REPAYMENTS. Revised Statutes, sections 2362-2363-Purchase money to be refunded where sale can not be confirmed.... Act of June 16, 1880 (21 Stat., 287)-Refund on fraudulent soldier's additional, homesteads-Canceled or unconfirmed entries-Double minimum price on lands not in railroad limits.. Page. 279 279 Act of April 18, 1904 (33 Stat., 589)-Proof of loyalty not required in repayment on soldier's additional... 280 Act of March 2, 1907 (34 Stat., 1245)-Receivers to deposit un- 281 282 Act of March 4, 1911 (36 Stat., 1351)-Refund to registers and receivers of money earned for issuing cancellation notices.... Act of February 24, 1909 (35 Stat., 645)—Unused deposits for mineral surveys. 282 283 UNITED STATES REVISED STATUTES. SEC. 2362. 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. Purchase monwhere sale can Jan. 12, 1825, 4 refunded not be confirmed. S., 80; Feb. 28, 1859, 11 S., 387. ecrtain cases: how Feb, 28, 1859, 11 SEC. 2363. Where any tract of land has been errone- Refunding in ously sold, as described in the preceding section, and the done. money which was paid for the same has been invested in s., 388. 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. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. An Act For the relief of certain settlers on the public lands, and to provide for the payment of certain fees, purchase money, and commissions paid on void entries of public lands. on public lands. Be it enacted by the Senate and House of Representatives Certain settlers of the United States of America in Congress assembled, That in all cases where it shall, upon due proof being made, appear to the satisfaction of the Secretary of the Interior that innocent parties have paid the fees and commissions and excess payments required upon the location of claims under the act entitled "An Act to amend an act entitled 'An Act to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire innocent parties sions, and excess Repayment to homesteads on the public lands of the United States," of fees, commis- and amendments thereto," approved March third, eightpayments made een hundred and seventy-three, and now incorporated upon fraudulent in section twenty-three hundred and six of the Revised Appropriation Statutes of the United States, which said claims were, and void entries. permanent. Entries canceled or not con ment to be made in all cases. Excess of $1.25 after such location, found to be fraudulent and void, 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. SEC. 2. In all cases where homestead or timber-culture firmed; repay-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 to the person who made such entry, or to his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid per acre, double upon the same, upon the surrender of the duplicate reminimum price ceipt 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 doubleminimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manner be repaid to the purchaser thereof, or to his heirs or assigns. for land not with in railroad grant, to be repaid. Appropriation permanent. Rules and regulations to be made sioner of the Gen SEC. 3. The Secretary of the Interior is authorized to make the payments herein provided for out of any money in the Treasury not otherwise appropriated. SEC. 4. The Commissioner of the General Land Office by the Commis-shall make all necessary rules, and issue all .necessary eral Land Office. instructions, to carry the provisions of this act into effect; and for the repayment of the purchase money and fees herein provided for the Secretary of the Interior shall draw his warrant on the Treasury and the same shall be paid without regard to the date of cancellation of the entries. Proof of loyalty not required in Approved, June 16, 1880 (21 Stat., 287. Joint Resolution As to the provisions of "An act for the relief of certain settlers on the public lands, and to provide for the payment of certain fees, purchase money, and commission paid on void entries of public lands," approved June sixteenth, eighteen hundred and eighty. Resolved by the Senate and House of Representatives of refunding certain the United States of America in Congress assembled, That the provisions of "An act for the relief of certain settlers fees. on the public lands, and to provide for the payment of certain fees, purchase money, and commission paid on void entries of public lands," approved June sixteenth, eighteen hundred and eighty, shall be construed to abolish the necessity for proof of loyalty in the cases mentioned in said act, and no proof of loyalty shall be required in the cases mentioned in said act. Approved, April 18, 1904 (33 Stat., 589). An Act To authorize the receivers of public moneys for land districts to deposit with the Treasurer of the United States certain sums embraced in their accounts of unearned fees and unofficial moneys. to deposit unearned Be it enacted by the Senate and House of Representatives of Receivers the United States of America in Congress assembled, That fees. the receivers of public moneys for land districts are hereby authorized, under the direction of the Commissioner of the General Land Office, to deposit to the credit of the Treasurer of the United States all unearned fees and unofficial moneys that have been carried upon the books of their respective offices for a period of five years or more, which sums shall be covered into the Treasury by warrant and carried to the credit of the parties from whom such fees or moneys were received, and into an appropriation account to be denominated "Outstanding liabilities." SEC. 2. That at the time of making such deposit the Lists to be furreceiver shall furnish a list showing the date when the nished. money was paid to him or to his predecessor; the names and residences of the parties; the purposes of the payments and the amounts thereof, which list shall bear the certificate of the register and receiver that the same is correct; that the amounts are due and payable; that diligence has been exercised to return the same, and that the sums specified have remained unclaimed for a period of five years or more. moneys depos SEC. 3. That amounts that appear in a receiver's ac- Deposit counts as "Moneys deposited by unknown parties" shall ited by unknown also be deposited to the credit of the Treasurer of the parties. United States, accompanied by a list showing the amount and, if possible, the date of the receipt of each item; which list shall bear the certificate of the register and receiver that, after careful investigation, the ownership of said moneys could not be determined, and that they have been reported in the unearned fees and unofficial moneys accounts for five years or more. deposits. SEC. 4. That any person or persons who shall have Repayment of made payment to a receiver, or to his predecessor, and the money shall have been covered into the Treasury pursuant to section one or section three hereof, shall, on presenting satisfactory evidence of such payment to the proper officer of the Treasury Department, be entitled to have the same returned by the settlement of an account and the issuing of a warrant in his favor according to the recovery. practice in other cases of authorized and liquidated. Time limit for claims against the United States: Provided, That when such moneys shall remain unclaimed in the Treasury for more than five years the right to recover the same shall be barred: Provided, That no homestead entryman shall Payment for be required to make payment of the purchase money on by homestead on any application to make a cash entry until the same shall have been approved by the register and receiver, but such payment shall be made within ten days after notice of such approval. trymen. en purchase money fn rejected entries. Approved, March 2, 1907 (34 Stat., 1245). An Act To provide for the repayment of certain commissions, excess payments, and purchase moneys paid under the public land laws. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Repayment of where purchase moneys and commissions paid under any public land law have been or shall hereafter be covered into the Treasury of the United States under any application to make any filing, location, selection, entry, or proof, such purchase moneys and commissions shall be repaid to the person who made such application, entry, or proof, or to his legal representatives, in all cases where such application, entry, or proof has been or shall hereafter be rejected, and neither such applicant nor his legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application. Restriction. Reimbursment for excessive payments. Amounts to be certified by Sec terior. SEC. 2. That in all cases where it shall appear to the satisfaction of the Secretary of the Interior that any person has heretofore or shall hereafter make any payments to the United States under the public land laws in excess of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to his legal representatives. SEC. 3. That when the Commissioner of the General retary of the In- Land Office shall ascertain the amount of any excess moneys, purchase moneys, or commissions in any case where repayment is authorized by this statute, the Secretary of the Interior shall at once certify such amounts to the Secretary of the Treasury, who is hereby authorized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and issue his warrant in settlement thereof. Mineral Approved, March 26, 1908 (35 Stat., 48). An Act For relief of applicants for mineral surveys. land Be it enacted by the Senate and House of Representatives Refund of un- of the United States of America in Congress assembled, surveys. used deposits. That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of the moneys heretofore or hereafter covered into the Treasury from deposits made by individuals to cover cost of work performed and to be performed in the offices of the United States. |