Slike strani
PDF
ePub
[ocr errors]

COAL STATUTES.

13 Stat. 343, July 1, 1864.
COAL LANDS-DISPOSAL.

An Act to Dispose of Coal Lands and of Town Property in the Public Domain.

Be it enacted, etc., That where any tracts embracing coal beds or coal fields, constituting portions of the public domain, and which, as mines," are excluded from the preemption act of 1841, and which under past legislation are not liable to ordinary private entry, it shall and may be lawful for the President to cause such tracts, in suitable legal subdivisions, to be offered at public sale to the highest bidder, after public notice of not less than three months, at a minimum price of $20 per acre; and any lands not thus disposed of shall thereafter be liable to private entry at said minimum.

COAL LANDS-DISPOSAL-AMENDMENT.

13 Stat. 529, March 3, 1865.

An Act Supplemental to the Act Approved July 1, 1864, for the Disposal of Coal Lands, Etc.

Be it enacted, etc., That in the case of any citizen of the United States who, at the passage of this act, may be in the business of bona fide actual coal mining on the public lands, except on lands reserved by the President of the United States for public uses, for purposes of commerce, such citizen, upon making proof satisfactory to the register and receiver to that effect, shall have the right to enter, according to legal subdivisions, a quantity of land not exceeding 160 acres, to embrace his improvements and mining premises, at the minimum price of $20 per acre, fixed in the coal and town property act of July 1, 1864: Provided, That where the mining improvements and premises are on lands surveyed at the passage of this act, a sworn declaratory statement descriptive of the tract and premises, showing also the extent and character of the improvements, shall be filed within six months from the date of this act; and proof and payment shall be made within one year from the date of such filing; but where such mining premises may be on lands hereafter to be surveyed, such declaratory statement shall be filed within three months from the return to the district land office of the

official plat; and proof and payment shall be made within one year from the date of filing.

SEC. 2. And be it further enacted, That in the case of any city or town which, at the passage of this act, may be existing on the public lands in which the lots therein may be variant as to size from the limitations fixed in the said act of July 1, 1864, and in which the lots and buildings as municipal improvements shall cover an area greater than 160 acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim, under said act of July 1, 1864, effect to be given to this act according to such regulations as may be prescribed by the Secretary of the Interior: Provided, That the minimum price of each said lots in any such town or city, which may contain a greater number of square feet than the maximum named in the act to which this is an amendment, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish: Provided, further, That where mineral veins are possessed, which possession is recognized by local authority, and to the extent so possessed and recognized, the title to town lots to be acquired shall be subject to such recognized possession and the necessary use thereof: Provided, however, That nothing contained herein shall be so construed as to recognize any color of title in possessors for mining purposes as against the Government of the United States.

ORIGINAL COAL-LAND ACT.

17 Stat. 607, March 3, 1873.

An Act to Provide for the Sale of the Lands of the United States Containing Coal.

Be it enacted, etc., That any person above the age of 21 years, who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the register of the proper land office, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding 160 acres to such individual person, or 320 acres to such association, upon payment to the receiver of not less than $10 per acre for such lands, where the same shall be situated more than 15 miles from any completed railroad, and not less than $20 per acre for such lands as shall be within 15 miles of such road.

SEC. 2. That any person or association or persons severally qualified as above, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under the foregoing provisions, of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as in section 1 of this act, shall have expended not less than $5,000 in working and improving any such mine or mines, such association may enter not exceeding 640 acres, including such mining improvements.

SEC. 3. That all claims under section 2 of this act must be presented to the register of the proper land district within 60 days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor: Provided, That when the township plat is not on file at the date of such improvement, filing must be made within 60 days from the receipt of such plat at the district office: And provided further, That where the improvements shall have been made prior to the expiration of three months from the passage of this act, 60 days from the expiration of said three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this act shall be allowed until the expiration of six months from the date hereof.

Sec. 4. That this act shall be held to authorize only one entry by the same person or association of persons under its provisions; and no association of persons, any member of which shall have taken the benefit of this act, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions of this act; and no member of any association which shall have taken the benefit of this act shall enter or hold any other lands under its provisions; and all persons claiming under section 2 hereof shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant.

SEC. 5. That in case of conflicting claims upon lands where the improvements shall be hereafter commenced, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right of pur

chase. And also where improvements have already been made at the date of the passage of this act, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties; and the Commissioner of the General Land Office shall be, and is hereby, authorized to issue all needful rules and regulations for carrying into effect the provisions of this act.

SEC. 6. That nothing in this act shall be construed to destroy or impair any rights which may have attached prior to its passage, or to authorize the sale of lands valuable for mines of gold, silver, or copper.

COAL LAND SECTIONS.

§2347, Revised Statutes.

I. COAL SECTIONS.

Every person above the age of 21 years, who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the register of the proper land office, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding 160 acres to such individual person, or 320 acres to such association, upon payment to the receiver of not less than $10 per acre for such lands, where the same shall be situated more than 15 miles from any completed railroad, and not less than $20 per acre for such lands as shall be within 15 miles of such road.

§2348, Revised Statutes.

Any person or association of persons severally qualified, as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under the preceding section, of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as above provided, shall have expended not less than $5,000 in working and improving any such mine or mines, such association may enter not exceeding 640 acres, including such mining improvements.

§2349, Revised Statutes.

All claims under the preceding section must be presented to the register of the proper land district within 60 days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within 60 days from the receipt of such plat at the district office; and where the improvements shall have been made prior to the expiration of three months from the 3rd day of March, 1873, 60 days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this

« PrejšnjaNaprej »