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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 herein before described, the patent for such land shall issue.
in the Army or
SEC. 2308. Where a party, at the date of his entry of a : Actual service tract of land under the homestead laws, or subsequently Navy, oquivalent thereto, was actually enlisted and employed in the Army June 8, 1872, 17 or Navy of the United States, his services therein shall, in S., 333. 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 Who may enter other person coming within the provisions of section two Ibid. 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.
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, i 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 1909,*
61002°–S. Doc. 547, 64-1-46
the ontmoemon alatan ings upon.
May 24, 1824. 4
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 con
to persons who
issue, effect of.
Patents issued SEC. 2448. Where patents for public lands have been had died before or may be issued, in pursuance of any law of the United
22. States, to a person who had died, or who hereafter dies, May 20, 1836,, 6 S., 31. before the date of such patent, the title to the land desig
nated 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
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. Enlarged homer Be it enacted by the Senate and House of Representatives of stead entries of 320 acres per the United States of America in Congress assembled, That mitted.
any person who is a qualified entryman under the home'stead laws of the United States may enter, by legal subdivisions, under the provisions of this act, in the States of
tiguous entries al
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
Y nonirrigable 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. .
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 me to
d's designated lands. 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.
SEC. 4. That at the time of making final proof, as Proof of cultiprovided 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 em- Minimum area braced 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
suchend ninth the pile to n has
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
stead entries not affected.
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 resi; of the original entry: Provided further, That where an dence on original entry.
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 home SEO. 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
eighty-nine of the Revised Statutes, but no person who tions.
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.
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 designated. this act without the necessity of residence: Provided,
Cultivation re That in such event the entryman on any such entry shall quired.
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
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:
stead entries per
lands in Idaho.
An Act To provide for an enlarged homestead. Be it enacted by the Senate and House of Representatives sten of the United States of America in Congress assembled, mitted of public That any person who is a qualified entryman under the 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 a reasonable cost, from any known source of water supply.
water for domes
SEC. 6. That whenever the Secretary of the Interior Lands without shall 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 not
required. 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).