silver, cinnabar, or copper; or to any valid mining-claim or possession held under existing laws. Mar. 2, 1867, 14 S. 541; June 8, 1868, 15 S. 67; June 23, 1874, 18 S. 254. Military or other reservations. Mar. 2, 1867, 264. Inhabitants of towns on public to enter. 23, 1874, 18 S. SEC. 2393. The provisions of this chapter shall not 14 s. 541; Feb. apply to military or other reservations heretofore made 28, 1877, 19 S. by the United States, nor to reservations for lighthouses, custom-houses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land-Office by title derived from the Crown of Spain, or otherwise. SEC. 2394. The inhabitants of any town located on the public lands may avail themselves, if the town authori- lands, right of, ties choose to do so, of the provisions of sections twenty- June 8, 1868, three hundred and eighty-seven, twenty-three hundred 15 S. 67; June and eighty-eight, and twenty-three hundred and eighty- 254. nine; and, in addition to the minimum price of the lands embracing any town site so entered, there shall be paid by the parties availing themselves of such provisions all costs of surveying and platting any such town site, and expenses incident thereto incurred by the United States, before any patent issues therefor; but nothing contained in the sections herein cited shall prevent the issuance of patents to persons who have made or may hereafter make entries, and elect to proceed under other laws relative to town-sites in this chapter set forth. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. An Act Respecting the limits of reservations for town sites upon the public domain. land excluded by town site. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the existence or incorporation of any town, Quantity of upon the public lands of the United States shall not be from preemption held to exclude from pre-emption or homestead entry a greater quantity than twenty-five hundred and sixty acres of land, or the maximum area which may be entered as a town-site under existing laws, unless the entire tract claimed or incorporated as such town-site shall, including and in excess of the area above specified, be actually settled upon, inhabited, improved, and used for business and municipal purposes. Certain entries within town sites SEC. 2. That where entries have been heretofore allowed upon lands afterwards ascertained to have been confirmed. embraced in the corporate limits of any town, but which entries are or shall be shown, to the satisfaction of the Commissioner of the General Land Office, to include only vacant unoccupied lands of the United States, not settled upon or used for municipal purposes, nor devoted to any public use of such town, said entries, if regular in all respects are hereby confirmed and may be carried into pat Where town site exceeds maximum. ent: Provided, That this confirmation shall not operate to restrict the entry of any town-site to a smaller area than the maximum quantity of land which, by reason of present population, it may be entitled to enter under said section twenty-three hundred and eighty-nine of the Revised Statutes. SEC. 3. That whenever the corporate limits of any town upon the public domain are shown or alleged to include lands in excess of the maximum area specified in section one of this Act, the Commissioner of the General Land Office may require the authorities of such town, and it shall be lawful for them, to elect what portion of said lands, in compact form and embracing the actual site of the municipal occupation and improvement, shall be withheld from pre-emption and homestead entry; and thereafter the residue of such lands shall be open to disposal under the homestead and pre-emption laws. And upon default of said town authorities to make such selection within sixty days after notification by the Commissioner, he may direct testimony respecting the actual location and extent of said improvements to be taken by the register and receiver of the district in which such town may be situated; and, upon receipt of the same, he may determine and set off the proper site according to section one of this Act, and decfare the remaining lands open to settlement and entry under the homestead and Copies of acts pre-emption laws; and it shall be the duty of the secretowns, how to be tary of each of the Territories of the United States to furnish the surveyor-general of the Territory for the use of the United States a copy duly certified of every act of the legislature of the Territory incorporating any city or town, the same to be forwarded by such secretary to the surveyor-general within one month from date of its approval. incorporating furnished. Where town site is less than SEC. 4. It shall be lawful for any town which has made, maximum. or may hereafter make entry of less than the maximum quantity of land named in section twenty-three hundred and eighty-nine of the Revised Statutes to make such additional entry, or entries, of contiguous tracts, which may be occupied for town purposes as when added to the entry or entries theretofore made will not exceed twentyfive hundred and sixty acres: Provided, That such additional entry shall not together with all prior entries be in excess of the area to which the town may be entitled at date of the additional entry by virtue of its population as prescribed in said section twenty-three hundred and eighty-nine. Proviso. Town-site entries on mineral Act approved, March 3, 1877 (19 Stat. 392). An Act To repeal timber-culture laws and for other purposes. SEC. 16. That town-site entries may be made by inlands not to in corporated towns and cities on the mineral lands of the clude mining United States, but no title shall be acquired by such rights. towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim or possession held under existing law. When mineral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to such recognized possession and the necessary use thereof and when entry has been made or patent issued for such town sites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground appertaining thereto: Provided, That no surface owner. entry shall be made by such mineral-vein claimant for surface ground where the owner or occupier of the surface ground shall have had possession of the same before the inception of the title of the mineral-vein applicant. Approved, March 3, 1891 (26 Stat. 1095-1101). An Act Providing for the issuance of patents to transferees of town lots purchased from the United States at public sale in certain cases. Prior right of ents may issue to Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where town lots were sold by the Town lot patUnited States at public sale, and the purchaser at such assignees. sale had transferred his interest in any such lot prior to the eleventh day of October, nineteen hundred and eleven, and patent has not been issued in the name of the original purchaser, the Commissioner of the General Land Office may issue a patent in the name of the transferee where full payment of the purchase price has been made and satisfactory evidence of the transfer has been furnished: Provided, That it be shown that the original purchaser is dead, or that after due inquiry his whereabouts can not be ascertained, and that the instrument of transfer given by the original purchaser has been lost or destroyed. Approved, July 9, 1914 (38 Stat. 454). RECLAMATION TOWN SITES.1 An Act Providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior may withdraw Town-site withfrom public entry any lands needed for town-site pur- rigation projects. poses in connection with irrigation projects under the 1 For school sites within Government reclamation projects, see the Act of Oct. 20, 1919, under "Reclamation lands." drawals under ir age, survey, etc. and sale of lots. Maximum acre reclamation Act of June seventeenth, nineteen hundred and two, not exceeding one hundred and sixty acres in each case, and survey and subdivide the same into town lots, with appropriate reservations for public purposes. SEC. 2. That the lots so surveyed shall be appraised under the direction of the Secretary of the Interior and Appraisement sold under his direction at not less than their appraised value at public auction to the highest bidders, from time to time, for cash, and the lots offered for sale and not disposed of may afterwards be sold at not less than the appraised value under such regulations as the Secretary Expenses and of the Interior may prescribe. Reclamation funds may be used to defray the necessary expenses of appraisement and sale, and the proceeds of such sales shall be covered into the reclamation fund. proceeds. Improvement, etc., vations. SEC. 3. That the public reservations in such town sites ete public reser shall be improved and maintained by the town authorities at the expense of the town; and upon the organization thereof as municipal corporations the said reservations shall be conveyed to such corporations by the Secretary of the Interior, subject to the condition that they shall be used forever for public purposes. Water rights. SEC. 4. That the Secretary of the Interior shall, in accordance with the provisions of the reclamation Act, provide for water rights in amount he may deem necessary for the towns established as herein provided, and may enter into contract with the proper authorities of such towns, and other towns or cities on or in the immediate vicinity of irrigation projects, which shall have a water right from the same source as that of said project for the delivery of such water supply to some conPayment of venient point, and for the payment into the reclamation fund of charges for the same to be paid by such towns or cities, which charges shall not be less nor upon terms more favorable than those fixed by the Secretary of the Interior for the irrigation project from which the water is taken. charges. Disposal of town sites within ects. Approved, April 16, 1906 (34 Stat. 116). An Act Providing for the subdivision of lands entered under the reclamation Act, and for other purposes. SEC. 3. That any town site heretofore set apart or irrigation proj. established by proclamation of the President, under the provisions of sections twenty-three hundred and eighty and twenty-three hundred and eighty-one of the Revised Statutes of the United States, within or in the vicinity of any reclamation project, may be appraised and disposed of in accordance with the provisions of the Act of Congress approved April sixteenth, nineteen hundred. and six, entitled "An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes; " and all necessary expenses incurred in the appraisal and sale of lands embraced within any such town site shall be paid from the reclamation fund, and the proceeds of the sales of such lands shall be covered into the reclamation fund. to size not ap SEC 4. * * * Providing that the limitation on the Limitation size of town sites contained in the Act of April sixteenth, plicable. nineteen hundred and six, entitled "An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes,' shall not apply to the town sites named in this section; and whenever, in the opinion of the Secretary of the, Withdrawal of Interior, it shall be advisable for the public interest, he larger town sites. may withdraw and dispose of town sites in excess of one hundred and sixty acres under the provisions of the aforesaid Act, approved April sixteenth, nineteen hundred and six, and reclamation funds shall be available for the payment of all expenses incurred in executing the provisions of this Act, and the aforesaid Act of April sixteenth, nineteen hundred and six, and the proceeds of all sales of town sites shall be covered into the reclamation fund. Approved, June 27, 1906 (34 Stat. 519). An Act Providing for the reappraisement of unsold lots in town sites on reclamation projects, and for other purposes. unsold town mation projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby author-Reappraisement ized, whenever he may deem it necessary, to reappraise lots under reclaall unsold lots within town sites on projects under the reclamation Act heretofore or hereafter appraised under the provisions of the Act approved April sixteenth, nineteen hundred and six, entitled "An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes," and the Act approved June twenty-seventh, nineteen hundred and six, entitled "An Act providing for the subdivision of lands entered under the reclamation Act, and for other purposes "; and thereafter to proceed with the sale of such town lots in accordance with said Acts. SEC. 2. That in the sale of town lots under the provi- Manner of paysions of the said Acts of April sixteenth and June ment. twenty-seventh, nineteen hundred and six, the Secretary of the Interior may, in his discretion, require payment |