Page:United States Statutes at Large Volume 44 Part 1.djvu/1425

 1411 www 4.1.-rz it it shall ippatr to the·mtii¤fnction`o£ the Commissioner ot the General Land O¤ce that such `certwcdte has been fairly obtained, •ccoi·d1‘¤g.~t0 the true intent and `iheeuing ot this sectioh, s patent shall issuegas in other cases, to the name gf tw locdtor or_ his legal _1'Q¥H'ES€DtddV€. _ The pmvigious ofghis erection zwpecting. the assignment and patenting ot scrip and its nppliéatiou to preempttou and homestead claims hall. apply to the indemnity certincates of location provided for by the Act of the 2d of Jooe,_1858,_em;iued f‘An Act to provide e for thelocation of éertaiu cohiirmed private land claims in the State of Mismuri, and fo? other`.purp0s}es."` (Jan. 28,_ 1879, o. 30, SS 1, 23, 4, 20 Stat. 274, 275,) ’ . - _ —’ 1155. Patents for. loutions under certilicates made prior to January 28, 1879.—Ifsh:1l1 be lawful for the Commissionérof the General Land Office tojcause? patents to be issued, as evidence of title, for all valid locations made with land sorip ` issued pursuant to decrees of the Supreme Coutt of the United, Stetos, which valid locations were made prior tof January 28, 1879,,- in the same manner that patents are issued under the provisions of the preceding section. (May 30, 1894,; c. 87, 28 o Stat. 84.) ` -_  _ _ DiSPO_SITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND ADEFECTIVE, CLAIMS AND PATENTS THEREFOR " * ·  .· _‘ · 1161. “SuCsp endcd entries of public lands ” and ‘¥suspendedpreemption lam! claims.”——The Commissioner of the.Qenérin1 Land Oflioe is autlxorized to decide- upon principles of equity ‘ audjtxstice, as recognized iu. courts of equity, and in accordence with regulatiousto be a.pp;·ovek1_·by the- Secretary of the Interior, consisxtmntlyi with suéh principles, all eases uf. suspended entries of public lands imd of suspended preemption ,181ld-Qi§1ilDS,·8Bd fo aéjudge in what casosjasttents shall issue. `upop the same. (R. S.} 2450; Feb. 27, 1817, ·c._69, 5 1, 19 Stat. 244; Sept. 20, 1922, c. 350, 42`Stat: 857.) · ·` ` Every {such 'adjuglioatiou shall  approved by the Secretary of the Interior and eball operate only to qivest the United States of the title to the land embraced thereby; without prejudice to the rights of cmxtiicting clhttxiapts. (R. S. 5 2451; Feb;  1877, c. w, { 1, _19 Stgt. 244;- Sept. 20, 1922,*0; 350, 42Stat.858.)    t n l .`. . ` 1163. Pateuté surrendered and new onee issued.-——Where pint? eatin hive been already issued on entries which are approved by the ·&<‘;1—etm·y ot the Interior, the Commiesiouér ot the General Land Oi§~<:o,_ upon the oancelingo ot the outstanding potent, is authorized to issue 8, new patent, 013- such approval,. to the ’%i"SOB who `made tho`~ entry, his heirs or ‘·aLss1g¤s. (R. 8. § 2456; ;Sept. 20, 1922, ct. 850, 42 Stat. 858.) -· 1164. Extent of foregoi¤g,provis}¤1;s.——e;The thfvé Difécediug sections had section 3.171,- shall be applicable to all eases of susmxaded entries l!$d°l0C$ti(#BS. which have ari&¤. tri the General Land  since the 26th day of June; 1856, as Well as to all méee of- a similar kind which ntqy h wzafter ocotnr, embracing as well ·locatious uxider ‘ bounty-lag warrants as ordinary entries. or mix, tncfudiug hcmgeetead entries ang! §l'B€&ti¢}!rl0@[i0B8401’_€8Sé8§ where-the low has been substantially complied with, and the error} or igaformdlity, arose 1'rom'1guoi·auoe, qcctdoxnt, or mistake which is ¤atisfacte1·"i1y‘ explained; gud wtxere the . tights of no other claimant yp p1je·· emptor are -p1—ejudic&,_ or www there is_ no Adverse tclaim. · 1165. Suspension of atrics for eorrectim of ekricnl eriors`; y Ntwts.-5-\&’hcncver it shut! appear to  Commimioner of the-_ 3 General Land Omoo that n clerical error has been commictokl in the entry ot qixyot the ptiblic lahdé such entry maybe sus-~ Pémiéd. ¤§on moper uotidatioxt to the claimant, through the loca1.kud‘o¤ee, uotil tbeerfor has been corrected; and all
 * 1162. Adiudicgtioxts as to suspended entries gv .. apptoval.-e

YBLIO LAND8 § 1172 entries made under the preemption, homestead, desert-land,,.s>r timber-cnltnre laws} in which ilnal proof and payment may have been made and certidcatps issued, and to which there are no .adverse..claims originating prior to Hnal entry and which have been sold orincumlziered prior to the 1st day of March, 1888, and after fmal entry, to bona tide purchasers, or incumbrancers, for a valuable c0nsideratio_n, shall unless upon an investigation by a Government agent, fraud on the part of the purchaser has been found; be coniirmed and patented upon presentation. of satisfactory proof to the Land, Department of·Sl1Cll sale or incumbrance: Provided, That after the_._lapse"ot_ two years from the date of the issuance of the registefs receipt upon the dual entry ot ny tract of land under `the homestead,-timber-culture, desert land, or ‘precmp» tion laws, or under the->.Act of March  and when there 'shall be no pending contest or protest ag inst the validity of such entry, the·entryman‘ shall be entitled ·to a patent con-, ycying the land by himentered, and the same. shall belissacd to hixn;·_but this proviso shall not be construed to requires the delay of two years from the- date of said entry, before the aissujng of a patent therefor.-, _ (Mar. 3, 1891,_`é. 561, §§. 1, 4, 7, _26 Stat. 1095; Mar. 3, 1925, c. 462,, 43 Stat. 1144.) · ` _1166. Limitations of suits to annul patents.-Suits by the United States to vacate_ and annnl any patent, shall only he brought within six- years after the date of the issuance of auch patents. .·(Mar. 3,*1891, Q, 561, 518, 26 sm. 1099.) 1 . _ -1167. -'Entri$  final proofs, made out of proper district, ·con£rmed.—4Whenever· it shallappear to the Cornmissionen of ‘ the Genera1=Land Office that an error was made prior to March 9, 1904, by the OmC€1‘S‘0f_ any local land °@ce in receiving any application, declaratory .statemen¢tQ, entry, or dna! ·pm0r¤ under, the homestead or other land, laws, an that there was no fraud practiced by the entrymamfandl thattthere are no prior adverse claimants to the land described -in the entry, and that no other. yreasont why the title should-not vest in the entryinan exists, except that said application, declaratory statement, entry, or proof was not made within the land district in which the lsmls applied for were situated, as provided by `section 254, such entry or proof shall be confirmed. (Mar. 9, 1904, c. 503,¤§ 1, as stan:. 64.) · _; ·  ' ’ _. SQLES OF ISOLATED TRACTS 1171. Sale of isolated or disconnected tracts not exceeding, one qnarter section.?-It shall be lawful for the Commissioner of the General Land Qme to order into market and sell at public auction, at the land omcc`of the district .in` which the -n-land lg situated, for not less than $1.25 an- acre, any isolated or disconnected tract or parcel of the, pahlic domain nat—_e$:cee<l;·. Tine one quarter aection_'which,_ in his judgment, it would be proper to exposetor sale after at least thirty days’ notice by the land oGcera of the- district in which such land may be situated: Pvjovidad, That any legal subdivisions of the publtc .land,` not exceeding one quarter-Scction, the greater part of which is mountainous or. too rougl1.for`cnltivation, may, ln the discretion of said commissioner beordered into the market and sold pursuant to this section upon the application of any person who owns lands or holds a ralid entry of,. lands adjoining such tract, regardless ot, the fact that such tract may not he isolated, or diswnnected within the meaning ot. this raection:»Provided further, `That this section shall notdefeat any vestedlrlght whichlhaa attached under any pending entry or location. . (R. . .8. ·§ 2455; Feb. 26, 1895, c. 133, 28 Stat. 687; June 27, 1906. c. 3554, 34 Stat. 517; Mar.·`%, 1912, c. 67, 37 Stat. 77.) _ _
 * 1172; Sale of ceded Chippewa Indian Banda.-;—The pbvlsions

of-section 1171, relating to heaale of isolated tracts of the public domain, are extended and made applicable to ceded. Chippewa Indian landa in the State ot Mlnllftsvtaz .Provided, That. the provisions ot this section shall `not, apply, to lands