entry to one quar Patent. his final proof thereunder for a quantity of land less than May complete one hundred and sixty acres and received the receiver's ter section. final receipt therefor, shall be entitled under said laws to enter as personal right, and not assignable, by legal subdivisions of the public lands of the United States subject to homestead entry, so much additional land as added to the quantity previously so entered by him shall not exceed one hundred and sixty acres: Provided, That in no case shall patent issue for the land covered by such additional entry until the person making such additional entry shall have actually and in conformity with the homestead laws resided upon and cultivated the lands so additionally entered, and otherwise fully complied with such laws: Provided also, That this section shall not be construed as affecting any rights as to location of soldiers' certificates heretofore issued under section two thousand three hundred and six of the Revised Statutes. Approved, March 2, 1889 (25 Stat., 854). An Act Providing for second and additional homestead entries, and for other purposes. * Soldiers' certifi cates. try allowed withdence. age. SEC. 2. That any homestead settler who has hereto- Additional enfore entered, or may hereafter enter, less than one-quarter out proof of resisection of land may enter other and additional land lying contiguous to the original entry which shall not, with the land first entered and occupied, exceed in the aggregate Limit of acreone hundred and sixty acres, without proof of residence upon and cultivation of the additional entry; and if final proof of settlement and cultivation has been made for the original entry when the additional entry is made, then the patent shall issue without further proof: Provided, That this section shall not apply to or for the bene- Exception. fit of any person who does not own and occupy the lands covered by the original entry: And provided, That if the original entry should fail for any reason prior to patent, nal entry prohib or should appear to be illegal or fraudulent, the addi- its additional entional entry shall not be permitted, or, if having been try. initiated, shall be canceled. SEC. 3. That commutation under the provisions of section twenty-three hundred and one of the Revised Statutes shall not be allowed of an entry made under this act. Approved, April 28, 1904 (33 Stat., 527). SECOND HOMESTEAD ENTRIES. An Act For the relief of the Colorado Coopeartive Colony; to permit second homesteads in certain cases, and for other purposes. Patent. Failure in origi Commutation not allowed. try to home SEC. 2. That any person who has heretofore made en- Additional entry under the homestead laws and commuted same under steaders commut provisions of section twenty-three hundred and one of the ing first entry. Revised Statutes of the United States and the amendments thereto, shall be entitled to the benefits of the Purchasers homestead laws, as though such former entry had not been made, except that commutation under the provisions of section twenty-three hundred and one of the Revised Statutes shall not be allowed of an entry made under this section of this act. SEC. 3. That any person who prior to the passage of this act has made entry under the homestead laws, but from any cause has lost or forfeited the same, shall be entitled to the benefits of the homestead laws as though such former entry had not been made: Provided, That Flathead Indian persons who purchased land under and in accordance with lands, Montana, the terms of an act entitled "An act to provide for the sale of lands patented to certain members of the Flathead band of Indians in the Territory of Montana, and for other purposes," approved March second, eighteen hundred and eighty-nine, shall not be held to have impaired or exhausted their homestead rights by or on account of any such purchase. included. Second stead or desert mitted if former lost, etc. Approved, June 5, 1900 (31 Stat., 269). An Act Providing for second homestead and desert-land entries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, home-That any person otherwise duly qualified to make entry land entries per- or entries of public lands under the homestead or desertland laws, who has heretofore made or may hereafter make entry under said laws, and who, through no fault of his own, may have lost, forfeited, or abandoned the same, or who may hereafter lose, forfeit, or abandon same, shall be entitled to the benefits of the homestead or desertland laws as though such former entry or entries had never been made: Provided, That such applicant shall show to the satisfaction of the Secretary of the Interior that the prior entry or entries were made in good faith, were lost, forfeited, or abandoned because of matters. beyond his control, and that he has not speculated in his right nor committed a fraud or attempted fraud in connection with such prior entry or entries. Conditions. Leave of absence on account of crop failure. Approved, September 5, 1914 (38 Stat., 712). LEAVES OF ABSENCE. An Act To withdraw certain public lands from private entry, and for * SEC. 3. That whenever it shall be made to appear to the register and receiver of any public-land office, under such regulations as the Secretary of the Interior may prescribe, that any settler upon the public domain under existing law is unable, by reason of a total or partial destruction or failure of crops, sickness, or other unavoidable casualty, to secure a support for himself, herself, or those dependent upon him or her upon the lands settled upon, then such register and receiver may grant to such a ment of claim to Be it enacted by the Senate and House of Representatives Relinquish of the United States of America in Congress assembled, lands. That when a preemption, homestead, or timber-culture claimant shall file a written relinquishment of his claim in the local land office, the land covered by such claim shall be held as open to settlement and entry without further action on the part of the Commissioner of the General Land Office. * Approved, May 14, 1880 (21 Stat., 140). CONTESTS. An Act To amend section two of an act approved May fourteenth, eighteen hundred and eighty, being "An act for the relief of settlers on public lands." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two of an act approved May fourteenth, eighteen hundred and eighty, entitled "An act for the relief of settlers on public land," be, and the same is hereby, amended so as to read as follows: testant of relin "SEC. 2. In all cases where any person has contested, Notice to conpaid the land-office fees, and procured the cancellation of quishment of conany preemption, homestead, or timber-culture entry, he testee's claim. shall be notified by the register of the land office of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands: Provided, That said register shall be Fee. entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant and not to be reported: Provided further, That should any such person who has ini- Death of contiated a contest die before the final termination of the abate rights. same, said contest shall not abate by reason thereof, but his heirs who are citizens of the United States, may continue the prosecution under such rules and regulations as the Secretary of the Interior may prescribe, and said heirs shall be entitled to the same rights under this act that contestant would have been if his death had not occurred. Approved, July 26, 1892 (27 Stat., 270). testant not to test under home published. An Act To provide for the publication of notices of contest under the homestead, preemption, and tree-culture laws of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Notice of con- That the notices of contest now provided by law under stead law, how the homestead, preemption, and tree-culture laws of the United States shall, after the passage of this act, be printed in some newspaper printed in the county where the land in contest lies; and if no newspaper be printed in such county, then in the newspaper printed in the county nearest to such land. affidavit of occu whom made. Approved, June 3, 1878 (20 Stat., 91). PROOFS. An Act To amend section twenty-two hundred and ninety-one of the Revised Statutes of the United States, in relation to proof required in homestead entries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Homesteaders' That the proof of residence, occupation, or cultivation, pation, before the affidavit of non-alienation, and the oath of allegiance, required to be made by section twenty-two hundred and ninety-one of the Revised Statutes of the United States, may be made before the judge, or in his absence, before the clerk of any court of record of the county and State, or district and Territory in which the lands are situated; and if said lands are situated in any unorganized county such proof may be made in a similar manner in any adjacent county in said State or Territory; and the proof, affidavit, and oath, when so made and duly subscribed, shall have the same force and effect as if made before the register or Affidavit trans- receiver of the proper land district; and the same shall mitted to regis be transmitted by such judge, or the clerk of his court, to the register and the receiver, with the fee and charges allowed by law to him; and the register and receiver shall be entitled to the same fees for examining and approving said testimony as are now allowed by law for taking the same. ter; fees. SEC. 2. That if any witness making such proof, or the said applicant making such affidavit or oath, swears False affidavit. falsely as to any material matter contained in said proof, affidavits, or oaths, the said false swearing being willful and corrupt, he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. Approved, March 3, 1877 (19 Stat., 403). An Act To provide additional regulations for homestead and preemption entries of public lands. preemption en Notice of final Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That before final proof shall be submitted by any person claiming to enter agricultural lands under the laws providing for preemption or homestead entries, such per- Homestead and son shall file with the register of the proper land office tries. a notice of his or her intention to make such proof, stat-proof. ing therein the description of lands to be entered and the names of the witnesses by whom the necessary facts will be established. Upon the filing of such notice the register shall publish a notice, that such application has been Publication, made, once a week for the period of thirty days, in a newspaper to be by him designated as published nearest to such land, and he shall also post such notice in some conspicuous place in his office for the same period. Such notice shall contain the names of the witnesses as stated in the application. At the expiration of said period of thirty days the claimant shall be entitled to make proof in the manner heretofore provided by law. The Secretary of the Interior shall make all necessary rules for giving effect to the foregoing provisions. Approved, March 3, 1879 (20 Stat., 472). An Act To amend sections twenty-two hundred and sixty-two and twenty-three hundred and one of the Revised Statutes of the United States in relation to the settler's affidavit in preemption and commuted homestead entries. where and before Be it enacted by the Senate and House of Representatives Affidavit, of the United States of America in Congress assembled, whom made. That the affidavit required to be made by sections twentytwo hundred and sixty-two and twenty-three hundred and one of the Revised Statutes of the United States may be made before the clerk of the county court or of any court of record of the county and State or district and Territory in which the lands are situated; and if said lands are situated in any unorganized county, such affidavit may be made in a similar manner in any adjacent county in said State or Territory, and the affidavit, so made and duly subscribed, shall have the same force and effect as if made before the register or receiver of the proper land district; and the same shall be transmitted by such clerk of the court to the register and receiver with the fee and charges allowed by law. Approved, June 9, 1880 (21 Stat., 169). An Act To withdraw certain public lands from private entry, and for other purposes. proof. SEC. 7. That the "act to provide additional regulations Completing for homestead and preemption entries of public land,' approved March third, eighteen hundred and seventynine, shall not be construed to forbid the taking of testi mony for final proof within ten days following the day Time extended. |