THE USE BOOK. 289 



contiguous tracts covered by his settlement as will not exceed 

 160 acres in area and not exceed 1 mile in length, at any time 

 within sixty days from the date upon which the list of such 

 lands was filed in your office. 



8. The fact that a settler named in the preceding paragraph 

 has already exercised or lost his homestead right will not pre- 

 vent him from making entry of the lands settled upon if he is 

 otherwise qualified to make entry, but he can not obtain patent 

 until he has complied with all of the requirements of the home- 

 stead law as to residence and cultivation and paid $2.50 per 

 acre for the land entered by him. 



0. The person upon whose application any land is listed under 

 this act has, if he is qualified to make entry under the home- 

 stead laws, the preferred right to enter such contiguous tracts 

 listed upon his application as will not exceed 160 acres in area 

 and not exceed 1 mile in length, at any time within sixty days 

 from the date on which the list embracing such lands was filed 

 in your office, but his entry will be made subject to the right of 

 any settler on such lands who makes entry within sixty days 

 from the filing of the list in your office. 



10. When an entry embraces unsurveyed lands, or embraces a 

 tract which forms a fractional part of a quarter quarter section 

 (40 acres), or embraces a fractional part of a lotted subdivision 

 of a surveyed section, the entryman must cause such unsur- 

 veyed lands of such fractional parts to be surveyed by or under 

 the direction of the United States Surveyor-General at some 

 time before he applies to make final proof; but when all of any 

 platted subdivision of a surveyed section is embraced in his 

 entry he will not be required to resurvey such technical legal 

 subdivision. 



11. The commutation provisions of the homestead laws do not 

 apply to entries made under this act, but all entrymen must 

 make final proof of residence and cultivation within the time, in 

 the manner and under the notice prescribed by the general pro- 

 visions of the homestead laws, except that all entrymen who are 

 required by the preceding paragraph to have their lands, or any 

 portion of them, surveyed must within five years from the date 

 of their settlement present to the register and receiver their 

 application to make final proof on all of the lauds embraced in 

 their entries, with a certified copy of the plat and field notes of 

 their survey attached thereto. 



12. In all cases where a survey of any portion of the lands 

 embraced in an entry made under this act is required the 

 register will, in addition to publishing and posting the usual 

 final-proof notices, keep a copy of the final-proof notice with a 

 copy of the field notes and the plat of such survey attached 



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