, 1891-03-07

fGtSA9 VI A6W 81 A1pSeA1NN "ef " pSA
fected upon due compliance with law in
the same manner. upon the same terms
and conditions, and subject to the same
limitations, forfeitures, and contests, as If
this act had not been passed.
Sec. 5, That sections 22S9 and 1920,
in said chapter numbered 5 of the Re
vised Statutes, be, and the same are here
by amended, so that they shall read as
follows:
Sec. 2289. Every person who is the
head OF a family. or who has arrived at
the age OF 81 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 unappropTiated public
lands, to DO located in a body in conform
Ity to the legal Subdivisions of the public
lands; but no person WHO'S the proprietor
OF more than 100 acres of land in any
state or territory shall acquire any right
under the homestead law. And every
person owning and residing on land may,
under the provisions 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 ag-
gregate l6O acres.
Sec. 1920. That any person apply
ing to enter land under the preceding sec
ton shall first make and subscribe before
the proper officer and file in the proper
land office an affidavit that he or she is
the head of a family, or is over twenty
one years of age. and that such applica-
ton is honestly aud in good faith made
for the purpose of actual settlement and
cultivation, and not for the benefit OF any
other person, persons or corporation, and
that he or she will faithfully and honestly
endeavor to comply with all the require.
ments Of law as to settlement, resi- ieuce
and cultivation necessary to acquire title
to the land applied for; that he or she is
not acting as agent OF any person, corpo-
ration or syndicate in making such entry,
nor in collision with any person, corpora.
ton or syndicate to give them the benefit
of the land entered, or any part thereof,
or the timber thereon; that he or she does
not apply to enter the same for the pur-
pose of speculation, but in good faith to
obtain a home for himself or herself, and
that he or she has not directly or indi-
rectly made, and will not make, any
agreement or contract 10 any way or
manner, with any person or persons, cor
poration or syndicate whatsoever, by which
the title which he or she might acquire
from the government of the United States
should inure, in whole or in part, to the
benefit OF any person, except himself or
herself; and upon filing such affidavit with
the register or receiver on payment of IS
when the entry is for not more than eighty
acres, and on payment of $40 when the
entry is for more than eighty acres, he or
she shall thereuDon be permitted to enter
the amount OF land specified.
Sections II, -, 10, IA and Is refer ex-
clusively to the public lands in Alaska.
Sec. l6. That t1wn-site entries may
be made by Incorporated towns and cities
on the mineral lands OF the United States,
but no title shall tie acquired by any such
towns or cities to any vein of gold. silver,
%cinnabar, copper or lead, or to any valid
mining claim or possession held under ex-
listing law. When mineral veins are pos
sessed within the limits OF an incorpor-
atnA fnupn ~ aatr ,,I .,.l accommodates
recognized by local authority or by the
laws of the United States, the title of
town lots shall be subject to such recoG-
nized possession aud the necessary use
thereof, and when the entry has been
made or patent issued for such town-sitcs
to such incorporated town or city, the
possessor OF such mineral vein may enter
and receive patent for such mineral vein
and the surface ground appertaIning
thereto: Provided. That no entry shall be
made BY such mineral vein claimant for
surface ground where the owner and oc-
cupier of the surface ground shall have
had possession of the same before the in
ception OF the title of the mineral vein
applicant.
Sec. II. That reservoir sites located
or selected and to be located and selected
under the pr visions Of an act making
appropriations for sundry civil
Of the government for the fiscal year end
ing June 30, 1889, and for other purposes,
and amendments thereto shall be re-