Page:United States Statutes at Large Volume 44 Part 1.djvu/1366

 § 328 e TITLE 4:.-P reclaim uid land, and prepare lt to raise ordinary agricultural cdrom, and shall" also show the source of the water to be used for irrigation and reclamation. Persons entering or mowing to enter separate sections, or- fractional parts of sections, of desert lands, may smoclate tegether in the constrnetion of canals and ditchw for lrrigating and  all of said tracts, and may me a joint map ~or_mam showing their·plau at internal improvements, (Mar. 3, 1@1, c. 561, § 2, 26 Stat. 1096.), · - . ‘ » 328[ Exmnditnres and cnltiiation required.-·No land shall he patented to any person under`, this chapter ;\1I1l€S§ °he or his mi@rs shall have expended in the   irrigatloa, reclamation, and cultivation thereof, by means of main canals ` and branch ditch@, and in permanent improvemégs upon the land, and in the purchase, of· water rights for the irrigation of the same, at least $3 per, acre of whole tract `reelalmed and patented in the manner following: Within one year after mak- 'lng entry for such tract of desert land as aforesaid the party so entering shall expend not less. than $1  aere for the purpmesaforesaid; and   shall in like manner expend the som of .31 per acre during the second and also:durig1g the third .» year tnermfter, until the full sum of $3 per acre is so expended; Said mrty shall me during each year with the register proof, by the `andavits of two oi more credible witnesses, that the · full sdm of $1 per acre has been expended ixr snch necessary improvements during such year, and the manner in which exmdm, and at the expiration of the third year a map or- plan showing the character and extent of such; improvements. `lf__ p any `mrty who has made such appllieation shall fail during any . ywr to nie -~the testimony aforesaid the lands shall revert. to the United States, and ·_ the _25i cents advanced myment shall be forfeited to the United States, and the entry shall be ,cau= celed. Nothing herein contained shall prevent a claimant from making his dual ent;y and receiving his patent at an earlier date than herelnbefore prescribed, provided that he then makes , the required- proof of reclamation to the aggregate extent of $3 per acre: Provided, That- proof __be further reqtiired of the `enltivati-on of one-eighth of the land.~ (Mar. ‘3, 1891, c. 561, ”§2,26·Stat,1»096.)_ -_ _’  · `_ ‘ 329; Issue of patent on ina] proof; citizenship requirement as to patentee; limit as to amount of holding.--At any time after tiling the declaration, and witmu the period of four years thereafter, upon making satisfactory proof to the register and the receiver of the reclamation and cultivation of said land to, the extent and cost and in the rf1anuer~aforesald, and substanf tially _ in accordance with g the plans ·herein provided for, [ and A that he or she is a citizen of the United Statw, and upon pay- ment to '. the receiver of the additional sum of _$1 per acre for said land, a patent shall issue therefor to the applicant or his assigns;·l¤it no person or association of gpersons. shall hold by assigmnent or otherwise, prior, to the issue of intent, more _ than three hundred Land twenty acres of such arid or desert lands but this section shall not · apply to entries made or initiated prior to March 3; 1@1: Provided, however, That additional proots may be required at any tlme ‘ within the period prwnnea by law, ad that the claims or entries- made under this chapter shall be snbject to 'eontwt, as provided by the law, relatim to hom&tead cases, for llleznl inception, aban- 'domaent, or failure to eomply with the requirements of law, and npon satisfactory proof thereof shall be canceled, and the c lands, and a moneys mid therefor, shall " be forfelted jo the United States. " (Mar.·3, 1891, .c. 581, { 2, E Btat;_1096.) W _ ' 330. Desert-land entry in addition sto homestead entry.--·— The right to snake a desert-land enuy shall not be  to any applimnt therefor who has alrmdy made an enlariede homestead entry of three honored  twenty acm: Provided, That l said applimnt is a duly quallnx entrymen ’ and the whole area to be acquired as an enlarged homtead. entry and

UBLI0 LAND8 1352 dnder the provisions of this, chnpt er does not exceed" fom- lumdred nzwhty acres. (Feb. 27, 1917, c. 13d; 39 Stat. 946t) e 331,; mation requirements waived in favor of disabled ~ ‘ ¤e -—Any_ entrymen under the dmert·_lnnd‘lewe, or any titled to preference right of mcrtry under section 326 or this chnptE"who after application or entry for §nrveyed land; or legal initiation ot olelm for ooeuneyeo Ponds, end prior Ito November 11, 1918, enlisted or sees ectunlly engaged in the United States Arniy, Navy, or Marine Corps during the awa: with Qermnny, who has been honombly  and bmoee ot physical ihcapncitiw due to ;¤em¢.·e‘1¤.¤k¤o1e to eceo‘mpl—t¤h. reclamation ot and payment, for the land, may mike ,witl;out turthq recla1nation·g&ereof orpaymentq thereon under; such rules and regulations an may M prescribed by the Seoree tary ot the Interior, nnd receive patent for the land by him me _ _ entered or claimed, it found entitled thereto: Pronidcd, That Fno such patent shall- issue. prior to the _ énrvey of the land. 15, 1921, c. 3, 42 Stnt.·8$S.)  ·   -_ ·. . ~ “ ‘ 332. Expenditure and cuhivathm rqnirenmta     ’h favor of ·e§ceri and enliw men duringysr with Gernsny,-·_ No deeertdand entry made or held under     of °tneiirst seven section; ot this chapter. by in omcer or enlisted min _ in the Army, Nevy, Marine Dorm, `0¥'V_0f$1¤iB9d   oi the United States shall be subject to comm or cancellation `for tnilure to make ori expend the som of $1 per acre per yur in ‘ improvements upon such   or to e¤ecf the reelhmation · thereof, during the period said entrymnn or his sncc$r m interest was engaged in the   servloe of the United States dm;in§ the war with   ind untll·» éx month; theijeaftekr, and the time within which msdn eétrymm or claim- · ont, is required to make such expenditures and édect reclamtion ot the land` shell be, excln$vc of the} time of his actual service no the Army, Navy,` Mor@ Corm, or   Militia ` of the United States :_ Provided, ” 'Imat mid deserbland entry shall have been made.by the said omcer or enlmed man prior to his enlistment: Provided further, That each snob entryman or claimant shall have, ?wltl1in six months after Anmt 7, 1917. or within nix months 'after l1e»is_·mustered into  servR·e,* illed in the locnl lend omce of the district whereinhis claim is 'situate a notice of -bis~1nuster‘int0 the service of the United _ States and. of his desire `to hold said—_ odesertelnim nnkr this section: Trooided. further, That the term “enlistedj man,” as uwd lin this section shell include any ··person‘ selected to serve in the military forces of ~the`Un1ted States anrprevided by the Actentitled "An Act authorizing the  to increase tene . ‘po1‘arlly_‘the Military Estnblishmentot the: United, Stat@,” npproved Mny 18, 1911, (Aug. 1, 1917, c. 48, 40 Stat. @0.),  Extension of time {or 'eoé`{pletim of   §rorks.—-· ~Any entryman under the dret mven   of this chapter who ehnllshow to`the`utia1nction° of the       od thm General Lend 0&e that he hné in' food faith eempiied yvith the terms, reqn1rementsQ and provisions ot said sections, but that becnn · ot some unavoidable deli: in the p n@n` of the   yvgks,   intended to convey water to A the std — lands, he ip; without mult on his port, nnnble¢o make proc! ot tlne reclamation and cuttivntion ot said lend, te required. by mid sections, shall, uponl mln: his corroborated nmndt ` with the land 0Qce in which md tnnd is   setting-forth c said {acts; be allowed an additional period of not to exceed three years, within the discretion of .the`.®mi$}oner of the General Land Omce, withinwhlch to furnish proofeaa required by snid sections of the completion of said work. (Mer. w, '1908,¢=.§112,§_3,35St&€.52.) _  ,_· ·. _ 334{Further ertemien of time for Enal proof¤t——-—·-The Secrel tit: of the Interior may, in his discretion, in addition to the eitension authorized by the preceding seetion or other law existing prior to'Aprl1d30, 1912, grant- to any entrymnn nnder the desert-land_ laws 8t'fll1‘u1Ql° extension ot the time within