ments of assignment, or certified copies thereof, and also show by affidavits or otherwise that they have not been indemnified by their grantors or assignors for the failure of title, and that title has not been perfected in them by their grantors through other sources. Where there has been a conveyance of the land and the original urchaser applies for repayment, he must show that he has indemnified his assignee or perfected the title in him through another source, or produce a full reconveyance to himself from the last grantee or assignee. In case of applications for the repayment of fees, commissions, etc., on canceled homestead and other entries, under the second section of the act, the duplicate receipt must be surrendered with a relinquishment of all right, title, and claim in and to the land described in the receipt indorsed thereon, attested by two witnesses, and acknowledged before the register and receiver, or before any officer authorized to take acknowledgments. If the duplicate receipt has been lost or destroyed, an affidavit stating the fact must be furnished, together with a relinquishment of the character indicated. The applicant must make affidavit that he has not made another entry with the credit of the fee and commission paid by him on the canceled entry.

In the case of applications for the repayment of double minimum excesses, the duplicate receipt must be surrendered. If lost or destroyed, an affidavit stating the facts must accompany the application.

§ 475. All applications for repayment under the above provisions must be made in writing and be signed by the party applying, and must describe the tract or otherwise designate the entry with certainty. They should be transmitted with all the papers in the case through the register and receiver of the proper district land office, who will make due report thereon.

§ 476. Purchase Money Refunded where Sale can not be Confirmed. The secretary of the interior is authorized, upon proof being made to his satisfaction that any tract of land has been erroneously sold by the United States, so that from any cause the sale can not be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the treasury not otherwise appropriated.

4 Stat. 80; 11 Id. 387; R. S. 2362.

§ 477. Refunding in Certain Cases, how Done.-Where any tract of land has been erroneously sold, as described in the

preceding section, and the money which was paid for the same. has been invested in any stocks held in trust, or has been paid into the treasury to the credit of any trust fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust fund, to repay the purchase money to the parties entitled thereto.

11 Stat. 388; R. S. 2363.

§ 478. Repayments on Soldiers' Void Additional Homestead Locations. In all cases where it shall be made to appear to the satisfaction of the secretary of the interior, upon due proof that innocent parties have paid the fees and commissions, and excess payments required upon the location of soldiers' additional homestead claims, located under section 2304 of the revised statutes, which claims were found to be fraudulent and void after location and the entries or locations made thereon canceled, the secretary of the interior is authorized to repay to such innocent parties the fees and commissions, and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase money on lands erroneously sold by the United States.

21 Stat. 287; Cir. G. L. O., Aug. 6, 1880; 7 Copp's L. O. 90.

§ 479. Purchase Money, Fees, and Commissions on Erroneous Entries, or where Sales can not be Confirmed.-In all cases where homestead or timber-culture or desert-land entries, or other entries of public lands, have heretofore or shall hereafter be canceled for conflict, or where from any cause the entry has been erroneously allowed and can not be confirmed, the secretary of the interior shall cause to be repaid, out of any money in the treasury not otherwise appropriated, to the person who made such entry, his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same, upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the commissioner of the general land office; and in all cases where parties have paid double minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of $1.25 per acre shall in like manner be repaid to the purchaser thereof, or to his heirs or assigns.

21 Stat. 287.

§ 480. Regulations for Repayments; Warrants on Treasury for Same. The commissioner of the general land office shall make all necessary rules, and issue all necessary instructions, to carry into effect the foregoing sections relating to repayments, and the secretary of the interior shall draw his warrant on the treasury for the repayment of all purchase money, fees, commissions, and excesses, and the same shall be paid without regard to the date of the cancellation of the entries.

21 Stat. 287.

CHAPTER XXV.

RESERVATIONS.

§ 481. Reservations in Florida, how Sold.

Sale of Military Sites under General Laws Prohibited; Proviso as to
Florida.

Minimum Price, how Fixed when Reservations are Sold.

§ 482.

§ 483.

§ 481. Reservations in Florida, how Sold.—All public lands heretofore reserved for military purposes in the state of Florida, which, in the opinion of the secretary of war, are no longer useful or desired for such purposes, or so much thereof as said secretary may designate, shall be placed under the control of the general land office, and be disposed of and sold in the same manner and under the same regulations as other public lands of the United States; provided, that said lands shall not be so placed under the control of the general land office until the opinion of the secretary of war, giving his consent, is communicated to the secretary of the interior in writing, and filed and recorded.

11 Stat. 87.

§ 482. Sale of Military Sites under General Laws Prohibited.-Military sites which are or may become useless for military purposes shall not be subject to sale or pre-emption under any of the laws of the United States; provided, that this section shall not apply to military sites in the state of Florida, the sale of which is authorized by the preceding section.

11 Stat. 336.

§ 483. Minimum Price, how Fixed when Reservations Sold.-Whenever any reservation of public lands is brought into market, the commissioner of the general land office shall fix a minimum price, not less than $1.25 per acre, below which such lands shall not be disposed of.

13 Stat. 374; R. S. 2364.

§ 484. Reservations, how Surveyed.-Whenever it becomes necessary to survey any Indian or other reservations, or any lands, the same shall be surveyed under the direction and control

of the general land office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed.

13 Stat. 41; R. S. 2115.

§ 485. Sale of Buildings Belonging to the United States.-The secretary of the interior is authorized to cause all such buildings belonging to the United States as have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other persons employed amongst the Indians, to be sold whenever the lands on which the same are erected have become the property of the United States and are no longer necessary for such purposes.

5 Stat. 611; R. S. 2122.

§ 486. Sale of Lands with Buildings.-The secretary of the interior is authorized to cause to be sold, at his discretion, with each of such buildings as are mentioned in the preceding section, a quantity of land not exceeding one section; and on the payment of the consideration agreed for into the treasury of the United States by the purchaser, the secretary shall make, execute, and deliver to the purchaser a title in fee simple for such lands and tenements.*

5 Stat. 611; R. S. 2123.

* For authority of the president to make reservations for public purposes, see Wilcox v. Jackson, 13 Pet. 498; United States v. Fitzgerald, 15 Id. 407; United States v. Chicago, 7 How. 185; United States v. Stone, 2 Wall. 525; Wolcott v. Des Moines Co., 5 Id. 681; Grisar v. McDowell, 6 Id. 363.