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“Where an unmarried woman who has heretofore set- Entrywoman's tled, or may hereafter settle, upon a tract of public land, forfeit right to improved, established, and maintained a bona fide resi- no dence thereon, with the intention of appropriating the same for a home, subject to the homestead law, and has married, or shall hereafter marry, before making entry of said land, or before making application to enter said land, she shall not, on account of her marriage, forfeit her right to make entry and receive patent for the land: Provided, That she does not abandon her residence on To be otherwise said land, and is otherwise qualified to make homestead entry: Provided further, That the man whom she marries No separate is not, at the time of their marriage, claiming a separate husband.'
claim of land by tract of land under the homestead law.
“That this act shall be applicable to all unpatented Scope of act. lands claimed by such entrywoman at the date of passage.”
Approved, June 6, 1900 (31 Stat., 683). ..
An Act Providing for the naturalization of the wife and minor children
of insane aliens, making homestead entries under the land laws of the United States. Be it enacted by the Senate and House of Representatives Insane alien.
Completion of of the United States of America in Congress assembled, That naturalization by
wife, etc., of, to when any alien, who has declared his intention to become more a citizen of the United States, becomes insane before he entry. is actually naturalized, and his wife shall thereafter make a homestead entry under the land laws of the United States, she and their minor children may, by complying with the other provisions of the naturalization laws be naturalized without making any declaration of intention.
Approved, February 24, 1911 (36 Stat., 929).
An Act Providing that the marriage of a homestead entryman to a
homestead entrywoman shall not impair the right of either to a patent, after compliance with the law a year, to apply to existing entries.
Be it enacted by the Senate and House of Representatives Marriage of of the United States of America in Congress assembled, man to entry
woman not to im. That the marriage of a homestead entryman to a home
pair patents. stead entrywoman after each shall have fulfilled the requirements of the homestead law for one year next preceding such marriage shall not impair the right of either to a patent, but the husband shall elect, under rules and regulations prescribed by the Secretary of the Interior, on which of the two entries the home shall thereafter be made, and residence thereon by the husband and wife shall constitute a compliance with the residence requirements upon each entry: Provided, That the provisions Existing entries hereof shall apply to existing entries.
Approved, April 6, 1914 (38 Stat., 312).
marrying an alien
An Act To provide for certificate of title to homestead entry by a female
American citizen who has intermarried with an alien. Female citizen Be it enacted by the Senate and House of Representatives may receive of the United States of America in Congress assembled, homestead pat
That any female citizen of the United States who has initiated a claim to a tract of public land under any of the laws applicable thereto, and who thereafter has complied with all the conditions as to the acquisition of title to such land prescribed by the public-land laws of the United States, shall, notwithstanding her intermarriage with an alien, who is entitled to become a citizen of the United States, be entitled to a certificate or patent to such entry equally as though she had remained unmarried or had married an American citizen.
Approved, October 17, 1914 (38 Stat., 740).
An Act To provide for issuing of patents for public lands claimed under
the homestead laws by deserted wives. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in any case in which persons have regularly initiated claims to public lands as settlers thereon under the provisions of the homestead laws and the wife of such homestead settler or entryman, while residing upon the homestead claim and prior to submission of final proof of
residence, cultivation, and improvement as prescribed by Homestead en-law, has been abandoned and deserted by her husband tries may be completed by desert- for a period of more than one year, the deserted wife
shall, upon establishing the fact of such abandonment or desertion to the satisfaction of the Secretary of the In
terior, be entitled to submit proof upon such claim and Issue of patent. obtain patent therefor in her name in the form, manner,
and subject to the conditions prescribed in section twenty-two hundred and ninety-one of the Revised Statutes of the United States and acts supplemental
thereto and amendatory thereof: Provided, That in such Proof of resi- cases the wife shall be required to show residence upon,
cultivation, and improvement of the homestead by herself for such time as when, added to the time during which her husband prior to desertion had complied with the law, would aggregate the full amount of residence,
improvement, and cultivation required by law: And proNotices, to be vided further, That the published and posted notices of posted, etc.
intention to submit final proof in such cases shall recite the fact that the proof is to be offered and patent sought by applicant as a deserted wife, and, prior to its submission, notice thereof shall be served upon the husband of the applicant in such a manner and under such rules and regulations as the Secretary of the Interior shall prescribe.
Approved, October 22, 1914 (38 Stat., 766)..
An Act For the relief of settlers on public lands.
SEC. 3. That any settler who has settled, or who shall Rights of set.
tlers on public hereafter settle, on any of the public lands of the United lands. States, whether surveyed or unsurveyed, with the intention of claiming the same under the homestead laws, shall be allowed the same time to file his homestead application and perfect his original entry in the United States Land Office as is now allowed to settlers under the preemption laws to put their claims on record, and his right shall relate back to the date of settlement the same as if he settled under the preemption laws.
Approved, May 14, 1880 (21 Stat., 140).
the preemption and homestead laws in cases where the claimants
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which parties who regularly initiated claims to public lands as settlers thereon, according to the provisions of the preemption or homestead laws, have become insane or shall hereafter become insane before the expira- Patents for pubtion of the time during which their residence, cultivation, of insanity. or improvement of the land claimed by them is required by law to be continued in order to entitle them to make the proper proof and perfect their claims, it shall be lawful for the required proof and payment to be made for their benefit by any person who may be legally authorized to act for them during their disability, and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the General Land Office that the parties complied in good faith with the legal requirements up to the time of their becoming insane, and the requirements in homestead entries of an affidavit of allegiance by the applicant in certain cases as a prerequisite to the issuing of the patents shall be dispensed with so far as regards such insane parties.
Approved, June 8, 1880 (21 Stat.;166).
An Act For the protection of homestead settlers who enter the military
or naval service of the United States in time of war. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That · in every case in which a settler on the public land of the
United States under the homestead laws enlists or is actu- Absence of setally engaged in the Army, Navy, or Marine Corps of the soldier, etc., to be
equivalent to resiUnited States as private soldier, officer, seaman, or ma-dence. rine, during the existing war with Spain, or during any
tler enlisted as a soldier, etc., to be
other war in which the United States may be engaged, his services therein shall, in the administration of the homestead laws, be construed to be equivalent to all intents and purposes to residence and cultivation for the same length of time upon the tract entered or settled upon; and hereafter no contest shall be initiated on the ground of abandonment, nor allegation of abandonmentsustained against any such settler, unless it shall be alleged in the preliminary affidavit or affidavits of contest, and proyed at the hearing in cases hereafter initiated, that the settler's alleged ab
sence from the land was not due to his employment in Discharge for such service: Provided, That if such settler shall be disdisability.
charged on account of wounds received or disability incurred in the line of duty, then the term of his enlistment
shall be deducted from the required length of residence One year's resi- without reference to the time of actual service: Provided, donce necessary.
further, That no patent shall issue to any homestead set-
Approved, June 16, 1898 (30 Stat.,473).
1890 (26 Stat., 391). Acquirement of No person who shall, after the passage of this act, enter title under land laws limited to upon any of the pubic lands with a view to occupation, 320 acres.
entry, or settlement under any of the land laws shall be
permitted to acquire title to more than three hundred and imitation
to twenty acres in the aggregate, under all of said laws, but
this limitation shall not operate to curtail the right of any person who has heretofore made entry or settlement on the public lands, or whose occupation, entry, or settlement is validated by this act.
An Act To repeal timber-culture laws, and for other purposes. Maximum land SEC. 17. * * * and that the provisions of “An act clude mining making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth,
entries not to in
FREE HOMESTEAD ACT.
An Act Providing for free homesteads on the public lands for actual
and bona fide settlers, and reserving the public lands for that purpose.
opened toureaty or aided or shafor the pericor the
Be it enacted by the Senate and House of Representatives Free homeof the United States of America in Congress assembled, That steads for actual
settlers. all settlers under the homestead laws of the United States upon the agricultural public lands, which have already been opened to settlement, acquired prior to the passage of this act by treaty or agreement from the various Indian tribes, who have resided or shall hereafter reside upon the tract entered in good faith for the period required by existing law, shall be entitled to a patent for the land so entered upon the payment to the local land officers of the usual and customary fees, and no other or further charge of any kind whatsoever shall be required from such settler to entitle him to a patent for the land covered by his entry: Provided, That the right to commute any Right to comsuch entry and pay for said lands in the option of any such mu settler and in the time and at the prices now fixed by existing laws shall remain in full force and effect: Provided, however, That all sums of money so released which if not Payments to released would belong to any Indian tribe shall be paid to such Indian tribe by the United States, and that in the event that the proceeds of the annual sales of the public lands shall not be sufficient to meet the payments heretofore provided for agricultural colleges and experimental Agricultural
colleges, etc. stations by an act of Congress, approved August thirtieth, eighteen hundred and ninety, for the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an act of Congress, approved July second, eighteen hundred and sixty-two, such deficiency shall be paid by the United States: And provided further, That no lands shall be herein included on which the United Certain lands States Government had made valuable improvements, or lands that have been sold at public auction by said Government.
SEC. 2. That all acts or parts of acts inconsistent with Repeal. the provisions of this act are hereby repealed.
Approved, May 17, 1900 (31 Stat., 179).
An Act To allow the commutation of homestead entries in certain cases.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to co the provisions of section twenty-three hundred and one the free homeof the Revised Statutes of the United States, as amended, ized. allowing homestead settlers to commute their homestead entries be, and the same hereby are, extended to all homestead settlers affected by or entitled to the benefit of
Commutation to settlers under
stead law author
the provisions of the act entitled “An act providing for - free homesteads on the public lands for actual and bona