Indemnity for swamp lands. monson v. Corn, 62 Ind. 17; Gratham v. Atkins, 62 Ills. 359; Smith ". Goodell, 66 id. 450; Compton v. Prince, 67 id. 281; Gaston v. Scott, 5 Oreg. 48. SEC. 24. Indemnity for swamp lands sold by the United States shall not be allowed until approved by the Secretary of the Interior. 10 Stat. 634, 635; R. S. 2482. Notice of com- SEC. 25. He shall notify the governors of the States of pleted surveys in Minnesota and Oregon when public land surveys have been completed and confirmed in said States. Minnesota and Oregon. Requisitions for Treasury. 12 Stat. 3; R. S. 2490. Gaston v. Scott, 5 Oreg. 48. Decisions Sec. Int., Oct. 13, 1876; Jan. 7, 1879; April 15, 1880. SEC. 26. He shall sign all requisitions for the advance or moneys upon payment of money out of the Treasury, on estimates or accounts approved or certified by the Commissioner of the General Land Office, subject to the control of the proper accounting officers of the Treasury. To prescribe 9 Stat. 395; R. S. 444. 1 Lester, 314. SEC. 27. He shall prescribe the duties of the Assistant duties of Assist-Secretary of the Interior, who shall act as the Secretary of the Interior in the absence of that officer. ant Secretary. Designation of mineral lands. 12 Stat. 369; R. S. 439. SEC. 28. Upon the survey of lands designated as mineral, agricultural from the Secretary of the Interior may designate and set apart such portions of the same as are clearly agricultural lands, which lands shall thereafter be subject to pre emption and sale as other public lands and be subject to all the laws and regu lations applicable to the same. 14 Stat. 253; R. S. 2342. Subdivision of SEC. 29. He shall prescribe regulations for the subdivision fractional sec- of fractional sections. tions. Designation of 3 Stat. 566; 4 id. 503; R. S. 2397. Gazzam v. Phillips' Lessee et al., 20 How. 372. 3 Op. Att. Gen. 281. Decision Com. G. L. O., May 17, 1875. SEC. 30. It shall be the duty of the Secretary of the Innewspaper to terior to designate one newspaper in each State or Terripublish procla mations for sale tory, where public lands are situated, for the publication of of lands. all Executive proclamations relating to the sale of public lands. 19 Stat. 221. Sea CHAPTER TWO. THE GENERAL LAND OFFICE. 31. Commissioner of the General Land Office. 32. Duties of the Commissioner. Sec. 53. Commissioner shall prescribe regulations for assignment and location of bounty-land warrants. 33. Commissioner to have custody of seal, 54. Commissioner shall cause bounty-land books, records, &c. 34. Commissioner to make plats and fur warrants to be located free of expense. nish information when required by 55. Commissioner shall prescribe regulathe President or Congress. 35. To audit and settle accounts relative to public lands. 36. Fees for exemplified copies of records and patents. 37. Entry of lands in States where there are no land offices. 38. tions for relocation of bounty-land warrants. 56. Commissioner, conjointly with Secretary of Interior and Attorney-General, shall adjudicate suspended en Commissioner to perform duties of 57. surveyor-general when surveying district is discontinued. 39. Appeals from decisions of district land officers and Commissioner in pre-emption contests. 40. Where pre-emptor after filing for land becomes register or receiver. 41. Commissioner has power to regulate 42. Commissioner to fix maximum price of tries. Commissioner may order certain lands into market without Presidential proclamation. 58. Commissioner may reissue patents on entries confirmed by board of equitable adjudication. 59. Commissioner shall prepare copies of records and papers for use in courts of justice. 60. Commissioner shall allow indemnity for swamp lands. 61. 62. 63. 44. Commissioner shall prescribe regulations for sale of town lots. 45. Commissioner shall approve all contracts for surveys. 64. 46. Commissioner's instructions deemed part of contract for surveying. 47. Commissioner shall fix the price of 48. Commissioner shall issue instructions 50, Commissioner may allow augmented 51. Commissioner shall prescribe regulations and terms for geodetic surveys in Oregon and California. 32. Commissioner may allow compensation by the day for surveys in Oregon and California. 65. Commissioner may make regulations for execution of public land laws. Commissioner to perform duties of recorder of laud titles for Missouri. Commissioner shall issue patents for public lands and private land claims. Commissioner to issue patents on claims heretofore confirmed. Fee-simple to pass in all grants of land to States and Territories where lands are of character granted. 66. Chief clerk General Land Office. 67. Recorder General Laud Office. 68. Duties of recorder. 69. Patents, how executed. Land Office. Commisaloner SEC. 31. There shall be in the Department of the Inte of the General rior a Commissioner 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 four thousand dollars a year. missioner. 2 Stat. 717; 5 id. 107; 17 ed. 508; R. S. 445. Duties of Com SEC. 32. The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior, all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such publie lands, and, also, such as relate to private claims of lands, and the issuing of patents for all grants of land under the authority of the Government. Custody of seal, 2 Stat. 716: 5 id. 107: 13 id. 62. 317: R. S. 43. Foley r. Harrison, 15 How. 433; Barnard's Heirs r. Ashley's Heirs, 18 id. 43; Bell . Hearne, 19 d. 954; Castro v. Hendricks, 23 id. 438; Maguire r. Tyler, 1 Black, 196; Harkness r. Underhill, 1 id. 316; U. 8. r. Commissioner, 5 Wall 563; Gaines v. Thompson, 7 id. 349; Sec'y r. McGarrahan. 9 d. 296; Johnson r. Towsley, 13 id. 72. 12 Op. Att. Gen. 250. Le Roy r. Clayton, 2 Saw. C. C. 493; Patterson r. Tatum. 3 id. 164; Le Roy r. Jamison, 3 id. 369. Lott r. Prudhomme, 3 Rob. (La.) 993; Bettis v. Amonett, 4 id. 364; Foley . Harrison, 5 id. 75; Gurdry r. Wood, 19 id. 234; Lamont r. Stinson, 3 Wis. 545; Fremont Co. r. R. R. Co, 22 Iowa, 91; Bellows r. Todd, 34 id. 18; Brill r. Stiles, 35 Ills. 305; Aldrich r. Aldrich, 37 id. 32; Lewis r. Lewis, 9 Mo. 153; Pope r. Athearn, 42 Cal. 606; Hosmer e. Wallace, 47 id. 461; Parker v. Duff, 47 id. 554; McGarrahan r. Mining Co., 49 id. 331; Hesters v. Brennan, 50 id. 211; Vance r. Kohlburg 50 id. 346; Weaver r. Fairchild, 50 id. 360; Fugy r. Hensley, 52 id. 299. SEC. 33. The Commissioner of the General Land Office books, records, shall retain the charge of the seal heretofore adopted for the office, which may continue to be used, and of the records, books, papers, and other property appertaining to the office. Plats of lands surveyed. Returns and accounts relative to ands. Fees for exem. patents, &c. 2 Stat. 717; R. S. 454. SEC. 34. The Commissioner of the General Land Office shall, when required by the President, or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of his office as shall be directed. 2 Stat. 717; R. S. 455. SEC. 35. All returns relative to the public lands shall be made to the Commissioner of the General Land Office; and he shall have power to audit and settle all public accounts relative to the public lands; and upon the settlement of any such accounts he shall certify the balance, and transmit the account with the vouchers and certificate to the First Comptroller of the Treasury, for his examination and decision thereon. 2 Stat. 717; R. S. 456. SEC. 36. All exemplifications of patents, or papers on file plifications of or of record in the General Land Office, which may be required by parties interested, shall be furnished by the Commissioner upon the payment by such parties at the rate of fifteen cents per hundred words, and two dollars for copies of township plats or diagrams, with an additional sum of one dollar for the Commissioner's certificate of verification with the General Land Office seal; and one of the employés of the office shall be designated by the Commissioner as the receiving clerk, and the amount so received shall, under the direction of the Commissioner, be paid into the Treasury; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish. 13 Stat. 375; R. S. 461. Lane v. Bommelmann, 17 Ills. 95; Lacy v. Davis, 4 Mich. 140; Gilman v. Ripela, 18 id. 145; Clark v. Hill, 19 id. 356; Boyd v. Stambaugh, 34 id. 348; Ansley v. Peterson, 30 Wis. 653; McLean v. Bovee, 35 id. 27; Kelly v. Wallace, 14 Minn. 336; Washburn v. Mendenhall, 21 id. 332; Barton v. Murrain, 27 Mo. 235; Railroad Co. v. Moore, 37 id. 338; Stephen v. Westwood, 25 Ala. 716; Smith v. Mosier, 5 Blackf. (Ind.) 51. Cir. G. L. O., July 20, 1875. in States where SEC. 37. That public lands situated in States in which Entry of lands there are no land offices may be entered at the General there are no land Land Office, subject to the provisions of law touching the offices. entry of public lands; and the necessary proofs and affidavits required in such cases may be made before some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record; and moneys received by the Commissioner of the General Land Office for lands entered by cash entry shall be covered into the Treasury. 19 Stat. 315; 20 id. 201. to perform duties SEC. 38. Upon the discontinuance of any surveying dis- Commissioner trict the authority, powers, and duties in relation to the sur- of surveyor-genvey, resurvey, or subdivision of lands therein and all mat- eral, &c. ters and things connected therewith, as previously exercised by the surveyor-general, shall be vested in and devolved upon the Commissioner of the General Land Office; and deputy surveyors or other agents under his direction shall have free access to any field-notes, maps, records, and other papers, turned over to the authorities of any State pursuant to law, for the purpose of making copies thereof, without charge of any kind. 10 Stat. 152; R. S. 2219, 2220. missioner's decis ion in contested SEC. 39. Appeals from the decision of district officers in Effect of Com cases of contest for the right of pre-emption shall be made to the Commissioner of the General Land Office, whose de-pre-emption cision shall be final, unless appeal therefrom be taken to the Secretary of the Interior. 5 Stat. 456; 11 id. 326; R. S. 2273. Barnard v. Ashley, 18 How. 43; Garland v. Wynn, 20 id. 6; Lytle v. Arkansas, 22 id. 193; Harkness et al. v. Underhill, 1 Black, 316; Lindsey v. Hawse, 2 id. 554; Minnesota v. Batchelder, 1 Wall. 109; Litchfield v. Register and Receiver, 9 id. 575; Johnson v. Towsley, 13 id. 72; Warren v. Van Brunt, 19 id. 646; Shepley et al. v. Cowan et al., 1 Otto, 330. 1 Op. Att. Gen. 201. Laughlin v. McGarvey, 50 Cal. 169. cases. SEC. 40. Where bona-fide settlers, under the homestead or Where claimant of entry becomes pre-emption laws, have, subsequent to the date of filing their register or applications to enter not exceeding one quarter-section ofceiver. го Power to regulate costs of sur tion in mineral cases. public lands, been appointed a register or receiver of the land office of the district in which the lands are located, proof and payment must be made to the satisfaction of the Commissioner of the General Land Office. 17 Stat. 10; R. S. 2287. 4 Op. Att. Gen. 223; 7 id. 647. SEC. 41. The Commissioner of the General Land Office vey and publica- shall have power to establish the maximum charges for surveys and the publication of notices under the mineral laws; and in case of excessive charges for publication he may designate any newspaper published in a land district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper. 17 Stat. 95; 19 id. 52; R. S. 2334. Commissioner to fix minimum SEC. 42. Whenever any reservation of public lands is price of reserva brought into market, the Commissioner of the General Land tion restored to 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. market. Correction of erroneous description in entries. Regulations for sale of town lots. Approval of surveying contracts. 13 Stat. 374; R. S. 2364. SEC. 43. In case of mistakes in description, the Commissioner is authorized, upon prescribed proof, to correct entries of public lands, where the same do not exceed one half-section, and where the certificate has not been assigned. 4 Stat. 31; R. S. 2372. Wilson v. Byns, 77 Ills. 76; Corwan v. Johnson, 29 Mo. 84; State v. Commissioner, 17 Wis. 248. SEC. 44. He shall prescribe regulations for the conduct of sales of town lots at public sale and by private entry. 12 Stat. 754; R. S. 2381. Leech v. Ranch, 3 Minn. 448. SEC. 45. The Commissioner shall approve all contracts for the survey of the public lands. 12 Stat. 409; R. S. 2398. Maguire v. Tyler, 1 Black, 201; Parke v. Ross, 11 How. 362; McKee v. U. S., I N. & H. 336. Commissioner's SEC. 46. The instructions issued by the Commissioner of instructions the General Land Office not in conflict with law shall be deemed part of contract for sur- deemed part of every contract for surveying the public lands. veying. Price of sur- 12 Stat. 409; R. S. 2399. SEC. 47. Subject to the statutory maximum, he shall fix veys, how fixed. the price per mile for public surveys, and he shall instruct costs of survey: the surveyor-general as to the mode of keeping accounts ing private land and making reports of the cost of surveying and platting private land claims. claims. Instructions for 12 Stat. 409; 18 id. 384; R. S. 2400. SEC. 48. He shall instruct the surveyor-general as to the surveys upon de- survey of any townships upon the deposit by settlers of the cost thereof. posit. Augmented of lands covered 12 Stat. 410; R. S. 2401. Cir. G. L. O., March 5, 1880. SEC. 49. The Commissioner of the General Land Office rates for surveys may authorize, in his discretion, public lands in Oregon, with forests, &c., densely covered with forests or thick undergrowth, to be surveyed at augmented rates, not exceeding eighteen dollars per mile for standard parallels, fifteen dollars for townships, and twelve dollars for section lines. in Oregon. 16 Stat. 304, 305; R. S. 2404. Decision Sec. Int., June 16, 1879. |