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Settlements of two or more per

survey.

17 S. 609,

SEC. 2274. When settlements have been made upon sons on same sub- agricultural public lands of the United States prior to division before

the survey thereof, and it has been or shall be ascerMar... 1873, tained after the public surveys have been extended

over such lands, that two or more settlers have improvements upon the same legal subdivision, it shall be lawful for such settlers to make joint entry of their lands at the local land office, or for either of said settlers to enter into contract with his co-settlers to convey to them their portion of said land after a patent is issued to him, and, after making such contract, to file a declaratory statement in his own name, and prove up and pay for said land, and proof of joint occupation by himself and others, and of such contact with them made, shall be equivalent to proof of sole occupation and preemption by the applicant: Provided, That in no case shall the amount patented under this section exceed one hundred and sixty acres, nor shall this section apply to lands not subject to homestead or preemption entry.

10 S. 3.

Military boun SEC. 2277. All warrants for military bounty lands, receivable for which are issued under any law of the United States, preemption pay. shall be received in payment of preemption rights at the Mar, 22, 1852, rate of one dollar and twenty-five cents per acre, for the

quantity of land therein specified; but where the land is rated at one dollar and twenty-five cents per acre, and does not exceed the area specified in the warrant, it must

be taken in full satisfaction thereof. Agricultural. Sec. 2278. Agricultural-college scrip, issued to any ceivable in pay: State under the Act approved July second, eighteen ment of preemp- hundred and sixty-two, or Acts amendatory thereof, shall

July 1, 1870, be received from actual settlers in payment of preemp16 S. 186.

tion claims in the same manner and to the same extent as authorized in case of military bounty-land warrants

by the preceding section. Pre emption SEC. 2279. No person shall have the right of preemplimit along rail. road lines. tion to more than one hundred and sixty acres along

Mar. 3, 1853, the line of railroads within the limits granted by any 10 S. 244.

Act of Congress. Pre emption SEC. 2280. Any settler on lands heretofore reserved rights on lands reserved for on account of claims under French, Spanish, or other grants found in

grants which have been or may be hereafter declared by the Supreme Court of the United States to be invalid, shall be entitled to all the rights of preemption granted by the preceding provisions of this chapter, after the lands have been released from reservation, in

the same manner as if no reservation had existed. Preemption SEC. 2281. All settlers on public lands which have reserved for rail: been or may be withdrawn from market in consequence

of proposed railroads, and who had settled thereon prior Mar. 27, 1854, 10 s. 269; July to such withdrawal, shall be entitled to preemption at 14, 1870, 16 s. 279; Mar. 3, the ordinary minimum to the lands settled on and cul

valid.

Ibid.

roads.

1875, 18 S. 579.

Sept. 4, 1841, 5 S. 457.

tivated by them; but they shall file the proper notices of their claims and make proof and payment as in other cases.

Sec. 2282. Nothing contained in this chapter shall Sale of land delay the sale of any of the public lands beyond the time layed, etc. appointed by the proclamation of the President.

Sec. 2283. The Osage Indian trust and diminished- Certain lands reserve lands in the State of Kansas, excepting the to be sold. sixteenth and thirty-sixth sections in each township, 17 May 28: 18722 shall be subject to disposal, for cash only, to actual 23, 1874,' 18 s. settlers, in quantities not exceeding one hundred and 1876, 19 $. 127. sixty acres, or one-quarter section to each, in compact form, in accordance with the general principles of the preemption laws, under the direction of the Commissioner of the General Land Office; but claimants shall file their declaratory statements as prescribed in other

ses upon unoffered lands, and shall pay for the tracts, respectively, settled upon within one year from date of settlement where the plat of survey is on file at that date, and within one year from the filing of the township plat in the district office where such plat is not on file at date of settlement.

SEC. 2284. The sale or transfer of his claim upon any Transfermos portion of these lands by any settler prior to the twenty- prior to, etc. sixth day of April, eighteen hundred and seventy-one, of entry. shall not operate to preclude the right of entry, under , May 1972, the provisions of the preceding section, upon another 23, 1874,' 18 s. tract settled upon subsequent to such sale or transfer; but satisfactory proof of good faith must be furnished upon such subsequent settlement.

SEC. 2285. The restrictions of the preemption laws, Preemption contained in sections twenty-two hundred and sixty and to apply to certwenty-two hundred and sixty-one, shall not apply to fainsasa nds in any settler on the Osage Indian trust and diminished- May 9; 1872, reserve lands in the State of Kansas, who was actually residing on his claim on the ninth day of May, eighteen hundred and seventy-two.

283.

17 S. 90.

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Where

claim

Sec. 2287. Any bona fide settler under the homestead or preemption laws of the United States who has filed ant of entry be

comes register or the proper application to enter not to exceed one quar- receiver,

Apr. 20, 1871, ter-section of the public lands in any district land office, 178. 16. and who has been subsequently appointed a register or receiver, may perfect the title to the land under the preemption laws by furnishing the proofs and making the payments required by law to the satisfaction of the Commissioner of the General Land Office.

ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

An Act To repeal timber-culture laws, and for other purposes.

*

Pre emption Sec. 4. That chapter four of title. thirty-two, exceptlaws repealed.

ing sections twenty-two hundred and seventy-five, twenty-two hundred and seventy-six, twenty-two hundred and eighty-six, of the Revised Statutes of the United States, and all other laws allowing preemption of the public lands of the United States, are hereby repealed, but all bona fide claims lawfully initiated before

the passage of this Act, under any of said provisions of bona fide claims law so repealed, may be perfected upon due compliance

with law, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests, as if this Act had not been passed.

Perfection

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*

Approved, March 3, 1891 (26 Stat. 1095-1097).

Joint Resolution to extend the time of payment to settlers on the

public lands in certain cases.

cases,

Resolved by the Senate and House of Representatives

of the United States of America in Congress assembled, Extension of That whenever it shall appear by the filing of such evi. ments in certain dence in the offices of any register and receiver as shall

be prescribed by the Secretary of the Interior that any settler on the public lands, by reason of a failure of crops for which he is in nowise responsible, is unable to make the payment on his homestead or preemption claim required by law, the Commissioner of the General Land Office is hereby authorized to extend the time for such payment for not exceeding one year from the date when the 'same becomes due.

Approved, September 30, 1890 (26 Stat. 684).

An Act Extending the time for final proof and payment on lands

claimed under the public land laws of the United States.

Extension of

cases.

Sec, 2. That the time of making final payments on ments in certain entries under the preemption Act is hereby extended for

one year from the date when the same becomes due in all cases where preemption entrymen are unable to make final payments from causes which they can not control, evidence of such inability to be subject to the regulations of the Secretary of the Interior.

Approved, July 26, 1894 (28 Stat. 123).

PRIVATE LAND AND SMALL HOLDING CLAIMS.

Page.

327

328

330 331 331

Revised Statutes.-Section 2447—Patents to issue for confirmed claims.
Act of March 3, 1891–Court of private land claims established—Jurisdic-

tion-ProcedureCost of survey-Patents—Mineral lands—Termina

tion of court.-
Act of February 3, 1911-Lands excluded from the Refugio Colony Grant,.

New Mexico.--
Act of March 2, 1917—Private land claims in California
Act of July 5, 1921-Settlers and entryman on Baca Float No. 3, Arizona_
SMALL HOLDING CLAIMS.--Act of March 3, 1891-Continuous ad-

verse possession for 20 years in New Mexico, Arizona, Utah, Colorado,
Nevada, and Wyoming-Maximum area-Claim to be filed with sur-

veyor general---
Act of February 21, 1893-Amendment of act of March 3, 1891_
Act of April 28, 1904Surveys to be approved by Commissioner of the

General Land Office.
Act of July 3, 1916--Extension of time for filing claim.
Act of June 15, 1922—Possession of unsurveyed land, time for filing-

332 334

336

336

337

Private land claims originated, for the most part, under grants by foreign governments prior to the cession to the United States of the territory involved. They have been: confirmed by Boards of Commissioners acting under authority of Congress, by Acts of Congress, and by the courts. Patents are issued whenever the present owners of the land make applications for the same, accompanied by affidavit as to ownership.

UNITED STATES REVISED STATUTES.

Patents to

.

Sec. 2447, In case of any claim to land in any State or for claims here Territory which has heretofore been confirmed by law, tofore confirmed

Dec. 22, 1854, and in which no provision is made by the confirmatory 10 s. 599. 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 LandOffice of plats of survey thereof, duly approved by the surveyor-general of any State or Territory, if the same be found correct by the Commissioner. But such patents shall only operate as a relinquishment of title on the part of the United States, and shall in no manner interfere with any valid adverse right to the same land, nor be construed to preclude a legal investigation and decision by the proper judicial tribunal between adverse claimants to the same land.

ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

An Act To establish a court of private land claims, and to provide

for the settlement of private land claims in certain States and Territories.

vate land claims established.

*

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Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemCourt of pri- bled, That there shall be, and hereby is, established a

court to be called the court of private land claims, to consist of a .chief justice and four associate justices, who shall be, when appointed, citizens and residents of some of the States of the United States, to be appointed by the President, by and with the advice and consent of the Senate, to hold their offices for the term expiring on the thirty-first day of December, anno Domini eighteen hundred and ninety-five;- any three of whom shall constitute a quorum. Said court shall have and exercise jurisdiction in the hearing and decision of private land claims according to the provisions of this Act.

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tu lu tout Claimants un Sec. 6. That it shall and may be lawful for any person der certain unconfirmed grants or persons or corporation, or their legal representatives, murt. petition claiming lands within the limits of the territory derived

by the United States from the Republic of Mexico and now embraced within the Territories of New Mexico, Arizona, or Utah, or within the States of Nevada, Colorado, or Wyoming by virtue of any such Spanish or Mexican grant, concession, warrant, or survey as the United States are bound to recognize and confirm by virtue of the treaties of cession of said country by Mexico to the United States which at the date of the passage of this Act have not been confirmed by Act of Congress, or otherwise finally decided upon by lawful authority, and which are not already complete and perfect, in every such case to present a petition, in writing to the said court in

the State or Territory where said land is situated and Institution of where the said court holds its sessions, but cases arising cases otherwise.

in the States and Territories in which the court does not hold regular sessions may be instituted at such place as may be designated by the rules of the court.

* Sec. 8. That any person or corporation claiming lands caimants claim. in any of the States or Territories mentioned in this Act plete title may under a title derived from the Spanish or Mexican Govapplivenior confir: ernment that was complete and perfect at the date when

the United States acquired sovereignty therein, shall have the right (but shall not be bound) to apply to said court in the manner in this Act provided for other cases for a

+ Continued under different acts of Congress until June 30, 1904.

Certain other

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