Patents, pre homesteads sub Union Water Co. v. Crary, 25 id. 504; St. John v. Kidd, 26 id. 264; Bradley v. Harkness, 26 id. 69; American v. Bradford, 27 id. 360; Hill v. Smith, 27 id. 476; Ferrea v. Knipe, 28 id. 340; McDonald v. Askew, 29 id. 200; Henderson v. McNaughton, 31 id. 26; Davis v. Gale, 32 id. 26; Gibson v. Puchta, 33 id. 310; Richardson v. Kier, 34 id. 63; Nevada Water Co. v. Powell, 34 id. 109; Clark v. Willett, 35 id. 535; Campbell v. B. R. and W. M. Co., 35 id. 679; Richardson v. Kier, 37 id. 267; Gregor v. Nelson, 41 id. 279; Hanson v. McCune, 42 id. 303; Correa v. Frietas, 42 id. 339; Smith v. O'Hara, 43 id. 371; Stone r. Bumpus, 46 id. 218; Ogburn v. Connor, 46 id. 347; Quirk v. Tralk, 47 id. 453; Broder v. Ñ. W. and M. Co., 50 id. 621; Reynolds v. Hosmer, 51 id. 205; Titcomb r. Kirk, 51 id. 288; Cave r. Crafts, 53 id. 135. Decisions Com. G. L. O., Nov. 23, 1869 (Copp's Mg. Dec. 24); April 16, 1871 (id. 42); March 21, 1872 (id. 82). SEC. 423. All patents granted, or pre-emption or homeemptions, and steads allowed, shall be subject to any vested and accrued ject to vested and Water-rights, or rights to ditches and reservoirs used in connection with such water-rights, as may have been acquired under or recognized by the preceding section. accrued waterrights. Conditions for use of water on reclamation. 16 Stat. 218; R. S. 2340. Union Mill. and Mg. Co. v. Ferris, 2 Saw. public lands for tion of desert lands, in accordance with the provisions of an act approved March third, eighteen hundred and seventyseven, shall depend upon bona fide prior appropriation: and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation: and all surplus water over and above such actual appropriation and use, together with the water of lakes, rivers and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and manufacturing purposes subject to existing rights. Navigable riv. ers within public 19 Stat. 377. SEC. 425. All navigable rivers, within the territory occuLands to be public pied by the public lands, shall remain and be deemed pubhighways. lic highways; and, in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both. 1 Stat. 468; 2 id. 235; R. S. 2476. New Orleans . U. S., 10 Pet. 662; Pollard v. Hagen, 3 How. 212; Pollard v. Kibble, 9 id. 471; Hullett v. Beebe, 13 id. 25; Withers v. Buckley, 20 id. 84; Railway Co. v. Schurmeir, 7 Wall. 272; Yates . Milwaukee, 10 id. 497; The Daniel Ball, 10 id. 557; The Montello, 11 id. 411, 20 id. 430; Barney v. Keokuk, 4 Otto, 324. Woodman v. Kilburn, 1 Abbott, C. C. 158; Avery v. Fox, 1 id. 246; Northern Union Packet Co. v. Atles, 2 Dillon, C. C. 479; Forsyth v. Small, 7 Bissell, C. C. 201; Grange v. Snart, 1 Woolw. C. C. 88. Vansickle v. Harris, 7 Nev. 249; Leake v. Tolls, 8 id. 286; Gavit v. Chambers, 3 Ohio, 496; Blanchard v. Porter, 11 id. 138; Walker v. Board of Public Works, 16 id. 540; Gilman v. Riassell, 18 Mich. 144; Watson v. Peters, 26 id. 508; Treat v. Bates, 27 id. 390; Bay City Gas Light Co. v. Industrial Works, 28 id. 181; Att'y-Gen. v. Evart Booming Co., 34 id. 46; Jones v. Pettibone, 2 Wis. 308; Walker v. Stephenson, 4 id. 486; Mariner v. Schulte, 13 id. 692; Timm r. Bear, 29 id. 254; Wright v. Day, 33 id. 260; Oleson v. Merrill, 42 id. 203; Delaplane v. Railway Co., 42 id. 214; Borman v. Sun nuches, 42 id. 233; Diedrich v. Railway Co., 42 id. 248; Stevens CHAPTER FIFTEEN. DONATIONS. donation rights. For all laws granting donation rights to citizens of the Laws granting several States, see "Local and Temporary Laws," under the caption of each State. 11 L 0 Sec. CHAPTER SIXTEEN. DESERT LANDS. 426. Desert lands may be purchased. Declaration. Right to use water. Water on public lands to be free. Contents of declaration. Perfection of title. Limitation upon quantity. Desert lands may be purchased. Declaration. water. Water on pub. free. Sec. 427. Definition of desert lands. SEC. 426. It shall be lawful for any citizen of the United States, or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to become such" and upon payment of twenty-five cents per acre-to file a declaration under oath with the register and the receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one section, by conducting water upon the same, within the period of three years thereafter, Provided Right to use however That the right to the use of water by the person so conducting the same, on or to any tract of desert land of six hundred and forty acres shall depend upon bonafide prior appropriation: and such right shall not exceed lic lands to be the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation: and all surplus water over and above such actual appropriation and use, together with the water of all, lakes, rivers and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and manufacContents of dec. turing purposes subject to existing rights. Said declaration shall describe particularly said section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as Perfection of possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a patent for the same shall be issued to him. Provided, That no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres which shall be in compact form. laration. title. Limitation upon quantity. 18 Stat. 497; 19 id. 377. Decisions Sec. Int., Feb. 11, 1880 (7 Copp's L. O. 8); April 15, 1880 (7 id. 26). Decisions Com. G. L. O., April 8, 1875 (2 Copp's L. O. 44); (6 id. 192); March 30, 1880 (7 ̃ ̄id. 26). Cir. G. L. O., March 12, 1877 (4 Copp's L. O. 22); June 25, 1878 (5 id. 78); Oct. 1, 1878; July 16, 1879 (6 Copp's L. 0.76). General Cir., Sept. 1, 1879, p. 27. (For authorities relating to water-rights see sec. 422). SEC. 427. All lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. 18 Stat. 497; 19 id. 377. Definition of desert lands. plies. SEC. 428. This chapter shall only apply to and take effect Localities to in the States of California, Oregon and Novada, and the which the law apTerritories of Washington, Idaho, Montana, Utah, Wyoming Arizona, New Mexico and Dakota, and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. 18 Stat. 497; 19 id. 377. Sec, CHAPTER SEVENTEEN. REPAYMENTS OF PURCHASE MONEY. 429. Purchase money refunded where sale cannot be confirmed. 430. Refunding in certain cases, how done. Sec. 432. Purchase money, fees, and commis- 431. Repayments on void soldiers' addi- 433. Regulations for repayments. refunded where confirmed. War Purchase money SEC. 429. The Secretary of the Interior is authorized, upon sale cannot be 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 cannot be confira ed, 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. Refunding in certain cases, how done. Repayments on ditional home. 4 Stat. 80; 11 id. 387; R. S. 2362. 2 Op. Att. Gen. 186; 3 id. 92, 240; 4 id. 277. Decisions Sec. Int., Aug. 17, 1849; Feb. 26, 1852 (1 Lester's L L. 673); March 8, 1852 (1 id. 671); July 24, 1852 (1 id. 672); Dec. 19, 1853 (1id. 673); Nov. 21, 1857 (1 id. 675); Jan. 18, 1859 (1 id. 676); March 25, 1859 (1 id. 677); June 25, 1859 (1 id. 677); Aug. 9, 1859 (1 id. 675); July 23, 1864; Dec. 27, 1870; Dec. 19, 1873; March 3, 1874; Feb. 8, 1878; April 15, 1878; June 3, 1878; Aug. 5, 1878; Aug. 12, 1878; Aug. 15, 1878 (5 Copp's L. O. 127); Sept. 5, 1878; Sept. 23, 1878; Nov. 20, 1878; May 7, 1879; May 25, 1879; June 26, 1879 (6 Copp's L. O. 93); July 1, 1879 (6 id. 96); July 29, 1879 (6 id. 95); Jan. 8, 1880 (6 id. 192); Feb. 11, 1880 (7 id. 8). Decisions Sec. Treas., March 11, 1831 (2 Laws, Instructions, and Opinions, 440); April 17, 1832 (2 id. 460); April 20, 1877 (4 Copp's L. O. 110). Decisions Com. G. L. O., Aug. 31, 1830 (2 Laws, Instructions, and Opinions, 432); Dec. 20, 1858 (1 Lester's L. L. 675); July 18, 1871; Sept. 20, 1872; April 12, 1875; Jan. 27, 1876 (2 Copp's L. O. 180); June 7, 1879; Sept. 12, 1879. Cir. G. L. O., Aug. 31, 1830 (1 Lester's L. L. 667); Sept. 12, 1843 (1 id. 669); Jan. 12, 1854 (1 id. 670); Aug. 7, 1878 (5 Copp's L. O. 110); June 27, 1879; Aug. 6, 1880 (7 Copp's L. O. 90). SEC. 430. 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. SEC. 431. In all cases where it shall be made to appear void soldiers' ad- to the satisfaction of the Secretary of the Interior, upon due stead locations. 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 two hundred and thirty-seven, which claims were found to be fraudulent and void after location and the entries or locations made thereon canceled, the Secretary of the Inte |