Price. Second home stead entries per entry. fide settlers, and reserving the public lands for that purpose," approved the seventeenth day of May, anno Domini nineteen hundred: Provided, however, That in commuting such entries the entryman shall pay the price provided in the law under which original entry was made. Approved, January 26, 1901 (31 Stat., 740). An Act To allow the commutation of and second homestead entries in certain cases. SEC. 2. That any person who, prior to the passage of mitted settlers an act entitled "An act providing for free homesteads on prior to May 17, the public lands for actual and bona fide settlers, and reserving the public lands for that purpose," approved May seventeenth, nineteen hundred, having made a homestead entry and perfected the same and acquired title to the land by final entry by having paid the price provided in the law opening the land to settlement, and who would have been entitled to the provisions of the act before cited had final entry not been made prior to the passage of said act, may make another homestead entry of not exceeding one hundred and sixty acres of any of the public lands in any State or Territory subject to homeProof of former stead entry: Provided, That any person desiring to make another entry under this act will be required to make affidavit, to be transmitted with the other filing papers now required by law, giving the description of the tract formerly entered, date and number of entry, and name of the land office where made, or other sufficient data to admit of readily identifying it on the official records: Qualification. And provided further, That said person has all the other proper qualifications of a homestead entryman: And Restriction on provided also, That commutation under section twentythree hundred and one of the Revised Statutes or any amendment thereto, or any similar statute, shall not be permitted of an entry made under this act, excepting where the final proof, submitted on the former entry herein before described, shows a residence upon the land covered thereby for the full period of five years or such term of residence thereon as added to any properly credited military or naval service shall equal such period of five years. commutation. Homestead set tlers. Approved, May 22, 1902 (32 Stat., 203). ADDITIONAL HOMESTEAD ENTRIES. An Act To withdraw certain public lands from private entry, and for other purposes. SEC. 6. That every person entitled, under the provisions of the homestead law, to enter a homestead, who has heretofore complied with or who shall hereafter comply with the conditions of said laws, and who shall have made entry to one quar Patent. his final proof thereunder for a quantity of land less than May complete one hundred and sixty acres and received the receiver's ter section. final receipt therefor, shall be entitled under said laws to enter as personal right, and not assignable, by legal subdivisions of the public lands of the United States subject to homestead entry, so much additional land as added to the quantity previously so entered by him shall not exceed one hundred and sixty acres: Provided, That in no case shall patent issue for the land covered by such additional entry until the person making such additional entry shall have actually and in conformity with the homestead laws resided upon and cultivated the lands so additionally entered, and otherwise fully complied with such laws: Provided also, That this section shall not be construed as affecting any rights as to location of soldiers' certificates heretofore issued under section two thousand three hundred and six of the Revised Statutes. Approved, March 2, 1889 (25 Stat., 854). An Act Providing for second and additional homestead entries, and for Soldiers' certifi cates. * * other purposes. * * dence. age. SEC. 2. That any homestead settler who has hereto- Additional entry allowed withfore entered, or may hereafter enter, less than one-quarter out proof of resisection of land may enter other and additional land lying contiguous to the original entry which shall not, with the land first entered and occupied, exceed in the aggregate Limit of acreone hundred and sixty acres, without proof of residence upon and cultivation of the additional entry; and if final proof of settlement and cultivation has been made for the original entry when the additional entry is made, then the patent shall issue without further proof: Provided, That this section shall not apply to or for the benefit of any person who does not own and occupy the lands covered by the original entry: And provided, That if the original entry should fail for any reason prior to patent, nal entry prohib or should appear to be illegal or fraudulent, the addi- its additional entional entry shall not be permitted, or, if having been try. initiated, shall be canceled. SEC. 3. That commutation under the provisions of section twenty-three hundred and one of the Revised Statutes shall not be allowed of an entry made under this act. Approved, April 28, 1904 (33 Stat., 527). SECOND HOMESTEAD ENTRIES. An Act For the relief of the Colorado Coopeartive Colony; to permit second homesteads in certain cases, and for other purposes. * * * * * Patent. Failure in origi Commutation not allowed. try to home SEC. 2. That any person who has heretofore made en- Additional entry under the homestead laws and commuted same under steaders commutprovisions of section twenty-three hundred and one of the ing first entry. Revised Statutes of the United States and the amendments thereto, shall be entitled to the benefits of the Purchasers of homestead laws, as though such former entry had not been made, except that commutation under the provisions of section twenty-three hundred and one of the Revised Statutes shall not be allowed of an entry made under this section of this act. SEC. 3. That any person who prior to the passage of this act has made entry under the homestead laws, but from any cause has lost or forfeited the same, shall be entitled to the benefits of the homestead laws as though such former entry had not been made: Provided, That Flathead Indian persons who purchased land under and in accordance with lands, Montana, the terms of an act entitled "An act to provide for the sale of lands patented to certain members of the Flathead band of Indians in the Territory of Montana, and for other purposes," approved March second, eighteen hundred and eighty-nine, shall not be held to have impaired or exhausted their homestead rights by or on account of any such purchase. included. stead or desert mitted if former lost, etc. Approved, June 5, 1900 (31 Stat., 269). An Act Providing for second homestead and desert-land entries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Second home- That any person otherwise duly qualified to make entry land entries per- or entries of public lands under the homestead or desertland 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 desertland 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. Conditions. Leave of absence on account of crop failure. Approved, September 5, 1914 (38 Stat., 712). LEAVES OF ABSENCE. An Act To withdraw certain public lands from private entry, and for * * * * SEC. 3. That whenever it shall be made to appear to the register and receiver of any public-land office, under such regulations as the Secretary of the Interior may prescribe, that any settler upon the public domain under existing law is unable, by reason of a total or partial destruction or failure of crops, sickness, or other unavoidable casualty, to secure a support for himself, herself, or those dependent upon him or her upon the lands settled upon, then such register and receiver may grant to such a ment of claim to Be it enacted by the Senate and House of Representatives Relinquishof the United States of America in Congress assembled, lands. That when a preemption, homestead, or timber-culture claimant shall file a written relinquishment of his claim in the local land office, the land covered by such claim shall be held as open to settlement and entry without further action on the part of the Commissioner of the General Land Office. An Act To amend section two of an act approved May fourteenth, eighteen hundred and eighty, being "An act for the relief of settlers on public lands." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two of an act approved May fourteenth, eighteen hundred and eighty, entitled "An act for the relief of settlers on public land," be, and the same is hereby, amended so as to read as follows: 2testant of relin Fee. "SEC. 2. In all cases where any person has contested, Notice to conpaid the land-office fees, and procured the cancellation of quishment of conany preemption, homestead, or timber-culture entry, he testee's claim. shall be notified by the register of the land office of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands: Provided, That said register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant and not to be reported: Provided further, That should any such person who has ini- Death of contiated a contest die before the final termination of the abate rights. same, said contest shall not abate by reason thereof, but his heirs who are citizens of the United States, may continue the prosecution under such rules and regulations as the Secretary of the Interior may prescribe, and said heirs shall be entitled to the same rights under this act that contestant would have been if his death had not occurred. Approved, July 26, 1892 (27 Stat., 270). testant not to test under home published. An Act To provide for the publication of notices of contest under the homestead, preemption, and tree-culture laws of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Notice of con- That the notices of contest now provided by law under stead law, how the homestead, preemption, and tree-culture laws of the United States shall, after the passage of this act, be printed in some newspaper printed in the county where the land in contest lies; and if no newspaper be printed in such county, then in the newspaper printed in the county nearest to such land. affidavit of occu whom made. Approved, June 3, 1878 (20 Stat., 91). PROOFS. An Act To amend section twenty-two hundred and ninety-one of the Revised Statutes of the United States, in relation to proof required in homestead entries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Homesteaders' That the proof of residence, occupation, or cultivation, pation, before the affidavit of non-alienation, and the oath of allegiance, required to be made by section twenty-two hundred and ninety-one of the Revised Statutes of the United States, may be made before the judge, or in his absence, before the clerk of any court of record of the county and State, or district and Territory in which the lands are situated; and if said lands are situated in any unorganized county such proof may be made in a similar manner in any adjacent county in said State or Territory; and the proof, affidavit, and oath, when so made and duly subscribed, shall have the same force and effect as if made before the register or Affidavit trans- receiver of the proper land district; and the same shall be transmitted by such judge, or the clerk of his court, to the register and the receiver, with the fee and charges allowed by law to him; and the register and receiver shall be entitled to the same fees for examining and approving said testimony as are now allowed by law for taking the same. mitted to register; fees. SEC. 2. That if any witness making such proof, or the said applicant making such affidavit or oath, swears False affidavit. falsely as to any material matter contained in said proof, affidavits, or oaths, the said false swearing being willful and corrupt, he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. Approved, March 3, 1877 (19 Stat., 403). |