Page:United States Statutes at Large Volume 35 Part 1.djvu/861

 844: SIXTIETH CONGRESS. Sess. II. Ons. 269, 270. 1909. clerk of the United States court of apfpeals for the Indian Territory shall be transferred to the custody o the secretary of state of the State of Oklahoma and the then clerk of said court shall certify to the identity of said books, dockets, records, and files, and when the said clerk of the United States court of appeals for the Indian Territory·has certified all books, records, documents, and files in his office relating to corporations to the secretary of the State of Oklahoma, Duty or sccrctnryof it shall be the dut of the secretary of the State of Oklahoma to '°“°· receive and retain the custody and control of the said records, books, documents, and files certified to him by the clerk of the court of a peals for the Indian Territory, and when received biy the secretary oi) state of Oklahoma the same shall become a part o the records of °¤¤‘*¤*°d °°Pi¤¤- the office of the secretary of the State, and the secretary of state is hereby empowered to furnish co ies and to certify to the same, whose certificate when made und)er the great seal of the State of Oklahoma, shall have the same force and effect as if the said books, records, documents, and files had been originally filed in the office _ of the secretary of the State of Oklahoma." ug ¤¤¢¤* M! 1- Sec. 23. That this Act shall take effect and be in force on and népeu. after the first day of July nineteen hundred and nine. In so far only as the provisions of this Act are in conflict with other or prior Acts the other or prior Acts are hereby repealed. Approved, March 3, 1909. {gf'; M- CHAP. 270.-An Act For the protection of the surface rights of entrymen. [P¤¤g¤i·=» N0- ml Be it enacted by the Senate and House of Representatives of the United 0, up States 1y' America in Ocmgress assembled, That any person who has cgjgogrwlgmmng in good faith located, selected, or entered under the nonmineral land iiu¤€mnf°° °° laws of the United States any lands which subsequently are classified, claimed, or reported as being valuable for coal, may, if he shall so elect, and n making satisfactory proof of compliance with the laws under p,,.,,,,,,,,,;,,,, ,,;,,0,; whicllipsmch lands are claimed, receive a patent therefor, which shall gggfs ‘° U”*”°d contain a_ reservation to the United States of all coal in said lands osspmi under com- and the right to prospect for, mme, and remove the same. The coal l°“° “‘"‘ deposits in such lands shall be subject to dis osal by the United States in accordance with the provisions of the coal—land laws in mhfczf °‘ 0****** °‘ force at the time of such disposal, but no person shall enter upon said lands to prospect for, or mine and remove coal therefrom, without previous consent of the owner under such atent, except upon such conditions as to security for and payment of) all damages to such owner caused thereby as may be determined by a court of com etent §~»·¤·»¤.t_ f jurisdiction: lfrmnkied, That the owner under such patent shall) have c,,,f""’” '° “”° ° the right to mme coal for use on the land for domestic purposes prior to the dirlslposal by the United States of the coal de osit: Provided mgmmenm-man. further, at nothing herein contained shall be held to affect or abridge the right of any locator, selector, or entryman to a hearin for the purpose of determining the character of the land located? selected, or entered by him. Such locator, selector or entryman who has heretofore made or shall hereafter make final proof showin ipod faith and satisfactory com liance with the law under which 's land is claimed shall be entitlbd to a patent without reservation unless at the time of such final roof and entry it shall be shown that the land is chiefly valuable dir coal. Approved, March 3, 1909.