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town site exceeds maximum.

Commissioner of the General Land Office, to include only vacant unoccupied lands of the United States, not settled upon or used for municipal purposes, nor devoted to any public use of such town, said entries, if regular in all respects, are hereby confirmed and may be carried into patent: Provided, That this confirmation shall not operate to restrict the entry of any town-site to a smaller area than the maximum quantity of land which, by reason of present population, it may be entitled to enter under said section twenty-three hundred and eighty-nine of the

Revised Statutes. Where

SEC. 3. That whenever the corporate limits of any town upon the public domain are shown or alleged to include lands in excess of the maximum area specified in section one of this act, the Commissioner of the General Land Office may require the authorities of such town, and it shall be lawful for them, to elect what portion of said lands, in compact form and embracing the actual site of the municipal occupation and improvement, shall be withheld from pre-emption and homestead entry; and thereafter the residue of such lands shall be open to disposal under the homestead and pre-emption laws. And upon default of said town authorities to make such selection within sixty days after notification by the Commissioner, he may direct testimony respecting the actual location and extent of said improvements, to be taken by the register and receiver of the district in which such town may be situated'; and, upon receipt of the same, he may determine and set off the proper site according to section one of this act and declare the remaining lands

open to settlement and entry under the homestead and copies of acts pre-emption laws; and it shall be the duty of the secretowns, how to be tary of each of the Territories of the United States to furfurnished.

nish the surveyor-general of the Territory for the use of the United States a copy duly certified of every act of the legislature of the Territory incorporating any city or town, the same to be forwarded by such secretary to the surveyor-general within one month from date of its approval.

SEC. 4. It shall be lawful for any town which has made, or may hereafter make entry of less than the maximum quantity of land named in section twenty-three hundred and eighty-nine of the Revised Statutes to make such additional entry, or entries, of contiguous tracts, which may be occupied for town purposes as when added to the entry or entries theretofore made will not exceed twenty-five hundred and sixty acres: Provided, That such additional entry shall not together with all prior entries be in excess of the area to which the town may be entitled at date of the additional entry by virtue of its population as prescribed in said section twenty-three hundred and eightynine.

Act approved, March 3, 1877 (19 Stat., 392).

Where town site is less than maximum.

Proviso.

An Act To repeal timber-culture laws and for other purposes.

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enmineral

clude mining

SEC. 16. That town-site entries may be made by in- trilo won site corporated towns and cities on the mineral lands of the lands not to in. United States, but no title shall be acquired by such rights. towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim or possession held under existing law. When mineral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to such recognized possession and the necessary use thereof and when entry has been made or patent issued for such town sites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground appertaining thereto: Provided, That no entry Prior right of shall be made by such mineral-vein claimant for surface ground where the owner or occupier of the surface ground shall have had possession of the same before the inception of the title of the mineral-vein applicant.

surface owner.

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Approved March 3, 1891 (26 Stat., 1101).

RECLAMATION TOWN SITES.

Maximum acreage, survey, etc.

An Act Providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation act of June seventeenth, nineteen hundred and two, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Town site with

. the Secretary of the Interior may withdraw from public rigation projects. entry any lands needed for town-site purposes in connection with irrigation projects under the reclamation act of June seventeenth, nineteen hundred and two, not exceeding one hundred and sixty acres in each case, and survey and subdivide the same into town lots, with appropriate reservations for public purposes.

SEC. 2. That the lots so surveyed shall be appraised and ppraisement under the direction of the Secretary of the Interior and sold under his direction at not less than their appraised value at public auction to the highest bidders, from time to time, for cash, and the lots offered for sale and not disposed of may afterwards be sold at not less than the appraised value under such regulations as the Secretary of the Interior may prescribe. Reclamation funds may be Expenses and used to defray the necessary expenses of appraisement and sale, and the proceeds of such sales shall be covered into the reclamation fund. SEC. 3. That the public reservations in such town sites Improvement,

etc., public reser: shall be improved and maintained by the town authori- vations. ties at the expense of the town; and upon the organization

Water rights.

thereof as municipal corporations the said reservations shall be conveyed to such corporations by the Secretary of the Interior, subject to the condition that they shall be used forever for public purposes.

SEC. 4. That the Secretary of the Interior shall, in accordance with the provisions of the reclamation act, provide for water rights in amount he may deem necessary for

. the towns established as herein provided, and may enter into contract with the proper authorities of such towns, and other towns or cities on or in the immediate vicinity of irrigation projects, which shall have a water right from the same source as that of said project for the delivery of such water

supply to some convenient point, and for the payment Paymonto sinto the reclamation fund of charges for the same to be

paid by such towns or cities, which charges shall not be less nor upon terms more favorable than those fixed by the Secretary of the Interior for the irrigation project from which the water is taken.

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charges.

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An Act Providing for the subdivision of lands entered under the recla

mation act, and for other purposes.

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Disposar 01 town sites within

ects

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SEC. 3. That any town site heretofore set apart or esirrigation proj. tablished by proclamation of the President, under the

provisions of sections twenty-three hundred and eighty
and twenty-three hundred and eighty-one of the Revised
Statutes of the United States, within or in the vicinity of
any reclamation project, may be appraised and disposed
of in accordance with the provisions of the act of Con-
gress approved April sixteenth, nineteen hundred and six,
entitled" An act providing for the withdrawal from pub-
lic entry of lands needed for town-site purposes in con-
nection with irrigation projects under the reclamation act
of June seventeenth, nineteen hundred and two, and for
other purposes;” and all necessary expenses incurred in
the appraisal and sale of lands embraced within any such
town site shall be paid from the reclamation fund, and the
proceeds of the sales of such lands shall be covered into
the reclamation fund.
SEC. 4.

Providing that the limitation on size not applica

the size of town sites contained in the act of April sixteenth, nineteen hundred and six, entitled "An act providing for the withdrawal from public entry of laņds needed for town-site purposes in connection with irrigation projects under the reclamation act of June seventeenth, nineteen hundred and two, and for other pur

poses," shall not apply to the town sites named in this Withdrawal of section; and whenever, in the opinion of the Secretary of larger town sites.

the Interior, it shall be advisable for the public interest he may withdraw and dispose of town sites in excess of one hundred and sixty acres under the provisions of the

Limitation as to

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ble.

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aforesaid act, approved April sixteenth, nineteen hundred and six, and reclamation funds shall be available for the payment of all expenses incurred in executing the provisions of this act, and the aforesaid act of April sixteenth, nineteen hundred and six, and the proceeds of all sales of town sites shall be covered into the reclamation fund.

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ects.

An Act Providing for the reappraisement of unsold lots in town sites on

reclamation projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Reappraise

ment unsold the Secretary of the Interior is hereby authorized, when- town lots under

reclamation proi. ever he may deem it necessary, to reappraise all unsold lots within town sites on projects under the reclamation Act heretofore or hereafter appraised under the provisions of the Act approved April sixteenth, nineteen hundred and six, entitled “An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes," and the Act approved June twenty-seventh, nineteen hundred and six, entitled “An Act providing for the subdivision of lands entered under the reclamation Act, and for other purposes”; and there- Sales. after to proceed with the sale of such town lots in accordance with said Acts.

SEC. 2. That in the sale of town lots under the provisions of the said Acts of April sixteenth and June twentyseventh, nineteen hundred and six, the Secretary of the Interior may, in his discretion, require payment for such town lots in full at time of sale or in annual installments, not exceeding five, with interest at the rate of six per centum per annum on deferred payments.

Approved, June 11, 1910 (36 Stat., 465).

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Manner of payment.

ALIENS.

An Act To better define and regulate the rights of aliens to hold and own

real estate in the Territories.

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SEC. 2.
This Act shall not be construed to

Town lots or

mining claim may vent any persons not citizens of the United States from ac- be acquired. quiring or holding lots or parcels of lands in any incorporated or platted city, town, or village, or in any mine or mining claim, in any of the Territories of the United States.

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PARKS AND CEMETERIES.

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An Act To authorize entry of the public lands by incorporated cities and

towns for cemetery and park purposes.

Be it enacted by the Senate and House of Representatives of Cities may pur: the United States of America in Congress assembled, That lands for cemo incorporated cities and towns shall have the right, under teries and parks. rules and regulations prescribed by the Secretary of the

Interior, to purchase for cemetery and park purposes not

exceeding one-quarter section of public lands not reserved Three-mile for public use, such lands to be within three miles of such

cities or towns: Provided, That when such city or town is situated within a mining district, the land proposed to be taken under this Act shall be considered as mineral lands,

and patent to such lands shall not authorize such city or Mineral lands. town to extract mineral therefrom, but all such mineral

shall be reserved to the United States, and such reserva-
tion shall be entered in such patent.

Approved, September 30, 1890 (26 Stat., 502).
An Act To authorize the sale of public lands for cemetery purposes.

Be it enacted by the Senate and House of Representatives Sale of public of the United States of America in Congress assembled, That terios.

the Secretary of the Interior be, and he is hereby, authorized to sell and convey to any religious or fraternal association, or private corporation, empowered by the laws under which such corporation or association is organized or incorporated to hold real estate for cemetery, purposes, not to exceed eighty acres of any unappropriated nonmineral public lands of the United States for cemetery purposes, upon the payment therefor by such corporation or association of the sum of not less than one dollar and twenty-five cents per acre: Provided, That title to any land disposed of under the provisions of this Act shall revert to the United States, should the land or any part thereof be sold or cease to be used for the purpose herein provided.

Approved, March 1, 1907 (34 Stat., 1052).

lands for ceme

ARIZONA AND CALIFORNIA..

Yuma and Colorado River Reservations.

Extract from the Indian appropriation act, approved April 30, 1908 (35

Stat., 77)-Yuma and Colorado River Indian lands. There is also appropriated out of any money in the Treasury not otherwise appropriated, the further sum of five thousand dollars, or so much thereof as may be necessary, to enable the Secretary of the Interior to reserve and set apart lands for town-site purposes in the Yuma Indian Reservation, California, and the Colorado River Indian Reservation in California and Arizona, and to survey, plat, and sell the tracts so set apart in such manner as he may prescribe, the net proceeds to be de

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