The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-05


since August 80, 1890. any other
lands which, with the lands applied
for, would amount in the aggregate
to more than 500 acres. See, how
ever, modification hereof in regula-
ton of enlarged homestead entries
under the act of February 10, 1903
(par. 52).
z. A married woman who has
all of the other qualifications of
homesteader, may make homestead
entry under any one OF the following
conditions:
(a) Where she has been actually
deserted by her husband.
CD Where her husband is inca
pacitated by disease or otherwise
from earning a support for his fam
lily and the wife is really the head
and main support of the family.
(c) Where the husband is confined
in a penitentiary and she is actual
ly the head of a family.
ca Where the married woman is
who dies before making entry.
(e) Where married woman
made Improvements and resided on
the lands applied for before her
marriage, she may enter them after
marriage if her husband is not hold
ing other lands under unprotected
plies to make entry.
s. If an entryman deserts his
wife and abandons the land cove.ec
by his entry, his wife then has the
exclusive right to contest the entry
if she has continued to reside on
the land, and on securing it's can
collation. she may enter the land in
her own right, or she may continue
her residence and make proof in
che name of her husband, and patent
will issue to him.
8. If an entryman deserts his
minor children and abandons his en-
try after the death of his wife, the
children have the same rights the
wife could have exercised had she
been deserted during her lifetime.
10. The marriage of the entry
woman after making entry will not
defeat her right to acquire title if
she continues to reside upon the
land and otherwise comply with the
law. A husband and wife can not.
however maintain separate residenc-
es on homestead entries held by
each of them if at the time of mar
rage, they are each holding an un-
perfected entry on which they must
reside in order to acquire title, they
can not hold both entries. In such
case they may elect which entry
they will retain, and relinquish the
other.
II. A widow, If otherwise quail
fled, may make a homestead entry
notwithstanding the fact that her
husband made an entry, and not
withstanding she may be at the time
claiming the unprotected entry of
her deceased husband.
IL. A person serving in the army
or navy of the United States may
make homestead entry if some 9TH
er member of his family is residing
on the lands applied for, and the ap-
plication accompanying affidavits
may be executed before the officer
commanding the branch of service
in which he is engaged.
13. Second homestead entries may
be made by the following classes Of
persons, if they are otherwise quail
fled to make entry:
(a) By a former entryman who
committed his entry prior to June 5,
1900
(b) By a homestead entryman
who, prior to May II, 1900, paid
for lands to which he would have
been afterwards entitled to receive
patent without payment, under the
"free homes act" (Appendix No.
|3.)
Co By any person who for any
cause lost, forfeited or abandoned
his homestead entry before Febru-
airy 8, 19O8,, if the former entry was
not cancelled for fraud or relinquish-
ed for valuable consideration.
Where an entryman sells his i'm
provements on the land and relin-
quishes his entry in connection there
with, or If he receives the amount
of his filing fees or any other
amount, it is held that he relinquish-
es for valuable consideration.
CD By persons whose original en-
tries have failed because of the dis
covery subsequent to entry of OBJ
stacles which could not have been
foreseen and which render it i'm
practicable to cultivate the land, or
because, subsequent to entry, the.
1o~d l,oooro uco1oca co., ~, 80