ry of the Interior may cause a survey and plat
to be made of said city or town, and thereafter the lots will be sold at
an increase of 50 per cent on the minimum price of $10 per lot. (See
section 2384, U.S. Revised Statutes.)
22. When lots vary in size from the limitation of 4,200 square feet and
the lots, buildings, and improvements cover an area greater than 640
acres, such variance as to size of lots or excess in area will prove no
bar to entry, but the price of the lots may be increased to such
reasonable amount as the Secretary of the Interior may by rule
establish. (See section 2385, U.S. Revised Statutes.)
23. Under the second method lands actually settled upon and occupied as
a town site, and therefore not subject to entry under the homestead
laws, may be entered as a town site at the proper district land office.
(See section 2387, U.S. Revised Statutes.)
24. If the town is incorporated, the entry may be made by the corporate
authorities thereof through the mayor or other principal officer duly
authorized so to do. If the town is not incorporated, the entry may be
made by the judge of the county court for the county in which said town
is situated. In either case the entry must be made in trust for the use
and benefit of the occupants thereof according to their respective
interests. The execution of such trust as to the disposal of lots and
the proceeds of sales is to be conducted under regulations prescribed by
the territorial laws. Acts of trustees not in accordance with such
regulations are void. (See sections 2387 and 2391, U.S. Revised
Statutes.)
25. The officer authorized to enter a town site may make entry at once,
or he may initiate an entry by filing a declaratory statement of the
purpose of the inhabitants to make a town-site entry of the land
described. 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, and its exterior limits must conform to the legal
subdivisions of the public lands. (See sections 2388 and 2389, U.S.
Revised Statutes.)
26. The amount of land that may be entered under this method is
proportionate to the number of inhabitants. One hundred and less than
200 inhabitants may enter not to exceed 320 acres; 200 and less than
1,000 inhabitants may enter not to exceed 640 acres; and where the
inhabitants number 1,000 and over an amount not to exceed 1,280 acres
may be entered, and for
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