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CHAPTER SEVENTEEN.

REPAYMENTS OF PURCHASE MONEY.

| Sec.

вес. 429. Purchase money refunded where sale 432. Purchase money, fees, and commis. cannot be confirmed.

sions on erroneous entries, or where 430. Refunding in certain cases, how done.

sales cannot be confirmed. 431. Repayments on void soldiers' addi- 433. Regulations for repayments. Wartional homestead locations.

rants on Treasury for same. Purchase money SEC. 429. The Secretary of the Interior is authorized, upon refunded where sale cannot be po

here proof being made, to his satisfaction, that any tract of land confirmed. has been erroneously sold by the United States, so that from

any cause the sale cannot be confirmed, to repay to the pur-
chaser, or to his legal representatives or assignees, the sum
of money which was paid therefor, out of any money in the
Treasury not otherwise appropriated.
4 Stat. 80; 11 id. 387; R. S. 2362. 2 Op. Att. Gen. 186; 3 id. 92,

240; 4 id. 277. Decisions Sec. Int., Aug. 17, 1649; Feb. 26, 1852
(1 Lester's L L. 673); March 8, 1852 (1 id. 671); July 24, 1852 (I id.
672); Dec. 19, 1853 (iid. 673); Nov, 21, 1857 (1'id.675); Jan. 18, 1859
(1 id. 676); March 25, 1859 (id. 677); June 25, 1859 (1 id. 677); Aug.
9, 1859 (1 id. 675); July 23, 1864; Dec. 27, 1870, Dec. 19, 1873 ;
March 3, 1874; Feb. 8, 1878; April 15, 1878; June 3, 1878; Ang
5, 1878; Aug. 12, 1878; Aug. 15, 1878 (5 Copp's L. 0. 127) Sept.
5, 1878; Sept. 23, 1878; Nov. 20, 1878; May 7, 1879; May 25, 1879;
June 26, 1879 (6'Copp's L. 0. 96); July 1, 1879 (6 id. 96); Jals
29, 1879 (6 id. 95); Jan. 8, 1880 (6 id. 192); Feb. 11, 1880 (7 id.8).
Décisions Sec. Treas., March 11, 1831 (2 Laws, Instructions, and
Opinions, 440); April 17, 1832 (2 id. 460); April 20, 1877 (4 Copp's
L. 0. 110). Decisions Com. G. L. O., Aug. 31, 1830 (2 Laws, In-
structions, and Opinions, 432); Dec. 20, 1858 (1 Lester's L. L. 675):
July 18, 1871; Sept. 20, 1872; April 12, 1875; Jan. 27, 1876 (2
Copp's L. O, 180); June 7, 1879; Sept. 12, 1879. Cir. G. L. O.,
Aug. 31, 1830 (1 Lester's L. L. 667); Sept. 12, 1843 (1 id. 669); Jan.
12, 1854 (1 id. 070); Aug. 7, 1878 (5 Copp's L. O. 110); June 27, 1879;

Aug. 6, 1880 (7 Copp's L. 0. 90). Refunding in SEC. 430. Where any tract of land has been erroneously certain cases, how

sold, as described in the preceding section, and the money done.

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.

11 Stat. 388; R. S. 2363. Repayments on SEC. 431. In all cases where it shall be made to appear void soldiers' ad.

di to the satisfaction of the Secretary of the Interior, upon due ditional home.

proof, that innocent parties have paid the fees and commis. sions and excess payments required upon the location of soldiers' additional homestead claims, located under section two hundred and thirty-seven, which claims were found to be fraudulent and void after location and the entries or locations made thereon canceled, the Secretary of the Inte

stead locations.

ees, and com issions on er.

where sales can

rior 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.

21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90). SEC. 432. In all cases where homestead or timber-culture Parchase monor desert-land entries or other entries of public lands have heretofore or shall hereafter be canceled for conflict, or roneous entriesor where, from any cause, the entry has been erroneously al- not be confirmed. lowed and cannot be confirmed, the Secretary of the Interior shall cause to be repaid, out of any money in the Treasury not otherwise appropriated, to the person who made such entry, 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 claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office; and in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a rail. road 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.

21 Stat. 287. Cir. G. L. O., Aug. 6, 1880(7 Copp's L. 0.90). SEC. 433. The Commissioner of the General' Land Office Rogulations for shall make all necessary rules, and issue all necessary into structions, to carry into effect the foregoing sections relating Treasury for to repayments, and the Secretary of the Interior shall draw his warrant on the Treasury for the repayment of all purchase money, fees, commissions and excesses, and the same shall be paid without regard to the date of the cancellation of the entries.

21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90).

ropaymenti: warrants 02

samo.

CHAPTER EIGHTEEN.

RESERVATIONS.

Soo.

| Sec. 434. Reservations in Florida, how sold. 437. Reservations, how surveyed. 435. Sale of military sites under general 438. Sale of buildings belonging to United laws prohibited; proviso as to

States.
Florida.

439. Sale of lands with buildings. 436. Minimum price, how fised, when res

ervations are sold.

Proviso

ited.

Reservations in SEC. 434. All public lands heretofore reserved for mili. Florida, how sold. tary purposes in the State of Florida, which, in the opinion

of the Secretary of War, are no longer useful or desired for such purposes, or so much thereof as said Secretary may designate, shall be placed under the control of the General Land Office, and be disposed of and sold in the same man. ner and under the same regulations as other public lands of the United States: Provided, That said lands shall not be so placed under the control of the General Land Office until the opinion of the Secretary of War, giving his consent, is communicated to the Secretary of the Interior in writing and filed and recorded.

11 Stat. 87. Sale of military SEC. 435. Military sites which are or may become useless sites under general laws prohib. for military purposes shall not be subject to sale or pre emp

tion under any of the laws of the United States: Provided, Proviso as to That this section shall not apply to military sites in the Florida.

State of Florida, the sale of which is authorized by the preceding section.

11 Stat. 336. Minimum price, SEC. 436. Whenever any reservation of public lands is how fixed, when reservationssola. brought into market, the Commissioner of the General Land

Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of.

13 Stat. 374; R. S. 2364. Reservations, SEC. 437. Whenever it becomes necessary to survey any

Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed.

· 13 Stat. 41; R. S. 2115. Sale of build. SEC. 438. The Secretary of the Interior is authorized to Ings belonging to the United States, cause all such buildings belonging to the United States, as

have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other persons emplosed amongst the Indians, to be sold whenever the larida

how surveyed.

on which the same are erected have become the property of the United States, and are no longer necessary for such pur. poses.

5 Stat. 611; R. S. 2122. SEC. 439. The Secretary of the Interior is authorized to Sale of lande

with balldings. cause to be sold, at his discretion, with each of such build." ings as are mentioned in the preceding section, a quantity of land not exceeding one section; and on the payment of the consideration agreed for into the Treasury of the United States by the purchaser, the Secretary shall make, execute, and deliver to the purchaser a title in fee-simple for such lands and tenements.

5 Stat. 611; R. S. 2123. NOTE.-For laws reserving timber lands for naval purposes, see Timber and Timber Culture, chapter ix.

For acts reserving lands for public parks and for other purposes, 800 "Local and Temporary Laws" relating to the States and Territories in which such reservations are located.

For authority of President to make reservations for public purposes, see Wilcox v. Jackson, 13 Pet. 498; U.S. v. Fitzgerald, 15 id. 407; U.8. r. Chicago, 7 How. 185; U. S. v. Stone, 2 Wall. 525; Wolcott v. Dos Moines Co., 5 id. 691; Grisar v. McDowell, 6 id. 363.

CHAPTER NINETEEN.

EASEMENTS.

Soa,

Sec. 440. Navigable rivers public highways. 450. Private lands and possessory claims, Streams not navigable, banks of.

how condemned. 441. Right of way for highways over pub- 451. Profile of road claiming benefits, lio lands.

when to be filed. Disposal of lands 449. If lands granted for right of way are

subject to right of way. Forfeiture not used, &c., to revert to the Gov.

of right. ernment.

452. Application of this act. 443. Mineral locators' rights of possession 453. Right to alter, amend, &c. and enjoyment.

454. Use of public domain by telegraph 444. Right of way in intersecting veins in company. mines.

455. Use of materials from public lands. 445. What conditions of sale may be made 456. These rights not transferable. by local legislature.

457. Government to have priority in trans446. Vested rights to use of water for min

mission of messages. ing, &c.; right of way for canals. | 458. Government entitled to purchase 447. Patents, pre-emptions, and home

lines. steads subject to vested and ac- 459. Acceptance of obligations to be filed. crued water-rights.

460. Penalty for refusal to transmit dis448. Right of way, materials, station

patches. grounds, &c., granted to railroads. 461. Timber lands to be patented subject 449. Rights of several railroads through

to accrued right of way and watercañon, pass, or defile. Crossing at

rights. grade. Wagon roads, rights of. Navigable riv. SEC. 440. All navigable rivers, within the territory occuways. org public high-pied by the public lands, shall remain and be deemed public

amo not highways; and, in all cases where the opposite banks of any navigable, banks streams not navigable belong to different persons, the stream

and the bed thereof shall become common to both.

1 Stat. 468; 2 id. 235 ; R. S. 2476. Right of way SEC. 441. The right of way for the construction of highfor bighways. ovor public lands. ways over public lands, not reserved for public uses, is

hereby granted.

14 Stat. 253; R. S. 2477. Railway Co. v. Gordon, S. C. Mich., Oct.

T. 1879 (7 Copp's L. O. 158). Il lands grant- SEC. 442. If any rail or plank road or macadamized turn.

voro no med pike company to whom the right of way or sites for water&c., to revert to ing places, depots and work-shops over and through the tho Government

public lands of the United States was granted by the act of Congress approved August fourth, eighteen hundred and fifty-two, and by the acts amendatory thereto, shall at any time after its completion be discontinued or abandoned by said company or companies, the grants made by said acts shall cease and determine, and the lands shall revert back to the United States.

10.Stat. 28, 29, 683; 12 id. 577. Decision Com. G. L. O., July 16, 1657. Mineral locat- SEC. 443. The locators of all mining locations heretofore ors' rights of pos. made or which shall hereafter be made, on any mineral.vein, version and en. Joymont. lode, or ledge, situated on the public domain, their heirs and

assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they

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