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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 r.
Davis, 4 Mich. 140; Gilman v. Ripela, 18 id. 145; Clark v. Hill,
July 20, 1875. 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. SEC. 38. Upon the discontinuance of any surveying dis. Commissioner
to perform duties trict the authority, powers, and duties in relation to the sur
of surveyor-gen. vey, 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. 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
ion in contested 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; Hark-
Att. Gen. 201. Laughlin v. McGarvey, 50 Cal. 169.
of entry becomes pre-emption laws, have, subsequent to the date of filing their register or no applications to enter not exceeding one quarter-section of ceiver.
re late costs of sur
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. Power to regu.
SEC. 41. The Commissioner of the General Land Office vey and publica- shall have power to establish the maximum charges for surtion in mineral
veys and the publication of notices under the mineral laws; and in case of excessive charges for publication he may des. ignate 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 SEC. 42. Whenever any reservation of public lands is to fix minimum 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.
13 Stat. 374; R. S. 2364. Correction of SEC. 43. In case of mistakes in description, the Commiserroneous desioner is authorized, upon prescribed proof, to correct entries scription in tries.
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. John
son, 29 Mo. 84; State v. Commissioner, 17 Wis. 248. Regulations for SEC. 44. He shall prescribe regulations for the conduct of sale of town lots. sales of town lots at public sale and by private entry.
12 Stat. 754; R. S. 2381. Leech v. Ranch, 3 Minn. 448. Approval of SEC. 45. The Commissioner shall approve all contracts for surveying con- 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., 1 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.
12 Stat. 409; R. S. 2399.
SEC. 47. Subject to the statutory maximum, he shall fix vers, how fixed, the price per mile for public surveys, and he shall instruct
the surveyor-general as to the mode of keeping accounts in privato land and making reports of the cost of surveying and platting
private land claims.
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 posit.
12 Stat. 410; R. S. 2401. Cir. G. L. O., March 5, 1880. Augmented
SEC. 49. The Commissioner of the General Land Office rates for surveys may authorize, in his discretion, public lands in Oregon,
covered with forests, &c., densely covered with forests or thick undergrowth, to be in Oregon. surveyed at augmented rates, not exceeding eighteen dol
lars per mile for standard parallels, fifteen dollars for town. ships, and twelve dollars for section lines.
16 Stat. 304, 305 ; R. S. 2404. Decision Sec. Int., June 16, 1879.
Price of sur
of costs of survey.
gon and Califor. nia.
SEC. 50. The Commissioner of the General Land Office, Ibid. for Caliin his discretion, may hereafter authorize public lands in fornia and Wash
. California and in Washington Territory, densely covered with forests or thick undergrowth, to be surveyed at augmented 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.
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 1. 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. SEC. 54. Pursuant to regulations to be prescribed by the Commissioner 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-land warrants erroneously located by actual settlers.
10 Stat. 256; R. S. 2446. SEC. 56. Conjointly with the Secretary of the Interior Equitable adju. and the Attorney-General, he shall prescribe regulations for dicafion of sus
entries 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. 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 prozlamation. 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 en- Reissue of pattries confirmed by the board for equitable adjudication,
to locate land warrants.
relocation of land warrants.
when such entries had been previously patented and the patents surrendered for cancellation.
10 Stat. 258 ; R. S. 2456. Copies of rec
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.
5 Stat. 111; 13 id. 375; R. S. 461,891, 2469, 2470. Galt v. Galloway,
4 Pet. 331. Indemnity for
SEC. 60. With the approval of the Secretary of the Inswamp lands. terior, the Commissioner may, upon satisfactory proof, al
low 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, 6:35; 11 id. 251; R. S. 2482. 11 Op. Att. Gen. 467;
id. July 25, 1871, 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. Power of Com.
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.
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 v. Athearn, 42 Cal. 606; McDowell v. Morgan, 28 Ills. 528; Foley v. Harrison,
5 La. Ann. 75. Commissioner SEC. 62. The Commissioner shall possess and exercise all to perform duties of recorder of land
the powers and authority and perform all the duties heretitles. tofore 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.,
353, 748, 812 ; 3 id. 86, 121, 329 ; 4 id. 52, 65, 566, 661; 19 id. 122. Commissioner 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.
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., Cranch, 87; Hoofnagle 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, 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, id. 160 ; Stark v. Starr, 6 id. 402; Silver 1. 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. 530; Wirth v. Branson, 8 id. 118; Snyder v. Sickles, 8 id. 203 ; Cowell v. Colo. Springs Co., 10 id. 55; Simmons v. Wagner, S. C., Oct. T., 1879, in manuscript. Lewis v. Baird, 3 McLean, C. C. 56; Nelson v. Moon, 3 id. 319; Shedds v. Sawyer, 4 id. 181 ; Huidekoper v. Burrows, 1 Wash. C. C. 109; Mill and Mining Co. v. Dangbery, 1 Saw. C. C. 450 ; Le Roy v. Clayton, 2 id. 493; Dodge v. Perry, 2 id. 645; Le Roy v. Jamison, 3 id. 369; Patterson v. Tatum, 3 id. 164; Wyth v. Haskell, 3 id. 574; Hardy v. Harbin, 4 id. 536; Mackey v. Eaton, 2 Dillon, C. C. 41; U. S. v. Railway Co., 4 id. 397 ; Seabury v. Field, 1 McAllister, C. C. 60; Mezes v. Goeler, 1 id. 401; Chapman v. School Dist., 1 Deady, C. C. 108; Lamb v. Storr, 1 id. 447. 1 Op. Att. Gen. 44, 45, 159, 458, 718; 2 id. 15, 41, 186, 501 ; 3 id. 93, 240, 351, 623, 653; 4 id. 120, 149, 150, 310, 329; 5' id. 7, 628; 7 id. 491, 636, 681; 9 id. 108; 12 id. 250; 13 id. 456 ; 14 id. 601, 624. Stewart v. Parish, 6 Ohio, 477'; Smith v. Stork, 7 id. 551; Sulivant v. Weaver, 10 id. 275; Trimble v. Boothly, 14 id. 109; Miliker v. Starling, 16 id. 61; Jackson v. Williams, 18 id. 69; Subblefield v. Boggs, 2 Ohio St. 216; Wood v. Ferguson, 7 id. 288; Strong v. Lehman, 10 id. 93; Mathews v. Rector, 24 id. 439; Buckner v. Walcott, 1 Doug. (Mich.) 19; Stockton ». Williams, 1 id. 546; Clark v. Hall, 19 Mich. 356; Johnson v. Ballou, 28 id. 379; Sands v. Davis, 40 id. 14; Jackson v. Astor, 1 Pinney (Wis.) 137 ; Parkerson v. Brocker, 1 id. 174; Lamont v. Stimson, 3 Wis. 45; Dillinghåm v. Fisher, 5 id. 475; Schnee v. Schnee, 23 id. 377; Aumont v. Green Bay & Miss. Co., 31 id. 317; Easton v. Lyman, 33 id. 34; Arnold v. Grimes, 2 Green (Iowa), 77; Cavender v. Smith, 3 'id. 349; Arnold v. Grimes, 2 Iowa, 13; Cavender v. Smith's Heirs, 5 id. 157; Fisher v. Warner, 34' id. 447; Brison v. Cury, 35 id. 72; Waters v. Bush, 42 id. 255; Rankin v. Miller, 43 id. 11; Steeple v. Downing, 60 Ind. 478; Doe v. Hill, Breese (Ills.) 236; Moore v. Hunter, 6 Ills. 317; Ballance v. McFarden, 12 id. 317 ; Gray v. McFadden, 12 id. 3:24; Rankin v. Curtemus, 12 id. 334 ; Gratham v. Atkins, 63 id. 359; Vansickle v. Haines, 7 Nev. 249 ; Smith v. Pipe, 3 Colo. 187 ; Starr v. Stark, 2 Oreg. 118; White v. Allen, 3 id. 103; Gold Hill Co. v. Ish, 5 id. 104 ; Moore v. Wilkinson, 13 Cal. 478; Yount v. Howell, 14 id. 465; Mott v. Smith, 16 id. 534; Galup v. Armstrong, 22 id. 480; Kimball v. Semple, 26 id. 441; Keeran v. Griffith, 34 id. 580; Durfee v. Plaisted, 38 id. 80; Frisbee v. Morgues, 39 id. 451; Collins v. Bartlett, 44 id. 371 ; Canfield v. Thompson, 49 id. 210; McGarrahan v. Mining Co., 49 id. 331; Vance v. Kohlburg, 50 id. 346 ; Miller v. Ellis, 51 id. 73; Houghton v. Hardenburg, 53 id. 181; Cruz v. Martinez, 53 id. 239; Sarpy_v. Papin, 7 Mo. 503; Barry v. Gamble, 6 id. 88; Allison v. Hunter, 9'id. 749; Cowman v. Johnson, 20 id. 108; Thomas v. Wyatt, 31 id. 188; Hill v. Miller, 36 id. 182; Gibson v. Chouteau, 39 id. 536; Maguire v. Tyler, 40 id. 406; Calloway v. Trash, 50 id. 420; Gaines and Rector v. Hale, 26 Ark. 168; Lott v. Prudhomme, 3 Rob. (La.) 293; Jenkins v. Gibson, 3 La. 203; McGill v. McGill, 4 id. 262; Foley v. Harrison, 5 id. 75; Pepper v. Dunlap, 9 id. 137 ; Bell v. Hearne, 10 id. 515; Cage v. Danks, 13 id. 128;, Stemspring y. Bennett, 16 id. 201; Masters v. Eastis, 3 Port. (Ála.) 368; Goodlet v. Smithson, 5 id. 245; Jones v. Inge, 5 id. 327 ; Bullock t. Wilson, 5 id. 338; Innerarity v. Mims, 1 Ala. 660; Pollard v. Files, 3 id. 47; Hines v. Greenlee, 3 id. 73; Crommelin v. Minter, 9 id. 594; Etheridge v. Doe, 18 id. 565. Decision Sec. Int., Sept.
6, 1870. Decision Com. G. L. O., March 21, 1879. SEC. 64. In case of any claim to land in any State or Ter-Patents to issue
for claims ritory which has heretofore been confirmed by law, and in fore confirmed. 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