Page:United States Statutes at Large Volume 44 Part 1.djvu/1418

 §· 1043-. . !'ITLEn$8.-·-—Pl project under said laws shall be equitably apportioned among all lands held in private ownership, all unentered public lands, and all lands embraced in nnpatented entries aiectm hy such project. Omclally certided lists showing' the amount ot essays · assessed against each mnllest legal subdivision of `snch lands shall be furnished to the regster of the United States land dllice of the district in which. the lands »aEectéd are situated as soon as said chargesvvonld become fa lien it the lands were held ln` private ownership. (Jan. ·17, 1920, c.§l’{,§&41Stat.m.) · I Q   ‘ P ? 1843. Lim` of aswments; enforcement; sale of Isnds.—All charges legally asmsed pursuant, to the drainage laws of the State of Arkansas? by a drainage district against any unentered public rlands, or against any lands embraced in ¤unpatented entries, subject to the provisions, of this division of _ this chapter,_shal1 be a lien upon, said lands, which may be enforced by sale in the same manner and subject to -the same conditions, except as hereinafter, in" this _— division- of this chapter,  forth, under which said charges shall be enforced against lands held in private ownership, and whenever any of said lands shall be sold for nonpayment of such charges, inclusive of lands bid infor ·a drainage district,; a, statement showing; the name of _` the- purchaser, ithe price at which each legal. subdivision was sold, the amount assessed against lt, together with penalties and interest; if any, and the cost of the sale, and the amount of excess, lf any, over and above all lawful assessment charges and the costtof sale, shallrbe odicially certified to the register of the ·United_·‘States land' ofdce of the district in which the··_ lands arei situated limnsedialely after the completion of such sale, but nothing in this division of this chapter shall be construed as creating any obligation on the United States to pay any of? said charges. (Jan. 17, 1920, c. 47,`§ 3, 41 Stat:,·393.)_— ’ 1844., Excess of priceof 'lands sold to enforce lien of assess- E€I\tS.—···.All'IllGH(¥}'S received from the sale of entered_0r` unentered lands subject to the operation of this dlvisionof this chageterfwhich shall be in. excess of assessments due thereon, together with mnaltles and interest and the cost of the sales, ’éall be paid by the proper county oEcer to.-the register of the United- States land office of . the district in which the lands are situated, and such excess moneys. shall be covered into the United $tates Treasury as proceeds from the Ysales of publiclands. (Jan; l7,°1920, c. 47, § 4, _41 Stat. 393;) ._ - - _ " 1045. Patents to purchasers at sale of lands to enforce assessments.-——At any time within ninety days after the sale. of nnentererl pnhlic lands and at any time within ninety days after the expiration of the period of redemption providedefor in the drainage laws under` which the landsare sold, no‘re> demptI%nn having beenmade, after the sale of lands embraced within patented entries, thepurchaser at such sale, a drainage district being herein expressly excepted from the operation of this provision,. shall; upon the tiling of an application therefor and an ailidavlt containing proof of necessary qualiiications with the register of the United States land office, and upon payment to the register of the price of _$5 perlacre, toaether with the usual fees and commissions charged in entry of lands under the homestead laws, be entitled to receive a pateritze Provided, That such purchaser shall have the qualidcations rc1 quired inrnaking-entry of lands under the homestead. laws, and any suchdapurchase shall exhaust any further homestead right of the purchaser to the extent of the amount of lands thus purchased %him. _ Not more than one hundred and sl-ity acres ot such lan  s1.m1rne soldand patented to any one purchaser under the provisions ot this division ot this chapter. l his limitation shall not apply to lands subject to the operation of this division ot. this chapter which may be bid ln for a drainage district, but no patentshall be  to `ln drainage disrtrict or to any one bidding in mid lands for n drainage district. The proceeds derived by the Gover t shall be covered into

EIBLIO LAND8 1404 the United States Treasury. and applied as provided by law for the dimeal ·-of the proceeds from the" sale oi publie lands. (Jan. 17, 1920, c. 47, { 5, 41 Stat. 3%.) ‘ _ j _ _, 1046. Patents to qaalided homestead entrynnen on failure of ‘~ ` purchasers at sale to sp$y fer. p•tent¤.··5—Unlem the purelmeep ehallwwithtn the dma speciied in eectien-1045 of this division _· - of this chapter, tile with the register ot the United States land omce an appllmtien for a patent, tegether with ’tbe· required atlldavit, - and make IE)’1I¥€§t. of , the ·pnrchase price, _. tees, and commissions an. provided in said section 1045, 1 any person having the qualtacations ot an - entryman under the homestead lavvs, may ile - an application for a intent, together with the required e&davlt, and upen payment to thejregieter of the purchase prlee of $5 per acre, tees, and `coxnmissiona, and an addition thereto. anfamount equal to the drainage charges, penalties, interest, and ceets fer which. the landswere sold; and it the lands were bid ea for the drain; age district, an additional amount equal to 6  centum per ,. · annum on me gsium for-— which the lands were seld-from the date`_of such sale, said applicant shall, become eabrogated to the rights offsucli purchaser and shall be entitled`to_1*ecelve~ a, patentefor not morelthau one hundred and sixty aeres of said lands. When payment is made V. to .e¤ect subrogatien as herein provided the register ot. the United States land owe shall serve _ notice upon the purchaser that an application for intent for - · the lands- purchased by him he been tiled, and that the ameant of thendrainage charges, penalties, interests, and costs of the sale will, bepaid to him up0n_subm_isslen of proef of purchase und payment. by him ot‘—_ sziid°"sunts. '1The`re.gister shall make auch payment as soon as said requirement shall have been¤fulillledi "If the lands were bid in for a drainage district, `the register will pay- to the proper county officers the ameunt of the drainage charges; penalties, and interests and enste of sale, together with the additional sun} of 6 per cenmm per annum, to whieh said dra·inage dlstrlet is entitled. All remaining moneys to which the United States may be entitled shall be covered into the United States Treasury and applied as provided by glaw for- thevdisposal of the proceeds from the sale of public G lands. .(Jan. 17, 1920, e. 47, { tl, 41 Stat. 393.} - '__·, ..1947. Copies of notices required by State drainage laws; rights of United States and mtryrien.-e»-A copy ot all notices r@uired by the cH·5inage‘ laws of the~State of Arkansas, to he given to the owners and occupants of lands_ held in private ownership shall, as soon as each notice is lxnedybe delivered to the register of the.-United States land 0Eee of the district in which the lands are situated where any of the lands subject • _to· the operation of this division got this chapter are adected, and me United States and the entryman elaimingynnderthe public land laws of the United States shall be accorded the — fesame rights to be ··heard· by petition, answer, remenstranee, · appeal, or otherwise, ae are given to persnns holding lands: in private ownership, and all entrymen shall be given. the same rights of redemption as are given to the owners of land held in private ownership. (Jan. 1'2', 1920, c. 47, §. 7, 41 Stat. 394.). 1048. Lands not aEe¢ted.4-·’I‘his division of this chapter shall not; be effective as to any lands involved insults instituted on ‘ behalf of- the United States with a view` to quieting`_ti_tle in the Government tosuch lands until and unless suqn suits shall he dually determined ln favor of- the United States. (Jan. 17, 1920, `c. 47, I 8,*11 Stat. 894.) A - · Chapter 25.-·-·—UN'L.&¥VFUL INCLOSURES OR -0CCU- PANOY; OBSTRUCTING SETTLEMENT ·0R __fI‘RANSlT. 1061: ·Incle¢ure_•t or assertion. et right to public lands without title. JM2. Balm ter violation; ot law. ‘ _ ,1088. Obitsuctioa ot settlement en er transit over public lands. 1061. Violations ot ehaptm} punishment. ` 10Q»5. Summary removal of tnclosurea. · 1066. Pemlmoa qt Secretary to sue. .