each additional 1,000 inhabitants, not to exceed
5,000 in all, a further amount of 320 acres may be allowed. When the
number of inhabitants of a town is less than 100, the town site shall be
restricted to the land actually occupied for town purposes by legal
subdivisions. (See section 2389, U.S. Revised Statutes.)
27. Where an entry is made of less than the maximum quantity of land
allowed for town-site purposes, additional entries may be made of
contiguous tracts occupied for town purposes which when added to the
previous entry or entries will not exceed 2,560 acres; but no additional
entry can be allowed which will make the total area exceed the area to
which the town may be entitled by virtue of its population at date of
additional entry. (See section 4 of the act of March 3, 1877, 19 U.S.
Statutes at Large, p. 392.)
28. The land must be paid for at the Government price per acre, and
proof must be furnished relating, first, to municipal occupation of the
land; second, number of inhabitants; third, extent and value of town
improvements; fourth, date when land was first used for town-site
purposes; fifth, official character and authority of officer making
entry; sixth, if an incorporated town, proof of incorporation, which
should be a certified copy of the act of incorporation, and, seventh,
that a majority of the occupants or owners of the lots within the town
desire that such action be taken. Thirty days' publication of notice of
intention to make proof must be made and proof of publication furnished.
(See section 2387, U.S. Revised Statutes.)
29. All surveys for town sites on said lands shall contain reservations
for parks (of substantially equal area if more than one park) and for
schools and other public purposes, embracing in the aggregate not less
than 10 nor more than 20 acres, and patents for such reservations, to be
maintained for such purposes, will be issued to the towns respectively
when organized as municipalities. (See section 22, act of May 2, 1890,
26 U.S. Statutes at Large, p. 92.)
30. In case any of said lands which may be entered under the homestead
laws by a person who is entitled to perfect his title thereto under such
laws are required for town-site purposes, the entryman may apply to
the Secretary of the Interior to purchase the lands embraced in said
homestead, or any part thereof not less than a legal subdivision, for
town-site purposes. The party must file in the district office with
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