Page:United States Statutes at Large Volume 18 Part 1.djvu/509

 Trrnu xxxn.—THE PUBLIC LANDS.-—Ch. 8. 437 Sec. 2385. In the case of any city or town, in which the lots ma · be Wh•¤¤->¤iw0f1<>t¤ variant as to size from the limitation iixed in section twenty-three hun- i?" *°"'“ Pl'? "’;’Y dred and eighty-two, and in which the lots and buildings, as municipal .T improvements, cover an area greater than six hundred and forty acres, 3 MM-. 1865- ¤· such variance as to size of lots or excess in area shall prove no bar to wz ‘2·"13·P·53°· such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish. _ _ Sec. 2386. \ here mineral veins are possessed, wh1ch possession is Titletolots subrecognized by local authority, and to the extent so possessed and recog- l?¤* to ¤¤i¤¤>1‘¤l nize, the title to town-lots to be acquired shall be subject to such recog- ngllm nized possession and the necessary use thereof; but nothing contained 3 Mar., 1865, c. in this section shall be so construed as to recognize any color of title in 1O7·¤·2»"·13·P-530- possessors for mining purposes as against the United States. Sec. 2387. Whenever any portion of the public lands have been or Emi}', 0i *¤W¤ mav be settled u n and occupied as a town-site, not subject to entry ?,;’;};g:§‘°‘°‘gt'“*’° under the agricul)ti1ral pre-emption laws, it is lawful, in case such town be incorporated, for the corporate authorities thereof, and, if not incor- 1.% 13*;; 1863; porated, for the judge of the county court for the county in which such {§§ tj,,,,,} {QM CQ town is situated, to enter at the proper land-office, and at the minimum 469, s.3,z·.i8, p.2l54. price, the land so settled and occupied in trust for the several use and beneht of the occu nts thereof, according to their respective interests; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated. Sec. 2388. The entry of the land provided for in the preceding section Ent YY uugief shall be made, or a declaratory statement of the urpose of the inhab- f:,',‘;’§;d:;‘$)B*°22,“· itants to enter it as a town-site shall be filed with) the register of the m °' pgoper land-office, prior to the commencement of the public sale of the 1,3 ME- 1867» °- dy of land in which it is included, and the entry or declaratory state- '2g;jun,;P,g?_}‘ C ment shall include only such land as is actually occupied b the town, 469,;_3,v_ig,p_2k4: and the title to which is in the United States; but in an 'lyerritory in which a. land—office may not have been established, such declaratory statements may be filed with the surveyor-gleneral of the surveying-district in which the lands are situated; who s all transmit the same to the General Land-Oilice. Sec. 2389. If upon surveyed lands the entry shall in its exterior limit _ E¤¢¤'>’i¤ Proporbe made in conformity to the le l subdivisions of the public lands author- 3$‘n{)‘;t;‘r:‘t;“b°' °f ized by law; and where the inhgbitants are in number one hundred, and -7——--LT less than two hundred, shall embrace not exceeding three hundred and 1,,; IlI*;';· 1g5H °· twenty acres; and in cases where the inhabitants of such town are more '2§,`_ju,,;,pi874‘ c than two hundred, and less than one thousand, shall embrace not exceed- 469,,,3,,-_ig,p_gk4: ing six hundred and forty acres; and where the number of inhabitants 3 Mar., 1877, c. is one thousand and over one thousand, shall embrace not exceeding 11;%,;*- 2» 4· "· 19» twelve hundred and eighty acres; but for each additional one thousan p' ' inhabitants, not exceeding five thousand in all, a further grant of three hundred and twenty acres shall be allowed. Sec. 2390. The words “ not exceeding five thousand in all,” in thpjpre- Authorities o£ Ceiling section, shall not apply to Salt Lake City, in the Territory of tab;  lyké *C1tY. but such sectionshall be so construed in its application to that city that  ° ° ’ “ ° °"' lands may be entered for the full number of inha itants contained therein, #-1 not exceeding fifteen thousand; and as that city covers school-section 19; ·:_“{§· @53; °· number thirty-six, in township number one north, of range number one gg _}u,,;,}’j874; c_ West, the same may be embraced in such entry, and indemnity shall be 469, 8, 3_ T, 18, p_ given therefor when a grant is made by Congress of sections sixteen and 254. thirty-six, in the Territor of Utah, for school purposes. Sec. 2391. Any act of the trustees not made m conformity to the reg- Certain acts of Hlations alluded to in section twenty-three hundred and eighty-seven *’“S*°“*°b°"'¥{§ ~hall be void. 2 Mm-., ism, c. 177, v. 14, p. 541. 23 Jrmr, 1874, c. 469, 8. 3, v. 18,p. 254.