Chapter 381.
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CHAP. 381.— An act to withdraw certain public lands from private entry, and for other purposes.March 2, 1889. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Public lands. Withdrawal from private entry. Missouri excepted. That from and after the passage of this act no public lands of the United States, except those in the State of Missouri shall be subject to private entry. Sec. 2. That any person who has not heretofore perfected title toPerfection of title. a tract of land of which he has made entry under the homestead law. may make a homestead entry of not exceeding one-quarter section of public land subject to such entry, such previous filing or entry to the contrary notwithstanding; but this right shall not apply to persons who perfect title to lands under the preemption or *Proviso*.
Preemption settlers may change to homestead entry.homestead laws already initiated: *Provided*, That all preemption settlers upon the public lands whose claims have been initiated prior to the passage of this act may change such entries to homestead entries and proceed to perfect their titles to their respective claims under the homestead law notwithstanding they may have heretofore had the benefit of such law, but such settlers who perfect title to such claims under the homestead law shall not thereafter be entitled to enter other lands under the preemption or homestead laws of the United States.
Sec. 3. That whenever it shall be made to appear to the registerLeave of absence on account of crops failing, etc. and receiver of any public land office, under such regulations as the Secretary of the Interior may prescribe, that any settler upon the public domain under existing law is unable by reason of a total or partial destruction or failure of crops, sickness, or other unavoidable casualty, to secure a support for himself, herself, or those dependent upon him or her upon the lands settled upon, then such register and receiver may grant to such settler a leave of absence from the claim upon which he or she has filed for a period not exceeding one year at any one time, and such settler so granted leave of absence shall *Proviso*.forfeit no rights by reason of such absence: *Provided*, That the time Absence.of such actual absence shall not be deducted from the actual residence required by law.
Sec. 4. That the price of all sections and parts of sections of thePrice of forfeited railroad lauds. public lands within the limits of the portions of the several grants of lands to aid in the construction of rail roads which have been heretofore and which may hereafter be forfeited, which were by the act making such grants or have since been increased to the double minimum price, and, also, of all lands within the limits of any such railroad grant, but not embraced in such grant lying adjacent to and coterminous with the portions of the line of any such railroad which shall not be completed at the date of this act, is hereby fixed at one dollar and twenty-five cents per acre.
Sec. 5. That any homestead settler who has heretofore entered lessHomesteaders may enter up to one quarter-section. than one-quarter section of land may enter other and additional land lying contiguous to the original entry, which shall not, with the land first entered and occupied, exceed in the aggregate one hundred, and Additional proof required.sixty acres without proof of residence upon and cultivation of the additional entry: and if final proof of settlement and cultivation has been made for the original entry, when the additional entry is *Proviso*.made, then the patent shall issue without further proof: *Provided*, Applicable to owners only.That this section shall not apply to or for the benefit of any person who at the date of making application for entry hereunder does not own and occupy the lands covered by his original entry: *And provided*, That if the original entry should fail for any reason, prior to To fail if original, entry is void.patent or should appear to be illegal or fraudulent, the additional entry shall not be permitted, or if having been initiated shall be canceled.
Sec. 6. That every person entitled, under the provisions of theHomestead settlers. homestead laws, to enter a homestead, who has heretofore complied with or who shall hereafter comply with the conditions of said laws, 855 and who shall have made his final proof thereunder for a quantityMay complete entry to one quarter section. of land less than one hundred and sixty acres and received the receiver’s final receipt therefor, shall he entitled under said laws to enter as a personal right, and not assignable, by legal subdivisions of the public lands of the United States subject to homestead entry, so much additional land as added to the quantity previously so entered by him shall not exceed one hundred and sixty acres: *Provided*,*Provisos*.
That in no case shall patent issue for the laud covered by such additionalPatent. entry until the person making such additional entry shall have actually and in conformity with the homestead laws resided upon and cultivated the lands so additionally entered and otherwise fully complied with such laws: *Provided, also*, That this section shall not be construed as affecting any rights as to location of soldiersSoldiers’ certificates. certificates heretofore issued under section two thousand three hundred and six of the Revised Statutes.
Sec. 7. That the “act to provide additional regulations for homesteadCompleting proof. Vol. 20, p. 472. and preemption entries of public lands,” approved March third, eighteen hundred and seventy-nine, shall not be construed to forbid the taking of testimony for final proof within ten days followingTime extended. the day advertised as upon which such final proof shall be made, in cases where accident or unavoidable delays have prevented the applicant or witnesses from making such proof on the date specified.
Sec. 8. That nothing in this act shall be construed as suspending,Abandoned military reservations. Vol. 23, p. 103. repealing or in any way rendering inoperative the provisions of the act entitled, “An act to provide for the disposal of abandoned and useless military reservations,” approved July fifth, eighteen hundred and eighty-four. Approved, March 2, 1889.