Page:United States Statutes at Large Volume 28.djvu/1253

 rnoonnimrrrous. No. 5. 1231 together with the duplicate andavits, form 4-545, hereinbefore required to be presented in case of agents proposing to act for soldiers in filing declaratory statements, to the General Land Otliee for filing as a part of the records pertaining to the disposal of said lands. The certiiicate will be evidence only that the party named therein is ¤•¤·*i¤<=·¢•¤- permitted to go in upon the lands opened to settlement by this proclamation at the time specified herein and the certificate of form D must be urrendered when application to enter or iile is presented to the district officers and the party’s rightto make a tlling, homestead entry or settlement shall be passsd upon by the district land officers at the proper time and in the usual manner. The holder of such certiiicate will be required when he makes his homestead aliidavit, or, if a soldier or soldier’s agent, when he files a declaratorystatement at the district office, to allege under oath before the officers taking such homestead . ailidavit, or to whom said declaratory statementis presented for filing, that all the statements contained in the declaration made by him, upon which said certificate is based, are true in every particular, such oath to be added to ailidavit of form 4-102, as shown on form hereto attached, and made a part hereof, (marked 102 d). After the hour and day hereinbefore named when said lands will "be H¤¤<1<:1¤ of vg}::, opened to settlement, all·parties holding such certiiicates (form D or £t§_ y P""" F), will be permitted to occupy or enter upon the land so opened, and parties holding a certificate of form D may initiate a homestead claim, either by settlement upon the land or by entry or tiling at the proper district office; but no person not holding any such certificate shall be permitted to occupy or enter upon any of said lands until after the booths shall have been discontinued by direction of the Secretary of the Interior. Until then, the officers of the United States are expressly charged to permit no party without a certiiicatc to occupy ot enter upon any of said lands. The following rules and regulations have been prescribed by the bmw- M •·> Secretary of the Interior under the direction of the President as pro- °"Hi.¤, :,640- vided by section ten of said act of March third, eighteen hundred and ninety-three, for the occupation and settlement of the land hereby opened, to wit: The thirteenth section of the act approved March second, eighteen hundred and eighty-nine, the act approved May second eighteen hun- V¤1.25.p·1006. dred and ninety, the second proviso of section seventeen, and the whole of section eighteen of the act approved March third, eighteen hundred WL 2°· P- SL and ninety-one, are by section ten of the act of March third, eighteen V¤1-N 1>· 10*- hundred and ninety-three, made applicable in disposing of the lands under said section ten, and said lands are thereby rendered subject to disposal under the homestead and town-site laws only, with certain modifications, which laws, as so modified, contain provisions, substantially as follows: 1. Any party will be entitled to initiate a homestead claim to a tract H°°*°•'°“* °¤“‘*°°- of said lands, who is over twenty-one years of age or the head of a family; who is a citizen of the United States, or has declared his intention to become such; who has not exhausted his homestead right either by perfecting a homestead entry for one hundred. and sixty acres of land under any law, excepting what is known as the commuted provision of the homestead law, contained in section two thousand three hundred and one of the United States Revised Statutes, or by K¤··¤·¤·**°¤·1··¤1· making or commuting a homestead entry since March second, eighteen hundred and eighty-nine; who has not entered, since August thirty, eighteen hundred and ninety, under the land laws of the United States, or tiled upon, a quantity of land, agricultural in character, and not mineral, which with the tracts sought to be entered in any case, would make more than three hundred and twenty acres; who is not the owner in fee simple of one hundred and sixty acres of land in any State or Territory; and who has not entered upon or occupied the lands hereby opened in violation of this the President’s proclamation opening the