| Show incorporated CITIES AND TOWN neil neyl SITES r ft 1 circular depart department mr OF tim THE INTERIOR general land office washington D C april 1877 gentlemen your attention ia Is i invited to the foll fell following act alcon gress and the instructions issued therean der an aoi act respecting the limits of fj res for town towns sites siles upon the public domain beit be B it e enacted by the senate and house of representatives of the united states of america in con gress assembled that the exit existence ened or incorporation of any town upon the public lands of the united states staler shall not be beheld fald to exclude from preemption pre emption or br homestead entry nive five hun hundred dred drea and sixty a cres acres of jand land or bi the maximum area which ch may entered le Im as a townsite tomi towa site under lext exhaling ling laws unless the entire trace tract claimed or incorporated as such townsite iQ dalte Palte shall ahall including a and ud in 14 excess of the area above specified nied fied bd actually sealed upon id 1 habited a bit d 1 improved and used cpr busin business e ss and municipal al purposes BEC ism 0 O 2 that where entries have been leen heretofore allowed allowe dupon upon jaude lands att erward ascertained to have been embraced in the corporate of any illy town but which entries are or hafl hall be shown shown to the satisfaction of the Commis commissioner aloner of or the general land office toine to include lude only vacant unoccupied lands of the united states not settled upon or used for municipal gurl purl purposes oses adf devoted to any public use of such town said sald said entries if regular in all respects respect ai are hereby and may maybe bd carried into patent Provided That th this is confirmation aall wail shall not operate to entry lentry of any town site sueto to a smaller area than the tho max mum quantity of land which by reason of present population it may be entitled to enter enier enter under section twenty three hundred and eighty nine of the revised statutes SEC 3 that whenever the corporate limits of any town upon the public domain are shown or fill alleged eged to include lands in fil excess of the maximum area specified in hi section ono one of this act the commissioner r of the general land office may require the authorities of 8 tich town and it shall be lawful for them to elect what portion of sald said lands in compact loha joha lohi orm and ehl eini bracing the aceti actual al site of the muni occupation ament be rom preemption pre emption and homestead entry and land thereafter the bf such lands ian jaa da be open to td disposal under the homestead and preemption pre emption jaws laws and upon default of obaid taid paid town authorities to make such selection within 60 days after notification by the commissioner he may direct te testimony ati respecting respect ipg the actual loi location and ei said improvements to be taken byte byle bylo by ahe register and receiver of the district in which buch such town may be situated and upon receipt of the same he may determine and set onn oil the proper proper site according to section one of this acts act and declare the remaining lands open to settlement and entry under the homestead and preemption pre emption laws and it shall be the tho duty of the secretary of each of the terri tories ef of the United States to 6 tur fur nish niah the surveyor general of the territory for the use of the united d states a copy duly ay certified of every act of the legislature of ol the territory incorporating any city the same to be forwarded by such secretary to the surveyor general within one month from date of its apar approval oval sm SEC 4 it shall be lawful for any town which bat hai made or may hereafter make entry of less lesa than thlin the maximum quantity bf baland land named in section twenty three hundred and eighty nine af the revised statutes to make such sueh additional entry or entries of contiguous tracts which may be occupied for town purposes na iks when added to the entry or entries therefore made will not exceed twenty nive five liun liuni i dred and sixty acres provided that su such sueh c h additional entry shall not together with all prior entries be in excess of the area to which the town may be entitled at date of the additional entry by virtue of dt its population as prescribed in sald said section twenty three hundred and anil nine approved march larch section I 1 of the foregoing act restricts the amount of land jand that can be reserved i 5 fr from orn oin p preemption pre r oin oln din emption eption and home homestead tead entry by reason of the existence or incorporation of a town upon the public domain to 2560 acre acres unless the excess shall libe cibe be actually settled upon inhabited improved and used for business and municipal purposes section 2 confirms preemption pre emption a and ad homestead entries already made mab within the corp corporate drate limits of a town paid entry being regular in id all respects provided it shall be lle ile satisfactorily shown that th the lands glands so entered aro are not Inot settled fettled upon or pr used ed for lor diio any municipal purpose nor I 1 devoted to td any public use of such town action 3 provides rov ldes ides that when it shall appear that the them corporate corpora tb limits of a town embrace lands 14 in excess of or the maximum quantity allowed ibe the proper authorities may select those portions that are ant act antii antil 1 I allya occupied used and improved for municipal burpo purposes gos which land shall be X reserved irom rom preemption pre emption and homestead hem estead entry envy and the residue restored or b acome subject jec t to such settlement and entry butr this selection must be made within 60 days from notice and anti in default thereof a hearing will ba or dered and testimony taken AS to the condition conditi ohi oti of the land jand and buch huch portion ret act apart as shall appear to ito tto be within the meaning of instructions in detail will be leaned to you as cases arise for ada adjudication adl leation the ath section with the proviso to the ad section provides for or additional ehi efi entries tries by towns where here ennies dentri a 1 llave nave already been beb made in cases in which an ii increase lin in the number num berof of inhabit ants auti would entitle title titie them to an entry of ura ufa a larcer area under section 2389 of tho the revised statutes of the united states stales such en entries triest hover however tobe to be within the maximum amount or 2560 acres respectfully J A williamson commissioner I 1 to united states land officers f |
