Authority to SEC. 4. The bonds of surveyors-general shall be executed take bonds from and delivered to the Secretary of the Interior. surveyors-gen eral. Shall complete public land surveys. Power to dis fices. 3 Stat. 697; R. S. 2215. U. S. v. Tingey, 5 Pet. 115; U. S. v. Stephenson, 1 McLean, C. C. 462; Farrar v. U. S., 5 Pet. 373. SEC. 5. He shall take the necessary measures for the completion of the public-land surveys. 5 Stat. 384; 19 id. 121; R. S. 2218. SEC. 6. He shall discontinue the land office in any district continue land of wherein the public lands are reduced to less than one hundred thousand acres, and shall give notice at what convenient existing land office such residue shall be subject to sale. 5 Stat. 455; R. S.. 2249; Mathews v. Zane's Lessee, 5 Cranch, 95; same case, 7 Wheat. 164. Allowances to local offices. Repayment of purchase money. Remedial authority under treaty of 1854. Correction of erroneous entries. Appraisement and sale of townsite reservations. Authority to survey and plat a city or town. 1 LO SEC. 7. He shall make a reasonable allowance for office rent for consolidated land offices, and may approve the employment of clerks by the register. 12 Stat. 131; R. S. 2255. SEC. 8. He is authorized to repay the purchase money, fees, commissions, and excess payments in cases where the lands have been erroneously sold and the title cannot be confirmed. 4 Stat. 80; 11 id. 387; act June 16, 1880; R. S. 2362. 4 Op. Att. Gen. 277. Decisions Sec. Int., Aug. 17, 1849; July 23, 1864; April 15, 1878; Aug. 5, 1878; May 7, 1879; Nov. 20, 1878; July 1, 1879; July 29, 1879; Aug. 12, 1878; Jan. 8, 1880. SEC. 9. He is authorized to permit innocent parties who purchased and located claims arising under the treaty of September thirty, eighteen hundred and fifty-four, to perfect their entries with cash or military bounty-land warrants. 17 Stat. 340; R. S. 2368. Decisions Sec. Int., July 6, 1876; July 19, 1879; May 6, 1880. SEC. 10. He is authorized to allow erroneous entries of lands sold at private sale and warrant locations to be corrected; and this authority extends to patented cases upon surrender of the patent with satisfactory relinquishment of title indorsed thereon. 3 Stat. 526: 4 id. 301; 10 id. 257; R. S. 2369, 2370, 2371. SEC. 11. When, in the opinion of the President, the public interests require it, he shall cause town-site reservations to be surveyed into lots; shall fix their cash value by ap praisement of disinterested persons; and, after offering same at public entry to the highest bidder, shall prescribe regulations for sale of the residue at private entry at not less than the appraised values. All such sales shall be conducted by the register and receiver of the proper land district. 12 Stat. 754; R. S. 2381. U. S. v. Hare, 4 Saw. C. C. 653. SEC. 12. He may cause a survey and plat to be made of a city or town, if within twelve months from its establishment on the public domain the parties interested do not file in the General Land Office the showing required by law; and thereafter the minimum price of lots included therein shall be increased fifty per centum. 13 Stat. 344; R. S. 2384. 1 subdivis SEC. 13. He may vary the subdivisional surveys in the Authority to State of Nevada from a rectangular form to suit the circum-Yay stances of the country. 14 Stat. 86; R. S. 2408. Heydenfeldt v. Mining Co., 3 Otto, 634. SEC. 14. He may authorize the geodetic method of survey in Oregon and California. ional surveys in Nevada. Geodetic sur veys in Oregon and California. 9 Stat. 496; 10 id. 245; R. S. 2409. SEC. 15. He may direct a departure from the rectangular Departure from mode of survey in the State of California. 10 Stat. 245; R. S. 2410. rectangular surveys in California. SEC. 16. He may direct compensation by the day for sur- Pay for surveys veys in Oregon and California. 10 Stat. 247; R. S. 2411. SEC. 17. He may prescribe regulations for the location and patenting, free of expense, of any military bounty-land warrant transmitted for that purpose to the General Land Office. 9 Stat. 521; R. S. 2437. Decision Sec. Int., March 1, 1876. by day in Oregon and California. SEC. 18. He may authorize issue of patents in cases of Patents to issue lost military bounty-land warrants. 3 Stat. 317; R. S. 2439. SEC. 19. He shall cause new bounty-land warrants to be issued in lieu of lost or destroyed warrants, and shall prescribe regulations for the prevention of frauds. 12 Stat. 90; 18 id. 111; R. S. 2441, 2442. on lost land warrants. May issue new land warrants in lieu of those lost. SEC. 20. He shall issue patents to the heirs of persons en- Patents to heirs titled to bounty lands. 5 Stat. 650; R. S. 2443. of warrantees. dication. SEC. 21. Conjointly with the Attorney-General and the Board of adjuCommissioner of the General Land Office, he shall prescribe regulations for the equitable decision of suspended entries of public lands and of suspended pre-emption claims, and adjudicate in what cases patents shall issue upon the same. 9 Stat. 51; 10 id. 258; 11 id. 22; 18 id. 50; 19 id. 244; R. S. 2450, 2451. SEC. 22. He shall have exclusive control of the Yellow- Yellowstone stone Park, with authority to lease portions thereof. 17 Stat. 33; R. S. 2475. Park. SEC. 23. He shall make accurate lists and plats of the Swamp and swamp and overflowed lands granted to the several States overflowed lands. and transmit same to the governors thereof; and at the request of the governor of any State in which such lands are situate, he shall cause patents to be issued conveying to said State the fee-simple of said lands. 9 Stat. 519; R. S. 2479, 2480. Railroad Co. v. Smith, 9 Wall. 95; Indemnity for swamp lands. Notice of com monson v. Corn, 62 Ind. 17; Gratham v. Atkins, 62 Ills. 359; Smith v. Goodell, 66 id. 450; Compton v. Prince, 67 id. 281; Gaston v. Scott, 5 Oreg. 48. SEC. 24. Indemnity for swamp lands sold by the United States shall not be allowed until approved by the Secretary of the Interior. 10 Stat. 634, 635; R. S. 2482. SEC. 25. He shall notify the governors of the States of pleted surveys in Minnesota and Oregon when public land surveys have been completed and confirmed in said States. Minnesota and Requisitions for Treasury. 12 Stat. 3; R. S. 2490. Gaston v. Scott, 5 Oreg. 48. Decisions Sec. Int., Oct. 13, 1876; Jan. 7, 1879; April 15, 1880. SEC. 26. He shall sign all requisitions for the advance or moneys upon payment of money out of the Treasury, on estimates or accounts approved or certified by the Commissioner of the General Land Office, subject to the control of the proper accounting officers of the Treasury. To prescribe 9 Stat. 395; R. S. 444. 1 Lester, 314. SEC. 27. He shall prescribe the duties of the Assistant duties of Assist Secretary of the Interior, who shall act as the Secretary of the Interior in the absence of that officer. ant Secretary. Designation of agricultural from mineral lands. Subdivision of 12 Stat. 369; R. S. 439. SEC. 28. Upon the survey of lands designated as mineral, the Secretary of the Interior may designate and set apart such portions of the same as are clearly agricultural lands, which lands shall thereafter be subject to pre emption and sale as other public lands and be subject to all the laws and regulations applicable to the same. 14 Stat. 253; R. S. 2342. SEC. 29. He shall prescribe regulations for the subdivision fractional sec- of fractional sections. tions. Designation of 3 Stat. 566; 4 id. 503; R. S. 2397. Gazzam v. Phillips' Lessee et al., 20 How. 372. 3 Op. Att. Gen. 281. Decision Com. G. L. O., May 17, 1875. SEC. 30. It shall be the duty of the Secretary of the Innewspaper to terior to designate one newspaper in each State or Terripublish proclamations for sale tory, where public lands are situated, for the publication of of lands. all Executive proclamations relating to the sale of public lands. 19 Stat. 221. 53. Commissioner shall prescribe regulations for assignment and location of bounty-land warrants. 33. Commissioner to have custody of seal, 54. Commissioner shall cause bounty-land books, récords, &c. 34. Commissioner to make plats and fur warrants to be located free of expense. nish information when required by 55. Commissioner shall prescribe regulathe President or Congress. 35. To audit and settle accounts relative to public lands. 36. Fees for exemplified copies of records and patents. 37. Entry of lands in States where there are no land offices. 38. Commissioner to perform duties of surveyor-general when surveying district is discontinued. 39. Appeals from decisions of district land officers and Commissioner in pre-emption contests. 40. Where pre-emptor after filing for land becomes register or receiver. 41. Commissioner has power to regulate costs of survey and publications in mineral cases. 42. Commissioner to fix maximum price of reservations restored to market. 43. Commissioner authorized to allow erroneous description in entries to be corrected. 44. Commissioner shall prescribe regulations for sale of town lots. 45. Commissioner shall approve all contracts for surveys. 46. Commissioner's instructions deemed part of contract for surveying. 47. Commissioner shall fix the price of public surveys and instruct surveyors-general how to keep accounts of costs of surveys of private land claims. 48. Commissioner shall issue instructions for surveys under deposit system. 49. Commissioner may allow augmented rates for surveys of forests, &c., in Oregon. 50. Commissioner may allow augmented rates for surveys of forests, &c., in California and Washington Territory. 51. Commissioner shall prescribe regulations and terms for geodetic surveys in Oregon and California. 52. Commissioner may allow compensation by the day for surveys in Oregon and California. 56. 57. tions for relocation of bounty-land warrants. Commissioner, conjointly with Secretary of Interior and Attorney-General, shall adjudicate suspended entries. Commissioner may order certain lands into market without Presidential proclamation. 58. Commissioner may reissue patents on entries confirmed by board of equitable adjudication. 59. Commissioner shall prepare copies of records and papers for use in courts of justice. 60. 61. 62. 63. 65. Commissioner shall allow indemnity for swamp lands. Commissioner may make regulations for execution of public land laws. Commissioner to perform duties of recorder of land titles for Missouri. Commissioner shall issue patents for public lands and private land claims. 64. Commissioner to issue patents on claims heretofore confirmed. Fee-simple to pass in all grants of land to States and Territories where lands are of character granted. 66. Chief clerk General Land Office. 67. Recorder General Land Office. 68. Duties of recorder. 69. Patents, how executed. 70. Principal clerks of public lands and private land claims. 71. Officers, clerks, and employés of General Land Office not to be interested in purchase of public lands. Secretary to the President to sign land patents. 72. Commissioner SEC. 31. There shall be in the Department of the Inte of the General rior a Commissioner of the General Land Office, who shall Land Office. Duties of Commissioner. Custody of seal, &c. be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand dollars a year. 2 Stat. 717; 5 id. 107; 17 id. 508; R. S. 446. SEC. 32. The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior, all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of lands, and the issuing of patents for all grants of land under the authority of the Government. 2 Stat. 716; 5 id. 107; 18 id. 62, 317; R. S. 43. Foley v. Harrison, 15 How. 433; Barnard's Heirs v. Ashley's Heirs, 18 id. 43; Bell v. Hearne, 19 id. 252; Castro v. Hendricks, 23 id. 438; Maguire v. Tyler, 1 Black, 195; Harkness v. Underhill, 1 id. 316; U. S. v. Commissioner, 5 Wall. 563; Gaines v. Thompson, 7 id. 349; Sec'y v. McGarrahan, 9 id. 298; Johnson v. Towsley, 13 id. 72. 12 Op. Att. Gen. 250. Le Roy v. Clayton, 2 Saw. C. C. 493; Patterson v. Tatum, 3 id. 164; Le Roy v. Jamison, 3 id. 369. Lott v. Prudhomme, 3 Rob. (La.) 293; Bettis v. Amonett, 4 id. 364; Foley v. Harrison, 5 id. 75; Gurdry v. Wood, 19 id. 234; Lamont v. Stinson, 3 Wis. 545; Fremont Co. v. R. R. Co., 22 Iowa, 91; Bellows v. Todd, 34 id. 18; Brill v. Stiles, 35 Ills. 305; Aldrich v. Aldrich, 37 id. 32; Lewis v. Lewis, 9 Mo. 183; Pope v. Athearn, 42 Cal. 606; Hosmer v. Wallace, 47 id. 461; Parker v. Duff, 47 id. 554; McGarrahan v. Mining Co., 49 id. 331; Hesters v. Brennan, 50 id. 211; Vance v. Kohlburg 50 id. 346; Weaver v. Fairchild, 50 id. 360; Fugy v. Hensley, 52 id. 299. SEC. 33. The Commissioner of the General Land Office books, records, shall retain the charge of the seal heretofore adopted for the office, which may continue to be used, and of the records, books, papers, and other property appertaining to the office. Plats of lands surveyed. Returns and ac lands. 2 Stat. 717; R. S. 454. SEC. 34. The Commissioner of the General Land Office shall, when required by the President, or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of his office as shall be directed. 2 Stat. 717; R. S. 455. SEC. 35. All returns relative to the public lands shall be counts relative to made to the Commissioner of the General Land Office; and he shall have power to audit and settle all public accounts relative to the public lands; and upon the settlement of any such accounts he shall certify the balance, and transmit the account with the vouchers and certificate to the First Comptroller of the Treasury, for his examination and decision thereon. Fees for exemplifications of patents, &c. 2 Stat. 717; R. S. 456. SEC. 36. All exemplifications of patents, or papers on file or of record in the General Land Office, which may be required by parties interested, shall be furnished by the Commissioner upon the payment by such parties at the rate of fifteen cents per hundred words, and two dollars for copies |
