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An Act To continue certain land offices, and for other purposes.
Public lands, Designated land
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the land offices now located, respectively, at Bellefourche in the State of South Dakota, Waterville in offices continued. the State of Washington, Dickinson in the State of North Ante, p. 557. Dakota, Del Norte and Sterling in the State of Colorado, Clayton and Fort Sumner in the State of New Mexico, Harrison and Camden in the State of Arkansas, and Alliance in the State of Nebraska, are hereby continued for and during the fiscal year commencing July 1, 1922, and thereafter, in the discretion of the president as long as the public business at such offices shall warrant: Pro- Proviso. vided, however, That the President may consolidate the ter and receiver offices of register and receiver in any of said offices when- must be consoliever he may deem it in the public interest. SEC. 2. That such appropriations as are sufficient to thorized
Expenses au maintain said offices are hereby authorized to be made from time to time as conditions may require.
Approved, June 30, 1922 (42 Stat. 766).
Revised Statutes.-Sections 2362–2363—Purchase money to be refunded
where sale can not be confirmed. Act of June 16, 1880--Refund on fraudulent soldier's additional home.
steads-Canceled or unconfirmed entries-Double minimum price on
lands not in railroad limits.--Act of April 18, 1904-Proof of loyalty not required in repayment on
years-Repayment of same.
earned for issuing cancellation notices------
1. 491 491 492
UNITED STATES REVISED STATUTES:
Purchase money refunded where
Sec. 2362. The Secretary of the Interior is authorized, sale can not be upon proof being made, to his satisfaction, that any tract
Jan. 12, 1825, of land has been erroneously sold by the United States, so 48.80; Feb. 28, that from any cause the sale can not be confirmed, to re
pay 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 appro
priated. Refunding in Sec. 2363. Where any tract of land has been erro
neously sold, as described in the preceding section, and Feb 238, 1859, 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.
certain cases; how done.
11 s. 388.
ACTS OF CONGRESS PASSED SUBSEQUENT TO THE
An Act For the relief of certain settlers on the public lands, and to
provide for the payment of certain fees, purchase money, and com. missions paid on void entries of public lands.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemCertain set. bled, That in all cases where it shall, upon due proof the on public being made, appear to the satisfaction of the Secretary of
the Interior that innocent parties have paid the fees and
Entries can. celed or not con
repayment to be made
commissions and excess payments required upon the location of claims under the Act entitled “An Act to amend an Act entitled 'An Act to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States,' and amendments thereto," approved March third, Repayment to eighteen hundred and seventy-three, and now incor- of fees, commis. porated in section twenty-three hundred and six of the sions, and excess Revised Statutes of the United States, which said claims upon fraudulent
and void entries. were, after such location, found to be fraudulent and
Appropriation void, and the entries or locations made thereon canceled, permanent. the Secretary of the Interior 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.
SEC, 2. In all cases where homestead or timber-culture or desert-land entries or other entries of public lands frmed; have heretofore or shall hereafter be canceled for conflict, mat cases or where, from any cause, the entry has been erroneously allowed and can not be confirmed, the Secretary of the Interior shall cause to be repaid to the person who made such entry, or to 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 minimum claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land grant, to be reOffice, and in all cases where parties have paid double-paid. 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 manner be repaid to the purchaser thereof, or to his heirs or assigns.
Sec. 3. The Secretary of the Interior is authorized to Appropriation make the payments herein provided for, out of any money in the Treasury not otherwise appropriated.
SEC. 4. The Commissioner of the General Land Office Rules and regshall make all necessary rules, and issue all necessary made by the instructions, to carry the provisions of this Act into
Commissioner of effect; and for the repayment of the purchase money Office. and fees herein provided for the Secretary of the Interior shall draw his warrant on the Treasury and the same shall be paid without regard to the date of cancellation of the entries.
Approved, June 16, 1880 (21 Stat. 287).
Excess of $1.25 per acre, double
price for land not within railroad
the General Land
Joint Resolution As to the provisions of “An Act for the relief of
certain settlers on the public lands, and to provide for the payment of certain fees, purchase money, and commission paid on void entries of public lands," approved June sixteenth, eighteen hundred and eighty.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, Proof of loy. That the provisions of "An Act for the relief of certain quired in refund. settlers on the public lands, and to provide for the paying certain fees. ment of certain fees, purchase money, and commission
paid on void entries of public lands," approved June sixteenth, eighteen hundred and eighty, shall be construed to abolish the necessity for proof of loyalty in the cases mentioned in said Act, and no proof of loyalty shall be required in the cases mentioned in said Act.
Approved, April 18, 1904 (33 Stat. 589).
An Act To authorize the receivers of public moneys for land districts
to deposit with the Treasurer of the United States certain sums embraced in their accounts of unearned fees and unofficial moneys.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemReceivers to bled, shat the receivers of public moneys for land disdeposit unearned fees.
tricts are hereby authorized, under the direction of the Commissioner of the General Land Office, to deposit to the credit of the Treasurer of the United States all unearned fees and unofficial moneys that have been carried upon the books of their respective offices for a period of five years or more, which sums shall be covered into the Treasury by warrant and carried to the credit of the parties from whom such fees or moneys were received, and into an appropriation account to be denominated “Out
be Sec. 2. That at the time of making such deposit the furnished.
receiver shall furnish a list showing the date when the money was paid to him or to his predecessor; the names and residences of the parties; the purposes of the pay. ments and the amounts thereof, which list shall bear the certificate of the register and receiver that the same is correct; that the amounts are due and payable; that diligence has been exercised to return the same, and that the sums specified have remained unclaimed for a period
of five years or more. Deposit of Sec. 3. That amounts that appear in a receiver's aced by unknown counts as “Moneys deposited by unknown parties” shall parties,
also be deposited to the credit of the Treasurer of the United States, accompanied by a list showing the amount and, if possible, the date of the receipt of each item: which list shall bear the certificate of the register and receiver that, after careful investigation, the ownership of said moneys could not be determined, and that they have been reported in the unearned fees and unofficial money's accounts for five years or more.
Repayment of deposits.
SEC. 4. That any person or persons who shall have made payment to a receiver, or to his predecessor, and the money shall have been covered into the Treasury pursuant to section one or section three hereof, shall, on presenting satisfactory evidence of such payment to the proper officer of the Treasury Department, be entitled to have the same returned by the settlement of an account and the issuing of a warrant in his favor according to the practice in other cases of authorized and liquidated claims against the United States: Provided, That when such moneys shall remain unclaimed in the Treasury for recovery. more than five years the right to recover the same shall be barred: Provided, That no homestead entryman shall be required to make payment of the purchase money on by homestead enany application to make a cash entry until the same shall have been approved by the register and receiver, but such payment shall be made within ten days after notice of such approval.
Approved, March 2, 1907 (34 Stat. 1245).
Time limit for
of purchase money
An Act For the relief of homestead entrymen who have paid more
than the lawful purchase money.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which homestead entrymen Homestead enupon final proof or commutation shall have been re- tunded quired to pay more than the lawful purchase money for ments. their lands, the Secretary of the Interior shall cause the excess to be repaid to the entryman or to his heirs or assigns.
Approved, March 2, 1907 (34 Stat. 1248).
An Act To provide for the repayment of certain commissions, excess
payments, and purchase moneys paid under the public land laws.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where purchase moneys and commissions paid Repayment met under any public land law have been or shall hereafter in rejected enbe covered into the Treasury of the United States under any application to make any filing, location, selection, entry, or proof, such purchase moneys and commissions shall be repaid to the person who made such application, entry, or proof, or to his legal representatives, in all cases where such application, entry, or proof has been or shall hereafter be rejected, and neither such applicant nor his Restriction. legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application.
SEC. 2. That in all cases where it shall appear to the Reimbursement satisfaction of the Secretary of the Interior that any per- ments. son has heretofore or shall hereafter make any payments to the United States under the public land laws in excess