Page:United States Statutes at Large Volume 36 Part 1.djvu/469

SIXTY-FIRST CONGRESS. Srss. II. Ch. 258. 1910. 445 under any such certificate, lease, or agreement, continue so to hold or become entitled to a homestead lease or patent of the land, unless , he shall have become a citizen within five years after so taking. ' "No land for which any such certificate, lease, or agreement shall ,,,'§2§'§°‘§T ,.°§J§‘§",‘§.' hereafter be issued, or any part thereof or interest therein or control °"'°*°°· · thereof, shall, without the written consent of the commissioner and governor, thereafter, whether before or after a homestead lease or patent has been issued thereon, be or be contracted to bein any way, directly or indirectly, by process of law or otherwise, conveyed, . mortgaged, leased, or otherwise transferred to or acquired or held by Before issue 0, pw or for the benefit of any alien or co oration; or, before or after the enraerc. issuance of a homestead lease or bexfldre the issuance of a patent, to U I . or by or for the benefit of an other person; or, after the issuance m °m°”` of a patent, to or by or for the benefit of any erson who owns, holds, or controls, directly or indirectl , other land) or the use thereof the combined area of which and the land in uestion exceeds eighty acres: Provided That these prohibitions sha(il not apply to transfers fjlfggiglvthnccsr etc or acquisitions by inheritance or between tenants in common. ` ‘ ‘Any land in respect of which any of the foregoing provisions shall m};g¥¤i¤¤¢ *°* vi°l°·· be violated shall forthwith be forfeited and resume the status of public ` land and may be recovered by the Territory or its successors in an action of e`ectment or other appropriate proceeding. And noncompliance with the terms of any such certificate, lease, or agreement, or of the law applicable thereto, shall entitle the commissioner, with the approval of the governor before atent has been issued, with or without legal process, notice, demand; or previous entry, to retake possession and thereby. determine the estate: Provided, That the times §§'§,{',’;,,,, ,,mm,,_ limited for comp `ance with any such terms may be extended by the commissioner, with such approval, u on its appearing that an effort has been made in good faith to com Iiy therewith. "The persons entitled to take undier any such certificate, lease, or c“Q°°,.*;$,§;¤8° *° **°· agreement shall be determined by dra or lot, after public notice ` as hereinafter provided; and any ot not taiien, or taken and forfeited, or any lot or part thereof surrendered with the consent of the commissioner, which is hereby authorized, may be disposed of upon application at not less than the advertised price by any such certificate, lease, or agreement without further notice. he notice of any sale, drawing, or allotment of public land shall be by publication for a period of not less than sixty days in one or more newspapers of general circulation published in the Territory. "The commissioner, with the approval of the governor, may give ,,,§'f§§gf,°§{,‘}§_°° P"' to any citizen of the United States or to any person who has egally declared his intention to become a citizen, and who shall hereafter become such, which said person has, or who and whose predecessors in interest have, improved any parcel of public lands and resided thereon continuously since April thirtieth, nineteen hundred, a preference right to purchase so much of such parcel and such adjoining land as may reasonably be required for a home, at a fair price, to be determined by three disinterested citizens a pointed by the governor, in the determination of which price the vaihe of improvement shall, when deemed just and reasonable, be disregarded: Provided, however, §;‘g,§;g’·e,c,ud,d_ That this privilege shall not extend to any original lessee or to an assignee of an entire lease of public lands. I t " he commissioner may also, with such approval, issue, for a m§2¤i2iii¤imr°ugi°m nominal consideration, to any church or religious organization, or ‘ person or persons or corporation representing it, a patent for any parcel of public land occupied continuously for not less than five years Heretofore and still occupied by it as a church site under the laws of awau.