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on proof within
to the same limitations, forfeitures, and contests as if this Act had not been passed; or said claims, at the option of the claimant, may be perfected and patented under the provisions of said Act, as amended by this Act, so far as applicable; and all Acts and parts of Acts in conflict with
this Act are hereby repealed. Patents to issue
“Sec. 7. That at any time after filing the declaration, four years. and within the period of four years thereafter, upon mak
ing satisfactory proof to the register and the receiver of the reclamation and cultivation of said land to the extent and cost and in the manner aforesaid, and substantially in accordance with the plans herein provided for, and
that he or she is a citizen of the United States, and upon Additional
payment to the receiver of the additional sum of one payment.
dollar Limit of area.
per acre for said land, a patent shall issue there for to the applicant or his assigns; but no person or association of persons shall hold, by assignment or otherwise prior to the issue of patent, more than three hundred and twenty acres of such arid or desert lands; but this section
shall not apply to entries made or initiated prior to the Additional approval of this Act: Provided, however, That additional proofs.
proofs may be required at any time within the period prescribed by law, and that the claims or entries made under this or any preceding Act shall be subject to contest, as provided by the law relating to homestead cases, for islegal inception, abandonment, or failure to comply with the requirements of law, and upon satisfactory proof thereof shall be canceled, and the lands and moneys paid
therefor shall be forfeited to the United States. Act applicable “Sec. 8. That the provisions of the Act to which this is to Colorado.
an amendment, and the amendments thereto, shall apply to and be in force in the State of Colorado, as well as the States named in the original Act; and no person shall be entitled to make entry of desert land except he be a resident citizen of the State or Territory in which the land sought to be entered is located.” 5
Approved, March 3, 1891 (26 Stat. 1095).
An Act To amend section 8 of an Act to provide for the sale of
desert lands in certain States and Territories approved March 3, 1877, as amended by an Act to repeal timber culture laws, and for other purposes, approved March 3, 1891.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemDesert land en-bled, That section 8 of an Act to provide for the sale of Vol. 19, p. 377.
desert lands in certain States and Territories, approved March 3, 1877, as amended by an Act to repeal timber culture laws, and for other purposes, approved March 3,
$ Amended by the act of Jan. 6, 1921.
1891, be, and the same is hereby, amended so as to read as follows:
" Sec. 8. That the provisions of the Act to which this Applicable to is an amendment, and the amendments thereto, shall Vol. 26, apply to and be in force in the State of Colorado, as well 1087, amended." as the States named in the original Act; and, excepting residence dizens, in the State of Nevada, no person shall be entitled to except make entry of desert lands unless he be a resident citizen of the State or Territory in which the land sought to be entered is located."
Approved, January 6, 1921 (41 Stat. 1086).
An Act Limiting and restricting the right of entry and assignment
under the desert-land law and authorizing an extension of time within which to make final proof.
Desert-land en tries restricted to
Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That from and after the passage of this Act the right to make entry of desert lands under the provisions surveyed lands. of the Act approved March third, eighteen hundred and seventy-seven, entitled "An Act to provide for the sale of desert lands in certain States and Territories," as amended by the Act approved March third, eighteen hundred and ninety-nine, entitled “An Act to repeal timberculture laws, and for other purposes,” shall be restricted to surveyed public lands of the character contemplated by said Acts, and no such entries of unsurveyed lands shall be allowed or made of record : Provided, however, That reference any individual qualified to make entry of desert lands entries. under said Acts who has, prior to survey, taken possession of a tract of unsurveyed desert land not exceeding in area three hundred and twenty acres in compact form, and has reclaimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said Acts, in conformity with the public land surveys, within ninety days after the filing of the approved plat of survey in the district land office.
Sec. 2. That from and after the date of the passage of Assignments rethis Act no assignment of an entry made under said Acts shall be allowed or recognized, except it be to an individual who is shown to be qualified to make entry under said Acts of the land covered by the assigned entry, and such assignments may include all or part of an entry; but no assignment to or for the benefit of any corporation or association shall be authorized or recognized.
Sec. 3. That any entryman under the above Acts who shall show to the satisfaction of the Commissioner of time to complete the General Land Office that he has in good faith complied with the terms, requirements, and provisions of said Acts, but that because of some unavoidable delay in the construction of the irrigating works, intended to convey
water. to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said Acts, shall, upon filing his corroborated affidavit with the land office in which said land is located, setting forth said facts, be allowed an additional period of not to exceed three years, within the discretion of the Commissioner of the General Land Office, within which to furnish proof as required by said Acts of the completion of said work.
Approved, March 28, 1908 (35 Stat, 52).
An Act For the relief of assignees in good faith of entries of desert
lands in Imperial County, California. Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemImperial Coun: bled, That any person, other than a corporation, who has
Desert land en in good faith heretofore acquired by assignment a desert tries.
land entry, which entry is regular upon its face, in the be
lief that he was obtaining a valid title thereto, which in good "faith assignment was accepted when filed at the local land may complete en- office of the United States and recognized at the General
Land Office as a proper transfer of such entry, shall be entitled to complete the entry so acquired, notwithstanding any contest that has been or may be filed against
such entry, based upon a charge of fraud of which the Restriction. assignee had no knowledge: Provided, however, That
this Act shall only apply to any person who at the time of receiving such assignment was without notice of any
fraud in the entry assigned or in any annual proof made faith required. Procloure good concerning the same: Provided further, That patent shall
not issue to any such assignee unless he shall affirmatively establish, by his evidence, under oath, good faith and lack of notice of fraud, and by the testimony, under oath, of himself and at least two witnesses that expenditure in the total amount and cultivation and reclamation to
the full extent required by law have been actually made Violations and accomplished: And provided further, That nothing of
herein contained shall be construed to waive or avoid liability for any fraud or violation of the law on the part
of the person committing the same. Bona fide hold SEC. 2. That where a person having made entry under ers of second entries confirmed. the desert-land law was thereafter permitted by the Land
Department to hold another entry or entries by assignment, or where a person having previously perfected title under assignment of a desert-land entry, or having held land under assignment to the amount of three hundred and twenty acres or more at different times, was thereafter permitted by the Land Department to make an entry in his own right, or to hold other lands under assignment, such persons, or their lawful assignees, shall be, upon showing full compliance with all requirements of existing law as to expenditure, reclamation, and cultiva
tion, permitted to complete title to the land now held by them, notwithstanding any contest that may have been or may hereafter be filed against the entry based upon the charge that the present claimant has exhausted his right under the desert-land law by reason of having previously made an entry or held land under an assignment as above detailed: Provided, however, That this section shall not be applicable to entries made or taken by assignment subsequently to November thirtieth, nineteen hundred and eight: Provided further, That no person shall be entitled Holders of 320 to the benefits of either the first or second section of this Act who has heretofore acquired titled to three hundred and twenty acres of land under the desert-land laws; nor shall this Act be construed to modify in any manner the Limit for agri: provisions of the Act of August thirtieth, eighteen hun- not modified. dred and ninety (Twenty-sixth Statutes, three hundred and ninety-one), and the seventeenth section of the Act of March third, eighteen hundred and ninety-one (Twenty-sixth Statutes, ten hundred and ninety-five), restricting the quantity of lands that may be acquired under the agricultural land laws.
Applicable Sec. 3. The provisions of this Act shall apply to Im- only to Imperial perial County, California, only.
County, Calif. Approved, June 25, 1910 (36 Stat. 867).
An Act Authorizing the Secretary of the Interior to grant further
extension of time within which to make proof on desert-land entries,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior may, in his for final proof in discretion, in addition to the extension authorized by thiet existing law, grant to any entryman under the desertland laws a further extension of the time within which
Proof of delay he is required to make final proof: Provided, That such in receipt entryman shall, by his corroborated affidavit filed in the land office of the district where such land is located, show to the satisfaction of the Secretary that because of unavoidable delay in the construction of irrigation works intended to convey water to the land embraced in his entry he is, without fault on his part, unable to make proof of the reclamation and cultivation of said lands as required by law within the time limited therefor; but such extension shall not be granted for a period of more than three years, and this Act shall not affect contests
Limit of exteninitiated for a valid existing reason: Provided, That the total extension of the statutory period for making final proof that may be allowed in any one case under this Act, and any other existing statutes of either general or local application, shall be limited to six years in the aggregate.
Approved, April 30, 1912 (37 Stat. 106).
An Act Providing for second homestead and desert-land entries.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemSecond home: bled, That any person otherwise duly qualified to make land entries per entry or entries of public lands under the homestead or mitted if former
desert-land laws, who has heretofore made or may hereafter make entry under said laws, and who, through no fault of his own, may have lost, forfeited, or abandoned the same, or who may hereafter lose, forfeit, or abandon same, shall be entitled to the benefits of the homestead or desert-land laws as though such former entry or entries had never been made: Provided, That such applicant shall show to the satisfaction of the Secretary of the Interior that the prior entry or entries were made in good faith, were lost, forfeited, or abandoned because of matters beyond his control, and that he has not speculated in his right nor committed a fraud or attempted fraud in connection with such prior entry or entries.
Approved, September 5, 1914 (38 Stat. 712).
Extracts from the urgent, deficiency appropriation Act, approved
March 4, 1915 (38 Stat. 1138-1161). Extension of That the Secretary of the Interior may, in his discreproof on pending tion, extend the time within which final proof is required claims.
to be submitted upon any lawful pending desert-land entry made prior to July first, nineteen hundred and
fourteen, such extension not to exceed three years from Conditions.
the date of allowance thereof: Provided, That the entryman or his duly qualified assignee has, in good faith, complied with the requirements of law as to yearly expenditures and proof thereof, and shall show, under rules and regulations to be prescribed by the Secretary of the Interior, that there is a reasonable prospect that, if the extension is granted, he will be able to make the
final proof of reclamation, irrigation, and cultivation Application required by law: Provided further, That the foregoing
shall apply only to cases wherein an extension or further extension of time may not properly be allowed under
existing law. Time for com That where it shall be made to appear to the satisfacPended to five tion of the Secretary of the Interior, under rules and years.
regulations to be prescribed by him, with reference to any lawful pending desert-land entry made prior to July first, nineteen hundred and fourteen, under which the entryman or his duly qualified assignee under an assignment made prior to the date of this Act, has, in good faith, expended the sum of $3 per acre in the attempt to effect reclamation of the land, that there is no reasonable prospect that, if the extension allowed by
& This act supersedes the second desert-land entry act of Mar. 26, 1908 (35 Stat. 48).
* Extended to Mar. 4, 1915, by the act of Mar. 21, 1918.