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Transfers to corpo
under any such certificate, lease, or agreement, continue so to hold or become entitled to a homestead lease or patent of the land, unless he shall have become a citizen within five years after so taking.
“No land for which any such certificate, lease, or agreement shall rations or alienstrehereafter be issued, or any part thereof or interest therein or control stricted. thereof, shall, without the written consent of the commissioner and governor, thereafter, whether before or after a homestead lease or patent has been issued thereon, be or be contracted to be in any way, directly or indirectly, by process of law or otherwise, conveyed, mortgaged, leased, or otherwise transferred to or acquired or held by Before issue of pator for the benefit of any alien or corporation; or, before or after the ents, etc. issuance of a homestead lease or before the issuance of a patent, to or by or for the benefit of any other person; or, after the issuance of a patent, to or by or for the benefit of any person who owns, holds, or controls, directly or indirectly, other land or the use thereof the combined area of which and the land in question exceeds eighty acres: Provided, That these prohibitions shall not apply to transfers or acquisitions by inheritance or between tenants in common.
Any land in respect of which any of the foregoing provisions shall Forfeiture for violabe violated shall forthwith be forfeited and resume the status of public land and may be recovered by the Territory or its successors in an action of ejectment or other appropriate proceeding. And noncompliance with the terms of any such certificate, lease, or agreement, or of the law applicable thereto, shall entitle the commissioner, with the approval of the governor before patent has been issued, with or without legal process, notice, demand, or previous entry, to retake possession and thereby determine thé estate: Provided, That the times
Extension of time. limited for compliance with any such terms may be extended by the commissioner, with such approval, upon its appearing that an effort has been made in good faith to comply therewith.
"The persons entitled to take under any such certificate, lease, or agreement shall be determined by drawing or lot, after public notice as hereinafter provided; and any lot not taken, or taken and forfeited, or any lot or part thereof surrendered with the consent of the commissioner, which is hereby authorized, may be disposed of upon application at not less than the advertised price by any such certificate, lease, or agreement without further notice. The notice of any sale, drawing, or allotment of public land shall be by publication for a period of not less than sixty days in one or more newspapers of general circulation published in the Territory.
"The commissioner, with the approval of the governor, may give en Preference to presto any citizen of the United States or to any person who has legally declared his intention to become a citizen, and who shall hereafter become such, which said person has, or who and whose predecessors in interest have, improved any parcel of public lands and resided thereon continuously since April thirtieth, nineteen hundred, a preference right to purchase so much of such parcel and such adjoining land as may reasonably be required for a home, at a fair price, to be determined by three disinterested citizens appointed by the governor, in the determination of which price the value of improvement shall, when deemed just and reasonable, be disregarded: Provided, however, That this privilege shall not extend to any original lessee or to an assignee of an entire lease of public lands.
"The commissioner may also, with such approval, issue, for a organizations nominal consideration, to any church or religious organization, or person or persons or corporation representing it, a patent for any parcel of public land occupied continuously for not less than five years heretofore and still occupied by it as a church site under the laws of Hawaii.
Proceedings to see cure lands.
Patents to religious
Limit of area or value.
“No sale of lands for other than homestead purposes, except as herein provided, and no exchange by which the Territory shall convey lands
exceeding either forty acres in area or five thousand dollars in value Leases of agricultu: shall be made. No lease of agricultural lands exceeding forty acres ral, pastoral, or waste
in area, or of pastoral or waste lands exceeding two hundred acres in Approval of board.
area, shall be made without the approval of two-thirds of the board of public lands which is hereby constituted, the members of which are to be appointed by the governor as provided in section eighty of this Act, and until the legislature shall otherwise provide said board shall con
sist of six members and its members be appointed for terms of four o residence years: Provided, however, That the commissioner may, with the
approval of said board, sell for residence purposes lots and tracts, not Lands for public exceeding three acres in area, and that sales of government lands may
be made upon the approval of said board whenever necessary to locate thereon railroad rights of way, railroad tracks, side tracks, depot grounds, pipe lines, irrigation ditches, pumping stations, reservoirs, factories and mills and appurtenances thereto, including houses for employees, mercantile establishments, hotels, churches, and private schools, and all such sales shall be limited to the amount
actually necessary for the economical conduct of such business or Approval by board. undertaking: Provided further, That no exchange of government lands
shall hereafter be made without the approval of two-thirds of the members of said board, and no such exchange shall be made except
to acquire lands directly for public uses. Agricultural lands. Opening to home
"Whenever twenty-five or more persons, having the qualifications of homesteaders, who have not theretofore made application under this Act shall make written application to the commissioner of public lands for the opening of agricultural lands for settlement in any locality or district, it shall be the duty of said commissioner to proceed expeditiously to survey and open for entry agricultural lands, whether unoccupied or under lease with the right of withdrawal, sufficient in area to provide homesteads for all such persons, together with all persons of like qualifications who shall have filed with such commissioner prior to the survey of such lands written applications for homesteads in the district designated in said applications. The lands to be so opened for settlement by said commissioner shall be either the specífic tract or tracts applied for or other suitable and available agricultural lands in the same geographical district and, as far as possible,
in the immediate locality of and as nearly equal to that applied for as Crops on leased may be available: Provided, however, That no leased land, under
cultivation, shall be taken for homesteading until any crops growing thereon shall have been harvested.
“It shall be the duty of the commissioner of public lands to cause to be surveyed and opened for homestead entry a reasonable amount of desirable agricultural lands and also of pastoral lands in various parts of the Territory for homestead purposes on or before January first, nineteen hundred and eleven, and he shall annually thereafter cause to be surveyed for homestead purposes such amount of agricultural lands and pastoral lands in various parts of the Territory as there may be demand for by persons having the qualifications of homesteaders; and in laying out any homestead the Commissioner of Public Lands shall include therein an amount, not exceeding eighty acres in area, sufficient to support thereon an ordinary family; and all necessary expenses for surveying and opening any such lands for homestead shall be paid for out of any funds of the territorial treasury derived from the sale or lease of the public lands, which funds are hereby made available for such purposes.
"Nothing herein contained shall be construed to prevent said compastoral lands.
missioner from surveying and opening for homestead purposes and as a single homestead entry public lands suitable for both agricultural and pastoral purposes, whether such lands be situated in one
Surveys for home. stead entries,
Rights of residence owners.
control, etc., public
est, etc., purposes.
body or detached tracts, to the end that homesteaders may be provided with both agricultural and pastoral lands wherever there is demand therefor; nor shall the ownership of a residence lot or tract, not exceeding three acres in area, hereafter disqualify any citizen from applying for and receiving any form of homestead entry, including a homestead lease.
“All lands in the possession, use, and control of the Territory shall Commissioner to hereafter be managed by the commissioner, except such as shall be lands. set aside for public purposes as hereinafter provided; all sales and other dispositions of such land shall be made by the commissioner or under his direction, for which purpose, if necessary, the land may be transferred to his department from any other department by direction of the governor, and all patents and deeds of such land shall issue from the office of the commissioner, who shall countersign the same and keep a record thereof. Lands conveyed to the Territory lantat
Status of exchanged in exchange for other lands that are subject to the land laws of Hawaii, as amended by this Act, shall, except as otherwise provided, have the same status and be subject to such laws as if they had previously been public lands of Hawaii. All orders setting aside eReservation for forlands for forest or other public purposes, or withdrawing the same, shall be made by the governor, and lands while so set aside for such purposes may be managed as may be provided by the laws of the Territory. The commissioner is hereby authorized to perform any mAuthority of comand all acts, prescribe forms of oaths, and, with the approval of the governor and said board, make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this section and the land laws of Hawaii into full force and effect."
SEC. 6. That section eighty-four of said Act is hereby amended to Disqualifications of read as follows:
judge or juror.
167, “SEC. 84. That no person shall sit as a judge or juror in any case in agendnds which his relative by affinity or by consanguinity within the third tended. degree is interested, either as a plaintiff or defendant, or in the issue of which the said judge or juror has, either directly or through such relative, any pecuniary interest; nor shall any person sit as a judge in any case in which he has been of counsel or on an appeal from any decision or judgment rendered by him, and the legislature of the Territory may add other causes of disqualification to those herein enumerated.'
Sec. 7. That section ninety-one of said Act is hereby amended to read as follows:
“Sec. 91. That, except as otherwise provided, the public property, ritory: ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July seventh, eighteen hundred and ninety-eight, shall be and remain in the possession, use, and control of the government of the Territory of Hawaii, and shall be maintained, managed, and cared for by it, at its own expense, until otherwise provided for by Congress, or taken for the uses and purposes of the United States by direction of the President or of the governor of Hawaii. And any such public status of restored property so taken for the uses and purposes of the United States may be restored to its previous status by direction of the President; and Title to property for the title to any such public property in the possession and use of the Territory for the purposes of water, sewer, electric, and other public works, penal, charitable, scientific, and educational institutions, cemeteries, hospitals, parks, highways, wharves, landings, harbor improvements, public buildings, or other public purposes, or required for any such purposes, may be transferred to the Territory by direction of the President, and the title to any property so transferred to cal subdivisions
Transfers to politithe Territory may thereafter be transferred to any city, county, or other political subdivision thereof by direction of the governor when thereunto authorized by the legislature.”
P. 159, amended.
Transferred to Ter.
Vol. 30, p. 750.
SEC. 8. That section ninety-two of said Act is hereby amended to read as follows:
“Sec. 92. That the following officers shall receive the following annual salaries to be paid by the United States: The governor, seven thousand dollars; the secretary of the Territory, four thousand dollars; the chief justice of the supreme court of the Territory, six thousand dollars; the associate justices of the supreme court, five thousand five hundred dollars each; the judges of the circuit courts, four thousand dollars each; the United States district attorney, four thousand dollars, the United States marshal, three thousand dollars. And the governor shall receive annually, in addition to his salary, the sum of five hundred dollars for stationery, postage, and incidentals; also his traveling expenses while absent from the capital on official business, and the sum of two thousand dollars annually for his private secretary.”
SEC. 9. That section one hundred of said Act is hereby amended by adding thereto the following:
“All records relating to naturalization, all declarations of intention to become citizens of the United States, and all certificates of naturalization filed, recorded, or issued prior to the taking effect of the naturalization Act of June twenty-ninth, nineteen hundred and six, in or from any circuit court of the Territory of Hawaii, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized."
Approved, May 27, 1910.
Vol. 31, 161, amended.
Status of records, certificates, etc., prior to June 29, 1906.
Vol. 34, p. 596.
ing site granted to.
CHAP. 259.-An Act To grant title to certain public land to the city of Santa (H.R.9101.)
Cruz, in the State of California, to be used for street purposes. [Public, No. 193.)
Be it enacted by the Senate and House of Representatives of the United Part of public build. States of America in Congress assembled, That the Secretary of the
Treasury be, and he is hereby, authorized to grant, relinquish, and convey, by quitclaim deed, to the city of Santa Cruz, in the State of California, a strip of land twenty feet in width off of the Water street side of the site of the federal building in said city of Santa Cruz, and extending along Water street a distance of one hundred and twenty feet, more or less, the said strip of land to be used for street purposes only: Provided, however, That' the city of Santa Cruz shall not have the right to sell or convey the land herein granted, or any part thereof, or to devote the same to any other purpose than as herein before described, and in the event that the land shall not be used for street purposes it shall revert to the United States. Declaration of forfeiture under this Act may be declared by the Secretary of the Interior.
Approved, May 27, 1910.
Reversion for nonuser.
May 30, 1910. CHAP. 260.–An Act To authorize the sale and disposition of a portion of the sur
(S. 183.] plus and unallotted lands in Mellette and Washabaugh counties in the Rosebud Indian (Public, No. 191.) Reservation in the State of South Dakota, and making appropriation and provision to
carry the same into effect.
Be it enacted by the Senate and House of Representatives of the United Indian States of America in Congress assembled, That the Secretary of the Reservations Dak. Interior be, and he is hereby, authorized and directed, as hereinafter
provided, to sell and dispose of all that portion of the Rosebud Indian Reservation, in the State of South Dakota, lying and being within
the counties of Mellette and Washabaugh, south of the White River, Description.
and being described and bounded as follows: Beginning at a point on the third guide meridian west where the township line between townships thirty-nine and forty intersects the same, thence north along
Sale of lands in.
Lunds reserved for agency, etc.
Patents to religious
said guide meridian to the middle of the channel of White River, thence west along the middle of the main channel of White River to the point of intersection with the line dividing the Rosebud and the Pine Ridge Indian reservations, thence south along the boundary line between said reservations to the township line separating townships thirty-nine and forty, thence east along said township line to the place of beginning, except such portions thereof as have been or may be Timber lands exhereafter allotted to Indians or otherwise reserved, and except lands classified as timber lands: Provided, That any Indians to whom allot
Relinquishment of ments have been made on the tract to be ceded may, in case they allotments. elect to do so before said lands are offered for sale, relinquish same and select allotments in lieu thereof on the diminished reservation: And provided further, That the Secretary of the Interior may reserve such lands as he may deem necessary for agency, school, and religious purposes, to remain reserved as long as needed and as long as agency, school, or religious institutions are maintained thereon for the benefit of said Indians: And provided further, That the Secretary of the Inte- organizations. rior is hereby authorized and directed to issue a patent in fee simple to the duly authorized missionary board, or other authority, of any religious organization heretofore engaged in mission or school work on said reservation for such lands thereon (not included in any townsite hereinafter provided for) as have heretofore been set apart to such organization for mission or school purposes.
Sec. 2. That the lands shall be disposed of under the general pro- menenes proclama visions of the homestead and town-site laws of the United States, tion. and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which the lands may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of said lands except as prescribed in such proclamation: Provided, That prior to said proclamation the allotments within the portion of the said Rosebud Reservation to be completed. disposed of as prescribed herein shall have been completed: Provided further, That the rights of honorably discharged Union soldiers and builoes not iera and sailors of the late civil and Spanish wars or Philippine insurrec- fected. tion as defined and described in sections twenty-three hundred and p. 422. four and twenty-three hundred and five of the Revised Statutes as amended by the Act of March first, nineteen hundred and one, shall not be abridged.
Sec. 3. That before any of the land is disposed of, as hereinafter provided, and before the State of South Dakota shall be permitted to fore school selections select or locate any lands to which it may be entitled by reason of the loss of sections sixteen or thirty-six, or any portions thereof, by reason of allotments thereof to any Indian or Indians, the Secretary of the Interior is authorized to reserve from said lands such tracts for town-site purposes as in his opinion may be required for the future public interests, and he may cause same to be surveyed into lots and blocks and disposed of under such regulations as he may prescribe; and he is hereby authorized to set apart and reserve for school, park, and other public purposes not more than ten acres in any townsite, and patents shall be issued for the lands so set apart and reserved for school, park, and other public purposes to the municipality legally charged with the care and custody of lands donated for such purposes. The purchase price of all town lots sold in town-sites, as Payments, etc. hereinafter provided, shall be paid at such time and in such installments as the Secretary of the Interior may direct, and he shall cause not more than twenty per centum of the net proceeds arising from such sales to be set apart and expended under his direction in the construction of schoolhouses or other public buildings or in improvements within the town-sites in which such lots are located. The net pro
R.S., secs. 2304, 2305,
Vol. 31, p. 817.
l'se of net proceeds.