possible his valuable improvements; there being no pro- 17. 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. 18. After an entry has been allowed to one party you will make no investigation concerning it at the instance of any person except on instructions from this office. You will, however, receive all affidavits concerning such case and forward the same to this office, accompanied by a statement of the facts as shown by your records. 19. Prior to entry it is competent for you to order an investigation, on sufficient grounds set forth under oath of a party in interest and substantiated by the affidavits of disinterested and credible witnesses. 20. 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 your 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 this office) for five consecutive insertions, covering a period of four weeks next prior to the trial; and in each case requiring such notice a copy must be forwarded with the returns to this office, accompanied with proof of service by affidavit indorsed thereon. 21. In every case of contest all papers in the same must be forwarded to this office for review before an entry is allowed to either party. 22. Thirty days from your decision will be allowed by you to enable any party to take an appeal or file argument to be forwarded to this office. 23. No appeal will be entertained unless the same shall be forwarded through the district land office. 24. The party may still further appeal from the decision of the commissioner of the general land office to the Secretary of the Interior. The appeal must be taken within sixty days after service of notice on the party. This may be filed with the district land officers and by them forwarded, or it may be filed with the commissioner, and must recite the points of exception. 25. If not appealed the decision is by law made final. (See Section 10, act of June 12, 1858, United States Statutes, vol. 11, p. 326.) After appeal thirty days are usually allowed for filing arguments, and the case is then sent to the secretary, whose decision is final and conclusive. 26. 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 the 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 To this affidavit the register will append the usual jurat. 27. 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. 28. The receiver will then issue to the purchaser a duplicate receipt, and at the close of the 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 issued; 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. 29. 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.. 30. 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 your 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. 31. The declaratory statement must be substantially as follows, to wit: -, being I, 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 act, 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. 32. 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 your office. 33. When improvements shall have been made prior to June 4, 1873, the declaratory statement must be filed within sixty days from that date. 34. No sale under this act will be allowed by you prior to September 4, 1873. 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 you will allow no party to make final proof and payment, except on notice as aforesaid to all others who appear on your records as claimants to the same tracts. 35. 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. 36. 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. You are to allow no entry, under this act, of lands containing other valuable minerals. You will determine the character of the land 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. 37. 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. 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. |