Page:United States Statutes at Large Volume 35 Part 1.djvu/467

 SIXTIET H CONGRESS. Sess. I. Ch. 216. 1908. 449 disposal of all surplus lands after allotment," be, and the same is PM l>· 795- . hereby, amended to read as follows: "Sec. 9. That said lands shall be opened to settlement and entry by Lands opened w proclamation of the President, which proclamation shall prescribe the s°m°m°"t‘ time when and the manner in which these lands may be settled upon, · occupied, and entered by persons entitled to make entry thereof, and no dperson shall be permitted to settle upon, occupy, or enter any of sai lands, except as prescribed in such proclamation: Provided, That MMW- the rights of honorably discharged Union soldiers and sailors of the late ssiiigiigi iiiigeiiiiiiiml civil and the Spanish wars, as defined and prescribed in section twenty- p *§,§·»““· ”°*~ ”°5· three hundre and four and twenty-three hundred and five of the `V<>1Z 31. v-847. Revised Statutes, as amended b the Act of March first, nineteen hundred and one, shall not be abridged: Provided further, That the price ri-me. of said lands shall be the appraised value thereof, as tixed by the said Commission, but settlers under the homestead law who shall reside u on and cultivate the land entered in good faith for the period requiredp by existing law shall pay one-third of the appraised value in cash at the *’¤Y¤¤¢¤¤·- time of entry, and the remainder in five equal annual installments, to be mid one, two, three, four, and five years, respectively, from and after the date of entry, and shall be entitled to a patent for the lands so entered upon the payment to the local land officers of said five annual payments, and in addition thereto the same fees and commissions at the time of commutation or final entry as now provided by l8W_Wl10f8 the price of the land is one dollar and twenty-tive cents per acre}, and no other and further char of any kind whatsoever shall be 'required of such settler to entitle him to a patent for the land covered by his entry: Provided, That if any entryman fails to make such Foztclme. payments, or any of them, within the time stated, all rights in and to the land covered by his or her entry shall at once cease, and any pay- ments theretofore made shall be forfeited, and the entry shall be forfeited and canceled: And provided, That nothing in this Act shall °°”“¤“'*'**°'*· prevent homestead settlers from commuting their entries under section R.S..sec.wv1.v- 421- twenty-three hundred and one, Revised Statutes, by paying for the land entered the price fixed b said Commission, receiving credit for payments previously made: Piinuéded, however, That the entryman or ¤¤is¤¤¤¤ 1¤¤¤¤· owner of any land irrigable by any system hereunder constructed under the provisions of section fourteen of this Act shall in addition to mLQ_}m,8“- ¥·· 30**- the payment required by section nine of said Act be required to pay ` for a water right the proportionate cost of the construction of said “'¤*M¤¢¤¤· system in not more than fifteen annual installments, as fixed by the Secretary of the Interior, the same to be paid at the local land office, *’¤¥"*="* M- _ and the register and receiver shall be allowed the usual commissions ` on all moneys paid. " The entr man of lands to be irrigated by said system shall in addi- ‘),*§;’;:,*j_*{};'§‘;’},gQ_P"‘ tion to compiiance with the homestead laws reclaim at least one-half of the total irrigable area of his entry for agricultural purposes, and before receiving patent for the lands covered by his entry shall pay M ti the charges apportioned against such tract. No right to the use of R°““ ° °“‘ water shall be disposed of for a tract exceeding one hundred and sixty acres to any one person, and the Secretary of the Interior may limit the areas to be entered at not less than forty nor more than one hundred and sixty acres each. . "A failure to make any two payments when due shall render the ,,,f.’,“g§?,‘§’,ll*f‘*f’“ ‘“‘° entry and water-right application subject to cancellation, with the forfeiture of all rights un er this Act, as well as of any moneys paid thereon. The funds arising hereunder shall be paid into the Treasury c€£_;;r><>*¤1 ¤f 1**** of the United States and be added to the proceeds derived from the ` sale of the lands. No right to the use of water for lands in private ownership shall be sold to any landowner unless he be an actual bona fide resident on such land or occupant thereof residing in the neighbor-