"To this rule we adhere. With the qualification stated, it may be considered as embodying the views of the court upon the subject. In this case, if lot 34 had been found to have had a water front north of the north pier at the time stated, the pier front would have had nothing to do with the partition to be made. The lake front, where the accretion occurred, only could have been regarded. The whole of that front should have been taken as the basis of the adjustment."

Strips of land along rivers, bayous, etc. which were omitted when the public surveys were made, are not regarded by the department as coming under the head of riparian proprietorship. It has frequently happened in the prosecution of the public surveys, that deputies have mistaken the banks of bayous or "bottoms" for the true river banks. Instances of this kind occurred on the Kankakee river in Illinois, and on the Missouri river in Iowa. In the latter case the true river bank was found to be more than a mile west of the bank meandered by the deputy surveyor as the margin of the river, and hundreds of acres of public lands have been surveyed and sold between those meanders and the river.

When settlers in any of the public land states, where the Surveyor-General's office has been closed, desire to have such omitted strips of land surveyed, application may be made to the Commissioner of the General Land Office in the same manner and with the same conditions that are required for the survey of small islands.

COAL LANDS.

The act of Congress of 3d March, 1865, supplementary to the act of July 1st, 1864, "for the disposal of coal lands and of town property in the public domain," is to enable citizens of the United States who, at the date of the “act, may be in the business of bona fide actual coal mining on the public lands, for the purpose of commerce," to enter

160 acres, or less quantity, in legal subdivisions, including their improvements and mining premises, at the minimum price of twenty dollars per acre.

The law, however, expressly excludes from its provisions any lands "reserved by the President of the United States for public uses.'

The privilege granted is not a general one, but restricted to a single entry by a designated class of individuals, viz.: such as are citizens, and who, on the 3d March, 1865, the date of the act, were actually engaged, for "purposes of commerce," in "the business of bona fide actual coal mining." All persons not so occupied at that date are excluded from the enjoyment of the privilege.

1st. Testimony should be produced satisfactory to the Register and Receiver, showing the party to be a citizen of the United States, and that, at the date of the act, he was engaged "in the business of bona fide actual coal mining on the public lands," and "for the purposes of commerce."

The facts must be stated in detail, both as to the nature and extent of the coal mining; the period in which the business has been conducted, and in regard to the coal being made by the party an article of commerce, so that a correct judgment may be formed from these facts as to whether the case comes within the purview of the statute. Where the proof is clear and conclusive, the Register and Receiver are authorized to permit the entry, according to "legal subdivisions," in compact form, and so as not to exceed 160 acres.

2d. Where the mining improvements and premises are on land surveyed "at the passage of this act," it is required that a sworn declaratory statement descriptive of the tract and premises, and also of the extent and character of the improvements, be filed within six months from the date of the act, and that proof and payment must be made within one year from the date of such filing.

3d. If the mining premises be on land which may be surveyed after the passage of said act, then the declaratory statement shall be filed within three months from the return of the plat to the district land office, and proof and payment must be made within one year from the date of such filing.

PUBLIO TIMBER.

The act of Congress, approved May 27th, 1831, makes the cutting or waste or destruction of timber upon the public domain a trespass, and liable to the imposition of a heavy penalty upon conviction in any court of competent jurisdiction. The timber so cut is forfeited, and may be seized and sold for the benefit of the government.

The duty of protecting the public timber has, by order of the Secretary of the Interior, been imposed upon the Registers and Receivers of the respective local land offices.

Pre-emption or homestead settlers are permitted to cut timber for domestic use, buildings, fences, firewood, etc. upon the premises, and for the purpose of clearing and improving the land for cultivation, but are not allowed to cut timber upon the tracts upon which they have settled for the purpose of sale or trade.

TOWN SITES.

The Town Site Law of 1844 was repealed by the act of July 1st, 1864, and the former law is therefore only applicable to cases in which application for entry had been regularly made, and all necessary steps taken prior to July 1st, 1864. There are but few of these old cases remaining undetermined, and it is therefore only necessary in this connection to deal with existing laws in relation to town sites which are:

1st. The act of July 1st, 1864.

2d. The amendatory act of the 3d of March, 1865.

The first provides for founding cities and towns on the public domain, and limits the area of each to 640 acres, and of lots in the same to an area of 4200 square feet.

The amendatory act provides that in towns or cities actually existing at the date of its passage, the lots may be acquired according to existing plats or surveys without restriction as to size.

Actual settlers are entitled to pre-empt one lot and any additional lot on which they may have substantial improvements, at the minimum price, but must prove up and pay for the same, as in ordinary pre-emption cases prior to the day of public sale.

Lots neither claimed by pre-emption nor sold at the public sale will thereafter be subject to private entry by any individuals at the minimum price.

Parties who have already founded or may hereafter found a city or town, are required—

1st. To file with the Recorder of the county in which the town or city is situate a plat thereof, not exceeding 640 acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed.

2d. Also the plat or map of such city or town must exhibit the name of the city or town, 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 4200 square feet, with a statement of the extent and general character of improve

ments.

3d. Further, the said map and statement to be verified by oath by the party acting for and in the behalf of the founders of the city or town.

4th. Within one month after filing the map or plat with the Recorder of the county, a verified copy of said map and statement is to be sent to the General Land Office, accompanied by the testimony of two witnesses

that such city or town has been established in good faith.

5th. Where the city or town is within the limits of an organized land district, a similar copy of the map and statement must be filed with the Register and Receiver.

6th. The third section provides for cities or towns founded on unsurveyed lands, and directs that it may be lawful to adjust the exterior limits of the premises with the lines of the public surveys, where it can be done without impairing the rights of others.

Patents are to issue for all lots sold under the provisions of this act as in ordinary cases.

7th. "By the second section of act of 1st July, 1864, after the transcript and statement have been filed in the General Land Office, the lots are to be offered at public sale to the highest bidder at a minimum of ten dollars per lot; but, by the supplemental act, where the area of each lot exceeds the maximum of 4200 square feet, the minimum price of each lot shall be increased to such reasonable amount as the Secretary of the Interior may establish," and which price has been established by the Secretary as follows:

"The minimum price of each lot in a town surveyed before the above-named act of March 3d, 1865, took effect, containing over 4200 square feet and not more than 8400 square feet, shall be fifteen dollars; of each lot containing over 8400 square feet and not more than 12,600 square feet, the minimum price shall be eighteen dollars; of each lot containing over 12,600 square feet and not more than 16,800 square feet, the minimum price shall be twenty dollars; and for larger lots the price shall be increased two dollars for every additional 4200 square feet.

"In the case of out-lots in any such village, town, or city, the minimum price of such out-lots shall be ten dollars; of such out-lots containing more than one acre, the minimum price shall be ten dollars for the first acre, and five dollars for each additional acre in such lot."