--- LIBRARY OF THE UNIVERSITY OF CALIFORNIA. Received Accessions No.^ '^^Sy t^ : 4$ Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/americansettlersOOcopprich THE American Settler's Guide: ^ A POPULAR EXPOSITION OF THE PUBLIC LAND SYSTEM OF THE UNITED STATES OF AMERICA. BY HENRY N. COPP. Editor of Copp's Public Land Laws, (J. S. Minlng^ Decisions, U. S. Mineral Lands, Hand-Book of Mining Law, American Mining Code, and Qopp's Land Owner. •J/-^ ot' 'ma — ^^ university; PUBLISHED BY THE EDITOR, WASHINGTON, D. C 1886. Note. — The references in this book to Copp's Public Land Laws are to the work issued in 1S75. The Land Own^r references herei 11^ from Vols. 2. to 64 CHAPTER IV. PRB-KMPnONS. Homestead and Pre-emption Privileges Compared 66 I. Pre-empHon Claims 66 a. Who are Qualified Pre-emptors 67, 76 b. Settlement and Filing 67, 75, Rulings 67 c. Residence and Improvements 69, 78- Rulings 69 d. Proof and Payment 70 Rulings 73, 79 /. Sale and Forfeiture 74 Rulings 74, 79 II. Pre-emption Homesteads 74 Rulings ^» 75 CHAPTER V. TIMBER CULTUILK. tf. Who May Apply, and for What Kind of Land 81 Rulings 81, 86, 93 b. Application, Entry and Proof 82 Rulings 82, 86, 93 <. Contest and Cancellation 85 Rulings 85* 87. 95 d. Tmal Proof 87, 95 CHAPTER VL JbOSCELLANBOUS. I. Town-sites 97 II. Railroad Grants 99 a. Homestead and Pre-emption Claims in General 99 b. Relinquishment in Favor of Settlers 100 c. Confirmation of Pre-emptions and Homesteads 100 III. State Lands lOI IV. Private Land Claims loi V. Indian Lands 102 VI. Mines and Mineral L^nds , 102 VIL Coal Lands 102 VIII. Stone and Timber Landt 106 IX. Saline Lands 107 X. Desert Lands 108 CHAPTER VII. WHERE TO SETTLE. I. List of United States Land Officers 115 II. List of State Land and Immigration Officers I16 III. List of Railroad Land Commissioners and Agents I17 GENERAL INDEX. PAGS. Abandonment, of Homestead 39 " Pre-emption 74 " Timber Culture Claim 85 Absence, on Account of Grasshoppers, etc 4 Additional Entry — Soldiers* and Sailors' 4^ Under law of March 3, 1879 27 Adjoining Farm Homesteads 27, 37 Agricultural College Scrip lo Lands 7 Alien — See Citizenship 12 Amendment of Entries 3^ Appeals 13 Application Under Homestead Lawrs 25 Timber Culture Law 82 Bounty Lands — See Military and Revolutionary Bounty Land Warranis and Scrip . . 10, 1 1 Cancellation, of Homestead Entry 39 Timber Culture Entry 85 Cash Entry or Purchase 8, 9 Chippewa Scrip 12 Citizenship 12 City 97 Coal Lands 8, 102 Commutation of Homestead Entries 30> 37 Contest of Homestead Entries 39 Timber Culture Entries 85 Corners, How to Tell 1 Manner of Establishing 16,19,2! Cultivation of Homesteads 3*^ Pre-emption Claims , 69 Declaratory Statement — See Pre-emption and Soldiers' Homesteads 42, 66 Desert Lands 8, 108 Double Minimum Lands — Term Explained 9 Drought— Relief 48 Entrj'— Homestead 25, 27, 42, 46 Pre-emption 66, 70 Ordinary Private 9 Timber Culture 81 Fees— For Homestead Entry 26 Pre-emption Entry 66 Private Entry 9 Timber Culture Entry 81 Final Proof— See Proof 35. 7i. 82 Foreigner — See Citizenship 12 Forfeiture of Pre-emption Right 74 Grants — Private lOi Railroad 102 Grasshoppers — Relief 48 Hearing— See Contest 39. 84 Homesteads — Chapter HI 25 Pre-emption 74 vs. Railroads 99 Immigration Officers ^^^ Indians — Homesteads 28 Reservations 102 Indemnity Scrip 11 Laud Officers of United States 1 1 5 (V) vi GENERAL INDEX. PACT?. :«. hand Officers J15 .,.c.Le Land and Immigiation Officers . ri6 Railroad Land C^ommissioners and Agents , . 117 ] ncation 8, 1 o Meandering of Streams 22 Mexican Grants loi Military Bounty I^and Warrants , 10 Mineral Land 8, 102 Minimum Land 9 Oflered'Land ......'..... 8 ()rii:^inal Entry^ — Soldiers' and Sailors' ^2 Foi-terficld Warrant 12 I're-emption Claims 66 IToiiie.'^teads ... 74 ■i's. Railrc^ads 99 Private Entry" .'.'.." 8 ' 'Land . 7 j.and Glaims lOi Land Scrip' (Supreme Co'.nt Scii; 10 Sale' ..:..•. 8 Proof — Iloniest^ad 34 Pre-emiptioh 70 1 imbcr Culture 87 Publication — Notice of Final Proof .,,... 34 Public Land 7 Sale 8 Railroad Grants 99 Land Commi.'sioners and Agents 117 Relief, Special 48 Relinqnishment— Homestead 41 ]'re-emption 74 Timber Culture 89 Residence on Homestead 30 IVe-emption Claim 69 Revolutionary Pounty Land Scrip Ii River? 2Z School Sections loi Sale— Public 8 Private 8 of Homestead Claim 39 ** Pre-emption " 74 Saline Lands • 8, 107 Scrip of Various Kinds 9, 10, 11 Sections — Plow to Subdivide 2;^ liow Numbered 16 To Restore Lost Corners in 23 Soldiers' Homesteads, Original 42 Additional 46 Certificates .12 vState Selections loi Land Commissioners «... 115 Set':lement 66, 113 Stone Lands 8, 106 Surveys 15 Timber Culture Entries . . ■ 81 l>ands 8, 106 Townships — Plow Numbered 16 Townsites 97 Trees, Rearing 19 Unoffered Lands 8 Valentine Scrip , 12 ^^'^arrants , . ^ i.c.. American Se , . i.ER'S Guide CHAPTER I EXPLANATORY. I., Public and Private Lands. All real estate in the United States is either public or private, a. LAXDS NOT PUBLIC. IMvate lands are owned by private persons or corporations, the titles being derived from the General Government or from a Foreign I'ower. Titles derived from foreign governments are protected by t:-eaty, and are either complete or inchoate. Complete titles need no further action on the part of the United States., whereas inchoate (incomplete) titles usually require examina- tion, sur^•eY, and patent (*). To distinguish them from government lands, the tracts donated to the several States by tiie United States, or obtained otherwise as in Texas, are called State lands (*), and are not subject to disposal under the land laws of the United States. b. PUBLIC LANDS. All lands owned by the United States are public lands, though usually those only are so termed which are for sale or other disposal by the Government under general laws ("). In thi« latter sense the term wnll be used throughout this book. The public lands are within the Statej of Alabama, Florida, Illinois, Indiana, Michigan, Mississippi, Ohio, Wisconsin, and all the States and Territories west of the Mississippi River, except Texas, Alaska^ and the Indian Ter- ritory. In phio, Indiana, and Illinois, but little public land is to be foimd, and this is for sale at the General Land Office in Washington. The other public land States and Territories are divided into districts, in each of which is a land office with two officers in attendance, one called the Register, and the other the Receiver. These officers act as agents or salesmen for the Government, and if the sales made by them are approved by the Commissioner~of the General Land Office, patents for the lands are issued to the purchasers. A list of all exist- ing local land offices will be found in Chapter VII. C. KINDS OP PUBLIC LANDS. I. AgricUlttiral Lands are those that will produce agricultural crops. These are disposed of under tife Homestead, Preemption, and Timber Culture laws, and those relating to Public Sale and Private Entry. Grazing lands can be purchased at public sale and private entry («). (*) A land patent is the written document through which the United States transfers to a private part^-, cor- poration, or State, all its right and title in the land described. It is signed by the President, countersigned by the Recorder of the General Land Office, and sealed with the seal of that Office. It is the Government's deed. (*) For the purchase of State lands, see Chapter VI. (') Newhall v. Sanger, Land Owner, Vol. 3, p. 30. (*) A law has just passed opening Alaska to limited settlement. (•) Provided they are "offtrci," otherwise such lunds are subject to entry as agricultural lands. 8 THE AMERICAN SETTLER'S GUIDE. 2. Desert Lands are such as will not produce crops without irrigation or an artificial supply of water. These lands, in the States of California, Oregon, and Nevada, and in the Terrilorifis of Wasliington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, can be purchased under the Act of March 3, 1877. See Chapter VI. 3. Timber Lands are those not fit for cultivation, but valued for the timber growing upon them. The timber lands in Cahfomia, Oregon, Nevada, and Wasliington Territory, are for sale under the law of June 3, 1878. See Chapter VI. 4. Stone Lands are those areas valued for the stone they contain, and are for sale under the same act of Congress as the Pacific Coast timber lands. 5. Coal Lands are the lands valued for the deposits of coal therein. They may be bought under the Coal Act of March 3, 1873, See Chapter VI. 6. Mineral Lands are those tracts which are more valuable for the metals or other min- erals tliey embrace than for agricultural purposes. These lands may be secured under the mining laws, except coal and stone lands, which are sold under separate acts of Congress. Sec Chapter VI. 7. Saline Lands are lands whereon salt springs are found. The act of January 12, 1877, under which salines can be bought, is very restricted in its operations. It does not apply to any lands in the Territories, nor within the States of Mississippi, Louisiana, Florida, California, and Nevada. See Chapter VI. These are the several classes of public lands recognized by and for sale under tlie laws of Congress. They cannot be sold under any state law, and state courts have no authority on the question of title to them until after a patent has issued. They cannot be taxed, though the settler's improvements thereon, having the character of personalty, may be. The settler should not delay securing his patent because he wishes to save taxes. There is too much risk of losing all his improvements by some other party seeking title to the same tract of land. II. Several Terms Explained. The following expressions are often' used : a. PUBLIC SALE. A public sale %i lands is an auction sale. When large bodies of larid are to be sold, a proclamation is issued in the President's name, describing the tracts and stating the time and place of sale. When only a few isolated tracts of land, not embraced in the regular procla- mations, are to be disposed of, a notice to that effect is published in a newspaper in the vicinity. The land is sold to the highest bidder for cash only, which must be paid on the same day. There are few public sales at the present time, as the policy of the Government is to encourage pre-emption and homestead settlement and timber culture. A man who buys land at public sale is not compelled to settle on or cultivate it. "^ b. PRIVATE SALE, PRIVATE ENTRY, AND LOCATION. These three terms mean nearly the same. Where lands are offered at Public Sale and nobody bids for them, they may be bought at any time thereafter at the local land office, if not withdrawn in the meantime from market or reserved for some purpose. TJiis is called a private sale or entry, or when the tract is paid for by a Warrant or Land Scrip it is called a location. In case a tract is withdrawn from market in consequence of an entry after\vards cancelled fw any reason, or through erroneous marks on tlie books of the district office, it is not again sub ject to private entry until restored by public notice of at least thirty days. C. OFFERED AND UNOFFERED LANDS. Offered lands, as may be supposed from the previous statements, are those that have been advertised or proclaimed for sale, but which were not then sold. If not withdrawn or re- served, they remain open to private entry or location. Unoffered lands are sucli as \\'ere iie\er offered. THE AMERICAN SETTLER'S GUIDE. 9 ■ d. MINIMUM AND DOUBLE MINIMUM LANDS. These terms refer to the price of lauds. Minimum (lowest) priced lands, when sold at Private entry for cash, bring one dollar and twenty -five cents an acre ; and this is the lowest vice they are allowed to be sold for at public sale. Lands within railroad limits are supposed to be more valuable on that account, and are rated at two dollars and fifty cents an acre. They are consequently called double-minimum lands. {See act of June 15, 1880 for reduction in price of certain lands.] Under some circumstances, as in case of a withdrawal for railroad purposes, the reserved sections being enhanced in price,*i%quire under the law thatHhey should be re-offered at the enhanced or double-minimum price before being subject again to private entry. III. What Will Pay for Lands. Lands bought at private entry may be paid for wath, i, Cash: 2, Military Boimty Land Warrants: 3, Agricultural College Scrip: 4, Supreme Court Scrip: 5, Indemnity Land Scrip: 6, Revolutionary Bounty Land Scrip : 7, Certificates of Deposits. Valentine Scrip, Porterfield Scrip, Several Private Act Scrips, Sioux and Chippewa Indian Scrips, and Soldiers' Additional Homestead Certificates, will pay for such lands, but as they -can also be located on uA^ffered tracts, and some of them even on unsurveyed lands, tliey sell for several dollars an acre. As the only object in using warrants or scrip for private entry or location is that they can be 'bought of private dealers for less than one dollar and twenty five cents per acre, the minimum price, the high-priced scrips are never used for private entry or location. a. CASH PURCHASES. The applicant will first present a written application to the Register for the district in which the land desired is situated, describing the tract he wishes to purchase, giving its area in the following form : '* CASH APPLICATION. No. . Land Offick at , {Date) , i&— . I, of county, , do hereby apply to purchase the of section , in township , of range , containing — acres, according to the returns of the surveyor general, for which 1 ^ve agreed with the Register to give at the rate of per acre. (Applicant's name) . I, , Register of the land office at , do hereby certify that the lot above described contaiw acres, as mentioned above, and that the price agreed upon is per acre. , Regiiier. Thereupon the Register, if the tract is vacant, will so certify to the Receiver, stating the price, and the applicant must then pay the amount of the purchase money. The Receiver will then issue his receipt for the money paid, giving to the purchaser a dupli cate or copy of the receipt as follows : CASH RBCBIPT. No. . Receiver's Office at , {Date) , i8— . Received from , of county, , the sum of dollars and cents; being in full for the quarter of section No. , in township No. , of range No. , containing acres and hundredths, at % per acre. , Receiver. At the close of the month the Register and Receiver will make returns of the sale to the General Land Office at Washington, from which, when the proceedings are found regular, a patent or complete title will be issued. "WTien patents are ready for deliveiy, they vnll in all cases be transmitted to the local office where the location or entry was made, where they can be obtained by the party entitled thereto, upon surrender of the duplicate receipt, or certificate, as the case may be ; unless the duplicate shall have been presnously filed in the General Land office, with a request that the patent . be delivered to a certain party, or sent to a specified place. In no case >vill the patent be delivered either from Washington or the local office except upon receipt .of such duplicate, or, in case of its loss from any cause, upon the filing of an affidavit made by the present bona fide owner of the land, accounting for the loss, and also showing ownership of the tracts or a portion thereof embra ced in the patent. 10 THE AMERICAN SETTLER'S GUIDE. Eormer]}-, when tlie duplicate was duly assigned by the locator, by a valid transfer in accord ance with the laws governing transfer of real estate in the State where the land is situated, such assignment was recognized and patent issued accordingly, ])rovided the duplicate with the assignment thereon was filed in the General Land Office prior to the issuing of patent ; but in \o case will a patent l>e issued hereafter to an assignee. Ufiless the law" governing thfe entry in question contains an exjiress provision for the issuance of patents to assignees. Transfers of this kind must In all cases comj^ly strictly ^^*itih the law of the place, and if the assignor be a married man, and the statute requires the wife to j>^in in the deed, it must be complied with, and in case of failure in this or other vital j)oint,' the pj^tent will issue only in the name of the Driginal purchaser. />. LOCATIONS Wl i . . ^> . ^ .. .V ■•. .^ . .^. Military Bounty-Land Warrants are issued by the Commissioner of I'ensions for services in the several wars before 1855. . J»Jo warrants are issued for services during the late civil war. These warrants call for 40, 60, 80, 120 or 160 acres of land, and being assignable can l>e located by a pureliaser. Warrants and the several kinds of scrip should be bought only of res]X)nsible dealers, -v^alh a written guarantee that, in case of error in the assignment or other defect, or occasional forgtjy; the settler will not lose anything there'ny. Ihe market price of warrants is from $\ .00 to $1.20 per acre. Application- must be made as in cash cases, Init must 1)e accomj^anied by a warrant duly/- assigned as the consideration for the land; yet where the tract is $2.50 peif-acrCj the party, in addition to the surrendered warrant, must pay in ras// $1.25 per acre, as the warrant is in satis- faction of only so many acres at $1.25 per acre, or furnish a warrant of such denomination as will, at the legal value of $1.25 per acre, cover the rated price of the land. For example: a tract of 40 acres of land, held at $2.50 per acre, can be paid for with a warrant calling for 40 acres and the payment of $50 in cash, or by surrendering an eighty-acre warrant for the same — the 40 acres to be in full satisfaction for the said location. Or a tract of 80 acres, rated at $2.50 per acre, can be paid for by the surrender of two eighty-acre warrants. If there is a small excess excess in the area of the tract over the quantity called for on the face of the war rant in any case, such excess may be paid for in money. A du})licate certificate of location will then be furnished the party, to be held until the patent is delivered, as in cases of cash sales. The following fees are chargeable by the land officers, and must be /<2zV of the time of iocafum : For a 40-acre warrant, 50 cents each, to the Register and Receiver — total, $1.00. For a 60-acre warrant, 75 cents " " , " " 1.50. For an 80-acre warrant, Jioo " " " " 2.00. For a i2o-acrewarrant,5Ri.5o " " " " 3.00. Fora 160-acre warrant,$2.o(? " " " " 4.00. C. AGRICULTURAL COLLEGE SCRIP. This scrip was issued under the Act of Congress of July 2, 1862, for the establishment of Agricultural Colleges. There is verj' little of it now in market, and it is valued about the same as warrants. The manner of proceeding to acquire title with this class of paper is the same as in Cash and Warrant cases, the fees to be paid the land officers being the same as on warrants. Only three sections in each township and one million acres in any one state can be located at private entry with this scrip. It is restricted in this class of entries to a technical "quarter-section," that is, land embraced by the quarter-section lines indicated on the official plats of survey; or it may be located on a part of a "quarter-section" where such part is taken as in full for a quarter; but it cannot be applied to different sub-divisions to make ar area equivalent to a quarter-section. d. SUPREME COURT SCRIP. This scrip is issued by the General Land Office, imder decrees of the United States Supreme Court, pursuant to Acts o?" Congress, to satisfy land claimants in Florida, Louisiana and Missouri, whose land has been sold, or otherwise disposed of, by the government. At ,..-.. -^..,. .. ............le'only uf>on minimum y. — 3^ a..c law autliorizes collected Ihereon by the local officers. The market price is ^i.K to ^1.20 per ler the scrip, and make application according tc the following loij;. ACi - I' rr.iSTER AND Rkceutci No -. . Scrip issued by virtue of a decree rciidccJ on the fiay of , Ly tljc Supreme Court of the United ates, for the claim of or legal representatives. 1, , hereby apply to locate with the above-dcscrihe ! rcrtificr-.te quarter of Section No. — -, in Township No. , of Range No. , containing district of lands subject to snl* Witness my hand this day of . A. D., 1S8 — . Attest : . CApplicant.) , Re^sier. . Eecei-.er. A c.r. :;-..' •- duplicate or copy being gi\ 1 be held L; f title Uiiiil the patent shall be issued : ACTS OF Jl> /" "' JirXE 10, 1S72. Certificatb of Entry. V Rbgister No. . J Register's Office, At , , i83— I certify that certificate of location, No , f^r acres, issued by virtue of a decree rendered on tie d.iy of , by the Supreme Court ol the United States, has this day been located by on e quarter Section No. , in Township No. , of Range No. — —, containing acres. , Register. e. INJ^ilNITY LAND SCRIP These certificates of location, issued under the act of June 2, 185S, are used precisely in the same manner as the Supreme Court scrip. The application and certificate are the same with, a fevc verbal changes. /. REVOLUTIONARY BOUNTY LAND SCRIP. This scrip is issued by the General Land Office in satisfaction of Virginia land-warrants. It is " receivable in payment of any lands owned by the United States subject to sale at private entry," and can be applied at the rate of $1.25 per acre, in the same manner as money, in all cases where the tract applied for contains the area specified in the scrip, or more ; where it contains less, the excess of the scrip cannot be refunded in money, but may be donated in the relinquishment as applicable to any other tract. There is very little of this scrip in the market. g, CERTIFICATES OF DEPOSIT. As set forth on page 22, settlers may have their lands surveyed in advance of the regular surveys by depositing the amount necessary therefor. The certificate (triplicate) may be assigned by the settler if not used in payment of his o\^^^ land, and the assignment need not be sworn to, but simply indorsed on the certificate. These triplicate certificates are receivable from any person in payment for lands taken under the preemption and homestead laws, but not foi lands taken under any other laws. Where the amount of a certificate or certificates is less than the value of the lands taken, the balance must be paid in cash. Assignments may be made to more than one person. Settlers should m^ke deposits in sums not to exceed two hundred dol- lars. These certificates can now be used only in the land district where issued. h. OTHER KINDS OF SCRIP. The other kinds of scrip heretofore named are used by speculators almost exclusively to {ocate valuable tracts of land that, as a rule, have been overlooked or not entered previously though some error or misunderstanding. Settlers therefore have no special interest in them: though they should bear in mind that unless they strictly comply with the law in the matter of filing their preliminary declarations, they are liable to have their improvements taken from them by speculators by the use of these several kinds of scrip. 12 THE AMERICAN SETTLER'S GUIDE. Valentine, Sioux, and Chippewa Scrips can be located on unsurveyed land that is unoccu- pied, unimproveB, and non-mineral in character. Porterfield warrants, Soldiers' Additional Homestead Certificates, and Private Act Scrips in general, can be located on unoffered land subject to Homestead Entry. Parties who wish to purchase Military Bounty Land Warrants, Supreme Court, Valentine, or other Scrips, or Soldiers' Additional Homestead Certificates, will address Editor of this Guide. See advertisement at end of book. IV. Citizenship. As aliens cannot acquire valid titles to real estate under the preemption, homestead, and other laws, the privileges of which are restricted to citizens, or those who have declared their inten- tion to become such, it is important that foreigners seeking identification with the American community should be advised of the legal steps necessary to acquire citizenship. Any free white alien, over the age of twenty-one years, may at any time after arrival declare before any court of record having common law jurisdiction (with a clerk or prothonotary and seal) liis intention to become a citizen, and to renounce forever all foreign allegiance. The declaration must be made at least two years before application for citizensliip. At the expiration of two years after the declaration, and at any time after five years' residence, the party desiring natur- alization, \ithen not a citizen, denizen, or subject of any country at war with the United States, should appear in a court of record, and there be sworn to support the Constitution of the United States and renounce foreign allegiance. If he possessed any hereditary title or order of nobility, such also must be renounced, and satisfactory proof produced to the court by the testimony of witnesses, citizens of the United States, of the five years' residence in the country, one year of which must be within the State or Tenitory where the court is held, and that during the five- year period he was a man of good moral character and attached to the principles of the Con- stitution ; whereupon he will be admitted to citizenship, and thereby his children under twenty- one years of age, if dwelling in the United States, will also be regarded as citizens. Where the alien has made his declaration and dies before being actually naturalized, the widow and children become citizens of the United States, and entitled to all rights and privi- leges as such, upon taking the prescribed oaths. Ally free white alien, being a minor, and under the age of twenty-one years at the time of arrival, who has resided in the country three years next preceding his majority of twenty-one years, may, after reaching such period and on five years' residence, including the three years of his minority, be admitted to citizenship without a preliminary declaration of intentions, provided he then makes the same, averring also on oath and proving to the court that for the past tliree years it had been his intention to become a citizen ; also showing the fact of his resi- dence and.good character. Children of citizens of the United States bom out of the country are deemed citizens, the right not descending, however, to persons whose fathers never resided in the country; and any woman who might legally be naturalized, married, or who shall be married to a citizen of the United Stales, is held to possess citizenship. An alien, twenty-one years and over, who enlists in the regular or volunteer army, and is honorably discharged therefrom, may be admitted to citizenship upon his simple petition and satisfactory proof of one year's residence prior to his application, accompanying the same with proof of good moral character and honorable discharge. Proof of his citizenship may be procured from any court of record having common law juris- diction, with a clerk and prothonotary and seal. It will be perceived that sei-vice alone does not secure citizenship. The petition and proof to the satisfaction of tlie court are essential, and citizenship thus obtained is necessary before homestead entry can'be perfected. V. Presentation of Appeals. Any person making apphcation to file upon or enter a tract of public land, having complied with the law and regulations touching the presentation of such application, and feeling aggrieved by the refusal of the Register and Receiver to recognize his claim, or by any order. THE AMERICAN SETTLER'S GUIDE. IS direction, or condition affecting the same, may appeal from the action of those oflScers to the Commissioner of the General Land Office, who is by law invested with the supervision and control of all matters relating to the disposal of the public land, subject to the direction of the Secretary of the Interior. The decision of the local officers is final if not appealed from within thirty days. For the purpose of enabling such appeal to be taken and perfected, the Register and Receivo will indorse upon the written application the date when presented and their reasons for refusing it, promptly advising the party in interest of the facts, and note upon their records a memoran dum of the transaction. The party aggrieved will then be allowed thirty days from the receipt of notice of such action, within which to file his appeal to the Commissioner. The appeal must be in writing, definitely setting forth in clear and concise terms the spccifkf points of exception to the decision appealed from, and the reason or reasons upon which such exceptions are based. Of the sufficiency of such appeal the General Land Office will be the judge, and will div miss from further notice any case wherein the appeal is based upon frivolous grounds, or where the proper formalities and grounds are wanting, unless, in the record itself, either of the ca-se or upon the books of this office, some sufficient cause shall be found for further consideration under the general power of supervision vested in the Commissioner by law. Upon objection to the finding of the General Land Office regarding an appeal, the matter will be reported to the Honorable Secretary of the Interior for his direction therein. The i^ppeal must in all cases be filed with the district officers, to be forwarded by them with a ftiU report of the case to the General Land Office. This report should recite the proceedings had, to wit : The application and rejection, with the reasons therefor, and also the status of the tract involved, as shown by the records of the office, together with a reference to all entries, filings, annotations, memoranda, and correspon- dence shown by such record relating thereto, so as to direct the attention of the Commissioner to all the material facts and issues necessary to a proper determination of the questions presented. No appeal from the decision of the Register and Receiver will be received at the Genera] Land Office unless forwarded through the local officers in the manner herein prescribed. The report should be forwarded at orce upon the filing of the appeal, except in contested cases after regidar hearing, when, unless sJl parties request its earlier transmission, it should not be made until the expiration of the tnirty days included in the notice, in order that al> parties may have full opportunity to examine the record and prepare their argument upon the questions at issue. All documents once received must be kept on file with the cases, and bo papers will be allowed under any circumstances to be removed from such files or taken from the custody of the Register and Receiver ; but access to the same under proper rules, so as not to interfere with necessary public business, should be permitted to the parties ia interest, under the supervision of those officers. Upon any question relating to the disposal of the public lands, appt'.'J from the decision of the Commissioner of the General Land Office will lie to the Secretary of the Interior (Revised Statutes, sees. 441, 2273), except in cases of interlocutory orders and decisions, and orders for hearing, or other matters resting in the sound discretion of the Commissioner. Such btter cases constitute matters of exception, which should be nc^ed, and fliey will be considered by the Secretary on review. The appeal is required to be made in writing, fairly and specifically stating the points of ex ception to the decision appealed from, and must be filed either with the Register and Receiver for transmission, or with the Commissioner, within sixty days from receipt, by the party or his attorney, of the notice of the decision. After appeal is filed, the fact of its receipt and pendency will be promptly communicated to the district office and to the parties, and thirty days from service of such notice will be allowed for the filing of argument en the points involved in the controversy. At the expiration of the time prescribed, the papers and record will be forwarded to the Secretary of the Interior. All arguments must be filed with the Commissioner within the time specified in the notice, in orviei that they may be referred to and considered in transmitting the ca&e to the Secrciar)-, if deemed expedient by the Commissioner. Examination of cases on appeal to the Secretary will be facilitated by filing in printed form such a,rgmnent as it is desired to liave considered. Decisions of the Commissioner not appealed from, within the period prescnbed, become final, and the case will be regularly closed. (Revised $tatViti;s, sec: 2273.) The decision, of the Secretary is necessarily final, so far as respects the action of tlie Executive. VI. How Much Land One Person Can Take. To obtain the largest amount of land from the Government at the least cost, a party should first enter 160 acres under the preemption laws (Chapter IV), which will cost ^1.25 or $2.50 an acre; then enter 160 acres more under the homestead laws (Chapter III), and also make entry of 160 acres under the timber culture laws (Chapter V), where the land is' naturally devoid of umber — 480 acres will thereby be secured at an average cost of about 50 cents an Acre. The usual way is to make an entry under the homestead laws, and at once another entry dnder the timber culture laws, because it is cheaper to do so, and there is no delay to prove up ander tlie preemption laws — 320 acres will thereby be obtained at a cost of $36 for fees and commissions — which is equal to about 1 1 cents an acre. An entry can thereafter be made under the desert land laws of 640 acres, and one entry is allowed under each of the several laws mentioned in Chapter VI. Under the mining laws as many entries are allowed as a party owns legal claims. After an entry has been made under the preemption, homestead, and timber culture laws, the same person may buy as much land at public sale and private entry — also of the State government, corporations, and individuals — as his means and inclination permit. yil. Definitions. — What Can be Done by an Agent. A Declaratory Statement is a written notice that the party making it claims certain land. He files it in the. local land office, and it reserves the land for a certain length of time, according to the law under .which he claims. • No title or vested right is secured thereby, as it is simply a notice or warning to the worldof his claim. See Forms on pages 44, 62, d^^^ 66, 67, 105. An Application is a .written offer to purchase, describing the land and signed by the appli- cant. See pages 9, Li, 25, 27, 44^ 47, 82, 106. An Entry, on the other hand, is tliat act whereby a tract of public land becomes private property, when a qualified party pays the government officers the required fee,- commission, cash or equivalent, and the certificate and receipt as evidence of the proceeding are issued in accordance with law. No person can make homestead, pre-emption, or timber culture entry by an agent ; that is to say, an agent cannot sign the applicant's name nor swear to the necessary papers. A claimant cannot make such entry except when within the limits of the land district wherein the desired land is situated. Entry papers after being properly prepared may be presented at the local office by an agent, and the fees and commissions may be paid by the agent. A Declaratory Statement may be filed under tlie Soldiers' and Sailors' Homestead Law, but not under the other homestead laws. Agency is recognized in making and filing such De- claratory Statement. See pages 44, 62, 63. , A pre-emption Declaratory Statement cannot be signed by an agent. See pages 66, 67. The only other law under which a declaratory statement is allowed is the Coal Land law. See page 105. Under the Desert Land Law, is a declaration of proposed reclamaticn. See page 108. An agent cannot make either of these (except in case of a corporation.) From the above it will be seen that an agent or attorney can do but little more than assist a settler. A party must go to the land he desires, and settle upon and cultivate it personally under the pre-emption and homestead laws. Under the timber culture law the claimant after making the entry may leave the entered land in charge of an agent to cultivate and set out the trees. JBut the claimant is -held responsible for the proper care of the trees, and lus entry will be liable to contest if the la\v is not comphed with. CHAPTER II. UNITED S FATES SYSTEM OF SURVEYS. How to Find' a Tract of Land. The beginning or initial point for the surveys within a given surveying district having been determined upon, a principal base line (see diagram, line A B,) is surveyed on a true par- allel of latitude east and west therefrom. The principal meridian (see diagram, line C D,) is extended due north and south of the same point. The law requires that the meridional lines sliall be run on the true pieridian; therefore, m order to counteract the error that would otherwise result from the copvergency of meridians as they run to the north pole, and also to check errors arising from ijiaccuracies in measurements on meridian lines, standard parallels or correction lines (see diagram, lines E F and G H,) are run and marked at every four townships, or twenty-four miles, north of the base, and at every five townships, or thirty miles, south of the same. Guide meridians (see diagram, line I K,) are next surveyed at intervals of eight ranges, or forty-eight miles, east and west of the principal mendian, starting north of the base, in the first instance, from that line, and closing on the first standard north ; then starting firom. the first standard, and closing on the second standard north, and so on. Soutli of the base fine the guide meridians start from the first standard south and dose on the base line; then starting from the second standard and closing on the rusi standaKl, and, again, starting from the third standard and closing on the second, and so y>\\. The closing corners on ,the base line and standard parallels are estabhshed at llie inter- sec^on of the meridional lines therewith, thus, owing to the convergency of meridians, occasioning a double set of comers on those lines, which are designated as "standard comers" and "closing comers." In nigged mountain regions it has been found necessary to depart somewhat from the regular systeiu of extending tlae standard lines, owing to the imprac- ticability of surveying them in place. Under diese circimistances, the principal hues are run and marked in localities admitting of the extension, by means of offsets on township lines, marking tlaem as such in the field. The parallelograms formed by the base, line, principal meridian, standard parallels, and guide meridians, twenty-four by forty-eight miles in extent, north of the base line, a»d thirty by forty-eight miles south of the base, constitute the frame-work of the lectangular system of surveys. 'These parallelograms are each subdivided into townships six miles square, containing, as near as may be, 23,040 acres, and again each township is subdi\-ided into thirty-six sections one mile square, containing, as near as practicable, 640 acres each. The sections of one mile square are the smallest tracts the out-boundaries- of which the law requires to be actually sur- veyed. Their minor subdivisions are defined by law, and the surveyors-general, in protracting ■:ownship plats from the field-notes of sections, designate them in red ink, the lines behig imaginary, connecting opposite quarter-section comers, thereby dividing the section into four quarter-sections of 160 acres, and these, in their turn, into quarter-quarter sections of 40 acres each, by imaginary hnes starting from points equitlistant between the section and^^ quarter- section comers, and running to opposite corresponding points. These imaginary lines maijr at any time be actually surveyed by the county surveyor at the expense of the settler. . , The sections in each township are numbered, begiimingin the north-east comer, firom l to 3 ') inclusive, as shown in the township plat on the next page. Sections 16 and 36 are called i lifjol sections, and if agricultural belong to the Stale or are reserved in a Territory-, for school 16 THE AMERICAN SETTLER'S GUIDE. purposes. They can only be bought at the State Land Office, unless they contain minerals of were settled upon prior to survey, when they are sold at the United States Land Office. The sections on the northern and western boundaries of a township are fractional, /. ^., they do^ not contain exactly 640 acres. The small fragments are called Lots, and are numbered from A TOWNSHIP. ^ upwards in each section. Fre- North. quently sections in the interior artf fractional on account of lakes, res- — I ervations, and other causes. HOW TOWNSHIPS ARE NUMBERKIX A tier of townships running north and south is called a range^ and each range is numbered as it is east or west of the Principal Meridian. Each township is also numbered as it is north or south of the Base Une. A glance at the diagram oft dit following page will illustrate the method of distinguishing town- ships. 5 N means a fifth township north of the base line. 2 S means a second township south of the base line. 5 E means a township in range 5 east of the Principal Meridian. 2 W means a township- 6 5 4 3 2 Viz 7 8 9 10 II 12 18 17 16 15 14 »3 19 20 21 22 23 24 30 29 28 27 26 25 31 3a 33 34 35 36 South. Jn range 2 west of the Principal Meridian. Hence the township in the extreme northeast comer of the Diagram is Township 5 North of Range 8 East. The Principal Meridian is named, if otherwise there is a possibility of mistake. The 40-acre tract in the extreme south- west comer of sdiool section 16 in the -same township would be described thus: The south- west quarter of the south-west quarter of section 16, in Township 5 north, of Range 8 East (Mount Diablo Meridian, California), in figures, it would be written S. W. >^, S.W. j^. Sec, 16, T. 5 N., R. 8 E., M. D. M. Where would you find the following tract ? N. E. X, S. E. X» Sec. I, T. 2 S, R. 6 E. — Ans. It is marked on the Diagram with an X, and on the Town- ship plat with a square. HOW TO TELL CORNERS. The following extracts from the Manual of Surveying Instructions illustrate the manner of establishing the comers of the public surveys : MANNER OF ESTABLISHING CORNERS BY MEANS OF POSTS. Township, sectional or mile comers, and quarter sectional or half mile comers, will be per- petuated by planting a post at the place of the comer, to be formed of the most durable wood of the forest at hand. The posts must be set in the earth by digging a hole to admit them two feet deep, and must be very securely rammed in with earth, and also with stone, if any be found at hand. The portion of the post which extends above the earth must be squared off sufficiently smooth to admit of receiving the marks thereon, to be made with appropriate marking irons, indicating what it stands for. Thus the sides of township corner posts should square at least fotir inches, (the post itself \it\sag five inches in diameter,) and must protrude two feet at least, above the ground; the sides of section comer posts must square at least three inches, (the post itself being four inches in diameter,) and protrude two feet from the ground ; and the quarter sec" Hon comer posts and meander corner posts must be three inches wide, prexnting fiattened $xii* feces, and protruding two feet from the ground. THE AMERICAN SETTLER'S GUIDE. 17 DIAGRAM Illustrating the frame-work of Public Surveys in the United States. ( 1 I 5JV. dE. Js -* 4M sm 1 as. ±w IE. f . ^ IS. IE. h ZS. J.E. /▼ - 2W 1 C JO A. J5 — Principal Base. C JO — Principal Meridian. E J^— First Standard Parallel North (or Correction line), O JT— First Standard Parallel South. X JK. — First Guide Meridian East. 18 THE AMERICAN SETTLER'S GUIDE. Where a township post is a corner common to four townships, it is to be set in the earth diagonally, thus : j^ On each surface of the post is to be % marked the number of the panicular township and its range, which it fa). This is conceded to the extent of one hundred and sixty acres of minimum lands, and one hundred and sixty acres of the even sections (/. ^., 2, 4, 6, 8, etc.,) of townships within railroad or military road grants(*). Only eighty acres of double minimum lands of the odd sections within such grants not belonging to the road, or eighty acres of odd or even sections within grants for other purposes, can be entered tmder the Home- stead Laws. In Missouri and Arkansas, by Act of Congress of July i, i879(*), a qualified applicant may enter one hundred and sixty acres of the odd sections within the limits of grants of the even sections to raihoads and military roads. a. APPLICATION AND ENTRY. In connection with an application in the following form : Application ) Land Officb at , No. . / . {Date\ , i8— . I, , of , do hereby apply to enter, under section 2289 of the Revised Statutes of the United States, the of section , in township , of range , containing acres. Land Office at {Date) I, , register of the land office, do hereby certify that the above appHcation is for surveyed land* of the class which the applicant is legally entitled to enter under section 2289 of the Revised Statutes of the United States, and that there is no prior, valid, adverse right to the same. , Register. (•) The present Secretary of the Interior, who decides all questions coming before him from the General Land OflBce, is a native of Germany. The Commissioner of the General Land Office, next preceding the present one, was a native of England. The late General Shields, another Commissioner of the General Land Office, was a native of Ireland. — [This statement was made in February, 1880.] (*) Mineral lands in Kansas, Missocri, Michigan, Minnesota, and Wisconsin, may be included in Homestead entries. (•) In Alabama and Mississippi, and dsewhere, except Missouri and Arkansas, where the even sections were granted and the odd reserved, only eighty acres of double minimum lands can be horaesteaded, except by soldten and sailors, their widows and orphan children. General Land Office Instructions, September 1, 1879, p. 11. (^) LaTid O-amer, Vol. 6, p. 83. f20 THE AMERICAN SETTLER'S GUIDE, The party must present the following affidavit : -, of- Land Office at • I a-. -, having filed my amplication. No. , for an entry under Section 2289 of the R©» Tised Statutes of the United S»»tes, do solemnly swear that [here state whether the applicant is the head of a &mily, or over twenty-one years of age ; whether a citizen of the United States, or has filed his declaration of intention of becoming such ; or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war; that said application. No. , is made for his or her exclusive benefit ; and that said entry is made for the purpose of actual settlement and cultivation, and not, lirectly or indirectly, for the use or benefit of any other person or persons whomsoever], and that I have not ieretofore had the benefit of the homestead laws. Sworn to and subscribed, this day of - -, before Register [or Receiver], He must thereupon pay the legal fee and that part of the commissions which is payable when Hie entry is made, as given in the tables below : For homestead entries on lands in Michigan, Wisconsin, Iowa, Missouri, Minnesota, Kansas, Nebraska, Dakota, Alabama, Mississippi, Louisiana, Arkansas, and Florida, commissions and fees are to be paid according to the following table. Commissions. Fee. Class Total Acres. of sum land. Payable ta/ien Payable when Payable when paid. 1 entry is made. certificate issues. entry is made. 160 $2 50 $S 00 $8 00 $\o 00 jg26 00 80 2 50 4 00 4 00 5 00 13 CX) 40 2 50 , 2 00 2 00 5 00 9 CXD 160 I 25 4 CXD 4 00 10 00 18 00 80 I 25 2 00 2 00 5 00 9 00 40 I 25 I 00 I 00 5 00 7 00 In addition to the States and Tenitories above named, the same rates will apply to Ohio, Indiana, and Illinois, if any vacant tracts can be found liable to entiy in these three States, where but very few isolated tracts of public land remain undisposed of. All entries in these last-named States are made at the General Land Office in Washington. . In the Pacific and other political divisions, zdz.: on lands in California, Nevada, Oregon, Colorado, New Mexico, and Washington, and in Arizona, Idaho, Utah, Wyoming, and Mon- Uina, the commissions and fees are to be paid according to the following table: Commissions. Fee. Class Total Acres. of sum land. Payable when Payable when Payable when paid. entry is viade. certificate issues. entry is made. 160 $2 50 $12 00 $12 00 $\0 QQ $34 00 80 2 50 6 00 6 00 500 17 00 40 2 50 3 00 1 3 00 5 00 II 00 160 I 25 6 00 6 00 10 00 22 GO 80 I 25. 3 00 3 00 5 00 II 00 40 I 25 I 50 I 50 5 00 8 00 Where the applicant has mads actual settlement on the land he desires to enter, but is pre- vented by reason of bodily infirmity, distance, or other good cause, from personal attendance at the district land office, the affidavit may be made before the clerk of the court for the county witliin which the land is situated. In this affidavit it must be shown that the party's family or some member thereof is residing upon the land, and that a bonafiide settlement and improve- ment have been made thereon. The cause of the applicant's inability to be present at the land office must be satisfactorily shown. THE AMERICAN SETTLER'S GUIDE. 2'< ADJOINING FARM HOMESTEADS. An applicant owning and residing on an original farm, may enter other land lying cc»n tiguous thereto, which shall not, with such farm, exceed in the aggregate 1 60 acres. Thus. for example, a party owning or occupying 80 acres may enter 80 additional, without regard to price, whether held at ;Ji.25 or ^2.50 per acre; or, if owning 40 acres, he may enter 120 acres additional of land held at $1.25 per acre, or of land held at I2.50 per acre, where 160 acres is now the maximum quantity of double minimum land subject to homestead entry, bat cannot exceed the maximum of 80 acres where the land proposed to be entered is held at $2. 50 per acre, and where 80 acres is still the legal maximum in reference to that class of lands (•). In applying for an entry of this class, the party must make affidavit, as follows, describing the tract which he owns and upon which he resides as his original farm : AFFIDAVIT. Land Office at , (.Date) , 18—. of , having filed my application No. , for an entry under the provisions dk the Act of Congress approved May 20, 1862, entitled, "An Act to secure homesteads to actual settlers on the piiblic domain," do solemnly swear that , [here sute whether the applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such, or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war;] that said entry is made for my own exclusive t)enefit, and not directly or indirectly for the benefit or use df any other person or persons whomsoever; neither have I heretofore perfected or abandoned an entry made under this act ; that the land embraced in the said application No. is intended for an adjoining farm homestead, that I now own and reside upon, an original farm contain- ing acres, and no more : that the same comprises the of section , township , range , and is contiguous to the tract this day applied for. Sworn to and subscribed this day of before 0/ tfu iMttd Offici On compliance by the party with the foregoing requirements, relating to an original or adjoining farm homestead, the receiver will issue his receipt for the fee and that part of the commissions paid, as folloAvs, a duplicate of which he will deliver to the party : Receiver's Receipt, No. . Application No. . HOMESTEAD. Receiver's Office, {Date) Received from ' , of county, , the sum of dollars and cents, being the amount of fee and compensation of register and receiver for the entr>' of of section in township , of range , under section , Revised Statutes of the United States. , Receiver. ENTRIES UNDER LAW OF MARCH 3, 1879 (*). Any person who has under existing laws taken a homestead on any even section within the limits of any railroad or military road land grant, and who by existing laws shall have been restricted to So acres, may enter under the homestead laws an additional 80 acres adjoining the land embraced in his original entry, if such additional land be subject to entry, without payment of fees and commissions. The residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional entry, and shall be deducted from the five years residence required by law; with the proviso, however, that in no case shall patent issue until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced in his additional entry at least one year. Upon any party proposing to enter such additional tract, the Register and Receiver will require him to mak? homestead application and affidavit according to annexed forms : ADDITIONAL HOMESTE.\D. — ACT OF MARCH 3, 1 879. Application ) Land Office at , {Date) . do Iiereby apply to enter, under the act of March 3, 1879, the of sec*io» -, in township , of range , containing acres, as additional to my entry No. , for the of , section , in township , of range . (»> General Land Office Instructions, October i, 1880, p. 19. 28 THE AMERICAN SETTLER'S GUIDE. Land Office at (Date) I,' , Register of the Land Office, do hereby certify that the above application is for surveyed lands, of the class which the applicant is legally entitled to ej^ter under the act of March 3, 1879, and that there is no ■orior valid adverse right to the same. , Renter. ADDITIONAL HOMESTEAD. — ACT OF MARCH 3, 1 879. AFFIDAVIT. Land Office at , {Date) , 18—. I, , of , having filed my application, No. , for an entrj' under the Act of March 3, 1879, do solemnly swear that [here state whether tlie applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such; or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war] ; that said application No. is made for my exclusive benefit ; and that said eniry is jnade for the purpose of actual settlement and cultivation, and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever, and that I have not heretofore had the benefit of said act. Sworn to and subscribed, this day of , before Register [or Receiver]. In this class of entries the party, if still resident on the original entry tract, will not be re- quired to remove therefrom to the additional entry tract in order to make a ncM^ residence on the latter, as the two forming one body of land, residence on either will be regarded as satisfy- ing the legal requirement ; but in making final proof on the additional entry, the party must show such residence, with occupancy and cultivatioa of the tract taken as additional for five years from the date of entry thereof, less the time to be deducted on account of residence and cultivation on the original entry, which shall not exceed four years in any case. Should the person so elect he may, instead of making an additional entry, sun-ender his existing entry to the United States for cancellation, and thereupon be entitled to enter lands ander the homestead laws the same as if the surrendered entiy had not been made, with the same provisions, as regards fees and commissions not being required, and requiring settlement and cultivation, occupation and residence, as have been already stated with regard to additional entries. In case of any party electing to surrender his entry under this act, the Register and Receiver will receive his relinquishment in the usual form, which shall specify for what purpose made, and be accompanied by the duplicate receipt issued foij the reUnquished entry, or by a statement under oatli showing a good reason for its absence. Any party claiming the right to make an additional entry or to surrender an old and make a new one, will be required first to make afiidavit that he did not serve as a soldier or sailor for ninety days during the late civil war and receive an honorable discharge from the Army or Navy ; for if so, he would not be entitled to the right claimed, as the class of persons who so served and were discharged were not restricted to eighty acres under the previously existing laws, as indicated below. This afiidavit may be made before any officer using a seal and autliorized to administer oaths, or before the Register or Receiver of tlie district office. INDIAN HOMESTEADS. Indians who have abandoned their tribal relations and adopted the habits and pursuits of civilized life are allowed to make homestead entries. Special forms are provided in such cases. RULINGS. Below will be found abstracts of decisions made by the Interior Department and the General Land Office on applications to enter land under the homestead acts : A single woman who makes an entry under the homestead laws does not forfeit her rights by marriage, provided the requirements as to settlement and cultivation are complied with(»). A married woman deserted by her husband made a homestead entry and provided me;ins for improving and cultivating the land embraced therein. Notwithstanding her husband's return, she will, upon making satisfactory final proof, receive the patent in her own nameC*). The marriage of a woman to a Mormon, who has a wife living from whom he is not di- f») W. H. Werdelange, f^ifui 0'7,me,-, \') Ella Nelson, Lan^ Chvner, Vol. ., p. 4. THE AMERICAN SETTLER'S GUIDE. 2'.> vorced, does not make her the legal wife of such person, so as to disqualify her from enterimi public lands. But where such polygamous wife allows her pretended husband to control her acts, and maintains her marital relations with him, she cannot be allowed to make an entry of pubhc lands, where the laws governing the same require that the entry must be made foi the exclusive use and benefit of the apphcant(*). An abandoned wife is regarded as the head of a family, and her rights will receive .due consideration. WTien she and her children are still residing upon the homesftad entered by her absent husband, the entry cannot be cancelled for abandonment(^). A woman may commute her deceased husband's entry and receive a patent in Iier own name, and aftersvards may make another homestead entry in her own right {**). Tlie entry of a minor, rot the head of a family, is void, and does not exclude him from aking a leijal entry on attaining his majority(*^). Orphan children of other than deceased Union soldiers and sailors, whose widows are dead or married, cannot make homestead entries through guardians(«). A homestead entry cannot be made for an " incompetent" person by his guardian(^. • It is no part of the duties of the registers and receivers of the United States Land Offices to nmke out applications for homestead or pre-emption settlers(e). In cases of simultaneous applications to enter under the homestead laws, the rule is as follows : 1. Where neither party has improvements on the land, it should be sold to the highest bidder. 2. WTiere one has actual settlement and improvements, and the other none, it should be awarded to the actual settler. 3. Where both allege settlement and improvements, an investigation must be had, and the land be awarded to him who shows the prior actual settlement and substantial improvements, so as to be notice on the ground to any competitorC^). In case of death of homestead settler, leaving no widow or children, the legal heirs may commute or continue residence; the final papers will then be made out in the name of "the heirs," The heirs would not be debarred thereby from making each a homestead entry in his own name(*). A party who neglects to examine the character of land entered by him under the homestead laws must suffer the consequences. He cannot be allowed to make another entry (J) . \Vhere a homestead claimant's land has become totally valueless for farming purposes by reason of the overflow or back water of a river, he will be allowed to make another homestead entry, with credit for fees and commissions. In the event of a new homestead entry, he will be required to show compliance with the law as though he had made no previous entry (*). An application handed to the Receiver after ofhce hours on the street, without the fee, is nof a legal application('). Land appropriated for any public use is not subject to entry under the Homstead Laws. The appropriation of land by the Government is setting it apart for some particular use, zs Congress set apart the land embraced in the Hot Springs reservation (™). A homestead entry becomes effective only when made at the local office, and not when th^ affidavit is taken before a county clerk. The only benefit derived from settlement is the privi lege in certain homestead cases of making the required affidavit before the county clerk(''). (•) Lyons vs. Stevens, Land Oitmtr, Vol. 6, p. 107. (*) Thompson vs. Anderson, Land Owner, Vol. 6, p. 125. (•)Adolphine Hedensky, Land Owmr,Yo\. 2, p. 83. (*) Thomas Thompson, Land Owner, Vol. i, p. 99. M. S. Woodford, Land Owner, Vol. 6, p. 125. Root vt. Smith, Land Oivner, Vol. 6, p. 45. {•) J. A. Balch, Land Owner, Vol. i, p. 149. (0 W. R. Ledford, Land Owner, Vol. 5, p. 165. (c) T. C. Shapleigh, Land Owner, Vc!. 5. p. 147. («>) Helfrich vs. King, Land Owner, Vol. 3, pp. 19, 164. 0) R. J. Simonson, Land Ozvner, Vol. i,?. 35. (J) J. O. Nightingale, Land Owner, Vol. 4, p. 146. 09 H. J. Johnson, Land Oiimer, Voi. 4, p. 83. Q) Gregory vs. Kirtland, Copp's Public Land- Laws, p. »a8. (")Hot Springs Reservation, Lan^! Owner, VoL 2,p. 100. (»)G. Zentenhorst, Land Owner, Vol. i, p 139. -^ THE AxMERiCAN SETfLER'S GUIDE. Where notices of cancellation of entries are received at the local office after business hours, liie land embraced therein is not subject to entry or filing until the usual opening hour on the following morning(*). The right to tax lands of the United States, entered under the homestead laws, does not accrue to the State until the expiration of the period of residence and cultivation, and until the final proof required by law shall have been made and approved, and the final homestead cer- tificate issuedC*). Where a second contest was initiated prior to the determination of a prior contest, and* th*^ homestead entry in question was cancelled as a result of the first contest, the second contestant has no preference right of entry should the first contestant fail to make entry. The land in that case would be open to the fiist legal applicant(*'). After lands have been offered at public sale and then withdrawn, they may be restored to home':tead and preemption entry. Until they have again been offered at pubUc sale, they are not suoject to private entry ("*). Where the quantity of land sought to be entered is eighty acres and a fraction of an acre more, i. e. is less than eighty-one acres, the fee required is only $5.00 — not ^io.oo(«). A party cannot initiate a homestead claim to land covered by an uncancelled prior home- ^e;id entry (^), b. RESIDENCE AND CULTIVATION. By making an entry an inceptive right is vested in the settler, and his final title depends on his residence upon and cultivation of the land embraced in his claim. This residence and cultivation must continue five years unless he was a soldier or sailor in the late war (See Soldiers' and Sailors' Homesteads) ; or if he prefers to pay for his land, as at private entry, he may after six months' settlement and cultivation make the necessary proof. This early payment is called commuting a homestead entry. (See Final Proof and Commu- tation.) The refusal of the wife to live on a homestead, provided the husband complies with the law, will not injure his rights(8). A man and woman, after making each a homestead entry, may marry without invalidating their rights, if the law is complied with as to residence * and .cultivation. Either homestead may, if they choose, be commutedC*). Where a man and woman marry after each has made a homestead entry of adjoining land, they may live in a house built on the dividing line between the two homesteads('). Residence in a double house, built on the dividing line between adjoining homesteads, is residence in compliance with the law(J). After a homesteader has completed the term of five years, a fuither residence is not required to entitle him to patent^^). Residence for the period of five years from date of entry on the tract claimed is a compliance with the Homestead Law ; but the question of such residence may under proper restriction be investigated at any time before issuance of patent('). Where a homestead claimant has failed to comply with the law in the matter of residence, -he may, where he has been prevented by circumstances beyond his control, and his good faitli IS evident, be allowed additional time to comply therewith («"). The homestead entry of a party who failed to establish permanent and exclusive residence (») George Noble, Land Owner, Vol. 2, p. 34. C*) W. C. Means, Land Owner, Vol. 2, p. 148. George Bates, Land Owner, Vol. 1, p. 155. E. E. Zitman, Land Owner, Vol. 2, p. 155. J. H. Merritt, Land Owtter, Vol. 5, p. 147. («) Bennett vs. Collins, L.ind Owner, Vol. 8, p. 172. (d) Thomas Holland, Land Oivner, Vol. 4, p. 44. (•) Alcide Guidney, Land Owner, Vol. 8, p. 157. (') B. W. Wilson, Latid Owner, Vol. i, p. 114. («) O. A. A. Gardiner, iMnd Owner, Vol. i, p. 92. (»») A. J. Buckland, Land Owner, Vol. 4, p. 107. («) A. C. Sowle, et al.. Land Owner, Vol, 6, p. 93. (J) W. S. Headlee, Land Owner, Vol. i. p. 51. (i) Joseph Fisher, Land Oivner, Vol. i, p. 51. (•) Webs. vs. Gourley, Land Owner, Vol. 3, p. x^ («n) Adam Licklider, Land Owner, Vol. 4, p. 131. THE AMERICAN SETTLER'S GUIDE. $i on the tract until three and one-half years after date of entry, should be held in abeyance untii the expiration of five years from settlement, and his case be submitted to the Board of Equitable Adjudication, established to determine in what cases patents shall issue where tlie law has been ■substantially complied with(*). A party who enters a homestead and attempts to acquire title thereto by going upon the land and remaining over night once or twice in six months, fails to establish a legal residence ; and where it is shown tliat such failure to comply with the provisions of the law was not the resuk of ignorance or of uncontrollable circumstances, the entry should be cancelled(*»). Such cases as the above should not be submitted to the Board of Equitable Adjudication. Cases going before this Board are limited to those in which the ^ooi/ faith of the claimant appears unquestionable (Ibid). A party while having an actual residence on his claim, may work elsewhere for other people a few weeks at a time. An entry is liable to be cancelled for failure in respect to residence, and the land given to some one else. Residence is not required on an "Adjoining Farm Homestead." There must be continued residence on the original farm, however, and use of the additional land in con- nection therewith. Where a homestead settler dies before the completion of his claim, the widow, or in case oi her death, the heirs, may continue settlement or cultivation, and obtain title upon proper procrf at the right time. If the widow proves up, the title passes to her; if she dies before proving up, and the heirs make the proof, the title will vest in them. Where both parents die, leaving infant children, the homestead may be sold for cash for the ^nefit of such children, and the purchaser will receive title from tlie United States ; or the patent will issue to the infants on proof of settlement or cultivation for the prescribed period. I'he law is substantially complied with by continual cultivation for the period of five years by he heirs or devisee, personal residence not being required in their case(<'). The sale of a homestead claim by the settler to another party before completion ot title is noi recognized, and vests no title or equities in the purchaser. In making final proof, the settler is by law required to swear that no part of the land has been alienated, except for church, cem etery, or school purposes, or the right of way of railroads. C. AMENDMENT. Where a party desires to amend his homestead papers on the ground that they do ntl describe the tract he intended to apply for and has actually settled upon, he must with his ippUcation for amendment send to the Register and Receiver an affidavit sustained by tlie affidavit of two witnesses, wherein he sets forth that he had within six months from date of original appUcation actually settled on the described tract, and give in full the character of the improvements made. Where a party desires the cancellation of his entry on account of a prior legal claim having attached to the land so entered, he must send with his application an affidavit, corroborated as before by two witnesses, showing number, date, and nature of the prior claim, and the extent of the improvements, if any, which may have been madeC*). A homestead party whose entry is cancelled in part for conflict, may retain the reroaindar and amend his entiy to embrace a contiguous vacant tract, not to exceed the quantity in laa original entry (^). A claimant has a right to obtain the correction of a clerical error in his entry papers, mis- describing the land settled upon and cultivated ('). (•) Thorsten Olsen, Land Owner, Vol. 5, p. 117. (b) Byrne vs. Catlin, Land Owner, Vol. 5, p. 146- (•) Dorame vs. Towers, Land Otvner, Vol. 2, p. 131. (*) General Land Office Instructions, Copp's Public Land Laws, p. 2j(f^ (•) Thomas C. Marks, Copp's Public Land Laws, p. 240. {*) Jefferson Newcomb, Land Owner, Vol. a, p. i6« 32 '■rri.KR'S GUIDK. c:iKCUl.AI<. iS KELATlO^i TO CHANGES OF ENTRY. The following circular of instructions from the General Land Office is so full and explici{ chat it is given at lengtla : Department of the Interior, General Land Office, Washington, D. C., Aug^ust 8, 1878. 7^0 Registers and Receivers of U. S. Land Offices. Gentlemen : In order to secure uniformity in proceedings upon applications for Change oi ' Entry, attention is called to the follo\\ing sections of the Revised Statutes and accompanying instructions :' Section 2369. In every case of a purchaser of public lands, at private sale, having en- tered at the land office a tract different from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application for that puq^ose tL> the Register of the land office, and if it appears from testimony satisfactory to the Register and Receiver that an en-or in the entry has been made, and tliat the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the originai marks and numbers at corners of the tract of land; or that it has in any otherwise arisen from mistake or error of the surveyor, or officers of the land office, the Register and Receivei shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purcliase of other lands in the same district, or credited in the payment for other lands wliich have been purchased at the same office. Section 2370. The provisions of the preceding section are declared to extend to all cases where patents have been issued, or may hereafter issue ; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a relin- quishment of title tliereon, executed in a form to be prescribed by the Secretary of the Interior. Section 2371. The provisions of the two preceding sections are made applicable in all respects to errors in the location of land-warrants. Section 2372. In all cases of an entry hereafter made of a tract of land not intended to be entered, by -a mistake of the true numbers of the tract intended to be entered, where the tract thus erroneously entered does not in quantity exceed one-half section, and where tlie certificate of the original purchaser has not been assigned, or his right in any way transferred, the purchaser, or, in case of his death, the legal representatives, not being assignees or trans- ferees, may, in afiy case coming within the provisions of this section, file his own affidavit, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the Register and Receiver of the land district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion, both as to the existence of the mistake and the credibility of each person testifying thereto, to the Commissioner of the General Land Office, who, if he be en- tirely satisfied that the mistake has been made, and that every reasonable precaution and ex- ertion had been made to avoid it, is authorized to change the entry and transfer the payment from the tract erroneously entered to that intended to be entered, if unsold ; but if sold, to any other tract liable to entry ; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize such change of entry ; nor shall anything herein contained affect the right of third persons. It will be observed that section 2369 is intended to afford relief to purchasers of public lands at private sale whose errots in entries have been occasioned by the original incorrect marking by the surveyor, or by the subsequent change or obliteration of those marks, or by any other error originating either with the surveyor or the land officers. Section 2370 extends the foregoing provision to cases where patents have been or may be issued. THE AMERICAN SETTLER'S GUIDE. 3^ Section 2371 extends the provisions of both the preceding sections to error; in the location of land warrants. Section 2372, further extending these provisions, applies to ?.ll classes of entries, and also mbraces cases where the error was not occasioned by any act of the surveyor or of the land officers, but restricts changes of entry to cases in which the tract erroneously entered does not in quantity exceed one-half section, and where the certificate of the original purchaser has not been assigned or his right in any way transferred. Change of entry may therefore be allowed in accordance with these provisions, in respect to either of the following classes of cases, viz. : Purchases at public sale. Private entries. Pre-emption entries. Military bounty land-warrant locations. Scrip locations, etc. A change of entry, when allowed, will be made from the tract erroneously entered to that intended to have been entered, if vacant ; but if not vacant, the change may be made to any other tract liable to entry. APPLICATION FOR CHANGE OF ENTRY. The application must, in all cases, be made by the party making the original entry, or, in case of his death, by his legal representatives, not being assignees or transferees. The applicant must file an affidavit showing the nature and particular cause of the error, and that every reasonable and proper precaution had been used to avoid it, accompanied by the best corroborative testimony that can be procured. The oath of the party interested is not of itself sufficient. The affidavit must also show that the land erroneously entered has not been transferred or otherwise encumbered. This evidence, together with your joint opinion as to the existence of the mistake, and the credibility of each person testifying thereto, will be forwarded for the decision of this office. Where a patent has not been issued, you will require the surrender of the duplicate receipt, or certificate of location (as the case may be), accompanied by the affidavit of the party that he has not sold, assigned, nor in any way encumbered the title to the land described in the application, and that said title has not become a matter of record. Where a patent has issued it must be surrendered. Where the title has become a matter of record, and in all cases where patent has issued, jrou will require a quit claim deed, or release, to the United States, which deed must be exe- cuted, acknowledged, and recorded in accordance with the laws of the State or Territory in which the land is situated. You will also require a certificate from the county clerk, or other officer having charge of the books in which any conveyance of the land is required to be recorded to give it validity, stating that the records of such office do not exhibit any convey- ance or other encumbrance of the land in question. In the case of a married man, a properly executed release of dower by the wife must be furnished. WHEN CHANGE OF ENTRY IS ALLOWED. In all cases of application for a change of entry, when the evidence is satisfactory, a new Register's certificate will be authorized by this office, which certificate will bear the current Bumber and date, and will be indorsed with the authority for such change. The tract to which the change is allowed, its area, etc., will be reported on the proper monthly abstracts, with a noting in red ink of the items credited from the old certificate and aot included in the footings. Any excess over an original amount will be accounted for as in case of other excesses. * Very respcrtfully, }. A. WILLIAMSON, Commissioner. Approved: C SCHUR2:, Secretary, 3 34 THE AMERICAN SETTLER'S GUIDE. d. FINAL PROOF AND COMMUTATION. The law is explicit in requiring final proof of the settler's compliance with the law to \» made within two years after the expiration of the five years of settlement and cultivation. Any settler desiring to make final proof must first file with the Register of the proper land office a written notice of his intention to do so. Such notice must describe the land claimed, and the claimant must give the names and post office addresses of the witnesses by whom the necessary facts as tosettlement, residence, cultivation, etc., are to be established. ' NOTICE OF INTENTION TO MAKE FINAL PROOF. Land Office at {Date) , i8— . of , who made Homestead Application No. — - — (or Pre-emption Declaratory State- % ment No. ), for the , do hereby give notice of my intention to make final proof to establish my claim to the land above described, and that I expect to prove my residence and cultivation before , at , on , i8 — , by two of the following witnesses : [names and post-office addresses of four persons,] {Signature of claimant.) Land Office at , {Date) , i8— . Notice of the above application will be published in the , printed at , which I hereby designate as the newspaper published nearest the land described in said application. , Register. The filing of such notice must be accompanied by a deposit of sufficient money to pay the cost of publishing the notice to be given by the Register ; though the party is allowed to make a contract with the publisher of the designated newspaper, and so need not deposit the money with the land officers(''). Upon the filing of the notice by the applicant, the Register shall publish a notice of such application once each week for a period of thirty days, in a newspaper which he shall desig- nate, by an order written on said application, as published nearest the land described in the application, and he shall also post the notice in some conspicuous place in his office for the same period. A compliance with the law will require the notice to be published weekly five times, because four weekly publications would not cover a period of thirty days. The notice to be given by the Register must state that application to make final proof has been filed ; the name of the applicant ; the kind of entiy, whether homestead or pre-emption ; a description of the land, and the names and residences of the witnesses as stated in the application. NOTICE FOR PUBLICATION. Land Office at , , i8— . Notice is hereby given that has filed notice of intention to make final proof before at , on , 18 — , on Homestead Application No. (or Pre-emption Declaratory State- ment No. ), for the . He names as witnesses , of , and , of . , Register. To save expeme, the Register may embrace two or more cases in one publication, when it can be done consistently with the legal requirements of publication, in a newspaper published nearest the land, as per attached form. CONSOLIDATED NOTICE FOR PUHLICATION. Land Office at , {Date) , 18—. Notice is hereby given that the following-named settlers have filed notice of intention to make final proof in support of their respective claims before — — at — — , on , 188-, viz : — — — , Homestead Application No. , for the , Witnesses : ■ — — — , of , and ■ " ■ •^-— . Pre-emption Declaratory Statement No. , for the . Witnesses : , of , and ■ , of . ■■ , Register. The proof that requisite notice has been given will be the certificate of the Register that the notice of the application (a copy of which should be annexed to the certificate) was posted by hinrin a conspicuous place in his office for a period of thirty days; and the affidavit of the publisher or foreman of the newspaper that the notice (a copy of which notice must be (») Land O-wner, Vol. 6, p. 93. THE AMERICAN SETTLER'S GUIDE. 36 annexed to the affidavit) was published in said newspaper once each week for five successive weeks. CERTIFICATE AS TO THE POSTING OF NOTICE. Lakd Office at —— — , {Daie) , x&— . 1, ■ , Register, do hereby certify that a notice, a printed copy of which is hereto attached, was by me posted in a conspicuous place in my office for a period of thirty days, I having first posted said notice on the day of , 18 — . , Register. PROOF OF PUBLICATION. (Copt of Notice.) ^Qynty of 1 1 ss, , being duly sworn, deposes and says that he is the of the , a newspaper published at , in county, in the — ^— of ; that the notice of the inten- tion of — ^— (and ) to make final homestead proof, a copy of which is hereto attached, was first published in said newspaper in its issue dated the of , 188 — , and was published in each weekly issue of said newspaper thereafter for the full period of thirty days, the last publication thereof being in the issue dated the of , r88— . Subscribed and sworn to before me this — ^— day of , A. D., 188 — . [Seal.] , Notary Public. In making final proof, the homestead party may appear in person at the district land office, with his witnesses, and there make the affidavit and proof required in support of his claim ; or he may appear with his witnesses before the judge of a court of record of the county and State, or district and Territory, in which the land is situated, and there make the final proof required, as follows, which proof, duly authenticated by the court seal, is required to be transmitted by the judge, or the clerk of the court, to the Register and Receiver, together with the fee and charges allowed by law. HOMESTEAD PROOF. FINAL AFFIDAVIT REQUIRED OF HOMESTEAD CLAIMANTS. I, , having made a homestead entry of the section No. , in township No. , of range No. , subject to entry at , under section No. 2289 of the Revised Statutes of the United States. do now apply to perfect my claim thereto by virtue of section No. 2291 of the Revised Statutes of the United States ; and for that purpose do solemnly that I am a citizen of the United States ; that I have made actual settlement upon and have cultivated said land, having resided thereon since the day of 18 — , to the present time; that no part of said land has been alienated, except as provided in section 228S of the Revised Statutes, but that I am the sole bona fide owner as an actual settler ; that I will bear true allegiance to the Government of the United States; and further, that I have not heretofore perfected or abandoned an entry made under the Homestead Laws of the United States. — , of the land office at , do hereby certify that the above affidavit was subscribed and sworn to befon. aic this day of , 18 — , HOMESTEAD PROOF. TESTIMONY OF CLAIMANT. , being u^U^ as a witness in his own behalf in support of homestead entry No. , &r , testifies as folio vs : Ques. I. What is your iii>Mo— written in full and correctly spelled— your age, and post-office address? Ques. 2, Are you a native cl the United States, or have you been naturalized? Ans. . Ques. 3. When was your hotsc built on the land, and when did you establish actual residence therein ? (Do- scribe said house and other imptovements which you have placed on the land, giving total value thereof.) Ans. . Ques. 4. Of whom does your family consist ; and have you and your family resided continuously on the la&d since first esublishing residence ti^e^oon ? (If unmarried, state the fact.) Ans. . Ques. 5. For what period or periods have you been absent from the homestead since making settlement, and for what purpose; aud if temporarily absent, did your family reside upon and cultivate the land during such absence ? Ans. . Ques. 6. How much of the land have you cultivated, and for how many seasons have you raised crops thereon f Ans. , Ques. 7. Are there any indications of coal, salines, or minerals of any kind on the land? (If so, describe what they are, and state whether the land is more valuable for agricultural than for mineral purposes.) Ans, . Ques. 8. Have you ever made any other homestead entry? (If so, describe the same.) Ans. . Ques. 9, Have you sold, conveyed, or mortgaged any portion of the land ; and if so, to whom, and for what purpose? AJas. . I HBREBT CERTIFY that the foregoing testimony was read to the claimant before being subscribed, and •worn to before me this day of ■ ■ , ia&-. 36 THE AMERICAN SETTLER'S GUIDE. Note. — If natural ired, the claimant must file a certified copy of his certificate of naturalization. In a com- muted homestead, a foreign-born claimant, if not naturalized, must file a certified copy of his declaration of intention. In making proof, the party must surrender his original duplicate receipt, or file affidavit of its loss. Note. — The officer before whom the testimony is taken should call the attention of the witness to the follow- ng section of the Revised Statutes, and state to him that it is the purpose ofthe Government, if it be ascertained hat he testifies falsely, to prosecute him to the full extent ofthe law. Title LXX.— CRIMES — Ch. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law ofthe United States authorizes an oath to be administered, that he will testify, declare, de- pose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by im- prisonment, at hard labor, not more than five years, and shall, moreover, thereafter, be incapable of giving tes- timony in any court ofthe United States until such time as the judgment against him is reversed. [See g 1750,] HOMESTEAD PROOF. TESTIMONY OF WITNESS. , being called as a witness in support of the Homestead entry of , for , testifies as follows : Ques. I. What is your occupation, and where is your residence? Ans. . Ques. 2. Have you been well acquainted with , the claimant, in this case, ever since he made his homestead entry No. ? Ans. . Ques. 3. Was the claimant qualified to make said entry ? (State whether the settler was a citizen of the United States, over the age of tweuty-one years, or the head of a family, and whether he ever made a former homestead entry.) Ans. . Ques. 4. When did claimant settle upon the homestead, and at what date did he establish actual residence thereon? (Describe the dwelling and other improvements, giving total value thereof.) Ans. . Ques. 5. Have claimant and family resided continuously on the homestead since first establishing residence thereon ? (If settler is unmarried, state the fact.) Ques. 6. For what period or periods has the settler been absent from the land since making settlement, and for what purpose ; and if temporarily absent, did claimant's family reside upon and cultivate the land during such absence ? Ans. . Ques. 7. How much ofthe homestead has the settler cultivated, and for how many seasons did he raise crop* thereon ? Ans. . Ques. 8. Are there any indications of coal, salines, or minerals of any kinds on the homestead? (If so, de- cribe what they are, and state whether the land is more valuable for agricultural than for mineral purposes.) Ans. . Ques. 9. Has the claimant mortgaged, sold, or contracted to sell, any portion of said homestead? Ans. Ques. 10. Are you interested in this claim ; and do you think the settler has acted in entire good fiuth ia perfecting his entry? Ans. . The Receiver will thereupon, if the proof is satisfactory, issue his receipt, as follows, a dupli- cate being sent or given to the claimant : Application No. . Final Receiver's Receipt, No. -— . Receiver's Office, , {_Date) , 18—. Received from , of county, , the sum of dollars and cents, being the balance 01 payment required by law for the entry of of section , in township , of range , contain- ing ' acres, under section 2291 ofthe Revised Statutes ofthe United States. $ • , Receiver. The judge being absent in any case, the proof may be made before the clerk of the proper court. The fact of the absence of the judge must be certified in the papers by the clerk acting in his place. If the land in any case is situated in an unorganized county, the statute provides that the party may proceed to make the proof in the manner indicated in any adjacent county in the State or Territory. The fact that the county in which the land lies is unorganized, and that the county in which the proof is made is adjacent thereto, must be certified by the officer. In any case where the final proof shall be transmitted to the Register and Receiver, as contemplated in this act, and the full amount of money due shall be paid, they will carefully examine the proof, and, if any objection appears, they will promptly notify the party and advise him of his rights in the matter. In cases in which final homestead proof is made before the judge, or in his absence before the clerk of a court of record, the Register and Receiver of the district land office are entitled to the same fee for examining and approving the proof so made as if the proof were taken and THE AMERICAN SETTLER'S GUIDE. 37 reduced to writing by them, for the claimants, viz., fifteen cents per hundred words, and on the Pacific Coiist, twenty-two and one-half cents per hundred words(*). In the Act of Congress of March 3, 1877, which provides that final proof in homestead entries may be made before the judge, or, in his absence, before the clerk of any court of record of the county and State, or district and Territory, in which the lands are situated ; the terms "in his absence," refer to the absence of the judge from the county seat or place where the court for the countv is held. Where the clerk takes the proof, he should set forth in his certificate to the papers that the case was such as to authorize him to do so under the act ; and for this, it will be sufficient for him to certify that the proof was made before him " in the absence of the judge," using the language of the statute(^). County courts in Florida are courts of record, and the judges and clerks of such courts are qualified to take final proof in homestead cases(«). ADJOINING FARM ENTRIES. The proceedings in this class of cases are the same as in other homestead entries. It is not required that the applicant should prove actual residence on the separate tract entered; but if he does not, it must appear from the proof adduced (the forms previously given being modified to suit the circumstances of the case), that he has continued for the period required by law to reside upon and cultivate the original farm tract, making use of the entered tract as a part of the homestead. FINAL AFFIDAVIT REQUIRED OF ADJOINING FARM HOMESTEAD CI^IMANTS. I, , having made a homestead entry of the section No. , in township No. , of . ;inge No. , subject to entry at , for the use of an adjoining farm owned and occupied by me on the of section No. , in township No. , of range No. , under section 2289 of the Revised Statutes, do now apply to perfect my claim thereto by virtue of section No. 2291 of the same, and for that purpose do solemnly that I am a citizen of the United States ; that I have continued to own and occupy the land constituting my original farm, having resided thereon since the day of , 18 — , to the present time, and have made use of the said entered tract as a part of my homestead, and have improved the same in the following manner, viz. : . That no part of said land has been alienated, but that I am the sole bona fide owner as an actual settler; that I will bear true allegiance to the Government of the United States ; and, furtfier, that I have not heretofore p^Hected or abandoued an entry under the homestead laws. -, of the land office at , do hereby certify that the above affidavit was taken and sub- scribed before me this day of——, 18 — . Where it is shown that a homestead entry was made for the use of an adjoining farm, by a party who owns only a half undivided interest in an original farm, such homestead entry will be passed for patenting if the law has been complied with in other respects(*). COMMUTATION OF HOMESTEAD ENTRIES. If the homestead settler does not wish to remain five years on his tract, the law permits him to pay for it with cash, or warrants, or agricultural-college scrip, upon making proof of settle- ment and cultivation for a period of not less than six months from the date of entry to the time of payment; or payment may now be made with private-claim scrip under the act of January 28, 1 879. This proof of actual settlement and cultivation must be the affidavit of the party, made in the form below, in addition to the testimony usual in making final homestead proof, with a few verbal changes. • Published notice as usual must be given prior to taking the final proof. AFFIDAVIT. 1, , claimmg the right to commute, under section 2301 of the Revised Statutes of the United States, my homestead entry No. , made upon the section , township , range , do solemnly swear that I made settlement upon said land on the day of , 18 — , and that since such date, to wit : on the day of , 18 — , I have built a house on said land, and have continued to reside therein up to the present time ; that I have broken and cultivated acres of said land, and that no part of said land has been alienated, except as provided in section 2288 of the Revised Statutes, but that I am the sole )>onafide owner as an actual settler. (») Instructions, Land Owner, Vol. 4, p. 162, (*) W. S. Search, Land Chvner, Vol. 4, p. 162. («) Instructions, Land Oxvner, Vol. 4, p. 179. (d) Douglas Dummett, Land Owner, Vol. 2, p. 181. 38 THE AMERICAN SETTLER'S GUIDE. I further swear that I have not heretofore perfected or abandoned an entry made under the homestead laws (A the United States. Land Office . Subscribed and sworn to before me this day of . [May now be made before clerk of court.] , Register. Any person should be allowed to commute who, at the time application to commute is made, is the proper party entitled to make final proof at the right time, provided the claim so far as it has progressed is valid (*). After a homestead has been relinquished in part, the balance may be commutedC*). Where a party commutes his homestead to cash, his rights under the pre-emption law are not affected, i. e., he may, if qualified, make an entry under the pre-emption law(*). WHO SHALL MAKE FINAL PROOF. As many cases arise wherein it is difficult to decide who shall make the final proof, the fol- lowing rulings of the Land Department are appended : In case of death of an unmarried homestead settler prior to expiration of the five years, his heirs or devisee may commute or continue cultivation and settlement. If death occurred after the expiration of the five years, the heirs or devisee may at once make prooi. In these cases patent would issue in the name of " the heirs " of deceased, or in the name of his devtbee(*). A deserted wife cannot contest her husband's entry for abandonment while the marriage remains legally valid(<'). A married woman can become entitled to credit on a homestead for her husband's military services during the late war. Where a deceased homestead claimant left a wife from whom he had been separated by written articles of agreement, such widow is the proper party to make final proof, notwith- standing the fact that the deceased claimant willed all his estate, both real and personal, to his brother('). Where a patent, erroneously issued to a deceased person, has been recorded in the county records, the legal representatives must release all their right and title to the land before the General Land Office can issue another patent in the name of the widow(«). Aliens who have not declared their intentions to become citizens of the United States can- not, as heirs, perfect title to homesteads^*). The General Land Office can recognize a nuncupative will only after it has been duly pro- bated and accepted by the proper court('). In case the homestead party died, and his widow was convicted of his murder by poison^ for which she is now imprisoned in the penitentiary, pursuant to law, although under a death sentence, the administrator of the deceased party should make the final proof, and the patent be issued in the name of his minor children(J). Where a homesteader is prevented from making final proof by reason of being confined in the penitentiary, a legally appointed person may make such proof, and if found satisfactory, the patent will issue in the name of the party so deprived of his liberty (*). A woman divorced from her husband is legally dead, and if there was an infant living when the homesteader died, the right s^all inure for the child's benefit, notwithstanding a will devis- ing the land to the claimant's mother, who resides thereon ('). A Receiver of a land office is entitled to make final proof on a homestead entry made by him prior to his appointment. A Receiver of a land office, who has made final proof upon a homestead entry made by (•) John Dillon, Copp's Public Land Laws, p. 245. (b) John L. Gray, Land Oiuner, Vol. 6, p. 153. («) Instructions, Land Owner, Vol. 3, p. 70. (^) A. F. Hubbell, Copp's Public Land Laws, p. 246. (•) Keziah Card, Land Owner, Vol. 2, p. 50. (') John Rhoades, Land Owner, Vol. 5, p. 117. it) Andrew ]ohanncsen. Land Owner, Vol. 4, p, 108. h) J. U. Sprenger, Land Owner, Vol. 2, p. 57. (l) Elizabeth Lampson, Land Owner, ^loX. 3, p. 178. (J) Land Office Instructions, Land Owner, Vol. 5, p. 179. (k) E. Strickland, Land, Owner, Vol. 2, p. 82. (>) G. W. Law, Land Owner, Vol. 6, p. 190. THE AMERICAN SETfLER'S GUIDE. 3* him prior to his appointment as Receiver, may make an additional entry under the provisions of the act of June 8, i872('). A contest for abandonment of an additional entry made under the act of June 8, 1872, wiU not be entertained (lb). The possession of an executor or administrator is, under the homestead law, the possession of the heirs or devisee, subject to the right of administration vested in the officer, and time allowed by the court for the settlement of the estate must be counted for the heirs or devisee in making final proof(^). Mary Latt made a homestead entry, then married J. M. Johnson and died, leaving no heirs except Johnson. He was allowed to make final proof, and patent issued in name of Mary Johnson, formerly Mary Latt^). The granting of letters of administration will be regarded as sufficient evidence of death. Unexplained absence for two months is not sufficient evidence of death to warrant issue of patent to the heirsC*), e. ABANDONMENT. At any time after six months from entry and before the expiration of the required five years of residence, if it is proved to the satisfaction of the Land Department that the settler has changed his residence or abandoned the land embraced in his entry for more than six months at any time, such entry wul be canceled and the land revert to th^ government. A home- stead claimant elected to a public office which compels him to leave his land to discharge its duties, is not considered as changing his residence or abandoning his land, if he keeps up his improvements and the circumstances show his good faith in maintaining his residence. Abandonment or change of residence is a usual cause for which a homestead entry can be attacked prior to the end of the required five years of residence and cultivation(*). Where application is made to contest a homestead entry on the ground of abandonment, the party must file his affidavit with the district land officers, setting forth the facts on which his application is founded, describing the tract, and giving the name of the settler. Upon this the officers will set apart a day for a hearing, giving all the parties in interest due notice of the time and place of trial. Personal notice must be served by a disinterested party, and a copy must be filed, with an affidavit that the notice has been legally served('). In cases of inability to make personal service of the notice, and when it becomes necessary to serve it by publication, it must be printed in some newspaper printed in the county where the land in contest lies ; and if no newspaper is printed in such county, then in the news- paper printed in the county nearest to the land. At least two witnesses are required to prove abandonment and their testimony must be clear and positive^). The expenses incident to such a contest must be defrayed by the contestant, and no entry of the land can be made until the district officers have received notice from the General Land Office of the cancellation of the contested entry ; and now an informant obtains privileges. Every other person must, if he desires the land, ascertain by proper diligence when notice of cancellation is received by the Register and Receiver, and then make formal written application for the tract; the land, after reception by these officers of notice of cancellation, being alwa3r3 open to the first legal applicant, unless withdrawn from entry by competent authority. The preference right of a contestant is recognized by act of May 14, 1880. {fy White vs. Laffery, Land Owner, Vol. i, p. 114. (V) Dorame vs. Towers, Land Owner, Vol. 2, p. 131. (•1 Mary Latt, Land Owner, Vol. 4, p. 103. (d) A. Seidensticker, Land Owner, Vol- 8, p. 55. '*J Snyder vs. Abbott, Copp's Public Land Laws, p. 258. General Land Office Instructions. Copp's Public Land La'jes, p. 249. i THE AMERICAN SETTLER'S GUIDE. AFFIDAVIT TO BE FILED BEFORE CONTEST. U. S. Land Office,^ .'■ y. Personally appeared before me -, i8 — . j of the Land Office, .. of county, State of , who upon his oath says : That he is well acquainted with the tract of land embraced in the homestead entry of , No. — , made , 18 — , ■■■ — -^— and knows the present condition of the same ; also that the said ■ has wholly abandoned said tract, and changed his residence therefrom for more than six months since making said entry, and next prior to the date herein ; that said tract is not settled upon and cultivated by said party as required by law — and this the said contestant is ready to prove at such time and place as may be named by the Register and Receiver for a hearing in said case ; and he therefore asks to be allowed to prove said allegations, and that said homestead entry, No. , may be declared canceled and forfeited lo the United States—he, the said contestant, paying the expenses of such hearing. Sworn to and subscribed this day and year above written before , Reg^ister, , Receiver. TESTIMONY IN CASES OF ABANDONMENT. U. S. Land Ofpick," y Testimony in case of - 18 — . j Contestant, vs. Homestead Entry No. , , , — — — • contested (Date.) (Description.; , being duly sworn, deposes and says : That I reside in township , R. , State of ; that I am well acquainted with the of section — , township — — — , range , entered by — ———as above, and know from personal. observation that the said has not cleared. fenced, cultivated, built or resided upon, or in any way improved said tract, since The present condition of said tract is The present residence of the said is Sworn and subscribed before me this d.ay of , 18 — . ", Reg-ister. -, Receiver. Also appeared at the same time and place — — and — — — — , who, being duly sworn, depose and say: That they reside in the immediate vicinity of the aforesaid tract, and know the condition of the same; that they are also acquainted with the facts set forth in the aforesaid testimony of ■ — — , and know from personal observation that the statements therein made are true. Sworn and subscribed before me this day of — - — , 18—. ^— , Register. , Receiver^ RULINGS, Where a homestead party ha.s been duly notified and makes default, affidavits showing his abandonment may be taken before any officer authorized to administer oaths, and will be con- sidered in deciding the case(*). Contest for abandonment may be instituted against the entry of a deceased homestead claimant, if the abandonment and change of residence occurred more than six months prior to decease(^). At a hearing to determine abandonment in case of deceased homestead claimants, a certi- fied copy of the will and other matters connected therewith may be introduced(*'). The heirs or devisees of a deceased homestead claimant cannot be held responsible for the failure of a public officer to administer upon the estate. The statute does not run against the heirs during the time which elapses after the death of the claimant before the date the admin- istrator takes charge of the estate, providing the heirs are without notice of their rights, and the estate is administered upon within seven years(**). An abandoned wife is regarded as the head of a family, and her rights will receive due consideration. When she and her children are still residing upon the homestead entered by her absent husband, the entry 'cannot be cancelled for abandonment (*). A party, subsequent to entry, contracted to convey the tract to another after receiving patent. Held, that as the contract was verbal and no possession was taken under it, it cannot, under the statute of frauds, be enforced against the claimant ; that the facts do not show an aliena tion of the land ; and as an entry cannot be attacked by a stranger in interest except upon (») Instructions, Land Owner, Vol. 6, p. 153. (»>) W. H. Harris, LMnd Owner, Vol. 3, p. 3. (•) Dorame vs. Towers, L^nd Owner, Vol. 2, p. 131. (d) Robinson vs. William, Land Owner, Vol. 4, p. 19. {•) Thompson vs. Andei-son, Land Owner, Vol. 6, p. 125. THE AMERICAN SETTLER'S GUIDE. 41 charge of abandonment or change of residence^ the party should be allowed lo perfect his claim('). Upon proper evidence of a homestead claimant's insanity being presented, his homestead entry will not be contested on ground of abandonment. A guardian in such case.-, should be appointed by the proper court, who will, on presenting acceptable final proof, receive patent in name of the insane claimant('»). Where a homestead claimant whose entry is sought to be canceled for abandonment, is in the penitentiary under sentence of imprisonment for a term of years, notice of contest must be served personally upon tlie claimant(*') . \Vhere the evidence in a contest for abandonment shows that the homestead claimant is a poor man, that he was residing upon the land at date of trial, but had been unable to make his residence thereon within six months after entry at the land ofl5ce, or to improve the land to any great extent, such contest will be dismissed in view of the good faith of the claimant, and when final proof is made it will be submitted to the Board of Equitable Adjudication(*). The decision of the Commissioner of the General Land Office, in a contest from which no appeal was taken, becomes final between the parties as to all the matters arising before the trial(e). The attacking party has a right to contest an entry in a new proceeding for abandonment or change of residence subsequent to the date of the former trials^ /^j. No other questions than those of abandonment or change of residence qan in any case be considered (z^). A contestant who has been twice defeated should be held to a strict statement of his claim(t^). A statement that the homestead party (who is a widow), does not occupy the land claimed as a homestead, but that the same is occupied and used by her son (who is a married man)i and who has the sole and andisputed control of the same, is held insufficient to warrant the canceling of her entry (?<5). /. RELINQUISHMENT. A party may relinquish his claim, but on his doing so, the land reverts to the government. The party so desiringj should surrender to the Register and Receiver of the proper land dis- trict the duplicate receipt issued for the entry, with his written relinquishment of the same indorsed thereon. If the duplicate receipt has been lost, he should submit to those officers a written relinquish- ment of the entry, in which he should state the fact of the loss of the duplicate receipt, and which should be duly signed and acknowledged before the Register or Receiver, or some officer authorized to take acknowledgments. (See act of May 14, 1880, following.) As the law allows but one homestead privilege, a settler relinquishing or abandoning his claim cannot thereafter make a second entry ; but where an entry is canceled as invalid for some reason other than abandonment, and not the willful act of the party, he is not thereby debarred from entering again, if in other respects entitled, and may be allowed credit for fees and commissions already paid, on a new homestead entry. The relinquishment of a homestead eutr}' must be the free and voluntary act of the claimant('). Where a patent erroneouslv issued to a deceased person, has been recorded in the county records, the legal representatives must release all their right and title to the land before the General Land Office can issue another patent in the name of the widow(K). A person making a homestead entry cannot be allowed to relinquish it and make another, because he found the land different from what he expectedC'). (») Beasore vs. Whitehead, Land Owner, Vol. 2, p. 83, (»>) George Hornick, Copp's Public Land Laws, p. 253. («) Alex. McKiver, Land Owner, Vol. 2, p. 148. (*) Weber vs. Gourley, Land Oivner, Vol. 3, p. 19. (•) Jones vs. Roberts, Copp's Public Land Laws, p. 251. (') Hanson vs. Geiger. Land Owner, Vol. 4, p. 146. («) Andrew Johanjiesen. Land Owner, VoL 4. P. »oi^ |b) John Nunan, Land Owner, Vol. i, p. 34. ^ THE AMERICAN SETTLER'S GUIDE. Should it appear upon a proper showing that swamp land to which a State is entitled has been embraced in a homestead entry, said entry will be canceled, and the party may make another entry, with the first payments to his credit(£/5). An administrator or guardian cannot relinquish the homestead entry of a deceased person ATithout authority from the Probate Courl('') . The administrator of the estate of a party who died intestate should not be allowed to relin- quish the homestead entry, but a relinquishment to be accepted must be made by each and every one of the heirsC*). The following instructions were issued by the General Land Office, relative to deceased claimants whose representatives desired to relinquish the unperfected entries : In case of George H. Hudson, reported in Copp's Land Owner, Vol. 2, p. 99, the deceased left no widow, nor any children ; he died testate, naming William H. Hudson his executor, and one Mary Emily Hudson, an unmarried woman of full age, his sole legatee, and the original duplicate receipt cannot be found. The cancellation desired will be made upon the written relinquishment of the legatee (which should describe the land by its proper numbers, and specify date and number of the entry,) accompanied by an affidavit which may be made either by the legatee or the executor, setting forth the loss of the duplicate Receiver's receipt. Proof must accompany the relinquishment establishing the fact that Hudson, the deceased, left no widow or minor children, and that Mary Emily Hudson is the sole legatee, and the identical person named in the will. This may be done by furnishing a duly attested copy of the will under the seal of the proper court, together with the certificate under seal of the judge or clerk having probate jurisdiction, as to the identity of the person of the legatee, and the fact that no widow or minor children survive. If the records of the Probate Court do not evidence the identity of the legatee or the fact ■)f non-survivor, then these facts may be established by the affidavit of the legatee, corrobor- ted by the affidavits of any two witnesses who may have cognizance of the facts. In case of Achille Savoie, reported in Copp's Land Owner, Vol. 4, p. 51, the papers sent up show the appointment of Monnier as administrator of the " succession of Achille Savoie, deceased," and the loss of the duplicate homestead receipt. The party to the homestead entry stated in his homestead affidavit that he was " the head of a family." If he left a widow, a relinquishment to be accepted must be executed by her. ^ If the party left no widow, but left an infant child or children, the entry may be relinquished by the administrator, executor or guardian by order of the Probate Court having jurisdiction, in which case it should be clearly shown that no widow was left, and that the relinquishment is made by such order. If he left no widow or infant child, the relinquishment may be made by the party or parties recognized by the local court as the sole and only legal representative or representatives of the deceased, in which case a certificate to that effiact by said court should be forwarded with the relinquishment duly executed (**). II. Soldiers' and Sailors' Homesteads. a. ORIGINAL ENTRIES. The Revised Statutes of the United States grantmg homesteads to soldiers and sailors, their. widows and orphan children, are the following : Section 2304. Every private soldier and officer who has served in the Army of the United States during the recent rebellion, for ninety days, and who was honorably discharged, and .as remained loyal to the government, including the troops mustered into the service of the (») Susan W. Carter, Land Owner, Vol. 2, p. 99. (*) General Land Office Instructions, Land Owner, Vol. 5, p. 165. (»)See Cinthya Gibson, Land Owner, Vol. 3, p. 114, and Susan W. Carter, Land Owner, Vol. 2, p. 99. THE AMERICAN SETTLER'S GUIDE. 43 United States by virtue of the third section of an act approved February thirteen, eighteen hundred and sixty -two, and every seaman, marine, and oflScer who has served in the Navy of the United States, or in the Marine Corps, during the rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the government, shall, on compliance with the provisions of this chapter, as hereinafter modified, be entitled to enter upon and receive patent for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public land along the line of any railroad or other public work* not otherwise reserved or appropriated, and other lands subject to entry under the Homestead Laws of the United States; but such homestead settler shall be allowed six months aftei locating his homestead, and filing his declaratory statement, within which to make his entry and commence his settlement and improvement. Section 2305. The time which the homestead settler has served in the Army, Navy, 01 Marine Corps, shall be deducted from the time heretofore required to perfect title ; or if dis- charged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served ; but no patent shall issue to any home- stead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements. Section 2307. In case of the death of any person who would be entitled to a home«;tead under the provisions of section twenty-three hundred and four, his widow, If unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvement therein contamed ; but if such person died during his term of enlistment, the whole term -of his enlistment shall be deducted from the time heretofore required to perfect the title. The advantages this law presents over the general homestead law are: i. The privilege of filing a declaration with the Register and Receiver, which will hold a tract, selected in person or by an agent, for six months without entry, residence or cultivation. 2. The right of mak- ing final proof before the end of the usual five years. Except where the claimant wishes to sell his land, the latter privilege is a disadvantage, because as soon as title passes from the United States to an individual, the real estate becomes subject to taxation. Soldiers and sailors will observe the important requirement of at least one year's actual bona fide residence ami cultivation of the homestead, and not be deceived by parties who solicit the business of locat- ing homesteads in their names at considerable expense, when there fs no prospea of settling npon the land selected. HOW TO PROCEED. The following proof will be required of parties applying for the benefits of sections 2304, 2305, and 2307, in addition to the prescribed affidavit of the applicant given below. 1. Certified copy of certificate of discharge, showing when the party enlisted and when he was discharged; or the affidavit of two respectable, disinterested witnesses, corroborative of the allegations contained in the prescribed affidavit, on these points, or, if neither can be pro- cured, the party's affidavit to that effisct. 2. In case of widows, the prescribed evidence of military service of the husband, as above, with affidavit of widowhood, giving the date of the husband's death. 3. In case of minor orphan children, in addition to the prescribed evidence of military service of the father, proof of death or marriage of the mother. Evidence of death may be the testimony of two witnesses, or certificate of a physician duly attested. Evidence of mar- iage may be a certified copy of marriage certificate, or of the record of same, or testimony of wo witnesses to the marriage ceremony. The Register and Receiver will be allowed to charge one dollar each for receiving and filing the initiatory declaration of the parties in cases where such declarations are filed. One 44 THE AMERICAN SETTLER'S GUIDE. dollar and fifty cents each will be charged by Registers and Receivers in California, etc., as. shown in a previous table of fees and commissions. On the party producing the proper proof as above, immediate entry of the tract desired may be made ; but if the party so elect, he may file a declaration, to the effect that he claims a specified tract of land as his homestead, and that he takes it for actual settlement and culti- vation. Thereafter, at any time within six months from the date of filing, the party may come forAvard, make his entry of the land, and commence his settlement and improvement. Should the party present his declaration through an agent, a duly executed power of attorney from the principal must be presented, who will be bound by the selection his agent may make, the same as though made by himself. Where the party has failed to make entry within six months from the date of filing, he is not thereby debarred from making entry of the tract filed for, unless some adverse right has intervened ; and if so, he may enter some other tract that is still vacant. He cannot file a second declaration. The claims of widows and minor orphan children may be initiated by declaration, as above. Minor orphan children can act only by their duly appointed guardians, who must file certified copies of the powers of guardianship. The law does not require, as a condition to enjoying its benefits, that the party should first file a declaratory statement, and, as before stated, immediate entry may be made. The forms used in these entries are as follows : DECLARATION. No. Land Office at , . (^Date) , 18—. I, ■ ', do hereby declare and give notice that I claim for a homestead, under section 2304 of the Revised Statutes of the United States, granting homesteads to honorably discharged soldiers and sailors, their widows and orphans, the of section , of township , of range , containing acres; and I further declare ^hat I take the said tract of land for actual settlement and cultivation, and for my own use and ^senefit. . Per , kis Attorney in/act. APPLICATION. Land Office at {Date) ■ I, ■ , hereby apply to enter, under section 2304 of the Revised Statutes of the United States, the of section , of township , of range , containing acres, and for which I filed my declaration on the day of , , through , my duly-appointed agent, I, , Register of the land office at , do hereby certify that filed the above application at this office on the day of , . and that he has taken the oath and paid the fees and commissions prescribed by law. -, Register. AFFIDAVIT. No. . Land Office at {Date) I, , of , do solemnly swear that I am a , of the age of twenty-one years, and a citizen of the United States ; that I served for ninety days in company , regiment, United States vol- unteers ; that I was mustered into the United States military service the day of , , and was honorably discharged therefrom on the day of , ; that I have since borne true allegiance to the Government ; and that I have made my application No. , to enter a tract of land under section 2304 of the Revised Statutes of the United States, giving homesteads to honorably discharged soldiers and sailors, their widows and orphan children ; that I have made said application in good faith ; and that I take said homestead for the purpose of actual settlement and cultivation, and for my own exclusive use and benefit, and for the use and benefit of no other person or persons whomsoever: and that I have not heretofore acquired a title to a tract of land under the homestead laws, or voluntarily relinquished or. abandoned an entry heretofore made under said laws : So help me God. Sworn to and subscribed before rae, , Register of the land office at , this day of , 18—. , Register. rulAjgs. The filing of .a soldier's declaratory statement is not necessarily an abandonment of a pre- emption claim(»). Soldiers' homestead declarations must be rejected when received by mail(*>). <») Eugene Mitchell, Land Owner, Vol. 3, p. 164. Q') Instnictions. Land Owner, Vol. 1, p. ao THE AMERICAN SETTLER'S GUIDE. 4C^ A party appointed by the applicant as his attorney to select land under the soldiers' home- stead law, may substitute and appoint another person to act for him and make such selec- tion (*). Parties who file their declarations for lands appropriated by actual entries may file a second time. Parties filing for lands not entered, but embraced in the valid adverse claim of another, do so at their own risk, and are held to have exhausted their right to file, although, upon proof of their good faith and ignorance of the existence of the adverse claim, they may make actual entryi^). Where two parties apply simultaneously to file under Section 2309, R. S., both applications should be received. Should either thereafter apply to enter, notice should be given the other party to show why such entry should not be allowed. Instructions will be issued by the General Land Office, if an appearance is made at the time allowed^). In computing the time of service during the rebellion, the General Land Office is governed by the dates of the President's proclamations of April 15, 1861, calling out the militia, and August 20, 1866, declaring the war at an end(*(. A soldier is not obliged to credit his term of service. After a soldier has resided on his homestead long enough to make with his military service five years, further residence is unnecessary to secure patent(*). In soldiers' homesteads, where a discrepancy occurs between the proof of service and the records of the War Department, the applicant is allowed sixty days in which to furnish satis- factory proof of service, in which case he should be clearly informed as to what he is required to fumish('). The homestead act makes no distinction between regular and volunteer officers and soldiers- who served during the war of the rebellion, who have been honorably discharged(«). Regular army officers who served during the rebellion, etc., may initiate a homestead entry vbile in the army, but on making final proof must show at least one year's residence on the and entered, if they served four years during the late war(^). Soldiers now in the Regular Army may perform the prehmmary acts relating to the home- stead entries therein mentioned(^). A soldier discharged for disability prior to expiration of term of first enlistment, is entitled to only so much time for second enlistment as he may have served after expiration of term of first enlistment(^). The time a homestead claimant was in the United States military service in the late rebel- lion should be taken as a part of the five years in which a contest under the 5th section of the homestead act could be commenced, and if such period, when added to the time of actuat residence and cultivation, was more than five years before the contest commenced, the contest should be dismissed(*). • Where a soldier has lost his discharge papers he must file with the proper district land officers his affidavit detailing his service, the same to be corroborated by the testimony of two witnesses cognizant of the facts ; which evidence will be accepted as satisfactory proof of service. If he is unable to obtain the corroborative testimony, he may file his own affidavit as to service, with his application to make a homestead entiy ; and upon receipt at the General Land Office of the affidavit and application, official information regarding alleged service will be obtained from the War Department, compared with the party's affidavit, and if found satisfactory the entry will be allowed ('). (») Philip Betz, Land Oivner, Vol. 6, p. 93. (fc) A. W. Duggan, Land Owner, Vol. a, p. 35. («) Wilkes & Famsworth, Land Owner, Vol. 4, p. 107. (*) Instructions, Land Owner, Vol. i, p. 3. (•) G. M. Burlingame, Copp's Public Land Laws, p. 269. A. F. Hubbell, Ibid, p. 246. (0 Thomas Graham, Land Owner, Vol, 3, p. 164. (f) Instructions, Letttd Owner, Vol. a, p. so- (*) W. A. M. Dudley, Land Owner, Vol, 3, p. 69. (i) Instructions, Land Owner, Vol. a, p. 133. (J) Preston Swords, Land Owner, Vol. i, p. 20. r double minimum land, but having once made an entry, subsequent to June 22, 1874, his ights under the Homestead Laws are exhausted, notwithstanding he may have entered less than one hundred and sixty acres^**). A soldier who elects to make an additional homestead entry of a less number of acres than he is entitled to, cannot make another entry for the balanceC). A qualified soldier or sailor who homesteaded eighty acres and entered forty acres addi- tional under the act of June 8, 1872, will be allowed to enter enough more to make up one hundred and sixty acres, if the first two entries were made prior to June 22, i874(*). The abandonment of an original homestead entry of less than one hundred and sixty acres will not disqualify a soldier or sailor from making an additional entry, but settlement and cultivation must be made upon the additional tract the same as in case of an original entry(«). Applicants for additional land will be charged the original and final commissions in all cases(^. A qualified soldier under section 2306 of the Revised Statutes may enter enough more land than his original entry to make up one hundred and sixty acres, and pay cash for a small excess. But where he applies to enter a tract or tracts, the area of which, added to that of his origi- nal entry, shall exceed the one hundred and sixty acres by a greater excess than the area it would require to make up the deficiency, such application should be rejected(K). A soldier's additional homestead certificate cannot be located on a tract where the excess in area is more than the number of acres called for in the certificate(^). A contest for abandonment of an additional entry will not be entertained(') . III. Special Relief. In the first section of the act of Congress of July i, 1879, entitled "An Act for the relief of settlers on the public lands in districts subject to grasshopper incursions^'' it is provided — " That it shall be lawful for homestead and pre-emption settlers on the public lands, and ia all cases where pre-emptions are authorized by law, where crops have been or may be de- stroyed or seriously injured by grasshoppers, to leave and be absent from said lands, unde< such rules and regulations, as to proof of the same, as the Commissioner of the General Lanti Office shall prescribe ; but in no case shall such absence extend beyond one year continu ously; and during such absence no adverse rights shall attach to said lands, such settler? being allowed to resume and perfect their settlement as though no such absence had o* curred." And in its second section it is provided — " That the time for making final proof and payment by pre-emptors whose crops shall hav- been destroyed or injured as aforesaid, may, in the discretion of the Commissioner of tht. General Land Office, be extended for one year after the expiration of the term of absence provided for in the first section of this act ; and all the rights and privileges extended by this act to homestead and pre-emption settlers shall apply to and include the settlers under an act entitled * An act to encourage the growth of timber on western prairie%' approved March third, eighteen hundred and seventy-three, and the acts amendatory thereof." The proof required in the first section of said act may consist of the affidavit of the claim-- (•) J. N. Langford, Copp's Public Land Laws, p. 281. C») J. J. Thomas, Land Owner, Vol. s, p. 147. («) Joseph Alsip^ Land Owner, Vol. 4, p. 179. (*) Charles Radamacker, Copp's Public Land Laws, p. 280. (•) J. W. Hays, Land Owner, Vol. 3, p. 21. (*) J. Atkinson, Land Owner, Vol. i, p. 35. (f) Miles Schoolcraft, Land Owner, Vol. 2, p. 99. (h) W. C. Gleason, iMnd Owner, Vol,6, p. xo6. {«) White vs. Laffcrry, Copp's Public Lard Laws, p. 280. THE AMERICAN SETTLER'S GUIDE. 4$ ant, giving the particulars of the alleged destruction or serious injury of crops by grass- hoppers, and the affidavits of two or more witnesses corroborative thereof, and should be ubmitted at time of making final proof through the Register and Receiver of the proper lictrict land office. The particulars given should be such as to admit of a decision whether .he absence was justified by law or not, and should of course indicate at what time the party left the -land, and when he resumed his settlement. Written notice of intended absence, signed by the party, should be filed with the Register, and Receiver when he leaves his claim, and be noted on -the tract-books; this for the pro- tection of the claimant, and as notice to those who might otherwise make settlement and attempt to obtain title. Claimants desiring the extension of time provided for in the second section of the act may apply therefor through the same officers, the application to be supported by the same character of proof. The affidavits required in cises under this act, as before indicated, may je made before any officer using a seal and authorized to adminster oaths, or before the Reg- ^ter or Receiver of the district land office. Acts of May 14, 1880, and June 15, 1880. An Act for the relief of settlers on public lands. Be it enacted, etc.. That when a pre-emption, homestead, or timber- culture claimant shall file a written relinquishment of his claim in the local land office, the land covered by such claim shall be held as open to settlement and entry without further action on the part of the Commis- sioner of the General Land Office. Sec. 2. In all cases where any person has contested, paid the land office fees, and procured the cancellation of any pre-emption, homestead, or timber-culture entry, he shall be notified by the Register of the land office of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands : Provided, Thar said Register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported. Sec. 3. That any settler who has settled, or who shall hereafter settle, on any of the public lands of the United States, whether surveyed or unsurveyed, with the intention of claiming the same under the homestead laws, shall be allowed the same time to file his homestead applica- tion and perfect his original entry in the United States Land Office, as is now allowed to settlers under the pre-emption laws to put their claims on record, and his right shall relate back to the date of settlement, the same as if he had settled under the pre-emption law. Approved May 14, 1880. An Act for the relief of settlers on public lands. [Section I relates wholly to relief of parties trespassing on timber lands prior to March i, 1879.] Sec. 2. That persons who have heretofore under any of the homestead laws entered lands properly subject to such entry, or persons to whom the right of those having so entered for homesteads may have been attempted to be transferred by bona fide instrument in writing, may entitle themselves to said lands by paying the Government price therefor, and in no case less than one dollar and twenty-five cents per acre, and the amount heretofore paid the Government upon said lands shall be taken as a part payment of said price : Provided, This shall in no wise interfere with the rights or claims of others who may have subsequently entered such lands under the homestead laws. Sec. 3. That the price of lands now subject to entry which were raised to two dollars and fifty cents per acre, and put in market prior to January, eighteen hundred and sixty-one, by reason of the grant of alternate sections for railroad purposes, is hereby reduced to one dollar and twent}'-five cents per acre. Sec. 4. This act shall not apply to any of the mineral lands of the United States ; and no person who shall be prosecuted for or proceeded against on account of any trespass committed 4 50 THE AMERICAN SETTLER'S GUIDE. or material taken from any of the public lands after March first, eighteen hundred and seventy- nine, shall be entitled to the benefit thereof. Approved June 15, 1880. INSTRUCTIONS UNDER ACT OF JUNE 1 5, 1880. Under the second section of the above law, persons who prior to June 15, 1 880, entered, under any of the homestead laws, lands properly subject to such entry, are permitted to obtain title by paying the Government price, less the fee and commissions paid at date of original entry. In allowing entries of this class, proof will be required that the party was twenty-one years of age, was a citizen or had declared his intention to become a citizen of the United States, and was in other respects entitled to make the entry. [This proof is not now required.] When homestead entries, made prior to June 15, 1880, have been attempted to be transferred by bona fide instrument in writing, the persons to whom such transfers were made are author- ized to obtain title by like payments, and with like deduction of fees and commissions, as in the case of original homestead parties. The instrument in writing by which it was sought to transfer the homestead right must be filed, together with the best evidence attainable of the bona fide character of the transfer, in- cluding the affidavit of the party who seeks to purchase. Satisfactory proof must be submitted that the attempted transfer was made prior to June 15, 1 880. No entry will be allowed under the second section when an entry under the homestead laws shall have been made on the same land subsequent to the original entry; nor if the land was embraced in a prior valid entry existing at date of the original homestead entry; nor where adverse legal rights of any character exist at the date of the application or purchase. Applications to purchase under the second section will be made as in ordinary cash entry, and must be accompanied by the Receiver's duplicate homestead receipt ; or, if that has been lost or destroyed, by an affidavit setting forth such fact, and giving the Register's and Receiver's number, and the date of the original homestead entry. It must also be stated in the application that the same is made under the second section of the act of June 15, 1880, Where the duplicate receipt has been lost or destroyed, and the application to purchase is made by the original homestead party, the applicant must make oath that he has not transferred ncr attempted to transfer his homestead rights under said entry, nor assigned his right to receive the repayment of the fees, commissions, and excess payments paid thereon. In each case of an entry under the second section, the Register will certify to the Receiver the amount to be allowed as credit for fees, commissions, and excesses already paid ; the appli- cant first making oath that said fees, commissions, and excess payments have not been repaid, and that no application for such repayment has been made. Final homestead proof not being required in these cases, rio advertisement or notice of inten- tion to make final proof is necessary, and no final homestead fees are to be paid or collected. Warrants and scrip made receivable by law for lands subject to sale at private entry, or in commutation of homestead or pre-emption rights, and certificates of deposit on account of sur- veys, will be deemed receivable for lands purchased under the act of June 15, 1880. The existing rule must, however, be observed, that where the value of warrants or scrip ex- ceeds that of the land entered therewith, no repayment is authorized, but the warrant or scrip applied must be fully surrendered. In such case, there would be no claim for repayment on account of the fees and commissions paid on the original homestead entry. The third section reduces to one dollar and twenty-five cents per acre, the price of any lands which were subject to entry at two dollars and fifty cents per acre at the date of the approval of the act, having^ been doubled in price by reason of the grant of alternate sections for railroad purposes, and which were put in market at that price prior to the ist of January, 1861. Lands which have not been put in market for sale at ordinary private entry at two dollars and fifty cents per acre, or which were so put in market subsequent to the istof January, 1861, are not changed in price by this section. By reference to official records, it THE AMERICAN SETTLER'S GUIDE. 51 will be in any one's power to ascertain the facts in regard to any lands from which to decide as to the applicability of the rule to such lands. None of the provisions of this act apply to mineral lands, and no person is entitled to th benefit of any promsion of the entire act who falls within the inhibition named in this section RULINGS. The district land officers are instructed not to accept or act upon any relinquishment, unless made before them, which has not been duly subscribed by the claimant on the back of his du- plicate receipt, and acknowledged, witnessed, and executed in the manner requisite under the laws of the State or Territory in which the land is situated for the valid transfer of real estate. ]n case of the loss of the duplicate receipt, an affidavit of such loss must accompany the written relinquishment(*). When a relinquishment is filed before the final disposition of a contest, it should be treated as proof of abandonment, and the contestant notified of his preferred right of entry^*). The act of May 14, 1880, gives the contestant of a homestead entry a preference nght only upon the cancellation of the entry. A homestead claimant whose entry is being contested under the act of May 14, 1880, may purchase the tract entered under the act of June 15, 1880, and thus prevent any right of the contestant from attaching ("). The act of May 14, 1880, places the homestead claimant of unsurveyed land in the same po- sition with pre-emption claimants as regards the right to place his claim on record within three months after filing of township plat of survey in the local office, notwithstanding the fact that the land has been appropriated by a prior homestead entry (*). Under the act of May 14, 1880, a homestead claimant who settled on land covered by an uncancelled prior entry, cannot be credited with the time such entry remained uncancelled after his settlement(«). Parties cannot, under the law of May 14, 1880, be allowed credit for settlement on land withdrawn for railroad purposes prior to the restoration thereof to market ('). An administrator cannot purchase the tract of land covered by the homestead of a deceased entrj'man; but the right descends to his widow, minor orphan children, or heirs. Where a transfer of his right, or an attempt at transfer, was made prior to the claimant's death, the right to purchase is in the party concerned, to the exclusion of the widow, children, and heirs («). The widow of a deceased settler may sell her right xinder the act of June 15, i88o(^). Act of June 16, 1880 — Repayments. The following are the essential sections of this act; An Act for the relief of certain settlers on the public lands, and to provide for the repayment of certain fees, purchase money aud commissions, paid on void entries of public lands. In all cases where it shall, upon due proof being made, appear to the satisfaction of the Secretary of the Interior that innocent parties have paid the fees and commissions and excess payments required upon the location of claims under the soldiers' and sailors' homestead act, which said claims were, after such location, found to be fraudulent and void, and the entries or locations made thereon canceled, the Secretary of the Interior is authorized to repay to such innocent parties the fees and commissions, and excess payments paid by them, upon the sur- render of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase-money on lands erroneously sold by the United States. Sec. 2. In all cases where homestead or timber-culture or desert-land entries or other entries of public lands have heretofore or shall hereafter be canceled for conflict, or where, from any cause, the entry has been erroneously allowed and cannot be confirmed, the Secretary of the r») General Circular, October i, 1880, p. 16. n>) Johnson vs. Halvorson, Land Owner, Vol. 8, p. 56. (•) Gohrman vs. Ford, Land Owner, Vol. 8, p, 6. {i) Esrey vs. Glenn, Land Owner, Vol. 7, p. 148. (•) Michael McVcy, Land Owner, Vol. 8, p. 92. (0 Northern P. R. R. Co., Land Owner, Vol. 8, p. 91. («) Alejtandor Low, Land Owner ^ Vol. 8, p. 72. (k) D'. F. Herrington, Land Owner, Vol. 8, p. 56. 82 THE AMERICAN SETTLER'S GUIDE. Interior shall cause to be repaid to the person who made such entry, or to his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same, upon Ihe surrender of the duplicate receipt and the execution of a proper relinquishment of all claims o said kind, whenever such entry shall have been duly canceled by the Commissioner of the jeneral I-and Office; and in all cases where parties have paid double minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manner be repaid to Uie purchaser thereof, or to his heirs or assigns. Act of June 8, 1880 — Insane Claimants. An Act to provide for issuing patents where the claimants have become insane. In all cases in which parties who regularly initiated claims to public lands as settlers thereoa according to the provisions of the pre-emption or homestead laws, have become insane or shal) hereafter become insane before the expiration of the time during which their residence, cultiva- tion, or improvement of the land claimed by them is required by law to be continued in ordei to entitle them to make the proper proof and perfect their claims, it shall be lawful for the re- quired proof and payment to be made for their benefit, by any person who maybe legally authorized to act for them during their disability; and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the Gen- eral land Office that the parties complied in good faith with the legal requirements up to the time of their becoming insane, and the requirement in homestead entries of an affidavit of allegiance by the applicant in certain cases as a pre-requisite to the issuing of the patents shall be dispensed with so far as regards such insane parties. REGULATIONS UNDER THE ABOVE ACT. This act applies only to pre-emption and homestead claims. Such claims must have been initiated in full compliance with law, by persons who had de- clared their intention to become citizens, and were in other respects duly qualified, The party for whose benefit the act shall be invoked must have become insane subsequent to the initiation of his claim, and the act will not be construed to cure a failure to comply with the law, when such failure occurred prior to such insanity. If such claimant is shown to have complied with the law up to the time of becoming insane, final proof will not be received in homestead cases until the expiration of five years from the date of the original entry, but proof of residence and cultivation will be required to cover only the period prior to such insanity. If a claimant becomes insane after expiration of the period of residence, etc., the act will be construed to permit his guardian to act for him within the time in which he might have made final entry himself. The final proof must be made by a party whose authority to act for the insane person during such disability shall be duly certified under seal of the proper probate court, and no proof of citizenship, except of declaration of intention to become a citizen, will be required. Act of January 13, z88i — Railroad Lands. An Act for the relief of certain settlers on restored railroad lands. All persons who shall have settled and made valuable and permanent improvements upon any ood-numbered section of land within any railroad withdrawal, in good faith and with the per- mission or license of the railroad company for whose benefit the same shall have been made, and with the expectation of purchasing of such company the land so settled upon, which land so settled upon and improved, may, for any cause, be restored to the public domain, and who, at the time of such restoration, may not be entitled to enter and acquire title to such land under he pre-emption, homestead, or timber-culture acts of the United States, shall be permitted, at jiy time within three months after such restoration, and under such rules and regulations as the Commissioner of the General Land Office may prescribe, to purchase not to exceed one hun- dred and sixty acres in extent of the same by legal subdivisions, at the price of two dollars and fifty cents per acre, and to receive patents therefor. THE AMERICAN SETTLER'S GUIDE. 5^ Act of March 3, 1881 — Climatic Reasons. An Act to amend section two thousand two hundred and ninety-seven of the Revised Statutes, relating to homestead settlers. Where there may be climatic reasons, the Commissioner of the General Land Office may, it his discretion, allow the settler twelve montlis from the date of filing in which to commence his residence on said land, under such rules and regulations as he may prescribe. REGULATIONS UNDER THE ABOVE ACT. At tlie expiration of six months from date of entry, the homestead party who has not been able to establish a bona Jide residence upon the homestead, owing to cUmatic reasons, must file with you his affidavit, duly corroborated by two credible witnesses, giving in detail the storms, floods, blockades by snow or ice, or other climatic causes, which rendered it impossible for him to commence residence within six months. It will be insisted in each case that the claimant shall exercise all reasonable diligence in estabhshing bona Jide residence as soon as possible after the climatic hindrances have disap- peared ; and a failure to do so would imperil the entry in the event of a contest prior to the expiration of one year from date of entry. A claimant cannot be allowed the latitude of twelve months, when it can be shown that he could have established his residence on the land at an earlier day. To the end that proper data may be placed on file, you will require each settler who seeks the remedy which said act trusts to my discretion, to furnish a supplemental corrob- orated affidavit as soon as residence is established by him, giving date of the completion of his house, its probable value, and the date of commencmg residence therein. The affidavits called for should be acknowledged as in homestead proof, before a judge or clerk of the court of the county in which the claimant resides, or before a district land officer. RULINGS UNDER ACT OF MARCH 3, 1 879, ALLOWING ADDITIONAL HOMESTEADS. (seC p. 27.) A homestead claimant, otherwise qualified, may make an additional homestead entry, not- withstanding his original homestead entry was changed to a cash entry under the act of Jun 15, i88o(*). A new entry under the act may be allowed, notwitlistanding a settlement on the land em- braced in the original entry was not made, as the privilege allowed by the law is unconditionaL Cultivation and settlement must be made on the additional land(^). New entry will be allowed without any additional payment of fee or commissions, without regard to the area of land heretofore entered, or applied for, or the amount of fee and commis- sions previously paidC). Patent cannot issue on an additional homestead entry until the party has resided on and cul- tivated such additional entry tract for at least one year from date of the new or additional entry(*). Final proof must be made on such entries within two years after the completion of the term of residence and cultivation required by law ; and as your son has made proof on his original entry showing residence and cultivation for a period of " five years," he is entitled to a credit oi/our years on his additional entry, and must therefore make final proof thereon within three years from the date of said additional entry ; as it would seem from the language used in said act (with reference to residence and cultivation) that it (the act) was intended to conform as nearly as possible to existing statutes, as in cases where the original entry is relinquished and a tiew entry made, the proof must be made within seven years from the date of the original entry y if any credit is claimed thereon (on original); and in cases of additional entries where proof has been made on tlie original entry, the act virtually extends the time within which proof must be made as required by law to a period of two years subsequent to the completion of tlie term of "residence and cultivation required by law"(«). A woman having married is not disqualified from making an additional homestead under tliis acl('). (») E. D. Sewall, LaTid Oiuner, Vol. 8, p. 72. (b) Anton Rager, Ltifid Oiuner, Vol. 8, p. 35. (•) liistruciions, LMud Otj.ier, Vol. 8, p. 71. (dj Frank Buffmire, Laud Owner, Vol. 8, p. 56. («; L. M. Wirt, Land Oivner, Vol. 7, p. 25. i/j Eda Carnochau, Land Ozvner, Vol. 8, p. lai. 54 THE AMERICAN SETTLER'S GUIDE. Late Rulings Under the Homestead Laws. SETTLEMENT AND ENTRY. A party who goes upon public land as a tenant for a pre-emptor or homesteader cannot claim against his landlord (*), Where a party goes upon public land as the tenant of an absent person who has not made entry of the land, he may make entry in his own name(*'). The tenant of a railroad company cannot base a pre-emption or homestead claim upon oc- cupancy of the railroad right of way(''). A homestead entry must be canceled where a party fails to show citizenship(*). Parties desiring to enter government lands under the homestead or timber culture laws, who are alien born, and state in their affidavits that they have declared their intention to become citizens of the United States, must furnish record proof of the same to accompany their appli- cation and affidavit(*). A homesteader who is naturalized through his father, must show that he was dwelling within the United States at the time(^). Pending a pre-emption claim, a party cannot make a homestead entry without abandoning his pre-emption claim (8), Where a qualified party desires to make both a homestead and a timber culture entry, he may commence contest against two timber culture entries f'^). A homestead claimant who relinquished his homestead in Kansas on account of grasshopper ravages, exhausts his right of homestead, and cannot make a second entry in another State(*). Where a homestead settler dies before completing the proceedings for making a homestead entry, the administrator may make such entry for the benefit of the infant children (the mother being dead), and in due time make the required final proof(J). A mmor's entry is canceled, but he is allowed to make another entry of the land with credit for settlement from the date he became 21 years of age^). Where an application is made by a party to enter land as a homestead, and the party dies before the entry is perfected, his heirs may make the desired entry (i). An heir can claim in general only when the ancestor's right was perfect at his deathC"). A married woman cannot make a homestead entry or a timber culture entry unless she has been deserted by her husband, or for some other reason can be regarded as the head of the family (°). A widow as the legal representative of her deceased husband may continue to cultivate his homestead, and at the same time make an entry in her own name(**). The mere fact of consanguinity with a local officer will not invalidate a homestead entry. As the homestead party is not a member of the Receiver's family nor an employee in the land office, his entiy is allowed to stand(P). A homestead entry by a sister of the Receiver is not objectionable on that account alone(*i). A party made a homestead entry, and prior to the end of six months from date of such entry, made cash entry on a pre-emption filing covering different land: held^ that the home- stead entry should be canceled (•■). A qualified party may relinquish his timber culture entry, and enter the same land as a homesteadC). (*) Callahan vs. McLaughlin, Land Owner, Vol. 10, (J) Fred. Muske, Land Oivner, Vol. 10, p. 35. p. 256. (k) W. T. Bostwick, Land Owner, Vol. 10, p. 89. (•>) Ficker vs. Murphy, Land Owner, Vol. 10, p. 377. {}) Townsend's Heirs vs. Spellman, Land Owner, («) Gardner vs. Snowden, Land Owuer, Vol. 10, p. Vol. 10, p. 241. 173- (™) Elias Brechbill, Land Owner, Vol. 10, p. 262. (d) Thomas Madigan,"Za«^ Owner, Vol. 9, p. 7. (n) Anna D. Wohlfarth, iMnd Owner, Vol. 10, p. 333. (•) Instructions, Land Owner, Vol. 10, p. 103. (») F. M. Heaton, Land Owner, Vol. 10, p. 90. (') Adolphus Pinder, Land Owner, Yo\. 9, p. 72. (p) Cronk vs. Page, Land Owner, Vol. 10, p. 120. (k) Rufus McConliss, Land Owner, Vol. 10, p. 41. (q) Livingston vs. Page, Land Owner, Vol. 10, p. 121. (•>) Milton F. Bloss, Land Owuer, Vol. 10, p. 107. (') Carrie L. Wheelock, Land Owner, Vol. 10, p. 24c, (*) Davis vs. McNeel, Land Owner, Vol. 11, p. 85. (•) W. C. Latimer, Land Owner, Vol. 8, p. 122. THE AMERICAN SETTLER'S GUIDE. 55 A patent may be corrected so that the patentee's name shall agree with his signature. But if the claimant signed his name incorrectly in his application, his remedy is in the courts(*). An association cannot enter land under the pre-emption or homestead law^''). A homestead settler on unsurveyed public land not yet open to entry must make entry within three months after the filing of the township plat of survey in the district land oificeC). The act of settlement must be notorious and significant of a purpose('^). The mere act of locking the door of a purchased house is not settlement(^). Settlement is a personal act, and can date only from the time the party went upon the land. Purchase of prior improvements does not transfer vendor's date of settlement(^). Work by a party who is hired to dig a ditch cannot be claimed as an act of settlement(8). Existing entries are a bar to other entries or filings not based on prior settlement. The time during which plats are withdrawn from the local office, does not run against homestead or pre-emption clairaants(^) Credit is not allowed for settlement on land not subject to entry('). A subsequent settler who enters unenclosed land without force can acquire title(^). Acts of settlement performed while the land is embraced in a homestead entry give a claimant no legal status. After cancellation of the entry the rights of two pre-emptors mxist be determined by their settlement, and not by their residence ; the first bona fide settler takes the land in dispute if followed within a reasonable time by his residence thereon(^) A settlement is an appropriation of land, and a subsequent entry is subject to the settler's compliance with law. The entry appropriates it against the world, except the prior settler. The assertion of the settler's clatm initiates a contest. The burden and expense of proof is upon the entryman. The settler's application to transmute must be received, and the entry- man given an opportunity to show cause why it should not be permitted('). A homestead entry is an appropriation of the land involved, taking effect from date of set- tlement, and after that date a pre-emptor could acquire no rights to the land except on can- cellation of the homestead entry(™). In case of unsurveyed lands, where a party notifies a subsequent settler to keep liis stock away from the land covered by the prior party's improvements, it is sufficient notice that he claims the subdivision upon which his improvements should appear to be when survey was madeC). A party purchasing from the U. S. a tract on which are abandoned improvements, may claim the improvements found upon it at date of purchase^). While a homestead entry remains uncanceled, another entry of any kind cannot bi al- lowed (p). An entry of record valid on its face excepts a tract of land from a subsequent law, gr?.nt or sale until a forfeiture is declared (i) A mere occupant of public land has no right thereto('). Joint entry by pre-emption and homestead claimants may be allowed (»). Where two homesteaders settled before survey on the same forty-acre tract, joint cash entry may be made(*). The practice of allowing parties making a homestead or timber-culture entrj' credit foi the fee and commissions paid by them on a canceled prior entry is discontinued^'"). (») Alexander Chaboillez, Land Ower 'Vol. 9, p. 84. (i) Slate vs. Dorr, Land O-amer, Vol. 10, p. 312. 0>) Krom vs. Lineberg, Land Owner, Vol. 9, p. 167. (»>) Cragin vs. Melbarg, Land Oiuner, Vol. 10, f. 168. (•) Land Office Circular, March i, 1884, p. 12. (n) Hart vs. Guiras, Land Oitmer, Vol. 10, p. 326. (4) Morgan vs. Maxwefl, Land Owner, Vol. 10, p. 70. (0) Bishop vs. Porter, Land O-amer, Vol. 9, p. 166. (•) Cragin vs. Melbarg,' Landowner, Vol. 10, p. 168. (P) Whitney vs. Maxwell, Land Owner, Vol. 10, p. O Knight vs. Haucke, L^ind Owner, Vol. 10, p. 281. 104. («) Cook vs. Slattery, Land Owner, Vol.10, p. 194. (q) St. P., M. & M. R. R. Co, vs. Rouse, Land (k) Ernest Trelut, Land Owner, Vol. 10, p. 333. Owner, Vol. 10, p. 215. (») Michael McVey, Land Owner, Vol. 8, p. 92. (') Charles Stevens, Land Owner, Vol. 10, p. i2o.][^ Q) Brown vs. Quinlan, Land Owner, Vol. 10, p. 7. (») Burton vs. Stover, Land Owner, Vol. 10, p. 345. (*) McAvinney vs. McNamara, Land Owner, Vol. («) Miller vs. Stover, Land Owner, Vol. 10, p. 2-^. 10, p. 274. (n) Instructions, Land Owner, Vol. 10, p. 306. 06 THE AMERICx\N SETTLER'S GUIDE. The term "quarter-section" is used to designate a certain legal subdivision of the public land ascertained by official survey. It generally contains just 1 60 acres, but through the un- avoidable inaccuracy of surveys in adjusting meridians, etc., it often exceeds or falls below that amount. It is still, however, the technical legal quarter section defined by law and as- certained by official survey. A homestead settler may enter 160 acres in legal subdivisions lying contiguous to each other without reference to the quarter-section lines, or he may enter a technical quarter-section as such, in which case he can take the amount of land contained therein, as shown by the official survey. In entering a " quarter-section," he cannot depart from the ascertained lines, but must take one hundred and sixty acres, more or less, as the case may be. In an entry of one hundred and sixty acres, as nearly as may be, composed of fractional lots bounded by irregular lines, as in case of entry along creeks and the like, or from an entry embracing subdivisions of different quarter-sections, an applicant may elect be- tween any of the contiguous fractional subdivisions, and approximate his entry to 160 acres without forfeiting any right('*). An excess payment, where the amount would be less than one dollar, is not required in homestead and timber culture casesC*), Where th.e excess above 160 acres is less than the deficiency would be should a subdivision be excluded from the entry, the excess may be included, but when the excess is gi-eater it is excluded (°). Section 2290 Revised Statutes does not refer to a technical half-quarter section when it pro- vides for a fee of $5 for a homestead entry of " not more than 80 acres; " the fee is $io where a half-quarter section contains 82.09 acres(*). Parties who yield to the unlawful and unauthorized demands of the Receiver for money, do so at their peril, and the government will not make good their losses. A public officer can bind the government only so far as the law provides. All parties are presumed to know the law, and the scope of a public officer's agency (*>). A homestead application, erroneous in form, afterwards corrected, should take effect from tlie date when first received at the local land office('). Where there is more than one court of original jurisdiction in a county, the clerk of each court is authorized to take preliminary homestead affidavits under Section 2294 R. S(8). The homestead entry of a tract not legally subject thereto is void, and must be regarded as never made. The party may thereafter apply to make a legal entry C*). In view of the altitude and lack of moisture, the land in this homestead entry will not pro- duce crops. A relinquishment and second entry are permitted ('). A second homestead entry will not be refused on account of carelessness in selecting land upoii which a prior settler is actually residing(J). Land overflowed during the late winter and early spring months, but tillable after the first day of June, is not "swamp and overflowed land" Muthin the meaning of the lawC'). Filings and entries cannot date back of day when reserved land is ordered restored to the public domain. But no mere de facto reservation or appropriation can affect the rights of qual- ified claimants. A presumptive reservation may be overcome. Erroneous mrakings on plats and field-notes do not constitute reservations, and such markings are not conclusive evidence of the character of land(»). A mineral application cannot be received for land covered by a homestead entry, until tlie {'■•) Peder O. Aanrud, Land Owner, Vol. 7, p. 103. (*•) Rue vs. Hicks, Land OiuneryVol. 10, p. 168. i}') A. R. Greene, Land Oivncr, Vol. 10, p. 226. (') Silas Halsey, Land Oxvner, Vol. 10, p. 273. (<^) H. P. Sayles, Land Ozuncr, Vol. lo, p. 210. (J) Frank Neisinger, Land Owner, Vol. 10, p. 323. (!'') Reuben Decker, Land Oivner, Vol. 6, p. 193. i^) State of Oregon vs Goodlow, Land Owner, Vol !i;o; H. O. Plodges, Land Owner, Vol. 7, p. 150. 10, p. 176. \^) Banks vs. Smich, Land Owner, Vol. 10, p. 2^6. (') Cole vs. Markley, Land Owner, Vol. 10, p. 238. (a) Ashley D. Sie;; :l..,n.son, Land Owner, Vui. 11, p THE AMERICAN SETTLER'S GUIDE. 57 agricultural character of the land is disproved at a hearing. A homestead entry is a reserva- tion of the land embraced thereby(*). Land within a homestead entry cannot be embraced in a military reservation('»). Where lands have been surveyed, and there is no withdrawal for military purposes, a tem- porary occupation of the land as a military encampment does not subject the same to the exclu- ave control of the Secretary of War. It is still subject to occupation as public lands(<'). If a homestead claimant who has sold a church site fails to perfect his claim his warranty deed is worthless against the govemment(<^). Where double minimum land has been selected and certified to a state under the Internal Improvement Grant settlement tliereon cannot be permitted, notwithstanding such certification ic alleged to have been erroneous(*). A mortgage is not void under the homestead actO The rights of homestead claimants within the incorporated limits of a city or town-site may , e protected by the act of March 3, 1877(8). Homestead claimants on timber lands are liable to prosecution for removing and selling timber before final proof is madeC*). Where the facts show good faith in the settlement and cultivation of the land by the home- steader, the cutting and selling of the timber on his land need not be reported by special agents('). Land that comers on another tract does not "adjoin" it(J). Residence and Cultivation. The period of continuous residence and cultivation begins to run at the date of actual settle- ment, in case the entry at the district land office is made within the prescribed period (thi-ee months) thereafterC'). An actual, personal, continuous residence is not necessary in a homestead entry(i). A party who temporarily leaves his homestead to care for other property does not abandoi his residence thereonC"). The fact that a homesteader sometimes camped and slept and ate upon the land, cannot be regarded as residence("). Where a party made reasonable attempt to commence residence, but was prevented by tliteats, the failure to effect residence should not cancel his homestead entry(°). Residence cannot be claimed on a tract during the time it was covered by another home- stead entry(P). Enclosing a homestead entry with a pre-emption entry and residing on the pre-emption en- try is not a compUance with the homestead law(*i). Residence on an adjoining tract, and cultivation of the land embraced in the homestead entry, is not a compliance with the law^). Residence on a homestead must be in person and cannot be by proxy, even by a member of the entrj'man's family (»). Residence is largely a question of intent(*). Intentions are not the equivalent of actual residence and improvement('*). («) Hooper vs. Ferguson, Land Ovmer, Vol. 10, p. (™) Owings vs. Lichtenberger, Land Owner, Vol. 9, 169. p. 197. (b) R. T. Lincoln, Land Owner, Vol. 8, p. 72. («>) Barbeau vs. S. P. R.^. Co., Land Owtier, Vol. (e) Instructions, Land Owner, Vol. 8, p. 73. 9, p. 81. (*) W. A. Fitzgerald, Land Owner, Vol. 9, p. 94. (•) Andrews vs. Forest, Land Owner, Vol. 9, p. 131. (•) J. M. Deweese, Land Owner. Vol. 10, p. 359. (P) John Johnson, Land Owner, Vol. 9, p. 132. ) Sandall vs. Davenport, Land Owner, Vol. 11, p. (J) T. W. Luning, Land Owner, Vol. 7, p. 135. 71. (k) Stewart vs. Jacobs, Land Owner, \ ol. 7, p. 135. if) Campbell vs. Moore, Land Owner, Yo\. u, p. 72. (i) L. P. Skarstad, Land Owner, Vol. 9, p. 58, (d) George W. Sheppard, Land Owner, Vol. 10, p. 36. (") Richard Griffiths, Land Owner, Vol. 10, p. 366. (e) Harris vs. Radcliffe, Land Owner, Vol. 10, p. 209. (") Thomas Hammill, Land Owner, Vol. 10, p. 208. (0 W. T. Huey, La?id Owner, Vol. 11, p. 37. (0) Sederquist vs. Ayers, Land Owner, Vol. 10, p. (e) W. E. Whiting, Land Owner, Vol. 11, p. 37. 227. (*) Jacklin vs. Samuelson, Land Owner, Vol. 10, p. (p) M. E. Parker, Land Owner, Vol. 10, p. 103. 3TX THE AMERICAN SETTLER'S GUIDE 5» Tlie published notice invites all parties to show cause, if any, why an entry should not be allowed, and any testimony showing a better right in another should be considered (*). Final proof taken before the judge or clerk of court, must be made where the court is held and the seal kept(^). Final proof in a homestead and pre-emption entry may be made before a county clerk at his office, notwithstanding no court may be held in his county (•). The county judge or clerk of court must transmit to the Register and Receiver the home- stead proof and pre-emption affidavit taken before said judge or clerk(^). The final proof should be completed within seven years from date of entry (•). Upon a protest against final proof, any testimony showing a better right in the adverse claim- ant is competent whether based upon the allegations contained in the protest or not(*). Occupation of a number of buildings, as a town or place of business, on a tract of land at date thereof, is no bar to final entry, should such occupation be temporary and cease before offering of final proof(«). Final proof may be made where a county is in two land districts at the county seat, though it may be in another land district. Only disinterested persons living in the vicinity and cognizant of the facts sworn to are com- petent witnesses in making final homestead and pre-emption proof(^). In pre-emption and commuted homestead cases, the testimony of witnesses, in offering final proof, may be taken before any officer authorized to administer oaths ; but under section 2292 and act of March 3, 1877, the testimony of witnesses must be taken before the officer before whom the claimant appears(*). An absolute conveyance by the claimant of a small portion of an acre belonging to the homestead tract, does not disqualify him from making final entry, as notice of such a small matter need not be taken cognizance of in the administration of the law. An agreement to convey land, entered into by a party prior to final proof, is not considered as evidencing bad faith in making the entry, should he obtain a release from the contract ; such a contract, in any case, is no bar to making the final affidavit, inasmuch as it does not constitute the alienation which the law prohibits(J). A verbal agreement to sell land, is not binding under the statute of frauds, and will not in- validate the rights of a homesteader. Where a claimant has made final proof and paid or tendered the fees and commissions, he is entitled to a final certificate, and has a right to make an agreement to sell the land(*). Where final proof of a homestead claimant is satisfactory except that he has made a quit- claim deed for the land in question, he should be allowed an opportunity to prove his allega- tions that such deed was made under duress(^). Five rules are laid down, which recognize a deserted wife or child as the absent husband's agent: 1. Where the entiyman has established a residence and placed his wife upon the land, no one but his wife shall be heard to allege the desertion, in proof of his change of residence or abandonment, during the period of seven years from date of the entry, provided that she maintains a residence on the land. 2. Within seven years from date of the entry, if the wife, maintaining her residence on the land, shall allege and prove her husband's desertion of her, said entry shall be canceled, and she shall be permitted to enter the land in her own name, provided that she is the head of a family, or that she has the legal rignt to acquire real property as a feme sole. (•) Spencer vs. Carleton, Land Owner, Vol. 11, p. 98. (t) W. W. Burke, Land Owner, Vol. 10, p. 55. 0*) H. N. Copp Land Owmr, Vol. 10, p. 256. (') Fred Hodgt, Land Owner, Vol. 11, p. 98. («) M. A. Butterfield, Land Oivner, Vol. 10, p. 310. (J) Matthiessen and Ward z/j. Williams, Za«) Fred Muske, LMnd Oioficr, Vol. 10, p. 35. (b) Dodd vs. Gamble, Land Oivner, Vol. 10, p. 359. (') H. C. Dodge, LandOtvner, Vol. 8, p. 193. (•) Adclph Scidensticker, Lafid 07uner,'Vo\. 8, p. 55. (J) Sarah Leonard, Land Owner, Vol. 9, p. 6. («i) John J. Jones, Land Owner, Vol. 9, p. 73. ('') Lorenzo A. Paddcck, Land Ozuner, Vol. 10, p. 91 (•) Suspended Entries, Land Oivner, Vol. 7, p. 91. (') Baxter vs. Cross, Land Owner, Vol. 11, p. 103. O A. B. Hays, Land Owner, Vol. 10, p. 192. (•») Condon vs. Arnold, Land Owner, Vol. 10, p. 269. («f) J. F. Foisjui, Land O-iuncr, Vol. 10, p. 394. (o) Jackson c/j. y^cV.-i(j\\, Land Owner, ^oX. 9, p. 230. THE AMERICAN SETTLER'S GUIDE. 61 A contest by a divorced wife against her absent husband's homestead entry should be treated as between parties who were never married (*). Offering to sell a relinquishment is not sufficient ground on which to order a hearing('') An attempted sale of land embraced in a homestead entry, is not sufficient ground for can- cellation, but raises a presumption of bad faith('=). A contract to sell part of a homestead is void, and will not affect the legal status of the claimant. Only an absolute conveyance will defeat his right(<^). Where a party believes that as a settler he has a better right to the tract than the entryman, he should initiate contest by filing his application to enter within the period prescribed by law(«). In initiating a contest against a homestead entry, the contestant need not make application ^o enter(^. A pre-enrptor cannot cite a homstead claimant to a hearing until date of offering final proof(8). A party having made a homestead entry failed to cultivate the land, and sold his tract to a woman, who, on the plea of being an innocent purchaser for valuable consideration, applied to have a patient issued to her for said entry ; Heldj that the applicant cannot be considered an innocent purchaser without notice; that the homestead right is made dependent upon the performance of certain conditions, and purchasers are bound to know the law, and examine the titles they buyC'). Purchasers of a homestead before patent have no standing in a contest ('). Where one contest against a homestead entry is pending, a second application to contest will be rejected (J). In contest against a homestead entry the character of a witness may be impeached, and a continuance had for purf>ose of seeming evidence in rebuttal(*). No improvement and settlement made by contestee, after initiation of a contest against his entry, shall accrue to his benefit, or act to defeat the vested rights of a contestant and appli- cant(i). In a case a hearing ordered in the usual manner will not develop the truth where perjury of witnesses in making final homestead proof has been alleged, the local officers may make personal inquiry (■»). « Relinquishment. Relmquishment obtained while the homestead party was wholly or partially under the in- fluence of intoxicating liquors is void('»). A relinquishment obtained while the claimant was in a drunken stupor, and objected to afterwards, cannot be considered a voluntary act(«). A relinquishment to have full force and effect must have been knowingly and voluntarily made(P). It does not appear that the widow or heirs, if any, authorized the administrator to relin- quish their rights(*i). A widow or administrator can alone relinquish when the sole heir of the deceased('). (•) Thomas vs. Thomas, Land Qatner, Vol. lo, p. 19. (k) Packard vt. Jackson, Land Owner, Vol. 9, p. 0>) BaJley vs. Olson, Land Oitmer, Vol. 10, p. 290. 187. (•) Guyton vs. Prince, Land Oivner, Vol. 10, p. 70. (l) Instructions, Land Owner, Vol. 7, p. 39. (<*) Aldrich vs. Anderson, Land Oitmer, Vol. 10, p. (») J. C, Trcmper, Land Otimtr, Vol. 6, p. 153. 358. (») Desarchy vs. Juarei, Land Ovmer, Vol. 10, p. (•) Bishop w. Porter, Land Oivner, Vol. 10, p. 271. 91. O Bailey vs. Olson, Land Oitmer, Vol. 10, p. 290. (•) Duncan vs. Campbell, Land Oitmer, Vol. 10, p. («) Desarchy vs Juarez, Land Oivner, Vol. 10, p. 91, 349. 0") Margaret Kissack, Land Oivner, Vol. 6, p. 189. (P) Ficker vs. Murphy, Land Oivner, Vol. 10, p. 377. (*) Instructions, Lattd Oitmer, Vol. 9, p. 210. (q) Sally Hickok, Land Ovmer, Vol. 9, p. 173. (J) G. E. Van Ostraud, Land Ozvner, Vol. 9, p. 7. (') George Taylor, Land Owner, Vol. 9, p. 37. r,3 THE AMERICAN SETTLER'S GUIDE. The relinquishment of an entry will not be recognized except on proof of proper authority ihereforf*). A homestead claimant may relinquish part of his entry without assigning any reason for such action, and may commute part of his claim before or after cancellation of the remaining portion C*). In case a homestead' entry embracing an area in excess of 1 60 acres (the party paying for such excess) is canceled for relinquishment, the party to the entry has no claim to the excess in area over 160 acres(''). The purchaser of the relinquishment of public land entry gains no rights against the United States from the mere fact of such purchase, and the question of duplicate sales or of the pay- ment or non-payment of the purchase money, has no legal bearing in the determination of a case(*). Where a party made a homestead entry, believing residence on the land was not required, and voluntarily relinquished his entry, his application for return of the fees and commissions cannot be granted (®), The moment a relinquishment is filed, the land covered by the entry thus abandoned re- verts to the Government, and is open to settlement and entry. "When the relinquishment is presented, the entry should be immediately canceled without reference to what party may ac- quire a preference right of entry by such cancellation C). In the event of a legal contest, pending when the relinquishment is filed, the preference right of entry enures to the contestant('). A relinquishment does not open land to pre-empti6n entry until filed ; if then a legal contest and application to enter are pending, the contestant on the successful termination of the contest has a preference right of entry (k). A preference right of entry is not assignable, and cannot be transferred by a father to his daughter C'). Pre-emption Homesteads. The right to transmute a pre-emption filing to a homestead, depends upon the validity of the pre-emption claim. (') Pre-emption filing, where party has resided on tract five years, may be transmuted to a homestead entry, and notice to prove up may be given on same day, if there has been five years of residence since settlement. (J) Pre-emptors who would transmute to homesteads, must give notice to subsequent home- stead claimants on the same land who may contest the transmutation. (") Soldiers' Homesteads. These forms have been prescribed by recent regulations in view of attempted frauds on sol- diers. SOLDIER'S DECLARATORY STATEMENT. No. . I, , of County and State or Territory of , do sole mly swear that I served for a period of in the Arniy of the United States during the war of the rebellion, and was honorably discharged there- from, as shown by a statement of such service herewith, and that I have remained loyal to the Government^; that I have never made homestead entry or filed a declaratory statement under sections 2290 and 2304 of the Revised Statutes ; that I have located as a homestead under said statute the , and hereby give notice of ray intention to claim and enter said tract; that this location is made for my exclusive use and benefit, for the purpose of my actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person y present post-ofi5ce address is Sworn and subscribed before me this day of , 18 — . [Seal.] (•) Childs vs. Cornelius, Land Owner, Vol. 10, p. (g) A. J. Doremus, Land Oivner, Vol. 10, p. 391. 366. (h) Henton vs. Howard, Land Owner, Vol. 9. 0") J. L. Gray, Land Owner, Vol. 6, p. 153. 170. (0) S. A. Baker, Landowner, Vol. 10, p. 360. (') Slate vs. Dorr, Land Owner, Vol. to, p. 313. (*) Andrew Korbe, Land Owner, Vol. 10, p. 124. (J) F. D. Packard, Land Owner, Vol. 8, p. 91. (*) John Garland, Land Owner, Vo\. 9, p, 168. (k) Wolf z/j. Struble, Land Owner, Vol. 9 p. 148. <*) Whitford vs. iCehton, Land Owner, Vol. 10, p. 374. THE AMERICAN SETTLER'S GUIDE. 63 SOLDIER'S DECLARATORY STATEMENT (FILED BY AN AGENT). Ko. . I, , ot County and State or Territory of , do solemly swear that I served for a period -»f in the Army of the United States during the war of the rebellion, and was honorably discharged there- %t>m, as shown by a «(latement of such service herewith, and that I have remained loyal to the Government ; that I have never made homestead entry or filed a declaratory statement under sections 2290, 2304, or 2309 of the Revised Statutes ; that I have appointed, by power of attorney duly executed oh the day of (or I do hereby appoint), , of county and State of , my true and lawful agent, under section 2309 aforesaid, to select for me and in my name, and file ray declaratory statement for a homestead right under the aiforesaid sections ; and I hereby give notice of my intention to claim and enter said tract under said ■.tatute ; that the location herein authorized is made for my exclusive use and benefit, for the purpose of ray actual settlement and cultivation, and not either directly or indirectly for the use and benefit of any other person ; that my said attorney has no interest, present or prospective, in the premises, and that I have made no arrangement or agreement with him or any other person for any sale or attempted sale or relinquishment of my claim in any manner or for any consideration whatever, and that I have not signed this declaration in blank. Sworn and subscribed before me this day of , 18 — , and I certify that the foregoing declaration was fully filled out before being subscribed or attested. [Official seal.] . By virtue of the foregoing, and of a certain power of attorney therein named, duly executed on the ■ day of , and filed herewith, I hereby select the as the homestead claim of , the aforesaid, ind do solemnly swear that the same is filed in good faith for the purposes therein specified, and that I have no interest or authority in the matter, present or prospective, beyond the filing of the same as the true and law . 4il agent of the said , as provided by section 2309 of the Revised Statutes of the United States. , Agent. Sworn and subscribed before me this day of , 18 — . [Official seal.] .. The filing of a soldier's declaratory statement is a personal privilege, and should not be con- strued to his injury. A soldier who made and abandoned an original homestead of 80 acres prior to June 1874, may make an additional entry of 80 acres more(*). Application to file pre-emption and homestead declaratory statement at the same time will be rejected(''). A settler, a part of whose claim is surveyed, is not bound to file his declaratory statement until the plat of the other township is first filed in the local ofHce(°). A pre-emptor may settle on land covered by a soldier's filing and file his pre-emption de- claratory statement. After the homestead party has made entry, the pre-emptor is not de- prived of his privilege of making proof and payment because of a third party's contest against the said homestead entry (^). Where good cause has prevented entry and an adverse right has been admitted, it will be held proper within the discretion of the General Land Office to allow the soldier to make an entry upon another tract : Provided, That it shall be shown to the full satisfaction of the Com- missioner that the default was practically beyond the power of the claimant to avoid(^). Where a soldier who failed to make entry finds that another party has homesteaded the land embraced in his declaratory statement, he may commence contest for abandonment if the other party has not had a legal residence on the land(f), A homestead party must in person maJce entry and commence settlement and improvements, on the land claimed within six months from date of his declaratory statement(8). Six months' additional time after entry is not allowed in soldiers' homestead cases^i). Notwithstanding a soldier did not live to serve ninety days, his widow will be allowed- to apply the term of his enlistment under section 2307 R. S.('). A soldier while serving in the Army cannot acquire title to land as a homestead until his term of service expires(J). The " Home Guards " of the State of Missouri are not entitled to make additional home- stead entries under section 2306 R. S.^^). A soldier may enter less land than he is entitled to. The balance is waived (»). Where a soldier was taken prisoner and paroled, and was dischaiged by reason of such {») Hannah vs. Gerard, Land Owner, Vol. 10, p. 229. (e) W. H. Hyers, Land Owner, Vol. 10, p. 4. (b) Helen and Kenyon, Land Owner, Vol. 9, p. 213. (h) Lloyd H. Dillon, Land Owner, Vol. 10, p. 70. {•) Instructions, Land Owner, Vol. 10, p. 345. (i) Justus E. Casey, Land Owner, VoI.'6, p. 173. ' (d) John W. Deen, Land Owner, Vol. 10, p. 153. (j) Charies Harris, Land Owner, Vol. 6, p. 190. («) General Land Office Circular, March i, 1884, p. 23. (k) Wilson Miller, Land Oamer, Vol. 6, p. 190. («) J. H. Hosmer, Land Owner, Vol. 10. p. 92. (i) Columbns'j. James, Land Owner, Vol. 9 p i6b 64 THE AMERICAN SETTLER'S GUIDE parole, he would be entitled, in computing residence on his homestead entiy, to credit for his full term of enlistment, provided always, that at least one year's residence is had on the home- stead (»). The entire term of enlistment, without reference to when the war of the rebellion closed, Toverns in computing the time in a soldier's homestead entry. After a soldier's widow makes a homestead entry, as such, she may marry without losing the credit of her first husband's term of enlistmentC*). A mairied woman under the age of twenty one yeai-s, who is the child of a deceased person, qualified, if living, to make "a soldier's homestead," is a minor orphan child, within the meaning of section 2307, R. S.^). The same forms are used in homestead entries made for minor orphan children of deceased soldiers as in other homestead cases, the application being signed by the guai-dian for the bene- fit of the children, who must be named. The guardian must appear at the local land office, and make the required affidavit, unless he, or some one of the minor children, are actually re- siding on the land applied for, in which event it may be made before the clerk of the court for the county in wliich the land is situated. In case the minor child or children should be- come of age before final proof is made, they are not required to establish residence on the land. None but the widow or minor orphan children can derive any benefit of ?. deceased soldier's service in the army in making an original homestead entry(*). The patent in a homestead entry made by a guardian for the benefit of the mmor orphan child of a deceased soldier, must issue to the beneficiary whether he or she is of age at date thereof or not(*). Where a guardian makes a homestead entry for the minor orphan child of a deceased soldier, and said child becomes of age prior to time of making final proof, the final affidavit must be made by the beneficiary ('). A certificate of right to make a soldier's additional homestead entry for 19.85 acres may be located on a 40-acre tract, by paying for the excess in cash. In locating soldiers' certificates the general rule is that they can take their face value or lots containing twice as much, or any quantity less. Thus a 7^ acre certificate will locate 15 acres or less quantity(8). A soldier's additional homestead entry cannot be made upon lands on which are located the house and other improvements of an actual settler who has asserted his right to the land by a pre-emption filing or homestead entry (^). Act of June 16, 1880 (p. 51.). A contest with the government on allegation of fraud is not a contest with adverse claims, and cannot be brought within the act of June 16, 1880, allowing repayment for erroneous en- tries(»). Repayment will be allowed under act of June 16, 1880, where a second and therefore ill^;al homestead entry was made through ignorance of the law(i). Act of March 3, 1879. (p. 27.) A woman having married is not disqualified from maKmg a homestead entry under Act of March 3, 1879, who would otherwise be qualified^). The Act of March 3, 1879, includes widows and all who succeed to the right of the claim- antO). A party whose original entry has been canceled, has no rights under the law of March 3, I879C°)- (») O. H. Quimby, Land Owner, Vol. 10, p. 394. (h) Brooks vs. Tobien, Land Ovmer, Vol. 10, p. 5 (*) Elizabeth Porter, Land Owuer, Vol. 10, p. 344. (») Thomas Guineau, L^nd Oivner, Vol. 9, p. 153. (•) Maria J. Stuart, Land Owner, Vol. 7, p. 148. (J) Duthan B. Snody, Land Owner, Vol. 10, p. 10. (<>) W. A. Sicklcr, Land Owner, Vol. 11, p. 38. (k) Eda M. Camochan, L^nd Owner, Vol. 8, p. lai. (•) E. J. Records, Land Owner, Vol. 10, p. 256. (i) Annie Anderson, Land Owner, Vol. 8, p. 177. (0 J. F. Folsom, I^nd Owner, Vol. 10, p. 394. (">) Joseph Birchfield, Land Owner, Vol. lo. p. 37. •(fj William H. Glass, Land Oivner, ^ol. 10, p. to. THE AMERICAN SETTLER'S GUIDE. 65 When an additional homestead entry is made under the Act of March 3, 1879, ^^^ ^^^^ ^^i- braced need not be actually cultivated to crop(*). A party who entered 80 acres of land under the homestead laws, and received patent there or cannot relinquish his entry and make another one under the act of March 3, i879(*). Because part of the land in a homestead entry is beyond a railroad grant, should not prevent an additional homestead entry under the Act of March 3, i879(*=). Under Act of March 3, 1879, no credit is allowed for settlement prior to entry(<*). Under same act a homestead entry was allowed notwithstanding no settlement was made under original entry (®). Parties making new or additional entries under the Acts of March 3, 1879, and J^^X ^> ^879, have seven years within which to make final proofC). (•) Eben M. Gordon, Land Owner, Vol. 9, p. 148. (d) John Casson, Land Owner, Vol. 8, p. 35,, (*>) George G. Brewer, Land Ojuner, Vol. 11, p. 4. (") Anton Rager, Land Owner, Vol. 8, p. 35., (•) Benjamin Geyler, Land Owner, Vol. 9, p. 116. (*) Jemina Benbow, Land Owner, Vol. 10, p. 238; 5 CHAPTER IV. PRE-EMPTIONS. I. Pre-emption Claims. The principal difference between the homestead and the pre-emption privilege is : I. That beyond the small fees and commissions to the Registers and Receivers, nothing is paid for the land homesteaded, whereas $1.25 or ^2.50 per acre in money or its equivalent must be paid for the land pre-empted. Formerly the homestead right commenced fron- date of entry at the local land office, while the pre-emption right was initiated by settlement on lands subject thereto. But by Act of Congress of May 14, 1880 (see last chapter), a homestead claim is allowed to relate back to date of settlement, like a pre-emption claim. The principal resemblances are : i . That certain time is allowed after the first papei^s are filed in the land office within which final proof must be made. 2. Residence and cultivation and improvements are necessary to secure title. 3. Settlement may be made on unsurveyed land. Formerly the homestead right could attach only to surveyed land. In this respect it then diffeied from the pre-emption right. At present there is no such difference between the two kinds of claims. Pre-emptions are admissible to the extent of one-quarter section or one hundred and sixty acres of *' offered " and " unoffered," " minimum " and " double-minimum "(*) lands, and upon any of the unsurveyed lands belonging to the United States to which the Indian title is extin- guished, although in the case of unsurveyed lands no definite proceedings can be had as to completion of title until after tlie surveys are extended and officially returned to the district land office. Wliere tlie tract is ^^ offered'''' land, the party must file with tlie district land officers his declara- tory statement as to the fact of his settlement witliin thii-ty days from the date of said settlement, form below, and within one year from date of settlement must appear before the Register and Receiver and make pi-oof of his actual residence on, and cultivation of, the tract, and secure the same by paying cash, or locating thereon military bounty-land warrants, or agricultural -college or other scrip, according to law. DECLARATORY STATEMENT FOR CASES WHERE THE LAND CLAIMED IS SUBJECT TO PRIVATE ENTRY. I, , of , being , have, since the first day of——, A. D., 18 — , settled and improved the quarter of section No. , in township No. , of range No. , in the district of lands subject to sale at the land ofTice at — — — , and containing acres, which land had been rendered subject to private entry prior to my settlement thereon ; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under section 2259 of the Revised Statutes of the United States. Given under ray hand this day of , A. D., iS — . [n presence of- Where the tract has been surveyed and not offered at public sale, the claimant must file his declaratory statement within three months from date of settlement, and malce proof and payment within thirty months after the expiration of the three months allowed for filing his declaratory notice, or, in other words", within thirty-three months from date of settlement. Wliere settlements are made on unsurveyed lands, settlers are required, within three montlis after the date of the receipt at the district land office of the approved plat of the township embracing their claims, to file their declaratory statement with the Register of the proper land office, as in cases of unoffered land above, and tiiereafter to make proof and payment for the (•)Theje four terms were explained in the first chapter. (66) THE AMERICAN SETTLER'S GUIDE. 67 tract within thirty months from the expiration of said three months. The local oiScers usually publish a notice when the plat is filed. When two or more settlers on unsurveyed land are found upon survey to be residing upon, oi to have valuable improvements upon, tlae same smallest legal subdivision, they may make joinl entry of such tract, and separate entries of tlie residue of their claims. This joint entry may be made in pursuance of contract between the parties, or witliout it. DECLARATORY STATEMENT FOR CASES WHERE THE LAND IS NOT SUBJECT TO PRIVATE ENTRY. I, ■ , of , being , have, on the day of , A, D., i8 — , settled and improved the quarter of section No. , in township No. , of range No. , in the district of lands subject to sale at the land office at , and containing acres, which land has not yet been offered at public sale, and thus rendered subject to private entry ; and I do hereby declare my intention to claim the said tract of iand as a pre-emption right under section 2259 of the Revised Statutes of the United States. Given under my hand this day of , A. D., 18 — In presence of . a. WHO ARE QUALIFIED PRE-EMPTORS. The pre-emption privilege is restricted to heads of families, widows, or single persons over the age of twenty-one, who are citizens of the United States, or who have declared their inten- tion to become citizens, as required by the naturalization laws. This does not include Indians, except such as have ceased their tribal relations and been declared citizens by treaties or acts of Congress. Those are excluded who own three hundred and twenty acres of land, who have left agricul- tural land of their own (not a town lot) in the same State or Territory, and those who intend to bettle for the purpose of speculation instead of cultivation and residence.* If a single woman marry after filing her declaratory statement, she abandons her right as a pre-emptor(»). Under the pre-emption laws, the " head of a family " means the actual living head of a family. A deserted wife or one whose husband is a confirmed drunkard may be the head of a family(*»). A married woman who has minor children and has been abandoned without cause by her husband and left to support and maintain herself and children, is the head of a family, and en- titled to pre-empt in her own name(*). A party's declarations of being a naturalized citizen or having declared his intentions to be- come a citizen are not competent evidence, though his declarations that he is not a citizen are competent(*). A party cannot hold public land as a tenant for a claimant under the pre-emption law(«), 6. SETTLEMENT AND FILING. From the moment a claimant enters upon land subject to pre-emption with the intention of remaining and entering the land according to law, and does some act showing such intention, he Is a settler('). Such act may consist in erecting a house, clearing timber, building fences, etc. Having made a settlement, his next step towards securing title is the filing of his declaratory statement within the time specified, or he will be liable to lose his claim. The pendency of a contest between two pre-emption claimants does not exclude pre-emption settlement and filing. They may be made subject to the decision in the contest pending(K). The filing of a declaratory statement before settlement is a nullity. A settler may file a second declaratory statement for the same tractC*). A settler can make but one legal filing under the pre-emption laws(^). But one pre-emption right is extended to the settler, and only one declaratory statement can be legally filed by the same party (•i). (») Ellen AUanson, Copp's Public Land Laws, p. 287. Q^) Wakeman vs. Bradley, Land Owner^ Vol. a, p. i6« (<) Sarah E R. Hazelrigg, Copp's Public Land Laws, p. 286. (*) Walker's Heirs vs. California, Copp's Public Land Laws, p. 287. (*) Dilla vs. Bohall, Land Oiuner, Vol. 4, p. 162. (') Allman vs. Thulon, Copp's Public Land Laws, p. 690 («) Schafer vs. Scheibel et nl., Copp's Public Land Laws, p. 292. (•>) Wm. L. Philips, Land Oivner, Vol. 8, p. 139. t^) Maria Stevens, Land Oivner, Vol. 4, p. 39. (j) Minor vs. Briggs, Land Oivner, Vol. 4, p. 69. ♦Austrian vs. Hogan, Land Owner, Vol. 6, p. 172. 68 THE AMERICAN SETTLER'S GUIDE. Section 2261, Revised Statutes, forbids second filings where the first is legal. Local officers are directed to allow no second or amended filings without first submitting the facts to the Commissioner of the General Land Office, and after receiving fonnal authority for such action (*). A declaratory statement can be amended only in case of mistake or misdescriptionC"). To allow a second filing by one who knew his first filing was illegal, and who claims to be benefited by the illegality of his first filing, would be allowing a party to take advantage of his own wrong, and encourage otliers to wrong-doing, by removing the penalty therefor (°). A second filing is allowed in case of a minor, a bona fide settler, on becoming of age, as an amendment, to correspond with the facts of his legal settlement, provided there is no adverse claim (•*). Where a party filed on land not habitable for agi-icultural purposes, but which was clearly swamp land, a second filing will be allowed on land properly agricultural in character (*). In case it satisfactorily appears that a pre-emption settler has made an error in his declaratory statement, so that a tract he has improved has been excluded therefrom, he is allowed to amend his declaratory statement so as to include said tract, subject to an adverse claim('). A pre-emptor who has misdescribed the land embracing his residence and improvements, is allowed to amend, unless by his own laches, negligence or declarations, he has barred his right in favor o*an adverse interest(K). A widow who, by mistake, filed a declaratory statement in her own name, instead of for "the heirs," will be allowed, on a proper showing, to amend her filing. Such mistake does not operate to defeat the rights of the heirs under the pre-emption laws(»»). A declaratory statement on file in the proper office is notice to the world of the location and extent of a pre-emption claim ; and no subsequent amendment, except for error or mistake, can operate to defeat a right initiated prior to such amendment('). A party whose application to file a declaratory statement is rejected has a right to appeal. His failure to do so will conclude any right he may have had to the land claimed at the time of such refusal (J). All rights of pre-emption existing in any person upon land in a township offered at public sale are extinguished on tlie day appointed for the commencement of the sales, if not asserted prior to the date of sale, and no rights can descend to heirs based upon settlement prior thereto. Land designated as mineral, but actually agi*icultural in character, is only subject to pre- emption after its segregation from the mineral lands by the Secretary of the Interior(*). After land has been proclaimed, no filing can be received until after the offering — provided the land still remains unsold. A party settled on unsurveyed land. When a certain township was surveyed, a part of his claim was found therein, the balance being in an adjoining unsurveyed township. The settler filed for the portion of his claim which was surveyed, and gave notice that he claimed land in the adjoining unsurveyed township. The time within which, by law, he was required to prove up his claim was about to expire, and the other township had not been surveyed} it was held by the Land Department that after the other township should be surveyed, and the plat thereof returned, the settler should be allowed the usual time within which to file his declaratory state- ment and prove up and pay for his entire claim('). A pre-emption settler on unsurveyed lands is not bound to file his declaratory statement until after an approved survey has been made which shall enable him to describe the land claimed by proper legal sub-divisions. Where part only of his claim has been surveyed, he is not bound to (») D. C. Brownell, Land Owner, Vol, 4, p. 41. ">) D. A. Snyder, Land Owner, Vol. 2, p. ri6. {«) French vs. Tatro, Land Owner, Vol. 3, p. 166. («J) Ibid. (•) F. L. Goings, Land Owner, Vol. 4, p. 117. (f) Instructions, Land Owner, Vol. 5, p. 148. (g) Jeff. Newcomb, Land Owner, Vol. 2, p. 162. Q>) Elizabeth Luce, Land Owner, Vol. i, p. 180, (I) University of Cala. f.r. Block, Copp's Public Land Laws, p. 322. (J) Brown vs. White, Copp's Public Land Laws, p, 298. fk) Tong vs. Hall et al,, I .and O^tmer, Vol. 3, p. 3. (l) Wm. McHcnrj', Copp's Public Land Laws, p. 995 THE AMERICAN SETTLER'S GUIDE. 69 file until after the entire tract claimed has been surveyed and plat thereof returned to the local olEce(*). A party who filed on an eighty-acre tract, cannot be allowed to file for an eighty-acre tract -djoining upon the cancellation of a homestead entry thereonC*). Land covered by a homestead is subject to a pre-emption claim initiated prior to the homestead, and filing should be received within the legal period after settlement(«) . The local land officers have no authority to receive applications to file or enter land which is in a state of reservation, and hold them until the reservation is removed, and then place them on record, in order to advance the interests or accommodate any individuals^). Where land has been reserved and then released from such reservation, the rule is to give notice by publication when the land will become subject to appropriation. A pre-emptor who has been living on such land will have preference over a pre-emptor who makes settlement on the day the land becomes subject to appropriation, other things being equal(*). A settler who in good faith is residing on a tract of land covered by a homestead entry at the date of the cancellation of said entry, has a superior right to said tract, if he file under the pre- emption law in time, to a person who merely makes a homestead entry on the land the day the prior entry is canceled (^). Where a pre-emptor tenders his declaratory statement for a tract of land before another pre- emptor has fully completed his entry, by making payment for the same tract, the declaratory statement should be received and the party allowed a regular hearing before the local officers(«). The cancellation of a filing upon ex parte affidavits is error(/^). Land, when once appropriated under the Homestead Law, is thereafter removed from pre- emption settlement and homestead entry, and can only be again subject to them by a cancellation of the homestead entry in the manner prescribed by law. Such cancellation becomes effective at the date of the receipt of the order therefor at the local office^*). Lands covered by unexpired homestead filings, may be filed upon under the pre-emption laws subject to the homestead filings(*). A party cannot file under the pre-emption aitn the homestead law at the same time. C. RESIDENCE AND IMPROVEMENTS. The sufficiency of residence and improvements is a question of fact to be decided from the circumstances of each case. The good faith of every claimant must be clearly proven. Where a party is very poor, a dug-out in the side of a hill or a sod house is a satisfactory place of abode, and four pre-emptors may combine to erect a house on the comer common to their claims, but each pre-emptor must reside in his own part of the house(^). Should one ol them be unmarried, he may board in the family of a married pre-emptor. A public officer may, during the term of his office, actually reside at the capital or other place required by law for him to reside, without losing his legal residenceC'). Where it can be shown that such public officer in good faith intended to appropriate certain premises under the pre-emption law, and that after residing thereon for several years he left for temporary purposes only, retaining actual possession of the land during such absence, he cannot be said to have abandoned either the premises or his claim under the pre-emption laws(^). Should a claimant settle late in the autumn in a cold climate, or severe droughts or other good cause prevent extensive cultivation, or lack of means seriously interfere, few improve- ments and little cultivation would be required by the I^nd Department. (•) P. A. Roundtree, Copp's Public Land Laws, p. 296. (i>)Daniel Ashton, Land O-wner^ Vol, 4, p. 117. (o)Keisker vs. Johnson et al., Copp's Public Land Laws, p. 319. (d) McKee vs. Walther et al.. Land Owner, Vol. 5, p. 84. (•)Timmons vs. Gleason, Land Owner, Vol. 3, p. 71. (0 Born vs. demons et al.. Land Owner, Vol. 1, p. 67. (!) Conroy vs. Phillips et al., Copp's Public Land Laws, p. 297. (*>) Crystal vs. Dahl, Eno vs. McDonald, Copp's Public Land Laws, p. 316. 0) Instructions, Land Owner, Vol. i, p. 163. (j) Wright vs. Wood, Copp's Public Land Laws, p. 304. .(k) Benson vs. Western Prxific R. P Co., Copp's Public Land Laws, p. 412. 70 THE AMERICAN SETTLER'S GUIDE. d. PROOF AND PAYMENT. Within the time specified on page 66, proof of compliance with the law and payment of the money due, or its equivalents in warrant or scrip, must be made. Published notice must be given and proof thereof presented as set forth in homestead cases. The affidavit required may be made now before the clerk of the county court, while the evidence of witnesses may be taken before any officer authorized to administer oaths (*). Any person swearing falsely forfeits all right to the land and to the purchase money, and is liable to prosecution under the criminal laws of the United States. AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIMANT. I, , claiming the right of pre-emption, under section 2259 of the Revised Statutes ot the United States, to the of section No. , of township No. , of range No. , subject to sale at , do solemnly that I have never had the benefit of any right of pre-emption under said section ; that I am not the owner of three hundred and twenty acres of land in any Stale or Territory of the United States, nor have I settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my own exclusive use or benefit ; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which I may acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except myself. I, , ot the land office at , do hereby certify that the above affidavit was subscribed and sworn to before me this day of , A. D., 18 — . Where a pre-emptor swears falsely, and his entry is canceled because of fraud, the Supreme Court Scrip used in payment of his claim is forfeited like a money payment, and can not be returned even to innocent vendees of the claimantC^). Payment for public lands is required by law to be made to the Receiver. He is the only officer authorized to receive such moneys. Registers are not so authorized, and parties en- trusting their money to a Register do so at their own risk. The official bondsmen of Registers cannot be held liable for a breach of private trust by their principals(''). A hearing may be ordered after final proof has been made in a pre-emption case to ascer- tain fraud reported by a special agent(^). A proclamation is held to be sufficient notice, to a pre-emption claimant, to perfect any pre- ferred right that he might have on lands which are offered for sale by such proclamation ; and where a public notice was duly published at the place whereat interested parties were bound to seek information regarding the public lands, a failure to learn of it is their neglect only. A notice to pre-emption claimants to prove up their claims before date of public sale is ex gratia, and the absence of such notice would not invalidate the sale(^). Where a county embraces land in two districts, a claimant who applies for land in one dis- trict may, under the Act of March 3, 1877, make the required proof, etc., before the clerk at the county seat, though such cpunty seat is located in the other land district (^). A pre-emptor, when his land lies in two districts, should file a declaratory statement m each land office, and pay for the portion separately in each district. The regular fees should be paid in each office, and a certificate and receipt should issue from each office(8). Joint entry by pre-emptors and homestead claimants may be allowed(**). Where a boundary line is recognized between two pre-emptors, A and B, who settled before survey on the same legal subdivision, and A sold to C after survey — on a proper showing, a joint entry by B and C will be allowed(»). A pre-emptor who settled prior to the homestead entry of another party cannot cite such entryman to a hearing until date of offering his final proof(J). A party who has resided on a tract five years may transmute his pre-emption filing to a "homestead entry, and give notice of intention to prove up on the same day. (») Act of June 9, 1880. Land Owner, Vol. 7, p. 58. \f) F. C. Saunders, Land Owner, Vol. 10, p. 169. (*>) R. F. Pettigrew, Land Owner, Vol. 10, p. 179. (g) Instructions, Land Owner, Vol. 10, p. 172. (») John Dotta, Land Owner , Vol. lo, p. 86. (t) Burton vs. Stover, Land Owner, Vol. 10. p. 345. (d) Thomas Wrigglesworth, LMnd Owner, Vo\. 11, p. (*) Vennegerholtz z/j. McKennon, Land Owner, Vol. 74. 6, p. 154. (•) Durisoe vs. Cessna, Land Owner, Vol. i ^, p. 104. (J) Dcsarchy vs. JuTircz, Liind Owner, Vol. 10, p. gx~. THE AMERICAN SETTLER'S GUIDE. 71 A party who has resided on a tract for five years without any filing may enter and give no- tice of intention to prove up on the same day(^*). A quit-claim deed executed by an occupant of public land will not operate to estop the grantor from asserting his own subsequently acquired title. A settler who has conveyed by warranty deed the land claimed by him cannot take oath pre- scribed by Sec. 2262 Rev. Stats., and cannot, therefore, make a valid pre-emption entry. The settler may render himself qualified to take the prescribed oath by showing a rescission or annulling of the contract, by which the title the pre-emptor might acquire from the Govern- ment would inure to the benefit of another (*>). [No. 4-374'^-] PRE-EMPTION PROOF. — TESTIMONY OF CLAIMANT. , being called as a witness in own behalf in support of pre-emption claim to th« , testifier; as follows : Ques I. What is your name (written in full and correctly spelled) and age? Ques. 2. Are you the head of a family (if so, of whom does it consist), or a single person? Ans. . Ques. 3. Are you a native-bom or naturalized citizen of the United States?* Ans. . Ques. 4 Is your pre-emption claim, above described, within the limits of an incorporated town, or selected site of.the city or town, or used in any way for trade and business ? 2. Did you leave other land of your own to settle on your present claim? 3d. Have you ever made a pre-emption filing or entry for lan^i other than that "ou now seek to enter? If so, describe the same. (Answer to the point and in detail.) Ans. 1st. ; 2d, :3d, . Ques. 5. When did you first make settlement on the above-described land? 2d. What was your first act of settlement ? 30! Were there any improvements on the land when you settled ? If so, state who then owned them and whether you purchased the same. 4th. W.hat improvements have you made on the land since settle- ment, and what is the value of same? Ques. 6. When did you first establish an actual residence on the land you now seek to enter? 2d. Has your residence thereon since been continuous : 3d. What use have you made of the land ? 4th. How much ol the land, if any, have you broken and cultivated since settlement, and what kind and quality of crops have you raised ? Ques. 7. Are either of the parties who have testified as your witnesses in this case related to you by blood or marriage? If so, state how related. Ans. . I hereby certify that each question and answer in the foregoing testimony was read to claimant before being subscribed, and was sworn to before me this day of , 1S8— . PRE-EMPTION PROOF. — TESTIMONY OF WITNESS. (The testimony of two witnesses, in this form, taken separately, required m each case.) , being called as a witness in support of the pre-emption claim of to the , testifies as follows : Ques. I. What is your post-office address ? Ans. . Ques. 2. How long have you known claimant, and what is age? Ans. . Ques. 3. Is claimant married or single? 2d. Of whom does family (if any) consist? 3d. Is a na- tive or naturalized citizen? Ques. 4. Are you familiar with the character of the land ? 2d. Are there any indications of coal, minerals, or salines thereon ? (If .so state plainly the nature.) 3d. Is it more valuable for agricultural than mining pur- poses? 4th. Do you reside in its vicinity? 5ih. Is it within the limits of an incorporated town, or selected town-site, or used, in any way, for purposes of trade or business? (Answer to the point and in detail.) Ans. ist, ; 2d, ; 3d, ; 4th, ; 5th, . Ques. 5. Is claimant the owner of 320 acres in this or any other State or Territory? 2d. Did leave or abandon a residence on own land in this to reside on the land herein described ? 3d. Has ever filed for or entered other land under the pre-emption law? 4th. Has mortgaged or agreed to sell the the land herein described? Ques. 6. When did claimant first settle on claim? 2d. What was first act of settlement? 3d. What improvements has on the land ? 4th. What is the value of such improvements ? 5th. When did commence residence thereon? 6th. Has residence been continuous? 7th. What use has made of the land? 8th. How much land has broken and cultivated? (Answer to the point and in detail.) . Ans. 1st, ; 2d, ; 3d, ; 4th, $ ; 5th, ; 6th,——; 7th, •; 8th, acres. (M F. D. Packard, Land Chvner, Vol. 8. p. 91. (•>) State of California vs. Alari, Land Oivner Vol. 8, p. 140. ♦In case the party is of foreign birth, a copy of his declaration of intention to become a citizen, or full nauu- ■lization ccnificate, officialiv certified, must be filed with the case. 73 THE AMERICAN SETTLER'S GUIDE. Ques. 7. Are you in any way interested in this claim, or, by blood or marriage, related to claimant? Ans. . I HEREBY CERTIFY that witness is a person of respectability ; that each question and answer in the foregoing testimony was read to before signed name thereto ; and that the same was subscribed and sworn to before me this — ^— day of , i8 — . Note.— The officer before whom the testimony is taken should call the attention of the witness to the follow ing section of the Revised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law. Title LXX.— CRIMES.— Ch. 4. Sec. 5392- Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in wliich a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribea is true, wilfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter, be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversecl. [See g 1750.J The Register and Receiver will thereupon issue the final papers, giving the claimant a dupli- cate of the Receiver's receipt for the money paid. The patent will be issued in due course and sent to the local land office for delivery, unless otherwise directed by the claimant, as described in Chapter I. When two or more settlers on unsurveyed land are found upon survey to be residing upon, or to have valuable improvements upon, the same smallest legal subdivision, that is, a forty-acre tract or a lot, they may make joint entry of such tract, and separate entries of the balance of their claims. This joint entry may be made in pursuance of contract between the parties, or with- out it. At any time after three months after the township plat is filed in the local office, a party who wishes a speedy adjustment of his claim may bring contest against adverse claimants by filing his affidavit and making provision for the expenses of tlie contest before the Register and Receiver. The hearing may be adjourned for distance or other good cause, and the testimony may be taken on a commission issued to any officer authorized to administer oaths. When the joint entry is made in pursuance of contract, the contract should be made first, and the filing and entry thereafter be made in pursuance thereof, by one party for all concerned. This contract must be in writing signed by all parties thereto, attested by two disinterested witnesses, and acknowledged before some officer authorized to take acknowledgments of deeds within and for the State where the land is situated. The character and authority of tlie officer must be verified by the seal of a court of record. Proof of occupation by settlement, residence and improvement by each and every party to the contract, must be made. The entry of an inconsiderable excess over one hundred and sixty acres will be permitted when tlie tract is bounded by regular quarter-section lines of survey. The pre-emption affidavit will be modified by inserting after the word " whomsoever," the words, " save under Section 2274 of the Revised Statutes of the United States, and as specified in the contract herewith submitted in pursuance thereof." No one w1k> settled after survey was made can be a party to a joint entry, though where a party succeeds by jwrchase to the rights of one of two settlers before survey where there is a recognized division of land, such tract may be entered by the two settlers jointly(*). The established rale for awarding entries where two or more bona fide pre-emption clainuints are found by the Government survey with conflicting or over-lapping claims, is : 1. Joint entries for the adjustment of cotermtnuous boundaries. 2. Entries by legal subdivisions to include principal improvements. 3. Entiy by the prior settler. Such entries to be allowed as equity and justice may requireC*). Should the settler die before establishing his claim within the period limited by law, the title may be perfected by the executor, administrator, or one of the heirs, by making the requisite proof of settlement and paying for the land ; the entry to be made in the name of " the heirs " of the deceased settler ; and the ])atent will be issued accordingly, Tlie legal representativej {») Vennigerholtz vs. McKcnnon, Land Owner, Vol. 6, p. 154. • (•») Powell vs. Bciitty. I.Aind O-iuner, Vol. 2, p. 115. THE AMERICAN SETrLER'S GUIDE. 73 of the deceased pre-emptor are entitled to make the entry at any time within the period during which the pre-emptor would have been entitled to do so had he lived. \ The executor, administrator, or one of the heirs, has the absolute right to complete the neces- sary proceedings for acquisition of title in case of a deceased pre-emption claimant(»). The Land Department does not inquire if there are any heirs; but if there are any, it casts the title distributively upon each by including him in the general provision (^). RULINGS. Where, from the nature of the land entered under the pre-emption law, it would appear that the claimant has selected it for speculative purposes rather than for purposes of improvement and cultivation, the evidence of good faith and occupation should be of the most satisfactory character (•). An unlawful occupant cannot prevent the legal settlement of a Qualified pre-emptor on public lands. A pre-emptor may pay for part of his claim and abandon the balanceC^). The possibility of one party taking the improvements of another is recognized as within the contemplation of the pre-emption enactments (*). Parties who apply to make entry of lands under the provisions of the pre-emption laws, should be required to show by affidavit or otherwise that tliey have not made a previous filingC). The even sections along the route of the railroad granted by act of July i, 1862, and the acts amendatory thereof, must be sold for not less than $2.50 per acre(«). A pre-emptor who settled prior to withdrawal for railroads, may enter his land at the minimum price at any time prior to the initiation of an adverse right by another settler(*»). Where a pre-emptor makes final proof and payfnent and certificate for patent issued, such certificate may be assigned to a bona fide purchaser for value, who will be protected in his purchase. The good faith of the purchaser must be established by the facts in the case beyond question; but when so established, his rights cannot be invalidated by showing that his grantor failed to comply with the law('). A party who purchases land without examination or inquiry, cannot be considered an innocent purchaser, especially when he fails to offer testimony showing his own good faith and that of his grantors, at an investigation ordered for that purpose(J). Irregularities in the pre-emption proceedings may be overbalanced in view of ignorance and good faith, but a certificate issued to a pre-emptor on a sworn statement of alleged facts which never existed, is void(z3). Where a party settles as a pre-emptor upon land subject to such settlement, and in due tima offers to make proof and payment at the proper land office, his right will not be prejudiced by the wrongful refusal of the local officer to receive such proof and paj-ment, and he will not be obliged to remain thereafter upon the land he claims(^). A party who went upon land reserved under a railroad grant, with assurance from the com- pany tliat he could purchase it of them, was not wrongfully upon the land, when the Department decided that it was not included within the reservation to the company, and had ordered the same restored to settlement. Where a pre-emptor is living upon and cultivating such tract of land, no specific act is neces- sary to constitute a new settlement after the restoration thereof to market('). No general or inflexible rule can be laid down in cases where parties who are residing upon land at date of cancellation of homestead entries, seek to enter the tracts embraced therein. It is simply a question of good faith, and each case must be considered upon its own merits(™). (») John Redington, Land Ozvner, Vol, 2, p. 19. (b) Ibid. (*) Copley vs. Reil, LancPOtuner, Vol. 5, p. 166. \^) D. A. Malone, Copp's Public Land Laws, p. 311. {•) Marks vs. Bray, Land Oxvner, Vol. 8, p. 139." (f) Gladfelter vs. Wren, Land Owner, Vol. 4, p. 42, (b) Patrick Clasby et aL, Land Owner, Vol. 4, p. 84. (b) Erastus Kimball, Copp's Public Land Laws, p. B95. (>) Hensley vs. Ayers, Land Oiuner, Vol. 3, p. 53. (i; Moran and Cady, Land Owner, Vol. 3, p. 4. (^) Farley vs. Gleeson, Land O'vner, Vol. 3, p. 38. {}) Peterson vs. Ki;chfcn, Land Owner, Vol. 2, p 181. <■) Porter vs. Johnson, Land Owner, Vol. 3, p. 37. 74 THE AMERICAN SEITLER'S GUIDE No specific act of settlejnent, after restoration of the land, is required of a settler whose every- day life can be considered a compliance with the law. But such settler cannot embrace in his claim land not in his possession on which are the improvements of another who, like himself, has settled without the protection of law. A homestead entry made on the day of restoration, of a tract not in the possession of the pre- cmptor, is a legal appropriation of the land as soon as it is subject to entry (»). The land to which a claimant may have a right of possession, although for some valid reason not the actual possession, must be land to which he can assert a valid claim under the pre- emption law. A trespass upon the public lands will not be sustained under the decision in Atherton vs. Fowler; nor will the claim of a person who is qualified and has complied with law be subject ro defeat in favor of an unlawful occupant(^) Where a party has made settlement and filing, and is thereafter sentenced to the penitentiary for a period which will expire after the time in which proof and payment should be made, such proof and payment may be made by a guardian or trustee("). f. SALE AND FORFEITURE. Where an incomplete pre-emption claim is sold or abandoned, the right is forfeited, and where hiing, proof and pa)mient are not made as required, the claim is liable to forfeiture; but a sale should not be held to work a forfeiture unless it is voluntary, and made while the party is in possession of his mental faculties(<*). A written contract for the sale of growing trees which the purchaser was to cut and remove as soon as the vendor obtained patent is a contract prohibited by the pre-emption law(*). A homestead or pre-emption settler is'pennitted tp cut trees upon his land, for building, fencing, repairs and firewood. Should there be no trees growing upon his land, he may cut trees rowing uj)on the mountain slopes, but only for domestic uses. A verbal sale when accompanied by delivery of tlie land forfeits the pre-empflon right('). Parole evidence is admissible to defeat a deed or written contract on the ground of illegal consideration, duress or fraud. A deed absolute on its face may be shown to be a mortgage(«). Mortgages released or otherwise are no bar to the completion of a pre-emption claim. There is no forfeiture declared because of a failure on the part of a pre-emption settler to make proof and payment for unoffered land within thirty months from the time when he should have filed his declaratory statement — provided no adverse settler has made settlement on the land and complied with the lawC*). The question of abandonment is discussed at considerable length in Johnson vs. Graybill, Land Chimer, Vot. 2, p. loo. II. Pre-emption Homesteads. When an individual has made settlement on a tract and filed his pre-emption declaration therefor, he may change his filing into a homestead, if he continues in good faith to comply with the pre-emption laws until the change is effected ; the time during which the party has re- sided upon and claimed the land as a pre-emptor will be credited upon the period of residence and cultivation required under the homestead laws. In so doing he is required in his firs* homestead affidavit to set forth the fact of a previous pre-emption filing, the time of actual resi- dence thereunder, and the intention to claim the benefit of such time. In making final proot on his homestead entry he is required, in addition to the usual affidavit and proof, to make the " pre-emption homestead affidavit," below : (») Corrigan vs. Ryan, Land Owner, Vol. 4, p. 42. (b) M.iriis vs. Bray, Land Owner, Vol. 8, p. 139 (•)J. T. Benson, Land Owner, Vol. 6, p. 108. <"i) Catala vs. Austin et al., Copp's Public Land Laws, p, 313. («) Webster vs. Sutherland, Copp's Public Land Laws, p. 312. instructions, L/tnd Owner, Vol. i, p. 163 (f) Hudsonpiller vs. Queen, Copp's Public Land Laws, p. 312, \i) Philip Waldron, Copp's Public Land Laws, p. 313. (b) Shreves vs. Eatou, Lund tnuiinr. Vol. 5, p. 165. Larson i/^. Wcisbccker, Zrt«) General Land Office Circular, March 1, 1884, p. 9. p. 135- • . (") Rebecca J. Delong, La7id Owner, Vol. 7, p. 38. <*) Field vs Black Land Owner, Vol. 10, p. 195. (») Brown vs. Quinlan, Land Owner, Vol. 10, p: 7. (b) Herbert vs. Reed, Land Owner, Vol. 9, p. 9 ^^p) McMurdie vs. Central P. R. R. Co., Land Owner, C"; Lynch vs. Mcrrifield, Land Owner, Vol. 10, p. Vol. 8, p. 36. 379- THE AMERICAN SETTLER'S GUIDE. T7 The inhibition of the pre-emption law, that a person shall not remove from his own land in the same state or tenitory to reside on the public land, applies to a person who removes from tract of forty acres located within the limits of a town, and the former ruling of the office, egarding the removal from a toM'n lot, to that extent is modified. Parties of record who failed to appear at the hearing after due notice, decided to have for- feited their rights(*). A minor, if single, cannot legally file as a pre-emptorC*). A filing and settlement before declaration of citizenship are of no legal effect. But where no adverse claim intervenes prior to declaration of citizenship and a subsequent settlement the original filing should not be canceled(*'). An alien can claim nothing by a settlement prior to his declaration to become a citizen(<*). The naturalization of a widow by marriage to a citizen naturalizes her minor children,, though of alien parentage (**). Where a pre-emptor is imprisoned, his wife must strictly comply with the law(^). A divorced woman cannot claim settlement as a feme sole during coveture, and it cannot date back prior to divorce(s). Where a party has paid for land, though no deed has passed, he is the owner of such land, and cannot remove therefrom to become a pre-emptor of public land^*). A person who owns lands in trust for others is not thereby disqualified as a pre-emptor(*). The tenant of a railroad company canpot base a pre-emption or homestead claim upon occu- pancy of land included in the railroad right of way(J). A party is proprietor of land who has the legal title(^). After the expiration of a declaratory statement, there is no legal settlement, because there is no application. The pre-emptor's right to reserve the land or that of any one claiming through him, is forfeited to the first legal applicant, by the failure to pay for it('). A pre-emptor intending at settlement to take a quarter-section can claim the whole by per- orming acts of settlement upon one 8o-acre tract while the other is enclosed and cultivated Dy another person(™). A pre-emptor must do some act to connect himself with the tiacts claimed. Mere intention is not sufficient. The unauthorized enclosure of several hundred acres, including such tracts, is not the inception of a pre-emption right. (°) Settlement is the sole basis of the pre-emption right. Land not included in the settlement cannot be embraced in the claim. A declaratory statement is the declaration of an intention to claim, and not the claim itself. A declaratory statement not based on settlement is void. Land riot reduced to possession is open to other settlers(**). Settlement is a personal act, and can date only from the time the party went upon the land. The purchase of a prior settler's improvements does not transfer the vendor's date of settle ment(P). For other rulings on settlement, see late rulings under the homestead laws. A formal deed is not necessary for the conveyance of improvements on public land, but that a verbal sale followed by possession and consent is sufficient. In determining good faith, it is immaterial whether a person purchases valuable improve- ments already on the land, or whether he makes them after his settlement(*i). (•) White vs. Warren, Land Owner, Vol. 7, p. 164. (k) State of California w. Dougherty, Land Owner ^ (*) French vs. Tatro, Land Owner, Vol. 8, p. 159. Vol. 9, p. 168. («) Kelly vs. Quast, Land Owner, Vol. 10, p. 257. Q) Alice Gillespie, Land Owner, Vol. 11, p. 73. (d) Hart vs. Guiras, Land Oivner, Vol. 10, p. 326. (™) Haven vs. Hawes, Land Owner, Wol. 10, p. 200. («) Herman Boedecker, Land Owner, Vol. 9, p. 213. (") Kessel vs. Spielman, Land Owner, Vol. 10, p. d. O Bates vs. Reed, Land Owner, Vol. 9, p. 8. (0) Slate vs. Dorr, Land Owner, Vol. 10, p. 312. (t) L^rsen vs. Pechierer, Land Owner, Vol. 9, p. 97. (p) Knight vs. Haucke, Land Owner, Vol, 10, p. 281, (*) Ware vs. Bishop, Land Owner, Vol. 10, p. 295. (q) Gaberel vs. Giierne, Land 0-Ufntr, Vol. 7, p. 37. James Aiken, Land Owner, Vol. 9, p. 76. (J) Gardner vs. Snowden, Land Oumer, Vol. 10, p. 173- 78 THE AMERICAN SETTLER'S GUIDE. All pre-emptors on public land withdrawn for railroads should file and make proof as in other cases, but a failure to so comply within the required time works no forfeiture in the ab- sence of another settler on the same tract(*). A pre-emptor is not forbidden to settle on lands that are likely to become centres of popu- lation, or near a town or village (•»). A settlement upon land occupied and improved by another, is mere naked intrusion, and in such a wrongful attempt to seize the fruits of another's labor, there can be no bona fide claim of right, whatever. H. entered into an agreement with a railroad company to purchase a certain tract, on cer- tain conditions, obligatmg himself that, until full payment of purchase money, he would per- mit no waste to be made, or wood to be cut, etc., etc.; the conditions were met, and deeds of conveyance delivered by the company to one M., to whom H. was indebted, and who held a mortgage on the land. An agreement of sale was effected between H. and M., which was subsequently consummated, when H. conveyed by deed absolute all his ri^ht, etc., to the land. On the same day, M. executed a lease to H. for the term of one year, conditioned that H. or his assigns might, at any time during the continuance of the lease, purchase the land for a stated sum. Held, That, even though the re-purchasing clause in the lease creates a defeasance in the deed, and that considered in the same connection constitutes nothing more than a mortgage, it does not disqualify H. as a pre-emptor, for the mortgagee is the owner, and the disqualifying clause in the pre-emption law refers directly to the ownership of land by the pre-emptor(*'). Acts of settlement performed while the land is embraced in a homestead entry g^ve a claim- ant no legal status. After cancellation of the homestead entry, the rights of two pre-emptors must be determined by their settlement and not by their residence. The first bona fide settler takes the land in dispute, if followed within a reasonable time by his residence thereon(<'). A pre-emption right is not a vested right against the United States, but is simply a prefer ence right among settlers, should the government sell the land involved. Not until entry and payment have been made does the pre-emptor acquire a vested right. The preference right may be waived or lost(^). The purchase of a dwelling by a pre-emptor is the same as the erection of one. The pur- chase of improvements is evidence of good faith when followed up by inhabitancy after('). A pre-emption claimant at time of making final proof could not establish a valid claim foi a quarter-section or any part thereof, unless his dwelling-house, his actual residence, was on some part of that quarter-section («). A bona fide pre-emption claim should not be rejected because the claimant's house was by mistake beyond the boundaiy lines(^). The statute requires inhabitancy on the land pre-empted, and this means actual residence or a home('). Intentions are not the equivalent of actual residence and improvements ; but continuous compliance with all the requirements of the pre-emption law is essential, and failure therein will not be overlooked except under urgent circumstances, and for controlling reasons (J). All absences which do not impeach a pre-emptor's good faith are permissible. He who sleeps on his claim in a pen or in the open air, intending to erect a habitable dwelling as soon as his means or occupation permits, maintains a satisfactory residence^). "Where the acts of settlement performed by a pre-emptor are of a character to evidence his good faith, continuous residence on the land is not essential (^). • (») Central P. R. R. Co. vs. Bzker, Land Owner, (*) Cr^^m vs. ^&\h^.rg, Land Owner, Vol. lo, p. 168 Vol. 9, p. 82. (g) Hannah vs. Gerard, Land Owner, Vol. 10, p. 229. (l>) Plummer vs. Jackman, Land Owner, Vol. 10, p. (•>) Arnold vs. Langley, Land Owner, Vol. 9, p. 76. 71. (1) Boyse vs. Goss, Land Owner, Vol. 8, p. 159. (•) Hannum vs. Linton, Land Ozvner, Vol. 6, p. 173. (J) Carlands/j. Flanagan, LattdOtvner, Vol. 10, p. 40 (^) McAvinny vs. McNamara, Land Owner, Vol. 10, (*) Goodnight z/j. Anderson, Landfiwner, Vol. 11, p P- 274. 39- (•) Rosanna Kennedy, Land Owner, Vol. 10, p. 152. (l) G. J. Roskruge, Land Owner, Vol. 10, p. 363. THE AMERICAN SETTLER'S GUIDE. 7» A pre-einptor is not prohibited from carrying on business elsewhere than on the land, pro- vided his actual residence is thereon'(*). The rights of a pre-emption settler who was compelled to leave and be absent from his claim on account of Indian hostilities should be protected C*). Party cannot reside on a pre-emption and a homestead claim at the same time(''). The claim of a pre-emptor is not rendered invalid by his allowing another to live with him, and work the crops for him, with an equal interest in same, provided the settlement was made for the purpose of acquiring title for his own use and benefitC*). The rule of the General Land Office, requiring six months' residence prior to entry, as an evidence of good faith on the part of the pre-emptor, should not be applied to every case in- discriminately, especially where the character and amount of improvements on a tract are such as are ordinarily made in six months ; and where the settler has acted in good faith, and from the action of the local land officers in accepting proof and payment for the land, they knowing that there had not been residence of six months, he reasonably concludes that his action has been according to law and instruction (*). Two months' residence upon a pre-emption claim is not sufficient to entitle a claimant to make entry. The rule requires at least six months' continuous residence. A claimant cannot set up his imprisonment for a crime as an excuse for failure to comply "with the requirements of the law. Lawful imprisonment is not legal duress. A claimant lawfully confined in the penitentiary for life is civilly dead, and incapable of perfecting a claim to public land under the pre-emption law. A homestead entry, commuted from a second and therefore illegal pre-emption declaratory statement, is not itself invalid, but may under some circumstances date from the time it was made(^). Occupation and use of land for purposes other than cultivation, do not constitute a pre- emption claim (s). Actual crops are not necessary to the cultivation of land. Clearing timber, in this case, is sufficientC*). Proof, Payment and Contest. A mortgage given by a pre-emptor as security for money loaned him with which to pay the Government price for the land filed upon, is not an alienation of the land, nor an agreement prohibited by the law('). A mortgage in Nebraska does not convey the legal title (-f). A mortgage of land filed upon by a pre-emptor, and outstanding at date of entry, does not defeat his rightC^). A pre-emptor has the right to make proof and payment after the expiration of the prescribed time unless a valid adverse claim has intervened. Public notice is the initiation of final pro- ceedings('). A pre-emptor who fails to make final proof within the time prescribed by law, loses his right to do so after a valid advei-se timber culture claim intervenes('"). Other claimants who allege bad faith in the initiation of a prior pre-emption claim may cite such pre-emptor to a hearing, though the pre-emptor cannot cite them to a hearing previ- ous to make final proof and payment(°). (») Henry Buchman, Land Owner, Vol. ip, p. 355. (•») John E. Tyrl, Land O-wner, Vol. 11, p. 147. (*) Peterson vs. Amoux, Land Owner, Vol. 11, p. 74. (') Clark vs. Gray, Land Owner, Vol. 11, p. 40. («) Rufus McConliss, Land Owner, Vol. 10, p. 41. (J) Owings vs. Lechtenberger, Land Oiuner, Vol. 9, (d) Marleyhan vs. Cal. and Oregon R. R. Co., Land p. 197. Owner, Vol. 7, p. 67. (k) Larson vs. Weisbecker, Land Owner, "VoX. 9, p. 60. (•) Conlin vs. Yarwood, Land Owner, Vol. 7, p. 118. ("') Michael Maloney, Land Owner, Vol. 8, p. 74. (0 Wood vs. Porter, Land Owner, Vol. 7, p. 84. (™) Lunney vs. Darnell, Land Owti^r,Yol. 10, p. 231. (k) South; P. R. R. Co. vs. Newton, Land Owner, (») Manderfield vs. Alderson, LandOwner, Vol. 10, p Vol. 8, p. 37. • 166 80 THE AMERICAN SETTLER'S GUIDE. Where a pre-emptor fails to assert his claim within the legal period, though his filing is still uncanceled, it is error to order a hearing when an entry of the same land is made thereafter. Where the pre-emptor, after such hearing, files a relinquishment, he cannot have his rights einstated on the ground that the adverse party has failed to pay money due on account of uch relinquishment (*). Parties who purchase of pre-emptors before patent can not maintain the position of bona fide purchaser, as they purchase only an equity. They take only such title as the vendees of the Government had, and purchase subject to the action of the Land Department upon the entries, either in confirming or canceling them. Such purchasers may be heard ex rel., to maintain the validity of the entries embracing the lands purchased, but for no other purpose. Patents should not issue to assignees in any cases except where the right of assignees to take patents in their own names is recognized by express statutoiy provisionsC*). The purchaser from a pre-emptor has no standing before the Land Department. If patent issues, it issues to the pre-emptor, though it may inure to the purchaser's benefit. Section 2262 R. S. refers to sales before, not after, entry — and the clause protecting inno- cent purchasers has reference to the effect of the conveyance as between grantor and grantee, and not to its effect as between either party and the government^) (•) Schmitt.vs.'KTi?Lui, Land Owner, Vol. 10, p. 193. (•) CharIemagneTower,Za«rfC«/«^r, Vol. io,p.ag7, 0") Whitaker vs. South P. R. R. Co., Land Owner, Vol. 7, p. 8^;. CHAPTER V. TIMBER CULTURE. Tlie object of the timber culture law is to promote the growth of timber by providing a method of acquiring title to public lands on condition that timber shall be grown thereon to an extent and for a period of time therein specified. The wisdom of this law is seen in the iocreased annual rainfall in regions heretofore subject to frequent droughts. a. WHO M.\Y APPLY AND FOR WHAT KIND OF LAND. Any person who is the head of a family, or who has arrived at the age of tweniy-one years, «nd is a citizen of the United States, or who has filed his declaration of intention to become such, as required by the naturalization laws of the United States, may make a timber culture entry without regard to how much land he already owns. A single woman, duly qualified, who has made an entry under the timber culture act, and wbsequently marries, is not thereby debarred from acquiring title to the land(*). Registers and Receivers, and their clerks and employees, and all persons intimately or confi- Mitially connected with such officers or employees, are prohibitetl from making entries of the ^blic lands at the offices with which they are connected (*). Not more than one hundred and sixty acres in any one section can be entered, and no person can make more than one entry. The rulings of the General Laud Office restricting entries U5ider the timber culture laws to " technical quarter sections," have been so far modified as to permit entries of part<; of a section in a compact body, not to exceed one hundred and sixty acres(»). A few scattering willows and stumps will not ciiaractcrize land as timber within ihe mearang &f the dmber culture actC*). A few ti^ees or bushes do npt characterize the land upon which they are found, as timber land within the meaning of the statute!*). Land through which passes a stream of water, upon the banks of which is a growth of "scrub* drnber, is subject to entry under the timber culture laws('). An eighty acre tract upon which trees are growing, many of them jnore tJian five inches in 4iameter, is not subject to entr}-^ under the timber culture laws(8). \Vliere a party applies to enter under the timber culti'ire laws, land which appears upon the tewnship plat as already timbererl, and is informed that he must disprove such apparent charac- ter, this application reserves the mentioned tracts for a reasonable time from further disposition to any odier claimantC*). Land covered by an invalid State selefction may be entered under the provisions of the timber culture act if otherwise subject thereto('). Prairie lands, or lands not prairie but naturally devoid of timber, are subjectto the operation 0/ the timber culture laws(l). (»)G. M. King, Land Owner, Vol. 2, p. ::!9. (*»; State of Nebraska ts. Dorrington et .U., Latti Ou-ncr, Vol. 3, p. 122. («) Frederick Rrau, Land O-nmer, Vol 3. p. 17'.!. (f) Adam Windolph, Land Ownrr, Vol. i, p. 93. (•) W. E. Fosnat, Copp's Public Land Laws, p. 653. <') Lampson vs. Dunham, Copp's Public Land Laws, p. 655. ^) Linden z/s. Gray, Land Oumer, Vol. 3, p. 181. (h) Lamb vs. Reeser, L»7^d Oumtr, Vol. 3, p. 73. (1) State of Nebraska vs. Dorrin^on et al.. Land Chwtfr, Vol, 3, p. 122. tJ) L»ire and Porter, Land Owner, VoL 3, p. 71. 6 ,>;, 83 THE AMERICAN SETTLER'S GUIDE. b. APPLICATION, ENTRY AND PROOF. The application to enter is in the following form : Applic\ti:>n No. . ^' ~ r',^5=''f!?y -''PP'y *o «n'er, under the provisions of the act of Tune 14, 1878, entitled "An Act W amend an act entitled 'An Act to encourage the growth of timber on the Western Prairies ' " the of section ■——. in tOWnshio .of ranee rnntninlntr 'j/-r»c ' in township , of range •., containing acres. Land Office at . i',:"~7~". "7 ' R=S'Stcr of the land office, do hereby certify that the above application is for the class of tonus which the applicant is legallv entitled to enter under the provisions of the timber culture act of Tune 14 1878; that there IS no prior valid adverse right to the same, and that the land therein described, together witb the lands heretofore entered under this act and the acts of which this is amendatory in the said section, does not exceed one-quarter thereof. , « u»j» , RegisUr. This must be accompanied by the following affidavit, which may be made before the Register or the Receiver, or the clerk of some court of record, or officer authorized to administer oaths, actually within the district where the land is situated. AFFIDAVIT. Land Office at , {Date) , i8— I» . having filed my application No. , for an entry under the provisions of a« act entitled "An Act to amend an act entitled 'An Act to encourage the growth of timber on the Western Prairies,'" ap- proved June 14, 1878, do solemnly that I am the head of a family [or over twenty-one years of age], and a citizen of the United States [or have declared my intention to become such] ; that the section of land specified in my said application is composed exclusively of prairie lands, or other lands devoid of timber; that this filing andenlrj' is made for the cultivation of timber, and for my own exclusive use and benefit; that I have made the •aid application in good faith, and not for the purpose of speculation, or direcdy or indirectly for the use or benefit of any other person or persons whomsoever ; that I intend to hold and cultivate the land, and to fully comply with the provisions of this said act; and that I have not heretofore made an entry under this act, or the acts of which this is amendatory. Sworn to and subscribed before me this — ■'- day of , i8 — . Whereupon the Receiver will issue his receipt for the money received by him, givmg tlie ^ plicant a duplicate thereof; Receiver's Receipt, > f Application, No. . / \ No. . Receiver's Office , {Date) . 18—. Received of the sum of dollars cents, being the amount of fee and compensation of Register and Receiver for the entry of of section , in township , of range , under the first sec- tion of the act of Congress approved June 14, 1878, entitled, "An Act to amend an act entitled 'An Act to en- courage the growth of timber on the Western Prairies.' '' % . , Receiver. The fees for entries are $10 if the tract applied for is more than eighty acres ; and ^5 if it is eighty acres or less ; and the commissions of Registers and Receivers on all entries (irrespective of area) are $4 ($2 to each) at the date of entry, and a like sum at the date of firial proof. No distinction is made, as to area or the amount of fee and commissions, between minimum and double-minimum lands. A party may enter one hundred and sixty acres of either on pay- ment of the prescribed fee and commissions. Entries may be made of subdivisions of different quarters of the same section ; provided tliat each entry shall form a compact body, not exceeding one hundred and sixty acres, and that not more than that quantity sliall be entered in any one section. The fifth section of the act approved March 3, 1857, entitled "An Act in addition to an act to punish crimes against the United States, and for other purposes," is extended to all oatl^ affirmations, and affidavits required or authorized by the timber culture law. No land acquired under the provisions of this law will in any event become liable to tlie sat- isfaction of any debt or debts contracted prior to the issuing of the final certificate therefor. The affidavit required of applicants must be made at the tim.e the application is filed, excejA when made before an officer autliorized to use an official seal, when a reasonable time should be allowed for trai\smission to the local land office(*). ITie filing of the application and affidavit, with payment of fees, are essential prerequisites to <*) HiiTun Campbell, Land Owner, Vol. 5, p. 3x» THE AMERICAN SF'n'LER'S GUIDE. 83 die allowance of a timber culture entry, and he who first complies with the conditions obtains priority of right. A prior verbal application, unaccompanied by the written application, etc., gives no preferenc right, as it is not the duty of the local officei-s to prepare the necessary papers(*). An application was rejected because the aflidavit u^xin which it was based was executed whil anotlier timber culture entry covered the land in question(*'). A qualified party may relinquish a timber culture entiy of eighty acres, and tliereafter may enter tlie same under the act of March 3, 1879, as an additional entry to his original entry, as described in this caseC). A timber-culture settler may relinquish a portion of tlie land embraced in his entry, and hold the remainder(*), ^ There is no provision of law for a second timber culture entry(«). An application to transmute a pre-emption filing to a timber culture entry cannot be allowed(*). In the case of the deatli of a party having made a timber culture entry, who leaves a widow and heirs, his rights under the entry go to the heirs and not to the widow, contrary to the rule which prevails in similar cases arising under the homestead laws(K). The term " legal representatives," as used in the timber culture act, does not include a party acting under a power of attorney. The heii-s or legal representatives of a deceased party, who had made a timber culture entry, may continue the cultivation of the trees, and on compliance with the law will receive a patent fprthe land(»>). But in case the trees are not cultivated by the heirs, the entry will be liable to cancellation. A prior pre-emption settlement will defeat a timber culture entry(*). A pre-emptor's right to land attaches from date of settlgnent, and a timber culture claimant's fix>m date of entry at the local office. ^Vhere a pre-emptor has falsely alleged that he settled prior to the date of the timber culture entry, two courses may be pureued by the timber culture claimant to protect his rights. 1. He may wait until die pre-emptor proves up, when the actual date of settlement may be shown, or (J) 2. He may present to the local officers his affidavit calling in question the alleged date of settlement, and asking that a hearing be ordered to determine the respective rights of the parties in intcrcst(/V^). A jxirty cannot enter under the homestead law a part of the land embraced in his timber culture enliy. He may relinquish his timber culture entry, in whole or in part ; and upon can- cellation thereof, he may, if he is the first legal applicant, enter any part of the land as a homestead (*). The ratio of area required to be broken, planted, etc., is one-sixtfenth of the land embraced in the entry, except where the entered tract is less than forty acres, in which case it is one- sixteenth of forty acres. The party making an entry of a quarter section, or 01^ hundred and sixty acres, is required to break or plow five acres covered thereby during the first year, and five acres in addition during the second year. The five acres broken or plowed during the first year he is required to cultivate by raising a crop, or otherwise, during die second year, and to plant in timl)er, seeds, or cuttings, during the diird year. The five acres broken or plowed during the second year he is required to cultivate by raising a crop, or otherwise, during the tiiird year, and to plant in timber, seeds, or cuttings, during the fourth year. The tracts embraced in entries of a less quantity than one-quarter section are required to be broken or plowed, cultivated, and planted in trees, tree-seeds, or cuttings, during the same periods, and to the same extent, in pro- portion to their total areas, as are provided for in entries of a quarter section. (•) Daymiide vs. McNeely, Land Owner, Vol. 3, p. 38. (b) John Key, Land Owner, Vol. 4, p. 134. (•) W. C. Latimer. Land Owner, Vol. 8, p. 122. (J) O. A. Avery, Land Owner, Vol. 2, p. 133. {«)G. L. Wood, Land Oiuner, Vol. 3, p. 73. (0 I. G. Pe.-im, Land Owner, Vol. 3, p. 179. (s)Wm. Robertson, Land Otvner, Vol. 4, p. \(A. (S») G. W. Kniss, Land Owner, Vol. 2, p. 117. (')^V'. T. Nicholas, L^nd Owner, Vol. i, p. 9a (J) L. O. Straud, Land Owner, Vol. 3, p. 3. k) H. La French, Land Owner, Vol. 4, p. 85. r^i THE AMERICAN SETTLER'S GUIDE. In case the trees, seeds, or cutting.';, are deslroyed by grasshoppers, or by extreme and unusual droutli, for any year or term of years, the time for planting such trees, seeds, or cuttings, is extended one year for every such year that they are so destroyed : Provided, the party before he ■)r she becomes entitled to such extension of time, files with the Register and tlie Receiver of he proper land office an affidavit, corroborated by two witnesses, setting forth the destructioa of tlie trees, etc., and that, in consequence of such destruction, he or she is compelled to j^k an extension of time. No final certificate shall be given, or patent issued, for the land entered, until the expi)ation of eight years from the date of entry; and if, at the expiration of such time, or at any time within five years thereafter, the pei-son making the entiy, or, if he or she be dead, his or her heirs or legal representatives, shall prove by two credible witnesses that lie or she or they have planted, and, for not less than eight years, have cultivated and protected the required quantity and character of trees; that not less than twenty-seven hundred trees were planted on each acre, and that at the time of making proof there shall be then growing at least six hundred and seventy- five living and thrifty trees to each acre, they shall be entitled to receive a patent for such tract of land. Parties who have already made entries under the timber-culture acts of March 3, 1873, ^"^^ March 13, 1874, of which the act of June 14, 1878, is amendatory, may complete tlie same by compliance with the requirements of the latter act; that is, they may do so by showing, at the lime of making their final proof, that they have had under cultivation, as required by the act of June 14, 1878, an amount of timber sufficient to make the number of acyes required thereby, being one-fourth the number required by the fonner acts. It will be sufficient for this if the parties show that of the entire area embraced in their respective entries they have cultivated in timber for the period required by the act of 1 878 an area not less than one-sixteenth part; and that they have then growing upon such cultivated area the prescribed number of "living and thrifty trees," viz., 6,750, where the entry is for 160 acres; 3,375, where it is for 80 acres; and 1,688, where it is for 40 acres or less. ' The requirements of law pertaining to a timber culture entry of 120 acres are the same as for an entry of 160 aci'es, less one-fourth part, or as for an 80 acre tract and a 40 acre tTact(*). Parties who have made timber-culture entries cannot commute by paying the government price per acre for tlie land. Fivll compliance with the law for the full time must be shown before title can pass to the claimants^'). The timber culture laws in oifering a land bounty for the production of timber on tlie western prairies had in view not fruit trees or shrubbery, or trees of subordinate impoilance, but tlie object was to encourage the growdi of what are known as " timber trees," comprising oak, ash, elm, and such other trees as are commonly used in ship and house building. By recent instructions, however, trees that are of value for commercial puiq^oses, or for fire- wood and domestic purposes, are included among the trees that may be planted and cultivated. The planting of black walnut and other trees that will produce the greatest income at maturity is recommended, m The planting and cultivation in Southern California of the Eucalyptus, or Australian gum- tree, is a compliance with the timber-culture laws("'). The Cottonwood tree is included in the list of timber trees ("^j. Where a party made a timber culture entry of one hundred and sixty acres, and has done breaking and planting sufficient to comply with the law in case of an entiy of eighty acres, he will be allowed to relinquish the half of his entry, and retain the part on which the trees planted cire situated (*"), The fact that a previous claimant had complied with the timber-culture law in the matter of (») Dodge & Chace, Land Owner, Vol. 3, p, 72. (»•) L. R, Moyer, Land Owner, Vol. 2, p. 39, (•) Amos Harris, Land Oiutter, Vol. 3, p. 71. (<>) Instructions, I^nd Owner, Vol. 6, p. 153. (•) W. D. Gould, I^and Owner, Vol. 4, p, 85. Tin: ,..,_. . ;iijL^. 85 Drt;akiv)g and pLi:. *.;';.;, ■'.• -> i: suljsequent part}' who makes entry of the same land from complyaig with the timber culture la\v(*). Where a party enters for timber culture lami. , furjiierly broken up and cultivated, he is not required to do the prescribed breaking on land not before broken, but he may go over the land formerly broken and again break it and iMe|xire it for the reception of the trees, to the extent of area and in the periods prescribed^*). A strict compliance v^-iili \hf finil-,-t- rii'tnie I '.in r ,•)•,'•;. ._..^, __.^ is required. Where timber cuiLu-.c iiujiux^uhjul.- v.^i^ wn .uin ^jnwi lu inc cmu; uicif^i under the timbei -culture statutes, such improvements will now be credited to the party making tlie entryC). A party may elect to break die s<" ' 'ait the trees sooner than the timber culture act requires(^). A claimant has tlie right to select ut ai tlie whole tract entered the particular part to be cul- tivated in tirfiber(«) Where a timber culture claimant dies, having failed to comply with the timber culture law, his heirs have no rights in the premises embraced in the entry, and the entry should be canceled !Pon a proper showing(^i. C. CONTEST AND CANCELLATION. If, at any lime after one year from the date of entr)', and prior to the issue of a patent there- for, the claimant shall fail to comply with any of the above requirements, his entry will become liable to a contest in the manner provided in homestead cases, and upon due proof of such, failure, the entry will betcanceled, and the land become again subject to entry under the home- stead laws, or by some other person under the timber culture law. A contesting^ party must place his application on file in the local land office with his affidavit, initiating a contest against an entry already made, but whether such application entitles such contestant to the privilege of making an entry depends upon the testimony at the trial, showing that the first party has not complied with the law. If the testimofny does show non-compliance with the law, then, upon cancellation of the first entry, the contestant will be allowed to perfect an entry for himself («). No preference right is granted the conte::-ta;it luikss Iii:; op plication accompanies his affidavi: initiating the contest. An entry made by the prefen-ed claimai.; ..,; -^ - " ■— •■ > '''-e the affidavit is filed and the fees and commissions paid (•*). There is a provision of law to allow a party tlic jj.eit iciiLc r:g;.i lu emcr ntnd embraced in • limber culture entry, who files a relinquishment of such entry(*). See Act of May 14, 1880, p. 49. \S'Iu.rc a Contest has been regularly initiated against a timber culture entry by a party who filed his affidavit and application to enter, such party will have the preference right of entry, if the first entry is canceled on account of a relinquishment thereof(*). Lands covered by a timber culture entry subsequently canceled may be entered under the pre- emption laws, though the preference right is always v. i;]i the h( nv. -tead or timber culture claimant who successfully contests the former entry {■' . The requisites of an affidavit for a continuance on liiv. j^. vumi v.-1-.iw.-^^..i^v. ..1 u. \s ,n,^r^-,, ^ic that it shows, I. The name and residence of the witness and the materiality of his testimony; 2. The exercise of proper tliligence to procure the attendance of the witness; and 3. That the witness can be had at the time to which it is sought to have die trial deferred^'). « The question of sufficiency of notice in contested land claims m.ust be one of fact. Infonna (»i M. G. Lee, Luk^ Owner, VoL 4, p. 83. (*) D. D. Hoag, Land Oitmer, Vol. 4, p. 162. ..e) Gahan vs. Gurrell, Land Oitmer, Vol. g, p. 63. ('*) O. A. A. Gardner, Copp's Public Laud Laws, p. 651, (e) Wilson vs. Simmons, Land Owner, Vol. 5, p. 87. (0 Haynes vs. Metcalfe, Land Oiuner, Vol. 4, p. 134. i}) Isaac Atkinson, Land Otuner, Vol. 2, p. 180. (•>) Kinney vs. Dingman, Land-Ozvner, Vol. 7, p. 39. 0) Bafrettwj. Maybury, Land Oivner, Vol. 4, p. 77. W. L. Hurchar, Land Owner, Vol. 3, p. 72. (.*) Tewksbury z'^. Mcl'eck, Za«7tr«^r, Vol. 4, p. 54. (^ ' "' ' (*) Wilson vs. Simmons, Land Owner, Vol. 5, p. 87. QQ 'illE AMERICAN SETTLERS GUIDE. tion which makes it the duty of a party to make inquiry, and shows where it may be effectually made, is notice of all facts to which such inquiry might have led. But a party tlaus put oa inquiry is allowed a reasonable lime to make it, before he is affected with notice(*). The contestant in a timber culture entry must defray the expenses incident to the contest. A cross examination for the puqjose of creating expense and delay should be arrested. Sufficiency of notice is a matter of factC*). In contests in timber culture entries, the required affidavit must be filed and the published notice must be properly prepared(<'). The expenses incident to timber culture and homestead contests must be defrayed by the con testants. Where rehearings are ordered by the General Land Office, an equitable adjustmenr, of the expenses is allowed to be made by the local officers. (<*) . In case a timber culture entry is abandoned, the land covered by such entry is imtnediateiy subject to entry by another party under the timber culture or homestead laws, bu' the party applying must give the prescribed notice and the adverse party be allowed a hearing, as in gthei contested cases(*). A party cannot enter under the homestead law a part of the land embraced in his timber culture entry. He may relinquish his timber culture entiy, in whole or in part; and upon cancellation thereof, he may, if he is the first legal applicant, enter any part of the land as ai homestead ('), There is a provision of law for the repayment of the fee and commissions paid on a timber culture entry. Or a new entry may be made with credit for the money paid on a canceled entry. (K) See Act of June i6, 1880. ADDITIONAL RULINGS. Unless land is naturally devoid of timber, it cannot be entered under the timber culture law. Where the timber has been cut off, the land is not subject to such entiy. If saplings or young timber trees are found growing on the land, it cannot be entered for timber culture purposesC*), Because a tract was covered by a prior timber culture entry, is not evidence that the land is properly subject to the timber culture laws. A party who makes oath that a certain tract is devoid of natural timber, should assure himself of such fact by personal examination, or take the consequences(*). Where a scattering growth of timber trees (especially when less than fifty in number), exists on the margin of a stream of water, the tract should be regarded as naturally devoid of timber(i). Where two parties apply simultaneously to contest a timber culture entry, neither having in*, provements on the tract in question, both may be made parties to the contest, and may bid for the privilege of entering the land^*). In view of the act of May 14, 1880, an affidavit accompanying an application to make timber culture entry is unobjectionable because the date of execution thereof is prior to a relinquishmem of another entry on tlie same tract. Regard, however, must be liad to the time within which il is received at the local office (^). An excess not to exceed twenty acres' may be allowed in timber culture entries, when, as in . fractional sections, such entries appear unavoidable. Such excess must be paid for as in home- stead entries C"). Instructions relative to timber culture entries must be strictly complied with. Breaking and planting can be done by an agent, but claimant. is held responsible for failure* so to do(»). The year within which the timber culture claimant must break five acres, does not expire until the end of the last day of the year. (See {a) next page.) (») McC-xrter vs. Dunn, Lajid Oiuner, Vol. 5, p. 21. (l>) Ibid. («) McCarter vs. Dunn, Land Owner, Vol. 4, p, 76. (d) Ibid. (•) Instiuclions, Land Owner, Vol. 5, p. 147. (0 Henry L.i French, Land Owner, Vol. 4, p. 8> (() Ludwig Hartz, Land Owtier, Vol. 2, p. 100. C") B. F. Griffin, Land Owner, Vol. 6, p. 154. («) Schliter vs. Off, Land Owner, Vol. 7, p. 137. (J) F. M. Phillips, Land Owner, Vol. 7, p. 166. (k) Theodore Kimm, Land Owner, Vol. 7, p. 181. (i) D. D. Merryman, Land Owner, Vol. S, p. 14s. {") Instructions, Land Owner, Vol. 7, p. 6. (») James Cassidy, Land Owner, Vol. 8, p. 92. THE AMERICAN SETTLER'S GUIDE. 87 The pendency of one application to contest a timber culture entry is not necessarily a bar to the initiation of a contest against the same entry by another party(*). The entire area required by law can be planted at once, provided the ground has been pre- lared properly (^). A limber culture claimant complies with the law who replows or harrows the land broken during the previous year. Two years' preparation of the soil is a legal requirement, but putting it to crop is not necessarily required; but cultivation to crop or otherwise is required(«). Tlie planting and cultivation of white willow fulfills tlie recjuireraents of the timl)er culture act. List of tx-ees whicli are regarded as timber trees — ced?^, pine, fir, larch, elm, oak, black locust, alder, beech, plane tree (cotton tree, buttonwood, or cycamorc), chestnut, spruce, ash, birch, service tree (mountain ash), maple (including box eider), walnut, cottonwood, white willow, hickory, white wood (tulip tree), butternut, and basswood("*). Also the following : alder, birch, beech, basswood, black locust, cedor, chestnut, cottonwood, fir, including spruce, honey locust, larch, box elder, plane tree (otherwise called rotten tree, buttonwood, or sycamore), service tree (otherwise called mountain ash), white willow, and white wood (otherwise called tulip tree), have been decided as being timber in the mearJ-ng of the law(e). No patent can be issued on a timber culture entry until after the expiration of eight years of compliance with the law('). The relinquishment of a timber culture claim should be made in case of death of clair/iaav o/ all the heirs, these, if any, over twenty-one years of age, acting in person, and minors through K jfaardian duly appointed by the proper probate court, and with full power to act 'V r^e pr.';mises(«). The mere offering to sell one's interest in a timber culture entry, is not deemed surticieiu ground upon which to base a contest^). A party alleging that a timber culture claim has been sold and relinquished, is entitlpfl ""^ enter contest against the same, notwithstanding the year from date of entry may not rave eiapsed, or the relinquishment is held by a third party (*). The fact that one party has failed at a hearing to show a timber- culture cia.mant's non-com- jflatce v/ith the law, does not bar another party from the privilege of being hear:! upon simila: fJ.W^.do-:'^ covering the same period of time(f). llie rimber cuhure act does not limit the right of contest to one person or one contest. A contestant should specifically allege the year in which the entryman failed to comply witb fifcs law, and wherein such failure consistedC'). No improvement and settlement made by contestee, after initiation of a contest against his tntry, shall accrue to his benefit, or act to defeat the vested rights of a contestant and applicant(^^ d, FINAL PROOF. The act of March 3, 1873, entitled "An act to encourage the ^c^. v^th of tinibei on the west- em prairies," provided that any person might make an entry under that act on any quartc-- section of the public lands. Entries under that act were not restricted to heads of families, persons twenty-one years oi age, citizens, or those who had declared their intention of becoming citizens of the United States. Persons making entries under said act were required to plant, protect, and keep in a healthy growing condition for ten (10) years, forty acres of timber on the quarter-section entered. The trees were to be not more than twelve (12) feet apart each way. Only one quarter of any sec- tion could be entered. Entries were to be made for the cultivation of timber. Final proof (») Tripp vs. Stewart, Land Owntr, Vol. 7, p. 39. (b) Jorgen Raon, Land Ozvr.sr, Vol. 7, p. i3i, (e) Rhodes vs. Avery, Land Owner, Vol. 8, p. 76. (d) C. S. Getchell, Land Owner, Vol. 7, p. 39. (e) F. M. Phillips, Land Owner, Vol. 7, p. 166. (f) S. F. McKinney, Land Gvjnsr, Vol. 7, p. 6. fc) Charles King, Land Owner, Vol. 8, p. 93. (h) J. W. Farmer, Land Owner, Vol. 8, p. 93. (1) Greene vs. Graham, Land Owner, Vol. 7, p. 103. (i) Huls vs. Yielding, Land Owner, Vol. 7, p. 3. (ii) Sanstadti/f. Htilmcr. La.vd O^vner^ Vol. 7, p. 105. (I) Kinney z,,-;, Digrm^n, Land Owner, Vol. 7, p ■»;. S.3 THE AMERICAN SETTLER'S GUIDE. could be made at the expiration of ten (lo) years from the date of entry, or at any time witliki three (3) years thereafter, In making final entry under this act, the party, or, if he be dead, his heirs or legal represent- atives, must "prove by two creditable witnesses that he, she, or they have planted, and for not less than ten years have cultivated and protected," the quantity and character of timber above mentioned. The act of March 13, 1874 (iS Stats., 21), was an act amendatory of, and, from said Marck 13, 1874, a substitute for, the act of March 3, 1873. All timber culture entries made between March 13, 1874, and June 14, 187S, were made under the act of 1874. This act provided that citizens of the United States, or persons who had declared their intention of becoming citizens, and who were heads of families or had arrived at the age of twenty-one years, could make such entries. Entries were to be made for the cultivation of timber. Forty acres of timber or a quarter-section, and the like proportion of timber on less than a quarter-section, were required 'to be planted, protected, and kept in a healthy growing condi- tii)a for eight (8) years. The trees were to be not more than twelve (12) feet apart each way. Only one quarter-section, or its equivalent, could be entered by any one person under this act. The party making an entry of one quarter-section was required to break ten (10) acres of the land the hrst year, ten (10) acres the second year, and twenty (20) acres the third year after the date of the entry; and to plant ten (10) acres of timber the second year, ten (10) acres the third year, and twenty (20) acres the fourth year after the date of the entry, and in the same ivr-rsT/rtion when the entry was for. a less area than one quarter-section. Final proof could be made at the expiration of eight (8) years from the date of entry, or at any time within five (5) ) ears thereafter. In making final entiy under tliis act, the party, or, if he be dead, his heirs or legal repre- sentatives, must " prove by two credible witnesses that he, she, or they have planted, and ior not less tiian eight (S) years have cultivated and protected," the quantity and character o£ t.inber menUoned in this act. lu C:<\se of the death of a person v. ho had complied with the provisions of the act for tiiree 5; years, the heirs or legal representatives had the option to continue the compliance for* th«r '\.nniinder of the eight years, and to receive patent accordingly, or to* receive patent for foiif {40) acres outright by relinquishing all claim to the remainder. Entries made under the act of March 3, 1873, can be completed, and final proof made tm- • le.x the act of Mai-ch 13, 1874, upon compliance witli the provisions of the latter act. By the act of May 20, 1876 (19 Stats., 54), amendatoiy of the act of 1874, it was provided liiat whenever a paity holding a claim or making final proof under said act should prove, by ; A'O credible witnesses, that the trees planted and growing on said claim were destroyed by grasshoppers during any one or more years, the time allowed in which to plant the treis and make final proof should be extended the same number of years as the trees planted were so itestroyed. It was also provided that the planting of seeds, nuts, and cuttings, shovjld be considei-ed a compliance with the timber- culture, act, when such seeds, nuts, and cuttings, should be prop- .riy and well planted, and the ground properly prepared and cultivated. It is not necessary under this act that the planting shall be done in one body, " provided the j.r:veral bodies, not exceeding four in number, planted by measurement, aggregate the amcniBt lequired and in the time required by the original and amended act," rt was provided that in case the seeds, nuls, or cuttings, shoiild not gemiinate and grow; Of i'x^ujd be destroyed by the depredations of grasshoppers, or from other inevitable accident, tlie y-vound should be replanted, or the vacancies filled within one year from the first planting. Parties claiming the benefit of this provision were to prove, by two good and credible ^vit nesses, that the ground was properly prepared and planted, and that the destruction of thfl i^eds, nuts, or cuttings, was caused by inevitable accident. ^ The act of June 14, 1878 (20 Stats., 113), is an act amendatory of, and, as to all entries made since June 14, 1S7S, is a substitute for, th? .id of M-r.-b ; :. 1S74. THE AMERICAN SEl^FLER'S GUIDE. 89 The persons authorized to make entries under the act of 1878 are heads of families or single persons who have attained the age of twenty-one years, and who are citizens of tlie United States or have declared their intention to become citizens, and who have made no previous entry under the timber culture laws. Entries are restricted to not more than one quarter section, and one entry only can be made by any one person. Only tracts embraced in sections which are prairie lands, or other lands devoid of timber, are subject to entry under this act. The entry must be made for the cultivation of timber, and for tli6 exclusive use and benefit of the person making the entry. It must be made in good faith, and not for speculation, nor for the benefit of another. Five (5) acres on a quarter-section are required to be broken or plowed the first year, and five (5) acres the second year. The second year the first five acres must be cultivated to crop or otherwise. The third year the second five acres must be cultivated to crop or otherwise, and the first .five acres must be planted in timber, seeds, or cuttings. The fsurth year tlie second five acres must be planted in timber, seeds, or cuttings. Ten (10) acres are thus to be plowed, planted, and cultivated on a quarter-section, and the same proportion when less than a quarter-section is entered. The whole ten (10) acres, or the due proportion there- of, must be prepa)-ed and planted within four years from the date of tlie entry, five (5) acres being prepared the first and second years and planted the third year, and five (5) acres being prepared the second and third years and planted the fourth year. If the trees, seeds, or cuttirigs are destroyed by grasshoppers or by extreme and unusual droughts, the time of planting may be extended one year for every year of such destruction, upon the fihng in the local office of an affidavit by the entryman, corroborated by two wit- nesses, setting forth the destruction and asking the extension of time provided for by the act. Final proof can be made at the expiration of eight (8) years from the date of entry, or at any time within five years thereafter. The requirements in making final proof under this act are as follows: 1st. It must be shown that not less than -twenty-seven hundred (2,700) trees of the proper character were planted on each acre of the ten acres required to be planted. 2d, It must be shown that the quantity and character of trees as aforesaid have been culti- tivated and protected for not less than eight years preceding the time of making proof. 3d. It must be shown that at the time of making proof there are growing at least six hun- dred and seventy-five (675) living and thrifty trees to each acre of the ten acres planted. All entries made since June 14, 1S78, are made under tliis act. Parties who made entries under either of the former acts are permitted to complete the same and to make final proof under the act of 1878, ujx)n full compliance therewith. Section 7 of the act defines the meaning of the term " full compliance" as used in that section. It is, that the parties shall show that they have had under cultivation, as required by the act, an amount of timber sufficient to make the number of acres required therein; that at the time of making final entry the required number of living and thrifty trees are growing ob the land. It is not requisite, in making proof under the act of 1 878, that the manner of planting as prescribed by that act should be shown to have been followed by persons who made entries under the acts of 1873 j^nd 1874. The planting in such cases may have been done in the manner prescribed by the acts of 1873 o"^ 1874, or in the manner prescribed by the act of 1 8 78. ' . Xhe character of the trees should be such as are recognized in the neighborhood as of value tor timber, or for commercial purposes, or for firewood ahd doinestic use. The enumeration of species on page 27 of the General Circular of October i, 1880, is only intended as a general p^uide, and is not to be construed to e>:clude nv- •-- ■- r^ii:.^ .- within the f--—- --— ■ '^'----'-teriia ■ uting the perio'l '' ' ' ' ' ,s:iry 90 THE AMERICAN SETTLER'S GUIDE. acts of cultivation were performed within the proper time. The preparation of the land and tlie planting of trees are acts of cultivation, and the time authorized to be so employed, and actually so employed, is to be computed as a part of the eight years of cultivation required by the statute. If there have not been eight (8) years of cultivation, or if there are not the requisite number of living and thrifty trees growing on the land at the expiration of eight years from the date of entry, then final proof cannot be made until these requisites shall have been complied with. The proof required in final entry will be the affidavit and testimony of the party, corrobor- ated by the testimony of two witnesses, setting forth, specifically and in detail, all the facts of the case, showing when cultivation was commenced, the acts performed, amount of land plowed, cultivated, and planted, what was done in each year, the total number of trees planted, the total number growing, and their size and condition at date of proof, and any other facts or circumstances material to the case. In making final proof the timber culture claimant must appear in person with his witnesses, at the district land office of the district in which the land is situated, and there make the nec- essary proofs; or the affidavit of the party may be made, and his testimony, and the testimony of his witnesses, given before a judge or clerk of a court of record in such land district. The officer administering the oath or taking the testimony must certify to the identity and credibility of the party appearing beibre him. In every case, when final proof is offered or submitted, the Register and Receiver* will care- fully examine the evidence, and, if found sufficient as showing that the claimant has fully com- plied with the law (and on payment of the final commissions allowed by law), they will pro ceed to issue the final certificate and receipt in the same manner as in final homestead cases. The payments required by law on a timber-culture entry are as follows: Original Entries. For more than 80 acres, a fee of jgio, to be paid at date of entry, and $^ commisaonsf a>tal, $1^. For eighty acres or less, fee $5, commissions, $4; total, ^9. Final Entries. The total payment required in each case of final entry is I4, payable when final proof is made. No additional or other fee, charge, gratuity, or reward, is permitted to be paid or received for any services rendered at district land-offices in connection with such entries. A. FINAL AFFIDAVIT. TIMBER CULTURE ENTRY. Acts of March 3, 1873, March i3,'i874, and June 14, 1878. having on the day of , i8 — , made a timber culture entry No. — , of section — — , fn township — of Range — , subject to entry at , , under the timber-culture laws of the United States. do hereby apply to perfect my claim thereto by virtue of the seventh section of the act of June 14, 1878, entitlea " An act to amend an act entitled ' An act to encourage the growth of timber on the western prairies/ " and for that purpose do solemnly that my aforesaid entry was made in good faith, and not for the purpose of spec- Hlation, or directly or indirectly for the use or benefit of any other person or persons whomsoever; that I have not heretofore made any other entry under the timber culture laws of the United States ; and I do further that the section of land specified in my aforesaid entry is composed exclusively of prairie lands or other lands devoid of timber ; that said entry was made for the cultivation of timber, and that I have planted on said land, cultivated, protected, and kept in a healthy, growing condition for and during the period of eight (8) years last past, acres of {here describe the kinds of timber) timber ; that not less than trees were planted on each acre, and that there are now at least {here state the number 0/ trees) living and thrifty trees to and upoa each acre, aggregating in total the number of trees. (Signature of claimant.) ■■ > Sworn to and subscribed before me this day of———, x8— . , THE AMERICAN SETTLER'S GUIDE. 91 B. TIMBER CULTURE PROOF. TESTIMONY OF CLAIMANT. (Acts of March 3, 1873, March 13, 1874, and June 14, 1878.) , being called as a witness in own behalf in support of timber culture entry No. tot — section — , township — , of range — , in the district of lands subject to entry at , testifies as follows: Question i. What is your name written in full and correctly spelled, your age, and post-office address ? Answer. . Question 2. Describe yoar timber-culture entry, giving the date thereof and the number of acres embraced therein. Answer. . Question 3. What number of acres of said land was broken by you during the first year, what number broken during the second year, and what number broken during the third year, respectively, after the date of your entry ? Give the day, month, and year, as nearly as practicable in each instance, when the several breakings were done ; describe the method of breaking, and in what way your measurements were made. Answer. . Question 4. Describe the way in which the ground was prepared, and state how many acres of said tract were planted to trees during the secoiid year of your entr>', giving the day, month, and year, as nearly as practicable, when the planting was done, the kind or kinds of trees planted ; and state how you know the area or number of acres so prepared and planted during said second year. Answer. . Question 5. Describe the way in which the ground was prepared, and state how many acres of said tract were planted to trees during the M/r^/year of your entry, giving the day, month, and year, as nearly as practicable, when the planting was done, the kind or kinds of trees planted ; and state how you know the area or number o» acres «o planted during said third ycs.T. Answer. . Question 6. Describe the way in which the ground was prepared, and state how many acres of said tract were planted to trees during thc/oiirth year of your entry, giving the day, month, and year, as nearly as pn^ticable when the planting was done, the kind or kinds of Uees planted; and state how you know the area or number of acres so planted during sziA/ourth year. Answer. . Question 7. If you have received an extension of time for planting on account of the destruction of your trees, seeds, or cuttings, by grasshoppers, or by e.xtreme or unusual drought, state the year or years in which eztensioa was had, and give all the particulars. How did you proceed to obtain such an e.xtension ? Answer. . Question 8. How many acres of timber have you planted, cultivated, protected, and kept in a healthy grow- 3ig condition for the period of eight (8) years last preceding on the tracts embraced in your entry? Answer. . Question 9. Describe the condition of the trees now growing on said tract, giving their average diameter and height as near as you can, the kind or kinds of trees, the number of trees per acre now growing thereon ; and Mate how you know the facts to which you testify T Answer. . Question 10. Have you ever heretofore made any other timber culture entry ? If so, describe such entry or entries and state all the particulars. Answer. . Question 11. Is the section specified in your entry composed of prairie land, or was it devoid of timber at the date of your entry ? Answer. . Question 12. State anything further within your personal kaowledge which you have to ofiFer regarding your aforesaid entry. Answer. . (Signature of claimant.) . I hereby certify that each question and answer in the foregoing testimony was read to the claimant before signed name thereto, and that the same was subscribed and sworn to before me this day of , c. (The testimony of two witnesses in this form, taken separately, required in each case.) TIMBER CULTURE PROOF. TESTIMONY OF WaTNESS. (Acts of March 3, 1873, March 13, 1874, and June 14, 1878.) -, being called as a witness in support of the timber culture entry of No. — for the ftf section — , township — , range — , in the district of lands subject to entry at , testified as follows : Question 1. What is your name, age, occupation, and residence? Answer. . Question 2, Are you well acquainted with , the claimant; and, if so, since what time have yo« known him? Answer. . Question 3. If you have persona! knowledge regarding claimant's timber culture entry, give the date whea said entry was made, describe the tract or tracts, and state the number of acres embraced therein. Answer. . Question 4. How far do you reside from the land described, and have you had continuous personal knowledg* of said land and the improvements thereon during the last eight (8) years? Answer. . Question 5. Was the section embracing the entry of the claimant composed of prairie lands or other lands de- void of timber? Describe the land embraced in said section, whether undulating or otherwise, and if any natural timber was growing on the tract named at the date of entry ; state the kind or kinds of trees so growing, aB , of , the sum of dollars, being the balance of payment requirea by law for the timber culture entr>' of the of section — , in township — , of range — , containing acres, under the acts of March 3, 1873, and March 13, 1874, and the act of June 14, 1B78, amendatory thereof, entitled " An act to amend the act entitle'd 'An act to encourage the growth of timber on the western prairies.' " Fareiz'er. E. Final Certificate, \ » /Application, No. — . ; t No. — . TIMBER CULTURE. (Acts of March 3, 1873, March 13, 1874, and Jtme 14, 1878.) Land Office at (Date.) • day of ■ It is hereby certified that, in the pursuance of the provisions contained in the acts of Congress of JMarch 3, 1873, and March 13, 1874, and the act amendatory thereof of June 14, 1878, entitled " An act to amend the act entitled * An act to encourage the growth of timber on the western prairies,"' , of , has made pay- ment in full for of section number — , in township — , of range number — , containing acres. Now, therefore, be it known, that on presentation of this certificate to the Commissioner of the General Land Office tlif said shall be entitled to a patent for the tract of land above described. Rev^ister. "• Late Rulings Under the Timber Culture Laws. ft must be nndei-stood that where two rulings apcar to contiadict, the later ruling govenu. A clerk or Register or Receiver, but not a special agent, may make a timber culture enln ir district other than the one in which he is located(*). A timber culture entr}- •- -'' •■- = '■ -— -- "■ ;,u. f^.,/!;,,., ,\... , ,v.. -, o^ ^ clcir. i, .dofficeC). A single woman may mpjiy aiier ir.akuig tne aincMvu rr'r.iirei: m a mnber culture c. A timber culture entry by a \\dfe is void at inception^). A married woman cannot make a homestead or timber culture entry, unless she has L.. ; ^serted by her husband, or for some other reason can be regarded as the head of (he fariiilyfe A limber culture claimant is not compelled to reside in the vState or Terr;; um is located('). Where a small quantity of timber exists, mostly growing from old stamps let ' land is devoid of timber(«). If trees at maturity become deficient in quality, so as to render them unserviceable for the rposes for which timber trees are ordinarily used, the land upon - i---'- '^ - ~ ~----^. iperly be designated timber landC^). Timber culture entry otlierwise legal, made on land containing a giov>lii ot CGtiouv, o.' : es at the time w^hen such trees were not regarded as timber trees by the Land. Depaitjndt. a legal entrl' on land " devoid of timber." Later rulings holding such trees as timber trees nnot affect such entr)- or rights acquired thereunder(*). rhe question as to whether land is devoid of timber should not be determined by the exact mber of trees growing thereon, but rather by ascertaining whether nature has provided wHat time will become an adequate supply for the wants of the people likely to resic ct in question (J). Where a fiatural growth of timber, vaiying from six to thirty inches in diameter, is seat- ed over eighty acres of a quarter-section, such tract is not subject to timber culture entryC'). Tim'jer culture entries should be made upon vacant unimproved land, not upon cultivated i.d covered by the valuable improvements of another, and in the po-ssession of a!iother(^') . .\ tmi!>er culture entry cannot be made on lands within the incoqiorated limits of a town(^). Application and Entry. The affidavit and application in a timber culture entry are considered as one paper, and if *'ie affidavit is sworn to before the township plat is on file the application fails('*). Where an application to enter under the timber culture laws is pending, a homestead entry ull not be allowe'd(*'). A timber culture entry may embrace land in a pre-emption filing, subject to such pro-emp- r's right(P). The affidavit and application in a timber culture entiy cannot be made by an agem('^i. An application erroneous in form, afterwards corrected, should take effect from the date when first received at the local land office('"). The rehnquishment of a timber culture entry held for examination and declared valid re- lates back to date of filing, and an application to enter presented between the date of filing (•) Instnictiun.s, Land Owner, Vol. lo. p. 232. (*) Foster z'j.. Patterson, Z^wrf 0'umer,\'o\. 9, p. 172. ;»>) Grandy vs. Bedel!, Land Chvner, Vol. 10, p. 259. (') Bender Z's. Voss, Land Oivner, Vol. 10, p. 171. (o) Effie J. Thomas, Land Owner, Vol. 8, p. 194. (™) J. M. Dayton, Land O-ivner, Vol. 10, p. 327. '"'} Glaze t'^y. Bogardus, Zrtwo' 07Liter,Vo\. 10, p. 232. (») Instruaions, Z/i«// Oivner, Vol. 9, p. 199. ■') Anna D. Wohlfarth, Zrtwrf Oumer, Vol. 10, p. 323. (») Anthony Sellman, Land Owner, Vol. 9. p. 172. ^ Curtis rj. Griffes, Land Ourmr, Vol. 9, p. 172. (p) Owings vs. Lichtenberger, Land Owner, Vol 9 '') Newton vs. I^upher, Land Owner, Vol. 10, p. 171. p. 197. ") Mattem vs. Parper, Land Oitncr, Vol. 10, p. 299. (q) John E. Cannon, Land Owner, Vol. 9, p. 64. •1 Cudney vs. Flanner\-, Lana Oitiur, Vol. 10, p. 55. (') Banks vs. Smith, Land Owner, VoL 10, p. ?2f»- ..\ Blanker vs. Slosgy, I^md Oivn<:r.\Q\. 10, p. 171. 94 THE AMERICAN SETTLER'S GUIDE. the relinquishment, and the date of canceling entry should be received as the first legal appli- cation (*). There is no preference right of entry by reason of settlement or of breaking a portion of the land prior to filing of township plat in the local land office(^). An applicant under the timber culture law is not reqiyred to present his application in person, and if he has recourse to the mail for the purpose of presenting to the local officers the instrument of his intention, he is entitled to the same consideration as if personally present^). Where timber culture applications are simultaneous the privilege of entry should be put up at auction (•*). An excess above i6o acres should be paid for in cash(*^). 1 60 acres may be embraced in a timber culture entry, notwithstanding the section in ques- tion is fractional and contains only 342 acres('). Only one timber culture entry can be allowed in a section which embraces 862 acres(K). A successful contestant has thirty days to make entry. In the meantime, no one can enter other land in the same section under the timber culture lawC*). A timber culture entry by another party may be allowed within the thirty days granted con- testant within which to enter subject to the preference right of contestant('). A timber culture entiy of arid land without means of irrigating it indicates bad faith, espe- <;ially if the law is not complied with in respect to otherwise preparing the land for planting(J) A filing should not be allowed where settlement is alleged subsequent to date of a timber <:ulture entry covering the same landC'). A contestant's entry dates from the time it was fully perfected, and not from date of initiat- ing contest('). A party who appears to amend his timber culture entry cannot be allowed to embrace a tract entered by another timber culture claimant who has no notice of the prior party's inten- tion to claim the land. The first party may be allowed to take some other tract, or have the money paid as fees and commissions refunded (™). Breaking and Cultivation. A season of drought cannot excuse the breaking required by the timber culture laws(°). In a timber culture entry there is no restriction when the work must be done, provided it is done within the required time(°). Where an agent fails to do the breaking required within the statutory period, the laches will be cured if the entryman procures breaking before contest(P). The object to be attamed during the first year by a timber culture claimant, is a thorough overturning of the soil, not in spots, but continuously throughout the prescribed area. It is immaterial whether this object be accomplished by plowing or otherwise(i). If eighteen months have elapsed from date of entry, it is not sufficient for a contestant to allege non-compliance with the law during the first year, -but it must he alleged that the proper amount of breaking was not done the first year, nor up to the time the affidavit was executed('"). Timber trees include eveiy kind valuable for timber or domestic purposes('). («) Sim vs. McGrew, Land Owner, Vol. 10, p. 299. (i) Thomas A. Cheshire,i«7«rf Owner, Vol. 8, p. 195. (b) Samuel Dewell, Land Ozvner, Vol. 10, p. 232. (•») Herbert H. Moody, Land Owner, Vol. 10, p. 152. (<=) William C. Young, Land Owner, Vol. 11, p. 26. (») Truax »j. Semper, Land Owner, Vol. 9, p. 79. («) Instructions, Land Owner, VoL 9, p. 199. (o) Gahan vs. Garrett, La7id Owner, Vol. 9 p. 63. («) Owen L. Ramsey, Land Owner, Vol. 9, p. 172. (p) Ewing vs. Rickarcl, Land Owner, Vol. 9, p. 174. (0 C. A. Rice, Land Owner, Vol. 10, p. 93. (q) Elum vs. Petsch, Land Owner, Vol. 11, p. 25. (B) Edward Powell, LandOwner, Vol. 10, p. 327, (r) Worthington I'i. Watson, Land Owner.VoX. ii.p. (b) William Ehman, Land Owner, Vol. 9, p. 36. 55. («) Shanley vs. Moran, Lund Owner, Vol. 10, p. 93, (•) M. C. George, Land Owner, Vol. 8, p. 180. (i) Rowe vs. Beller, Land Owner, Vol. 10, p, 380. (k) Tinney vs. McDonald, Land Ozvner, Vol. 11, p. «3. » THE AMERICAN SETTLER'S GUIDE. 06 Tasmanian gum tree may be planted for timber culture(*). Putting land to crop is not required under timber culture laws. The ground may be har- fowed or otherwise properly prepared (**). Mulching will be allowed in timber culture entries(<'). Cultivation by hoeing and permitting a growth of grass or weeds around young trees, whea it will insure their protection and growth better than the customary cultivation by plowing, etc., is deemed a compliance with the timber-culture lawC^) The preparation of the land and planting of trees are acts of cultivation, and the time ac- tually so employed should be computed as part of the eight yeax-s required in timber culture cases. If at the expiration of eight yeare from' date of entr^' the timber growing upon a claim is not in a fit condition to meet the requirements of the law, the claimant may be allowed five years additional time in order to attain the required results, as in this case, notwithstanding the party had 22,600 trees upon his claims). A timber culture entry in which the claimant fails to plant during the third year is for- feited(0. Final Proof. A father, as heir, can complete the timber culture entry of a deceased son(*). Contest and Relinquishment. Practice rule i allows the initiation of contests against alleged abandoned or forfeited home- •tead or timber culture entries by any person, whether in interest or not, but in all other cases (including pre-emptions) only by a party in interest. In view of the irregular hearing in this case the contestant acquired no rights and the timber culture entry after relinauishment of a pre-emption claim by the contestee is allowed to stand(**). The affidavit of contest must be made in timber culture cases after the year has expired. The difference of one day is material('). Where a qualified party desires to make both a homestead and a timber culture entry, he may commence contest against two timber culture entries(J). A contest affidavit against a timber culture entry is insufficient if it does not allege that the failure complained of exists at the present timeC'). The charges in affidavit of contest against a timber culture entiy must be specific as to ^antity('). H. entered in 1876, but claimed the benefits of the act of 1878. This act enlarged the pro- visions of the act of 1874, but is not inconsistent therewith in respect to affidavit required, to the effect that the entry is made for the cultivation of timber, for his own exclusive use and benefit, in good faith for himself and not for the purpose of speculation. The evidence shows the law not to have been complied with in this respect, as Husted had bargained and sold or agieed to sell the entire tract to another, who was to cultivate the land for a time for a part of the proceeds of the agricultural crop. Held, That the entry should be canceled, as not saving been made with a view to appropriate the land to his own use, but for speculative pur- poses(™). Acts done or omissions by the timber culture claimant since date of initiating contest have ao bearing on contestant's rights(°). Where the first contest against a timber culture entry is not supported by law, anoiher con- <») W. A. Sanders, LM.nd Oivner, Vol. 8, y. 194. (e) Cowan vs. Woodside, 1 and Cwner, \o\. 9, p. 37. C*) Rhodes vs. Aver>', Lattd C timer. Vol. 8, p. 76. (»>) Johnson vs. 1 urke. Land Owner, Vol. 10, p. 298. («) Enoch V/. Poor, Land Ozvner, Vol. 8, p. 195. (') Stewart vs. Carr, JLand Cwner, \ ol. 11, p. 42. (^) Reynolds vs. Sampson, Land Owner, Vol. 10, p. (J) Milton F. Hloss, Lnnd Livner, Vol. 10, p. 107. 170- (•=) Dodge vs. Miller, Land Otuner, Vol. 10, p. 399. |«) Benjamin F. Lake, Land Ckvner, Vol. 11, p. 75. I}) Rowe vs. Feller, land ivn^r, \o\. 10, p. 380. ^ Mondelbaum vs. lurner. Land Ovmer, Vol. o, p, (") K!o:< vs. Husted, Land O-.vner, Vol. ii, p 26. 27- ("; Etter vs. Noble, Land Oivner, Vol. 10, p. 196. 06 THE AMERICAN SETTLER'S GUIDE. test by another party may be initiated against the same entry notwithstanding the first contest IS still pending(*). The contestant in a timber culture case must show himself qualified to make entry of tJit tract-r-except where it is claimed that the entry was illegal at inception. The contestant can- not shorten the thirty days period of reservation by withdrawing or relinquishing his prefer- ence rightC^). As a condition precedent to a second contest against the same timber culture entry, the former case must have been finally adjudicated, inclu-ding appeal(''). Offering to sell one's interest in a timber culture entry is insufficient ground for contest (''). The act of June 14, 187S, restricts a contest against a prior timber culture entry to one who eeeks to enter under the timber culture or homestead^ law, and in the absence of any such ap- plication there is no right of contest(^). Where the contestant dies, as his right is a personal one, it leaves the case between the gov- ernment and the entryman(f). An alien may declare his intention to become a citizen of the United States, make a timber culture entiy, and be absent from the United States thereafter for two years or more, without forfeiting his entry, provided he returns and the timber culture law is complied with^«). A qualified party may make a relinquishment of his timber culture claim and re-enter as homestead. A party cannot make relinquishment of one timber culture claim and make anoth.er timber culture entry(*'). The purchaser of the relinquishment of a public land entry gains no rights against the United States from the mere fact of such purchase, and the question of duplicate sales or of the pay- ment or non-payment of the purchase money, has no legal bearing in the determination of a case'M. (») Bivins z>s. Shelly, Land Owner; Vol. 10, p. 2x2. (f) Morgan vs. Doyle, Land Owner, Vol, 11, p. 131. iy) Instructions, Land Owner, Vol. ro, p. 42. (s) McMiirtrie vs. Wright, Land Owner, Vol. 11, p (c) Schneider vs. Bradley, Land Owner, Vol. 9, p. 64. 25. (3) J. W. Farmer, Land Owner, Vol. 8, p. 93. (»') W. A. Lewis, Land Owner, Vol. 8, p. 122. (•) Bnndy vs. Livingston, Land Owner, Vol. 9, p. (») Andrew Korbe, Land Owner, Vol. 10, p. 124. CHAPTER VI. MISCELLANEOUS. I. Townsites. Tiie President is authorized to reserve from the public lands, whetlier surveyed or unsuf \eyed, townsites on the shores of harbors, at the junction of rivers, important portages, or any natural or prospective centers of population. The old method of obtaining title to townsite lands is as follows : When, in the opinion of the President, the public interests require it, it shall be the duty of the Secretary of the Interior to cause any of such reservations, or part thereof, to be sur- veyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence afterward to be held subject to sale at private entry according to such regulations as the Secretary of the Interior may prescribe ; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof. And all such sales shall be con- ducted by the Register and Receiver of the land office in the district in which the reservatior may be situated, in accordance with the instructions of the Commissioner of the Gener? Land Office. In any case in which parties have already founded, or may hereafter desire to found, a city or town on the public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and forty acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed ; also giving the name of such city or town, and ex- hibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and areas of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and general character of the improve- ments ; such map and statement to be verified under oath by the party acting for and in behalf of the persons proposing to establish such city or town ; and within one month after such filing there shall be transmitted to the General Land Office a verified transcript of such map and statement, accompanied by the testimony of two witnesses that such city or town has been established in good faith, and when the premises are within the limits of an organized land district, a similar map and statement shall be filed with the Register and Receiver; and at any time after the filing of such map, statement, and testimony in the Gen- •iral I^and Office, it may be lawful for the President, to cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a min- imum of ten dollars for each lot; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminution thereafter as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any addi- tional lot in which he may have substantial improvements, shall be entitled to prove up and purchase the same as a pre-emption, at such minimum, at any time before the day fixed for the public sale. When such cities or towns are established upon unsurveyed lands, it may b-e lawful, after the extension thereto of the public surveys, to adjust the extension limits of the premises according to those lines, where it can be done without interference with rights which may ht 7 (y?) 08 THE AMERICAN SETTLER'S GUIDE. vested by sale. Ff.tents for all lots so disposed of al public or private sale are issued as m ordinary cases. If witi:in twelve months from the establishment of a city or town on the public domain, the parties interested refuse or fail to file in the General Land Office a transcript map, with the statement and testimony called for above, the Secretary of the Interior will cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this exception, that they shall each be at an increase of fifty per centum on the minimum of ten dollars per lot. The preceding method is not much used. The better one is as follows : In case the town is incorporated, the corporate authorities thereof, and, if not incorporated, the judge of the county court for the county in which the town is situated, may enter at the proper United States land office, and at the minimum price of 5i-25 per acre, the land so settled and occupied for townsite purposes, in trust for the occupants. thereof, according to their respective intei-ests ; the execution of which trust, as to the disposal of the lots in the town, and the proceeds of the sales thereof, to be conducted under such regulations as may be pre- scribed by the legislature of the State or Territory in which the same may be situated. The entry of the land must be made, or a declaratory statement of the purpose of the inhabitants to enter it as a townsite must be filed with the Register of the proper land office, prior to the commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement must include only such land as is actually occupied by the town, and the title to which is in the United States ; but m any Territory in which a land office may not have been established, such declaratory statements may be filed with the sur- veyor-general of the surveying district in which the lands are situated, who shall transmit the same to the General Land Office. Where the number of inhabitants is one hundred and less than two hundred, not exceeding tliree hundred and twenty acres can be embraced in an entry ; where the population is more than two hundred and less than one thousand, not exceeding six hundred and forty acres; and where the inhabitants number one thousand and over, not exceeding twelve hundred and eighty acres ; and for each additional one thousand inhabitants, not exceeding five thousand in all, a further grant of three hundred and twenty acres is allowed. If upon surveyed lands, the entry shall in its exterior limits be made in conformity to the legal subdivisions of the public lands authorized by law. When it is desired to enter a townsite found upon the unsurveyed public lands, a written application should be presented to the surveyor-general of the proper district for a survey, and the amount estimated by him as sufficient to cover the said cost and expenses must be deposited with any Assistant United States Treasurer or designated depositary in favor of the United States Treasurer, the depositor taking a duplicate certificate of deposit, one to be filed with the surveyor-general, and the other retained by the depositor. On receiving such cer- tificate, showing that the requisite sum has been deposited in a proper manner to pay for the work, the surveyor-general will transmit to the Register and Receiver of the district land office his certificate of such payment having been made, and will contract with a competent United States deputy surveyor, and have the survey made and returned in the same manner as other public surveys, after which the lands embraced within the site may be entered, or filed upon, OS in the case of townsites upon surveyed lands. All military and other reservations of the United States, private gi-ants, and valid mining claims are excluded from the operation of these townsite laws. In patents issued thereunder it is expressly declared as follows, viz : " No title shall be hereby acquired to any mine of gold, silver, cinnabar, or copper, or any valid mining claim or possession held under ex isting laws of Congress." The amount of land that can be reserved from pre-emption and homestead entry, by reason of the existence or incorporation of a town upon the public domain, is two thousand five hundred and sixty acres, unless the excess shall " be actually settled upon, inhabitec}, im- proved, and used for business and municipal purposes." THE AMERICAN SETTLER'S GUIDE. 9J> Pre-emption and homestead entries already made within the corporate limits of a town arc confirmed, the entries being regular in all respects j Provided^ it shall be satisfactorily shown that the lands so entered are " not settled upon or used for any municipal purpose, nor de- voted to any public use of such town," When the corporate limits of a town embrace lands in excess of the maximum quantity allowed, the proper authorities may select those portions that are actually occupied, used, and improved for municipal purposes, which lands shall be reserved from pre-emption and home- stead entry, and the residue will be restored, or become subject to such settlement and entry. This selection must be made within sixty days from notice ; and in default thereof, a hearing will be ordered and testimony taken as to the condition of the land, and such portion set apart as shall appear to be within the meaning of the act. Additional entries may be made by towns, where entries have already been made, in cases in which an increase in the number of inhabitants would entitle them to an entry of a larger area; such entries, however, to be within the maximum amount, or two thousand five hundred and sixty acres. The inhabitants of these towns or cities are limited, however, to one or the other of the modes provided in the law, and cannot commence proceedings under both systems. II. Railroad Grants. a. HOMESTEAD AND PRE-EMPTION CLAIMS IN GENERAL. Under the provisions of the acts of Congress granting lands to aid in the construction of railroads, wherein there are excepted from such grants the lands to which a valid pre-emption or homestead right had attached at the time when the grant may have become effective, the Land Department has decided as follows : 1. A homestead entiy, made by a person duly qualified, which is in all respects regular and legal, excepts the land covered thereby from tlie operation of a railroad grant attaching during the existence of such entiy. Under this ruling it is no longer necessary to hold investigations for the purpose of inquir ing into the period of residence of the claimant, his acts respecting settlement upon ana cultivation of the tract, etc. ; but, if the entry appears upon its face to be valid, no hearing will be ordered. In case allegations arc pi-esented by a railroad company tending to show fraud or irregu- larity in the initiation of the entry, proper opportunity will be afforded for the presentation of proof thereof. The law (section 2289, United States Revised Statutes) requires that a person making a homestead entry must be over twenty-one years of age, or the head of a family, and a citizen of the United States, or have declared his intention to become such ; and, at the lime of making such entry, he must swear that it is made for the purpose of cultivation, and not directly or indirectly for the use and benefit of any other person. The foregoing regulation has reference only to lands within the granted limits of railroads, the Supreme Court of the United States having recently decided, in the case of Michael Ryan vs. Central Pacific Railroad Company, that the right to indemnily lands does not attach until those lands are regularly selected. Where, however, entries or fdings have been admitted upon lands within the indemnity limits of any railroad grant, they will be allowed to stand awaiting the final adjustment of such grant, when, if the tracts are not required in satisfaction thereof, the entries or filings may be consummated. 2. A pre-emption claim whtch may have existed to a tract of land at the time of the o^ach- ment of a railroad grant, if subsequently abandoned and not consummated, even thoiign in all respects legal and bona fide, will not defeat the grant, it being held that upon the failure of such claim the land covered thereby goes to the grant as of the date when the grant became effective. Under this ruling, no hearings can be ordered for the purpose of ascertaining the facts respecting the settlement, occupation, improvement of the land, etc., by such pre-empuo« too THE AMERICAN SETTLER'S GUIDE. claimant at time of the attachment of the grant; for if such facts are established, undei the de- cision, the land is excepted from the grant. b. RELINQUISHMENTS IN FAVOR OF SETTLERS. By an act of Congress approved June 22, 1874, (18 Stat., p. 194,) it is provided : That in the adjustment of all railroad land grants, whether made directly to any railroad company or to any State for railroad purposes, if any of the lands granted be found in the possession of an actual settler whose entry or filing has been allowed under the pie-emption or homestead laws of the United States subsequent to the time at which, by the decision of the land office, the right of said road was declared to have attached to such lands, the grantees, upon a proper relinquishment of the lands so entered or filed for, shall be entitled to select an equal quantity of other lands in lieu thereof from any of the public lands not mineral, and within the limits of the grant, not otherwise appropriated at the date of selection^ to which they shall receive title the same as though originally granted. And any such entries or filings thus relieved from conflict may be perfected into complete title as if such lands had not been granted : Provided, That nothing herein contained shall in any manner be so con strued as to enlarge or extend any grant to any such railroad, or to extend to lands reserved in any land grant made for railroad purposes : And provided further. That this act shall not be construed so as in any manner to confirm or legalize any decision or ruling of the Interior Department under which lands have been certified to any railroad company, when such lands have been entered by a pre-emption or homestead settler after the location of the line of the road, and prior to the notice to the local land office of the withdrawal of such lands from market. An inducement is thus offered to such railroad companies as may be found entitled to lands held by actual settlers under the pre-emption or homestead laws, to relinquish in favor of the settlers, and receive other la:nds in lieu of those surrendered. Upon the filing of such relinquishment, the General Land OfBce is authorized to recognize he filing or entry of the settler in the same manner as if the land had not been granted to the ailroad company. Relinquished lands are rated at ^1.25 per acre. When the superior right of the company is ascertained, and it is found that the claim of the settler is such that it would be admitted were the railroad claim extinguished, the General Land Office will, in all practicable cases, direct the attention of the officers of the company to the fact, and request an explicit answer whether or not the land will be relinquished. At the same time it will be well for the party interested to seek for himself the relief indi- cated by direct application to the railroad authorities, and thereby aid in securing a speedy and satisfactory adjustment. C. CONFIRMATION OF PRE-EMPTION AND HOMESTEAD CLAIMS. On the 2ist of April, 1876, Congress, by an act entitled "An act to confirm pre-emption and homestead entries of public lands within the limits of railroad grants, in cases where such entries have been made under the regulations of the Land Department," declared : That all pre-emption and homestead entries, or entries in compliance with any law of the United States, of the public lands, made in good faith by actual settlers, upon tracts of land of not more than one hundred and sixty acres each, within the limits of any land grant, prior to the time when notice of the withdrawal of the lands embraced in such gi-ant was received at the local land office of the district in which such lands are situated, or after their restora- tion to market by order of the General Land Office, and where the pre-emption and home- stead laws have been complied with, and proper proofs thereof -have been made by the parties holding such tracts or parcels, they shall be confirmed, and patent for the same shall issue to the parties entitled thereto. / Section 2. That when at the time of such withdrawal as aforesaid valid pre-emption or homestead claims existed upon any lands within the limits of any such grants which after- ward were abandoned, and, under the decisions and rulings of the Land Department, were re-entered by pre-emption or homestead claimants who have complied with the law governing THE AMERICAN SETTLER'S GUIDE 101 pre-emption or homestead entries, and shall make the proper proofs required under such laws such entries shall be deemed valid, and patents shall issue therefor to the person entitled thereto. Section 3. That all such pre-emption and homestead entries which may have been made by permission of the Land Department, or in pursuance of the rules and instructions thereof within the limits of any land grant, at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such claim to a patent therefor. — (19 Stat., p. 35.) It is required that every application under this act shall be in such form as to distinctly set forth the facts in the case, and the specific grounds upon which the party applying claims to be included in the terms of the law ; and after the application shall have been filed, the applicant shall be allowed, to make proof of compliance with the pre-emption or homestead laws as provided in tliis act. Applications under this act must, in all cases, be made to the local land officers of the district within which the land claimed is situated, and the proof required must be taken be fore them, or before any person authorized by law to take the same. No person shall be deemed to have lost any right who failed to make the proof required by the pre-eniption or homestead laws, by reason of any decision or ruling of the General Land Office prior to the approval of this act, and all such persons may now make the proof required. in. State Lands. The lands for sale by the several States were mostly donated to them by the general Government for internal improvements and educational purposes. Some States, like Texas, derived their public lands from a foreign power. The sixteenth and thirty-sixth sections*in every township in the public land States and Territories are reserved for school purposes, and must be bought of the State, unless the settler went thereon prior to their survey in the field when he is allowed to secure title through the United States Land Office. Parties who find from the United States officers that the lands they wish to buy belong to the State, should apply to the State land officers. (See Chapter VH.) The advantages claimed on behalf of State lands are: I. They are mostly situated in the older portions of the State, where the settler has the advantages of railroad facilities, towns and markets, and where school houses, churches, and court houses are already built, and society fully organized. 2. They are sold on long time, in annual installments, at a moderate rate of interest. 3. The title comes directly from the State, and there can be no question as to title because of mortgages, judgments, back taxes, €tc. 4. The purchaser can pay up the balance due at any time within the long period allowed by the State, and procure a deed. IV. Private Land Claims. These claims arise under grants of various kinds from foreign governments, from whom the United States obtained the country by treaty. The majority are of Mexican origin, while many Spanish, and some French and English, claims remain unadjusted. No one will pur- chase land under these unpatented grants without first securing the favorable opinion in writ- aig of a land lawyer. As these claims are protected by treaty stipulations, they are not defeated by railroad grants, State selections, mining locations or homestead, pre-emption, or other claims under the United Stales. Many fraudulent private land claims exist, and of these all settlers should beware, for they are worthless and void. Whoever invests in them wastes his money. Immigrants will be cautious about settling upon land claimed under a foreign title, for they are likely to be expelled by the courts as trespassers, and the money they may have invested in buildings and improvements will be a total loss. Settlers will occasionally be offered lands held under some special or private act of Con- gross. Only on a clear abstract of title, showing the land to be free from taxes, judgments (») In the older Stales only the si.vtf.emh section is reserved for school purposes 102 THE AMERICAN SETTLER'S GUIDE. and morty:ages, made at the expense of the seller, and tracing the title back to the government or other satisfactory source, should the settler buy lands of a private individual or corporation, V. Indian Lands. Certain lands in the Territories and States arc set apart for the use of Indians. No one ia allowed to prospect for minerals or settle upon these lands. Through the united action of a delegation in Congress, the boundaries of an Indian reservation may be changed. Should a settler's improvements be included within the limits of a reservation set apart after he settled upon the land, he will receive pay from the government, usually at the full value, for what- ever has been taken from him. VI. Mines and Mineral Lands. {°-) Lands valuable for deposits of minerals, such as fire and pottery clays, marble, asphalt, soda, sulphur, diamonds, or of the precious and common metals, are subject to sale under the mining laws. A location must be first duly made and recorded. Certain sums must be annually expended, and five hundred dollars worth of labor and improvements must be laid cut on the claim before patent can be applied for. The rules and regulations and methods of procedure are fully set forth and explained in Copp's American Mining Code, Mining locations defeat all railroad and state selections, if the mines and minerals were discovered and known to exist or were located prior to the time the railroad and state claims took efiect. Private land claims derived fiom foreign governments alone can defeat mining locations. Homestead, pre-emption and timber-culture entries cannot embrace known mineral lands, unless it be first shown that the lands sought to be entered are more valuable for agricultural ourposes than for the minerals they contani. VII. Coal Lands. The act of Congress approved March 3, 1873, entitled " An act to provide for the sale of the lands of the United States containing coal," is as follows: [Section 2347 to 2352 R. S.] Be it enactedy etc.. That any person above the age of twenty-one years who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the Register of the proper land office, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the Receiver of not less than ten dollars per acre for such lands, where the same shall be situated more than fifteen miles from any completed railroad, and not less than twenty dollars per acre for such lands as shall be within fifteen miles of such road. Section 2. That any person or association of persons severally qualified as above, who have opened and improved, cr shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under the foregoing provisions, of the mines so opened and improved: Provided^ That when any association of not less than four persons, severally qualified as in section one of this act, shall have expended not le«:s than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements. Section 3. That all claims under section two of this act must be presented to the Register of the proper land district within sixty days after the date of actual possession and the com- mencement of improvements on the land by the filing of a declaratory statement therefor: Provided, That when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office: Atid pro- vided further. That where the improvements shall have been made prior to the expiration of three monlhs from the passage of this act, sixty days from the expiration of said three months (») See note (•>) on first page of Title III. which siioult! include Alabama. THE AMERICAN SETTLER'S GUIDE. 108 shall be allowed for the filing of a declaratory statement, and no sales under the provisions ol this act shall be allowed until the expiration of six months from the date hereof. Secfiox 4. That this act shall be held to authorize only one entry by the same person 01 association of persons under its provisions ; and no association of persons, any member of which shall have taken the benefit of this act either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions of this act; and no member of any association which shall have taken the benefit of this act shall enter or hold any other lands under its provisions; and all persons claiming under section two hereof shah be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims ; and upon failure to file the propei notice, or to pay for the land within the required period, the same shall be subject to entry bj any other qualified applicant. Section 5. That in case of conflicting claims upon lands where the improvements shall be hereafter commenced, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase; and also where improvements have already been made at the date of the passage of this act, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties; and the Commissioner of the General Land Office shall be, and is hereby, authorized to issue all needful rules and regulations for carrying into effect the provisions of this act. Section 6. That nothing in this act shall be construed to destroy or impair any rights which may have attached prior to its passage, or to authorize the sale of lands valuable for mines of gold, silver, or copper. The sale of coal lands is provided for — 1. By ordinary private entry under section I. 2. By granting a preference right of purchase based on priority of possession and improve- ment under section 2. The land entered under either section must be by legal subdivisions, as made by the regular United States survey. Entry is confined to surveyed lands ; to such as are vacant, not other- wise appropriated, reserved by competent authority, or containing valuable minerals other than coal. Individuals and associations may purchase. If an individual, he must be twenty-one years of age and a citizen of the United States, or have declared his intention to become such citizen. If an association of persons, each must be qualified as above. A person is not disqualified by the ownership of any quantity of other land, nor by having removed from his own land in the same State or Territory. Any individual may enter by legal subdivisions as aforesaid any area not exceeding one hundred and sixty acres. Any association may enter not to exceed three hundred and twenty acres. Any association of not less than four persons, duly qualified, who shall have expended not less than $5,000 in working and improving any coal mine or mines, may enter under section 2 not exceeding six hundred and forty acres, including such mining improvements. The price per acre is $10 where the land is situated more than fifteen miles from any com- Dieted railroad, and $20 per acre where the land is ivithin fifteen miles of such road. Where the land W^s partly Tvii hi n fifteen miles of such road and \xv part outside such limit; the maximum price must be paid for all legal subdivisions the greater part of which lies within fifteen miles of such road. The term "completed railroad" is held to mean one which is actually constructed on the ace of the earth ; and lands within fifteen miles of any point of a railroad so constructed vill be held and disposed of at $20 per acre, if constructed at date of payment. Any duly qualified person or association must be preferred as purchasers of those public lands on v/hich they have opened and improved, or shall open and improve, any coai mine oj mine*? onrl which th**v «:hall have in actual oossession. 104 THE AMERICAN SETTLER'S GUIDE. Possorsioti by agent is recognized as the possession of the principal. The clearest proof on the point of agency must, however, be required in every case, and a clearly-defined posses- sion must be established. The opening and i?np-oving of a coal-mine, in order to confer a preference right of pur- chase, must not be considered as a mere matter of form ; the labor expended and improv© ments made must be such as to clearly indicate the good faith of the claimant. These lands are intended to be sold, where there are adverse claimants therefor, to the party who, by substantial improvements, actual possession, and a reasonable industry, shows an intention to continue his development of the mines in preference to those who would purchase for speculative purposes only. In conflicting claims, where improvement has been made/reV io March 3, 1873, if each party make subsequent compliance with the law, the land will be awarded by legal subdivi- srions, so as to secure to each as far as possible his valuable improvements ; there beingno pro- vision in the act allowing a joint entry by parties claiming separate portions of the same legal subdivision. In conflicts, when improvements, etc., have been commenced subsequent to March 3, 1873, or shall be hereafter commenced, priority of possession and improvement shall govern the award when' the law has been fully complied with by each party. A mere possession, how- ever, without satisfactoiy improvements, will not secure the tract to the first occupant when a subsequent claimant shows his full compliance with the law. After an entry has been allowed to one party, no investigation will be had concerning it at the instance of any person, except on instructions from the General Land Office. All affi- davits will be received concerning such case, and forwarded to the General Land Office, ac- companied by a statement of the facts as shown by the records. Prior to entry, it is competent for the local officers to order an investigation, on suflftcient grounds, set forth under oath of a party in interest and substantiated by the affidavits of disin terested and credible witnesses. Notice of contest, in every case where the same is practicable, must be made by reading it to the party to be cited, and by leaving a copy with him. This notice must proceed from the local office, and be signed by the Register or Receiver. Where such personal service cannot be made by reason of the absence of the party, and because his whereabouts are unknown, j^ copy may be left at his residence, or, if this is unknown, by posting a copy in a conspicuous place on the tract in controversy, and by publication in a weekly newspaper having the largest general circulation in the vicinity of the land (where no newspaper shall be specified by the General Land Office) for five consecutive insertions, covering a period of four weeks next prior to the trial. Manner of obtaining title : P'irst by private entry. The party will present the following application to the Register, and will make oath to the same : I, , hereby apply, under the provisions of the act approved March 3, 1873, entitled " An act to provide for the sale of the lands of the United States containing coal," to purchase -quarter of section , in township of range , in the district of lands subject to sale at the land office at , and containing acres ; and I solemnly swear tViat no portion of said tract is in the possession of any other party, that I am twenty-one years of age, a citizen of the United States (or have declared my intention to be- come a citizen of the United States), and have never held nor purchased lands under said act, either as an in- dividual or as a member of an association ; and I do further swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same ; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto ; ' that there is not to my knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valu- able mineral deposit other than coal. So help me God. To this affidavit the Register will append the usual jurat. Thereupon the Register, if the tract is vacant, will so certify to the Receiver, stating the price, and the applicant must then pay the amount of purchase money. The Receiver will then issue to the purchaser a duplicate receipt, and at the close of th month the Register and Receiver will make returns of the sale to the General Land Office^ from whence, when the proceedings are found regular, a patent or complete title will be is- sued; and on surrender of the duplicate receipt such patent will be delivered, at the option THE AMERICAN SETTLER'S GUIDE. 105 of the patentee, either by the Commissioner at Washington, or by the Register at the district land oiHce. This disposition at private entry will be subject to any valid prior adverse right which may have attached to the same land, and which is protected by Section 2. Second. When the application to purchase is based on a priority of possession, etc., as provided for in Section 2, the claimant must, when the township plai is on file in the district office, file his declaratory statement for the tract claimed sixty days from and after tlie first day of his actual possession and improvement. Sixty days, exclusive of the first day of pos- session, etc., must be allowed. I The declaratory statement must be substantially as follows : I, , being years of age, and a citizen of the United States (or having declared my inten- tion to become a citizen of the United States), and never having, either as an individual or as a member of an association, held or purchased any coal lands under the act approved March 3, 1873, entitled "An act to provide for the sale of the land of the United States containing coal," do hereby declare my intention to purchase, under the provisions of said act, the quarter of section , in township of range , of lands subject to sale at the district land office at ', and that I came into possession of said tract on the day of , A. D. 18 — , and have ever since remained in actual possession continuously, and have expended in labor and improvements on said mine the sum of dollars, the labor and improvements being as fol- lows : (here describe the nature and character of the improvements ;) and I do.furthermore solemnly swear that 1 am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same ; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto ; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable mineral deposit other than coal. When the township plat is not on file at date of claimant's first possession, the declarator)' statement must be filed within sixty days from the filing of such plat in the district office. One year from and after the expiration of the period allowed for filing the declaratory state- ment is given within which to make proof and payment, but no party will be allowed to make final proof and payment, except on notice as aforesaid to all others who appear on the records as claimants to the same tracts. A party who otherwise complies with the law may enter after the expiration of said year provided no valid adverse right shall have intervened. He postpones his entry beyond said year at his own risk, and the Government cannot thereafter protect him against another who complies with the law, and the value of his improvements can have no weight in his favor. One person can have the benefit of one entry or filing only. He is disqualified by having made such entry or filing alone, or as a member of an association. No entry can be allowed an association which has in it a single person thus disqualified, as the law prohibits the entry or holding of more than one claim either by an individual or an association. No entry is allowed, under this act, of lands containing other valuable^ minerals. The character of the land will be determined under the present rules relative to agricultural and mineral lands. Those that are sufficiently valuable for other minerals to prevent their entry as agricultural lands cannot be entered under this act. Assignments of the right to purchase under this act will be recognized when properly executed. Proof and payment must be made, however, within the prescribed period, which dates from the first day of the possession of the assignor who initiated the claim. The affidavit required from each claimant at the lime of actual purchase will be as follows : I, , claiming the right of purchase under the act of Congress entitled "An act to provide for the sale of the lands of the United States containing coal," approved March 3, 1873, to the quarter of section , in township , of range . subject to sale at , do solemnly swear that 1 have never had the right of purchase under this act, either as an individual or as a member of an association, and that I have never held any other lands under its provisions ; I further swear that. I have expended in developing coal mines on said tract in labor and improvements the sum of dollars, the nature of such improvements being as follows : ; that I am now in the actual possession of said mines, and make the entry for my own use and benefit, and not directly or indirectly for the use and benefit of any other party : and I do further- more swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same ; that my knowledge, of said land is such as to enable me to testify understandmgly with regard thereto ; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable mineral deposit other than coal: So help me God. I, ■ , of the land office at . do hereby certify thar the above affidavit was sworn and suo- •cribed to before me this. day of , A. D., iS — . 100 THE AMERICAN SETTLER'S GUIDE. In case the purchaser shows by an affidavit that he is not personally acquainted \\ ith the character of the land, his duly authorized agent who possesses such knowledge may make the required affidavit as to its character; but whether this affidavit is made by principal or agent, it must be corroborated by the affidavits of two disinterested and credible witnesses having knowledge of its character. Circular of July 31, 1882, may be obtained of the Register. VIII. Stone and Timber Lands. Surveyed lands in California, Oregon, Nevada, and in Washington Territory not yet pro- claimed and offered at public sale, vali^able chiefly for limber and stone, unfit for cultivation, and consequently unfit for disposal under the pre-emption and homestead laws, may be pur- chased by individuals and by associations at the minimum price of $2.50 per acre. "When a party applies to purchase a tract of this character, the Register and Receiver will require him to make affidavit that he is a citizen of the United States by birth or naturaliza- tion, or that he has declared his intention to become a citizen under the naturalization laws. If native born, parol evidence of that fact will be received. If not native born, record evi- dence of the prescribed qualifications must be furnished. In connection therewith, he will be required to make a sworn statement in duplicate, according to the attached form ; Land Offick at , (Date) , 18—. I, , of county, , desiring to avail myself of the provisions of the act of Congress of Tune 3. 1878, entitled " An Act for the sale of timber lands in the States of California, Oregon, Nevada, and in Washington Territory," for the purchase of the of section , township , of range , do solemnly — — that ; that the said land is unfit for cultivation, and valuable chiefly for its ; that it is uninhab- ited ; that it contains no mining or other improvements ; nor, as I verily believe, any valuable deposit of gold, silver, cinnabar, copper, or coal ;^that I have made no other application under said act; that I do not apply to purchase the land above described on speculation, but in good faith to appropriate it to my own exclusive use •nd benefit; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which I may acquire from the Government of the 'Jnited States may inure in whole or in part to the benefit of any person except myself. Sworn to and subscribed before me this day of , 18 — . If any person taking this oath swears falsely in the premises, he will be subject to all the pains and penalties of perjury, and forfeit the money which he may have paid for the lands, and all right and title to the same ; and any grant or conveyance which he may have made, except in the hands of bona-fide purchasers, will be null and void. Upon the filing of the above statement, the Register of the land office will post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and furnish the applicant a copy of the same for publication, at the ex- pense of the applicant, in a newspaper published nearest the location of the premises, for a like period of time ; and after the expiration of the sixty days, if no adverse claim shall have been filed, the person desiring to purchase must furnish to the Register of the land office sat- isfactory evidence that the notice of the application prepared by the Register was duly pub- lished in a newspaper as required. This evidence must consist of the affidavit of the publisher or other person having charge of the newspaper in which the notice is published, with a copy of the notice attached thereto. Betting forth the nature of his connection with the paper, and that the notice was duly pub- lished for the prescribed period. The evidence required with regard to the non-mineral character of the land, and its unoccupied and unimproved condition, must consist of the testimony of at least two disinterested witnesses, to the effect that they know the facts to which they testify from personal inspection of the land and of each of its smallest legal subdivisions, as per form attached : TESTIMONY OF WITNESS, hcing called as a witness in support of the application of to purchase tbe rction , township , of range , testifies as follows ; Ques. t. What is your post-office address, and where do you reside? Ans. . Ques. 2. What is your occupation ? THE AMERICAN SETTLER'S GUIDE. lOT Qiies. 3. Are you acquainted with the land above described by personal inspection of each cf its smallest legal subdivisions ? Ans. . Qi:es. 4. When and in what manner was such inspection made ? Ans. . Ques. 5. Is it occupied ; or are there any improvements on i: not made for ditch or canal purposes, or whiclv vere net made by, or do not belong to, the said applicant? Ans. . Ques. 6. Is it fit for cultivation? Ans. . Ques. 7. What causes render it unfit for cultivation? Ans. . Ques. 8. Are there any salines, or indications of deposits of gold, silver, cinnabar, copper, or coal on thift land? If so, state what they are, and whether the springs or mineral deposits are valuable. Ans. . Ques. 9. Is the land more valuable for mineral or any other purposes than for the timber or stone thereon, or is it chiefly valuable for timber or stone ? Ans. . Ques. 10. From what facts do you conclude that the land Is chiefly valuable for timber or stone ? Ans. . Ques. II. Do you know whether the .ipplicant has directly or indirectly made any agreement or contract, h any way or m.inner, with any person whomsoever, by which the title which he may acquire from the Govern- meni of the United States may inure, in whole or in part, to the benefit of any person except himself? Ans. . Ques. 12. Arc you in any way interested in this application, or in the lands above described, or the timber or stone, salines, mines, or improvements of any description whatever thereon? Ans. . I }IERBBV CERTIFY that Witness is a person of respectability ; that each question and answer in the foregoine testimony was read to before signed name thereto, and that the same was subscribed and sworn to before me this day of , iS — . This testimony may be taken before the Register or Receiver, or any officer using an official seal and authorized to administer oaths in the land district in which the land lies. Upoo such proof being produced, if no adverse claim shall have been filed, the entry applied for may Ije allowed. The Receiver will issue his rece^'pt for the purchase money in the usual form. The Register and Receiver are entitled to a fee of five dollars each for allowing an entry under said act, and jointly at the rate of twenty-two cents and a half per hundred words foi testimony reduced by them to writing for claimants. If, at the expiration of the sixty days notice, an adverse claim should be found to exiss calling for an investigation, the Register and Receiver will allow the parties a hearing accord- ing to the rales of practice. In case of an association of persons making application for such an entry, each of the persons must prove the requisite qualifications, and their names must appear in and be sub- scribed to the sworn statement, as in case of an individual person. They must also unite in the regular application for entry, which will be made in their joint names as in other cases of joint cash entry. , IX. Saline Lands. Lands that are saline in character within the pablic land States, except the Sl.ites of Missis- sippi, Louisiana, Florida, California, and Nevada, none of which have had a grant of saline by act of Congress, and exclusive also of the Territories, are subject to sale at auction or private entry. Should prima facie evidence that certain tracts are saline in character be filed with the Register and Receiver of the proper land district, they will designate a time for a hearing at their office, and give notice to all parties in interest in order that they may have ample oppor- tunity to be present with their witnesses. At the hearing the witnesses will be thoroughly examined with regard to the true character of the land, and whether the same contains any known mines of gold, silver, cinnabar, lead, in, copper, or other valuable mineral deposits or any deposits of coal. The witnesses shall also be examined in regard to the extent of the saline deposits upon the given tracts, and whether the same are claimed by any person ; if so, the nkunes of the claimants, and the extent of their improvements, must Ije shown. 108 THE AMERICAN SETT[,ER'S GUIDE. The testimony should also show the agricultural capacities of the land, what kind of crops, if any, have been raised thereon, and the value thereof. The testimony should be as full and complete as possible, and, in addition to the leading points indicated above, everything of importance bearing upon the question of the character of the land should be elicited at the hearing. Should the tracts be adjudged saline lands, the Register and Receiver will be instructed to of?er the same for sale, after public notice, at the local land office of the district in which the same shall be situated, and to sell said tract or tracts to the highest bidder for cash, at a price cf not less than $1.25 per acre. In case said lands fail to sell when so offered, the same will be subject to private sale at •ZiLCh land office for cash, at a price of not less than J^i.25 per acre, in the same manner as ©tier public lands are sold, and already indicated on preceding pages. X. Desert Lands. Any party who wishes to make entry of desert lands can do so only in the States of Cali- ifornia, Oregon, and Nevada, and the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, and must file with the officers of the land office for the district wherein the land is situated, the following DECLARATION. No. . Land Office at , {Date) ■ I, , of county, of , being duly sworn, depose and declare, that I am a citizen of the United States, of the age of , and a resident pf said county and , and by occupation a ; that I in- tend to reclaim a tract of desert land, not exceeding one section, by conducting water upon the same, within three years from date, under the provisions of the act of Congress approved March 3, 1877, entitled "An Act to provide for the sale of desert lands in certain States and Territories." The desert land which I intend to re- claim does not exceed one section, and is situated in county, in the land district, and is descril>ed as follows, to wit : the of section No. , township No. , range No. , containing acres. I further depose, that I have made no other declaration for desert lands under the provisions of said act ; that the land above described will not, without irrigation, produce an agricultural crop ; that there is no timber growing upon said land ; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz, or other rock in place, bear- ing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal ; that there is not within the limits of said land, to my knowledge, any placer, cement, gravel, or other valuable mineral deposit or salines ; that no por- tion of said land is claimed for mining purposes, under the local customs or rules of miners or otherwise ; that no portion of said land is worked for mineral during any part of the year by any person or persons ; that said land is essentially non-mineral land ; that I became acquainted with said land by ; and that my declaration therefor is not made for the purpose of fraudently obtaining title to mineral land, timber land, or agricultural land, but for the purpose of faithfully reclaiming, within three years from the date hereof, by conducting water thereon, a tract of land which is desert land within the meaning of the act. Land Office at , (Daie) , i8— . I hereby certify that the foregoing declaration was this day sworn to and subscribed before me. , Re^ster. , Receiver. This declaration may be executed before the clerk of any court of record having a seal. If the applicant is not a citizen, but has declared his intention'to become such, a duly certified copy of his declaration of intention to become a citizen must be presented and filed. The declaration must also contain a description of the land applied for, by legal subdi- visions if surveyed, or, if unsurveyed, as nearly as possible without a survey, by giving, with as much clearness and precision as possible, the locality of the tract with reference to known and conspicuous landmarks or the established lines of survey, so as to admit of its being thereafter readily identified when the lines of survey come to be extended. As preliminary to the filing of such declaration, it must be satisfactorily shown that the land therein described is desert land as defined in the second section of the act. To this end, the testimony of at least two disinterested and credible witnesses is required, whose testimony will be reduced to writing in the usual manner ; or the evidence may be furnished in the form of affidavits executed before the clerk of any court of record having a seal, the credi- bility of the witnesses to be certified by said clerk. The witnesses must clearly state their acquaintance with the premises, and the facts as to the condition and situation of the land upon which they base their judgment. A form of affidavit, to be svvorn to and subrxribed hv each witness, is as follows ; THE AMERICAN SETTLER'S GUIDE. 109 AFFTDA\nT. Ko Land Office at , {DiUe) , i»— . Ij J of county, .being duly sworn, declare, upon oath, that I am a resident of said county and ; that I am of the age of , and by occupation a ; that I am well acquainted with the character of each and every legal subdivision of the following described land : the section No. , town- ship No. , range No. . containing acres ; that I became acquainted with said land by ; that I have been acquainted with it for years last past; that I have frequently passed over it; that my knowledge of said land is such as to enable me to testify understandingly concerning it ; that the same is desert land within the meaning of the second section of the act of Congress approved March 3, 1877, entitled " An Act to provider for the sale of desert lands in certain Sutes and Territories ;" that said land will not, without artificial irriga- tion, produce any agricultural crop ; that no agricultural crop has ever been raised or cultivated on said land, for the reason that it does not contain sufficient moisture for successful cultivation ; that the same is essentially d.-y and arid land, wholly unfit for cultivation without artificial irrigation ; that said land cannot be successfuUv cul- tivated without rccla'mation by conducting water thereon ; that said land has hitherto been unappropriated, un- occupied, and unsettled, because it has been impossible to cultivate it successfully on account of its drv ttA arid condition ; that it is a fact well-known, patent, and notorious, that the same will not, in its natural corull- tion, produce any crop, that the land is the ; that there is no timber growing thereon, but that it is devoi-ing water thereon, and shall pay to the Receiver the additional sum of one dollar per acre for the land above described, he or they shall be entitled to receive a patent therefor under the provisions of the said act. , Register, , Receiver. Note, — ^The word " heirs " is substituted in this form for the word " assignee," the Secretary of the Interior having declined to recognize the assignment of desert land claims. One of these duplicates will be delivered to the applicant ; the other will be retained by the Register and Receiver with the declaration and proof. At any time within three years after the date of filing the declaration and the issue of cer- tificate, provided the United States surveys have been extended over the land, the proper party may make satisfactory proof of having conducted water upon the land applied for. This proof must consist of the testimony of at least two disinterested and credible witnesses, who must appear in person before the Register and Receiver. They must declare that they have personal knowledge of the condition of the land applied for, and of the facts to which they testify ; and their testimony must be reduced to writing in the usual manner. DEPOSITION OF APPLICANT. Ques. 1. State your name, age, occupation, and residence. Ans. . )ues. 2. Arc you a citizen of the Ui^ited States, or. if not, have you declared your intention to become 5uch f '' not native bom, proof-record must be furnished.) Ans. -•. Ques. 3. If you have heretofore made a desert land entry, give the number and date thereof, and describe tlie land embraced thereiiu Ans. — . Ques. 4. Have you conducted water upon the land embraced in said entry, and irrigated the same, and re. claimed it from its former desert character, to such an extent that it will now produce an agricultural crop? Ans. — . Sues. 5. ^Vhat crops have you raised upon said land in each and e\'ery year since your first entry thereco er your declaration No. ? Ans. '-^. Ques. 6. How many acres h?.ve been sown or planted in each year, in what crops, and upon what portion or tubdivision of the land, and what amotint of such crops has been actually produced? An5. . Qu< (If 110 THE AMERICAN SETTLER'S GUIDE. Ques. 7. What crops, if any, had been grown upon the bnd, or upon any portion thereof, and, if any, upoe what portion, previous to your entry thereon? Ques. 8. Woulil the land, or any portion of it, by cultivation without irrigation, have produced any agricul* tural crop whatever, and, if so, what crop ? Ans. . Ques. Q. Was there any natural water supply upon such land sufficient to fertilize or irrigate the whole or any portion thereof, and, if so, what portion? State fully. Ans. Ques. 10. Has the amount of water conveyed upon the land in any one season been sufficient to so irrigate the entire tract as to render the same productive, and, if so, what crop or crops would such irrigation produce? Ques. u. Has the whole tract been irrigated and cultivated by you in any one season? Ans. . Ques. 12. Has each smallest legal subdivision or portion of less than forty acres been irrigated or cultivated either during one sea.son or different seasons since the date of your entry? Ans. . Ques. 13. How much water per acre has been conducted upon the land, or upon any portion under cultivation in any one season ; for how long a time \fas it so conducted upon the land, and at what times or seasons ? Sute fully. Ans. . S»ues. 14. In what manner was such water conveyed upon the land, whether by pipes or ditches, and how was istributed over and through the soil ? State particularly and in detail, and describe the ditches as to their width, depth, direction through or around the land, and give the length of each. Ans. . Ques. 15. Have you at this time the right and proprietorship of water sufficient and available to continue the Irrigation of this tract and make perpetual reclamation of the land, and is it your purpose so to continue its use upon this land, and for the purposes of such reclamation ? Ans. . Ques. 16. How was such right or proprietorship obtained, and by what tenure do you now hold the same? (Duly verified abstract of title must be furnished. ) Ans. . Ques. 17. Have you the sole and entire interest in said entry, and in the tract covered thereby, and the water appropriated to irrigate the same? Ans. . Ques. 18. Has any other person, individual, or company of individuals, any interest whatever in said entry, tract, or water appropriation ? If so, give the name, residence, and occupation of each such person, and the nature, amount, and extent of such interest. Ques. 19. Have you made or become the assignee of any other entry, or have you any interest, direct or in- direct, in any other entry under the desert laud act? Ans. . {Signature.) . I HEREBY CERTIFY that cach question and answer in the foregoing deposition was read to the applican before • • signed name thereto, and that the same was subscribed and sworn to before me this - day of ,18—. , Register, , Receiver, Note.— The officer before whom the deposition is taken should call the attention of the witness to the follow- ing section of the Revised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the. full c.vtent of the law ; Title LXX.— CRIMES.— Ch. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any cr„se in which a law of the United States authorizes an oath to be administered, that he will testify, declare, de- pose, or certify truly, or that .lYiy written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, .ind shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter, be incapable of giving tesiinioiiy in any court of the United States until such time as the judgment against him is reversed. [See g 1750. J The deposition of two witnesses, in the following form, taken separately, is required in each case. DEPOSITION OF WITNESS. Ques. I. State your name, age, residence, and occupation, Ans. . Que?. 2. Are yon acquainted with , who made desert land entry No. , on the day of , A. D., 18—, upon the ? Ans. . Ques. 3. How long have you known the party who ni.ide this entry? Ans. . Ques. 4. Have you personal knowledge of this land? Ques. 5. Has water been conducted upon the land embraced in said entry, so as to irrigate and reclaim the same from its former desert condition to such extent that the same will produce an agricultural crop? Ans. . Q.ies. 6. What crops have been raised upon said land in each and every year since its first entry by ■ ■ , under declaration No. , and by whom? Ans. . Ques. 7. How many .acres h.ive been sown or plantetl in each year, in what crops, and upon what portion or subdivision of ihc laud, and what amount of crops have been produced thereon, and by whom? Ans. Ques. 8. What crops, if any, had been grown upon the land or upon any portion thereof, previoiu to the entry of thereon ? Ans. . THE AMERICAN SETTLER'S GUIDE. til Ques. 9. Would the land, or any portion of it, by cultivation without irrigation, h ive produced any agricul- tural crop whatever, and if so, what crop? Ans. . Ques. 10. Was there any natural water supply upon such land sufficient to fertilize or irrigate the whole, o> aay portion thereof, and if so, what portion? State fully. Ans. . Ques. II. Has the amount of water conveyed upon said land by in any one season bee> aufncient to so irrigate the entire tract as to render the same productive, and if so, what crop or crops would such irrigation produce? Ajvs. . Ques. 12. Has the whole tract been irrigated and cultivated by — — in any one season ? Ans. , Ques. 13. Has each smallest legal subdivision or portion of le-, and shall be punished by a fine of not 'more than two thousand dollars, and by {mprisonment, at hard labor, not more than five years, and shall, moreover, tliercafter, be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. [See § 1730.J The party must also present and surrender the duplicate certificate issued when the declar- ation was fded. When this is done, and the final proof made to the satisfaction of the district officers, the Receiver will receive the additional payment of one dollar per acre, receipt therefor in duplicate, in the following form, and give the party a duplicate receipt: Receiver's Final Receipt, No. . Declaration No. . Land Office at , {Date) .iS— . Received from , of ■ county, , the sum of ■ dollars and cents, being fin.J payment of one dollar per .acre for the containing acres, at one dollar and twenty-five cents pet acre, the sum of twenty-five cents per acre having been heretofore paid, as per origin.il receipt No. . , Receiver, $ The right to the use of water by the person conducting the same on or to any tract of desert land not to exceed six hundred and forty acres, shall depend upon ooua fuie prior appropria- tion ; and such right shall not exceed the amount of water actually appropriated and neces- sarily used for the purpose of irrigation and reclamation; and all surplus v.ater over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, must remain and be held free for the appropriation and use of the public for irrigation, mining, and manufaciaring purposes, subject to existing rights. 1151 THE AMERICAN SETTLER'S GUIDE. Rulings Under the Desert Land Law. A desert land entry may be made by a mamed woman (»). Desert land entries are not assignableC'). A school section or part thereof cannot be embraced in a desert entry. Sections i6 and 36 while unsurveyed may be embraced in a desert entry («). Entries must be compact in form, not more than one mile and a quarter in any one direc tion, where 640 acres are entered(*^), . Desert lands may be surveyed on the deposit system(«). Lands that one year with another for a series of years will not, without irrigation, make a fair return to the ordinarily skilful and industrious husbandman for the seed and toil expended in endeavoring to secure a crop, are desert lands within the law. Crop means such an agricultural production as would be a fair reward for the expense of producing itC"). To be desert land it must be shown that irrigation is essential to produce any crop upon the land in question(sj. Lands that have been reclaimed and produce crops are not subject to entry under the desert land lawC*). Tracts entered under this law are desert until their non-desert character is established by preponderance of testimony(*). Final proof must show that the entire tract is irrigated in the cropping season. The crop may be hay, vegetables or cereals. Proof that all the land has been cultivated is not necessary, but it all must be in a suitable condition for cultivation. Mere conveying of water upon desert land is not a fulfillment of the law, unless in suffi- cient quantity to prepare such land for cultivation(J). The best proof of the right to use water must be produced, either by record evidence or a contract for water to be delivered by an incorporated company or prior appropriation^'). The final certificate and patent in a desert land entry ^n issue only after the public surveys have been extended (^). Patent will issue only in the nanie of the original partyC"). A party whose desert land entiy has been canceled for non-compliance with law caanot claim the land as a pre-emptor or homesteader by virtue of settlement and residence thereon prior to such cancellation(°). Repayment not allowed where a desert land entry has been canceled for non-compliance (•>). . When repayment in a desert land entiy cannot be made(P). Where a desert land entryman, after the expiration of three yeai's from entry, applies for repayment of purchase money on the ground of inability to secure water, such application will be refused (1), Desert land entries are included in the act of May 14, 1880, and as pre-emptions may be held subject to the Rules of Practice in the matter of hearings and contestsC). (») Instructions, Land Owner, Vol. 9, p. 222. (>) Schuler vs. Creighton, Land Owner, Vol. 11 , p. 59. (^) S. W. Downey, Land Oivner, Vol. 7, p. 26. (J) Instructions, Zriwrf Crvw^'r, Vol. 7, p. 105. Copp's Copp's Land Laws, p. 1381. Joab Lawrence, Land Laws, p. 1382. Wallace z/j. Boyce, Za«rf Land Owner, Vol. 11, pp. 118, 119. Owner, Vol. 9, p. 120. («) Samuel B. Reeves, Land Owner, Vol, 6, p. 76. (k) Instructions, Land Owner, VoL 7, p. 26. Copp's Land Laws, p. 1381. (>) John H. Bowman, Land Owner, Vol. 6, p. 199. (J) Philip Shenon, Land Owner, Vol. S, p. Z. Copp's Copp's Land Laws, p. 1383. Land Laws, p. 1379. Instructions, Land Oivmr, (">) Pedro Sodello, Land Owner, Vol. 9, p. 38. Vol. 7, p. 138. Rivers vs. Burbank, Land (°) Barrott 7's. hinncy. Land Ozvner, Yo\. 10, p, igj. Owner, Vol. 9, p. 238. (•) James R. Boyce, Land Owner, Vol. lo, p. 25. (•) Instructions, Land Owner, Vol. 9, p. 120. Cp) Thomas Guinean, Land Owner, Vol. 7, p. 8. (^ Babcockt/J. Watson, i,rt«^ f7w«(?r, Vol. 10, p. 174. Copp's Land Laws, p. 1397. (k) Bliss vs. Schamel, Lattd Owner., Vol. 10, p. 96. %) Perkins Russell, Land Owner, Vol. 10, p. ^^S. (>») Rivers vs. '?>nx\>-3.nV, LandOzvner,^o\. 9, p. 238. ^f) Fraser z/j. Ringgold, Zawrf Oww^r,. Vol. 11, p. 172. THE AMERICAN SETTLER'S GUIDE. 112a Fraudulent Land Entries and Contests. Any land entry that is based on a swom-to lie is fraudulent. By contest is meant the trial or hearing, equivalent to a proceeding in Court, by which one party seeks to deprive another of the land he claims. By settlement is meant the act by which a claimant shows his intention to claim public land. Usually it consists in building a shanty or breaking the sod. Contests are often decided by the dates of settlement. Legal settlement cannot be made by an agent, not eren by a member of his family. The settler must go in person actually upon the land he desires to secure, and perform some act of settlement. The settlement act of widows and spinsters may consist in giving orders to a hired man, but the orders must be carried into effect. A pre-emption filing must be preceded by settlement, but if not, the defect may be c«red by making settlement before another party commences an adverse settlement. A home* stead entry may be made without prior settlement. Filings and entries based upon settlement must be made within one month of settlement on offered land, and within three months on Mooffered land. A claimant who swears to settlement one or two months, or years, or otherwise, before the real date of settlement, is guilty of perjury, and besides committing a crime, his entry is liable to contest. Parties who swear falsely to settlement on school sections before survey gain nothing, if anybody chooses to report the truth to the General Land Office. Aliens cannot make legal settlement or entry until they have declared their intentions to become ciuiens. Married women cannot be settlers unless deserted by their husbands. No one under twenty- »me years of age, except the head of a family, can make settlement or entry. All entries made contrary to the above are subject to contest. Residence. Homestead and pre-emption claimants must comply with the law in the matter 'af resi- dence. The entries of herdsmen, miners, business and professional men and other people whose employments keep them away from their farms are liable to contest. Visiting claims once a week or occasionally during a month is not residence. Poverty sometimes excuses Bon-residence. but pretended poverty n^ver. Cultivation and Improvements. There must be sufficient breaking and cultivation of the land, and improvements, such as buildings, clearings, fences, well, etc., to show good faith and honest intention. ^Vhere little or no breaking or cultivation or improvements are shown, especially if residence has been doubtful, the entry is liable to successful contest. Tree Claims. Timber Culture entries must be on land naturally devoid of timber. The claimant must actually come within the land district to swear to his entry papers. The third year after entry, five acres, previously broken and cultivated, must be planted with trees, cuttings or seeds. The same with five acres more during the fourth year. These must be cared for and cultivated. If 'not, the entry can be successfully contested. Residence is not required. An agent can do all the work, but the entryman is held responsible. Improvements made by a prior claimant are credited on the purchaser's claim. Desert Land Entries. These entries cannot extend more than a mile and a quarter in any one direction, and can- not embmce cultivated, or timber or grassy lands. Desert land must be brought to an agri. Oiltural condition within three years from date of entry, or the entry will be liable to contest Preference Right. The act of Congress of May 14, 18S0, holds out, as an inducemetit to contest frattdulect 112b the AMERICAN SETTLER'S GUIDE. entries, the privilege, or preference right, of entiy for thirty days after cancellation of entry where contestants are duly qualified to make entiy. A preferred contestant cannot sell his right of entry so as to invest the purchaser vi'ith the privilege. Such purchaser must take his chances with other claimants. In general, all entries wherein the requirements of law are not fully met, are liable to con- test, and under amended rule of practice No. 35, the hearing may be had before some desig- nated officer near the land involved. The editor of the Guide will be glad to assist settlers in selecting good attorneys to conduct their cases and to prepare their entry and other legal papers. All rulings of local officers, as well as of the Commissioner of the General Land Office, that involve the denial of a supposed right, are subject to appeal to a higher tribunal, an* "•l- uable lands are frequently lost by not taking such appeal. AMERICAN SETTLER'S GUIDE. 112c Orders and Regulations by Commissioner Sparks. SUSPENSION OF ENTRIES. /V«fl/ action in this office upon all entries of the public lands, except private cash entries, and such scrip locations as are not dependent upon acts of settlement and cultivation, is sus- pended in the following localities, viz : All west of the First Guide Meridian west in Kansas. All west of range seventeen west in Nebraska. The whole of Colorado, except land in late Ute reservation. All of Dakota, Idaho, Utah, Washington, New Mexico, Montana, Wyoming, and Nevada, and that portion of Minnesota north of the indemnity limits of the Northern Pacitic Railroad, and east of the indemnity limits of St. Paul, Minneapolis, and Manitoba R. R. In addition final action in this office will be suspended upon all timber entries under the act of June 3, 1878, also upon all cases of desert land entries. April 3, 1885 W. A. J. SPARKS, Commissioner. MODIFICATION OF ORDER OF APRIL 3, 1 885. The order of April 3, 1885, is modified as follows: The Commissioner will certify to and request the issue of patents upon all entries not sub- ject to reasonable doubt j ist. In contests where ^he rights of successful parties have b^n e.stablished. 2d. Where examinations have ^een made by government agents, and no fraud appears. 3d. Homestead entries where residence, improvement, and cultivation have been made according to law. And a Board to consist of the Assistant Commissioner, Chief Clerk and Chief Law Cleric, is hereby organized to pass upon and report said cases to the Commissioner. December 3, 18S5. Wm. A. J. Sparks, Commissioner. Blank Forms. REGISTERS AND RECEIVERS, U. S. LAND UFFICES, JUNE 24,*l885. Blank forms of applications, affidavits, proofs, notices, etc., for the entry of lands under the public land laws, are furnished by this Office for the use only of claimants personally, and will not hereafter be supplied by you to attorneys, clerks of courts, notaries public, or other officers or persons. You will strictly economize the use of blanks now on hand in your re. spective offices, in accordance with these instructions. Sample copies may be furnished for printing, but not otherwise. Approved : L. Q. C. Lamar, Secretary. Filing of Flat of Survey. TO REGISTERS AND RECEIVERS. OCTOBER 21, 1 885. Hereafter when an approved plat of the survey of any township is transmitted to you by the Surveyor General, you will not regard such plat as officially received at and filed in your office until the follovvmg regulations have been complied with : I. You will forthwith post a notice in a conspicuous place in your office, specifying the town- ship that has been surveyed, and stating that the plat of survey will be filed in vour office on a day fixed by you and named in the notice, which shall be not less than 30 days from the dale of such notice, and that on and after such day you will be prepared to receive applica- tions for the entry of lands in such township. . 2 You will also send a copy of such notice to the postmasters of the post offices nearest the land, and a copy to each clerk of a court of record in your district, with the request that the same be conspicuously posted in their respective offices. 3. You will furnish the public press in your district with copies of such notice as a matter of news. 4. You will give such further publicity of the matter in answer to inquiries (for which you will charge no fee) and otherwise as you may be able to do without incurring advertising expenses. Approved October 22, 1885 : L. Q. C. Lamar, Secretary. 112U .. AMERICAN SETT tER?SQW:IDE. Instructions as to Applications, Affidavits and Proof. TO REGISTERS AND RECEIVERS AND OFFICERS AUTHORIZED TO TAKE AFFIDAVITS AND PROOFS IN PUBLIC LAND CASES, DECEMBER 1 5, 1 885. The large number of defective, irregular and insufficient proofs presented in public land cases, and the looseness with which attesting officers, particularly others than Registers and Receivers, have exercised their functions, make it necessary that the following directions be carfully complied with : 1. In cases of final proofs and of entry applications the parties, whether applicants, claim- ants or witnesses, must be properly identified before you. Attesting officers (including Reg- isters and Receivers) must certify that the parties appearing are personally known to them, ©r that their identity is satisfactorily established. The names of persons vouching to identity must be stated. Identifying affidavits should be required in all cases where necessary. 2. Each question in final proofs must be orally asked and answered in the presence of the attesting officer. Applications, affidavits and final proof questions must be thoroughly ex- plained, so that there can be no possibility that the parties will misunderstand the purport of their affidavits, or the full meaning of the questions asked, or the effect of their answers. Ready-made proofs presented merely for pro forma acknowledgment, without verification, cross-examination or evidence of identity, will not be considered such proofs as are required by law. 3. Officers taking affidavits and proofs must test the accuracy and reliability of the state- ments of applicants and claimants, and the credibility and means of information of witnesses, by a thorough cross-examination. Questions and answers in such cross examinations will be reduced to writing, and t^e costs thereof included in the costs of writing out the proofs. 4. Cross-examinations should be directed to a verification of the material facts in the case, and especially to the actual facts of residence and other requirements, the use of the land and purpose of the entry, and whether the entry is made or sought to be perfected for claimant's own use and occupation, or for the use and benefit of others. 5. Registers and Receivers and other officers must carefully see that parties and witnesses are swearing to actual facts, and not to constructions of law as to what constitutes facts. This requirement will be particularly observed in respect to facts of alleged residence. 6. Proofs must be taken on the day and before the officer named in the advertisement, and at his office, and between the hours of eight a. m., and six p. m. Proof taken privately or in secret, or otheftwise in substance irregularly, will not be accepted. 7. Proofs must in all cases be made to the satisfaction of Registers and Receivers. Proofs that are not satisfactory must be rejected. Registers and Receivers are authorized to avail themselves of all means of information in respect to the validity of entries and the interests in which they are made, and will not allow entries which they have good reason to believe col- lusive, speculative, or otherwise fraudulent. 8. Registers and Receivers must thoroughly scrutinize all proofs taken before officers other than themselves. They will not accept proofs so taken that are defective or insufficient, and they must see that all papers are complete and perfect before an entry is allowed or the pa- pers transmitted to this office. This rule will be imperatively insisted upon. 9. Registers and Receivers will promptly call to the attention of special agents and report to this office, all cases which in their opinion need investigation. 10. Should officers (other than Registers and Receivers) taking affidavits or proofs know or have occasion to suspect the existence of fraud in connection with any case, they should at once report ail the facts to the Register and Receiver. 11. Officers taking affidavits and testimony should call the attention of parties and wit- nesses to the laws respecting false swearing and the penalties therefor, and inform them of the purpose of the Government to hold all persons to a strict accountability for any state- ments made by them. 12. In no case are papers authorized to be executed in blank. Papers so signed or falsely authenticated will be treated as fraudulent, and the acts of an officer misusing his official sig- nature and seal will not be respected by this office, but the attention of the proper authorities will be called to his misconduct. 13. Officers taking applications, affidavits or final proofs, will not be permitted to act as attorneys in the case. 14. Attorneys at latv appearing in land office proceedings at local offices must file an ap- pearance stating specifically whom they represent. Attorneys in fact must file the written authority of their principals. Approved ; L. Q. C. Lamar, Secretary. For the protection of entry-men, you should see to it that newspaper charges do not ex- ceed the rates established by State or Territorial laws for the publication of legal notices, and report to this office should any infraction of this order occur. Approved : L. Q. C Lamar, Se^srMar. CHAPTER VII. WHERE TO SETTLE. The question "where to settle" is a serious one to the emigrant. The suggestions here offered are not in favor of any particular locality or community. They are such as must pre- sent themselves to every person who will give the subject serious consideration. The wonderful diversity of soil and climate, society and facilities for the several industries presented by the broad expanse of our country, offers to every man a congenial location and a happy home. The advantages of migrating in companies of three to twenty families are many. An agent can be chosen to examine the region in which after full inquiry, correspondence and reading, it is decided to settle. Low rates can be obtained for outfit, traveling and other ex penses, land in large quantities can be bought cheap, while the discomforts of going upon government lands are materially lessened when friends go in colonies. Starting with the assumption that the emigrant is industrious, sober and intelligent, the points to be aimed at are — first and foremost, health and bodily comfort, second, mental and moral growth ; third, financial success in the near future. HEALTH AND BODILY COMFORT. If the health of himself and family is goOd, a climate like the one he is leaving should b« sought by the settler. Run no risk by going upon the lowland when accustomed to the hills , to a humid atmosphere from a dry bracing one, or the reverse. Consult the family physician, and gain all information possible about the mean annual temperature, extremes of heat and cold, the amount of rainfall, chills and fever, etc., in the region decided upon. On the other hand, a change of climate often restores physical vigor. Many a consump- tive from bleak New England has discovered fountains of health in the south and southwest The surroundings, especially the state of society, have much to do with physical comfort In a turbulent, irreligious community, where crime goes unpunished and tlie criminal is some- what of a hero, a peace-loving family will be in a constan: state of worry, that must eventu- ally afi'ect their general health. Let such regions be avoided as a pest-house is shunned. Political troubles prevent immigration, as they aid emigration or an exodus. No community that deprives any honest citizen of his political rights can expect to secure an intelligent class of immigrants, and may expect to lose those who are disfranchised. The enterprising among them will find homes amidst a wiser people, and let the office-holders collect their salaries from waste land if they can. There is no truer axiom than that in any neighborhood each man's gain is everybody's gain and each man's loss is everybody's loss. MENTAL AND MORAL GROWTH. Seek a State or Territory whose officials appreciate churches and schools ; where taxpayers perceive the fact that every dollar spent on education and religion is a saving of two dollars on the jail and penitentiary, where newspapers are numerous and libraries have been started, and literary, temperance and other societies are encouraged by the leading citizens. In sparsely settled regions in the Territories where society is not fully organized, much cannot be expected in the matter of education and religion, but the tone and sentiments of th« people may be taken as a sure index of the future. 8 in J14 THE AMERICAN SETTLER'S GUIDE. FINANCIAL SUCCESS. Tlie settler must determine the kind of business he will pursue, then seek a locality l)est adapted to carrying it on. Farming is the most common and safest occupation in a new country. If he would make a specialty of live stock, fruit culture, wheat raising, or aught else, let the farmer consider all that tends to success. Railroad facilities, river and lake transportation, and nearness to markets, must be looked to ; also the fence and oj;her real estate laws, State and county debts, and the laws relative to municipal indebtedness, rates of taxation, character of officials, etc.; whether the school houses, churches and public buildings are already erected, and society fully organized. Homestead exemptions, cost of living and of building materials, nearness to stores, mills, etc., abundant water supply, Indians, droughts, grasshoppers, potato bugs, and everything else that can affect his success, should receive due attention. Land near a railroad at $5,00 an acre, is cheaper than land at 5i'25 several miles from transportation. Do not buy too much land simply because it is cheap. One hundred and sixty acres are all an ordinary man can attend to properly, and taxes on a large farm balance considerable profit. Other things being equal, choose a settlement near mines and manufactures, or rapid streams likely to be used for manufactures; near the junction of rivers or valleys, where a valley crosses a river or ends at a lake. Such locations always secure good markets for farm produce, and rapidly advance the price of land, becoming centres of business and sites for future cities. The title which a settler acquires to lands in this country is in fe/: simple. It is not a lease for any term of years, but perpetual ownership, whether he buys of the general Government, State, or corporation. The land becomes his property, to hold during life, and transmit to his heirs, or he may sell it at will. There is no landlord, no rent to pay, nor are any church rates exacted. He is himself lord of the manor, and peer of his fellow-citizens of all classes. ADDRESSES. (») For the information of settlers the following addresses are appended : 1. A list of the United States land officials. 2. A list of State land and immigration officers and agents. 3. A list of railroad land commissioners and agents. THE AMERICAN SETTLER'S GUIDE. LIST I. United States Land Officers. GENERAL LAND OFFICE. Commissioner : W. A. J. Sparks. A.'isist. Commissioner : S. M. Siockslager. Chief Clerk: William Walker. U. S. SURVEYORS-GENERAL. Name. Address. John Hise Tuscon, Arizona. Wm. H., Brown San Francisco, Cal. iames A.". Dawson Denver, Col. laris Taylor Huron, Dakota. Wm. D. Bloxhan .Tallahassee, Florida. James C. Staughan Boise City, Idaho. James Lewis New Orleaas, Louisiana. Martin S. Chandler St. Paul, Minnesota, Benj. H. Greene Helena, Montana. J. F. Gardner Plattsmouth, Nebraska, C. C. Powning Reno, Nevada. G. W. Julian Sente Fe, New Mexico. James C. Tolman Portland, Oregon. Richmond S. Dement Salt Lake City, Utah. Wm. McMicken Olympia, Washington. John Charles Thompson. . .C.Heyenne, Wyoming. UNITED STATES LAND OFFICES. ALAB.\MA. Location. Register. Receiver. Huntsville....Wm. C.Wells Wm. H. Tancre. Montgomery. .A. G. Harris W. C. Jordan. ARIZONA. Prescott Thomas Wing Chester Thomas. Tucson B. M. Thomas. ...IX H. Wallace. ARKANSAS. ■ Camden W. K. Ramsey.... John R. Thornton. Dardanelle A. G. Leming Zenas L. Wise. Harrison Henry C. Tipton.. .A. L. King. Little Rock... R. V. Yeakle A. J. Quindley. CALIFORNIA. Bodie Davd Walker .....M. J. Cody. Humboldt C. F. Roberts Solomon Cooper. Los Angeles ..J. D. Bethune J. W. Haverstick. MaFysville....John C. Bradley.. .Thos. J. Sherwood. Sacramento... Ed ward F. Taylor. C. F. Gardner. San Francisco. Wm. R. Wheaton. .John W. Leiah. Shasta... Sylvester Hu!l.....W. H. Bickford. Stockton Geo. A. McKenzie.J. E. Budd. Susan ville....W. P. Hall... F. G. Ward. Visalia J. If. Hyde '...T. H. Bell. COLORADO. Centre City.. .Richard Harvey .. .E. W. Henderson. Del Norie....S. C. Williams Charles A. Coryell. Denver Ixiuis Dougal James I^IcC. Ellis. Durango D. L. Sheets W. S. Hicko.x. GlenwoodSps.J. L. Hodges.... ..J. W. Ross. Gunnison. ...J. J.Thomxs F.J. L-onard. Lake City....D. S. Hoffman. .. ..Ch.xs. D. Peck. Leadville J. R. De Renner...E. L. Salisbury. Pueblo. ...'...Wm. Bayard J. K. Kilbourn. DAKOTA. Aberdeen N. H. Harris B. E. Hutchinson. Bismarck John A. Rea Neil Gilmour, Deaiiwood. .. .James P. Luse JohnJ^nfabre. Devils Lake.. Henry W. Lord. ...A. O. Whipple. Fargo Horace Austin E. C. Geary. Grand Forks. .B. C. Tiffany. , . . .*. W. J. Anderson. Huron J. S. McFariand. . .Ezra W. Wilson. Mitchell Geo. B. Everiit T. F. Singiser. Watertown. ..M. M. Sheafe DownerT. Bramble. Yankton G. A. Wetter J. G. Chandler. FLORIDA. Gainesville L. A. Barnes John F. Rollins. IDAHO. Boise City. . . .H. Pefley H. C. Branstetter. CcEurd' Alene.R. C. McFariand. .J. F. Legale. Hailey H. L. Pound. J. S. Waters. Lewistown P. H. Winston, Jr. .Arthur J. Shaw. O.xiord F. W. Beane John Montgomery. IOWA. Des Moines ... F. G. Clarke M. D. McHenry. KANSAS. Concordia S. H. Dodge Thcs. Wrong. Garden City . .C. F. M. Miles S. 1 hanhauser. Independence. C. M. Ralsten H. W. Ycung. Kirwin ^.John Bissel R. R. Havs. Lamed W. R. Brownlee. ..H. M. Bic'kell. Oberlin A. L. Patchin T. A. Scott. Salina John M. Hodge H. S. Cunningham. Topeka John J. Fisher C. Spaulding. Wa Keeney...B. J. F. Hanna....W. H. Pilkenton. Wichita Frank Dale S. L. Gilbert. LOUISIANA. Natchitoches.. W. E. Rusell A. E. Lemee. New Orleans. T. J. Butler J. Ma&sie Martin. MICHIGAN. Detroit Wm. Foxen L. G. Wilcox. East Saginaw. Chas. Doughty.... Geo. B.Brooks. Marquette V. B. Cochran M. H. Mavnard. Reed City. ...Nathaniel Clark... .W. H. C. MitchelL MINNESOTA. Benson Darwin S. Hall....Heman W. Stone. Crookston. ...Wm. Smith Lars K. Aaker. Duluth Ralph N. Marble. .E. G. Swanstrom. Fergus Falls.. L. L. Anne T. F. Coning. Redwood Falls Wm. P. ChristensenAndrew Railson. St. Cloud D. H. Freeman.... C. F. McDon.ild. Taylor's Falls. L. K. Stannard.... Peter H. Stolbere. Tracy G. W. Warner P. K. Wiser. Worthington. .Mons Grinager August Peterson. MISSISSIPPI. Jackson J. D. Stewart W. McLaurin. MISSOURI. Boonville Gustave Reiche John J. Hoge. Ironton James H. Chase W. R. Edgar. Springfield Geo. A. C. WooUey .James Dumars. MONTANA. Bozeman O. P. Chi5holm....John T. Carlin, Helena S. W. Langhome..H. S. Howell. Miles City. . . .Washington Berry.. A. Hall. NEBRASKA. Beatrice Hugh J. Dobbs Joseph Hill. Bloomington..S. W. Switzer T. W. Tipton. Grand Island. .J. G. Higgins Wm. Anyan. Lincoln Chas. W. Pierce. ..H. D. Root. McCook Gilbert L. Laws Chas. F. Babcock, Neligh Edwards. Butler.. W. B. Lambert. Niobrara Minor W. Bruce Sanford Parker. North Platte.. William Neviiie Oliver Shannon. Valentine S. F. Burtch Samuel'G. Glover NEVADA. Carson City... Chas. A. Witherall. S. C. Wright Eureka F. H. Hinckley... .Wm. O. MiUs. NEW MEXICO. Las Cruces E.G. Shields Tames Brown. Saute Fe Chas. F. Easley. . . .Lei^h O. Knapp. OREGON. Lake View... .Warren Truitt W. M. Townsend. La Grande Henry Rinehart John T. Outhouse. Oregon City..L. T. Barin J. G. Piisbury. Roseburg W. F. Benjamin A. C. Jones. The Dalles... F. A. McDonald... CalebN.Thornburg. UTAH. Salt Lake City. David Webb H. C.Wallace. WASHINGTON. Olympia John F. Gowey. . . .James R. Hayden. Spokane Falls.) . M. Adams John L. Wilson. Vancouver. .. . nV. S. Austin J. O. Keane. Walla Walla. .C. H. Warner James Braden. NorthYakima. James H. Tnomas..L. S. Howlctt. WISCONSIN. Bayfield A. K. Osborn Lloyd T. Boyd. Elau Claire. ...Emmett Horan S. S. Kepler. Falls St. CroixMichael Field A. A. Heald# La Cross John B. Webb O. C. Hals. Menasha Geo. W. Fay Jas. H. Jones. Wausau S. E. Thayer E. B. Saunders. WYOMING. Cheyenne Edgar S. Wilson. ..Wm. M. Garrard. Evanston C. H. Priest Wm. T. Shaffer. Ii6 THE AMERICAN SETTLER'S GUIDE. LIST II. State Land Officers and Immigration Agents. ALABAMA. J. J. Alston, Immigration Commissioner, Tuscaloosa, Ala. Charles Smallwood and Otto Cullman, Assistant Com- missioners Cullman, Ala. ARIZONA. Patrick Hamilton, Territorial Immigration Agent, Prescott, Arizona. ARKANSAS. W. A. Webber, President State Immigration Society, Little Rock, Ark. W. J. Murphy, Secretary ditto. D. W. ' Ark. Lear, Commissioner State Lands, Little Rock, CALIFORNIA. J. W. Shanklin, State Surveyor-General and Register of State Land Office, Sacramento, California. J. H. C. Bonte, Secretary Board of Regents, Berkeley, Alameda County, Cal. J. Ham Harris, Land Agent of University, San Fran- cisco, P. O. box 2040. Immigration Association of California, A. R. Briggs, President, J, A. Johnson, Secretary, C. H. Street, Land Officer, Sacramento, Cal. FLORIDA. C. L. Mitchell, Commissioner of Lands and Immigra- tion,Tallahassee, Florida. County Immigration Agents. Alachua county— B. W. Powell, Micanopy. Brevard county— H. S. Williams, Rock Ledge. ♦Columbia county — Wm. M. Ives, Lake City, Dade County — J. W. Ewan, Miami. Franklin county— O. H. Kelley, Rio Carrabelle. Hernando county — Fred. L. Robinson, Brooksville, Hillsboro county— W. C. Brown, Tampa. •Leon county | Col. John Bradford, | Tallahassee. Levy county — W. H. Sebring, Bronson. Manatee county — John G. Webb, Sarasota. Monroe county— CuUen B. Seals, Fort Myers. *Orange county — R. G. Robinson, Zellwood. Polk county — Col. John Snoddy, Bartow. Putnam county — C. V. Hutchins, Lake Como. Sumpter county — A. P. Roberts, Leesburg. „ , . , f F. C. Austin, Enterprise. Volusiacounty I jyi g Roife/New Smyrna. Those marked * have pamphlets for free distribution on receipt of three-cent stamp. KANSAS. E. P. McCabe, Register of State Lands, Topcka. Kan. J. A. Haughawout, Agent University Lands, Neosho Falls, Kansas. Van R. Holmes, Agent State Normal School Lands, Emporium, Kansas. John B. Gifford, Agent Agricultural College Lands, Manhattan, Kansas. Joshua Wheeler, President, and Wm. Sims, Secretary, State Board of Agriculture. In charge of Immigra- tion, Topeka, Kansas. LOUISIANA. Wm. H. Harris, State Commissioner of Immigration, New Orleans, Louisiana. T. J. Bird, Commissioner of Agriculture, Baton Rouge, Louisiana. « MICHIGAN. Miner S. Newell, Commissioner of State Land Office, Lansing, Mich. MINNESOTA. W. W. Braden, State Land Commissioner, St. Paul, Minn. H. H. Young, Secretary Board of Immigration, St. Paul, Minn. W. P. Jewett, State Land Agent, St. Paul, Minn. MISSISSIPPI. John M. Sniylie, Commissioner of Swamp Lands, Jackson, Miss. E. G. Wall, Commissioner of Immigration, Jackson, Miss. MISSOURI Robert McCulloch, Register of State Lands, JeflFerson City, Mo. Andrew McKinley, Superintendent State Board of Im- migration, Sixth andJLocust sts., St. Louis, Mo. MONTANA. Yellowstone Land and Colonization Co., Nelson C. Lawrence, Agent, Glendive, Montana. NEBRASKA. J. S. Scott, State Land Commissioner, Lincoln, Ne- braska. Waterloo Immigration and Improvement Association, R. H. Huddleston, President, W. H. Clark, Secre- tary, Waterloo, Nebraska. NEVADA. C. S. Preble, Surveyor-General and Register of Sute Land Office, Carson City, Nevada. M. D. Noteware, Deputy Register, ditto. George T. Gorman, State Land Agent and Attorney, Washington, D. C. NEW MEXICO. TERRITORIAL BUREAU OF IMMIGRATION. Officers. W. G. Ritch, President. Mariano S. Otero, Vice-President. L. Spiegelberg, Treasurer. Jno. H. Thomson, Secretary. Members at Large. Lionel A. Sheldon,Governor, ex-officio, Santa Fe,N.M, Mariano S. Otero, Bernalillo, Wm. G. Ritch, Santa Fe. Trinidad Romero, Las Vegas. Tranquilina Luna, Los Lunas. Lehman'Spiegelberg, Santa Fe. Chas. W. Greene, Sante Fe. Nicolas Pino, Galisteo. G. W. Stoneroad, Cabra Springs. By Counties. Bernalillo county— Wm. C. Hazledine, Albuquerque. Colfax county — Thomas M. Michaels, Springer. Dona Alia county — Albert J. Fountain, MesiUa. Grant county — Martin ^V'. Bremen, "Silver City. Lincoln county — James J. Dolan, Lincoln. Mora county — William Kroenig, Watrous. Rio Arriba county — Samuel Eldodt, San Juan. San Miguel county— G. W. Prichard, Las Vegas. Sante Fe coanty— Thos. F. Conway, Sante Fe. Socorro county— Michael Fischer, Socorro. Taos county— Theodore C. Camp, Fernandez de Tao«. Valencia county— Maunel Rito Otero, Peralta. OREGON. E. P. McComack, Clerk of Board of Commissioners for sale of State Lands, Salem, Oregon. D. B. Rees, Register of State Lands, La Grande, Oregon. Captain John Mullan, State Land Agent and Attorney, Washington, D. C. C. B. Carlisle, Secretary State Board of Immigration, Portland, Oregon. TEXAS. W. C. Walsh, Commissioner of the General Land Of- fice, Austin, Texas. WISCONSIN. C. F. Fricke, Chief Clerk Commissioners of the Public Lands. Madison, Wis. , , , c J. A. Becher, President, and J. St. Koslowsky, Secre- tary, State Board of Immigration, Milwaukee, Wis, WYOMING. None reported THE AMERICAN SETTLER'S GUIDE. 117 LIST III. Railroad Land Commissioners and Agents. ALABAMA. MCBILB AND MONTGOMERY RAILROAD COMPANY. W. J. Van Kirk, Land Commissioner, Pcnsacola, Fla. TRUSTEES. John Swann, Montgomery, Ala. John A. Billups, CarrolUon, Ala. ALABAMA GREAT SOUTHERN RAILROAD COMPANY. Frank Y. Anderson, General Land Agent, Birmingham, Ala. LOCAL LAND AGENTS. S. E. Dobbs, Fort Payne, Ala. W. H. Dobbs, Valley Head, Ala. E, A. Crandall, SpringviUe, Ala. S. S. Lanier, Birmingham, Ala, Tames L. Nail, McCalla. Ala. John Howard, Tuskaloosa, Ala. M. Donoho, Tuskaloosa, Ala. A. S. Hamilton, Cottondale, Ala. LOUISVILLB AND NASHVILLE RAILROAD COMPANY. John G. Cullman, ) Land Commissioners, Cull m an, Otto Cullman, i Ala. _ R. W. A. Wilda, General Land Agent, Bimungham, Ala. , . ^ Wm. Richard, Collecting Agent Land Department, Cullman, Ala. LOCAL LAND AGENTS. W, F. Smith, Birmingham, Ala. G. A. Nelson, Decatur, Ala. W. H. Foshee, Clanton, Ala. John P. Willoughby, Blount Springs, Ala. W. A. Boger, Hartselle, Ala. Louis G. Kirschner, Garden City, Ala. W. J. Van Kirk, Pcnsacola, Fla. ARIZONA. None reported. ARKANSAS. ST. LOUIS, IRON MOUNTAIN AND SOUTHER*! RAILWAY COMPANY. Thomas Essex, Land Commissioner, Little Rock, Ark. LOCAL LAND AGENTS. T. T. Allison, Austin, Ark. P. L. Barker, Judsonia, Ark. R. L. Powers, Prescott, Ark. C. E. Bramble, Texarkana, Ark. J. P. Mellard, Hot Springs, .\rk. W. N. Slack. Alexander, Ark. E. N. RoyaU, BoydsviUe, Ark. A, M. Crow, Arkadelphia, Ark. S. P. HoUoway, Powhatan, Ark. T. T. Henderson, Newport, Ark. Wm. Kilpatrick, Malvern, Ark. Richard Jackson, Gainesville, Ark. LITTLE ROCK AND FORT SMITH RAILWAY COMPANY. T. M. Gibson, Land Commissioner, Little Rock, Ark. Agents not reported. CALIFORNIA. CENTRAL PACIFIC RAILROAD COMPANY. William H. Mills, Land Commissioner. C. I. Torbet, Deputy Land Commissioner, Fourth and lownsend Sts., San Francisco. Has no Land Agents. SOUTHERN PACIFIC RAILROAD COMPANY. Jerome Madden, Land Agent, Fourth and Townsend Sts., San Francisco. Has no Local Agents. COLORADO. None reported. DAKOTA. ST. PAUL, MINNEAPOLIS AND MANITOBA RAILWAY COMPANY. James B. Power, Land Commissioner, St. Paul, Minn. NOKTHERN PACIFIC RAILROAD COMPANY. Chas. B.Lambom, Land Commissioner, St. Paul, Minn. Has no Local Agents. CHICAGO AND NORTH\\-ESTBRN RAILROAD COMPANY. Chas. E. Simmons, Land Commissioner, Chicago, IlL H. M. Burchard, General Agent, Marshall, Minn. FLORIDA. None reported. IDAHO. NORTHERN PACIFIC RAILROAD COMPANY Chas. B. Lamborn, St. Paul, Minn. ILLINOIS. ILLINOIS CENTRAL RAILROAD COMPANY P. Daggy, Land Commissioner, Room 36, No. 78 Michigan Avenue, Chicago, Ills. Has no Local Agents. IOWA. SIOUX CITY AND PACIFIC RAILROAD COMPANY. C. M. Lawler, Superintendent, Missouri Valley, Iowa. LOCAL LAND AGENTS. J. D. Brown, Missouri Valley, Iowa. S. P. Demmon, Whiting, Iowa. J. G. Gilchrist, Modale. Iowa. D. W. Gahagan, Mondamin, Iowa, E. W, Ross, River Sioux, Iowa. D. C. Davis, Blencoe, Iowa. J. W. Coria, Onawa, Iowa. A. P. Snyder, Sloan, Iowa. M. C. Brown, Salix, Iowa. J. L. Righter, Sergeant's Bluff, Iowa. J. W. Rudy, Sioux City, Iowa. CHICAGO, ROCK ISLAJiD It PACIFIC RAILROAD COMPANY. J. L. Drew, Land Commissioner, Davenport, Iowa. CHICAGO, BtmUNGTON, fc QUINCY RAILROAD COMPANY. W.W. Baldwin, Land Commissioner, Burlington, Iowa. IOWA RAILROAD LAND COMPANY. H. V. Ferguson, Land Commissioner, Cedar Rapids, Iowa. KANSAS. mnov PACIFIC railway compaky (Kansas Division.) B. McAllaster, Land Commissioner, Kansas City, Mo. LOCAL LAND AGENTS. L. R. Elliott, Manhattan, Kansas, A. E. Agrelius, Lindsborg, Kan. J. A. Foster, Marquette, Kan. . W. T. Nicholas, Lyons, Kan. J. A. Wiggin, Ellsworth, Kan. J. M. Fultz, Little River, Kan. J. T. McKittrick, Wilson, Kan. J. B. Corbett, Bunker Hill, Kan. H. A. Ellis, Russell, Kan.- J. D. Ronstadt, EUinwood, Kan. C. M. Smith, Great Bend, Kan. B. Brungart, Victoria, Kan. Dan'l Griest, Ellis, Kan. Bael& Dryer, Grainfield, Kan. Jehu Stanley, Topsey, Kan. M. Macomber, Dry Creek, Kan. N. F. Greene, Junction City, Kan. A. M. Claflin, Salina, Kan. D. G. Denton, Brookvilie, Kan. S. McGee, Delhi, Kan. Farm & Investment Co., Russell, Kan. L. Judd, Hayes City, Kan. J. A. Nelson, Wakeeney, Kan. Charles Peterson, CoUyer, Kan. H. S. Day, Parkerville, Kan. W. L. Fuller, Walker, Kan. C. R. Scranton, La Crosse, Kan. ATCHISON, TOPBKA AND SANTE FB RAILROAD COMPANY. A. S. Johnson, Land Commissioner, Topeka, Kan. » Circulars were sent to all land grant railroad companies, with the request to send the names and addresses of their land commissioners and agents. Any desired changes or additions to this list will be gladlv made tof future editions. [iS THE AMERICAN SETTLER'S GUIDE. LOCAL LAND AGENTS. Brown & Bigger, Hutchinson, Kan. D. S. Dill, Nickcrson, Kan. J. H. Ricksccker, Sterling, Kan. J. Masemore, Rayinoiui, Kan. F. A. Steckel, KHinwood, Kan. D. N. Heizer, Great l>end, Kan. Frank B. Smith, Rush Centre, Kan. John Lindas, I'awnee Rock, Kant vVadsworth & Edwards, Uirned, Kan. D. B. Wolcott, Garfield, Kan. E. P. Ott, Kinslev, Kan. E. P. Ott, OfTerle, Kan. Gilbert l^ros., Spearcville, Kan. Gilbert Bros., Dodge Citjr, Kan'. J. Q. Shoiip, Cimarron, Kan. J. R. Holmes & Co., Garden Citv, Kan. S. S. Ott, Field Agent, Topcka, Kan. KANSAS CITY, LAWUENCE AND SOUTHERN KANSAS RAILWAY COMPANY. A. S. Johnson, Land Commissioner, Topeka, Kan. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY. A. M. Sommcrs, Land Commissioner, Emporia, Kan. LOCAL LAND AGENTS. C. H. Pratt, Humboldt, Kan. W. J. Haughawout, Neosho Falls, Kan. Geo. A. Bowlus, lola, Kan. C. P. Walker. Colony, Kan. E. S. Hunt, Garnett, Kan. Geo. W. Her, Garnett, Kan. Lane & Kent, Burlington, Kan. Smythe & FocTcele, Leroy. Kan. Holmes fc Ilolden, Emporia. Kan. R. li. Shepherd, Nhadison, Kan. T. W. McWilliams, Cottonwood Falls, Kan. vV. M. Tomlinson, Elmdale, Kan. A. B. S.alisbury, Marion Center, Kan. ^V. J. Cameron, Eldorado, Kan. Ritchie & Piovine, Council Grove, Kan, H. S. Day, Parkerville, Kan. R. D. Adams, Camden, Kan. W. R. Bigham, White City, Kan. N. F. Greene, Junction City, Kan. A. C. Pierce, Junction City. Kan. L. R. Elliott, Manh.ittan, Kan. S. H. Fairfield, Alma, Kan. Pierce & Mahan, Alma. Kan. Henry Rickcl, Eskridge, Kan. E. H. Sanford, Eskridge, K.an. Allen Wilson, Clay Center, Kan. F. W. Sturges, Concordia, Kan. T. C. Henry, Abilene, Kan. E. Ruiledgc, Vates Centre, Kan. Stinebaugh &. liarnett, Ottawa, Kan. Watson & 'Ihrapp, Topcka, Kan. G. E. Wiihington, .Mien, Kan. L. J. Hawkins, Chanuie, Kan. G. W. Hutchinson, Kansas City, Mo. Joseph H. Green, Sedalia, Mo. Isaac Newkirk, Kansas City, Mo. S. M. Kno.v, Princeton, 111. J. P. Scott, Polo, III. 1. F. Walden, La Prairie, 111. W. L. Heath & Co., Newton, lU. W. Scott Agney, Freeport, 111. ■ D. C. Veirs, Urbana, 111. T. M. Walker, Bloomiugton, 111. Charles Snoad, 52 Clark St., Chicago, 111. Douville 8: Giesman, Manistee, Mich. J. T. Small, Lewiston, Maine. E. G. Darnall, Lebanon, Ind. Fletcher White, Springfield, Ohio. S. G. Hatfield, Tiuikhannock, Pa. J. H. Ryan, Peru, Ind. E. A. Wood, Sabula, Iowa. LOUISIANA. MICHIGAN. None reported. None reported. MINNESOTA. NORTHEKN r.\f:iFIC RAILROAD COMPANnr, Chas. B. Lamborn.Land Commissioner, St. Paul, Minn. Has no Local A^t-iiz^. None reported. MISSISSIPPL MISSOURI. ST. LOUIS, IRON MOUNTAIN AND SOUTHERN RAILIRAV COMPANY. F. E. Roesler, Land and Immigration Agent. LOCAL LAND AGENTS. J. M. Cooper, Morel y, Mo. M. H. A. Atkins, Poplar Bluff, Mo. HANNIBAL AND ST. JOSEPH RAILWAY COMPANT. Geo. N. Mills, Land Commissioner, Hannibal, M». LOCAL LAND AGENTS. H. H. Winchell, Palmyra, Mo. W. F. Blackburn, Hunnewell, Mo. J. Wm. Towson. Shelbina, Mo. A. J. Higbee, Clarence, Mo. W. G. Walker, Macon. Mo. Jno. O. Jones, New Cambria, Mo. Geo. W. Martin, Brook field. Mo. H. Black, Meadville, Mo. Chas. H. Mansur, Chillicothc, Mo. Jno. ']". Bottom, Breckenridge, Mo. Cro.sby Johnson, Hamilton, Mo. Thos.E. Turney, Cameron, Mo. T. O. Daniels, Laihrop, Mo. Robert W. Nicholson, Osborn, Mo. O. G. McDonald, Stewartsville, Mo. L. D. Pollock, Turney, Mo. GENERAL TRAVELING AGENT. Geo. N. Mills, Hannibal, Mo. MONTANA. NORTHERN PACIFIC RAILROAD COMPANt. (Montana Division.) M. E. Stone, Land Commissioner, Helena, Moutaaa. NEBR.\SKA. UNION PACIFIC RAILROAD COMPANT. Leavitt Burnham, Land Commissioner, Omaha, N Speice & North, Columbus, Neb. Henry Beardsley, Clark's, Neb. N. R. Persinger, Central City, Neb. Thummel & Pl.att, Grand Island. Neb. Geo. D. Hetzel, Grand I>land, Neb. J. H. Roe, Kearnev Junction, Neb. J. H. MacColl, Plumb Creek, Neb. A. B. Fuller, Ashland, Neb. J. B. Davis, Wahoo. Neb. Wm. M. Bunting, David City, Neb. J. H. Mickey, Osceola, Neb. F. K. Atkins, York, Neb. W. H. Streeter, .Aurora, Neb. A. H. Cramer, Hastings, Neb. Paul Bros., St. Paul, Neb. L. Hallgren, Phelps Centre, Neb. SIOUX CITY AND PACIFIC RAILROAD COMPAKT. C. M. Lawlcr, Superintendent, Missouri Valley, low* LOCAL LAND AGENTS. Geo. Foster, Blair. Neb. H. D. Dodendorf, Bell Creek, Neb. H. Bowerman, Kennard, Neb. F. A. Harmon, Fremont, Neb. FREMONT, ELKHORN * MISSOURI VALLEY RAILROA* COMPANY. C. M. Lawler, General Superintendent, Missottri Vi^ ley, Iowa. F. A. Harmon, Fremont, Neb. T. L. Kennedy, Nickerson, Neb. John McKeage, Hooper, Neb. T. F. Brower, Scribner. Neb. H. L. Cornwell.Crowell, Neb. W. H. Broach, West Point, Neb. L. B. Coman, Wisa r. N-h. THE AMERICAN SETTLER'S GUIDE. 119 H. A. Phelps, Pilger. Neb. C. E. Wilbur, Stanton, Neb. S. L. Kinnan, Norfolk Junction, Neb. J. L. Avery. liaitle Creek, Neb. W. G. Bentlev, Burnett, Neb. C. Vj. Joy, Oa'kdale, Neb. G. W. Uhr, Neleigh, Neb. F. R. Haldcmat), Clearwater, Neb. Finley Lyon, Ewing, Neb. J. H. Mecklinc:, Innian, Neb. C. W. Cook, O'Neill, Neb. L. C. Sweet, Atkinson, Neb. E. Yule. Stu.irc, Neb. E. A. Nash, Da.s.sett, Neb. J. P. Uarnh.-tn, I-ong Pine, Neb. O. B. Rippcy, Ain.svvorth, Neb. D. S. H.irt, Johnstown. Neb. Frank Balliiiger, Thacher. Neb. R. L. A Iberison, Valentine, Neb. S. L. Kinnan, Norfolk Junction, Neb. S. L. Kinnan, Norfolk, Neb. L. 1'. Lewis, Pierce, Neb. E. N. Simons, Plainview, Neb. R. M. Peyton, Creighton, Neb. DURLINT.TON k MISSOUKI KIVER RAILROAD COMPAN-Y. J. D. McFarland, Land Commissioner, Lincoln, Neb. NEVADA. Noiis Reported. NE\V MEXICO. None reported. OREGON. NORTHERN PACIFIC RAILWAY COMPANY. Chas. B. Lamborn, Land Commissioner ,'St. Paul, Minn. Has no Local Agents. TEXAS. None reported. WASHINGTON. NORTHERN PACIFIC RAILROAD COMPANY. Chas. B. Lamborn, Land Commissioner, St. Paul Minn. Has no Local Agents. WISCONSIN. CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY. H. G. Haugan, Land Commissioner, Milwaukee, Wis. Has no Local Agents. CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAIL- WAV COMPANY. Wm. H. Phipps, Land Commissioner, Hudson, Wis. WISCONSIN CENTRAL RAILWAY COMPANY. Charles L. Colby, Land Commissioner, Milwaukee. Wis. LOCAL LAND AGENTS. W. H. Bartell, Colby, Wis. E. L. Swarthout, Dorchester, Wis. A. J. Perkins, Medford, Wis. G. Karpe, Butternut, Wis. Brucker, LudloflTS: Co., Phillips, WTs. A. D. Lunt, Phillips, Wis. D- G. Sampson, Ashland, Wis. None reported. None reported. WYOMING. UTA>i. IMPORTANT SUGGESTION TO SETTLERS. In view of the numerous changes in the land service, it is more than probable that the newly appointed officials, while actuated by the best of motives, will make some erroneous rulings. The land system is so complicated that even experienced officials make mistakes occasionally. One of these erroneous rulings may deprive a settler of land that will, in a few years, be worth thousands of dollars. Hence the importance of submitting the question in- volved to some disinterested land law specialist. In writing, state all the facts, especially give dates, and an opinion will be promptly returned. Enclose a small fee in all letters of inquiry. Address, HENRY N. COPP, Washington. D. C. Scrip tliat ^vill Xake UnofiTered Sunreyed I^and. SOLDIERS' ADDITIONAL HOMESTEAD CERTIFICATES. These Certificates were given to Soldiers, Sailors, their widows and minor children who had made homestead entries prior to June 22, 1874, of less than 160 acres. In such cases, on proper applications in due time, certificates were issued for the difference in area between the original homesteads and 160 acres. Thus a soldier homesteaded 135 acres in 187 1. A certificate would be issued by the Commissioner of the General Land Office for 25 acres (160-135) ^^ ^^^ case. Certifi- cates for 2 and 3 acres and upwards are to be had, but the majority were issued for 40, 80 and 120 acres. The selling price is now about $13.00 an acre for 80 and 120 acre pieces, and $16.00 an acre for 40 acre pieces. This kind of Scrip is used by means of two powers of attorney, one to enter the land under the Soldiers' Homestead Law at some local land office, and the other to sell the land after it has been entered. This Scrip will take any surveyed unofifered single and double minimum public land which is subject to homestead entry. Any Certificate between 20 and 40 acres will take 40 acres by paying for the difference in cash ; the same is true of Certificates between 60 and 80 acres, 100 and 120 acres. Certificates for less than 20 acres will take any fractional lot not to exceed double the area named in the Certificate. DODGE SCRIP.— This Scrip is issued under the Act of Congress of June 15, 1880, for the relief of the heirs of Israel Dodge. It is in 40 acre pieces and is assignable. No power is used. Patent issues in the name of the assignee. This Scrip cannot take double minimum land. It takes other surveyed unofifered land that is subject to pre-emption or homestead entry. The market price is about $15.00 an acre at present. PORTERFIELD SCRIP.— This Scrip is issued in 40 acre pieces under the Act of Congress of April ii, i860, for the relief of the legal representatives of Robert Porterfield. It is located upon surveyed, unofifered, minimum land. Its peculiar featured are that accord- ing to decisions of the land department it can take land within the limits of an incorporated town or city, and also improved land not otherwise legally appropriated ; consequently the price is very high, about $100 an acre. It is assignable, and patent issues in name of the assignee. PRIVATE ACT SCRIPS.— There are several Scrips on the market under private Acts of Congress, varying in quantity from 40 to 640 acres, that sell for about the same prices as Soldiers' Additionals. Scrip tliat will Xake UiisurTCjed I^and. VALENTINE SCRIP.— This Scrip was issued under the Act of Congress of April 5, 1872, and the Decrees of Court thereunder, to Thomas B. Valentine. It takes unoccupied, unappropriated, surveyed or unsurveyed, offered or unoffered public land open for settlement. It is in 40 acre pieces and assignable. It is now quoted at $40 an acre. SIOUX HALF BREED SCRIP.— This Scrip comes in 40, 80, and 160 acre pieces, and is equal in value to Valentine Scrip, except in the matter of transfer of title. Like Sol- diers' Additionals, two powers of attorney are necessary, and there is required, in addition, satisfactory evidence of improvements on the land, placed there by the Indian or his agent. This Indian Scrip is quoted at $20 to $25 an acre. In locating any of the above S*. no settlement or residence is required, and there is no limit to the quantity one person may use. The right attaches at once on filing the Scrip, and transfers of title for Town Sites or other purposes may be made without delay. Mineral Lands, as such, in the mining regions West of the Mississippi, cannot be entered ■with any of the above Scrip, except in those States where mineral lands may be entered under the laws for the disposal of agricultural lands. Address. . HENRY K. COPP, Washington, D. C. o» 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or oo the date to which renewed. Renewed books are subject to immediate recall. IQJun'SQBB REC'D LD MAY 3 1 1959 4Mar'63PS| .-.r> UO m^ ^^ 1 3 i ( in'63DC f^gc-D Ln f^JAY 3 ig6i t;0c t 'S3pS STACKS §£Pa 196.^ REC'D LD JAN10'64.5PM LD 21A-50m-9,'58 (6889sl0)476B General Library University of California Berkeley YC 2676