rior 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). where sales can SEC. 432. In all cases where homestead or timber-culture Purchase monor desert-land entries or other entries of public lands have ex fees, and commissions on erheretofore or shall hereafter be canceled for conflict, or roneous entriesor where, from any cause, the entry has been erroneously al- not be confirmed. lowed and cannot 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 one dollar and twenty-five cents per acre shall in like manuer be repaid to the purchaser thereof, or to his heirs or assigns. 21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90). warrants on same. SEC. 433. The Commissioner of the General Land Office Regulations for shall make all necessary rules, and issue all necessary in- repayments; structions, to carry into effect the foregoing sections relating Treasury for 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. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. 0.90). Sec. CHAPTER EIGHTEEN. RESERVATIONS. 434. Reservations in Florida, how sold. Reservations in Florida, how sold. Proviso. Sale of military sites under gen ited. SEC. 434. 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. SEC. 435. Military sites which are or may become useless eral laws prohib- for military purposes shall not be subject to sale or pre emption under any of the laws of the United States: Provided, Proviso as to That this section shall not apply to military sites in the State of Florida, the sale of which is authorized by the preceding section. Florida. Minimum price, how fixed, when 11 Stat. 336. SEC. 436. Whenever any reservation of public lands is reservations sold. brought into market, the Commissioner of the General Land Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of. Reservations, how surveyed. Sale of build ings belonging to 13 Stat. 374; R. S. 2364. SEC. 437. 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. SEC. 438. The Secretary of the Interior is authorized to the United States. 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. SEC. 439. 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. NOTE. For laws reserving timber lands for naval purposes, see Timber and Timber Culture, chapter ix. For acts reserving lands for public parks and for other purposes, see "Local and Temporary Laws" relating to the States and Territories in which such reservations are located. For authority of President to make reservations for public purposes, see Wilcox v. Jackson, 13 Pet. 498; U. S. v. Fitzgerald, 15 id. 407; U. S. v. Chicago, 7 How. 185; U. S. v. Stone, 2 Wall. 525; Wolcott v. Des Moines Co., 5 id. 681; Grisar v. McDowell, 6 id. 363. Sale of lands with buildings. Sec. CHAPTER NINETEEN. EASEMENTS. 440. Navigable rivers public highways. Streams not navigable, banks of. 441. Right of way for highways over public lands. 442. If lands granted for right of way are not used, &c., to revert to the Government. 443. Mineral locators' rights of possession and enjoyment. 444. Right of way in intersecting veins in mines. 445. What conditions of sale may be made by local legislature. 446. Vested rights to use of water for mining, &c.; right of way for canals. 447. Patents, pre-emptions, and homesteads subject to vested and accrued water-rights. 448. Right of way, materials, stationgrounds, &c., granted to railroads. 449. Rights of several railroads through cañon, pass, or defile. Crossing at grade. Wagon roads, rights of. ways. Navigable riv. SEC. 440. All navigable rivers, within the territory occuers public high-pied by the public lands, shall remain and be deemed public Streams not highways; and, in all cases where the opposite banks of any navigable, banks streams not navigable belong to different persons, the stream and the bed thereof shall become common to both. of. Right of way for highways 1 Stat. 468; 2 id. 235; R. S. 2476. SEC. 441. The right of way for the construction of highover public lands. Ways over public lands, not reserved for public uses, is hereby granted. If lands granted for right of 14 Stat. 253; R. S. 2477. Railway Co. v. Gordon, S. C. Mich., Oct. 158). T. 1879 (7 Copp's L. O. SEC. 442. If any rail or plank road or macadamized turnway are not used, pike company to whom the right of way or sites for water&c., to revert to ing places, depots and work-shops over and through the the Government. public lands of the United States was granted by the act Mineral locat of Congress approved August fourth, eighteen hundred and fifty-two, and by the acts amendatory thereto, shall at any time after its completion be discontinued or abandoned by said company or companies, the grants made by said acts shall cease and determine, and the lands shall revert back to the United States. 10 Stat. 28, 29, 683; 12 id. 577. Decision Com. G. L. O., July 16, 1857. SEC. 443. The locators of all mining locations heretofore ors' rights of pos- made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they session and enjoyment. comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. in intersecting 17 Stat. 91; 19 id. 52; R. S. 2322. (For authorities see sec. 390.) SEC. 444. Where two or more veins of mining claims inter- Right of way sect or cross each other, the owners of the mine last located veins in mines. shall have the right of way through the space of intersection for the purposes of the convenient working of the mine. by local 17 Stat. 96; 19 id. 52; R. S. 2336. (For authorities see sec. 404.) SEC. 445. As a condition of sale, in the absence of neces- What conditions sary legislation by Congress, the local legislature of any of sale may be State or Territory may provide rules for working mines, in- legislature. volving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. 14 Stat. 252; 19 id. 52; R. S. 2337. to use of water canals. SEC. 416. Whenever, by priority of possession, rights to Vested rights the use of water for mining, agricultural, manufacturing, or for mining, &c.; other purposes, have vested and accrued, and the same are right of way for recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. 14 Stat. 253; R. S. 2339. (For authorities see sec. 422.) SEC. 447. All patents granted, or pre-emption or home- Patents, presteads allowed, shall be subject to any vested and accrued emptions, and water-rights, or rights to ditches and reservoirs used in con- ject to vested and nection with such water-rights, as may have been acquired accrued water under or recognized by the preceding section. 16 Stat. 218; R. S. 2340. (For authorities see.sec. 423.) homesteads sub rights. |