Posted by P.B.M. on October 02, 19103 at 11:34:25:
This Land Patent information is from the Bureau of Land Management at www.glorecords.blm.gov/ . A scan of this image may be seen there as well as an order form for a certified copy if you wish to obtain one.
Randolph Bowlby and
Bertha S. Frost
Survey State: Idaho
Acres: 80
Title Transfer
Issue Date: 9/13/1921
Land Office: Hailey
U.S. Reservations: Yes
Authority: June 17, 1902: Homestead-Reclamation (32 Stat. 388)
Document Nr.: 09142
Accession/Serial Nr.: 822594
BLM Serial Nr.: IDH 0009142
Legal Land Description:
AliquotParts Sec./Block Twp. Range Meridian State Counties
E½NW 27/ 9-S 24-E No Boise ID Minidoka
Remarks: FARM UNIT B OR EAST HALF OF NW QUARTER
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Transcription of the Patent :
Hailey 09142
The United States of America,
To all to whom these Presents shall come,Greeting:
Whereas, the Act of Congress approved August 9,1912, entitled " An Act providing for patents on reclamation entries, and for other purposes," provides -
"That every patent and water-right certificate issued under this Act shall expressly reserve to the United States a prior lien on the land patented or for which water-right is certified, together with all water rights appurtenant or belonging thereto, superior to all other liens, claims or demands whatsoever for the payment of all sums due or to become due to the United States or its successors in control of the irrigation project in connection with such lands and water rights."
And it is further provided:
"That no person shall at any one time or in any manner, except as hereinafter otherwise provided, acquire, own or hold irrigable land for which entry or water-right application shall have been made under the said reclamation Act of June seventeenth, nineteen hundred and two, and Acts supplementary thereto and amendatory thereof, before final payment in full of all installments of building and betterment charges shall have been made on account of such land in excess of one farm unit as fixed by the Secretary of the Interior as the limit of area per entry of public land or per single ownership of private land for which water right may be purchased respectively,nor in any case in excess of one hundred sixty acres, nor shall water be furnished under said Act nor a water right sold or recognized for such excess; but any such excess land acquired at any time in good faith by descent, by will, or by foreclosure of any lien may be held for two years and no longer after its acquisition; and every excess holding prohibited as aforesaid shall be forfeited to the United States by proceedings instituted by the Attorney General for that purpose in any court of competent jurisdiction; and this provise shall be recited in every patent and water-right certificate issued by the United States under the provisions of this Act."
And Whereas, it appears from a Certificate of the Register at Hailey,Idaho that Bertha S. Frost, Assignee by mesne conveyance of Randolph Bowlby is, under the provision of said Act entitled to a patent for the Farm Unit "B",according to the farm unit plat,or the East half of the North West quarter of Section twenty-seven in Township nine South of Range twenty-four East of the Boise Meridian, Idaho, containing eighty acres, according to the official plat of the survey of the said land, on file in the General Land Office:
Congress, in such case made and provided, Have Given and Granted, and by these presents DO GIVE AND GRANT, unto the said Bertha S. Frost and to her heirs, the tract above described together with the right to the use of water from the Minidoka Reclamation Project as an appurtenance to the irrigable lands in said tract: TO HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances of whatsoever nature, thereunto belonging, unto the said Bertha S. Frost and to her heirs and assigns forever; subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights,as may be recognized and acknowledged by the local customs, laws and decisions of courts but excepting, nevertheless, and reserving unto the United States, rights of way over, across and through said lands for canals and ditches constucted or to be constucted, by its authority, all in the manner prescribed and directed by the Act of Congress approved August 30,1890 (26 Stat.,391), To secure payment to the United States or its successors in its ownership or control of the works constituting and appertaining to the said reclamation project of all sums due or to become due to the United States or its successors in control of said reclamation project in connection with said land and water rights, a lien prior and superior to all other liens, claims or demands whatsoever upon the lands herein and hereby described and conveyed, upon all water rights appurtenant, and upon the right to receive and use water for the reservoirs and canals of said reclamation project, is expressly reserved
In Testimony Whereof, I Warren G. Harding President of the United States of America, have caused these letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed.
Given under my hand, at the City of Washington, the thirteenth day of September in the Year of our Lord one thousand nine hundred and twenty-one and of the Independence of the United States the one hundred Forty-sixth.
By The President: Warren G. Harding
By Viola B. Pugh, Secretary
W.P. LeRoy, Recorder of the General Land Office
Record of Patents: Patent number 822594