42 LAWS APPLICABLE TO THE NATIONAL FORESTS. 



Residence and cultivation. 



Sec. 2291. No certificate, however, shall be given, or patent issued 

 therefor, until the expiration of five years from the da«te of such 

 entry ; and if at the expiration of such time, or at any time within 

 two years thereafter, the person making such entry ; or if he be dead, 

 his widow; or in case of her death, his heirs or devisee; or in case 

 of a widow making such entry, her heirs or devisee, in case of her 

 death, proves by two credible witnesses that he, she, or they have 

 resided upon or cultivated the same for the term of five years imme- 

 diately succeeding the time of filing the affidavit, and makes affidavit 

 that no part of such land has been alienated, except as provided in 

 section twenty-two hundred and eighty-eight, and that he, she, or 

 they will bear true allegiance to the Government of the United 

 States; then, in such case, he, she, or they, if at that time citizens of 

 the United States, shall be entitled to a patent, as in other cases pro- 

 vided by law. (Amended by act of June 6, 1912 (37 Stat., 127), 

 infra, p. 44.) 



Rights of infant children. 



Sec. 2292. In case of the death of both father and mother, leaving 

 an infant child or children under twenty-one years of age, the right 

 and fee shall inure to the benefit of such infant child or children ; and 

 the executor, administrator, or guardian may, at any time within two 

 years after the death of the surviving parent, and in accordance with 

 the laws of the State in which such children, for the time being, have 

 their domicile, sell the land for the benefit of such infants, but for no 

 other purpose; and the purchaser shall acquire the absolute title by 

 the purchase, and be entitled to a patent from the United States on 

 the payment of the office fees and sum of money above specified. 



Persons in military or naval service. 



Sec. 2293. In case of any person desirous of availing himself of the 

 benefits of this chapter, but who, by reason of actual service in the 

 military or naval service of the United States, is unable to do the 

 personal preliminary acts at the district land office which the preced- 

 ing sections require; and whose family, or some member thereof, is 

 residing on the land which he desires to enter, and upon which a bona 

 fide improvement and settlement have been made, such person may 

 make the affidavit required by law before the officer commanding in 

 the branch of the service in which the party is engaged, which affi- 

 davit shall be as binding in law, and with like penalties, as if taken 

 before the register or receiver ; and upon such affidavit being filed with 

 the register by the wife or other representative of the party, the same 

 shall become effective from the date of such filing, provided the appli- 

 cation and affidavit are accompanied by the fee and commissions as 

 required by law. 



Proofs- and fees. 



Sec. 2294. That hereafter all proofs, affidavits, and oaths of any 

 kind whatsoever required to be made by applicants and entrymen 

 under the homestead, preemption, timber-culture, desert-land, and 

 timber and stone acts, may, in addition to those now authorized to 

 take such affidavits, proofs, and oaths, be made before any United 

 States commissioner or commissioner of the court exercising Federal 



