The Montana post., 1869-01-22
THE TOWN SITE ACT.

The following are the amendments to
the Town Site Act OF the Fourth Ses-
sion. and which, in view of the entry of
the town site of Helena by the Probate
Judge. il of interest to our citizens:
COUNCIL BILL NO. 26.
Mr. Cullen introduced the following
bill:
An Act to amend an Acr entitled IN
Act relative tn the Pre-ernptinn OF
Town Sites upon the Public Lands,
and the disposal of Trusts created!
thereby, approved Dee. II 1861.
BE il enacted ty tie Legisldtire -isscm6y
Of tie Territory Of Wohtdad:
Section 1. That section one of said
Act be amended so as IN read a. follows:
Section l. That whenever the citizens
Of any town located. or that may heres
after be located upon the ruuiic lands
of the United States, shall desire to OBJ
tain title 20 the town site thus occupied
by them, il shall be lawful for :he cor-
porate authorities OF such town. or il
the same he unincorporated, then for
the Judge of the Probate Court of the
county in which such town is located,
whenever such d, sire. of the citizens is
certified to such incorporate authorities.
or Judge of the Probate Court. as th.
case may be, by petition signed by n
majority OF the resident property hold
ers of such town, to enter at the proper
land so much of the land that such
town may be entitled TO under the pro
visions OF the Act of Congress entitled
An Act tor the relief of the inhabi-
tants OF cities ami towns upon the pubs
lie lands, approved March I'd, 1867, as
may be actually necessary for the pur-
poses of said town. i'll trust for the sew
eral use and benefit Of the occupants
thereof. according to their respective
interests; pr0cided. that nothing in this
Act contained shall be so construed AS
to authorize or empower the said Incor
porate authorities, or Probate Judge, as
the case may De, to enter or 10 cause to
be surveyed, as hereinafter provided,
any tract or legal subdivision of land
not actually occupied as a town site,
in whole or IN part. by the citizens
ot such town.
Sec. 2. That section eight Of said
Act DE and the same is hereby amended
so as 70 read as follows:
"Sec. .. The number OF lots which
any one claimant shah be entitled to
pfe-tlnpI u1utr tHt PROVISIONS Oh THIS
act, shall be two, not exceeding in area
four Thousand two hundred square feet
each. and such additional lot or lots up
on which said claiman, may have SUBJ
stantial improvements OF the evalue Of
not less than $3.50. When any claimant
STALL make application to enter more
than two lots, he shall prove. in addition
10 other matters of proof required by
this act to the satisfaction OF the said
incorporate authorities, or probate judge
as the case may be. by the affidavit o.
one or more reliable witnesses, the ma
ture, character and actual cash value o
the improvements upon each additional
lot so sought TO be entered by him"
sec. ). Tie residue Of lots lett in the
posse ssion OF :, e incorporate authorize:
or probate judge. as the case may be
and unclaimed, shall be open TO settle.
ment aud improve ment by actual set
tiers. Whenever any person shall de
sire 10 settle upon any such unclaimed
lot, he shall file with The incorporate au
thorities or probate judge. as the cas-,
may be, a notice setting forth his settle
ment upon such lot or lots, particular,