Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.

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Chapter 106
March 3, 1919. | [H. R. 9897.] 40 Stat., 1318.

An Act To authorize the contesting and cancellation of certain homestead entries, and for other purposes

Margin Notes
Chap. 106 Oklahoma. Kiowa, etc., pasture reserves. Cancellation of certain homestead entries in.
34 Stat., 213, vol. 3, 184.
Chap. 106 Provisos. Preference for new entries.
Chap. 106 Partition of tracts.
Chap. 106 Payment in installments.
Chap. 106 Forfeiture for failure, etc.
Chap. 106 Sale of vacant lands.
Chap. 106 34 Stat., 213, vol. 3, 184; 34 Stat., 550, vol. 3, 259.
Chap. 106 Disposal of proceeds.
Chap. 106 34 Stat., 213, vol. 3, 184.

Page 191

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the homestead entries made for pasture and wood reserve lands in the Kiowa, Comanche, and Apache Reservations, in the State of Oklahoma, opened to settlement and entry upon sealed bids, as authorized by the Act of June fifth, nineteen hundred and six (Thirty-fourth United States Statutes at Large, page two hundred and thirteen), be, and the same are hereby, made subject to contest, upon charges alleging that the entryman never established residence upon the land, or that having established such residence he failed to maintain same, or to improve and cultivate the land in accordance with law; and upon proof sustaining such charges, submitted in accordance with the rules of practice, the entries will be canceled and the money paid by the entrymen in default will be forfeited: Provided, That any person who has been residing upon the land for at least two years prior to the cancellation of such entry, and if there be no such settler, than the successful contestant, shall, if qualified to make a homestead entry, have a preference right for a period of sixty days from notice, to make a homestead entry for the land, paying therefor the price bid by the original entryman, or a price to be fixed by appraisement upon the applicant's request, the im-

Page 192

provements made by such settler not to be taken into consideration in making such appraisement: Provided further, That should there be two settlers on a tract, the land will be partitioned to them upon mutual agreement, or will be sold to the setttler submitting the highest bid at a public offering: And provided further, That payment for the land shall be made in four equal installments, one installment at the date of entry, and the other installments in one, two, and three years thereafter: And provided further, That failure to comply with the homestead law or to make the annual payment when due in the case of any entry under this Act shall be a sufficient cause for the cancellation of the entry and the forfeiture of the money paid: And provided further, That any vacant lands in the wood and pasture reserves in said Indian reservations, opened to entry under said Act of June fifth, nineteen hundred and six, for which no preference right of entry exists, as herein provided, or under the Act of June twenty-eighth, nineteen hundred and six (Thirty-fourth Statutes at Large, page five hundred and fifty), shall be subject to sale at public auction to the highest bidder under rules and regulations to be provided by the Secretary of the Interior: And provided further, That the moneys received from the sale of the lands under this Act shall be deposited in the Treasury of the United States, shall draw interest, and be administered in accordance with the provisions of section two of said Act of June fifth, nineteen hundred and six.1

Approved, March 3, 1919.

1 50 L. O. D. 189.

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