Page:United States Statutes at Large Volume 44 Part 1.djvu/1363

 1349 TITLE e4:.-»-P1 with the terms of the homostad laws: Provided, That a former hernestead entry of land of the character described in the preceding·section shall not be a bar to the entry of a` tract rrit nin a radius of twenty miles from auch former entry under 2 the provisions of this division of this chapter, which, together with theforrner entry, shall not exceed nr hundred and forty acres, subject to the requirements of lawn as to residence and improvements, except that no  shall he   on such udditienal entry if the entryman downs and is- residing on his former entry :· Probided farther, That the eutryman shall be required to enter all contiguous areas, of the character dwcrihed in this division of this chapter open to entry prior to the entry of any noncontiguous landt Andi wqviasa farther, That instead of cultivation as required by the home-. stead laws the entryxnan shall be required to make permanent inprorements upon the land entered"before dual proof is subuitted tending to incrwsel the va1ue· of the same for stockraisiug pur of the value of not less than $1.25 per acre,. und at least onedialf of such lmprovernents shall be placed upon the. land within. three years after the date of `entryi thereof. {Dec. w, 1916, c. 9, § 3, 39 Stat. 863; Oct; 25, 1918, {:.,195,:40 Stat, 1016.) . ~ " __ ` . r 294. Additional, cutiies; n¤o¤nt.—Any homestead. entryman of lands of the character described in this division. of, thisrchapter, who has not submitted ‘final proof upon his existing entry shall have the right to enter, subject- to the provisions of said division, such amount of lands designated for entry under the movmons of said division, within a radius of twenty Miles from said existing entry, as shall not, together. {with the amount embraced in his original entry, exceed- six hundred and forty acres, and residence upon the original entry shall be credited.- on both entries, but improvements must made on the additional entry equal to $1.25 for each {acre thereof: Provided, ilfhat ’ the entryxnan shall be required to enter alfeontiéuous areas "of the character described in said dlrision open to entry prior to the entry of any noncontiguou t 1 land. (Dec. _@,` 1916, c. 9,} 4, 39 Stat. 863;·8ept. 29, 1919,9 "c.63,41Stat;287._)_ l·  _ » ~· 295. Additional entries; persons entitled generally.--Persons who have submitted dual proof upon, or received, patent for, lands of the character described in this division. of this section under the honiestead laws, and who own and reside iupon the land so acquired, may, subject to the provisions of said division, make additional entry for and obtain patent to lands; designated for entry under Ythe provisions of said division, within a radius of twenty miles from the lands theretofore _ acquired under, the homestead laws, which, together _ with the area theretofore acquired under the homestead laws, shall. not exceed six hundred and forty acres, on proof of the expenditure required by said division ·on account of permanent bimprovements upon the additional entry: Provided, That the ontryrnan shall be required to enter all contiguous areas; of the character described in said division openf to entry ‘prior to the entry of any noncontiguous land. (Dec. 29, 1916, c. 9, §.5, 39 Stat.  Sept. 29, 1919,1:. 63,,41 star; 287. _ " . 295. Additional entries; heads of families, et¢.—?—·Any ‘ person who its the head of s, familypor who has arrived at the age of tu·enty-one. years and is a citizen of the United States, who has entered or acquired under the homestead laws, prior to December 29, 1916, lands of the character described in this ·_ divisionlof this chapter, the area ‘of which is less __than slx_, hundred and forty acres, and who is unable to exercise the right of additional entry conferred by said division because no lands subject to entry under smd division adjoin the tract so entered or acquired or lie within the twenty-inile limit pro» vided for ln· said division, may, upon submitting proof that he resides · upon and has not sold the land so} entered or acquired, and against which land there are no encumbrances,

UBLI0 LANDS § 299 ` relinquish or reconvey to the United States the land so occupied, entered; or acquired, · and in lieu thereof, within the` same land·office district, may enter and acquire title to six hundred and forty acres oi the land subject to entry under said division,‘ but must show compliance with all the provisions of said division respecting the new entry and with all _ the provisions of existing homestead laws except as moditlcd in said division. (Dec. 29, 1916, c. 9, § 6, 39 Stat. 8%.) e · 297. Commutation.·——The commutation provisions of the homestead laws shall not apply to any entries made under this division of this chapterl (Dec. w, 1,916, c. 9, § 7, 39 Stat. 364.). ~ 298. _Additional‘entries; preferential rights.——Any hoxnwtead entrymen or patentees who shall be entitled to additional , entry under this division of this chapter shall have, for ninety days after the designation of lands subfect to entry under the provisions of said division and contiguous to those entered or owned and occupied hy him, the preferential right . to make additional entry as presided _ in said division: Pro»· vldcd, That where such mans contiguous to the lands of two or more entrymen or patentees entitled to additional entries under  section are not sumcient j-in J ara to enable such entrymeu- to secure by _ additional entry the maximum amounts to which they are entitled, the, Secretary ot the Interior is authorized ton make an equitable division of the lands among .the_ several 'entrymen or patentees; applying to exercise pret· » erential rights, such division to he in tracts of not lws. than forty acres, or other legal sumivision, and so made as to equalize as nearly as possible the area which such entrymen ` and patentees will acquire by' adding the tracts embraced in additional entries _. to- there lands » originally held or owned by them: Provided further, That jwhere but one snch__ tract ot vacant land may adjoin the lands ot ztwo or more entrymen or s patentees entitled to exercise preferential right hereunder,. the tract in question may be entered by the person who nrst sub-` mits to the local land omce his application to, exercise said preferential (Dec. 29,1916, c._9, { 8, .39 Stat. 864,)_ »_ ·- 299; Reservation of coal and mineral rights.-e-Ally entries ‘made and patents issued under the provisions. of this division ` of this chapter shall be subject to and contain a reservation to the United States ot all the coaland. other minerals in the lands so entered and' patented, together with · the right to_ prospect for, mine,_‘and_ remove the same. . The coal- and other mineral deposits ing such lands shall be" subject — to disposal by the _ United States in accordance with the `provisions of the coal and mineral landlaws in force at the timeof such disposalg any r person qualfiled. to locate 'and enter the coal or other mineral e deposits,. or having the right to mine' and remove the same under the laws of the _United States, shall have the right at all times to enter upon the-lands entered or patented, as provided by said division, for the purpose of prospecting for coal `or -. other mineral-therein, provided he shall not injure, damage, or_ destroy the permanent improvements of the eutryman or pat-, entee, and shall be liable to and shall compensate the entrynran ' or patentee for all damages to the crops on such lands by reason of such prospecting. Any person who has_ acquired from the United States? the coal or other mineral deposits in anyjsuch land, or the right to mine and remove the same, may reenter and occupy so much of the surface thereoias may be required tor all purposes reasonably`incldent to the mining or removal qi the coal or other minerals, first, upon securingthe written _ consent or waiver of the homestead entryman or. patenrge; second, upon payment of the damagesoto crops or other tnngiole improvements to the owner thereof, ivvhere ngreonient Il1Zl}’_b•?· had as to the amount thereof; or, third, in, lieu of either oft the Ioregolng provisions, upon the execution ot- a good and sumcientr bond or undertaking to the United States for the use and benedt of the entryman or owner of the land, to secur.e 1 the myment of auch to_ the crops or tangible improve--