Title 43 — Public Lands
Chapter 21 — Grants in Aid of Railroads and Wagon Roads
§ 905. Homestead entries on forfeited lands
Statutory text
All persons who, on , were actual settlers in good faith on any of the lands forfeited by section 904 of this title and were otherwise qualified, on making due claim on said lands under the homestead law within six months after the date of the promulgation by the Commissioner of the General Land Office of the instructions to the officers of the local land offices, for their direction in the disposition of said lands, shall be entitled to a preference right to enter the same under the provisions of the homestead law and sections 904 to 907 of this title, and shall be regarded as such actual settlers from the date of actual settlement or occupation; and any person who prior to , has not had the benefit of the homestead or preemption law, or who has failed from any cause to perfect the title to a tract of land theretofore entered by him under either of said laws, may make a second homestead entry under the provisions of sections 904 to 907 of this title. The Secretary of the Interior shall make such rules as will secure to such actual settlers these rights: Provided, That nothing herein shall extend any time or enlarge any rights given by sections 904 to 907 of this title to any railroad company.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 51–1040 § 2 · 26 Stat. 496
Enacted · 43 U.S.C. § 905
Sept. 29, 1890, ch. 1040, § 2, 26 Stat. 496
Source evidence
Code source credit
Sept. 29, 1890, ch. 1040, § 2, 26 Stat. 496Enacted provision · exact public law section
Sec. 2. That all persons who, at the date of the passage of this Preference rights of present actual settlers to enter. act, are actual settlers in good faith on any of the lands hereby forfeited and are otherwise qualified, on making due claim on said Time limit. lands under the homestead law within six months after the passage of this act, shall be entitled to a preference right to enter the same Entry for time of actual occupation. under the provisions of the homestead law and this act, and shall be regarded as such actual settlers from the date of actual settlement Second homestead entries. or occupation; and an y person who has not heretofore had the benefit of the homestead or preemption law, or who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either of said laws, may make a second homestead entry under Rules. the provisions of this act. The Secretary of the Interior shall make such rules as will secure to such actual settlers these rights.
1 of 1 references resolved to an enrolled provision
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.
Office of Commissioner of General Land Office abolished and functions transferred to Secretary of the Interior, or that officer as he may designate, by Reorg. Plan No. 3 of 1946, § 403, eff. , 11 F.R. 7876, 60 Stat. 1100. See note set out under section 1 of this title.
Credits
1890–1891 · 2 acts
- 1890Sept. 29, 1890, ch. 1040, § 2, 26 Stat. 496
- 1891Feb. 18, 1891, ch. 244, 26 Stat. 764.
Show as published
(Sept. 29, 1890, ch. 1040, § 2, 26 Stat. 496; Feb. 18, 1891, ch. 244, 26 Stat. 764.)