Page:United States Statutes at Large Volume 44 Part 1.djvu/1356

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§ 220 ,Tl!’l·F ¥H··-1* a (4) Proof of eslttcation; sm! wwf: on AY the time at Baal preat, as in section 164 ef this chapter, the eatrymaa usda this sectloa shall, la aaditisa to the hroofs and a§dav1¤ requlred under said seetlem _ 164 prove by himselt sad two —wltas: vs; that at least eaesixteeathfof the area embraced ln smh entry iwas contlnuearly caltfvatcd fer crops other than native grasses, heglaalag with the secoad year of the entry, and that at least eee-eighth ef, thearea emhraeedila. the eutrywas so esatihaeasly caltivated beginning with the third year of the carry: Provided, That any qasuaea person {who has, prlor _ to Jase 10; 1916, made, or who hermfter makes, additional entry under the previsisizs of paragraph (0) ot this sections to- an estry upon which hhal mioof has not heea made, maybe allowed te perfect dtle to original entry by showiiig compliance with me provisiehs ict section 164, respecting such entry, sad thereafter ia maklhg prqof apart his additional; shall he credited with residence upon his original entry hom date _ of such erl§aal entry, but the cultivation required shea eatrlw msasuaaer section must be shown. such additieaal entry, whiw cultivation, while it may made s apes eithw the erigiaal or additional entrylor upon both entries, must- he cultivation la addition to that relied upon and used in making proof upon the original entry; or, if he elects, his erigiml and addiheaal entries may- be " (!011Sid¢1'0d_ as one, virlth fall credit for rsaaeaee 'upo11”and_improveme¤t made upoii his M hal entry, la which event the amount of cultivation herein reduired shall apely to the total areaiot nthe fcornbiued ‘ entry, ( and proc! may be made upon such combined entry wheaéyer- it F he shawn that the cultivation- requlred by this paragraph has been performed; and to this e11‘d`the_ timejwithin which proof must w 'made aponlsach a combined entry is extended to seven years from the `date ot the' original entry: Provided Iswikw, That véherc an entry is made 8$,__B,§i§¤2iQ¥}§!,,.!7.!Q..;.@L.iQ,,.s»€L!t·1'}’ apes which anal proof theretofore submitted. by an eatrynran- 'who still owns and occupies the land thus entered, theeatryman in making pros! upon, his additioml entry shall

 credited hwith   `matntained upon his original entry

fr" Zdate {thereof, hat the cultivation required upon eatrles made, trader this section must-be·shown ting such addle W tleaal. entry sad be pmdformed upon the land included

 to the extent   for   period required ia cormectioa

lwith the original entries lllldBI this section, prec! ot which mast he HYB years from ? after the date at the eatry: further, That nothing

   be so eonstraed as to require residence __np0n

the ·, ;s:.» in exeess-of the period of as required by section 164 of this _‘ M t . ’ ~ gg) Quia; yigm; of ayfeeted.-——Nothlug contained in this mhm _ shall be held to the right ot a qnalihed jeatrymah to make homeetwd entry in the State of Idaho under the previmeas of section 161 et this theater, but- no person who has fmade eatry aadert; this section shall be eu l tlw to make entry under the provmoas of 161, and- ao wtry made under; this section shall been at muted. _ __(f) domestic water supply `deelgaated; residence and ca1¢i·sa¢£oa.—Wheaever the ot Lntcrior shall any tracts of in the State of Idaho, subject as entry mder section, do not, have upon them such ‘a _ . clmt supply ar water suitable ter ldomwlc as wolild make caatiaaoas residence upon the " he may, in . his discretion, dmignate meh tracts otylaad, not to exceed in ‘ the aggregte oae acres, and they shall be s subject to entry this section witheat the n%sity ot residence upm the entered: _ il; iaith cultlyate not lea than of cadre area at the entry which is > # » »s· of calttvatloa dur- _ing the arst year of the entry, not less than darlin: the

’l(BLI0 ulvns 1342 — moad year, and aot lea than uae-fourth d a the third year e of the entry and until dual moot: Pr fw·ther,§l‘hat after L ali inonths {rom the cate `ql eatry md aatil moo: the — L eatryinan ehall be a r@ident"_o£ tM~ State et Idaho., ·

· _ ‘(v)' ‘No¤contip·uou.• » ldoide; weapoaey and tmpfoweate;

· soldier? additional home;tmd:.—-Ahy per®a who me made or e shall make hommtmd eptry dim three¤h¤nd@ and

twenty acrmeqfylanda of the in this aeetiaa

» and who shall have submitted meet thereon, shall have r the fight to enter. gublio Lands aabject to the pnioviaiaas . of this. •_ section, act coqttgixous to his dm entry, which act with ·· the original, exceed three hundred and twenty acres: t_ Provided, That the land `crlginally catered and that eavered, F `·by the additional exitry shall diet Have been designated as-·et1b— L 'ject to this section `or the preceding, smtioa “('1%irty-aftb Stat- , ° utes, page 639), as provided by section, 1 of said Acta: Prcvideao , further, That in no Shall patent iasiie farthe lead eeveréd ‘ by such additional entry xmtil the- person making same shall . lxavei actually lead in conformity, ivith the a w mzc laws F resided upon 7Hild vC]11uY8t€d the lands- so additionally entered; > and otherwise complied with` such laws, excem that where the ,· land embraced in the additional entry ist located not exceeding t twenty miles from tlielahdl embraced in the entry no · residence shall be required on such additional entry it the t_ `exxtryman is residiug~ou 1llS‘f6l'I!l€1‘..€Ilt1'Y§ And provided fart ther, That this_ section shall`aot be construed as aHectiagt aay

 rights as to location of aoldicrs’ additional homestwds Rader

. section 274., (June 17, 1910, `c. 2%, '§ 7, .36 Stat, 532;¤Feb; .11, 1913, c. 39, 37 Stat. 666; Mar. 3, 1915, c. 91, ESS Stat. %7; l Septyd, 1916, c. 440,·39`Sta`t. 724;) _ 4 { __ _- 220. Applications for entry of lands not sa sab- · ject to entry; and for additional entry ehéoatigaeaa l@5—

Whete any person qualiqéd tomake entry under the pmvisieaa

e eo! theesecond~preeeding—secti0¤,c$ahw maya application to eater under the provisions of said sections any- anapprapriated pablic l `landi in any state adected tlaerebywhich has not dem- — nated as subject tof entry under the; section _ (provided said application ls. accompanied "and supported by properly earvgoborated `andavit of theappllcant ih dapllcate, showing prima facie that the land applied for la of the character coatmalated j by said section), auch application, together wita @lar tees `and commissions, shall be received by the, leg e of the land district in which said} land is located, and suspended aatil t it shall have been determined by the Secretary- of Iaterta: , whether aaidqaland is actually oi that character; th.at‘d1u·iag ` auch suspension the land dm·ib& in said applicatim shall be segregated by the said and not subject to aatil the case is disposedjot ; and it it shall deten t S M @t auch ` land la 01 the character by the `aeetias, thm _ such application he allowed; otherwise it M subject te appeal: Provided, That protwoas ei shall apply. to ahplicatiezrroi a eatrymgn to make additional entry are umppropxlatm his vapor fected homestead entry, tm nruj ot; which, together ¤»1g1¤e1e¤uy,,¤ua11°¤ot three meeree twwty acm (Mar. 4,C1915,`c. 150,‘§· 1, 38 Stat. 1l@, MQ;) — - ‘ . .221. Prqviaimn extended to Schth Biketa.--—'L‘he provisions of the preeedlng section and ot me patmaphs. third preceding section, shall extend include the State of Soath Dakota} (Mar. Q, 1915, e. 150, §_2, 38`Btat.`11&.)a » . _. ‘ entries by in l& in t natimnl fawn.--Any hommtead of one lgaadrm and »sixtjr·¢c1·® or lm of lws which have men to Minw 8, 1%3,'or may thereafter `be- or cladaed by the t of thelnterior to the proa of sections 216 and 217 this mapter, ‘ wha ms mt submitted pmol upon hi8`8!i§$Bf"®tl‘1, ahd any homstcadeutrymau who has on received