Sidebilder
PDF
ePub

BOARD OF EQUITABLE ADJUDICATION.

Revised Statutes.-Secs. 2450-2457-Entries on which there has
been substantial compliance with the law but lacking in some
formality resulting from ignorance, accident, or mistake sat-
isfactorily explained, to be decided on principles of equity
and justice under regulations of the Commissioner, the Secre-
tary of the Interior, and the Attorney General.

Act of September 20, 1922-Commissioner of the General Land
Office authorized to decide on principles of equity and justice.

UNITED STATES REVISED STATUTES.1

Cases of "suspended entries of

suspended pre

Aug. 3, 1846,

SEC. 2450. The Commissioner of the General Land Office is authorized to decide upon principles of equity public lands" and and justice, as recognized in courts of equity, and in emption land accordance with regulations to be settled by the Secre- claims." tary of the Interior, the Attorney-General, and the Com- 9 s. 61; Mar. 3, missioner, conjointly, consistently with such principles, June 26, 1856, 11 all cases of suspended entries of public lands and of sus- S. 22; June 1, pended preemption land claims, and to adjudge in what Feb. 27, 1877, cases patents shall issue upon the same.

1853, 10 S. 258;

1874, 18 S. 50;

19 S. 244.

under above; how

Aug. 3, 1846,

SEC. 2451. Every such adjudication shall be approved Adjudications by the Secretary of the Treasury and the Attorney-approved. General, acting as a board; and shall operate only to, S. 51; Feb. divest the United States of the title of the lands embraced 27, 1877, 19 S. thereby, without prejudice to the rights of conflicting claimants.

*

244.

Decisions to be

classes.

into

Aug. 3, 1846,

SEC. 2453. The Commissioner shall arrange his deci- arranged sions into two classes; the first class to embrace all such cases of equity as may be finally confirmed by the board, s. 51. and the second class to embrace all such cases as the board reject and decide to be invalid.

Patents to issue for lands in the

SEC. 2454. For all lands covered by claims which are placed in the first class, patents shall issue to the claim- first class, class, and ants; and all lands embraced by claims placed in the second class shall ipso facto revert to, and become part of, the public domain.

lands in second class to revert to the United States.

Ibid.

Patents surrendered and

new

SEC. 2456. Where patents have been already issued on entries which are confirmed by the officers who are ones issued in constituted the board of adjudication, the Commissioner certain cases. Mar. 3, 1853, of the General Land Office, upon the canceling of the 10 s. 258. outstanding patent, is authorized to issue a new patent,

1 See the act of Sept. 20, 1922.

36039-23- -5

61

Extent of fore

going provisions.

11 S. 22.

on such confirmation, to the person who made the entry, his heirs or assigns.

SEC. 2457. The preceding provisions, from section June 26, 1856, twenty-four hundred and fifty to section twenty-four hundred and fifty-six, 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 preemption 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.

Public lands.

suspended en.

An Act To repeal sections 2453 and 2454, and to amend sections 2450, 2451, and 2456, Revised Statutes of the United States.

Be it enacted by the Senate and House of RepresentClassification of atives of the United States of America in Congress tries repealed assembled, That sections 2453 and 2454, Revised Statutes 2454, p. 449, re of the United States, be repealed and sections 2450, 2451, and 2456 be amended to read as follows:

R. S., secs. 2453,

pealed.

ents upon sus

pended

etc.

Issue of pat- "SEC. 2450. That the Commissioner of the General entries, Land Office is authorized to decide upon principles of R. S., sec. 2450, equity and justice, as recognized in courts of equity, and p. 449, amended. in accordance with regulations to be approved by the Secretary of the Interior, consistently with such principles, all cases of suspended entries of public lands and of suspended preemption land claims, and to adjudge in what cases patents shall issue upon the same.

Approval

States title.

to

"SEC. 2451. That every such adjudication shall be apdivest United proved by the Secretary of the Interior and shall operate R. S., sec. 2451, only to divest the United States of the title to the land p. 499, amended. embraced thereby, without prejudice to the rights of conflicting claimants.

Issue of

new

render of outstanding.

R. S., Sec. 2456,

"SEC. 2456. That where patents have been already patents on sur issued on entries which are approved by the Secretary of the Interior, the Commissioner of the General Land Office, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such approval, to the person who made the entry, his heirs or assigns." Approved September 20, 1922 (42 Stat. 857).

p. 449, amended.

BOUNTY LAND WARRANTS.

Revised Statutes.-Section 457-Warrants to be issued and recorded____
Sections 2414-2415-Warrants assignable To be located on one body of
land subject to private entry-If value of land exceeds $1.25 per acre,
difference to be paid in cash-One location exhausts warrant.
Section 2436-All sales prior to issuance of warrant are void___
Sections 2441-2444-Duplicate in lieu of lost or destroyed warrant—
Patent to issue in name of heirs if soldier dies after location and before
patent-If soldier dies after establishing right to warrant title, when
issued, vests in widow, heirs, or legatees__.

Section 5420-Penalty for forging or counterfeiting_.

Act of March 2, 1889-Only lands in Missouri subject to private entry--Act of December 13, 1894-Warrants may be used at $1.25 an acre in desert-land and timber and stone entries, and in payment for lands sold at public auction. A warrant may also be used in payment of $1.25 an acre on commuted homesteads___

Act of May 29, 1908-Certain patents validated____.

UNITED STATES REVISED STATUTES.

[merged small][merged small][ocr errors][merged small][subsumed][ocr errors][subsumed][subsumed][merged small]

Warrants military lands.

2 S. 717.

[ocr errors][merged small]

for

SEC. 457. In all cases in which land has heretofore or shall hereafter be given by the United States for mili- Apr. 25, 1812, tary services, warrants shall be granted to the parties entitled to such land by the Secretary of the Interior; and such warrants shall be recorded in the General Land Office, in books to be kept for the purpose, and shall be located as is or may be provided by law; and patents shall afterwards be issued accordingly.

*

[ocr errors]

Military bounand locations as

ty-land warrants

signable.

Mar. 22, 1852,

1858, 11 S. 309.

SEC. 2414. All warrants for military bounty lands which have been or may hereafter be issued under any law of the United States, and all valid locations of the same which have been or may hereafter be made, are 10 S. 3; June 3, declared to be assignable by deed or instrument of writing, made and executed according to such form and pursuant to such regulations as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owner of the warrant or location.

SEC. 2415. The warrants which have been or may hereafter be issued in pursuance of law may be located according to the legal subdivisions of the public lands in one body upon any lands of the United States subject to private entry at the time of such location at the minimum price. When such warrant is located on lands which are subject to entry at a greater minimum than one dollar and twenty-five cents per acre, the locator shall pay to the United States in cash the difference be

cated at $1.25;

Warrants lo.

excess paid in cash.

Mar. 22, 1852,

10 S. 3.

Sales, mortgages, letters of

etc., made before

to be void. Sept.

521.

tween the value of such warrants at one dollar and twenty-five cents per acre and the tract of land located on. But where such tract is rated at one dollar and twenty-five cents per acre, and does not exceed the area specified in the warrant, it must be taken in full satisfaction thereof.

[ocr errors][merged small]

SEC. 2436. All sales, mortgages, letters of attorney, or attorney, other instruments of writing, going to affect the title or issue of warrant claim to any warrant issued, or to be issued, or any land 28, 1850, 9 S. granted, or to be granted, under the preceding provisions of this chapter, made or executed prior to the issue of such warrant, shall be null and void to all intents and purposes whatsoever; nor shall such warrant, or the land obtained thereby, be in anywise affected by, or charged with, or subject to, the payment of any debt or claim incurred by any officer or soldier, prior to the issuing of the patent.

New warrants issued in lieu of

12 S. 90; June

111.

[blocks in formation]

SEC. 2441. Whenever it appears that any certificate or lost warrant. warrant, issued in pursuance of any law granting bounty June 23, 1860, land, has been lost or destroyed, whether the same has 20, 1874, 18 S. been sold and assigned by the warrantee or not, the Secretary of the Interior is required to cause a new certificate or warrant of like tenor to be issued in lieu thereof; which new certificate or warrant may be assigned, located, and patented in like manner as other certificates or warrants for bounty land are now authorized by law to be assigned, located, and patented; and in all cases where warrants have been, or may be, reissued, the original warrant, in whosoever hands it may be, shall be deemed and held to be null and void, and the assignment thereof, if any there be, fraudulent; and no patent shall ever issue for any land located therewith, unless such presumption of fraud in the assignment be removed by due proof that the same was executed by the warrantee in good faith and for a valuable consideration.

terior.

Ibid.

Regulations by SEC. 2442. The Secretary of the Interior is required to Secretary of In- prescribe such regulations for carrying the preceding section into effect as he may deem necessary and proper in order to protect the Government against imposition and fraud by persons claiming the benefit thereof; and all laws and parts of laws for the punishment of frauds against the United States are made applicable to frauds under that section.

Mode of issuing patent to the

ty lands.

SEC. 2443. In all cases where an officer or soldier of the heirs of persons Revolutionary War, or a soldier of the War of Eighteen entitled to boun- hundred and twelve, was entitled to bounty land, has Mar. 3, 1843, died before obtaining a patent for the land, and where 5 S. 650. application is made by a part only of the heirs of such deceased officer or soldier for such bounty land, it shall be

the duty of the Secretary of the Interior to issue the patent in the name of the heirs of such deceased officer or soldier, without specifying each; and the patent so issued in the name of the heirs, generally, shall inure to the benefit of the whole, in such portions as they are severally entitled to by the laws of descent in the State or Territory where the officer or soldier belonged at the time of his death.

Death of claimant after estab

before issuing of
warrant.
June 3, 1858,
11 S. 308.

SEC. 2444. When proof has been or hereafter is filed in the Pension Office, during the lifetime of a claimant, es- lishing right and tablishing, to the satisfaction of that office, his right to a warrant for military services, and such warrant has not been, or may not be, issued until after the death of the claimant, and all such warrants as have been heretofore issued subsequent to the death of the claimant, the title to such warrants shall vest in his widow, if there be one, and if there be no widow, then in the heirs or legatees of the claimant; and all military bounty-land warrants issued pursuant to law shall be treated as personal chattels, and may be conveyed by assignment of such widow, heirs, or legatees, or by the legal representatives of the deceased claimant, for the use of such heirs or legatees only.

*

*

*

*

terfeiting, or pass

Feb. 5, 1859,

SEC. 5420. Every person who falsely makes, alters, Forging, counforges, or counterfeits any military bounty-land warrant, ing military bounor military bounty-land warrant certificate, issued or ty-land warrants. purporting to have been issued by the Commissioner of 11.8. 381. Pensions under any Act of Congress, or any certificate of location of any military bounty-land warrant, or any duplicate thereof, or military bounty-land warrant certificate upon any of the lands of the United States, or any certificate of the purchase of any of the lands of the United States, or any duplicate certificate of the purchase of any of the lands of the United States, or any receipt for the purchase money of any of the lands of the United States, or any duplicate receipt for the purchase money of any lands of the United States, issued or purporting to have been issued by the register and receiver at any land office of the United States, or by either of them, or who passes, utters, or publishes as true any false, forged, or counterfeited military bountyland warrant, military bounty-land warrant certificate, certificate of location, or duplicate certificate of location, certificate of purchase, duplicate certificate of purchase, receipt or duplicate receipt, for the purchase money of any of the lands of the United States, knowing the same to be false or forged, shall be imprisoned at hard labor not less than three years nor more than 10 years.

« ForrigeFortsett »