New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-09-04
GENERAL NArURE-No. 1911


the United States containing coal.
Be it enacsed by the Senate and House OF
Representatives of the United States Of
America N 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 sever
ally qualified as above, shall, upon applica-
ton to the register of the proper land office,
have the right to enter. by legal subdi-
visions any quantity of vacant coal lands
of the United States not otherwise apprO-
priated or reserved by competent authority,
not exceeding one hundred and sixty acres
to such individual person, or three hundred
and twenty acres to such association, upon
payment to the receiver OF not less than
ten dollars per acre for such lands, where
the same shall be situated more than fifteen
miles from any completed railroad, and not
less than twenty dollars per acre for such
lands as shall be within fifteen miles OF
such road
SEC ,. That any person or association
of persons severally qualified as above. who
have opened and improved, or shall here
after open and improve, any coal mine or
mines upon the public lands, and shall be in
actual possession of the same, shall be en-
titled to preference right of entry, under
the foregoing provisions, of the mines so
opened and improved; provided, that when
any association of not less than four per-
sons. severally qualified as in section one
of this act shall have expended not less
than five thousand dollars in working and
improving any such mine OR mines, SUCH
association may enter not exceeding six
hundred and forty acres, including such
mining improvements.
SEC. ;. 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 fling of declaratory state
ment therefor; provided. that when the
township plat is not on tile at the date OF
such improvement, fling must be made
within sixty days from the receipt OF such
plat at the district office; and provided fur
Their, that where the improvements shall
have been made prior to the expiration OF
three months from the passage OF this act,
sixty days from the expiration OF said three
months shall De allowed for the fling Of a
declaratory statement. and no sale under
the provisions of this act shall be allowed
until the expiration OF six months from the
date hereof.
SEC. 4. That this .act shall be held to
authorize only one entry By the same per-
son or association OF persons under its
provisions and no association of persons
any member of which shall have taken the
benefit of this act either as an individual or
as a member of any other association, shall
enter or hold any other lands under the
provisions of this act; and no member OF
any association which shali have taken the
benefit of this act shall enter or hold any
other lands under its provisions and all
persons claiming under section two hereof
shall be required TO prove their respective
rights and pay for the lands flied upon
within one year from the time prescribed
for filing their respective claims; and upon
failure to file the proper notice, or to pay
for the land within the REFUSED period, the
same shall be subject to entry by any other
qualified applicant.
SEC. 5. That in case of conflicting claims
upon lands where the improvements shall
be hereafter commenced, priority of posses
sion and improvement, followed by proper
fling and continued good faith, shall de-
termne the preference right to purchase.
And also where improvements have already
been made at the date of the passage OF
this act, division of the land claim
NAV be made by legal subdivisions,
to include, as near as may be, the
valuable improvements of the respective
parties: and Commissioner of the General
Land Office shall be and is hereby author
lied to issue all needful rules and regula-
tons for carrying into effect the provisions
of this act.
SEC. 6. That nothing in this act shall be
construed to destroy or impair any rights
which may have attached prior to It's pass
age, or to authorize the sale of lands yalu-
able for mines of gold, silver or copper.
Approved March 3, 1873.