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3126. Minors may have privileges of chapter in case of service in war. SEC. 2300. No person who has served, or may hereafter serve, for a period not less than fourteen days in the army or navy of the United States, either regular or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years. Approved May 20, 1862; 12 Stat. L. 393.
See Cent. Dig., vol. 41, Public Lands, secs. 72–77.
3127. Payment after expiration of fourteen months-Rights of applicant. SEC. 2301. Nothing in this chapter shall be so construed as to prevent any person who shall hereafter avail himself of the benefits of section 2289 from paying the minimum price for the quantity of land so entered at any time after the expiration of fourteen calendar months from the date of such entry, and obtaining a patent therefor, upon making proof of settlement and of residence and cultivation for such period of fourteen months, and the provision of this section shall apply to lands on the ceded portion of the Sioux reservation by act approved March second, eighteen hundred and eighty-nine, in South Dakota, but shall not relieve said settlers from any payments now required by law. As amended by act March 3, 1891; 26 Stat. L. 1098. Approved May 20, 1862; 12 Stat. L. 393.
See Fed. Stat. Anntd., vol. 6, Public Lands, pp. 317-318, notes and cases.
3128. No distinction on account of race or color-Mineral land not liable to entry.
SEC. 2302. No distinction shall be made in the construction or execution of this chapter on account of race or color; nor shall any mineral lands be liable to entry and settlement under its provisions. Approved June 21, 1866; 14 Stats. L. 67.
See Fed. Stat. Anntd., vol. 6, Public Lands, pp. 321-322, notes and cases.
3129. Soldiers and sailors' homesteads.
SEC. 2304. Every private soldier and officer who has served in the army of the United States during the recent rebellion for ninety days, and who was honorably discharged and has remained loyal to the government, including the troops mustered into the service of the United States by virtue of the third section of an act approved February thirteenth, eighteen hundred and sixty-two, and every seaman, marine, and officer who has served in the navy of the United States or in the marine corps during the rebellion for ninety days, and who was honorably discharged and has remained loyal to the government, and every private soldier and officer who has served in the army of the United States during the Spanish war, or who has served, is serving. or shall have served in the said army during the suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably discharged; and every seaman, marine and officer who has served in the navy of the United States or in the marine corps during the Spanish war, or who has served, is serving, or shall have served in the said forces during the suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably discharged, shall, on compliance with the provisions of this chapter, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of
the United States; but such homestead settler shall be allowed six months after locating his homestead and filing his declaratory statement within which to make his entry and commence his settlement and improvement. As amended by act March 1, 1901; 31 Stat. L. 847. Approved June 8, 1872; 17 Stat. L. 333.
See Fed. Stat. Anntd., vol. 6, Public Lands, p. 323, notes and cases.
3130. Deduction of military and naval service from time-Rights of widow and minor children.
SEC. 2305. The time which the homestead settler has served in the army, navy, or marine corps shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements; provided, that in every case in which a settler on the public land of the United States under the homestead laws died while actually engaged in the army, navy, or marine corps of the United States as private soldier, officer, seaman, or marine, during the war with Spain or the Philippine insurrection, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, 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. As amended by act March 1, 1901; 31 Stat. L. 847. Approved June 8, 1872; 17 Stat. L. 333.
See Fed. Stat. Anntd., vol. 6, Public Lands, p. 323, notes and cases.
3131. Widow and minor children of persons entitled to homesteads.
SEC. 2307. In case of the death of any person who would be entitled to a homestead under the provisions of section 2304, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the department of the interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvement therein contained; but if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the_time_heretofore required to perfect the title. Approved June 8, 1872; 17 Stat. L. 333.
See Cent. Dig., vol. 41, Public Lands, secs. 72-77.
3132. Who may enter by agent.
SEC. 2309. Every soldier, sailor, marine, officer, or other person coming within the provisions of section 2304, 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 settlements and improvements on the same, and thereafter fulfil the requirements of the law. Approved June 8, 1872; 17 Stat. L. 334. See Cent. Dig., vol. 41, Public Lands, secs. 72-77.
3133. Additional homestead entries-160-acre limitation.
SEC. 6. That 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 receive the receiver'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 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 2306 of the Revised Statutes. Approved March 2, 1889; 25 Stat. 854.
An Act providing for the validation of certain homestead entries.
Approved March 3, 1911
3134. Certain canceled entries on forest reserves reinstated-Application for.
All homestead entries which have been canceled or relinquished, or are invalid solely because of the erroneous allowance of such entries after the withdrawal of lands for national forest purposes, may be reinstated or allowed to remain intact, but in the case of entries heretofore canceled applications for reinstatement must be filed in the proper local land office prior to July first, nineteen hundred and twelve.
3135. Contests initiated prior to withdrawals-Preference right.
SEC. 2. In all cases where contests were initiated under the provisions of the act of May fourteenth, eighteen hundred and eighty, prior to the withdrawal of the land for national forest purposes, the qualified successful contestants may exercise their preference right to enter the land within six months after the passage of this act.
An Act providing for second homestead and desert-land entries.
Approved February 3, 1911
3136. Entry not perfected no bar to subsequent entry-Exception. Any person who, prior to the approval of this act, has made entry under the homestead or desert-land laws, but who, subsequently to such entry, from any cause shall have lost, forfeited, or abandoned the same, shall be entitled to the benefit of the homestead or desert-land laws as though such former entry had not been made, and any person applying for a second homestead or desert-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 consideration in excess of the filing fees paid by him on his original entry.
This act supersedes the one of February 8, 1908, relating to second homestead entries, and the one of March 26, 1908, providing for second desert-land entries.
3137. Commutation of entry no bar to subsequent entry-Exception.
SEC. 2. That any person who has heretofore made entry under the homestead laws and commuted same under provisions of section 2301 of the Revised Statutes of the United States and the amendments thereto, shall be entitled to the benefits of the homestead laws, as though such former entry had not been made, except that commutation under the provisions of section 2301 of the Revised Statutes shall not be allowed of an entry made under this section of this act. Approved June 5, 1900; 31 Stat. 267.
3138. Entry prematurely made no bar to subsequent entry-Provisos.
SEC. 2. That any person who, prior to the passage of an act entitled "An act providing for free homesteads on 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 homestead 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 formally 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; and provided further, that said person has all the other proper qualifications of a homestead entryman; and provided also, that commutation under section 2301 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 of such term of residence thereon as added to any properly credited military or naval service shall equal such period of five years. Approved May 22, 1902; 32 Stat. 203.
An Act to provide for an enlarged homestead.
Approved February 19, 1909; 35 Stat. L. 639
3139. Homestead not exceeding 320 acres may be entered in Nevada and certain other states on certain prescribed lands.
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 Colorado, Montana, Nevada, Oregon, Utah, Washington, and Wyoming, and the territories of Arizona and New Mexico, 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 under the provisions of this act until such 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.
SEC. 2. Any person applying to enter land under the provisions of this act shall make and subscribe before the proper officer an affidavit as required by section 2290 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 1 of this act, and shall pay the fees now required to be paid under the homestead laws.
3141. May enter tract contiguous to former entry-Residence.
SEC. 3. Any homestead entryman of lands of the character herein described, upon which final proof has not been made, shall have the right to enter public lands, subject to the provisions of this act, contiguous to his former entry which shall not, together with the original entry, exceed three hundred and twenty acres, and residence upon and cultivation of the original entry shall be deemed as residence upon and cultivation of the additional entry.
3142. Requisites of final proofs.
SEC. 4. At the time of making final proofs as provided in section 2291 of the Revised Statutes the entryman under this act shall, in addition to the proofs and affidavits required under the said section, prove by two credible witnesses that at least one-eighth of the area embraced in his entry was continuously cultivated to agricultural crops other than native grasses beginning with the second year of the entry, and that at least one-fourth of the area embraced in the entry was so continuously cultivated beginning with the third year of the entry.
Under late rulings, the department requires specific proof of five years' actual residence, without allowing any deduction for absence between the time of application and entry, or during the first six months following the date of entry.
3143. Entry may be made under general homestead act-Restrictions.
SEC. 5. Nothing herein contained shall be held to affect the right of a qualified entryman to make homestead entry in the states named in section 1 of this act under the provisions of section 2289 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.
3144. Homestead rights of settlers-Rights relate back.
SEC. 3. That any settler who has settled, or who shall hereafter settle, on any of the public lands of the United States, whether surveyed or unsurveyed, with the intention of claiming the same under the homestead laws, shall be allowed the same time to file his homestead application and perfect his original entry in the United States land office as is now allowed to settlers under the preemption 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 preemption laws. Approved May 14, 1880; 21 Stat. 140.
3145. Homestead entry by married woman.
That the third section of the act of Congress approved May fourteenth, eighteen hundred and eighty, entitled "An act for the relief of settlers on public lands," be amended by adding thereto the following:
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