by deposits made by individuals to the credit of the United States to cover the cost of office work on such mineral surveys. (U. S. C., title 43, sec. 60.) RESURVEYS Joint Resolution To amend and correct chapter two hundred and seventy-one of volume thirty-five, United States Statutes at Large * * * * * Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the words "five per centum" in the last proviso of chapter two hundred and seventy-one of volume thirtyfive of the United States Statutes at Large be changed to read "twenty per centum," so that the said chapter when so changed shall read as follows: veys authorized. not impaired. "That the Secretary of the Interior may, in his discre- Necessary resurtion, cause to be made, as he may deem wise under the rectangular system now provided by law, such resurveys or retracements of the surveys of public lands as, after full investigation, he may deem essential to properly mark the boundaries of the public lands remaining undisposed of: Provided, That no such resurvey or retrace- Bona fide rights ment shall be so executed as to impair the bona fide rights or claims of any claimant, entryman, or owner of lands affected by such resurvey or retracement: Provided fur- Amount for, inther, That not to exceed twenty per centum of the total cent. annual appropriation for surveys and resurveys of the public lands shall be used for the resurveys and retracements authorized hereby." Approved, June 25, 1910 (36 Stat. 884, U. S. C., title 43, sec. 772.) An Act Authorizing the resurvey or retracement of lands heretofore returned as surveyed public lands of the United States under certain conditions creased to 20 per lands at request Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That upon the application of the owners of three- Resurvey of prifourths of the privately owned lands in any township vately owned covered by public-land surveys, more than fifty per of owners. centum of the area of which townships is privately owned, accompanied by a deposit with the United States surveyor general for the proper State, or if there be no surveyor general of such State, then with the Commissioner of the General Land Office, of the proportionate estimated cost, inclusive of of the necessary work, of the resurvey or retracement of all the privately owned lands in said township, the Commissioner of the General Land Office, subject to the supervisory authority of the Secretary of the Interior, shall be authorized in his discretion to cause to be made a resurvey or retracement of the lines of said township and to set Deposits for costs. permanent corners and monuments in accordance with the laws and regulations governing surveys and resurveys of public lands; that the sum so deposited shall be held by the surveyor general or commissioner when ex officio surveyor general and may be expended in payment of the cost of such survey, including field and office work, and any excess over the cost of such survey and the expenses incident thereto shall be repaid pro rata to the persons making said deposits or their legal representatives; that the proportionate cost of the field and office work for the resurvey or retracement of any public-lands in such township shall be paid from the current appropriation for the survey and resurvey of public lands, in addition to the portion of such approField and office priation otherwise allowed by law for resurveys and retracements; that similar resurveys and retracements may be made on the application, accompanied by the On application of requisite deposit, of any court of competent jurisdiction, the returns of such resurvey or retracement to be submitted to the court; that the Secretary of the Interior is authorized to make all necessary rules and regulations to carry this Act into full force and effect. work. court. Injuring or removing survey marks. Punishment for. Interrupting surveys. Punishment for. Approved, September 21, 1918 (40 Stat. 965, U. S. C., title 43, sec. 773). PENALTY FOR DESTRUCTION OF SURVEY MONUMENTS Extract from the Penal Code of the United States, approved SEC. 57. Whoever shall willfully destroy, deface, change, or remove to another place any section corner, quarter-section corner, or meander post, on any Government line of survey, or shall willfully cut down any witness tree or any tree blazed to mark the line of a Government survey, or shall willfully deface, change, or remove any monument or bench mark of any Government survey, shall be fined not more than two hundred and fifty dollars, or imprisoned not more than six months, or both. (U. S. C., title 18, sec. 111.) SEC. 58. Whoever in any manner, by threats or force, shall interrupt, hinder, or prevent the surveying of the public lands, or of any private land claim which has been or may be confirmed by the United States, by the persons authorized to survey the same, in conformity with the instructions of the Commissioner of the General Land Office, shall be fined not more than three thousand dollars and imprisoned not more than three years. (U. S. C., title 18, sec. 112.) 66 TIMBER AND STONE LANDS Cross references: See subtitles "Affidavits, Oaths, etc.," p. 195, 'Confirmation, p. 200, and Contests," p. 201, under "Homesteads "; subtitle "Building Stone," under "Mineral Lands," p. 331. An Act For the sale of timber lands in the States of California, lands in Califor Not to defeat Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That surveyed public lands of the United States Timber and stone within the States of California, Oregon, and Nevada, nia, Oregon, etc., and in Washington Territory, not included within mili- to be sold. tary, Indian, or other reservations of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale, according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any bona fide claim bona fide claim. under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improvements, education, or other purposes: And provided further, That none of the rights conferred by the act approved July twenty-sixth, eighteen hundred to water rights. and sixty-six, entitled "An Act granting the right of 14 Stat., 251. way to ditch and canal owners over the public lands, R. S. 2340, P. 432. and for other purposes," shall be abrogated by this Act; R. S. 2341, p. 432. and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the provisions of said Act; and such rights shall be expressly reserved in any patent issued under this Act. (U. S. C., title 43, sec. 311.) Patents subject S. 2339, p. 482. SEC. 2. That any person desiring to avail himself of the Application for provisions of this Act shall file with the register of purchase. Extended to all "Public Land States" by the act of Aug. 4, 1892 (27 Stat. 348), p. 709. For the act of July 26, 1866 (14 Stat. 251), secs. 2339-2341, R. S., see Mineral Lands," p. 317. the proper district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belonged to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal; that deponent has made no other application under this Act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the register or the receiver of the land office within False swearing in the district where the land is situated; and if any person taking such oath shall swear falsely in the premises, he shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he may have paid for said lands, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona fide purchasers, shall be null and void. (U. S. C., title 43, sec. 312.) application. Publication of application. Facts to be proved. SEC. 3. That upon the filing of said statement, as provided in the second section of this Act, the register of the land office shall post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of said sixty days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the register of the land office satisfactory evidence, first, that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this Act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal; and upon payment to the proper officer of the purchase money of said land, together with the fees of the register and the receiver, as provided for in case of mining claims in the twelfth section of the Act approved May tenth, eighteen hundred and seventy-two, For section 12 of the act of May 10, 1872 (17 Stat. 91, 95), sec. 2238, R. S., see "Registers and Receivers," p. 603. the applicant may be permitted to enter said tract, and, Entry and patent. on the transmission to the General Land Office of the 17 Stat., 95. R. S. 2238, p. 394. papers and testimony in the case, a patent shall issue thereon: Provided, That any person having a valid claim to any portion of the land may object, in writing, Objection to to the issuance of a patent to lands so held by him, stating patent. the nature of his claim thereto; and evidence shall be taken and the merits of said objections shall be determined by the officers of the land office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this Act by regulations to be prescribed by the Commissioner of the General Land Office. (U. S. C., title 43, sec. 313.) * * * * SEC. 6. That all Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved, June 3, 1878 (20 Stat. 89). An Act To authorize the entry of lands chiefly valuable for building stone under the placer mining laws ing stone under Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- Entries for buildbled, That any person authorized to enter lands under placer claims. the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims: Provided, That lands reserved for the benefit of the public schools or donated to any State shall not be subject to entry under this Act. Timber and stone SEC. 2. That an Act entitled "An Act for the sale of lands in all pubtimber lands in the State of California, Oregon, Nevada, lic-land States and Washington Territory," approved June third, eighteen hundred and seventy-eight, be, and the same is hereby, amended by striking out the words "States of California, Oregon, Nevada, and Washington Territory," where the same occur in the second and third lines of said Act, and insert in lieu thereof the words "publicland States," the purpose of this Act being to make said Act of June third, eighteen hundred and seventy-eight, applicable to all the public-land States. (U. S. C., title 43, sec. 311.) tions not affected. SEC. 3. That nothing in this Act shall be construed to Forest reservarepeal section twenty-four of the Act entitled "An Act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one. Approved, August 4, 1892 (27 Stat. 348). 4 For sec. 1 of the act of June 3, 1878 (20 Stat. 89), see p. 707. |