Chapter 44. For the relief of homestead entrymen or settlers who enter the military or naval service of the United States in time of war
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CHAP. 44.— An Act For the relief of homestead entrymen or settlers who enter the military or naval service of the United States in time of war. July 28, 1917.[[S. 1811](/us/bill/65/s/1811).][[Public, No. 32](/us/pl/65/32).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Public lands.Service in time of war accepted for homestead residence, etc., requirements. That any settler upon the public lands of the United States; or any entryman whose application has been allowed; or any person who has made application for public lands which thereafter may be allowed under the homestead laws, who, after such settlement, entry, or application, enlists or is actually engaged in the military or naval service of the United States as a private soldier, officer, seaman, marine, national guardsman, or member of any other organization for offense or defense authorized by Congress during any war in which the United States may be engaged, shall, in the administration of the homestead laws, have his services therein construed to be equivalent to all intents and purposes to residence and cultivation for the same length of time upon the tract entered or settled upon; and hereafter no contest shall be initiated on the ground of abandonment, nor allegation of abandonment sustained against any such settler, entryman, or person unless it shall be alleged in the preliminary affidavit or affidavits of contest and proved at the hearing in cases hereinafter initiated that the alleged absence from the land was not due to his employment in such military Enlistment term equivalent to residence if discharged for disability.or naval service; that if he shall be discharged on account of wounds received or disability incurred in the line of duty, then the term of his enlistment shall be deducted from the required length of residence, *Proviso*.Residence before issue of patent.without reference to the time of actual service: *Provided*, That no patent shall issue to any homestead settler who has not resided upon, unproved, and cultivated his homestead for a period of at least one year.
Sec. 2. Heirs of settlers, etc., dying in service to receive patent.That any settler upon the public lands of the United States; or any entryman whose application has been allowed; or any person who has made application for public lands which thereafter may be allowed under the homestead laws, who dies while actually engaged in the military or naval service of the United States as a private soldier, officer, seaman, marine, national guardsman, or member of any other organization for offense or defense authorized by Congress 249during any war in which the United States may be engaged, then his widow, if unmarried, or in case of her death or marriage, his minor orphan children, or his or their legal representatives, may proceed forthwith to make final proof upon such entry or application thereafter allowed, and shall be entitled to receive Government patent for such land; 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 upon such homestead.
Approved, July 28, 1917.