Page:United States Statutes at Large Volume 18 Part 1.djvu/503

Trrr.n xxxrr.—THE PUBLIC LANDS.—Crr. 6. 431 Sm. 2347. Every person above the a of twenty-one ears, who is a EW'! <>f mloitizen of the United States, or who hagdeclared hi interilion to become l““d“· such, or any association of persons severally qualified as above, shall, 3 Mar., 1873, o. upon application to the register of the proper land-oflice, have the right 279- ¤· L V- WP- to enter, by legal subdivisions, any quantit of vacant coal-lands of the 601 United States not otherwise appro riatec? 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 pa - ment to the receiver of not less than ten dollars per acre for such landh, 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. Sec. 2348. Any person or association of persons severally qualified, as preemption of above provided, who have opened and improved, or shall hereafter 0 n coal-lands. and improve, any coal mine or mines upon the public lands, and shallmbe in actual possession of the same, shall beentitled to a preference-right "` of entry, under the receding section, of the mines so opened and improved: Provided, 'lfhat when any association of not less than four r- sons, severally qualified as above provided, shall have expended notllgss 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 minin im rovements. Sec. 2349. All claims under the precedin section must be presented Ijre-emgtion to the register of the proper land-district wilzghin sixty days after the date °l¤“¤¤ 0i cm ·l¤¤d of actual possession and the commencement of improvements on the QTMQQ sigma? land, by the tiling of a declarator statement therefor; but when the (gm y Y ’ township plat is not on file at the dlate of such improvement, iilin must ‘ Gpd B·5i be made within sixty days from the receipt of such plat at the district "` office; and where the im rovements shall have been made prior to the expiration of three mondhs from the third day of March, eighteen hundred and seventy-three. sixty da ·s from the expiration of such three months shall be allowed for the dling 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 huudred and seventy-three. Sec. 2350. The three preceding sections shall be held to authorize only Only one entry one entry by the same person or association of persons; and no associa- *Q°W°d· tion of persons any member of which shall have taken the benefit of such Ibid., s. 4. 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 rsons claiming under section twenty-three hundred and forty-eight shallebe 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 prop? notice, or to pay for the land within the required period, the same s ll be subject to entry by any other qualified applicant. Sec. 2351. In case of conflicting claims upon coal-lands where the im- (;0ug;ct;,,gc;,gm_ Erovements shall be commenced, after the t ird day of March, eighteen EET; undred and seventy-three, priority of possession and improvement, fol- "‘ lowed by proper filing and continued good faith, shall determine the preference-right to purchase. And also where improvements have already been made r1or 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 impzovements of the respective parties. The Commissioner of the General nd-Otlice is authorized to issue all needful rules and regulations for carrying into effect the provisions of this and the four preceding sections. Sec. 2352. Nothing in the five receding sections shall be construed Rights reserved. to destroy or impair any rights wlhich may have attached prior to the "jgidw ,,_ 6_ third day of March, eighteen hundred and seventy-three, or to authorize the sale of lands valuable for mines of gold, silver, or copper.