United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 27 of 150)
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to any alien who shall become a bona fide resident of the United
States, and any alien who shall become a bona fide resident of the
United States, or shall have declared his intention to become a citi-
zen of the United States in the manner provided by law, shall have
the right to acquire and hold lands in either of the Territories of the
United States upon the same terms as citizens of the United States :
Provided, That if any such resident alien shall cease to be a bona fide
resident of the United States then such alien shall have ten years
from the time he ceases to be such bona fide resident in which to
alienate such lands. This Act shall not be construed to prevent any
persons not citizens of the United States from acquiring or holding
lots or parcels of lands in any incorporated or platted city, town, or
village, or in any mine or mining claim, in any of the Territories of
the United States. (29 Stat. 618.)
See notes to preceding section.

§ 3492. (Act March 2, 1897, c. 363, § 3.) Provisions of act not to
prevent acquisition of lands by inheritance or in collection of
debts, nor acquisition and enforcement of liens, etc.
This Act shall not prevent aliens from acquiring lands or any in-
terests therein by inheritance or in the ordinary course of justice
in the collection of debts, nor from acquiring liens on real estate
or any interest therein, nor from lending money and securing the
same upon real estate or any interest therein ; nor from enforcing
any such lien, nor from acquiring and holding title to such real estate,
or any interest therein, upon which a lien may have heretofore or
may hereafter be fixed, or upon which a loan of money may have
been heretofore or hereafter may be made and secured: Provided,
however, That all lands so acquired shall be sold within ten years after
title shall be perfected in him under said sale or the same shall escheat
to the United States and be forfeited as hereinafter provided. (29
Stat. 618.)

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§ 8498 THB TBRRITOaiBS AND IN8ULAB P088B88I0NS (Tit 23

§ 3493. (Act March 2, 1897, a 363, § 4.) Conveyance by aliens of
lands held contrary to provisions of act, b^ore institution of
escheat proceedings.
Any alien who shall hereafter hold lands in any of the Territo-
ries of the United States in contravention of the provisions of this
Act may nevertheless convey his title thereto at any time before
the institution of escheat proceedings as hereinafter provided: Pro-
vided, however, That if any such conveyance shall be made by such
alien, either to an alien or to a citizen of the United States, in trust
and for the purpose and with the intention of evading the provisions
of this Act, such conveyance shall be null and void, and any such
lands so conveyed shall be forfeited and escheat to the United States.
(29 Stat. 618.)

The rifbtfl and privileget conferred by this act apon aliens concerning the
acquisition, boldinf, owninfr, and disposition of real estate in the Territories,
were extended to them in respect of real estate in the IMstrict of Colnmhia,
by Act Feb. 28, 1906, c 783, post, | 8497.

§ 3494. (Act March 2, 1897, c. 363» § 5.) Proceedings for escheat.
It shall be the duty of the Attorney-General of the United Sutes,
when he shall be informed or have reason to believe that land in
any of the Territories of the United States are being held contrary
to the provisions of this Act, to institute or cause to be instituted
suit in behalf of the United States in the district court of the Ter-
ritory in the district where such land or a part thereof may be
situated, praying for the escheat of the same on behalf of the United
States to the United States : Provided, That before any such suit is
instituted the Attorney-General shall ^ve or cause to be given ninety
days' notice by registered letter of his intention to sue, or by per-
sonal notice directed to or delivered to the owner of said land, or
the person who last rendered the same for taxation, or his agent,
and to all other persons having an interest in ^uch lands of which
he may have actual or constructive notice. In the event personal
notice can not be obtained in some one of the modes above provided,
then said notice shall be given by publication in some newspaper pub-
lished in the county where the land is situate, and if no newspaper is
published in said county then the said notice shall be published in
some newspaper nearest said county. (29 Stat. 619.)

§ 3495. (Act March 2, 1897, c. 363, § 6.) Condemnation and sale
of lands; disposition ot proceeds; dismissal of suit upon alien
confonning to law, etc.
If it shall be determined upon the trial of any such escheat pro-
ceedings that the lands are held contrary to the provisions of this
Act, the court trying said cause shall render judgment condemn-
ing such lands and shall order the same to be sold as under exe-
cution ; and the proceeds of such sale, after deducting costs of such
suit, shall be paid to the clerk of such court so rendering judg-
ment, and said fund shall remain in the hands of such clerk for one
year from the date of such payment, subject to the order of the alien
owner of such lands, or his heirs or legal representatives ; and if not
claimed within the period of one year, such clerk shall pay the same

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Cb. 1) THB TBRRITORIBS AND INSULAR POSSESSIONS § 3498

into the treasury of the Territory in which the lands may be situated,
for the benefit of the available school fund of said Territory : Pro-
vided, That the defendant in any such escheat proceedings may, at
any time, before final judgment, suggest and show to the cpurt that
he has conformed with the law, either becoming a bona fide resident
of the United States, or by declaring his intention of becoming a
citizen of the United States, or by the doing or happening of any
other act which, under the provisions of this Act, would entitle him
to hold or own real estate, which being admitted or proved, such suit
shall be dismissed on payment of costs and a reasonable attorney fee
to be fixed by the court. (29 Stat. 619.)

§ 3496. (Act March 2, 1897, c. 363, § 7.) Provisions of act not to
be construed to refer to District of Columbia, nor to authorize
aliens to acquire public lands, nor to a£Fect laws regulating dis-
posal of public lands.
This Act shall not in any manner be construed to refer to the
District of Columbia, nor to authorize aliens to acquire title from
the United States to any of the public lands of the United States or
to in any manner affect or change the laws regulating the disposal
of the public lands of the United States. And the Act of which
this Act is an amendment shall remain in force and unchanged by
this Act so far as it refers to or affects real estate in the District of
Columbia. (29 Stat. 619.)

Act March 8, 1887, c. 340, of which this act is an amendment, mentioned
in this section, is set forth post, §§ 3498-3500.

See notes to section 1 of this act, ante, i 3490.

This act was amended so as to extend to aliens the same rights and priTi-
leges concerning the acquisition, holding, owning, and disposition of real es-
tate in the District of Columbia as were conferred by it upon them in respect
of real estate in the Territories, by Act Feb. 23, 1905, c 733, post, | 8497.

§ 3497. (Act Feb. 23, 1905, c. 733.) Act March 2, 1897, c. 363,
amended to extend to aliens in respect of real estate in Dis-

I trict of Coliunbia.

I That the Act entitled "An Act to better define and regulate the

Tights of aliens to hold and own real estate in the Territories," ap-

i proved March second, eighteen hundred and ninety-seven, be, and

the same is hereby, amended so as to extend to aliens the same
rights and privileges concerning the acquisition, holding, owning,
and disposition of real estate in the District of Columbia as by that
Act are conferred upon them in respect of real estate in the Terri-
tories of the United States. (33 Stat. 733.)

This act was entitled "An act to amend Act March 2, 1897."
Said Act March 2, 1897, c. 363, so amended by this act, is set forth ante,
H 3490-3496. It amended the previous Act March 3, 1887, c. 340, poeft, §|
3498-3500, which related to the same subject, except so far as said preyious
I act affected real estate in the District of Columbia.

§ 3498. (Act March 3, 1887, c. 340, § 1.) Acquisition of real estate
in District of Columbia by aliens or alien corporations, pro-
hibited.
It shall be unlawful for any person or persons not citizens of

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§ 3498 THE TBRRITORIB8 AND INSULAR POSSESSIONS (Tit 23

the United States, or who have not lawfully declared their inten-
tion to become such citizens, or for any corporation not created by
or under the laws of the United States or of some State or Ter-
ritory of the United States, to hereafter acquire, hold, or own real
estate so hereafter acquired, or any interest therein, [in any of the
Territories of the United States or] in the District of Columbia,
except such as may be acquired by inheritance or in good faith in
the ordinary course of justice in the collection of debts heretofore
created: Provided, That the prohibition of this section shall not
apply to cases in which the right to hold or dispose of lands in the
United States is secured by existing treaties to the citizens or sub-
jects of foreign countries, which rights, so far as they may exist
by force of any such treaty shall continue to exist so long as such
treaties are in force, and no longer. (24 Stat 476.)

This section wu part of an act entitled ''An act to restrict the ownerahip of
real estate in the territories to AmeiHcan citixens, and so forth."

The words of this section inclosed in brackets, '*in any of the Territories of
the United States or/' were superseded by the amendment of this act, sub-
stitutingr other provisions therefor, but providing that it should remain in
force as to real estate in the District of Columbia, by Act March 2, 1807, c.
oi>3, ante, || 3490-3406.

Sections 2 and 4 of 'the act are set forth post, || 3409, 3500.

Section 3 of the act limited the amount of land which could be acquired,
held, or owned by corporations in any of the territories. As these provisions
did not affect real estate in the District of Columbia, they may be regarded
as superseded or impliedly repealed by the amendment of this act by Act
March 2, 1897, c. 303, ante. H :MOO-3496.

This act was not to apply to or operate in the District of Columbia, so far
as relates to the ownership of legations, or the ownership of residences by
representatives of foreign governuients, or attache thereof, by an amend-
ment of the act by Act March 9, 1S88, c 30, post, I 3501.

This act, except so far as it affects real estate in the District of Columbia,
was superheded by amendment, sulistituting other provisions therefor, but pro-
viding that it should remain in force so far as it referred to or affected real
estate in the District of Columbia, in Act March 2, 1897, c. 363, ante, fS
341H>-:M90. And that act was amended, so as to extend to aliens the same
riglits and privileges concerning the acquisition, holding, owning, and dispo-
sition of real estate in the District of Columbia as were conferred by It upon
them in respect of real esUte in the Territories, by Act Feb. 23, 1905, c. 733.
ante, i 3497.

§ 3499. (Act March 3, 1887, c 340, § 2.) Acquisition of real csUtc
in District of Columbia by corporations more than 20 per cent,
of whose stock is owned by aliens, prohibited.

Xo corporation or association more than twenty per centum of
the stock of which is or may be owned by any person or persona,
corporation or corporations, association or associations, not citi-
zens of the United States, shall hereafter acquire or hold or own
any real estate hereafter acquired in [any of the Territories of the
United States or of] the District of Columbia. (24 Stat 477.)

The words of this section inclosed in braclcets, **any of the Territories of
the I'nited States or of,** were superneded by the amendment of ttdn act by
Act March 2, lSt»7. c. 3«tt, ante, S« :iU)0-:J4Jm.

8ee n«>tes to preceding section of this act, ante, | 3408.

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Ch. 1) THB TBRRITORIBS AND INSULAR POSSESSIONS § 3503

§ 3500. (Act March 3, 1887, c. 340, § 4.) Forfeiture of property ac-
quired, held, or owned in violation of provisions of act; pro-
ceedings for enforcement.

All property acquired, held, or owned in violation of the provi-
sions of this act shall be forfeited to the United States, and it shall
be the duty of the Attorney General to enforce every such forfei-
ture by bill in equity or other proper process. And in any suit or
proceeding that may be commenced to enforce the provisions of
this act, it shall be the duty of the court to determine the very right
of the matter without regard to matters of form, joinder of parties,
multifariousness, or other matters not affecting the substantial rights
either of the United States or of the parties concerned in any such
proceeding arising out of the matters in this act mentioned. (24
Stat 477.)

See notefl to section 1 of this act, ante, | 3498.

Provisions relating to proceedings for escheat of lands under Act March
2, 1807, c 363, were made by sections 5 and 6 of that act, ante, H 3404, 3495.

§ 3501. (Act March 9, 1888, c. 30.) Ownership in District of Co-
limibia of legations or of residences by representatives of for-
eign governments or attach6s thereof.

That an act entitled "An Act to restrict the ownership of real
estate in the Territories to American citizens, and so forth," ap-
proved March third, eighteen hundred and eighty-seven, be so
amended that the same shall not apply to or operate in the Dis-
trict of Columbia, so far as relates to the ownership of legations, or
the ownership of residences by representatives of foreign governments,
or attaches thereof. (25 Stat. 45.)

This was an act entitled "An act to amend Act March 3, 1887.*'
Said Act March 3, 1887, c. 340, is set forth ante, §§ 349^8500.

§ 3502. (Act March 3, 1891, c. 564, § 1.) Inspection of coal mines;
appointment and qualification of mine inspector.
In each organized and unorganized Territory of the United States
wherein are located coal mines, the aggregate annual output of
which shall be in excess of one thousand tons per annum, the Pres-
ident shall appoint a mine inspector, who shall hold office until his
successor is appointed and qualified. Such inspector shall, before
entering upon the discharge of his duties, give bond to the United
States in the sum of two thousand dollars, conditioned for the faith-
ful discharge of his duties. (26 Stat 1104.)

This section and the eightee;i sections next following were an act entitled
"An act for the protection of the lives of miners in the Territories."

§ 3503. (Act March 3, 1891, c. 564, § 2.) Mine inspectors; eligi-
bility for appointment.
No person shall be eligible for appointment as mine inspector
under section one of this act who, is not either a practical miner
or mining engineer and who has not been a resident for at least
six months in the Territory for which he shall be appointed; and
no person who shall act as land agent, manager, or agent of any
mine, or as mining engineer, or be interested in operating any mine

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S 3608 THB TBRRIT0RIE8 AND INSULAR P088B88IONS (Tit 23

in such Territory shall be at the same time an inspector under the
provisions of this act. (26 Stat. 1104.)

Section 1 of this act, menUoned in this section. It Mt forth ante, | 3502.

§ 3504. (Act March 3, 1891, c. S64» § 3.) Mine inspectors; duties;
reports.
It shall be the duty of the mine inspector provided for in this
act to make careful and thorough inspection of each coal mine op-
erated in such Territory, and to report at least annually upon the
condition of each coal mine in said Territory with reference to
the appliances for the safety of the miners, the number of air or
ventilating shafts, the number of shafts for ingress or egress, the
character and condition of the machinery for ventilating such
mines, and the quantity of air supplied to same. Such reports shall
be made to the governor of the Territory in which such mines are
located and a duplicate thereof forwarded to the Secretary of the
Interior, and in the case of an unorganized Territory directly to the
Secretary of the Interior. (26 Stat 1104.)

§ 3505. (Act March 3, 1891, c. 564, § 4.) Notice to owners and man-
agers of unsafe condition of mine reported by mine inspector.
In case the said mine inspector shall report that any coal mine
is not properly constructed or not furnished with reasonable and
proper machinery and appliances for the safety of the miners and
other employees it shall be the duty of the governor of such organ-
ized Territory it shall be the duty of the Secretary of the Interior
to give notice to the owners or managers of said coal mine that
the said mine is unsafe and notifying them in what particular the
same is unsafe, and requiring them to furnish or provide such addi-
tional machinery, slopes, entries, means of escape, ventilation, or
other appliances necessary to the safety of the miners and other
employees within a period to be in said notice named, and if the
same be not furnished as required in such notice it shall be unlaw-
ful after the time fixed in such notice for the said owners or man-
agers to operate said mine. (26 Stat 1105.)

§ 3506. (Act March 3, 1891» c 564, § 5.) Two shafts, slopes, etc,
' to be provided for each mine.
In all coal mines in the Territories of the United States the own-
ers or managers shall provide at least two shafts, slopes, or other
outlets, separated by natural strata if not less than one hundred and
fifty feet in breadth, by which shafts, slopes, or outlets distinct
means of ingress and egress shall always be available to the per-
sons employed in said mine. And in case of the failure of any coal
mine to be so provided it shall be the duty of the mine inspector
to make report of such fact, and thereupon notice shall issue, as
provided in section four of this act, and with the same force and
eflfect (26Sut 1105.)

Section 4 of this act, mentioned in this section, is set forth snte, | 3900.
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Ch. 1) THB TBBRIT0BIB8 AND IN8ULAB POSSESSIONS § 3510

§ 3507. (Act March 3, 1891» c. 564, § 6, as amended. Act July 1, 1902,
c. 1356.) Ventilation to be provided; prevention of accumula-
ti<Hi of coal dust.
The owners or managers of every coal mine shall provide an
adequate amount of ventilation of not less than eighty-three and
one-third cubic feet of pure air per second, or five thousand cubic
feet per minute for every fifty men at work in said mine, and in
like proportion for a greater number, which air shall by proper
appliances or machinery be forced through such mine to the face of
each and every working place, so as to dilute and render harm-
less and expel therefrom the noxious or poisonous gases. Wher-
ever it is practicable to do so the entries, rooms, and all openings
being operated in coal mines shall be kept well dampened with wa-
ter to cause the coal dust to settle, and that when water is not ob-
tainable at reasonable cost for this purpose accumulations of dust
shall be taken out of the mine, ^nd shall not be deposited in way
places in the mine where it would be again distributed in the atmos-
phere by the ventilating currents. (26 Stat. 1105. 32 Stat 631.)
This section, as originally enacted, was as follows:

"The owners or managers of every coal mine at a depth of one hundred
feet or more shall provide an adequate amount of ventilation of not less than
fifty-five cubic feet of pure air per second, or thirty-three hundred cubic feet
per minute, for every fifty men at work in said mine, and in like proportion for
a greater number, which air shall by proper appliances or machinery be
forced through such mine to the face of each and every working place, so as
to dilute and render harmless and expel therefrom the noxious or poisonous
sases ; and all workings shall be kept clear of standing gas."

It was amended by changing this provision to read as in the first sentence of
the section as set forth here, and by adding the further provision for precau-
tions against accumulation of coal dust, by Act July 1, 1002, c. 1356, last cited
above. A proviso, also added to the section by said amendment, requiring the
employment of shot firers in the Indian Territory, was superseded by the ad-
mission of said territory, with the Territory of Oklahoma, to the Union as the
State of Oklahoma.

§ 3508. (Act March 3, 1891, c. 564, § 7.) Punishment for faUure
to comply with requirements of act.
Any mine owner or manager who shall continue to operate a
mine after failure to comply with the requirements of this act and
after the expiration of the period named in the notice provided for
in section four of this act, shall be deemed guilty of a misdemeanor,
and shall be fined not to exceed five hundred dollars. (26 Stat.
1105.)

Section 4 of this act, mentioned in this section, is set forth ante, | 8505.

§ 3509. (Act March 3, 1891, c. 564, § 8.) Furnace shaft not to be
deemed escape shaft.
In no case shall a furnace shaft be used or for the purposes of
this act be deemed an escape shaft. (26 Stat. 1105.)

§ 3510. (Act March 3, 1891, c. 564, § 9.) Time for construction of
escape shafts.
Escape shafts shall be constructed in compliance with the re-
quirements of this act within six months from the date of the pas-
sage hereof, unless the time shall be extended by the mine inspector,

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§ 3511 TUB TERRITORIES AND INSULAR POSSESSIONS (Tit 23

and in no case shall said time be extended to exceed one year from
the passage of this act. (26 Stat. 1105.)

§ 3511. (Act March 3» 1891, c. 564, § 10.) Speaking tubes to be
provided for shafts or slopes.
A metal speaking-tube from the top to the bottom of the shaft or
slope shall be provided in all cases, so that conversation may be
carried on through the same. (26 Stat. 1105.)

§ 3512. (Act March 3, 1891, c 564, § 11.) Safety catches and cov-
ers overhead to be provided for hoisting apparatus; inspection
of such apparatus.
An approved safety catch shall be provided and sufficient cover
overhead on every carriage used in lowering oir hoisting persons.
And the mine inspectors shall examine and pass upon the ade-
quacy and safety of all such hoisting apparatus. (26 Stat 1105.)

§ 3513. (Act March 3, 1891, c 564, § 12.) Children under twelve
years not to be employed underground; punishment for viola-
tion of provisions.
No child under twelve years of age shall be employed in the
underground workings of any mine. And no father or other person
shall misrepresent the age of anybody so employed. Any person
guilty of violating the provisions of this section shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined
not to exceed one hundred dollars. (26 Stat 1105.)

§ 3514. (Act March 3, 1891, c. 564, § 13.) Men in charge of hoist-
ing apparatus or engines.
Only experienced and competent and sober men shall be placed
in charge of hoisting apparatus or engines. And the maximum
number of persons who may ascend or descend upon any cage or
hoisting apparatus shall be determined by the mine inspector. (26
Sut 1106.)

§ 3515. (Act March 3, 1891, c. 564, § 14.) Mine inspectors; powers
in and performance of duty of inspection; owners, etc., to fur-
nish means necessary therefor.
It shall be lawful for any inspector to enter and inspect any coal
mine in his district and the work and machinery belonging thereto
at all reasonable times, but so as not to impede or obstruct the
working of the mine ; and to make inquiry in to the state of the
mine, works, and machinery, and the ventilation and mode of light-
ing the same, and into all matters and things connected with or
relating to the safety of the persons employed in or about the same,
and especially to make inquiry whether the provisions of this act
are complied with; and the owner or agent" is hereby required to
furnish means necessary for such entry, inspection, examination and
inquiry, of which the said inspector shall make an entry in the
record in his ofKce, noting the time and material circumstances of
the inspection. (26 Sut 1106.)

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Ch. 1) THB TBBRITORIE8 AND INSULAR POSSESSIONS § 3521

§ 3516. (Act March 3, 1891/ c. 564, § 15.) Fatal accidents to be re-



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 27 of 150)