Arizona citizen., 1877-04-07
Important Public Land Laws.

by James II. Vaudeville, Counsel 1T land cases in Washington:
 An Act for the relief of settlers or the public lands under the pre-emptiof laws.
 Be it enacted by the Senate ana
 House of Representative ofthe United States of America in Congress assem
 bled, That when any person who ha: made a settlement on ihe public land, under the pre-emptinn laws shal change his filing to that for & home stead entry, the time required t0 per { feet his tItle under the homestead law, shall be computed from the date of hi. original settlement made under the pre-emption laws.
 Approved, March 3, 1877.
 An Act regarding proofs in certain cases:
 Be it enacted by the Senate and House of Representatives of the United States O. America in Congress assem bled. That the proof of residence. oc. equation, or cultivation, the affidavit Ol nOn-alienati0n, and the oath of alleSi ance, required to be made by section twenty-two hundred and ninety-one os the Revised Statutes, may be made be fore the judge, or, in his absence. be fore the clerk, of any court of record of the county and State, or district ant Territory, m which the lands are situ- ated; and if said lands are situated in any unOrganiZcd county, such proof may be made in a similar manner in any adjacent county in said State or Territory; and the proof, affidavit, snd oath, when so made and duly subscrib- ed shall have the same force and effect as if made before the register or re ceiver of the proper land-disirIct; and the same shall be transmitted by such judge, or the clerk of his court, to the register and the receiver. with the fee and charges allowed by law to him and the register and receiver shall be entitled to the same fees for examiEing and approving said testimony as are now allowed by law for taking the same.
 Section 9. That if any witness max ing such proof, or the said applicant making such affidavit or oath, swcars falsely as to any maternal matter con tained Tn said proof, aiiidavils, or oaths, the said false swearing being willtul and corrupt, he shall be deemed guilty of perjury, and shall he liable to the same pains and penalties, as if he had sworn falsely before ;he register.
 Approved, March 3, 1877.
 An Act respecting the limits of res ervatIons for town sites upon the pub lie domain.
 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- Ulcd, That the existence or incOrpura- ton of any town upon the public lands of the United States shall no; be held Co exclude from pre-empiion or home stead entry a greater quantity than twenty five hundred and sixty acres ot land, or the maximum area which may be entered as q tOwn-site under exist Ing laws, unless the entire tract claim ed or incorporated aS such town site shall, including and in excess of the area above specified, be actually set tied upon, inhabited, improved. and used for business and munIciJ pal pur- poses.
 Section 9 That where entries have been heretofore allowed upon lands af terward ascertained tO have been em. braced in the corporate limits of any town, but which entries are or shall be shown, to the satisfaction of the Com missioner of the General Land Office Ito 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 b. carried into patent :-Provided, That this confirmation shall not operate to restrict the entry of any town-si,e tO a smaller area than the maximum quan- iijy of land which, by reason If pres euJ population, it may be entitled tu enter under section twenty-three hun dred and eighty-nine of the Revised Statutes.
 Section 3. That whenever the cor pOrate limits of any town upon the public domain are shown or alleged to include lands in excess of the maxim .um area specified in section one of this act, the Commissioner of the Gen eral Land Office may require the au- thorities of such town, and it shall be lawful for them, Co elect what portion of said lands, in compact form and em 6racing the actual site of the munIci- pal occupation and improvement, shall be withheld from pTe-cmptiOn and homestead entry; and thereafter the residue of such lands shall be open tU disposal under the homestead and pre- emption laws. And upon default Of said town authorities to make such se- lection within sixty days after notif- cation by the Commissioner, he may direct testimony respecting the actual location and extent of said improve meatS, tO be taken by the register and receiver of the district in which such town rnay be situated; and, upon re- ceipt of the same, he may determine and Setotf the proper site according to section one of this act and declare the remaining lands open to settlement and enty under the homestead and pre- empiion laws; and It shall b. the duty of the secretary of each of the territories of the United States to furn- ish the Surveyor-general of the Terri tory for the use of the United States a copy duly certified of every act of the legislature of the territory incOrpOrat- ing any city or town, tine same to be forwarded by such secretary to the surveyor general within one month from date of its approval.
 Section It shall be lawful for any town which has made, or may hereaf ter make entry of less than tine max imum quantity of land in section twen- ty-jhree hundred and eighjy-nine of the Revised Statutes to make such ad- ditional entry or entries, of contiguous tracts. which may be occupied for town