of the public lands of the United States, are hereby repealed, but all bona fide claims lawfully initiated, before the passage of this Act, under any of said provi- Perfection of sions of law so repealed, may be perfected upon due bona fide claims. compliance with law, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests, as if this Act had not been passed. * * Indian agree SEC. 10. That nothing in this Act shall change, repeal, ments not or modify any agreements or treaties made with any changed. Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes * * * and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements, except as provided in section 5 of this Act. (U. S. C., title 25, sec. 426.) Ante, p. 1096. Approved, March 3, 1891 (26 Stat. 1095, 1097, 1099). 11992-31-26 PRIVATE LAND AND SMALL HOLDING CLAIMS Cross reference: See subtitle Refugio Colony Grant," under "Color of Title, etc., Claims," p. 89; subtitle "Private Claims Within Indian Pueblos," under "Indian Lands," p. 280; subtitle "Baca Float Number Three," under Lieu Selections," p. 306; subtitle "Reserved Deposits of Gold, Silver, and Quicksilver on Private Land Claims," under Mineral Lands." p. 369. PRIVATE LAND CLAIMS NOTE. Private land claims originated, for the most part, under grants by foreign governments prior to the cession to the United States of the territory involved. They have been confirmed by Boards of Commissioners, acting under authority of Congress, by Acts of Congress, and by the courts. The Court of Private Land Claims was established by the Act of March 3, 1891 (26 Stat. 854), and continued under different Acts of Congress until June 30, 1904 (see act of April 28, 1904, 33 Stat. 452, 485). Patents are issued whenever the present owners of the land make applications for the same, accompanied by affidavit as to ownership.—EDITOR. JURISDICTION OVER APPROVAL OF SURVEYS Extract from the sundry civil appropriation Act, approved April 28, 1904 (33 Stat. 452, 485) the General Land surveys of private That all the powers now exercised by the Court of Pri- Commissioner of vate Land Claims in the approval of surveys executed office to approve under its decrees of confirmation shall be conferred upon and claims. and exercised by the Commissioner of the General Land Office from and after the thirtieth day of June, nineteen hundred and four. PATENTS tofore confirmed. SEC. 2447, R. S. In case of any claim to land in any Patents to issue State or Territory which has heretofore been confirmed for claims hereby law, and in which no provision is made by the con- Dec. 22, 1854, 10 firmatory statute for the issue of a patent, it may be s. 599. lawful, where surveys for the land have been or may hereafter be made, to issue patents for the claims so confirmed, upon the presentation to the Commissioner of the General Land Office of plats of survey thereof, duly approved by the surveyor-general of 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. (U. S. C., title 43, sec. 1151.) MINERAL LANDS RESERVED 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 lands not con Exceptions. Third. No allowance or confirmation of any claim Mines or mineral shall confer any right or title to any gold, silver, or firmed. quicksilver mines or minerals of the same, unless the grant claimed effected the donation or sale of such mines. or minerals to the grantee, or unless such grantee has become otherwise entitled thereto in law or in equity; but all such mines and minerals shall remain the property of the United States, with the right of working the same, which fact shall be stated in all patents issued under this Act. But no such mine shall be worked on any property confirmed under this Act without the consent of the owner of such property until specially Consent of owner authorized thereto by an Act of Congress hereafter passed. * Approved, March 3, 1891 (26 Stat. 854, sec. 13). PRIVATE LAND CLAIMS IN CALIFORNIA * An Act To amend section six of an Act to expedite the settlement of title to lands in the State of California to work mines. Private land Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section six of the Act of Congress approved California. July first, eighteen hundred and sixty-four, being an Act entitled "An Act to expedite the settlement of title to claims in. lands in the State of California," being chapter one hundred and ninety-four of volume thirteen of the Statutes at Large, page three hundred and thirty-four, is hereby amended to read as follows: 66 SEC. 6. That it shall be the duty of the surveyor general of California to cause all the private land claims finally confirmed to be accurately surveyed and plats thereof to be made whenever requested by the claimants: Provided, That each claimant requesting a survey and Surveys on replat shall first deposit with the Secretary of the Interior a sufficient sum of money to pay the expenses of such Deposits for exsurvey and plat, and of the publication required by the available. 1 Now supervisor of surveys. See act of Mar. 3, 1925 (43 Stat. 1141, 1144), p. 695. quest. penses made first section of this Act, and the money so deposited shall be available for expenditure by the surveyor general in payment of the expenses of such survey and plat, including all the expenses incident thereto, and of the require publication. Whenever the survey and plat requested shall have been completed and forwarded to the Commissioner of the General Land Office, as required by this Act, the surveyor general shall state an account showing Statement of acthe exact cost of the survey, plat, and publication, and any excess deposited over such cost shall be returned to the claimant." Approved, March 2, 1917 (39 Stat. 995). SMALL HOLDING CLAIMS Cross reference: See subtitle "Settlers on Atlantic and Pacific and Southern Pacific Railroad Lands," under "Railroad Grants," p. 475. 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 2 * counts. verse posses years. Maximum size of SEC. 16. That in township surveys hereafter to be Continuous admade in the Territories of New Mexico, Arizona, and sion for 20 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 tract. thereon as his home]3 of any tract of land or in connection therewith of other lands, all together not exceeding one hundred and sixty acres in such township for twenty years next preceding the time of making such survey, Deputy surveyor the deputy surveyor shall recognize and establish the lines and make lines of such possession and make the subdivision of the returns. 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. to establish Commissioner Upon receipt of such survey and proofs the Commis- Review by the sioner of the General Land Office shall cause careful in- of the General vestigation to be made in such manner as he shall deem Land Office. necessary for the ascertainment of the truth in respect 2 For settlement of small holding claims on nonsurveyed lands in New Mexico, see the act of June 15, 1922 (42 Stat. 650), p. 402. Amended by the act of Feb. 21, 1893 (27 Stat. 470), by striking out the words "residing thereon as his home." |