Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1891-03-19
apply to entries made or iniated prior


prescribed by law, and that the claims
or entries made under this or any pre-
ceeding act shall be SUBJECT to contest
as provided by the law relating tC
homestead cases, for illegal inception
abandonment, or failure to comply
with the requir ements of law, and
upon satisfactory proof thereof shall
be Cancelled, and the lands, and moneys
paid therefor, shall be forfeited to the
United States.
SEC. =. That the provisions of the
act to which this act is an amendment
and the amendments thereto shall ap
ply to and be in force in tine State ol
Colorado, as well as the states named
in the original act: and no person shall
be entitled to make entry of desert
land except he be resident citizen ol
the state or territory in which the
land sought to be entered is located -
Sec. 3. That section 22SS of the Re
vised Statues be amended to read as
follows:
"Sec. 22SS. Any bona fide settler
under the pre-emption, homestead, OIL
other settlement law shall have the
right to transfer, by warranty against
his own acts. any portion of his claim
for church, cemetery, or school pur
poses, or for the right of way OF rail.
roads, canals, reservoirs, or bitches
for irrigation or drainage across it
and the transfer for such public pur'
poses shall in no way vitiate the right
tolcomplete and perfect the title OF his
claim.
Sec. 4. That chapter OF title XXXII
excepting sections 2215, 2276, 22S6 oi
the Revised Statutes of the United
States, and all others allowing pre-.
emption OF the public lands OF the
United States, are hereby repealed, but
all bona fide claims lawfully initiated
before the passage of this act, under
any OF said provisions OF law so re,
pealed, may be perfected upon due
compliance with law in the same man
ner, upon the same terms and condi-
tions, and subject to the same limita.
tions, forfeitures, and contests, as il
this law had not been passed.
Sec. 5. That. sections 22S9 and 229O,
in said chapter numbered OF the Re
vised Statutes, be and the same are
hereby, amended, so that they shall
read as follows:
"Sec. 22S9. Every person who is the
head of family, or who has arrived
at the age of twenty-one years, and Is
a citizen of the United States, or who
has filed his declaration of intention
to become such, as required by the
naturalization laws, shall be entitled
to enter one quarter-section or a less
quantity, of unappropriated public
lands, to be located in a body in con-
formity to the legal subdivisions of the
public lands; but no person whois the
proprietor of more than 16O acres OF
land in any state or territory shall ac-
quire any right under the homestead
law. And every person owning and re-
siding on land may, under the provis-
ions of this section, enter other land
lying contiguous to his land, which shall
not, with the land so already owned
and occupied, exceed in the aggregate
16O acres.
Sec. 1890. That any person apply
ing to enter land under the proceeding
section shall first make and prescribe
before the proper officer and file in tbs
proper land office an affidavit that he
or she is the head of a family, oris over
tweaty-one years of age, and that such
application is honestly and in good
faith made for the purpose OF actual
settlement and cultivation, and not
for the benefit ofany other person, per-
sons, or corporation, and that he or
she will faithfully and honestly endeav-
or to comply with all the requirements
of law as to settlement, residence, and
cultivation, necessary to acquire title
to the land applied for; that he or she
is not acting as agent OF any person,
corporation, or syndicate, in making
such entry, nor in collusion with any
person, corporation, or syndicate, to
give them the benefit OF the land en-
tered, or ony part thereof, or the tim
Der thereon; that he or she does not
apply to enter the land for the purpose
OF speculation, but in good faith to OBJ
tain home for himself or herself, an6
that he or she has not directly or indi
rectly made, and will not make, any
agreement or contract in any way oil
manner, with any person, or persons
corporation, or syndicate whatsoever
by which the title he or she might ac
auire from the government of tn,
United States should inure, in whole o.
in part, to the benefit OF any person
except himself or herself; and upon fill
ing such affidavit with the register ant
receiver on payment of $5 when the EN-
try is not more than so acres, and oil
payment of SO when the entry is 70
more than 80 acres, ne or she shall
thereupon be permitted to enter tn
amount of land specified"
Sec. @. That section 23O1 of the Re
vised Statutes be amended to read q
follows:
"Sec. 23O1. Nothing i'm this chapte
shall be so construed as to proven
any person who shall hereafter ava
himself of the benefits of section 22S
from paying the minimum price for tn
quantity of land so entered at any tim
after the expiration of fourteen caller
der months from the date of such Ell
try, and obtaining a patent therefor'
upon making proof OF settlement an
OF residence and cultivation for sue
period of fourteen months and tn
provisions of this section shall appl
to lands on the ceded portion of th
Sioux reservation, by act approve
March 2, 1889, in South Dakota, bu
shall not relieve said settlers from an
payments now required by law.
, Sec. z. That wheneverit it shall appes
to the Commissioner OF the Gener'
Land office that q clerical error hs
been committed in the entry of any
the public lands, such entry may
J suspended upon proper notification
the claimant, through the local Ian
Office, until the error has been co
rected; and all entries made under Il
pre-emption, homestead, desert-lan
or timber-culture laws, in which fin
t proof and payment may have bes
, made and certificates issued, and
E which there are no adverse claims ol
oinatino nrior to final entry and wbi,
? have been sold or encumbered prior
/ the first day of March, 1888, and aft
D final entry, to bona fide purchasers
Iincumbrancers, for a valuable consi
e GRAFTON shall, unless uponinvestigatit
f by a government agent fraud on {
g part of the purchaser has been foun
j be confirmed and patented upon pl
d sent alton of satisfactory proof to t