1879 (6 id. 113); March 4, 1880 (7 id. 39); May 31, 1880 (7 id. 39). De- SEC. 280. No land acquired under the provisions of this Land not liable law shall, in any event, become liable to the satisfaction of for prior debts. any debt or debts contracted prior to the issuing of the final certificate therefor. 20 Stat. 113, 114, 115. Cir. G. L. O., June 27, 1878 (5 Copp's L. O. 77). General Cir. G.L.O., Sept. 1, 1879, p.25. Commissioner to make regula SEC. 281. The Commissioner of the General Land Office is required to prepare and issue such rules and regulations, toons. consistent with this law, as shall be necessary and proper to carry its provisions into effect; and the registers and re- Fees of regis ceivers of the several land offices shall each be entitled to re- ters and receiv ceive two dollars at the time of entry, and the like sum when the claim is finally established and the final certificate issued. 20 Stat. 113, 114, 115. SEC. 282. The fifth section of the act entitled "An act in addition to an act to punish crimes against the United States, and for other purposes", approved March third, eighteen hundred and fifty-seven, shall extend to all oaths, affirmations, and affidavits required or authorized by this act. ers. False oath constitutes perjury. former laws, how perfected. 11 Stat. 250; 20 id. 113, 114, 115; R. S. 5392. Cir. G. L. O., June 27, 1878 (5 Copp's L. O. 77). General Cir. G.L.O., Sept. 1, 1879, p. 26. SEC. 283. Parties who have already made entries under Entries under the acts approved March third, eighteen hundred and seventy-three, and March thirteenth, eighteen hundred and seventy-four, shall be permitted to complete the same upon full compliance with the provisions of this chapter; that is, they shall, at the time of making their final proof, have had under cultivation, as required by this chapter, an amount of timber sufficient to make the number of acres required by this chapter; and all laws and parts of laws in conflict with the provisions of this chapter are hereby repealed. 17 Stat. 605; 18 id. 21; 20 id. 113, 114, 115. Decision Sec. Int., March 17, 1879 (6 Copp's L. O. 21.) Decisions Com. G. L. O., Feb. 14, 1879 (6 Copp's L. O. 22); April 1, 1879 (6 id. 126). Cir. G. L. O., June 27, 1878 (5 Copp's L. O. 77). General Cir. G. L. O., Sept. 1, 1879, p. 24. SEC. 284. The notices of contest provided by law under Publication of the tree culture laws shall be printed in some newspaper notices of contest. printed in the county where the land in contest lies; and if no newspaper be printed in such county, then in the news paper printed in the county nearest to such land. 20 Stat. 91. Cir. G. L. O., June 12, 1878 (5 Copp's L. O. 101). SEC. 285. When any timber-culture claimant shall file a Lands relinwritten relinquishment of his claim in the local land office, ber-culture claimquished by timthe land covered by such claim shall be held as open to settle- ants subject to entry at once. Contestant of timber-culture of cancellation to make entry. ment and entry without further action on the part of the Commissioner of the General Land Office. Act of May 14, 1880. Decisions Com. G. L. O., Nov. 5, 1875 (2 Copp's L. O. 133); July 18, 1877; Aug. 18, 1877 (4 id. 85); Nov. 1, 1878 (5 id. 147); March 3, 1880. SEC. 286. In all cases where any person has contested, entry allowed 30 paid the land office fees, and procured the cancellation of days after notice any timber-culture entry, he shall be notified by the register of the land office of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands; and the register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported. Act of May 14, 1880. Decisions Sec. Int., March 29, 1877 (3 Copp's L. O. 21); May 28, 1877 (3 id. 54). NOTE.-The following acts authorizing settlers upon the public lands under the pre-emption, homestead, and timber-culture laws, whose crops were destroyed by grasshoppers, to absent themselves temporarily from their lands, and extending the time for making final proof, have been passed from time to time by Congress, viz: 18 Stat. 81; 19 id. 54, 55, 59, 405; 20 id. 88, 169; act of June 4, 1880. Sec. CHAPTER TEN. TOWN SITES AND COUNTY SEATS. 287. Town sites to be reserved. 288. Reservations to be surveyed into lots. 289. Town or city sites on public lands. 290. When towns established upon unsurveyed lands, extension limits, how adjusted. 291. When transcript maps of town are not filed in twelve months, proceedings by Secretary of Interior. 202. Where size of lots or town plat vary from general rule. 293. Title to lots subject to mineral rights. 294. Entry of town authorities in trust for occupants. 295. Entry under preceding section, when to be made. 296. Entry in proportion to number of inhabitants. 297. Authorities of Salt Lake City, rights of, as to entry. Sec. 298. Additional entry allowed where town has entered less than maximum. 299. Not more than 2,560 acres to be reserved for town site. 300. Certain entries within town sites confirmed. 301. Where town site exceeds maximum, authorities to select lands to be retained, or Commissioner may take testimony and restrict limits. Copies of acts incorporating towns, how furnished. 302. Certain acts of trustees to be void. 303. Pre-emptions by counties for seats of justice. 304. No title acquired to gold mines, &c., or to mining claim, &c. 305. Military or other reservations, &c. 306. Inhabitants of towns on public lands, right of, to enter. SEC. 287. The President is authorized to reserve from the Town sites to public lands, whether surveyed or unsurveyed, town sites be reserved. on the shores of harbors, at the junction of rivers, important portages, or any natural or prospective centers of popula tion. 12 Stat. 754; 19 id. 392; R. S. 2380. be surveyed into SEC. 288. When, in the opinion of the President, the pub-, Reservations to lic interests require it, it shall be the duty of the Secretary lots. of the Interior to cause any of such reservations, or part thereof, to be surveyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested perSons their cash value, and to offer the same for sale at public outery to the highest bidder, and thence afterward to be held subject to sale at private entry, according to such regulations as the Secretary of the Interior may prescribe; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof; and all such sales shall be conducted by the register and receiver of the land office in the district in which the reservations may be situated, in accordance with the instructions of the Commissioner of the General Land Office. 12 Stat. 754; R. S. 2381. Decision Sec. Int., Aug. 28, 1880 (8 Wash. Law Rep. 574). sites on public SEC. 289. In any case in which parties have already Town or city founded, or may hereafter desire to found, a city or town on lands. the public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and When towns es limits, how adjusted. forty acres, describing its exterior 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 municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and general character of the improvements; such map and statement to be verified under oath by the party acting for and in behalf of the persons proposing to establish such city or town; and within one month after such filing there shall be transmitted to the General Land Office a verified transcript of such map and statement, accompanied by the testimony of two witnesses that such city or town has been established in good faith, and when the premises 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 it may be lawful for the President to cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of 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 such minimum, or at such reasonable increase or diminution there. after as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substantial improvements shall be entitled to prove up and purchase the same as a pre-emption, at such minimum, at any time before the day fixed for the public sale. 13 Stat. 343; R. S. 2382. Towsley v. Johnson, 1 Neb. 95; Nevada v. Rhodes, 4 Nev. 312; Robinson v. Imperial Silver, &c., 5 id. 44; Bell. The Bed Rock Tunnel Mining Co., 36 Cal. 214. Decision Com. G. L. O., April 4, 1868 (Zab. L. L. 196). Cir. G. L. O., Aug. 20, 1864 (Zab. L. L. 179; Copp's L. L. 661); Oct. 20, 1865 (Copp's L. L. 678). SEC. 290. When such cities or towns are established upon tablished upon unsurveyed lands, it may be lawful, after the extension lands, extension thereto of the public surveys, to adjust the extension limits of the premises according to those lines, where it can be done without interference with rights which may be vested by sale; and patents for all lots so disposed of at public or private sale shall issue as in ordinary cases. When transcript 13 Stat. 344; R. S. 2383. SEC. 291. If within twelve months from the establishment maps of town are of a city or town on the public domain, the parties internot filed in twelve months, proceed- ested refuse or fail to file in the General Land Office a tranings by Secretary of the Interior. Script map, with the statement and testimony called for by the provisions of section two hundred and eighty-nine, it may be lawful for the Secretary of the Interior to cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this exception, that they shall each be at an increase of fifty per centum on the minimum of ten dollars per lot. 13 Stat. 344; R. S. 2384. SEC. 292. In the case of any city or town, in which the lots may be variant as to size from the limitation fixed in section two hundred and eighty-nine, and in which the lots and buildings, as municipal improvements, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish. Where size of lots or town plat vary from general rule. rights. 13 Stat. 530; R. S. 2335. Cir. G. L. O., April 26, 1865 (Zab. L. L. 1-1; Copp's L. L. 664); Oct. 20, 1865 (Copp's L. L. 678). SEC. 293. Where mineral veins are possessed, which pos- Title to lots subsession is recognized by local authority, and to the extent ject to mineral so possessed and recognized, the title to town lots to be acquired shall be subject to such recognized possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United States. 13 Stat. 530; R. S. 2386. Decision Sec. Int., March 4, 1879 (6 Copp's L. O. 3). Decisions Com. G. L. O., June 16, 1874 (Copp's L. L. 698); Dec. 3, 1875 (2 Copp's L O. 150); Oct. 27, 1876 (3 id. 114); Nov. 23, 1876 (3 id. 131); April 9, 1877 (4 id. 46). in occu SEC. 294. Whenever any portion of the public lands have Entry of town been or may be settled upon and occupied as a town site, authorit not subject to entry under the agricultural pre-emption laws, pants. it is lawful, in case such town be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such town is situated, to enter at the proper land office, and at the minimum price, the land so settled and occupied in trust for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated. 14 Stat. 541; 18 id. 254; R. S. 2387. Dredge v. Forsyth, 2 Black, 563; Hussey v. Smith, 9 Otto, 20; Stringfellow v. Cain, 9 id. 610; Cannon v. Pratt, 9 id. 619. Root v. Shields, 1 Woolw. C. C. 340; Chopman v. School Dist. 1, 1 Deady, C. C. 108. Cush v. Spalding, 6 Mich. 193; Clark v. Roy, 20 Wis. 478; Perry r. Superior City, 26 id. 66; Leech v. Ranch, 3 Minn. 448; Castner v. Gunther, 6 id. 63; Weisberger v. Tenney, 8 id. 456; Cathcart v. Kortum, 11 id. 45; City of Winona v. Huff, 11 id. 119; Carson v. Smith, 12 id. 546; Coy v. Coy, 15 id. 119; Mankato v. Meagher, 17 id. 265; Tecumseh Townsite Lease, 3 Neb. 267; Burbank v. Ellis, 7 id. 156; Winfield Town Co. v. Morris, 11 Kansas, 128; Independent Town Co. v. De Long, 11 id. 152; Sherry v. Sampson, 11 id. 611; McTaggart v. Harrison, 12 id. 62; Setter v. Avery, 15 id. 157; Allen r. Houston, 21 id. 194; Treadway v. Wilder, 8 Nev. 91; Lecker v. |