Page:United States Statutes at Large Volume 28.djvu/1257

 rnocLAMAcr1oNs. Nc. 5. 1235 soname amount as the Secretary of the Interior may by rule establish. (See section 2385 U. S. B. S.). . 23. Under the second method lands actually settled upon and E¤“'*°°· occupied as a townsite, and therefore not subject to entry under the homestead laws, may be entered as a townsite, at the proper district land office. (See section 2387 U. S. B. S.). 24. If the town is incorporated, the entry may be made by the corporate authorities thereof through the mayor or other principal officer duly authorized so to do. ·If the town is not incorporated, the entry may be made by the judge of the county court for the county in which said town is situated. In either case the entry must be made in trust for the use and benefit of the occupants thereof, according to their respective interests. The execution of such trust as to the disposal of lots and the proceeds of sales is to be conducted under regulations prescribed by the territorial laws. Acts of trustees not in accordance with such regulations are void. (Sm sections 2387 and 2391 U. S. R. S.). 25. The officer authorized to enter a town-site may make entry at once, or he may initiate an entry by filing a declaratory statement of the purpose of the inhabitants to make a town-site entry of the land described. The entry or declaratory statement shall include only such land as is actually occupied by the town, and the title to which is in the United States, and its exterior limits must conform to the legal subdi- ’ visions of the public lands. (See sections 2388 and 2389 U. S. R. S.) 26. The amount of land that may be entered under this method is ¤¤¤¤¤·>¤· proportionate to the number of inhabitants. One hundred and less than two hundred inhabitants may enter not to exceed 320 acres; two hundred and less than one thousand inhabitants may enter not to exceed 640 acres; and where the inhabitants number one thousand and over, an amount not to exceed 1280 acres may be entered; and for each additional one thousand inhabitants, not to exceed five thousand in all, a further amount of 320 acres may be allowed. When the number of inhabitants of a town is less than one hundred, the town-site shall be restricted to the land actually occupied for town purposes by legal subdivisions. (See section 2389 U. S. R. S.) 27. Where an entry is made of less than the maximum quantity of land allowed for town-site purposes, additional entries may be made of contiguous tracts occupied for town purposes, which, when added to the previous entry or entries, will not exceed 2,560 acres; but no additional entry can be allowed which will make the total area exceed the area to which the town may be entitled by virtue of its population at date of additional entry. (See sec. 4 of the act of March 3, 1877,19 Stat., 392.) 28. The land must be paid for at the Government price per acre, and r•y¤¤¤• me pm:. proof must be furnished relating—1st. To municipal occupation of the land; 2d, Number of inhabitants; 3d, Extent and value of town improvements; 4th, Date when land was first used for town-site purposes; 5th, Official character and authority of officer making entry; 6th, If an incorporated town, proof of incorporation, which should be a certified copy of the act of incorporation; and 7th, That a majority of the occupants or owners of the lots within the town desire that such action be taken. Thirty days’ publication of notice of intention to make proof must be made and proof of publication furnished. (See section 2387 U. S. R. S.) 29. All surveys for town·sites on said lands shall contain reservations S¤rv¤y¤- for parks (of substantially equal area if more than one park) and for schools and other public purposes embracing in the aggregate not less than ten nor more than twenty acres, and patents for such reservations, to be maintained for such purposes, will be issued to the towns respectively when organized as municipalities. (See section 22, act of May 2, 1890, 26 Stat., 92.) 30. lu case any of said lands which may be entered under the home- Cvnqicc between stead laws by a person who is entitled to perfect his title thereto under §‘{§§`E,§f{’,,§§° °°“‘°' such laws, are required lor town-site purposes, the entrymau may