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 sons prosecuting July 17, 1862, SEC. 3478. Any person prosecuting claims, either as attorney or on his own account, before any of the De- claims. partments or Bureaus of the United States, shall be re- 12.10. quired to take the oath of allegiance, and to support the Constitution of the United States, as required of persons in the civil service. minister the SEC. 3479. The oath provided for in the preceding sec- Who may adtion may be taken before any justice of the peace, notary oath, public, or other person who is legally authorized to ad-July 17, 1862, minister an oath in the State or district where the same may be administered. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. 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. 12 S. 610. to pre government of claims. SEC. 5. That the Secretary of the Interior may pre-Secretary of Inscribe rules and regulations governing the recognition scribe rules for of agents, attorneys, or other persons representing claim- agents, etc., in ants before his department, and may require of such per-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. HOMESTEADS. See "Preemptions"; also "Soldiers' additional homesteads " Section 2289.-Qualifications of entryman-Limit of area Page. 320 654 125 125 125 Section 2290.-Final proof, when and by whom to be made, and patent to issue-Citizenship-- 126 Section 2291.-Certificate and patent, when issued. (See "Three-year law") 126 Section 2292.-Rights of infant children on death of father and mother. 127 127 Section 2294.-Officers before whom, and where, proofs may be made- 127 Sections 2295-2296-Record of applications-Lands not subject to debts prior to patent__. 128 Section 2297.-Abandonment for more than six months-Climatic hindrances. (See "Three-year law") – 128 Section 2298.-Limit of one quarter section..... 129 129 Section 2300.-Minors having had Army or Navy service during war.. 129 129 Section 2302-No distinction on account of race or color-Mineral lands Section 2304.-Persons having served in Army or Navy during war. 129 129 130 131 131 131 132 133 Act of June 17, 1910-Enlarged homesteads in Idaho, where no water for domestic use. 137 Act of August 9, 1912-Preference right to settler 135 Act of August 24, 1912-Certain entries validated__ 140 Act of March 4, 1915-Applications for land not designated_ 136 Act of March 4, 1915-Certain entries validated___ 140 Act of July 3, 1916-Additional entries for noncontiguous land 137 Act of September 5, 1916-Additional entries for noncontiguous land in 138 Act of February 20, 1917-Additional entries. 140 Act of August 10, 1917-Residence not required in certain cases in Idaho_ 139 141 Act of March 4, 1923-Additional enlarged entries where original is in forest... 141 STOCK-RAISING HOMESTEADS.-Act of December 29, 1916-Stockraising entries for 640 acres-Additional entries__. 142 Act of October 25, 1918-Additional stock-raising entries. 147 Act of September 29, 1919-Sections 3 and 4 of the act of December 29, 1916, amended.. 147 COAL LANDS, ENTRIES ON.-Act of March 3, 1909-Locations, selections, 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. Page. 148 149 151 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 PHOSPHATE, OIL, ETC., LANDS.-Act of August 24, 1912-Agricul- Act of July 17, 1914-Lands withdrawn classified or valuable for phosphate, 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--- 151 151 153 154 156 Act of August 24, 1912-Entryman may proceed under law under which it was made. 157 Act of March 4, 1913-Settler may proceed under law existing at time of settlement_ 158 Act of August 22, 1914-Entryman may be absent five months in two periods. 158 Act of February 25, 1919-Additional leave of absence on account of climatic conditions_. 158 HOMESTEADS WITHIN FOREST RESERVES.-Act of June 11, 1906-Homestead entries may be allowed for agricultural lands within forest reserves_. 159 Act of February 8, 1907-Certain formerly excepted lands in Black Hills 161 Act of May 30, 1908-Certain formerly excepted lands in California made subject to entry. 162 Act of March 3, 1911--Certain erroneously allowed entries validated... 162 162 163 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____ 163 Act of March 2, 1907-Qualifications of entrymen-Military service- 165 Act of August 24, 1912-Qualifications of entrymen__ 165 FREE HOMESTEAD LAWS.-Act of May 17, 1900--Free homesteads 166 167 167 ADDITIONAL HOMESTEAD ENTRIES.-Act of March 2, 1889-May complete entry for one quarter section of land___. 168 Act of April 28, 1904-Additional entry of adjoining land allowed without proof of residence- 169 SECOND HOMESTEAD ENTRIES.—Act of June 5, 1900-Second entry allowed where first was commuted prior to that date-Purchaser of Flathead Indian lands included_. 169 Act of September 5, 1914-Where former entry is lost, forfeited, or abandoned through no fault of entryman__. 170 Act of February 20, 1917-Certain homestead rights restored_ 170 171 Act of March 3, 1891-The three hundred and twenty acre limitation not to include mineral lands__. 171 L'age. CITIZENSHIP.-Act of June 29, 1906-Aliens who make homestead en tries 171 Act of March 2, 1907-American women married to foreigners and foreign women married to Americans__. 172 Act of August 11, 1916-Certain declarations validated... 173 174 175 176 Act of April 6, 1914-Marriage of entryman and entrywoman. Act of October 22, 1914-Deserted wife of entryman_ 176 177 177 176 178 MARRIED WOMEN.-Act of June 6, 1900-Marriage of entrywoman.. Act of October 17, 1914-Entrywoman marrying an alien__ 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. Act of August 29, 1916-Persons in military service in connection with Act of July 28, 1917-Military service during war equivalent to residence_ 178 179 179 180 180 181 182 Act of September 13, 1918-Relinquishment by person under 21 years of age not allowed-No fees to attorneys__ 183 Act of February 25, 1919-Declaratory statements by persons having had military service_ 183 Act of February 14, 1920-Preference right to soldiers. 184 184 Act of April 6, 1922-Certain privileges extended wounded soldiers.. 185 186 186 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. 187 187 Act of July 24, 1919-Absence because of drought__ 188 188 188 CONTESTS.-Act of June 3, 1878-Notice of contest to be published... 189 189 189 190 Act of March 3, 1879-Notice of final proof to be published_ 191 191 Act of March 2, 1889-Final proof may be taken within 10 days following day advertised 192 Act of October 1, 1890-If vacancy in office of register or receiver the remaining one may take final proof---- 192 Act of January 31, 1903-Compulsory attendance of witnesses before registers and receivers. 192 Act of April 19, 1904-Commissioner authorized to transmit original papers to be used as evidence___ 194 Act of June 29, 1906-Notary public interested, disqualified__ 194 194 Act of October 6, 1917-Proofs while in the military service during the war with Germany. 195 Act of March 1, 1921-Proofs by incapacitated persons who were in the war with Germany. 195 Act of April 7. 1922-Absence because of disability incurred in military service 196 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. Page. 196 197 198 199 201 199 Act of January 27, 1922-Transfer where certain entries have been erroneously canceled 198 LAND LOCATORS.-Act of February 23, 1917-Punishment for false representations 201 DISPOSSESSED OCCUPANTS.-Act of June 1, 1874-May have remedies in courts for improvements. 202 END OF WAR WITH GERMANY.-Act of March 3, 1921-End of war 202 132 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, 25.717 Mar. 3, for lands. 1841, 5 S. 417. fer of settlers un preemption laws 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. Mar. 3, 1873, poses, or for the right of way of railroads, telegraph, 17 s. 602; Mar. telephones, canals, reservoirs, or ditches for irrigation 3, 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. 1095; Mar. 3, ? certain unappro lands. 11, 1874, 18 S. 1874, 18 S. 22; SEC. 2289. Every person who is the head of a family, Who 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 S. 392; Feb. the naturalization laws, shall be entitled to enter one 15; 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. 36039-23- -9 |