Page:United States Statutes at Large Volume 44 Part 1.djvu/1355

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134,1 TITLE 43.-—P[ (d) Proof of cultivation ; Anal proefe on additciemzl }mtrIea.—--— At the time of making dual proof, °as provided in section 164 of this chaiiter, the entrymau under this section shall, iu addition to the proofs and aiiidzrvits required under Said sectien {364 prove by himseltémd two credible witnesses "that_ at Ieméttonesixteehth of the. area embraced in» such entry was ctmtimneusly etiltivated for agricultural crops other than native grasses, beginning with the seceud yeercf the entry, end__that _ ` at least one-eighthof the area QIilb1‘8CBd` in theentry was so zcegntitaueusw cultivated beginning with the third year of the » {witty: Previded, That any qaaliiiéd person,wh0 has prior t0 February 19, ww, made, orxvuo thereafter makes, additional. ¤~ entry under the provisions bt peragraim (0} of this section to an entry upoii `which final proof has not been made, may be A eiim,x·ed to perfect title te his original entry. by shewiug cemf piirm¤·e` with, the [)i‘0\’iS;i(;§lS of said Section} 164, respecting. such original éeutry, and thereafter in making jpreof upqn his additional entry shall [he- credited with residence maintained upon his original entry from date df such original entry; - but the cultivation required upen.en;t1,·ies made under this section must be slmwta 'respecting such additional entry, which culti· ` vatitm, while it may be made upon either the original or hddi- » Hehe! entry 'er upop beth entries, mdst be cultivation in addiL ‘ than te' that relied upon and used iu, making proof. upoxi-“t,he' erigiml entry; er, itkhe elects, his orixrinhl and additional; .t·:ztr§}es may be censidered as ene, with full credit for residence Bi}GIl and imprmfet;1e¤ts.made dpeu his original entry, in which event U18.-QEGHBI ct cultivation hereixrrequired shall apply-t0· A the tctztharea of the comhjned entry, ahd"pr00f; may bel iuade taper: such ct»mi >izaed‘ entry whenever it, can be shown that" the 'ctzltimtien required by this section has been performed; and te this end the ~timc within whichlprcefmust be made upon sguch :1 combined entry is hereby extended to seven years from. _ the dete of the original entry; Provided further,° That where an entry is made as additional to an ehtry upexi ich tiualproot has1theretet’0re" becmsubmitthed by ep e etill owns and ecctmics the lend thus entered, the entry ll in making proof taper: his additieual entry, shall be credited with resi-' idciwe maintained upon his prigihhl entry- freer date thereof., but the culctivatiorf reqttired upon entrieé l1l3d€`UHdBl’_. {his see·> ti0i1‘!Il!1i5{’bé shown respecting such additional entry m1d'muSt be pertermcd upon the lqhd. included therein to the extent and fer the period requtifed in cmmection with the eriginal entries under. this sectima, pmt}! of 'which ‘ musf be stibmitted within dee year; from and after the date eil the additional entry: Preeided further, That nothing herein contained shall` be se ewmiaed es te require rmideuee upon the: eemhined entry in excess of the period et residence, as reqinired- by secti6¤164;; 4 Y ° _ l ·,‘ ‘ (6) Other rights of entry not eflwted.-—-Neth1ng» in this eccti0i1,0GH§8,’.B6d shalt he _.held tc effect the right of n quelided - entrymeh to make hcmestmd chtry in the Statm pamed in iwwvthh ta) et this section 1m@r the prcyiéiohs of qeetipn 161 etthis but he BGTQGB trhedhns made entry under this nectich shall. he ehtitled te make ‘hem;eestee.d entry under. the pmvi&em of said eeetieh 131, and no entry made under'. thie mice sheilbc-mmmuted. I- · ’ - ~ (I') Utah dmeqtwwater :::991; dcaignqted; . fcsidem e•d¢¢wttea;·;—Whe1ze¥er the Secretary et the Interior @331 any WRU'9!/Ihhd, in the Stéte of Uthh, Subject te entry under thii pectich, _`de net; here upéh thém · Seek a &eieiat y of wits editable tm·`d ¤¢ K8 www gate upon bade peeshie, -he ¤7, in his h e; s eet te ei k10*tt0 _ exceed acres, md; thesutter they d shall he te em?} thisisuctieeheritt M the neces- &¢!ef rcéweez Prwud, Tut in ® wat m ehtryhua en] lh! ssé ehtnjrwii u gw! iaith cultivate ht me! A Qzhth 6!§h£@¤!‘B§.1'*$ldIh8§¤t¥!d¢’X¤$~k¢h0&@¤&dY®¤!,

romo LANDS h§ 21*9 one-fourth during the third year, and one-half during the fourth ~s11d fifth years afteiwthe date of such entrgiuand that after entry and until final proof the eritryman shell reside within

su'c·h distance of said loud as will enable him successfuézy

to farm theshme as required by this pnragraphl ' _·(g) Additiongl entry of· n0m·2o}st£guous land; anzozmt; poicuts.-5Any personewho has mode or shall make lxontestezzd ‘ entry of less than three hundred ond twenty oeges of lands of fthe chorajcter described,_in this section, and who sho!} Move submitted final prooffthereoxiy shall have the right to enter public- lands subject to the pxovisionsof this section, not contiguous to his first entry, which shall not with the origins! entry ekceedthree himdted and twenty sores: Provided,) '1`hot fthe land originally entered and that covered by the additional entry shall iirst have been designated ss subject to this section as ptovidedv by paragraph (a) {Provided. further, That in no ease shall potent issue for the land covenyed by such odditionot entry until the person `tnaking some sha!} hsvesetuxxlly ospdés conformity with the homestead lows resided upon and eotti· ° voted the lands so additionally entered, and otherwise cooqnied with such- laws, except that where the loud embraced in the sdditionol entry is located not exceeding twenty miles from the fond embraoéd in the original entry. no fesidenee shell he soquired on such additional- entry if the entryxnsn is residing on his former, entry: And provided; further, That this mtion shall not be constrned os aHecting any tights ns to location of soldiers? additional homesteads under section 2%*-Q of this chapter. , `(h) Provisions extended to Konsss.-·-=·The pnovisions of porographs (cg) to (e), inclusive, of the Act entitlw “An Act to pose vide for an enlarged honnestesd,". approved February 19, 19fB (Thirty-fifth Statutes 'ot Large, page 639}, os modided ond amended; are hereby extended and mode applieshte to the State of Kansas. (Feb. 19,, 1909, c. 160, §§ _1--7, 35 Stat. %: June 13, _. 1912, c. 166,, 37 Stat. 132; Mar. ·3,· 1915,, c; S4, 38 Stot. 2):53; Meir-Q4, 1915, c.-152, 5,2, 38 Stat. 1163; July 3, 1916, c. 220, 39_Stst.344.)— , " 3 ‘ ._ » o ’ » 219. Enlarged entries of eertain nonnzinernl, Réitiffigtbk lands in Idiho.———(s) AQy" pegsonwho is o qualified etrymou under the htomésteod laws of ·the_United States may ontexj, hy legal snbdivision,' under the provisions of this section; in the Ststeof Idaho, three hundred and twenty oem or toss of arid nonmineltal, noninrigable, unreserved, ond onnpproprioted sur- · veyed public lends which do not _ contatn xnerehantsbie timberp ’ loeated in a reasonably compact body ond not over om am omhalf mines in extreme length: Provided, That no lends shall he — subject to entry under- the provisions of this p until the lands shail have igeen designsted by the éSecx·eta1:·y·of the Interior as not in his opinion, susceptible of seéomml irription. at a_ reasonable cost, from soy known source of wata supply. - (b) Appliootions; ayldooétaj: foes.--Any person. a@ving‘ to

enter land under the provisions of this section shall make sed ~

subscribe before the proper ‘ o&cer on s §dsvit as neqoi md‘ h! section IQ2 of this chapter; and in addition thereto shalt make amlavit that the land ·sou@t to be entered is of casenemezev described in persgrsw (o) ofthis secdon, and shakk my the. fees new requtied to bspeid under the homeuoud lsvvsk . J (o) Additionol enthy of send contimeoss to terms-: not tojesceod limitation-g·Any. person who hu made, or shot} make, homexeud entry of lands of the chhricte: dmihed in this section, and who has not snbsnittod Ana} proof therem,. or who · having submitted dna! proof stilfovms and occupies the lend. .thos‘entered, shall have the right to enter public lands, subject to the provtsions of this muon, contgoous to his Em entry, .»

 thai} hot, tmther with the originnb entry, exceed three

hnm® and twenty acres :` Bmnided, That the land orginslly . mts M and the additions! entry shell hkve hist been as mhject to this section, ss provided by

t>¤r<¢> mms; · 5