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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).



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.



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).
• Practically identical with sec. 5498, Revised Statutes.



320 654


125 125


126 127 127



128 129 129 129 129

129 129

See “ Preemptions"; also “Soldiers' additional homesteads".
For homesteads within withdrawn areas see “ Withdrawal of lands
REVISED STATUTES.—Section 458-Patents to be signed by Presi-

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

to issue-Citizenship----
Section 2291.-Certificate and patent, when issued. (See “Three-year

Section 2292.-Rights of infant children on death of father and mother--
Section 2293.-Persons in military or naval service ----
Section 2294.-Officers before whom, and where, proofs may be made-

False affidavits-Fees.-
Sections 2295–2296 —Record of applications--Lands not subject to debts

prior to patent-----
Section 2297.-Abandonment for more than six months—Climatic hin-

drances. (See “Three-year law")---
Section 2298.--Limit of one quarter section.
Section 2299.-Effect of prior preemption.-
Section 2300.-Minors having had Army or Navy service during war.
Section 2301.-Commutation after 14 months from entry---
Section 2302-No distinction on account of race or color--Mineral lands

not subject
Section 2304.—Persons having served in Army or Navy during war.
Section 2305.-Credit on homestead for time of military service in war,

but residence for one year required-Death of soldier in war.
Section 2308.-Service in the Army or Navy equivalent to residence--
Section 2309.-Who may file declaratory statement by agent-----
Section 2372.- Procedure to correct error in description of land entered.-
Section 2448.-Effect of patent issued after death of entryman -
ENLARGED HOMESTEADS.-Act of February 19, 1909, as amended-

Entry of 320 acres in certain States-Land to be designated-Addi

tional entries—No commutation.
Act of June 17, 1910_Enlarged homesteads in Idaho, where no water for

domestic use..
Act of August 9, 1912--Preference right to settler.
Act of August 24, 1912–Certain entries validated.
Act of March 4, 1915—Applications for land not designated
Act of March 4, 1915-Certain entries validated --
Act of July 3, 1916-Additional entries for noncontiguous land.
Act of September 5, 1916-Additional entries for noncontiguous land in

Act of February 20, 1917-Additional entries.--
Act of August 10, 1917-Residence not required in certain cases in Idaho.
Act of March 4, 1921-Certain entries validated-
Act of March 4, 1923--Additional enlarged entries where original is in

STOCK-RAISING HOMESTEADS.--Act of December 29, 1916--Stock-

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.

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137 135 140 136 140 137

138 140 139 141


142 147
















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..
Act of February 27, 1917–Agricultural entries on coal lands within ceded

Indian reservations
PHOSPHATE, OIL, ETC., LANDS.-Act of August 24, 1912–Agricul-

tural entries on oil and gas lands in Utah----
Act of July 17, 1914-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-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 -
Act of February 8, 1907–Certain formerly excepted lands in Black Hills

Forest Reserve made subject to entry---
Act of May 30, 1908—-Certain formerly excepted lands in California made

subject to entry
Act of March 3, 1911-Certain erroneously allowed entries validated.
Act of July 3, 1912--Certain formerly excepted lands in Black Hills Forest

Reserve made subject to entry----
Act of August 8, 1916-Section 4 of the act of June 11, 1906, repealed..
KINKAID ACT.-Act of April 28, 1904, as amended by the act of May
29, 1908--Homestead entries for 640 acres allowed on certain lands

in Nebraska---
Act of March 2, 1907-Qualifications of entrymen-Military service

Isolated tracts_
Act of August 24, 1912--Qualifications of entrymen.
FREE HOMESTEAD LAWS. --Act of May 17, 1900_Free homesteads

on Indian lands theretofore opened to entry--
Act of January 26, 1901-Commutation allowed..
Act of May 22, 1902-Second entries.-

complete entry for one quarter section of land..
Act of April 28, 1904—Additional entry of adjoining land allowed with-

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..
Act of September 5, 1914—Where former entry is lost, forfeited, or

abandoned through no fault of entryman..
Act of February 20, 1917-Certain homestead rights restored.

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..


162 162

162 163


165 165

166 167 167




170 170





172 173 174 175 176 176 177 177 176 178

178 179


180 180




CITIZENSHIP.--Act of June 29, 1906—Aliens who make homestead en

Act of March 2, 1907-- American women married to foreigners and for-

eign women married to Americans.-
Act of August 11, 1916-Certain declarations validated..
Act of September 22, 1922—Citizenship of married women--
MARRIED WOMEN.-Act of June 6, 1900—Marriage of entrywoman--
Act of February 24, 1911—Wife of insane alien.--.
Act of April 6, 1914–Marriage of entryman and entrywoman.
Act of October 17, 1914-Entrywoman marrying an alien---
Act of October 22, 1914 Deserted wife of entryman.-
Act of March 1, 1921-Intermarriage of homestead settlers_
Act of September 21, 1922-Credit for husband's military service..
SETTLERS.-Act of May 14, 1880-Time allowed settlers to put claim

of record
Act of June 8, 1880-Proof and patent in event entryman becomes insane.
RESIDENCE-MILITARY SERVICE.--Act of June 16, 1898—Military

service in war equivalent to residence-
Act of August 29, 1916—Persons in military service in connection with

Mexican trouble excused from residence_
Act of July 28, 1917---Military service during war equivalent to residence-
Act of March 8, 1918—Rights not forfeited by absence or failure to make

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 ----
Act of February 25, 1919—Declaratory statements by persons having had

military service_-
Act of February 14, 1920—Preference right to soldiers.
Act of January 21, 1922—Preference right to soldiers.
Act of April 6, 1922–Certain privileges extended wounded soldiers..-
Act of December 28, 1922—Credit and preference right to soldiers.-
LEAVES OF ABSENCE.--Act of March 2, 1889-Crop failures, sickness.

or unavoidable casualty-
Act of July 3, 1916-Leave of absence to settlers on unsurveyed land...
Act of December 20, 1917—Absence for performing farm labor during war

with Germany
Act of July 24, 1919-Absence because of drought.-
Act of September 29, 1919––Absence for vocational education.
RELINQUISHMENTS.--Act of May 14, 1880--Lands relinquished be:

come subject to settlement and entry--
CONTESTS.--Act of June 3, 1878-Notice of contest to be published.
Act of May 14, 1880-Preference right to successful contestant.--
Act of July 26, 1892—Notice to contestant--Death of contestant..
PROOFS.-Act of March 3, 1877—Homestead affidavit of occupation,

before whom made-Fees-False swearing---
Act of March 3, 1879Notice of final proof to be published.
Act of June 9, 1880—Homestead affidavit for entry, where and before

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
Act of April 19, 1904-Commissioner authorized to transmit original

papers to be used as evidence_---
Act of June 29, 1906-Notary public interested, disqualified
Act of March 4, 1909--Perjury-----
Act of October 6, 1917-Proofs while in the military service during the

war with Germany--
Act of March 1, 1921-Proofs by incapacitated persons who were in the

war with Germany. Act of April 7. 1922- Absence because of disability incurred in military


183 184 184 185 186

186 187

187 188 188

188 189 189 189

190 191





194 194 194








199 201


Act of February 23, 1923–Proofs, before whom, and when made_
COMMUTATION.--Act of June 3, 1896-Allowed after 14 months from

date of settlement.---
PATENTS.--Act of March 3, 1891-Correction of clerical errors-Patent

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.--.







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. .

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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.


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