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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

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.

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HOMESTEADS.

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 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.
Section 2293.-Persons in military or naval service__.

127

127

Section 2294.-Officers before whom, and where, proofs may be made-
False affidavits-Fees_____

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.....
Section 2299.-Effect of prior preemption__.

129

129

Section 2300.-Minors having had Army or Navy service during war..
Section 2301.-Commutation after 14 months from entry....

129

129

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___--

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
Idaho___

138

Act of February 20, 1917-Additional entries.

140

Act of August 10, 1917-Residence not required in certain cases in Idaho_
Act of March 4, 1921-Certain entries validated_

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
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 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
Forest Reserve made subject to entry---

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...
Act of July 3, 1912-Certain formerly excepted lands in Black Hills Forest
Reserve made subject to entry---

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-
Isolated tracts_

165

Act of August 24, 1912-Qualifications of entrymen__

165

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..

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_
THREE HUNDRED AND TWENTY ACRE LIMITATION.-Act of
August 30, 1890-Not to acquire title to more than 320 acres under
the public land laws.---

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...
Act of September 22, 1922-Citizenship of married women..

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 February 24, 1911--Wife of insane alien__‒‒‒

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.
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-‒‒‒‒

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.
Act of January 21, 1922-Preference right to soldiers_

184

184

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-.

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__
Act of September 29, 1919--Absence for vocational education.
RELINQUISHMENTS.-Act of May 14, 1880-Lands relinquished be-
come subject to settlement and entry..

188

188

188

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.

189

189

189

190

Act of March 3, 1879-Notice of final proof to be published_
Act of June 9, 1880-Homestead affidavit for entry, where and before
whom made

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__
Act of March 4, 1909-Perjury.

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
with Germany as to certain purposes.
DEBTS OF ENTRYMEN.-Act of April 28, 1922-Homestead entries
not subject to certain debts----

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.

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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

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