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 91 of 150)
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Act March 21, 1864, c 38, § 3, 13 Stat. 35. Act May 26, 1890, c. 355. 26
Stat 121. Act March 11, 1902, c 182, 32 Stat 63. Act %irch 4, 1904, c.
394, 33 Stot 59.

This section, as originally enacted, was as follows:

*'In any case in which the applicant for the benefit of the homestead, and
whose family or some member thereof, is residing on the land which he desires
to enter, and upon which a bona-fide improvement and settlement have been
made, is prevented by reason of distance, bodily infirmity, or other good cause,
from personal attendance at the district land oflSce, it may be lawful for him
to malce the* afildavit required by law before the clerk of the court for the
county in which the applicant is an actual resident, and to transmit the same,
with the fees and commissions to the register and receiver."

It was amended by Act May 26, 1890, c. 355, cited above, to read as follows:

"In any case in which the applicant for the benefit of the homestead, pre-
emption, timber culture, or desert land law is prevented, by reason of distance,
bodily infirmity, or other good cause, from personal attendance at the district
land office, he or she may make the affidavit required by law before any com-
missioner of the United States circuit court or the clerk of a court of record
for the county in which the land is situated, and transmit the same, with the
fee and commissions to the register and receiver. That the proof of settlement,
residence, occupation, cultivation, irrigation, or reclamation, the affidavit of
non-alienation, the oath of allegiance, and all other affidavits required to be
made under the homestead, pre-emption, timber culture, and desert land laws,
may be made before the judge or clerk of any court of record of the county or
parish in which the lands are situated; 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 and receiver, when transmitted to them, with the fee
and commissions allowed and required by law;" the balance of the section
being the same as set forth here.

It was further amended by Act March 11, 1902, c 182, also cited above, to
read as set forth here, except that the words "county, parish," before the words
"or land district," in the first sentence of the section, and the words "or which
may have heretofore been so made and duly subscribed" in the second sentence,
were not contained in that act, but were added by the amendment by Act
March 4, 1904, c 394, last cited above.

The words "pre-emption, timber-culture," inclosed in brackets in this section,
became inoperative on the repeal of the pre-emption laws by Act March 3,
1891, c. 561, f 4, 26 Stat 1097, and of the timber-culture laws by Act March
3, 1891, c. 561, § 1, post, $ 5116.

The appointment of United States commissioners, empowered to administer
the oaths in preliminary affidavits and final proofs, in like manner as pro-
vided in this section, was authorized by Act March 2, 1895, c. 174, post, |{
4547-4549.

This section, as amended, superseded somewhat similar provisions contained
in Act March 3, 1877, c. 122, f§ 1, 2, 19 Stat 403, which was entitled "An
act to amend section twenty-two hundred and ninety-one of the Revised Stat-
utes of the United States, in relation to proof required in homestead entries."
See note to R. S. f 2291, ante, f 4532.

This section, as amended, also superseded somewhat similar provisions con-
cerning the affidavits required under the pre-emption laws, R. S. § 2262, and
the laws concerning the commutation of homesteads, R. S. i 2301, post, § 4589,
made by Act June 9, 1880, c 164, 21 Stat 169.

(1871)



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§ 4647 THB PUBLIC LANDS (Tit SS



§ 4547. (Act March 2, 1895» c. 174, § 1.) United SUtet court (
missioners; appointment
The chief justice of the court exercising Federal jurisdiction in
the Territories shall have power to appoint commissioners in the
several judicial districts, to be known when appointed as United
States court commissioners. (28 Stat. 744.)

This section and the two sections next following were part of en act en-
titled **An act granting chief justice of United States coortB in Territories
power to ap^int commissioners to take proof in land cases, and ao forth.**

Section 4 of the Act provided that the act should be in force from and after
its passage, and is omitted as temporary.

§ 4548. (Act March 2, 1895, c 174, § 2.) Administration of oatfat
in preliminary affidavits and finid proofs under land laws.
Said commissioners shall have power, and it shall be their duty
on application by proper person, to administer the oaths in pre-
liminary affidavits and Anal proofs required under the homestead,
pre-emption, timber culture, and desert-land laws in their respec-
tive districts, in like manner as provided for in reference to United
States circuit court commissioners, in the Act of May twenty-sixth,
eighteen hundred and ninety. Twenty-sixth Statutes at Large,
page one hundred and twenty-one. (28 Stat. 744.)

Act May 26, 1890, c 855, mentioned in this section, amended R. 8. f ^291
ante, S 4546. See note to that section for the provisions of said act.

§ 4549. (Act March 2, 1895, c. 174, § 3.) PUce of residence of
court commissioner.
No commissioner shall be appointed who resides within thirty
miles of any local land office, nor shall any commissioner be ap-
pointed who resides within thirty miles of any other commissioner.
(28 Stat 744.)

§ 4550. (R. S. § 2295.) Record of applications.

The register of the land-office shall note all applications under
the provisions of this chapter, on the tract-books and plats of his
office, and keep a register of all such entries, and make return
thereof to the General Land Office, together with the prool upon
which they have been founded.

Act May 20, 1862, c. 75, I 3, 12 SUt 393.

§ 4551. (R. S. § 2296.) Homestead lands not to be subject to pri-
or debts.
No lands required under the provisions of this chapter shall in

any event become liable to the satisfaction of any debt contracted

prior to the issuing of the patent therefor.
Act May 20, 1802, c 76, S 4, 12 Stat. 303.
The word ''required," in this aectioQ was evidently intended for "acquired.**

§ 4552. (R S. § 2297, as amended, Act March 3, 1881, c. 153, and
Act June 6, 1912, c. 153.) When lands entered for homestead
revert to Government.
If, at any time after the filing of the affidavit as required in sec-
tion twenty-two hundred and ninety and before the expiration of
the three years mentioned in section twenty-two hundred and

(1872)



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Ch. 5) THB PUBLIC LANDS § 4553

ninety-one, it is proved, after due notice to the settler, to the sat-
isfaction of the register of the land office that the person having
filed such affidavit has failed to establish residence within six
months after the date of entry, or abandoned the land for more
than six months at any time, then and in that event the land so
entered shall revert to the Government: Provided, That the three
years' period of residence herein fixed shall date from the time of
establishing actual permanent residence upon the land: And pro-
vided further, That where there may be climatic reasons, sickness,.
or other unavoidable cause, the Commissioner of the General Land
Office may, in his discretion, allow the settler twelve months from
the date of filing in which to commence his residence on said land
under such rules and regulations as he may prescribe.

Act May 20, 1862, c. 75, § 5, 12 Stat 393. Act March 3, 1881, c. 153, 21
Stat 511. Act June 6, 1912, c 153, 37 Stat 123.
This Bection, as originally enacted, was as follows:

"If, at any time after the filing of the affidavit, as required in section
twenty-two hundred and ninety, and before the expiration of the five years
mentioned in section twenty-two hundred and ninety-one, it is proved, after
due notice to the settler, to the satisfaction of the register of the land-office,
that the person having filed such affidavit has actually changed his residence,
or abandoned the land for more than six months at any time, then and in
that event the land so entered shall revert to the Government."

It was amended by Act March 3, 1881, c 153, cited above, by adding a
proviso that for climatic reasons the Commissioner of the General Land Office
might, in his discretion, allow the settler twelve months from the date of filing *
in which to commence his residence, and was further amended, to read as
set forth here, by Act June 6, 1912, c. 153, last cited above.

Leaves of absence and extensions of time for final proofs and payment were
granted to settlers by Act July 1, 1879, c 63, § 1, Act March 2, 1889, c. 381,
t 3, as amended by Act Dec. 29, 1894, c. 14, and Res. Sept 30, 1890, No.
59, post, §1 4553-4555.

§ 4553. (Act July 1, 1879, c. 63, § 1.) Leave of absence where
crops destroyed or seriously injured by grasshoppers.
It shall be lawful for homestead [and pre-emption] settlers on
the public lands, [and in all cases where pre-emptions are author-
ized by law,] where crops have been or may be destroyed or se-
riously injured by grasshoppers, to leave and be absent from said
lands, under such rules and regulations, as to proof of the same,
as the Commissioner of the General Land Office shall prescribe;
but in no case shall such absence extend beyond one year contin-
uously ; and during such absence no adverse rights shall attach to
said lands, such settlers being allowed to resume and perfect their
settlement as though no such absence had occurred. (21 Stat. 48.)
This section was part of an act entitled "An act for the relief of settlers^
on the public lands in districts subject to grasshopper incursions," cited above.
Section 2 of the act extended the time £or making final proof and payment
upon pre-emption claims.

That section and the words inclosed in brackets in this section became^
inoperative upon the repeal of the pre-emption laws by Act March 3, 1891, c.
561, § 4, 26 Stat. 1097, and of the timber-culture laws by Act March 3, 1891,
c. 561, f 1, post, § 5116.

More comprehensive provisions for leaves of absence on account of de-
struction or failure of crops were made by Act March 2, 1889, c. 381, { 3,.
post, § 4554.

Comp.St.'13-118 (1873)



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§ 4554 THE PUBLIC LANDS (Tit 32

§ 4554. (Act March 2, 1889, c 381, § 3, at amended. Act Dec. 29,
1894, c 14.) Leave of absence on destruction or failure of
crops, sickneM, or other unavoidable casualty.
That whenever it shall be made to appear to the register and re-
ceiver of any public land office, under such regulations as the Sec-
retary 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 cas-
ualty, 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 settler a leave of absence from the claim
upon which he or she has filed. for a period not exceeding one year
at any one time, and such settler so granted leave of absence shall
forfeit no rights by reason of such absence: Provided, That the
time of such actual absence shall not be deducted from the actual
residence required by law. That if any such settler has heretofore
forfeited his or her entry for any of said reasons, such person shall
be permitted to make entry of, not to exceed a quarter section on
any public land subject to entry under the homestead law, and to
perfect title to the same under the same conditions in every respect
as if he had not made the former entry. (25 Stat. 854. 28 Stat. 599.)
Tblg section was amended by Act Dec 29, 1894, c 14, dted abore, by
addinf to tbe proyiso at the end of the section as originally enacted the word«
beginning, **That if any such settler has heretofore forfeited," to the end of
the section as set forth here.

§ 4555. (Res. Sept. 30, 1890, No. 59.) Time for pajrment extended.
Whenever it shall appear by the filing of such evidence in the of-
fices of any register and receiver as shall be prescribed by the Secre-
tary of the Interior that any settler on the public lands, by reason
of a failure of crops for which he is in no wise responsible, is unable
to make the payment on his homestead [or pre-emption] claim re-
quired by law, the Commissioner of the General Land OflSce is hereby
authorized to extend the time for such payment for not exceeding
one year from the date when the same becomes due. (26 StaL 684.)
The words "or pre-emption,** inclosed in brackets in this section, were

superseded by the repeal of the pre-emption laws by Act March 3, 1891, e.

561, f 4, 26 SUt 1097. See notes to chapter 4 of this TiUe.

§ 4556. (Act Feb. 3, 1911, c. 34.) Homestead entry or desert-Und
entry after former entry lost, forfeited* or abandoned.
Any person who, prior to the approval of this Act, has made
entry under the homestead or desert-land laws, but who, subse-
quently to such entry, from any cause shall have lost, forfeited,
or abandoned the same, shall be entitled to the benefits of the home-
stead or desert-land laws as though such former entry had not
been made, and any person applying for a second homestead or des-
ert-land entry under this Act shall furnish a description and the
date of his former entry: Provided, That the provisions of this Act
shall not apply to any person whose former entry was canceled for
fraud, or who relinquished his former entry for a valuable consid-
(1874)



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Ch.6) THB PUBLIC LANDS § 4658

eration in excess of the filing fees paid by him on his original en-
try. (36 Stat. 896.)

This was an act entitled "An act providing for second homestead and
desert-land entries."

Provisions somewhat similar to those of this act, but applying only to
homestead entri^, of Act March 2, 1889, c. 881, f 2, 25 Stat 854, Act June
5, 1900. c. 716, i 8, 31 Stat. 270, and Act AprU 28, 1904, c 1776, J 1, 33
Stat 527, were superseded by provisions identical with those of this section,
except for the omission of the words '^desert-land" wherever they occur here,
made by Act Feb. 8, 1908, c 19, 35 Stat 6, which act was itself superseded
by this section.

Similar provisions for second desert-land entries were made by Act March
26, 1908, c 108, 85 Stat 48, which were also superseded by this section.

§ 4557. (R. S. § 2298.) Limitation of amount entered for home-
stead.
No person shall be permitted to acquire title to more than one
quarter-section under the provisions of this chapter.

Act May 20, 1862, c 75, f 6, 12 Stat 893.

Homestead entries after a former entry not perfected, or additional to a
former entry of less than one quarter section, were provided for by subsequent
acts, post, f§ 4560-4562.

Homestead entries after commutation or after loss or forfeiture of a former
entry were provided for by Act June 5, 1900, c. 716, 1 2, post, | 4583.

All parties who had purchased land in Greer county, Okl., from the State
of Texas, prior to March 16, 1896, were entitled to perfect their titles to said
lands under the provisions of the homestead laws, notwithstanding the fact
that they have already had the benefit of the homestead laws as to other lands,
by Act March 1, 1899, c 828, post, f 5044.

Special limitations of the amount to be entered for homestead in Alaska
were prescribed by the amendment of Act May 14, 1898, c 299, i 1, by Act
March 8, 1903, c. 1002, post, § 5046.

Provisions for additional entries or second entries on ceded Indian lands
or lands in Indian reservations opened to settlement, contained in various acts,
are set ^orth or referred to post, under chapter 10 I of this Title, '*Ceded
Indian Reservations."

§ 4558. (Act Aug. 30, 1890, c. 837, § 1.) Limitation of aggregate
amount entered under anv land laws.

No person who shall after tne passage of this act, enter upon any
of the public lands with a view to occupation, entry or settlement
under any of the land laws shall be permitted to acquire title to more
than three hundred and 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 pub-
lic lands, or whose occupation, entry or settlement, is validated by
this act. (26 Stat. 391.)

Homestead entries of 320 acres or less of nonmineral, nonirrigable, etc,
lands, not containing merchantable timber, in certain states and territories
named, were permitted, by Act Feb. 19, 1909, c 160, and Act June 17, 1910,
c. 298, post, {{ 4563-4574.

Homestead entries of not exceeding in area 640 acres of lands within certain
designated boundaries in the State of Nebraska were allowed, and former
homestead entries were not to be a bar thereto, by provisions of the Kinkaid
Act of April 28, 1904, c 1801, amended by Act May 29, 1908, c 220, f
7, post. If 4576-4578.

Special limitations of the amount to be entered in Alaska were prescribed

(1875)



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§ 46S8 THE PUBLIC LANDS (Tit 32

bj Act May 14, 1898, c 290, I 1, 80 Stat 409, amended hj Act March 1
1003, c. 1002, poet, i 5040.

Thia was a provision of the eondrj dvil appropriation act for tbe fifcti
jear 1801, cited above.

Tbe entries, etc, mentioned in this provision as validated bj this set irert
entries, etc., which would have been valid bat for the withdrawal of irid
lands from entry by provisions of Act Oct. 2, 1888, c. 1009, which were re-
pealed by a preceding provision of this act, post, | 4606.

The application of this provision was limited to agricnltnral laoda, not
including in the maximum amount lands entered onder mineral land Uwi, i

by Act March 8, 1891, c 661, f 17, post, i 4550.

§ 4559. (Act March 3, 1891, c 561, § 17.) Lands entered under
mineral land laws not included in amount liniited.
The provision of "An Act making appropriations for sundry
civil expenses of the Government for the fiscal year ending June
thirtieth, eighteen hundred and ninety-one, and for other purpos-
es," which reads as follows, viz: "No person who shall after the
passage of this act enter upon any of the public lands with a view
to occupation, entry, or settlement under any of the land laws shall
be permitted to acquire title to more than three hundred and twenty
acres in the aggregate under all said laws," shall be construed to
include in the maximum amount of lands the title to which is ptr-
mitted to be acquired by one person only agricultural lands and n^^
to include lands entered or sought to be entered under mineral 1^^
laws. (26 Stat 1101.) V <

This provision was part of section 17 of Act Bfarcfa 8, 1891, c ti6U tD \

repeal timber-cultnre laws and for other purposes, cited above. ^.

The preceding portion of the section, which restiicted reservations for i ^^. \

voir sites to the land actually necessary, etc, is set forth post, i 46US. ^*^
The provision of the sundry civil appropriation act for the fiscal year i^i^,
referred to in this section, is set forth ante, f 4558. "^^

§ 4560. (Act March 2, 1889» c. 381, § 6.) Additional entry after
final proof on former entry of less than one quarter-sectiofL
Every person entitled, under the provisions of the homestead
laws, 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 his final proof thereunder for a quantity of
land less than one hundred and sixty acres and received the re-
ceiver's final receipt therefor, shall be entitled under said laws to
enter as a 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 en-
tered by him shall not exceed one hundred and sixty acres: Pro-
vided, 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 sol-
diers certificates heretofore issued under section two thousand three
hundred and six of the Revised Statutes. (25 Stat 854.)
R. a i 2306, mentioBed in tbU tecUon !• set forth pott, I 46M.
Additional entries bj one who hae entered lev than one-quarter aectice

(1876)




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Ch. 5) THE PUBLIC LANDS § 4563

of land, might' be made upon land oontigoona to the former entry without
proof of residence, under the provisions of Act April 28, 1904, c 1776, f 2,
post, i 4561.

§ 4561. (Act April 28, 1904, c 1776, § 2.) Additional entry of land
contiguous to former entry of less than one quarter section.
Any homestead settler who has heretofore entered, or may here-
after enter, less than one-quarter section 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 aggre-
gate one 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 : Pro-
vided, 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, or should appear to be illegal or fraudulent, the
additional entry shall not be permitted, or, if having been initiated,
shall be canceled. (33 Stat. 527.)

This section and the section next following were part of an act entitled
*'An act providing for second and additional homestead entries, and for other
purposes."

Section 1 of this act provided that any person who had theretofore made
entry under the homestead laws, but should show to the satisfaction of the
General Land Office that he was unable to perfect the entry on account of an
honest mistake as to the character of the land, etc., should be entitled to
the benefit of the homestead laws as though such former entry had not been
made. It was superseded by the broader provisions of Act Feb. 8, 1908,
c 19, 35 Stat 6, which was itself superseded by Act Feb. 8, 1911, c 84, ante,
i 4556.

This section re-enacted the provisions of Act March 2, 1889, c 881, f 5, 25
Stat 854, in the same language, with the addition, after the words at the
beginning, '^That any homestead settler who has heretofore entered,'' of the
words, "or may hereafter enter,*' and the omission, after the words of the
first proviso, 'That this section shall not apply to or for the benefit of any
person who," of the words, ''at the date of making application for entry
hereunder," which were in said former section.

Additional entries, after final proofs on former entry of less than one quar-
ter-section, of land not contiguous thereto, were provided for by Act March
2, 1889, c 881, f 6, ante, f 4560.

§ 4562. (Act April 28, 1904, c. 1776, § 3.) Commutation of entries
under this act not allowed.
Commutation under the provisions of section twenty-three hun-
dred and one of the Revised Statutes shall not be allowed of an
entry made under this Act. (33 Stat. 527.)

Rev. St. i 2301, mentioned in this section, is set forth post, I 4589.
Provisions for commutation of homestead entries theretofore made, by pay-
ment of the government price for the land, were made by Act June 15, 1880, c.
227, i 2, 21 Stat 237. They are omitted as temporary merely, and executed.

§ 4563. (Act Feb. 19, 1909, c. 160, § 1, as amended. Act June 13,

1912, c 166.) Enlarged homestead entries of nonmineral,

nonirrigable, etc., lan<te, not containing merchantable timber,

in certain States; lands to be designated as not irrigable.

Any person who is a qualified entryman under the homestead

(1877)



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§ 4563 THB PUBUC LANDS (Tit 32

laws of the United States may enter, by leg^l subdivisions, under
the provisions of this Act, in the States of Arizona, California, Col-
orado, Montana, Nevada, New Mexico, North Dakota, Oregon,
Utah, Washington, and Wyoming, three hundred and twenty acres,
or less, of nonmineral, nonirrigable, unreserved, and unappropriat-



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 91 of 150)