« PreviousContinue »
Power to dig.
SEC. 4. The bonds of surveyors-general shall be executed take bonds from and delivered to the Secretary of the Interior.
3 Stat. 697; R. S. 2215. U. S. v. Tingey, 5 Pet. 115; U. S. v. Ste
phenson, 1 McLean, C. C. 462; Farrar v. U. S., 5 Pet. 373. Shall completo SEC. 5. He shall take the necessary measures for the compublic land sur
pletion of the public-land surveys.
5 Stat. 384; 19 id. 121; R. S. 2218.
district continue land of- wherein the public lands are reduced to less than one hun
dred thousand acres, and shall give notice at what convenient existing land office such residue shall be subject to sale.
5 Stat. 455; R. S. 2249; Mathews v. Zane's Lessee, 5 Cranch, 95 ;
same case, 7 Wheat. 164. Allowances to SEC. 7. He shall make a reasonable allowance for office
rent for consolidated land offices, and may approve the employment of clerks by the register.
12 Stat. 131; R. S. 2255. Repayment of SEC. 8. He is authorized to repay the purchase money, purchase money. fees, commissions, and excess payments in cases where the
lands have been erroneously sold and the title cannot be confirmed.
4 Stat. 80; 11 id. 387; act June 16, 1880; R. S. 2362. 4 Op. Att. Gen.
277. Decisions Sec. Int., Aug. 17, 1849; July 23, 1864; April 15, 1878; Aug. 5, 1878; May 7, 1879; Nov. 20, 1878; July 1, 1879;
July 29, 1879; Aug. 12, 1878; Jan. 8, 1880.
SEC. 9. He is authorized to permit innocent parties who thority under treaty of 1854. purchased and located claims arising under the treaty of
September thirty, eighteen hundred and fifty-four, to perfect their entries with cash or military bounty-land warrants.
17 Stat. 340; R. S. 2368. Decisions Sec. Int., July 6, 1876; July 19,
1879; May 6, 1880. Correction of SEC. 10. He is authorized to allow erroneous entries of erroneous entries.
lands sold at private sale and warrant locations to be corrected ; and this authority extends to patented cases upon surrender of the patent with satisfactory relinquishment of title indorsed thereon.
3 Stat. 526 : 4 id. 301; 10 id. 257; R. S. 2369, 2370, 2371. Appraisement SEC. 11. When, in the opinion of the President, the puband sale of town. site reservations.
lic interests require it, he shall cause town-site reservations to be surveyed into lóts; shall fix their cash value by ap praisement of disinterested persons; and, after offering same at public entry to the highest bidder, shall prescribe regulations for sale of the residue at private entry at not less than the appraised values. All such sales shall be conducted by the register and receiver of the proper land district.
12 Stat. 754; R. S. 2381. U. S. v. Hare, 4 Saw. C. C. 653. Authority to SEC. 12. He may cause a survey and plat to be made of survey and plata city or town. a city or town, if within twelve months from its establish
ment on the public domain the parties interested do not file in the General Land Office the showing required by law; and thereafter the minimum price of lots included therein shall be increased fifty per centum.
13 Stat. 344; R. S. 2384. 1 . 0
on lost land war
SEC. 13. He may vary the subdivisional surveys in the Authority to
subdivis. State of Nevada from a rectangular form to suit the circum- any
ional surveys in stances of the country.
Nevada. 14 Stat. 86; R. S. 2408. Heydenfeldt v. Mining Co., 3 Otto, 634. SEC. 14. He may authorize the geodetic method of survey in Oregon and California.
veys in Oregon 9 Stat. 496; 10 id. 245; R. S. 2409. SEC. 15. He may direct a departure from the rectangular Departure from mode of survey in the State of California.
rectangular sur10 Stat. 245; R. S. 2410. SEC. 16. He may direct compensation by the day for sur. Pay for surveys veys in Oregon and California.
by day in Oregon
and California. 10 Stat. 247; R. S. 2411,
SEC. 17. He may prescribe regulations for the location Location of and patenting, free of expense, of any military bounty-land warrants five of warrant transmitted for that purpose to the General Land Office.
9 Stat. 521; R. S. 2437. Decision Sec. Int., March 1, 1876. SEC. 18. He may authorize issue of patents in cases of Patents to issue lost military bounty-land warrants.
rants. 3 Stat. 317; R. S. 2439. SEC. 19. He shall cause new bounty-land warrants to be May issue new issued in lieu of lost or destroyed warrants, and shall pre- land warrantiesin. scribe regulations for the prevention of frauds.
12 Stat. 90; 18 id. 111; R. S. 2441, 2442. SEC. 20. He shall issue patents to the heirs of persons en- Patents to heirs titled to bounty lands.
5 Stat. 650; R. S. 2443. SEC. 21. Conjointly with the Attorney-General and the Board of adjaCommissioner of the General Land Office, he shall pre
dication. scribe regulations for the equitable decision of suspended entries of public lands and of suspended pre-emption claims, and adjudicate in what cases patents shall issue upon the same.
9 Stat. 51; 10 id. 258; 11 id. 22; 18 id. 50; 19 id. 244; R. S. 2450,
2451. SEC. 22. He shall have exclusive control of the Yellow- Yellowstone stone Park, with authority to lease portions thereof.
Park. 17 Stat. 33; R. S. 2475. SEC. 23. He shall make accurate lists and plats of the Swamp, and swamp and overflowed lands granted to the several States overflowed lands. and transmit same to the governors thereof; and at the request of the governor of any State in which such lands are situate, he shall cause patents to be issued conveying to said State the fee-simple of said lands. 9 Stat. 519; R. S. 2479, 2480. Railroad Co. v. Smith, 9 Wall. 95
French v. Fyan, 3 Otto, 169; Martin v. Marks, 7 id. 345.
Notice of com
monson v. Corn, 62 Ind. 17; Gratham v. Atkins, 62 Ils. 359; Smith v. Goodell, 66 id. 450 ; Compton v. Prince, 61 id. 281; Gas
ton v. Scott, 5 Oreg. 48. Indemnity for SEC. 24. Indemnity for swamp lands sold by the United swamp lands.
States shall not be allowed until approved by the Secretary of the Interior.
10 Stat. 634, 635; R. S. 2482.
SEC. 25. He shall notify the governors of the States of Pleted surveys in Minnesota and Oregon when public land surveys have Oregon. been completed and confirmed in said States.
12 Stat. 3; R. S. 2490. Gaston v. Scott, 5 Oreg. 48. Decisions
Sec. Int., Oct. 13, 1876; Jan. 7, 1879; April 15, 1880. Requisitions for SEC. 26. He shall sign all requisitions for the advance or monoys upon payment of money out of the Treasury, on estimates or Treasury.
accounts approved or certified by the Commissioner of the General Land Office, subject to the control of the proper accounting officers of the Treasury.
9 Stat. 395; R. S. 444. 1 Lester, 314. To prescribe SEC. 27. He shall prescribe the duties of the Assistant duties of Assist- Secretary of the Interior, who shall act as the Secretary of ant Secretary
the Interior in the absence of that officer.
12 Stat. 369; R. S. 439. Designation of SEC. 28. Upon the survey of lands designated as mineral, agricultural from mineral lands.
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 regulations 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.
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. Designation of SEC. 30. It shall be the duty of the Secretary of the Ino wspaper to terior to designate one newspaper in each State or Terrimations 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.
THE GENERAL LAND OFFICE.
Sec. 31. Commissioner of the General Land 53. Commissioner shall prescribe regulaOffice.
tions for assignment and location of 32. Duties of the Commissioner.
bounty-land warrants. 33. Commissioner to have custody of seal, 54. Commissioner shall cause bounty-land books, records, &c.
warrants to be located free of ex34. Commissioner to make plats and fur
pense. nish information when required by 55. Commissioner shall prescribe regulathe President or Congress.
tions for relocation of bounty-land. 35. To audit and settle accounts relative
warrants. to public lands.
56. Commissioner, conjointly with Secre36. Fees for exemplified copies of records
tary of Interior and Attorney-Genand patents.
eral, shall adjudicate suspended en37. Entry of lands in States where there
tries. are no land offices. 38. Commissioner to perform duties of
57. Commissioner may order certain lands
into market without Presidential surveyor-general when surveying district is discontinued.
58. Commissioner may reissue patents on 39. Appeals from decisions of district land officers and Commissioner in
entries confirmed by board of equi
table adjudication. pre-emption contests. 40. Where pre-emptor after filing for land 59. Commissioner shall prepare copies of becomes register or receiver.
records and papers for use in courts 41. Commissioner has power to regulate
of justice. costs of survey and publications in
60. Commissioner shall allow indemnity mineral cases.
for swamp lands. 42. Commissioner to fix maximum price of 61. Commissioner may make regulations reservations restored to market.
for execution of public land laws. 43. Commissioner authorized to allow er- 62. Commissioner to perform duties of reroneous description in entries to be
corder of land titles for Missouri. corrected.
63. Commissioner shall issue patents for 44. Commissioner shall prescribe regula- public lands and private land tions for sale of town lots.
claims. 45. Commissioner shall approve all con- 64. Commissioner to issue patents on tracts for surveys.
claims heretofore confirmed. 46. Commissioner's instructions deemed
65. Fee-simple to pass in all grants of land part of contract for surveying.
to States and Territories where 47. Commissioner shall fix the price of lands are of character granted. public surveys and instruct survey
66. Chief clerk General Land Office. ors-general how to keep accounts
67. Recorder General Laud Office. of costs of surveys of private land
68. Duties of recorder. claims. 48. Commissioner shall issue instructions 70. Principal clerks of public lands and
69. Patents, how executed. for surveys under deposit system. 49. Commissioner may allow augmented
private land claims. rates for surveys of forests, &c., in 71. Officers, clerks, and employés of Gen
eral Land Office not to be interested Oregon. 50. Commissioner may allow augmented 72. Secretary to the President to sign land
in purchase of public lands.
73. Assistant Secretary to sign land pat51. Commissioner shall prescribe regula
ents. tions and terms for geodetic surveys
74. Warrants for military lands to be rein Oregon and California.
corded, &c. 52. Commissioner may allow compensa
75. Authentication of papers filed in the tion by the day for surveys in Ore- Department of the Interior. gon and California.
76. Principal clerk of surveys.
Commissioner 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.
2 Stat. 717 ; 5 id. 107; 17 id. 508; R. S. 446. Duties of Com- SEC. 32. The Commissioner of the General Land Office missioner.
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 public 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.
2 Stat. 716; 5 id. 107; 18 id. 62, 317; R. S. 43. Foley v. Har
rison, 15 How. 433; Barnard's Heirs v. Ashley's Heirs, 18 id. 43; Bell v. Hearne, 19 id. 252; Castro v. Hendricks, 23 id. 438; Maguire v. Tyler, 1 Black, 195; Harkness v. Underhill, 1 id. 316; U. $. v. Commissioner, 5 Wall. 563; Gaines v. Thompson, 7 id. 349; Sec'y v. McGarrahan, 9 id. 298; Johnson v. Towsley, 13 id. 72. 12 Op. Att. Gen. 250. Le Roy v. Clayton, 2 Saw. C. C. 493 ; Patterson v. Tatum, 3 id. 164; Le Roy v. Jamison, 3 id. 369. Lott v. Prudhomme, 3 Rob. (La.) 293; Bettis v. Amonett, 4 id. 364; Foley v. Harrison, 5 id. 75; Gurdry v. Wood, 19 id. 234; Lamont v. Stinson, 3 Wis. 545; Fremont Co. v. R. R. Co., 22 Iowa, 91; Bellows v. Todd, 34 id. 18; Brill v. Stiles, 35 Ills. 305; Aldrich v. Aldrich, 37 id. 32; Lewis v. Lewis, 9 Mo. 183; Pope v. Athearn, 42 Cal. 606; Hosmer v. Wallace, 47 id. 461; Parker v. Duff, 47 id. 554; McGarrahan v. Mining Co., 49 id. 331 ; Hesters v. Brennan, 50 id. 211; Vance v. Kohlburg 50 id. 346; Weaver v. Fair
50 id. 360; Fugy Hensley, 52 id. 299. Custody of seal,
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.
2 Stat. 717 ; R. S. 454. Plats of lands SEC. 34. The Commissioner of the General Land Office surveyed.
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. Returns and ac- SEC. 35. All returns relative to the public lands shall be counts relative to 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. Fees for exem SEC. 36. All exemplifications of patents, or papers on file plifications of or of record in the Ĝeneral Land Office, which may be re
quired 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