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township, one section; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters, of a township, three-quarters of a section; for a fractional township, containing a greater quantity of land than one-quarter, and not more than one-half, of a township, one-half section; and for a fractional township, containing a greater quantity of land than one entire section, and not more than one-quarter of a township, one quarter-section of land.
4 Stat. 179; 11 id. 385; 18 id. 202; R. S. 2276. Decision Sec. Int., Dec. 2, 1876 (3 Copp's L. O. 172). Cir. G. L. O., May 17, 1844 (1 Lester's L. L. 492); Aug. 21, 1862 (Copp's L. L. 437); Jan. 5, 1872 (id. 483).
of land to States.
SEC. 378. Where lands have been or may hereafter be Fee-simple to granted by any law of Congress to any one of the several pass in all grants States and Territories, and where such law does not convey and Territories. the fee-simple title of the lands, or require patents to be issued therefor, the list of such lands which have been or may hereafter be certified by the Commissioner of the General Land Office, under the seal of his office, either as originals or copies of the originals or records shall be regarded as conveying the fee-simple of all the lands embraced in such lists that are of the character contemplated by such act of Congress, and intended to be granted thereby; but where lands embraced in such lists are not of the character embraced by such acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are concerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby.
10 Stat. 346; 18 id. 475; R. S. 2449. Shepley v. Cowan, 52, Mo. 559. Decisions Sec. Int. (5 Copp's L. O. 158); Jan. 28, 1880 (6 id. 193).
to be paid 10 per cent. on net pro
ceeds of sales of public lands
SEC. 379. From and after the thirty-first day of December, in the year of our Lord one thousand eight hundred and fortyone, there shall be allowed and paid to each of the States of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, Lou- therein, &c. isiana, Arkansas, and Michigan, over and above what each of the said States is entitled to by the terms of the compacts entered into between them and the United States, upon their admission into the Union, the sum of ten per centum upon the net proceeds of the sales of the public lands, which, subsequent to the day aforesaid, shall be made within the limits of each of said States respectively: Provided, That Proviso. the sum so allowed to the said States, respectively, shall be in no wise affected or diminished on account of any sums which have been heretofore, or shall be hereafter, applied to the construction or continuance of the Cumberland road, but that the disbursements for the said road shall remain, as heretofore, chargeable on the two per centum fund provided for by compacts with several of the said States.
5 Stat. 453. Decision Com. G. L. O., June 23, 1842. Decision First Compt. of Treas., Oct. 10, 1842.
SEC. 380. After deducting the said ten per centum, and After deducting what, by the compacts aforesaid, has heretofore been allowed said 10 per cent., to the States aforesaid, the residue of the net proceeds, divided among
&c., residue to be
the States, &c., which net proceeds shall be ascertained by deducting from of the Union; the gross proceeds all the expenditures of the year for the following objects: Salaries and expenses on account of the General Land Office; expenses for surveying public lands; salaries and expenses in the surveyor-general's offices; salaries, commissions, and allowances to the registers and receivers; the five per centum to new States, of all the public lands of the United States, wherever situated, which shall be sold subsequent to the said thirty-first day of December, shall be divided among the twenty-six States of the Union To be applied and the District of Columbia, and the Territories of Wisconas the legisla tures may direct. Sin, Iowa, and Florida, according to their respective federal representative population as ascertained by the last census, to be applied by the legislatures of the said States to such purposes as the said legislatures may direct: Provided, That the distributive share to which the District of Columbia shall be entitled, shall be applied to free schools, or education in some other form, as Congress may direct: And provided, also, That nothing herein contained shall be construed to the prejudice of future applications for a reduction of the price of the public lands, or to the prejudice of applications for a transfer of the public lands, on reasonable terms, to the States within which they lie, or to make such future disposition of the public lands, or any part thereof, as Congress may deem expedient.
yearly, to whom.
5 Stat. 453. Decision Com. G. L. O., June 23, 1842. Decision First Compt. of Treas., Oct. 10, 1842.
Net proceeds of SEC. 381. The several sums of money received in the sales of public lands, payable at Treasury as the net proceeds of the sales of the public lands the Treasury half shall be paid at the Treasury half-yearly on the first day of January and July in each year, during the operation of this act, to such person or persons as the respective legislatures of the said States and Territories, or the governors thereof, in case the legislatures shall have made no such appointment, shall authorize and direct to receive the same.
Money due and payable by this act to be first ap
of debts due United States.
5 Stat. 454.
SEC. 382. Any sum of money, which at any time may become due, and payable to any State of the Union, or to plied to payments the District of Columbia, by virtue of this act, as the portion of the said State or District, of the proceeds of the sales of the public lands, shall be first applied to the payment of any debt, due, and payable from the said State or District, to the United States: Provided, That this shall not be construed to extend to the sums deposited with the States under the act of Congress of twenty-third June, eighteen hundred and thirty-six, entitled "An act to regulate the deposits of the public money," nor to any sums apparently due to the United States as balances of debts growing out of the transactions of the revolutionary war.
Length of con
5 Stat. 454.
SEC. 383. This act shall continue and be in force until tinuation of this otherwise provided by law, unless the United States shall become involved in war with any foreign power, in which event, from the commencement of hostilities, the four preceding sections of this act shall be suspended during the
continuance of such war: Provided, nevertheless, That if, Proviso.
5 Stat. 454.
SEC. 384. There shall be annually appropriated for com- Not less than pleting the surveys of said lands, a sum not less than one $150,000 to be appropriated annuhundred and fifty thousand dollars; and the minimum ally for surveys. price at which the public lands are now sold at private sale shall not be increased, unless Congress shall think proper to grant alternate sections along the line of any canal or other internal improvement, and at the same time to increase the minimum price of the sections reserved; and in case the same shall be increased by law, except as aforesaid, at any time during the operation of this act, then so much of this act as provides that the net proceeds of the sales of the public lands shall be distributed among the several States, shall, from and after the increase of the minimum price thereof, cease and become utterly null and of no effect, anything in this act to the contrary notwithstanding: Provided, Proviso. That if, at any time during the existence of this act, there shall be an imposition of duties on imports inconsistent with the provisions of the act of March second, one thousand eight hundred and thirty-three, entitled "An act to modify the act of the fourteenth of July, one thousand eight hundred and thirty-two, and all other acts imposing duties on imports," and beyond the rate of duty fixed by that act, to wit: twenty per cent. on the value of such imports, or any of them, then the distribution provided in this act shall be suspended and shall so continue until this cause of its suspension shall be removed, and when removed, if not prevented by other provisions of this act, such distribution shall be resumed.
5 Stat. 454.
State stocks held
cipal or interest.
SEC. 385. Whenever any State shall have been or may Amount due on be in default for the payment of interest or principal on by United States investments in its stocks or bonds, held by the United in trust, to be States in trust, it shall be the duty of the Secretary of the States in case of Treasury to retain the whole, or so much thereof as may be default of prinnecessary, of the percentage to which such State may be entitled, of the proceeds of the sales of the public lands within its limits, and apply the same to the payment of said interest or principal, or to the reimbursement of any sums of money expended by the United States for that purpose.
5 Stat. 801.
NOTE.-For all special laws granting lands or the net proceeds thereof to the several States for any purpose, see "Local and Temporary Laws," under the caption of each State.
386. Mineral lands reserved.
387. Mineral lands open to purchase by citizens.
388. Length of mining claims upon veins or lodes.
389. Proof of citizenship.
390. Locators' rights of possession and enjoyment.
402. Surveyor-General to appoint survey-
391. Owners of tunnels, rights of.
393. Patents for mineral lands, how ob-
398. Subdivisions of ten-acre tracts; max-
399. Conformity of placer claims to sur-
400. What evidence of possession, &c., to
Mineral lands reserved.
Vested rights to use of water for mining, &c.; right of way for canals. Pre-emption and homestead patents subject to vested and accrued water rights.
Mineral lands in which no valuable mines are discovered open to homesteads.
Mineral lands, how set apart as agricultural lands.
Additional land districts and officers,
power of the President to provide. Provisions of this chapter not to affect certain rights.
413. Mineral lands in certain States excepted.
Deposits of coal, iron, and lead in Missouri and Kansas excepted. Grants of lands to States or corporations not to include mineral lands. 416. Entry of coal lands. 417. Pre-emption of coal lands. 418. Pre-emption claims of coal lands to be presented within sixty days, &c. 419. Only one entry allowed. 420. Conflicting claims. 421. Rights reserved.
SEC. 386. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law.
14 Stat. 86; 18 id. 476; R. S. 2318. U. S. v. Gear, 3 How. 120; Cooper v. Roberts, 18 id. 73; U. S. v. Gratiot, 14 Pet. 526; Sparrow v. Strong, 3 Wall. 97; Secretary v. McGarrahan, 9 id. 298; Morton v. Nebraska, 21 id. 660; Heydenfeldt v. Mining Co., 3 Otto, 634. U. S. v. Parrott, 1 McAllister, C. C. 272; U. S. v. Gratiot, 1 McLean, C. C. 454; Indiana v. Miller, 3 id. 151. 3 Op. Att. Gen. 277; 5 id. 247; 7 id. 636; 10 id. 184. Heydenfeldt v. Mining Co., 10 Nev. 290; Gold Hill Co. v. Ish, 5 Oreg. 104; Hicks v. Bell, 3 Cal. 219; Stoakes v. Barrett, 5 id. 36; People v. Folsom, 5 id. 373; Conger v. Weaver, 6 id. 548; Nims v. Johnson, 7 id. 111; Boggs v. Merced Mining Co., 14 id. 279; Burdge v. Smith, 14 id. 380; Moore v. Smaw, 17 id. 199; Lentz v. Victor, 17 id. 272; Fremont v. Seals, 18 id. 433; Rogers v. Sogg, 22 id. 444; Rupley v. Welch, 23 id. 452; Doran v. Railway Co., 24 id. 245; Wixon v. Bear River Co., 24 id. 367; Ah Yew v. Choate, 24 id. 562; Higgins v. Houghton, 25 id. 252: Morton . Solambo Mining Co., 26 id. 527; Alford v. Barnum, 45 id. 482; McLaughlin v. Powell, 50 id. 64; Titcomb v. Kirk, 51 id. 288. Decisions Sec. Int., 6 Copp's L. O. 4; 7 id. 23. Decisions Com. G. L. O., Copp's Mg. Dec. 308; 2 Copp's L. O. 82; 7 id. 4. Cir. G. L. O., April 22, 1880.
SEC. 387. All valuable mineral deposits in lands belong- Mineral lands ing to the United States, both surveyed and unsurveyed, open to purchase are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs and rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
17 Stat. 91; 19 id. 52; R. S. 2319. Cooper . Roberts, 18 How. 173; Sparrow v. Strong, 3 Wall. 97; Heydenfeldt v. Mining Co., 3 Otto, 634; Forbes v. Gracey, 4 id. 762. U. S. v. Parrott, I McAllister, C. C. 271; Chapman . Toy Long, 4 Saw. C. C. 28; Mt. Diablo Mg. Co. v. Callison, 5 Saw. C. C. 439; Stroud v. Railway Co., 4 Dillon, C. C. 396. Hibschle v. Gildersleeve, U. S. Dist. Ct. Colo. 1880, in manuscript. 14 Op. Att. Gen. 115; id. Aug. 6, 1875, in manuscript. Rogers v. Cooney, 7 Nev. 213; Golden Fleece Co. v. Cable Mg. Co., 12 id. 312; Territory v. Lee, 2 Montana, 124; Gold Hill Co. v. Ish, 5 Oreg. 104; Hicks v. Bell, 3 Cal. 219; Stoakes v. Barrett, 5 id. 36; Tartar v. Spring Creek Co., 5 id. 395; Bridge v. Underwood, 6 id. 45; Mitchell v. Hargood, 6 id. 148; Conger v. Weaver, 6 id. 548; Crandall v. Woods, 8 id. 136; Weimer v. Lowrey, 11 id. 104; Boggs v. Merced Mg. Co., 14 id. 279; Henshaw v. Clark, 14 id. 461; Clark v. Duval, 15 id. 85; Smith v. Doe, 15 id. 100; Moore v. Smaw, 17 id. 199; Lentz v. Victor, 17 id. 272; Fremont v. Seals, 18 id. 433; Logan v. Driscoll, 19 id. 623; Rupley v. Welch, 23 id. 452; Ensminger v. McIntire, 23 id. 593; Doran v. Railway Co., 24 id. 245; Richardson v. McNulty, 24 id. 339; Wixon v. Bear River Co., 24 id. 367; Ah Yew v. Choate, 24 id. 562; Higgins v. Houghton, 25 id. 252; Morton v. Solambo Mg. Co., 26 id. 527; Gibson v. Puchta, 33 id. 310; Levaroni v. Miller, 34 id. 231; Alford v. Barnum, 45 id. 482; McLaughlin v. Powell, 50 id. 64; Laird v. Waterford, 50 id. 315; Titcomb v. Kirk, 51 id. 288. Decisions Sec. Int., Aug. 26, 1871 (Copp's Mg. Dec. 60); Sept. 3, 1872 (id. 140); Jan. 2, 1875 (1 Copp's L. O. 178). Decisions Com. G. L. O., June 7, 1871 (Copp's Mg. Dec. 43); July 10, 1873 (id. 209); July 15, 1873 (id. 316); July 26, 1873 (id. 214); May 2, 1874 (1 Copp's L. O. 4); Oct. 23, 1874 (1 id. 132); Jan. 30, 1875 (1 id. 79); June 30, 1875 (1 id. 79); Dec. 3, 1875; April 24, 1876 (3 Copp's L. O. 18); Nov. 13, 1877 (4 id. 179); Sept. 30, 1879.
veins or lodes.
SEC. 388. Mining claims upon veins or lodes of quartz or Length of minother rock in place bearing gold, silver, cinnabar, lead, tin, ing claims upon copper, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other.
17 Stat. 91; 19 id. 52; R. S. 2320. Flagstaff Silver Mg. Co. v. Tarbet, 8 Otto, 463. The Eureka case, 4 Saw. C. C. 302: Mt. Diablo