Page:United States Statutes at Large Volume 44 Part 1.djvu/1364

 § 399 mean 4.s.-»-1 ments of »e entrymaa or owner, as may be determind and dxed in an retina hrenght upon the bead er undertaking in a mrt of acompetent jarlmledon against the _, prlaeignl and snreties thereon, sash band or  to hafta form and iaf aeesrdaaee with rela and rwnlationa pe    l bw by the Secretary of the Interlar and to be dm! with and approval by the l%istm· of the lm! land omce ei the dglstrlct wherein the land is situated snhjeet in a%l to the Gommiwioner _·oI the Gweral Land 0§ee: Pro·o€% That all  issued for the em! gr  ¤    mineral deposits herein a wrved shall contain annrowinte netatleaa declaring theb to be subject to the provisiens of said, divided with reference to the disposition, occupancy, and hse ot the  as   to an entryman under mid dlvigon. (Dec. R, 1916, c. 9, { 9,39 Stat. 864.) ‘ ‘ MQ. of  eontaming inter holes; cattle drirewnys.—-Lands  water holes sor other bodlm, oi water   or used by thepnblic for watering purpom shall get be dedgaated antler this division `ot this chapter ibut. may r%er1red» under the provisions of sections 141 to 143, inclnslve, and 148 ot chapter.8 nt this-title and such lands, prior te December E, 1916, or thereafter- reserved shall, while so reserved, be kept and sheld open to the public use for such pnrwses" mder such 3 general rnlen and regulations as "the &cretary {sr- the Interior may prescribe: Provided, That the Secretary may, in his- discretion, also withdraw from entry lands necessary `to insure access by l the public -t0  watering places reserved hereunder and needed for use in! the movement of stock to summer and wjlnter ranges or to shipping points, and may prescribe such rules 'and regulations as may he necessary. for the proper administration and use of Qsuch lands: Provided farther, That such driveways shall not be of greater nemesis or width. than shall be clearly necessa‘ry_ for the pnrpose proposed and ini no, event shall be nioré than one mile in width for a driveway less than twenty inlles in length, /___;;et»n1nre than two miles in width for driveways oyer twenty and not more than thirty-Hre miles ‘ in length and not over are miles in width for drisfeways over thirty=five miles in length-: Provided Q farther, That all stock` so transported ever such driveways shall be moyed. aa average ot not less than three miles per day for sheepyand goats and an average of ant less than six. mllm ner day for cattle and horses. (Dec; '29, 1916, c; 9, 5 16, 39 Stat; 865-) a .· · ‘. - 5 391. Realm. and reg¤1atiea,s.--5-The Secretary of the Interior ls authorized to make. all neoemry rules- and regulations in harmony with the provisions and purposes of, this section for the palm of carrying the same into edect. (Dec. R, 1916, _c.9, 511,39 Stat.-865.),  l `_ o _, 382. Additional entrlu. by entrymen an lands in national ferests.-—-Any homestmw eatryman ot one hundred and sixty acres or less ot lands- wbichhaye been {March 4, 1923, or may thereafter he designated or classidedgby the Secretary of the Interior as subject to entry under the provisions ot. this division ot this chapter, who has; not subxnitted Baal proof npon his existing entry, and also any horaestead entryman who has snhrnltted anal proof or received patent; for such an axnennt of lands that.are_ot·the character described as subject to entry under the provisions of, said division, and who- owns fa cssc nd resides npsn the said homestead entry, where said lands are withla a national forest, maymake an additional entry fer aadggshtaln patent to such an amount of land of that same eharaeter, not in a national forest and ·`~évlthln a radius of ltwenty miles from said homestead entry, as, when. the area thereof is added to the area of the Norlginal- entry, will not e·x¢;·eed six lnmdred and forty aeres, and residence, upon the original entry shall' he credited, da both entriesj but improvelmonts, must bei"made on the additional entry eqnal to $1.25 cfer each acre thereof. For the purposes, of this Section the Secretary of the Interior) is authorized to designate lands em-

evnmc ‘z.Aama 1350 L braced, at the time of, auch deaignation; within valid annals;. 1 ing entxfea within national forests. (Ma:. 4, 19%, ca 245, j 2, i 1 .42 smc. 144a) i , Chapter 8.--·-'1‘IMBER AND STONE LANBS. V Sec. · , $11. aaxar _. l 312.. Applications (er purchase; ialae swaariag. i n 318. Pablimtion; pmafs; eatqry and pateat; ngalatiaaa. ’ Scctian 311. Sale.-Sarveyed public, lands at the Baited ' States within the public land Statm, nat imlndm within milk ‘ tary, Indian, or other ruervationa ct the United. Statm valnj able chledy for  but anht for qattivatlen, and which sold to citizens of the United? Sum, or pemaa wm have del clared their; intention: to I    ¤· s o  each, in anaadtia not ex-
 * — have not been *oEered at pnhlic ale accezding to law, may be
 * ceedlng one hundred and sixty acr%_ to any oaeperma or aa-·

l `aoclation of persona, at the minimum priae af  per acre; ' and lands yaluable mieay for `atone may he wld ea the same Z terms as timber lands : Proviclcd, That, nothing mrein cm- ’ law of the; __Un1ted States, or anthorlze the aale "ot any msaiag l ·claim,i or the improvements ot any bona fide settler, nr lands > containing gold, silver, * cixmabaxj, copper, or " coal, or lands ee— T donating lands for ~ internal improvements, ·¤ acatloa, or other ¥· purposes :‘ And provided farther, That none of the rights can- · .ferred_by sections.43 to 45 and 51 of Title  Mmmm. Laana I man Mmme, and section 932 of this title shall he abrogated by '» this chapter; and _·a_ll intents granted shall be anbject to any - vested and accrued wate1·_rlghta,'or rights to ditches and}- :-‘ F` _‘y0irs used in connection with auch "water rights, as may have ‘ been acqnired uncle; and by- the provisions of said sections; and ¤ `euch_ rights shall be, expressly reaerved_ in any pateat l under ·this chapter. _ (Jane 3, 1878, ·.c. 151, § 1, 2€\ Stat. @; ‘· Ang. 4, 1892,_c.__375, S 2, 27 Stat. 348.)   ‘ _ —_ ‘ I _- ’ 312.°Applicit§ona for parchue; false swearing.-——Any peraan » desiring to avail hmself ot the provisions of this___chapter ahall i tile with the register of the proper district! n written statement > Land Office, designating by. legal subdivisions the particular tract of land he · desires `to parchaae, aettlm forth that the · 'same ia undt for cultivation, and valuable ehiedy for its, timber 1 or stone; that it is uninhabited ; contains ne mining or other r improvements,· except for ditch or, canal   where any auch do exist, have auch as were- made hy or belong to  i applicant, nor, as cdeponent verilyi believes, any valuable, deposit- of gold, silver, clnnabar, copper, or coal`; that deponeat . has made. no other application antler this chapter; that he does not apply to lpntchaee the same on "·apeculation, hut in good faith to appropriate lt" to hia own exclnaive use and ‘ benedt; and that he hea not,·.directly or indirectly, made any agreement of chntract, in any way ‘ox· manner, wit_h any Péwon · or persons whatsoever}, by iwhlch the ...;1tle which he might acquite from `thé Governinent. of the ilnitcd 'Statea ahenld inure, in whole or in part, to the beneht ’ of any peason empty » himself; which statement `nmat be ve‘rinM by the oath of the applicant before the register ot, the land owen viaithin the _ district where the landpls aitnated; and it any person taking .euch oath shall sweari falsely in the premiaes, he shall. he subject to all the pains and penalties of perjury, and shall fotfelt the rnoney which he may have paid for said lands, and all rightkand title.to the same; and any grant or conveyance which he may have made, except in the hander of bona Bde purchasers, shall be null and acid. (lane 3; 1878, c. 151, $5 2, 20 Stat. S9; Mar. 3, 1925, c._ 462, 43 Stat. 1145.) ·. " 313. Publication;. prnofs; entry and patent; regulations.- .Upon the Bling `oftaaid statement, as provided in the preceding aection, the register, of » the land 0Ece shall poet ’a notice of
 * tained shall defeat or impair any bona  claim nnlkr any
 * lected by the safd, States under any law- of the United States
 * in duplicate, one of which is- to be transmitted to the General