The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-08-21
tPUBLIC-No. 245.l
is. 2l55.l
An Act 70 Provide for An Enlarged
Homestead.

Be IL enacted by the Senate and
House OF Representatives Of the
United States of America In Con.
gress assembled, that amy person who
In a qualified entryman under the
homestead laws of the United States
may enter, by legal subdivisions, un.
der the provisions, Of this act, In the
States OF Colorado, Montana, Nevada.
Oregon, Utah, Washington aud Wyo.
ming, aud the territories Of Arizona
and New Mexico, three hundred aud
twenty acres, or less, OF nOnmineral,
nonirrigable, unrcserved aud unapprO.
priated surveyed public lands which
do not contain m~erchantable timber,
located In n reasonable compact body,
and not over one and one half miles
ia extreme length: Provided, That
no lands shall Ice subject 10 entry un.
der the prov isiHhs OF this net until
such lands shall have been designated
by the Secretary Of the Interior N
not being, In his opinion, susceptible
irrigation at n reasonable cost from
any known source water supply.
Sec. 2. That any person applying
TO enter land under the provisions uf
this net shall make and subscribe be.
fore the proper officer an affidavit as
required by section twenty-five hun.
bred aud ninety VI the Revised Stat.
utes, aud addition thereto shall make
affidavit that the land sought TO be
entered In Of the character described
In section one of this act, and shall
pay the fees nov required to be paid
under the homestead laws.
See. 3. That any homestead entry.
man of lands Of the character herein
described, upon which final proof has
| not been made, shall have the right to
enter public lands, subject to the pro.
visions Of this net, contiguous To his
| former entry which shall not, together
with the original entry, exceed three
hundred aud twenty acres, aud resi-.
dence upon and cultivation Of the
| original entry shall be deemed as resi-.
| dence upon aud cultivation Of the ad.
d%itional entry.
See. T.. That at the time Of making
final proof as provided In section
twenty. two hundred and ninety.0ne Of
the Revised Statutes the eDtryman M.
der this act shall, In addition to tho
proof and affidavit required under the
said section, prove by two credible
witnesses that at least one eighth Of
the area embraced In his entry WIS
continuously cultivated To agricultur.
al crops other than native grasses be-.
ginning with the second year Of tho
entry, aud at least one. fourth Of tho
area embraced Ia the entry was M
continuously cultivated beginning with
the third year Of the entry.
Sec. .. That nothing herein eob.
tanned shall he held To effect the right
Of u qualified entTyman to make home
stead entry In the States named In
section one of this act under the prO.
visions Of section twenty two hundred
aud eighty nine Of the Revised Stat
uteH, but M person who has made en-
try under this net shall be entitled to
make homestead entry under the pro.
visions Of said section, and no entry
made under this act shall loo cOmmut.
ed.
Sec. O. That whenever the Secrs.
tary Of the Interior shall find that
any tract Of land, In the State Of
Utah, subject to entry under this act,
do not have upon them such u sunici.
ent supply of water suitable for do.
nestle purposes IAN would make con.
t%inuous residence upon the lands pos.
Sible, he may, Ia his discretion, des.
ignato such tracts Of land, not to eI.
uoIuHm oAl oluSoIs5a oVl ~ pso1
acres, aud thereafter they shall bo
subject to entry under this act with.
out the necessity Of residence: Pro.
vidsd, That In such event the entry.
man on any such entry shall In good
faith cultivate not less han one eighth
Of the entire area OF the entry during
the second year, one. fourth during the
third yoar, and ono. half during the
fourth aud Afth years after the date
of such entry, M that after entry
and until final proof the entryman
shall reside within such distance Of
said land AS will enable him success
fully TO farm the same M required by
this section. y
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