HOMESTEADS. Page. Revised Statutes.-Sec. 458-Patents to be signed by President, Sec. 2289.-Qualifications of entryman-Limit of area Sec. 2290.—Final proof, when and by whom to be made, and patent to issue Citizenship.. 391 75 76 76 76 Sec. 2291.-Certificate and patent, when issued. (See “Threeyear law"). 77 Sec. 2292.-Rights of infant children on death of father and mother. Sec. 2293.-Persons in military or naval service... Secs. 2295-2296.—Record of applications-Lands not subject to Sec. 2297.-Abandonment for more than six months-Climatic Sec. 2298.-Limit of one quarter section. Sec. 2300.-Minors having had Army or Navy service during war. Sec. 2304.-Persons having served in Army or Navy during war. war.. Sec. 2308.-Service in the Army or Navy equivalent to residence. Sec. 2448.-Effect of patent issued after death of entryman Act of August 9, 1912 (37 Stat., 267)—Preference right to settler on certain conditions.. Act of March 4, 1915 (38 Stat., 1162)-Certain entries made prior to January 1, 1914, validated.. 86 Act of March 4, 1915 (38 Stat.. 1162)-Applications for land not designated to be suspended pending determination of character of land.. 87 COAL LANDS, ENTRIES ON.-Act of March 3, 1909 (35 Stat., Page. 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 Act of June 22, 1910 (36 Stat., 583)-Lands withdrawn, classified, or valuable, for coal, subject to disposition under the homestead or desert-land laws, selection under Carey Act and withdrawal under reclamation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 Act of April 14, 1914 (38 Stat., 335)-Patents in fee to issue if land Act of August 24, 1912 (37 Stat., 455)-Entryman may proceed Act of March 4, 1913 (37 Stat., 925)-Settler may proceed under law existing at time of settlement 87 88888 90 90 90 90 92 94 Act of August 22, 1914 (38 Stat., 704)-Entryman may be absent five months in two periods.. 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 Act of July 3, 1912 (37 Stat., 188)-Certain formerly excepted Act of August 24, 1912 (37 Stat., 499)-Qualifications of entrymen. 94 94 95 97 97 97 98 98 99 100 100 Act of February 24, 1911 (36 Stat., 929)—Wife of insane alien.. Act of April 6, 1914 (38 Stat., 312)—Marriage of entryman and entrywoman.. 101 101 Act of October 17, 1914 (38 Stat., 740)-Entrywoman marrying an alien..... 102 Act of October 22, 1914 (38 Stat., 766)—Deserted wife of entry man... 102 SETTLERS.-Act of May 14, 1880 (21 Stat., 140)—Time allowed settlers to put claim of record. 103 Act of June 8, 1880 (21 Stat., 166)—Proof and patent in event 103 103 104 104 FREE HOMESTEAD LAWS.-Act of May 17, 1900 (31 Stat., Page. Act of January 26, 1901 (31 Stat., 740)-Commutation allowed.. Act of April 28, 1904 (33 Stat., 527)-Additional entry of adjoin- Act of September 5, 1914 (38 Stat., 712)-Where former entry is Act of July 26, 1892 (27 Stat., 270)-Notice to contestant- PROOFS.-Act of March 3, 1877 (19 Stat., 403)-Homestead 105 105 106 106 107 107 108 108 109 110 109 110 Act of March 3, 1879 (20 Stat., 472)-Notice of final proof to be published.. 111 Act of June 9, 1880 (21 Stat., 169)-Homestead affidavit for entry, where and before whom made.. 111 Act of March 2, 1889 (25 Stat., 854)-Final proof may be taken within 10 days following day advertised.. 111 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. 112 112 Act of April 19, 1904 (33 Stat., 186)-Commissioner authorized Act of March 4, 1909 (35 Stat., 1111)-Perjury. 113 114 114 115 115 Act of March 3, 1891 (26 Stat., 1093)—Suits to annul patents to be brought within six years... 115 Act of March 2, 1896 (29 Stat., 42)-Suits to annul patents to railroads to be brought within six years.... 116 Act of March 2, 1895 (28 Stat., 807)-Patents may be engrossed by means of typewriters... 117 DISPOSSESSED OCCUPANTS.-Act of June 1, 1874 (18 Stat., 50)-May have remedies in courts for improvements... 118 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. Issue of patents Apr. 25, 1812, 1841, 5 S., 417. for lands. 2 S., 717; Mar. 3, 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 Mar. 3, 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. 1874, 18 S., 15; 22; Mar. 3, 1891, 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 May 20, 1862, 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 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, S., 67; June 22, 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 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 |