forty-seven of the Revised Statutes may be exercised upon surveyed lands without previous occupation or improvement. Necessarily, the lands sought to be entered must be vacant, and otherwise unreserved and unappropriated. In other words, they must be public lands. They may only be applied for by government subdivisions and in limited quantities; that is, an individual may not acquire to exceed one hundred and sixty acres, and an association of persons not to exceed three hundred and twenty acres. To obtain title to lands under this section, the applicant is required to file with the register of the proper land office a verified application,2 describing the lands sought to be purchased, his qualification under the law to make the entry, and such other facts as to the character and status of the land as will establish in the applicant a prima facie right of purchase. If the land is clear on the tract-books, the register certifies the fact to the receiver, and the price is determined according to the rule announced in a subsequent section.3 Payment must then be made, whereupon the final certificate is issued, and in due time the patent follows. Private entry will not be allowed so as to embrace one tract in the capacity of an assignee, and another under the individual right of the purchaser.* Until application is made to enter and purchase under this section, the claimant has no right which is worthy of recognition. His possession, if he has any, must yield to one who complies with the law and files upon the land. 1 Ante, § 112. See form in Circ. Instructions, 1 L. D. 688. See Appendix. • Post, § 507. In re Ludlam, 17 L. D. 22. Leheart v. Dunker, 4 L. D. 522. 504. Preferential right of purchase under Revised Statutes, section twenty-three hundred and forty-eight. -In order to exercise the preferential right of purchase granted by section twenty-three hundred and fortyeight, there are two essential prerequisites: (1) The applicant must be in the actual possession of the lands applied for;1 (2) He must, prior to final entry, have opened and improved the mines situated thereon.2 The improvements made must be such as to clearly indicate good faith.3 In determining what constitutes good faith, the applicant's degree and condition in life may be considered.* Priority of possession and improvement, followed by proper filing and development of the mine in good faith, are the foundation of the preferential right." "The right to purchase coal lands is initiated by the "actual discovery of coal on the land and the perform ance of some act of improvement sufficient to give "notice to the world of an intent to purchase such lands "as coal lands. The right to purchase such lands can"not be initiated by the filing of a declaratory statement "therefor. 66 "In case of conflicting claims to coal lands, the preference right is determined not by the date of the filing of the declaratory statement . . . but by prior"ity of possession and improvement."'" 66 This right may be exercised by an individual or an association of persons. When exercised by an individual, it is limited to one hundred and sixty acres, and 1 In re Negus, 11 L. D. 32; Walker v. Taylor, 23 L. D. 110; McDaniel v. Bell, 9 L. D. 15. 3 Walker v. Taylor, 23 L. D. 10; Ouimette v. O'Connor, 22 L. D. 538. In re Negus, 11 L. D. 32. Watkins v. Garner, 13 L. D. 414. Bullard v. Flanagan, 11 L. D. 515. 'Reed v. Nelson, 29 L. D. 615, 619. 2 when by an association of persons, ordinarily to three hundred and twenty acres. Entries by associations consisting of not less than four persons may, however, be extended to six hundred and forty acres, after they shall have expended not less than five thousand dollars in working and improving such mines. The preferential right may be initiated by entering into possession and improving unsurveyed lands.' The right, however, may only be perfected after the lands shall have been surveyed and the township plat filed in the local land office. 505. The declaratory statement.-If the preferential right is initiated upon surveyed lands, the claimant must present to the register of the proper land office, within sixty days after the date of actual possession, and the commencement of improvements upon the land, his declaratory statement of the facts upon which he bases his right. Where the lands upon which the right is initiated by occupation and development are unsurveyed, the time within which the declaratory statement is to be filed commences to run from the date the approved township plat is received at the local land office.2 Failure to file this instrument within the time specified renders the land subject to entry by another, if he has complied with the law; but in the absence of an adverse claimant, the right to complete the entry is not forfeited.4 3 A second filing for the same tract will not be allowed to one who has failed to comply with the law in the first instance.5 The statement must be verified by the oath of the ap 'Holladay Coal Co. v. Kirker, 20 Utah, 192, 57 Pac. 882. "Rev. Stats., § 2349. Brennan v. Hume, 10 L. D. 160; O'Gorman v. Mayfield, 19 L. D. 508. In re Grunsfeld, 10 L. D. 508. Id. plicant. This duty cannot be delegated to others;1 but after the same is filed, the subsequent acts required to complete the entry may be performed by a duly authorized agent, acting under a power of attorney.2 2506. Assignability of inchoate rights.—An inchoate right or privilege flowing from an accepted application or declaratory statement may be assigned to one who possesses the necessary legal qualifications; but such assignment, if the assignee perfects the entry, would extinguish the right of both parties to purchase lands under the coal-land laws, and both would thereafter be disqualified from making further entries. However, the sale of an option to purchase which is not taken advantage of, does not disqualify a claimant to enter coal land.1 Where such assignments are made, the purchaser may avail himself of the improvement and development of his assignor. 507. The purchase price. The price fixed by law to be paid for coal lands depends upon the situation of the lands with respect to completed railroads." If within fifteen miles of such road, the entryman must pay at the rate of twenty dollars per acre. If more than fifteen miles, ten dollars per acre. The distance from the road 1 White Oaks Imp. Co., 13 Copp's L. O. 159; In re Hallowell, 2 L. D. 735. * Rose v. Dineen, 26 L. D. 107; par. 34, Circ. Instructions (Coal Lands). See Appendix. For forms of declaratory statements, and the manner of procedure generally, see the Coal Land Circular Instructions, which appear in full in the Appendix. Kerr v. Carlton, 10 Copp's L. O. 255; Guillet v. Durango Land and Coal Co., 26 L. D. 413; par 37, Circ. Instructions (Coal Lands). See Appendix. Reed v. Nelson, 29 L. D. 615. In re Foster, 2 L. D. 730. (not the distance from the nearest shipping-point), is the test.1 The status of the land at the date of final proof and payment, with respect to this distance, determines the price thereof, irrespective of the status when the preference right is initiated or acquired.2 Where the land lies partly within fifteen miles and in part outside such limit, the maximum price must be paid for all legal subdivisions, the greater part of which lie within fifteen miles of such road.3 The term "completed railroad" is construed by the department to mean one which is actually constructed on the face of the earth.* Final proofs must be made, and the lands must be paid for, within one year from the time prescribed for filing the respective claims. Upon failure to do so, the lands are subject to entry by any other qualified applicant.5 % 508. The final entry.-Within the time fixed by the law, i. e. one year from filing the declaratory statement, the claimant must make his application to purchase, and submit proof showing compliance with the law. If there is no opposition, he is permitted to make entry and payment. If there are protests or adverse claims, a hearing is had, and the rights determined within the department. 509. Conclusions.-It will be observed that the nature of the inchoate estate created by compliance with the coal laws bears a striking analogy to that conferred by the former agricultural pre-emption act. The same analogy exists as to proceedings to acquire the title. 1 In re Conant, 29 L. D. 637. In re Colton, 10 L. D. 422; In re Largent, 13 L. D. 397; In re Burgess, 24 L. D. 11. 3 Par. 14, Circ. Instructions (Coal Lands). See Appendix. |