SEC. 50. The Commissioner of the General Land Office, Ibid. for Cali. in his discretion, may hereafter authorize public lands in fornia and Waar ington. California and in Washington Territory, densely covered with forests or thick undergrowth, to be surveyed at aug. mented rates, not exceeding eighteen dollars per linear mile for standard parallels, sixteen dollars for townships, and fourteen dollars for section lines. 17 Stat. 358; R. S. 2405. Decision Sec. Int., June 16, 1879. SEC. 51. When geodetic surveys in Oregon and Califor- Regulations for nia are authorized by the Secretary of the Interior, the geodetic surveys Commissioner shall prescribe the regulations and terms for the execution thereof. 9 Stat. 496; 10 id. 245; R. S. 2409. SEC. 52. Under the direction of the Secretary of the In- Compensation terior, the Commissioner may allow compensation by the day surveying in Ore by the day for for public surveys in Oregon and California. gon and California. 10 Stat. 247; R. S. 2411. SEC. 53. The Commissioner shall prescribe regulations Regulations for for the making and execution of assignments of military location of land bounty-land warrants, and for the location thereof. 10 Stat. 3; 11 id. 309; R. S. 2414. Bouldin et al. v. Massie's Heirs, Wheat. 122. Nichols v. Nichols, 3 Pinney (Wis.) 174; Price . Johnston, 1 Ohio St. 390; Duke v. Thompson, 16 Ohio 34; Mock v. Brammer, 28 id. 508; Dupre v. McCright, 6 La. 146; B. & M. R. R. Co. v. Clingman, 23 Iowa, 306; Waters v. Bush, 42 id. 255; Dyke v. McVey, 16 Ills. 41. Decision Sec. Int., March 1, 1876. assignment and warrants. to locate land warrants. SEC. 54. Pursuant to regulations to be prescribed by the Commissione: Secretary of the Interior, the Commissioner shall cause to be located, free of expense, military bounty-land warrants transmitted to him for that purpose by the holders thereof. 9 Stat. 521; R. S. 2437. Decision Sec. Int., March 1, 1876. SEC. 55. The Commissioner shall prescribe regulations Regulations for for the relocation of military bounty-laud warrants erroneously located by actual settlers. 10 Stat. 256; R. S. 2446. relocation of land warrants. pended entries SEC. 56. Conjointly with the Secretary of the Interior Equitable adju and the Attorney-General, he shall prescribe regulations for dication of sus the equitable decision of suspended entries of public lands and reports to Congress. and of suspended pre-emption claims, and adjudicate in what cases patents shall issue upon the same, and report such adjudication to Congress. 9 Stat. 51; 10 id. 258; 11 id. 22; 18 id. 50; 19 id. 244; R. S. 2450, 2452. certain lands into SEC. 57. Upon public notice of at least thirty days by Power to order the proper register and receiver, the Commissioner may market without order into market, without Presidential proclamation, all proclamation. lands embraced in claims rejected by the board for equitable adjudication, and isolated or disconnected parcels of unoffered lands. 9 Stat. 51; R. S. 2455. SEC. 58. The Commissioner shall issue patents upon entries confirmed by the board for equitable adjudication, Reissue of pat ents. Copies of rec certified. when such entries had been previously patented and the patents surrendered for cancellation. 10 Stat. 258; R. S. 2456. SEC. 59. The Commissioner shall cause to be prepared, ords, &c., to be and shall certify, under the seal of the office, such copies of records, books, and papers on file in his office as may be applied for to be used in evidence in courts of justice. Indemnity for swamp lands. Power of Com. 5 Stat. 111; 13 id. 375; R. S. 461, 891, 2469, 2470. Galt v. Galloway, 4 Pet. 331. SEC. 60. With the approval of the Secretary of the Interior, the Commissioner may, upon satisfactory proof, allow indemnity to the several States for swamp and overflowed lands granted to them by the act of September twenty-eighth, eighteen hundred and fifty, and sold by the United States prior to March third, eighteen hundred and fifty-seven. 10 Stat. 634, 635; 11 id. 251; R. S. 2482. 11 Op. Att. Gen. 467; id. July 25, 1877, in manuscript. Decisions Sec. Int., March 31, 1861; May 8, 1861; March 12, 1863; Feb. 8, 1868; Feb. 2, 1874. Decision Com. G. L. O., Feb. 17, 1879. SEC. 61. The Commissioner, under the direction of the missioner to make Secretary of the Interior, is authorized to enforce and carry regulations. into execution every part of the public land laws not otherwise specially provided for. Commissioner to perform duties of recorder of land titles. R. S. 2478. Bell v. Hearne et al., 19 How. 252; Garland v. Wynn, 20 id. 6. 3 Op. Att. Gen. 93, 104, 697; 10 id. 56. Pope r. Athearn, 42 Cal. 606; McDowell v. Morgan, 28 Ills. 528; Foley v. Harrison, 5 La. Ann. 75. SEC. 62. The Commissioner shall possess and exercise all the powers and authority and perform all the duties heretofore required by law to be performed by the recorder of land titles in Missouri. 18 Stat. 62. Hale v. Gaines et al., 22 How. 144; Rector et al. v. U. S., 2 Otto, 698; Scull v. U. S., 8 id. 410; U. S. v. Clamorgan, S. C., Oct. T., 1879, in manuscript. 1 Op. Att. Gen. 718. Prim v. Horen, 27 Mo. 205; O'Flaherty v. Kellogg, 59 id. 485. For acts prescribing duties of the recorder of land titles, see 2 Stat. 326, 353, 748, 812; 3 id. 86, 121, 329; 4 id. 52, 65, 566, 661; 19 id. 122. SEC. 63. It shall be the duty of the Commissioner to issue to issue patents. patents for public lands and private land claims in all cases where the issue thereof is authorized by law. Commissioner 2 Stat. 716; 5 id. 107; R. S. 453. Bell v. Hearne, 19 How. 252; Castro v. Hendricks, 23 id. 438; Polk's Lessee v. Wendal et al., ģ Cranch, 87; Heofnagle v. Anderson, 7 Wheat. 212; Patterson v. Winn, 11 id. 380; Stringer et al. v. Young's Lessee, 3 Pet. 320; U. S. v. Arredondo, 6 id. 691; Bagnell v. Broderick, 13 id. 436; Stoddard v. Chambers, 2 How. 284; Lander v. Brant, 10 id. 348; Minter v. Crommelin, 18 id. 87; Field v. Seabury, 19 id. 323; Garland v. Wynn, 20 id. 6; Hooper v. Scheimer, 23 id. 235; Greer v. Mezes, 24 id. 268; U. S. v. Covilland, 1 Black, 339; U. S. v. Grimes, 2 id. 610; U. S. v. Stone, 2 Wall. 525; Hogan v. Page, 2 id. 605; Beard v. Federy, 3 id. 478; Hughes v. U. S., 4 id. 232; U. S. v. Com., 5 id. 563; Richart v. Phelps, 6 id. 160; Stark v. Starr, 6 id. 402; Silver v. Ladd, 7 id. 29; Maguire v. Tyler, 8 id. 650; Secretary v. McGarrahan, 9 id. 298; Meador v. Norton, 11 id. 442 Johnson v. Towsley, 13 id. 72; Gibson v. Chouteau, 13 id. 92; Railway Co. v. Prescott, 16 id. 603; Henshaw v. Bissell, 18 id. 255; Langdeau v. Haines, 21 id. 521; Morton v. Nebraska, 21 id. 660; Miller v. Dale, 2 Otto, 473, Sherman v. Buick, 3 id. 209; McGarrahan v. Mining Co., 6 id. 316; Moore v. Robbins, 6 id. SEC. 64. In case of any claim to land in any State or Territory which has heretofore been confirmed by law, and in which no provision is made by the confirmatory 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 Land Office of plats of survey thereof, duly approved by the surveyor-general of Patents to issue fore confirmed. for claims hereto 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. 10 Stat. 599; R. S. 2447. Beard v. Federy, 3 Wall. 478; Maguire v. Tyler, 8 id. 650; Langdeau v. Hanes, 21 id. 521; Miller v. Ďale, 2 Otto, 473; U. S. v. Throckmorton, 8 id. 61; Snyder v. Sickles, 8 id. 203. 14 Op. Att. Gen. 624. Decisions Sec. Int., Feb. 21, 1872; Dec. 19, 1878; May 17, 1879. Decisions Com. G. L. O., Sept. 18, 1874; Sept. 19, 1876. Fee simple to SEC. 65. Where lands have been or may hereafter be pass in all grants granted by any law of Congress to any one of the several of land and Territories. States and Territories, and where such law does not convey the fee-simple title of the lands, or require patents to be issued therefor, the lists of such lands which have been or may hereafter be certified by the Commissioner of the General Land Office, under the seal of his office, either as originals or copies of the originals or records, shall be regarded as conveying the fee-simple of all the lands embraced in such lists that are of the character contemplated by such act of Congress and intended to be granted thereby; but where lands embraced in such lists are not of the character embraced by such acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby. Chief clerk. Recorder of General Land Of fice. 10 Stat. 346; 18 id. 475; R. S. 2449. Pope's Lessee v. Wendal, 9 Cranch, 87; same case, 5 Wheat, 293; Patterson v. Winn, 11 id. 380; Greenlief v. Birth, 6 Pet. 302; Lindsey v. Miller, 6 id. 666; Galloway v. Finley et al., 12 id. 264; Stoddard v. Chambers, 2 How. 284; Foxcraft v. Martel, 4 id. 353; Minter v. Crommelin, 18 id. 87; Easton v. Salisbury, 21 id. 426; U. S. v. Stone, 2 Wall. 525; U. S. v. Hughes, 4 id. 236; Maguire v. Tyler, 8 id. 653; Best v. Polk, 18 id. 112; Morton v. Nebraska 21 id. 660; Sherman v. Buick, 3 Otto, 209; Moore v. Robbins, 6 id. 533; Marquez v. Frisbie, S. C., Oct. T., 1879, in manuscript. Le Roy v. Clayton, 2 Saw. C. C. 493; Patterson v. Tatum, 3 id. 164; U. S. v. Railroad Co., 4 Dillon, C. C. 397. Hill v. Miller, 36 Mo. 182; Railroad Co. v. Moon, 37 id. 338; Same v. Smith, 40 id. 310; Shepley v. Cowan, 52 id. 559; Funkhouser v. Peck, 67 id. 20; McGill v. McGill, 4 La. 262; Huff v. Doyle, 50 Cal. 21; McLaughlin v. Perrill, 50 id. 65; Sutton v. Fassett, 51 id. 13; Rosecrans v. Douglass, 52 id. 213. Decisions Sec. Int., May 3, June 26, 1879; May 4, July 17, 21, 28, 1880. SEC. 66. There shall be in the General Land Office an inferior officer appointed by the Commissioner, to be employed therein as he shall deem proper, to be called the chief clerk. The chief clerk shall perform the duties of the Commissioner of the General Land Office in case of a vacancy in said office, or of the absence or sickness of the Commissioner. 2 Stat. 716; 11 id. 301; R. S. 448. SEC. 67. There shall be in the General Land Office an officer called the Recorder of the General Land Office, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of two thousand dollars a year. 5 Stat. 111, 163, 164; R. S. 447. SEC. 68. It shall be the duty of the Recorder of the Gen- Duties of reeral Land Office, in pursuance of instructions from the Com-corder. missioner, to certify and affix the seal of the office to all patents for public lands, and to attend to the correct engrossing, recording, and transmission of such patents. He shall prepare alphabetical indexes of the names of patentees and of persons entitled to patents; and he shall prepare such copies and exemplifications of matters on file or recorded in the General Land Office as the Commissioner may from time to time direct. Whenever the office of Recorder shall become vacant, or in case of his sickness or absence, the duties of his office shall be performed ad interim by the principal clerk on private land claims. 2 Stat. 717; 5 id. 111; R. S. 459. U. S. v. Arredondo, 6 Pet. 691; McGarrahan v. Mining Co., 6 Otto, 316. Le Roy v. Jamison, 3 Saw. C. C. 369. 3 Op. Att. Gen. 140, 168, 630. Galup v. Armstrong, 22 Cal. 480; Sands v. Davis, 40 Mich. 61. SEC. 69. All patents issuing from the General Land Office Issuing of pat ents for lands. shall be issued in the name of the United States, and be signed by the President and countersigned by the Recorder of the General Land Office; and shall be recorded in the office in books to be kept for the purpose. 2 Stat. 717; 5 id. 417; R. S. 458. Steeple v. Downing, 60 Ind. 478; Boyce v. Stambaugh, 34 Mich. 348; Lane v. Bommelmann, 17 Ills. 95; 3 Op. Att. Gen. 623. SEC. 70. There shall be in the General Land Office a Principal clerks of public lands principal clerk of the public lands and a principal clerk on and on private private land claims, who shall be appointed by the President, land claims. by and with the advice and consent of the Senate, and shall each be entitled to a salary of one thousand eight hundred dollars a year; and they shall perform such duties as may be assigned to them by the Commissioner of the General Land Office. 5 Stat. 109; R. S. 448. forbidden to pur SEC. 71. The officers, clerks, and employés in the General Officers, &c., Land Office are prohibited from directly or indirectly purchase public chasing or becoming interested in the purchase of any of lands. the public lands; and any person who violates this section shall forthwith be removed from his office. 2 Stat. 717; 5 id. 112; R. S. 452. President to sign SEC. 72. The President is authorized to appoint, from Secretary to the time to time, by and with the advice and consent of the land patents. Senate, a secretary, at a salary of one thousand five hundred dollars a year, whose duty it shall be, under the direc tion of the President, to sign in his name, and for him, all patents for land sold or granted under the authority of the United States. 5 Stat. 111; R. S. 450. Steeple v. Downing, 60 Ind. 478. 3 Op. Att. SEC. 73. If at any time the number of patents for lands Assistant 800sold or granted under the authority of the United States and patents. retary to sign |