§ 1165. — Suspension of entries for correction of clerical errors; patents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1165]
TITLE 43--PUBLIC LANDS
CHAPTER 28--MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
SUBCHAPTER II--DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND
DEFECTIVE CLAIMS AND PATENTS THEREFOR
Sec. 1165. Suspension of entries for correction of clerical
errors; patents
Whenever it shall appear to the Secretary of the Interior, or such
officer as he may designate, that a clerical error has been committed in
the entry of any of the public lands such entry may be suspended, upon
proper notification to the claimant, through the local land office,
until the error has been corrected; and all entries made under the
preemption, homestead, desert-land, or timber-culture laws, in which
final proof and payment may have been made and certificates issued, and
to which there are no adverse claims originating prior to final entry
and which have been sold or incumbered prior to the 1st day of March,
1888, and after final entry, to bona fide purchasers, or incumbrancers,
for a valuable consideration, shall unless upon an investigation by a
Government agent, fraud on the part of the purchaser has been found, be
confirmed and patented upon presentation of satisfactory proof to the
Land Department of such sale or incumbrance: Provided, That after the
lapse of two years from the date of the issuance of the receipt of such
officer as the Secretary of the Interior may designate upon the final
entry of any tract of land under the homestead, timber-culture, desert-
land, or preemption laws, or under this act, and when there shall be no
pending contest or protest against the validity of such entry, the
entryman shall be entitled to a patent conveying the land by him
entered, and the same shall be issued to him; but this proviso shall not
be construed to require the delay of two years from the date of said
entry before the issuing of a patent therefor.
(Mar. 3, 1891, ch. 561, Sec. 7, 26 Stat. 1098; Oct. 28, 1921, ch. 114,
Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
References in Text
This act, referred to in text, means act Mar. 3, 1891, ch. 561, 26
Stat. 1095, as amended, which enacted sections 161, 162, 173, 174, 185,
202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-6, 718, 728, 732,
893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of this title, sections
471, 607, 611, 611a, and 613 of Title 16, Conservation, section 495 of
Title 25, Indians, and sections 30, 36, 44, 45, 48, and 52 of Title 30,
Mineral Lands and Mining. For complete classification of this Act to the
Code, see Tables.
Codification
Section was formerly classified to section 165 of this title.
Repeals
Repeal of ``Act to encourage the growth of timber on the western
prairies'' not to affect valid rights accrued or accruing under said law
and claims to be perfected in same manner as if act had not been
repealed, see section 1181 of this title.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out
under section 1451 of this title.
``Secretary of the Interior, or such officer as he may designate''
and ``receipt of such officer as the Secretary of the Interior may
designate'' substituted for ``Commissioner of the General Land Office''
and ``register's receipt'', respectively, on authority of section 403 of
Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
title.
Act Mar. 3, 1925, abolished office of surveyor general and
transferred administration of all activities in charge of surveyors
general to Field Surveying Service under jurisdiction of United States
Supervisor of Surveys.
