Chapter 41. For the relief of settlers and entrymen on Baca Float Numbered Three, in the State of Arizona
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CHAP. 41.— An Act For the relief of settlers and entrymen on Baca Float Numbered Three, in the State of Arizona. July 5, 1921. [[H. R. 2422](/us/bill/67/hr/2422).] [[Public, No. 33](/us/pl/67/33).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That where, priorBaca Float No. 3, Ariz. Settlers, etc., evicted from, private land claim, may select twice the area of lands lost. to December 13, 1917, patents or patent certificates have issued under the homestead laws or preemption laws for land within the limits of a tract known as Baca Float Numbered Three, in the State of Arizona, and the patentees, their assigns, and legal representatives have been evicted by the local courts by reason of the prior grant to the legal representative of Luis Maria Baca, the patentee, his assigns or his legal representative, who under the laws and regulations would have been entitled to the return of the purchase money, fees, and commissions, shall be entitled to select in lieu thereof not exceeding twice the area of the lands lost, of any nonmineral unoccupied surveyed public lands in the State of Arizona subject to homestead entry.
Sec. 2. That where any person had made homestead entry forHomestead entrymen evicted or prevented from making final entry by prior grant, may make second entry of twice original area. land within Baca Float Numbered Three, and had fully complied with the homestead laws thereon as to residence and cultivation prior to June 22, 1914, in the bona fide belief that the land was public land, and has been evicted therefrom or prevented from making final entry by reason of the prior grant, said homestead entryman, or, in the case of his or her death, the successor to the right of entry under the homestead laws shall be permitted to make second home-stead entry for other land situate in the State of Arizona and not exceeding twice the area of the original homestead entry lost as herein set forth, subject to the conditions, limitations, and benefits of the homestead laws applicable to such land; and upon submissionPatent, etc., to issue without further residence, etc. of proof under his original entry that he had fully complied with the law as to residence and cultivation, shall on approval of such proof and payment at the office of second entry for the final fees and commissions due on a final entry for the land entered, receive a final certificate and patent without further residence and cultivation of the land embraced in the second entry. 108 Sec. 3.
Rights not assignable. That the right of selection and second entry hereby granted shall not be assignable, directly or through irrevocable power of Selection to be made within three years.attorney, and must be exercised within three years after the passage of this Act by the persons entitled to such relief, or, in the case of the death of a homestead entryman who has not submitted final proof and received his final certificate, by the person or persons *Provisos.* Sales, etc., since December 13, 1917, not recognized.
Proof required of applicant that selection is for exclusive personal use, etc.succeeding to his right of entry under the homestead laws: *Provided*, That no persons acquiring said land by sale or conveyance subsequent to December 13, 1917, shall be recognized, and the applicant submit proof that he has not sold, assigned, nor relinquished his homestead nor entered into any contract or agreement to sell, assign, or relinquish the same, nor abandoned the land for a valuable consideration; also that the land sought to be selected is for applicant’s own exclusive use and benefit, and that he has not sold or contracted to sell, directly or indirectly, said selected land:
Regulations, etc., to be prescribed.*And provided further*, That the entire right of reselection under each entry shall be exercised at the same time, under such rules and regulations as the Secretary of the Interior may prescribe and on approval of the selection patent shall issue as on other entries. Approved, July 5, 1921.