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shall aid or assist in the prosecution or support of any such claim, or receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall be fined not more than five thousand Punishment for. dollars, or imprisoned not more than one year, or both.*
Approved March 4, 1909 (35 Stat. 1088-1107).
REQUIREMENTS OF ATTORNEYS.
UNITED STATES REVISED STATUTES.
Oath of per
July 17, 1862, 12 S. 610.
Sec. 3478. Any person prosecuting claims, either_as
sons prosecuting attorney or on his own account, before any of the De- claims! partments or Bureaus of the United States, shall be required to take the oath of allegiance, and to support the Constitution of the United States, as required of persons in the civil service.
Sec. 3479. The oath provided for in the preceding sec-mWho may ad. tion may be taken before any justice of the peace, notary oath. public, or other person who is legally authorized to ad- 12 July, 17, 1862, minister an oath in the State or district where the same may be administered.
ACTS OF CONGRESS PASSED SUBSEQUENT TO THE
An Act Making appropriations for the payment of invalid and other
pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eighty-five, and for other purposes. Sec. 5. That the Secretary of the Interior may pre-teriterar o pre
Secretary of scribe rules and regulations governing the recognition seribe rules for of agents, attorneys, or other persons representing claim- agents, etc., in ants before his department, and may require of such per-elaime.
prosecution of sons, agents, and attorneys, before being recognized as representatives of claimants, that they shall show that they are of good moral character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their claims and such Secretary may, after notice and opportunity for a hearing, suspend or exclude from further practice before his department any such person, agent or attorney shown to be incompetent, disreputable, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud in any manner deceive, mislead, or threaten any claimant, or prospective claimant, by word, circular, letter, or by advertisement.
Approved July 4, 1884 (23 Stat. 98–101).
126 127 127
128 129 129 129 129
See “ Preemptions"; also “Soldiers' additional homesteads".
dent, and recorder of the General Land Office, and recorded.--Section •2288.-Entrymen may transfer for church, cemetery, school, or
right of way for railroads, telegraph, telephones, canals, reservoirs,
or ditches. Section 2289.—Qualifications of entryman-Limit of areaSection 2290.-Final proof, when and by whom to be made, and patent
prior to patent-----
drances. (See “Three-year law")---
but residence for one year required-Death of soldier in war.
Entry of 320 acres in certain States-Land to be designated-Addi
tional entries—No commutation.
raising entries for 640 acrés --Additional entries... Act of October 25, 1918--Additional stock-raising entries... Act of September 29, 1919-Sections 3 and 4 of the act of December 29, 1916, amended.
130 131 131 131 132
137 135 140 136 140 137
138 140 139 141
COAL LANDS, ENTRIES ON.-Act of March 3, 1909–-Locations, selec
tions, or entries on lands subsequently classified, claimed, or reported
as coal. Act of June 22, 1910_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 April 30, 1912; 37 Stat. 105)----Act of April 23, 1912–Coal lands in Alabama subject to act of June
22, 1910.Act of April 14, 1914-Patents in fee to issue if land is subsequently
classified as noncoal..
tural entries on oil and gas lands in Utah----
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-Final
proof may be submitted and patent issued at expiration of three
years--Requirements as to residence and cultivation--Act of August 24, 1912-Entryman may proceed under law under which
it was made.-Act of March 4, 1913—Settler may proceed under law existing at time
of settlement. Act of August 22, 1914-Entryman may be absent five months in two
periods Act of February 25, 1919-Additional leave of absence on account of
climatic conditions.. HOMESTEADS WITHIN FOREST RESERVES.-Act of June 11,
1906-Homestead entries may be allowed for agricultural lands within
forest reserves -
Forest Reserve made subject to entry---
subject to entry
Reserve made subject to entry----
on Indian lands theretofore opened to entry--
complete entry for one quarter section of land..
out proof of residenceSECOND HOMESTEAD ENTRIES.-Act of June 5, 1900-Second entry
allowed where first was commuted prior to that date-Purchaser of
Flathead Indian lands included..
abandoned through no fault of entryman..
August 30, 1890_Not to acquire title to more than 320 acres under
the public land laws.--. Act of March 3, 1891-The three hundred and twenty acre limitation
not to include mineral lands..
166 167 167
172 173 174 175 176 176 177 177 176 178
CITIZENSHIP.--Act of June 29, 1906—Aliens who make homestead en
eign women married to Americans.-
service in war equivalent to residence-
Mexican trouble excused from residence_
improvements while in military service during war with Germany----Act of August 31, 1918--Any person under 21 years of age in military
service during war with Germany may make entry----Act of September 13, 1918—Relinquishment by person under 21 years of
age not allowed-No fees to attorneys ----
or unavoidable casualty-
come subject to settlement and entry--
before whom made-Fees-False swearing---
whom made Act of March 2, 1889—Final proof may be taken within 10 days follow
ing day advertised Act of October 1, 1890—If vacancy in office of register or receiver the re
maining one may take final proof...--Act of January 31, 1903-Compulsory attendance of witnesses before reg
isters and receivers
papers to be used as evidence_---
war with Germany--
war with Germany. Act of April 7. 1922- Absence because of disability incurred in military
183 184 184 185 186
187 188 188
188 189 189 189
194 194 194
Act of February 23, 1923–Proofs, before whom, and when made_
date of settlement.---
after two years from date of receiver's final receipt. Act of March 3, 1891–Suits to annul patents to be brought within six
years Act of March 2, 1895—Patents may be engrossed by means of typewriters. Act of March 2, 1896_Suits to annual patents to railroads to be brought
within six years. Act of January 27, 1922—Transfer where certain entries have been er
roneously canceled LAND LOCATORS.-Act of February 23, 1917—Punishment for false
representations DISPOSSESSED OCCUPANTS.-Act of June 1, 1874—May have reme
dies in courts for improvements. END OF WAR WITH GERMANY.--Act of March 3, 1921-End of war
with Germany as to certain purposes... DEBTS OF ENTRYMEN.-Act of April 28, 1922—Homestead entries
not subject to certain debts.--.
UNITED STATES REVISED STATUTES.
Sec. 458. All patents issuing from the General Land Issue of patents Office shall be issued in the name of the United States, Apr. 25, 1812, and be signed by the President, and countersigned by :777Mar, 3,
1841, 5 S. . the recorder of the General Land Office; and shall be recorded in the office, in books to be kept for the purpose. .
Sec. 2288. Any bona fide settler under the preemp- Right of transtion, homestead, or other settlement law shall have the der homestead or right to transfer by warranty against his own acts any for certain public portion of his claim for church, cemetery, or school pur- purposes. poses, or for the right of way of railroads, telegraph, 17 S. 602 ; Mar: telephones, canals, reservoirs, or ditches for irrigation 1891, 26 s. or drainage across it; and the transfer for such public 1905, 33 s. 991: purposes shall in no way vitiate the right to complete and perfect the title to his claim.
Sec. 2289. Every person who is the head of a family, certaho may enter or who has arrived at the age of twenty-one years, and priated public is a citizen of the United States, or who has filed his May 20, 1862, declaration of intention to become such, as required by 12.8. 392; Feb the naturalization laws, shall be entitled to enter one 16';, Mar. 13, quarter-section, or a less quantity, of unappropriated Mar. 3, 1891, 26 public lands, to be located in a body in conformity to s. 1095. 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.