Page:United States Statutes at Large Volume 44 Part 1.djvu/1393

 1379 z·1r1.n 4.:.-eva. I af patwts to parsers who have made or may hermiter make d. entrim, and elect to proceed under other laws relative to town I1 etree set  in sections 711. to 724, inclusive. (B. S. Q $94.} cl 7%. wawty of had exclwed fron      end entry.--*17be. p existence or lncorporntion oi any town upon the public lands oz of the Grilled States shall unt be held to eicludé from home- vs grime &try a greater quantity than twentydre hundred and tl sixty mech of land, nr tm maximum aren which may be Qt: entered an il touch site under eéatiug laws, unless the entire rx tracy claimed or incorporated   such town site shall, lnclud· tl ing and in excm oi the area above Spccided, be actually set- s¤ ded num, l&hit@, iwrored, and need for business and mauieiwl  »l . H3,  {Mar. 3, 1877, c. 113, |‘1,·19 Stat. -392.; al Har. 3. lwl. e. $1. S 4, 29 Stat. 1037.) _ S 7%. Town site exeeeéng maxinua; cxceaa opened to settle- fl ¤ent.—·—Wheneyer the corporate limits of any town upon the 0 publh: domain are chown or alleged to- include lands in excess ·¤ of   area   e ded in section 725, the Commlwiouer G of the Gmernl   0@oe may require theauthorities of such fl term, and it   be lawful far them, to elect what portion of fl said ¤hms,°1n compnctform and embracing the actual site of T the mualdhal occupation and improvement, shall be withheld ca from   and entry; and thereafter the _· residue of such tl lands sha!} N 6l>¢¤ to disposal under the homestead, laws.; h  umn ddault of said town authorities to make such selec-‘ C Jon wlmlu   days after so uotldcatiou by the commissioner, ‘ ze may direct temmy @·ctim· the actual location and i extent or mid lmmovemeuu, to be taken by the register of the 7Q llstrhct in which and town may be situated; and, upon re- rl eipt of  same; he mardetermlue and set od the proper site ·7* ·. l  ... ., ¢ remaining landsopen o nettl t and entry under the  bob;i“&’t‘éauws:··j la7 a—. l  c 877, e. 113, { 3, 19.Stat.‘892; Mar. 3, 1891, c. 561, { 4,.26* 7: il¤t.1®7;lh!‘.3, 19%;e.ei62,—13;$tat..114.5.) · "  7* 727. Terai site less than maximum; additional e¤try.—·It  mil be_ lawtul for any town which has made, or may hereufter make entry of lex than the maximum quantity of land 1¤ an rr  in motion 720 to make quchaddltional entry, or entries, »- f cmtlmm tracts, which may be occupied for town purposes  z w& added tolthe   or entries theauotore made will 7, nt exceed. tmtrnve nuunreu and .aixty norm-:` Provided, . hat such addltlmal entry ahalliy not. together with all prior 7* ntrles be m   of thenrea td ’which-the town maybe .7, ntltled at date of the additional entry by virtue of its populw 7, lan as   in   section 720. (-Mar. 3, 1877, c. 113, _7¤ 4,19Stat.@) J   ~ ·_‘ .·"j 728. Town-we ewrhu on mbicralg lands; title to minerals  ml claims not •eqaked.·-Town-site eutrim may be made by xeorporated   and cltlm ou. tw nilneral laude of the 7‘ Faited Slam, but no »title  be acquired by such towns. ;or T ities to any rein of gold; diver, clnnabar, copper., or lead, J or > any valid mlulu claim or &¤sion held under the law d usda: on lin1@.3,¢1&1. Wbm `mineral veins are  u rlthin the ltmibs of an incorporated team or city, and? such te mended is   m e  byloml authority or by the laws of oz as unda: amen, the uae to com ian _ than no subjwt to e och        c and the necessary use thereof and u thm muy has haw made or patmtlasued for such town sites b > such ®r§oratcd town or city; the. r ot mw mineral r¤ ein may mter and rmlre patmt for sum mineral vein; and " he wrfaee ground nwerwuiug thereto:. Prevlded, That no p atry @411 be made by such .ml@··reln ccialiuant for surface u round ‘ where the ownu or occupier of the surface ground u hall have hw mmaon of the sam before the ineeptiou of . ie title of the minerarvdn”a;>plieant. (Har. 3, 1%1,_lc.· 561, ts 1@·$$8i¢¤¢· 1191-) - _, ?"`~ __  b 729. htries by cities and towns for cemetery and park pur- ez ones.-Jucomorated ettiea and towns shall have the right, uu- sw

L10 urns § 751 er rules and regulations prescribed by the Secretary ot the nterior, to purchase for 3cemeterY. and park p;1rp®& not exageding onoquarter section of public lands not reserved for ublic use, such lands to be within three xnilw of such citlm r towns: Provided, That when snch city or town is situated rtthin a mining district, the ls,nd proposedlto be taken nnder his section shall be considered as s;lmem1 lands, and patent J snch land shall not authorize ouch city or terrain extract xineral therefrom, but all such mineral shall be reserved to he United` States, and such reservation shall be; entered into uch patent. (Sept. 30, 1390, c. -1121, 26 Stat., 502.-) e 730. Patents to `transferees of town lots par to or at public ale.-—-In all cases where town lots nero sold- by the United tates at public sale, ond the purchaser at such sale had transerrcd his interest ln any such lot prior to the 11th day of tctober, 1911, and patent has not been issued in the name of he original purchaser, the Commissioner of the General Land >@ce may issue a patent in the name of the transferee wherenll payment of the purchase price has bmn made and eatinactory evidence of thedtransfer has been tarnished; Provided, 'hat it be shown that the original mrehaser is dead, or that ftcr due inquiry his whereabouts cannot be amertained, and hat the instrument oftransfer given by~ the original purchaser as been lost or destroyed; (July 9, 1914,‘c. 138, 38 Stat. dm,) lhaptcr, 1 8.-—·SURVEY OF "PUBLIG LANE. éc• I · . . · l · . - 51. Rules otj survey. . -—· . _,_E . . 52, Boundaries and contents of public lands; how ascertained. 53-. Linea of division ot halfquarter·sectiono·;- how runc 54. Contracts for surveys: when binding. . i 55. _C0ntract for survey; instructions deemed part ot. 56. Prices of surveys; heir established. `· * __   .. .      .    l r be   . . sented Md Pm 58: Delivery ot patent eontingenten refund of. coat oY?i”i?‘?@F f(*b "‘“`“f‘ scss so   59. When survey may bé hadby settlers in township. __ 50. Deposlttor expenses deemed as appropriation. l - B1'. Repayment of excess of deposits to cover- cost of surveys of mln·‘ ' eral lands. V     _ _   .   _ ' B2. Deposits made by settlers for surveys to go” in wrt payment of ·.lands. .-   -· 53. Deposits in 'Loulsiana. applicable to reenrveys. . B4. Augmented rates for surveys ot forest landsgxércgon. . . . B5. Angmnted rates {tor surveys ot forest lands ;( `Calffornla and _ . _.Washington. · \ - . _ . . · ‘ 66. `Geological su rveyeg ertension of public surveys, expenses ot sab- ._‘divldlng.. ·  _ »- “ B7. Surveys on watercourses ·.in certain ew, B8. Linea in Nevada. _ ‘, » K · ' 69. Geodetle method of survey in _O_rcgon and California. T0. Rectangular modeot survej; when departed from. · 71. Compensation by the day in Oregon and California. f . 72. Resorveysr or retracements to mark boundaries `ot lands undis- "-~poeedof.   "· ‘ 73. .Resurvcys‘ or retracexnente of township linen, etc. 74. Protection ot surveyor by rnarshal. ”_ ‘ _" . ‘ Section 7 51. Rules of survey;-·The public lands shall be ivlded byw north and south lines run according to the trne 1eridian,· and by others_ crossing them at ri@t_ qnglw, so as o (crm townshlps of sir. miles square, unless where the line t an Indian reeervationr or ot tracts of land surveyed or patnted prior to May 18, 1796L orthegcourse of navigable rivers, my render this impracticable; and in that, case this rule must e departed from no further thansnch particular circumstances equlre. a  · _ —· .» ‘ ` ` Second. The corners of the townships most be marked with. rogrmslve numbers Iron: the .beginning_; each distance ot a alle between such corners must he also distinctly marked with mrks dl3crent from those ot the corners. ·  .   _  Third. The ·township__shal1; be' subdllvided into sections, con--- Lining, as nearly as may be, sixhundred and forty acresh each, y. running through the @me, each way., parallel lines at the nd of every two miles; and by making a corner on each of nch Una. atthe end of every milel [The sections shall be.