Chapin, 12 id. 65; Hussey v. Smith, 1 Utah, 129; Pratt v. Young, 1 id. 347; Edwards v. Tracey, 2 Montana, 49; Hall v. Ashby, 2 id. 489; Cofield v. McClellan, 1 Colo. 370; Clayton v. Spencer, 2 id. 378; Georgetown v. Glaze, 3 id. 230; Tucker v. McCoy, 3 id. 284; Adams v. Brinkley, 4 id. 247; Doll v. Meador, 16 Cal. 296; Ricks v. Reed, 19 id. 551. Decisions Sec. Int., June 30, 1858 (1 Lester's L. L. 435); July 9, 1858 (1 id. 435); Sept. 8, 1859 (1 id. 443); April 28, 1874 (1 Copp's L. O. 42); June 8, 1875 (2 id. 85); June 5, 1876; (3 id. 50); July 26, 1876 (3 id. 86); April 17, 1877 (4 id. 45); April 30, 1878; April 17, 1879. Decisions Com. G. L. O., Oct. 18, 1858 (1 Lester's L. L. 437); June 29, 1874 (1 Copp's L. O. 68); July 13, 1874 (1 id. 68). Cir. G. L. O., Sept. 21, 1868 (Copp's L. L. 678). Entry under SEC. 295. The entry of the land provided for in the prepreceding section, when to be ceding section shall be made, or a declaratory statement of the purpose of the inhabitants to enter it as a town site shall be filed with the register of the proper land office, prior to the commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement shall include only such land as is actually occupied by the town, and the title to which is in the United States; but in any Tefritory in which a land office may not have been established, such declaratory statements may be filed with the surveyor-general of the surveying district in which the lands are situated; who shall transmit the same to the General Land Office. made. ants. 14 Stat. 541; 18 id. 254; R. S. 2388. Stark v. Starrs, 6 Wall. 402. Decisions Sec. Int., Aug. 18, 1856 (1 Lester's L. L. 431); June 26, 1858 (1 id. 432); June 30, 1858 (1 id. 435); July 9, 1858 (1 id. 435); Nov. 5, 1858 (1 id. 441); Nov. 5, 1858 (1 id. 442); April 13, 1859 (1 id. 442); Sept. 27, 1872 (Copp's L. L. 373). Decisions Com. G. L. O., Dec. 7, 1872 (1 Copp's L. O. 6); March 21, 1874 (1 id. 7); Oct. 11, 1877 (4 id. 132); Aug. 23, 1878. Cir. G. L. O., Sept. 21, 1868 (Copp's L. L. 678). Entry in pro- SEC. 296. If upon surveyed lands, the entry shall in its portion to num ber of inhabit exterior limit be made in conformity to the legal subdivisions of the public lands authorized by law; and where the inhabitants are in number one hundred, and less than two hundred, shall embrace not exceeding three hundred and twenty acres; and in cases where the inhabitants of such town are more than two hundred, and less than one thousand, shall embrace not exceeding six hundred and forty acres; and where the number of inhabitants is one thousand and over one thousand, shall embrace not exceed ing twelve hundred and eighty acres; but for each additional one thousand inhabitants, not exceeding five thou sand in all, a further grant of three hundred and twenty acres shall be allowed. Authorities of rights of, as to entry. 14 Stat. 541; 18 id. 254; 19 id. 392; R. S. 2389. Decisions Sec. Int., July 8, 1871 (Copp's L. L. 683); July 28, 1871 (id. 685); Ang, 9, 1871 (id. 686); June 5, 1876 (3 Copp's L. O. 50); March 19, 1879 (6 id. 136). Decision Com. G. L. O., June 29, 1874 (1 Copp's L. 0. 68). Cir. G. L. O., Sept. 21, 1868 (Copp's L. L. 678). SEC. 297. The words "not exceeding five thousand in all,” Salt Lake City in the preceding section, shall not apply to Salt Lake City, in the Territory of Utah; but such section shall be so construed in its application to that city that lands may be entered for the full number of inhabitants contained therein, not exceeding fifteen thousand; and as that city covers school-section number thirty-six, in township number one north, of range number one west, the same may be embraced in such entry, and indemnity shall be given therefor when a grant is made by Congress of sections sixteen and thirty-six, in the Territory of Utah, for school purposes. 16 Stat. 183; 18 id. 254; R. S. 2390. maximum. SEC. 298. It shall be lawful for any town which has made, Additional entry allowed or may hereafter make entry of less than the maximum where town has quantity of land named in section two hundred and ninety- entered less than six, to make such additional entry, or entries, of contiguous tracts, which may be occupied for town purposes as when added to the entry or entries there[to]fore made will not exceed twenty-five hundred and sixty acres: Provided, That such additional entry shall not together with all prior entries be in excess of the area to which the town may be entitled at date of the additional entry by virtue of its population as prescribed in said section. 19 Stat. 392, 393. reserved for town SEC. 299. The existence or incorporation of any town Not more than upon the public lands of the United States shall not be held 2,560 acres to be to exclude from pre-emption or homestead entry a greater site. quantity than twenty-five hundred and sixty acres of land, or the maximum area which may be entered as a town site under existing laws, unless the entire tract claimed or incorporated as such town site shall, including and in excess of the area above specified, be actually settled upon, inhab ited, improved, and used for business and municipal pur poses. 19 Stat. 392. Decisions Sec. Int., Oct. 1, 1879 (6 Copp's L. O. 109); Oct. 8, 1879 (6 id. 110). Certain entries within town sites SEC. 300. Where entries have been heretofore allowed upon lands afterward ascertained to have been embraced confirmed. in the corporate limits of any town, but which entries are or shall be shown, to the satisfaction of the Commissioner of the General Land Office, to 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 be carried into patent: Provided, That this Proviso. confirmation shall not operate to restrict the entry of any town site to a smaller area than the maximum quantity of land which, by reason of present population, it may be entitled to enter under section two hundred and ninety-six. 19 Stat. 392. Decisions Sec. Int., Oct. 1, 1879 (6 Copp's L. O. 109) Oct. 8, 1879 (6 id. 110). imum,authorities be retained, or mony and restrict SEC. 301. Whenever the corporate limits of any town upon Where town the public domain are shown or alleged to include lands in site exceeds max excess of the maximum area specified in section two hundred to select lands to and ninety-nine, the Commissioner of the General Land Of- Commissioner fice may require the authorities of such town, and it shall may take testibe lawful for them, to elect what portion of said lands, in limits. compact form and embracing the actual site of the municipal Occupation and improvement, shall be withheld from preemption and homestead entry; and thereafter the residue of such lands shall be open to disposal under the homestead Copies of acts incorporating towns, how fur. nished. Certain acts of trustees to be void. Pre-emptions by counties for and pre-emption laws. Upon default of said town authori ties to make such selection within sixty days after notifica tion by the Commissioner, he may direct testimony respect ing the actual location and extent of said improvements, to be taken by the register and receiver of the district in which such town may be situated; and, upon receipt of the same he may determine and set off the proper site according to section two hundred and ninety-nine, and declare the remain ing lands open to settlement and entry under the homestead and pre-emption laws; and it shall be the duty of the secretary of each of the Territories of the United States to furnish the surveyor-general of the Territory for the use of the United States a copy duly certified of every act of the legislature of the Territory incorporating any city or town, the same to be forwarded by such secretary to the surveyor-general with in one month from date of its approval. 19 Stat. 392. Decisions Sec. Int., Oct. 1, 1879 (6 Copp's L. O. 109) Oct. 8, 1879 (6 id. 110). SEC. 302. Any act of the trustees not made in conformity to the regulations alluded to in section two hundred and ninety-four shall be void. 14 Stat. 541; 18 id. 254; R. S. 2391. Cathcart . Kortum, 11 Minn 45; Setter ". Avery, 15 Kansas, 157; Treadway v. Wilder, 8 Nev. 91; Treadway v. Wilder, 9 id. 67; Edwards v. Tracy, 2 Montana, 49; Hall v. Ashby, 2 id. 489. SEC. 303. There shall be granted to the several counties seats of justice. or parishes of each State and Territory, where there are public lands, at the minimum price for which public lands of the United States are sold, the right of pre-emption to one quarter-section of land, in each of the counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein; but the proceeds of the sale of each of such quarter-sections shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located. No title acquired to gold 4 Stat. 50; R. S. 2286. Whitelaw v. Reese, 4 Oreg. 335. SEC. 304. No title shall be acquired, under the foregoing mines, &c., or to provisions of this chapter, to any mine of gold, silver, cinna mining claim, &c. bar, or copper; or to any valid mining claim or possession held under existing laws. Military or other reservations, &c. 14 Stat. 541; 15 id. 67; 18 id. 254; R. S. 2392. Decision Sec. Int. March 4, 1879 (6 Copp's L. O. 3). Decisions Com. G. L. O., April 21, 1874 (1 Copp's L. O. 19); June 16, 1874 (Copp's L. L. 698); Dec. 23, 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). SEC. 305. The provisions of this chapter shall not apply to military or other reservations heretofore made by the United States, nor to reservations for light-houses, customhouses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land Office by title derived from the Crown of Spain, or otherwise. 14 Stat. 541; 19 id. 264; R. S. 2393. enter. SEC. 306. The inhabitants of any town located on the pub- Inhabitants of towns on public fic lands may avail themselves, if the town authorities choose lands, right of, to to do so, of the provisions of sections two hundred and ninetyfour, two hundred and ninety-five, and two hundred and ninety-six; and, in addition to the minimum price of the lands embracing any town site so entered, there shall be paid by the parties availing themselves of such provisions all costs of surveying and platting any such town site, and expenses incident thereto incurred by the United States, before any patent issues therefor; but nothing contained in the sections herein cited shall prevent the issuance of patents to persons who have made or may hereafter make entries, and elect to proceed under other laws relative to town sites in this chapter set forth. 15 Stat. 67; 18 id. 254; R. S. 2394. 8LO Sec. CHAPTER ELEVEN. BOUNTY-LAND WARRANTS AND SCRIP. 307. Bounty lands for soldiers in certain wars. 308. Certain classes of persons in the Mexican war, their widows, &c., entitled to forty acres. 309. Militia and volunteers in service since 1812. 310. Persons not entitled under preceding sections. 311. Period of captivity added to actual 312. Warrant and patent to issue, when. 317. Widows and children of persons en- 318. Subsequent marriage of widow. 319. Minors under section 317. 320. Proof of service. 321. Former evidence of right to bounty 342. Issuance and location of judicial scrip land to be received in certain cases. 322. Allowance of time of service for distance from home to place of muster or discharge. 323. Indians included. 324. Former evidence of right to a pension 328. New warrant issued in lieu of lost warrant. 329. Regulations of Secretary of Interior. 330. Death of claimant after establishing right, and before issuing of warant. 331. When proofs may be filed by legal representatives. Bounty lands in lieu of confirmed private land 343. Patent to issue on scrip locations. 348. Chippewa half-breed scrip, Lake Su- 349. Certain lands located in good faith by claims arising under treaty of Sept. 30, 1854, may be purchased, &c. SEC. 307. Each of the surviving, or the widow or minor for soldiers in cer- children of deceased commissioned and non-commissioned tain wars. officers, musicians, or privates, whether of regulars, volunteers, rangers, or militia, who performed military service in any regiment, company, or detachment, in the service of the United States, in the war with Great Britain, declared ou the eighteenth day of June, eighteen hundred and twelve, or in any of the Indian wars since seventeen hundred and ninety, and prior to the third of March, eighteen hundred and fifty, and each of the commissioned officers who was |