Continuo us adverse posses of tract. SMALL HOLDING CLAIMS. See "Lieu selection". Act of March 3, 1891 (26 Stat., 861).-Continuous adverse pos- Act of February 26, 1909 (35 Stat., 655).-Claim to be filed with Page. 165 312 313 An Act To establish a court of private land claims, and to provide for the settlement of private land claims in certain States and Territories. SEC. 16. That in township surveys hereafter to be sion for 20 years. made in the Territories of New Mexico, Arizona, and Utah, and in the States of Colorado, Nevada, and Wyoming if it shall be made to appear to the satisfaction of the deputy surveyor making such survey that any person has, through himself, his ancestors, grantors, or their lawful successors in title or possession, been in the continuous adverse actual bona fide possession, residing thereon as his home, of any tract of land or in connection therewith of other lands, all together not exceeding one Maximum size hundred and sixty acres in such township for twenty years next preceding the time of making such survey, Deputy blish the deputy surveyor shall recognize and establish the lines and make lines of such possession and make the subdivision of the adjoining lands in accordance therewith. Such possession shall be accurately defined in the field-notes of the survey and delineated on the township plat, with the boundaries and area of the tract as a separate legal subdivision. The deputy surveyor shall return with his survey the name or names of all persons so found to be in possession, with a proper description of the tract in the possession of each as shown by the survey, and the proofs furnished to him of such possession. veyor to establish returns. Review by the Commissioner Land Office. Upon receipt of such survey and proofs the Commisof the General sioner of the General Land Office shall cause careful investigation to be made in such manner as he shall deem necessary for the ascertainment of the truth in respect of such claim and occupation, and if satisfied upon such investigation that the claimant comes within the proIssue of patents visions of this section, he shall cause patents to be issued to the parties so found to be in possession for the tracts respectively claimed by them: Provided, however, That no person shall be entitled to confirmation of, or to patent for, more than one hundred and sixty acres in his own Limitations. right by virtue of this section: And provided further, That this section shall not apply to any city lot, town lot, village lot, farm lot, or pasture lot held under a grant from any corporation or town the claim to which may fall within the provisions of section eleven of this act. Where town tinuous adverse possession for 20 years may enter without payment SEC. 17. That in the case of townships heretofore sur- ship surveys alveyed in the Territories of New Mexico, Arizona, and ready made. Utah, and the States of Colorado, Nevada, and Wyoming, all persons who, or whose ancestors, grantors, or Citizens in contheir lawful successors in title or possession, became citizens of the United States by reason of the treaty of Guadalupe-Hidalgo, and who have been in the actual continuous adverse possession and residence thereon of tracts of not to exceed one hundred and sixty acres each, for twenty years next preceding such survey, shall be entitled, upon making proof of such facts to the satisfaction of the register and receiver of the proper land district, and of the Commissioner of the General Land Office upon such investigation as is provided for in section sixteen of this act, to enter without payment of purchase money, fees, or commissions, such legal subdivisions, not exceeding one hundred and sixty acres, as shall include their said possessions: Provided, however, That no person shall Limit. be entitled to enter more than one such tract, in his own right, under the provisions of this section. Filing of claims under ad verse SEC. 18. That all claims arising under either of the two next preceding sections of this act shall be filed with the possession. surveyor-general of the proper State or Territory within Time limit. two years next after the passage of this act, and no claim not so filed shall be valid. And the class of cases pro- judicated vided for in said two next preceding sections shall not be Court of Private considered or adjudicated by the court created by this Lands act, and no tract of such land shall be subject to entry try. under the land laws of the United States. * Approved, March 3, 1891 (26 Stat., 861). By the act of February 26, 1909 (35 Stat., 655) section eighteen of the above act was amended as follows: Not to be adby Land Claims. ex cluded from en That all claims arising under either of the two next Time limit. preceding sections of this act shall be filed with the surveyor-general of the proper State or Territory before the fourth day of March, nineteen hundred and ten, and no claim not so filed shall be valid." Provided, That the extension herein granted shall not apply to lands within the limits of a confirmed grant or embraced in any entry completed under the public land laws prior to filing of a claim hereunder, nor shall its provision extend to persons holding under assignments made after March third, nineteen hundred and one. Restriction. SOLDIERS' ADDITIONAL HOMESTEADS. Revised Statutes, Secs. 2306-2307.-Persons who have had at Page. 314 314 Act of August 18, 1894 (28 Stat., 397).-Soldier's additional cer- 315 Persons who have entered less than rights of. 8., 333. UNITED STATES REVISED STATUTES. SEC. 2306. Every person entitled, under the provisions 160 acres, of section twenty-three hundred and four,' to enter a June 8, 1872, 17 homestead who may have heretofore entered, under the homestead laws, a quantity of land less than one hundred and sixty acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres. Widow and SEC. 2307. In case of the death of any person who persons entitled Would be entitled to a homestead under the provisions to homestead, etc. of section two thousand three hundred and four, his minor children of Ibid. Perfecting titles under soldiers' steads. widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvement therein contained; but if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. Extract from the sundry civil appropriation act, approved March 3, 1893 (27 Stat., 593). And provided further, That where soldier's additional additional home- homestead entries have been made or initiated upon certificate of the Commissioner of the General Land Office of the right to make such entry, and there is no adverse claimant, and such certificate is found erroneous or 314 1 For Sec. 2304, see page 80. *June 22, 1874, date of approval of the United States Revised Statutes. invalid for any cause, the purchaser thereunder, on making proof of such purchase, may perfect his title by payment of the Government price for the land; but no person shall be permitted to acquire more than one hundred and sixty acres of public land through the location of any such certificate. Extract from the sundry civil appropriation act, approved August 18, 1894 (28 Stat., 397). Maximum. cates sold de That all soldiers' additional homestead certificates Soldiers' certiflheretofore issued under the rules and regulations of the clared valid. General Land Office under section twenty-three hundred and six of the Revised Statutes of the United States, or in pursuance of the decisions or instructions of the Secretary of the Interior, of date March tenth, eighteen hundred and seventy-seven, or any subsequent decisions or instructions of the Secretary of the Interior or the Commissioner of the General Land Office, shall be, and are hereby, declared to be valid, notwithstanding any attempted sale or transfer thereof; and where such certificates have been or may hereafter be sold or transferred, such sale or transfer shall not be regarded as invalidating the right, but the same shall be good and valid in the hands of bona fide purchasers for value; and all entries heretofore or hereafter made with such certificates by such purchasers shall be approved, and patent shall issue in the name of the assignees. STATE GRANTS AND SELECTIONS. See "Swamp lands;" also, "Lieu selections". Page. 356, 161 317 Sections 2378-2379-Grant to new States-Selection and location of lands.. 317 318 Section 2449-Fee-simple title to pass. CALIFORNIA.--Revised Statutes, sections 2485-2487-Certain Act of March 3, 1853 (10 Stat., 244)-Public lands in California, COLORADO.-Act of March 3, 1875 (18 Stat., 475)-School Act of April 2, 1884 (23 Stat., 10)-Selections in lieu of mineral IDAHO.-Act of July 3, 1890 (26 Stat:, 215)-School lands- Act of December 18, 1902 (32 Stat., 756)—Certain selections in NEVADA.—Act of March 21, 1864 (13 Stat., 30)-School lands... Act of June 16, 1880 (21 Stat., 287)-2,000,000 acres granted in lieu of sections 16 and 36.. NEW MEXICO.-Act of March 16, 1908 (35 Stat., 44)-Sections 2275-2276, Revised Statutes, providing for selections, made applicable. Act of June 21, 1898 (30 Stat., 484)-School lands-Reservations excepted-Partial grant only-Commission to selectLease Sale... Act of June 20, 1910 (36 Stat., 561)-Sections 16, 36, 2, and 32 for common schools-Lieu selections-Internal improvements Trust fund-Mortgages prohibited-Sales-LeasesCommission to select... OREGON.-Act of February 14, 1859 (11 Stat., 383)-School lands-Lieu selections.... 318 323 324 324 325 326 326 327 328 329 330 330 331 331 332 334 UTAH.-Act of July 16, 1894 (28 Stat., 107)-School lands- 339 339 Act of May 3, 1902 (32 Stat., 188)-Sections 2275-2276, Revised WYOMING.-Act of July 10, 1890 (26 Stat., 222)-School lands- 340 341 |