sentatives, may proceed forthwith to make final proof upon the land so held by the deceased soldier and settler, and that the death of such soldier while so engaged in the service of the United States shall, in the administration of the homestead laws, be construed to be equivalent to a performance of all requirements as to residence and cultivation for the full period of five years, and shall entitle his widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, to make final proof upon and receive Government patent for said land; and that upon proof produced to the officers of the proper local land office by the widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, that the applicant for patent is the widow, if unmarried, or in case of her death or marriage, his orphan children or his or their legal representatives, and that such soldier, sailor, or marine died while in the service of the United States as hereinbefore described, the patent for such land shall issue. SEC. 2308. Where a party, at the date of his entry of a tract of land under the homestead laws, or subsequently thereto, was actually enlisted and employed in the Army or Navy of the United States, his services therein shall, in the administration of such homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered. And if his entry has been canceled by reason of his absence from such tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored; but if such tract has been disposed of the party may enter another tract subject to entry under the homestead laws, and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service. SEC. 2309. Every soldier, sailor, marine, officer, or other person coming within the provisions of section two thousand three hundred and four, may, as well by an agent as in person, enter upon such homestead by filing a declaratory statement, as in preemption cases; but such claimant in person shall within the time prescribed make his actual entry, commence settlement and improvements on the same, and thereafter fulfill the requirements of the law. Actual service in the Army or Navy, equivalent to residence. Who may enter by agent. ings upon. SEC. 2372. In all cases where an entry, selection, or Error in entry by mistake of location has been or shall hereafter be made of a tract of number, proceedland not intended to be entered, the entryman, selector, May 24, 1824, 4 or locator, or, in case of his death, his legal representa- s., 31; Feb. 24, tives, or, when the claim is by law transferable, his or 61002°-S. Doc. 547, 64-1-——6 1909, 35 S., 645. Patents issued to persons who issue, effect of. May 20, 1836, 5 S., 31. their transferees, may, in any case coming within the provisions of this section, file his or their affidavit, with such additional evidence as can be procured showing the mistake as to the numbers of the tract intended to be entered and that every reasonable precaution and exertion was used to avoid the error, with the register and receiver of the land district in which such tract of land is situate, who should transmit the evidence submitted to them, in each case, together with their written opinion both as to the existence of the mistake and the credibility of every person testifying thereto, to the Commissioner of the General Land Office, who, if he be entirely satisfied that the mistake has been made and that every reasonable precaution and exertion has been made to avoid it, is authorized to change the entry and transfer the payment from the tract erroneously entered to that intended to be entered, if the same has not been disposed of and is subject to entry, or if not subject to entry, then to any other tract liable to such entry, selection, or location; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize such change of entry, nor shall anything herein contained affect the right of third persons. * * * * SEC. 2448. Where patents for public lands have been had died before or may be issued, in pursuance of any law of the United States, to a person who had died, or who hereafter dies, before the date of such patent, the title to the land designated therein shall inure to and become vested in the heirs, devisees, or assignees of such deceased patentee as if the patent had issued to the deceased person during life. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE Enlarged homestead entries of 320 acres mitted. REVISED STATUTES. ENLARGED HOMESTEADS. The act of February 19, 1909 (35 Stat., 639), was amended by the acts of June 13, 1912 (37 Stat., 132), March 3, 1915 (38 Stat., 953), and March 4, 1915 (38 Stat., 1162), California, Kansas, North Dakota, and South Dakota being inserted among the States affected thereby; it was further amended by the acts of February 11, 1913 (37 Stat., 666), and March 3, 1915 (38 Stat., 956), by inserting new sections, numbered 3 and 4. The act as it now stands reads as follows: An Act To provide for an enlarged homestead. Be it enacted by the Senate and House of Representatives of per the United States of America in Congress assembled, That any person who is a qualified entryman under the homestead laws of the United States may enter, by legal subdivisions, under the provisions of this act, in the States of ritories affected. nonirrigable Arizona, California, Colorado, Kansas, Montana, Nevada, States and TerNew Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming, three hundred and twenty acres, or less, of nonmineral, nonirrigable, unreserved, and unappropriated surveyed public lands which do not contain merchantable timber, located in a reasonably compact body, and not over one and one-half miles in extreme length: Provided, That no lands shall be subject to entry Designation of under the provisions of this act until such lands shall have lands. been designated by the Secretary of the Interior as not being, in his opinion, susceptible of successful irrigation at a reasonable cost from any known source of water supply. SEC. 2. That any person applying to enter land under Applications the provisions of this act shall make and subscribe before the proper officer an affidavit as required by section twenty-two hundred and ninety of the Revised Statutes, and in addition thereto shall make affidavit that the land sought to be entered is of the character described in section one of this act, and shall pay the fees now required to be paid under the homestead laws. fees, etc. tiguous entries al SEC. 3. That any person who has made, or shall make, Additional conhomestead entry of lands of the character herein de- lowed. scribed, and who has not submitted final proof thereon, or who having submitted final proof still owns and occupies the land thus entered, shall have the right to enter public lands, subject to the provisions of this act, contiguous to his first entry, which shall not, together with the original entry, exceed three hundred and twenty acres: Provided, Restricted That the land originally entered and that covered by the additional entry shall have first been designated as subject to this act, as provided by section one thereof. to designated lands. Proof of cultivation. Minimum area required. SEC. 4. That at the time of making final proof, as provided in section twenty-two hundred and ninety-one of the Revised Statutes, the entryman under this act shall, in addition to the proofs and affidavits required under said section, prove by himself and two credible witnesses that at least one-sixteenth of the area embraced in such entry was continuously cultivated for agricultural crops other than native grasses, beginning with the second year of the entry, and that at least oneeighth of the area embraced in the entry was so continuously cultivated beginning with the third year of the entry: Provided, That any qualified person who has Requirements heretofore made, or who hereafter makes, additional cultivation modientry under the provisions of section three of this act to an entry upon which final proof has not been made, may be allowed to perfect title to his original entry by showing compliance with the provisions of section twentytwo hundred and ninety-one of the Revised Statutes, respecting such original entry, and thereafter in making proof upon his additional entry shall be credited with residence maintained upon his original entry from date of such original entry, but the cultivation required upon entries made under this act must be shown respecting of residence and fied. combined area. dence on original entry. such additional entry, which cultivation, while it may be made upon either the original or additional entry or upon both entries, must be cultivation in addition to that relied upon and used in making proof upon the original entry; or, if he elects, his original and additional entries may be considered as one, with full credit for residence upon and improvement made upon his original entry, in which event the amount of cultivation herein required shall apply to the total area of the combined entry, and proof may be made upon such combined entry whenever it can be shown that the cultivation required by this section has been performed; and to this end the time Final proofs in within which proof must be made upon such a combined entry is hereby extended to seven years from the date Credit for rest of the original entry: Provided further, That where an entry is made as additional to an entry upon which final proof has theretofore been submitted by an entryman who still owns and occupies the land thus entered, the entryman in making proof upon his additional entry shall be credited with residence maintained upon his original entry from date thereof, but the cultivation required upon entries made under this act must be shown respecting such additional entry and must be performed upon the land included therein to the extent and for the period required in connection with the original entries under this act, proof of which must be submitted within five years from and after the date of the additional entry: Total residence. Provided further, That nothing herein contained shall be so construed as to require residence upon the combined entry in excess of the period of residence as required by section twenty-two hundred and ninety-one of the Revised Statutes. Regular homestead entries not affected. SEC. 5. That nothing herein contained shall be held to affect the right of a qualified entryman to make homestead entry in the States named in section one of this act under the provisions of section twenty-two hundred and No commuta- eighty-nine of the Revised Statutes, but no person who has made entry under this act shall be entitled to make homestead entry under the provisions of said section, and no entry made under this act shall be commuted. tions. Utah. water for domestic use. SEC. 6. That whenever the Secretary of the Interior shall find that any tracts of land, in the State of Utah, subject to entry under this act, do not have upon them Lands without such a sufficient supply of water suitable for domestic purposes as would make continuous residence upon the lands possible, he may, in his discretion, designate such tracts of land, not to exceed in the aggregate two million Residence not acres, and thereafter they shall be subject to entry under this act without the necessity of residence: Provided, Cultivation re- That in such event the entryman on any such entry shall in good faith cultivate not less than one-eighth of the entire area of the entry during the second year, onefourth during the third year, and one-half during the fourth and fifth years after the date of such entry, and required if designated. quired. that after entry and until final proof the entryman shall reside within such distance of said land as will enable him successfully to farm the same as required by this section. In the act of June 17, 1910 (36 Stat., 531), applicable to Idaho alone, sections 2, 3, 4, and 5 are identical with those in the foregoing act as amended. Sections 1 and 6 are as follows: An Act To provide for an enlarged homestead. stead entries per Be it enacted by the Senate and House of Representatives Enlarged homeof the United States of America in Congress assembled, mitted of public That any person who is a qualified entryman under the lands in Idaho. homestead laws of the United States may enter, by legal subdivision, under the provisions of this act, in the State of Idaho, three hundred and twenty acres or less of arid nonmineral, nonirrigable, unreserved, and unappropriated surveyed public lands which do not contain merchantable timber, located in a reasonably compact body and not over one and one-half miles in extreme length: Provided, That no lands shall be subject to entry under the provisions of this act until the lands shall have been designated by the Secretary of the Interior as not being, in his opinion, susceptible of successful irrigation, at reasonable cost, from any known source of water supply. * * * * * Lands without required. be made. not SEC. 6. That whenever the Secretary of the Interior water for domesshall find that any tracts of land in the State of Idaho tic use. subject to entry under this act do not have upon them such a sufficient supply of water suitable for domestic purposes as would make continuous residence upon the lands Residence possible, he may, in his discretion, designate such tracts of land, not to exceed in the aggregate three hundred and twenty thousand acres, and thereafter they shall be subject to entry under this act without the necessity of residence upon the land entered: Provided, That the entry-Cultivation to man shall in good faith cultivate not less than one-eighth of the entire area of the entry during the second year, onefourth during the third year, and one-half during the fourth and fifth years after the date of said entry, and that after six months from date of entry and until final proof the entryman shall reside not more than twenty miles from said land and be engaged personally in preparing the soil for seed, seeding, cultivating, and harvesting crops upon the land during the usual seasons for such work unless prevented by sickness or other unavoidable cause. Leave of absence from a residence established Leaves of abunder this section may, however, be granted upon the same terms and conditions as are required of other homestead entrymen. Approved, June 17, 1910 (36 Stat., 531). Personal work. sence. |