.G. 5 435

Navy, or Marine pointed from listed in the

e; in the

r

CIRCULAR NO. 302

SOLDIERS' AND SAILORS' HOMESTEAD RIGHTS

[Reprint and revision of regulations of May 26, 1922 (49 L. D. 118)]

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

1. Any officer, soldier, seaman, or marine who served for not less than 90 days in the Army or Navy of the United States during the Civil War and who was honorably discharged and has remained loyal to the Government, and who makes a homestead entry, is entitled under section 2305 of the Revised Statutes and the act of June 6, 1912 (37 Stat. 123), to have the term of his service in the Army or Navy, not exceeding two years, deducted from the three years' residence required under the homestead laws.

Washington, D. C., January 21, 1929.

Similar provisions are made in the acts of June 16, 1898 (30 Stat.. 473), and March 1, 1901 (31 Stat. 847), for the benefit of like persons who served in the war with Spain, or during the suppression of the insurrection in the Philippines. The act of February 25, 1919 (40 Stat. 1161), as amended by act of April 6, 1922 (42 Stat. 491), makes similar provisions for the benefit of like persons who rendered military or naval service in connection with the Mexican border operations or during the late war with Germany.

2. A soldier or sailor of the classes above mentioned who makes entry as such must begin his residence and cultivation of the land entered by him within six months from the date of filing his declaratory statement, but if he makes entry without filing a declaratory statement he must begin his residence within six months after the date of the entry. Thereafter he must continue both residence and cultivation for such period as will, when added to the time of his military or naval service (under enlistment or enlistments covering war periods), amount to three years; but if he was discharged on account of wounds or disabilities incurred in the line of duty, or honorably discharged but subsequently awarded compensation by the Government for wounds received or disabilities incurred in line of duty in accordance with the act of October 6, 1917 (40 Stat. 398–405), as amended by the act of August 9, 1921 (42 Stat. 147-153), credit for the whole term of his enlistment may be allowed, notwithstanding he may not have served 90 days. However, no patent will issue to such soldier or sailor until there has been residence by him for at least one year.

A soldier with 19 months or more military service will be required to reside on the land at least 7 months during the first entry year; with more than 12 and less than 19 months, he must reside on the land 7 months during the first year and such part of the second year as, added to his excess over 12 months' service, will equal 7 months,

32212-29

ate one-sixteenth of the area the second year; with

Tore than 12 months, he must reside upon the land 7 uuring each of the first and second years, and cultivate oneeenth of the area the second year; with 90 days and less than 7 months he must reside upon the land 7 months during each year for the first and second years, and such part of the third year as, added to his service, will equal 7 months, and cultivate one-sixteenth of the area the second year and one-eighth the third year; and with less than 90 days' service, will receive no credit therefor in lieu of residence and cultivation unless he was discharged for disabilities or wounds received in line of duty, in which event he would be given credit for the term of his enlistment, not, however, for more than two years. If he delays the submission of proof beyond the period of residence required, the cultivation necessary for the years elapsing before the submission of proof must be shown. He may apply for and receive a reduction in the area to be cultivated, in the same manner and under the conditions required of other applicants. Where the entry is made under the stock-raising provisions of the homestead law, the above rule with respect to residence will be applicable, but the soldier must make the improvements on the land required of other persons under that law, and show in lieu of cultivation that he actually used the land for raising stock and forage crops during the period that he was required to reside on the land. He must show, in any entry under the homestead laws, that he had a habitable house on the land at the date of submitting proof.

3. No credit for military service can be allowed where commutation proof is submitted.

4. A party claiming the benefit of his military service must file with the register a certified copy of his certificate of discharge, showing when he enlisted, when he was discharged, and the organization in which he served, or the affidavit of two reputable, disinterested witnesses, corroborative of the allegations contained in his affidavit on these points, or if neither can be procured his own affidavit to that effect.

PERIODS OF SERVICE FOR WHICH CREDIT MAY BE GIVEN IN LIEU OF RESIDENCE

5. In determining the rights of parties under sections 2304–2309 of the Revised Statutes the Civil War is held to have lasted from April 15, 1861, to August 20, 1866; the Spanish war and Philippine insurrection from April 21, 1898, to July 15, 1903. The operations in Mexico or along the borders thereof began May 9, 1916, and continued until the beginning of the war with Germany, April 6, 1917, which was officially terminated March 3, 1921, by Public Resolution No. 64 of that date.

No credit for military service can be given unless the soldier or sailor served for at least 90 days between the dates above mentioned, unless discharged for disabilities or wounds received in line of duty or died while in the service.

In computing the period of service of a soldier "who has served in the Army of the United States," within the meaning of that phrase as used in section 2304 of the Revised Statutes, the entrance of the soldier into the Army will be considered as dating from the time of