1894, c. 138, § 6, 28 Stat. 109, as stated in note under Rev. St. § 2276, in Comp. St. 1901, p. 1383.

ACT DEC. 18, 1902, c. 5.

An Act Relating to Grants of Land to the Territory and State of Washington for School Purposes. (32 Stat. 756.)

Preamble.

Whereas by the Act of Congress of February twenty-second, eighteen hundred and eighty-nine, providing that the inhabitants of the Territory of Washington might, upon certain conditions prescribed in said Act, become the State of Washington, certain lands were granted to the said State for school purposes; and

Whereas a doubt has arisen as to what lands were granted by section ten of said Act; and

Whereas by section twenty of the Act of Congress of March second, eighteen hundred and fifty-three, entitled "An Act to establish the Territorial government of Washington," the county commissioners of counties in said Territory were authorized to locate and select certain lands in lieu of sections sixteen and thirty-six occupied by actual settlers; and

Whereas by the Act of Congress of February twenty-sixth, eighteen. hundred and fifty-nine, entitled "An Act to authorize settlers upon sixteenth and thirty-sixth sections, who settled before the surveys of public lands, to preempt their settlements," certain lands were appropriated for school purposes in lieu of such as might be patented by preemptors, and to compensate deficiencies for school purposes where said sections sixteen and thirty-six were fractional in quantity, or where one or both were wanting by reason of the township being fractional, or from any natural cause whatever, and providing for their selection; and

Whereas certain lieu lands have been selected by the Territory of Washington under said Acts of Congress: Therefore,

Title to lands selected in lieu of school lands in State of Washington, confirmed.

Be it enacted, &c., That in all cases where sections sixteen and thirty-six, or either or any of them, or any portion thereof, have been occupied by actual settlers prior to survey thereof, and the county commissioners of the counties in which said sections so occupied as aforesaid are situated, have, under said Act of Congress of March second, eighteen hundred and fifty-three, located or selected other lands in sections or fractional sections, as the case may be, within their respective counties, in lieu of said section so occupied as aforesaid, the lands so located or selected, when the same shall have been approved by the Secretary of the Interior, shall be deemed and taken to have been granted to said State by said Act of February twentysecond, eighteen hundred and eighty-nine, and the title of said State thereto is hereby confirmed.

Act Dec. 18, 1902, c. 5, § 1, 32 Stat. 757.

Act March 2, 1853, c. 90, § 20, mentioned in the preamble to this act and in this section, was incorporated into Rev. St. § 1947; and Act Feb. 26, 1859, c. 58, also mentioned in the preamble, was incorporated into

Rev. St. 2276. The provisions of Act Feb. 22, 1889, c. 180, granting lands to the State of Washington for school purposes, also mentioned in the preamble and in this section, are stated in the note under Rev. St. § 2276, in Comp. St. 1901, p. 1383.

Title to lands selected in lieu of lands appropriated to supply deficiencies of school lands in State of Washington, confirmed.

Sec. 2. That where any lands' appropriated by Congress to said Territory to compensate deficiencies for school purposes, where sections sixteen or thirty-six were fractional in quantity, or where one or both were wanting by reason of the township being fractional, or from any natural cause whatever, or where section sixteen or thirtysix were patented by preemptors, have been selected and appropriated as provided in said Act of Congress of February twenty-sixth, eighteen hundred and fifty-nine, the lands so selected and appropriated, when the same shall have been approved by the Secretary of the Interior, shall be deemed and taken to have been granted to said State of Washington by the said Act of February twenty-second, eighteen hundred and eighty-nine, and the title thereto confirmed. Act Dec. 18, 1902, c. 5, § 2, 32 Stat. 757.

See note under preceding section of this act.

Sec. 2288. [As amended 1891.]

Right of transfer of settlers under homestead or pre-emption laws for certain public purposes.

The right of any homestead settler in Alaska to transfer any portion of the land settled upon, as provided by this section, is restricted by a provision of Act March 3, 1903, c. 1002, post, under chapter 5 of this Title.

Who may enter certain unappropriated public lands.

The provisions of the homestead laws are extended to Alaska, by Act May 14, 1898, c. 299, § 1, Comp. St. 1901, p. 1412, which is amended by Act March 3, 1903, c. 1002, set forth below.

Sec. 2294.

[Amended. Act March 11, 1902, c. 182.]

This section is amended by Act March 11, 1902, c. 182, set forth below.

ACT MARCH 11, 1902, c. 182.

An Act to Amend Section Twenty-Two Hundred and Ninety-Four of the Revised Statutes of the United States. (32 Stat. 63.)

Officers before whom affidavits, proofs, etc., may be made; false swearing deemed perjury and punishable; fees.

Be it enacted, &c., That section twenty-two hundred and ninety-four

of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows:

"Sec. 2294. That hereafter all affidavits, proofs, and oaths of any kind whatsoever required to be made by applicants and entrymen under the homestead, preemption, timber-culture, desert-land, and timber and stone Acts, may, in addition to those now authorized to take such affidavits, proofs, and oaths, be made before any United States commissioner or commissioner of the court exercising federal jurisdiction in the territory or before the judge or clerk of any court of record in the land district in which the lands are situated: Provided, That in case the affidavits, proofs, and oaths hereinbefore mentioned be taken out of the county in which the land is located the applicant must show by affidavit, satisfactory to the Commissioner of the General Land Office, that it was taken before the nearest or most accessible officer qualified to take said affidavits, proofs, and oaths in the land districts in which the lands applied for are located; but such showing by affidavit need not be made in making final proof if the proof be taken in the town or city where the newspaper is published in which the final proof notice is printed. The proof, affidavit, and oath, when so made and duly subscribed, shall have the same force and effect as if made before the register and receiver, when transmitted to them with the fees and commissions allowed and required by law. That if any witness making such proof, or any applicant making such affidavit or oath, shall knowingly, willfully, or corruptly swear falsely to any material matter contained in said proofs, affidavits, or oaths he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. That the fees for entries and for final proofs, when made before any other officer than the register and receiver, shall be as follows:

"For each affidavit, twenty-five cents.

"For each deposition of claimant or witness, when not prepared by the officer, twenty-five cents.

"For each deposition of claimant or witness, prepared by the officer, one dollar.

"Any officer demanding or receiving a greater sum for such service shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not exceeding one hundred dollars."

Act March 11, 1902, c. 182, 32 Stat. 63.

This act amends Rev. St. § 2294, set forth, as previously amended by Act May 26, 1890, c. 355, in Comp. St. 1901, p. 1396.

Sec. 2298.

Limitation of amount entered for homestead.

Special limitations of the amount to be entered for homestead in Alaska are prescribed by the amendment of Act May 14, 1898, c. 299, § 1, Comp. St. 1901, p. 1412, by Act March 3, 1903, c. 1002, set forth below.

Homestead settlers on ceded Indian lands who, prior to the passage of Act May 17, 1900, c. 479, Comp. St. 1901, pp. 1618, 1619, had acquired title to the land by final entry by payment of the price provided in the SUPP. '03-14

law opening the land to settlement, and who would have been entitled to the provisions of that act had final entry not been made prior to its passage, are authorized to make another homestead entry, by Act May 22, 1902, c. 821, § 2, post, under chapter 11 of this Title, subc. "Ceded Indian Reservations and Lands."

ACT AUG. 30, 1890, c. 837, § 1.

Limitation of aggregate amount entered under any land laws.

Special limitations of the amount to be entered in Alaska are prescribed by Act May 14, 1898, c. 299, § 1, Comp. St. 1901, p. 1412, amended by Act March 3, 1903, c. 1002, set forth below.

Sec. 2301. [As amended 1891.]

Payment before expiration of five years; rights of applicant.

The commutation provisions of the homestead laws are not to apply to entries under Act June 17, 1902, c. 1093, which provides for the construction of irrigation works for the reclamation of arid lands, by a proviso annexed to section 3 of that act, post, under chapter 11 of this Title, subc. "Irrigation in Arid Regions; Grants of Desert Lands to States for Reclamation."

Commutation for town-site purposes, of homestead entries of certain ceded Indian lands in Oklahoma, is authorized by Act March 11, 1902, c. 180, and commutation of homestead entries of certain ceded Indian lands in South Dakota, by Act May 22, 1902, c. 821, § 1, post, under chapter 11 of this Title, subc. "Ceded Indian Reservations and Lands."

Sec. 2303.

ACT JULY 4, 1876, c. 165.

Repeal of section 2303.

Provisions for withdrawal from entry of lands required for irrigation works, and provisions for entries under the homestead laws of lands susceptible of irrigation from such works, are contained in Act June 17, 1902, c. 1093, §§ 3-5, post, under chapter 11 of this Title, subc. "Irrigation in Arid Regions; Grants of Desert Lands to States for Reclamation:" but, by a proviso annexed to section 3, the commutation provisions of the homestead laws are not to apply to entries made under that act.

ACT MAY 14, 1898, c. 299, § 1.

[Amended. Act March 3, 1903, c. 1002.]

This section is amended by Act March 3, 1903, c. 1002, set forth below.

ACT MARCH 3, 1903, c. 1002.

An Act to Amend Section One of the Act of Congress Approved May Fourteenth, Eighteen Hundred and Ninety-Eight, Entitled "An Act Extending the Homestead Laws and Providing for a Right of Way for Railroads in the District of Alaska." (32 Stat. 1028.)

Homestead laws extended to Alaska; limitation of amount to be entered; locations on unsurveyed lands; restriction of transfers. Be it enacted, &c., That all the provisions of the homestead laws of the United States not in conflict with the provisions of this Act,

and all rights incident thereto, are hereby extended to the district of Alaska, subject to such regulations as may be made by the Secretary of the Interior; and no indemnity, deficiency, or lieu land selections pertaining to any land grant outside of the district of Alaska shall be made, and no land scrip or land warrant of any kind whatsoever shall be located within or exercised upon any lands in said district except as now provided by law; and provided further that no more than one hundred and sixty acres shall be entered in any single body by such scrip, lieu selection, or soldier's additional homestead right; and provided further that no location of scrip, selection, or right along any navigable or other waters shall be made within the distance of eighty rods of any lands, along such waters, theretofore located by means of any such scrip or otherwise; and provided further that no commutation privileges shall be allowed in excess of one hundred and sixty acres included in any homestead entry under the provisions hereof: Provided, That no entry shall be allowed extending more than one hundred and sixty rods along the shore of any navigable water, and along such shore a space of at least eighty rods shall be reserved from entry between all such claims; and that nothing herein. contained shall be so construed as to authorize entries to be made or title to be acquired to the shore of any navigable waters within said district; and no patent shall issue hereunder until all the requirements of sections twenty-two hundred and ninety-one, twenty-two hundred and ninety-two, and twenty-three hundred and five of the Revised. Statutes of the United States have been fully complied with as to residence, improvements, cultivation, and proof except as to commuted lands as herein provided: And it is further provided, That every person who is qualified under existing laws to make homestead entry of the public lands of the United States who has settled upon or who shall hereafter settle upon any of the public lands of the United States situated in the district of Alaska, whether surveyed or unsurveyed, with the intention of claiming the same under the homestead laws, shall, subject to the provisions and limitations hereof, be entitled to enter three hundred and twenty acres or a less quantity of unappropriated public land in said district of Alaska. If any of the land so settled upon, or to be settled upon, is unsurveyed, then the land settled upon, or to be settled upon, must be located in a rectangular form, not more than one mile in length, and located by north and south lines run according to the true meridian; that the location so made shall be marked upon the ground by permanent monuments at each of the four corners of the said location, so that the boundaries of the same may be readily and easily traced; that the record of said location shall, within ninety days from the date of settlement, be filed for record in the recording district in which the land is situated. Said record shall contain the name of the settler, the date of the settlement, and such a description of the land settled upon, by reference to some natural object or permanent monument, as will identify the same; and, if after the expiration of the said period of five years or at such date as the settler may desire to commute the public surveys of the United States have not been extended over the land located, a patent shall nevertheless issue for the land