Page:United States Statutes at Large Volume 44 Part 1.djvu/1381

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~ 1367 , .TITLE; 43;-1*4 b three preceding pectiens or from the connection ot a new proj- "e4_·•; withan exlsting_`projecf ehallbe creditql to the project or division -~ot the pr0je¢t_ to which the construction cost has bqeuleharged. (Dec. 5, 1924, c. 4, S 4, subsec,.J,‘ 43 Stat. 703,), PATENTS AND FINAL. V$ATEB·RIGHT QERTIFICATES 541. patent or Enola oertihcate issued.-—Any homestead entryman under the reclamation law, including entrymen on ceded Indian lands; may,' nt any time after having complied with the provisions of law applicable to auch , lands as; to regidence, reelnmation and cultivatlnn; submit proof of such residence, cuselamation and enltlvntion, which proof, if found regular and wtisfactory, shall entitle the. entryman to.a patent, and all purchasers of watexwright certiflcates on reclamation projects shall be entitled to a Bnalg w&ter·rlghf_ certificate upon prooi, of the cultivation and ireclemation of the land to igvhiéh the certificate applies, to the extent required by the`recla1nation lnw fer hornestead entrymen :. Pfopidcd, That no sueh `pat4 ` ent `or Qual water-right _C€l‘tlllC8lE€ shall issue until after the payment of all sums due the United States on account of ench land or water right .at_ the time of the submission of proof entitlingjhe homestead or desexfbland entryman to such patent or the purchaser to such ilnal water-right certiiieate. (Aug; 9, , 1912, c. 278, S 1, 37 Stat. 265; Efeb. .15; 1917, cQ 71, 39 Stat. 920.) 542. Raervation of lien for ehargeai enforcement of lien'; rede¤ptlea.—Every patent- and water-right dcertiticate issued under the preeedlng section shall expressly reserve- to the United States a. prior lien on the land patented `or for which ‘T water right . is certlhed, together .-with all water rights appurtenant or belonging thereto, superior to all other liens, claims or demands whatsoever for the payment of all sums due or to ‘_ become due to the United ,States`or ilts successors in control of the irrigation project in connection wi-th such lands and water

~;gmg__ · .· »_L t, x- · _ _;.;

‘ Upen default oi payment of any amount so due title to the land shall peas to the United States tree of all encumbrance, subject to the right ot the detaultlng debtor or any mortgagee, lien noaaer, judgment debtor, or subsequent purchaser `to redeem the land withln one year atterthe notice of such default `shall have been glven by payment of. all moneys due, with 8 . per eentmn interest and eoat. And the United States, at its option, actlm through the Seeretaryreot the Interior; znay cause xana to be sold at any timeattenj such failure toredeem, and {rom the ds ot the sale there ahali be paid into the reclwtion fund all gnoneye due, with interest aayhereln provided, and costs. The balance of the proceeds, it any, oshall be A the property __ ot the defanlting debtor er ,his’ asslgneei Provided, That in ease ot sale after failure to, redeem under this section the United States. shall he authorized to bld ln. auch land. at not more than the amount in default, lncludlnlg ‘ interest and cents. (Ang. 6, 1012, c. 278, I 2, 37 Statt 266.) ’ _ t _ 543. C¢tti§cate of ina! baypmtl and releaae of lien.-·»—Upor1 fell and dna} paymmt bein: made not all amounts due on account ot the- bnlldlnz and betterment charges to _ the United States or its successors ln control ot the project, the United States or its encceaaora as the cane; may be, shall issue upon request a GQ1ElZi§0Ht6' certifying that payment or the building hand. betterment charges in-full has been made and that the lien upon the land has been no far htladed and la no longer oi any force er deci: Hceiit the llen for annual éharza foroperal tion and maintenance (Aug. 9, 1912, e. 278,] .3, 87 Stat. 266.) 54l. is te heldlngs prier to lnal haynent ol charges; fwfétnre of exam hel&g.·-=—-No_perso¤$hell at an; me jtime er ln any manner, except as hereinatter otherwise -.D¤>Vided, acquire, own, er hold lrrlable land for which entry _er water-right. kappllmtion shall have been made under the said reclamation law: before Anal Qwiment ln , {ull oi all in atallments of bulldlng and betterment chargea haye been

Unmc 1..45D.s § 561 made, on account Qof such i8I1d’iI1·QXC€SS of ono farm unit s nsiixcd by the,Socrctary of the Interior as the limit of arch per entry ot public land or per single ownership of private land for whichn water' right may be purchased respectively, nor in any cnscin excess of ono hundred. and sixty acres, nor ishall water bc furnished under snide law nor n watér right, sold or recognized for such excess; °bnt any such excess land `acquired at ans time in good iaith by dwcnt, by will, or by. .foroc1osurc` of any lien may be held for two years and no longer after its acquisition; · and every. excess holding prohibited ns aforesaid shall be forfeited to the Unitéd States by proceedings instituted by the Attorney General for that purposé in any court or competent jurisdiction. The -nbovetpro-K vision shall he recited in every imtent and watér-right certiti- T cate issued ·b$* the United States undcr the provisions of tho -.·th1‘€&f[iI`BC€diDg sections; (Aug. 9, 1912, c. 278, § 3, 37 Stat; 545.. Appointment of ngents to receive payments; record of payments and amounts owingQ——The Sccregtaryof the Interior is hereby authorized to designate such bonded nscal agents or

 officérs of the Reclamation Service as ho may deem advisable ·

on_ each reclamation project, `to whom shalilbs péid nli sums t duo on reclamation entries or water rights, and the omcials so. designated Vshall kccp._a· record for the "informationot the public of the sums pnidnnd the amount due nt nny time on 1 account of any entry nmdouor water right .purcht£scd‘undsr€ the reclamation law`;] and ther Secretary of the Interior shall [ maks_ provision ‘for_ furnishing copies of duly authenticated. records _ of _ entries upon payment of reasonable fees, which copies shall be` admissible in evidence, ask nrc C0[}i€·S·3Uu1€D£i· cated under section 669 of chapter 11 of*’1‘it}e 28,.JUDICIAL Coos __4Nn Jtsnrcriinr. “(Aug. 9; .1912, c. 278`§ § 4, 37 Stat. _%7,) ‘ ° _? 546.. Jurisdiction — of district court for enforcement of prc— coding sections.——.I11risd1ction‘of suits by thé ~United“_`Statcs for thé enforcement of tho provisions ot tho nm preceding mg tions is hereby conferred on the United States district _ courts of they districts in iwhich the lands arc. situated. _ (Aug. 9, · 1912, c.—2'i'8, §`5,_`3T Stat, 267.) · l -

9547; Patent to desert-land cntrynxm.-Any desertland entry-

V man whose desertplnnd entry has been icnibrscod .wit.hin the q exterior limits ot any land withdrawal or irrigation project i `, under tho` reclamation `law, . and ~ who have obtained n_ . water su-pplys for , the land embraced `in any snch dcsertgland E entry from tho reclamation projéct by the purchase ot_ a water- -` right- ccrtiiicstef may at ani time nttor having complied with » the provisionscot tho law applicable to such larrdsnnci upon ,— proof ot the cultivation and reclamation ot the land to the ¤ extent required by the reciarnation law __ for homestead .entry—

mon, submit proof of such compliance, which proof, if {found

l regular and satisfactory, shall cntitlo tho ontrymnnto s patent und n Engl watér-right cértiticntg under the same terms nm! 1 conditions RS `requirocyot honnestmd entrymen under the six - · precedingsections. . (Ang. 26, .1912, c.i 408, § 1, 37 Stat. $10.)

TOWN SITES, PARKS, PLAYGROUNDS AND SQHOQL

l _ u . SITES -

~ ° 561. {Withdrawal ·of land for town sites; reservation for

p nublic purposes.-$-The Sccrcturxrd the Interiormay withdraw I from -public· sntxi any lnnds needed for town—sito purposes in .` connection with irrigation projects under thoiredagwotion mw, t ·n0t, éxcecding onej hundred and sixty acres in enc cnse, and f Survey and subdivido tho, same into town lots, ‘ with· appror prints reservations for public purposes: Pvlzéded, That, when- ‘ s over, in tha opinion of the Secretary of t, Interior, =it shim r be advisable for than public intéregt, he xnnj withdraw and S` dispm of town sites in excess__o{ one hundred and sixty acres. -‘ (Apr. 16, 1906, c. 1631, § 1, 34`Stnt. 116; Juno 27, 1,906, c.1 3559, 1 Q} 4, 84 Stat. 520.). ‘ A