Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1891-04-16


fected and patented under the provis-
ions of said act, as amended by this
act. so far rs applicable; and all acts
and parts of acts in conflict with this
act are hereby repealed.
..Sec. z. That any time after filing |
the declaration. and within the period |
of four years thereafter, upon making |
satisfactory proof to the register and
the receiver of tie reclamation and |
cultivation of said land to the extent
and cost and in the manner aforesaid,
and substantially in accordance with
the plans herein provided for, and that
he or she is citizen OF the United
States. and upon payment to the re-
ceiver of the additional sum OF 81 per
acre of said land, a patent shall issue
therefor to the applicant or his as
signs; but no person or association OF
persons shall hold by assignment or
otherwise, prior to the issue OF patent
more than $50 acres OF such arid or
desert lands. but this section shall not
apply to entries made or initiated prior
to the approval OF this act: Provided,
however. That additional proofs may
be required at any time within the pc
riod prescribed by law, and that the
claims or entries made under this or
any preceding act shall be subject to
contests, as provided by the law relat-
ing to homestead cases. for illegal in
ception, abandonment or failure to
comply with the requirements 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. 8. That the provisions of the
act to which this is an amendment and
the amendments thereto shall apply to
and be in force in the State OF Colora-
do, as we'll as the states named in the
original act; and no person shall be
entitled to make entry OF desert land
except he be a resident citizen of the
state or territory in which the land
sought to be entered is located
Sec. 3. That section 22SS OF the Re-
vised statutes be amended so as TO read
as follows:
Sec. 22SS. Any bona fide settler
under the presumption, homestead, or
other settlement law shall have the
|
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 purposes
shall in no way vitiate the right to
complete and perfect the title of his
claim.
Sec. 4. That chapter 4 of title
1886 of the revised statutes of the
United States, and all other laws al
lowing pre-emption OF the public lands
of the United States, are hereby re.
pealed, but all bona tide claims lawful.
ly initiated before the passage of this
act under any of said provisions o.
law SO repealed, may be perfected upon
due compliance with law in the same
manager, upon the same terms and con.
ditions. and subject to the same limita
, tions, forfeitures. and contests, as il
this act had not been passed.
Sec. 5. That sections 22S9 and 2290,
, in said chapter numbered of the re
viscd 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 il
. a citizen OF the United States, or VIII,
! has fled his declaration OF intention Il
= become such. as required by the ma
turalization laws shall be entitled t,
= enter one quarter-section, or a les
quantity, of unappropriated publi
. lands. to be located in a body in con
formity to the legal subdivisions OF tn
public lands; but no person who is tn
;; proprietor of more than 100 acres o
land in any state or territory shall &C
:, quire any right under the homestea
law. And every person owning and re
siding on land may. under the provi
sions OF this section, enter other Ian
!. lying contiguous to his land, whic
shall not with the land so alread
; owned and occupied, exceed in the ag
i gregate 100 acres.
j. Sec. 2290. That any person apply
:. ing to enter land under the preceding
n section shall first make and subscrib
# before the proper officer and file in tn
n proper land Office an affidavit that h
q or she is the head OF family. or
4 over twenty-one years OF age, and tina
v such application is honestly and in goo
n faith made for the purpose Of actua
i. settlement and cultivation, and not fo
d the benefit of any other person, pei
> sons, or corporation, and that he @
IT. she will faithfully and honestly er
r. deavor 10 comply with all the require
"a ments of law as to settlement res
~ dence, and cultivation necessary to u.
. quire title to the land applied for; tina
# he or she is not acting as agent of an
h person, corporation, or syndicate
IL making such entry. nor in collusio
4 with any person, corporation, or synd
10 cate to give them the benefit Of tn
,e land entered, or any part thereof, {
a. the timber thereon; that he or sh
lie does not apply to enter the same fl
" the purpose OF speculation, but in GOO