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amining, survey

tural lands.

the homestead laws applicable to the national forests, and the sum of $100,000 is hereby appropriated for the Expenses of ex- purposes aforesaid: Provided, That not to exceed $35,000 ing, etc., agricul- of this sum may be expended under the direction of the Secretary of Agriculture for the examination, survey, and platting of certain lands now listed or to be listed within national forests chiefly valuable for agriculture and describing such lands by metes and bounds, as required by the act of June eleventh, nineteen hundred and six (Thirty-fourth Statute, page two hundred and thirtythree), and the act of March third, eighteen hundred and ninety-nine (Thirtieth Statute, page ten hundred and Work by Forest ninety-five), and hereafter such surveys, and the plats Service employ- and field notes thereof, shall be made by employees of the Forest Service, to be designated by the United States surveyor general, and such surveys and the plats and field notes thereof shall be approved by the United States surveyor general:

ees.

Permits for hotels, etc., in national forests.

Extract from the agricultural appropriation act, approved March 4, 1915 (38 Stat., 1101).

That hereafter the Secretary of Agriculture may, upon such terms as he may deem proper, for periods not exceeding thirty years, permit responsible persons or associations to use and occupy suitable spaces or portions of ground in the national forests for the construction of summer homes, hotels, stores, or other structures needed. for recreation or public convenience, not exceeding five acres to any one person or association, but this shall not be construed to interfere with the right to enter homesteads upon agricultural lands in national forests as now provided by law.

HOMESTEADS.

Page.
See "Preemptions"; also "Soldiers' additional homesteads." 206, 314
For homesteads within withdrawn areas, see "Withdrawal of
lands."

Revised Statutes.-Sec. 458-Patents to be signed by President,
and recorder of the General Land Office, and recorded...
Sec. 2288.-Entryman may transfer for church, cemetery, school,
or right of way for railroads, telegraph, telephones, canals,
reservoirs, or ditches.....

Sec. 2289.-Qualifications of entryman-Limit of area

391

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Sec. 2291.-Certificate and patent, when issued. (See "Threeyear law").

Sec. 2290.-Final proof, when and by whom to be made, and patent to issue Citizenship....

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Sec. 2292.-Rights of infant children on death of father and mother..

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Sec. 2293.-Persons in military or naval service...
Sec. 2294.-Officers before whom, and where, proofs may be
made False affidavits-Fees..

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Secs. 2295-2296.-Record of applications-Lands not subject to debts prior to patent.....

Sec. 2297.-Abandonment for more than six months-Climatic hindrances. (See "Three-year law").....

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Sec. 2298.-Limit of one quarter section.....
Sec. 2299.-Effect of prior preemption

Sec. 2300.-Minors having had Army or Navy service during war.
Sec. 2301.-Commutation after 14 months from entry
Sec. 2302.-No distinction on account of race or color-Mineral
lands not subject......

Sec. 2304.-Persons having served in Army or Navy during war.
Sec. 2305.-Credit on homestead for time of military service in
war, but residence for one year required-Death of soldier in

war.

Sec. 2308.-Service in the Army or Navy equivalent to residence.
Sec. 2309.-Who may file declaratory statement by agent.......
Sec. 2372.-Procedure to correct error in description of land

entered....

Sec. 2448.-Effect of patent issued after death of entryman ENLARGED HOMESTEADS.-Act of February 19, 1909 (35 Stat., 639), as amended by the acts of June 13, 1912 (37 Stat., 132), February 11, 1913 (37 Stat., 666), March 3, 1915 (38 Stat., 953), March 3, 1915 (38 Stat., 956), and March 4, 1915 (38 Stat., 1162) 320 acres permitted in certain States-Land to be des ignated as nonirrigable-Additional contiguous entries-Area to be cultivated-No commutation-Residence on land not required in Utah where water insufficient for domestic use... Act of June 17, 1910 (36 Stat., 531)-Enlarged homesteads in Idaho Where no water for domestic use residence must be within 20 miles

Act of August 9, 1912 (37 Stat., 267)-Preference right to settler on certain conditions....

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Act of March 4, 1915 (38 Stat., 1162)—Certain entries made prior to January 1, 1914, validated...

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Act of March 4, 1915 (38 Stat., 1162)-Applications for land not designated to be suspended pending determination of character of land.

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COAL LANDS, ENTRIES ON.-Act of March 3, 1909 (35 Stat., 844)-Locations, selections, or entries on lands subsequently classified, claimed, or reported as coal......

Act of June 22, 1910 (36 Stat., 583)-Lands withdrawn, classified, or valuable, for coal, subject to disposition under the homestead or desert-land laws, selection under Carey Act and withdrawal under reclamation act. (For State selections, see act of Apr. 30, 1912, 37 Stat., 105).

Act of April 23, 1912 (37 Stat., 90)-Coal lands in Alabama subject
to act of June 22, 1910...

Act of April 14, 1914 (38 Stat., 335)-Patents in fee to issue if land
is subsequently classified as noncoal..
PHOSPHATE, OIL, ETC., LANDS.-Act of July 17, 1914 (38
Stat., 509)-Lands withdrawn classified or valuable for phos-
phate, nitrate, potash, oil, gas, or asphaltic minerals, subject
to location, selection, entry, or purchase reserving the deposits
to the United States...
THREE-YEAR HOMESTEAD LAWS.-Act of June 6, 1912 (37
Stat., 123)-Final proof may be submitted and patent issued
at expiration of three years-Requirements as to residence
and cultivation..

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Act of August 24, 1912 (37 Stat., 455)-Entryman may proceed under law under which it was made.....

Act of March 4, 1913 (37 Stat., 925)-Settler may proceed under law existing at time of settlement.

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Act of August 22, 1914 (38 Stat., 704)-Entryman may be absent five months in two periods...

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HOMESTEADS WITHIN FOREST RESERVES.-Act of June 11, 1906 (34 Stat., 233)-Homestead entries may be allowed for agricultural lands within forest reserves.

Act of February 8, 1907 (34 Stat., 883)-Certain formerly excepted
lands in Black Hills Forest Reserve made subject to entry..
Act of May 30, 1908 (35 Stat., 554)-Certain formerly excepted
lands in California made subject to entry

Act of July 3, 1912 (37 Stat., 188)-Certain formerly excepted
lands in Black Hills Forest Reserve made subject to entry..
Act of March 3, 1911 (36 Stat., 1084)-Certain erroneously al-
lowed entries validated.
KINKAID ACT.-Act of April 28, 1904 (33 Stat., 547), as amended
by the act of May 29, 1908 (35 Stat., 465)-Homestead entries for
640 acres allowed on certain lands in Nebraska...
Act of March 2, 1907 (34 Stat., 1224)-Qualifications of entry-
men- - Military Service-Isolated tracts

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Act of August 24, 1912 (37 Stat., 499)-Qualifications of entrymen. MARRIED WOMEN.-Act of June 6, 1900 (31 Stat., 683)-Marriage of entrywoman..

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Act of February 24, 1911 (36 Stat., 929)—Wife of insane alien... Act of April 6, 1914 (38 Stat., 312)-Marriage of entryman and entry woman.

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Act of October 17, 1914 (38 Stat., 740)-Entrywoman marrying an alien...

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Act of October 22, 1914 (38 Stat., 766)-Deserted wife of entry

man.

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SETTLERS.-Act of May 14, 1880 (21 Stat., 140)-Time allowed
settlers to put claim of record..

Act of June 8, 1880 (21 Stat., 166)-Proof and patent in event
entryman becomes insane...
RESIDENCE-MILITARY SERVICE.-Act of June 16, 1898 (30
Stat., 473) Military service in war equivalent to residence..
THREE HUNDRED AND TWENTY ACRE LIMITATION.-
Act of August 30, 1890 (26 Stat., 391)-Not to acquire title to
more than 320 acres under the public land laws...
Act of March 3, 1891 (26 Stat., 1101)-The three hundred and
twenty acre limitation not to include mineral lands.

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FREE HOMESTEAD LAWS.-Act of May 17, 1900 (31 Stat., Page.
179)-Free homesteads on Indian lands theretofore opened to
entry..

Act of January 26, 1901 (31 Stat., 740)-Commutation allowed..
Act of May 22, 1902 (32 Stat., 203)-Second entries...
ADDITIONAL HOMESTEÁD ÉNTRIES.—Act of March 2,
1889 (25 Stat., 854)-May complete entry for one quarter sec-
tion of land..

Act of April 28, 1904 (33 Stat., 527)—Additional entry of adjoin-
ing land allowed without proof of residence...
SECOND HOMESTEAD ENTRIES.-Act of June 5, 1900 (31
Stat., 269) Second entry allowed where first was commuted
prior to that date-Purchasers of Flathead Indian lands in-
cluded...

Act of September 5, 1914 (38 Stat., 712)-Where former entry is
lost, forfeited, or abandoned through no fault of entryman....
LEAVES OF ABSENCE.-Act of March 2, 1889 (25 Stat., 854)—
Crop failures, sickness, or unavoidable casualty...
RELINQUISHMENTS.-Act of May 14, 1880 (21 Stat., 140)—
Lands relinquished become subject to settlement and entry..
CONTESTS.-Act of June 3, 1878 (20 Stat., 91)-Notice of con-
test to be published..

Act of July 26, 1892 (27 Stat., 270)-Notice to contestant-
Death of contestant..

PROOFS.-Act of March 3, 1877 (19 Stat., 403)-Homestead
affidavit of occupation, before whom made-Fees-False
swearing...

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Act of March 3, 1879 (20 Stat., 472)-Notice of final proof to be published....

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Act of June 9, 1880 (21 Stat., 169)-Homestead affidavit for entry, where and before whom made..

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Act of March 2, 1889 (25 Stat., 854)-Final proof may be taken within 10 days following day advertised...

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Act of October 1, 1890 (26 Stat., 657)-If vacancy in office of register or receiver the remaining one may take final proof.... Act of January 31, 1903 (32 Stat., 790)—Compulsory attendance of witnesses before registers and receivers..

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Act of April 19, 1904 (33 Stat., 186)-Commissioner authorized
to transmit original papers to be used as evidence......
Act of June 29, 1906 (34 Stat., 622)-Notary public interested,
disqualified...

Act of March 4, 1909 (35 Stat., 1111)-Perjury
COMMUTATION.-Act of June 3, 1896 (29 Stat., 197)-
Allowed after 14 months from date of settlement...
PATENTS.-Act of March 3, 1891 (26 Stat., 1098)-Correction of
clerical errors-Patent after two years from date of receiver's
final receipt..

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Act of March 3, 1891 (26 Stat., 1093)-Suits to annul patents to be brought within six years..

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Act of March 2, 1896 (29 Stat., 42)-Suits to annul patents to railroads to be brought within six years....

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Act of March 2, 1895 (28 Stat., 807)-Patents may be engrossed by means of typewriters...

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DISPOSSESSED OCCUPANTS.-Act of June 1, 1874 (18 Stat., 50)-May have remedies in courts for improvements....

UNITED STATES REVISED STATUTES.

SEC. 458. All patents issuing from the General Land Office shall be issued in the name of the United States, and be signed by the President, and countersigned by the recorder of the General Land Office; and shall be recorded in the office, in books to be kept for the purpose.

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Right of transfer of settlers un

preemption laws

purposes.

SEC. 2288. Any boda fide settler under the preempder homestead or tion, homestead, or other settlement law shall have the for certain public right to transfer by warranty against his own acts any V3, 1873, 17 portion of his claim for church, cemetery, or school purS., 602; Mar. 3, poses, or for the right of way of railroads, telegraph, teleMar. 3, 1905, 33 S., phones, canals, reservoirs, or ditches for irrigation or drainage across it; and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to his claim.

1891, 26 S., 1095;

991.

certain unappro

lands.

May 20, 1862,

1874, 18 S., 15;

22; Mar. 26 S., 1095.

Who may enter SEC. 2289. Every person who is the head of a family, priated public or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his 12 S., 392; Feb. 11, declaration of intention to become such, as required by Mar. 13, 1874, 18 S., the naturalization laws, shall be entitled to enter one 2153, 1891, quarter-section, or a less quantity, of unappropriated public lands, to be located in a body in conformity to the legal subdivisions of the public lands; but no person who is the proprietor of more than one hundred and sixty acres of land in any State or Territory shall acquire any right under the homestead law. And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres.

Mode of procedure.

S., 392; Mar. 21,

Mar. 3, 1875, 18 S.,

26 S., 1095.

SEC. 2290. That any person applying to enter land May 20, 1862, 12 under the preceding section shall first make and sub1864, 13 S., 35; scribe before the proper officer and file in the proper June 21, 1866, 14 land office an affidavit that he or she is the head of a S., 67; June 22, 1874, 18 S., 192: family, or is over twenty-one years of age, and that such 420; Mar. 3, 1891, application is honestly and in good faith made for the purpose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation, and that he or she will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied for; that he or she is not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that he or she does not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for himself, or herself, and that he or she has not directly or indirectly made, and will not make, any agreement or contract in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the title which he or she might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person, except himself, or herself, and upon filing such affidavit with the register or receiver on payment of five dollars, when the entry is of not more than eighty acres, and on payment of ten dollars, when the entry is for more than eighty acres, he or she shall

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