Page:United States Statutes at Large Volume 34 Part 1.djvu/263

 FIFTY-NINTH CONGRESS. Sess. I. CHS. 3073, 3074. 1906. 233 Sec. 5. That nothing in this Act shall be held to limit the duty of hféigi i*““ ii"' "i· common carriers by railroads or im air the rights of their employees ` under the safety—appliance Act of Nlisirch second, eighteen hundred and V°i· 2% P- wininety-three, as amended April first, eighteen hundred and ninety-six, V°i· ”· 1*85- and March Second, nineteen hundred and three. "*‘i· 3* P· 9*3- Approved, June 11, 1906. CHAP. 3074.-An Act To provide for the entry of Agricultural lands within for- J mw 11, 1906. 8,,,, reserves_ · [n. R. weve.] Public, No. 220. Be it enacted by the Senate and House of Rqzresentatifves of the United [ I States of America in Cbngress assembled, That the Secretary of Agri- Forest me-vas. culture may in his discretion, and he is hereby authorized, upon appli- wdiiiifiiiiiiniieiloligiiiéiri cation or otherwise, to examine and ascertain as to the location and i° S**i*i**m°¤i· extent of lands within permanent or temporary forest reserves, except n,Q*;‘;';§°g* °°iii°*· the following counties in the State of California, Inyo, Tulare, Kern, p ` San Luis Obispo, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San Diego; which are chieil valuable for agriculture, and which, in his opinion, may be occupied, for agricultural purposes without injury to the forest reserves, and which are not needed for public purposes, and may list and describe the same Fiiiiig °iii**°’*·°**‘- by metes and bounds, or otherwise, and file the lists and descriptions with the Secretary of the Interior, with the request that the said lands be opened to entry in accordance with the provisions of the homestead laws and ;hisé1Act. f d ‘ th b f h 0 _ to U n the in o an such list or escri tion e `ecretary o the l’§,'§‘”‘ °,“m.*'*’"·n Inteiiibr shall deblare thi; said lands open tophomestead settlement and eriii t of i entry in tracts not exceeding one hundred and sixty acres in area and not exceeding one mile in length, at the expiration of sixty da s from the filing of the list in the land office of the district within which the _ lands are located, during which period the said list or description shall i*“'·"° i’° *’°°“"’· be prominently posted in the land office and advertised for a period of ·*‘i'°"“'“’“"`“i· not less than four weeks in one newspaper of general circulation published in the county in which the lands are situated: Provided, hat {X§}f}$'{;m,,,g,,,,,_ any settler actually occupying and in good faith claiming such lands for agricultural purposes prior to January first, nineteen undred and six, and who shall not have abandoned the same, and the person, if qualified to make a homestead entry, upon whose application the land proposed to be entered was examined an listed, shal, each in the order _ named, have a preference right of settlement and entry: ]’r·oe~ided further, That any entryman desiring to obtain patent to any lands enifiliigf Pi°*“· °“‘-·°i described by metes and bounds entered by him under the provisions of this Act shall, within five years of the date of making settlement, file, 'fi'"° iimiiwith the re uired proof of 1‘€Sld0llC€ and cultivation, a plat and field · notes of theilands entered, made by or under the direction of the United States surveyor- eneral, showing accurately the boundaries of such lands, which shall be distinctly marked by monuments on the gxround, and bv postin a copy of such plat, together with a notice of t c time N0¢i¤¤— and place of obering proof, in aconspicuous place on the land embraced in such plat during the period prescribed by law for the publication of his notice of intention to otler proof, and t at a copy of such plat and field notes shall also be kept posted in the office of the register of the land office for the land district in which such lands are situated for a like period; and further, that any agricultural lands within forest reserves may, at the discretion of the Secretary, be surveyed by metes $¤”¤Y· and bounds, and that no lands entered under the provisions of this Act shall be patented under the commutation provisions of the home·