Chapter CVII. *supplemental to the Act approved first July, eighteen hundred and sixty-four, “for the Disposal of Coal Lands and of Town Property in the Public Domain.”* March 3, 1865. 1864, ch. 205. *Ante,* p. 343. *Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congr
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Chap. CVII.— An Act *supplemental to the Act approved first July, eighteen hundred and sixty-four, “for the Disposal of Coal Lands and of Town Property in the Public Domain.”* March 3, 1865. 1864, ch. 205. *Ante,* p. 343. *Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled,* That in the case of any citizen Citizens actually engaged in coni mining on public lands may enter 160 acres, at $20 an acre.of the United States who, at the passage of this act, may be in the business of bona fide actual coal-mining on the public lands, except on lands reserved by the President of the United States for public uses, for purposes of commerce, such citizen, upon making proof satisfactory to the register and receiver to that effect, shall have the right to enter, according to legal subdivisions, a quantity of land not exceeding one hundred and sixty acres, to embrace his improvements and mining premises, at the minimum price of twenty dollars per acre, fixed in the coal and town property act of first July, eighteen hundred and sixty-four: *Provided,* That where the mining Description of premises, when to be filed.improvements and premises are on land surveyed at the passage of this act, a sworn declaratory statement descriptive of the tract and premises, showing also the extent and character of the improvements, shall be filed 530 THIRTY-EIGHTH CONGRESS.
Sess. II. Ch. 107, 108, 109. 1865.Proof and payment.within six mon the from the date of this act; and proof and payment shall be made within one year from the date of such filing; but where such mining premises may be on lauds hereafter to be surveyed, such declara tory statement shall be filed within three mon the from the return to the district land-office of the official township plat; and proof and payment shall be made within one year from the date of such filing. Town or city sites on the public lands.
Sec. 2. *And be it further enacted,* That in the case of any city or town which, at the passage of this act, may be existing on the public lands, in which the lots therein may be variant as to size from the limitation fixed in the said act of first July, eighteen hundred and sixty-four, and in which the lots and buildings as municipal improvements shall 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 said act of first July, eighteen hundred and sixty-four, effect to be given to this act according to such regulations as may be prescribed by the Secretary Minimum price of lots.of the Interior: *Provided,* That the minimum price of each said lots in any such town or city, which may contain a greater number of square feet than the maximum named in the act to which this is an amendment, shall be increased to such reasonable amount as the Secretary of the Interior may Mineral veins.by rule establish: *Provided, further,* That where mineral veins are pos sessed, which possession is recognized by local authority, and to the extent so possessed and recognized, the title to town lots to be acquired shall be subject to such recognized possession and the necessary use thereof: *Provided, however,* No title recognized in possessors for mining purposes.That nothing contained herein shall be so construed as to recognize any color of title in possessors for mining purposes as against the government of the United States.
Approved, March 3, 1865.