. 85, 86; 20 id. 274, 275. (For authorities see Sec. 342.) NOTE. For acts providing for the adjustment of private land claims in the different States and Territories, see "Local and Temporary Laws," under the caption of each State and Territory.
MISCELLANEOUS PROVISIONS RELATING TO THE PUBLIC LANDS.
466. Cases of suspended entries of public lands and suspended pre-emption claims.
467. Adjudications under above, how ap
468. Report of adjudications under pre-
469. Decisions to be arranged into classes.
472. Patents surrendered and new ones
473. Extent of foregoing provisions.
476. Lands of United States by whatso-
Titles of intruders forfeited.
SEC. 466. The Commissioner of the General Land Office Cases of susis authorized to decide upon principles of equity and justice, public lands and pended entries of as recognized in courts of equity, and in accordance with suspended preregulations to be settled by the Secretary of the Interior, the emption claims. Attorney-General, and the Commissioner, conjointly, consistently with such principles, all cases of suspended entries of public lands and of suspended pre-emption land claims, and to adjudge in what cases patents shall issue upon the same. 9 Stat. 51; 10 id. 258; 11 id. 22; 18 id. 50; 19 id. 244; R. S. 2450. 14 Op. Att. Gen. 636, 645. Decisions Sec. Int., Dec. 27 (1 Lester's L. L. 484); May 12, 1859 (1 id. 486); May 26, 1859 (1 id. 488); Aug. 12, 1859 (1 id. 487); Oct. 6, 1859 (1 id. 490); Dec. 2, 1859 (1 id. 491); May 19, 1871 (Copp's L. L. 753); Nov. 3, 1871 (id. 755); Nov. 13, 1872 (id. 755); March 31, 1873 (id. 755); April 11, 1876 (3 Copp's L. O. 19); June 27, 1878 (5 id. 101); Dec. 5, 1878 (5 id. 146); May 28, 1880 (7 id. 91). Decision Com. G. L. O., Sept. 3, 1878 (5 Copp's L. O. 117). Rules and Regulations, Oct. 3, 1846 (1 Lester's L. L. 482); March 13, 1847 (1 id. 483); March 16, 1854 (1 id. 484); April 25, 1877 (G. L. O. Rep. 1877, p. 100).
under above, how approved.
SEC. 467. Every such adjudication shall be approved by Adjudications the Secretary of the Interior and the Attorney-General, acting as a board; and shall operate only to divest the United States of the title of the lands embraced thereby, without prejudice to the rights of conflicting claimants.
9 Stat. 51; 19 id. 244; R. S. 2451. 14 Op. Att. Gen. 636, 645. De
cisions Sec. Int., Aug. 12, 1859 (1 Lester's L. L. 487); June 27,
1878 (5 Copp's L. O. 101). Rules and Regulations, Oct. 3, 1846
(1 Lester's L. L. 482); April 25, 1877 (G. L. O. Rep. 1877, p. 100).
Report of adjudications under
SEC. 468. The Commissioner is directed to report to Conpreceding sec-gress at the first session after any such adjudications have been made a list of the same under the classes prescribed by law, with a statement of the principles upon which each class was determined.
Decisions to be arranged into classes.
Patents to issue
9 Stat. 51; R. S. 2452.
SEC. 469. The Commissioner shall arrange his decisions into two classes; the first class to embrace all such cases of equity as may be finally confirmed by the board, and the second class to embrace all such cases as the board reject and decide to be invalid.
9 Stat. 51; R. S. 2453. Rules and Regulations, Oct. 3, 1846 (1 Lester's L. L. 482); April 25, 1877 (G. L. O. Rep. 1877, p. 100). SEC. 470. For all lands covered by claims which are placed for lands in the in the first class, patents shall issue to the claimants; and lands in second all lands embraced by claims placed in the second class shall ipso facto revert to, and become part of, the public domain. 9 Stat. 51; R. S. 2154.
first class, and
class to revert to the United States.
to order into mar
SEC. 471. It may be lawful for the Commissioner of the ket lands of sec- General Land Office to order into market, after due notice, without the formality and expense of a proclamation of the President, all lands of the second class, though heretofore unproclaimed and unoffered, and such other isolated or disconnected tracts or parcels of unoffered lands which, in his judgment, it would be proper to expose to sale in like manner. But public notice of at least thirty days shall be given by the land officers of the district in which such lands may be situated, pursuant to the directions of the Commissioner. 9 Stat. 51; R. S. 2455. 14 Op. Att. Gen. 636.
Patents surrendered and new ones issued in certain cases.
Extent of foregoing provisions.
Copies of records, &c., to be certified.
SEC. 472. Where patents have been already issued on entries which are confirmed by the officers who are constituted the board of adjudication, the Commissioner of the General Land Office, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such confirmation, to the person who made the entry, his heirs or assigns. 10 Stat. 258; R. S. 2456.
SEC. 473. The preceding provisions from section four hundred and sixty-six to section four hundred and seventy-two, inclusive, shall be applicable to all cases of suspended entries and locations, which have arisen in the General Land Office since the twenty-sixth day of June, eighteen hundred and fifty-six, as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and pre-emption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or pre-emptor are prejudiced, or where there is no adverse claim.
11 Stat. 22; R. S. 2457.
SEC. 474. The Commissioner of the General Land Office shall cause to be prepared, and shall certify, under the seal