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SALES OF PUBLIC LANDS.

See "Isolated Tracts."

Page

157

308, 309

Public lands generally are not subject to sale. See acts of
March 2, 1889, and March 3, 1891.
Revised Statutes, Secs. 2353-2364, 2369-2370, and 2373-2376—
To be offered in half quarter-sections-Private sales-No
credit-Minimum price, $1.25 an acre-Refund in certain
cases-Mistakes in description-Agreement to prevent bids.
Act of March 2, 1889 (25 Stat., 854)-Withdrawal of lands from
private sale-Minimum price of forfeited railroad lands.......
Act of March 3, 1891 (26 Stat., 1099)-Public lands not to be
sold at public auction-Indian agreements not affected.......
Act of May 18, 1898 (30 Stat., 418)-Distinction between offered
and unoffered lands abolished..

Act of March 3, 1909 (35 Stat., 1099)-Agreement to prevent
bids..

305

308

309

309

309

UNITED STATES REVISED STATUTES.

lands in half

SEC. 2353. All the public lands, the sale of which is, Public sale of authorized by law, shall, when offered at public sale to quarter-sections. the highest bidder, be offered in half quarter-sections.

SEC. 2354. All the public lands, when offered at private Private sales in sale, may be purchased at the option of the purchaser in what bodies. entire sections, half-sections, quarter-sections, half quarter-sections, or quarter quarter-sections.

proceedings in.

sales

of public

SEC. 2355. Every person making application at any of Private sales, 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, halfsection, quarter-section, 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. SEC. 2356. Credit shall not be allowed for the purchase- No credit on money on the sale of any of the public lands, but every lands. purchaser 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.

SEC. 2357. The price at which the public lands are offered for sale shall be one dollar and twenty-five cents

22019-16-20

Price of lands $1.25 per acre.

305

Public lands may be offered

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 twenty-five 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.

[The first section of the act of March 2, 1889, enacts that from and after the passage of that act "no public lands of the United States, except those in the State of Missouri, shall be subject to private entry."]

SEC. 2358. Whenever the President is authorized to for sale in such cause the public lands in any land district to be offered the President for sale, he may offer for sale, at first, only a part of the chooses. lands contained in such district, and at any subsequent

proportions as

Advertisement

of sales.

Duration

sales.

of

Several certificates issued to

section.

time or times he may offer for sale in the same manner any other part, or the remainder of the land contained in the same.

SEC. 2359. The public lands which are exposed to public sale by order of the President shall be advertised for a period of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided.

SEC. 2360. The public sales of lands shall, respectively, be kept open for two weeks, and no longer, unless otherwise specially provided by law.

SEC. 2361. Where two or more persons have become two or more pur- purchasers of a section or fractional section, the register chasers of same of the 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.

Purchase mon

ey refunded

be confirmed.

SEC. 2362. The Secretary of the Interior is authorized, where sale can not upon proof being made, to his satisfaction, that any tract of land has been erroneously sold by the United States, so that from any cause the sale can not be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated. SEC. 2363. Where any tract of land has been erroneously sold, as described in the preceding section, and the money which was paid for the same has been invested in any stocks held in trust, or has been paid into

Refunding

in

certain cases; how done.

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