Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1917-01-11
The New $40 Homestead Law

M%# &~ ~
AN ACT To provide for stockraising homesteads, and for other
purposes.
Be i enacted by the senate and House Of Re e%sa ai as Of the the
the massage Of this Act it shall be lawful for any person qualified to
make entry under the homestead laws of the United State to make a
stock raising homestead entry for not exceeding SIX hund5ea and rory
acres Of unappropriated unreseryed public land in reasonably asn a oomRRactI
1 haSs 'ssa 'sS's1''s' :, 'S ''e's' : :"
application or otherwise, to designate as stock-rasing lands subject to
entry under this Act lands the surface Of which IS in his. his opinion n chiefly
valuable for grazing forage crops, do not contain merchanfaele nfnper,
are not susceptible of irrigation from any known source OF water supply
ably required for the support Of a family: Crowded, That where any
person qualified to make original or additional entry under me Prov
lie land which has not been designated as subject to entry provided
s sfsds apR4 Of the applicant p iM1ag in duplicate ca s Showing p psina faeie that the land
applied for is of the character contemplated by this Act Att2, such l apphhea,
by the register and receiver of the land district in which said land Isl 10
t sa1ed i an fss SUSPENDED Iatsssr ub uaff IT s sidl Ia nav IS o actna 9S'e Of fhat character Dy sa as Tbat
during such suspension the land described in the application shall not
be disposed Of; and if the said land shall be DESIGNATED under this Act,
then such application shall be allowed; otherwise it shall be rejected,
subject to appeal; but no right to occupy such lands shall be acquired
stock raising lands.
under the homestead laws Of lands 50 designated by the Secretary Of
the Interior, according to legal subdivisions, in areas not exceeding six
to the provisions Of this Act, and secure title thereto by compliance with
ent ,se Of land nd 81 the hec Character described in Section taz two " hereof hereof shall miTI not a
be a bar to the entry of a tract within a radius OF twenty miles from
quIements of law as to residence and improvements, which, together
with the former entry shall not exceed six hundred and forty acres:
tguous areas Of the character herein described open to entry prior to
IN entry VI my unCOntguOuS land: PROVIDED FurtheT, InaC instead OF
cultivation as required by the homestead laws the entryman shall be
req red to o- make s permanent permanent + improvements en- ;ats. upon nth the Land land e entered sn be be.
Tor Or s TO purposes, Of the value Of not ties. less than sd.25 per acre,
land within three years after the date of entry thereof.
Sec. 4. That any homestead entryman of lands of the character
entry shall have the right to enter, subject to the provisions Of this Act,
such amount I'M aa Of contiguous lands DESIGNATED nate. for entry under the proyi-
original y lnal.e entry y,s exceed esdI SIX x hundred na!es and forty acres Isss and d. residence upon
must be made on the additional entry equal to Sl25 for each acre there
Cc < No careore pho hove e,hr,;ttaS G,l rroof n,, ~ ro
ceiyed patent for, lands of the character herein described under the
n mag, SUBJECT ssS to the aeq PROVISIONS y sna Of Z this isSl %et ap make ene addition "a s ssagHf for
and obtain patent to contiguous lands designated for entry under the
ed under the homestead law, shall not exceed six hundred and FORTY
acree, on proof of the expenditure required by this Act on account of
permanent improvements upon the additional entry.
Sec. That any person who is the head of a family, Of who has
s sa1iysd a & ths has age en Gf tHe en- yco os gs sgde an ID IS son eiassd Of an se a gnMa I'd
the passage of this Act, lands of the character described in this Act, the
able to exercise the right of additional entry herein conferred because
no lands subject to entry under this Act adjoin the tract so enteted or
may, upon submitting proof that he resides upon and has not sold the
cumbranees, rennquish or qee eu esG to ttheUnned Sta states esst the d land so So &c
cupded, entered, or acquired, and in lieu thereof, within the same land
Of the land subject to entry under this Act, but must show compliance
with all the provisions of this Act respecting the new entry and with all
the provisions of existing homestead laws except as modified herein.
Sec. Z. That the communication provisions Of the homestead laws shall
not apply to any entries made under this Act.
Sec. 8. That any homestead entrymen or patentees who shalt be en-
titled TO additional entry under this Act shall have, for ninety days after
the designation Of lands subject to entry under the provisions Of this Act
and contiguous to those entered or owned and occupied by him. the prefer
entail right to make additional entry as provided in this Act: Provided
OK patentees entitled to additional entries under this section are not sum
Client in area to enable such entrymen to secure by additional entry the
maximum amounts to which they are entitled, the Secretary of the Inter
Tor is authorized to make an equitable division of the lands among the
several entrynen or patentees, applying to exercise preferential rights, sucl
division to be in tracts Of not less than forty acres, n other legal subdivi
sion, and 50 made as to equaMze as nearly as possible the area which suc1
entrynen and patentees will acquire by adding the tracts embraced il
additional entries to the lands originally held OF owned by them: provd
cd further, That where but one such tract Of vacant land may adpin thu
lands Of two Of more entrymen o patenhes entitled to exercise preferential
right hereunder, the tract in question may be entered by the person VIII
1erenta right.
Sec. 8. That ali entries made and patents issued under the provi
Hi A0ns0 Of this Act shall he subject In and contain reservation To the limit
"a States all the coal and other minerals in the lands 50 entered AM
patented, together with the right to prospect for, mine, and remove tn
same. The coal and other mineral deposits in such lands shall be sub
let TO disposal by the United States in accordance with the provisions 0
the coal and mineral land laws In force at the time of such disposal. AM
person qualified to locate and enter the coal or other mineral deposits, 0
having the right to mine and remove the same under the laws OF the Unit