« ForrigeFortsett »
BOARD OF EQUITABLE ADJUDICATION.
Bevised Statutes.-Secs. 2450–2457—Entries on wbich there has
been substantial compliance with the law but lacking in some formality resulting from ignorance, accident, or mistake satisfactorily 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."
Cases of "sus. pended entries of
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 emptioned abonen accordance with regulations to be settled by the Secre- claims.” tary of the Interior, the Attorney-General, and the Com-9 8. $i; "Mar. 3 missioner, conjointly, consistently with such principles, June 26, 1856, 1i all cases of suspended entries of public lands and of sus 5:22; June; pended preemption land claims, and to adjudge in what Feb. 27, 1877, cases patents shall issue upon the same.
SEC. 2451. Every such adjudication shall be approved by the Secretary of the Treasury and the Attorney-approved. General, acting as a board; and shall operate only to o 5.* 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.
19 S. 244.
Adjudications under above; how
Decisions to be
Sec. 2453. The Commissioner shall arrange his deci- arranged into sions into two classes; the first class to embrace all such
Aug. 3, 1846, cases of equity as may be finally confirmed by the board, 9 s. 51. and the second class to embrace all such cases as the board reject and decide to be invalid. SEC. 2454. For all lands covered by claims which are
for lands in the placed in the first class, patents shall issue to the claim- first class, and ants; and all lands embraced by claims placed in the lands in second second class shall ipso facto revert to, and become part til at the of, the public domain.
Patents to issue
Patents surrendered and new
Sec. 2456. Where patents have been already issued on entries which are confirmed by the officers who are ones constituted the board of adjudication, the Commissioner cermat. 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.
11 S. 22.
on such confirmation, to the person who made the entry,
his heirs or assigns. Extent of foregoing provisions.
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.
An Act To repeal sections 2453 and 2454, and to amend sections 2450,
2451, and 2456, Revised Statutes of the United States.
Public lands. Classification of suspended en
Issue of patents upon etc.
Be it enacted by the Senate and House of Represent
atives of the United States of America in Congress triess repealedos, assembled, That sections 2453 and 2454, Revised Statutes 2454, p. 449, re of the United States, be repealed and sections 2450, 2451, pealed.
and 2456 be amended to read as follows:
“ SEC. 2450. That the Commissioner of the General pended 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. 149, 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
“ Sec. 2451. That every such adjudication shall be ap
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. 199, amended. embraced thereby, without prejudice to the rights of con
“ SEC. 2456. That where patents have been already
sur: issued on entries which are approved by the Secretary standing. of the Interior, the Commissioner of the General Land
1.8. sec. del: Office, upon the canceling of the outstanding patent, is p. 449amended.
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).
to divest United States title.
Issue of patents on render of
BOUNTY LAND WARRANTS.
Revised Statutes.--Section 457–Warrants to be issued and recorded.---
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 2441–2444Duplicate in lieu of lost or destroyed warrant
Patent to issue in name of heirs if soldier dies after location and before
issued, vests in widow, heirs, or legatees.
desert-land and timber and stone entries, and in payment for lands sold
acre on commuted homesteads... Act of May 29, 1908—Certain patents validated -
64 65 66
UNITED STATES REVISED STATUTES.
2 S. 717.
SEC, 457. In all cases in which land has heretofore or
military lands. 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.
Sec. 2414. All warrants for military bounty lands Military boun: which have been or may hereafter be issued under any and locations aslaw of the United States, and all valid locations of the Mar. 22, 1852, same which have been or may hereafter be made, are 10.8. 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 here- cated at $1.25 ; after be issued in pursuance of law may be located ac- excess cording to the legal subdivisions of the public lands in Mar. 22, 1852, one body upon any lands of the United States subject to 10 8. 3. 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
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.
Sales, mortgages, letters of
SEC. 2436. All sales, mortgages, letters of attorney, or attorney: other instruments of writing, going to affect the title or issue o warrant claim to any warrant issued, or to be issued, or any land 28,9€ 1850, seps: 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 sand 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 lost warrant.
SEC. 2441. Whenever it appears that any certificate or
warrant, issued in pursuance of any law granting bounty June 28: 1300 land, has been lost or destroyed, whether the same has 20, 1874,' 18 s. been sold and assigned by the warrantee or not, the Sec
retary 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. Regulations by Sec. 2442. The Secretary of the Interior is required to Secretary of Interior.
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.
Sec, 2443. In all cases where an officer or soldier of the hoirs of persons Revolutionary War, or a soldier of the War of Eighteen
hundred and twelve, was entitled to bounty land, has Mar. 3, 1843, died before obtaining a patent for the land, and where
application is made by a part only of the heirs of such deceased officer or soldier for such bounty land, it shall be
Mode of issu
entitled to bounty lands.
5 S. 650.
before issuing of warrant.
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 Terri. tory where the officer or soldier belonged at the time of his death.
SEC. 2444. When proof has been or hereafter is filed in Death of claimthe 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 June 3, 1858, 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.
11 S. 308.
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. 384. 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.