United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 90 of 150)
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thereof to contestants, and for allowance to settlers of time to file applications,
were made by Act May 14, 1880, c. 80, § 1, post, | 4536.

Provisions relating to suspended entries and claims and invalid and defec-
tive claims, and the disposition thereof, were made by R. S. §{ 2450-2457,
and subsequent statutes, post, §§ 5106-5115.

The procedure in applications, entries, contests, and adjudications in the
Territory of Oklahoma are to be in form and manner prescribed under the home-
stead laws by Act May 2, 1800, c 182» S 20, post, S 5021, except as modified

(1863)



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§ 4632 THB PUBLIC LANDS (Tit 32

by Mid act, and Act March 1« 1889, e 817, 25 Stat 76», and Act Maitk 2,
1889, c 412, H 12-14, 25 SUt 1004.

Where more than the lawful parchaae money la reqoired to be paU bj
homeetead eettlert on final proof or commutation, the exceae ia to be ftptid,
by Act March 2, 1907, c 2568, poet, | 4542.

f 4533. (Act Aug. 24, 1912, c 355.) Failure to |ive notice of dec-
tion as to mode of final proof not to prejudice right o£ entry-
man to proceed under former law.
The failure of a homestead entryman to give notice of electi >n of
making his proof as required by the Act of June sixth, nineteen hun-
dred and twelve, being an Act to amend sections two hundred and
ninety-one and two hundred and ninety-seven of the Revised Statutes
of the United States, relating to homesteads, shall not in an3rwise
prejudice his rights to proceed in accordance with the law under which
such entry was made, (37 Stat. 455.)

Act Jane 0, 1912, c 158, mentioned in this section, amended R. 8. | 2291,
to read ae let forth ante, § 4532, and R. S. S 2297, to read as set forth poet, | \

4552. '

The description of that act as an act to amend B. & U 291 and 297, Is
tl&is section, is apparenUy an error.

f 4534. (Act March 4, 1913, c 149.) Right of settler <m untur-
veyc^ land to elect* as to law under which to make final prool.
Any person entitled to enter lands under the homestead lavs,
who may have established residence upon unsurveyed lands (wh\cb
were subject to homestead entry) prior to the passage and av
proval of the Act of June sixth, nineteen hundred and twelve, tor
titled "An Act to amend section twenty-two hundred and ninety
one and section twenty-two hundred and ninety-seven, of the R^"
vised Statutes relating to homesteads," may perfect his proof for
such lands under said Act of June sixth, nineteen hundred and
twelve, or under the law existing at the time of the establishment
of such residence, as he may elect, such election to be signified to
the Department of the Interior in accordance with rules and reg-
ulations to be prescribed by the Secretary. (37 Stat 925.)

Act June 6, 1912, c 149, mentioned in this section, amended R. 8. f ^^^h
to reed as set forth ante, f 4532, and R. S. { 2297, to read as set fbrtlt P<mC
I 4552.

Provisions for the election, by one who bad entered a homestead prior to tb«
passage of tliat act, as to the law under which he would make final pi^^
were contained in R. S. | 2291, as amended in 1912, ante, | 4532.

§ 4535. (R. S. § 2288, as amended. Act March 3» 1891, c 56U § ^
and Act March 3, 1905, c 1424.) Right of transfer of settlert
under homestead or pre-emption laws for certain public P*^
poses.

Any bona fide settler under the preemption, homestead, or otncr
settlement law shall have the right to transfer, by warranty
against his own acts, any portion of his claim for church, ccttit-
tery, or school purposes, or for the right of way of railroads, tele-
graph, telephones, canals, reservoirs, or ditches, for irrigatioo o^
drainage across it ; and the transfer for such public purposes sh^ "*
(1864)



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Ch. 6) THB PUBLIC LANDS § 4537

no way vitiate the right to complete and perfect the title to his
claim.

Act March 8, 1873, c. 266» 17 Stat 002. Act March 8, 1891, c. 501, S 8.
20 SUt 1097. Act March 8, 1905, c. 1424, 88 Stat 991.

This section, as originally enacted was as follows:

'*An7 person who has already settled or hereafter may settle on the public
lands, either by pre-emption, or by virtue of the Homestead Law, or any
amendments thereto, shall have the right to transfer, by warranty against his
own acts, any portion of his pre-emption or homestead for church, cemetery,
or school purposes, or for the right of way of railroads across such pre-emp-
tion or homestead, and the transfer for such public purposes shall in no way
vitiate the right to complete and perfect the title to their pre-emptions or home-
steads."

It was included in chapter 4 of this Title of the Revised Statutes, and was
not expressly excepted from the repeal of that chapter by Act March 8, 1891, c
501, S 4, 20 Stat. 1097, but was amended by section 4 of that act to read as
set forth here, except for the words ''telegraph, telephones," which were in-
serted in the section by Act March 8, 1905, c 1424, also cited above.

The right of any homestead settler in Alaska to transfer any portion of the
land settled upon, as provided by this section, was restricted by a provision of
Act March 8, 1903, c 1002, post, { 5040.

§ 4536. (Act May 14, 1880, c. 89, § 1.) Relinquishment of claim;
land open to entry.
When a [pre-emption,] 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 set-
tlement and entry without further action on the part of the Com-
missioner of the General Land Office. (21 Stat. 140.)

This section and the two sections next following were an act entitled "An
act for the relief of settlers on pnbiic lands," cited above.

The word "pre-emption/* inclosed in brackets in this section, was superseded
by the repeal of the preemption laws by Act March 3, 1891, c 561, | 4, 26
SUt 1097. See notes to chapter 4 of this Title.

The words **or timber-culture" also inclosed in brackets, were superseded
by the repeal of tha timber-culture laws by Act June 8, 1893, c 561, { 1, post, |
5116.

§ 4537. (Act May 14, 1880, c. 89, § 2, as amended, Act July 26,
1892, c. 251.) Cancellation of claim; notice to contestant;
death of contestant.
In all cases where any person has contested, paid the land-of-
fice fees, and procured the cancellation of any [pre-emption,] home-
stead, [or timber-culture] entry, he 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 initiated a contest die before
the final termination of the 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 Uie same rights under this act that contestant would

(1865)



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§ 4537 THB PUBUC LANDS (Tit 32

have been if his death had not occurred. (21 Sut 141. 27 Sut
270.)

This section, as orUrinally enacted, did not contain the last proriso thereof,
as set forth here. Said proviso was added by amendment of the section by Act
July 26. 1»92, c 251, last cited above.

llie word ''pre-emption/' inclosed in brackets in this section, was saper>
seded by the repeal of the pre-emption laws by Act Biarch 3, 1£^1, c 561, |
4, 26 Stat. 1097. See note to chapter 4 of this Title.

The words **or timber culture," also inclosed in brackets, were saperst^ed
by the repeal of the timber-culture laws by Act March 8, 1891, c 561, | 1,
post, I 5116.

The provision of this section, as originally enacted, that the fee for Kivinc
notice of cancellation was not to be reported, was superseded by the require-
ment that all fees collected from any source whatever by registers and receiten,
which would increase their salaries beyond |3,000 a year and the actual cost
of clerical service in contested cases, should be covered into the Treasury, by
Act March 3, 1887, c 362, ante, i 4479. The provision was re-enacted by the
amendment of this section as set forth above, and again superseded by the re-
quirement that these fees should be reported and accounted for, by Act Marcb
4, 1911, c 261, f 2, ante, | 4480.

Where contests were initiated under this act prior to withdrawal of the
land for national forest purposes, qualified successful contestants were al-
lowed to exercise their preference right to enter the land, for a limited time,
by Act March 3, 1911, c. 225, f 2, post, | 5172.

§ 4538. (Act May 14, 1880, c. 89, § 3, as amended. Act June 6, 1900,
c. 821, and Act Aug. 9, 1912, c. 280.) Time for settler to file
homestead application and perfect entry; marriage of home-
stead entrywoman; preference rights to settlers on enlarged
homesteadis on non-uxigable lands; time for entry on en-
larged homesteads.
Any settler who has settled, or who shall hereafter settle, on any
of the public lands of the United States, whether surveyed or un-
surveyed, with the intention of claiming the same under the home-
stead laws, shall be allowed the same time to file his homestead ap-
plication and perfect his original entry in the United States land-
office as is now allowed to settlers under the pre-emption 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 pre-emption
laws.

Where an unmarried woman who has heretofore settled, or may
hereafter settle, upon a tract of public land, improved, established,
and maintained a bona fide residence 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 resi-
dence on said land, and is otherwise qualified to make homestead
entry: Provided further. That the man whom she marries is not,
at the time of their marriage, claiming a separate tract of land under
the homestead law. That this Act shall be applicable to all unpat-
ented lands claimed by such entrywoman at the date of passage.
Provided, That any settler upon lands designated by the Secretary
of the Interior as subject to the provisions of sections one to five

(1866)



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Ch. 6) THB PUBLIC LANDS § 4539

of the enlarged homestead Acts of February nineteenth, nineteen
hundred and nine (Thirty-fifth Statutes at Large, page six hun-
dred and thirty-nine), and June seventeenth, nineteen hundred and
ten (Thirty-sixth Statutes at Large, page five hundred and thirty-
one), shall be entitled to the preference right of entry accorded by
this section, provided he shall have plainly marked the exterior
boundaries of the lands claimed as his homestead: And provided
further, That after the designation by the Secretary of the Interior
of public lands for entry under the nonresidence provisions of the
enlarged homestead Acts of February nineteenth, nineteen hundred
and nine, and June seventeenth, nineteen hundred and ten, any per-
son who shall have plainly marked the exterior boundaries of the
lands claimed under said provisions of law and made valuable im-
provements thereon shall have a preference right to enter the lands
so claimed and improved at any time within three months after
the date on which such lands become subject to entry; but such
right shall forfeit unless the settler or claimant under the provi-
sions of the enlarged homestead Acts shall annually cultivate and
improve the lands in the form and manner and to the extent there-
in required following date of initiation of his claim hereunder.
(21 Stat. 141. 31 Stat. 683. 37 Stat. 267.)

This section, as originally enacted, contained only the first paragraph there-
of as set forth here, ending with the words, "the same as if he settled under the
pre-emption laws."

It was amended by Act June 6, 1900, c. 821, cited above, by adding the
provisions beginning with the words, **Where an unmarried woman who has
heretofore settled," etc, and ending with the words, "claimed by such entry-
woman at the date of passage.*'

It was farther amended by Act Aug. 9, 1912, c. 280, last cited above, by
adding at the end of the section as theretofore amended, the provisos ban-
ning with the words, "Provided, that any settler upon lands designated by the
Secretary of the Interior as subject to the provisions of sections one to t:ye"
etc., to the end of the section as set forth here.

The enlarged homestead acts, Act Feb. 19, 1909, c. 100, and Act June 17,
1910, c. 298, mentioned in the provisos added to the section by said last amend-
ment, are set forth post, f f 4563-4574.

§ 4539. (Act March 3, 1879, c. 192.) Notice of intention to make
final proof.
Before final proof shall be submitted by any person claiming to
enter agricultural lands under the laws providing for [pre-emption
or] homestead entries, such person shall file with the register of
the proper land-office a notice of his or her intention to make such
proof, stating therein the description of lands to be entered, and
the names of the witnesses by whom the necessary facts will be
established. Upon the filing of such notice, the register shall pub-
lish a notice, that such application has been made once a week for
the period of thirty days, in a newspaper to be by him designated
as published nearest to such land, and he shall also post such no-
tice in some conspicuous place in his office for the same period.
Such notice shall contain the names of the witnesses as stated in
the application. At the expiration of said period of thirty days, the
claimant shall be entitled to make proof in the manner heretofore

(1867)



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§ 4539 THB PUBLIC LANDS (Tit 32

provided by law. The Secretary of the Interior shall make all neces-
sary rules for giving effect to the foregoing provisions. (20 Stat
472.)

Thif was an act entitled "An act to proride additional re^ulationa for borne-
•tead and pre-emption entries of public lands."

Tbe words "pre-emption or," inclosed in brackets in tbis section, were su-
perseded by the repeal of tbe pre-emption laws by Act Marcb S, 1891, c 061.
i 4. 26 Stat 1097. See notes to chapter 4 of this Title.

Tbis act is not to be construed as forbidding the taldng of testimony for
final proofe within ten days following the day advertised as upon which such
final proof shall be made, in cases where accident or unaToidable delays have
prevented the applicant or witnesses from making such proof on tbe date spec-
ified, by Act March 2, 1889, c. 881, ^ 7, post, f 4549.

§ 4540. (Act March 2, 1889, c. 381, § 7.) Taking testimony for
final proof in case of unavoidable delay.
The "act to provide additional regulations for homestead and
pre-emption entries of public lands," approved March third, eight-
een hundred and seventy-nine, shall not be construed to forbid
the taking of testimony for final proof within ten days following
the day advertised as upon which such final proof shall be made,
in cases where accident or unavoidable delays have prevented the
applicant or witnesses from making such proof on the date speci-
fied. (25 Stat. 855.)

This section was part of an act to withdraw certain public lands from pri-
Tate entry, etc, cited above.

Act March 3, 1879, c. 192, motioned in this section, is set forth ante, |
4539.

§ 4541. (Act June 3, 1878, c. 152, § 1.) Notice of contest; pub-
lication.
The notices of contest now provided by law under the home-
stead, [pre-emption 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. (20 Stat. 91.)

This was an act entitled **An act to provide for the publication of Noticoi
of contest under the homestead, pre-emption, and tree-culture laws of the
United States."

The words ''pre-emption and tree-culture," inclosed in brackets in this sec-
tion, were superseded by the repeal of the pre-emption and tree-culture laws bj
Act March 3, 1891, c. 561, { 1, post, f 6116, and section 4 of said act, 26 Stat

1097. See notes to chapter 4 of this Title.

Ck>ntests under the pre-emption laws were provided for by R. S. I 227S.

S 4542. (Act March* 2, 1907, c. 2568.) Repayment of excess re-
quired to be paid on final proof or conunutation.
In all cases in which homestead entrymen upon final proof or
commutation shall have been required to pay more than the law-
ful purchase money for their lands, the Secretary of the Interior
shall cause the excess to be repaid to the entryman or to his heirs
or assigns. (34 Stat 1248.)

This was an act entitled **An act for tbe relief of homestead entrymen who
have paid more than the lawful purchase money.*'
Subsequent provisions for repayment of excess moneys paid onder tbe public

(1868)



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Ch. 5) THE PUBLIC LANDS § 4646

land laws, and of purchase moneys, etc., paid under applications, etc., after-
wards rejected, were made by Act March 26, 1908, c 102, ante, §§ 4491-4493.

§ 4543. (R. S. § 2292.) When rights inure to the benefit of in-
fant children.
In case of the death of both father and mother, leaving an infant
child or children under twenty-one years of age, the right and fee
shall inure to the benefit of such infant child or children; and the
executor, administrator, or guardian may, at any time within two
years after the death of the surviving parent, and in accordance with
the laws of the State in which such children, for the time being, have
their domicile, sell the land for the benefit of such infants, but for no
other purpose, and the purchaser shall acquire the absolute title by
the purchase, and be entitled to a patent from the United States on
the payment of the ofSce-fees and sum of money above specified.
Act June 21, 1866, c 127. § 2, 14 Stat. 67.

The proviBlons of R. S. § 2291, ante, § 4532, and of this section were made
applicable to the cases of settlers who had actaally established residence and
made improvements on land in Greer county, Okl., prior to March 16, 1896,
and their entry on such lands was to be treated as having accrued at the time
the residence was established, by Act Jan. 18, 1897, c. 62, { 1, post, | 5040.

Provisions for issuing patents in cases where the claimants have become in-
sane were made by Act June 8, 1880, c. 136, post, § 4544.

Provisions relating to the rights of widows and children of persons entitled to
soldiers' or sailors* homesteads were made by E. S. | 2307, post, § 4602.

§ 4544. (Act June 8, 1880, c. 136.) Insanity of settlers; proof and
pa3mient by persons authorized to act for them.

In all cases in which parties who regularly initiated claims to
public lands as settlers thereon according to the provisions of the
[pre-emption or] homestead laws, have become insane or shall
hereafter become insane before the expiration of the time during
which their residence, cultivation, 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 satis-
factory 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 requirement 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. (21 Stat. 166.)

This was an act entitled "An act to provide for issuing patents for public

lands claimed under the pre-emption and homestead laws in cases where the

claimants have become insane."
The words "pre-emption or," inclosed in brackets in this section, were sn-

perseded by the repeal of the pre-emption laws by Act March 3, 1891, c. .561,

S 4, 26 Stat 1097. See notes to chapter 4 of this Title.

§ 4545. (R. S. § 2293.) Persons in military or naval service, when
and before whom to make affidavit.
In case of any person desirous of availing himself of the benefits

(1869)



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S 4546 THE PUBLIC LANDS (Tit 32

of this chapter ; but who, by reason of actual service in the military
or naval service of the United States, is unable to do the personal
preliminary acts at the district land-office which the preceding sec-
tions require ; and whose family, or some member thereof, is residing
on the land which he desires to enter, and upon which a bona-fidc im-
provement and settlement have been made, such person may make the
affidavit required by law before the officer commanding in the branch
of the service in which the party is engaged, which affidavit shall be
as binding in law, and with like penalties, as if taken before the regis-
ter or receiver; and upon such affidavit being filed with the register
by the wife or other representative of the party, the same shall be-
come effective from the date of such filing, provided the application
and affidavit are accompanied by the fee and commissions as required
by law.

Act March 21, 1804, a 88, | 4, 18 Stat 85.

§ 4546. (R. S. § 2294, as amended. Act May 26, 1890, c 355, Act
March 11, 1902, c 182, and Act March 4, 1904, c. 394.) Of-
ficers before whom affidavits, proofs, etc., may be made ; false
swearing deemed perjury and punishable; fees.
Hereafter all proofs, affidavits, and oaths of any kind whatso-
ever required to be made by applicants and entrymen under the
homestead, [pre-emption, timber-culture,] desert-land, and timber
and stone Acts, may, in addition to those now authorized to take
such affidavits, proofs, and oaths, be made before any United States
commissioner or commissioner of the court exercising Federal ju-
risdiction in the Territory or before the judge or clerk of any court
of record in the county, parish, or land district in which the lands arc
situated : Provided, That in case the affidavits, proofs, and oaths here-
inbefore mentioned be taken out of the county in which the land is
located the applicant must show by affidavit, satisfactory to the G)ni-
missioner of the General Land Office, that it was taken before the near-
est or most accessible officer qualified to take said affidavits, proofs, and
oaths in the land districts in which the lands applied for are located;
but such showing by affidavit need not be made in making final proof if
the proof be taken in the town or city where the newspaper is published
in which the final proof notice is printed. The proof, affidavit, and
oath, when so made and duly subscribed, or which may have heretofore
been so made and duly subscribed, shall have the same force and effect
as if made before the register and receiver, when transmitted to them
with the fees and commissions allowed and required by law. If
any witness making such proof, or any applicant making such affida>nt
or oath, shall knowingly, willfully, or corruptly swear falsely to any
material matter contained in said proofs, affidavits, or oaths 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. The fees
for entries and for final proofs, when made before any otl:er officer than
the register and receiver, shall be as follows :
For each affidavit, twenty-five cents.

For each deposition of claimant or witness, when not prepared
by the officer, twenty-five cents.
(1870)



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Ch. 5) THE PUBLIC LANDS § 4546

For each deposition of claimant or witness, prepared by the of-
ficer, one dollar.

Any officer demanding or receiving a greater sum for such serv-
ice shall be guilty of a misdemeanor, and upon conviction shall
be punished for each offense by a fine not exceeding one hundred



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 90 of 150)