Page:United States Statutes at Large Volume 35 Part 1.djvu/485

SIXTIETH CONGRESS. Sess. I. Ch. 220. 1908. 467 U said homestead entry. which shall not, with the land so alreadv entered, owned, and occupied, exceed in the aggregate six hundred and fortv acres; and residence continued and improvements made upon the origi- assesses, em., on nal homestead, subsequent to the makin of the additional entry, shall SE15ft5th_ h°m°°t°°d be accepted as equivalent to actual residence and improvements made Vol. ss, p. 548. upon the additional land so entered, but final entry shall not be allowed °"°`°"d°d‘ of such additional land until five years after first entering the same, · except in favor of entrymen entitled to `credit for military service." Sec. 8. That such portions of the lands of the abandoned Fort F<>$¤M¢P1wrq¤n Mil- Sheridan Military Reservation, and of the abandoned Fort McPherson ufl ii€§l°{,{°tL°§'l;mpt Military Reservation which were added to the ori inal Fort McPher- "°’““PP"“'°d'”l“°’· son Military Reservation by Executive order dateid April nineteenth, eighteen hundred and seventy-eight, title to which remains in the Government and have become subject to homestead entry, be, and the same are hereby, exempged from the payment of the appraised values imposed by the Act of ngress approved July fifth, eighteen hundred ***1- **-*4*- 1*- ' an eighty-four, and this provisionshall include existing unperfected entries. Sec. 9. That no final certificate issued u n proof offered under the ,_§§,‘:,‘*“°*?°‘* °°m¤*“· commutation provisions of the homestead lfws prior to the passage of Nor ¤¤¤ce1¤d_c¤ this Act shall be canceled solely upon the ground of insufficient resi- fgihggclg i°"°°‘°“* dence in any case where such proof shows that the entryman had in R°‘1“i'°'¤°¤°¤· good faith resided upon and improved the lands covered by his entry or at least eight months within the year immediately preceding the submission of such proof, and in all such cases where the final certi- *j,°,,*Lj'*°°*°°° ficate has been canceled because of insufficient residence such certificate Excepmlu ` shall, upon application made therefor by the entryman, his heirs or ` assigns, withm one year from the passage of this Act, be reinstated and confirmed if no fraud was practiced by the entryman and no valid adverse rights have attached to the land affected thereby at the date of the tiling of such ap lication. Sec. 10. That no homestead entry heretofore made under the pro- ,,§°,°,§“,§‘,{}‘,§E,‘§,‘_ ”°‘“°‘ visionsof section two of the Act of Congress entitled "An Act for the ¤¤¤ *0 M relief of the Colorado Cooperative Colony, to permit homestead entries ` in certain cases, and for other purposes," approved June fifth, nineteen hundred, shall be canceled for the reason that the former entry v¤1.ai,;..zss. made by the entryman was commuted under the rovisions of an Act entitled "An Act relating to the public lands ofp the United States," V°'·*‘- ¤··*’=*"- approved June fifteenth, eighteen hundred and eighty (Twenty-first Statutes, pa e two hundred and thirty-seven). And all entries here- ,.,,’,f§f§§§"§§§'{‘,§§§_ °' tofore canceled on the ground that an entryman who commuted under the provisions of said Act of June fifteenth. eighteen hundred and eighty, is not entitled to the benefits of the Acto June fifth, nineteen hundred, shall be reinstated upon a showing by the entryman or his heirs, within one year from the alpproval of this Act, that there were no valid grounds for the cancel ation of such entries except that a former entry was perfected under the Act of June fifteenth, eighteen hundred and eighty, in all cases where valid adverse rights have not attached to theglands covered by such second entries since the date of their cancellation. _ Sec. 11. That all the provisions of the mining laws of the United M§,l§E°" “°"‘ ““°’· States are hereby extended and made applicable to the undisposed-of teiisgdmgo mnug lands in the Bitter Root Valley, State of Montana, above the mouth posed-oflands in. of the Lo Lo Fork of the Bitter Root River, designated in the Act of v°l‘ V pl"' June fifth, eighteen hundred and seventy-two: I’rom'ded, That all f;',§’,§‘§{,,j,,g 1,,,,,, mining locations and entries heretofore made or attempted to be made *i¤¤¤· ew upon said lands shall be determined by the Department of the Interior as if said lands had been subject to mineral ocation and entry at the time such locations and entries were made or attempted to be made: . And provided jin·the1·, That this Act shall not be applicable to lands Exception. withdrawn for administration sites for use of the Forest Service.