Page:United States Statutes at Large Volume 44 Part 1.djvu/1351

 1337 · TITLE 4:1.-1*U1 thor, That when there may be climatic reasons, sickness, or l hihhr umvoldnblé cause, me Commissioner of the Gcnerhl Land liylimz may, lu his discretion, hllow the settler twelve months ' imlh the date of-ming in which to commence his residence? on said land under such rules and regulations as he mhy prescribe. {R. S. S Q97; Mar. 3, 1881; c. 153, 2i Stdt. 511; June 6, .1912, c. 153, 37 Stat. 123.) J · _ ‘ - 179. Rights of wife abandoned by `husbu2d.———In any case in gillfh persons have regularly initiated claims to public` lands hh shttlers thereon made: {tha provfsléns oi the homestéad laws mil the with of such hhbmestead Settler or cntryman,, while ¥`i‘1~i{!iRg upon the homestead claim and prior to submission ot b iihzzi proof of residehcc, cultivation, `and improvement as prexibrilhhd by_ law, has been abandoned and deserted by her husmm! for h period of more than one year; the deserted wife ipod establishirlg- the fact _0f. such abandonment _0r, <les<·rtinn to the satisfaction of the Secretary of the Interior, he entitled to submit proctupcu such claim uml obtain patent th»e17efor.f¤ her name ir; the form; manner, had subject to the ` chhditions prescribed.   sactldn 164 _0t this chapter: Provided, ` Tim: ain such calms the with shall be required Qhhow residence {mam, cultivation, and improvement of the homestead by hergeli fm·`mch?tlm as when, added to the time duriugwhich her imslehud prior td desertion had complied with the law, would aggregate the full amount of  ‘iri1prcvemc¤t,‘ and cultivation required by law: _4s•d prqqidcd further, That the pub· l lished had posted   ct lnte¤tlou` to "suibqlt Baal proof. in l smh   bhinll 'rebile the tact that the proof ls~t0;b¢ uttered. - and patentlschght by applicant as a, deserted wife, ami, prior th its submission, notice thereof shall be wrved upon the hushzmd of the applicant ih sixch an manner and sfndgr hugh lruléd had regulations u than Secretary of the Interior shall prescribe. (0€i.2,1éI4,¢._835,38$£8L766·) _ . _ " .- ·· [171. Ri¢t• hiring is infant childrc¤,——In chse of the death ot both in the: and mother, leaving lan infant child, or children under tvmmy-one yum otlage, the rlgt and tec 'shill lnure td the b8£t ci such lntuit chllclcr children-; and the cxechtor, admi tc:, or guardian may, at my time within t;V0`yC£l°S , hftgr the death pt _ the mrvivlug parent, ind in accordance ` ‘with the laws 01% State lu which  such ghlldren, for the - time being, have tlndr Qomlcile, sell the land lor the benemz qt sumh lhtsmgn, but tar nm •t@‘. puqicse, and the mrchascr shall acquire the am¤$1hte`t1tlo by the purchase, and be entltléh tb Qa ` xiateht tx  UBIQGG Stated QQ $42 Flymut ct this 0Sce tees n¤dt&emmh:a¤o¤ita.¤ymmyl‘.(R.8.|·2292.) " ~ _ l72;$·I y bf-acttbrs.-Ju all gm in which partlu who _ rezhisrly Ialtlated claims-to @1k  8%¢u8l‘8.t@l‘€0R accofdlq tb the b1‘0Vi$i0B8 ot   liws, lnécaml in- WIDE,  =· ¤l Jam 8, 18®, or shall havhtherlgfter become insane bdore   axpiration of the time during which tlwir widened chltlvatlma, hr ii·m@l”0V¢%llt 01 the land claimed . by them is  by lgw to be continued lh` ards: to. ehtitlc · them to make. the proper proc! and perfxt their dalms, it shall be lawful iw   !*®\\ll*&l'[J1’00f md PlI%¤¢ to be mule for tw: pxt by any pemoh wh¤·`mny be 1l@lly suthérlzed tb act for thm during their himhlllty,   therghpcu their claims  wal be   and pate¤t&.,· provmw it shall be_sh0w¤» by   to the     of the General land ' 0Mce that the     i3 good faith with the legal requirements up to the time of tlmlr   IMQM, ind the rcqulmmhxat lh hmapmchd   ht QB amnvlt ct allegiance by the hpmmht lh wrttln mm hh a premqqhislte tb the issuirs: bi thé patzhts shall be  with; so {nr qs regarlls awk  gnrtls. ·(J¤§c 8. 1@9, g, IE5, E Stat, 168.) 173.  dia   §h.———e-All wmmhtatlhus -0% h mmm shall be  after me expiration at £0urtm· m frm date of set!;@¤. Nxhlug ih this cmp? ·tcrshallb¤•¤c¤ptrue<lu,tc‘®wt1hy_perso¤¤7h9shaD _

BLIC LANDS § 183 avail himself of the beheflts of section 161 of this chapter from paying the minimum price for the quantity of land so entered at any time after the expiration of fourteen calendar months from the date ot ‘sm·h_ entry, and obtaining a' patent therefor, upon making proof of settlement and of residence and cultivation for such period of fourteen montha. (R. S, { 2301yMar. 3, 1891,_c. 561,e§ 6, 26 Stat. 1098{ Jmie 3, 1896, . c. 312, § 2, 29 Stat. 197.) ‘ , 174. Right to transfer claim.--Any bona tide settler umler the homestead, or other settlement law shall have the right to transfer, by warranty against his own acts, any portion of his claim for church, cemetery, or school purposes.- or. for the right 02 way of railroads, telegraph, telephones, canals, rescr- · voirs, or ditches, for irrigation or drainage across it; and the transfer for such public purpoées shall in_ no way vitiate the right. to complete and perfect] the title to his claim., (R. S. § 2288.;`·Ma1·. 3, 1,891, c. 561, §_§ 3, 4, 26 Stat. 10974 Mar. 3, 1905, c. 1424, 33_Stat. 991.) ‘ A Q · B 175.. Exemption lfrom. execution of homcatead' land.-—No laude acquired under the provisions of the homestead laws and laws supplemental and amendatory thereof shall in any creat beqomé liable to the satisfaction of any debt contracted prior to The lasulng of the patent therefor. _ (R. S. il @6; Apr. 25, 1922, c. 155, 42 Stat. 502,) `  ` 176. Com_?iuione1fs.—-—:Appo£atmevat.~The chief jaeticeoi the iourt exercising "Federal . jurisdiction lu the Territories ehall have- power lto appoint commissioners in the several hjadieial districts, to be known when appointed as United States court commissioners. . A ._ . - ·` g Administration of 0atha.—+Said commissioners shalls have power, and it shall be their duty oa application, hy proper person, to admlniéterthe oagg in preliminary a§davits and axial proofs required under thehomeetead and desert land lain; in their respective districts, in like manner las provided for in reference to United States commissioners, in section 254 ot this chapter.° ‘ ·, _. _ W - Residence.--No commissioner shall be appointed who resides - within thirty miles of any local land ·o§ce, ner shall any com·· mlsaloncr be appointed who resides within thirty miles of any other commissioner. (Mar. 2, 1895, c. 174, §§ 1-3, 28 _ Stat. 744.) -. ~ " ‘ , ‘ I » RIGHT OF PARTICULAR PERSONS T0 MAKE-ENTRY 181. Kdditloaal entry after has or terfeitam iof forier 3tl?]q·····AD]'_  who prior to. June 5, IQGQ, has made entry ahdor tho homestead laws, but from any eaase has lost or forfeited the samé shall he entitled to the heaeata of the homedaad laws as thoegh such former entry had aett been made. (Juno 5,1900, c. 716, { 8; M Stat. 270.) ‘ a " ` 182. htry after forfétarc of prior mtri xiii fault.- Aay pcrmn o@wi@ duly qualihed to make éatry or entrim of public lands under the homestead or deaertdaad laws, who has prior to September 5, 1914, made or may thereafter make entry under mid laws, and `who, through he {suit oi his own, may have Fmt, forfeited, or abandoned the saaze, or, who may load, forfeit, or amadou same, shall be eatitled to the henehts of the homestead or deaertdand laws as thoagh. mich former l entry or entries had never been ·made’:l Provided, That such_ applicant shall show to thesatletaotion ot tm Secretary ot the Interior that tm prior mtry or entries were made ih good faith, were lost, forfeited, or abandoned because at matters heyond his control, md. that he has not speculated fa his right nor com~ mltteda fraud bxiattemmed fraud in coaaeetloa with such prior· %t1’F or wtrles; J (Sept. 5, 1914, c. @4, 38 Stat. 712.) ·. ` h@ftar serve, for a period not less than foal-teen days in ‘the or Navy of the United States, either Regular or \·'oluu— twr, under the`lawa· thereof, during the existence ot an actual ri,
 * 1Nt Hina? vetaragaa.——;l\To pers>¢m_ who shall serve, or may