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marrying an alien

An Act To provide for certificate of title to homestead entry by a female
American citizen who has intermarried with an alien.

Female citizen Be it enacted by the Senate and House of Representatives may receive of the United States of America in Congress assembled, homestead pat-That any female citizen of the United States who has

ent.

tries may be com

ed wives.

initiated a claim to a tract of public land under any of the laws applicable thereto, and who thereafter has complied with all the conditions as to the acquisition of title to such land prescribed by the public-land laws of the United States, shall, notwithstanding her intermarriage with an alien, who is entitled to become a citizen of the United States, be entitled to a certificate or patent to such entry equally as though she had remained unmarried or had married an American citizen.

Approved, October 17, 1914 (38 Stat., 740).

An Act To provide for issuing of patents for public lands claimed under the homestead laws by deserted wives.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in any case in which persons have regularly initiated claims to public lands as settlers thereon under the provisions of the homestead laws and the wife of such homestead settler or entryman, while residing upon the homestead claim and prior to submission of final proof of residence, cultivation, and improvement as prescribed by Homestead en- law, has been abandoned and deserted by her husband pleted by desert- for a period of more than one year, the deserted wife shall, upon establishing the fact of such abandonment_or desertion to the satisfaction of the Secretary of the Interior, be entitled to submit proof upon such claim and Issue of patent. obtain patent therefor in her name in the form, manner, and subject to the conditions prescribed in section twenty-two hundred and ninety-one of the Revised Statutes of the United States and acts supplemental thereto and amendatory thereof: Provided, That in such Proof of resi- cases the wife shall be required to show residence upon, cultivation, and improvement of the homestead by herself for such time as when, added to the time during which her husband prior to desertion had complied with the law, would aggregate the full amount of residence, improvement, and cultivation required by law: And proNotices to be vided further, That the published and posted notices of intention to submit final proof in such cases shall recite the fact that the proof is to be offered and patent sought by applicant as a deserted wife, and, prior to its submission, notice thereof shall be served upon the husband of the applicant in such a manner and under such rules and regulations as the Secretary of the Interior shall prescribe.

dence required.

posted, etc.

Approved, October 22, 1914 (38 Stat., 766).

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tlers on public

SEC. 3. That any settler who has settled, or who shall Rights of sethereafter settle, on any of the public lands of the United lands. States, whether surveyed or unsurveyed, with the intention of claiming the same under the homestead laws, shall be allowed the same time to file his homestead application and perfect his original entry in the United States Land Office as is now allowed to settlers under the preemption laws to put their claims on record, and his right shall relate back to the date of settlement the same as if he settled under the preemption laws.

Approved, May 14, 1880 (21 Stat., 140).

An Act To provide for issuing patents for public lands claimed under the preemption and homestead laws in cases where the claimants have become insane.

in cases

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which parties who regularly initiated claims to public lands as settlers thereon, according to the provisions of the preemption or homestead laws, have become insane or shall hereafter become insane before the expira-Patents for pubtion of the time during which their residence, cultivation, of insanity. or improvement of the land claimed by them is required by law to be continued in order to entitle them to make the proper proof and perfect their claims, it shall be lawful for the required proof and payment to be made for their benefit by any person who may be legally authorized to act for them during their disability, and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the General Land Office that the parties complied in good faith with the legal requirements up to the time of their becoming insane, and the requirements in homestead entries of an affidavit of allegiance by the applicant in certain cases as a prerequisite to the issuing of the patents shall be dispensed with so far as regards such insane parties.

Approved, June 8, 1880 (21 Stat.,166).

RESIDENCE-MILITARY SERVICE.

An Act For the protection of homestead settlers who enter the military or naval service of the United States in time of war.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in every case in which a settler on the public land of the United States under the homestead laws enlists or is actu-,,Absence of setally engaged in the Army, Navy, or Marine Corps of the soldier, etc., to be United States as private soldier, officer, seaman, or ma- dence. equivalent to resirine, during the existing war with Spain, or during any

tler enlisted as a

other war in which the United States may be engaged, his services therein shall, in the administration of the homestead laws, be construed to be equivalent to all intents and purposes to residence and cultivation for the same length of time upon the tract entered or settled upon; and hereafter no contest shall be initiated on the ground of abandonment, nor allegation of abandonment sustained against any such settler, unless it shall be alleged in the preliminary affidavit or affidavits of contest, and proved at the hearing in cases hereafter initiated, that the settler's alleged absence from the land was not due to his employment in for such service: Provided, That if such settler shall be discharged on account of wounds received or disability incurred in the line of duty, then the term of his enlistment shall be deducted from the required length of residence One year's resi- without reference to the time of actual service: Provided, further, That no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements.

Discharge disability.

dence necessary.

Acquirement of title under land

laws limited

320 acres.

Approved, June 16, 1898 (30 Stat.,473).

THREE HUNDRED AND TWENTY ACRE LIMITA

TION.

Extract from the sundry civil appropriation act, approved, August 30, 1890 (26 Stat., 391).

No person who shall, after the passage of this act, enter to upon any of the pubic lands with a view to occupation, entry, or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and Exceptions to twenty acres in the aggregate, under all of said laws, but this limitation shall not operate to curtail the right of any person who has heretofore made entry or settlement on the public lands, or whose occupation, entry, or settlement is validated by this act.

imitation.

Maximum land

entries not to in

claims.

An Act To repeal timber-culture laws, and for other purposes. SEC. 17. * * * and that the provisions of "An act clude mining making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes," which reads as follows, viz: "No person who shall after the passage of this act enter upon any of the public lands with a view to occupation, entry, or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate under all said laws," shall be construed to include in the maximum amount of lands the title to which is permitted to be acquired by one person only agricultural lands, and not include lands entered or sought to be entered under mineral-land laws.

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FREE HOMESTEAD ACT.

An Act Providing for free homesteads on the public lands for actual and bona fide settlers, and reserving the public lands for that purpose.

settlers.

home

Be it enacted by the Senate and House of Representatives Free of the United States of America in Congress assembled, That steads for actual all settlers under the homestead laws of the United States upon the agricultural public lands, which have already been opened to settlement, acquired prior to the passage of this act by treaty or agreement from the various Indian tribes, who have resided or shall hereafter reside upon the tract entered in good faith for the period required by existing law, shall be entitled to a patent for the land so entered upon the payment to the local land officers of the usual and customary fees, and no other or further charge of any kind whatsoever shall be required from such settler to entitle him to a patent for the land covered by his entry: Provided, That the right to commute any Right to comsuch entry and pay for said lands in the option of any such mute. settler and in the time and at the prices now fixed by existing laws shall remain in full force and effect: Provided, however, That all sums of money so released which if not Payments released would belong to any Indian tribe shall be paid to such Indian tribe by the United States, and that in the event that the proceeds of the annual sales of the public lands shall not be sufficient to meet the payments heretofore provided for agricultural colleges and experimental Agricultural stations by an act of Congress, approved August thir- colleges, etc. tieth, eighteen hundred and ninety, for the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an act of Congress, approved July second, eighteen hundred and sixty-two, such deficiency shall be paid by the United States: And provided further, That no lands shall be herein included on which the United certain States Government had made valuable improvements, or not included lands that have been sold at public auction by said Gov

ernment.

Indians.

SEC. 2. That all acts or parts of acts inconsistent with Repeal. the provisions of this act are hereby repealed.

Approved, May 17, 1900 (31 Stat., 179).

An Act To allow the commutation of homestead entries in certain cases.

to

lands

to settlers under

homestead law author

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Commutation the provisions of section twenty-three hundred and one the free of the Revised Statutes of the United States, as amended, ized. allowing homestead settlers to commute their homestead entries be, and the same hereby are, extended to all homestead settlers affected by or entitled to the benefit of the provisions of the act entitled "An act providing for free homesteads on the public lands for actual and bona

Price.

stead entries permitted

fide settlers, and reserving the public lands for that purpose," approved the seventeenth day of May, anno Domini nineteen hundred: Provided, however, That in commuting such entries the entryman shall pay the price provided in the law under which original entry was made. Approved, January 26, 1901 (31 Stat., 740).

An Act To allow the commutation of and second homestead entries in certain cases.

*

Second home- SEC. 2. That any person who, prior to the passage of settlers an act entitled "An act providing for free homesteads on prior to May 17, the public lands for actual and bona fide settlers, and

entry.

reserving the public lands for that purpose," approved May seventeenth, nineteen hundred, having made a homestead entry and perfected the same and acquired title to the land by final entry by having paid the price provided in the law opening the land to settlement, and who would have been entitled to the provisions of the act before cited had final entry not been made prior to the passage of said act, may make another homestead entry of not exceeding one hundred and sixty acres of any of the public lands in any State or Territory subject to homeProof of former stead entry: Provided, That any person desiring to make another entry under this act will be required to make affidavit, to be transmitted with the other filing papers now required by law, giving the description of the tract formerly entered, date and number of entry, and name of the land office where made, or other sufficient data to admit of readily identifying it on the official records: Qualification. And provided further, That said person has all the other proper qualifications of a homestead entryman: And Restriction on provided also, That commutation under section twentythree hundred and one of the Revised Statutes or any amendment thereto, or any similar statute, shall not be permitted of an entry made under this act, excepting where the final proof, submitted on the former entry hereinbefore described, shows a residence upon the land covered thereby for the full period of five years or such term of residence thereon as added to any properly credited military or naval service shall equal such period of five years.

commutation.

Homestead set

tlers.

Approved, May 22, 1902 (32 Stat., 203).

ADDITIONAL HOMESTEAD ENTRIES.

An Act To withdraw certain public lands from private entry, and for other purposes.

SEC. 6. That every person entitled, under the provisions of the homestead law, to enter a homestead, who has heretofore complied with or who shall hereafter comply with the conditions of said laws, and who shall have made

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