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Code · STATUTES-AT-LARGE · Vol. 31 STAT. · March 1, 1901 · Chapter 674

Chapter 674. Providing that entrymen under the homestead laws, who have served in the United States Army, Navy, or Marine Corps during the Spanish war or the Philippine insurrection, shall have certain service deducted from the time required to perfect title under homestead laws, and for other purposes

857 words·~4 min read·/statutes-at-large/vol-31/chapter-674-3616643·

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CHAP. 674.— An Act Providing that entrymen under the homestead laws, who have served in the United States Army, Navy, or Marine Corps during the Spanish war or the Philippine insurrection, shall have certain service deducted from the time required to perfect title under homestead laws, and for other purposes. March 1, 1901. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Soldiers’ and sailors’ homesteads. [R.S., secs. 2304,2305, p. 422](/us/rs/s2304/p422), amended.
That sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes be, and the same are hereby, amended to read as follows: “Sec. 2304. Every private soldier and officer who has served in theSoldiers and sailors serving in war of rebellion. Army of the United States during the recent rebellion for ninety days, and who was honorably discharged and has remained loyal to the Government, including the troops mustered into the service of the United States by virtue of the third section of an Act approved FebruaryVol. 12, p.339. thirteenth, eighteen hundred and sixty-two, and every seaman, marine, and officer who has served in the Navy of the United States or in the Marine Corps during the rebellion for ninety days, and who was honorably discharged and has remained loyal to the Government, and every private soldier and officer who has served in the Army of—during Spanish war. the United States during the Spanish war, or who has served, is serving, or shall—in Philippines. have served in the said Army during the suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably discharged: and every seaman, marine, and officer who has served in the Navy of the United States or in the Marine Corps during the Spanish war, or who has served, is serving, or shall have served in the said forces during the suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably discharged, shall, on compliance with the provisions of this chapter, as hereinafter modified, be entitled to enter upon and receive—may enter public lands, etc. patents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States; but such—time to enter, etc. homestead settler shall be allowed six months after locating his home-stead and tiling his declaratory statement within which to make his entry and commence his settlement and improvement.
“Sec. 2305. The time which the homestead settler has served in theDeduction of military or naval service from time required to perfect title, etc. Army, Navy, or Marine Corps shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements:” *Provided*, That in every case in which a settler on the public land of*Proviso*.Final proof by heirs of deceased soldier, etc. the United States under the homestead laws died while actually engaged in the Army, Navy, or Marine Corps of the United States as private soldier, officer, seaman, or marine, during the war with Spain or the Philippine insurrection, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, may proceed forthwith to make final proof upon the land’legal effect of death. so held by the deceased soldier and settler, and that the death of such soldier while so engaged in the service of the United States shall, in the administration of the homestead laws, be construed to be equivalent to a performance of all requirements as to residence and cultivation for the full period of five years, and shall entitle his widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, to make final proof upon848 and receive Government patent for said land: and that upon proof produced to the officers of the proper local land office by the widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, that the applicant for patent is the widow, if unmarried, or in case of her death or marriage, his orphan children or his or their legal representatives, and that such soldier, sailor, or marine died while in the service of the United States as hereinbefore described, the patent for such land shall issue.
Approved, March 1, 1901.
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