The Oroville weekly gazette. [volume] (Oroville, Wash.) 1905-19??, 1917-01-19

this act, may, upon submitting PROOF
that he resides upon and has not sold
the land so entered or acquired and
against which land there are no in
cumbrances, relinquish or reconvey to
the United States the land so occupied
entered or acquired, and in lieu there
of, within the same land office dis
trict may enter and acquire title to sly
hundred and forty acres of the land
subject to entry under this act, but
must show compliance with all the
provisions of this act respecting the
new entry, and with all the provisions
of existing homestead laws except as
modified herein.
Section THAT the Communication
provisions of the homestead laws shall
not apply to any entries made under
this act.
Section 8.-That any homestead en-
,tryman or patentees who shall be en-
titled to additional entry under this
act shall have. for ninety days after
the designation of lands subject to en-
TRY under the provisions of this act
and contiguous to those entered or
owned or occupied by him, the prefer.
ential right to make additional entry
as provided in this act. Provided that
where such lands contiguous to the
lands Of two or more entrymen o,
lpatentees entitled to additional entries
under this section are not sufficient In
area to enable such entrymen to Sc
cure by additional entry the maximum
amounts to which they are entitled
the Secretary of the Interior Is auth
lorized to make an equitable division
OF the lands among the several entry
men or patentees, applying to exer-
else preferential rights. such division
Ito be in tracts Of not less than 40 acres
or aother legal subdivisions, and so
made as to eQualize as nearly as pos
sible the area which such entrymep
and patentees will acquire by adding
the tracts embraced in the additional
|entries to the lands originally held or
owned by them: Provided further,
That where but one such vacant tract
|of land may adjoin the lands Of two
|or more entrymen or patentees entitl-
led to exercise preferential right here
under, the tract in question may be en-
tered by the person who first submits
to the local land office his application
to exercise said preferential right.
Section 9.-That all entries made
and patents issued under the provis-
ions Of this act shall be subject to and
contain a reservation to the United
States Of all the coal and other min
|erals In the land 30 entered and pat
|enteds stUyetaeT- with tire right TO pros--
|pect for. mine and remove the same.
The coal and other mineral deposits
in such lands shall be subject to dis
|posal by the United States in accord
ance with the provisions Of the coal
and mineral land laws In force at the
time Of such disposal. Any person
qualified to locate and enter the coal
or other mineral deposits, or having
the right to mine and remove the
same under the laws of the United
States, shall have the right at all
times to enter upon the lands entere,
or patented as provided by this act.
for the purpose Of prospecting for
coal or other minerals therein, provid-
ed he shall not injure. damage or de-
lstroy the permanent improvements of
the entryman or patentee and shall be
liable to and shall compensate the en-
|tryman or patentee for all DANCES to
the crops of such lands by reason of
such prospecting. Any person who has
acquired from the United States the
coal or other mineral deposits in any
such land, or the right to mnie or re-
move the same may reenter and occu-
lpy so much Of the surface thereof as
may be required for all purposes re-
Iasonably incident to the mining or
removal of the coal or other minerals,
first upon securing the written consent
or waiver of the homestead entryman
lor patentee; second, upon payment of
the damages to crops or other tangible
improvements to the owner thereof,
where agreement may be had as to
the amount thereof: or. third, in lieu
of either Of the foregoing provisions.
upon the execution Of a good and suf-
icient bond or undertaking to the U. 8.
for the use or benefit OF the entry
man or owner Of the land, to secure
the payment Of such damages to the
crops or tangible improvements of
the entryman or owner, as may be de-
Itermined or fixed In the action brought
upon the bond or undertaking In q
court Of competent jurisdiction against
the principal and sureties thereon,
such bond or undertaking to be In the
form and in accordance with rules and
regulations prescribed by the secretary
OF the Interor and to be filed with and
larproved by the register and receiver
of the local land office Of the district
wherein the land is situate, subject to
appeal to the Commissioner of the
General Land office: Provided, That
| all patents issued for coal or other
mineral deposits herein reserved shall
contain appropriate notations declar-
of this act with reference to the dispo-
sition, occupancy, and use of the land
as permitted to an entryman under
this act.
Section 10.-That lands containing
water holes or other bodies OF water
needed or used by the public for wa
tering purposes shall not be designat-
ed under this act, but may be reserv-
ed under the provisions Of the act Of
June 25th, 1910, and such lands here
tofore or hereafter reserved shall,
while so reserved, be kept and held
open to the public use for such pur
poses under such general rules and
Regulations as the Secretary Of the In
ltarior rnou nraacriha. Prouidad Tint