Sec. CHAPTER TEN. TOWN SITES AND COUNTY SEATS. 287. Town sites to be reserved. 291. When transcript maps of town are 293. Title to lots subject to mineral rights. 294. Entry of town authorities in trust for occupants. 295. Entry under preceding section, when to be made. 296. Entry in proportion to number of inhabitants. 300. Certain entries within town sites confirmed. 301. Where town site exceeds maximum, authorities to select lands to be retained, or Commissioner may take testimony and restrict limits. Copies of acts incorporating towns, how furnished. 302. Certain acts of trustees to be void. 304. No title acquired to gold mines, &c., 305. 297. Authorities of Salt Lake City, rights of, as to entry. 306. 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 popula tion. 12 Stat. 754; 19 id. 392; R. S. 2380. SEC. 288. When, in the opinion of the President, the pub- Reservations to be surveyed into 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. SEC. 289. In any case in which parties have already Town or city sites on public. 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 When towns es limits, how adjusted. 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 thereafter 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). SEC. 290. When such cities or towns are established upon tablished upon unsurveyed lands, it may be lawful, after the extension lands, extension thereto of the public surveys, to adjust the extension limits 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. When transcript not filed in twelve 13 Stat. 344; R. S. 2383. SEC. 291. If within twelve months from the establishment maps of town are 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 tranings by Secretary of 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 shall each be at an increase of fifty per centum on the minimum of ten dollars per lot. 13 Stat. 344; R. S. 2384. vary from general SEC. 292. In the case of any city or town, in which the, Where size of lots may be variant as to size from the limitation fixed in lots or town plat section two hundred and eighty-nine, and in which the rule. lots and buildings, as municipal improvements, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish. 13 Stat. 530; R. S. 2335. Cir. G. L. O., April 26, 1865 (Zab. L. L. rights. SEC. 293. Where mineral veins are possessed, which pos- Title to lots subsession is recognized by local authority, and to the extent ject to mineral so possessed and recognized, the title to town lots to be acquired shall be subject to such recognized possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United States. 13 Stat. 530; R. S. 2386. Decision Sec. Int., March 4, 1879 (6 Copp's authorities in осси SEC. 294. Whenever any portion of the public lands have Entry of town been or may be settled upon and occupied as a town site, authorit not subject to entry under the agricultural pre-emption laws, pants. it is lawful, in case such town be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such town is situated, to enter at the proper land office, and at the minimum price, the land so settled and occupied in trust for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated. 14 Stat. 541; 18 id. 254; R. S. 2387. Dredge v. Forsyth, 2 Black, Chapin, 12 id. 65; Hussey v. Smith, 1 Utah, 129; Pratt v. Young, 1 id. 347; Edwards v. Tracey, 2 Montana, 49; Hall v. Ashby, 2 id. 489; Cofield v. McClellan, 1 Colo. 370; Clayton v. Spencer, 2 id. 378; Georgetown v. Glaze, 3 id. 230; Tucker v. McCoy, 3 id. 284; Adams v. Brinkley, 4 id. 247; Doll v. Meador, 16 Cal. 296; Ricks v. Reed, 19 id. 551. Decisions Sec. Int., June 30, 1858 (1 Lester's L. L. 435); July 9, 1858 (1 id. 435); Sept. 8, 1859 (1 id. 443); April 28, 1874 (1 Copp's L. O. 42); June 8, 1875 (2 id. 85); June 5, 1876; (3 id. 50); July 26, 1876 (3 id. 86); April 17, 1877 (4 id. 45); April 30, 1878; April 17, 1879. Decisions Com. G. L. Ò., Oct. 18, 1858 (1 Lester's L. L. 437) ; June 29, 1874 (1 Copp's L. 0.68); July 13, 1874 (1 id. 68). Cir. G. L. O., Sept. 21, 1868 (Copp's L. L. 678). Entry under SEC. 295. The entry of the land provided for in the prepreceding section, when to be ceding section shall be made, or a declaratory statement of made. the purpose of the inhabitants to enter it as a town site shall be filed with the register of the proper land office, prior to the commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement shall include only such land as is actually occupied by the town, and the title to which is in the United States; but in any Territory in which a land office may not have been established, such declaratory statements may be filed with the surveyor-general of the surveying district in which the lands are situated; who shall transmit the same to the General Land Office. Entry in proportion to num ants. 14 Stat. 541; 18 id. 254; R. S. 2388. Stark v. Starrs, 6 Wall. 402. Decisions Sec. Int., Aug. 18, 1856 (1 Lester's L. L. 431); June 26, 1858 (1 id. 432); June 30, 1858 (1 id. 435); July 9, 1858 (1 id. 435); Nov. 5, 1858 (1 id. 441); Nov. 5, 1858 (1 id. 442); April 13, 1859 (1 id. 442); Sept. 27, 1872 (Copp's L. L. 373). Decisions Com. G. L. O., Dec. 7, 1872 (1 Copp's L. O. 6); March 21, 1874 (1 id. 7); Oct. 11, 1877 (4_id. 132); Aug. 23, 1878. Cir. G. L. O., Sept. 21, 1868 (Copp's L. L. 678). SEC. 296. If upon surveyed lands, the entry shall in its ber of inhabit- exterior limit be made in conformity to the legal subdivisions of the public lands authorized by law; and where the inhabitants are in number one hundred, and less than two hundred, shall embrace not exceeding three hundred and twenty acres; and in cases where the inhabitants of such town are more than two hundred, and less than one thousand, shall embrace not exceeding six hundred and forty acres; and where the number of inhabitants is one thousand and over one thousand, shall embrace not exceed ing twelve hundred and eighty acres; but for each additional one thousand inhabitants, not exceeding five thousand in all, a further grant of three hundred and twenty acres shall be allowed. Authorities of Salt Lake City; try. 14 Stat. 541; 18 id. 254; 19 id. 392; R. S. 2389. Decisions Sec. Int., July 8, 1871 (Copp's L. L. 683); July 28, 1871 (id. 685); Aug. 9, 1871 (id. 686); June 5, 1876 (3 Copp's L. O. 50); March 19, 1879 (6 id. 136). Decision Com. G. L. O., June 29, 1874 (1 Copp's L. 0. 68). Cir. G. L. O., Sept. 21, 1868 (Copp's L. L. 678). SEC. 297. The words "not exceeding five thousand in all," rights of, as to en: in the preceding section, shall not apply to Salt Lake City, in the Territory of Utah; but such section shall be so construed in its application to that city that lands may be entered for the full number of inhabitants contained therein, not exceeding fifteen thousand; and as that city covers school-section number thirty-six, in township number one north, of range number one west, the same may be embraced in such entry, and indemnity shall be given therefor when a grant is made by Congress of sections sixteen and thirty-six, in the Territory of Utah, for school purposes. 16 Stat. 183; 18 id. 254; R. S. 2390. try allowed entered less than SEC. 298. It shall be lawful for any town which has made, Additional enor may hereafter make entry of less than the maximum where town has quantity of land named in section two hundred and ninety- maximum. six, 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 there[to]fore made will not exceed twenty-five 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. 19 Stat. 392, 393. reserved for town SEC. 299. The existence or incorporation of any town Not more than upon the public lands of the United States shall not be held 2,560 acres to be to exclude from pre-emption or homestead entry a greater site. 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. 19 Stat. 392. Decisions Sec. Int., Oct. 1, 1879 (6 Copp's L. O. 109); within town sites SEC. 300. Where entries have been heretofore allowed Certain entries upon lands afterward ascertained to have been embraced confirmed. 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 patent: Provided, That this Proviso. 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 section two hundred and ninety-six. 19 Stat. 392. Decisions Sec. Int., Oct. 1, 1879 (6 Copp's L. O. 109) imum,authorities be retained, or SEC. 301. Whenever the corporate limits of any town upon Where town the public domain are shown or alleged to include lands in site exceeds max. excess of the maximum area specified in section two hundred to select lands to and ninety-nine, the Commissioner of the General Land Of Commissioner fice may require the authorities of such town, and it shall may take testibe lawful for them, to elect what portion of said lands, in limits. compact form and embracing the actual site of the municipal occupation and improvement, shall be withheld from preemption and homestead entry; and thereafter the residue of such lands shall be open to disposal under the homestead mony and restrict |