Gambar halaman

Adverse claim.

the expense of the claimant, the register of such land
office shall cause notice of such application to be pub-
lished for at least sixty days in a newspaper of general
circulation published nearest the claim within the district
of Alaska, and the applicant shall at the time of filing such
field notes, plat, and application to purchase in the land
office, as aforesaid, cause a copy of such plat, together
with the application to purchase, to be posted upon the
claim, and such plat and application shall be kept posted
in a conspicuous place on such claim continuously for at
least sixty days, and during such period of posting and an
publication or within thirty days thereafter any person,
corporation, or association, having or asserting any
adverse interest in, or claim to, the tract of land or any
part thereof sought to be purchased, may file in the land
office where such application is pending, under oath, an
adverse claim setting forth the nature and extent thereof,
and such adverse claimant shall, within sixty days after
the filing of such adverse claim, begin action to quiet title
in a court of competent jurisdiction within the District of
Alaska, and thereafter no patent shall issue for such claim
until the final adjudication of the rights of the parties, and
such patent shal then be issued in conformity with the
final decree of the court.

Approved, May 14, 1898 (30 Stat., 413).


Revised Statutes.-Secs. 2450–2457—Entries on which there has been

substantial compliance with the law but lacking in some formality resulting from ignorance, accident, or mistake satisfactorily explained, to be decided on principles of equity and justice under regulations of the Commissioner, the Secretary of the Interior, and the Attorney General.

Cases of "suspended entries of

suspended pre

UNITED STATES REVISED STATUTES. pe cases of the susi Sec. 2450. The Commissioner of the General Land public lands” and Office is authorized to decide upon principles of equity emption land and justice, as recognized in courts of equity, and in acclaims.". we o cordance with regulations to be settled by the Secretary

Aug. 3, 1846, 9 8., 51; Mar. 3,1853, of the Interior, the Attorney-General, and the Commis10's., 258; 'June 28. 1856, ni's., 22; sioner, conjointly, consistently with such principles, all

Sin cases of suspended entries of public lands, and of sus50; Feb. 27, 1877, 9 19'8., 244. pended preemption land claims, and to adjudge in what

cases patents shall issue upon the same. Adjudications SEC. 2451. Every such adjudication shall be approved under above; how , approved. by the Secretary of the Treasury and the Attorney-Gen

Aug. 3, 1846, 9 8., " : keb. 27, eral, acting as a board; and shall operate only to divest 1877, 19 s., 244."' the United States of the title of the lands embraced

thereby, without prejudice to the rights of conflicting claimants.

June 1. 187

Aug. 3

8. Aug. 3, 1846, 9 Sions into two

Decisions to be SEC. 2453. The Commissioner shall arrange his deciarranged into classes.

sions into two classes; the first class to embrace all such 9 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. Patents to issue SEC. 2454. For all lands covered by claims which are first class, and placed in the first class, patents shall issue to the claimclasses to revert ants; and all lands embraced by claims placed in the to the United second class shall ipso facto revert to, and become part

of, the public domain.

for lands in the

lands in second



certain cases.

Mar. 3, 1853, 10 ConSIVU ve

Patents surren- SEC. 2456. Where patents have been already issued dered and new ones, issued in on entries which are confirmed by the officers who are

3. 10 constituted the board of adjudication, the Commissioner 8., 258.

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.

.. 22.

SEO. 2457. The preceding provisions, from section Extent of fore.

going provisions. twenty-four hundred and fifty to section twenty-four June 28, 1858, 11 hundred and fifty-six, inclusive, shall be applicable to S. 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 preemption 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.



Revised Statutes.-Secs. 2414–2415—Warrants assignable-To

be located on one body of land subject to private entry-If
value of land exceeds $1.25 per acre, difference to be paid in

cash-One location exhausts warrant........................
Sec. 2436.-All sales prior to issue of warrant are void. Secs.

2441-2444–Duplicate in lieu of lost or destroyed warrant-
Patent to issue in name of heirs if soldier dies after location and
before patent-If soldier dies after establishing right to war-
rant title, when issued, vests in widow, heirs or legatees. Sec.

5420—Penalty for forging or counterfeiting.....
Act of March 2, 1889 (25 Stat., 854)—Only lands in Missouri sub-

ject to private entry...
Act of December 13, 1894 (28 Stat., 594)—May be used at $1.25

per acre in desert-land and timber and stone entries, and in
payment for lands sold at public auction. A warrant may
also be used in payment of $1.25 an acre on commuted home-

.:.... 44, 46



ty-land warrants


* Military boun. SEO. 2414. All warrants for military bounty lands and locations as- which have been or may hereafter be issued under any si Mar. 22, 1852, law of the United States, and all valid locations of the 10- S.,,3; June 3, same which have been or may hereafter be made, are 1858, 11 s., 309.

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. Warrants locat- SEC. 2415. The warrants which have been or may ed at $1.25; excess paid in cash. hereafter be issued in pursuance of law may be located Mar. 22, 1852,

according to the legal subdivisions of the public lands in one body upon any lands of the United States subject to private entry at the time of such location at the minimum price. When such warrant is located on lands which are subject to entry at a greater minimum than one dollar and twenty-five cents per acre, the locator shall pay to the United States in cash the difference between the value of such warrants at one dollar and twenty-five cents per acre and the tract of land located on. But where such tract 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.

* 8 alos, mort; SEC. 2436. All sales, mortgages, letters of attorney, or gages, letters of attorney, etc., other instruments of writing, going to affect the title or made before issue anim of warrant to be claim to any warrant issued, or to be issued, or any land void. Sept 28, granted, or to be granted, under the preceding provisions 1850, 9 8., 521.

of this chapter, made or executed prior to the issue of

such warrant, shall be null and void to all intents and purposes whatsoever; nor shall such warrant, or the land obtained thereby, be in anywise affected by, or charged with, or subject to, the payment of any debt or claim incurred by any officer or soldier, prior to the issuing of the patent.

Secretary of In.

Sec. 2441. Whenever it appears that any certificate or New warrant is. warrant, issued in pursuance of any law granting bounty warrant. land, has been lost or destroyed, whether the same has s., 190;June 20

June 23, 1860, 12 been sold and assigned by the warrantee or not, the Sec- 1874, 18 s., 111. retary of the Interior is required to cause a new certificate or warrant of like tenor to be issued in lieu thereof; which new certificate or warrant may be assigned, located, and patented in like manner as other certificates or warrants for bounty land are now authorized by law to be assigned, located, and patented; and in all cases where warrants have been, or may be, reissued, the original warrant, in whosoever hands it may be, shall be deemed and held to be null and void, and the assignment thereof, if any there be, fraudulent; and no patent shall ever issue for any land located therewith, unless such presumption of fraud in the assignment be removed by the proof that the same was executed by the warrantee in good faith and for a valuable consideration.

SEC. 2442. The Secretary of the Interior is required to Regulations by prescribe such regulations for carrying the preceding sec- terior: tion into effect as he may deem necessary and proper, in order to protect the Government against imposition and fraud by persons claiming the benefit thereof; and ali laws and parts of laws for the punishment of frauds against the United States are made applicable to frauds under that section.

SEC. 2443. In all cases where an officer or soldier of the Mode of issuing Revolutionary War, or a soldier of the War of Eighteen her hundred and twelve, was entitled to bounty land, has titled to bounty died before obtaining a patent for the land, and where Mar. 3, 1843, 5 application is made by a part only of the heirs of such deceased officer or soldier for such bounty land, it shall be the duty of the Secretary of the Interior to issue the patent in the name of the heirs of such deceased officer or soldier, without specifying each; and the patent so issued in the name of the heirs, generally, shall inure to the benefit of the whole, in such portions as they are severally entitled to by the laws of descent in the State or Territory where the officer or soldier belonged at the time of his death.

SEC. 2444. When proof has been or hereafter is filed in Death of claimthe Pension Office, during the lifetime of a claimant, establishing, to the satisfaction of that office, his right to a before issuing of warrant for military services, and such warrant has not June 3, 1858, 11 been, or may not be, issued until after the death of the Son claimant, and all such warrants as have been heretofore issued subsequent to the death of the claimant, the title

patent to the heirs of perons en

, 650.

ant after establishing right and

S., 308.

« SebelumnyaLanjutkan »