Page:United States Statutes at Large Volume 36 Part 1.djvu/891

SIXTY-FIRST CONGRESS. Sess. II. Cns. 436, 437. 1910. 867 Sec. 2. That the right to alter, amend, or re al this Act is hereby R*€h*°°¤*°°'· °*¢· expressly reserved, and the United States shallxincur no liability for U,§;d*g;‘g£“Y of the alteration, amendment, or repeal thereof to the city of New York, or to the owner or owners, or any other persons interested in any obstruction which shall have been constructed under its provisions. Approved, June 25, 1910. CHAP. 437.-An Act For the relief of assignees in good faith of entries of desert June 25, 1010. lands in Imperial County, California. ’ [S· 6636-] Be it enacted by the Senate and House of Representatives of the United [Pubm NO` sm`] States of America. in Congress assembled, That any person, other than c,},¤¤¤¢¤¤' °°¤¤¢v· a corporation, who has in good faith heretofore acquired by assign- ntsertnne entries. ment a desert-land entry, which entry is revular upon its face, in the raiii.fi>if¤i°i.€°yi¤Ii>¤i;iiZ)e°f. belief that he was obtaming a valid title thereto, which assi ment €¤¤’i¤¤ was accepted when filed at the local land office of the Uniteciigtates ‘, and recognized at the General Land Office as a proper transfer of ~ such entry, shall be entitled_ to complete the entry so acquired, notwithstanding any contest that has ibeen or may be filed against such entry, based upon a charge of fraud of which the assignee had ~ no knowledge: Provided, however, That this Act shall only apply to mmm any person who at the time of receiving such assignment was without ° °°' notice of any fraud in the entriy assigned or in any annual proof made concerning the same: Promkle further, That patent shall not issue to etffwf rgdw Mm. any such assignee unless he shall affirmatively establish, by his " aq ' evidence, under oath, good faith and lack of not1ce of fraud, and by the testimony, under oath, of himself and at least two witnesses that _ expenditure m the total amount and cultivation and reclamation to the full extent required by law have been actually made and accomplished: And promAedfurther, That nothing herein contained shall be mx§‘;‘,f,§g§f °‘ l" construed to waive or avoid liability for any fraud or violation of the law on the art of the person committing the same. Sec. 2. 'lihat where a person having made entg under the desert- £gsert;lan<1 cnmes. land law was thereafter permitted by the Land epartment to hold secorildl ‘L‘ii}?2J°§2“.?! another entry or entries by assignment, or where a person having “"“°"- reviously rfected title under assignment of a desert- and entry, or having held)‘land under assignment to the amount of three hundred and twenty acres or more at different times, was thereafter permitted by the Land Department to make an entry in his own right or to hold other lands under assignment, such persons, or their lawful assignees, shall be, upon showing full compliance with all requirements of existing law as to expenditure, reclamation, and cultivation, permitted to complete title to the land now held by them, notwithstanding any contest that may have been or may hereafter be filed against the entry based upon the charge that the present claimant has exhausted his right under the desert—land law by reason of having previously made an entry or held land under an ass1gnment as above etailed: Provided, gym:. however, That this section shall not be applicable to entries made or "° '°°° taken b assignment subseguently to hovember thirtieth, nineteen hundredy and eight: Provide further, That no person shall be entitled ,,{§{{§§;‘g§ °‘ ”°°°’°° to the benefits of either the first or second section of this Act who has heretofore acquired title to three hundred and twenty acres of land under the desert—land laws; nor shall this Act be construed to modify ,u§}"§,;¤_§‘,QQ,0*{¥,',;‘0°§}j in any manner the provisions of the Act of August thirtieth, eighteen fiedhundred and ninety (Twenty-sixth Statutes, three hundred and VM-26.pp-891.1101. ninety-one), and the seventeenth section of the Act of March third eighteen hundred and n.inety-one (Twenty-sixth Statutes, ten hundred and ninety-five), restricting the quantity of lands that may be acquired under the agricultural-la.n laws. _ Sec. 3. The provisions of thus Act shall apply to Imperial County, ,,,f,,*§’,}§f,°},’},§’,,,‘{‘;.f{,,‘{_° California, only. Approved, June 25, 1910.