Page:United States Statutes at Large Volume 43 Part 1.djvu/1044

 Sixrr-mourn CONGRESS. Sess. 11;. oe. see. 1925. 1013 CHAP. 363.———An Act Granting to certain claimants the preference right to Febmefy 7% 1925 purchase unappropriated public lands. Be it enacted by the Senate and House of Representatives of the pubiieismis. United States of America in Uongress assembled, That the Secretary W§;éj,;‘};“g‘;§,;§,gf;S§; of the Interior, in his judgment and discretion, is hereby authorized surveyed $ewetereevto sell, in the manner hereinafter provided, any of those lands situ- md mas' ated in the State of Wisconsin which were originally erroneously meandered and shown upon the official plats as water—covered areas, and which are not lawfull appropriated by a qualified settler or entryman claiming under tlie public land laws. Pmmnw ,,,8,,,,, ,0 Sec. 2. That any owner in good faith of land shown by the official Se¤¤er¤i¤se<>d fempublic land surveys to be bounded in whole or in part by such erroneously meandered area, and who acquired title to such land prior to this enactment, or any citizen of the United States who in good faith under color of title or claiming as a riparian owner has, prior to this Act, placed valuable improvements upon or reduced to cultivation any of the lands subject to the operation of this Act, shall have a preferred right to file in the office of the register and receiver of the _ United States land office of the district in which the lands are situ- Appmm, to be ated, an application to purchase the lands thus improved by them medat any time within ninety days from the date of the passage of this Act if the lands have been surveyed and plats filed in the United State land officeg otherwise within ninet days from the filing of such plats. Every such application must lie accompanied with satis- P¤>¤f<>fP<>¤eeSSi¤¤- factory proof that the applicant is entitled to such preference right and that the lands which he applies to purchase are not in the legal · possession of an adverse claimant under the public land laws. _ _ _ _ Sec. 3. In event such erroneously meandered land is bounded by ,,,£‘,§‘§,‘§{‘,_ °' °°“°“’ two or more tracts of land held in private ownershi with apparent riparian rights indicated by the official township plixt of survey at date of disposal of title by the United States, the Commissioner of the General Land Office shall have discretionary power to cause such meandered area, when surveyed, to be divided into such tracts or lots as will permit a fair division of such meandered area among the owners of such surrounding or adjacent tracts under the provisions ml;’§f;•;§§°p{§m%m§;; of this Act. In administering the rovisions of this Act, w ere there pmvemsms, ae. shall exist a conflict of claims falling within its operation, if any claimant shall have placed valuable improvements upon the land involved, or shall have reduced the same to cultivation, then to the extent of such improvements or cultivation, such claimant shall be given preference in adjustment of such conflict: Provided, That no i’*nqj·*•§; om apply preference right of entry under this Act shall  recognized for a emxamaae. greater area than one hundred and sixty acres, in_ one ody, to any one applicant, whether an individual, an association, or a corpora- _ _ _ tion: Provided further, That this act, shall not be construed as in 8b§ig;;;§¢ ngm ¤¤* any manner abridgin the existing rights of any settler or entryman under the public lane? laws. _ _ _ Sec. 4. 'Ihat upon the filing of an application  purchase any APP"’“’°l °‘l¤¤°*— lands subject to the operation of this Act, together with the required proof, the Secretary of the Interior shall cause the lands described in said a plication to be appraised, said appraisal to be on the basis { _ of the valine of such lands at the date of appraisal, exclusive of any m;"n“,;‘f,y gppggfg increased value resulting from the deve opment or umprovement eluded. thereof for agricultural purposes by the applicant or his predecessor in interest, but inclusive of the stumpage value_of any timber cut or removed by the applicant or his predecessor in interest. _ mma, md im, Src. 5. That an applicant who applies to purchase lands under olpareur. the provisions of this Act, in order to be entitled to receive a patent, must within thirty days from receipt of notice of appraxsal y the