cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of ten dollars for each lot; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminution thereafter as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substantial improvements, shall be entitled to prove up and purchase the same as a pre-emption, at such minimum, at any time before the day fixed for the public sale. (Act of Congress July 1, 1864, Ch. 205, § 2, v. 13. p. 343.) § 2383. When towns established upon unsurveyed lands, extension limits, how adjusted.-When such cities or towns are established, upon unsurveyed lands, it may be lawful, after the extension thereto of the public surveys, to adjust the extension limits of the premises according to those lines, where it can be done without interference with rights which may be vested by sale; and patents for all lots so disposed of at public or private sale shall issue as in ordinary cases. (Act of Congress July 1, 1864, Ch. 205, § 3, v. 13, p. 344.) $ 2384. When transcript maps of town are not filed in twelve months, proceedings by Secretary of the Interior.If within twelve months from the establishment of a city or town on the public domain, the parties interested refuse or fail to file in the general land office a transcript map, with the statement and testimony called for by the provisions of section twenty-three hundred and eightytwo, it may be lawful for the Secretary of the Interior to cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this exception, that they shall each be at an increase of fifty per centum on the minimum of ten dollars per lot. (Act of Congress July 1, 1864, Ch. 205, § 4, v. 13, p. 344.) § 2385. Where size of lots or town plat vary from general rule.-In the case of any city or town, in which the lots may be variant as to size from the limitation fixed in section twenty-three hundred and eighty-two, and in which the lots and buildings, as municipal improvements, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish. (Act of Congress March 3, 1865, Ch. 107, § 2. v. 13, p. 530.) § 2386. Title to lots subject to mineral rights.-Where mineral veins are possessed, which possession is recognized by local authority, and to the extent so possessed and recognized, the title to town lots to be acquired shall be subject to such recognized possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United States. (Act of Congress March 3, 1865, Ch. 107, § 2, v. 13, p. 530.) § 2387. Entry of town authorities in trust for occupants. -Whenever any portion of the public lands have been or may be settled upon and occupied as a town site, not subject to entry under the agricultural pre-emption laws, it is lawful, in case such a town be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such town is situated, to enter at the proper land_office, and at the minimum price, the land so settled and occupied in trust for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the state or territory in which the same may be situated. (Act of Congress March 2, 1867, Ch. 177, v. 14, p. 541.) § 2388. Entry under preceding section, when to be made. -The entry of the land provided for in the preceding section shall be made, or a declaratory statement of the purpose of the inhabitants to enter it as a town site shall be filed with the register of the proper land office, prior to the commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement shall include only such land as is actually occupied by the town, and the title to which is in the United States; but in any territory in which a land office may not have been established, such declaratory statements may be filed with the surveyor-general of the surveying district in which the lands are situated, who shall transmit the same to the general land office. (Act of Congress March 2, 1867, Ch. 177, v. 14, p. 541.) § 2389. Entry in proportion to number of inhabitants.If, upon surveyed lands, the entry shall, in its exterior limit, be made in conformity to the legal sub-divisions of the public lands authorized by law; and where the inhabitants are in number one hundred, and less than two hundred, shall embrace not exceeding three hundred and twenty acres; and in cases where the inhabitants of such town are more than two hundred, and less than one thousand, shall embrace not exceeding six hundred and forty acres; and where the number of inhabitants is one thousand and over one thousand, shall embrace not exceeding twelve hundred and eighty acres; but for each additional one thousand inhabitants, not exceeding five thousand in all, a further grant of three hundred and twenty acres shall be allowed. (Act of Congress March 2, 1867, Ch. 177, v. 14, p. 541.) § 2390. Authorities of Salt Lake City, rights of, as to entry. The words "not exceeding five thousand in all," in the preceding section, shall not apply to Salt Lake City, in the territory of Utah; but such section shall be so construed in its application to that city that lands may be entered for the full number of inhabitants contained therein, not exceeding fifteen thousand; and as that city covers school section number thirty-six, in township number one north, of range number one west, the same may be embraced in such entry, and indemnity shall be given therefor, when a grant is made by Congress of sections sixteen and thirty-six, in the territory of Utah, for school purposes. (Act of Congress July 1, 1870, Ch. 193, v. 16, p. 183.) § 2391. Certain acts of trustees to be void.-Any act of the trustees not made in conformity to the regulations alluded to in section twenty-three hundred and eightyseven shall be void. (Act of Congress March 2, 1867, Ch. 177, v. 14, p. 541.) § 2392. No title acquired to gold mines, etc., or to mining claims, etc.-No title shall be acquired, under the foregoing provisions of this chapter, to any mine of gold, silver, cinnabar, or copper; or to any valid mining claim or possession held under existing laws. (Act of Congress March 2, 1867, Ch. 177, v. 14, p. 541; June 8, 1868, Ch. 53, v. 15, p. 67.) § 2393. Military or other reservations, etc.-The provisions of this chapter shall not apply to military or other reservations heretofore made by the United States, nor to reservations for light-houses, custom-houses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the land office by title derived from the crown of Spain, or otherwise. (Act of Congress March 2, 1867, Ch. 177, v. 14, p. 541.) $2394. Inhabitants of towns on public lands, right of, to enter. The inhabitants of any town located on the public lands may avail themselves, if the town authorities choose to do so, of the provisions of sections twentythree hundred and eighty-seven, twenty-three hundred and eighty-eight, and twenty-three hundred and eightynine; and in addition to the minimum price of the lands embracing any town site so entered, there shall be paid by the parties availing themselves of such provisions, all costs of surveying and platting any such town site, and expenses incident thereto incurred by the United States, before any patent issues therefor; but nothing contained in the sections herein cited shall prevent the issuance of patents to persons who have made or may hereafter make entries, and elect to proceed under other laws relative to town sites in this chapter set forth. (Act of Congress June 8, 1868, Ch. 53, v. 15, p. 67.) CHAPTER XI. PATENT. SECTION 63-Nature and effect of patent. 64-When patent void. 65-Relief, when obtained by fraud. 66-Same-Estoppel by deed. 67-When patent takes effect. 68-What passes by patent. 70-Reservation in grant of public land. 71-Patent to mining claim. 72-What conveyed by. 73-Land office regulations-Application. § 63. Nature and effect of patent.-As a patent to a portion of the public domain, which is known as a mining claim, clothes the patentee with the same kind of title as that granted by any other patent, it may be serviceable, before going into that branch of the subject relating exclusively to mineral patents, to take a brief review of the authorities as to land patents in general. The United States, being the owner of the public domain in the fullest possible sense, it may part with the title by any species of gift or grant, and may adopt any method of evidencing the irrevocability of the conveyance. This is one of the methods. It has been said by the highest judicial authority that "the whole legislation of the federal government, in reference to the public lands, declare the patent the superior and conclusive evidence of legal title."1 No right can be acquired by pre-emption, or possession under license of the government, which will serve to divest the title of the government or impeach the title of its grantee.2 The statute of limitations will not run in favor of one in possession prior to the issue of a |