As Mineral,
Can be entered by preëmption upon proof that mines or minerals are not contained therein. Lands found, after entry as agricultural, to contain valuable mineral deposits, such entry will be cancelled. Where, however, a patent has issued, and the land has been afterwards found to embrace a valuable deposit or lode, the title is valid, as the land has ceased to be part of the public domain. Proof, however, that the deposit, lode or mine was known before the patent issued will invalidate title thereto. Titles to town sites and lots are held subject, also, to mineral rights, which remain in the United States.
Under Act of 1876, it was permitted to any person, under the limit of citizenship, or declaration of intent, to proceed upon the public land, and occupy such area, to the extent of one section, or 640 acres, which cannot be cultivated or used for agricultural purposes, with the artificial conveying of water thereon and irrigation; three years being given to construct the necessary works and improvements. The price of such land is to be $1.25 per acre, one-fifth being required to be paid at the time of location. In consequence of doubt as to the character of land which this act was designed to embrace, and charges made of fraudulent entries, further legislation will doubtless be had on this subject.
Coal lands are allowed to be entered in legal subdivision parcels, not to exceed 160 acres to any one person, or double that quantity to an association; the price of the same to be $20 and $10 per acre, according to whether or not the same be located within fifteen miles of a completed railroad.
Rivers are deemed navigable only when they are used, or are susceptible of being used, for commercial highways. The shores and soil under them were reserved to the States respectively, and new States have the same jurisdiction and sovereignty as old ones. The Land Office has never permitted a complication of such rights by attempting or permitting the sales of any portion of the beds of said rivers or streams.
Saline lands are not subject to homestead or preëmption entry. This policy has been uniform since the beginning of our land system. The Supreme Court has held uniformly that Congress has uniformly designed to prevent the sale of saline deposits and springs. The existence of such deposit or spring withdraws any quarter or other large portion of a section from settlement and location.
United States Land Office Fees.
United States Land Office Registers and Receivers are permitted by law to charge the following fees:
| Homestead or pre-emption declaratory statement | $1.00 |
| On final certificate for each 160 acres | 5.00 |
| ” ” ” 320 ” | 10.00 |
| ” ” ” section, or 640 acres | 15.00 |
| Locations by States under grants, for each 160 acres | 1.00 |
| For superintending public land sales | 5.00 |
| For acting on application for patent or adverse mineral claim | 5.00 |
| For testimony either in mineral or agricultural land cases, taken in writing, for claimants, each 100 words | .15 |
Under the laws of Arizona the County Recorders are authorized and required to keep a record of all mines and mineral deposits that are located. For this work they are entitled to receive for recording each claim:
| Not to exceed one folio | $1.00 |
| For each additional folio | .20 |
It is also provided by act of territorial legislature, approved November 9th, 1864, that persons in the military service of the United States may locate mineral claims, all local or district regulations to the contrary notwithstanding.
Under the Act of December 30th, 1865, in relation to placer mines and mining, it is provided that in the county of Yuma, persons who in locating placers shall place, for the purpose of mining thereon, a pump or pumps with a capacity of 100 gallons per minute, may be entitled to locate of placer land not to exceed 160 acres. This privilege is not to include placer land which can be worked by water brought in ditches or flumes.
Under Act of September 30th, 1867, it is provided that joint mining claims may be segregated, when any of the owners thereof refuse or fail to join in working them, after notices in the county or other newspaper published nearest thereto, for the period of four weeks. After such notice, the parties issuing may apply to the District Court; notice is then posted conspicuously by the clerk, for requiring the delinquents to appear within sixty days, and show why the prayer should not be granted. At the end of this last period two commissioners may be appointed, who choose a third; and they examine and report in writing. A decree shall issue in accord with the report. Thirty days are allowed for an appeal to the Supreme Court.
All grants of lands within the Territory, individual or corporate, whether held under Mexican or United States titles, must be recorded in the office of the County Recorder where situated. If not so entered, they are declared null and void. It is provided also that settlers shall be protected in the occupancy, use and improvement of 340 acres of public lands.