1. The fifth section provides for an additional entry of land which shall be contiguous to the land embraced in the original entry, for which the final proof of residence and cultivation made on the original entry shall be sufficient, but of which no party shall have the benefit who does not, at the date of his application therefor, own and occupy the land covered by his original entry, and which shall not be permitted, or if permitted shall be canceled, if the original entry should fail, for any reason, prior to patent, or should appear to be illegal or fraudulent. Applicants for additional entries under this section will be required to produce evidence that they own and occupy the land embraced in their original entries, to be properly described by legal subdivisions and by reference to the number and date of the original entry, and the evidence to consist of their own affidavits, corroborated by the affidavits of disinterested witnesses, executed before the register or receiver or some officer in the land district using a seal and authorized to administer oaths. In addition to this, the proper homestead application and affidavit must be filed, which should be on Forms 4-018 and 4-063, respectively (pp. 245 and 238), properly modified so as to show the section and act under which application is made, and the affidavit modified by referring to the original entry on which the additional is based, and setting forth that the applicant owns and occupies the land covered thereby.

2. The sixth section admits of an additional entry of land, which need not be contiguous to the land embraced in the original, by parties who have complied with the conditions of the law with regard to the original entry and have had the final papers issued therefor, and with the condition of residence and cultivation of the land embraced in the additional entry, to be made and proved as in ordinary homestead entries.

Applications and affidavit will be required in entries under this section (6), and the same forms (4–018 and 4-063, pp. 245 and 238) may be used as above stated in reference to entries under the fifth section. The affidavit should set forth the description of the tract embraced in the former entry, the date when, and the office where made, but it need not be shown that the applicant owns and occupies the land covered thereby.

In additional entries under both sections the usual homestead fees and commissions will be required to be paid, and receipts will be issued therefor. Notes will be made on the entry papers and opposite the entries on the monthly abstracts referring to the section and the act under which allowed.

Neither of these additional entries is to be confounded with the adjoining farm homestead provided for by another statute. (See p. 21.) Among the several acts above mentioned as allowing additional entries to be made to complete the maximum quantity of 160 acres, with prescribed conditions, differing more or less in their requirements, the later acts contain no terms to repeal the earlier acts, and there is no such repugnance in their provisions as would work a repeal by implication. Parties entitled to claim under one or another of the acts may elect under which to proceed, and their claims will be adjusted according to the provisions of the acts under which they respectively elect to proceed.

ADDITIONAL HOMESTEAD ENTRIES UNDER SPECIAL ACTS.

SOLDIER'S ADDITIONAL HOMESTEAD ENTRY.

An officer, soldier, seaman, or marine who served for not less than ninety days in the Army or Navy of the United States during the rebellion, who had, prior to June 22, 1874, the date of approval of the Revised Statutes, made a homestead entry of less than 160 acres, may enter an additional quantity of land, adjacent to his former entry or elsewhere, sufficient to make, with the previous entry, 160 acres. (Rev. Stat., 2306; Appendix No. 1, p. 138.)

This right (extended by section 2307, Revised Statutes, to the widow, if unmarried, otherwise to the minor orphan children by proper guardian) is a personal one, and is not transferable; it is not subject to assignment or lien, nor can it be exercised by another.

The practice which formerly prevailed of certifying the additional right as information from the records of the General Land Office and permitting the entry to be made by an agent or attorney has been discontinued.

The party desiring to make an additional entry and being entitled thereto must present himself at the land office of the district in which the land he wishes to enter is situated and make his application in the same manner as in case of an original entry (Form No. 4–008, p. 247). In addition to the usual homestead affidavit the claimant must make a special affidavit showing

First. His identity as the soldier he represents himself to be, reciting his military service and stating his present residence and post-office address.

Second. The facts in detail, setting forth his right to make the additional entry and that he has fully complied with the provisions of the homestead laws in the residence upon and cultivation and improve. ment of his original entry and stating whether or not he has proved up his claim and received a patent for the land. Proper reference must be made to the original homestead entry, giving the name of the district office wherein it was made, the date and number of the entry, and the description of the land.

Third. That he has not in any manner previously exercised his additional right, either by entry or application, or by sale, transfer, or power of attorney, but that the same remains in him unimpaired.

The foregoing affidavits must be sworn to and subscribed in the presence of the register or receiver. This rule must be strictly adhered to in order to avoid false personation; and applications and affidavits presented to the register and receiver with signature attached will not be received.

The foregoing rules will not be deemed to apply to cases where the additional entry has heretofore been certified by the General Land Office, nor to cases pending which were filed therein prior to March 16, 1883.

The register and receiver will require the party to pay the same fee and commissions as in cases of original entry, the receiver will issue his receipt for the money paid, and these papers will receive the current date and the proper numbers in their homestead series. Then, to complete the transaction-it being an object, for the convenience of business, that the additional entry papers and the final papers therefor in such cases shall be kept separate and distinct-the party will make payment of the usual final commissions on the entered tract, for which

the receiver will issue his receipt; the register will thereupon issue his final certificate for the additional tract (Form 4-197, p. 248), the receipt and certificate to bear their proper numbers in the final homestead series, likewise a reference to the original entry and to the final certificaté thereon by their numbers, and also by their district where the party's first entry shall have been made in a different district.

By the act of March 3, 1893 (27 Stat. L., 593; Appendix No. 53, p. 214), provision is made that where soldiers' additional homestead entries have been made or initiated upon a certificate of the Commissioner of the General Land Office of the right to make such entry, and the certificate of right is found to be erroneous or invalid for any cause, the party in interest thereunder on making proof of his purchase may, if there is no adverse claimant, perfect his title by payment of the Government price for the land, but no person may acquire more than 160 acres through the location of any such certificate.

By the act of August 18, 1894 (28 Stat. L., 397; Appendix No. 57, p. 217), all certificates of right, regularly issued by the General Land Office, showing that the parties named therein are entitled to make soldiers' additional homestead entries, are declared to be valid notwithstanding any attempted sale or transfer. Where such certificates have been or may hereafter be sold or transferred, the sale or transfer thereof is not to be regarded as invalidating the right, but the same shall be good and valid in the hands of bona fide purchasers for value, and all entries made by such purchasers therewith shall be approved and patent shall issue in the names of the assignees, but before approving such entries for patent the transferee shall file in this office satisfactory proof of ownership and of bona fide purchase for value.

To enable assignees of these certificates to exercise in their own names the right of entry confirmed by this statute it is directed that the certificate itself shall in each instance prior to any entry by the assignee be presented to the General Land Office for examination and additional certification covering the fact of assignment. Holders of such certificates desiring to exercise a right of entry in their own names must file such certificates in the General Land Office, together with satisfactory proof of ownership and of bona fide purchase for value. If, upon examination, the proof so filed is satisfactory, an additional certificate will be attached to the original authorizing the location thereof, or entry of land therewith, in the name of the assignee or his assigns.

To prevent confusion and provide a uniform rule for the transfer and assignment of soldiers' additional certificates recertified to owners and bona fide purchasers under said act the following mode of procedure should be observed:

1. The assignment may be written or printed upon a separate sheet or sheets of paper, to be securely attached to the package of papers constituting the certificate.

2. Each assignment must be duly attested and acknowledged as prescribed by the circular of July 20, 1875 (p. 4, subdivision I, paragraphs 5, 6, and 7), respecting the assignment of bounty land warrants, and the officer taking the acknowledgment must certify that at the date of the assignment the certificate was attached to said assignment and was in the possession of and presented by the assignor.

3. The forms printed on page 265 are prescribed for use in making assignments. These forms, or others containing the substantial matter thereof, will be accepted as a compliance with these instructions.

This law does not prohibit the location of said certificates by the holders as heretofore, either by the soldiers in person or by others acting

as attorneys for the soldiers and in the names of the soldiers. Therefore, when application is made to locate such a certificate by the holder in the name of the soldier the entry of land under said certificate will be allowed if the application papers are regular in all other respects, and the homestead papers and final certificate and receipt will be issued in the name of the soldier under the instructions heretofore given in reference to such cases, which are still operative.

ADDITIONAL HOMESTEAD ENTRIES WITHIN RAILROAD LIMITS.

Homestead settlers within the limits of grants for railroads or wagon roads, except grants of even sections in Alabama, Mississippi, and Louisiana, who were restricted to 80 acres by law previous to March 3, 1879 (or in Missouri and Arkansas prior to July 1, 1879), may enter an additional 80 acres adjoining the land embraced in the original entry, if such additional land is subject to entry; or if the party so elects he may surrender his original entry and make a new entry for 160 acres elsewhere. (Acts March 3, 1879, 20 Stat. L., 472; July 1, 1879, 21 Stat. L., 46; Appendixes Nos. 11 and 13, pp. 153 and 154.)

The following paragraphs I and II are here presented in explanation of the history of the legislation just referred to, viz:

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I. The laws extending the homestead privilege, embraced in sections 2289 to 2312 of the Revised Statutes, give to every citizen, and to those who have declared their intention to become citizens, the right to a homestead on surveyed lands, since extended to unsurveyed lands by act of May 14, 1880 (Appendix No. 15, p. 156). This right was limited by section 2289 of the Revised Statutes, as the maximum quantity, to 160 acres of the class of ordinary public lands held by law at $1.25 per acre, when disposed of to cash purchasers, or 80 acres of the class of lands embraced in the alternate sections along the lines of railroads or other works of internal improvement reserved to the United States in acts of Congress making grants of lands in aid of the construction of such works, and the price thereof increased to $2.50 per acre. By act of Congress of March 3, 1879, it was enacted that from and after its passage the even sections within the limits of any grant of public lands to any railroad company, or to any military road company, or to any State in aid of any railroad or military road, shall be open to settlers under the homestead laws to the extent of 160 acres to each settler,” thus doing away in this class of entries with the distinction between ordinary minimum and double minimum lands, or lands held at $1.25 per acre and lands held at $2.50 per acre, which had existed under section 2289 of the Revised Statutes of the United States, so far as the double minimum lands may be found in even sections within the limits of land grants for railroads or military roads. These provisions did not extend so as to embrace any double minimum lands in odd numbered sections or in the limits of grants for any other description of public works. By act of July 1, 1879, the same provisions were extended to the odd sections in the States of Missouri and Arkansas, where the odd sections were reserved to the United States, the price of the lands therein enfanced, and the even sections granted for the purposes of improvement. Both acts were inoperative in any case where the even sections were granted, the odd being reserved, and not within the States of Missouri and Arkansas, as in certain grants in Alabama, Mississippi, and Louisiana; but the double minimum lands in the two last-mentioned States having been brought into market at the enhanced price prior to January 1, 1861, are now reduced to $1.25 per acre under the third section of the act of June 15, 1880.

II. The act of March 3, 1879, in addition to its provision already referred to, provides, first, that "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 80 acres, may enter under the homestead laws an additional 80 acres adjoining the land embraced in his original entry, if such additional land be subject to entry," without payment of fees and commissions, and that "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 entry, and shall be deducted from the five years' residence required by law," with the proviso, however, that in no case shall patent issue "until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land" embraced in his additional entry "at least one year." The act of July 1, 1879, is similar in effect as regards persons who had taken homesteads on the odd-numbered sections reserved from such grants in Missouri and Arkansas.

The right to make an additional entry under these acts or to surrender the original entry and make a new one descends to the statutory successor to the original homestead right, but is not subject to sale or assignment. The additional or the new entry, as the case may be, can be made only by the homestead claimant, or, if he be dead, by the widow, devisec, or other successor to the right.

An entry may be made under these acts, although the original entry was commuted by cash payment.

A woman who has married since making original entry is not thereby disqualified from making an additional entry under these acts.

A person making additional entry of 80 acres or new entry after surrender and cancellation of his original entry can do so without payment of further fees and commissions. (Acts March 3, 1879, 20 Stat. L., 472, and July 1, 1879, 21 Stat. L., 46; Appendixes Nos. 11 and 13, pp. 153 and 154.)

Where additional entry is made on lands adjoining an original entry upon which proof has been made no further proof or payment is required additional to the proof and payment already made on the original entry. (Act May 6, 1886, 24 Stat. L., 22; Appendix No. 28, p. 165.) But in case of an additional entry, when proof on the original entry has not been made, the proof and payment to cover both the original and additional entry must be made at the same time and in the same manner, and where a party surrenders his original entry and makes a new one he must comply with the law in respect to residence, improvement, and cultivation for such period as, with his residence on the original tract, will make five years, and he must, in any event, reside upon, improve, and cultivate the land embraced in the new entry for at least one year.

In applying for an additional entry the party must make affidavit before the register or receiver, describing the tract upon which he resides (Form 4-086, p. 245). If final proof on the original entry has not been made, he must submit proof setting forth the particulars of his existing entry and of his compliance with legal requirements regarding the same (Form 4-369, page 241), and he must make application according to Form 4-018, page 245.

The applicant for an additional homestead entry must swear that he did not serve in the Army or Navy of the United States for ninety days or more; for persons who thus served were not restricted to 80 acres