854 FIFTIETH CONGRESS. Sess. II. Ch. 381. 1889, March 2. 1889· CHAP. 381.-An act to withdraw certain public lands from private entry, and ""_'_’_"_“`— for other purposes. Be it enacted by the Senate and House of Representatives of the §’,g‘g}jg!L¤v¤y;{· from United States of America in Congress assembled, That from and param entry. after the passage of this act no public lands of the United States, ex- M’“°“" ""°°P°°d· ce t those in the State of Missouri shall be subject to private entry, Perf¤¢¤¤¤ of me- §EC. 2. That any person who has not heretofore perfected title to a tract of land of which he has made entry under the homestead law, may make a homestead entry of not exceeding one-quarter section of ` public land subject to such entry, such previous filing or entry to the contrary notwithstanding; but this right shall not apply to persons who perfect title to lands under the pre-emption or homestead laws gggso, m alrea y initiated; Provided, That al_ pre-emption settlers upon the my c§,°,?§°€0Si0§I; public lands whose claims have been initiate prior to the passage of ¤°°d°¤°*'Y- this act may change such entries to homestead entries and proceed to ‘ perfect their titles to their respective claims under the homestead law notwithstanding they may have heretofore had the benefit of such law, but such settlers who perfect title to such claims under the homestead law shall not thereafter be entitled to enter other lands ‘ under the pre-emption or homestead laws of the United States. m}c·$)Q1;{g{*;‘:g¤¤¤g $1 Sec. 3. That w enever it shall be made to appear to the register mg,e¤q psand receiver of any public land office, under suc regulations as the Secretary of the Interior may prescribe, that any settler upon the public domain under existing law is unable by reason of a total or partial destruction or failure of crops, sickness, or other unavoidable casualty, to secure a support for himself, herself, or those dependent upon him or her upon the lands settled upon, then such register and receiver may grant to such settler a leave of absence from the claim upon which he or she has filed for a period not exceeding one year at any one time, and such settler so granted leave of absence shall MM- forfeit no rights by reason of such absence: Provided, That the time Absence of such actual absence shall not be deducted from the actual residence reeéuired by law. rms or rammed E0. 4. hat the price of all sections and parts of sections of the "“‘1'°“d1"‘“°*‘ public lands within the limits of the portions of the several grants of lands to aid in the construction of rail roads which have been here- ' tofore and which may hereafter be forfeited, which were by the act making such grants or have since been increased to the double minimum price, and, also, of all lands within the limits of any such railroad grant, but not embraced in such grant lying adjacent to and coterminous with the ortions of the line of any such railroad which shall not be completedp at the date of this act, is hereby fixed at one dollar and twenty-five cents per acre. mTg_¤;1¤¤g:Q)Q\;¤ T3; Sec. 5. That any homestead settler who has heretofore entered less — ner-section. q than one-quarter section of land may enter other and additional land lying contiguous to the original entry, which shall not, with the land first entered and occupied, exceed in the aggregate one hundred A,i.im0,m;p,-00; not and sixty acres without roof of residence upon and cultivation of
- ‘°¤“"“· the additional entry; and) if final proof of sett ement and cultivation
has been made for the ori 'nal entry, when the additional entry is rwvsro. made, then the patent Shadi issue without further roof : Provided. Appumbiememm That this section shall not apply to or for the beneht of any person °‘“’· who at the date of making application for entry hereunder does not own and occupy the lands covered by his original entry: And provided, That if the original entry should fail for any reason, irior to ro an is Origami, patent or should appear to be illegal or fraudulent, the additional °"°"‘s"°"’· entry shall not be permitted, or if having been initiated shall be canceled. Homestead semen;. Sec. 6. That every person entitled, under the provisions of the homestead laws, to enter a homestead, who has heretofore com lied with or who shall hereafter comply with the conditions of said iaws,
