Page:United States Statutes at Large Volume 18 Part 1.djvu/506

 434 Cl`1•rL¤ xxxu.——THE PUBLIC LANDS.-—11. 7. O¤>r¤in1¤¤d¤1¤— Sm. 2368. The Secrets. of the Interior is authorized to permit the °‘“°d i!‘€°°dW*h purchase, with cash or mll,lta.ry b0unty—l¤.nd warrants, of such lands as £;d;L“"Q:m“{}B‘€§ may have been located with claims arising undeg the qcvcnth clause of Sept. 30, 1854?may the second article of the treaty of September thxrty, pxghteen hundred bepurvhusvd, &¤- and fifty-four, at such Erica per acre as he deems cqmmble and proper "§ @,`]`;§Q but not at a less {rice t, an one sulfur ang] twang;}-lx: cents peracx·ez;1;¢l 357 . 17; . 340. the owners and olders of suc c aims in goo mt are a so perm: t ,v P to complete their entries, and to perfect their titles under such claims upon compliance with the terms above mentioned; but it must be shown to the satisfaction of the Secretary of the gntcrio{ that such claims gre helil b * innocent parties in good faith andt at the ocations ma c un er SHCI clhims have been made in good fslith and by innocgnt holders of the same. Mistakes in en- Sec. 2369. In every casa of a purchaser of public lands, at private salo, WY, of l°”d¤· P’°‘ having entered at the land-oihcc, a tract different from that he intended v""°"° fm" to purchase, and bein? desirous of having the error in hiq entry corrected, 3 Mu., 1819, c-. he shall make his app ication for that purpose to the l‘0g’lSt8l‘ of Qhc land- 98· "- 3» P- 526- 0Hice; and if it appears from testimony sa.t1sfa.ct0ry to the register and rcceiycr, Shin; 1.\.H Bl;l'O1i ln the erztry hgs bccé: néadgaand that the sarge occasmne >y.0r1g1na inc0rrec nmr s ma c y c surveyor, or y 1 oblitcmtion or change of the original marks and numbers at corners of the tract of Ismd; or thut it has in any otherwise arisen from mistake or error of the burvoyor, or officers of the land-oflicc. the registerand receiver shall report tho <·a.~1a, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which huvp been paid shall  be applied in the purchase of other lands m the same district, or cmdxtcd in the payment for other lands which have been purchased at the same office. Mimkw in PW Sec. 2370. The provisions of the preceding section ure declared tu extend "’“° 1““d" _ to all cases where patents have issued or may hereafter issue; upon con- 24 May, 1828, c. dition, however. that the mrtg concerned surrenders his patentto the Com- 96, V· 4» P- 301- missioner of the General n -OfHcc, with u relinquishment of title there- 0n, executed in a form to be prescribed by the Secretary of the Interior. Mintakesinloca- Sm:. 2371. The provisions of the two preccdinq sections am made appli· {lon of warrants. cable in all respects to errors in the location of and-warrants. 3 Mar., 1853, c. 147, s. 2, v. 10. p. 257. Ermr in ¤¤¢¤’y Sm. 2372. In all cases of an entry hereafter made, of struct, of land not
 * g`;:“*;k°°f“1;;'gg lnbanged to he cntcreg, bpé a migtakc of the true numbers of lhs tract

upon mt;en ed to p cntere, w crc t c tract, thus erroneously elnjzex cd, docs ncl;, m qunnuty, cxcccd one half-segtmn, and vqhcnju thq cm·t1i1cate of the 138 B 1*};; 4  original purchaser has not been assumed, or hm r1 ht 1H any way trans- ’’’p'ferred, t sa purchaser, or, in casa ofrhis death, the legal repres¢-ntutives, not being assiinees or transferees, may, in any case coming within the provisions of t is section, file his own affidavit, with such additional evi- ence as can be procured, showing the mistake of the numbers of the tract 1hte,nded to be entered, ahd that every reasonable precaution and exertion had bgen uscd to  avoul the error, with the register and mcciver of th0lun{l—d1str1cl;with1n which such tract of land is situated, who shall tmpsmm tl`lB €VldGHC€ Sllllllllttkd tg them in each case, together with their vqrlttan opinion, both us to lhs: existence of the mistake and the cmdibility of aacl&pers0nte§t1fy·rng thereto, to the Commissioner of the General Land-O ce, who, 1f he be entirely satlgflcd that the mistake lms been made, and that eyery reasonable Eracauuon and 6X0l'€l'l',l0|] had been mud: E0 avczid 1g, ns auth0rized to c aug; tho 0;:91*)*, and transfer the pay- men rom .1c mct erroneous y entere to t t intend d to be tcred if unsold; hut, if sold, to any other tract’liabl0 to entry? but theehlath 0% the person xnterestegl shall ln no casa be deemed sufficmnt, in the absence of other c0r1·0bpmting @cst1m0n y, to authorize ani; such change of entry;   noé ;2al; ;3;ytging harem confzunegdgxifcct the rgg 1: of tllirg pcngns.  _ . 4 . V6l‘y person W l0 v ure 01* ut, t c time 0 t 0 pu lc sa 0 E*£ ;Q*§?£iL;? of xgé of {hc; lagnds of the lélnitézh States, harsnins, cgntnwwts, or1g1‘0T, my O!` mp S 0 M'g`=1I¤,G0l1 1°¤:c 0l‘ agree wit.1 nnyot ar rson t att 0 - -——— — ———— Iastmamcd person shall not b1d hpou or purchase the lung: so oflered for