Page:United States Statutes at Large Volume 44 Part 1.djvu/1392

 § 714 rama mr-ra is ntented, a plat thereof, for not exceeding aix hundred. and , forty acres, describing its exterior boundaries according to the lines of the pnhllc surveys, where such surveys have ‘been execrrted; also giving the name of such city or town, and exhibiting the streem, equua, blocks, lots, and alleys, the sine ot the §§Q,  é·  cd *ci l" ‘l¤®ie Y¥   {t5 of each    sion, the low in which shall meh not exceed tour thousand i two nenarec square `teet, with a statement of the extent and general rcharncter of the improvements; such map and statemnt to hexerihed under oath; by the partyactlng for-and in l@alf of the persons proposing to ;es`tfa_h_llsh such city or town; and within one month _`sfter£.suc§}§ll;r_£g there shall   transmitted to the Genersllband 0@ce a verihed tragript of such map and statement, accommnied. by the test ony ot two » witnesses that auch city or town has been established in good faith, and when the premises are within the. llmlts ot an organlwd land district, a similar map and- statement shall be Bled with the register, and at any time after the nllng ot such map, statement, and testimony in the General Innd Omce it may lm lawful for the President v to cause the lots embraced within the so limits of meh `city or town to- be offered at public sale to the highest- bidder, subject to a minlinum ot $10 for each let; and swh lots as may not be disposed ot at publicsale shall therenfta be liable to private entry at such minimum, or at such reasonable lncreaseor- diminution thereafter as the Sccremry of the Interior may order- from time -to time, after at least three rnonths' notice, in view or the increase or decrease 1 in the value ot the munidpal property. (R. S. 5 2382; Mar. 3, I 19%, c. 462, 43 Stat. 1145.) `*‘ ‘ _ ._ 5 714. Towns n established on unsnrveyed lands; extension ~suche-~cities· or twns are e-t—t veyed lands, it may be lawful, after the extension thereto of the pnbllirsnrveys, to adjust the extension- limits of the premises according to_ those lines, where it can be done without, interference. with rights which may be vested by sale; and patents .for all lots m  of at public or private sale shall issue as in ordlnary cases. (B. S. { 2383.-) · · · · Y 7.15. Transcript maps: not Sled in twelve monthsgélt within twelve months from the establishment ot a·clty or town on é the public domain, the parties interested refuse or fail to me ln. the General Land Odiee a transcript- map, with the sthtement and {testimony (called for by the provisions or section 713, it xnay"be lawful for the Secretary ot the Interior to canoe an survey are plstto he made ot such Eityor town, and thereafter the Iota in the ieame shall. be dlsmd of as requtgd by Ssuch _ provisions, with this ·exception,· that they shall ea _ be at an increase of l 50 per_.oentun1`on the minimum G! $10 per lot. (R; S. § 716. Size of lots or plat   from general rule.-4In the case gt any city or town, in rrhlch the lots may- be varlantl ass to size fnoxn the limitation Hxed in section 713, and in which the lon-; and buildings, as rnnniciml lmprovernents, cover an area greater than sixhundred and tortyacres, such variance as to size ot lots or excess jln area shall prove norbar to such c ty or ~ town claim under the provisions ot that section`; but thekninii l mum pricecot each lot in such clty_or`town, which may tain 1 a greater mnnber of muare feet than the maximum named in that section, shall' be increased to such reasonable amount. aq the Secretary ot the Interior may by rule establish. · (R. S,. §‘..Z3£4;‘$.) ·  t     _ 717. Title to lots snbie¢t'·to‘1niner•1‘rights.——\Vhere mineral · evelna are possessed, which po@aion is recognized by local. authority, and to the extent so  and· recognized, the title to town lots to be acquired shall be subject to such recog-r 'nized posoeaelon and` the necessary  thereof ;°°· but nothing contained in this section shall .be so construed as to recognize any color of title in posoessors for mining purposes as against. the UnitedStates. (B. S..§ 2386.) ~

• rama Lawns 1378 E 718. Fmtry of town authorities ar trast for eecupantsp-- Whenever any portion of the public lands have been or may bg settled upon and occupied as a town site, it is lawful, in cane such town be incorporated, for the corporate authorities thereof, and, it not incorporated, for the judge of the county court for. the eoantyyln which each town is situated, to enter at the proper land odlce, and at the minimum price,  land so settled and occupied in trust for the several uae and benedt of the errn- ‘mnts thereof, aecordlng to their respective interests; the execution ot which trust, aato the disposal of thelotjs in such town, and the proceeds of the sales thereof, to he Aeonducted under such regulations! as maybe prescribed by the l@slatire author- `ity of the State or Territory in which the same may he aituamg ( R. S. § 2387 ;, Mar. 3, ,1891, c. 561, { 4, 28 seat. 1w?.) _ 719. When entry is to be 1¤•de,——The entry of the land provided for in the preceding section shall be made, or a declaratory statement ot the purpose of the inhabitants to enter it as a town site shall. be med with the regster ot the l>f¤P¢1’ land office, prior to the commencement of the public mle of the body, t ot land in whleh lt is lneluded, and- the entry or declaratory , statement shall include only such land as is actually occupied by thetown, and the title to which is in the United States; but in any Territory in which a land o§ce may mt have been mablished, such declaratory statements may be nled with the Fwd Surveying Service of the district up which the lands are sltuated; who shall transmit the same to the General Land 0@ce. `(R; S._ § 2388; Mar. 3, 1025, c. ’4&, 43 Stat. 1144.) l 720. Entry in proportion to number of inh•hita¤t•.—·It upon surveyed lands, 'theentry shall; in im exterior lihlt he made in conformity to the legal subdivisions of the public lands au~ _ _>pV  Il     ,,,_,,     ? _ one hundrféd. and less than two hundred, shall embrace not · exceeding three hundred and twenty acres; and in cases where the  ot, such town are more than two hundred. and less than one thousand, shall embrace notexceeding si hundred and forty acresw; and ivhere the number of tnhsbiunw is one thousand and over one thousand, shall embrace not exceediag n twelve hundred and eighty acres ;_.bnt for each additional one thousand inhabitants; not exceeding hte thouxnd in all, a rfurther grant of threeghunclred and twenty- acres shall he'_ allowed. (R.S.§2389.)  ·._ _ 5‘. " ~ 721{ `Acts off trustees.-—Any act of the trumees not made in conformity to the -regu1ations_ alluded to in Section 718 shall he vom. » uz, s. { 2:·1o1.y -·-`, ° _ 5 722., {Title aoquiredto mines or mining cliihs.-·—-No title shall be acquired, under the provisions ot sections 'Z11;_to 721, inclusive, to any- mine of gold, silver, ciunahar, or ocopper; or to any valid-·mining claiu; or posswsion held under laws exiating on March 2, 1867. ’°(R. S. { 2392.) J - _ · . . " 723{ Military or other provisions ot we- °· 'tions 711 to 724,;inclusi-re, shall not apply to military or other reservations made by the United States prior to  2. 1867. nor to rwervationls Tor ilghthousw, customhou '/ mints, or auch other public  as the-interests of theS?nlted States `inay require; whether -held under reéervntions through the · Land Ofllceby title derived from the Crown ot Spain, or otherwise. (R. S. ·§.%93.’) · __ < ~ > · ·. . 724.. Inhabitants of tovrns on pnblielands; night toenter.-·— _.The inhabitants ofany town located on the public lands may avail themselves, it the tovén authoritia  to do Neo, of the provisions of seetions° 718, 719, and 720_:;and in addition to the minimum price. ot the lands egbraéing any town site so entered, therashnll bepald by the partiesfavalllng themselves ot. such provisions all costs of surveying and platting any such town- site, and expenses hincident thereto incurred s by the United Statesj before any patent issuesftlnereto_r;·_hut nothing contained in the sections herein cited shall prevent the Issuance. ‘