Year: 1865

PUBLIC--No. III


AN ACT for the disposal Of coal lands and o
| town property in the public domain


Be it enacted by the Senate and House o
Representatives of the United States of Amer.
lea in Congress assembled, That where any
tracts embracing coal beds or coal fields, con.


stituting portions of the public domain, and
which, as - mines, are excluded from the
pre-emption act of eighteen hundred and for.
ty-one, and which under past legislation are


not liable to ordinary private entry, it shal


and may be lawful for the President to cause
such tracts, i'm suitable legal subdivisions. tc


he offered at public sale to the highest bidder
after public notice of not less than three


months, at minimum price Of twenty dol


lars per acre and any lands not thus disposed
of shall thereafter be liable TO private entry at
/ said minimum.


Sec. 2. And be Il further enacted, That in
any case in which parties have already foun-
ded, or may hereafter desire to found a city
or town on the public lands, il shall and may
he lawful for them to cause to be filed with
the recorder for the county in which the same
is situated. plat thereof, for not exceeding
six hundred and forty acres. describing its ex-
terror boundaries according to the lines of the
public surveys where such surveys have been
executed also giving the name of such city
or town, and exhibiting the streets. squares.
blocks, lots, and alleys. the size of the same.
with measurements and area of each munich
pal subdivision, the lots in which shall each
not exceed four thousand two hundred square
feet, with statement of the extent and gen.
eral character of the improvements the said
map and statement to be verified under oath
by the party acting for and in behalf of the
persons proposing to establish such city OF
town and within one month after such filing
there shall be transmitted to the General Land
Office verified transcript of such map and
statement, accompanied by the testimony oi
two witnesses that such city or town has been
established in good faith, and when the premi.
ses are within the limits of an organized land
district. a similar map and statement shall be
filed with the register and receiver, and at any
time after the filing of such map. statement
and testimony in the General Land Office. il
shall and may be lawful for the President to
cause the lots embraced within the limits O
such city or town to be offered at public sale
to the highest bidder. subject To "a minimum
"f ten dollars for each lot and such lots as
may not be disposed of at public sale, shall
thereafter be liable to private entry at said
minimum, or at such reasonable increase oi
diminution thereafter us the Secretary of the
Interior may order from time to time. after al
least three months notice, in view of the in,
crease or decrease in the value of the munci.
pal property Prorided, That any actual set
tier upon any one lot, as aforesaid, and upOn
any additional lot in which he may have sub.
stantial improvements, shall be entitled Ia
prove up and purchase the same as a preemp.
ton. at said minimum, at any time before the
day fixed for the public sale.


Sec. 3. lind be II further enacted That when
such cities or towns are established upon un-
surveyed lands. it shall and may be lawful, af-
ter the extension thereto of the public surveys,
to adjust the extension limits of the premises
according to those lines. where it can he done
without interference with rights which may
he vested hy sale; and patents for all lots So
disposed Of at public or private sale shall is
sue as in ordinary cases.


Sec. l. ind be IL further saGciel. That If
within twelve months from the establishment
of city or town, as aforesaid. sin the public
domain. the parties interested shall refuse or
fail 10 file in the General Land Office transcript
map with the statement and testimony called
for hy the provisions of the second section of
this act il shall and may be lawful for the
Secretary Of the Interior To Icause n survey and
plat to be made of such city or town, and
thereafter the lots in the same shall be disp0s-
ed of as required by said provisions, with this
exception that they shall each be at an in =
crease ot fifty per Centum on the aforesaid
minimum Of ten dollars per lot


SSC. -. ana "e u JWtAer Shdctfd. That Ell
feet shall be given to the foregoing act. accord
ing To such regulations as may be prescribed
by the Secretary of the Interior The act en-.
titled " An act for the relief Of the citizens OF
towns upon the lands of the United State.


under certain circumstances" approved Nav
twenty three. ammo Domini eighteen hundred
and forty -four, and ali other acts and parts oi
acts inconsistent with this act. be and the
same are hereby repealed


Approved. July l, 1864.