of township plats or diagrams, with an additional sum of one dollar for the Commissioner's certificate of verification with the General Land Office seal; and one of the employés of the office shall be designated by the Commissioner as the receiving clerk, and the amount so received shall, under the direction of the Commissioner, be paid into the Treasury; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish. 13 Stat. 375; R. S. 461. Lane v. Bommelmann, 17 Ills. 95; Lacy v. Davis, 4 Mich. 140; Gilman v. Ripela, 18 id. 145; Clark v. Hill, 19 id. 356; Boyd v. Stambaugh, 34 id. 348; Ansley v. Peterson, 30 Wis. 653; McLean v. Bovee, 35 id. 27; Kelly v. Wallace, 14 Minn. 336; Washburn v. Mendenhall, 21 id. 332; Barton v. Murrain, 27 Mo. 235; Railroad Co. v. Moore, 37 id. 338; Stephen v. Westwood, 25 Ala. 716; Smith v. Mosier, 5 Blackf. (Ind.) 51. Cir. G. L. O., July 20, 1875. in States where SEC. 37. That public lands situated in States in which Entry of lands there are no land offices may be entered at the General there are no land Land Office, subject to the provisions of law touching the offices. entry of public lands; and the necessary proofs and affidavits required in such cases may be made before some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record; and moneys received by the Commissioner of the General Land Office for lands entered by cash entry shall be covered into the Treasury. 19 Stat. 315; 20 id. 201. to perform duties SEC. 38. Upon the discontinuance of any surveying dis- Commissioner trict the authority, powers, and duties in relation to the sur- of surveyor-genvey, resurvey, or subdivision of lands therein and all mat- eral, &c. ters and things connected therewith, as previously exercised by the surveyor-general, shall be vested in and devolved upon the Commissioner of the General Land Office; and deputy surveyors or other agents under his direction shall have free access to any field-notes, maps, records, and other papers, turned over to the authorities of any State pursuant to law, for the purpose of making copies thereof, without charge of any kind. 10 Stat. 152; R. S. 2219, 2220, ion in contested SEC. 39. Appeals from the decision of district officers in Effect of Comcases of contest for the right of pre-emption shall be made missioner's decis to the Commissioner of the General Land Office, whose de-pre-emption cision shall be final, unless appeal therefrom be taken to the Secretary of the Interior. 5 Stat. 456; 11 id. 326; R. S. 2273. Barnard v. Ashley, 18 How. 43; Garland v. Wynn, 20 id. 6; Lytle v. Arkansas, 22 id. 193; Harkness et al. v. Underhill, 1 Black, 316; Lindsey v. Hawse, 2 id. 554; Minnesota v. Batchelder, 1 Wall. 109; Litchfield v. Register and Receiver, 9 id. 575; Johnson v. Towsley, 13 id. 72; Warren v. Van Brunt, 19 id. 646; Shepley et al. v. Cowan et al., 1 Otto, 330. 1 Op. Att. Gen. 201. Laughlin v. McGarvey, 50 Cal. 169. cases. of entry becomes SEC. 40. Where bona-fide settlers, under the homestead or Where claimant pre-emption laws, have, subsequent to the date of filing their register or applications to enter not exceeding one quarter-section ofceiver. re Power to regulate costs of sur cases. public lands, been appointed a register or receiver of the land office of the district in which the lands are located, proof and payment must be made to the satisfaction of the Commissioner of the General Land Office. 17 Stat. 10; R. S. 2287. 4 Op. Att. Gen. 223; 7 id. 647. SEC. 41. The Commissioner of the General Land Office vey and publica- shall have power to establish the maximum charges for surtion in mineral veys and the publication of notices under the mineral laws; and in case of excessive charges for publication he may designate any newspaper published in a land district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper. 17 Stat. 95; 19 id. 52; R. S. 2334. Commissioner to fix minimum SEC. 42. Whenever any reservation of public lands is price of reserva- brought into market, the Commissioner of the General Land tion restored to Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of. market. Correction of erroneous description in entries. Regulations for 13 Stat. 374; R. S. 2364. SEC. 43. In case of mistakes in description, the Commissioner is authorized, upon prescribed proof, to correct entries of public lands, where the same do not exceed one half-section, and where the certificate has not been assigned. 4 Stat. 31; R. S. 2372. Wilson v. Byns, 77 Ills. 76; Corwan v. Johnson, 29 Mo. 84; State v. Commissioner, 17 Wis. 248. SEC. 44. He shall prescribe regulations for the conduct of sale of town lots. sales of town lots at public sale and by private entry. Approval of surveying contracts. Commissioner's 12 Stat. 754; R. S. 2381. Leech v. Ranch, 3 Minn. 448. SEC. 45. The Commissioner shall approve all contracts for the survey of the public lands. 12 Stat. 409; R. S. 2398. Maguire v. Tyler, 1 Black, 201; Parke v. Ross, 11 How. 362; McKee v. U. S., 1 N. & H. 336. SEC. 46. The instructions issued by the Commissioner of instructions the General Land Office not in conflict with law shall be deemed part of contract for sur- deemed part of every contract for surveying the public lands. veying. Price of sur Accounts of 12 Stat. 409; R. S. 2399. SEC. 47. Subject to the statutory maximum, he shall fix veys, how fixed. the price per mile for public surveys, and he shall instruct costs of survey- the surveyor-general as to the mode of keeping accounts ing private land and making reports of the cost of surveying and platting private land claims. claims. Instructions for 12 Stat. 409; 18 id. 384; R. S. 2400. SEC. 48. He shall instruct the surveyor-general as to the surveys upon de- survey of any townships upon the deposit by settlers of the cost thereof. posit. Augmented of lands covered 12 Stat. 410; R. S. 2401. Cir. G. L. O., March 5, 1880. SEC. 49. The Commissioner of the General Land Office rates for surveys may authorize, in his discretion, public lands in Oregon, with forests, &c., densely covered with forests or thick undergrowth, to be surveyed at augmented rates, not exceeding eighteen dollars per mile for standard parallels, fifteen dollars for townships, and twelve dollars for section lines. in Oregon. 16 Stat. 304, 305; R. S. 2404. Decision Sec. Int., June 16, 1879. SEC. 50. The Commissioner of the General Land Office, Ibid. for Caliin his discretion, may hereafter authorize public lands in fornia and Washington. California and in Washington Territory, densely covered with forests or thick undergrowth, to be surveyed at augmented rates, not exceeding eighteen dollars per linear mile for standard parallels, sixteen dollars for townships, and fourteen dollars for section lines. 17 Stat. 358; R. S. 2405. Decision Sec. Int., June 16, 1879. SEC. 51. When geodetic surveys in Oregon and Califor- Regulations for nia are authorized by the Secretary of the Interior, the geodetic surveys. Commissioner shall prescribe the regulations and terms for the execution thereof. 9 Stat. 496; 10 id. 245; R. S. 2409. SEC. 52. Under the direction of the Secretary of the In- Compensation terior, the Commissioner may allow compensation by the day surveying for for public surveys in Oregon and California. in Ore gon and California. 10 Stat. 247; R. S. 2411. SEC. 53. The Commissioner shall prescribe regulations Regulations for for the making and execution of assignments of military location of land assignment and bounty-land warrants, and for the location thereof. 10 Stat. 3; 11 id. 309; R. S. 2414. Bouldin et al. v. Massie's Heirs, Wheat. 122. Nichols v. Nichols, 3 Pinney (Wis.) 174; Price . Johnston, 1 Ohio St. 390; Duke v. Thompson, 16 Ohio 34; Mock v. Brammer, 28 id. 508; Dupre v. McCright, 6 La. 146; B. & M. R. R. Co. v. Clingman, 23 Iowa, 306; Waters v. Bush, 42 id. 255; Dyke v. McVey, 16 Ills. 41. Decision Sec. Int., March 1, 1876. warrants. to locate land warrants. SEC. 54. Pursuant to regulations to be prescribed by the Commissioner Secretary of the Interior, the Commissioner shall cause to be located, free of expense, military bounty-land warrants transmitted to him for that purpose by the holders thereof. 9 Stat. 521; R. S. 2437. Decision Sec. Int., March 1, 1876. SEC. 55. The Commissioner shall prescribe regulations Regulations for for the relocation of military bounty-land warrants erroneously located by actual settlers. 10 Stat. 256; R. S. 2446. relocation of land warrants. pended entries SEC. 56. Conjointly with the Secretary of the Interior Equitable adju and the Attorney-General, he shall prescribe regulations for dication of susthe equitable decision of suspended entries of public lands and reports to Congress. and of suspended pre-emption claims, and adjudicate in what cases patents shall issue upon the same, and report such adjudication to Congress. 9 Stat. 51; 10 id. 258; 11 id. 22; 18 id. 50; 19 id. 244; R. S. 2450, 2452. certain lands into SEC. 57. Upon public notice of at least thirty days by Power to order the proper register and receiver, the Commissioner may market without order into market, without Presidential proclamation, all proclamation. lands embraced in claims rejected by the board for equitable adjudication, and isolated or disconnected parcels of unoffered lands. 9 Stat. 51; R. S. 2455. SEC. 58. The Commissioner shall issue patents upon entries confirmed by the board for equitable adjudication, Reissue of pat ents. Copies of rec certified. when such entries had been previously patented and the patents surrendered for cancellation. 10 Stat. 258; R. S. 2456. SEC. 59. The Commissioner shall cause to be prepared, ords, &c., to be and shall certify, under the seal of the office, such copies of records, books, and papers on file in his office as may be applied for to be used in evidence in courts of justice. Indemnity for swamp lands. Power of Com 5 Stat. 111; 13 id. 375 ; R. S. 461, 891, 2469, 2470. Galt v. Galloway, 4 Pet. 331. SEC. 60. With the approval of the Secretary of the Interior, the Commissioner may, upon satisfactory proof, allow indemnity to the several States for swamp and overflowed lands granted to them by the act of September twenty-eighth, eighteen hundred and fifty, and sold by the United States prior to March third, eighteen hundred and fifty-seven. 10 Stat. 634, 635; 11 id. 251; R. S. 2482. 11 Op. Att. Gen. 467; id. July 25, 1877, in manuscript. Decisions Sec. Int., March 31, 1861; May 8, 1861; March 12, 1863; Feb. 8, 1868; Feb. 2, 1874. Decision Com. G. L. O., Feb. 17, 1879. SEC. 61. The Commissioner, under the direction of the missioner to make Secretary of the Interior, is authorized to enforce and carry into execution every part of the public land laws not otherwise specially provided for. regulations. Commissioner to perform duties of recorder of land titles. R. S. 2478. Bell v. Hearne et al., 19 How. 252; Garland v. Wynn, 20 id. 6. 3 Op. Att. Gen. 93, 104, 697; 10 id. 56. Pope v. Athearn, 42 Cal. 606; McDowell v. Morgan, 28 Ills. 528; Foley v. Harrison, 5 La. Ann. 75. SEC. 62. The Commissioner shall possess and exercise all the powers and authority and perform all the duties heretofore required by law to be performed by the recorder of land titles in Missouri. 18 Stat. 62. Hale v. Gaines et al., 22 How. 144; Rector et al. v. U. S., 2 Otto, 698; Scull v. U. S., 8 id. 410; U. S. v. Clamorgan, S. C., Oct. T., 1879, in manuscript. 1 Op. Att. Gen. 718. Prim v. Horen, 27 Mo. 205; O'Flaherty v. Kellogg, 59 id. 485. For acts prescribing duties of the recorder of land titles, see 2 Stat. 326, 353, 748, 812; 3 id. 86, 121, 329; 4 id. 52, 65, 566, 661; 19 id. 122. SEC. 63. It shall be the duty of the Commissioner to issue to issue patents. patents for public lands and private land claims in all cases where the issue thereof is authorized by law. Commissioner 2 Stat. 716; id. 107; R. S. 453. Bell v. Hearne, 19 How. 252; Castro v. Hendricks, 23 id. 438; Polk's Lessee v. Wendal et al., 9 Cranch, 87; Hoofnagle v. Anderson, 7 Wheat. 212; Patterson v. Winn, 11 id. 380; Stringer et al. v. Young's Lessee, 3 Pet. 320; U. S. v. Arredondo, 6 id. 691; Bagnell v. Broderick, 13 id. 436; Stoddard v. Chambers, 2 How. 284; Lander v. Brant, 10 id. 348; Minter v. Crommelin, 18 id. 87; Field v. Seabury, 19 id. 323; Garland v. Wynn, 20 id. 6; Hooper v. Scheimer, 23 id. 235; Greer v. Mezes, 24 id. 268; U. S. v. Covilland, 1 Black, 339; U. S. v. Grimes, 2 id. 610; U. S. v. Stone, 2 Wall. 525; Hogan v. Page, 2 id. 605; Beard v. Federy, 3 id. 478; Hughes v. U. S., 4 id. 232; U. S. v. Com., 5 id. 563; Richart v. Phelps, 6 id. 160; Stark v. Starr, 6 id. 402; Silver v. Ladd, 7 id. 29; Maguire v. Tyler, 8 id. 650; Secretary v. McGarrahan, 9 id. 298; Meador v. Norton, 11 id. 442; Johnson v. Towsley, 13 id. 72; Gibson v. Chouteau, 13 id. 92; Railway Co. v. Prescott, 16 id. 603; Henshaw v. Bissell, 18 id. 255; Langdeau v. Haines, 21 id. 521; Morton v. Nebraska, 21 id. 660; Miller v. Dale, 2 Otto, 473, Sherman v. Buick, 3 id. 209; McGarrahan v. Mining Co., 6 id. 316; Moore v. Robbins, 6 id. 530; Wirth v. Branson, 8 id. 118; Snyder v. Sickles, 8 id. 203; Cowell v. Colo. Springs Co., 10 id. 55; Simmons v. Wagner, S. C., Oct. T., 1879, in manuscript. Lewis v. Baird, 3 McLean, C. C. 56; Nelson v. Moon, 3 id. 319; Shedds v. Sawyer, 4 id. 181; Huidekoper v. Burrows, 1 Wash. C. C. 109; Mill and Mining Co. v. Dangbery, 1 Saw. C. C. 450; Le Roy v. Clayton, 2 id. 493; Dodge v. Perry, 2 id. 645; Le Roy v. Jamison, 3 id. 369; Patterson v. Tatum, 3 id. 164; Wyth v. Haskell, 3 id. 574; Hardy v. Harbin, 4 id. 536; Mackey v. Eaton, 2 Dillon, C. C. 41; U. S. v. Railway Co., 4 id. 397; Seabury v. Field, 1 McAllister, C. C. 60; Mezes v. Goeler, 1 id. 401; Chapman v. School Dist., 1 Deady, C. C. 108; Lamb v. Storr, 1 id. 447. 1 Op. Att. Gen. 44, 45, 159, 458, 718; 2 id. 15, 41, 186, 501; 3 id. 93, 240, 351, 623, 653; 4 id. 120, 149, 150, 319, 329; 5 id. 7, 628; 7 id. 491, 636, 681; 9 id. 108; 12 id. 250; 13 id. 456; 14 id. 601, 624. Stewart v. Parish, 6 Ohio, 477; Smith v. Stork, 7 id. 551; Sulivant v. Weaver, 10 id. 275; Trimble v. Boothly, 14 id. 109; Miliker v. Starling, 16 id. 61; Jackson v. Williams, 18 id. 69; Subblefield v. Boggs, 2 Ohio St. 216; Wood v. Ferguson, 7 id. 288; Strong v. Lehman, 10 id. 93; Mathews v. Rector, 24 id. 439; Buckner v. Walcott, 1 Doug. (Mich.) 19; Stockton v. Williams, 1 id. 546; Clark v. Hall, 19 Mich. 356; Johnson v. Ballou, 28 id. 379; Sands v. Davis, 40 id. 14; Jackson v. Astor, 1 Pinney (Wis.) 137; Parkerson v. Brocker, 1 id. 174; Lamont v. Stimson, 3 Wis. 45; Dillingham v. Fisher, 5 id. 475; Schnee v. Schnee, 23 id. 377; Aumont v. Green Bay & Miss. Co., 31 id. 317; Easton v. Lyman, 33 id. 34; Arnold v. Grimes, 2 Green (Iowa), 77; Cavender v. Smith, 3 id. 349; Arnold v. Grimes, 2 Iowa, 13; Cavender v. Smith's Heirs, 5 id. 157; Fisher v. Warner, 34 id. 447; Brison v. Cury, 35 id. 72; Waters v. Bush, 42 id. 255; Rankin v. Miller, 43 id. 11; Steeple v. Downing, 60 Ind. 478; Doe v. Hill, Breese (Ills.) 236; Moore v. Hunter, Ills. 317; Ballance v. McFarden, 12 id. 317; Gray v. McFadden, 12 id. 324; Rankin v. Curtemus, 12 id. 334; Gratham v. Atkins, 63 id. 359; Vansickle v. Haines, 7 Nev. 249; Smith v. Pipe, 3 Colo. 187; Starr v. Stark, 2 Oreg. 118; White v. Allen, 3 id. 103; Gold Hill Co. v. Ish, 5 id. 104; Moore v. Wilkinson, 13 Cal. 478; Yount v. Howell, 14 id. 465; Mott v. Smith, 16 id. 534; Galup v. Armstrong, 22 id. 480; Kimball v. Semple, 26 id. 441; Keeran v. Griffith, 34 id. 580; Durfee v. Plaisted, 38 id. 80; Frisbee v. Morgues, 39 id. 451; Collins v. Bartlett, 44 id. 371; Canfield v. Thompson, 49 id. 210; McGarrahan v. Mining Co., 49 id. 331; Vance v. Kohlburg, 50 id. 346; Miller v. Ellis, 51 id. 73; Houghton v. Hardenburg, 53 id. 181; Cruz v. Martinez, 53 id. 239; Sarpy v. Papin, 7 Mo. 503; Barry v. Gamble, 8 id. 88; Allison v. Hunter, 9 id. 749; Cowman v. Johnson, 20 id. 108; Thomas v. Wyatt, 31 id. 188; Hill v. Miller, 36 id. 182; Gibson v. Chouteau, 39 id. 536; Maguire Tyler, 40 id. 406; Calloway_v. Trash, 50 id. 420; Gaines and Rector v. Hale, 26 Ark. 168; Lott v. Prudhomme, 3 Rob. (La.) 293; Jenkins v. Gibson, 3 La. 203; McGill v. McGill, 4 id. 262; Foley v. Harrison, 5 id. 75; Pepper v. Dunlap, 9 id. 137; Bell v. Hearne, 10 id. 515; Cage v. Danks, 13 id. 128; Stemspring v. Bennett, 16 id. 201; Masters v. Eastis, 3 Port. (Ála.) 368; Goodlet v. Smithson, 5 id. 245; Jones v. Inge, 5 id. 327; Bullock v. Wilson, 5 id. 338; Innerarity v. Mims, 1 Ala. 660; Pollard v. Files, 3 id. 47; Hines v. Greenlee, 3 id. 73; Crommelin v. Minter, 9 id. 594; Etheridge v. Doe, 18 id. 565. Decision Sec. Int., Sept. 6, 1870. Decision Com. G. L. O., March 21, 1879. SEC. 64. In case of any claim to land in any State or Territory which has heretofore been confirmed by law, and in which no provision is made by the confirmatory statute for the issue of a patent, it may be lawful, where surveys for the land have been or may hereafter be made, to issue patents for the claims so confirmed, upon the presentation to the Commissioner of the General Land Office of plats of survey thereof, duly approved by the surveyor-general of v. Patents to issue fore confirmed. for claims hereto |