Arizona republican., 1904-06-19
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to or relinauiah his entry for a valuable.


 consideration.
 When such application is presented you will make proper notations on your records and transmit all papers for action by the commissioner of the gen. eral land office. You should accompany each application with your report and recommendation in tEe premises.
 "The second section is substantially a re-enactment of section of the act of March 1889 (25 Stat. l, S54), only madified so as to apply for entries for less than 160 acres each made after the date of the act (April 2S, 190D, as we'll as those made before. and pro- vides for an additional entry of land which shall be contiguous to the land embraced in the original entry for which the final proof Of residence and cultivation made on the original entry shall be sufficient but of which no party shall have the benefit who does not at the date of his application there- for own and occupy the land covered by the original entry and which shall not | be permitted. and if permitted shall be cancelled if the original entrS should fail for any reason prior to patent or should appear to be illegal or fraudu lent. Applicants for additional entry | under this section will be required to l produce evidence that they own and oc- cupy the land embraced in their orig inal entries 10 be properly described by legal subdivisions and by reference to the number and date of the original | entry, and the evidence to consist of their own affidavits corroborated by the affidavits of disinterested witnesses, executed before any officer authorized to administer paths in such cases in the county or parish. or land district in l which the land is situated, under ssc- tion 2294 U. s. R. s. as amended by the act of March 4, 1904 Tn addition to this the proper homestead application and | affidavit must be filed, which may be on the forms prescribed under the act of March 3, 1879, properly modified by
 you so as to show the section and act under which the application is made, | and the affidavit modified by striking
 out the portion which refers to military
 services which is not required under this act.
 .'Section prohibits the commuta tion
 under the provisions of section 23Ol. re-
 vised statutes. of an entry made under
 this act. You will be careful to refuse n all applications made 10 commute such entries
 The instructions are accompanied by
 copy of the law providing for the second ard additional entries, as fol-
 lows:
 Be it enacted by the senate and house of representatives of the United
 States of America in congress assem-
 bled, That any person who has hereto fore made entry under the homestead laws, but who shall show to the satis-
 faction of the commissioner of the Gen. eral land office that he was unable to perfect the entry on account of some II unavoidable complication of his person | al or business affairs, or on account Of an honest mistake as to the character | of the land; that he made a bona fid5
 effort to comply with the homestead | law and that he did not relinqu!sh h.s
 entry or abandon his claim for a con
 sideration, shall be entitled to the ben
 eft of the homestead laws as though
 such former entry had not been made Sec ?. That any homestead settler | who has heretofore entered, or may
 hereafter enter, less than a quarter sec
 ton of land, may enter other and addi tional land lying contiguous to the orig | inal entry which shall not, with thu T land first entered and occupied, excee' in the aggregate 160 acres, withou | proof of residence upon and cultivation | of the additional entry; and if fina . | proof of settlement and cultivation ha
 been made for the original entry whel
 the additional entry IS made, then tn
 patent shall issue without furthe
 proof: provided, that this section sha'
 not apply to or for the benefit of an. f person who does not own and occup.
 the lands covered by the original en
 try: and provided, that if the origina = entry should fail for any reason pro
 to patent, or should appear to be illega e or fraudulent, the additional entry shaI B. not be permitted. or. if having been ini T tiated, shall be canceled.
 o Sec 8. That communication unde Il the provisions of section 230l of the re
 yised statutes shall not be allowed c
 an antry made under this act.