in which no valu are open discovered SEC. 409. Wherever, upon the lands heretofore designated Mineral lands as mineral lands, which have been excluded from survey able mines and sale, there have been homesteads made by citizens of the United States, or persons who have declared their intention to become citizens, which homesteads have been made, improved, and used for agricultural purposes, and upon which there have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agricultural lands, the settlers or owners of such homesteads shall have a right of pre-emption thereto, and shall be entitled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to exceed one hundred and sixty acres; or they may avail themselves of the provisions of chapter eight, relating to "Homesteads." 14 Stat. 253; R. S. 2341. Ah Yew v. Choate, 24 Cal. 562; Alford v. Barnum, 45 id. 482. Decisions Sec. Int., Feb. 12, 1872 (Copp's Mg. Dec. 77); May 6, 1872 (id. 93); July 10, 1872 (id. 128, 130); Dec. 14, 1872 (id. 133); Jan. 3, 1876 (2 Copp's L. O. 146); Feb. 5, 1876 (2 id. 180; 3 id. 2); Dec. 20, 1876 (4 id. 102); April 5, 1877 (4 id. 19); June 21, 1877 (5 id. 3); Feb. 16, 1878 (5 id. 3); March 4, 1879 (6 id. 4); Dec. 22, 1879 (7 id. 23); April 7, 1880 (7 id. 36). Decisions Com. G. L. O., Nov. 14, 1872 (Copp's Mg. Dec. 148); Oct. 21, 1871 (id. 60); Dec. 2, 1872 (id. 150); March 12, 1873 (id. 163); July 10 1873 (id. 208); Nov. 11, 1873 (id. 233); Aug 4, 1875 (2 Copp's L. O. 84); Feb. 18, 1875 (1 id. 180); June 21, 1876 (3 id. 50); Oct. 24, 1876 (3 id. 130); March 21, 1877 (4 id. 2); March 26, 1877 (4 id. 17); Nov. 6, 1879 (6 id. 135). Cir. G. L. O., April 22, 1880 (7 Copp's L. O. 36). SEC. 410. Upon the survey of the lands described in the Mineral lands, preceding section, the Secretary of the Interior may desig- how set apart as agricultural nate and set apart such portions of the same as are clearly lands. agricultural lands, which lands shall thereafter be subject to pre-emption and sale as other public lands, and be subject to all the laws and regulations applicable to the same. 14 Stat. 253; R. S. 2342. Ah Yew v. Choate, 24 Cal. 562; Alford v. Barnum, 45 id. 482. Decisions Sec. Int., Feb. 12, 1872 (Copp's Mg. Dec. 77); May 6, 1872 (id. 93); July 10, 1872 (id. 128, 130); Dec. 14, 1872 (id. 133); Jan. 3, 1876 (2 Copp's L. O. 146); Feb. 5, 1876 (2 id. 180; 3 id. 2); Dec. 20, 1876 (4 id. 102); April 5, 1877 (4 id. 19); June 21, 1877 (5 id. 2); Feb. 16, 1878 (5 id. 3); March 4, 1879 (6 id. 4); Dec 22, 1879 (7 id. 23); April 17, 1880 (7 id. 36). Decisions Com. G. L. O., Nov. 14, 1872 (Copp's Mg. Dec. 148); Oct. 21, 1871 (id. 60); Dec. 2, 1872 (id. 150); March 12, 1873 (id. 163); July 10, 1873 (id. 208); Nov. 11, 1873 (id. 233); Aug. 4, 1875 (2 Copp's L. O. 84); Feb. 18, 1875 (1 id. 180); June 21, 1876 (3 id. 50); Oct. 24, 1876 (3 id. 130); March 21, 1877 (4 id. 2); March 26, 1877 (4 id. 17); Nov. 6, 1879 (6 id. 135). Cir. G. L. O., April 22, 1880 (7 Copp's L. O. 36.) cers, power of the SEC. 411. The President is authorized to establish ad- Additional land ditional land districts, and to appoint the necessary officers districts and offi under existing laws, wherever he may deem the same neces- President to prosary for the public convenience in executing the provisions of this chapter. 14 Stat 252; R. S. 2343. vide. Provisions of to affect certain SEC. 412. Nothing contained in this chapter shall be construed to impair, in any way, rights or interests in mining this chapter not property acquired under existing laws; nor to affect the rights. provisions of the act entitled "An act granting to A. Sutro the right of way and other privileges to aid in the construc Mineral lands in certain States excepted. Deposits of coal, Missouri and tion of a draining and exploring tunnel to the Comstock 16 Stat. 218; 17 id. 96; 19 id. 52; R. S. 2344. Decision Sec. Int., SEC. 413. The provisions of the preceding sections of this chapter shall not apply to the mineral lands situated in the States of Michigan, Wisconsin, and Minnesota, which are declared free and open to exploration and purchase, according to legal subdivisions, in like manner as before the tenth day of May, eighteen hundred and seventy-two. And any bona-fide entries of such lands within the States named since the tenth day of May, eighteen hundred and seventy-two, may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be offered for public sale in the same manner, at the same minimum price, and under the same rights of pre-emption as other public lands. 17 Stat. 465; R. S. 2345. Decision Com. G. L. O., July 21, 1876 (3 Copp's L. O. 132). SEC. 414. Within the State of Missouri and Kansas deiron, and lead in posits of coal, iron, lead, or other mineral are excluded from Kansasexcepted. the operation of the preceding sections of this chapter, and all lands in said States shall be subject to disposal as agricultural lands. Grants of lands lands. 19 Stat. 52. SEC. 415. No act passed at the first session of the Thirtyto States or cor- eighth Congress, granting lands to States or corporations porations not to include mineral to aid in the construction of roads or for other purposes, or to extend the time of grants made prior to the thirtieth day of January, eighteen hundred and sixty-five, shall be so construed as to embrace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the act or acts making the grant; and all mineral lands are excepted from the operation and grants of laws heretofore granting lands to the State of Colorado. 13 Stat. 576; 18 id. 476; R. S. 2346. Heydenfeldt v. Mg. Co., 3 Otto, 634. Boggs v. Merced Mg. Co., 14 Cal. 279; Burdge v. Smith, 14 id. 380; Doran v. Railway Co., 24 id. 452; Higgins v. Houghton, 25 id. 252; McLaughlin v. Powell, 50 id. 64. Decisions Sec. Int., May 20, 1870 (Copp's Mg. Dec. 31); April 28, 1873; April 30, 1879. Decisions Com. G. L. O., Feb. 5, 1879 (5 Copp's L. O. 178); Dec. 19, 1879 (6 id. 152). Entry of coal lands. SEC. 416. Every person above the age of twenty-one years, who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the register of the proper land office, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the receiver of not less than ten dollars per acre for such lands, where the same shall be situated more than fifteen miles from any completed railroad, and not less than twenty dollars per acre for such lands as shall be within fifteen miles of such road. 17 Stat. 607; R. S. 2347. Stroud v. Railway Co., 4 Dillon, C. C. 396. Decisions Com. G. L. O., Aug. 11, 1873 (1 Copp's L. O. 2); March 28, 1874 (1 id. 3); May 25, 1874 (3 id. 34); Nov. 3, 1874 (3 id. 135). coal lands. SEC. 417. Any person or association of persons severally Pre-emption of qualified, as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under the preceding section, of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as above provided, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements. 17 Stat. 607; R. S. 2348. claims of coal land to be pre sented within sixty days, &c. SEC. 418. All claims under the preceding section must Pre-emption be presented to the register of the proper land district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office; and where the improvements shall have been made prior to the expiration of three months from the third day of March, eighteen hundred and seventy-three, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this section shall be allowed until the expiration of six months from the third day of March, eighteen hundred and seventy-three. 17 Stat. 607; R. S. 2349. Decision Com. G. L. O., Aug. 11, 1873 (1 Copp's L. O. 3). Only one entry SEC. 419. The three preceding sections shall be held to authorize only one entry by the same person or association of allowed persons; and no association of persons any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions; and all persons claiming under section four hundred and seventeen shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant. 17 Stat. 607; R. S. 2350. MINERAL LANDS. SEC. 420. In case of conflicting claims upon coal lands where the improvements shall be commenced, after the third day of March, eighteen hundred and seventy-three, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the third day of March, eighteen hundred and seventy-three, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Commissioner of the General Land Office is authorized to issue all needful rules and regulations for carrying into effect the provisions of this and the four preceding sections. 17 Stat. 607; R. S. 2351. SE 421. Nothing in the five preceding sections shall be construed to destroy or impair any rights which may have attached prior to the third day of March, eighteen hundred and seventy-three, or to authorize the sale of lands valuable for mines of gold, silver, or copper. 17 Stat. 607; R. S. 2352. mining, &c.; right SEC. 422. Whenever, by priority of possession, rights to Vested rights to the use of water for mining, agricultural, manufacturing, or use of water for other purposes, have vested and accrued, and the same are of way for canals. 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. Atchison v. Peterson, 20 Wall. 507; Basey v. Gallagher, 20 id. 670; Jennison v. Kirk, 8 Otto, 453; Broder v. Water and Mining Co., S. C., Oct. T. 1879, in manuscript. Union Mill and Mining Co. v. Ferris, 2 Saw. C. C. 176. Lobdell v. Simpson, 2 Nev. 274; Lobdell v. Hall, 3 id. 507; Mining Co. v. Carpenter, 4 id. 534; Robinson v. Imperial Silver &c., 5 id. 44; Covington v. Becker, 5 id. 281; Hobart v. Ford, 6 id. 77; Proctor v. Jennings, 6 id. 83; Vansickle v. Haines, 7 id. 249; Dalton v. Bowker, 8 id. 201; Barnes v. Sabron, 10 id. 217; Shoemaker v. Hatch, 13 id. 261; Rivers v. Burbank, 13 id. 398; Caruthers v. Pemberton, 1 Montana, 111; Wilson v. O'Neil, 1 id. 284; Mining Co. v. Halter, 1 id. 296; Noteware v. Sterns, 1 id. 311; Parks v. Barkley, 1 id. 514; Woolman v. Garringer, 1 id. 535; Atchison v. Peterson, 1 id. 561; Barkley . Fileke, 2 id. 59; Fabian v. Collins, 2 id. 510; Schilling v. Rominger, 4 Colo. 100; Eddy v. Simpson, 3 Cal. 249; Irwin v. Phillips, 5 id. 140; Hill v. Newman, 5 id. 445; Kelly v. Water Co., 6 id. 105; Hoffman v. Stone, 7 id. 47; Sims v. Smith, 7 id. 149; Maeris v. Bricknell, 7 id. 262; Tenney v. Miners' Ditch Co., 7 id. 335; Coker v. Simpson, 7 id. 341; Park v. Kilham, 8 id. 78; Crandall v. Woods, 8 id. 136; Thompson v. Lee, 8 id. 275; Leigh Co. v. Independent Ditch Co., 8 id. 323; Bear River &c. Co. v. N. Y. Mining Co., 8 id. 327; Hill v. King, 8 id. 337; White v. Todd, 8 id. 443; O'Keiffer v. Cunningham, 9 id. 589; Weaver v. Conger, 10 id. 233; Wolf v. St. Louis Ind. Water Co., 10 id. 413; Hoffman v. Tuol, 10 id. 417; Weimer v. Lowrey, 11 id. 104; Butte Canal Co. v. Vaughn, 11 id. 143; Kimball v. Gearhart, 12 id. 27 McGarrity v. Byington, 12 id. 426; Ortman v. Dixon, 13 id. 33; McDonald v. Bear River, &c., 13 id. 220; Burnett v. Whitesides, 15 id. 35; Clark v. Duvall, 15 id. 85; Edmond v. Chew, 15 id. 137; McDonald v. Bear River &c., 15 id. 145; Kidd v. Laird, 15 id. 161; Weaver v. Eureka Lake Co., 15 id. 271; Butte T. M. Co. v. Morgan, 19 id. 609; McKinney v. Smith, 21 id. 374; Coleman v. Clements, 23 id. 245; Rupley v. Welch, 23 id. 452; Everett v. Hydraulic Co., 23 id. 225; Phoenix Water Co. v. Fletcher, 23 id. 481; Netoma Water and Mining Co. r. McCoy, 23 id. 490; Bear River &c. v. Boles, 24 id. 359; Wixon v. Bear River Co., 24 id. 367; Crary v. Campbell, 24 id. 634; Wiseman v. McNulty, 25 id. 230; 159 |
