Page:United States Statutes at Large Volume 9.djvu/206

 180 TWENTY-NINTH CONGRESS. Sess. H. Ch. 54. 1847. Laud omce to a land office shall be established at such place therein as the Presib° °“*“bH*"°d· dent of the United States may select. Qeolpgical ex- Sec. 2. And be it further enacted, That the Secretary of the Treas. °;:,';“f;°;,d dt; ury shall cause a geological examination and survey of the lands sm. tile: to he made. braced in said district to be made and reported to the Commissioner of the General Land Office. And the President is hereby authorized to cause such of said lands as may contain copper, lead, or other val- Minsi-al and uable ores, to be exposed to sale, giving six months' notice of the ¤th¤¤' 1******** *° times and places of sales in such newspapers of general circulation in
 * ,,_°Xp°S°d w the several States as he may deem expedient, with a brief description

of the lands to be offered; showing the number and localities of the mines known, the probability of discovering others, the quality of the ores, the facilities of working themines, and the means and expense of transporting their products to the principal markets in the United States.` And all the lands embraced in said district, not reported as aforesaid, shall be sold in the same manner as other lands under the laws now in force for the sale of the public lands, excepting and re- 16th sections, serving from such sales section sixteen in each township for the use 5-2:;d*° b° '°· of scfhools,bm1d such reservations as the President shall deem neces- ‘ sar or u ic uses. _Preemption Sec.  And be it further enacted, That every person or persons 3:28 “°*‘§‘,l who shall bein possession, by actual occupancy, of a mine or mines, mine; actually discovered previous to the passage of this act, and who shall pay the same rents as those who hold under leases from the Secretary of War, and which rents accruing from such occupants and lessees shall be paid and delivered to such officer of the government as the Secretary of the Treasury shall direct, shall be entitled to purchase the lands on which the same is or are situated at any time prior to the day of sale fixed by the President, in legal subdivisions, not exceeding in the aggregate one hundred` and sixty acres, to include such mine or mines, paying to the United States therefor at the rate of Pmof to be five dollars per acre: Provided That, prior to any entry being made m°d°· under the provisions of this section, proof of possession and occupancy as aforesaid of the mine or mines claimed shall be made to the register and receiver of the land district, together with the evidence of the payment of all rents due the United States, agreeably to such rules as may be prescribed by the Secretary of the Treasury for that purpose, which register and receiver shall each be entitled to receive Appeals may one dollar for his services therein: Provided, That an appeal from fgmmwgflggzg; the decision of the register and receiver to the Secretary of the Treas ,,,y_ry ury may be had, under such regulations as the said Secretary may _.Ioint occupa- prescribe. And if two or more persons are in possession of the same “°"- quarter-section, the first occupant shall be entitled to a preference, unless the same can be so divided by legal subdivisions as to give to .each the discovery claimed by him. How mineral Sec. 4. And be it further enacted, That, the said mineral lands ,‘?;',_°;{’: °f' shall be offered for sale in subdivisions of quarter-quarter sections, ` and no bid shall be received at a less rate than five dollars per acre; and if such lands shall not be sold at `public sale, they shall be sub- 0<>¢¤Pi*>dl=¤d= ject to entry at private sale at that price; Provided, That no legal °° b°wmm°m' division or subdivision of any of said lands, upon which there may be an outstanding lease or leases from the Secretary of War unexpired or undetermined, and which is actually occupied for mining purposes, and the occupants of which have complied with all the requisites of such lease or leases, and continued to perform the same, shall be sold until after the determination of such lease or leases by eillux of time, vollpntary surrender, or other legal extinguishment thereof, except lin suc cases as are provided for in the third section of this act; andt e lessees, respectively, shall be entitled to the privilege secured by said