United States Statutes at Large/Volume 4/18th Congress/1st Session/Chapter 138
Chap. CXXXVIII.—An Act supplementary to an act, approved on the third day of March, one thousand eight hundred and nineteen, entitled “An act providing for the correction of errors in making entries of land at the land offices.”
Act of March 3, 1819, ch. 98.
Any mistake which has been made by the person making the entry in relation to the correct numbers of any tract of land not exceeding one half section, on satisfactory evidence being produced to the commissioner of the general land office, he shall cause the entry to be changed, &c.
Act of March 2, 1821, ch. 12.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where any mistake, in relation to the correct numbers of any tract of land, not exceeding in quantity one half section, may have been heretofore made by any purchaser of the public lands of the United States at private sale, and where one or more payments shall have been made by the person making the entry, on any tract entered by mistake, and where such payment has not been forfeited, previously to the passing of this act, for a failure to complete the payments on such tract; and where the purchaser or purchasers may not, in relation to said tract, have in any way taken advantage of the provisions of the act of the second of March, eighteen hundred and twenty-one, entitled “An act for the relief of the purchasers of the public lands prior to the first day of July, eighteen hundred and twenty,” or of the act supplementary thereto, or the act continuing in force said supplementary act, and where the person or persons making the purchase has not, in any way, transferred his, her, or their, right to the certificate of purchase, or the tract so purchased, and where no patent shall have issued for the tract so erroneously purchased; and, also, in all cases of an entry hereafter made, of a tract of land not intended to be entered, by a mistake of the true numbers of the tract intended to be entered, where the tract, thus erroneously entered, does not, in quantity, exceed one half section; and where the certificate of the original purchaser or purchasers has not been assigned, or the right of the original purchaser or purchasers in any way transferred, and where six months from the time the entry shall have been made, may not have elapsed, or the patent issued for the tract erroneously entered, the purchaser or purchasers, or, in case of his, her, or their death, the legal representatives, (not being assignees or transferees,) may, either in the cases of entry before or after the passing of this act, and in any case coming within its provisions, file his, her, or their own affidavit or affidavits, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the register and receiver of the land district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion or opinions, both as to [the] existence of the mistake, and the credibility of each person testifying thereto, to the commissioner of the general land office, who, if he be entirely satisfied [that] the mistake has been made, and that every reasonable precaution and exertion had been made to avoid it, shall be authorized to change the entry, and transfer the payment from the tract erroneously entered, to that intended to be entered, if unsold; but, if sold, to any other tract liable to entry:Proviso. Provided, That the oath of the person or persons interested shall, in no case, be deemed sufficient, in the absence of other corroborating testimony, to authorize any change of entry:Proviso. And provided, also, That nothing herein contained shall affect the right of third persons.
All oaths under this act to be administered by the register or receiver.Sec. 2. And be it further enacted, That either the register or receiver may administer all oaths to be made under the provisions of this act, and every person, knowingly, wilfully, and corruptly, swearing falsely, on any oath administered to him or her under the provisions of this act, shall, on indictment and conviction for such offence, before any court having competent jurisdiction to try the same, suffer the pains and penalties of wilful and corrupt perjury.
The register and receiver to receive 25 cents for every hundred words of the evidence transmitted to the land office.Sec. 3. And be it further enacted, That for every oath administered under the provisions of this act, the register and receiver shall be allowed the sum of twenty-five cents, and twenty-five cents for every hundred words of the evidence received and transmitted to the commissioner of the general land office, to be paid by the party making the application for a change of entry.
Approved, May 24, 1824.