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U. S. C., sec. 332) shall be printed, bound, and issued within eight months after said decisions have been rendered by the Supreme Court, and within said period the Attorney General shall distribute copies of said Supreme Court reports as follows: * the Secretary of Agriculture,

each Assistant Secretary of each of the executive departments,

the Forester and Chief of Forest Service, Department of Agriclture; * * * and the heads of such other executive offices as may be provided by law of equal grade with any of said offices, each one copy;

The Attorney General shall distribute one complete set of said reports and one set of the digests thereof to such executive officers as are entitled to receive said reports under this section and have not already received them; * * Said reports and digests shall remain the property of the United States and shall be preserved by the officers above named and by them turned over to their successors in office. (R. S., sec. 683; Mar. 3, 1911, 36 Stat. 1154; July 1, 1922, 42 Stat. 816; Jan. 29, 1929, 45 Stat. 1143; 28 U. S. C., sec. 334.)

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EVIDENCE

1545. Depositions, acknowledgments, and affidavits taken by notaries public. - That notaries public of the several States, Territories, and the District of Columbia be, and they are hereby, authorized to take depositions, and do all other acts in relation to taking testimony to be used in the courts of the United States, take acknowledgments and affidavits, in the same manner and with the same effect as commissioners of the United States circuit court may now lawfully take or do. (Aug. 15, 1876, 19 Stat. 206; 28 U. S. C., sec. 642.)

1546. Departmental records; admissibility.-(a) Copies of any books, records, papers, or other documents in any of the executive departments, or of any corporation all of the stock of which is beneficially owned by the United States, either directly or indirectly, shall be admitted in evidence equally with the originals thereof, when duly authenticated under the seal of such department or corporation, respectively.

(b) Books or records of account in whatever form, and minutes (or portions thereof) of proceedings, of any such executive department or corporation, or copies of such books, records, or minutes authenticated under the seal of such department or corporation, shall be admissible as evidence of any act, transaction, occurrence, or event as a memorandum of which such books, records, or minutes were kept or made.

(c) The seal of any such executive department or corporation shall be judicially noticed. (R. S., sec. 882, as amended June 19, 1934, 48 Štat. 1109; 28 U. S. C., sec. 661.)

PROCEDURE

1547. Survival of actions, suits, or proceedings.-(a) That where, during the pendency of an action, suit, or other proceeding brought by or against an officer of the United States, or of the District of Columbia, or the Canal Zone, or of a Territory or an insular possession of the United States, or of a county, city, or other governmental agency of such Territory or insular possession, and relating to the present or future discharge of his official duties, such officer dies, resigns, or otherwise ceases to hold such office, it shall be competent for the court wherein the action, suit, or proceeding is pending, whether the court be one of first instance or an appellate tribunal, to permit the cause to be continued and maintained by or against the successor in office of such officer, if within six months after his death or separation from the office it be satisfactorily shown to the court that there is a substantial need for so continuing and maintaining the cause and obtaining an adjudication of the questions involved.

(b) Similar proceedings may be had and taken where an action, suit, or proceeding brought by or against an officer of a State, or of a county, city, or other governmental agency of a State, is pending in a court of the United States at the time of the officer's death or separation from the office.

(c) Before a substitution under this section is made, the party or officer to be affected, unless expressly consenting thereto, must be given reasonable notice of the application therefor and accorded an opportunity to present any objection which he may have. (Feb. 8, 1899, 30 Stat. 822; Feb. 13, 1925, sec. 11, 43 Stat. 941; 28 U. S. C., sec. 780.)

1548. Survival of action to recover damages.That no civil action to recover damages, brought by the United States or in its behalf, or in which the United States shall be directly or indirectly interested, and pending against any defendant prior to the time of his death, in any court of the United States, shall abate by reason of the death of any such defendant; but any such action shall survive and be enforceable against the estate of any such deceased defendant, This Act shall not be construed to deprive the plaintiff in any such action of any remedy which he may have against a surviving defendant. (June 16, 1933, 48 Stat. 311; 28 U. S. C., sec. 780a.)

MINERAL LANDS AND MINING LANDS CONTAINING COAL, PHOSPHATES, PETROLEUM, OIL, OIL SHALE, GAS,

SODIUM, POTASSIUM, ETC., AND BUILDING STONE 1549. Patents for oil or gas lands not denied because of transfer before discovery of oil or gas.—That in no case shall patent be denied to or for any lands heretofore located or claimed under the mining laws of the United States containing petroleum, mineral oil, or gas solely because of any transfer or assignment thereof or of any interest or interests therein by the original locator or locators, or any of them, to any qualified persons or person, or corporation, prior to discovery of oil or gas therein, but if such claim is in all other respects valid and regular, patent therefor not exceeding one hundred and sixty acres in any one claim shall issue to the holder or holders thereof, as in other cases: Provided, however, That such lands were not at the time of inception of development on or under such claim withdrawn from mineral entry. Mar. 2, 1911, sec. 1, 36 Stat. 1015; 30 U. S. C., sec. 103.)

1550. Agreements with applicants for patents as to disposition of oil or gas or proceeds thereof, pending determination of title thereto. That where applications for patents have been or may hereafter be offered for any oil or gas land included in an order of withdrawal upon which oil or gas has heretofore been discovered, or is being produced, or upon which drilling operations were in actual progress on October third, nineteen hundred and ten, and oil or gas is thereafter discovered thereon, and where there has been no final determination by the Secretary of the Interior upon such applications for patent, said Secretary, in his discretion, may enter into agreements, under such conditions as he may prescribe with such applicants for patents in possession of such land or any portions thereof, relative to the disposition of the oil or gas produced therefrom or the proceeds thereof, pending final determination of the title thereto by the Secretary of the Interior, or such other disposition of the same as may be authorized by law. Any money which may accrue to the United States under the provisions of this Act (30 U. S. C., secs. 103, 104] from lands within the Naval Petroleum Reserves shall be set aside for the needs of the Navy and deposited in the Treasury to the credit of a fund to be known as the Navy Petroleum Fund, which fund shall be applied to the needs of the Navy as Congress may from time to time direct, by appropriation or otherwise. (Mar. 2, 1911, sec. 2, 36 Stat. 1015; Aug. 25, 1914, 38 Stat. 708; 30 U. S. C., sec. 104.)

1551. Agricultural entry or purchase of lands withdrawn or classified as containing phosphate, nitrate, potash, oil, or gas.—That lands withdrawn or classified as phosphate, nitrate, potash, oil, gas, or asphaltic minerals, or which are valuable for those deposits, shall be subject to appropriation, location, selection, entry, or purchase, if otherwise available, under the nonmineral land laws of the United States, whenever such location, selection, entry, or purchase shall be made with a view of obtaining or passing title with a reservation to the United States of the deposits on account of which the lands are withdrawn or classified or reported as valuable, together with the right to prospect for, mine, and remove the same; but no desert entry made under the provisions of this Act [30 U. S. Ć., secs. 121-123] shall contain more than one hundred and sixty acres: Provided, That all applications to locate, select, enter, or purchase under this section shall state that the same are made in accordance with and subject to the provisions and reservations of this Act [30 U. S. C., secs. 121– 123]. (July 17, 1914, sec. 1, 38 Stat. 509; 30 U. S. C., sec. 121.)

1552. Same; patents; reservation in United States of reserved deposits ; acquisition of right to remove deposits.—That upon satisfactory proof of full compliance with the provisions of the laws under which the location, selection, entry, or purchase is made, the locator, selector, entryman, or purchaser shall be entitled to a patent to the land located, selected, entered, or purchased, which patent shall contain a reservation to the United States of the deposits on account of which the lands so patented were withdrawn or classified or reported as valuable, together with the right to prospect for, mine, and remove the same, such deposits to be subject to disposal by the United States only as shall be hereafter expressly directed by law. Any person qualified to acquire the reserved deposits may enter upon said lands with a view of prospecting for the same upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting, the measure of any such damage to be fixed by agreement of parties or by a court of competent jurisdiction. Any person who has acquired from the United States the title to or the right to mine and remove the reserved deposits, should the United States dispose of the mineral deposits in lands, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining and removal of the minerals therefrom, and mine and remove such minerals, upon payment of damages caused thereby to the owner of the land, or upon giving a good and sufficient bond or undertaking therefor in an action instituted in any competent court to ascertain and fix said damages: Provided, That nothing herein contained shall be held to deny or abridge the right to present and have prompt consideration of applications to locate, select, enter, or purchase, under the land laws of the United States, lands which have been withdrawn or classified as phosphate, nitrate, potash, oil, gas, or asphaltic mineral lands, with a view of disproving such classification and securing patent without reservation, nor shall persons who have located, selected, entered, or purchased lands subsequently withdrawn, or classified as valuable for said mineral deposits, be debarred from the privilege of showing, at any time before final entry, purchase, or approval of selection or location, that the lands entered, selected, or located are in fact nonmineral in character. (July 17, 1914, séc. 2, 38 Stat. 509; 30 U. S. C., sec. 122.)

1553. Same; persons locating lands subsequently withdrawn or classified.—That any person who has, in good faith, located, selected, entered, or purchased, or any person who shalí hereafter locate, select, enter, or purchase, under the nonmineral land laws of the United States, any lands which are subsequently withdrawn, classified, or reported as being valuable for phosphate, nitrate, potash, oil, gas, or asphaltic minerals, may, upon application therefor, and making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which patent shall contain a reservation to the United States of all deposits on account of which the lands were withdrawn, classified, or reported as being valuable, together with the right to prospect for, mine, and remove the same. (July 17, 1914, sec. 3, 38 Stat. 510; 30 U. S. C., sec. 123.)

1554. Agricultural entry or purchase of lands withdrawn or classified as containing sodium or sulphur.—That lands withdrawn, classified, or reported as valuable for sodium and/or sulphur and subject to prospecting, leasing, or development under the General Leasing Act of February 25, 1920, or Acts amendatory thereof or supplementary thereto [30 Ú. S. C., secs. 181–194, 201–208, 211-214, 221, 223-229, 241, 251, 261–263], shall be subject to appropriation, location, selection, entry, or purchase if otherwise available in the form and manner and subject to the reservations, provisions, limitations, and conditions of the Act of Congress approved July 17, 1914 (38 Stat. L. 509; U. S. C., title 30, sec. 123) : Provided, however, That lands lying within the geologic structure of a field, or withdrawn, classified, or reported as valuable for any of the minerals named herein and/or in any of said Acts, or upon which leases or prospecting permits have been applied for or granted, for the production of any of such minerals, shall not be subject to such appropriation, location, selection, entry, or purchase unless it shall be determined by the Secretary of the Interior that such disposal will not unreasonably interfere with operations under said leasing Acts. (Mar. 4, 1933, 47 Stat. 1570; 30 U. S. C., sec. 124.)

1555. Phosphate rock land; validity of bona fide locations prior to January 11, 1915; patents obtainable. That where public lands containing deposits of phosphate rock have heretofore been located in good faith under the placer-mining laws of the United States and upon which assessment work has been annually performed, such locations shall be valid and may be perfected under the provisions of said placer-mining laws, and patents whether heretofore or hereafter issued thereon shall give title to and possession of such deposits: Provided, That this Act shall not apply to any locations made subsequent to the withdrawal of such lands from location, nor shall it apply to lands included in an adverse or conflicting lode location unless such adverse or conflicting location is abandoned. (Jan. 11, 1915, 38 Stat. 792; 30 U. S. C., sec. 131.)

1556. Entry of lands valuable for building stone under placer-mining laws.—That any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims: Provided, That lands reserved for the benefit of the public schools or donated to any State shall not be subject to entry under this act [30 U. S. C., sec. 161]. (Aug. 4, 1892, sec. 1, 27 Stat. 348; 30 U. S. C., sec. 161.)

1557. Provision authorizing forest reserves not repealed.—That nothing in this act (30 U. S. C., sec. 161) shall be construed to repeal section twenty-four of the act entitled "An act to repeal timber-culture laws and for other purposes”, approved March third, eighteen hundred and ninety-one (16 U. S. C., sec. 471]. (Aug. 4, 1892, sec. 3, 27 Stat. 348; 30 U. S. C., sec. 161.)

1558. Mining laws extended to undisposed-of lands in Bitter Root Valley, Mont. That all the provisions of the mining laws of the United States are hereby extended and made applicable to the undisposed-of lands in the Bitter Root Valley, State of Montana, above the mouth of the Lo Lo Fork of the Bitter Root River, designated in the Act of June fifth, eighteen hundred and seventy-two: Provided, That all mining locations and entries heretofore made or attempted to be made upon said lands shall be determined by the Department of the Interior as if said lands had been subject to mineral location and entry at the time such locations and entries were made or attempted to be made: And provided further, That this Act shall not be applicable to lands withdrawn for administration sites for use of the Forest Service. (May 29, 1908, 35 Stat. 467.)

1559. Entry of saline lands under placer mining laws.—That all unoccupied public lands of the United States containing salt springs, or deposits of salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer-mining claims: Provided, That the same person shall not locate or enter more than one claim hereunder. (Jan. 31, 1901, 31 Stat. 745; 30 U. S. C., sec. 162.)

LEASES AND PROSPECTING PERMITS

IN GENERAL

1560. Land subject to disposition; helium; persons not entitled to benefits. That deposits of coal, phosphate, sodium, potassium, oil, oil shale, or gas, and lands containing such deposits owned by the

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