Public Law 46–244

That in all cases where it shall, upon due proof being made, appear to the satisfaction of the Secretary of the Interior that innocent parties have paid the fees and commissions and excess payments required upon the location of claims under the act entitled “An act to amend an act entitled ‘An act to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States’, and amendments thereto”, approved March third eighteen bundled and seventy-three, and now incorporated in section twenty-three hundred and six

R. S. 2306.

Repayment to innocent parties of fees, commissions, and excess payments made upon frandulent and void entries.

Appropriation, permanent.

of the Revised Statutes of the United States, which said claims were, after such location, found to be frandulent and void, and the entries or locations made thereon canceled, the Secretary of the Interior is authorized to repay to such innocent parties the fees and commissions, and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase-money on lands erroneously sold by the United States.

Sec. 2.

In all cases where homestead or timber-culture or desert-land

Entries canceled or not confirmed; repayment to be made in all cases.

entries or other entries of public lands have heretofore or shall hereafter be canceled tor conflict, or where, from any cause, the entry has been erroneously allowed and cannot be confirmed, the Secretary of the Interior .shall cause to be repaid to the person who made such entry, or to his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same upon the surrender of

Excess of $1.25 per acre, double-minimum price for land not within railroad grant, to be repaid to purchaser, heirs, or assigns.

the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office, and in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manner be repaid to the purchaser thereof, or to his heirs or assigns.

Sec. 3.

The Secretary of the Interior is authorized to make the payments

Appropriation, permanent.

herein provided for, out of any money in the Treasury not otherwise appropriated.

Sec. 4.

The Commissioner of the General Land Office shall make all

Rules and regulations to be made by the Commissioner of the General Land Office.

necessary rules, and issue all necessary instructions, to cany the provisions of this act into effect; and for the repayment, of the purchase money and fees herein provided for thp Secretary of the Interior shall draw his warrant on the Treasury and the same shall be paid without regard to the date of the cancellation of the entries.