Chapter 162. Validating certain homestead entries
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CHAP. 162.— An Act Validating certain homestead entries. March 4, 1921. [[S. 1695](/us/bill/66/s/1695).] [[Public, No. 390](/us/pl/66/390).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That all pending homestead Public lands.Pending enlarged homestead entries by persons who had homestead title, validated if original entryless than 160 acres.entries made in good faith prior to January 1, 1916, under the provisions of the enlarged homestead laws, and all rights to enter land under said laws, based on settlement made thereon in good faith before said date, and while the land was unsurveyed, by persons who, before making such enlarged homestead entry, had acquired title to land under the homestead laws, and therefore were not qualified to 1434make an enlarged homestead entry, or such settlement, be, and the same are hereby, validated, if in all other respects regular, in all cases where the original homestead entry was for less than one hundred *Proviso.*Effect of adverse claims.and sixty acres of land: *Provided,* That no settlement claim shall be validated hereby where adverse claim for the land has been initiated before the passage of this Act.
Homestead entries made by entryman who commuted former entry not to be canceled therefor.Vol. 31, p. 269.Vol. 21, p. 237. Sec. 2. That no homestead entry heretofore made under the provisions of section 2 of the Act of Congress entitled “An Act for the relief of the Colorado Cooperative Colony, to permit homestead entries in certain cases, and for other purposes,” approved June 5, 1900, shall be canceled for the reason that the former entry made by the entryman was commuted under the provisions of an Act entitled “An Act relating to the public lands of the United States,” approved Reinstatement of entries canceled only therefor.June 15, 1880 (Twenty-first Statutes, page 237).
And all entries heretofore canceled on the ground that an entryman who commuted under the provisions of said Act of June 15, 1880, is not entitled to the benefits of the Act of June 5, 1900, shall be reinstated upon a showing by the entryman or his heirs, within one year from the approval of this Act, that there were no valid grounds for the cancellation of such entries except that a former entry was perfected under the Act of June 15, 1880, in all cases where valid adverse rights have not attached to the lands covered by such second entries since the date of their cancellation.
Homestead patents authorized. Sec. 3. That the Secretary of the Interior be, and he is hereby, authorized to issue patents upon the entries hereinafter named upon which proof of compliance with law has been filed: Michael F. Campion. Homestead entry, Havre, Montana, numbered naught twenty-one thousand three hundred and ninety, made by Michael F. Campion on December 10, 1913, for the southwest quarter of the northwest quarter and northwest quarter of the southwest quarter of section seventeen, and southeast quarter of the northeast quarter and northeast quarter of the southeast quarter of section eighteen, township twenty-nine north, range nine east, Montana meridian.
Lila J. Herbert. Homestead entry, Havre, Montana, numbered naught twenty-four thousand two hundred and fourteen, made by Lila J. Herbert (formerly Simmons) on December 31, 1913, for the northeast quarter of the northeast quarter of section twenty-nine and north half of the northwest quarter and southeast quarter of the northwest quarter of section twenty-eight, township thirty-seven north, range our east, Montana meridian. Homestead entry, Las Cruces, New Mexico, numbered naught eight thousand one hundred and seventy-one, made by Pearl B.
Brazil on March 13, 1913, for the northeast quarter of section eight, township twenty-nine south, range eight west, New Mexico meridian. Edgar J. Snyder.Enlarged homestead.Vol. 35, p. 639. Homestead entry, Miles City, Montana, numbered naught eighteen thousand four hundred and fifty-two, made by Edgar J. Snyder on May 14, 1913, under the Act of February 19, 1909 (Thirty-fifth Statutes at Large, page 639), for the south half of the south half, northeast quarter of the southeast quarter, east half of the northeast quarter, and northwest quarter of the northeast quarter of section twenty-two, township fourteen north, range fifty-eight east, Montana meridian.
Cole Weir. Homestead entries, Clayton, New Mexico, numbered naught twenty thousand six hundred and sixty-nine and naught twenty-six thousand seven hundred and ninety-five, made by Cole Weir, for the south half of the northeast quarter of section ten and southwest quarter of the northwest quarter and northwest quarter of the southwest quarter of section eleven, township seventeen north, range thirty east, and the southeast quarter of the southeast quarter of section three and northeast quarter of the northeast quarter of 1435section ten, township seventeen north, range thirty east, New Mexico principal meridian.
Homestead entry, Havre, Montana, numbered naught twenty-four Elma Hixon Benton.Enlarged homestead.Vol. 35, p. 639.thousand eight hundred and thirty-two, made by Elma Hixon Benton on February 24, 1914, under the Act of February 19, 1909 (Thirty-fifth Statutes at Large, page 639), for the south half of section thirty-one, township thirty-five north, range twenty-two east, Montana principal meridian. Sec. 4. That the entries hereinafter named be, and the same are Entries validated.hereby, validated, and the Secretary of the Interior authorized to issue patents thereon upon submission of satisfactory proof of compliance with the laws under which such entries were allowed:
Homestead entry, Salt Lake City, Utah, numbered naught twenty-three Parley P. Warren.Under Reclamation Act.thousand three hundred and twenty-nine, made by Parley P. Warren on August 1, 1918, for the west half of the southeast quarter of section one, and west half of the northeast quarter of section twelve, township fourteen south, range ten east, Salt Lake meridian, subject to the provisions of the Act of June 17, 1902 (Thirty-second Vol. 32, p. 388.Statutes at Large, page 388), and Acts amendatory thereof and supplemental thereto.
Homestead entry, Carson City, Nevada, numbered naught ten Perrin D. Hinckley.thousand nine hundred and nine, made by Perrin D. Hinckley on December 12, 1918, for the northeast quarter of section thirty-three, township forty-three north, range thirty-seven east, Mount Diablo meridian. Homestead entry, Douglas, Wyoming, numbered naught sixteen William H. Struble.Enlarged homestead.Vol. 35, p. 639.thousand four hundred and forty-three, made by William H. Struble on March 29, 1918, under the Act of February 19, 1909 (Thirty-fifth Statutes at Large, page 639), for the east half of the southeast quarter of section eighteen, west half of the southwest quarter and southeast quarter of the southwest quarter of section seventeen, north half of the northwest quarter and southeast quarter of the northwest quarter of section twenty, township thirty-nine north, range sixty west, sixth principal meridian.
Sec. 5. That the Secretary of the Interior be, and he is hereby, Applications authorized.authorized to allow the following applications to make entry: Homestead application, Phoenix, Arizona, numbered naught thirty-five Kit Carson Kirby.thousand eight hundred and twenty-five, filed by Kit Carson Kirby for the north half of the northeast quarter of section thirteen and the south half of the southeast quarter of section twelve, township twenty-two north, range four east, Gila and Salt River meridian.
Additional homestead application, Timber Lake, South Dakota, Willis A. Simmons.Additional homestead.numbered naught nine thousand five hundred and forty-six, filed by Willis A. Simmons for the southeast quarter of section thirty-four, township sixteen north, range eighteen east, Black Hills meridian. Homestead application of Hugh H. Gunn, being Rapid City series Hugh H. Gunn.Enlarged homestead.naught thirty-nine thousand three hundred and sixty-three, for the southeast quarter northwest quarter, east half southwest quarter, southwest quarter southwest quarter, section thirteen, east half northeast quarter, section twenty-three, west half northwest quarter, section twenty-four, township three south, range nine east, Black Hills meridian, subject to applicant’s compliance with the provisions of the Enlarged Homestead Act as to residence, cultivation, and improvements.
Sec. 6. That the Secretary of the Interior be, and hereby is, Yosemite Stone Company.Patent to issue.authorized to issue a patent to the Yosemite Stone Company, a corporation organized under the laws of Arizona, for the northeast quarter of the southwest quarter of section thirteen, township four south, range fifteen east, Mount Diablo meridian, Sacramento, California, land district: *Provided,* That such patent shall contain a reservation *Proviso.*Reservation for water power purposes.to the United States and its authorized permittees, licensees, 1436or lessees of the sole right to enter upon, occupy, and use any part or all of such land reasonably necessary for the accomplishment of all purposes connected with the development, generation, transmission, or utilization of hydroelectric power or energy.
Homestead fees, etc., to be returned. Sec. 7. That the Secretary of the Interior is hereby authorized and directed to certify to the Secretary of the Treasury the amounts paid as fees, commissions, and purchase moneys by the persons hereinafter named, in connection with homestead entries at the United States land office at Glasgow, Montana, in the year 1917, as follows: Nick Sitch. Serial number naught forty-four thousand four hundred and twenty-seven, Nick Sitch, west half southeast quarter, section twenty-seven, and west half of northeast quarter, section thirty-four, township twenty-nine north, range forty-one east.
Billie H. Evashanks. Serial number naught forty-four thousand five hundred and twenty- one, Billie H. Evashanks, south half southeast quarter, northwest quarter southeast quarter, section thirty-four, township twenty-nine north, range forty-one east, and west half east half, northeast quarter southwest quarter, section one, township twenty-eight north, range forty-one east. Payment. *Ante,* p. 1433. That upon receipt of the certificate from the Secretary of the Interior as provided in section 1 of this Act the Secretary of the Treasury is hereby authorized and directed to make payment of the amounts so certified out of any moneys not otherwise appropriated, and issue his warrant in settlement thereof.
Approved, March 4, 1921.