LAND LAWS APPLYING TO ALASKA. 33 



SimiLar provisions are made in the acts of June IG. 1808 (30 Stat. L., 473), and 

 March 1, 1901 (31 Stat. L., 847), for the benefit of like persons who served in 

 the kite war with Spain or during the suppression of the insurrection in the 

 Philippines. 



A party applying to make entry under the provisions of section 2304 must file 

 with the register and receiver a certified copy of his certificate of discharge, 

 showing when he enlisted and when he was discharged; or the affidavit of two 

 respectable, disinterested witnesses corroborative of the allegations contained in 

 the prescribed affidavit (Form 4-0G5) on these points, or, if neither can be pro- 

 cured, his own affidavit to that effect. 



The widow or. in case of her death or remarriage, the guardian of minor chil- 

 dren may complete a filing made by the soldier or sailor as above, and patent 

 will issue accordingly. 



soldiers' additionax homestead entry. 



Any officer, soldier, sailor, or marine who served for not less than ninety days 

 in the Army or Navy of the United States during said wars, who had, prior to 

 June 22, 1874. the date of the ai)proval of the Revised Statutes, made a home- 

 stead entry of less than 100 acres, may enter an additional quantity of land, 

 adjacent to his former entry or elsewhere, sufficient to make, with the previous 

 entry, 100 acres. (Rev. Stat, 2306.) This right was extended by section 2.307, 

 Revised Statutes, to the widow, if unmarried; otherwise to the minor orphan 

 children by proper guardian. If there l)e no widow, unmarried, and no minor 

 orphan children, the right is held to be an asset of the soldier-entryman's estate, 

 to be disposed of by his personal representative as other personal property. (20 

 L. D., 510 and 058.) An assignment by the heirs will be accepted if accompanied 

 by a certificate of the proper court showing that no administration has ever been 

 had on the soldier's estate and that they are all the heirs entitled to the right 

 The right was formerly regarded as a personal one and not transferable, but 

 under authority of the decision of the Supreme Court of the United States in the 

 case of Webster v. Luther (103 U. S., 331), it is now held to be assignable with- 

 out restriction, and residence and cultivation are not required in its exercise, 

 either by the original beneficiary or by his assignee, whether the original entry 

 was perfected or abandoned (24 L. D., 502). 



It was formerly the practice, on proof of military service and original enti-y, 

 under section 2300, Revised Statutes, to issue a certificate in the name of the 

 soldier-entryman, showing his additional right and its area, but the practice 

 was discontinued by circular of February 13, 1883 (1 L. D., 654), and it is 

 held that there is no statutory authority for the same and that the soldier can 

 obtain the right for himself and sell it to another without certification (23 L. D., 

 152). 



By the act of March 3, 1893 (27 Stat L., 593), provision is made that where 

 soldiers' additional homestead entries have been made or initiated upon a cer- 

 tificate 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 Gov- 

 ernment price for the land, but no person may acquire more than 1(50 acres 

 through the location of any such certificate. 



By the act of August 18, 1894 (28 Stat L., 397), all certificates regularly 

 issued are declared to be valid, notwithstanding any attempted sale or transfer, 

 and holders thereof desiring to exercise a right of entry in their own names 



