Page:United States Statutes at Large Volume 35 Part 1.djvu/656

 SIXTIETH CONGRESS. Sess. II. Cns. 150, 160. 1909. 639 "An Act making appropriations for sundry civil expenses of the Government for the hscal ear ending June thirtieth, eighteen hundred and nineéydive, and ior other purposes," and the amendments thereto be, an the same are hereby, extended to the Territories of New Mexico and Arizona., and that said Territories upon complying with the pgovisions of said Act shall be entitled to have and receive all of the neiits therein conferred u n the States. Sec. 2. That this Act shall be in fuhoforce and effect from and after Efwits passage. _ _ Approved, February 18, 1909. - - CHAP. 160.-An Act To provide for an enlarged homestead. Febrigrglggj 1m' Be it enacted by the Senate and House of Representat&ve& of the United [puhim' N0' M'] States of America in Congress assembled, That an person who is a `§¤}>1i¤1¤r:,<1¤B qualilie entryman under the homestead laws of the Suited States may smhaiiiriies Jimsimi enter, by le al subdivisions, under the provisions of this Act, in the ""§§,’,{:"¥?_{,*f‘,*°".,.;,,,.,,,, States of Cgilorado, Montana, Nevada, Oregon, Utah, Washington, ri¤¤•»¤¤¤*»¤<1. and Wyoming, and the Territories of Arizona and New Mexico, three hundred and twenty acres, or less, of nonmineral, nonirrigable, unreserved and unappropriated surveyed public lands which do not contain merchantable timber, located in a reasonably com t bod, and not over one and one-half miles in extreme length:  That no P'°""°·,m,0,mm_ lands shall be subject to entry under the provisions of this Act until irr1s¤bl¤1¤¤·d¤- such lands shall have been designated b the Secretary of the Interior as not being, in his opinion, susceptible of successful irrigation at a reasonable cost from any known source of water supply. Sec. 2. That any person applying to enter land under the provisions tg¤v¤¤¤¤¤¤¤· fwof this Act shall make and subscribe before the proper officer an aili- ° ` davit as required by section twenty-two hundred and ninety of the 1<.s.,se¤.mo,p.4a¤. Revised Statutes, and in addition thereto shall make aihdavit that the _ land sought to be entered is of the character described in section one of this Act, and shall pay the fees now required to be paid under the homestead laws. _ Sec. 3. That any homestead entryman of lands of the character ,,,§(§l,‘,{§}‘§}’,, }§']§“,§‘§l herein described, upon which iinal proof has not been made, shall ¤¤=¤¤ ·"¤¤¤‘*·*~· have the right to enter public lands, subject to the provisions of this Act, contiguous to his ornier entry which shall not. together with ¤¤·*¤·¢¤¤- the original entry, exceed three hundred and twenty acres, and residence upon and cultivation of the ori inal entry shall be deemed as residence u on and cultivation of the agiditionul entry. _ _ Sec. 4, 'lphat at the time of making tina] proofs as providexl in section  ""“"""°“ twenty-two hundred and ninety-one of the Revised Statutes the entry- m¥<·S·.¤¤¤· {N1.1¤· 420- man under this Act shall, in addition to the proofs and aihdavits Mdm°°° ` re uired under the said section, prove by two credible witnesses that atileast one-eighth of the area embraced in his entry was continuously cultivated to agricultural crops other than native grasses beginning with the secon year of the entry, and that at least one—fourth of the area embraced in the entry was so continuously cultivated beginning with the third year of the entry. Sec. 5. That nothing herein contained shall be held to atfect the right néwngggmegdm of a qualitied entryman to make homestead entry in the States named °° °”" °° ' in section one of this Act under the provisions of section twenty-two 1hS..¤ec.¤¤¤.i>.41¤. hundred and eighty-nine of the Revised Statutes, but no person who _ has made entry under this Act shall be entitled to make homestead *"° "”’“’”“‘““°“*· entry under the provisions of said section, and no entry made under this Act shall be commuted.