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SECRETARY OF THE INTERIOR.

Revised Statutes, section 441.-The Secretary of the Interior is

charged with supervision of the public lands.

rotary.

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UNITED STATES REVISED STATUTES. SEC. 441. The Secretary of the Interior is charged Duties of Seo with the supervision of public business relating to the Mar. 3, 1840, following subjects:

First. The Census; when directed by law.
Second. The public lands, including mines.
Third. The Indians.
Fourth. Pensions and bounty lands.
Fifth. Patents for inventions.
Sixth. The custody and distribution of publications.
Seventh. Education.
Eighth. Government Hospital for the Insane.
Ninth. Columbia Asylum for the Deaf and Dumb.

311

SMALL HOLDING CLAIMS.

Page.

165

See “ Lieu selection"..
Act of March 3, 1891 (26 Stat., 861).—Continuous adverse pos-

session for 20 years in New Mexico, Arizona, Utah, Colo-
rado, Nevada, and Wyoming-Maximum size of tract 160
acres-Deputy surveyor to establish lines where township
surveys not already-Claims to be filed with surveyor general

within two years from date of act........
Act of February 26, 1909 (35 Stat., 655).—Claim to be filed with

surveyor general not later than March 4, 1910—Not to apply
to confirmed grants nor to assignments made after March 3,
1901...........

312

313

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.

adverse

posses

of tract.

veyor to establis

returns.

continuous SEC. 16. That in township surveys hereafter to be sion for 20 years. made in the Territories of New Mexico, Arizona, and

Utah, and in the States of Colorado, Nevada, and Wyoming if it shall be made to appear to the satisfaction of the deputy surveyor making such survey that any person has, through himself, his ancestors, grantors, or their lawful successors in title or possession, been in the continuous adverse actual bona fide possession, residing thereon as his home, of any tract of land or in connection

therewith of other lands, all together not exceeding one Maximum size hundred and sixty acres in such township for twenty

years next preceding the time of making such survey, Deput crnout the deputy surveyor shall recognize and establish the lines and make lines of such possession and make the subdivision of the

adjoining lands in accordance therewith. Such possession shall be accurately defined in the field-notes of the survey and delineated on the township plat, with the boundaries and area of the tract as a separate legal subdivision. The deputy surveyor shall return with his survey the name or names of all persons so found to be in possession, with a proper description of the tract in the possession of each as shown by the survey, and the proofs

furnished to him of such possession. Revlow. by the Upon receipt of such survey and proofs the Commisof the General sioner of the General Land Office shall cause careful in

vestigation to be made in such manner as he shall deem necessary for the ascertainment of the truth in respect of such claim and occupation, and if satisfied upon such

investigation that the claimant comes within the proIssue of patents visions of this section, he shall cause patents to be issued

to the parties so found to be in possession for the tracts respectively claimed by them: Provided, however, That no person shall be entitled to confirmation of, or to patent

for, more than one hundred and sixty acres in his own

Commissioner

Land Office.

Limitations.

Where township surveys al

tinuous adverse possession for 20

without payment

right by virtue of this section: And provided further, That this section shall not apply to any city lot, town lot, village lot, farm lot, or pasture lot held under a grant from any corporation or town the claim to which may fall within the provisions of section eleven of this act.

SEC. 17. That in the case of townships heretofore sur-, veyed in the Territories of New Mexico, Arizona, and ready made. Utah, and the States of Colorado, Nevada, and Wyoming, all persons who, or whose ancestors, grantors, or Citizens in contheir lawful successors in title or possession, became citi- tio zens of the United States by reason of the treaty of Guada- years may enter lupe-Hidalgo, and who have been in the actual continuous adverse possession and residence thereon of tracts of not to exceed one hundred and sixty acres each, for twenty years next preceding such survey, shall be entitled, upon making proof of such facts to the satisfaction of the register and receiver of the proper land district, and of the Commissioner of the General Land Office upon such investigation as is provided for in section sixteen of this act, to enter without payment of purchase money, fees, or commissions, such legal subdivisions, not exceeding one hundred and sixty acres, as shall include their said possessions: Provided, however, That no person shall Limit. be entitled to enter more than one such tract, in his own right, under the provisions of this section. SEC. 18. That all claims arising under either of the two Filing of claims

under adverse next preceding sections of this act shall be filed with the possession. surveyor-general of the proper State or Territory within Time limit. two years next after the passage of this act, and no claim not so filed shall be valid. And the class of cases pro- judicated we

Not to be ad. vided for in said two next preceding sections shall not be Court of Private considered or adjudicated by the court created by this Landss ex

cluded from enact, and no tract of such land shall be subject to entry ffyd under the land laws of the United States.

Land Claims.

Approved, March 3, 1891 (26 Stat., 861).

By the act of February 26, 1909 (35 Stat., 655) section eighteen of the above act was amended as follows:

"That all claims arising under either of the two next Time limit. preceding sections of this act shall be filed with the surveyor-general of the proper State or Territory before the fourth day of March, nineteen hundred and ten, and no claim not so filed shall be valid.”

Provided, That the extension herein granted shall not Restriction. apply to lands within the limits of a confirmed grant or embraced in any entry completed under the public land laws prior to filing of a claim hereunder, nor shall its provision extend to persons holding under assignments made after March third, nineteen hundred and one.

SOLDIERS ADDITIONAL HOMESTEADS.

Page.

314

Revised Statutes, Secs. 2306–2307.-Persons who have had at

least ninety days military service during the War of the Rebel-
lion, and who prior to June 22, 1874, made homestead entry

for less than 160 acres may make additional entry..........
Act of March 3, 1893 (27 Stat., 593).-May perfect title by pay-
ment when certificate of the Commissioner of the General

Land Office is found erroneous....
Act of August 18, 1894 (28 Stat., 397).-Soldier's additional cer-

tificates declared to be valid.......

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er's addition:;::

315

UNITED STATES REVISED STATUTES.

have entered less

rights of.

minor children of

Persons who SEC. 2306. Every person entitled, under the provisions than 160 acres, of section twenty-three hundred and four, to enter a *June , 1872, 17 homestead who may have heretofore entered, under the 8., 333.

homestead laws, a quantity of land less than one hundred and sixty acres, shall be permitted to enter so much land as, when added to the quantity previously

entered, shall not exceed one hundred and sixty acres. Widow and SEC. 2307. In case of the death of any person who persons entitled would be entitled to a homestead under the provisions

of section two thousand three hundred and four, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvement therein contained; but if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title.

to homestead, etc.

Ibid.

ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

under soldiers'

Extract from the sundry civil appropriation act, approved March 3, 1893

(27 Stat., 593). Perfecting titles And provided further, That where soldier's additional additional home- homestead entries have been made or initiated upon cer

tificate of the Commissioner of the General Land Office of the right to make such entry, and there is no adverse claimant, and such certificate is found erroneous or

steads.

For Sec. 2304, see page 80.
June 22, 1874, date of approval of the United States Revised Statutes.

invalid for any cause, the purchaser thereunder, on making proof of such purchase, may perfect his title by payment of the Government price for the land; but no per- Maximum. son shall be permitted to acquire more than one hundred and sixty acres of public land through the location of any such certificate.

cates

sold

de

Extract from the sundry civil appropriation act, approved August 18,

1894 (28 Stat., 397). That all soldiers' additional homestead certificates Soldiers' certifiheretofore issued under the rules and regulations of the clared valid. General Land Office under section twenty-three hundred and six of the Revised Statutes of the United States, or in pursuance of the decisions or instructions of the Secretary of the Interior, of date March tenth, eighteen hundred and seventy-seven, or any subsequent decisions or instructions of the Secretary of the Interior or the Commissioner of the General Land Office, shall be, and are hereby, declared to be valid, notwithstanding any attempted sale or transfer thereof; and where such certificates have been or may hereafter be sold or transferred, such sale or transfer shall not be regarded as invalidating the right, but the same shall be good and valid in the hands of bona fide purchasers for value; and all entries heretofore or hereafter made with such certificates by such purchasers shall be approved, and patent shall issue in the name of the assignees.

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