damaged timber claims. United States: Provided, That such dead, down, or dam- Restriction on aged timber upon any lands embraced in an existing on existing claim shall be disposed of only upon the application or with the written consent of such claimant, and the money received from the sale of such timber on any such lands Special fund of shall be kept in a special fund to await the final determi- proceeds. nation of the claim. (U. S. C., 3d. supp., title 16, sec. 614.) SEC. 2. That upon the certification of the Secretary of Disposal of fund. the Interior that any such claim has been finally approved approved. If claim finally and patented, the Secretary of the Treasury is hereby authorized and directed to pay to such claimant, his heirs, or legal representatives, the money received from the sale of such timber upon his land, after deducting therefrom the expenses of the sale; and upon the certification of the Secretary of the Interior that any such If rejected and claim has been finally rejected and canceled, the Secre- canceled. tary of the Treasury is hereby authorized and directed to transfer the money derived from the sale of such timber upon the lands embraced in such claim to the general fund in the Treasury derived from the sale of public lands, unless by legislation the lands from which the timber had been removed had been theretofore appropriated to the benefit of an Indian tribe cr otherwise, in which event the net proceeds derived from the sale of the timber shall be transferred to the fund of such tribe or otherwise credited or distributed as by law provided. (U. S. C., 3d supp., title 16, sec. 615.) Approved, March 4, 1913 (37 Stat. 1015). SALE OF MATURE, DEAD AND DOWN TIMBER ON NA- Extract from the sundry civil appropriation Act, approved June 4, 1897 (30 Stat. 11, 35) For the purpose of preserving the living and growing timber and promoting the younger growth on forest reservations, the Secretary of the Interior,12 under such rules and regulations as he shall prescribe, may cause to be designated and appraised so much of the dead, matured, Timber appraisal or large growth of trees found upon such forest reserva- and sale of dead, tions as may be compatible with the utilization of the forests thereon, and may sell the same for not less than the appraised value in such quantities to each purchaser as he shall prescribe, to be used in the State or Territory in which such timber reservation may be situated, re The administration of the forest reserves was transferred to the Secretary of Agriculture by the act of Feb. 1, 1905 (33 Stat. 628). p. 127.-EDITOR. See etc. Use of timber, spectively, but not for export therefrom. (U. S. C., title 16, sec. 476.) The Secretary of the Interior 12 may permit, under regetc., by settlers, ulations to be prescribed by him, the use of timber and Sales of timber for domestic use. Free timber to settlers. stone found upon such reservations, free of charge, by bona fide settlers, miners, residents, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and other domestic purposes, as may be needed by such persons for such purposes; such timber to be used within the State or Territory, respectively, where such reservations may be located. (U. S. C., title 16, sec. 477.) SALE OF TIMBER TO HOMESTEAD SETTLERS Extract from the agricultural appropriation Act, approved August 10, 1912 (37 Stat. 269, 287) * That the Secretary of Agriculture, under such rules and regulations as he shall establish, is hereby authorized and directed to sell at actual cost, to homestead settlers and farmers, for their domestic use, the mature, dead, and down timber in national forests, but it is not the intent of this provision to restrict the authority of the Secretary of Agriculture to permit the free use of timber as provided in the Act of June fourth, eighteen hundred and ninety-seven. (U. S. C., title 16, sec. 489.) 12 See footnote, p. 723. TOWN SITES, AND SITES FOR PARKS, CEM- Cross references: See subtitles "Railroads and Rights of Way," p. 55, and "Town Sites," p. 62, under "Alaska"; subtitle "Ceded Indian Lands," under "Mineral Lands," p. 323 et seq.; subtitle "Railroad Rights of Way," under "Railroad Grants," p. 481. TOWN SITES GENERAL PROVISIONS OF THE TOWN SITE LAWS 1 1 reserved by Presi SEC. 2380, R. S. The President is authorized to reserve Town sites to be from the public lands, whether surveyed or unsurveyed, dent. Mar. 3, town sites on the shores of harbors, at the junction of 1863, 12 S. 754; rivers, important portages, or any natural or prospective s. 392. centers of population. (U. S. C., title 43, sec. 711.) Mar. 3, 1877, 19 lots. SEC. 2381, R. S. When, in the opinion of the President, Reservations to the public interests require it, it shall be the duty of the be surveyed into Secretary of the Interior to cause any of such reservations, or part thereof, to be surveyed into urban or sub- s. 754. urban 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 afterward 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. (U. S. C., title 43, sec. 712.) SEC. 2382, R. S. In any case in which parties have Town or city sites already founded, or may hereafter desire to found, a city on public lands or town on the public lands, it may be lawful for them to cupants. cause to be filed with the recorder for the county in which July 1, 1864, 18 the same is situated, a plat thereof, for not exceeding six S. 343. hundred and 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 1 Extended to Oklahoma by sec. 22 of the act of May 2, 1890 (26 Stat. 81, 91), p. 729, and to ceded Indian lands in the State of Minnesota by the act of Feb. 9, 1903 (32 Stat. 820), p. 728. When towns established upon how adjusted. lots in which shall each not exceed four thousand two SEC. 2383, R. S. When such cities or towns are estabunsurveyed lands, lished upon unsurveyed lands, it may be lawful, after extension limits, the 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. (U. S. C., title 43, sec. 714.) Ibid. When transcript Ibid. SEC. 2384, R. S. If within twelve months from the establishment of a city or town on the public domain, the months, proceed parties interested refuse or fail to file in the General ings by Secretary of the Interior. Land Office a transcript map, with the statement and testimony called for by the provisions of section twentythree hundred and eighty-two, 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. (U. S. C., title 43, sec. 715.) Where size of lots SEC. 2385, R. S. In the case of any city or town, in or town plat vary which the lots may be variant as to size from the limifrom general rule. tation fixed in section twenty-three hundred and eightyMar. 3, 1865, 13 two, and in which the lots and buildings, as municipal S. 530. i H 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. (U. S. C., title 43, sec. 716.) ject to mineral SEC. 2386, R. S. Where mineral veins are possessed, Title to lots subwhich possession is recognized by local authority, and rights. to the extent so possessed and recognized, the title to Ibid. 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. (U. S. C., title 43, sec. 717.) Entry of town au S. 541; June 23, SEC. 2387, R. S. Whenever any portion of the public thorities in trust lands have been or may be settled upon and occupied as a for occupants. town-site, not subject to entry under the agricultural pre- Mar. 2, 1867, 14 emption laws, it is lawful, in case such town be incorpo- 1874, 18 3.254. rated, 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 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. (U. S. C., title 43, sec. 718.) ceding section, SEC. 2388, R. S. The entry of the land provided for in Entry under prethe preceding section shall be made, or a declaratory state- when to be made. ment of the purpose of the inhabitants to enter it as a Ibid. 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. (U. S. C., title 43, sec. 719.) tion to number of SEC. 2389, R. S. If upon surveyed lands, the entry shall Entry in proporin its exterior limit be made in conformity to the legal inhabitants. subdivisions of the public lands authorized by law; and Mar. 2, 1867, 14 where the inhabitants are in number one hundred, and S. 541; June 23, less than two hundred, shall embrace not exceeding three 1874, 18 S. 254; |