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Homestead en

trymen evicted or

try by prior

second entry of

area.

SEC. 2. That where any person had made homestead prevented from entry for land within Baca Float Numbered Three, and making final, en, had fully complied with the homestead laws thereon as grant, may make to residence and cultivation prior to June 22, 1914, in twice original the bona fide belief that the land was public land, and has been evicted there from or prevented from making final entry by reason of the prior grant, said homestead entryman, or, in the case of his or her death, the successor to the right of entry under the homestead laws shall be permitted to make second homestead entry for other land situate in the State of Arizona and not exceeding twice the area of the original homestead entry lost as herein set forth, subject to the conditions, limitations, and benefits of the homestead laws applicable to such Patent, etc., to land; and upon submission of proof under his original ther residence, entry that he had fully complied with the law as to residence and cultivation, shall on approval of such proof and payment at the office of second entry for the final fees and commissions due on a final entry' for the land entered, receive a final certificate and patent without further residence and cultivation of the land embraced in the second entry.

issue without fur-."

etc.

Rights not assignable.

three years.

Provisos.

Sales, etc..

13, 1917,

recognized.

SEC. 3. That the right of selection and second entry hereby granted shall not be assignable, directly or Selection to be through irrevocable power of attorney, and must be exermade within cised within three years after the passage of this Act by the persons entitled to such relief, or, in the case of the death of a homestead entryman who has not submitted final proof and received his final certificate, by the person or persons succeeding to his right of entry under the homestead laws: Provided, That no persons acquiring since December said land by sale or conveyance subsequent to December not 13, 1917, shall be recognized, and the applicant shall Proof required submit proof that he has not sold, assigned, nor relinselection is for quished his homestead nor entered into any contract or exclusive personal agreement to sell, assign, or relinquish the same, nor abandoned the land for a valuable consideration; also that the land sought to be selected is for applicant's own exclusive use and benefit, and that he has not sold or contracted to sell, directly or indirectly, said selected land: Regulations, And provided further, That the entire right of reselection under each entry shall be exercised at the same time, under such rules and regulations as the Secretary of the Interior may prescribe, and on approval of the selection patent shall issue as on other entries.

of applicant that

use, etc.

etc., to be prescribed.

Approved, July 5, 1921 (42 Stat. 107).

SMALL HOLDING CLAIMS.

An Act To establish a court of private land claims, and to provide for the settlement of private land claims in certain States and Territories.

Continuous SEC. 16. That in township surveys hereafter to be sion for 20 years, made in the Territories of New Mexico, Arizona, and

adverse posses

Maximum size

Utah, and in the States of Colorado, Nevada, and Wyo. ming if it shall be made to appear to the satisfaction of the deputy surveyor making such survey that any person has, through himself, his ancestors, grantors, or their lawful successors in title or possession, been in the continuous adverse actual bona fide possession, residing thereon as his home, of any tract of land or in connection therewith of other lands, all together not exceeding one hundred and sixty acres in such township for twenty of tract. years next preceding the time of making such survey, the deputy surveyor shall recognize and establish the Deputy surlines of such possession and make the subdivision of the lish lines and adjoining lands in accordance therewith. Such possession shall be accurately defined in the field-notes of the survey and delineated on the township plat, with the boundaries and area of the tract as a separate legal subdivision. The deputy surveyor shall return with his survey the name or names of all persons so found to be in possession, with a proper description of the tract in the possession of each as shown by the survey, and the proofs furnished to him of such possession.

veyor to estab

make returns.

Commissioner

Issue of pat

ents.

Upon receipt of such survey and proofs the Commis-Review by the sioner of the General Land Office shall cause careful in- of the General Land Office. vestigation to be made in such manner as he shall deem necessary for the ascertainment of the truth in respect of such claim and occupation, and if satisfied upon such investigation that the claimant comes within the provisions of this section, he shall cause patents to be issued to the parties so found to be in possession for the tracts respectively claimed by them: Provided, however, That no person shall be entitled to confirmation of, or to patent for, more than one hundred and sixty, acres in his own right by virtue of this section: And provided further, That this section shall not apply to any city lot, town lot, village lot, farm lot, or pasture lot held under a grant from any corporation or town the claim to which may fall within the provisions of section eleven of this Act.

Limitations.

Where township surveys al

continuous ad

for 20 years may enter without

SEC. 17. That in the case of townships heretofore surveyed in the Territories of New Mexico, Arizona, and ready made." Utah, and the States of Colorado, Nevada, and Wyoming, all persons who, or whose ancestors, grantors, or Citizens in their lawful successors in title or possession, became citi- verse possession zens of the United States by reason of the treaty of Guadalupe-Hidalgo, and who have been in the actual payment. continuous adverse possession and residence thereon of tracts of not to exceed one hundred and sixty acres each, for twenty years next preceding such survey, shall be entitled, upon making proof of such facts to the satisfaction of the register and receiver of the proper land district, and of the Commissioner of the General Land

2 Amended by the act of Feb. 21, 1893, by striking out the words "residing thereon as his home."

36039-23-22

Limit.

Filing of claims under ad

Time limit.

Office upon such investigation as is provided for in section sixteen of this Act, to enter without payment of purchase money, fees, or commissions, such legal subdivisions, not exceeding one hundred and sixty acres, as shall include their said possession: Provided, however, That no person shall be entitled to enter more than one such tract, in his own right, under the provisions of this section.

SEC. 18. That all claims arising under either of the two verse possession. next preceding sections of this Act shall be filed with the surveyor-general of the proper State or Territory within two years next after the passage of this Act, and no claim Not to be ad- not so filed shall be valid. And the class of cases proCourt of Private Vided for in said two next preceding sections shall not be Land Claims. considered or adjudicated by the court created by this Act, and no tract of such land shall be subject to entry under the land laws of the United States.

judicated by

Lands excluded from entry.

vate

Land

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An Act To amend an Act establishing a Court of Private Land Claims and to provide for the settlement of private land claims in certain States and Territories, approved March third, eighteen hundred and ninety-one.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemCourt of Pri bled, That the Act entitled" An Act to establish a Court of Private Land Claims and to provide for the settlement of private land claims in certain States and Territories," approved March third, eighteen hundred and ninety-one, be, and the same is hereby, amended as follows, to wit:

Claims.

Adverse posses

sion.

modified.

Section sixteen of chapter five hundred and thirty-nine Requirements of the public Acts of the second session of the Fifty-first Congress is hereby amended by striking out the words "residing thereon as his home," where they occur in the forty-first line of page eight hundred and sixty-one, volume twenty-six, United States Statutes.

Surveyed townships.

That section seventeen of said Act be, and the same is hereby, amended so as to read as follows:

"SEC. 17. That in the case of townships heretofore surveyed in the Territories of New Mexico, Arizona, and Utah, and the States of Colorado, Nevada, and Wyoming. all persons who, or whose ancestors, grantors, or their lawful successors in title or possession, became citizens of the United States by reason of the treaty of Guadalupe Hidalgo, or the terms of the Gadsden purchase, and who Entries by per- have been in the actual continuous adverse possession of ty years adverse tracts, not to exceed one hundred and sixty acres each, for twenty years next preceding such survey, shall be entitled, upon making proof of such facts to the satisfac

sons having twen

possession.

* Extended; see the act of July 3, 1916, and the act of June 15, 1922.

tion of the register and receiver of the proper land district, and of the Commissioner of the General Land Office, upon such investigation as is provided for in section sixteen of this Act, to enter without payment of purchase money, fees, or commissions such subdivisions, not exceeding one hundred and sixty acres, as shall include their said possessions.

"After a claim of the character described shall have been filed as directed in section eighteen of this Act, and it shall appear that a tract claimed as aforesaid is of such shape that the claimant can not readily secure his interests by an entry by legal subdivisions of the public. surveys, the Commissioner of the General Land Office may cause such claim to be surveyed at the expense of the United States, but the deputy surveyor performing the work shall not be paid for his services more than five dollars per day in addition to his necessary expenses.

"Before commencing such a survey the deputy surveyor shall post, in at least three prominent places in the township in which such claim is situated, a notice in both the English and Spanish languages, calling on all persons entitled to lands in said township under this section, to submit to him within a reasonable time proofs of their rights in the lands, by affidavit or otherwise. He shall then proceed to establish the lines of such possessions in the township as seem to him to be valid, properly connecting the lines thereof with the lines of public surveys, and he shall return the aforesaid proofs to the surveyor general with the field notes of such claims and possessions. The surveyor general shall then, upon his approval of said proofs and field notes of surveys, cause the said claim or claims to be platted and numbered as a lot or lots of the section or sections in which such claim or claims are situated, and shall transmit a duplicate of the amended plat to the General Land Office and a triplicate thereof to the proper district land office, after which the land claimed as aforesaid may be entered as a lot or lots by the number or numbers designated upon the amended township plat: Provided, however, That no person shall be entitled to enter more than one hundred and sixty acres in one or more tracts in his own right under the provisions of this section."

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for filing claims.

Section eighteen of said Act is hereby amended by Time extended striking out the words "the passage of this Act," in the third and fourth lines of said section, and inserting in place thereof the words "the first day of December, eighteen hundred and ninety-two."

Approved, February 21, 1893 (27 Stat. 470).

of

Commissioner

the General

of private land

Extract from the sundry civil appropriation Act, approved April 28, 1904 (33 Stat. 452-485).

That all the powers now exercised by the Court of PriLand Office to vate Land Claims in the approval of surveys executed approve surveys under its decrees of confirmation shall be conferred upon and exercised by the Commissioner of the General Land Office from and after the thirtieth day of June, nineteen hundred and four.

claims.

vate Land Claims.

Filing of ad

firmation.

An Act To amend an Act entitled "An Act to establish a Court of Private Land Claims and to provide for the settlement of private land claims in certain States and Territories," approved March third, eighteen hundred and ninety-one, and the Acts amendatory thereto, approved February twenty-first, eighteen hundred and ninety-three, June twenty-seventh, eighteen hundred and ninetyeight, and February twenty-sixth, nineteen hundred and nine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress asCourt of Pri sembled, That section eighteen of an Act entitled "An Act to establish a Court of Private Land Claims and verse possession to provide for the settlement of private land claims in claims for con- certain States and Territories," approved March third, eighteen hundred and ninety-one, as amended by the Act approved February twenty-first, eighteen hundred and ninety-three, and by the Act approved June twentyseventh, eighteen hundred and ninety-eight, and by the Act approved February twenty-sixth, nineteen hundred. and nine, be, and the same is hereby, further amended by striking out the words " before the fourth day of March, nineteen hundred and ten," and inserting in lieu thereof the words "before the fourth day of March, nineteen hundred and seventeen," so that the first clause of said section shall read as follows, namely:

Time extended.

Lands excluded.

"That all claims arising under either of the two next preceding sections of this Act shall be filed with the surveyor general of the proper State or Territory before the fourth day of March, nineteen hundred and seventeen, and no claim not so filed shall be valid."

Provided, That the extension herein granted shall not apply to lands within the limits of a confirmed grant or embraced in any entry completed under the public land laws prior to filing of a claim hereunder, nor shall its provision extend to persons holding under assignments made after March third, nineteen hundred and

one.

Approved, July 3, 1916 (39 Stat. 342).

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