El Nuevo mexicano., 1916-07-27

a.. II, Is not necessary thnt any of
the land be designated under the en-.
larged homestead act when the applI.
cation for additional entry is filed.
The applicant must state that both
tracts have been SO designated, or he
must file petition for designation Of
the undesignated lands, as provided
by the act of March A, 1915, cas- stat,
1852, and separate petitions. must be
filed for the different tracts If both
be undesignated. These will be for
warded by the local officers, as direct
led by the regulations under said act.
Where an original tract. outside Of
the land district. Is said to have been
designated you will at once make in.
quiry Of the proper office. II the re-
Spouse be satisfactory, action will be
taken accordingly; but, II part or all
Of the original tract appears not to
have been designated, the applicant
will be allowed 30 days within which
to fine a petition for its designation.
5. On the notice of allowance Of
an application, and on the application
itself, you will stamp, This addition
al entry is within 20 miles Of the orig
inal," or that 1t is not, as the fact
may be. To ascertain whether two
tracts are within 20 miles of each
other, the shortest distance in a
straight line between the nearest
points will be considered az eontroll-
ing.
g.. There must be shown in proof
on the entry the usual residence and
cultivation and the existence OF a
habitable house upon the land enter
ed, exception to these rules being
made only where said tract is within
20 miles of that embraced in the
original entry and the entryman is re-
siding on the latter, In that eevnt
the homesteader need not reside on
the additional entry nor have a habit
able house thereon, if he owns and re.
sides upon the original tract when
applying for said entry, and continues
both ownership and residence until
submission Of proof.
In the proof, to be submitted within
five year after the date of the addi-
tional entry, there must be shown
residence on the additional tractor
on the original, If permitted under
the 20-mile exception above explained
for not less than three years, sub
ject to the privilege Of being absent
five months in each year, as provided
by the three-year homestead act; also
cultivation Of not less than one-six-
teenth Of the additional tract during
the second year after the date Of the
entry and of not less than one-eighth
of its area during the third year and
until submission Of proof. Credit for
military service will be allowed as In
other cases.
Z. AS in other cases, a petition for
designation, filed in connection with
an entry under this act, must consist
of an affidavit-executed in duplicate
by the applicant and at least two wit
nesses-setting forth a description
by legal subdivisions of all the land
involved, its character, and the condi-
tions governing the irrigability of
both tracts.
II any part or parts thereof are ir-
them location, area, source of
water supply. and other pertinent
should be stated. If any part
or parts thereof are under construct
ed or proposed irrigation bitches or
or adjacent thereto, the rela-
ton of the lands to same and the rea-
sons for applicants belief that the
lands are not irrigable therefrom
should be explained. The relation
Of the tract to surface streams or
springs rising on or flowing across
them or in their vicinity should be in
Dictated. If such sources of water sup
ply are inadequate for the irrigation
Of the applicants lands, or are not
available to him, full particulars
be given. The location and
depth Of wells, elevation Of water
plane relative to the surface, and
other pertinent facts which will dis
close the quantity and quality of the
water supply, ~obtainable from either
ordinary or artesian wells on the land,
be given. II there are no wells
thereon such information should be
furnished as to any other wells in that
vicinity, and the possibility of irrigat-
ing the tract involved from under
sources should be fully dis
,ussed. If any attempts havoc been
made to irrigate and reclaim the tract, /
if 1t has been included in a desert
and entry, the reasons for lack Of sue 4
should be stated. The petition !
be supplemented by a map or
diagram in cases where the facts may {
advantageously presented thereby. :
Where the geological survey advises :
his office that it is unable to classify
he land, or some part thereof, as sub
ect to designation, this office win, :
through the proper local land office, !:
urnish the applicant with a copy Of l
he surveys report, and will allow :
80 days within which to file re- :
At the applicants option he !
nay either appeal from the findings =
o the secretary of the interior, al
eging errors Of law, or he may pre- d
ent further showing as to the facts, i
accompanied by such evidence as is a
lesired, tending to d%isproye the ad- /
conclusion reached by the sur Il
-ey. Such appeal or response, If
lied, will be forwarded by you to this g
flee, whence it will be transmitted
o the geological survey for further E
consideration. That bureau will con- q
ider the evidence submitted and, il it n
larrants such action, will recommend y
of the land; or If its on y
fusion be still adverse, will transmit y
he record to the secretary with re- =
ort.. The case will thereafter be con- !,
idered as having the status of an APP
cal pending before the secretary's Z
ffice. In cases where the applicant
flo a. f,--t-L .L1~~tt-~ - F.