Possession by agent is recognized as the possession of the principal. The clearest proof on the point of agency must, however, be required in every case, and a clearly-defined possession must be established.

The opening and improving of a coal-mine, in order to confer a preference right of purchase, must not be considered as a mere matter of form; the labor expended and improve ments made must be such as to clearly indicate the good faith of the claimant.

These lands are intended to be sold, where there are adverse claimants therefor, to the party who, by substantial improvements, actual possession, and a reasonable industry, shows an intention to continue his development of the mines in preference to those who would purchase for speculative purposes only.

In conflicting claims, where improvement has been made prior to March 3, 1873, if each party make subsequent compliance with the law, the land will be awarded by legal subdivisions, so as to secure to each as far as possible his valuable improvements; there beingno provision in the act allowing a joint entry by parties claiming separate portions of the same legal subdivision.

In conflicts, when improvements, etc., have been commenced subsequent to March 3, 1873, or shall be hereafter commenced, priority of possession and improvement shall govern the award when the law has been fully complied with by each party. A mere possession, however, without satisfactory improvements, will not secure the tract to the first occupant when a subsequent claimant shows his full compliance with the law.

After an entry has been allowed to one party, no investigation will be had concerning it at the instance of any person, except on instructions from the General Land Office. All affidavits will be received concerning such case, and forwarded to the General Land Office, accompanied by a statement of the facts as shown by the records.

Prior to entry, it is competent for the local officers to order an investigation, on sufficient grounds, set forth under oath of a party in interest and substantiated by the affidavits of disin terested and credible witnesses.

Notice of contest, in every case where the same is practicable, must be made by reading it to the party to be cited, and by leaving a copy with him. This notice must proceed from the local office, and be signed by the Register or Receiver. Where such personal service cannot be made by reason of the absence of the party, and because his whereabouts are unknown, a copy may be left at his residence, or, if this is unknown, by posting a copy in a conspicuous place on the tract in controversy, and by publication in a weekly newspaper having the largest general circulation in the vicinity of the land (where no newspaper shall be specified by the General Land Office) for five consecutive insertions, covering a period of four weeks next prior to the trial.

Manner of obtaining title: First by private entry. The party will present the following application to the Register, and will make oath to the same:

I,

hereby apply, under the provisions of the act approved March 3, 1873, entitled "An act to provide for the sale of the lands of the United States containing coal," to purchase quarter of section in township - of range in the district of lands subject to sale at the land office at and containing acres ; and I solemnly swear that no portion of said tract is in the possession of any other party, that I am twenty-one years of age, a citizen of the United States (or have declared my intention to become a citizen of the United States), and have never held nor purchased lands under said act, either as an individual or as a member of an association; and I do further swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto; that there is not to my knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable mineral deposit other than coal. So help me God.

To this affidavit the Register will append the usual jurat.

Thereupon the Register, if the tract is vacant, will so certify to the Receiver, stating the price, and the applicant must then pay the amount of purchase money.

The Receiver will then issue to the purchaser a duplicate receipt, and at the close of th month the Register and Receiver will make returns of the sale to the General Land Office from whence, when the proceedings are found regular, a patent or complete title will be is sued; and on surrender of the duplicate receipt such patent will be delivered, at the option

of the patentee, either by the Commissioner at Washington, or by the Register at the district

land office.

This disposition at private entry will be subject to any valid prior adverse right which may have attached to the same land, and which is protected by Section 2.

Second. When the application to purchase is based on a priority of possession, etc., as provided for in Section 2, the claimant must, when the township plat is on file in the district office, file his declaratory statement for the tract claimed sixty days from and after the first day of his actual possession and improvement. Sixty days, exclusive of the first day of possession, etc., must be allowed.

I,

The declaratory statement must be substantially as follows:

-, being years of age, and a citizen of the United States (or having declared my intention to become a citizen of the United States), and never having, either as an individual or as a member of an association, held or purchased any coal lands under the act approved March 3, 1873, entitled "An act to provide for the sale of the land of the United States containing coal," do hereby declare my intention to purchase, under the provisions of said aet, the quarter of section in township of range - of lands subject to sale at the district land office at -, and that I came into possession of said tract on the day of A. D. 18—, and have ever since remained in actual possession continuously, and have expended in labor and improvements on said mine the sum of dollars, the labor and improvements being as follows: (here describe the nature and character of the improvements;) and I do furthermore solemnly swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable mineral deposit other than coal.

When the township plat is not on file at date of claimant's first possession, the declaratory statement must be filed within sixty days from the filing of such plat in the district office.

One year from and after the expiration of the period allowed for filing the declaratory statement is given within which to make proof and payment, but no party will be allowed to make final proof and payment, except on notice as aforesaid to all others who appear on the records as claimants to the same tracts.

A party who otherwise complies with the law may enter after the expiration of said year provided no valid adverse right shall have intervened. He postpones his entry beyond said year at his own risk, and the Government cannot thereafter protect him against another who complies with the law, and the value of his improvements can have no weight in his favor.

One person can have the benefit of one entry or filing only. He is disqualified by having made such entry or filing alone, or as a member of an association. No entry can be allowed an association which has in it a single person thus disqualified, as the law prohibits the entry or holding of more than one claim either by an individual or an association. No entry is allowed, under this act, of lands containing other valuable minerals. The character of the land will be determined under the present rules relative to agricultural and mineral lands. Those that are sufficiently valuable for other minerals to prevent their entry as agricultural lands cannot be entered under this act.

Assignments of the right to purchase under this act will be recognized when properly executed. Proof and payment must be made, however, within the prescribed period, which dates from the first day of the possession of the assignor who initiated the claim.

The affidavit required from each claimant at the time of actual purchase will be as follows: I, claiming the right of purchase under the act of Congress entitled "An act to provide for the sale of the lands of the United States containing coal," approved March 3, 1873, to the quarter of section in township of range -, subject to sale at do solemnly swear that I have never had the right of purchase under this act, either as an individual or as a member of an association, and that I have never held any other lands under its provisions; I further swear that. I have expended in developing coal mines on said tract in labor and improvements the sum of dollars, the nature of such improvements being as follows:

; that I am now in the actual possession of said mines, and make the entry for my own use and benefit, and not directly or indirectly for the use and benefit of any other party: and I do furthermore swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge, of said land is such as to enable me to testify understandingly with regard thereto; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable mineral deposit other than coal: So help me God.

I,

of the land office at

do hereby certify that the above affidavit was sworn and subA. D., 18-.

scribed to before me this.

day of

In case the purchaser shows by an affidavit that he is not personally acquainted with the character of the land, his duly authorized agent who possesses such knowledge may make the required affidavit as to its character; but whether this affidavit is made by principal or agent, it must be corroborated by the affidavits of two disinterested and credible witnesses having knowledge of its character. Circular of July 31, 1882, may be obtained of the Register.

VIII. Stone and Timber Lands.

Surveyed lands in California, Oregon, Nevada, and in Washington Territory not yet proclaimed and offered at public sale, valuable chiefly for timber and stone, unfit for cultivation, and consequently unfit for disposal under the pre-emption and homestead laws, may be purchased by individuals and by associations at the minimum price of $2.50 per acre.

When a party applies to purchase a tract of this character, the Register and Receiver will require him to make affidavit that he is a citizen of the United States by birth or naturalization, or that he has declared his intention to become a citizen under the naturalization laws. If native born, parol evidence of that fact will be received. If not native born, record evidence of the prescribed qualifications must be furnished. In connection therewith, he will be required to make a sworn statement in duplicate, according to the attached form;

LAND OFFIce at
(Date)

18

I, of county,, desiring to avail myself of the provisions of the act of Congress of June 3. 1878, entitled "An Act for the sale of timber lands in the States of California, Oregon, Nevada, and in Washington Territory," for the purchase of the of section - -, township). of range, do solemnly that; that the said land is unfit for cultivation, and valuable chiefly for its; that it is uninhab ited; that it contains no mining or other improvements; nor, as I verily believe, any valuable deposit of gold, silver, cinnabar, copper, or coal; that I have made no other application under said act; that I do not apply to purchase the land above described on speculation, but in good faith to appropriate it to my own exclusive use and benefit; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which I may acquire from the Government of the "Inited States may inure in whole or in part to the benefit of any person except myself.

If any person taking this oath swears falsely in the premises, he will be subject to all the pains and penalties of perjury, and forfeit the money which he may have paid for the lands, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona-fide purchasers, will be null and void.

Upon the filing of the above statement, the Register of the land office will post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and furnish the applicant a copy of the same for publication, at the expense of the applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of the sixty days, if no adverse claim shall have been filed, the person desiring to purchase must furnish to the Register of the land office satisfactory evidence that the notice of the application prepared by the Register was duly published in a newspaper as required.

This evidence must consist of the affidavit of the publisher or other person having charge of the newspaper in which the notice is published, with a copy of the notice attached thereto, setting forth the nature of his connection with the paper, and that the notice was duly published for the prescribed period. The evidence required with regard to the non-mineral character of the land, and its unoccupied and unimproved condition, must consist of the testimony of at least two disinterested witnesses, to the effect that they know the facts to which they testify from personal inspection of the land and of each of its smallest legal subdivisions, as per form attached:

Ques. 3. Are you acquainted with the land above described by personal inspection of each of its smallest legal subdivisions?

Ans.

Ques. 4. When and in what manner was such inspection made?
Ans.

Ques. 5. Is it occupied; or are there any improvements on it not made for ditch or canal purposes, or which were not made by, or do not belong to, the said applicant?

Ques. 8. Are there any salines, or indications of deposits of gold, silver, cinnabar, copper, or coal on this land? If so, state what they are, and whether the springs or mineral deposits are valuable. Ans.

1

Ques. 9. Is the land more valuable for mineral or any other purposes than for the timber or stone thereon, or
is it chiefly valuable for timber or stone?
Ans.

Ques. 10. From what facts do you conclude that the land is chiefly valuable for timber or stone?
Ans.

Ques. 11. Do you know whether the applicant has directly or indirectly made any agreement or contract, h
any way or manner, with any person whomsoever, by which the title which he may acquire from the Govern-
ment of the United States may inure, in whole or in part, to the benefit of any person except himself?
Ans.

Ques, 12. Are you in any way interested in this application, or in the lands above described, or the timber or stone, salines, mines, or improvements of any description whatever thereon? Ans.

I HEREBY CERTIFY that witness is a person of respectability; that each question and answer in the foregoing testimony was read to before signed -name thereto, and that the same was subscribed and day of -, 18.

sworn to before ine this

This testimony may be taken before the Register or Receiver, or any officer using an official seal and authorized to administer oaths in the land district in which the land lies. Upon such proof being produced, if no adverse claim shall have been filed, the entry applied for may be allowed.

The Receiver will issue his receipt for the purchase money in the usual form.

The Register and Receiver are entitled to a fee of five dollars each for allowing an entry under said act, and jointly at the rate of twenty-two cents and a half per hundred words 'for testimony reduced by them to writing for claimants.

If, at the expiration of the sixty days notice, an adverse claim should be found to exis calling for an investigation, the Register and Receiver will allow the parties a hearing according to the rules of practice.

In case of an association of persons making application for such an entry, each of the persons must prove the requisite qualifications, and their names must appear in and be subscribed to the sworn statement, as in case of an individual person. They must also unite in the regular application for entry, which will be made in their joint names as in other cases of joint cash entry.

IX. Saline Lands.

Lands that are saline in character within the public land States, except the States of Mississippi, Louisiana, Florida, California, and Nevada, none of which have had a grant of saline by act of Congress, and exclusive also of the Territories, are subject to sale at auction or private entry.

Should prima facie evidence that certain tracts are saline in character be filed with the Register and Receiver of the proper land district, they will designate a time for a hearing at their office, and give notice to all parties in interest in order that they may have ample oppor tunity to be present with their witnesses.

At the hearing the witnesses will be thoroughly examined with regard to the true character of the land, and whether the same contains any known mines of gold, silver, cinnabar, lead. in, copper, or other valuable mineral deposits or any deposits of coal.

The witnesses shall also be examined in regard to the extent of the saline deposits upon the given tracts, and whether the same are claimed by any person; if so, the names of the claimants, and the extent of their improvements, must be shown.

The testimony should also show the agricultural capacities of the land, what kind of crops, if any, have been raised thereon, and the value thereof. The testimony should be as full and complete as possible, and, in addition to the leading points indicated above, everything of importance bearing upon the question of the character of the land should be elicited at the hearing.

Should the tracts be adjudged saline lands, the Register and Receiver will be instructed to offer the same for sale, after public notice, at the local land office of the district in which the same shall be situated, and to sell said tract or tracts to the highest bidder for cash, at a price cf not less than $1.25 per acre.

In case said lands fail to sell when so offered, the same will be subject to private sale at ach land office for cash, at a price of not less than $1.25 per acre, in the same manner as other public lands are sold, and already indicated on preceding pages.

X. Desert Lands.

Any party who wishes to make entry of desert lands can do so only in the States of Caliifornia, Oregon, and Nevada, and the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, and must file with the officers of the land office for the district wherein the land is situated, the following

No.-.

DECLARATION.

LAND OFFICE AT
(Date)

18-.

of- county,

I, of -, being duly sworn, depose and declare, that I am a citizen of the United States, of the age of and a resident of said county and, and by occupation a; that I intend to reclaim a tract of desert land, not exceeding one section, by conducting water upon the same, within three years from date, under the provisions of the act of Congress approved March 3, 1877, entitled "An Act to provide for the sale of desert lands in certain States and Territories.' The desert land which I intend to reclaim does not exceed one section, and is situated in — county, in the land district, and is described as follows, to wit: the of section No., township No. -, range No. —, containing -acres. I further depose, that I have made no other declaration for desert lands under the provisions of said act; that the land above described will not, without irrigation, produce an agricultural crop; that there is no timber growing upon said land; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not within the limits of said land, to my knowledge, any placer, cement, gravel, or other valuable mineral deposit or salines; that no portion of said land is claimed for mining purposes, under the local customs or rules of miners or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said iand is essentially non-mineral land; that I became acquainted with said land by; and that my declaration therefor is not made for the purpose of fraudently obtaining title to mineral land, timber land, or agricultural land, but for the purpose of faithfully reclaiming, within three years from the date hereof, by conducting water thereon, a tract of land which is desert land within the meaning of the act.

LAND OFFICE AT
(Date)

I hereby certify that the foregoing declaration was this day sworn to and subscribed before me.

Register.
Receiver.

This declaration may be executed before the clerk of any court of record having a seal. If the applicant is not a citizen, but has declared his intention to become such, a duly certified copy of his declaration of intention to become a citizen must be presented and filed.

The declaration must also contain a description of the land applied for, by legal subdi. visions if surveyed, or, if unsurveyed, as nearly as possible without a survey, by giving, with as much clearness and precision as possible, the locality of the tract with reference to known and conspicuous landmarks or the established lines of survey, so as to admit of its being thereafter readily identified when the lines of survey come to be extended.

As preliminary to the filing of such declaration, it must be satisfactorily shown that the land therein described is desert land as defined in the second section of the act. To this end, the testimony of at least two disinterested and credible witnesses is required, whose testimony will be reduced to writing in the usual manner; or the evidence may be furnished in the form of affidavits executed before the clerk of any court of record having a seal, the credibility of the witnesses to be certified by said clerk. The witnesses must clearly state their acquaintance with the premises, and the facts as to the condition and situation of the land upon which they base their judgment. A form of affidavit, to be sworn to and subscribed hv each witness, is as follows: