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years, the time for planting such trees, seeds, or cuttings shall be extended one year for every such year that they are so destroyed: Provided, further, That the person making such entry shall, before he or she shall be entitled to such extension of time, file with the register and the receiver of the proper land office an affidavit, corroborated by two witnesses, setting forth the destruction of such trees, and that, in consequence of such destruction, he or she is compelled to ask an extension of time, in accordance with the provisions of this law.

20 Stat. 113, 114, 115. Decisions Sec. Int., May 17, 1876 (3 Copp's

L. 0. 38); Dec. 23, 1876 (3 id. 180); April 2, 1877' (4 id. 21); May 29, 1878 (5 id. 87); Dec. 4, 1879 (6 id. 153); April 30, 1880' (7 id. 39); May 31, 1880'(7 id. 39).' Decisions Com. G. L. O., June 24, 1873 (Copp's L. L. 652); July 25, 1874 (id. 653; 1 Copp's L. 0.92); Aug. À, 1874 (Copp's L. L. 654); Dec. 11, 1874; Jan. 21, 1875 (1 Copp's L. O. 171); Feb. 11, 1875 (Copp's L. L. 654; 1 Copp's L. 0.181); June 28, 1875 (2 Copp's L. 0.54); July 1, 1875 (2 id. 54); Sept. 27, 1875 (2 id. 100), Dec. 3, 1875 (2 id. 133); July 6, 1876 (3 id. 72); July 17, 1876 (3 id. 71); April 9, 1877 (4 id. 162); July 18, 1877 (4 id. 162); July 24, 1877 (4'id. 85); Jan. 24, 1879; May 18, 1880 (7 Copp's L, Ó. 39). Cir. G. L. O., April 6, 1874 (Copp's L. L. 649; I Copp's L. O.

26). General Cir. G.L.O., Sept. 1, 1879, pp. 25, 27. Proof of culti. SEC. 278. No final certificate shall be given, or patent isvation, final certificate, and pat- buell,

F: sued, for the land so entered until the expiration of eight ent.

years from the date of such entry; and if, at the expiration of such time, or at any time within five years thereafter, the person making such entry, or, if he or she be dead, his or her heirs or legal representatives, shall prove by two credible witnesses tbat he or she or they have planted, and, for not less than eight years, have cultivated and protected such quantity and character of trees as aforesaid ; that not less than twenty-seven hundred trees were planted on each acre and that at the time of making such proof that there shall be then growing at least six hundred and seventy-five liv. ing and thrifty trees to each acre, they shall receive a patent for such tract of land.

20 Stat. 113, 114, 115. Decisions Sec. Int., Dec. 23, 1876 (3 Copp's

L. 0. 180); Nov. 14, 1877 (4 id. 134); Dec. 22, 1877 (5 id. 21); Sept. 17, 1878 (5 id. 119); April 30, 1880 (ý id. 39). Decisions Com. G. L. 0., June 24, 1873 (Copp's L. L. 652); Feb. 11, 1875 (id. 654); March 11, 1875 (id. 655); March 23, 1875 (id. 656); June 28, 1875 (2 Copp's L. 0.54); July 1, 1875 (2 id. 54); Sept. 2, 1875(2 id. 117); Dec.3, 1875 (2 id. 134); March 10, 1877 (4 id. 162); Jan. 8, 1878(4 id. 167); May 18, 1880 (7 id. 39). Cir. G. L. O., June 27, 1878 (5 Copp's L. 0.77).

General Cir. G. L. O., Sept. 1, 1879, p. 24. Right to be for- SEC. 279. If at any time after the filing of said affidavit, feited on failure

th and prior to the issuing of the patent for said land, the the law

claimant shall fail to comply with any of the requirements of this law, then and in that event such land shall be sub.

ject to entry under the homestead laws, or by some other Proviso. person under the provisions of this law : Provided, That the

party making claim to said land, either as a homestead settler, or under this law, shall give at the time of filing his application, such notice to the original claimant as shall be prescribed by the rules established by the Commissioner of the General Land Office; and the rights of the parties shall be determined as in other contested cases.

20 Stat. 113, 114, 115. Decisions Sec. Int., March 19, 1877 (4 Copp's

L. 0.21); May 28, 1877 (4 id. 54); Sept. 17, 1878(5 id. 119); Aug. 23,

1879 (6 id. 113); March 4, 1880 (7 id. 39); May 31, 1880 (7 id. 39). De-
cisions Com. G. L. O., June 30, 1874 (Copp's L. L. 656); Dec. 11,
1874 (6 Copp's L, O. 114); March 11, 1875 (Copp's L. L. 655); March
23, 1875 (id. 655); March 25, 1875 (id. 657); Oct. 30, 1875 (2 Copp's
L. 0. 117); Feb. 18, 1876 (2iá. 180); May 11, 1876 (3 id. 22); July 20,
1876 (3 id, 72); March 30, 1877 (4'id. 76); July 13, 1877 (4 id. 77);
Dec. 4, 1877" (4 id. 149); Nov. 1, 1878 (5 id. 147); March 4, 1879 (6
id. 126) ; Oct. 22, 1879, Feb. 17, 1880, April 15, 1880 (7 Copp's .
0.25). Cir. G. L.O., Dec, 28, 1877 (4 id. 166); June 27, 1878 (5
id. 77); - , 1878 (5 id. 118). General Cir. G. L.O., Sept. 1,1879,

pp. 25, 27. SEC. 280. No land acquired under the provisions of this Land not liable law shall, in any event, become liable to the satisfaction of for prior debts. any debt or debts contracted prior to the issuing of the final certificate therefor.

20 Stat. 113, 114, 115. Cir. G. L.O., June 27, 1878 (5 Copp's L.O.

77). General Cir. G.L.O., Sept. 1, 1879, p-25. SEC. 281. The Commissioner of the General Land Office is Commissioner required to prepare and issue such rules and regulations, time

to make regulaconsistent with this law, as shall be necessary and proper to carry its provisions into effect; and the registers and re- Fees of regisceivers of the several land offices shall each be entitled to re-ters and receive ceive two dollars at the time of entry, and the like sum when the claim is finally established and the final certificate issued.

20 Stat. 113, 114, 115. SEC. 282. The fifth section of the act entitled "An act in False oath con. addition to an act to punish crimes against the United stitutes perjury. States, and for other purposes”, approved March third, eighteen hundred and fifty-seven, shall extend to all oaths, affirmations, and affidavits required or authorized by this act.

11 Stat. 250; 20 id. 113, 114, 115; R. S. 5392. Cir. G. L. O., June 27,

1878 (5 Copp's L. 0.77). General Cir. G.L.O., Sept. 1, 1879, p. 26. SEC. 283. Parties who have already made entries under Entries under the acts approved March third, eighteen hundred and sey- former laws, how enty-three, and March thirteenth, eighteen hundred and seventy-four, shall be permitted to complete the same upon full compliance with the provisions of this chapter; that is, they shall, at the time of making their final proof, have had under cultivation, as required by this chapter, an amount of timber sufficient to make the number of acres required by this chapter; and all laws and parts of laws in conflict with the provisions of this chapter are hereby repealed.

17 Stat. 605; 18 id. 21; 20 id. 113, 114, 115. Decision Sec. Int.,

March 17, 1879 (6 Copp's L. 0. 21.) Decisions Com. G. L. O., Feb.
14, 1879 (6 Copp's L. 0. 22); April 1, 1879 (6 id. 126). Cir. G. L.O.,
June 27, 1878 (5 Copp's L. O. 77). General Cir. G. L. O., Sept. 1,

1879, p. 24. SEC. 284. The notices of contest provided by law under Publication of the tree-culture laws shall be printed in some newspaper noticesof contest. printed in the county where the land in contest lies; and if no newspaper be printed in such county, then in the newspaper printed in the county nearest to such land.

20 Stat. 91. Cir. G. L. O., June 12, 1878 (5 Copp’s L. 0. 101). SEC. 285. When any timber-culture claimant shall file a Lands relin.

quished by tim. written relinquishment of his claim in the local land office,

er-culture claim. the land covered by such claim shall be held as open to settle ants subject to

entry at once.

ment and entry without further action on the part of the Commissioner of the General Land Office.

Act of May 14, 1880. Decisions Com. G.L.O., Nov. 5, 1875 (2 Copp's

L. 0. 133); July 18, 1877; Aug. 18, 1877 (4 id. 85); Nov. 1, 1878 (5

id. 147); March 3, 1880. Contestant of SEC. 286. In all cases where any person has contested, timber-onlture entry allowed 30 paid the land office fees, and procured the cancellation of days after potico any timber-culture entry, he shall be notified by the register of cancellation to a make entry.

of the land office of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands; and the register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported.

Act of May 14, 1880. Decisions Sec. Int., March 29, 1877 (3 Copp's

L. 0. 21); May 28, 1877 (3 id. 54). NOTE.—The following acts authorizing settlers upon the public lands under the pre-emption, homestead, and timber-culture laws, whose crops were destroyed by grasshoppers, to absent themselves temporarily from their lands, and extending the time for making final proof, have been passed from time to time by Congress, viz: 18 Stat. 81; 19 id. 54, 55, 59, 405; 20 id. 88, 169; act of June 4, 1880.

CHAPTER TEN.

TOWN SITES AND COUNTY SEATS.

See.

287. Town sites to be reserved.
288. Reservations to be surveyed into lots.
289. Town or city sites on public lands.
290. When towns established upon unsur-

veyed lands, extension limits, how

adjusted. 291. When transcript maps of town are

not filed in twelve months, pro

ceedings by Secretary of Interior. 202. Where size of lots or town plat vary

from general rule. 293. Title to lots subject to mineral rights. 294. Entry of town authorities in trustefor

occupants. 295. Entry under preceding section, when

to be made. 296. Entry in proportion to number of

inhabitants. 297. Authorities of Salt Lake City, rights

of, as to entry.

Sec.
298. Additional entry allowed where town

has entered less than maximum. 299. Not more than 2,560 acres to be re

served for town site. 300. Certain entries within town sites

confirmed. 301. Where town site exceeds maximum,

authorities to select lands to bé retained, or Commissioner may take testimony and restrict limits. Copies of acts incorporating towns,

how furnished. 302. Certain acts of trustees to be void. 303. Pre-emptions by counties for seats of

justice. 304. No title acquired to gold mines, &c.,

or to mining claim, &c. 305. Military or other reservations, &c. 306. Inhabitants of towns on public lands,

right of, to enter.

be surveyed into

SEC. 287. The President is authorized to reserve from the Town sites to public lands, whether surveyed or unsurveyed, town sites be reserved. on the shores of harbors, at the junction of rivers, important portages, or any natural or prospective centers of population.

12 Stat. 754; 19 id. 392; R. S. 2380. SEC. 288. When, in the opinion of the President, the pub- Reservations to lic interests require it; it shall be the duty of the Secretary lots. of the Interior to cause any of such reservations, or part thereof, to be surveyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence af.erward to be held subject to sale at private entry, according to such regulations as the Secretary of the Interior may prescribe; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof; and all such sales shall be conducted by the register and receiver of the land office in the district in which the reservations may be situated, in accordance with the instructions of the Commissioner of the General Land Office.

12 Stat. 754; R. S. 2381. Decision Sec. Int., Aug. 28, 1880 (8 Wash.

Law Rep. 574). SEC. 289. In any case in which parties have already Town or city

sites on pablic founded, or may hereafter desire to found, a city or town on lands. the public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and

107

forty acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed; also giving the name of such city or town, and exhibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and area of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and general character of the improvements; such map and statement to be verified under oath by

the party acting for and in behalf of the persons proposing · to establish such city or town; and within one month after such filing there shall be transmitted to the General Land Office a verified transcript of such map and statement, accompanied by the testimony of two witnesses that such city or town has been established in good faith, and when the premises are within the limits of an organized land district, a similar map and statement shall be filed with the register and receiver, and at any time after the filing of such map, statement, and testimony in the General Land Office it may be lawful for the President to cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of ten dollars for each lot; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminution thêreafter as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substantial improvements shall be entitled to prove up and purchase the same as a pre-emption, at such minimum, at any time before the day fixed for the public sale.

13 Stat. 343; R. S. 2382. Towsley v. Johnson, 1 Neb. 95; Nevada

v. Rhodes, 4 Nev. 312; Robinson v. Imperial Silver, &c., 5 id. 44; Bell v. The Bed Rock Tunnel Mining Co., 36 Cal. 214. Decision Com. G. L. O., April 4, 1868 (Zab. L. L. 196). Cir. G. L. O., Aug. 20, 1864 (Zab. L. L. 179; Copp's L, L. 661); Oct. 20, 1865 (Copp's

L. L. 678). When towns es- SEC. 290. When such cities or towns are established upon tablished upon unsurveyed lands, it may be lawful, after the extension unsurveyed lands, extension thereto of the public surveys, to adjust the extension limits limits, how adjusted.

all 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 so disposed of at public or private sale shall issue as in ordinary cases.

13 Stat. 344 ; R. S. 2383. When transcript SEC. 291. If within twelve months from the establishment maps of town are not filed in twelve

Weire of a city or town on the public domain, the parties intermonths, proceed- ested refuse or fail to file in the General Land Office a tranof the Interior. script map, with the statement and testimony called for

by the provisions of section two hundred and eighty-nine, it may be lawful for the Secretary of the Interior to cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this exception, that they

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