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36 STAT. 892, JANUARY 12, 1911. CEMETERY GRANT_COLORADO.

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AN ACT Setting apart a tract of land to be used as a cemetery by the Independent

Order of Odd Fellows of Central City, Colo. Be it enacted, etc., That the Secretary of the Interior be, and is hereby, authorized to set apart, from and out of the mineral lands in Eureka mining district, Gilpin County, State of Colorado (such lands having been heretofore returned to the land office at Central City as mineral lands), a tract of land not exceeding 7 acres in extent, to be used by the Independent Order of Odd Fellows of Central City, Colo., as a cemetery, and being all that portion of the followingdescribed tract not included in any prior valid claim, namely; * *

SEC. 2. That the Secretary of the Interior be, and he is hereby, authorized to confirm the title to the said described tract of land to the Independent Order of Odd Fellows of Central City, and to cause a patent to be issued for said land to be used for cemetery purposes only: Provided, That nothing contained in this grant shall be so construed as to prevent future applications for the extension of lode claims within the confines of the cemetery and claiming the mineral found there, all mining operations within the bounds of the land there set apart to the Independent Order of Odd Fellows for cemetery purposes to be conducted beneath the surface and so as in no way to disturb the graves of the dead buried there or to mar the surface of the ground.

36 STAT. 1349, CHAP. 255, MARCH 4, 1911.

GRANT TO TRINIDAD FOR WATER STORAGE-MINERALS RESERVED.

AN ACT To grant certain lands to the city of Trinidad, Colo. Be it enacted, etc., That the following-described lands situate in Las Animas County, Colo., namely: The southwest quarter of the northeast quarter of section 19, in township 32 south, range 68 west of the sixth principal meridian, containing 40 acres, more or less, be, and the same are hereby, granted and conveyed to the city of Trinidad, in the county of Las Animas and State of Colorado, upon the payment of $1.25 per acre by said city to the United States. The above lands are granted and conveyed to the city of Trinidad, to have and hold for its separate use for purposes of water storage and protection of water supply; and for said purposes said city shall forever have the right, in its discretion, to control and use any and all parts of the premises herein conveyed, and in the construction of reservoirs, laying such pipes and mains, and in making such improvements as may be necessary to utilize the water contained in any natural or constructed reservoirs upon said premises, and to protect its water supply from pollution and otherwise: Provided, however

, That the grant hereby made is and the patent issued hereunder shall be subject to all legal rights heretofore acquired by any person or persons in or to the above-described premises, or any part thereof, and now existing under and by virtue of the laws of the United States: And provided, That there shall be reserved to the United States all oil, coal, and other mineral deposits that may be found in the lands so granted, and all necessary use of the lands for extracting

the same: And provided further, That the lands hereby authorized to be purchased, as hereinbefore set forth, and all portions thereof shall be held and used by or for the said grantee for the purposes herein specified, and in the event the said lands shall cease to be so used they shall revert to the United States, and this condition shall be expressed in the patent to be issued under the terms of this act.

36 STAT. 1350, MARCH 4, 1911.

GRANTS FOR PARKS-MINERALS RESERVED.

AN ACT Granting public lands to the town of Omak, State of Washington, for public

park purposes.

Be it enacted, etc., That there is hereby granted and conveyed, for public park purposes, to the town of Omak, county of Okanogan, State of Washington, a municipal corporation, the following described lands, or so much thereof as said town may desire, to wit: All of Gover ent lot numbered 3, section 25; and all of Government lot numbered 4, section 26, both lying in township 34 north, and range 26 east of Willamette meridian, and containing 2910% acres, more or less.

Sec. 2. That the said conveyance shall be made of the said lands to the said town by the Secretary of the Interior upon the payment by the said town for the said lands, or such portion thereof as it may select, at the rate of $1.25 per acre, and patent issued to the said town for the said lands selected, to have and to hold for public park purposes, subject to the existing laws and regulations concerning public parks, and that the grant hereby made shall not include any lands which at the date of the issuance of patent shall be covered by a valid, existing, bona fide right or claim initiated under the laws of the United States: Provided, That there shall be reserved to the United States all oil, coal, and other mineral deposits that may be found in the lands so granted, and all necessary use of the lands for extracting the same: And provided further, That the said town shall not have the right to sell or convey the lands herein granted, or any parts thereof, or to devote the same to any other purpose than as hereinbefore described, and that if the said lands shall not be used as public parks the same, or such parts thereof not so used, shall revert to the United States.

STONE LANDS.

20 STAT. 89, 1 SUPP. 167, JUNE 3, 1878.

LANDS VALUABLE CHIEFLY FOR STONE.

AN ACT For the sale of timber lands in the States of California, Oregon, Nevada and

in Washington Territory. Be it enacted, etc., That surveyed public lands of the United States within the States of California, Oregon and Nevada and in Washington Territory, not included within military, Indian, or other reservations of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding 160 acres to any one person or association of persons, at the minimum price of $2.50 per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any bona fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improvements, education, or other purposes: And provided further, That none of the rights conferred by the act approved July 26, 1866 (14 Stat. 251), entitled “An act granting the right of way to ditch and canal owners over the public lands, and for other purposes,” shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any patent issued under this act.

SEC. 2. That any person desiring to avail himself of the provisions of this act shall file with the register of the proper district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belong to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnebar, copper, or coal; that deponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the register or the receiver of the land office within the district where the land is situated; and if any person taking such oath shall swear falsely in the premises, he shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he may have paid for said lands, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona fide purchasers, shall be null and void.

Sec. 3. That upon the filing of said statement, as provided in the second section of this act, the register of the land office, shall post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of 60 days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of said 60 days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the register of the land office satisfactory evidence, first, that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal; and upon payment to the proper officer of the purchase money of said land, together with the fees of the register and the receiver, as provided for in case of mining claims in the twelfth section of the act approved May 10, 1872 (17 Stat. 91), the applicant may be permitted to enter said tract, and, on the transmission to the General Land Office of the papers and testimony in the case, a patent shall issue thereon: Provided, That any person having a valid claim to any portion of the land may object, in writing, to the issuance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the officers of the land office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this act by regulations to be prescribed by the Commissioner of the General Land Office.

SEC. 4. That after the passage of this act it shall be unlawful to cut, or cause or procure to be cut, or wantonly destroy, any timber growing on any lands of the United States, in said States and Territory or remove, or cause to be removed, any timber from said public lands, with intent to export or dispose of the same; and no owner, master, or consignee of any vessel, or owner, director, or agent of any railroad, shall knowingly transport the same, or any lumber manufactured therefrom; and any person violating the provisions of this section shall be guilty of a misdemeanor, and, on conviction, shall be fined for every such offense a sum not less than $100 nor more than $1,000: Provided, That nothing herein contained shall prevent any miner or agriculturist from clearing his land in the ordinary working of his mining claim, or preparing his farm for tillage, or from taking

the timber necessary to support his improvements, or the taking of timber for the use of the United States; and the penalties herein provided shall not take effect until ninety days after the passage of this act.

A. TIMBER AND STONE ACT.

OF

1. PURPOSE AND APPLICATION.
2. CONSTRUCTION OF ACT.
3. POLICY TO PROTECT TIMBER AND MINERALS.
4. TIMBER LANDS—DISPOSAL.
5. STONE LANDS—DISPOSAL.
6. PARTICULAR KINDS OF STONE INCLUDED.
7. STONE LANDS EXCEPTED FROM RAILROAD GRANTS.
8. APPLICATION TO PURCHASE.

a. FILING AND EFFECT.
b. MINERAL LANDS NOT SUBJECT TO PURCHASE.
c. SHOWING AS TO MINERAL CHARACTER OF LAND.
d. SHOWING AS TO GOOD FAITH.
e. REGULATIONS AS TO SHOWING OF CHARACTER OF LAND.
f. VERIFICATION BY OATH OF APPLICANT-BASIS OF

KNOWLEDGE.
g. QUANTITY OF LAND PURCHASABLE.
h. NOTICE-POSTING AND PUBLISHING.
i. ENTRY BASED ON FALSE AFFIDAVIT-EFFECT.
j. VERIFICATION-PERJURY_EFFECT.
k. REGISTER TO FURNISH FINAL PROOF NOTICE-

PUBLICATION. 1. CONSPIRACY TO PURCHASE-EFFECT. m. PRIOR AGREEMENT OF APPLICANT TO SELL_EFFECT. n. CONTRACT OF SALE AFTER APPLICATION_VALIDITY.

0. BONA FIDE PURCHASER FROM ENTRYMAN-TITLE. 9. AGRICULTURAL SETTLEMENT ON STONE LANDS. 10. AGRICULTURAL ENTRY NOT PERMITTED UNDER THIS ACT. 11. FORFEITURE OR CANCELLATION OF ENTRY. 12. RECOVERY OF MONEY ON CANCELLATION OF ENTRY. 13. PATENT—CANCELLATION. 14. STATE SELECTIONS-Basis. 15. REGULATIONS BY SECRETARY. 16. CUTTING OF TIMBER.

a. CONSTRUCTION AND MEANING OF ACT.
b. PURPOSES FOR WHICH TIMBER MAY BE CUT.
c. WHO PERMITTED TO CUT.
d. HOMESTEAD SETTLER NOT PERMITTED TO CUT TIMBER.
e. INDICTMENT FOR CUTTING-SUFFICIENCY.
f. CRIMINAL LIABILITY-PROOF AND DEFENSE.
g. TRESPASSER—LIABILITY AND DAMAGES.

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