on which the same are erected have become the property of the United States, and are no longer necessary for such purposes. 5 Stat. 611; R. S. 2122. SEC. 439. The Secretary of the Interior is authorized to Sale of lands with buildings. cause to be sold, at his discretion, with each of such buildings as are mentioned in the preceding section, a quantity of land not exceeding one section; and on the payment of the consideration agreed for into the Treasury of the United States by the purchaser, the Secretary shall make, execute, and deliver to the purchaser a title in fee-simple for such lands and tenements. 5 Stat. 611; R. S. 2123. NOTE. For laws reserving timber lands for naval purposes, see Timber and Timber Culture, chapter ix. For acts reserving lands for public parks and for other purposes, see "Local and Temporary Laws" relating to the States and Territories in which such reservations are located. For authority of President to make reservations for public purposes, see Wilcox v. Jackson, 13 Pet. 498; U. S. v. Fitzgerald, 15 id. 407; U. S. v. Chicago, 7 How. 185; U. S. v. Stone, 2 Wall. 525; Wolcott v. Des Moines Co., 5 id. 681; Grisar v. McDowell, 6 id. 363. Sec. CHAPTER NINETEEN. EASEMENTS. 440. Navigable rivers public highways. Streams not navigable, banks of. 441. Right of way for highways over public lands. 442. If lands granted for right of way are not used, &c., to revert to the Government. 443. Mineral locators' rights of possession and enjoyment. 444. Right of way in intersecting veins in mines. 445. What conditions of sale may be made by local legislature. 446. Vested rights to use of water for mining, &c.; right of way for canals. 447. Patents, pre-emptions, and homesteads subject to vested and accrued water-rights. 448. Right of way, materials, stationgrounds, &c., granted to railroads. 449. Rights of several railroads through cañon, pass, or defile. Crossing at grade. Wagon roads, rights of. ways. Navigable riv- SEC. 440. All navigable rivers, within the territory occuers public high-pied by the public lands, shall remain and be deemed public highways; and, in all cases where the opposite banks of any navigable, banks streams not navigable belong to different persons, the stream and the bed thereof shall become common to both. of. Streams not Right of way 1 Stat. 468; 2 id. 235; R. S. 2476. SEC. 441. The right of way for the construction of highover public lands. Ways over public lands, not reserved for public uses, is for highways If lands granted for right of hereby granted. Railway Co. v. Gordon, S. C. Mich., Oct. 158). 14 Stat. 253; R. S. 2477. T. 1879 (7 Copp's L. O. SEC. 442. If any rail or plank road or macadamized turnway are not used, pike company to whom the right of way or sites for water&c., to revert to ing places, depots and work-shops over and through the the Government. public lands of the United States was granted by the act Mineral locat of Congress approved August fourth, eighteen hundred and fifty-two, and by the acts amendatory thereto, shall at any time after its completion be discontinued or abandoned by said company or companies, the grants made by said acts shall cease and determine, and the lands shall revert back to the United States. 10 Stat. 28, 29, 683; 12 id. 577. Decision Com. G. L. O., July 16, 1857. SEC. 443. The locators of all mining locations heretofore ors' rights of pos- made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they session and enjoyment. 168 comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. 17 Stat. 91; 19 id. 52; R. S. 2322. (For authorities see sec. 390.) SEC. 444. Where two or more veins of mining claims inter-, Right of way in intersecting sect or cross each other, the owners of the mine last located veins in mines. shall have the right of way through the space of intersection for the purposes of the convenient working of the mine. made by local 17 Stat. 96; 19 id. 52; R. S. 2336. (For authorities see sec. 404.) SEC. 445. As a condition of sale, in the absence of neces- What conditions sary legislation by Congress, the local legislature of any of sale may be State or Territory may provide rules for working mines, in- legislature. volving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. 14 Stat. 252; 19 id. 52; R. S. 2337. to use of water canals. SEC. 416. Whenever, by priority of possession, rights to Vested rights the use of water for mining, agricultural, manufacturing, or for mining, &c.; other purposes, have vested and accrued, and the same are right of way for recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. 14 Stat. 253; R. S. 2339. (For authorities see sec. 422.) homesteads sub SEC. 447. All patents granted, or pre-emption or home- Patents, presteads allowed, shall be subject to any vested and accrued emptions, and water-rights, or rights to ditches and reservoirs used in con- ject to vested and nection with such water-rights, as may have been acquired accrued water under or recognized by the preceding section. 16 Stat. 218; R. S. 2340. (For authorities see sec. 423.) rights. grounds, &c., roads. Right of way. SEC. 448. The right of way through the public lands of materials, station the United States is hereby granted to any railroad com granted to rail- pany duly organized under the laws of any State or Territory, except the District of Columbia, or by the Congress of the United States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station-buildings, depots, machine shops, side-tracks, turn-outs, and waterstations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. Rights of sev through cañon. pass, or defile. rights of. 18 Stat. 482. Railway Co. v. Benity, 5 Saw. C. C. 118. Railway Co. v. Gould, 21 Cal. 254; Doran v. Railway Co., 24 id. 245. Decisions Sec. Int., June 30, 1875 (Copp's L. L. 388); July 26, 1876; Sept. 5, 1878; Sept 11, 1878; June 5, 1879; Nov. 17, 1879 (6 Copp's L. O. 162). Decisions Com. G. L. O., Oct. 8, 1875; Jan. 11, 1876; March 1, 1876; May 10, 1877 (4 Copp's L. 0.91); Jan. 6, 1879; Jan. 21, 1879; Sept. 24, 1879; Sept. 29, 1879. Cir. G. L. O., March 9, 1878 (5 Copp's L. O. 35); Nov. 7, 1879 (6 id. 141). SEC. 449. Any railroad company whose right of way, or eral railroads whose track or road-bed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the Crossing at said canyon, pass, or defile, for the purposes of its road, in grade. common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass or defile shall not cause the disWagon roads, use of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divi ded between any number of railroad companies occupying and using the same canyon, pass, or defile. Private lands and possessory demned. 18 Stat. 482. Denver & Rio Grande R. R. Co. v. Cañon City & San Juan R. R. Co., 9 Otto, 463. Decisions Sec. Int., Sept. 5, 1878; Sept. 11, 1878. SEC. 450. The legislature of the proper Territory may claims, how con provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in accordance with section three of the act entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Gov ernment the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixtytwo," approved July second, eighteen hundred and sixtyfour. Profile of road claiming benefits, when to be filed. 13 Stat. 357; 18 id. 482, 483. Decision Com. G. L. O., Jan. 21, 1879. SEC. 451. Any railroad company desiring to secure the benefits of this act, shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a profile of its road; and upon approval thereof by the Secretary of the Interior, Disposal of the same shall be noted upon the plats in said office; lands subject to and right of way. thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. 18 Stat. 483. Decisions Sec. Int., Sept. 22, 1877; Sept. 5, 1878; Sept. 11, 1878; June 5, 1879. Decisions Com. G. L. O., July 17, 1875; May 10, 1877 (4 Copp's L. 0.91); Oct. 1, 1878. Cir. G. L. O., March 9, 1878 (5 Copp's L. O. 35); Nov. 7, 1879 (6 id. 141). Forfeiture of right. SEC. 452. This act shall not apply to any lands within Application of the limits of any military, park, or Indian reservation, or this act. other lands specially reserved from sale, unless such right of way shall be provided for by treaty stipulation or by act of Congress heretofore passed. 18 Stat. 483. SEC. 453. Congress hereby reserves the right at any time Right to alter, to alter, amend, or repeal this act, or any part thereof. 18 Stat. 483. amend, &c. SEC. 454. Any telegraph company now organized, or which Use of public may hereafter be organized, under the laws of any State, telegraph comdomain, &c., by shall have the right to construct, maintain, and operate pany. lines of telegraph through and over any portion of the public domain of the United States, over and along any of the military or post roads of the United States which have been or may hereafter be declared such by law, and over, under, or across the navigable streams or waters of the United States; but such lines of telegraph shall be so constructed and maintained as not to obstruct the navigation of such streams and waters, or interfere with the ordinary travel on such military or post roads. 14 Stat. 221; 19 id. 232; R. S. 5263. SEC. 455. Any telegraph company organized under the Use of materials from publiclands. laws of any State shall have the right to take and use from the public lands through which its lines of telegraph may pass, the necessary stone, timber, and other materials for its posts, piers, stations, and other needful uses in the construction, maintenance, and operation of its lines of telegraph, and may pre-empt and use such portion of the unoccupied public lands subject to pre-emption through which |