LANDS DESERT. 75 



Assignments restricted. 



Sec. 2. That from and after the date of the passage of this act no 

 assignment of an entry made under said acts shall be allowed or rec- 

 ognized, except it be to an individual who is shown to be qualified to 

 make entry under said acts of the land covered by the assigned entry, 

 and such assignments may include all or part of an entry; but no 

 assignment to or for the benefit of any corporation or association shall 

 be authorized or recognized. 



Extension of time. 



Sec. 3. That any entryman under the above acts who shall show to 

 the satisfaction of the Commissioner of the General Land Office that 

 he has in good faith complied with the terms, requirements, and pro- 

 visions of said acts, but that because of some unavoidable delay in the 

 construction of the irrigating works, intended to convey water to the 

 said lands, he is without, fault on his part, unable to make proof of 

 the reclamation and cultivation of said land, as required by said acts, 

 shall, upon filing his corroborated affidavit with the land office in 

 which said land is located, setting forth said facts, be allowed an 

 additional period of not to exceed three years, within the discretion 

 of the Commissioner of the General Land Office, within which to 

 furnish proof, as required by said acts, of the completion of said 

 work. 



Second desert-land entries. 



Act of March 26, 1908 (35 Stat, 48). 

 Act of February 3, 1911 (36 Stat., 896). 



Limitation to 320 acres under all land laws, excepting mineral laws. 



Act of August 30, 1890 (26 Stat., 391). 



Act of March 3, 1891, section 17 (26 Stat., 1095). 



Secretary of Interior authorized to grant further time for making final proof. 

 Act of April 30, 1912 (37 Stat., 106). 



DECISIONS. 



Land that produces a natural growth of timber is not subject to 

 desert entry, and it is immaterial whether such timber is of value or 

 not. (15 L. D., 271.) 



Lands that, one year with another, for a series of years will not 

 without artificial irrigation produce reasonably remunerative crops 

 are desert within the meaning of the desert land law. (Penderson v. 

 Parkinson, 37 L. D., 522.) 



Lands situated within a notoriously arid or desert region, and 

 themselves previously desert within the meaning of the desert land 

 law, do not necessarily lose their character as desert lands merely 

 because of unusual rainfall for a few successive seasons their produc - 

 tiveness was increased and larger crops were raised thereon; and 

 under such circumstances a strong preponderance of evidence will be 

 required to take them out of the class of desert lands. (Id.) 



One who makes desert entry of such lands must, however, clearly 

 show, in submitting proof, not only that he has the right to a suffi- 

 ciency of water to irrigate successfully the lands, and that the system 

 of ditches is adequate for that purpose, but also that the necessary 



