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Fee simple to

any State or Territory, if the same be found correct by the Commissioner. But such patents shall only operate as a relinquishment of title on the part of the United States, and shall in no manner interfere with any valid adverse right to the same land, nor be construed to preclude a legal investigation and decision by the proper judicial tribunal between adverse claimants to the same land.

10 Stat. 599; R. S. 2447. Beard v. Federy, 3 Wall. 478; Maguire v. Tyler, 8 id. 650; Langdeau v. Hanes, 21 id. 521; Miller v. Dale, 2 Otto, 473; U. S. v. Throckmorton, 8 id. 61; Snyder v. Sickles, id. 203. 14 Op. Att. Gen. 624. Decisions Sec. Int., Feb. 21, 1872; Dec. 19, 1878; May 17, 1879. Decisions Com. G. L. O., Sept. 18, 1874; Sept. 19, 1876.

SEC. 65. Where lands have been or may hereafter be pass in all grants granted by any law of Congress to any one of the several of land to States and Territories. States and Territories, and where such law does not convey the fee-simple title of the lands, or require patents to be issued therefor, the lists of such lands which have been or may hereafter be certified by the Commissioner of the General Land Office, under the seal of his office, either as originals or copies of the originals or records, shall be regarded as conveying the fee-simple of all the lands embraced in such lists that are of the character contemplated by such act of Congress and intended to be granted thereby; but where lands embraced in such lists are not of the character embraced by such acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby.

Chief clerk.

Recorder of General Land Of fice.

10 Stat. 346; 18 id. 475; R. S. 2449. Pope's Lessee v. Wendal, 9 Cranch, 87; same case, 5 Wheat. 293; Patterson v. Winn, 11 id. 380; Greenlief v. Birth, 6 Pet. 302; Lindsey v. Miller, 6 id. 666; Galloway v. Finley et al., 12 id. 264; Stoddard v. Chambers, 2 How. 284; Foxcraft v. Martel, 4 id. 353; Minter v. Crommelin, 18 id. 87; Easton v. Salisbury, 21 id. 426; U. S. v. Stone, 2 Wall. 525; U. S. v. Hughes, 4 id. 236; Maguire v. Tyler, 8 id. 653; Best v. Polk, 18 id. 112; Morton v. Nebraska 21 id. 660; Sherman v. Buick, 3 Otto, 209; Moore v. Robbins, 6 id. 533; Marquez v. Frisbie, S. C., Oct. T., 1879, in manuscript. Le Roy v. Clayton, 2 Saw. C. C. 493; Patterson v. Tatum, 3 id. 164; U. S. v. Railroad Co., 4 Dillon, C. C. 397. Hill v. Miller, 36 Mo. 182; Railroad Co. r. Moon, 37 id. 338; Same v. Smith, 40 id. 310; Shepley v. Cowan, 52 id. 559; Funkhouser v. Peck, 67 id. 20; McGill . McGill, 4 La. 262; Huff v. Doyle, 50 Cal. 21; MeLaughlin v. Perrill, 50 id. 65; Sutton v. Fassett, 51 id. 13; Rosecrans . Douglass, 52 id. 213. Decisions Sec. Int., May 3, June 26, 1879; May 4, July 17, 21, 28, 1880.

SEC. 66. There shall be in the General Land Office an inferior officer appointed by the Commissioner, to be employed therein as he shall deem proper, to be called the chief clerk. The chief clerk shall perform the duties of the Commissioner of the General Land Office in case of a vacancy in said office, or of the absence or sickness of the Commissioner. 2 Stat. 716; 11 id. 301; R. S. 448.

SEC. 67. There shall be in the General Land Office an officer called the Recorder of the General Land Office, who shall be appointed by the President, by and with the advice

and consent of the Senate, and shall be entitled to a salary of two thousand dollars a year.

5 Stat. 111, 163, 164; R. S. 447.

corder.

SEC. 68. It shall be the duty of the Recorder of the Gen- Duties of reeral Land Office, in pursuance of instructions from the Commissioner, to certify and affix the seal of the office to all patents for public lands, and to attend to the correct engrossing, recording, and transmission of such patents. He shall prepare alphabetical indexes of the names of patentees and of persons entitled to patents; and he shall prepare such copies and exemplifications of matters on file or recorded in the General Land Office as the Commissioner may from time to time direct. Whenever the office of Recorder shall become vacant, or in case of his sickness or absence, the duties of his office shall be performed ad interim by the principal clerk on private land claims.

2 Stat. 717; 5 id. 111; R. S. 459. U. S. v. Arredondo, 6 Pet. 691; McGarrahan v. Mining Co., 6 Otto, 316. Le Roy v. Jamison, 3 Saw. C. C 369. 3 Op. Att. Gen. 140, 168, 630. Galup v. Armstrong, 22 Cal. 480; Sands v. Davis, 40 Mich. 61.

ents for lands.

SEC. 69. All patents issuing from the General Land Office Issuing of patshall be issued in the name of the United States, and be signed by the President and countersigned by the Recorder of the General Land Office; and shall be recorded in the office in books to be kept for the purpose.

2 Stat. 717; 5 id. 417; R. S. 458. Steeple v. Downing, 60 Ind. 478; Boyce v. Stambaugh, 34 Mich. 348; Lane v. Bommelmann, 17 Ills. 95; 3 Op. Att. Gen. 623.

land claims.

SEC. 70. There shall be in the General Land Office a Principal clerks of public lands principal clerk of the public lands and a principal clerk on and on private private land claims, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall each be entitled to a salary of one thousand eight hundred dollars a year; and they shall perform such duties as may be assigned to them by the Commissioner of the General Land Office.

5 Stat. 109; R. S. 448.

forbidden to pur

SEC. 71. The officers, clerks, and employés in the General Officers, &c., Land Office are prohibited from directly or indirectly purchase public chasing or becoming interested in the purchase of any of lands. the public lands; and any person who violates this section shall forthwith be removed from his office.

2 Stat. 717; 5 id. 112; R. S. 452.

President to sign land patents.

SEC. 72. The President is authorized to appoint, from Secretary to the time to time, by and with the advice and consent of the Senate, a secretary, at a salary of one thousand five hundred dollars a year, whose duty it shall be, under the direction of the President, to sign in his name, and for him, all patents for land sold or granted under the authority of the United States.

5 Stat. 111; R. S. 450. Steeple v. Downing, 60 Ind. 478. 3 Op. Att. Gen. 623.

SEC. 73. If at any time the number of patents for lands sold or granted under the authority of the United States

Assistant secretary to sign

land patents

Warrants for

be recorded, &c.

is such that they cannot be signed within a reasonable time by the secretary appointed under the preceding section, the President may appoint an assistant secretary to sign the same, but such assistant shall be employed by the express direction of the President, and only for such time as may be necessary to bring up the arrears of patents which may be ready for signature.

9 Stat. 209; R. S. 451.

SEC. 74. In all cases in which land has heretofore or shall military lands to hereafter be given by the United States for military serv ices, warrants shall be granted to the parties entitled to such land by the Secretary of the Interior; and such warrants shall be recorded in the General Land Office, in books to be kept for the purpose, and shall be located as is or may be provided by law; and patents shall afterwards be issued accordingly.

2 Stat. 717; R. S. 457. Taylor et al. v. Brown, 5 Cranch, 234. Laniviere v. Madagan, 1 Dillon, C. C. 455; Rice v. Taylor, 2 id. 23; Lewis v. Baird, 3 McLean, C. C. 56; Price v. Johnston, 1 Ohio St. 390; Wood v. Ferguson, 7 id. 288. Copies of paSEC. 75. Whenever any person claiming to be interested pers filled in the in or entitled to land under any grant or patent from the department. United States applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the General Land Office, for the person so applying.

Principal clerk of the surveys.

3 Stat. 721; 5 id. 111; R. S. 460.

SEC. 76. There shall be in the General Land Office a principal clerk of the surveys, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of one thousand eight hundred dollars a year. He shall direct and superintend the making of surveys, the returns thereof, and all matters relating thereto, which are done through the officers of the surveyor-general, and perform such other duties as may be assigned to him by the Commissioner of the General Land Office.

5 Stat. 110; R. S. 449.

Sec.

CHAPTER THREE.

SURVEYS AND SURVEYORS.

77. Surveyors-general, how and where appointed.

78. Salary of, in Louisiana, Florida, Minnesota, Nebraska, Iowa, and Dakota.

79. Salary of, in Oregon and Washington Territory.

80. Salary of, in Colorado, New Mexico, California, Idaho, Nevada, Montana, Utah, Wyoming, and Arizona. 81. Salary of, in Florida, Oregon, and California, how and from what time payable.

82. Offices, number and location of.
83. Residence of surveyor-general.
84. Bond of surveyor-general.
85. Duration of office.

86. Continuance of duties and bond after expiration of commission.

87. Transfer of papers and discontinuance of office in case of completed

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111.

112.

Contracts for surveys of public land, when binding.

Costs of surveying private land claims and railroad grants to be refunded.

113. Augmented rates for surveys in Oregon, California, and Washington Territory.

114. Pay by the day for surveys in Oregon and California.

115. When survey may be had by settlers in townships.

116. Deposit for expenses of surveys deemed an appropriation, &c.

117. Settlers' deposits for surveys to go in part payment for lands, and are assignable. Surveyor-general to survey privato land claims when confirmed, &c. Surveyors-general in New Mexico,

118.

119.

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eral, how and

SEC. 77. There shall be appointed by the President, by and Surveyors-genwith the advice and consent of the Senate, a surveyor-gen where appointed. eral for the States and Territories herein named, embracing, respectively, one surveying district, namely: Louisiana, Florida, Minnesota, Kansas, California, Nevada, Oregon, Nebraska and Iowa, Dakota, Colorado, New Mexico, Idaho, Washington, Montana, Utah, Wyoming, Arizona.

Salary of, in Louisiana, Flor

3 Stat. 755; 4 id. 492; 9 id. 496; 10 id. 244, 306, 308, 309, 611; 11 id. 212; 12 id. 176, 214, 244; 14 id. 77, 85, 344, 542; 15 id. 91; 16 id. 65, 230; 17 id. 76; 18 id. 18, 34, 121, 122, 123, 201, 303; 19 id. 126, 207; R. S. 2207.

SEC. 78. The surveyors-general of Louisiana, Florida, Minida, Minnesota, nesota, Kansas, Nebraska and Iowa, and of Dakota TerriNebraska and Iowa, and Datory, shall each receive a salary at the rate of two thousand dollars a year.

kota.

3 Stat. 755; 4 id. 493; 12 id. 244; 17 id. 76; R. S. 2208.

Salary of, in
SEC. 79. The surveyors-general of Oregon and of Wash-
Oregon and
Washington. ington shall each receive a salary at the rate of two thou-
sand five hundred dollars a year.

Salary of, in Colorado, New

9 Stat. 496; 10 id. 158, 248, 306, 674; 12 id. 410; 17 id. 76; R. S. 2209. SEC. 80. The surveyors-general of Colorado, New Mexico, Mexico, Califor. California, Idaho, Nevada, Montana, Utah, Wyoming, and nia, Idaho, Ne- Arizona shall each receive a salary at the rate of three thouvada, Montana, Utah, Wyoming, sand dollars a year.

and Arizona.

Salaries of, in Florida, Oregon,

10 Stat. 244, 308, 611; 12 id. 176, 214, 410; 14 id. 77, 85, 542; 15 id. 91; 16 id. 65, 230; 17 id. 76; R. S. 2210.

SEC. 81. The salary of each surveyor-general of Florida, and California, Oregon, and California shall be paid quarter-yearly, and shall how and from commence from the time he enters into bond, as provided by law.

what time pay

able.

Offices, number and location.

Residence of

3 Stat. 756; 9 id. 496; 10 id. 244; R. S. 2211.

SEC. 82. The surveyor-general's office for Minnesota district shall be located at the city of Saint Paul; that for Idaho Territory at Boise City; that for the district of Nebraska and Iowa at Plattsmouth, in Nebraska; that for each other surveying district at such place as the President, in view of the public convenience, may from time to time direct; and there shall be but one office of surveyor-general in each district.

11 Stat. 212; 13 id. 352; 14 id. 77, 344; R. S. 2212, 2213.

SEC. 83. Every surveyor-general, while in the discharge surveyor-general. of the duties of his office, shall reside in the district for which he is appointed.

Bond of sur veyor-general.

5 Stat. 637; R. S. 2414.

SEC. 84. Every surveyor-general shall, before entering on the duties of his office, execute and deliver to the Secretary of the Interior a bond, with good and sufficient security, for the penal sum of thirty thousand dollars, conditioned for the faithful disbursement, according to law, of all public money placed in his hands, and for the faithful performance of the duties of his office; and the President has discretionary authority to require a new bond and additional security, under the direction of the Secretary of the Interior, for the lawful disbursement of public moneys.

3 Stat. 697; R. S. 2215, 2216 U. S. v. Vanzandt, 11 Wheat. 184; U. S. v. Tingey, 5 Pet. 115; Farrar and Brown v. U. S., 5 id. 373; U. S. v. Bradley, 10 id. 343; U. S. v. Linn, 15 id. 290; U. S. v. Prescott, How. 578; U. S. v. Boyd, 5 id. 29; Bryan v. U. S., 1 Black, 140; Boyden v. United States, 13 Wall. 17; Bevans v. U. S., 13 id. 56; U. S. v. Thomas, 15 id. 337; U. S. v. Stephenson, 1 McLean, C. C. 462; U. S. v. Linn, 2 id. 501; U. S. v. Ward, 3 id. 179. 8 Op.

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