Kansas, how to May 9, 1872, 17 SEC. 2283. The Osage Indian trust and diminished-Certain lands in reserve lands in the State of Kansas, excepting the be sold. sixteenth and thirty-sixth sections in each township, s., 90; June 23, shall be subject to disposal, for cash only, to actual 1874, 18 S. 283; Aug. 11, 1876, 19 settlers, in quantities not exceeding one hundred and s., 127. sixty acres, or one-quarter section to each, in compact form, in accordance with the general principles of the preemption laws, under the direction of the Commissioner of the General Land Office; but claimants shall file their declaratory statements as prescribed in other cases upon unoffered lands, and shall pay for the tracts, respectively, settled upon within one year from date of settlement where the plat of survey is on file at that date, and within one year from the filing of the township plat in the district office where such plat is not on file at date of settlement. Transfer of SEC. 2284. The sale or transfer of his claim upon any above claims prior portion of these lands by any settler prior to the twenty- to, etc., subsesixth day of April, eighteen hundred and seventy-one, entry. quent right of shall not operate to preclude the right of entry, under May 9, 1872, 17 the provisions of the preceding section, upon another 1874, 18 S., 283. tract settled upon subsequent to such sale or transfer; but satisfactory proof of good faith must be furnished upon such subsequent settlement. S., 90; June 23, Preemption lands in Kansas. SEC. 2285. The restrictions of the preemption laws, restrictions not to contained in sections twenty-two hundred and sixty and apply to certain twenty-two hundred and sixty-one, shall not apply to May 9, 1872, 17 any settler on the Osage Indian trust and diminished- S., 90. reserve lands in the State of Kansas, who was actually residing on his claim on the ninth day of May, eighteen hundred and seventy-two. * * * * * of entry becomes ceiver. SEC. 2287. Any bona fide settler under the homestead Where claimant or preemption laws of the United States who has filed register or rethe proper application to enter not to exceed one quar- Apr. 20, 1871, 17 ter-section of the public lands in any district land office, S., 10. and who has been subsequently appointed a register or receiver, may perfect the title to the land under the preemption laws by furnishing the proofs and making the payments required by law to the satisfaction of the Commissioner of the General Land Office. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. Joint Resolution To extend the time of payment to settlers on the public lands in certain cases. time for pay Resolved by the Senate and House of Representatives of Extension of the United States of America in Congress assembled, That ments in certain whenever it shall appear by the filing of such evidence cases. in the offices of any register and receiver as shall be prescribed by the Secretary of the Interior that any settler on the public lands, by reason of a failure of crops for Extension of time for pay cases which he is in nowise responsible, is unable to make the payment on his homestead or preemption claim required by law, the Commissioner of the General Land Office is hereby authorized to extend the time for such payment for not exceeding one year from the date when the same becomes due. Approved, September 30, 1890 (26 Stat., 684). An Act Extending the time for final proof and payment on lands claimed under the public land laws of the United States. SEC. 2. That the time of making final payments on ments in certain entries under the preemption act is hereby extended for one year from the date when the same becomes due in all cases where preemption entrymen are unable to make final payments from causes which they can not control, evidence of such inability to be subject to the regulations of the Secretary of the Interior. Approved, July 26, 1894 (28 Stat., 123). PRIVATE LAND CLAIMS. Page. Revised Statutes-Sec. 2447-Patents to issue for confirmed claims.... 213 Act of July 31, 1876 (19 Stat.,121)-Cost of survey to be paid before patent issues.. 213 Act of March 3, 1891 (26 Stat., 854)-Court of private land claims Act of April 28, 1904 (33 Stat., 485) Surveys to be approved by 214 215 Private land claims originated, for the most part, under grants by foreign governments prior to the cession to the United States of the territory involved. They have been confirmed by Boards of Commissioners acting under authority of Congress, by acts of Congress, and by the courts. Patents are issued whenever the present owners of the land make applications for the same, accompanied by affidavit as to ownership. UNITED STATES REVISED STATUTES. Patents to issue Dec. 22, 1854, 10 SEC. 2447. In case of any claim to land in any State or for claims heretoTerritory which has heretofore been confirmed by law, fore confirmed. and in which no provision is made by the confirmatory s., 599. 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 LandOffice 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. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. Extract from the sundry civil appropriation act approved July 31, 1876 (19 Stat., 121). Cost of survey That an accurate account shall be kept by each sur- to be paid before veyor general of the cost of surveying and platting every patent issues. private land claim, to be reported to the General Land Office with the map of such claim; and that a patent shall not issue nor shall any copy of any such survey be furnished for any such private claim until the cost of survey and platting shall have been paid into the Treasury of the United States by the party or parties in interest in said grant or by any other party. Court of privateland claims established. Claimants under certain un court. An Act To establish a court of private land claims, and to provide for the settlement of private land claims in certain States and Territories. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be, and hereby is, established a court to be called the court of private land claims, to consist of a chief justice and four associate justices, who shall be, when appointed, citizens and residents of some of the States of the United States, to be appointed by the President, by and with the advice and consent of the Senate, to hold their offices for the term expiring on the thirty-first day of December, anno Domini eighteen hundred and ninety-five; any three of whom shall constitute a quorum. Said court shall have and exercise jurisdiction in the hearing and decision of private land claims according to the provisions of this act. SEC. 6. That it shall and may be lawful for any person confirmed grants or persons or corporation, or their legal representatives, may petition claiming lands within the limits of the territory derived by the United States from the Republic of Mexico and now embraced within the Territories of New Mexico, Arizona, or Utah, or within the States of Nevada, Colorado, or Wyoming by virtue of any such Spanish or Mexican grant, concession, warrant, or survey as the United States are bound to recognize and confirm by virtue of the treaties of cession of said country by Mexico to the United States which at the date of the passage of this act have not been confirmed by act of Congress, or otherwise finally decided upon by lawful authority, and which are not already complete and perfect, in every such case to present a petition, in writing, to the said court in the State or Territory where said land is situated and Institution of where the said court holds its sessions, but cases arising in the States and Territories in which the court does not hold regular sessions may be instituted at such place as may be designated by the rules of the court. cases otherwise. Certain other claimants claim apply for confirmation. SEC. 8. That any person or corporation claiming lands ing under com- in any of the States or Territories mentioned in this act plete title may under a title derived from the Spanish or Mexican Government that was complete and perfect at the date when the United States acquired sovereignty therein, shall have the right (but shall not be bound) to apply to said court in the manner in this act provided for other cases for a confirmation of such title; and on such application said court shall proceed to hear, try, and determine the validity of the same and the right of the claimant thereto, its extent, location and boundaries, in the same manner and with the same powers as in other cases in this act mentioned. Procedure. 1 Continued under different acts of Congress until June 30, 1904. SEC. 10. That whenever any decision of confirmation shall become final, the clerk of the court in which the final decision shall be had shall certify that fact to the Commissioner of the General Land Office, with a copy of the decree of confirmation, which shall plainly state the location, boundaries, and area of the tract confirmed. The said Commissioner shall thereupon without delay cause the tract so confirmed to be surveyed at the cost of the United States. Certification of firmation to Commissioner of Gen final decree of con eral Land Office. to confirmee. One-half of survey expense to be When any survey is finally approved by the court, it Issue of patent shall be returned to the Commissioner of the General Land Office, who shall as soon as half of the necessary expenses of making the survey and plat provided for in paid by claimant. this section, and in respect of which a patent shall be ordered to be issued, shall be paid by the claimant or patentee, and shall be a lien on said land, which may be enforced by the sale of so much thereof as may be necessary for that purpose, after a default of payment thereof lien on land. for six months next after the approval of such survey and plat; and no patent shall issue until such payment. * * * * * Enforcement of SEC. 13. That all the foregoing proceedings and rights Provisions. shall be conducted and decided subject to the following provisions as well as to the other provisions of this act, namely: * * * * Mines or minfirmed. eral lands not con Exceptions. Third. No allowance or confirmation of any claim shall confer any right or title to any gold, silver, or quicksilver mines or minerals of the same, unless the grant claimed effected the donation or sale of such mines or minerals to the grantee, or unless such grantee has become otherwise entitled thereto in law or in equity; but all such mines and minerals shall remain the property of the United States, with the right of working the same, which fact shall be stated in all patents issued under this act. But no such mine shall be worked on any property confirmed under this act without the consent of the owner mines. of such property until specially authorized thereto by an act of Congress hereafter passed. Approved, March 3, 1891 (26 Stat., 854). Extract from the sundry civil appropriation act, approved April 28, 1904 (33 Stat., 485). Consent of owner to work of the General lands That all the powers now exercised by the Court of Pri-Commission er vate Land Claims in the approval of surveys executed Land Office to apunder its decrees of confirmation shall be conferred upon private prove surveys of and exercised by the Commissioner of the General Land claims. Office from and after the thirtieth day of June, nineteen hundred and four. |