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190). Decisions Com. G. L. O., Feb. 5, 1873; Nov. 10, 1873 (Copp's
L. L. 267); Jan. 2, 1874 (1 Copp's L. 0.3); April 14, 1874 (1 id. 20);
Aug. 4, 1874; Sept. 25, 1874 (Copp's L. L. 246); Oct. 27, 1874; Nov.
27, 1874 (1 Copp's L. O. 163); Dec. 19, 1874 (Copp's L. L. 271); April
8, 1875 (2 Copp's L. O. 100); April 17, 1875 (2 id. 35); June 10, 1875
(3 id. 50); May 17, 1876 (3 id. 70); Jan. 29, 1877; July 25, 1877 (4
Copp's L. O. 107); Nov. 9, 1878 (5 id. 131); Dec. 2, 1878 (5 id. 147).
Cir. G. L. O., Aug. 9, 1870 (Copp's L. L. 273); June 13, 1872 (id.
263); May 17, 1873 (id. 273); Sept. 4, 1876 (3 Copp's L. O. 115);
Jan. 8, 1878 (4 id. 167). General Cir., Sept. 1, 1879, p. 17. Rule
25, G. L. O. Rep. 1877, p. 101.

SEC. 236. The time which the homestead settler has served Deduction of military and in the Army, Navy, or Marine Corps shall be deducted from naval service the time heretofore required to perfect title, or if discharged from time, &c. on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements.

17 Stat. 333; R. S. 2305. Decisions Sec. Int., Dec. 11, 1874 (1 Copp's L. O. 148); April 9, 1879; Jan. 3, 1880 (6 Copp's L. O. 190). Decisions Com. G. L. O., April 14, 1874 (1 Copp's L. O. 20); Aug. 22, 1874 (1 id. 84); Oct. 27, 1874; Dec. 4, 1877 (4 Copp's L. O. 146); Nov. 9, 1878 (5 id. 131). Cir. G. L. O., June 13, 1872 (Copp's L. L. 263); July 15, 1872 (id. 275); Feb. 3, 1873 (id. 276). General Cir., Sept. 1, 1879, p. 17.

have entered less

SEC. 237. Every person entitled, under the provisions of Persons who section two hundred and thirty-five, to enter a homestead than 160 acres, who may have heretofore entered, under the homestead rights of. laws, a quantity of land less than one hundred and sixty acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres.

17 Stat. 333; R. S. 2306. Decisions Sec. Int., Dec. 5, 1872 (Copp's.
L. L. 277); Aug. 25, 1874 (1 Copp's L. O. 99); Sept. 23, 1874 (1 id.
99); Feb. 27, 1875 (2 id. 18); Sept. 23, 1875 (2 id. 100); April 4,
1876 (3 id. 21); May 8, 1876 (3 id. 21); May 17, 1876 (3 id. 22); May
27, 1876 (3 id. 53); June 10, 1876 (3 id. 52); July 10, 1876 (3 id. 52);
Nov. 27, 1876 (3 id. 164); Feb. 6, 1878 (4 id. 179); April 9, 1879;
Sept. 18, 1879 (6 Copp's L. O. 106); Sept. 27, 1879 (6 id. 107); Jan.
3, 1880 (6 id. 190); March 30, 1880 (7 id. 67). Decisions Com. G. L.
O., April 27, 1874 (1 Copp's L. 0.35); May 14, 1874 (1 id. 163); Oct.
5, 1874 (1 id. 114); Oct. 27, 1874; Dec. 10, 1874 (1 Copp's L. O. 163);
June 4, 1875 (2 id. 50); July 17, 1875 (2 id. 82); July 31, 1875; Sept.
27, 1875 (2 Copp's L. O. 99); Nov. 9, 1878 (5 id. 131); Dec. 2, 1878 (5
id. 147); Dec. 5, 1878 (5 id. 147); Aug. 18, 1879 (6 id. 106); June 4,
1880 (7 id. 87). Cir. G. L. O., June 13, 1872 (Copp's L. L. 263);
Feb. 5, 1873 (id. 276); March 28, 1873 (id. 277); Nov. 3, 1873 (id.
278); Aug. 5, 1874 (id. 279); May 22, 1876 (3 Copp's L. O. 52);
May 17, 1877 (4 id. 37);
1878 (5 id. 118). General Cir.,
Sept. 1, 1879, p. 19; Sept. 1, 1879 (6 Copp's L. O. 106).

persons entitled

SEC. 238. In case of the death of any person who would Widow and mibe entitled to a homestead under the provisions of section nor children of two hundred and thirty-five, his widow, if unmarried, or to homestead, &c. in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, sub

Actual service

ject to all the provisions as to settlement and improvements therein contained; but if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title.

17 Stat. 333; R. S. 2307. Jarvis v. Hoffman, 43 Cal. 314; Chant v. Reynolds, 49 id. 213; Perry v. Ashby, 5 Neb. 291. Decisions Com. G. L. O., April 13, 1864; April 14, 1874 (1 Copp's L. O. 20); July 29, 1874 (Copp's L. L. 271); Aug. 4, 1874; Sept. 25, 1874 (Copp's L. L. 246); Nov. 27, 1874 (1 Copp's L. O. 163); Dec. 15, 1874 (Copp's L. L. 272); July 31, 1875; June 12, 1876 (3 Copp's L. O. 69); Jan. 29, 1877; April 9, 1877 (4 Copp's L. O. 38); Dec. 4, 1877 (4 id. 146); Nov. 9, 1878 (5 id. 131); Dec. 5, 1878 (5 id. 147); April 8, 1880 (7 id. 24). Cir. G. L. O., June 13, 1872 (Copp's L. L. 263). General Cir., Sept. 1, 1879, pp. 16, 20.

SEC. 239. Where a party at the date of his entry of a in the Army or tract of land under the homestead laws, or subsequently Navy equivalent to residence, &c. thereto, was actually enlisted and employed in the Army or Navy of the United States, his services therein shall, in the administration of such homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered. And if his entry has been canceled by reason of his absence from such tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored; but if such tract has been disposed of, the party may enter another tract subject to entry under the homestead laws, and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service.

Who may enter by agent.

17 Stat. 333; R. S. 2308. Decision Sec. Int., April 9, 1879. Decisions Com. G. L. O., Feb. 3, 1880 (6 Copp's L. O. 190). Cir. G. L. O., June 13, 1872 (Copp's L. L. 263).

SEC. 240. Every soldier, sailor, marine, officer, or other person coming within the provisions of section two hundred and thirty-five, may, as well by an agent as in person, enter upon such homestead by filing a declaratory statement, as in pre-emption cases; but such claimant in person shall within the time prescribed make his actual entry, commence settlements and improvements on the same, and thereafter fulfill all the requirements of law.

17 Stat. 334; R. S. 2309. Decisions Sec. Int., April 6, 1876; May 17, 1876 (3 Copp's L. O. 22); May 27, 1876 (3 id. 53); Aug. 3, 1876 (3 id. 122); April 19, 1879; Sept. 27, 1879 (6 Copp's L. O. 107). Decisions Com. G. L. O., April 14, 1874 (1 Copp's L. O. 25); Aug. 14, 1874; Nov. 27, 1874 (1 Copp's L. O. 163); April 15, 1875 (2 id. 34); July 31, 1875; Jan. 29, 1677; July 25, 1877 (4 Copp's L. O. 107); Aug. 6, 1879 (6 id. 93). Cir. G. L. Ó., June 13, 1×72 (Copp's L. L. 263); May 17, 1873 (id. 273); Aug. 5, 1877 (id. 279); May 22, 1876 (3 Copp's L. O. 52); Sept. 14, 1876 (3 id. 115); May 17, 1877 (4 id. 37); July 8, 1878 (4 id. 167). General Cir., Sept. 1, 1879, p. 19. Rules 24 and 25, G. L. O. Rep. 1877, p 101. SEC. 241. Any Indian born in the United States, who is extended to Indi- the head of a family, or who has arrived at the age of twentytheir tribal rela- one years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on making satisfactory proof of such abandonment, under rules to be prescribed by the Secretary of the Interior, be entitled to the benefits of

Homestead right

ans who sever

tions.

the act entitled "An act to secure homesteads to actual settlers on the public domain", approved May twenty, eighteen hundred and sixty-two, and the acts amendatory thereof, except that the provisions of the eighth section of said act shall not be held to apply to entries made under this section. The title to lands acquired by any Indian under this section shall not be subject to alienation or incumbrance, either by voluntary conveyance or the judg ment, decree, or order of any court, and shall remain inalienable for a period of five years from the date of the patent issued therefor. Any such Indian shall be entitled to his distributive share of all annuities, tribal funds, lands, and other property, the same as though he had maintained his tribal relations; and any transfer, alienation, or incumbrance of any interest he may hold or claim by reason of his former tribal relations shall be void.

18 Stat. 420. Cir. G. L. O., March 25, 1875 (Copp's L. L. 384). General Cir., Sept. 1, 1879, p. 20.

SEC. 242. In all cases in which Indians have heretofore Certain Indian homesteads conentered public lands under the homestead law, and have firmed. proceeded in accordance with the regulations prescribed by the Commissioner of the General Land Office, or in which they may hereafter be allowed to so enter under said regulations prior to the promulgation of regulations to be established by the Secretary of the Interior under the preceding section, and in which the conditions prescribed by law have been or may be complied with, the entries so allowed are hereby confirmed, and patents shall issue thereon; subject, however, to the restrictions and limitations contained in the preceding section in regard to alienation and incumbrance.

18 Stat. 420. Cir. G. L. O., March 25, 1875 (Copp's L. L. 284). General Cir., Sept. 1, 1879, p. 20.

SEC. 243. Each of the chiefs, warriors, and heads of fam. Chiefs, &c., of ilies of the Stockbridge Munsee tribes of Indians, residing in Munsees, homeStockbridge the county of Shawana, State of Wisconsin, may, under the stead rights of. direction of the Secretary of the Interior, enter a homestead and become entitled to all the benefits of this chapter, free from any fee or charge; and any part of their present reservation, which is abandoned for that purpose, may be sold, under the direction of the Secretary of the Interior, and the proceeds applied for the benefit of such Indians as may settle on homesteads, to aid them in improving the same.

of

13 Stat. 562; R. S. 2310. Decision Sec. Int., Feb. 11, 1870 (Copp's L. L. 283). Cir. G. L. O., April 1, 1870 (Copp's L. L. 283). SEC. 244. The homestead secured, by virtue of the pre- Exemption of ceding section, shall not be subject to any tax, levy, or sale; homestead ge nor shall it be sold, conveyed, mortgaged, or in any manner Munsees. incumbered, except upon the decree of the district court of the United States, as provided in the following section.

13 Stat. 562; R. S. 2311.

SEC. 245. Whenever any of the chiefs, warriors, or heads Stockbridge Munsees becomof families of the tribes mentioned in section two hundred ing citizens. and forty-three, having filed with the clerk of the district court of the United States a declaration of his intention to

Unsold lands of the Ottawa and

for homesteads.

become a citizen of the United States, and to dissolve all relations with any Indian tribe, two years previous thereto, appears in such court, and proves to the satisfaction thereof, by the testimony of two citizens, that for five years last past he has adopted the habits of civilized life; that he has maintained himself and family by his own industry; that he reads and speaks the English language; that he is well disposed to become a peaceable and orderly citizen; and that he has sufficient capacity to manage his own affairs; the court may enter a decree admitting him to all the rights of a citizen of the United States, and thenceforth he shall be no longer held or treated as a member of any Indian tribe, but shall be entitled to all the rights and privileges, and be subject to all the duties and liabilities to taxation of other citizens of the United States. But nothing herein. contained shall be construed to deprive such chiefs, warriors, or heads of families of annuities to which they are or may be entitled.

13 Stat. 562; R. S. 2312. Decision Sec. Int., Feb. 11, 1870 (Copp's L. L. 283). Decision Com. G. L. O., April 1, 1870 (Copp's L. L. 283). SEC. 246. The unoccupied lands in the reservation made Chippewa Indi- for the Ottawa and Chippewa Indians, of Michigan, by the ana, how opened treaty of July thirty-one, eighteen hundred and fifty-five, shall be open to homestead entry for six months from the tenth day of June, eighteen hundred and seventy-two, by Indians only of those tribes, who have not made selections or purchases under the treaty, including such members of the tribes as have become of age since the expiration of the ten years named in the treaty; and every Indian so entitled shall be permitted to make his homestead entry, at the local land office, within such six months, of not exceeding one hundred and sixty acres, or one quarter-section of minimum, or eighty acres of double-minimum land, on making proper proof of his right, under such rules as may be prescribed by the Secretary of the Interior.

17 Stat. 381; 18 id. 516; 19 id. 55; R. S. 2313.

Selections for SEC. 247. The collector of customs for the district in minors under preceding section. Which such land is situated, is authorized, and it is made his duty, to select for such minor children as would be entitled, under the preceding section, as the heirs of any Indian. 17 Stat. 381; 18 id. 516; 19 id. 55; R. S. 2314.

Bona-fide settlers on above

SEC. 248. All actual, permanent, bona-fide settlers on any lands prior to, &c. of such lands who settled prior to the first day of January, eighteen hundred and seventy-two, shall be entitled to enter either under the homestead laws or to pay for at the minimum or double-minimum price, as the case may be, not exceeding one hundred and sixty acres of the former or eighty acres of the latter class of land, on making proof of his settlement and continued residence before the expiration of six months from the tenth day of June, eighteen hundred and seventy-two. 17 Stat. 381; 18 id. 516; 19 id. 55; R. S. 2315.

Certain lands to be patented to

SEC. 249. All selections of such lands by Indians heretoIndians making fore made and regularly reported and recognized as valid selection. and proper by the Secretary of the Interior and Commis

sioner of Indian Affairs, shall be patented to the respective Indians making the same; and all sales heretofore made and reported, where the same are regular and not in conflict with such selections, or with any other valid adverse right, except of the United States, are confirmed, and patents shall issue thereon as in other cases according to law. 17 Stat. 381; 18 id. 516; 19 id. 55; R. S. 2316.

trees on homestead tracts.

SEC. 250. Every person having a homestead on the public Cultivation of domain, under the provisions of this chapter, who, at the end of the third year of his residence thereon, shall have had under cultivation, for two years, one acre of timber, the trees thereon not being more than twelve feet apart each way, and in a good, thrifty condition, for each and every sixteen acres of such homestead, shall, upon due proof of the fact by two credible witnesses, receive his patent for such homestead.

17 Stat. 606; 18 id. 21, 481, 516; 19 id. 54; R. S. 2317. Cir. G. L. O., Oct. 30, 1873 (Copp's L. L. 646).

acres of double

allowed after

allowed.

en.

SEC. 251. From and after March three, eighteen hundred Entry of 160 and seventy-nine, the even sections within the limits of any minimum lands grant of public lands to any railroad company, or to any March 3, 1879. military-road company, or to any State in aid of any rail- Additional road or military-road, shall be open to settlers under the try of adjoining lands allowed. homestead laws to the extent of one hundred and sixty acres New entry, when to each settler; and any person who has, under existing laws, taken a homestead on any even section within the limits of any railroad or military-road land grant, and who, by existing laws, shall have been restricted to eighty acres, may enter under the homestead laws an additional eighty acres adjoining the land embraced in his original entry, if such additional land be subject to entry; or, if such person so elect, he may surrender his entry to the United States for cancellation, and thereupon be entitled to enter lands under the homestead laws the same as if the surrendered entry had not been made. And any person so making additional entry of eighty acres, or new entry after the surrender and cancellation of his original entry, shall be permitted so to do without payment of fees and commissions; and the residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional or new entry, and shall be deducted from the five years' residence and cultivation required by law: Provided, That in no case shall Proviso. patent issue upon an additional or new homestead entry under this section until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced therein at least one year. 20 Stat. 472. Decisions Sec. Int., Sept. 23, 1875 (2 Copp's L. O. 100); Sept. 27, 1879 (6 id. 107). Decisions Com. G. L. O., July 30, 1879 (6 Copp's L. O. 106); April 22, 1880 (7 id. 125). Cir. G. L. O., March 24, 1879 (6 Copp's L. O. 28); May 21, 1879 (6 id. 138); Sept. 20, 1879 (6 id. 124). General Cir., Sept. 1, 1879, pp. 10, 15. SEC. 252. Persons who have heretofore under any of the homestead laws entered lands properly subject to such assignees may entry, or persons to whom the right of those having SO $1.25 per acre in entered for homesteads may have been attempted to be certain cases.

Homestead claimants or their

purchase lands at

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