Page:United States Statutes at Large Volume 39 Part 1.djvu/884

 864 SIXTY·FOURTH CONGRESS. Sess. II. C11. 9. 1916. N¤¤¤¤=¤¤¤fi<¤m Sec. 7. That the commutation provisions of the homestead laws xIit1Si't?;§.?°cs$?` shall not a ly to an entries made under this Act. ,,,*’u‘j.*§",,§‘,,,,';@ Sec. 8. That any liomestead entrymen or driatentees who shall be entitled to additional entry under this Act sh have, for mnety days after the designation of lands subject to entry under the (provisions of this Act and contiguous to those entered or owned an occupied by him, the eferential right to make additional entry as pfovided arg"; www in this Act: Flrovided, That where such lands contiguous to the lands cweemmappuiuu. of two or more entrymen 0;-£(atentees entitled to additional entries under this section are not s ient in area to enable such entrymen to secure b additional entry the maximum amounts to which they are entitled? the Secretary of the Interior is authorized to make an equitable division of the_ ands among the several entrymen or pat entees, applying to exercise preferential rights, such division to be in ma e as u e as near 1 e e c — '“"°‘E{“ °* ?.°“ l°°’“.i£‘““ *°’“’i§€'.§”’ °’·?.ih‘i'i.l°%£`€Z°i§i"{.‘“§?.‘§i. ?$~§° men and psgantees will acquire  the tracts embraced m additional entries to the lands originallyl eld or owned by them: ,u‘g$f°°°°°‘ir°t°p` P T}18·l3 where but one suc tract of vacant land giay a join e an o two or more entrymen or patentees_entitle to exercise eferential right hereimder, the tract in qluestion may be entered li); the person who first submits to the loc land office his Cd md mmmb application to exercise said preferential right. _ wumwd _ mc. 9. That all entries made and patents issued under the provisions of this Act shall be subject to and contam a reservation to the U6nliteddStates {gi all thigh coal aapldtpthergninerals in thq lands so . enter an paten ,toe erwit erigttoprospect or,m1ne, mi)i°$·:°l mm mb and remove the same. The coal and other mineral deposits in such lands shall be subject to disposal biy the United States m accordance g md with the provisions of the coal an mineral land laws in force at the p..$”g'1f.,w.,d, pm time of such  Any person qualiiied_to locate and enter the coal or other mineral deposits, or hawagithe right to mme and remove the same under the laws of the Um States, shall have the right at all times to enter upon the lands entered or patented, as provided by  Act, for the puixose of prospecting for coal or other mineral therein, provided he sh not mjure, damage, or destroy the permanent imgrovements of the entryman or patentee, and s all be hable S M { to and s all compensate the entryman or patentee for all damages to m‘§‘,?“pu$w§° P3`; the crops on soc lands by reason of such prospecting. Any person “‘“ · who has acqmred from the United States the coal or other mineral deposits in any sinch land, or the iight to mgigte and urlemoye the samloé may reenter an occupy so muc o the s ace ereo as may Cmdwing required for all purposes reasonably incident to the  or removal of the coal prlotliler mmergls, first, upon securing the wrxgten consent or waiver o the omestea entryman or patentee; secon, upon a · ment og the cilamlagres to crops or othiretlanlgible imlprovementshtoptlie owner thereo, w e agreement may a as to the amount t reof; or, third, in lieu of either of the foregoing provisions, upon the eeicecution of a good aud sufficient bond or undertaking to the United States for the use and benefit of the entryman or owner of the land, to secure tlgelpayment of such damages to thedcrops or tangible improvements o theentrymanorowner,asmaybe etermined dfix d f brought upon the bond or undertaking in a couratuof coienpleltgniltajpiiiisri diction  tl? prmcipial and surgties there}o1;,usluch bolnd or undertakmgto em orman maccor ance `t t' prescribed by the Secretary of the_ Interioiiland toBSb:u6ledc§·u1Hali hnnd approved by the register and receiver of the local land office of the Pmm district wherein the and is situate, subject to a peal to the Commis- psrem saab- sioner of the General Land Office: Provided, Tlliat all atents issued ec. dg °s’ for the coal or other mineral deposits herein reservedp shall contain