dates from the first day of possession of the assignor who initiated the claim.

38. You will so construe this act in its application as not to destroy or impair any rights which may have attached prior to March 3, 1873. Those persons who may have initiated a valid claim under any prior law relative to coal lands will be permitted to complete their entries under the same.

39. You will report at the close of each month, as "sales of coal lands," all filings and entries under this act in separate abstracts, commencing with number 1, and thereafter proceeding consecutively in the order of their reception. Where a series of numbers has already been commenced by sale of coal lands, you will continue the same without change. The affidavit required from each claimant at the time of actual purchase will be as follows, to wit:

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 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 gold. So help me God.

I.

of the land office ......, do hereby certify that the above affidavit was sworn and subscribed to before me this ...... day of ...., A. d. 18...

40. 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.

APPENDIX.

FORMS

FOR AGRICULTURAL AND OTHER LANDS.

Pre-emption Declaratory Statement for Offered Lands.

....

I, day of....

......

in the

of ......, being ......, have, on the ...... A. D. 18.., settled and improved the . . . . . . quarter of section No. in township No. .., of range No. district of lands subject to sale at the land office at . . . . . ., and containing ...... acres, which land had been rendered subject to private entry prior to my settlement thereon; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under section 2259 of the revised statutes of the United States. Given under my hand this . . . . . . day of... . . . . A. D. 18...

In presence of

Pre-emption Declaratory Statement for Unoffered Lands.

I,

day of..

....

......"

of ......, being ..... have since the first A. D. 18.., settled and improved the . . . . . . quarter of section No. .., in township No. of range No. in the district of lands subject to sale at the land office at and containing ...... acres, which land had been rendered subject to private entry prior to my settlement thereon; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under section 2259 of the revised statutes of the United States.

Given under my hand this

......

.... day of

A. D. 18...

In presence of

Affidavit Required of Pre-emption Claimant.

I, .... claiming the right of pre-emption, under section 2259 of the revised statutes of the United States, to the of section No. .., of township No. of range No. .., subject to sale at ......, do solemnly ...... that I have never had the benefit of any right of pre-emption under said section; that I am not the owner of 320 acres of land in any state or territory of the United States, nor have I settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my own exclusive use or 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 United States should inure, in whole or in part, to the benefit of any person except myself.

I,

....

of the land office at

....

A. D. 18..

do hereby certify that the above affidavit was subscribed and sworn to before me this ...... day of

Pre-emption Proof-Testimony of Claimant.

.....

being called upon as a witness in ... behalf in support of ...... pre-emption claim to the testifies as follows:

Own

Q. 1. What is your name? (Be careful to give it in full, correctly spelled, in order that it may be here written exactly as you wish it written in the patent which you desire to obtain.) A. ......

Q. 3. Are you the head of a family, or a single person? And, if the head of a family, of whom does your family consist? A.

....

Q. 4. Are you a native-born citizen of the United States? If not, have you declared your intention to become a citizen, and have you obtained a certificate of naturalization? *

A.

* In case the party has been naturalized, or has only declared his intention to become a citizen, a certified copy of his certificate of naturalization or declaration of intention, as the case may be, must be furnished.