Page:United States Statutes at Large Volume 44 Part 1.djvu/1391

 1377 TITLE, 43;-PUJ been pnrchesed at the same emce. (R, S. 5 2369; Mar. 8, 1925, c. 462, 43 Stat,e_1ri~5.). ., 1 694. Mistakes in patent lands.-·-The provisions of the pre- 4 ceding {section shall extend to all cases. where patents. have · issued or may hereafter issue; `upon condition, however, that the party concerned sigrrenders his patent to the Commissioner l ef the General Lend Ofnce, with a `relinguishxnent of title thereen, executed in afcrm to be prescribed by the Secretary ef the Interim; (R. S. § 2370.) _ .‘ _ · J _ ‘ 655.* Hietakes in location of warrants,—The provisions of the me preceding eéctiens are made applicable in all respects to “ errers in the location of land-wW·rants.· (R. S. 5 237l.) j 696. Agreements `tn pay- premium. to purchasers.-It any i permn before, or at the time of the public sale of any of the liilldé of the United States, enters into any c0utract,.bargain, agreement, er secret nnderstandingwith any other person, ` prenesing` tb purchase such land, to ;nofor.give to such pur-` chasers for such land a sum of money or other article of propaerty, ever nndabove the price at WlliC11_t]18 land is bid orrby » such pnrehasrs, `every such éaoutract, bargain, agreement, or secret understanding, and every bond, obligation, or writing b ef any kind whatsoever, founded upon or growing out or-me , ernne, shall be utterly nnll and void. (R. S. 5 2374.) . · 697. _ Errer in entry, eelectioii "nr`l0cati0ri-by mistake bf num- · . bers; precedure where Srral entries have been canccled.·—-In all canes Vn·here`an entry, eelection, er location has. been or shall bernade of a tract 'bf la11d_`n0t intended-. to be entered, the entrytnen, selector, or locator, __0r, incase ot his death, his legal t representatives, er, when the claim is by law transferable, his. f er. their trangerees, may, in anycaee coming within the prog M visions of this section, ille his _0r their andavit, with 'such t additional evidence es. can be procured showing the mistake es 'te the nnmbers of the tract§lntende'd to be entered and that every reasonable precaution and exertion was {used te avoid the error, with the register of the land district in which euch _' tract met land is sltnate, who shal1 transmit the evidence sub-. naitted to them, in each case, together with his written oplnfon beth as » to the existence of the mistake and the credibility et every person teritifylng thereto, to the Commlsslenér of the General Land Q$ce, whe, it he be entirely eatiwed that the mistake hee been rnade and that every reasonable precaution and exertion han been made to avoid it, js authorized to change tbcjentry and transfer the Payment from the tract erroneously entered te that intended to be entered, it the name-has net been tlispexd ei and la subject to entry, or, if gl; 8illQ$§},§,$é€;3`ti‘$'• then te any other tract liable to such entry,we*é“lectlen," or loca? tina; but the eath et the pe'reez1‘lntereete~d‘·’sha1l.tn"n0 cam. enmeient, ln the absence of other cerreberatlng test!-·» meny, te authorize auch change get entry, me  anything herein eentalned anect the right, at third mraene, b  u  In all canes where a Anal entry bt pnbllc lands`, has been cr. may be canceled, and meh entry is held by the Land Department er by A eenrte! competent jurisdiction tehave been canilrnzed nnderjeectlen 1165, lf the land has been disposed of to or appreprlated by a claimant under the lhemeniead nr deeertdand learn, yer patented te a claimant under ether rpnblleland meg, the Secretary et the Interier is authorized, in his discretion, and under rules to be prmribed by him, te change the entry and transfer the payment te any ether, tract at enrveyed public land, nenminerat in ·character,—  treme lawful claim, and etherwlee eabject te general disposition: Provided, That! the Q entryrnan, his helra, er assigns Shall me a relinquishment ct. all fight, title, and interest in and to the land nrlglnally entered _: Provided further, That ne right ser elalm nnder the previeiena ef this mragranh shell be aerlgnable er trannerable. `( Ru S; § %?2; Feb. 2, 1909,. c. 181; 85 Stat. 645; Jan. 27, 1%%, c. 83, 42 Statsswg Mar. 3,1925, c.~462, 43,Stat. 1145..) a S£279*—-26+--487 l,  E

BLIG BANDS s e § 7],3 698. Recovery of premiums paid.————·Every person being a party to such contrect, bargain, agreement, or secret nndcr· tending, who, pays to such purchaser any som of money or other grticle of value, over and above the purchase money of such land, may sue for and recover such excess from such porrchaser in any court having jurisdiction of? the same. (R. S. § 2375.) A. . b, t { I , _ 699. Bill for discovery of agreements.——~It’ the party taggrieved have no legzil evidence of such contract, bergsin, agree ment, or secret understanding, or,o£ the payment of the excess, hermay, by bill in equity, compel such purchaser to make discovery thereof; and if in such case the complainant shell eek for relief, the court in wl1ich·tl1e~ bill is pending may preeeed to final decree between the parties to the same; but every such suit either in law or equity shall be ccrnmenced within six yearsfnext after the sale of such land by the United States. (R. S. § 2376.).. " _ ·  *‘ _ 700. Private entry of lands forbidden; exceptions.—No‘peblic lends `of the United States, except those in the State of Missouri shell be subject t6`private.entry. (Mer. 2, 1889,1:. 381, § 1,25 Stat. 854.) ’ K, Ohdpter ,17.-RESERVATION AND SALE OF TOWN · i SITES ON THE PUBLIC LANDS. Sec. · S · = p . ._ T11.: Town site  to be reserved. 712; Reservations surveyed intorlotst . 713. Town or city~ sites. _. 5 - 71,4. Towns. established on tmsnrveyedlands; extension. limits. 715. Transcript maps not tiled in twelve months., 716. Slzc,oi' lots or plat varying from general rule. · 717. Title to lots snbject ;O°_i¤G1'8I rigitg. .. *’ 718. Entry of town authorities `in treat for occupants. - 719. When entry is to be made. ` - , . 720. Entry in proportion to number of inhabitants. 723,. ‘_Act¤ e·vv ob trustees. _ _; · 722. lTltle`hi·qui,redto· nlines or mining claims. 723. Aiilitary orother reservetione. - 724. Inhabitants of townseo public lands; right to cetera- 725. Quantity of had excluded _£ro1n_beruestend entry _. 726. Town site excewiog maxtmem; excess opened to settlement,. 721. Town site less than `maximorn ;. additional- entry. ‘ _ r 728;_ Town-site entries on mineral lends; title to minerals and claims _ not required. ‘ . _ » · _ 729. Entries by cities and town; for cemetery codperk pm·pescs.· T30. Patents to trcnstereee of town tots percbesed at public sale. Section '711{ Town étes to be rwerved;———-The President is authorized to reserve from the public lends, whether surveyed or nnsurveyed, town sites on the shores ot harbors, et the junction of rieers, important portages, or any nattirsl or pros·» pective centers of population. (R. S.; 5 @80.) t _ 712. Reservations surveyed into lotse-gwheni, in the opinion of the President, the pnblic interests rcqnire it, it sbs!}. be the _” dirty of a the decretsry of the Interior to cause (any ot, such reservations, or port thereof, to be surveyed into urban or suburben lots of suiteble sire, end to _ dx by spprsisement of disinterested persons their cosh value, and to oder tbe same for sale at public outcry to ‘ the cbighest bidder, and thence afterward to M held object to sele at private entry according to suehl regulations es the Secretary of the Interior may preQ- ‘ scribe; but no lot shell be disposed of at public mic or private entry for less than theeppreised relive thereof. And all sech i soles shell be conducted by the register of the lend omce in the district in which the reservations may be situated, in l accordance with the instructions of the Corno.1issioner’ of the General Lend OEce. (R. S. 5*2381} Mer. 3, 1925, c. 462, 43 Stat. 1145.) _ _ i 5_ 1 - { 7131 Town or city sites.--—·In eny cose in which parties here already founded, or may hereafter desire to_ found, a city or town on the public, lends,. it may be lswfulffor there to cease to be died eveith the recorder for the county’in which the seme l 3