The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-11-06
Approved, March 8, 1873.
GENERAL NAruRE-No. l07.1

the United States containing coal.
Be it enacted by the Senate and House OF Rep
resentatives of the United States of America in
Congress assembled, That any person above the
age of twenty one years, who is citizen Of the
United States, Or who has declared his intention
to become such, or any association of persons
severally qualified as above, shall, upon appli
cation to the register of the proper land office,
have the right to enter, by legal subdivisions,
any quantity of vacant coal lands of the United
States not otherwise appropriated or reserved,
by competent authority, not exceeding enc hun
bred and sixty acres to such individual person,
or three hundred and twenty acres to such as
socation upon payment to the receiver of not
less than ten dollars per acre for such lands,
where the same shall be situated more than If
teen miles from aay completed railroad, and not
less than twenty dollars per acre for such lands
as shall be within fifteen miles of such road.
SEC. 2. That any person or association of per-
sons severally qualified as above, who have open
ed and improved, or shall hereafter open and
improve, any coal mine or mines upon the pub
lie lands, and shall be in actual possession Of the
same, shall be entitled to a preference right of
entry, under the foregoing provisions, of the
mines so opened and improved; ProS.ded, That
when any association of not less than four per-
sons, seyerally qualified as in section one Of this
act, shall have expended not less than five thou
sand dollars in working and improving any such
mine or mines, such ass ocaton may enter not
exceeding six hundred and forty acres, including
such mining improvements
Sec 8. That all claims under section two Of
this act must be presented to the register Of the
proper land district within sixty days after the
date of actual possession and the commencement
of improvements on the land, by the filing of e
dcclaratory statement therefor; Prorided That
when the township plat is not On file at the date
Of such improvement, filing must be made within
sixty days from the receipt of such p lat at the
district office And prouided further, That where
the improvements shall have been made prior 10
the expiration of three months from the passage
of this act sixty days from the expiration of said
three months shall be allowed for the filing OF .
declaratory statement, and no sale under the pro-
visions of this act shall be allowed until the ez-
pilation of sig months from the date hereof.
SEC A. That this act shall besheld to author
ize only one entry by the same person associa-
ton of persons under its provisions an no as
sociation Of persons any member Of which shall
have taken the benefit of this act either
individual or as member Of any other associa
tion, shall enter or hold any other lands under
the provig;ons of this act and member of
any association which shallhave taken tae bene-
fit of this set shall enter hold any other lands
under its provisions; and all persons claiming
under section two hereof shall be required tc
prove their respective rights and pay for the
lands filed upon within one year from the time
prescribed for filing their respective claims and
upon failure to file the proper notice. or to pay
Tor the land within the required period, the same
shall be subject to entry by any other qualified
applicant. '"."
Sec. s. That in case Of conflicting claims upon
lands where the Improvements shall be hereafter
commenced, priority Of possession and improve
ment, followed by proper filing and continued
good faith shall determine the preference right
to purchase: And also where improvements
have already been made atthe date of the pas
sage of tits act, division of the land claimed
may be made by legal subdivisions, to inclhde,
near as may be, the valuable improvements Of
the respective parties; and the Commissioner Of
the General Land-Office shall be, and is hereby.
authorized to issue all nesdful rules and regula-
tons for carrying into effect the provisions of
this act
Sec. 6. That nothing in this act shall be con-
strued to destroy CT impair any rights which may
have attached prior to its passage, or to author
ize the sale of lands valuable for mines Of gold,
silver, or copper.
Approved, March 8, 1878.