Page:United States Statutes at Large Volume 44 Part 1.djvu/1357

 1343 TITLBQ 43.-—7—1 patent, _ for meh ui amount "cf lands- which · have hgen a1 mm; time nr nmy thereafter be designated or classified by me prgwmy .4;: me {hmm as nr tm gmane: aegcrwea sr gid   and whn oing and rwidm upon the said homg stead entry, where mid lands am within a national forest may maker an additlcnnl entrf {tor and bbtain patent to suc! an gmrmnt nr land, nt that same charnctar, nat ina national insrst, and within n radius- of twénty miles. from said home isrerld entry, as, when the area thaernot is added to the ares of the original entry, will not exceed three lmndrcd nm urenty {acres., and residence upon the original cntry_.shall be creditedi on both entries; but cultivation must be made cnf the additional entry as required by `mld se·ctions.` Far the pur laws ni this section the Secm-tary of the Interior is guthorizet an designate as subject in quch sxticns, R lwds embraced, aa the time of such designation, ,within valid summing entries wsmgn mmm: {cred;. _(n;ar. 4, 1323,* c. `245,· 5· 1, 4: sm;.`rl45.) -, p ·  ‘- · · - _   l · 223,  of settler C6 entry under Eilarggd Homestead Ad.-;-Any settler upm lands designated by the Secrétan uf me inter‘l0r»»as subject "tn the "prprinions "cf paragraph: mr m (cl; mclnsive of section 2l8 of thi chapter, and sen tim; 2I9_h nf this · chapter, shall be entitled in the preférencg right of accorded by section 166 of this chapter; pro virirxl he shall have plainly markéd the exterior- bcundhrlea nf the land; clsimgd ad his homestead: Provided, Tlmt aftc-:1 `tlw designation, bi the Sebretary of the Interior of publid _l;mr1s'f¤sr gntry under the n0¤r¢sidenée_provisioné°0f secticns 21E { ami 219, may person Jvho shall have plainly `II1{ll’k€d”·thB ex wriqr hcundarigs of the lands claimed under snid provision: of law and -zna·;le..val¤a1l3le_ improvements thereon slmll.`l1;1v< _ il preference right, to enterrthe lands so c1nl1néd_and improved at any timewitlalu thrge mouths after tbejdatg 0n_which· Burgh lands bgumnc subject in entry; but such right shall torteit unless the settler nr claimant under the. provisldns of the said sections Q shall annually cultivate and improve the lands _ in thnéférm and__1i1annnr‘and_t0 the extent therein requireé fnllnwing dateict initiation ci" his élaim hereunder. (May 14 BBQ. c. 89, § 3, 21»Stat. 141; June 6, 1900, c. 821, 31 Stat._ @3 _ Aug. 9],1912.9. 280, 37 Sint. ET.) _ ‘_· [  p I ` R4.   nf   within ccrttin nbqundarics in -N¢· Jhrapin crztenhd; cxchtsioa of irrigthlc laNa.———(a) After Jjlnc _ 27, 1904. entries. made under the homestead laws in: the State Ynf Nebraxa wgst and mrth at the following line, to pyltz Be ginning at n point nn the   line between the States 01 South Dakota and glebrnska where the first guide nmridinr west of tm 'slxth prlncipnl meridian strikm said  ~ tlwnree rtinnlng south nlong mid guide meridian to its inter srectlnn with the fourth dandhrd parallel north .0t the buss line betwmn the Status! Nebraska and TKSQ  thence wom alex said fourth standard parallel to its lntersaétion with the Strand guide mridinn west at the siith principal meridlnnl them wh along aid   guldéfhgridian to its lntersec tionfwith the third nandsrd parallel mh off the said base line; them pm slam gid third Hnndard parallel · to its hutnrsecticn with the range lim betwecnfrnnmd 25 and 28 »wea1 pf the sixth mridlan; thence hnnth .dlcag ¤id line tc its intewtlna with the   standard Jpa@el north of- the said use llncrthme wm onysald mtamard parallel to its /¤\'terspctlnn‘1r1th the  lim batwwn rnngas 39 and 81 westl p. thencé south glcng uid line tc its i¤ ¤0n with the bannd my line hetwwn  States nfliabmska uml Ka l r   shall noi ‘ cxcmdlh arg dx hnmred and forty ncrg ind shall be he nmrly compact in fpm ·u mumble, and in no_ arent over tw: l miles `lngextrcme length: Provtécd, That thernslmll be ex- _ l eluded from the prcvlmnia ct this  such lands within: r the territory herein d@lbed as in the opinion ot the Seem tary ot the Interlér it nm; he reasonably practicable wirrightc

PUBLIC LANDS § 224 t under the national irrigation law, or by private enterprise; and 2-. that said Secretary ehnllt prier to the date almre`n1entioned,· 1 designate and exclude from entry under this section the lands, · particularly along the North Platte River, whiehia me opinion ,_ it may be wssible to irrlgate ae aforesaid; and alrahtlxereafter, Q 1 from time to time, open to entry under this eectioe any of the ‘ 1 lands so excluded, which, open farther inveeztigation, he may — conclude can not be practically irrigated in the manner' aforen`said..` l (b) Limit of additional mfr;} of contiguous I¢m·i.——Entrymen e under the homestead lnwe of the United States within the ter- 2 ritory above described who owned and occupied the lands here4 - t tofore entered by themprior to April 28, 1904. may, under the l provisions of this section and subject to its coaditioee, enter. t other _ lands contiguous to‘ their aaid homexead entry, which s 'sl:mll`not,ywith_tl1e land so already entered; owned, aad oceaz pied, exceed in the aggregate sit handred, and forty acres; and · residence continued and improvements mow upon the original · homwtead, subsequent to, the making of the additional entry,' y shall be accepted as equivalent to actual residence and seprew- 5; ments made upon the additional lam so entered; but nnal entry . shall not be allowed ot such, additional lead until fire years 3 after first entering the same, except ru favor of entryrnen . entitled to credit for military serrice. _ ~ ~ g   (c)-- Fees yaad commiaxionr mi ent}-iea;_ eomime_te¢ioa.—The~ p fees and commissions on all entries under this seetioa shall be g _ uniformly the same asthose charged. for a maximum entry at . steadllaw shall not apply to entries nnderthis section, and at [ `improvements or the va1ue‘—ot·not lemj than $125 per acre for { each acre includediin his entry: Provided, That a former Imme- , . ot this section of a tract which, together with the former entry, [ any former homestmd entryman who shall be entitled to an L, additional entrynnder paragraph (b) of, this eectioa shall have make additional entry as provided in said parmraph; ..` _, (d) Benepta of acoteioa cwteaded"` fo eerteia`¢`ea?rie·a.—All g 28th day oi April, 1904,-and eming on tm  day of June, . 1904; made homestead entry`·in°'the .s;te*¤ra Nebraska within { the area affected by this section; sha  be entitled to all the i benents of said Act I as if their entriw had been made prior . existing rights. -_ . _` i A- `. _   A ¤ _· g`  (el Beacrttexof militorylrerr-ice exteadcdito enmee.—-·'I‘he r;_ benehte of military service in the Army or Navy of the United r States granted. under the homestead lates shall appljrto ea—`  and all homeetead entries hereafter made within the territ . tory described in the aforesaid Act shall be anbject to atl the tl _ ;(f) `Solo of-isolated h·eofs.—-—-Within the terrltory_`described { in eaid Act approved April 28, 1904,. it shall be lawful for the g Secretary of ‘ the Interior to order into market and sell nnder g the provisions of the laws. providing torjthe mle of isolated er o Q nected tract not exceeding three quarter sections in area:— t Igroeided, That not more than three quarter sections shall. be §.soldtoanyoaeperson._ _    ·_ ·‘ > " (9)_ Q#al£#cutfo·¤a of oatrymen making additional .en·triea.-;-#· - ~’1‘he'·qnalii\cationa of 21 former homestead entryman who has, 1 prior to August 24. 1912, been permitted to ma Ire an additional I - or another entry under this section, prior to August 24, l912, 2 shall be determined by tlneoualitications, except as to citizen-
 * the minimum price. The commutation provisions of t  horne-
 * A the time of making Hnalproof the entryman mast prove amsma-
 * tively that he has placed upon the lands entered permanent
 * . stead entry shall not be 'a bar to the entry under the proriaioae
 * ~shall_ not exceed stx hundred and fort} acres: `rgeetaca, That
 * for ninety days after April 28, 1904, the preferential right to
 * qualined entrymen who; dnrlng the period beginning von the
 * ·or snbmuent tb the aboreqmentioned datw, enbject to atl
 * tries made tender the aforesaid Act approved April 28, 1994,
 * provisions thereof; A r _ I  · E
 * disconnected tract or parcels of land any isolated or discon-