Page:United States Statutes at Large Volume 36 Part 1.djvu/920

 896 SIXTY-FIRST CONGRESS. Sess. III. Cris. 34, 35. 1911. CHAP. 34.—~An Act Providing for second homestead and desertrland entries. lP¤\>¤i¤· N0- WJ Be it enacted by the Senate and House of Represe¢ztat2}ves of the Um {ed Public ima., States of America in Congress assembled, That any person who, prior ,,Z$°‘,§}‘,‘§§,°°§§§;$“e,‘{; to the approval of this Act, has made entry under the homestead or i*v9*g*3g>¤¤;,¢=¢·°ud°d desert—land laws, but who, subsequently to such entrg, from any cause °'- ’p` ’°m shall have lost, forfeited, or abandoned the same, s all be entitled to the benefits of the homestead or desert-land laws gs though such former entry had not been made, and any person applying for a secqnd homestead or desert·land entry under this Act sha furnish a desempxwugemnuned, tion and the date of his former entry: Provided, That the prov1sions of this Act shall not apply to any] person whose former eutxiy was canceled for fraud, or who relin uis ed his former entry for an va ueble consideration in excess of the %1ing fees paid by him on his original entry. Approved, February 3, 1911. ` F‘ig”§_W2,%0§°}r CHAP. 85.-An Act To quiet title to certain land in Dom Ana County, New —..;_;_.. Mexico. [Public, No. 341.] - ` Be it enacted by tlw Senate and Himsa of 1 of the United ·N°§*;; Am °°¤¤*¥·‘ States of America in Congress assembled, That inall cases where Frbecuehmunasex- sons have made 0. claim or claims to land in Dona Ana County, ew $‘§§‘}§'g§LB“°*’° Mexico, by virtue or under color or bona fide claim of right or title méfxvd *·¤*¤¤•¢••i derived from the Mexican land grunt, known as the Refugio Colony _ mnt., in said county, and whic grant was confirmed by the final §ecree of the Courts of Private Land Claims, rendered in nineteen hundred and two, and where such person or rsons in good faith and for a valuable consideration have purchasedpguch lands and occupied and im roved the same (prior to the rendition of said decree, in the bona iige belief that said lands were embraeed in and a. part of said grant and which lands were excluded therefmm by the final survey of said grant ordered by said court, and where iid persons, their assigns, and successors in interest have used, improved, and continued in the actual possession of the same as according to the lines of the Oflglllisl. l nrchase, and where no valid adverse right or title (except 0 the Bnited States) exists, such occupants, claimants, or purchasers ma make entry and the Commissioner of the General Land Office sha§ cause patents to issue for the same, after having such lands surveyed under existing laws, on payment of the fees and commissions required on original homestead entries, upon first making proof of the facts as required in this section, under re lations to be provided by the Commissioner of the General Land glliee, joint entries being admissible by coterminous proprietors to such an extent as will enable them to §;,,,;,,,_ mm adjust; their respective boundaries: Provided, That the right to make uc,g‘g;g_· °°°·· entry lierem given shell not extend to lands containing deposits of _ gold, silver, copper, 011, coal, or other valuable minerals: And pm- Existingsubdlvision vided, That whenever it shall be made to appear by petition from the ‘*'*°*‘ ’°“>¥¤”°"· oeculpeuts of such land that injury to permanent improvements would resu tz from running the lines of the public survey through such permanent improvements, the Commissioner of the General Land Office may recognize existing lines of subdivisions. arsyimnw w cum- Sne,_2. That the Commissioner of the General Land Office is hereby ` authorized to render to the claimants under this Act such assistance as he may deem necessary in the matter of the preparation and submis- Expenses. sion of proofs hereunder, and all actual expenses incurred by clerks of the General Land Office or others detailed by the commissioner in rendering the necessary assistance to such claimants, including per diem allowance in lieu of subsistence, may be id from the appropriation for expenses of inspectors, General LangaOfEce. Approved, February 3, 1911.