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§ 156. Exemption of Homestead of Stockbridge Munsees.—The homestead secured by virtue of the preceding section shall not be subject to any tax, levy, or sale; nor shall it be sold, conveyed, mortgaged, or in any manner incumbered, except upon the decree of the district court of the United States, as provided in the following section.

13 Stat. 562; R. S. 2311.

§ 157. Stockbridge Munsees Becoming Citizens.—Whenever any of the chiefs, warriors, or heads of families of the tribes mentioned in section 2310 R. S., having filed with the clerk of the district court of the United States a declaration of his intention to become a citizen of the United States, and to dissolve all relations with any Indian tribe, two years previous thereto, appears in such court, and proves to the satisfaction thereof, by the testimony of two citizens, that for five years last past he has adopted the habits of civilized life; that he has maintained himself and family by his own industry; that he reads and speaks the English language; that he is well disposed to become a peaceable and orderly citizen; and that he has sufficient capacity to manage his own affairs; the court may enter a decree admitting him to all the rights of a citizen of the United States, and thenceforth he shall be no longer held or treated as a member of any Indian tribe, but shall be entitled to all the rights and privileges, and be subject to all the duties and liabilities to taxation, of other citizens of the United States. But nothing herein contained shall be construed to deprive such chiefs, warriors, or heads of families of annuities to which they are or may be entitled.

13 Stat. 562; R. S. 2312.

§ 158. Unsold Lands of the Ottawa and Chippewa Indians, how Opened for Homesteads.-The unoccupied lands in the reservation made for the Ottawa and Chippewa Indians, of Michigan, by the treaty of July 31, 1855, shall be open to homestead entry for six months from the tenth day of June, 1872, by Indians only of those tribes, who have not made selections or purchases under the treaty, including such members of the tribes as have become of age since the expiration of the ten years named in the treaty; and every Indian so entitled shall be permitted to make his homestead entry, at the local land office, within such six months, of not exceeding 160 acres, or one quarter-section of minimum, or 80 acres of double-minimum

land, on making proper proof of his right, under such rules as may be prescribed by the secretary of the interior.

17 Stat. 381; 18 Id. 516; 19 Id. 55; R. S. 2313.

§ 159. Selections for Minors under Preceding Section.-The collector of customs for the district in which such land is situated is authorized, and it is made his duty, to select for such minor children as would be entitled, under the preceding section, as the heirs of any Indian.

17 Stat. 381; 18 Id. 516; 19 Id. 55; R. S. 2314.

§ 160. Bona fide Settlers on Above Lands Prior to, etc.-All actual, permanent, bona fide settlers on any of such lands who settled prior to the first day of January, 1872, shall be entitled to enter either under the homestead laws or to pay for at the minimum or double-minimum price, as the case may be, not exceeding 160 acres of the former, or 80 acres of the latter class of land, on making proof of his settlement and continued residence before the expiration of six months from the tenth day of June, 1872.

17 Stat. 381; 18 Id. 516; 19 Id. 55; R. S. 2315.

§ 161. Certain Lands to be Patented to Indians Making Selections. All selections of such lands by Indians heretofore made, and regularly reported and recognized as valid and proper by the secretary of the interior and commissioner of Indian affairs, shall be patented to the respective Indians making the same; and all sales heretofore made and reported, where the same are regular and not in conflict with such selections, or with any other valid adverse right, except of the United States, are confirmed, and patents shall issue thereon as in other cases according to law.

17 Stat. 381; 18 Id. 516; 19 Id. 55; R. S. 2316.

§ 162. Cultivation of Trees on Homestead Tracts.-Every person having a homestead on the public domain, under the provisions of this chapter, who, at the end of the third year of his residence thereon, shall have had under cultivation, for two years, one acre of timber, the trees thereon not being more than twelve feet apart each way, and in a good, thrifty condition, for each and every sixteen acres of such homestead, shall, upon due proof of the fact by two credible witnesses, receive his patent for such homestead.

17 Stat. 606; 18 Id. 21, 481, 516; 19 Id. 54; R. S. 2317.

§ 163. Entry of One Hundred and Sixty Acres of Doubleminimum Lands Allowed after March 3, 1879-Additional Entry

of Adjoining Lands Allowed-New Entry, when Allowed.-From and after March 3, 1879, the even sections within the limits of any grant of public lands to any railroad company, or to any military road company, or to any state in aid of any railroad or military road, shall be open to settlers under the homestead laws to the extent of 160 acres to each settler; and any person who has, under existing laws, taken a homestead on any even section within the limits of any railroad or military road land grant, and who, by existing laws, shall have been restricted to 80 acres, may enter under the homestead laws an additional 80 acres adjoining the land embraced in his original entry, if such additional land be subject to entry; or, if such person so elect, he may surrender his entry to the United States for cancellation, and thereupon be entitled to enter lands under the homestead laws the same as if the surrendered entry had not been made. And any person so making additional entry of 80 acres, or new entry after the surrender and cancellation of his original entry, shall be permitted so to do without payment of fees and commissions; and the residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional or new entry, and shall be deducted from the five years' residence and cultivation required by law; provided, that in no case shall patent issue upon an additional or new homestead entry under this section until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced therein at least one year.

20 Stat. 472.

§ 164. Homestead Claimants or their Assignees may Purchase Lands at One Dollar and Twenty-five Cents per Acre in Certain Cases.-Persons who have heretofore, under any of the homestead laws, entered lands properly subject to such entry, or persons to whom the right of those having so entered for homesteads may have been attempted to be transferred by bona fide instrument in writing, may entitle themselves to said lands by paying the government price therefor, and in no case less than $1.25 per acre, and the amount heretofore paid the government upon said lands shall be taken as part payment of said price; provided, this shall in no wise interfere with the rights or claims of others who may have subsequently entered such lands under the homestead laws.

21 Stat. 237, 238.

$165. Confirmation of Homestead Entries within Railroad Limits Made Prior to Receipt of Notice of Withdrawal at Local Office.-All homestead entries, or entries in compliance with any law of the United States, of the public lands, made in good faith, by actual settlers, upon tracts of land of not more than 160 acres each, within the limits of any land grant, prior to the time when notice of the withdrawal of the lands embraced in such grant was received at the local land office of the district in which such lands are situated, or after their restoration to market by order of the general land office, and where the homestead laws have been complied with, and proper proofs thereof have been made by the parties holding such tracts or parcels, they shall be confirmed, and patents for the same shall issue to the parties entitled thereto.

19 Stat. 35, 36.

$166. Lands within Railroad Grants Re-entered by Claimants after Abandonment.—When at the time of such withdrawal, as stated in the preceding section, valid homestead claims existed upon any lands within the limits of any such grants which afterwards were abandoned, and, under the decisions and rulings of the land department, were re-entered by homestead claimants who have complied with the laws governing homestead entries, and shall make the proper proofs required under such laws, such entries shall be deemed valid, and patents shall issue therefor to the person entitled thereto.

19 Stat. 35, 36.

§ 167. Homestead Entries Made after Expiration of Land Grant Confirmed.-All such homestead entries which may have been made by permission of the land department, or in pursuance of the rules and instructions thereof, within the limits of any land grant at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such a claim to a patent therefor.

19 Stat. 35, 36.

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§ 168. Lands Subject to.—All lands belonging to the United States, to which the Indian title has been or may be extinguished, are, subject to the right of pre-emption, except: 1. Lands included in any reservation, by any treaty, law, or proclamation of the president for any purpose; 2. Lands included within the limits of any incorporated town, or selected as a site of a city or town; 3. Lands actually settled and occupied, for purposes of trade or business, and not for agriculture; 4. Lands on which are situated any known salines or mines.

R. S. 2257, 2258.

§ 169. Persons Entilled to Pre-empt.-Every person being the head of a family, or widow, or single person, over the age of 21 years, and a citizen of the United States, or having filed a declaration to become such, as required by the naturalization laws, who has made or hereafter makes a settlement in person on the public lands subject to pre-emption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon, is entitled to enter and pre-empt such land.

R. S. 2259.

Persons Who can not Pre-empt.-No person who is the proprietor of 320 acres of land in any state or territory, and no person who quits or abandons his residence on his own land to

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