west along said fourth standard parallel north to its intersection with the third guide meridian east of New Mexico; thence south along said third guide meridian east to its intersection with the first standard parallel north; thence east along said first standard parallel north to its intersection with the boundary line of the Territory of New Mexico and the State of Texas; thence north along said boundary line to the place of beginning, be, and is hereby, constituted a new and separate land district, to be called the Tucumcari land district, the land office of which shall be located in the town of Tucumcari, county of Quay, in the Territory of New Mexico. [35 Stat. L. 45.]

SEC. 2. [Register and receiver.] That the President, by and with the advice and consent of the Senate, shall appoint a register and a receiver of public moneys for said district, and said officers shall reside in the place where said land office is located, and shall have the same powers and shall discharge similar duties and receive the same fees and emoluments as officers discharging like duties in the other land offices of the Territory of New Mexico. [35 Stat. L. 45.]

An Act To provide for the repayment of certain commissions, excess payments, and purchase moneys paid under the public laws.

[Act of March 26, 1908, ch. 102, 35 Stat. L. 48.]

[SEC. 1.] [Repayment of purchase moneys, etc., in rejected entries, etc.] That where purchase moneys and commissions paid under any public land law have been or shall hereafter be covered into the Treasury of the United States under any application to make any filing, location, selection, entry, or proof, such purchase moneys and commissions shall be repaid to the person who made such application, entry, or proof, or to his legal representatives, in all cases where such application, entry, or proof has been or shall hereafter be rejected, and neither such applicant nor his legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application. [35 Stat. L. 48.]

SEC. 2. [Reimbursement for excessive payments.] That in all cases where it shall appear to the satisfaction of the Secretary of the Interior that any person has heretofore or shall hereafter make any payments to the United States under the public land laws in excess of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to his legal representatives. [35 Stat. L. 48.]

SEC. 3. [Amounts to be certified by Secretary of Interior, etc.] That when the Commissioner of the General Land Office shall ascertain the amount of any excess moneys, purchase moneys, or commissions in any case where repayment is authorized by this statute, the Secretary of the Interior shall at once certify such amounts to the Secretary of the Treasury, who is hereby authorized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and issue his warrant in settlement thereof. [35 Stat. L. 48.]

An Act Providing for second desert-land entries.

[Act of March 26, 1908, ch. 103, 35 Stat. L. 48.]

[Forfeited desert-land entries - renewals allowed. That any person who prior to the passage of this Act has made entry under the desert-land laws,

but from any cause has lost, forfeited, or abandoned the same, shall be entitled to the benefits of the desert-land law as though such former entry had not been made, and any person applying for a second desert-land entry under this Act shall furnish the description and date of his former entry: Provided, That the provisions of this Act shall not apply to any person whose former entry was assigned in whole or in part or canceled for fraud, or who relinquished the former entry for a valuable consideration. [35 Stat. L. 48.]

An Act Limiting and restricting the right of entry and assignment under the desert-land law and authorizing an extension of time within which to make final proof.

[Act of March 28, 1908, ch. 112, 35 Stat. L. 52.]

[SEC. 1.] [Desert lands entries restricted to surveyed lands.] That from and after the passage of this Act the right to make entry of desert lands under the provisions of the Act approved March third, eighteen hundred and seventyseven, entitled "An Act to provide for the sale of desert lands in certain States and Territories," as amended by the Act approved March third, eighteen hundred and ninety-one, entitled "An Act to repeal timber-culture laws, and for other purposes," shall be restricted to surveyed public lands of the character contemplated by said Acts, and no such entries of unsurveyed lands shall be allowed or made of record: Provided, however, That any individual qualified to make entry of desert lands under said Acts who has, prior to survey, taken possession of a tract of unsurveyed desert land not exceeding in area three hundred and twenty acres in compact form, and has reclaimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said Acts, in conformity with the public land surveys, within ninety days after the filing of the approved plat of survey in the district land office. [35 Stat. L. 52.]

For the Act of March 3, 1877, as amended by the Act of March 3, 1891, see 6 Fed. Stat. Annot. 392.

SEC. 2. [Assignments restricted.] That from and after the date of the passage of this Act no assignment of an entry made under said Acts shall be allowed or recognized, except it be to an individual who is shown to be qualified to make entry under said Acts of the land covered by the assigned entry, and such assignments may include all or part of an entry; but no assignment to or for the benefit of any corporation or association shall be authorized or recognized. [35 Stat. L. 52.]

SEC. 3. [Extension of time to complete work.] That any entrymen under the above Acts who shall show to the satisfaction of the Commissioner of the General Land Office that he has in good faith complied with the terms, requirements, and provisions of said Acts, but that because of some unavoidable delay in the construction of the irrigating works, intended to convey water to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said Acts, shall, upon filing his corroborated affidavit with the land office in which said land is located, setting forth said facts, be allowed an additional period of not to exceed three years, within the discretion of the Commissioner of the General Land Office, within which to furnish proof as required by said Acts of the completion of said work [35 Stat. L. 52.]

An Act To authorize the drainage of certain lands in the State of Minnesota.

[Act of May 20, 1908, ch. 181, 35 Stat. L. 169.]

[SEC. 1.] [Public lands in Minnesota subject to state drainage laws.] That all lands in the State of Minnesota, when subject to entry, and all entered lands for which no final certificates have issued, are hereby made and declared to be subject to all of the provisions of the laws of said State relating to the drainage of swamp or overflowed lands for agricultural purposes to the same extent and in the same manner in which lands of a like character held in private ownership are or may be subject to said laws: Provided, That the United States and all persons legally holding unpatented lands under entries made under the publicland laws of the United States are accorded all the rights, privileges, and benefits given by said laws to persons holding lands of a like character in private ownership. [35 Stat. L. 169.]

SEC. 2. [Apportionment of cost.] That the cost of constructing canals, ditches, and other drainage works incurred in connection with any drainage project under said laws shall be equitably apportioned among all lands held in private ownership, all lands covered by unpatented entries, and all unentered public lands affected by such project; and officially certified lists showing the amount of the charges assessed against each smallest legal subdivision of such lands shall be furnished to the register and receiver of the land district in which the lands affected are located as soon as said charges are assessed, but nothing in this Act shall be construed as creating any obligation on the United States to pay any of said charges. [35 Stat. L. 169.]

SEC. 3. [Sale for charges.] That all charges legally assessed may be enforced against any unentered lands, or against any lands covered by an unpatented entry, by the sale of such lands subject to the same manner and under the same proceedings under which such charges would be enforced against lands held in private ownership. [35 Stat. L. 170.]

SEC. 4. [Certificate of sale to land office.] That when any unentered lands, or any lands covered by an unpatented entry, have been sold in the manner mentioned in this Act, a statement of such sale showing the price at which each legal subdivision was sold shall be officially certified to the register and receiver immediately after the completion of such sale. [35 Stat. L. 170.]

SEC. 5. [Patents to purchasers on paying government price.] That at any time after any sale of unentered lands has been made in the manner and for the purposes mentioned in this Act patent shall issue to the purchaser thereof upon payment to the receiver of the minimum price of one dollar and twentyfive cents per acre, or such other price as may have been fixed by law for such lands, together with the usual fees and commissions charged in entry of like lands under the homestead laws. But purchasers at a sale of unentered lands shall have the qualification of homestead entrymen and not more than one hundred and sixty acres of such lands shall be sold to any one purchaser under the provisions of this Act. This limitation shall not apply to sales to the State but shall apply to purchases from the State of unentered lands bid in for the State. Any part of the purchase money arising from the sale of any lands in the manner and for the purposes provided in this Act which shall be in excess of the payments herein required and of the total drainage charges assessed against such lands shall also be paid to the receiver before patent is issued. [35 Stat. L. 170.]

SEC. 6. [Purchase of unpatented entries - payment of excess - forfeiture if charges, etc., not paid in ninety days -- rights of subsequent purchaser – disposal of proceeds.] That any unpatented lands sold in the manner and for the purposes mentioned in this Act may be patented to the purchaser thereof at any time after the expiration of the period of redemption provided for in the drainage laws under which it may be sold (there having been no redemption) upon the payment to the receiver of the fees and commissions and the price mentioned in the preceding section, or so much thereof as has not already been paid by the entryman; and if the sum received at any such sale shall be in excess of the payments herein required and of the drainage assessments and cost of the sale, such excess shall be paid to the proper county officer for the benefit of and payment to the entryman. That unless the purchasers of unentered lands shall within, ninety days after the sale provided for in section three, pay to the proper receiver the fees, commissions and purchase price to which the United States may be entitled as provided in section five, and unless the purchasers of entered lands shall within ninety days after the right of redemption has expired make like payments as provided for in this section, any person having the qualifications of a homestead entryman may pay to the proper receiver for not more than one hundred and sixty acres of land for which such payment has not been made: First, the unpaid fees, commissions and purchase price to which the United States may then be entitled: and, second, the sum at which the land was sold at the sale for drainage charges, and in addition thereto, if bid in by the State, interest on the amount bid by the State at the rate of seven per centum per annum from the date of such sale, and thereupon the person making such payment shall become subrogated to the rights of such purchaser to receive a patent for said land. When any payment is made to effect such subrogation the receiver shall transmit to the treasurer of the county where the land is situated the amount at which the land was sold at the sale for drainage charges together with the interest paid thereon, if any, less any sum in excess of what may be due for such drainage charge, if the land when sold was un entered. [35 Stat. L. 170.]

SEC. 7. [Right of appeal, etc.] That a copy of all notices required by the drainage laws mentioned in this Act to be given to the owners or occupants of lands held in private ownership shall, as soon as such notices issue, be delivered to the register and receiver of the proper district land office in cases where unentered lands are affected thereby and to the entrymen whose unpatented lands are included therein, and the United States and such entrymen shall be given the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership; and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership. [35 Stat. L. 171.]

SEC. 8. [Chippewa Indian lands, Minn, - homestead entries, etc., may be made thereon - patents, etc.] That hereafter homestead entries and final proofs may be made upon all ceded Chippewa Indian lands in Minnesota embraced in the withdrawal under the Act of June twenty-first, nineteen hundred and six, entitled "An Act making appropriations for the current and contingent expenses of the Indian Department" (Thirty-fourth Statutes at Large, page three hundred and twenty-five), and patents may issue thereon as in other homestead cases, upon the payment by the entryman of the price prescribed by law for such land and on entries on the ceded Red Lake Reservation in addition thereto

the sum of three cents per acre to repay the cost of the drainage survey thereof, which addition shall be disposed of the same as the other proceeds of said land. [35 Stat. L. 171.]

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[SEC. 1.] [Temporary assistant commissioner - temporary recorder.] That hereafter the Secretary of the Interior be, and he is hereby, authorized to designate an officer or employee of the General Land Office to act temporarily as Assistant Commissioner of that Office during the absence of the Assistant Commissioner, or in case of a vacancy in the office of such Assistant Commissioner, or when such Assistant Commissioner is acting as Commissioner, and all acts performed by any officer or employee while acting under such designation shall have the same force and effect as if performed by said Commissioner or Assistant Commissioner.

That hereafter the Secretary of the Interior be, and he is hereby, authorized to designate an officer or employee of the General Land Office to perform temporarily the duties of the Recorder of that office in the absence of that officer and in the case of a vacancy in the office of such Recorder, and the acts of any person so designated shall have all the force and effect of an act performed by the Recorder. [35 Stat. L. 225.]

This is from the Legislative, Executive, and Judicial Appropriation Act of May 22,

1908, ch. 186.

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[SEC. 1.] [National bison range, Montana.] NATIONAL BISON RANGE: The President is hereby directed to reserve and except from the unallotted lands now embraced within the Flathead Indian Reservation, in the State of Montana, not to exceed twelve thousand eight hundred acres of said lands, near the confluence of the Pend d'Oreille and Jocko rivers, for a permanent national bison range for the herd of bison to be presented by the American Bison Society. And there is hereby appropriated the sum of thirty thousand dollars, or so much thereof as may be necessary, to enable the Secretary of the Interior to pay the confederated tribes of the Flathead, Kootenai, and Upper Pend d'Oreille, and such other Indians and persons holding tribal relations or may rightfully belong on said Flathead Indian Reservation, the appraised value of said lands as shall be fixed and determined under the provisions of the Act of Congress approved April twenty-third, nineteen hundred and four, entitled "An Act for the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment." And the Secretary of Agriculture is hereby authorized and directed to inclose said lands with a good and substantial fence and to erect thereon the necessary sheds and buildings for the proper care and maintenance of the said bison; and there is hereby appropriated therefor the sum of ten thousand dollars or so much thereof as may be necessary; in all, forty thousand dollars. [35 Stat. L. 267.]

This is from the Agricultural Department Appropriation Act of May 23, 1908, ch. 192.

An Act Authorizing a resurvey of certain townships in the State of Wyoming, and for other

purposes.

[Act of May 29, 1908, ch. 220, 35 Stat. L. 465.]

[SEC. 1.] [Public lands in Wyoming - resurvey of certain townships.] That the Secretary of the Interior be, and he is hereby, authorized and directed