Page:United States Statutes at Large Volume 12.djvu/117

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

THIRTY-SIXTH CONGRESS. Sess. I. C11. 188. 1860. 87 so acted on shall be final and conclusive, and the land embraced within the claim shall be considered and treated as other public lands belonging to the United States. Sec. 5. And be it further enacted, That all claims comprehended Giaimsdiswithin any of the three classes aforesaid, on which there shall be disap· B;":? big? *° proval by the Commissioner of the report made by the boards of com- mg missioners aforesaid, shall be reported to Congress for its action and Hnal decision thereon. Sec. 6. And be it further emzctei That whenever it shall appear Proceedings that lands claimed, and the title to which may be confirmed under the ;l‘;;iL“l;"l:· gf: provisions of this act, have been sold in whole or in part by the United nrmed, have tates prior to such confirmation, or where the surveyor-general of the %°€*;;l°]g bY tm district shall ascertain that the same cannot be surveyed and located, the 8,,;* mm party in whose favor the title is coniirmed shall have the right to enter upon any of the public lands of the United States a quantity of land equal in extent to that sold by the government: Provided, That said Pf°*i¤°• entry be made only on lands subject to private entry at one dollar and twenty-flve cents per acre, and as far as may be possible in legal divisions and subdivisions, according to the surveys made by the United States. Sec. 7. And be it further enacted, That whenever any claim is pre- E'id¤¤¤¤ ofsented for confirmation under the provisions of this act, which has hereto- £°I•:,€1d§°,§°§§”§_ ` fore been presented before any board of commissioners under authority of mined before Congress, the facts reported as proven by the former board shall be taken °°““m”‘°“°'· as true prima facie. ; and the evidence offered before such former board, and remaining of record, shall be admitted on the examination of the claims made under the provisions of this act. Sec. 8. And be it further enacted, That no land claimed under the I&’*¤d;h9mm°d provisions of this act shall be offered for sale, or otherwise disposed of by :3, °§,, Q: the officers of the United States, until the final decision shall be made until, &e. on the validity of such claim; and in no case where land is possessed or cultivated by private persons shall it be entered upon or surveyed as pub- Cnltivated land lic land, or offered for sale, without previous notice given to those in pos- Qg;°dtf’&g° session, requiring them to present their claims for confirmation; and if out, Sw. ·° within sixty days from the date of such notice such claim shall not have been Hled, then the proper officers of the government may proceed to the survey or sale of such lands as public lands, without prejudice, however, to the legal rights of the possessor or claimant, if any he have. _ Sec. 9. And be it further enacted, That before the boards of com- mcl”mmc3_tu?> missioners shall be required to receive for record any notice, paper, evi- {gig; umd? dence of title, or testimony, in support of any claim, the claimant shall ing. pay to said board the sum of twenty-five cents for every hundred words required to be recorded, which shall be in 5111 consideration for the recording and the transcript required to be forwarded to the Commissioner of the General Land Office. _ Sec. 10. And be it further enacted, That at theeommencement of each of regular session of Congress, it shall be the duty of the Commissioner of woe to mpm the General Land Ofiioe to make report of all that has been done under to Congress. the provisions of this act by the several officers charged with its execution. Sec. 11. And be it rther enacted, That in any case of sucha claim to lands as is hereinbefol: in the first section of this act mentioned, where :{°'§€l::d§8]Q'° the lands claimed have not been in possession of and cultivated by the twenty yer, original claimant or claimants, or those holding title under him or them, 2*** :5; ';;“t;P°d for the of twenty years aforesaid, and where such lands are claimed gint, by complete grant or concession, or order of survey duly executed, or by other mode of investiture of the title thereto in the original claimant or elaimants, by separation thereof from the mass of the public domain, either by actual survey or dennition of fixed natural and ascertainable boundaries or initial points, courses and distances, by the competent authority,