Page:United States Statutes at Large Volume 36 Part 1.djvu/556

 :532 SIXTY-FIRST CONGRESS. Sess. II. C11. 298. 1910. public lands which do not contain merchantable timber, located in_a reasonablv compact body and not over one and one-half miles ID F*¢v*•¢· len h: Provided That no lands shall be subject to entry Designation of non- extreme gt _ J. · irris¤b1e1•¤¤& under the rovisions of this Act until the lands shall have been tdB§1g- nated by the Secretary of the Interior as not being, in his op1n1on, suscept1ble of successful irrigation, at a reasonable cost, from any known source of water supply. _ _ -*PP“°***°"'· *°°°· Sec. 2. · That any rson ap lyinlgoto enter land under the provisions m` of this Act shall mag; and suhscri before the proper officer an ailidavit as required by section twenty-two hundred and ninety of the as.¤ec.2¤¤>.n4w- Revised Statutes, and in addition thereto shall make afiidavit that the · land sought to be entered is of the charactendescribed ur section one of this Ach and shall pay the fees now required to be paid under the hom tea laws. ~ . ·*•*d“*°{*", '“},°‘"’“ Said. 3. That any homestead entryman of lands of the character $!:¤i¤·i:¤.° mw herein described, upon which final roof has not been made, shall have the right to enter public lands, suhgect to the provisions of this Act, contiguous to his former entry, w ich shall not, together with the original entry, exceed three hundred and twenty acres, and residence upon and cultivation of the original entry shall be deemed as residence upon and cultivation of the ad itional enltgy. _ _ Pgggf °°*”'*“°° Sec. 4. That at the time of making fi proofs as provided in secml‘1.S.,sec.2291,p.420. tion twenty- two hundred and ninet -one of the Revised Statutes, the ‘°°i°°"‘L entryman under this Act shall, in addition to the proofs and aiiidavits - required under said section, prove bg two credi le witnesses that at least one-eighth of the area embrace in his entry was continuously cultivated to °cultural crops other than native grasses beginning with the secon?'j’rlear 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. ,,,§,.,°€,§',{'°,*?,‘,}”‘e,§’g,',,°f‘° Sm. 5. That nothing herein contained shall be held to affect the right of a qualified entryman to make homestead entry in the State of 1¤S··¤¤¢-im-v-4*9- Idaho under the provisions of section twenty-two 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 Nv ¤¤¤¤¤¤¤¤¤¤¤~ ·of said section, and no entpy made under this Act shall be commuted. t 1?¤d;0;*;§gg;s:¤- Sec. 6. That whenever e Secretary of the Interior shall find that " °’ any tracts of land in the State of Idaho subject to entry under this Act do not have upon them such a sumcient supply of water suitable for domestic purposes as would make continuous residence upon the lands manu mn re ssible, e may, in his discretion, designate such tracts of land, not ` qui"` ti? exceed in the aggregate three hundred and twenty thousand acres, . and thereafter they shall be subject to entry under this Act without (-;:;*;%,,01] to be the necessity of residence upon the land entered: Provided That the mae. entryman shall in good fait cultivate not less than one—eigl1th of the entire area of the entry during the second ear, one—fourth during the third year, and one~half during the fourth and fifth years after the date of said entry, and that after six months from date of entry and until final proof the entryman shall reside not more than twenty `miles P¤r¤¤¤¤¤W¤¤*k· from said land and be engaged personally in preparing the soil for Seed, seeding, cultivating, and harvesting crops upon the land during the usual seasons for such work unless prevented by sickness or other 1·¢•*¤¤*¤*>¤¢¤¤¢· unavoidable cause. Leave of absence from a residence established under this section may, however, be granted upon the same terms and conditions as are required of other homestead entrymen. Approved, June 17, 1910.