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STATE OF County of ....
being duly sworn, depose and say that I am ..... (designation of office) authorized by the State of to make desert-land selections under the act of Congress approved August 18, 1894 (28 Stat., 372–422), the act of June 11, 1896 (29 Stat., 434), and the act of March 3, 1901 (31 Stat., 1133–1188); that the foregoing list of lands which I hereby select is a correct list of lands selected under said acts; that the lands are vacant, unappropriated, are not interdicted timber nor mineral lands, and are desert lands as contemplated by the said acts of Congress.
Subscribed and sworn to before me this .... day of (SEAL.]
UNITED STATES LAND OFFICE,
19.. We hereby certify that we have carefully and critically examined the foregoing list of lands selected
the duly authorized agent of the State of under the provisions of the act of Congress approved August 18, 1894 (28 Stat., 372-422), the act of June 11, 1896 (29 Stat., 434), and the act of March 3, 1901 (31 Stat., 1133–1188); that we have tested the accuracy of said list by the plats and records of this office, and that we find the same to be correct. And we further certify that the filing of said list is allowed and approved, and that the whole of said lands are surveyed public lands of the United States, and that the same are not nor is any part thereof returned and denominated as mineral or timber lands; nor is there any
Homestead or other valid claim to any portion of said lands on file or of record in this office; and that the said lands are, to the best of our knowledge and belief, desert lands, as contemplated by the said acts of Congress; and that the fees, amounting to $... have been paid upon the said area of
These articles of agreement, made and entered into this .... * day of ......", A. D. 19..*, by and between
.*, Secretary of the Interior, for and on behalf of the United States of America, party of the first part, and
for and on behalf of the State of ......, party of the second part, witnesseth:
That in consideration of the stipulations and agreements hereinafter made, and of the fact that said State has, under the provisions of section 4 of the act of Congress approved August 18, 1894, of the act of Congress approved June 11, 1896, and of the act of Congress approved March 3, 1901, through
its proper officer, thereunto duly authorized, presented its proper application for certain lands situated within said State and alleged to be desert in character and particularly described as follows, to wit: List No... (here insert list of lands and total area), and has filed a map of said lands and exhibited a plan showing the mode by which it is proposed that said lands shall be irrigated and reclaimed and the source of the water to be used for that purpose, the said party of the first part contracts and agrees, and, by and with the consent and approval of
.*, President thereof, hereby binds the United States of America to donate, grant, and patent to said State, or to its assigns, free from cost for survey or price, any particular tract or tracts of said lands, whenever an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim the same, in accordance with the provisions of said acts of Congress, and with the regulations issued thereunder, and with the terms of this contract, at any time within ten years from the date of the approval of the said map of the lands.
*These blanks should be left vacant by the State agent.
It is further understood that said State shall not lease any of said lands or use or dispose of the same in any way whatever, except to secure their reclamation, cultivation, and settlement; and that in selling and disposing of them for that purpose the said State may sell or dispose of not more than 160 acres to any one person, and then only to bona fide settlers who are citizens of the United States or who have declared their intention to become such citizens; and it is distinctly understood and fully agreed that all persons acquiring title to said lands from said State prior to the issuance of patent, as hereinafter mentioned, will take the same subject to all the requirements of said acts of Congress and to the terms of this contract, and shall show full compliance therewith before they shall have any claim against the United States for a patent to said lands.
It is further understood and agreed that said State shall have full power, right, and authority to enact such laws, and from time to time to make and enter into such contracts and agreements, and to create and assume such obligations in relation to and concerning said lands as may be necessary to induce and cause such irrigation and reclamation thereof as is required by this contract and the said acts of Congress; but Do such law, contract, or obligation shall in any way bind or obligate the United States to do or perform any act not clearly directed and set forth in this contract and said acts of Congress, and then only after the requirements of said acts and contract have been fully complied with.
Neither the approval of said application, map, and plan, nor the segregation of said land by the Secretary of the Interior, nor anything in this contract, or in the said acts of Congress, shall be so construed as to give said State any interest whatever in any lands upon which, at the date of the filing of the map and plan hereinbefore referred to, there may be an actual settlement by a bona fide settler, qualified under the publicland laws to acquire title thereto.
It is further understood and agreed that as soon as an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim a particular tract or tracts of said lands the said State or its assigns may make proof thereof under and according to such rules and regulations as may be prescribed therefor by the Secretary of the Interior, and as soon as such proof shall have been examined and found to be satisfactory patents shall issue to said State, or to its assigns, for the tracts included in said proof.
The said State shall, out of the money arising from its disposal of said lands, first reimburse itself for any and all costs and expenditures incurred by it in irrigating and reclaiming said lands, or in assisting its assigns in so doing; and any surplus then remaining after the payment of the cost of such reclamation shall be held as a trust fund, to be applied to the reclamation of other desert lands within said State.
This contract is executed in duplicate, one copy of which shall be placed of record and remain on file with the Commissioner of the General Land Office, and the other shall be placed of record and remain on file with the proper officer of said State, and it shall be the duty of said State to cause a copy thereof, together with a copy of all rules and regulations issued thereunder or under said acts of Congress, to be spread upon the deed records of each of the counties in said State in which any of said lands shall be situated.
In testimony whereof the said parties have hereunto set their hands the day and year first herein written.
Secretary of the Interior. State of y
To all to whom these presents shall come, greeting:
* President of the United States of America, do hereby approve and ratify the attached contract and agreement, made and entered into on the * day of * 19. .,* by and between
Secretary of the Interior, for and on behalf of the United States, and
for and on behalf of the State of . .., under section 4 of the act of Congress approved August 18, 1894, the act approved June 11, 1896, and the act approved March 3, 1901.
* These blanks should be left vacant by the State agent.
FORMS FOR VERIFICATION AND PUBLICATION OF LISTS FOR PATENT.
(designation of office) of the State of
that I am charged with the duty of disposing of the lands granted to the State in pursuance of section 4, act of August 18, 1894 (28 Stat., 372–422), the act of June 11, 1896 (29 Stat., 434), and the act of March 3, 1901 (31 Stat., 1133–1188); and that the laws of the said State relating to the said grant from the United States have been complied with in all respects as to the following list of lands, which are hereby submitted on behalf of the said State for the issuance of patent under said acts of Congress.
(desig. nation of office) of the State of ....., charged with the duty of supervising the reclamation of lands segregated under section 4, act of August 18, 1894 (28 Stat., 422), the act of June 11, 1896 (29 Stat., 434), and the act of March 3, 1901 (31 Stat., 1133–1188); that he has examined the lands designated on the foregoing list, and that an ample supply of water has been actually furnished (in a substantial ditch or canal, or by artesian wells or reservoirs) for each tract in said list, sufficient to thoroughly irrigate and reclaim it, and to prepare it to raise ordinary agricultural crops.
Subscribed and sworn to before me this .... day of (SEAL.]
Form for published notice.
UNITED STATES LAND OFFICE,
To whom it may concern:
Notice is hereby given that the State of has filed in this Office the following list of lands, to wit, and has applied for a patent for said lands under the acts of August 18, 1894 (28 Stat., 372-422), June 11, 1896 (29 Stat., 434), and March 3, 1901 (31 Stat., 1133–1188), relating to the granting of not to exceed a million acres of arid land to each of certain States; and that the said list, with its accompanying proofs, is open for the inspection of all persons interested, and the public generally.
Within the next 60 days following the date of this notice, protests or contests against the claim of the State to any tract described in the list, on the ground of failure to comply with the law, on the ground of the nondesert character of the land, on the ground of a prior adverse right, or on the ground that the same is more valuable for mineral than for agricultural purposes, will be received and noted for report to the General Land Office at Washington, D. C.
CIRCULAR TO REGISTERS AND RECEIVERS OF THE UNITED
STATES LAND OFFICES.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE, March 28, 1902. GENTLEMEN: Section 2414 of the Revised Statutes of the United States, which statutes embrace all laws, general and permanent in their nature, in force on the first day of December, 1873, provides that
All warrants for military bounty lands which have been or may hereafter be issued under any law of the United States, and all valid locations of the same which have been or may hereafter be made, are declared to be assignable by deed or instrument of writing, made and executed according to such form and pursuant to such regulations as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owner of the warrant or location.
Under the authority conferred by the said section, the following compilation of rules and regulations governing the assignment of bounty-land warrants is prepared for the guidance of registers and receivers of district offices in ascertaining the title to such warrants, when the same are presented in payment of entries of public lands, and for the information of all concerned.
To avoid, as far as possible, complications of land titles arising in consequence of the location of fraudulent or imperfectly assigned warrants, registers and receivers are peremptorily enjoined to refuse all warrants presented when the assignments thereof do not accord in every essential particular with the rules herein prescribed; and in all cases when the question of title is in doubt they must decline to receive the warrants until the holders thereof have submitted the same to this Office for examination, and have obtained a favorable decision thereon.
I. - OF ASSIGNMENTS.
1. No assignment of a warrant executed prior to the date of the issue thereof can be recognized by this Office. (R. S., sec. 2436.)
2. The assignment is required to be indorsed as far as practicable upon the warrant transferred. Should it be found necessary in
any case to write the entire assignment on a separate paper, which can only occur when prior assignments have filled entirely the blank space on the warrant, it must be so attached as to show unmistakably that the warrant assigned was in the hands of the party making the transfer. In such cases the signature of the assignor must be affixed in the presence of the officer before whom it is acknowledged, who must certify that at the date of the assignment the warrant was presented by and in possession of the assignor. (See Form No. 5.)
3. The same requirement must be observed in the preparation and acknowledgment of powers of attorney to sell or locate bounty-land warrants.
4. Blank assignments are void, and will not be recognized by this office. The name of an assignee should be written in the assignment before the warrant is sent to the local or General Land Office.
5. Each assignment must be attested by two subscribing witnesses; the mark of a witness will not be respected.
6. Parties in interest as assignees are not recognized as legal attesting witnesses to an assignment; neither can an officer take an acknowledgment of an assignment to himself.
7. The execution of assignments is required to be acknowledged by the assignor in the presence of a register or receiver of a land office, a judge or clerk of a court of record when authorized to take acknowledgments, a notary public, justice of the peace, a commissioner of deeds resident in the State from which he derives his appointment, or a commissioner of a circuit court of the United States, who shall certify to the fact of the acknowledgment and to the identity of the assignor; and the official seal of said court, notary public, or commissioner shall be affixed to the certificate. When the acknowledgment is taken before a justice of the peace or other officer without an official seal (except a register or receiver of a land office), it must be accompanied by an additional certificate under seal of the proper authority, establishing the official character of the person before whom the acknowledgment was made, and the genuineness of his signature. (See Form No. 15.)
Powers of attorney must be acknowledged in like manner.
8. Assignments executed by unmarried females must be accompanied by evidence that they have attained the age of twenty-one years; and when married women assign, their husbands must unite with them in making the transfer.
9. Assignments executed by a commissioner, or other designated person alleged to be acting under a decree of court, must be accompanied by a duly certified copy of such decree, in which all the proceedings had in the case should be recited, and from which it must appear that due notice of the pending suit had been given by publication or otherwise to all the parties interested.
10. Where two assignments exist, executed by the same party, but made in favor of different individuals, the person first named as assignee must execute a transfer in favor of the second grantee whether the assignment to him had been completed or not.
11. When the name of a person has been erroneously inserted in an assignment of a warrant and erased therefrom, there should be filed evidence satisfactory to this office consisting of an affidavit, duly authenticated, of the assignor or party or parties by whom said name was erroneously inserted and the erasure made, fully explaining the facts and circumstances of such insertion and erasure, and stating that no transfer or delivery of said warrant was made to the party whose name had been so erroneously inserted, and that the ownership or custody of said warrant had not been changed by such insertion, which affidavit shall be accompanied by satisfactory evidence that a copy of the same has been served personally or by registered letter upon the party whose name was erroneously inserted. When the name of a bona fide assignee has been erased from a transfer, an assignment from said assignee to the present holder of the warrant will be required to perfect the chain of title to the warrant.