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Same;
Death or Incapacity During or Resulting from Service as Affecting Rights;
Perfection of Rights
Section 503
(50 U.S.C.
App. § 563)
(1) If any person whose application for a homestead entry has been
allowed or who has made application for homestead entry which may thereafter
be allowed or who has a valid settlement claim dies while in military
service or as a result of such service, his widow, if unmarried, or in
the case of her death or marriage, his minor children, or his or their
legal representatives, may proceed forthwith to make final proof upon
such entry or upon an application which is allowed after the applicant's
death, or upon a homestead application thereafter allowed based on a
valid settlement claim, and shall be entitled to receive a patent for
such land. The death of such person while in military service or as a
result of such service shall be construed to be equivalent to a performance
of all requirements as to residence and cultivation upon such homestead
or claim, notwithstanding the provisions of section 502 of this Act.
(2) If such person is honorably discharged and because of physical
incapacities due to such service is unable to return to the land, he
may make final proof without further residence, improvement, or cultivation,
at such time and place as the Secretary of the Interior may authorize
and receive a patent to the land entered.
(3) The Act of July 28, 1917 (40 Stat. 248), is repealed.
Desert-land
Entries; Suspension of Requirements
Section 504
(50 U.S.C.
App. § 564)
(1) No desert-land entry made or held under the desert-land laws prior
to the entrance of the entryman or his successor in interest into military
service shall be subject to contest or cancellation for failure to make
or expend the sum of $1 per acre per year in improvements upon the claim
or to effect the reclamation of the claim during the period the entryman
or his successor in interest is engaged in military service or during
a period of six-months thereafter any period of hospitalization because
of wounds or disability incurred in the line of duty. The time within
which such entryman or claimant is required to make such expenditures
and effect reclamation of the land shall be exclusive of his period of
service and the six-months' period and any such period of hospitalization.
(2) If such entryman or claimant is honorably discharged and because
of physical incapacities due to such service is unable to accomplish
reclamation of, and payment for, the land, he may make proof without
further reclamation or payments under such rules as the Secretary of
the Interior may prescribe and receive patent for the land entered or
claimed.
(3) In order to obtain the benefits of this section, such entryman
or claimant shall, within six months after his entrance into military
service, file or cause to be filed in the land office of the district
in which his claim is situated a notice that he has entered military
service and that he desires to hold the desert claim under this section.
Next page > Mining
Claims > Page 1,
2, 3, 4
Above Information Courtesy
of United States Army JAG Corps
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