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visions for.

SEC. 164. In every case of a purchaser of public lands, at Mistakes in enprivate sale, having entered at the land office a tract differ- try of lands, proent from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application for that purpose to the register of the land office; and if it appears from testimony satisfactory to the register and receiver, that an error in the entry has been made, and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at corners of the tract of land, or that it has in any otherwise arisen from mistake or error of the surveyor, or officers of the land office, the register and receiver shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purchase of other lands in the same district, or credited in the payment for other lands which have been purchased at the same office.

3 Stat. 526; R. S. 2359. Decisions Sec. Int., Jan. 28, 1850; Dec. 31, 1855; June 3, 1879. Decisions Com. G. L. O., April 22, 1856; May 8, 1856. Cir. G. L. O., Aug. 31, 1830; July 23, 1849; April 20, 1853; Jan. 19, 1854; April 30, 1867.

ents for lands.

SEC. 165. The provisions of the preceding section are de- Mistakes in pat clared to extend to all cases where patents have issued or may hereafter issue; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a relinquishment of title thereon, executed in a form to be prescribed by the Secre tary of the Interior.

4 Stat. 301; R. S. 2370.

SEC. 166. The provisions of the two preceding sections Mistakes in loare made applicable in all respects to errors in the location cation of warof land warrants.

Cír. G. L. O.,

10 Stat. 257; R. S. 2371. Colder v. Keegan, 30 Wis. 126; Ainsley v.
Paterson, 30 id. 653; Faush v. Coon, 40 Cal. 33.
April 20, 1853.

rants.

SEC. 167. In all cases of an entry hereafter made, of a tract, Error in entry by mistake of of land not intended to be entered, by a mistake of the true numbers; pronumbers of the tract intended to be entered, where the tract, ceedings upon. thus erroneously entered, does not, in quantity, exceed one half-section, and where the certificate of the original purchaser has not been assigned, or his right in any way transferred, the purchaser, or, in case of his death, the legal representatives, not being assignees or transferees, may, in any case coming within the provisions of this section, file his own affidavit, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the register and receiver of the land district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion, both as to the existence of the mistake and the

credibility of each person testifying thereto, to the Commissioner of the General Land Office, who, if he be entirely satisfied that the mistake has been made, and that every reasonable precaution and exertion had been made to avoid it, is authorized to change the entry, and transfer the payment from the tract erroneously entered, to that intended to be entered, if unsold; but, if sold, to any other tract liable to entry; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize any such change of entry; nor shall anything herein contained affect the right of third persons.

4 Stat. 31; R. S. 2372. Bellows v. Todd, 34 Iowa, 18.

Agreement and SEC. 168. Every person who, before or at the time of the acts intended to prevent bids; public sale of any of the lands of the United States, barpenalty. gains, contracts, or agrees, or attempts to bargain, contract, or agree with any other person, that the last-named person shall not bid upon or purchase the land so offered for sale, or any parcel thereof, or who by intimidation, combination, or unfair management, hinders.or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both.

public sales.

4 Stat. 392; R. S. 2373. Oliver v. Piatt, 3 How. 333; Fackler v. Ford et al., 24 id. 322; Easley v. Kellom et al., 14 Wall. 279. Stannard v. McCarthy, Morris (Iowa) 124.

Agreements to SEC. 169. If any person before, or at the time of the pubpay premium to purchasers at lic sale of any of the lands of the United States, enters into any contract, bargain, agreement, or secret understanding with any other person, proposing to purchase such land, to pay or give to such purchasers for such land a sum of money or other article of property over and above the price at which the land is bid off by such purchasers, every such contract, bargain, agreement, or secret understanding, and every bond, obligation, or writing of any kind whatsoever, founded upon or growing out of the same, shall be utterly null and void.

Recovery of pre

4 Stat. 392; R. S. 2374. Oliver v. Piatt, 3 How. 333; Fackler r. Ford et al., 24 id. 322; Easley v. Kellom et al., 14 Wall. 279. Wright v. Shumway, 1 Bissell, C. Č. 23.

SEC. 170. Every person being a party to such contract, miums paid to bargain, agreement, or secret understanding, who pays to purchasers at public sales. such purchaser any sum of money or other article of value, over and above the purchase money of such land, may sue for and recover such excess from such purchaser in any court having jurisdiction of the same.

4 Stat. 392; R. S. 2375. Root v. Shields, 1 Woolw. C. C. 340. Ellis v. Mosier, Green (Iowa), 246.

Discovery of SEC. 171. If the party aggrieved have no legal evidence of agreements to such contract, bargain, agreement, or secret understanding, pay premium by bill in equity. or of the payment of the excess, he may, by bill in equity, compel such purchaser to make discovery thereof; and if in such case the complainant shall ask for relief, the court in which the bill is pending may proceed to final decree between

the parties to the same; but every such suit either in law or equity shall be commenced within six years next after the sale of such land by the United States.

4 Stat. 392; R. S. 2376. Guh v. Cutter, Burnett (Wis.) 92; 1 Pinney (Wis.) 253. Root v. Shields, 1 Woolw. C. C. 340.

SEC. 172. In no case shall more than three sections of Limitation of entries by agripublic lands be entered at private entry in any one town- cultural college ship by scrip issued to any State under the act approved scrip. July two, eighteen hundred and sixty-two, for the establish

ment of an agricultural college therein.

15 Stat. 227; R. S. 2377. Cir. G. L. O., July 20, 1875.

SEC. 173. Whenever it shall be shown to the satisfaction Sale of saline of the Commissioner of the General Land Office, by testi- lands. mony taken before the register and receiver in any land district, that any of the lauds within their district are saline in character, and not subject to sale under the general land laws, such lands shall be offered for sale at public auction at the local land office of the district, in which they are situated, under regulations to be prescribed by the Commissioner, and sold to the highest bidder for cash, at a price not less than one dollar and twenty-five cents per acre; and in case said lands are not sold when so offered, they shall be subject to private sale at such land office, for cash, at a price not less than one dollar and twenty-five cents per acre, in the same manner as other public lands of the United States are sold: Provided, That this section shall not apply to any State or Territory to which a grant of salines has not been made by Congress, nor to any State or Territory to which such a grant has been made but which remains unsatisfied; and the patents issued for said lands shall be in the form of, and shall only operate as, a release and quitclaim of such title as the United States has in such lands. 19 Stat. 221. Delauriere v. Emison, 15 How. 525; Morton v. Nebraska, 21 Wall, 660.

Sec.

CHAPTER SEVEN.

PRE-EMPTIONS.

174. Lands subject to pre-emption.
175. Lands not subject to pre-emption.
176. Persons entitled to pre-emption.
177. Persons not entitled to pre-emption.
178. Limitation of pre-emption right.
179. Oath of pre-emptionist, where filed;
penalty.

180. Notice of intention to make final
proof.

181. Publication of notice of entry.
182. Proof of settlement; assignment of
pre-emption rights.

183. Claim filed by settler on land not pro-
claimed for sale.

184. Statement to be filed by settler with
intent to purchase, on lands sub-
ject to private entry.

185. Declaratory statement of settlers on
unsurveyed lands, when filed.
186. Pre-emption claimants; time of mak-
ing proof and payment.

187. Lands relinquished by pre-emptors,
subject to entry at once.
188. Party contesting pre-emption entry
to be allowed thirty days after no-
tice of cancellation to make entry.
189. Publication of notice of contest in
pre-emption cases.

190. Extension of time in certain cases to
persons in military and naval serv-
ice.

Sec.

195. Purchase by private entry after ex-
piration of pre-emption right.
196. When more than one settler, rights
of appeal to Commissioner and Sec-
retary of Interior.

197. Settlements of two or more persons on
same subdivision before survey.
198. Settlements before survey on sections
16 and 36, deficiencies therefor.
199. Selections to supply deficiencies of
school lands.

200. Military bounty-land warrants re-
ceivable for pre-emption payments.
201. Agricultural-college scrip receivable
in payment of pre-emptions.
202. Pre-emption limit along railroad
lines.

203. Pre-emption rights on lands reserved
for grants found invalid.

204. Pre-emption rights on lands reserved for railroads.

[blocks in formation]

191. Death before consummating claim; who to complete, &c.

209.

Where claimant of entry becomes register or receiver.

210.

192. Entries of insane persons confirmed
in certain cases.

193. Non-compliance with laws caused by
vacancy in office of register or re-
ceiver not to affect, &c.
194. No pre-emption of lands sold but not
confirmed by General Land Office.

Lands subject to pre-en ption

Right of transfer of settlers under homestead and pre-emption laws for certain public purposes. 211. Public sales of land not to be delayed by pre-emption claims.

SEC. 174. All lands belonging to the United States, to which the Indian title has been or may hereafter be extinguished, shall be subject to the right of pre-emption, under the conditions, restrictions, and stipulations provided by law.

12 Stat. 413; 18 id. 18, 334; 19 id. 35; R. S. 2257. Minnesota v. Bachelder, 1 Wall. 109; Hughes v. U. S., 4 id. 232; Hutchings v. Low, 15 id. 77; Shepley v. Cowan, 1 Otto, 330; Atherton v. Fowler, 6 id. 513; Hosmer v. Wallace, 7 id. 575; Trenouth v. San Fran cisco, 10 id. 251. Russell v. Beebe, 1 Hemp. C. C. 704; Gimmy . Culverson, 5 Saw. C. C. 605; Hummell v. Railway Co., 3 Dillon C. C. 313. 3 Op. Att. Gen. 106, 697; 5 id. 7; 11 id. 490. Terry v. Megerle, 24 Cal. 609; Hastings v. McGrogin, 27 id. 85; Robinson v. Forrest, 29 id. 317; People v. Shearer, 30 id. 685; Mahoney v.

Van Winkle, 33 id. 448; Smith v. Athern, 34 id. 270; Hutton v.
Frisbie, 37 id. 475; Sherman v. Buick, 45 id. 656; Foscalina v.
Doyle, 47 id. 438; Reed v. Caruthers, 47 id. 181; Umbarger v. Cha-
boya, 49 id. 525; Mastick v. Cave, 52 id. 67; West v. Smith, 52 id.
322; Perry v. O'Hanlan, 11 Mo. 373; McDaniel v. Orston, 12 id.
12; Bray v. Roysdale, 53 id. 170; Rector v. Gaines, 19 Ark. 70;
Thompson v. Schlater, 13 La. 115; Woodward v. McReynolds, 2
Pinney (Wis.) 268; Challefont v. Erignon, 4 Wis. 554; Arnold v.
Grimes, 2 Iowa, 1; Smith v. Mosier, 5 Blackf. (Ind.) 51; Sumner
v. Coleman, 23 Ind. 91; Delaney v. Burnett, 9 Ills. 454; Brown v.
Throckmorton, 11 id. 529; Baty v. Sale, 43 id. 351; Stalmacker v.
Morrison, 6 Neb. 363; Stark v. Baldwin, 7 id. 114. Decisions Sec.
Int., April 10, 1872; Aug. 5, 1874; Oct. 11, 1878; May 8, 1880.

SEC. 175. The following classes of lands, unless otherwise Lands not subspecially provided for by law, shall not be subject to the lect to pre-emp rights of pre-emption, to wit:

First. Lands included in any reservation by any treaty, law, or proclamation of the President, for any purpose.1 Second. Lands included within the limits of any incorporated town, or selected as the site of a city or town.2

Third. Lands actually settled and occupied for purposes of trade and business, and not for agriculture. 3

Fourth. Lands on which are situated any known salines or mines. 1

5 Stat. 455; 19 id. 221; R. S. 2258.

1 Barnard v. Ashley, 18 How. 43; Hale v. Gaines, 22 id. 144; Wil-
cox v. Jackson, 13 Pet. 498; U. S. v. Fitzgerald, 15 id. 407; Min-
nesota v. Bachelder, 1 Wall. 109; Shepley v. Cowan, 1 Otto, 330;
Van Reynegan v. Bolton, 5 id. 33; Hosmer v. Wallace, 7 id. 575;
Trenouth v. San Francisco, 10 id. 251; Wolsey v. Chapman, S. C.,
Oct. T. 1879. Turner v. Missionary Union, 5 McLean, C. C. 344;
U. S. v. Railway Bridge Co., 6 id. 517; Dupas v. Wassel, 1 Dillon,
C. C. 213; Russell v. Beebe, 1 Hemp. C. C. 704. Josephs v. U. S.
1 N. and H. 197; Johnson v. U.S. 2 id. 391. 2 Op. Att. Gen.
42, 578; 10 id. 56. Bellows r. Todd, 34 Iowa, 18; Fenwick v.
Gill, 38 Mo. 510; Gaines v. Hale, 16 Ark. 9; same case, 26 id. 168;
Marks r. Dickson, 10 La. Ann. 597; McConnell v. Wilcox, 1 Scam.
(Ills.) 344; Smith v. Goodell, 66 Ills. 450; Wood v. Railway Co., 11
Kansas, 323; Eli v. Frisbie, 17 Cal. 250; Mahoney r. Van Winkle,
21 id. 552; Page v. Hobbs, 27 id. 484; Carpenter v. Sargent, 4. id.
557. Decision Sec. Int., April 15, 1880..

Kissell r. St. Louis Pub. Schools, 18 How. 19; Stark v. Starrs, 6
Wall. 402. Root v. Shields, 1 Woolw. C. C. 340. Smiley, v. Samp-
son, 1 Neb. 56; Towsley v. Johnson, 1 id. 95; Nevada v. Rhodes,
4 Nev. 312. Decisions Sec. Int., June 5, 1876; July 26, 1876; Nov.
5, 1878; Oct. 1, 1879.

Op. Att. Gen., July 3, 1871; July 24, 1871; Aug. 5, 1871; Sept. 27,
1871. Decisions Sec. Int., July 24, 1871; Nov. 5, 1878.

4U. S. r. Gear, 3 How. 120; Morton v. Nebraska, 21 Wall. 660. Decision Sec. Int., Feb. 5, 1878.

SEC. 176. Every person, being the head of a family, or widow, or single person, over the age of twenty-one years, and a citizen of the United States, or having filed a declaration of intention to become such, as required by the naturalization laws, who has made, or hereafter makes, a settlement in person on the public lands subject to pre-emption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon, is authorized to enter with the register of the land office for the district in which such land lies, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quartersection of land, to include the residence of such claimant,

tion.

Persons entitled to pre-emption.

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