cedure. 21, 1864, 13 S. 1866, 14 S. 67; S. 192; Mar. 3, S. 1095. : Mode of pro- SEC. 2290. That any person applying to enter land May 20, 1862, under the preceding section shall first make and sub12 S. 392; Mar. Scribe before the proper officer and file in the proper 35: June 21, land office an affidavit that he or she is the head of a June 22, 1874, 18 family, or is over twenty-one years of age, and that such 1875, 18 S. 420 application is honestly and in good faith made for the Mar. 3, 1891, 26 purpose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation, and that he or she will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied, for; that he or she is not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that he or she does not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for himself, or herself, and that he or she has not directly or indirectly made, and will not make, any agreement or contract in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the title which he or she might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person, except himself, or herself, and upon filing such affidavit with the register or receiver on payment of five dollars, when the entry is of not more than eighty acres, and on payment of ten dollars, when the entry is for more than eighty acres, he or she shall thereupon be permitted to enter the amount of land specified. Certificate and patent, when SEC. 2291. [This section as amended by the Act of June 6, 1912, is given under the "Three Year Homestead Law." Prior to the passage of that Act section 2291 read as follows:] "SEC. 2291. No certificate, however, shall be given, given and issued. or patent issued therefor, until the expiration of five years from the date of such entry; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry; or, if he be dead, his widow; or, in case of her death, his heirs or devisee; or, in case of a widow making such entry, his heirs or devisees, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeed14 S. 67; June ing the time of filing the affidavit, and makes affidavit 18, 1874, 18 S. that no part of such land has been alienated, except as provided in section twenty-two hundred and eighty-eight, and that he, she, or they will bear true allegiance to the Government of the United States; then in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided by law." 81. June 21, 1866, When rights in ure to benefit of SEC. 2292. In case of the death of both father and mother, leaving an infant child or children under twenty- infant children. 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,June 21, 1866, 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 office fees and sum of money above specified. tary or naval serv make affidavit. Mar. 21, 1864, SEC. 2293. In case of any person desirous of availing Persons in milihimself of the benefits of this chapter, but who, by reason ice, when and beof actual service in the military or naval service of the fore whom to United States, is unable to do the personal preliminary acts at the district land office which the preceding sections require; 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, such person may make the affidavit 13 s. 35. 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 register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the application and affidavit are accompanied by the fee and commissions as required by law. When persons of court. SEC. 2294. That hereafter all proofs, affidavits, and may make affida oaths of any kind whatsoever required to be made by vit before clerk applicants and entrymen under the homestead, preemption, 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 jurisdiction 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 are situated: Provided, That in case the affidavits, proofs, and oaths hereinbefore mentioned be taken out of the county in which the land is located the applicant must show by affidavit, satisfactory to the Commissioner of the General Land Office, that it was taken before the nearest 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 22, affidavit need not be made in making final proof if the 1922 proof be taken in the town or city where the newspaper is Mar. published in which the final proof notice is printed. The proof, affidavit, and oath, when so made and duly Mar. 21, 1864, 13 S. 35; June S. 59. Mar. 11, 1874, 18 S. 32 S. 63; Record of applications. subscribed, or which may have heretofore been so made "For each deposition of claimant or witness, when not prepared by the officer, twenty-five cents. "For each deposition of claimant or witness, prepared by the officer, one dollar. "Any officer demanding or receiving a greater sum for such service shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not exceeding one hundred dollars."1 SEC. 2295. 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 May 20, 1862, all such entries, and make return thereof to the General Land Office, together with the proof upon which they have been founded. 12 S. 393. Homestead to prior debts. SEC. 2296. No lands acquired under the provisions of lands not subject this chapter shall in any event become liable to the satisMay 20, 1862, faction of any debt contracted prior to the issuing of the patent there for.2 12 S. 393. When lands en tered for home Government. SEC. 2297. [This section as amended by the act of June 6, 1912, is given under the "Three Year Homestead Law." Prior to the passage of that Act section 2297 read as follows:] "SEC. 2297. If, at any time after the filing of the affistead revert to davit, 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 resiMay 20, 1862, dence, or abandoned the land for more than six months at 28, 1874, 18 s. any time, then and in that event the land so entered shall revert to the Government: Provided, That where Mar. 3, 1891, 26 there may be climatic reasons the Commissioner of the General Land Office may, in his discretion, allow the settler twelve months from the date of filing in which to 12 S. 393; Dec. 294; Apr. S. 1095. 1 This section, as amended, is frequently referred to as the act of Mar. 4, 1904 (33 Stat. 59). Amended by the act of Feb. 23, 1923. See this act under "Proofs." Extended to all entries under the homestead laws by the act of Apr. 28, 1922 (42 Stat. 502). commence his residence on said land under such rules and regulations as he may prescribe." Limitation of area. SEC. 2298. No person shall be permitted to acquire title to more than one quarter section under the provi- May 20, 1862, sions of this chapter. SEC. 2299. Nothing contained in this chapter shall be so construed as to impair or interfere in any manner with existing preemption rights; and all persons who may have filed their applications for a preemption right prior to the twentieth day of May, eighteen hundred and sixty-two, shall be entitled to all the privileges of this chapter. 12 S. 393. Existing pre emption rights not impaired. Ibid. What minors chapter. SEC. 2300. No person who has served, or may hereafter may have the serve, for a period not less than fourteen days in the privilege of this 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. Payment before applicant. 3, 1891, 26 S. SEC. 2301. Nothing in this chapter shall be so con- expiration of ove strued as to prevent any person who shall hereafter avail years; rights of himself of the benefits of section twenty-two hundred "May 20, 1862, and eighty-nine from paying the minimum price for the 12 S. 393; Mar. quantity of land so entered at any time after the expira- 1095. tion 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. No distinction on account of race color. SEC. 2302. No distinction shall be made in the construction or execution of this chapter on account of race or or color; nor shall any mineral lands be liable to entry 14 S. 67. and settlement under its provisions. * June 21, 1866, Soldiers' and June 8, 1872, 1, 1901, 31 S. SEC. 2304. Every private soldier and officer who has sailors' homeserved in the Army of the United States during the re- stead. cent rebellion for ninety days, and who was honorably 17 s. 333; Mar. discharged and has remained loyal to the Government, 347. 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 Deduction of military and na time. Ibid. 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.3 SEO. 2305. The time which the homestead settler has val service from 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 Secs. 2304 and 2305 extended to persons who were in the military service during the war with Germany or on the Mexican border. See the Act of Feb. 25, 1919. |