CHAPTER TWENTY-ONE. MISCELLANEOUS PROVISIONS RELATING TO THE PUBLIC LANDS. Sec. 466. Cases of suspended entries of public lands and suspended pre-emption claims. 467. Adjudications under above, how ap proved. 468. Report of adjudications under preceding sections. 469. Decisions to be arranged into classes. 470. Patents to issue for lands in the first class, and lands in the second class to revert to the United States. 471. Commissioner to order into market lands of second class. 472. Patents surrendered and new ones 473. Extent of foregoing provisions. 476. Lands of United States by whatso- Titles of intruders forfeited. SEC. 466. The Commissioner of the General Land Office Cases of susis authorized to decide upon principles of equity and justice, public lands and pended entries of as recognized in courts of equity, and in accordance with suspended preregulations to be settled by the Secretary of the Interior, the emption claims. Attorney-General, and the Commissioner, conjointly, consistently with such principles, all cases of suspended entries of public lands and of suspended pre-emption land claims, and to adjudge 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. 14 Op. Att. Gen. 636, 645. Decisions Sec. Int., Dec. 27 (1 Lester's L. L. 484); May 12, 1859 (1 id. 486); May 26, 1859 (1 id. 488); Aug. 12, 1859 (1 id. 487); Oct. 6, 1859 (1 id. 490); Dec. 2, 1859 (1 id. 491); May 19, 1871 (Copp's L. L. 753); Nov. 3, 1871 (id. 755); Nov. 13, 1872 (id. 755); March 31, 1873 (id. 755); April 11, 1876 (3 Copp's L. O. 19); June 27, 1878 (5 id. 101); Dec. 5, 1878 (5 id. 146); May 28, 1880 (7 id. 91). Decision Com. G. L. O., Sept. 3, 1878 (5 Copp's L. O. 117). Rules and Regulations, Oct. 3, 1846 (1 Lester's L. L. 482); March 13, 1847 (1 id. 483); March 16, 1854 (1 id. 484); April 25, 1877 (G. L. O. Rep. 1877, p. 100). approved. SEC. 467. Every such adjudication shall be approved by Adjudications the Secretary of the Interior and the Attorney-General, under above, how acting as a board; and shall operate only to divest the United States of the title of the lands embraced thereby, without prejudice to the rights of conflicting claimants. 9 Stat. 51; 19 id. 244; R. S. 2451. 14 Op. Att. Gen. 636, 645. Decisions Sec. Int., Aug. 12, 1859 (1 Lester's L. L. 487); June 27, 1878 (5 Copp's L. O. 101). Rules and Regulations, Oct. 3, 1846 (1 Lester's L. L. 482); April 25, 1877 (G. L. O. Rep. 1877, p. 100). tions. Report of adju- SEC. 468. The Commissioner is directed to report to Condications under preceding sce-gress at the first session after any such adjudications have been made a list of the same under the classes prescribed by law, with a statement of the principles upon which each class was determined. Decisions to be arranged into classes. Patents to issue 9 Stat. 51; R. S. 2452. SEC. 469. The Commissioner shall arrange his decisions into two classes; the first class to embrace all such cases of equity as may be finally confirmed by the board, and the second class to embrace all such cases as the board reject and decide to be invalid. 9 Stat. 51; R. S. 2453. Rules and Regulations, Oct. 3, 1846 (1 Lester's L. L. 482); April 25, 1877 (G. L. O. Rep. 1877, p. 100). SEC. 470. For all lands covered by claims which are placed for lands in the in the first class, patents shall issue to the claimants; and lands in second all lands embraced by claims placed in the second class shall ipso facto revert to, and become part of, the public domain. 9 Stat. 51; R. S. 2454. first class, and class to revert to the United States. Commissioner to order into market lands of second class. Patents surrendered and new ones issued in certain cases. Extent of foregoing provisions. Copies of records, &c., to be certified. SEC. 471. It may be lawful for the Commissioner of the General Land Office to order into market, after due notice, without the formality and expense of a proclamation of the President, all lands of the second class, though heretofore unproclaimed and unoffered, and such other isolated or disconnected tracts or parcels of unoffered lands which, in his judgment, it would be proper to expose to sale in like manner. But public notice of at least thirty days shall be given by the land officers of the district in which such lands may be situated, pursuant to the directions of the Commissioner. 9 Stat. 51; R. S. 2455. 14 Op. Att. Gen. 636. SEC. 472. Where patents have been already issued on entries which are confirmed by the officers who are constituted the board of adjudication, the Commissioner of the General Land Office, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such confirmation, to the person who made the entry, his heirs or assigns. 10 Stat. 258; R. S. 2456. SEC. 473. The preceding provisions from section four hundred and sixty-six to section four hundred and seventy-two, inclusive, shall be applicable to all cases of suspended entries and locations, which have arisen in the General Land Office since the twenty-sixth day of June, eighteen hundred and fifty-six, as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and pre-emption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or pre-emptor are prejudiced, or where there is no adverse claim. 11 Stat. 22; R. S. 2457. SEC. 474. The Commissioner of the General Land Office shall cause to be prepared, 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. All exemplifications of patents, or papers on file 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. 5 Stat. 111; 13 id. 375; R. S. 461, 891, 2469. Polk v. Wendell, 5 Wheat. 293; Galt v. Galloway, 4 Pet. 331. Lacy v. Davis, 4 Mich. 140; Gilman v. Riopelle, 18 id. 144; Clark v. Hill, 19 id. 354; Boyce, v. Slambaugh, 34 id. 348; Bovee v. McLean, 24 Wis. 225; Ansley v. Peterson, 30 id. 653; McLean v. Bovee, 35 id. 27; Kelly v. Wallace, 14 Minn. 236; Washburn v. Mendenhall, 21 id. 332; Harris v. Doe, 4 Blackf. (Ind.) 369; Bowser v. Warren, 4 id. 522; Lane v. Bommelman, 17 Ills. 95; Sawyer v. Cox, 63 id. 130. Cir. G. L. O., July 20, 1875 (Copp's L. L. 824). SEC. 475. Literal exemplifications of any records which have been or may be granted in virtue of the preceding section shall be deemed of the same validity in all proceedings, whether at law or in equity, wherein such exemplifications countersigning. are adduced in evidence, as if the names of the officers signing and countersigning the same had been fully inserted in such record. 5 Stat. 627; R. S. 891, 2470. Cir. G. L. O., July 20, 1875 (Copp's L. L. 824). Exemplifications valid without names of officers signing and whatsoever title be occupied, pos sent of the United intruders for feited. SEC. 476. If any person or persons shall take possession Lands of the of, or make a settlement on any lands ceded or secured to United States, by the United States, by any treaty made with a foreign na- acquired, not to tion, or by a cession from any State to the United States, sessed, or settled which lands shall not have been previously sold, ceded, or but with the conleased by the United States, or the claim to which lands, by States. Titles of such person or persons, shall not have been previously recognized and confirmed by the United States: or if any person or persons shall cause such lands to be thus occupied, taken possession of, or settled: or shall survey, or attempt to survey, or cause to be surveyed, any such lands; or designate any boundaries thereon, by marking trees, or otherwise, until thereto duly authorized by law; such offender or offenders, shall forfeit all his or their right, title, and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, or settled, or caused to be occupied, taken possession of, or settled, or which he or they shall have surveyed, or attempt to survey, or cause to be surveyed, or the boundaries thereof he or they shall thorized to have President au-have designated, or cause to be designated, by marking them removed. trees or otherwise. And it shall moreover be lawful for the The mode of President of the United States, to direct the marshal, or doing this. officer acting as marshal, in the manner hereinafter directed, and also to take such other measures, and to employ such military force as he may judge necessary and proper, to remove from lands ceded, or secured to the United States, by treaty, or cession as aforesaid, any person or persons who shall hereafter take possession of the same, or make, or attempt to make, a settlement thereon, until thereunto authorized by law. And every right, title, or claim, forfeited under this act, shall be taken and deemed to be vested in the United States, without any other or further proceedings; authorized, under and it shall be lawful for the proper marshal, or officer act instructions from ing as marshal, under such instructions as may for that purpose be given by the President of the United States, to remove from such lands any and every person or persons who shall be found on the same. Marshals, &c., the President, to oust intruders. Forging, coun terfeiting, or rants. 2 Stat. 445, 480; 4 id. 665. Dupas v. Wassell, 1 Dillon, C. C. 213. 1 Op. Att. Gen. 164, 180, 471, 475, 703; 2 id. 575; 3 id. 255, 566; 7 id. 535; 10 id. 71, 184. Wood v. Railway Co., 11 Kansas, 323; Boston v. Dodge, 1 Blackf. (Ind.) 18; McKiernan v. Hesse, 51 Cal. 594; Duncan v. Hall, 9 Ala. 128; Floyd v. Ricks, 14 Ark. 286. SEC. 477. Every person who falsely makes, alters, forges, passing military or counterfeits any military bounty-land warrant, or military bounty-land war- bounty-land warrant certificate, issued or purporting to have been issued by the Commissioner of Pensions under any act of Congress, or any certificate of location of any military bounty-land warrant, or any duplicate thereof, or military bounty-land warrant certificate upon any of the lands of the United States, or any certificate of the purchase of any of the lands of the United States, or any duplicate certificate of the purchase of any of the lands of the United States, or any receipt for the purchase money of any of the lands of the United States, or any duplicate receipt for the purchase money of any lands of the United States, issued or purporting to have been issued by the register and receiver at any land office of the United States, or by either of them, or who passes, utters, or publishes as true any false, forged, or counterfeited military bounty-land warrant, military bountyland warrant certificate, certificate of location, or duplicate certificate of location, certificate of purchase, duplicate certificate of purchase, receipt or duplicate receipt, for the purchase money of any of the lands of the United States, knowing the same to be false or forged, shall be imprisoned at hard labor not less than three years nor more than ten years. 11 Stat. 381; R. S. 5420. Autnentication SEC. 478. It may and shall be lawful for the keepers or of foreign records relating to lands. persons having the custody of laws, judgments, orders, decrees, journals, correspondence, or other public documents of any foreign government or its agents, relating to the title to lands claimed by or under the United States, on the application of one of the head of one of the departments, the Solicitor of the Treasury, or the Commissioner of the General Land Office, to authenticate the same under his hand and seal, and certify the same to be correct and true copies of such laws, judgments, orders, decrees, journals, correspondence, or other public documents; and when the same shall be certified by an American minister or consul under his hand and seal of office, or by a judge of one of the United States courts under his hand and seal, to be true copies of the originals, the same shall be sealed up by him and returned to the Solicitor of the Treasury, who shall file the same in his office, and cause it to be recorded in a book to be kept for that purpose. A copy of said laws, judgments, orders, decrees, journals, correspondence, or other public documents so filed, or of the same so recorded in said book, may be read in evidence in all courts, where the title to land claimed by or under the United States may come into question, equally with the originals thereof. used in land of fices. 9 Stat. 350, 351. U. S. v. Delespine's Heirs, 12 Pet. 654; U. S. v. Wiggins, 14 id. 334; U. S. v. Rodman, 15 id. 130; U. S. v. Deles. pine's Heirs, 15 id. 226; U. S. v. Brewart, 16 id. 143; U. S. v. Acosta, 1 How. 24; U. S. v. Le Blanc, 12 id. 435; U. S. v. Peralta, 19 id. 343. Gregory v. McPherson, 13 Cal. 562; People v. Kelly, 38 id. 145. SEC. 479. In all cases where any oath, affirmation, or af- Perjury in oaths fidavit shall be made or taken before any register or receiver, or either or both of them of any local land office in the United States or any Territory thereof, or where any oath, affirmation, or affidavit, shall be made or taken before any person authorized by the laws of any State or Territory of the United States to administer oaths or affirmations, or take affidavits, and such oaths, affirmations, or affidavits are made, used, or filed in any of said local land offices, or in the General Land Office, as well in cases arising under any or either of the orders, regulations, or instructions, concerning any of the public lands of the United States, issued by the Commissioner of the General Land Office, or other proper officer of the Government of the United States, as under the laws of the United States, in any wise relating to or effecting any right, claim, or title, or any contest therefor, to any of the public lands of the United States, and any person or persons shall, taking such oath, affirmation or affidavit, knowingly, wilfully, or corruptly swear or affirm falsely, the same shall be deemed and taken to be perjury, and the person or persons guilty thereof shall, upon conviction, be liable to the punishment prescribed for that offence by the laws of the United States. 11 Stat. 250, 251. People v. Kelly, 38 Cal. 145; Barrell v. How, 48 id. 223; Ainsworth v. Miller, 20 Kansas, 220. ters-patents. SEC. 480. Every person who falsely makes, forges, counter-Forgery of letfeits, or alters any letters-patent granted, or purporting to have been granted by the President of the United States; or who passes, utters, or publishes, or attempts to pass, utter, or publish as genuine, any such forged, counterfeited, or falsely altered letters-patent, knowing the same to be forged, counterfeited, or falsely altered, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. 4 Stat. 119; R. S. 5416. Forging, &c., SEC. 481. Every person who falsely makes, alters, forges, bid, public rec or counterfeits any bid, proposal, guarantee, official bond, ord, &c. |