Sec. CHAPTER SIX. PUBLIC SALES AND PRIVATE ENTRIES. Sec. 150. Public sale of lands in half quarter- 163. What coins receivable in payment sections. 151. Advertisement of sales. 152. Price of lands $1.25 per acre. 156. Duration of sales. 157. Several certificates issued to two or 158. Private sales, in what bodies. 161. Minimum price, how fixed when 162. Lands in California subject to pri vate entry and withdrawn, how to for public lands. 165. Mistakes in patents for lands. 168. 169. 170. Recovery of premiums paid to purchasers at public sales. 171. Discovery of agreements to pay premium, by bill in equity. Limitation of entries by agriculturalcollege scrip. 172. 173. Sale of saline lands. Public sale of SEC. 150. All the public lands, the sale of which is aulands in half thorized by law, shall, when offered at public sale to the highest bidder, be offered in half quarter-sections. quarter-sections. Advertisement of sales. Price of lands, $1.25 per acre. 3 Stat. 566; R. S. 2353. SEC. 151. The public lands which are exposed to public sale by order of the President shall be advertised in one newspaper published in the State or Territory where the lands are situated, to be designated by the Secretary of the Interior, for a period of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided. 4 Stat. 702; 19 id. 221, 377; R. S. 2359. SEC. 152. The price at which the public lands are offered for sale shall be one dollar and twenty-five cents an acre; and at every public sale, the highest bidder, who makes payment as provided in the preceding section, shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which are hereafter offered at public sale, according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, by entry at the land office, at one dollar and twentyfive cents an acre, to be paid at the time of making such entry: Provided, That the price to be paid for alternate reserved lands, along the line of railroads within the limits granted by any act of Congress, shall be two dollars and fifty cents per acre. 3 Stat. 566; 19 id. 377; R. S. 2357. Chotard v. Pope, 12 Wheat. 589; Lytle v. Arkansas, 9 How. 328; Irvine v. Marshall, 20 id. 633; Eldred v. Sexton, 19 Wall. 189. Eldred v. Sexton, 30 Wis. 193; Hardwick v. Reardon, 6 Ark. 77. 2 Op. Att. Gen. 186, 200; 3 id. 240, 274, 448; 4 id. 167; 5 id. 476; 7 id. 647. Decisions Sec. Int., March 16, 1870; Nov. 2, 1871; Nov. 20, 1871; Jan. 4, 1872; Sept. 5, 1878. Decisions Com. G. L. O., Aug. 31, 1830; June 21, 1865; Oct. 17, 1867; April 9, 1868; Sept. 12, 1872; Jan. 29, 1873; March 24, 1873; Nov. 27, 1874; Oct. 20, 1876. Cir. G. L. O., Sept. 10, 1849; June 17, 1875. SEC. 153. Credit shall not be allowed for the purchase No credit on sales of public money on the sale of any of the public lands, but every pur-lands. chaser of land sold at public sale shall, on the day of purchase, make complete payment therefor; and the purchaser at private sale shall produce to the register of the land office a receipt from the Treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase money on any tract, before he enters the same at the land office; and if any person, being the highest bidder at public sale for a tract of land, fails to make payment therefor on the day on which the same was purchased, the tract shall be again offered at public sale on the next day of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales. 3 Stat. 566; R. S. 2356. Mathews v. Zane, 7 Wheat. 164; Chotard v. Pope, 12 id. 589; U. S. v. Boyd, 5 How. 49; Lytle v. Arkansas, 9 id. 328; Bell v. Hearne, 19 id. 252; Irvine v. Marshall, 20 id. 558. 2 Op. Att. Gen. 186; 3 id. 150, 448; 5 id. 476. Lott v. Prudhomme, 3 Rob. (La.) 293; Beaumont v, Covington, 6 id. 189; Leblance v. Ludrique, 14 La. Ann. 772; Newport v. Cooper, 10 La. 155; Kirby v. Fogleman, 16 id. 277; Wynn v. Garland, 16 Ark. 440; Witherspoon v. Duncan, 21 id. 240; Hunter v. Hemphill, 6 Mo. 106; Groom v. Hill, 9 id. 320; Russell v. Defrance, 39 id. 506; Massey v. Smith, 64 id. 347; Stephenson v. Smith, 7 Nev. 610; Morenhaut v. Wilson, 52 Cal. 226. Decisions Sec. Int., March 8, 1872; Sept. 5, 1878. Decisions Com. G. L. O., Aug. 31, 1830; Sept. 1, 1879. Cir. G. L. O., Sept. 10, 1849; June 17, 1875; Oct. 1, 1878. SEC. 154. The price of lands now subject to entry which Lands raised to were raised to two dollars and fifty cents per acre, and put prior to January, in market prior to January, eighteen hundred and sixty-one, $1.25 per acre. 1861, reduced to by reason of the grant of alternate sections for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre. Act of June 15, 1880. Cir. G. L. O., July 17, 1880. $2.50 per acre SEC. 155. Whenever the President is authorized to cause Public lands the public lands, in any land district, to be offered for sale, for sale in such may be offered he may offer for sale, at first, only a part of the lands con-proportions as tained in such district, and at any subsequent time or times chooses. he may offer for sale in the same manner any other part, or the remainder of the lands contained in the same. 2 Stat. 479; 19 id. 221, 377; R. S. 2358. the President sales. SEC. 156. The public sales of lands shall, respectively, be Duration of kept open for two weeks, and no longer, unless otherwise specially provided by law. 3 Stat. 567; R. S. 2360. Several certifi two or more pur section. SEC. 157. Where two or more persons have become purcates issued to chasers of a section or fractional section, the register of the chasers of same land office of the district in which the lands lie shall, on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them; but in no case shall the fractions so purchased be divided by other than north and south, or east and west, lines; nor shall any certificate issue for less than eighty acres. Private sales, in what bodies. Private sales, proceedings in. Highest bidder, when preferred in private sales. Minimum price, how fixed when reservations sold. Lands in California subject to 4 Stat. 287; R. S. 2361. Gaines v. Hale, 16 Ark. 9; Downs v. Scott, 3 Rob. (La.) 84. SEC. 158. All the public lands, when offered at private sale, may be purchased, at the option of the purchaser, in entire sections, half-sections, quarter-sections, half quarter-sections, or quarter quarter-sections. 4 Stat. 503; R. S. 2354. SEC. 159. Every person making application at any of the land offices of the United States for the purchase at private sale of a tract of land shall produce to the register a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, half-section, quartersection, half quarter-section, or quarter quarter-section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office. 2 Stat. 556; R. S. 2355. 3 Op. Att. Gen. 240. Decisions Sec. Int., March 8, 1852; July 29, 1879; Aug. 9, 1879. Decision Com. G. L. O., Dec. 20, 1858. SEC. 160. Where two or more persons apply for the purchase, at private sale, of the same tract, at the same time, the register shall determine the preference, by forth with offering the tract to the highest bidder. 3 Stat. 567; R. S. 2365. 3 Op. Att. Gen. 240, 248. SEC. 161. Whenever any reservation of public lands is brought into market, the Commissioner of the General Land Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of. 13 Stat. 374; R. S. 2364. Wolsey et al. v. Chapman, S. C., Oct. T., 1879, in manuscript. 3 Op. Att. Gen. 274; 10 id. 359. SEC. 162. Wherever lands in California subject to private private entry and entry have been or are hereafter withdrawn from market withdrawn, how for any cause, such lands shall not thereafter be held subject to private entry until they have first been open for at least ninety days to homestead and pre-emption settlers, and again offered at public sale. to be opened to entry. What coins receivable in pay lands. 16 Stat. 304; 18 id. 497; R. S. 2367. SEC. 163. The gold coins of Great Britain and other forment for public eign coins shall be received in all payments on account of public lands, at the value estimated annually by the Director of the Mint, and proclaimed by the Secretary of the Treasury, in accordance with the provisions of section thirtyfive hundred and sixty-four of the Revised Statutes, Title, "The Coinage." 3 Stat. 779; 11 id. 163; R. S. 2366. visions for. SEC. 164. In every case of a purchaser of public lands, at Mistakes in enprivate sale, having entered at the land office a tract differ- try of lands, proent from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application for that purpose to the register of the land office; and if it appears from testimony satisfactory to the register and receiver, that an error in the entry has been made, and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at corners of the tract of land, or that it has in any otherwise arisen from mistake or error of the surveyor, or officers of the land office, the register and receiver shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purchase of other lands in the same district, or credited in the payment for other lands which have been purchased at the same office. 3 Stat. 526; R. S. 2369. Decisions Sec. Int., Jan. 28, 1850; Dec. 31, 1855; June 3, 1879. Decisions Com. G. L. O., April 22, 1856; May 8, 1856. Cir. G. L. O., Ang. 31, 1830; July 23, 149; April 20, 1853; Jan. 19, 1854; April 30, 1867. ents for lands. SEC. 165. The provisions of the preceding section are de- Mistakes in pat clared to extend to all cases where patents have issued or may hereafter issue; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a relinquishment of title thereon, executed in a form to be prescribed by the Secretary of the Interior. 4 Stat. 301; R. S. 2370. SEC. 166. The provisions of the two preceding sections Mistakes in loare made applicable in all respects to errors in the location cation of war of land warrants. 10 Stat. 257; R. S. 2371. Colder v. Keegan, 30 Wis. 126; Ainsley v. Paterson, 30 id. 653; Faush v. Coon, 40 Cal. 33. Cir. G. L. O., April 20, 1853. SEC. 167. 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 has not been assigned, or his right in any way transferred, the purchaser, or, in case of his death, the legal representatives, not being assignees or transferees, may, in any case coming within the provisions of this section, file his own affidavit, 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, both as to the existence of the mistake and the rants. Error in entry by mistake of numbers; pro ceedings upon. 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, is 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; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize any such change of entry; nor shall anything herein contained affect the right of third persons. 4 Stat. 31; R. S. 2372. Bellows v. Todd, 34 Iowa, 18. Agreement and SEC. 168. Every person who, before or at the time of the acts intended to prevent bids; public sale of any of the lands of the United States, barpenalty. gains, contracts, or agrees, or attempts to bargain, contract, or agree with any other person, that the last named person shall not bid upon or purchase the land so offered for sale, or any parcel thereof, or who by intimidation, combination, or unfair management, hinders or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. public sales. 4 Stat. 392; R. S. 2373. Oliver v. Piatt, 3 How. 333; Fackler v. Ford et al., 24 id. 322; Easley v. Kellom et al., 14 Wall. 279. Stannard v. McCarthy, Morris (Iowa) 124. Agreements to SEC. 169. If any person before, or at the time of the pubpay premium to purchasers at lic sale of any of the lands of the United States, enters into any contract, bargain, agreement, or secret understanding with any other person, proposing to purchase such land, to pay or give to such purchasers for such land a sum of money or other art cle of property over and above the price at which the land is bid off by such purchasers, every such contract, bargain, agreement, or secret understanding, and every bond, obligation, or writing of any kind whatsoever, founded upon or growing out of the same, shall be utterly null and void. 4 Stat. 392; R. S. 2374. Oliver v. Piatt, 3 How. 333; Fackler v. Ford et al., 24 id. 322; Easley v. Kellom et al., 14 Wall. 279. Wright v. Shumway, 1 Bissell, C. C. 23. Recovery of preSEC. 170. Every person being a party to such contract, miums paid to bargain, agreement, or secret understanding, who pays to purchasers at public sales. such purchaser any sum of money or other article of value, over and above the purchase money of such land, may sue for and recover such excess from such purchaser in any court having jurisdiction of the same. 4 Stat. 392; R. S. 2375. Root r. Shields, 1 Woolw. C. C. 340. Ellis v. Mosier, Green (Iowa), 246. SEC. 171. If the party aggrieved have no legal evidence of Discovery of agreements to such contract, bargain, agreement, or secret understanding, pay premium by bill in equity. or of the payment of the excess, he may, by bill in equity, compel such purchaser to make discovery thereof; and if in such case the complainant shall ask for relief, the court in which the bill is pending may proceed to final decree between |