Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-22

does not preclude the person from
filing another application pursuant to
section of this act.
Disposal Of Coal Deposits.
6. Right to Prospect for Coal
Bond to Be tlled.-By section 3 OF
the act it is provided that upon sat-
isfactory proof OF full compliance
with the provisions of the laws un-
der which entry is made, and of this
act, he entryman shall be entitled to
a patent to the land entered by him,
which patent shall contain a reserva'
ton to the United States Of all the
coal in the land so patented. togeth-
err with the right to prospect for,
mine, and remove the same; and that
the coal deposits in such lands Shall
be subject to disposal by the United
States in accordance with the pro-
visions of the coal land laws in force
at the time of such disposal. Said
section also provides that any per-
son qualified to acquire coal deposits
or the right to mine and remove the
coal under the laws OF the United
States shall have the right, at all
times to enter upon the lands select
ed entered, or patented, as provided
by this act for the purpose OF pros
pecting for coal thereon upon the ap'
prevail of the secretary OF the inter-
ior of bond or undertaking o be
filed with him as security for the
payment of all damages to the crops
, and improvements on such lands by
reason OF such prospecting; and that
any person who has acquired from
the United States the coal deposits
| in any such land. or the right to mine
or remove the same, may enter and
! occupy so much of the surface there
of as may be required for all pur-
poses reasonably incident to the
mining and removal of the coal
therefrom, and nine and remove the
COAL upon payment OF the damages
caused thereby to the owner thereof,
or upon giving Il good and sufficient
bond or undertaking in an action in
stituted in any competent court to
ascertain and fix said damages.
AS condition precedent to the ex-
ercise of the right mentioned in this
act to prospect for COAL the person
desiring so to prospect must lille IN
the office of the commissioner OF the
general land Office, for submission to
the secretary Of the interior for his
approval, a bond or undertaking to
| indemnify the nOn-.nineral claimant
in lawful possession under this act
| from all damages that may accrue to
| the latter's crops and improvements
on such lands by reason of such pros
| pecting, the right to prospect to da.e
from receipt of notice OF approval OF
the bond. There must be filed with
such bond evidence of service OF a
copy thereof upon the non-mineral
claimant. The bond must be ex
ecuted by the prospector as princi-
pal, with two competent sureties or
bond company that has complied
with the provisions of the act OF
August 10, 1894 (2S Stat, 2S9), as
amended by the act approved March
%, 1910 (36 Stat, 241), in the sum OF
$1,000, as per form hereto annexed.
Coal declaratory statements for and
applications to purchase the coal
deposits in lands entered, selected,
or withwrawn under the reclamation
act, as provided in section 2 of act,
will be received and filed at any time
after such entry or selection has
been received and allowed of record
or such withdrawal has become a
matter of record in your office; coal
declaratory statements for and ap-
plications to purchase the coal de-
posts in those lands embraced In non
mineral entries, selections, or loca'
tons made in good faith, described In
and protected by, the proviso in sec
ton of the act, will be accepted and
filed after it shall have been deter
mined and become a matter OF rec
ord in your office that such non
mineral entryman, selector, or local.
or, shall receive the limited patent
prescribed in the act: Provided, al
ways, that such lands, or the coal de-
posits therein, have been restored to
| disposition under the coal land laws
and the regulations in force.
Applications, Certificates and Patents
7. (a) Entries and selections under
the provisions of this act must nave
noted across the face OF the appllca
ton for entry or selection, before sucn
application for entry or selection IS
signed by the applicant and presented
to you, the following:
"Application made In accordance
with and subject to the provisions and
reservations of the act of June ~, 1917
(36 Stat, $780,"
Like notation will be made by re-
ceivers across the face of receipts is
sued by them for applications to enter
or select lands under the provisions
of this act.
The secretary of the interior in
withdrawing, under the reclamation
act. lands classified as coal lands, or
valuable for coal, with a view to Sc
curing or passing title to the same in
accordance with the provisions OF
said acts, will state in the notice OF
withdrawal that the same is made in
accordance with and subject to the
provisions and reservations of the act
of June %, 1910, supra.
(b) You will cause to be stamped
on the final certificates issued to non
mineral claimants under this act:
patent to contain provisions, res
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