mum, or at such reasonable price as the Secretary of the Interior may order from time to time, as the municipal property may increase or decrease, after at least three months' notice.

A privilege, however, is granted to any actual settler upon any one lot, of pre-empting that and any additional lot on which he may have substantial improvements," at said minimum, at any time before the day fixed for the public sale.

There are, however, certain preliminary conditions to be complied with, in order to the enjoyment of the privileges granted in this section. Parties who have already founded or may hereafter found a city or town are required :—

6th. To file with the recorder of the county in which the town or city is situate a plat thereof, not exceeding 640 acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed.

7th. Also, the plat or map of such city or town must exhibit the name of the city or town, 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 4200 square feet, with a statement of the extent and general character of improvements.

8th. Further, the said map and statement to be verified by oath by the party acting for and in the behalf of the founders of the city or town.

9th. Within one month after filing the map or plat with the recorder of the county, a verified copy of said map and statement is to be sent to the General Land Office, accompanied by the testimony of two witnesses that such city or town has been established in good faith.

10th. Where the city or town is within the limits of an organized land district, a similar copy of the map and statement must be filed with the Register and Receiver.

11th. The third section provides for cities or towns founded on unsurveyed lands, and directs that it may be lawful to adjust the exterior limits of the premises with the lines of the public surveys, where it can be done without impairing the rights of others.

Patents are to issue for all lots sold under the provisions of this act as in ordinary cases.

12th. Section four authorizes the Secretary of the Interior, in case the parties interested shall fail or refuse, within twelve months of the founding of a city or town on the public domain, to file in the General Land Office a copy of the map, with the statement and testimony called for by the second section, to cause a survey and plat to be made of the said city or town, and thereafter the lots to be sold as provided, at an increase of fifty per cent. on the minimum price of ten dollars per lot.

13th. The fifth section repeals the act for the relief of the citizens of towns on the public lands, approved 23d May, 1844, and all other acts or parts of acts inconsistent with this act.

You are requested to acknowledge the receipt of this circular.

Very respectfully,

Jos. S. WILSON, Acting Commissioner. Registers and Receivers, United States Land Offices.

20

No. 265 B.

Circular.

In relation to the Supplemental Act, approved March 3, 1865, for the Disposal of Coal Lands and Town Property on the public domain.

DEPARTMENT OF THE INTERIOR,

General Land OFFICE, April 26, 1865.

Gentlemen:The act of Congress of 3d March, 1865,* copy hereto appended, supplementary to the act of July 1, 1864, "for the disposal of coal lands and of town property in the public domain," is to enable citizens of the United States who, at the date of the "act, may be in the business of bona fide actual coal mining on the public lands, for the purpose of commerce," to enter 160 acres, or less quantity, in legal subdivisions, including their improvements and mining premises, at the premium price of $20 per acre.

The law, however, expressly excludes from its provisions any lands "reserved by the President of the United States for public uses.

The privilege granted is not a general one, but restricted to a single entry by a designated class of individuals, viz: such as are citizens, and who, on the 3d March, 1865, the date of the act, were actually engaged, for "purposes of commerce," in "the business of bona fide actual coal mining." All persons not so occupied at that date are excluded from the enjoyment of the privilege.

1st. Testimony should be produced satisfactory to the Register and Receiver, showing the party to be a citizen of the United States, and that, at the date of the act, he was engaged "in the business of bona fide actual coal mining on the public lands," and "for the purposes of com

The facts must be stated in detail, both as to the nature and extent of the coal mining; the period in which the business has been conducted, and in regard to the coal being made by the party an article of commerce, so that a correct judgment may be formed from these facts as to whether the case comes within the purview of the statute. Where the proof is clear and conclusive, the Register and Receiver are authorized to permit the entry, according to "legal subdivisions," in compact form, and so as not to exceed 160 acres.

2d. Where the mining improvements and premises are on land surveyed "at the passage of this act," it is required that a sworn declaratory statement descriptive of the tract and premises, and also of the extent and character of the improvements, be filed within six months from the date of the act, and that proof and payment must be made within one year from the date of such filing.

3d. If the mining premises be on land which may be surveyed after the passage of said act, then the declaratory statement shall be filed within three months from the return of the plat to the district land office, and proof and payment must be made within one year from the date of such filing.

TOWN LOTS.

4th. The 2d section of the act relates to any city or town existing on the public lands at the date of the act, and modifies the limitation as to the

* No. 130 B.

extent of the areas of the town claim and town lots imposed by the act of 1st July, 1864.

The act of July 1, 1864, limits the town claim to 640 acres, and the town lots to 4200 feet each; but

5th. This supplemental act embraces interests "in which the lots and buildings, as municipal improvements, shall cover an area greater than" 640 acres, and removes the limitation in regard to subsisting cases by declaring that any city or town existing on 3d March, 1865, shall not be debarred entry because of such excess of area over, or of variance from, the size of the town claim or town lots as limited by the act of 1st July, 1864; that for the excess of square feet contained in said lots beyond the maximum named in the act to which this is amendatory, the minimum price of each lot shall be increased to such reasonable amount as the Secretary may establish.

6th. In the 2d section of this supplemental act, it is provided that parties having a possessory right to mineral veins, "which possession is recognized by local authority," are to be protected therein; and titles to be acquired to town lots under this act are made subject to "such recognized possession and the necessary use thereof," yet with an express saving of the paramount title of the United States.

7th. The act of 1st July, 1864, relating to town property, is only modified as regards the extent of the town claim and the size of town lots, and by it you will be governed when not in conflict with this supplemental act. Hence it will be necessary for the citizens of the town or city existing at the date of the supplementary act—

First. To file with the Recorder of the county in which the town or city is situate, a plat thereof, describing its exterior boundaries, and according to the lines of the public surveys, where such surveys have been executed.

Second. Also, the plat or map of such city or town must exhibit the name of the city or town, the streets, squares, blocks, lots, and alleys, the size of the same, with actual measurements and area of each municipal division, and a statement of the extent and general character of improvements.

Third. Further, the said map and statement to be verified by oath of the party acting for and on behalf of the city or town; and

Fourth. Within one month after filing the map or plat with the Recorder of the county, a verified copy of said map and statement must be sent to the Commissioner of the General Land Office, with the testimony of two witnesses that such a town is a bona fide one, established and existing at the date of this act.

A

Fifth. Where the city or town is within the limits of an organized land district, a similar copy of the map and statement must be filed with the Register and Receiver thereof.

Sixth. Where the city or town is founded on unsurveyed lands, the exterior lines of the same must be distinctly marked and established, so that, when the lines of the public surveys shall hereafter be run, they may be properly closed thereon; and yet it may be lawful to adjust the exterior limits of the premises with the lines of the public surveys, when it can be done without impairing the rights of others.

Seventh. Patents are to issue for all lots sold under the provisions of this act.

Eighth. By the 2d section of the act of 1st July, 1864, after the transcript and statement have been filed in the General Land Office, the lots are to be offered at public sale to the highest bidder at a minimum of ten

dollars per lot; but, by the supplemental act, where the area of each lot exceeds the maximum of 4200 square feet, the minimum price of each lot shall be increased to such reasonable amount as the Secretary of the Interior may establish.

A privilege, however, is granted to any actual settler upon any one lot of pre-empting that, and any additional lot on which he may have "substantial improvements," at said minimum or increased price, at any time before the day fixed for the public sale.

Very respectfully,

J. M. EDMUNDS, Commissioner. Approved: Jas. Harlan, Secretary of the Interior.

No. 266 B.

Circular.

Instructions, under the direction of the Secretary of the Interior, in reference to the act of Congress, approved March 2, 1867, for the relief of the inhabitants of cities and towns upon the public lands, and the act amendatory thereof, approved June 8, 1868.

DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, September 21, 1868. Gentlemen :-The act of Congress, hereto appended, approved March 2, 1867-Statutes, vol. 14, page 541 (No. 192 B.)

1st. Grants to the inhabitants of cities and towns on the public lands the privilege of entering the lands occupied as town sites at the minimum price of one dollar and twenty-five cents per acre, through the corporate authorities of such towns and cities, or the judges of the county courts acting as trustees for the occupants thereof.

This privilege is granted where such mode of obtaining title to town property is preferred to that provided in the act of July 1, 1864, Statutes, vol. 13, page 343, and the amendatory act of March, 3, 1865, vol. 13, page 529, the said statute of 1867 not repealing the enactments of 1864 and 1865. The inhabitants of these towns or cities are limited, however, to one or the other of the modes provided in these statutes, and cannot commence proceedings under both systems.

2d. The act of June 8, 1868 (No. 206 B.), herewith amendatory of the act of March 2, 1867, stipulates that the inhabitants of any town located on the public lands may avail themselves, if the town authorities elect to do so, of the provisions of said last named act: Provided the issuing of patents to persons who have made or may make entries, and elect to proceed under existing laws, shall not thereby be prevented.

As proceedings to acquire title to town property cannot be commenced under both systems in force since March 2, 1867, the amendatory act must refer to cases where, previous to March 2, 1867, the inhabitants of any town or city had filed a plat of the same with the County Recorder, pursuant to the act of July 1, 1864, and had partly proved up and paid for the lots claimed by them under the proviso in the 2d section of the said, act, and extends the privileges of the act of March 2, 1867, if the town authorities elect to proceed under it, to such of the inhabitants as have not yet paid for their lots, without interfering with the issuing of patents to those who had made, or might make, entries, and elect to proceed under the acts of July 1, 1864, and March 3, 1865.

3d. Accordingly, where proceedings had been commenced by the

inhabitants of any town or city before the passage of the act of March 2, 1867, and a part of them, not having entered and paid for their lots, desire to proceed under said last named act, you will allow the town authorities, if they apply to you for that purpose, to enter or file upon, pursuant to the provisions of said act, such portion of the town site as has not already been entered and paid for, and is not in possession of parties electing to complete their titles under the original proceedings; after which that part of the town site so entered or filed upon, will be disposed of under the statutes of 1867 and 1868, and the remaining portion, if any, under the enactments of 1864 and 1865.

4th. The aforesaid amendatory act of June 8, 1868, further provides that, in addition to the minimum price of the lands included in any town site entered under the statute of March 2, 1867, and said act of June 8, 1868, there shall be paid by the parties availing themselves of the provisions of said acts all costs of surveying and platting any such town site, and expenses incident thereto, incurred by the United States, before any patent therefor shall issue. Hence, when it is desired to enter a town site found upon the unsurveyed public lands, a written application should be presented to the Surveyor-General of the proper district for a survey of the same, under the 10th section of the act of May 30, 1862, vol. 12, pages 409 and 410, and the amount estimated by him as sufficient to cover the said costs and expenses deposited with any Assistant U. S. Treasurer, or designated depository in favor of the United States Treasurer, to be passed to the credit of the fund created by "Individual Depositors for the Survey of the Public Lands," the depositor taking a duplicate certificate of deposit, one to be filed with the Surveyor-General to be sent to the General Land Office, and the other retained by the depositor. On receiving such certificate, showing that the requisite sum has been deposited in a proper manner to pay for the work, the SurveyorGeneral will transmit to the Register and Receiver of the District Land Office his certificate of such payment having been made, and will contract with a competent U. S. Deputy Surveyor, and have the survey made and returned in the same manner as other public surveys, after which the lands embraced within the site may be entered, or filed upon, as in the case of town sites upon surveyed lands.

5th. When town sites are located upon land already surveyed, the entry must be made in conformity to the legal subdivisions of the public lands, and here no costs in regard to past surveys will be exacted. When sites are upon unsurveyed land it will be necessary, after the extension thereto of the public surveys, to close those lines upon the exterior limits of the town site.

6th. The aforesaid act of 2d March, 1867, it will be observed, stipulates that there shall be conceded, where the number of inhabitants is one hundred and less than two hundred, not exceeding three hundred and twenty acres where the population is more than two hundred and less than one thousand, not exceeding six hundred and forty acres; and where the inhabitants number one thousand and over, not exceeding twelve hundred and eighty acres; and for each additional one thousand inhabitants, not exceeding five thousand in all, a further grant of three hundred and twenty acres.

All military and other reservations of the United States, private grants, and valid mining claims, are excluded from the operation of these townsite laws.

7th. In any Territory in which a land office may not have been estab