Page:United States Statutes at Large Volume 38 Part 1.djvu/975

 SIXTY-THIRD CONGRESS. SESS. III. CH. 91. 1915. 957

Additional contiguous entries allowed.

"SEC. 3. That any person who has made, or shall make, home- stead entry of lands of the character herein described, and who has not submitted final proof thereon, or who having submitted final proof still owns and occupies the land thus entered, shall have the right to enter public lands, subject to the provisions of this Act, contiguous to his first entry, which shall not, together with the original entry, exceed three hundred and twenty acres:

Proviso. Restricted to designated lands. Vol 35, p. 639.

Provided, That the land originally entered and that covered by the additional entry shall have first been designated as subject to this Act, as provided by section one thereof.

Proof of cultivation. R. S.,sec. 2291, p.420. Vol. 37, p. 123.

"SEC. 4. That at the time of making final proof, as provided in section twenty-two hundred and ninety-one of the Revised Statutes,the entryman under this Act shall, in addition to the proofs and affidavits required under said section, prove by himself and two credible witnesses

Minimum area required. Vol. 37, p. 666, amended.

that at least one-sixteenth of the area embraced in such entry was continuously cultivated for agricultural crops other than native grasses, beginning with the second year of the entry, and that at least one eighth of the area embraced in the entry was so continuously cultivated beginning with the third year of the entry:

Provisos. Requirements of residence and cultivation modified.

Provided, That any qualified person who has heretofore made, or who hereafter makes, additional entry under the provisions of section three of this Act to an entry upon which final proof has not been made, may be allowed to perfect title to his original entry by showing compliance with the provisions of section twenty-two hundred and ninety-one of the Revised Statutes, respecting such original entry, and thereafter in making proof upon his additional entry shall be credited with residence maintained upon his original entry from date of such original entry, but the cultivation required upon entries made under this Act must be shown respecting such additional entry, which cultivation, while it may be made upon either the original or additional entry or upon both entries, must be cultivation in addition to that relied upon and used in making proof upon the original entry; or, if he elects, his original and additional entries may be considered as one, with full credit for residence upon and improvement made upon his original entry, in which event the amount of cultivation herein required shall apply to the total area of the combined entry, and proof may be made upon such combined entry whenever it can be shown that the cultivation required by this section has been performed; and to this end the time within which

proof must be made upon such a combined entry is hereby extended

to seven years from the date of the original entry: Provided further, That where an entry is made as additional to an entry upon which final proof has theretofore been submitted by an entryman who still owns and occupies the land thus entered, the entryman in making proof upon his additional entry shall be credited with residence maintained upon his original entry from date thereof, but the cultivation required upon entries made under this Act must be shown respecting such additional entry and must be performed upon the land included therein to the extent and for the period required in connection with the original entries under this Act, proof of which must be submitted within five years from and after the date of the additional entry:

Provided further, That nothing herein contained shall be so construed as to require residence upon the combined entry in excess of the period of residence as required by section twenty-two hundred and ninety-one of the Revised Statutes."

Approved, March 3, 1915.