right by virtue of this section: And provided further, That this section shall not apply to any city lot, town lot, village lot, farm lot, or pasture lot held under a grant from any corporation or town the claim to which may fall within the provisions of section eleven of this act. Where town. possession for 20 SEC. 17. That in the case of townships heretofore sur- ship surveys alveyed in the Territories of New Mexico, Arizona, and ready made. Utah, and the States of Colorado, Nevada, and Wyoming, all persons who, or whose ancestors, grantors, or Citizens in contheir lawful successors in title or possession, became citi- tinuous adverse zens of the United States by reason of the treaty of Guada- years may enter lupe-Hidalgo, and who have been in the actual continu- without payment ous adverse possession and residence thereon of tracts of not to exceed one hundred and sixty acres each, for twenty years next preceding such survey, shall be entitled, upon making proof of such facts to the satisfaction of the register and receiver of the proper land district, and of the Commissioner of the General Land Office upon such investigation as is provided for in section sixteen of this act, to enter without payment of purchase money, fees, or commissions, such legal subdivisions, not exceeding one hundred and sixty acres, as shall include their said possessions: Provided, however, That no person shall Limit. be entitled to enter more than one such tract, in his own right, under the provisions of this section. Filing of claims possession. Time limit. under adverse Not to be ad SEC. 18. That all claims arising under either of the two next preceding sections of this act shall be filed with the surveyor-general of the proper State or Territory within two years next after the passage of this act, and no claim not so filed shall be valid. And the class of cases provided for in said two next preceding sections shall not be Court of Private considered or adjudicated by the court created by this act, and no tract of such land shall be subject to entry try. under the land laws of the United States. By the act of February 26, 1909 (35 Stat., 655) section eighteen of the above act was amended as follows: judicated Land Claims. Lands by ex cluded from en "That all claims arising under either of the two next Time limit. preceding sections of this act shall be filed with the surveyor-general of the proper State or Territory before the fourth day of March, nineteen hundred and ten, and no claim not so filed shall be valid." Provided, That the extension herein granted shall not Restriction. apply to lands within the limits of a confirmed grant or embraced in any entry completed under the public land laws prior to filing of a claim hereunder, nor shall its provision extend to persons holding under assignments made after March third, nineteen hundred and one. SOLDIERS' ADDITIONAL HOMESTEADS. Revised Statutes, Secs. 2306-2307.-Persons who have had at Act of August 18, 1894 (28 Stat., 397).—Soldier's additional cer- Page. 314 314 315 Persons who have entered less rights of. 8., 333. UNITED STATES REVISED STATUTES. 2 SEC. 2306. Every person entitled, under the provisions than 160 acres, of section twenty-three hundred and four, to enter a June 8, 1872, 17 homestead who may have heretofore entered, under the homestead laws, a quantity of land less than one hundred and sixty acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres. Widow and SEC. 2307. In case of the death of any person who persons entitled would be entitled to a homestead under the provisions to homestead, etc. of section two thousand three hundred and four, his minor children of Ibid. Perfecting titles under soldiers' steads. widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvement therein contained; but if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. Extract from the sundry civil appropriation act, approved March 3, 1893 (27 Stat., 593). And provided further, That where soldier's additional additional home- homestead entries have been made or initiated upon certificate of the Commissioner of the General Land Office of the right to make such entry, and there is no adverse claimant, and such certificate is found erroneous or 1 For Sec. 2304, see page 80. June 22, 1874, date of approval of the United States Revised Statutes. invalid for any cause, the purchaser thereunder, on making proof of such purchase, may perfect his title by payment of the Government price for the land; but no person shall be permitted to acquire more than one hundred and sixty acres of public land through the location of any such certificate. Extract from the sundry civil appropriation act, approved August 18, 1894 (28 Stat., 397). Maximum. cates sold de That all soldiers' additional homestead certificates Soldiers certifi heretofore issued under the rules and regulations of the clared valid. General Land Office under section twenty-three hundred and six of the Revised Statutes of the United States, or in pursuance of the decisions or instructions of the Secretary of the Interior, of date March tenth, eighteen hundred and seventy-seven, or any subsequent decisions or instructions of the Secretary of the Interior or the Commissioner of the General Land Office, shall be, and are hereby, declared to be valid, notwithstanding any attempted sale or transfer thereof; and where such certificates have been or may hereafter be sold or transferred, such sale or transfer shall not be regarded as invalidating the right, but the same shall be good and valid in the hands of bona fide purchasers for value; and all entries heretofore or hereafter made with such certificates by such purchasers shall be approved, and patent shall issue in the name of the assignees. |