Digitized by the Internet Archive in 2007 with funding from Microsoft Corporation http://www.archive.org/details/circularfromlandOOunitrich ciRcvr ^ R THE GENERAL LAND OFFICE, THE MANNER OF PROCEEDING OBTAIN TITLE TO PUBLIC LANDS UXDK '\^X'RE- EMPTIOX, TTOMESTEAD, TIMBER ((1 ^vn OTTTFn LAWS. ik h V ' \ ISSUED SEPTEMBER 1, 1870. C A v. ^i' CIRCULAR THE GENERAL LAND OFFICE, SHOWING THE MANNER OF PROCEEDING TO OBTAIN TITLE TO PUBLIC LANDS UNDER THE PRE- EMPTION, HOMESTEAD, TIMBER CULTURE, AND OTHER LAWS. ISSUED SEPTEMBER 1, 1879. WASHINGTON: GOVERNMENT PRINTING OFFICK. 1879. BMciohLOmor INDEX. General Circular of September 1, 1870. Paob. \jVctiiiil settler has t\ preforence right to entor— as against whom 14 k AdcUtionnl and new homestead entries within railroad limits 16,17 Additional homestead entries for soldiers and sailors 19,20 . Adjoining farm homesteads 15, 1(1 Appeals from decisions of Commissioner. 36,37 \ App»Mils ft-om decisions of registers and receivers 35,36 Hiank forms In cjish entries 70 ^ Hhink forms In desert-land entries 86-©l \ Bmnk forms In homestead entries 75-85 ^ Blank forms In pre-emption entries. 71-74 Blank forms in timber-culture entries 85,86 Bounty land warrants 6,7 Ci\«h entries at ordinary private sale 6 Claims of widows and minor orphan children for homesteads 13, 18 ommlsslons allowed to registers and receivers . 21,22 Commutation of homestead entries 15 Contests of homestead and timber-culture entries 14,25 I. Credit for services during the late war. _ __ _.._ 17, 18 ' Declamtory statements— homestead 18 Declaratory statements— pre-emption 8, 9 Desert-land entries 27-29 Duties of registers and receivers 37,38 Entries In Ohio, Indiana, and Illinois 22,25 Fees for reducing testimony to writing In contested cases. 40 Fees in homestead entries 18, 21, 22 Fees In pre-emptions 39 Final pn>of 11,12,13 y <;ra««hopper extension laws.. _ 9,10 , Heirs of deceased homestead parties _ 13 i Homestead entries 10 4 Indian homesteads 20, 21 r.and-warnuit locations 6,7 Lantl warrants are not issued for services in late war 7 ' Votlcos In contests— how served 14 ily States and Territories containing public lands 5 i" rjury— how punished 57 Pre-emption filings and entries 8,9, 10 Publication of Intention to make llnal proof 10,12,13 * Receiving Illegal fees— ])enalty 88 w Registers liability for giving fiUse Information, &c 41 I Relln<|ulshments of entries. 14, 17 Returns from district land officers 87,88 RevlMul Statutes In reference to homesteads 48 Revls<'«l Statutes in reference to pre-emptions ,>^ ^ 41 Ballne lands .._ j 29,80 Soldiers and sailors' homestetid entries 17,18,19,20 ^ Stone and timber lands 84, ?5 ' 1 mber-oulture entries ^—...^ ... ^. 23U-i7 •wn-slte entries . ^ .^ .^ 80-84 ^ 4. nited SUites land ofllces 9B (3) I CIRCULAR DEPARTMENT OF THE INTERIOR, General Land Office, Washington, D. C, Septembei- 1, 1S79, The following is communicated in reference to the manner of acquiring title to the public lands under different laws of Congress: The public lands referred to are included only ^within the States of Ala- l);una, Arkansas, California, Colorado, Florida, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, Ohio, Oregon, AVisconsin, and the Territories of Arizona, Dakota, Idaho, Montana, New Mexico, Utah, Washington, and Wyoming. These States and Territories, with the exception of Ohio, Indiana, and Illinois arc divided into land districts, in each of which there is a land office estab- lisheCATION. Tile huuls liable to dLs|)osal in tliis manner are those which have been offiired at public sale, which were not tlien sold, and which have not since been reserved or otherwise withdrawn from market. In this cbtss of offi'red and unreserved public lands the following steps may Ik? tiiken to acquire title : (5) 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, form No. 14. 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, in duplicate, giving to the purchaser a duplicate receipt, form No. 15. The register will then issue his certificate of pui'chase, form No. 16. At the close of the month the register and receiver Avill make returns of the sale to the General Land Office, from which, when the proceedings are found regular, a patent or complete title will be issued ; and on surrender of the duplicate receipt such patent will be delivered, at the option of the patentee, either by the Commissioner at Washington or by the register at the district land office. When patents are ready for delivery, they will 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 tlie duplicate shall have been previously filed in this office Avith a request that the patent be deliv- ered as requested by the person sending the same; and in no case will the patent be delivered either from this or the local office except upon receipt of such duplicate, or, in case of its loss from any cause, upon the filing in lieu of the same an affidavit made by the present bona fide owner of the land, accounting for the loss of the same, and also showing owneFship of the tracts or a portion thereof embraced in the patent. In case the duplicate has been duly assigned by the locator, by a valid transfer in accordance Avith the laws governing transfer of realty in the State where the land is situated, such assignment will be recognized by this office and patent issued accordingly, provided the duplicate with the assignment thereon shall be filed in this office prior to the issuing of patent . but in no case will a patent be canceled for the purpose of making a reissue in the name of the assignee, where such assignment is not in possession of the office prior to date of the patent. Transfers of this kind must in all cases comply strictly with the law of the place, and if the assignor be a married man, and the statute requires the wife to join in the deed, it must be complied with, and in case of failure in this or other vital point the patent will follow strictly the recital of the certificate and issue only in name of the original purchaser. 2 LOCATIONS WITH WARRANTS. Application must be made as in cash cases, but must be accompanied by a warrant duly assigned as the consideration for the land; yet where the tract is $2.50 per acre, the party, in addition to the surrendered warranty must pay in cash SI. 25 ]>er acre, as the wan-ant is in satisfaction of only so many acres at §1.25 per acre, or furnisli a warrant of sucli denomination as will, at the legid 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 i>er acre, can be paid for with a warrant calling for 40 acres and the payment of $50 in cash, or hy surrendering an eighty-acre warrant for the same — the 40 acres to l)e in full satisfaction for the said location. Or a tract of 80 acres, mted at §2.50 per acre, can l^e paid for by the surrender of two eighty-acre warrants. If there is a small excess in the area of the tract over the quan- tity called for on the face of the warrant in any case, such excess may be paid for in money. A duplicate 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 the several amounts must he paid at the time of location: 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, $1.00 " " " " 2.00. For a 120-acre warrant, $1.50 " " " " 3.00. For a IGO-acre warrant, $2.00 " " " " 4.00. The above has reference to certain warrants issued under the act of Con- gress of March 3, 1855, and previous acts, giving public land as a bounty for military services rendered prior to the passage of the acts in former wars of the Republic. The lx)unties given by law for militiiry services in tlie late civil war were not given in landj but in money. The only priv- ileiivs granted to soMiers and sailors on account of military services rendered by them during the late civil war, in connection with the public lands, are provided for in sections 2304 to 2309 of the Revised Statutes, (copies attached, No. 1,) allowing homestead entries to be made by them on con- dition of residence on the entered tracts, with cultivation of the soil, for a prescribed period. AORICULTURAL-CX)LLEGE SCRIP. This scrip may 1x3 used — Fine<»(vlinL'' to acquire title with this class of paper is the 8 same as in cash aud warrant cases, the fees to be paid being the same as on warrants. The location of this scrip at private entry is restricted to three sections in each township of land, and one million acres in any one State. Second. In payment of pre-emption claims, in the same manner and* under the same rules and regulations as govern the application to pre-emp- tions of military land warrants ; this, too, without regard to the limitation as to the quantity located in a township or in any State. * Third. In payment for homesteads commuted under section 2301 of the Revised Statutes of the United States, (copy attaclied.) PRE-EMPTIONS ADMISSIBLE TO THE EXTENT OF ONE QUARTER SEC- TION, OR ONE HUNDRED AND SIXTY ACRES. These are admitted under sections 2257 to 2288 of the Revised Statutes of the United States, copies of which sections are hereto attached, upon '^offered" and "unoifered^^ lands, and upon any of the uiisurveyed lands belonging to the United States to which the Indian title is extinguished, although in the case of unsurveyed lands no definite proceedings can be had as to the completion of the title until after the surveys shall have been extended and officially returned to the district land office. 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 intention 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. The right of pre-emption, formerly extended by act of Congress of March 3, 1853, for one quarter section, or 160 acres, at the price of $2.50 per acre, to the alternate United States or reserved sections along the line of railroads, is continued by the Revised Statutes, sections 2257, 2259, and 2279. Section 2281 thereof protects the rights of settlers on sections along the line of railroads where settlements existed prior to withdrawal, and in such cases allows the land to be taken by the pre-emptors at $1.25 per acre, but requires that they shall file the proper notices of their claims and make proof and payment, as in other cases. Where the tract is " offered " land, the party must file with the district land office his declaratory statement as to the fact of his settlement within thirty days from the date of said settlement, form No. 19, and within one year from date of settlement must appear before the register and receiver and make proof 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 scrip, according to law; or private-claim 9 scrip may now be used, under act of Congress of January 28, 1879, (copy atUuhed, No. 10.) Where the tract hits been surveyed and not offereil at public sale, the claimant must file his declaratory statement within three months from date of settlement, form No. 18, and make proof and payment within thirty months after the expiration of the three montli«^ allowwl for filing his , setiler.s are re(|uire. riitiil(ad and pn>emption tettlert on the public lands, and in all cai»»^ where pre-emptions are authorized by law, where crops have been or maj be deatrojed or 8erioiiMly injured bj graashoppem, to leave and Im* abnent from aaid lands, under such rules Hiid ri^iilations, as to proof of the same, as the Commissioner of the General Land Office nhall prt'orribf ; but in no case shall such absence extend bevond one year continuously ; and during Miich niMtence no adverse right* nhall attach to Raid lands, such settlers being allowed to rt«ume and |>erfect their settlement as though no such absence hail occurred. 10 And in its second section it is provided — That the time for making final proof and payment by pve-emptors whose crops shall have been destroyed or injured as aforesaid, may, in the discretion of the Commissioner of the Gen- eral 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 ta .homestead and pre-emption settlers shall apply to and include the settlers under an act enti- tled ''An act to encourage the gi'owth of timber on western prairies" 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 affi- davit of the claimant, giving the particulars of the alleged destruction or serious injury of crops by grasshoppers, and the affidavits of two or more witnesses corroborative thereof, and should be submitted at time of making final proof through the register and receiver of the proper district land office. The particulars given should be such as to admit of a decision whether the absence w^as justified by law or not, and should of course indi- cate at .what time the party left the land and when he resumed his settle- ment. 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 protection 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 sec- tion of said act may apply therefor through the same officers, the application to be supported by the same character of proof. The affidavits required in cases under said act, as before indicated, may be made before any officer using a seal and authorized to administer oaths, or before the register or receiver of the district land office. Before final proof is made on pre-emption claims and entry allowed, it is necessary that public notice be given under the act of Congress of March 3, 1879, as pointed out with regard to homestead claims under the next succeeding title. LAWS EXTEXDIXG THE HOMESTEAD PRIVILEGE. The laws extending the homestead privilege, embraced in sections 2289 to 2312 of the Revised Statutes, (copies attached,) give to every citizen, and to those who have declared their intention to become citizens, the right^ to a homestead on surveyed lands. This right was limited by section 2289 of the Revised Statutes, as the maximum quantity, to 160 acres of the class of ordinary public lands held by law at $1.25 per acre, when disposed of to cash purchasers, or 80 acres of the class of lands embraced in the alternate sec- j tions, along the lines of railroads or other works of internal improvement,, i reserved to the United States in acts of Congress making grants of land in aid of the construction of such works, and the price thereof increased to $2.50 per acre. By act of Congress of March 3, 1879, (copy attached. No. 11,) it was 11 enact«l that from and after its i^assage "the even sections within the limits of any jrrant of public lands to any railroatl company, or to any military road compimy, or to any State in aid of any railroad or militarj' road, shall be oiH'n to settlers under the homestead laws to tlic extent of one hundred and sixty acres to etich settler," thus doing away in this class of entries with the distinction between ordinary miniinnnn and double minimum lands, or lands held at §1.25 per acre and lands held at ?2.50 per acre, which had existed under section 2289 of the Revised Statutes of the United States, so far as the double minimum lands may l)e found in even sections within the limits of land grants for railroads or military roads. These provisions did not extend so as to embrace any double minimum lands in odd numbered sections, or in the limits of grants for any other description of public works. By act of July 1, 1879, (copy attached. No. 12,) the same provisions were extended to the odd sections in the States of MiKsouri and Arkansa*?, where the odd sections were reserved to the United States, the price of the lands therein enhanced, and the even sections granted for the purposes of improvement. Both acts are inoperative in any case where the even sections are granted, the odd being reserved, and not within the States of ^lissouri and Arkansas, as in Alabama and Mississippi. To obtain a homestead the party must, in connection with his applica- tion, form No. 23, make an affidavit, form No. 24, before the register or receiver, that he is over the age of twenty-one, or the head of a family; tliat he is a citizen of the United States, or has declared his intenticm to become such ; and that the entry is made for his exclusive use and benefit, and for actual settlement and cultivation; and must pay the legal fee and that part of the wmmis^ions which is payable when the entry is made, as given in tables on pages 21, 22. Where the applicjmt has made actual settlement on the land he desires t(» enter, but is prevented by reason of IxkHIv infirmity, distancx*, or other g(KKl (luise, from pei-sonal attendance at the district landofficv, tiie affidavit may be made before the clerk of the court for the county within which the land is situateaid,form No. 25, a dupliaiteof which he will deliver to the party. The matter will then be entered on the records of the (li-tri«t offirc and rc|)ortiHl to the Creneral I^md OiKce. An inceptive right is vested in the settler by such priK-ecflings, and U|K)n i.iithful ol)servanee of the law in regard to settlement and cultivation for the continuous term of five years, and at the expiration of that time, or N\ ithin two years thereafter, u|K)n proper proof to the satisfaction of the land officers, forms Nos. 30. 31, and 32, and payment to the receiver of that part of tlie commissions remaining to be paid, as given in tables on 12 pages 21, 22, the receiver issuing his receipt therefor, the register will issue his certificate, forms Nos. 33 and 34, and make proper returns to this office as the basis of a patent or complete title for the homestead. Reference is here made to the provisions of the act of Congress of July 1, 1879, as given above, in regard to cases in which crops may be destroyed or seri- ously injured by grasshoppers, the same being applicable to homestead claims _ in like manner as to pre-emptions. I Note. — The law is specific in requiring final proof to be made within tivo years after the expiration of the five years. Under the act of Congress of March 3, 1879, copy attached, No. 13, 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 residences of the witnesses by whom the necessary facts as to settlement, residence, cultivation, etc., are to be established. (See Form No. 26.) 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. Upon the filing of the notice by the applicant, the register shall publish a notice of such aj^plication once each week for a period of thirty days, in a newspaper which he shall designate, by an order written on said applica- tion, as published nearest the land described in the application, and he shall also post said 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 entry, whether homestead or pre-emption ; a description of the land, and the names and residences of the witnesses as stated in the application. (See Form No. 27.) To save expense, the register may embrace two or more cases in one pub- lication, when it can be done consistently with the legal requirements of publication, in a newspaper published nearest the land, as per attached form No. 28. When proof is filed that notice has been given in the manner and for the time required by said act of Congress, the applicant will be entitled to make final proof as provided by the laws in force at the date of the approval of said act. The proof that requisit-e 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 him in a conspicuous place in his office for a period of thirty days ; and the affidavit of the publisher or fore- man of the newspaper that the notice (a copy of which notice must be I 13 annexed to the affidavit) was published in said ne\v?pai>er once each week for five successive week>. The proof of the publiraiion and |)o.sting of the notice must Ik* filed and prestTveil by the register, to Ix? forwarded to tliis office with the final papers when issued. In making final pnMif, the homestead i)arty may apjiear 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 proceed under the act of March 3, 1877, (copy attached. No. 2.) This prescribes that the jwrty desiring to avail himself thereof must appear with his witnesses before the judge of a court of record of the county and State, or district and Territoiy, in which the land is situated, and there make the final proof required by law, according to the forms prescribed, Nos. 30, 31, and 32; which proof, duly authenticateer court. The fact of the absence of the judge nuist l)e ♦ crtified 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 indi- cateil 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 no objection appears, proc*»ed to issue the receipt and certificate in the case, and make proper returns to this office as the basis of a patent or complete title for the homestead, pursuant to existing laws. If any objection appears, they will promptly notify the party and advise him of his rights in the matter. Where a homestead settler dies before the consummation of his claim, the widow, or in case of her death the heirs, may continue settlement or cultivation, and obtain title uj)on requisite proof at the proper time. If the widow i)roves up, the title passes to her; if she dies Ixifore proving up and the heirs make the j)roof, the title will vest in them. Where both parents die, leaving infant children, the homestead may be sold for cash for the benefit of such children, and the purchaser will receive title from the Unitev till- (>f1*nr. :iiul vests no title or cosed to be ent3red is held at $2.50 per acre, and where 80 acres is still the legal maxi- mum in reference to that chws of lands, under se<'tion 2289 of the Revised Statutes as moecify for what pur|K)se made, and be accompanied by the duplicate receipt Issued for the relincpiished entry, or by a statement under oath showing a good reason for its absence*, report the case in a special letter to this office, and await instructions before proceeding further in the matter. Relinquishments miiy be made in the same manner hereinbefore j^rovided for. Any party claiming the right to make an additional entry or to surrender an old and make a new one, under the provisions before referred to, will be requirtid first to make affidavit 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 liot restricted to eighty acres under the previously existing laws, as indicated below. This affidavit may be made before any officer using a seal and authorized to administer oaths, or before the register or receiver of the district office. Provisions for the benefit of soldiers and sailors of the late war, their widows and minor orphan children, — Sections 2304, 2305, 2306, 2307, 2308, and 2309 of the Revised Statutes, for the benefit of soldiers and ^'lilors, their widows and minor orphan children, provide — 1st. In section 2304, that every soldier and officer in the Army, and every seaman, marine, and officer of the Navy, wiio served for not less than ninety days in the Army or Navy of the United States, "during the re- cent reljn and cultivate the entered tract, but with the proviso that tlie party shall, in every case, reside uiK>n, improve, and cultivate his homestead for a period of at least one year after he shall have commenced his improvements. 18 3d. That any person entitled to the benefits of section 2304 who had, prior to the 22d of June, 1874, made a homestead entry of less than 160 acres, may enter an additional quantity of land sufficient to make, with the previous entry, 160 acres. 4th. That the widow, if unmarried, or in case of her death or marriage, then the minor orphan children, of a person who would be entitled to the benefits of section 2304, may enter land under its provisions, with the additional privilege accorded, that if the person died during his term of enlistment, the widow or minor children shall have the benefit of the whole term of enlistment. 5th. That any person entitled to the benefit of section 2304 may file his claim for a tract of land through an agent, and shall have six months thereafter within which to make his entry and commence his settlement and improvement upon the land. The following is the course of proceedings for parties to avail themselves of the benefits of these sections of the Revised Statutes in making home- stead entries : 1st. On the party producing the proper proof of his right to do so, im- mediate entry of the tract desired may be made ; but if the party so elect, he may file a declaration, form No. 41, to the effect that he claims a specified tract of land as his homestead, and that he takes it for actual settlement and cultivation. The register and receiver will number the declarations so filed in a separate series, according to the order of filing, enter them on their records, and with their monthly returns forward an abstract, to em- brace all declarations of this class filed with them during the month. Thereafter, at any time within six months from the date of filing, the party may come forward, make his entry of the land, forms of application and affidavits, Nos. 42 and 43, and commence his settlement and improve- ment. Should the party present his declaration through an agent as au- thorized by section 2309, said agent must produce a duly executed power of attorney from the principal desiring to make the entry, 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. 2d. 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, which must be transmitted to this office by the registers and receivers with their abstracts of declarations. The law does not require, as a condition to enjoying its benefits, that the party should first file a de- claratory statement, and, as before stated, immediate entry may be made. 19 3(1. WluTi* a party eiititk'd desires to make an additional tntrv of a quantity which, with* his original entry, shall not exeeeil one hundred and sixty acres, it is required that a full recital of military service be presented to this offiw, with due proof of the identity of the party making the claim, and with proper reference to his original homestead entry, giving the name of the district office, date and numlxir of entry, and description of the land. In addition, a detaileil stiitement, under oath, must be filed by tlie party in interest, setting forth the facts resi>ecting his right to make the entry, and containing his declaration that he has not in any manner ex- ercised his right, either by previous entry or application, or by sale, transfer, or ix)wer of attorney, but that the same remains in him unimpaired. He must also declare, under oath, that he has made full compliance with the homi«tead law in the matter of residence upon, cultivation and improve- ment of, his original' homestead entry; and should further recite whether or not he has proved up his claim and received a patent of the land. When these pai>ers are filed and examined, they will, if found satisfac- tory, l)e returiKKl with a certificate attached recognizing the right of the party to make additional entry under the law; and when presented with a proper application at any district land office, either by the party entitled or his agent or attorney, they will be accepted by the register and receiver, and forwarded with the entry papers to this office in the usual manner. The fee for examination and certificate, under the seal of the office, will l>e one dollar, which must in all cases accompany the papers presented ibr approval. Where the j)arty^s first entry has been consummated, the roister and receiver will recpiire him to make application in the form prescribed. No. 44, and to pay the same fee and commissions as in cases of original entry ; the receiver will issue his receipt for the money paid, and these pajxirs will receive the current date and the proper numbers in their homestead seriev. Then, to complete the transaction — it being an object, for the convenience of business, that the additional entry paj>ers, and the final pa|>ers therefor, in such cases, shall he kept separate and distinct — the party will make pay- ment of the asual final commissions on the entered tract, for which the receiver will issue his receipt; tJie register will thereu|)on issue his final certificate for the additional tract, form No. 45, the receipt and certificate to Ixjar their proper numlx^rs in the final homesteatl series, likewise a refer- ence to the original entry and to the final certifitrjite thereon by their num- Ixjr, and also by their district whirc the party's fnst indv <\v,\]] ]«)v Iwon made in a different district. In «Lse the party has not nmde proof on his original huinewtead entry when he applies for additional land, he will be allowe»»"'««»""«• entry is made. 160 HO 40 160 80 40 $2 50 'i 50 2 50 1 «5 1 25 1 85 $8 00 4 00 • 2 00 4 00 2 00 1 00 |8 00 4 00 2 00 4 (N) 2 00 1 00 $10 00 $26 00 5 00 13 00 5 00 9 00 10 00 18 00 5 00 I) 00 5 00 7 00 i 22 In addition to the States and Territories above named, the same rates will 'apply to Ohio, Indiana, and Illinois, if any vacant tracts can be found liable to entry in these three States, where but very few isolated tracts of public land remain undisposed of. In the Pacific and other political divisions, viz: on lands in Cali- fornia, Nevada, Oregon, Colorado, New Mexico, and Washing- ton, and in Arizona, Idaho, Utah, Wyoming, and Montana, the commissions and fees are to be paid according to the following table : Price per acre. Commissions. Fee. Acres. Total of fee and commissions. Payable when Payable wben Payable when entry is made. certificate issues. entry is made. 160 |2 50 $12 00 $12 00 |10 00 $34 00 80 2 50 6 00 6 00 5 00 17 00 40 2 50 3 00 3 00 5 00 11 00 160 1 25 6 00 6 00 10 00 22 00 80 1 25 3 00 3 00 5 00 11 00 40 1 25 1 50 1 50 5 00 8 00 I In reference to disposals of any remnant of public lands in these States, it may be proper here to introduce the following regulations for the admis- sion of entries by the Commissioner of the General Land Office, under act of March 3, 1877, in States where there are no district land offices: The act of Congress of March 3, 1877, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1878, provides: "That public lands situated in States in which there are no land offices may be entered at the General Land Office, subject to the provisions of law touching the entry of public lands; and that the necessary proofs and affidavits required in such cases may be made before some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record; and moneys re- ceived by the Commissioner of the General Land Office for lands entered by cash entry shall be covered into the Treasury.^' | Under these provisions the Commissioner of the General Land Office is I prepared to perform the duties which, by law, were devolved upon the J registers and receivers of the district land offices at Chillicothe, Ohio, j Springfield, Illinois, and Indianapolis, Indiana, prior to the abolition of J those offices by act of Congress of July 31, 1876. I In so doing, he will receive applications accomj)anied by the purchase money, or fees and commissions, as the case may be, from parties desiring to enter any isolated tracts which may remain undisposed of in said States, either from the parties in person or through the mails, and in like manner 23 any proof or payment proiM^r to perfect entries already made, take the proper action thereon, and duly advine tlie parties, in regular course of business. The following methotl will be observed in carrying into effect the pro- visions of tlie act: 1st A clerk has been designated by the Commissioner to receive and act upon the appliciitions which may be offered for such entries, and to have charge of tlie corresix)ndencc connected therewith ; all moneys received to go into tlie charge of the receiving clerk, designated under the act of July 2, 1864, and any moneys found to belong to the United States on the cases hinu^ finally passed upon to be turned over to the Treasury, according to law. 2d. Applications will be immediately entered in a preliminary abstract for each State in the order in which they are received ; will be carefully examined in connection with the plats, files, and records, and admitted or rejected, according to the law and instructions governing the case. From such preliminary abstracts the admitted applications will be carried to a regular monthly abstract, and the proper certificates and receipts will be issued by the Commissioner, acting as ex officio register and receiver. The entries thus admitted will be properly posted in the tract-books, and the papei*s therefor placed on file, for such further action as may be necessary. These entries will be numbered consecutively in continuation of the series entered upon at the respective district offices. The applicants will be promptly advised of the result of the examination, and, where the desired entries are admitted, will be furnished with the appropriate paper, to \)e held as evidence of title until delivery of the patents. 3<1. In case of conflicting applications, that which is first received shall r first acted iij^n, as above directed, and will be considered t\s giving the applicant the legal right to the tract applied for, if unexceptionable in other -{K'CtS. LAWS TO PROMOTE TIMBER CULTURE. The timber-culture act of March 3, 1873, having been amended by the act of March 13, 1874, the latter has been further amended by the act of June 14, 1878, (copy attached. No. 4.) I. — Certain provisions of the act of March 13, 1874j are repealed by the act of June 14, 1878. 1. The act of March 13, 1874, at ihe close of its first section, contains the following: ^^Providedj That not more than one quarter of any section shall be tlius granted, and tliat no person shall make more than one entry umler the provisions of this act, unless fractional sulxlivisions of less than forty acres are entered, which, in the aggregate, sliall not exceed one quar- ter section." In the act of June 14, 1878, the concluding words, '^unlees 24 fractional subdivisions of less than forty acres are entered, which, in the aggregate, shall not exceed one quarter section," are omitted. Hence, the rule forbidding more than one entry is made universal, and will govern in all future cases. 2. The provision of the act of March 13, 1874, requiring that the trees shall be not " more than twelve feet apart each way," is omitted from the act of June 14, 1878. The latter requires, however, that the final proof shall show " that not less than twenty-seven hundred trees were planted on each acre, and that at the time of making such proof there shall be grow- ing at least six hundred and seventy-five living and thrifty trees to each acre." , 3. The closing sentence of the second section of the act of March 13, 1874, provides that "in case of the death of a person who has complied with the provisions of this act for the period of three years, his heirs or legal representatives shall have the option to comply with the provisions of this act, and receive, at the expiration of eight years, a patent for one hun- dred and sixty acres, or receive, without delay, a patent for forty acres, relinquishing all claim to the remainder." This provision is not contained in the act of June 14, 1878. 4. The following section of the act of March 13, 1874, relating to home- stead entries on which timber is cultivated, is omitted from the act of June 14,1878: Sec. 4. That each and every person who, under the provisions of the act entitled ''An Act to secure homesteads to actual settlers on the public domain," approved May 20, 1862, or any amendment thereto, having a homestead on said public domain, who, at any time after the end of the third year of his or her residence thereon, shall, in addition to the settlement and improvements now required by law, have had under cultivation, for two years, one acre of timber, the trees thereon not being more than twelve feet apart each way, and in a good thrifty condition, for each and every sixteen acres of said homestead, shall, upon due proof of such fact by two credible witnesses, receive his or her patent for said homestead. The rights of claimants under entries actually made according to the act of March 13, 1874, before the 14th June, 1878, when the amendatory act took effect, are not affected by the repeal of the provisions referred to. The parties interested, if they so elect, may consummate their entries according to the provisions of the act under which they were initiated. And home- stead entries made before the 14th June, 1878, will be patented according to the fourth section above quoted, where the facts are such as to bring the cases within its provisions and the interested parties so desire. But entries made since that time must be adjusted according to the principles of the law as modified by the amendatory act. II. — The principal points to be observed in proceedings .thereunder may be stated as follows : 1. The privilege of entry under the act of June 14, 1878, is confined to persons who are heads of families, or over twenty-one years of age, and who 25 are citizens of the United Sttites, or have declareil their intention to become such, according to the natumlization laws. 2. The affidavit required for initiating an entrj^ under the act of Juno 14, 1878, may be made before the register or receiver of the district office for the land district embracing the desired tract, before the clerk of some court of record, or before any officHjr authorized to administer oaths in that district. 3. Not more than 160 acres in any one section can be entered under this act, and no jx'rson can make more than one entry thereunder. 4. The ratio of area required to be broken, planted, etc., in all entries under the act of June 14, 1878, is one-sixteenth of the land embraced in the entry, except where the entered tract is less than 40 acres, in which case it is one-sixteenth of that quantity. The party making an entry of a quarter section, or 160 acres, is required to break or plow five acres covere^l 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 the second year, and to plant in timber, seeds, or cuttings, during the third year. The five acres broken or plowed during the second year he is required to cultivate by raising a crop, or otherwise, during the third year, and to plant in timber, seeds, or cut- tings, during the fourth year. The tracts embraced in entries of a less quantity than one quarter section are required to be broken or plowed, cul- tivated, and planted in trees, tree-seeds, or cuttings, during the same iK?riods, and to the Siune extent, in pro|x)rtion to their total areas, as are provided for in entries of a quarter section. Provision is made in the act for an extension of time in ca«*e the trees, seeds, or cuttings planted should be destroyed by grasshoppers or by extreme and unusual drought. 5. If, at the expiration of eight years from the date of entrj^, or at any time within five years thereafter, the person making the entry, or, if he be deatl, his heirs or legal representatives, shall prove, by two credible \\\i- nesses, the planting, cultivating, and protecting of the timber for not less than eight yeai's, a(xx)i'ding to the provisions of the act of June 14, 1878, he, or they, will be entitled to a patent for the land embraced in the entry. 6. If, at any time after one year from the date of entry, and prior to the issue of a patent therefor, the claimant shall fail to comply with any of the requirements of that act, then, and in that event, such entry will become liable to a contest in the manner providetl in homestead cjises, and upon due proof of such failure the entry vf\\\ be canceled, and the land become again subjcf-t to entry under the homestead laws, or by some other person under the act of June 14, 1878. 7. No land acquired under the provisions of the act of June 14, 1878, will in any event become liable to the satisfaction of any debt or debts con- tractctl prior to the issuing of the final ccrtifiwite therefor. 26 8. The fees for entries under the act of June 14, 1878, are $10 if the tract applied for is more than 80 acres; and $5 if it is 80 acres or less; and the commissions of registers and receivers on all entries (irrespective of area) are |4 ($2 to each) at the dg,te of entry, and a like sum at the date of final proof. 9. No distinction is made, as to area or the amount of fee and commis- sions, between minimum and double-minimum lands. A party may enter 160 acres of either on payment of the prescribed fee and commissions. 10. 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 oaths, affirmations, and affidavits required or authorized by the act of June 14, 1878. 1 1 . Parties who have already made entries under the timber-culture acts of March 3, 1873, and March 13, 1874, of which the act of June 14, 1878, is amendatory, may complete the same by compliance with the requirements of the latter act; that is, they may do so by showing, at the time of mak- ing 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 num- ber of acr^s required thereby, being one-fourth the number required by the former 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 1878 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.j 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. III. — The following regulations are prescribed pursuant to the fifth section of the act of June 14, 1878, viz : 1. The register and receiver will not restrict entries under this act to one quarter section only in each section, as was formerly done under the acts to which this is amendatory, but may allow entries to be made of subdivisions of different quarters of the same section ; provided that each entr}^ shall form a compact body, not exceeding 160 acres, and that not more than that quantity shall be entered in any one section. Before allowing any entry applied for, they will, by a careful examination of the plat and tract- books Aidth reference to any previous entry or entries within the limits of the same section, satisfy themselves that the desired entry is admissible under this rule. 2. When they shall have satisfied themselves that the land applied for is properly subject to such entry, they will require the party to make the prescribed affidavit and to pay the fee and that part of the commissions payable at the date of entry, and the receiver will issue his receipt therefor, in duplicate, giving the party a duplicate receipt. They will number the 27 entry in its order, in a seiwmtc scries of numbers, unless tliey have already a series under the acts to which this act is ainendator)', in which case tliey will immbei the entry as one of that series; they will note the entry on their reix^rds and report it in their monthly returns, sending up all the pajwrs therein, with an abstract of the entries allowed during the month 11 nder this act. If the affidavit is made before a justice of the jxace, which the act admits c^f, his official character and the genuineness of his signature must be certifietl under seal. 3. When a contest is instituted, as contemplated in tlie third section of ilie act of June 14, 1878, the contestiint will be allowed to make applica- tion to enter the land. The register will thereupon indorse on the appli- cation the date of its presentation, and will make the application, and the contestant's affidavit setting forth the grounds of contest, the basis for further proceedings, these papers to accompany the rejwrt submitting the case to the General Land Office. Should the contest result in the cancel- lation of the contested entry, the contestant may tlien perfect his own, but in> preference right will be allowed unless application is made by him at (late of instituting contest. 4. The fees and commissions in this class of entries the receiver will •ount for in the usual manner, indicating the same as fees and commis- sions on timber-culture entries, which will be charged against the maxi- mum of §3,000 now allowed by law. 5. In all cases imder this act it will be required that trees shall be cultivated which shall be of the class included in the term *Himber" the cultivation of shrubbery and fruit ti*ccs not being sufficient. 6. The applications, affidavits, and receipts in entries allowed under the art of June 14, 1878, will be made out according to the forms hereto attached, Nos. 48, 49, and 50. The foregoing })ortion of this circular has reference to public lands which are agricultural in character. There are sjHX'ial laws for the disix)8al of '^'•mrt landSy saline landsy town-sites on the public domain^ and lands whi«'h unfit i\iv cultivation and valuable chiefly for timber or stooe. DESERT LANI>S. By desert lands is meant a chtss of lands which will not, without irriga- 11, j)roduce any agricultural crop. Title to such lands in any of the fol- wing States and Territories may be acquired under the act of CoDgreas Ml March 3, 1877, (copy attached. No. 6,) viz: the Stoics of Oaiiforma^ Oregon, and Nevada, and the Territories of Wasliinf/ton, Idaho f Montana, ( lahy Wyoming, Arizona, New Mexico, and Dakota, Any party desiring tn avail himself thereof must file with the register and receiver of the |»roj)er district land ofli(Xi a declaration in form prescribed, No. 61, which must be under oath, and may be ejc<|putcd before either tlie register or 28 receiver, or the clerk of any court of record having a seal. It must set forth that the applicant is a citizen of the United States, or that he has declared his intention to become such, in which case a duly certified copy of his declaration of intention to become a citizen must be presented and filed. It must also be set up that the applicant has made no other declara- tion for desert lands under the provisions of this act, and that he intends to reclaim the tract of land applied for, not exceeding one section, by con- ducting water thereon within three years from the date of his declaration. The declaration must also contain a description of the land applied for, by legal subdivisions if surveyed, or, if unsurveyed, as nearly as possible without a survey by giving, with as much clearness and precision as possi- ble, the locality of the tract with reference to known and conspicuous land-marks 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 credibility 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 sworn to and subscribed by each witness, is attached. No. 52. After this proof has been made to the satisfaction of the district officers, the receiver will receive from the appli- cant the sum of twenty-five cents per acre for the land applied for; the register will receive and file his declaration, and they will jointly issue, in duplicate, a certificate in the form attached. No. 53. One of these dupli- cates will be delivered to the applicant; the other will be retained by the register and receiver with the declaration and proof. They will bear a number according to the order in which the certificate was issued. The register will keep a record of the certificates issued, showing the number, date, amount paid, name of applicant, and description of the land applied for in each case, and, in addition, he will note the same upon his plats and records as in cases of ordinary entry. At the end of each month he will,| with his regular returns, forward to this office an abstract of the declara- tions filed and certificates issued under this act during the month, accom panying same with the declarations and proofs filed and the retained copy of certificate in each case. The receiver will also account for the money received under this act in the usual form. At any time within three years after the date of filing the declaration and the issue of certificate the proper party may make satisfactory proo:^ of having conducted water upon the i 29 land appliwl for. This proof miist consist of the testimony of at least t>vo di.sinterestal and credible witnesses, who must appear in person before the register and receiver. They must declare that they have jKjrsonal knowl- olied for, and of the facts to which they testify; and their testimony must be resit, or any depasit of coal. The witnesses >vill also be examined in regard to the extent of the saline deposits u|K)n the given tnu-ts, and whether the same are claime85, which are not reix'aled by the fonner sections. The inhabitants of tlicsc towns or cities are limited, however, to one or the other of the modes l)n)vidcxl in tliesc statutes, and «mnot commence proceedings under both systems. 32 The provisions of sections 2382, 2383, 2384, and 2385 were originally embodied in the acts of Congress of July 1, 1864, and March 3, 1865; those of sections 2387, 2388, and 2389 in the act of March 2, 1867. Section 2394 is a re-enactment of the act of June 8, 1868. It has refer- ence to cases where the inhabitants of cities or toAvns proceeded to act under the provisions of the acts of July 1, 1864, and March 3, 1865, prior to June 22, 1874, the date of the Revised Statutes, and in which they have partly proved up and paid for the lots claimed by them according to said acts. It provides for extending the privilege of sections 2387, 2388, and 2389, if the town authorities in any such case should elect to proceed under them, to such of the inhabitants as may not have paid for their lots, with- out interfering with the issuing of patents to those who had made or might make entries or elect to proceed under the acts of July 1, 1864, and March 3, 1865, or sections 2382, 2383, 2384, and 2385 of the Revised Statutes. Accordingly, should any case be presented where proceedings had been commenced, as aforesaid, by the inhabitants of any town or city before the date indicated, and a part of them, not having entered and paid for their lots, desire to take advantage of the other system referred to, they would be entitled under section 2394, on application to the register and receiver of the proper district office, through the town authorities, pursuant to the provisions of sections 2387, 2388, and 2389, to enter or file upon such portion of the town site as has not already been entered and paid for, and is not in possession of parties electing to complete their titles under the original proceedings ; after, which, that part of the town site so entered or filed upon will be disposed of under the last-mentioned sections, and the remaining portion, if any, under sections 2382, 2383, 2384, and 2385. Section 2394 has no reference to any case in which proceedings for acquir- ing title to the town site were commenced subsequent to June 22, 1874, the inhabitants in all such cases being restricted to the method of acquiring title according to which they may have commenced to act. Section 2394 further provides that, in addition to the minimum price of the lands included in any town site entered under its provisions and those of sections 2387, 2388, and 2389, there shall be paid by the parties availing themselves thereof all costs of surveying and platting any such town site, and expenses incident thereto, incurred by the United States, before any patent therefor shall issue. Hence, when it is desired to enter a town site found upon the unsurveyed public lands, a written application should be presented to the surveyor general of the proper district for a survey of the same under section 2401 of the Revised Statutes, and the amount estimated by him as sufficient to cover the said cost and expenses deposited with any Assistant United States Treasurer or designated depositary in favor of the United States Treasurer, to be passed to the credit of the fund created by " Individual Depositors for the Survey of the Public Lands,'' the depositor 83 taking a duplicate certificate of deposit, one to be filed with the surveyor general to be sent to the General Land Office, and the other retaineeen established, the docliiratory statements provided for in the foregoing statutes may be liled with the surveyor general of the projKT district. In the act of Congress of March 3, 1877, section 1 restricts the amount of land that can be reserved from pre-emption and homestead entry, by reason of the existence or incor|>onition of a town upon the pul)li(' domain, to 2,560 acres, unless the excess shall "be actually settled ujHjn, iidiabited, improvcnl, and used for business and municipal purjK>scs." Section 2 confirms pre-emption and homestead entries already made within the corporate limits of a town, the entries Ixjing regular in all rcs|)ect8, jtrovidrd it shall l>e satisfactorily shown that the lands so entennl are "not stjttletl upon or used for any mMiii<'ip:il pnr""-'- •«'"• devoted t<» ;'n\ nii1.Hr use of such town." 34 Section 3 provides : That when it shall apj)ear that 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 homestead 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 por- tion set apart as shall appear to be within the meaning of the act. The fourth section, with the proviso to the second section, provides for additional entries by towns, wdiere 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 under section 2389 of the Revised Statutes of the United States, such entries, however, to be within the maximum amount, or 2,560 acres. STOXE AND TIMBER LANDS. The first, second, and third sections of the act of Congress of June 3, 1878, (copy attached, ]S"o. 8,) provide for the sale of surveyed lands in California, Oregon, Nevada, and in Washington Territory not yet pro- claimed and offered at public sale, valuable chiefly for timber and stone, unfit for cultivation, and consequently for disj)Osal under the pre-emption and homestead laws. When a party applies to purchase a tract thereunder, the register and receiver will require him to make affidavit that he is a citizen of the United States by birth or naturalization, or that he has de- clared 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 evidence of the prescribed qualification must be furnished. In connection therewith, he will be required to make the sworn statement in duplicate, according to the attached form. No. 58, as provided for in the second section of the act. One of the duplicate statements filed in each is by the act required to be transmitted to this office, and the registers and receivers will accordingly send up with their monthly returns the duplicate statements to be transmitted for the month. The evidence in regard to the publication of notice required to be fur- nished, in the third section of the act, 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, setting forth the nature of his connection with the paper, and tliat the notice was duly published for the prescribed period. The evidence required in the same section with regard to the non-mineral character of the land, and its unoc- cupied and unimproved condition, must consist of the testimony of at least two disinterested witnesses, to the effect that they know the facts to whicli 35 they testify from personal inspection of the land and of each of its smallest legid subdivisioas, as per form attached, No. 59. 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. Upon such proof being produced, if no adverse claim shall have been filed, the entry a[)plied for may be allowed in pursuance of the provisions of the act. The receiver will iasue his receipt for the purchase money, and the register his certificate of purchase, numbering the entry in the regular cash series. (Forms of application, receipt, and certificate are attached, Nos. 14, lo, and 16.) The register and receiver will enter tlie sale on their books and make the asual returns therefor to this office, noting on the monthly abstracts, opposite the entry, and on the entry i)apers, a reference to the act of Congress under which allowed. They will forward all the papers in the case with their returns to this office, except the retained du})licate statement filed under the second section of the act, to which the register will give the same number with the other papers for the entry, and retain it on the appropriate file with the formal application in his office. The register and receiver will be 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 for testimony reduced by them to writing for claimants, which will be accounted for as other fees. If, at the expiration of the sixty days' notice })rovidcd for in the third section of the act, an advei'se claim should be found to exist calling for an investigation, the register and receiver will allow the parties a hearing ac- cording to the rules of practice. In case of an association of persons making a[) plication for such an entry, each of the persons must prove the requisite qualifications, and their names must apjx?ar in and be subscribed 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 casts of joint cash entry. The forms prescrilxxl for cases of applications by individual persons may Ix; adapted for use in applications of this class. PRESENTATION OF APPEALS. Any person making apj)lication to file ui>osid of the public lands, subject to the direction of the SL'cretary of the Interio:-. (Revised SUitutes, sets. 453 and 2478.) 36 For the purpose of enabling such appeal to be taken and perfected, the register and receiver will indorse upon the written application the date when presented and their reasons for refusing it, promj)tly advising the party in interest of the facts, and note upon their records a memorandum 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 con- cise terms the specific 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 this office will be the judge, and will dismiss from further notice any case wherein the appeal is based upon frivolous grounds, or where the proper formalitias and grounds are want- ing, unless, in the record itself, either of the case 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 this office regarding an appeal, the matter will be reported to the Honorable Secretary of the Interior for his . direction therein . The appeal must in all cases be filed with the district officers, to be for- warded by them with a full report of the case to this 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 correspondence shown by such record relating thereto, so as to direct the attention of the Com- missioner to all the material facts and issues necessary to a proper deter- mination of the questions presented. No appeal from the decision of the register and receiver will be received at the General Land Office unless forwarded through the local officers in the manner herein prescribed. The report should be forwarded at once upon the filing of the appeal, except in contested cases after regular hearing, when, unless all parties request its earlier transmission, it should not be made until the expiration of the thirty days included in the notice, in order that all 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 no papers Avill 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 in interest, under the supervision of those officers. Upon any question relating to the disposal of the public lands, appeal 37 from the decision of the CoramLssioner 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 latter cases constitute matters of exception, which should be noted, and they will be considered by the Secretary on review. The appeid is required to be made in writing, fairly and specifically stating the points of exception to the decision apj^ealed from, and must be filed cither 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 on the points involved in the controversy. At the expiration of the time pre- scribed, the papers and record will be forwarded to the Secretary of the Interior. All arguments shall be filed with the Commissioner within the time specified in the notice, in order that they may be referred to and con- sidered in transmitting the case to the Secretary, if deemed expedient by the Commissioner. Examination of cases on appeal to the Secretary will be facilitated by filing in printed form such argument as it is desired to have considered. Pecisions of the Commissioner not appealed from within the period pre- scribed become final, and the ciise will be regularly closed. (Revised Stat- utes, sec. 2273.) The decision of the Secretary is necessarily final, so far as respects the action of the Executive. REGISTEIIS AND RECEIVERS. It is the duty of the registers and receivers to be in attendance at their offices, and give proper facilities and information to i>ersons applying for lands. -Within three days IVoiii tlu^ close of each nnmth llicy arc riMpiiriil to make out and transmit to the General Land Office a statement of the biLsi- ness of their resj)ective offices for the preceding month. These reports are in the form of abstracts of pre-emption declarations and of soldiers^ declarations filed, abstracts of lands sold, abstracts of home- steads entered, abstracts of timber-culture entries allowed, abstracts of military bounty land warrants and of agricultural-college scrip located, aecomi)anied by the certificates of purchase, receivei-s' receipts, homestead and timlxjr-culture appliciitions and affidavits, military bounty land war- rants and agricultural-college scrip surrendered as satisficKl, and the certifi- cates of location thereof. Names of parties must be clearly and legibly 38 written in these papers to correspond with the signature to every applica- tion ; and when spelled in two or more ways, or illegibly written by the person signing, the register must ascertain by proper inquiry the correct orthography and certify to the same upon the margin of the certificate. The abstracts, after being carefully examined by the register and receiver, are to be certified by them as correct and as in conformity with the papers in the entries or locations embraced therein, and with their records, which papers, abstracts, and records must agree with each other. The receiver is required also to render promptly a monthly account of all moneys received, showing the balance due the Government at the close of each month. At the end of every quarter he must also transmit a quarterly account as receiver; upon the several accounts an adjustment is here made, and sub- mitted to the Treasury Dej)artment for final settlement. He must also render a quarterly disbursing account of all moneys ex- pended. He is required to deposit the moneys received by him at some deposi- tory designated by the Secretary of the Treasury, Avdien the amount on hand shall have reached the sum of one thousand dollars; and in no case is he authorized, Avithout special instructions, to hold a larger amount in his hands. Registers and receivers of the land offices are not authorized by laAv to make any charges for their services in accepting or entering pre-emption or homestead claims, other than such as are herein set forth. By section 2242 of the Revised Statutes it is, among other things, provided that upon satis- factory proof that either of said officers has charged or received fees or other rewards not authorized by law, he shall forthwith be removed from office. To them, their official clerks and employes, and to those intimately and confidentially related to them, or their official clerks and employes, it is for- bidden to make entries of public lands at the district offices with which they are respectively connected. Laws and instructions relating to mining claims form the subject of a separate circular. J. A. WILLIAMSON, Commissioner of the General Land Office. 39 [No. 1.] REVISED STATUTES OF THE UNITED STATES. Title xxxii.— THE PUBLIC LANDS.— Ch. 2. REGISTERS AND RECEIVERS. Section 2234. There shall be appointed by the Prcsl- t,.;!;'r/i"rZrve« '**^*' dent, by and with the advice and consent of the Senate, a ingiar.lwutriS***"***' register of tlic hmd-office and a receiver of public moneys, for each land- district established by law. Sec. 2235. Every register and receiver shall reside at anfrSHrver.**' '***^'' the place where the land-office for which he is appointed i„g7and-dT«!riS"''"'^" is directed by law to be kept. Sec. 2236. Every register and receiver shall, before r^.JJl"'.^''^ '^^'*^'"" *°*^ entering on the duties of his office, give bond in the penal i/elv^^Jf H?^:'>'^V?'"!i sum of ten thousand dollars, with approved security, for J!iS;p.245?' '''^*^'**^' the faithful discharge of his trust. Sec. 2237. Every register and receiver shall be allowed re??;;;j.f'°^"'«''**"'*"'* an annual salary of five hundred dollai^. G,^\f,^KWx%n'M^rt'' 1818, c! 123, V. 3,*'i..*466. ' Sec. 2238. Registers and receivers, in addition to their ofTe^8?er'^amrr?iof!en salaries, shall be allowed each the following fees and com- uy%^'\;'^^'2ildk^ niis.^ions, namely : T' '' ^' "•'*' "'^^ ^'' First, A fee of one dollar for each declaratory statement filal, and for services in acting on pre-emption claims. Second. A commission of one per centum on all moneys ^ ^ ^^jjjj'' ^*'^^» ^' ^^ received at each receiver's office. Third. A commission to be paid by the homestead ap- 21 M»rth, isei.cM, ])lK-ant, at the tmie 01 entry, of one per centum on the isea, c 75. 1.. «. v.i2,|.. cash price, as fixed by law, of the land applied for; and a 2y4,«.r.,v.i6,j..32o. like commission when the claim is finally established, and the certifimtc therefor issued as the basis of a patent. Fourth. The same commission on lands entered under «. J ^f^l'p.aS^ *"•*"• any law to encourage the growth of timber on western prairies, as allowed M'hcii the like (juantity of land is entcre•,• t !••• ixi n n ii i ini land offices. trict, lu additiou to the tees now allowed by law, shall be 1, 3, V. i2,''p. 131. ' ' ' entitled to charge and receive for making transcripts for individuals, or furnishing any other record information respecting public lands or land-titles in his consolidated land-district, such fees as are prop- erly authorized by the tariff existing in the local courts of his district ; and the receiver shall receive his equal share of such fees, and it shall be his duty to aid the register in the preparation of the transcripts, or giving the desired record information. Maximum of compen- Sec. 2240. Thc compeusatiou of registers and receivers, sation for registers and .,,. , ^ -, .. in* receivers. includinp* salarv, lees, and commissions, shall m no case 21 March, 1864, c, 38, ' i . i i i i i n s. 6, V. 13, p. 36. 20Api., cxcccd lu the ao-p^reo-ate three thousand dollars a year, 1818, c. 123, V. 3, p. 466. && » ^ . p ^ ^ 20 May, 1862, c. 75, s. 6, each 1 and no reerister or receiver shall receive lor any one V. 12, p. 393. 30 May, ' ° :; 1862, c. 86 s 6, v.i2,p. quarter or fractional quarter more than a pro-rata allow- 409. IJuly, 1864, c. 196, i 1 -•- Ma;ch,iS2,^c.S,'s.3.'' ^^^c of such maximum. 10, p. 4. 2 July, 1862, c. 1.30, s. 7, v. 12, p. 505. 2 Feb., 1859, c. 19, v. 11, p. 378. IS Feb., 1861, c. 38, ss. 1, 3, v. 12, p. 131.— U. S. vs. Babbit, 1 Bl., 55. 41 Sec. 2241. Whenever the amount of comixjnsation re- k«c«« of comi ceived at any land-office exceeds tlie maximum allowe«. i« f^- I rn 111. iHoi, c. an, ■^l.S.T.ia, into the ireasury, as other pubhc moneys. pia»- Sec. 2242. No register or receiver sliall receive anv iiicg«ifrw: Kwiity. compensation out of the Ireasury lor past services who •.3,v.io.n.4. n juiy, 11 1 • 1 .11 1 /. 1 . /. lH.'»4,C.»f... 0, T.H|.. has cliargeil or receivetl illegal tees; and, on satisiactory ^*- proof tliat either of such officers has charged or received fees or other rewards not autliorizcil by law, he shall l>e forthwith removed from office. Sec. 2243. The compensation of registers and receivers, romiH-rmtion of n-K- -.- - ,.. Ill 11 iit*'™ «« j i 10^5^*' 455 ^' ^' ^^' ^' ^^ widow, or single person, over the age of twenty-one Pet, 407';" LyuTTslVr^ years, aud a citizen of the United States, or having filed a cunnTnghai^^ir«;' Ash- declaration of intention to become such, as- required by the IiTr'di^HeS ?J' As/i- natural izatiou laws, who has made, or hereafter makes, a Gariand''!4.^\"°irn,'^2d Settlement in person on the public lands subject to pre- iTndcVhn'i,^i*'^BLr325';* emptiou, aud Avho inhabits and improves the same, and ca!i, 4^w3i.°2i8.' "'^" who lias crccted or shall erect a dwelling thereon, is author- ized to enter with the register of the land-office for the district in which such land lies, by legal subdivisions, any number of acres not exceeding 160, or a quarter section of land, to include the residence of such claimant, upon paying to the United States the minimum price of such land. to^>rrempt?on/''"'^''^ Sec. 2260. The following classes of persons, unless lo^A p'is!^' *'" ^^' ^' otherwise specially provided for by law, shall not acquire any right of pre-emption under the provisions of the preceding sections, to-wdt : First. Xo person who is the proprietor of 320 acres of land in any State or Territory. Second. No person who quits or abandons his residence on his own land to reside on the public land in the same State or Territory. em^ptTon'rSht. ''^ ^'''" ^EC. 2261. No pcrsou shall be entitled to more than lofv^sIp.'Ss.^'s^Mlr'ch,' o^^6 pre-emptive right by virtue of the provisions of sec- 1843, c. 86, S.4, v. o, p. ^-^^^ 2259; uor where a party has filed his declaration of intention to claim the benefits of such provisions, for one tract of land, shall he file, at any future time, a second declaration for another tract. i8t^wher?fi?Id;pSy.' ^^^' 2262. Beforc any person claiming the benefit of isfv^sfp'ile?' *"■ ^*^' ^' tl^is chapter is allowed to enter lands, he shall make oath before the receiver or register of the land-district in which the land is sit- uated that he has never had the benefit of any right of pre-emption under section 2259 ; that he is not the owner of 320 acres of land in any State or Territory; that he has not settled upon and improved such land to sell the same on speculation, but in good faith to appropriate it to his own exclu- - r*. I'tl; '.ill. 43 sivo use; and that liu has not, directly or indirectly, nuule any agreement or contract, in any way or manner, witli any jK^rson whatever, hy which the title which he might acquire from the Government of the Uniteil States should inure in whole or in part to the Ixinefit of any person cx(X.'pt him- self; and if any porson taking such oath swears i'alsdy in the premises, he shall forfeit the money which he may have paid for such land, and all rij^ht and title to the same; and any grant or conveyance which he nmv iiave made, except in the hands of bona fide purchasers, for a valuable consider- ation, shall be null and void, except as provided in section 2288. And it shall bo the duty of the officer administering such oath to file a certificate thereof in the public land-office of such district, and to transmit a duplicate copy to the General Land-Office, either of which shall be good and suffi- cient evidence that such oath was administeretl according to law. Sec. 2263. Prior to any entries being made under and I'^^^'f "f wuiomrut: bv Virtue oi the provisions oi section 22o9, i)roof of the »'"" "«•"«• settlement and improvement thereby required shall be^-'"''"'' made to the satisfaction of the register and receiver of the J/;',); ; land-district in which such lands lie, agreeably to such rules as may be prescribed by the Secretary of the lute- . rior; and all assignments and transfers of the right hereby n secured, prior to the issuing of the patent, shall be null i; and void. Sec. 2264. Whenanypjrson settles or improves a tract ^ /""'•""•'" of land subject at the time of settlement to private entry, | , and hitends to purchase the same under the preceding pro- isj^^'j visions of this chapter, he shall, within thirty days after the date of such settlement, file with the register of the proper district a written statement, describing the land settled upon, and declaring his intention to claim the same under the pre-emption laws; and he shall, moreover, within twelve months after the date of such settlement, make the proof, afiidavit, and piyment hereinbefore required. If he fails to file such written statement, or to make such affidavit, proof, and i)aymcnt within the scvenil porir<»vtd sli.dl Iw ^nhiitf !•» iIk' entry of any other purchaser. Sec. 2265. Every claimant under the pre-emption law cuim ni«i i.y .mi^r tor land not yet proclaimeil for sale is r(K|Uircd to make « known his claim in writing to the register of the projKir j_,^^^^^^^ - ^. land-office within three montlis from the time of the aet- nw^u^Tt. tlcment, giving the designation of the tract and the time of si'ttlcmcnt; otherwise his claim shall be forfeited and the tract awunlwl to the next I ler, in the order of time, on the same tract of land, who has given uucli notice and otherwise complied with the conditions of the law. r>»4i, «7. 44 mPnToTsSi's onli^n- ^^^' ^^^^^ ^^ regard to settlements wliich are author- ^urveyed lands, when j^^j upoii unsurvejed lands, the pre-emption claimant shall i,f.i2^l:lio^' ''■^^' '■ be in all cases required to file his declaratory statement within three months from the date of the receipt at the district land-office of the approved plat of the township embracing such pre-emption settle- ment. ants S; 'w'o? making ^EC. 2267. All claimauts of pre-emption rights, under ^'w^juiyf i87ot"c.' 272, ^^^ ^^^'^ preceding sections, shall, when no shorter time is MarchT'isTi, \S%, y. prGScribcd bv law, make the proper proof and payment ^^' ^' ^^' for the land claimed within thirty months after the date prescribed therein, respectively, for filing their declaratory notices, has expired. ceSilrct^sfo pylons ^EC. 2268. ^yhere a pre-emptor has taken the initiatory llr^ce^'^ ^"*^ ''^"'^^ Steps required by law in regard to actual settlement, and s. 5S-!^i37p.':i^^' ^' "^' is called away from such settlement by being engaged in the military or naval service of the United States, and by reason of such absence is unable to appear at the district land-office to make before the register or receiver the affidavit, proof, and payment, respec- tively, required by the preceding provisions of this chapter, the time for filing such affidavit and making final j)roof and entry or location shall be extended six months after the expiration of his term of service, upon satisfactory proof by affidavit, or the testimony of witnesses, that such pre-emptor is so in the service, being filed with the register of the land- office for the district in which his settlement is made. mfung^Sml '?ErTo ^EC. 2269. Whcrc a party entitled to claim the benefits '^TMarc'hfi843,c.86,s. ^f the prc-cmptiou laws dies before consummating his 2, T. o, p. 620. claim, by filing in due time all the papers essential to the establishment of the same, it shall be competent for the executor or admin- istrator of the estate , of such party, or one of his heirs, to file the neces- sary papers to complete the same ; but the entry in such cases shall be made in favor of the heirs of the deceased pre-emptor, and a patent thereon shall cause the title to inure to such heirs, as if their names had been specially mentioned. laS?;3"Tvacr^^^^^^^ Sec. 2270. Whenever the vacancy of the office either r?ce^?ernottSct&J^ of rcgistcr or receiver, or of both, renders it impossible 6,v.^5,''p?62a*^'''"^^''" for the claimant to comply with any requisition of the pre-emption laws within the appointed time, such vacancy shall not operate to the detriment of the party claiming, in respect to any matter essential to the establishment of his claim ; but such requisition must be complied with within the same period after the disability is removed as would have been allowed had such disability not existed. Sec. 2271. The provisions of this chapter sliall be so iHiKis^oinui* no "con- en >iistrue(l as not to confer on any one a right of pre-emp- "'Jo'luK^'iHif^los, ' 'Oil, by reason of a settlement made on a tract tlieretofore ^' ^' ^'' '^^*" lisposetl of, when sucli disposal has not been confirmed by the General l/md-Officc, on account of any alleged defect therein. Sec. 2272. Nothing in the provisions of this chapter Purdiaso by private ,,,, ,1, 11 I' 1 entry aft«!r expiration ^sliail be construed to preclude any person, who may nave of pro-omption nght. ,, , 1 . n • • 1 • Pill •* Mar<;Ji, 1843, c. 86, 8. riled a notice ot intention to claim any tract or land by o, v. 5, p. «j2i. 11 >;iii pic-emption, from the right allowed by law 1x) other§ to purchase such act by private entry after the expiration of the right of pre-emption. Sec. 2273. When two or more persons settle on the wi.on more than one le tract of land, the right of pre-emption shall be in to"o«;Ssio7i"''''"*'' 111 111 who made the first settlement, provided such person n^5fp!4^.^'i2jun(s (Oil forms to the other provision of the law; and all ques- p. 32V..'" "' ' ^" ' ^' ' tioiis as to the right of pre-emption arising between diifer- iiow!,°43 ; ^GarianT\». • ^, I n 1 1 , • 1 1 ii 'J 1 • Wynn,20How., G;Lind- ( lit settlei^ shall be determined by the register and receiver seyis. Hawse,2Bi.,o.54; T,. •!• I'liii* • 1 1 Minnesota vk. Batchel- oi the (hstrict within which the land is situated; and der, 1 waii., loo; joim- a|>])eals from the decision of district omcers, in cases of waii., 72. contest for the right of pre-emption, shall be made to the Commissioner of General Land-Office, whose decision shall be final, unless appeal there- I I •ill be taken to the Secretary of the Interior. Sec. 2274. . When settlements have been made upon agri- ^.^^f \™*'8 ""H^Z^^- cultural public lands of the United States prior to the «;^;»>i"«" before sur- .survey thereof, and it has been or shall be ascertained, s/iV^^'r^vS' ^■^"'^' after the public surveys have been extended over such lands, that two or re settlers have improvements upon the same legal subdivision, it shall lawful for such settlers to make joint entry of their lands at the local id-office, or for either of said settlers to enter into contract with his co- ilers to convey to them their portion of said land after a patent is issued 1 him, and, after making such contract, to file a declaratory statement in own name, and prove up and })ay for said land, and proof of joint upation by himself and others, and of such contract with them made, ill be equivalent to proof of sole occupation and pre-emption by the l»licant: Frorided, That in no case shall the amount patented under this lion exceed one hundred and sixty acres, nor shall this section apply to lands not subject to homestead or pre-emption entry. Sec. 2275. Where settlements, with a view to pre- s. tti.n...nt8 i.efon- sur- , 1 1 /• 1 !• 1 1 1 viv on hei-tiitns U) or 30, ciiiption, liave been made l)eiore the surve\^ 01 the hmus «i<«i.i..n.ii« thereof. • , « 11 1. i' n 1 1 1 1 • 20 Fell., 1859, c. 58, V. III the field, which are found to have been made on sections 11, p. 385. -ivteen or thirty-six, those sections shall be subject to the pre-emption claim of such settler; and if they, or either of them, have been or shall be reserved or pledged for the use of schools or colleges in the State or r< rritory in which the lands lie, other lands of like quantity are appro- 46 priatecl in lieu of such as may be patented by pre-emptors ; and other lands^ are also appropriated to compensate deficiencies for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or- both are wanting by reason of the township being fractional, or from any*' natural cause whatever. deltnS o? 3lfi Sec. 2276. The lands appropriated by the preceding '^26^Feb., 1859, c.58,v. scction sliall bc sclccted, within the same land-district, in c. 83,' ?i," v.^4^ p.Tt'o!^^'^' accordance wdth the following principles of adjustment,, to wit: For each township or fractional township containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township containing a greater quantity of land than one- half, and not more than three-quarters, of a township, three-quarters of a section; for a fractional township containing a greater quantity of land than one-quarter, and not more than one-half, of a township, one half- section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter, of a township, one quarter-section of land. jiiiitary bonnty-iand Sec. 2277. All] warrauts for military bounty-lands, warnints receivable for . pitt-io in pre-emption payments, wliich are issucd uudcr any law 01 the United otates, shall 22 March, 1852, c. 19, . , . . . s. 1, V. 10, p. 3. be received in payment of pre-emption rights at the rate of one dollar and twenty-five cents per acre, for the quantity of land therein specified ; but where the land is rated at one dollar and twenty-five cents per acre, and does not exceed the area specified in the warrant, it must be taken in full satisfaction thereof. Agricuitnrai - college Sec. 2278. Agricultural-collcge scrip, issued to any scrip receivable in pay- ^ > i i ment of pre-emptions, fetatc uudcr thc act approvcd Julv sccond, eighteen hun- IJuly, 1870, c.l9G,v. , , , - . ^^ t i n i ni 16, p. 186. dred and sixty-two, or acts amendatory thereoi, shall be received from actual settlers in payment of pre-emption claims in the same manner and to the same extent as authorized in case of military bounty- land warrants, by the preceding section. aio'^ISSiinel.""' ^EC. 2279. No pcrsou shall have the right of pre- v.'iofp!'244.^^'''^' ^■^*^' emption to more than one hundred and sixty acres along the line of railroads within the limits granted by any act of Congress. Pre-emption rights Sec. 2280. Aiw scttlcr ou lauds heretofore reserved on on lands reserved for /» i • i t^ i r-. • i i grants found invalid, accouut 01 claims uudcr t rcuch, bpanish, or other grants, 3 March, 1853, c. 143, , . , , , i i p i i i ? i V. 10, p. 244. which have been or may be hereafter declared by the Supreme Court of the United States to be invalid, shall be entitled to all the rights of pre-emption granted by the preceding provisions of this chapter, after the lands have been released from reservation, in the same manner as if no reservation had existed. Pre-emption rights Sec. 2281. All scttlcrs OU pubHc kuds which have on lands reserved for | , • , i i p i ^ • railroads. becu or may be withdrawn irom market in consequence V. 10, p. 269. 14 July' of ])roposed railroads, and who had settled thereon prior 1870, c. 272, s. 2, V. 10, ^ ,^ . , ^ , , , , , . t i p. 279. to such Withdrawal, shall be entitled to pre-emption at 47 the onliiiarv iiiiiiimum lo the lands settled on and cultivated by them; but they .shall file the proper notices of their claims and make j)roof and pay- ment as in other cases. Sec. 2282. Nothing contained in this chapter shall aoSt'l'Vc':"'^ ""' '"^ ^' delay the sale of any of the public lands beyond the time iifvAp;4!5*.'' ^'^'^' "' unpointed by the proclamation of the President. Sec. 228.3. The Osage Indian trust and diminished- ww/ilow'lobom.i.L -erve lands in the State of Kansas, excepting the six- i, v/it/p'. y. '"' " shall not operate to preclude the right of entry, under the provisions of the preceding section, upon another tract settled upon subsequent to such sale or transfer; but satisfiictory proof of good faith must be furnished U[X)n such subsequent settlement. Sec. 2285. The restrictions of the pre-emption laws, pre-cmption re«tric- contained in sections twenty-two hundred and sixty and tuhl^rn.is'in'Ka^i^J.*''^ , , , , . - -, 1 It :»Iav,ls7i, c. 140,8. twenty-two hundred and sixty-one, shall not apply to any 3,v.n,p.iKt. settler on the Osage Indian trust and diminished- reserve lands in the State of Kansas, who was actually residing on his claim on the ninth day of May, eighteen hundred and seventy-two. Sec. 2286. There shall be granted to the several coun- tZVr'^^IZ'iLu^.' ties or parishes of each State and Territory, where there i.fV'J":^','''^'''^"*'''* are [)ublic lands, at the minimum price for which public lands of the Unitcpropriated for the l)urj)ase of erecting public buildings in the county or parish for which it is locatwl, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or j)arishes, respe(;tively, shall be fixed previously to a sale of the aerson may make the affidavit required by law before tlie officer command- ing in the branch of the service in which the party is engaged, which affi- davit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the reg- ister by the wife or other representative of the party, the same shall become effiictive from the date of such filing, provided the application and affidavit are accompanied by the fee and commissions as required by law. 4 50 ml^'^l^ffidaviTbefo!? ^^^- ^^^^^ ^^ ^^7 ^^^6 111 which tliG applicant for the '^^7i£ch!is(yi, c. 38, benefit of the homestead, and whose family, or some mem- s. 3, V. 13, p. 35. ber thereof, is residing on the land which he desires to enter, and npon which a bona-fide improvement and settlement have been made, is prevented, by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land-office, it may be lawful for him to make the affidavit required by law before the clerk of the court for the county in which the applicant is an actual resident, and to transmit the same, with the fee and commissions, to the register and receiver, tio^nr''^ °^ ^^^"''*" Sec. 2295. The register of the land-office shall note all 3,v°K,'p!m^'^"^^' ^' applications under the provisions of this chapter on the tract-books and plats of his office, and keep a register of all such entries, and make return thereof to the General Land-Office, together with the proof upon which they have been founded. Sec. 2296. No lands acquired under the provisions of to be^libject to prior this chapter shall in any event become liable to the satis- 20 May, 1862, c. 75, s. factiou of any debt contracted prior to the issuing of the patent therefor. When lands entered Sec. 2297. If, at auv time after the filins; of the affi- for homestead revert to . . . Government. davlt, as rcQuired in section 2290, and before the expira- 20 May, 1862, c. 75, s. . ' ^ ^ ' ^ ^ o, V. 12, p. 393. tion of the five years mentioned in section 2291, it is proved, after due notice to the settler, to the satisfaction of the register of the land-office, that the -person having filed such affidavit has actually changed his residence, or abandoned the land for more than six months at any time, then and in that event the land so entered shall revert to the Government. Limitation of amount ^EC. 2298. No pcrsou shall bc permitted to acquire title ^"20 M^u"'T86-?'"r*75'^s ^^ morc than one quarter-section under the provisions of 6.v.i2,'p:393.-' • ' • this chapter. rilftfiioTimifafS."''" ^^^' ^^^^' ^""othiug coutaiucd in this chapter shall be 6, v*!r2,^p."3S^' ^" ^^'^* so construed as to impair or interfere in any manner with existing pre-emption rights; and all persons who may have filed their applications for a pre-emption right prior to the 20th day of May, 1862, shall be entitled to all the privileges of this chapter. wiiat minors may Sec. 2300. No pcrsou wlio has scrvcd, or may hereafter have the privileges of « ' i • ^ j.r. n , i • xi a this chapter. scrvc, lor a period not less than lourteen days m the Army 6, V. 12,' p.' 393. ' ' ' ' or Navy of the United States, either regular or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years. Payments before ex- Sec. 2301. Nothiuff iu tlijfs chaptcr shall bc so con- piration of five years, . , , "lo*Ma^''i86?"*"75 strued as to prevent any person who has availed himself 8, V. 12, p. 393. ' of the benefits of section 2289, from paying the minimum 51 price for the quantity of land so entered, at any time before the expiration of the five years, and obtaining a patent therefor from the Governnicnt, as in other cases directed by law, on making proof of settlement and cultiva- tion as provided by law, granting pre-emption rights. Sec. 2302. No distinction shall be made in the con- no dwinrnon on ac- . • A 1 • 1 couDt of rac4 or color. struction or execution of this chapter on account of race *«"• or color; nor shall any mineral lands be liable to entry •.i.t-Hp.ot. and settlement under its provisions. * Sec. 2303. All the public lands in the States of Ala- 21 Jon«, isgcc mi baraa, ^f ississippi, Louisiana, Arkansas, and Florida shall Ri'ii«^ed. 22 June, 1876, c 165, be disposed of in no other manner than aca)rding to the »i9. p-"^ terms and stipulations contained in the preceding provisions of this chapter. Sec. 2304. Every private soldier and officer who has ,,„^"u^J "** "*"""' served in the Array of the United States during the recent ,, J. nr^iS? *'***' '' rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the Government, including the troops mustered into the service of the United States by virtue of the thirtl section of an act approved February 13, 1862, and every seaman, marine, and officer 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 patents for a quantity of public lands not exceeding 160 acres, or one quarter- section, to be taken in compact form, according to legal subdivisions, in- clirding the alternate reserved sections of public land along the line of any railroad or other public work, not otherwise reserved or appropriated, and licr lands subject to entry under the homestead laws of the United States; but such homestead settler shall be allowed six months after loi^ting bis liomestead, and filing his declaratory statement, within which to make his I try and commence his settlement and improvement. Sec. 2305. The time which the homestead settler has J5*'J^i^£j'X2 served in the Array, Navy, or Marine Corps shall be de- ***J^o^,g,2, not resided upon, improved, and cultivated his homestead for a period I at least one year after he shall have commenced his improvement**. Sec. 2306. Every jxjrson entitled, under the provisions ^•'^^^^^^^ 55 '^ section 2304, to enter a homesti-ad who may have here- mcrm, Hghtoof. fore entered, under the homestead la>vs, a quantity of «,T.n.iN5B3. * Bqmled by act of Jane 32. 1^& 52 land less than 160 acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed 160 acres. Widow and minor Sec. 2307. lu casc of the death of any person who titiSTto honSad! &c' would bc entitled to a homestead under the provisions of 3, V. i7?p. 333.' ^' ' ^' section 2304, 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 contained ; 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. Actual service in the Sec. 2308. Whcrc a party at the date of his entry of a lenTto residtncef&c!^* tract of land uudcr the homestead laws, or subsequently 4, V. 17, p. 333.' ' ' * thereto, was actually enlisted and employed in the Army or Navy of the United States, his services therein shall, in the administra- tion of such homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered. And if his entry has been canceled by reason of his absence from such tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored; but if such tract has been disposed of, the party may enter another tract subject to entry under the homestead laws, and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service. a^nt ""^^ ^°*^'' ^^ Sec. 2309. Every soldier, sailor, marine, officer, or other 5, v.'n^p.Sr'''*^^'^' person coming within the provisions of section 2304, may, as well by an agent as in person, enter upon such homestead by filing a declaratory statement, as in pre-emption cases ; but such claimant in person shall within the time prescribed make his actual entry, commence settle- ments and improvements on the same, and thereafter fulfill all the require- ments of law. Chiefs, &c., of stock- Sec. 2310. Each of the chiefs, warriors, and heads of steaci rights^^r^' ^^^ families of the Stockbridg^e Munsee tribes of Indians re- 3 March, 1865, c, 127, . ,. . , p c»i o /» ttt« s. 4, V. 13, p. 562. Siding in the county oi fehawana, otate oi Wisconsin, may, under the direction of the Secretary of the Interior, enter a homestead and become entitled to all the benefits of this chapter, free from any fee or charge ; and any part of their present reservation, which is abandoned for that purpose, may be sold, under the direction of the Secretary of the Inte- rior, and the proceeds applied for the benefit of such Indians as may settle on homesteads, to aid them in improving the same. Exemptions of home- Sec. 2311. The homestcad secured, by virtue of the stead of Stockbridge t .. in ,i i ' i , , i Munsees. precedinp; section, shall not be subiect to any tax, levy, or 3 March, 1865, c. 127, ^, , n • , n i -, . s. 4, V. 13, p. 562. sale; nor shall it be sold, conveyed, mortgaged, or m any 53 manner incumberal, except upon the decree of the district court of the United States, as provided in the following section ; Sec. 2312. Whenever any of the chiefs, warriors, or iJSSirSSJlJ"*^ liciuls of families of the tribes mentioned in section twenty- ^.1^^^!^^''^^^' three hundred and ten, having filed with the clerk of the district court of *Sivj United States a declaration of his intention to become a citizen of tlie United States, and to dissolve all relations with any Indian tribe, two years previous thereto, appears in such court, and proves to the satbfaction thereof, by the testimony of two citizens, that for five years last past he has adopted the habits of civilized life; that he has maintained himself and ■;imily by his own industry; that he reads and speaks the English lan- guage; that he is well disposed to become a peacetible and orderly citizen; and that he has sufficient capacity to manage his own affiiirs; the court may liter a decree admitting him to all the rights of a citizen of the Unitwl otates, and thenceforth he shall be no longer held or treated as a member of any Indian tribe, but shall be entitled to all the rights and privileges, and be subject to all the duties and liabilities to taxation of other citizens of the United States. But nothing herein contiiined shall be construed to deprive such chiefs, warriors, or heads of families of annuities to which they are or may be entitled. Title xxxii.— THE PUBLIC LANDS.— Ce. 8. RESERVATION AND SALE OF TOWN-SITES ON THE PUBLIC LANDS. Sec. 2380. The President is authorized to resor\'c from J^^^ to u r». the public lands, whether surveyed or uasurveyed, town- i, J. J^J^tmI'**' **"*•** sites on the shores of harbors, at the junction of rivers, important portages, or any natural or prospective centers of population. Sec. 238L When, in the opinion of the Pn«sidont, the tJST31?iSI*°^"'^ public interests require it, it shall be the duty of the 8eo- i.l^'J^Ti?"**^*^'' Tviary of the Interior to cause any of such reservations, or part thereof, to be surveyed 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 tlionce af>or\\-:ird to be held subject to sale at private entrj^ acw)rding to such n^ulations as the Secretary of tlie Interior may prescribe; but no lot shall be di«i>oso«l of at public sale or private entry for less than the appraised value thereof. And all such sales shall be conducted by the rqjistor and receiver of the land-office in the district in which the reservation may be situat^l, in accr^rdancc Avith the instnictions of the Commissioner of the Goncnd I^nd- Office. 54 pubS'iamis"^' '"^' '"' ^^^' 2382. In any case in which parties have already 2,v.i3,^p;34l*' ^' ^^^'^' fouJided, 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 bounda- ries according to the lines of the public surveys, where such surveys have been executed; also giving the name of such city or town, and exhibiting tlie streets, squares, blocks, lots, and alleys, the size of the same, with measurements and area of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a state- ment of the extent and general character of the improvements; 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 General Land-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 minimum 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 additional 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. lisS^wn'^uusurvey^d ^^^' 2383. Whcu such citics or towus are established iimv adjSted!'''' ^'°'"^' ii^pon unsurveyed lands, it may be lawful, after the exten- s.v.ia/jsS*' ^•^^'^* sion 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 be vested by sale; and patents for all lots so disposed of at public or private sale shall issue as in ordinary cases. When transcript maps Sec. 2384. If withlu twclvc months ffom thc establish- of town are not filed in , n •• , j1 i t i • j_i j_* twelve months, proceed- mcut 01 a City or towu ou tlic puDiic domain, the parties terior. interested refuse or fail to file in the General Land-Office 1 July, 1864, c. 205,8. . ., , i . n i 4, V. 13, p. 344. a transcript map, with the statement and testimony called for by the provisions of section twenty-three hundred and eighty-two, it may be lawful for the Secretary of the Interior to cause a survey and plat 55 to be made of such city or towTi, and thereafter the lots in the same shall be dLsiK)sed of as required by such provisions, with this exception, that they shall each Ikj at au increase of fifty per centum on the minimum of ten dolhirs per lot. Sec. 2385. In the case of any city or town, in which wh«r» bIm of iota or the lots may be variant as to size from the limitation fixed e^i'roio.'^*^ "**"* . , , 11 1 . 1 , . 1 . 3 March. 1865,0. 107, •. m section twenty-three hundred and eighty-two, and in 2,Y.i3.p.ay>. which the lots and buildings, as municipal improvements, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the pro- visions of that section; but the minimum price of each lot in such city or to\vn, which may contain a greater number of square feet than the maxi- mum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish. Sec. 2386. Where mineral veins are possessed, Avhich n^^nem/ rii'h?*""^^*** *^ possession is recognized by local authority, and to the ex- 2,?A^J,7)!'iij?'^'*^"^"''''' tent so possessed and recognized, the title to town-lots to be acquii'ctl shall be subject to such recognized possession and the necessary use thereof; but nothing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United States. Sec. 2387. Whenever any portion of the public lands Entr>oftuwn author- 11 1 , J 1 1 1 '1 ± itiofl iu UuRt for occa- have been or may be settled upon and occupied as a town- iwnts. ,. , , .11 2 March, 1807, c.lT7,T. Site, not subject to entry under the agricultural pre-emp- i4,i).54i. tion laws, it is lawful, in case such town be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such town is situated, to enter at the proper land-office, and at the minimum price, the land so settled and occupied in triLst for the several use and benefit of the occupants thereof, accoixling to their resi)ective interests; the execution of which trust, as to the di-spoeal of the lots in such town, and the proceeds of the sales thereof, to be con- ducted under such regulatioas as may be prescribed by the legi.ctJon, when to bo preceding section shall be made, or a declarator}' statement nm«io. /. 1 /» 1 . 1 , . • • * March. 18C7, c 1T7, of the purpose of the inhabitants to enter it as a town-site ▼h.i'Mi. shall be filed with the register of the proper land-office, prior to tlio com- mencement of tlie public sale of the body of land in which it is included, and the entry or declaratory statement shall include only such laud as is actually occupietl by the town, and the title to which is in tlie United States; but in any Territory in which a land-office may not have been estiiblished, such declaratory statements may be filed with the surveyor- general of tlie surveying-district in which the lands are situated, who shall transmit the same to the Greneral Land-Offioe. 56 Entry in proportion Sec. 2389. If uDon surveved lands, the entry shall in to number of inhabit- , ,.,.., ,. ^ . liii ants. its exterior limit be made m conformity to the lep-al sub- 2 March, 1867, c.177, ^. . . ^ . . ^ , "^ ° V. 14, p. 541. divisions of the public lands authorized by law ; and where the inhabitants are in number one hundred, and less than two hundred, shall embrace not exceeding three hundred and twenty acres; and in cases where the inhabitants of such town are more than two hundred, and less than one thousand, shall embrace not exceeding six hundred and forty acres; and where the number of inhabitants is one thousand and over one thousand, shall embrace not exceeding twelve hundred and eighty acres; but for each additional one thousand inhabitants, not exceeding five thou- sand in all, a further grant of three hundred and twenty acres shall be allow^ed. Authorities of Salt Sec. 2390. Thc words "not exceeding five thousand in Lake City, rights of, as,.,,. ^ ^. , in i oiiti to entry. all, lu thc precedins; section, shall not apply to bait L/ake IJuly, 1870, C. 193, V. ^. . , rry • r» tt i i f . i n i 16, p. 183. City, m the Territory of Utah ; but such section shall be so construed in its application to that city that lands may be entered for the full number of inhabitants contained therein, not exceeding fifteen thou- sand ; and as that city covers school-section number thirty-six, in township number one north, of range number one west, the same may be embraced in such entry, and indemnity shall be given therefor when a grant is made by Congress of sections sixteen and thirty-six, in the Territory of Utah, for school purposes. tee?t'?be^?.'d. ""^ *'"" . Sec. 2391. Any act of the trustees not made in con- v.i4fp.^54i.^^^^' ''^ '^^^' formity to the regulations alluded to in section twenty- three hundred and eighty-seven shall be void. gow mines,^T.!'or to ^^c. 2392. No title shall be acquired, under the fore- ™2''M\?rch,'S'G?,''c. 177, g^iug provisious of this chapter, to any mine of gold, i868%.^53ft^i5,p.67.'^^' sllvcr, cinuabar, or copper; or to any valid mining-claim or possession held under existing laws. erSusfAr*""'' ''" Sec. 2393. The provisions of this chapter shall not v.^fp^.m.^^'^^' *'"^^^' apply to military or other reservations heretofore made by the United States, nor to reservations for light-houses, custom-houses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land-Office by title derived from the Crown of Spain, or otherwise. Inhabitants of towns Sec. 2394. The inhabitants of any town located on the to enter. ' ' pubKc lauds may avail themselves, if the town authorities 8 June, 1868, c.53,v. "^ . . ^ ' 15, p. 67. choose to do so, of the provisions of sections twenty-three hundred and eighty-seven, twenty-three hundred and eighty-eight, and twenty-three hundred and eighty-nine; and in addition to the minimum price of the lands embracing any town-site so entered, there shall be paid by the parties availing themselves of such provisions all costs of surveying and platting any such town-site, and expenses incident thereto incurred by 67 tlie United States, before any patent issues therefor; In ] in the sections herein cited shall prevent the issuance oi j. ii< n < i> who have made or may hereafter make entries, and elect to proceed under other la\v8 relative to town-sites in this chapter set fortli. Title lxx.— CRIMES.— Cn. 4. Sec. 6392. Every person who, having taken an oath be- pwjwrr. fore a competent tribunal, officer, or person, in any case in i^^.f.'^iii^iS'Jit which a law of the United States authorizes an oath to be iih*' *"' '' *" ^ administered, that he will testify, declare, depose, or certify ^-^ stj; uI&tTbm- 1 1 . . 1 , . , -^ ley. »♦ P*u a»iC. & Ilk truly, or that any written testimony, declaration, deposition, ^***' " '^ n i£/' or certificate by him subscribed is true, willfully and con- S^iioo?^ AL^StJ trary to such oath states or subscribes any material matter «wck,2 x^6b. which he does not believe to \xi 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 testimony in any court of the United States until such time as the judgment against him is reversed. [See S 1750.] [No. 2.] AN ACT to amend section twenty-two hundred and ninetj-one of theReriMd StatatM of tb« Unitef, affidavit, and oath, when so made and duly Bubecribcd, shall have the same force and effect as if made before the register or receiver of tlie proper land-district; and the same shall bo transmitted by such judge, or the clerk of his court, to the register and the receiver, with the fee and cliarges allowolicd for is more than eighty acres, and five dollars if it is eighty acres or less, he or she shall thereupon be permitted to enter the quantity of land speci- fied ; and the party making an entry of a quarter-section under the pro- visions of this act shall be required to break or plow five acres covered thereby tlie first year, five acres the second year, and to cultivate to crop or otherwise the five acres broken or plowed the first year; the tliird yc^r he or she shall cultivate to crop or otherwise the five acres broken the second year, and to plant in timber, seeds, or cuttings tlie five acres first broken or plowed, and to cultivate and put in crop or otlierwise the remain- ing five acres, and the fourth year to plant in timber, seeds, or cuttings tho remaining five acres. All entries of less quantity than one quarter-section shall be plowed, planted, cultivated and planted to trees, tree-seeds, or cut- tings, in the same manner and in the same projiortion as hereinbefore pro- vided for a quarter-section : Provided, however. That in case such trees, seeds, or cuttings shall be destroyed by grasshoppers, or by extpcme and unusual drouth, for any year or term of years, the time for planting such ti-ecs, seeds, or cuttings shall lx» extended one year for every such year that they are so destroyed: Provided further, That the person making such entry shall, before he or she shall be entitled to such extension of time, file 60 with the register and the receiver of the proper * land-office an affidavit, corroborated by two witnesses, setting forth the destruction of such trees, and that, in consequence of such destruction, he or she is compelled to ask an extension of time, in accordance with the provisions of this act: And provided further, That no final certificate shall be given, or patent issued, for the land so entered, until the expiration of eight years from the date of such entry ; and if, at the expiration of such time, or at any time within five years thereafter, the person making such entry, or, if he or she be dead, his or her heirs or legal representatives, shall prove by two credible witnesses that he or she or they have planted, and, for not less than eight years, have cultivated and protected such quantity and character of trees as aforesaid ; that not less than twenty-seven hundred trees were planted on each acre, and that at the time of making such proof there shall be then growing at least six hundred and seventy-five living and thrifty trees to each acre, they shall receive a patent for such tract of land. Sec. 3. That if at any time after the filing of said affidavit, and prior to the issuing of the patent for said land, the claimant shall fail to comply with any of the requirements of this act, then and in that event such land shall be subject to entry under the homestead laws, or by some other per- son under the provisions of this act: Provided, That the party making claim to said land, either as a homestead settler or under this act, shall give, at the time of filing his application, such notice to the original claimant as shall be prescribed by the rules established by the Commissioner of the Greneral Land Office ; and the rights of the parties shall be determined as in other contested cases. Sec. 4. That no land acquired under the provisions of this act shall, in any event, become liable to the satisfaction of any debt or debts contracted prior to the issuing of the final certificate therefor. Sec. 5. That the Commissioner of the General Land Office is hereby required to prepare and issue such rules and regulations, consistent with this act, as shall be necessary and proper to carry its provisions into effect ; and that the registers and receivers of the several land-offices shall each be entitled to receive two dollars at the time of entry, and the like sum when the claim is finally established and the final certificate issued. Sec. 6. That the fifth section of the act entitled "An Act in addition to an act to punish crimes against the United States, and for other purposes," approved March third, eighteen hundred and fifty-seven, shall extend to all oaths, affirmations, and affidavits required or authorized by this act. Sec. 7. That parties who have already made entries under the acts approved March third, eighteen hundred and seventy-three, and March thirteenth, eighteen hundred and seventy-four, of which this is amenda- tory, shall be permitted to complete the same upon full compliance with the provisions of this act; that is, they shall, at the time of making their 61 final proof, have had under cultivation, as required by this act, an amount of timber sufficient to make the number of acres required by this act. Sec. 8. All acts and parts of acts in conflict with this act are hereby repealed. Approved June 14, 1878. [No. 5.] AN ACT to provide for the sale of desert lands in certain States and Territories. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for any citizen of the United States, or any person of requisite age " who may be entitled to become a citizen, and who has filed his declaration to become such," and upon payment of twenty-five cents per acre, to file a declaration, under oath, with the register and the receiver of the land-district in which any desert land is situated, that he intends to reclaim a tract of desert land, not exceeding one section, by conducting water upon the same within the period of three years thereafter : Provided, however. That the right to the use of water by the person so conducting the same on or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation ; and such right shall not exceed the amount of water actually appropriated and necessarily used for the purpose of irrigation and reclamation ; and all surplus water over and above such actual appropria- tion and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Said decla- ration shall describe particularly said section of land if surveyed, and if unsurveyed shall describe the same as nearly as possible witliout a survey. At any time within the jieriod of three years after filing said declaration, uiK)n making satisfactory proof to the register and receiver of the reclama- tion of said tract of land in the manner aforesaid, and upon the (myment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and Ibrty acres to any one penson, a patent for the same shall be issued to him : Provided, That no person shall be permitt(»d to enter more than one tract of land, and not to exceed six hun- dred and forty acres, which shall be in compact form. Sec. 2. Tliat all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, sliall be deemed desert lands within the meaning of this act, which fact sIuUl Ix* ascerttunod l)y proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land-office in which said tract of land may be situated. 62 Sec. 8. That this act shall only apply to and take effect in the States of California, Oregon, and Nevada, and the Territories of Washington, Idaho, Montana, Utah, \yyoniing, Arizona, New Mexico, and Dakota, and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. Approved March 3, 1877. [No. 6.] AN ACT providing for the sale of saline lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever it shall be made appear to the register and the receiver of any land-office of the United States that any lands within their district are saline in character, it shall be the duty of said register and said receiver, under the regulation of the Gen- eral Land Office, to take testimony in reference to such lands to ascertain their true character, and to report the same to the General Land Office; and if, upon such testimony, the Commissioner of the General Land Office shall find that such lands are saline and incapable of being purchased under any of the laws of the United States relative to the public domain, then, and in such case, such lands shall be offered for sale by public auction at the local land-office of the district in which the same shall be situated, under such regulations as shall be prescribed by the Commissioner of the General Land Office, and sold to the highest bidder for cash at a price not less than one dollar and twenty-five cents per acre; and in case said lands fail to sell when so offered, then the same shall be subject to private sale, at such land-office, for cash, at a price not less than one dollar and twenty- five cents per acre, in the same manner as other lands of the United States are sold ; Provided, That the foregoing enactments shall not apply to any State or Territory which has not had a grant of salines by act of Congress, nor to any State which may have had such a grant, until either the grant has been fully satisfied, or the right of selection thereunder has expired by efflux of time. But nothing in this act shall authorize the sale or convey- ance of any title other than such as the United States has, and the patents issued shall be in the form of a release and quit-claim of all title of the "United States in such lands. Sec. 2. That all executive proclamations relating to the sales of public lands shall be published in only one newspaper, the same to be printed and published in the State or Territory where the lands are situated, and to be designated by the Secretary of the Interior, Approved January 12, 1877. 63 [No. 7.] AN ACT respecting the limit* of rewrvatioiw for town-«lt«t opon Um pubUe dflnuUn. Be it eruided by the Senate and House of RepreaerUaiive$ of the Dniitd States of America in Congress assembled^ That the existence or inoorpom- tion of any town upon the public lands of the United States shall not be held to exclude from pre-emption or homestead entry a greater quantity than twenty-five hundred and sixty acres of land, or the maximum area which may be entered as a town-site under existing la\vs, unlets the entire tract claimed or incorjwrated as such town-site shall, including and in exoeiB of the area above specified, be actually settled uix)n, inhabitce shown, to the satisfiiction of the Commissioner of the General Land Office, to include only vacant unoccu- pied lands of the United States, not settled upon or used for municipal purposes, nor devoted to any public use of such town, said entries, if r(^- lar in all resi)ects, are hereby confirmed and may be carried into patent: Provided, That this confirmation shall not operate to restrict the entry of any town-site to a smaller area than the maximum quantity of land which, by reason of present population, it may be eotitled to enter under section twenty-three hundred and eighty-nine of the Revised Statutes. Sec. 3. That whenever the corporate limits of any town upon the public domain are shown or alleged to include lands in excess of the maximum area six»eified in section one of this act, the Commissioner of the General Land Office may require the authorities of such town, and it shall be law- ful for them, to elect what portion of said lands, in compact fonn and em- bracing the actual site of the municipal occupation and improvement, shall be withheld from pre-emption and homestead entry; and thereafter the residue of such lands shall be open to dis|)osal under the homestead and pre-emption laws. And upon default of said town authorities to make such selection within sixty days after notification by the Commissioner, he may direct testimony respecting the actual location and extent of said im- provements, to be taken by the regist<*r and receiver of the distrit't in which such town may be situated ; and, uiK>n receipt of the same, he may deter- mine and set off the pro|x»r site lu-cording to section one of this act, ami declare* the remaining lands open to settlnnent alid entry under the home- stead and pre-emption laws; and it shall l)e the duty of the secretary of loh of the Territories of the United States to furnish the surN^oj^or-general of the Territor}', for the use of the Unitwl States, a copy duly certifiwl of every act of the legislature of the Territor}^ inoorporating any city or town, the same to be forwarded by such secretary to the surveyor-general witliin one month from date of its approval. 64 Sec. 4. It shall be lawful for any to^vn which has made, or may here- after make, entry of less than the maximum quantity of land named in section twenty-three hundred and eighty-nine of the Revised Statutes to make such additional entry, or entries, of contiguous tracts, which may be occupied for town purposes as when added to the entry or entries thereto- fore made will not exceed twenty-five hundred and sixtj- acres : Provided, That such additional entry shall not together with all prior entries be in excess of the area to which the town may be entitled at date of the addi- tional entry by virtue of its population as prescribed in said section twenty- three hundred and eighty-nine. Approved March 3, 1877. [No. 8.] AN ACT for the sale of timber lands in the States of California, Oregon, Nevada, and in Washington Territory. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhledy That surveyed public lands of the United States within the States of California, Oregon, and Nevada, and in Washington Territory, not included within military, Indian, or other res- ervations of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any bona-fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona-fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improve- ments, education, or other purposes : And provided further. That none of the rights conferred by the act approved July twenty-sixth, eighteen hun- dred and sixty-six, entitled "An Act granting the right of way to ditch and canal owners over the public lands, and for other purposes," shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in con- nection w^ith such water-rights, as may have been acquired under and by tlie provisions of said act; and such rights shall be expressly reserved in any patent issued under this act. 65 Sec. 2. That any person desiring to avail himself of the pruvbOoof of this act shall file with the register of the proiKjr diHtrict a written Ktati-incnt in duplicate, one of which is to be transmitted to the General I^nd Ollirc, designating by legal sulxiivisions the particular tract of land he doniw to purchase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabiUnl ; elong to the applit^int, nor, an de- ponent verily believes, any valuable deix)8it of gold, silver, ciunaliur, copper, or coal ; that deponent has made no other application under this act ; tliat he does not apply to purchase the same on sjK'culation, but in gwid faith to appropriate it to his own exclusive use and Ixjuefit; and that he ha» not, directly or indirectly, made any agreement or contnict, in any way or man- ner, with any person or persons whatsoever, by which the title which he might acquire from the Government of the United Stiites should inure, in whole or in part, to the benefit of any person except himself; which state- ment must be verified by the oath of the applicant before tlie register or the receiver of the land-office within the district where the land is situated; and if any person taking such oath shall swear falsely in the premises, he shall be subject to all the pains and penalties of jxiijury, and shall forfeit the money which he may have paid for said lands, and all right and title to the same; and any grant or conveyance which he may have made, excvpt in the hands of bona-fide purchasers, shall be null and voiil. Sec. 3. That upon the filing of said statement, as pn>videcra and testimony in the case, a patent shall issue thereon: FrocUM, Tliat anj 5 66 person having a valid claim to any portion of the land may object, in writ- ing, to the issuance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the officers of the land-office, subject to appeal, as in other land cases. Effect shall be given to the foregoing pro- visions of this act by regulations to be prescribed by the Commissioner of the General Land Office. * . * * * * * :jt Sec. 6. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved June 3, 1878. [No. 9.] AN ACT making appropriations to supply deficiencies in the appropriations for fiscal years ending June thirtieth, eighteen hundred and seventy-five, and prior years, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ * ;}; * Sec. 15. That any Indian, born in the United States, w^ho is the head of a family, or who has arrived at the age of twenty-one years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on making satisfactory proof of such abandonment under rules to be prescribed by the Secretarjr of the Interior, be entitled to the benefits of the act enti- tled "An Act to secure homesteads to actual settlers on the public domain," approved May twentieth, eighteen hundred and sixty-two, and the acts amendatory thereof, except that the provisions of the eighth section of the said act shall not be held to apply to entries made under this act : Provided, however, That the title to lands acquired by any Indian by virtue hereof shall not be subject to alienation or incumbrance, either by voluntary con- veyance, or the judgment, decree, or order of any court, and shall be and remain inalienable for a period of five years from the date of the patent issued therefor : Provided, That any such Indian shall be entitled to his distributive share of all annuities, tribal funds, lands, and other property, the same as though he had maintained his tribal relations; and any trans- fer, alienation, or incumbrance of any interest he may hold or claim by reason of his formal tribal relations shall be void. Sec. 16. That in all cases in which Indians have heretofore entered public lands under the homestead law, and have proceeded in accordance with the regulations prescribed by the Commissioner of the General Land Office, or in which they may hereafter be allowed to so enter under said regulations prior to the promulgation of regulations to be established by the Secretary of the Interior under the fifteenth section of this act, and in which 67 the conditions prescribed by law have been or may be complied with, the entries so alloweil are hereby confirmed, and patents shall be issued thereon ; subject, however, to the restrictions and limitations contained in the fifteenth section of this act in regard to alienation and incumbrance. Approved March 3, 1875. [No. 10.] AN ACT defining the manner in which certain land-sorip may be assigned and located, or applied by actual settlers, and providing for the issue of patents in the name of the locator or his legal representatives. Be it enacted by the Senate and House of Represerdatives of the United States of America in Congress assembled. That whenever, in cases prose- cuted under the acts of Congress of June twenty-second, eighteen hun- dred and sixty, March second, eighteen hundred and sixty-seven, and the first section of the act of June tenth, eighteen hundred and seventy-two, providing for the adjustment of private land-claims in the States of Florida, Louisiana, and Missouri, the validity of the claim has been, or shall be hereafter, recognized by the Supreme Court of the United States, and the court has decreed that the plaintiff or plaintiffs is or are entitled to enter a certain number of acres upon the public lands of the United States, subject to private entry at one dollar and twenty-five cents per acre, or to receive certificate of location for as much of the land the title to which has been established as has been disposed of by the United States, certificate of loca- tion shall be issued by the Commissioner of the General I^and Office, attested by the seal of said office, to be located as provided for in the sixth section of the aforesaid act of Congress of June twenty-second, eighteen Imndred and sixty, or applied according to the provisions of the second section of this act; and said certificate of location or scrip shall be sulnlivided accord- ing to the request of the confirmee or confirmees, and, as nearly as prac- ticable, in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be, and are hereby declared to be, assignable by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the scrip, including the right to locate the scrip in his own name. Sec. 2. That such scrip shall Ixj receiven and cultiva- tion of the land embraced in liLs original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional or new entry, and shall be deducted from the five years* residence and cultivation required by law: Providedy That in no case shall patent issue upon an additional or new homestead entry under thus act until the person has actually, and in conformity Avith the homestead laws, occu- pied, resided upon, and cultivated the land embraced therein at Iciist one year. Approved July 1, 1879. [No. 13.] AN ACT to provide additional regulations for homestead and pre-emption entries of public lands. Be it enacted by the Senate and House of Repre^entaiivea of the United States of America in Congress assembledy That before final proof shall be submitted by any person claiming to enter agricultural lands under the laws providing for pre-emption or homestead entries, such person shall file with the register of the projier land-office a notice of hia or her intention to make such proof, stating therein tlie description of lands to be entered, 70 and the names of the witnesses by whom the necessary facts will be estab- lished. Upon the filing of such notice the register shall publish a notice, that such application has been made, once a week for the period of thirty days, in a newspaper to be by him designated as published nearest to such land, and he shall also post such notice in some conspicuous place in his office for the same period. Such notice shall contain the names of the witnesses as stated in the application. At the expiration of said period of thirty days the claimant shall be entitled to make proof in the manner heretofore provided by law. The Secretary of the Interior shall make all necessary rules for giving effect to the foregoing provisions. Approved March 3, 1879. [No. 14.] CASH APPLICATION. No. . Land Office at , {Date) , 18—. 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 I have agreed with the register to give at the rate of per acre. register of the Land Office at , do hereby certify that the lot above d scribed contains acres, as mentioned above, and that the price agreed upon is per acre. , Begister. fNo. 15.] CASH KECEIPT. No. . Eeceiver's Office at , {Date) , 18—. Eeceived 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. [No. 16.] CASH CERTIFICATE. No. Land Office at , {Date) , 18—. It is hereby certified that, in pursuance of law, , of county. State of , on this day purchased of the register of this office the lot or of section No. , in town- ship No. , of range No. , containing acres, at the rate of dollars and cents per acre, amounting to dollai's and cents, for which the said ha — made payment in full as required by law. Now, therefore, he it known, that on presentation of this certificate to the Commissioner of the General Land Office, the said shall be entitled to receive a patent for the lot above described. Rf.mKter. 71 [No. 17.] Land Officb at (Doit) , 18_. Mr. liaH this day paid dollara, the reginter'a and rM)eiver'« fwm, to file a declaratory stateniuut, the receipt wherotif is hereby acknuwledgiHl. ~~"— ^ f StCttMTt No. . Mr. , having paid the fees, has this day filed in this ofBce hb declaratory statement, No. , for of section , in township , of range , containing acres, settled upon , 18 — , being offered. , Reffiater, [No. 18.] DECLARATORY STATEMENT FOR CASES WHERE THE LAND IS NOT SUB- JECT TO PRIVATE ENTRY. I, , of , being , have, on the day of , A. D. 18 — , settled and improved tlie quarter of section No, , in township No. , «»f range No. , in the district of lands subjwrt to sale at the land-office at , and containing acres. which land has not yet been offered at public sale, and thus rendered 8ubj»«ct to private entry; and I do hereby declare my intention to claim the said ti-act of land as a pre-emption ri^ht under section 2251) of the Revised Statutes of the United States. Given under my hand this day of , A. D. 18 — . In presence of • [No. 19.] DECLARATORY STATEMENT FOR CASES WHERE THE LAND CLAIMi:i> 13 SUBJECT TO PRIVATE ENTRY. I, , of , being , have, since the Ist 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-office at , and containing arm, which land had been rtndered subject to private entry prior to my settlement iherwin ; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under MO' tion 2259 of the Revised Statutes of the United States. Given under my hand this day of , A. D. 18 — . In presence of . [No. 20.] AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIMANT. I, , claiming the right of pre-emption, umler section W60 of the RvrlMd Statutes of the United States, to the of Si-ction 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 nut the owner of SsW) acn* of land In any State or Territory of the United States, nor have I settlwi np«.n and improrwlMid huid lo sell the same on speculation, but in good faith to appropriate it to my own exolariw OM or bene* fit; and that I have not, directly or indirectly, made any agreement or contmct. In any way or manner, with any person or pi»r»»uns whomsoever, by which the title which I may acquire from the Government of the United States should inure, in whole or in part, lo the beodll of any pei*son except myself. I, , of the Land Office at , do hereby cwtify that tb« above affidavit wat aiiKo<...:K^ anA a\vntn> tn KwfitrM niM thlJI ■ daV OI . A. D. lO^. 72 [No. 21.] PRE-EMPTION PEOOF. TESTIMONY OF CLAIMANT. ; being called as a witness in own behalf in support of pre-emption claim to the , testifies as follows : Ques. 1. What is your name"? (Be careful to give it in full, correctly spelled, in order that it may be here written exactly as you wish it written in the patent which you desire to ob- tain.) Ans. . Ques. 2. What is your age ? Ans. . Ques. 3. Are you the head of a family, or a single person; and, if the head of a family, of whom does your family consist ? Ans. . Ques. 4. Are you a native-born citizen of the United States ? If not, have you declared your intention to become a citizen, and have you obtained a certificate of naturalization ? * Ans. . Ques. 5. Is the land embraced in your pre-emption claim, above described, included within the limits of an incorporated town; or has it been selected as the site of a city or town, and actually settled and occupied for purposes of trade and business? Ans. . Ques. 6. Are there any indications of coal, salines, or minerals of any kind on this land? (If so, state what they are, and whether the springs or mineral deposits are valuable.) Ans. . Ques. 7. Is the land more valuable for agricultural than mineral purposes? Ans. . Ques. 8. What is your post-oflBce address? Ans. . Ques. 9. Are you the owner of 320 acres of land in any State or Territory? Ans. . Ques. 10. Have you left or abandoned a residence on land of your own in this to re- side upon the land above described ? Ans. . Ques. 11. Have you ever filed a pre-emption declaratory statement for other land than that above described? (If so, give, as nearly as you can, the date thereof and description of the land.) Ans. . Ques. 12. Have you heretofore made a pre-emption entry ? Ans. . Ques. 13. Have you settled upon and improved the land for which you now apply to sell the same on speculation ? Ans. . Ques. 14. Have you given any mortgage on this land, and have you made any agreement to sell the same ? Ans. . Ques. 15. When did you make settlement on the land, and what constituted your first act of settlement ? Ans. . Ques. 16. What improvements, if any, were on the land at date of your settlement? (If any, state who owned them, and whether they now belong to you.) Ans. . * In case the party has been naturalized, or has only declared his Intention to become a citizen, a certified copy of his certificate of naturalization or declaration of intention, as the case may be, must be- furnished. 73 Qiu'8. 17. What improvemeiit« have yon made on this land tuhMquent to your flnt aet of eettlfinent y (Describe them, and stat« the total value of the iaipror«iiieDt« 0WD«d bjyoa thereon.) Ans. . QiieB. 18. When did yon first eetablish your residence upon the land f AlJ8. . Ques. 19. Have you resided upon the land ever since T Ans. . Ques. 20. What use have you made of the landT Ans. . Ques. 21. How much of the land, if any, has been broken and cultivated tino« joar Mttl«- ment ? Ans. . I llEREHY CERTIFY that each question and answer in the foregoing testimony WM read to the claimant before signed name thereto, and that tla- mhiw wn** sulMcrilied and Bworn to before me this day of , 18 — . NoTB. — Tlie officer before whom tlie testimony in taken should call the attention of Iho witncw to the follow- ing section of the Revised Statutes, and state to liim that it is tlie i)uriH)6e of the Uuvernment, if it be MCer^ tained that lie testifies falsely, to prosecute him to the full extent of the law : TiTLK i,xx.— CRIME.S.— C»i. 4, Sec. 5.*}02. Every person who, havinp taken an outh before a competent frihunnl ' -raoB, In AOJ case iu which a hiw of the United States aiithorizi-s an outii to be Hdmitii^teriHl, tliai I > . deciuv, de* pose, or certify truly, or that any written testimony, declan»tion, dc|>oHition, or tertiti «iit"KTllied is true, willfully and contrary to such «Mith states or subs^'rilK's any nititerial matter m li :<-Te to be true, is guilty of perjury, and shall be punished by a tine of not nn»re than t«" hhI bjr imprisonment, at hard labor, not more than tive years, und shall, moreover, tlieri'iilt.' . if'viog testimony iu any court of the United States until such tiiue as the Judgmeut agaiust hiw i* revtuMMi. [i— Sec 1760.J [No. 22.] ( The testimony of two witnesses, in this form, Uken separately, required In esdi csmw) PREEMPTION PROOF. TESTIMONY OF WITNESS. , being called as a witness in support of the pre-emption claim of • to the , testifies as follows Ques. 1. What is your post-office address T Ans. . Ques. 2. What is yoin* occupation T Ans. . QiM'8. 3. Are you well acquainted with , the chiituunl in im" i.i»m«, and boW loiij^' luive you known 1 Ans. . Ques. 4. How old do you know or believe claimant to bet Ans. , Ques. 5. Is claimant the head of a family, or a sbgle perMo; and, if the head of a fiunily, of whom does the family consist f Ans. . Ques. 6. Is claimant a native-born citizen of the United StalM? (If BO^ itol«, If yoa can, what steps — — has taken to become naturalized.) Ans. . Ques. 7. Are you acquainted with the land aboTO dsacribed ? Ans. . Ques. 8. Do you live in the vicinity of the landt 74 Ques. 9. Is this land within the limits of an incorporated town, or has it been selected as the site of a city or town and actually settled and occupied for purposes of trade and business ? Ans. . Ques. 10. Are there any indications of coal, salines, or minerals of any kind on this land? If so, state what they are, and whether the springs or mineral deposits are valuable. Ans. . Ques. 11. Is the land more valuable for agricultural than mineral purposes ? Ans. . Ques. 12. Is the claimant the owner of 320 acres of land in any State or Territory ? (State your knowledge in this regard.) Ans. . Ques. 13. Has the claimant left or abandoned a residence on land of own in this to reside upon the land above described? (State your knowledge in this regard.) Ans. -. Ques. 14. Has claimant ever filed a pre-emption declaratory statement for other land than that above described, or has heretofore made a pre-emption entry ? (State your knowl- edge in this regard.) Ans. . Ques. 15. Do you know whether the claimant has given any mortgage on this land, or made any agreement to sell the samef (State your knowledge in this regard.) Ans. . Ques. 16. When did claimant first make settlement on the laud, and what constituted his first act of settlement? Ans. . Ques. 17. What improvements does the claimant possess on the land, and what is the value of the same? Ans. . Ques. 18. When did claimant first establish a residence upon the land ? Ans. . Ques. 19. Has claimant resided upon the land continuously ever since? Ans. . Ques. 20. For what purpose has the land been used by claimant ? Ans. . Ques. 21. How much of the said land, if any, has been broken and cultivated since the claimant made settlement thereon ? Ans. . Ques. 22. Is it your belief that has acted in good faith in the settlement and improvement of the said land under the pre-emption laws ? Have you any knowledge to the contrary ? Ans. . Ques 23. Are you interested in this claim f Ans. . . I HEREBY CERTITY 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 , 18 — . Note. — The olficer 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 tlie purpose of the Government, if it be ascer- tained that he testifies falsely, to prosecute him to the full extent of the law : Title lxx.— CRIMES.— Cii. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which 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 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 tliousand 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 reversed. [See sec. 1750.] 75 [No. 23.] HOMESTEAD. Land Offics at , Application' No. . (JDaU) , 18—. I, , of — , do herebj apply to enter, under section 2289 of the He^bed Statutes of the United States, the of section , in township , of range , con- taining acres. Land Office at (^Datr) , 18—. I, , register of the Land Office, do hereby certify that the above application is for surveyed lands of the class which the applicunt is legally entitlea/<) , 18-. I, , of , who made Homestead Application No. (or Preemption Declaratory Statement No. ) for the \_here describe the landl^ do herebj give notice of inj intention to make final proof to establish my claim to the land above deaoribed, and llial I expect to pi-ove my claim by ibe following witaeaea, vis : , of , and , of—-. ie Land Office at (Date) , 18— Notice of the above application will be published in the published at , Avhich I hereby designate as the newspaper published nearest the land described in said application. , Register, [No. 27.] notice for publication. Land Office at {Date) , 18—. Notice is hereby given that the following-named settler has filed notice of his intention to make final proof in support of his claim and secure final entry thereof at the expiration of thirty days from the date of this notice, viz : , Homestead Application No. , (or Pre-emption Declaratory Statement No. ) for the \_here describe the land], and he names the following as his witnesses, viz: , of , and , of . Register. [No. 28.] consolidated NOTICE FOR PUBLICATION. 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 claims and secure final entry thereof on the expiration of thirty days from the date of this notice, viz : , Homestead Application No. , for the . The claimant names the following persons as his witnesses to prove his claim; , of , and - — — - , of . , Pre emption Declaratory Statement No. , for the . The claimant names the following persons as his witnesses to prove his claim : , of , and , of . , Register, [No. 29 ] certificate as to the posting of notice. Land Office ai (^Date) , 18—. I, , 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 oflice for a period of thirty days^ I having first posted said notice on the day of , IB — . , Register, [No. 30. HOMESTEAD PROOF. FINAL AFFIDAVIT REQUIRED OF HOMESTEAD CLAIMANTS, SECTION 2291 OF THE RE- VISED statutes of the united STATES, I, , having made a homestead entry of the section No. , in town- ship No. , of range No. , subject to entry at , under section 2289 of the Revised Statutes of the United States, do now apply to perfect my claim thereto by virtue of section 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 77 cultivated suid land, Imving resided thereon since the day of — -, 18—, to the present time; that no part of said land has heen alienated, except as provided in section 2288 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 beriito* fore perfected or abandoned an entry made under the homestead laws of the United Stat«. ^> , of the Land Office at , do hereby certify that the above atfidavit was subscribed and sworn to before me this day of , 18 — . [No. 31.] (Thia form will be used botli In final homestead proof and commutation proof.) HOMESTEAD PROOF. TESTIMONY OB' CLAIMANT. , being called as a witness in own behalf in support of homestead entry for , testifies as follows : Ques. 1. What is your name? (Be careful to give it in full, correctly spelled, in order that it may be here written exactly as you wish it written in the patent which you desire to obtain.) Ans. . Ques. 2. What is your age f Ans. . Ques. 3. Are you the head of a family, or a single person j and, if the head of a family, of whom does your family consist ? Ans. . Ques. 4. Are you a native-bom citizen of the United States? If not, have you declared your intention to become a citizen, and have you obuiined a certificate of naturalization T* Ans. . Ques. 5. Are there any indications of coal, salines, or minerals of any kind on the land embraced in your homestead entry above described ? (If so, state what they are, and whether the springs or mineral deposits are valuable.) Ans. . Ques. 6. Is the land more valuable for agricultural than mineral purposes T Ans. . Ques. 7. What is your post-office address! Ans. . Ques. 8. Have you ever made a homestead entry except for this land, No. f (If you have, give, as nearly as you can, the date thereof and description of the land, and state whether the entry still subsists, or if it has been canceled, state tlie cause of its cancellation.) Ans. . Ques. 9. Have you sold the land or conveyed to any one your right and hitertst in the same; and, if so, to whom and for what purpose T Ans. . Ques. 10. Does any one except yourself claim the land under the homestead or pre-vmj.i.wu laws ? Ans. . Ques. 11. When did you first make settlement on the said land t Ans. . Ques. 12. When did you first establish a residence upon the laudf Ans. . NoTK.— At the time of making proof the purty should b« i«qolrad to mrrukkr hli orlfiniJ h o m w rt is it dnpli* cate receipt, or file an affldarlt accounting for the winie. * In caae the party lias been nat«rall«ed, ■ certirtwl copy of iiis oertldcfttfl of tuUuraliaaUoD In cases of comniutod liomoatondn it is sufficient if the i«rty has docUred his intention to 1 which case a certified copy of bis declaration of intention must l>« I 78 Ques. 13. At the date you have given as being the date that you first established your residence upon the land, did you move thereon in person ? Ans. -. Ques. 14. Up to what time have you resided on the land? Ans. . Ques. 15. Was your residence upon the land continuous during the period named? Ans. . Ques. 16. If you had a family during said period of residence on the Jiomestead, did your family reside thereon ? Ans. . Ques. 17. What improvements have you made or do you poasesa on the land? (Describe them.) Ans. . Quea. 18. Wlien was your house built? Ans. . Ques. 19. What is the total value of said improvements? Ans. . Quea. 20. For what purpose have you used the land? Ans. . Ques. 21. How much of the land have you broken and cultivated, and what crops, if any, have you raised? - . Ans. . 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 , 18 — . Note.— The officer before whom the testimony is taken should call the attention of the witness to the follow- ing sectidu of the Revised Statutes, and state to him that it is tlie 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. Everj* person who, having taken an oath before a competent tribunal, officer, or person, in any case in wiiich 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 subscribed is true, willfully and contrary to such oath states or 8ul»scribes any material matter which he does not believe to be true, is guilty of perjury, and shall be puuislied by a fine of not more than two thousand dollars, and by impiisonment, 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 reversed. [See sec. 175U.J [No. 32.] [The testimony of two witnesses, in this form, taken separately, required in each case. This form will be used both in final homestead proof and commutation proof.] HOMESTEAD PROOF. TESTIMONY OP WITNESS. ', being called aa a witness in support of the homestead entry of for — — , testifies as follows : Ques. 1. What is your post-office address? Ans. . Ques. 2. What is your occupation ? Ana. — — « 79 Qiies. 3, Are you well acquainted with , the claimant in this case, and how long have you known ? Ans. . Ques. 4. How old do you know or helieve claimant to bet Ans. . Ques. 5. Is claimant the head of a family, or a single person; and, if the head of a family, of whom does the family consist T Ans. . Ques. (). Is claimant a native-born citizen of the United States? If not, what steps has taken to become a citizen? (State your knowledge in this regard.) Ans. . Ques. 7. Has claimant been an inhabitant of the land above described f Ans. . Ques. 8. Do you live in the vicinity of the land, and are you acquainted with the same? Ans. . Ques. 9. Are there any indications of coal, salines, or minerals of any kind on this landT (If so, state what they are, and whether the springs or mineral deposits are valuable.) Ans. . Ques. 10. Is the land more valuable for agriciUtural than mineral purposes? Ans. . Ques. 11. When did claimant first make settlement on the land? Ans. . Ques. 12. When did claimant establish a residence upon the land? Ans. . Ques. 13. Up to what time has claimant resided upon the land? Ans. . Ques. 14. Has residence been continuous during the period named ? Ans. . Ques. 15. If claimant had a family'during said period of residence, did the family reeide on tbe land t Ans. . Ques. 10. When was the claimant's house built upon the land? Ans. . Ques. 17. What other improvements have been made on the land? Ans. . Ques. 18. What is the total value of the improvements? Ans. . Ques. 19. For what purpose has the land been used by claimant? Ans. . Ques. 20. How much of the land has been broken and tMliivat.-.l, and what crops, if any, have been raised ? Ans. . Ques 21. Has claimant made a homestead entry for other land than that above described f (State your knowledge in this regard.) Ans. . Ques. 22. Has claimant alienated any portion of the land — that is, conveyed it to some one else; and if so, to whouj and for what purpose? (State your knowletlge in this regard.) Ans. . Que*. 23. Is it your belief that , the claimant, has acted in good faith in the settlement and improvement of the said land as a homestead? Have you any knowledge to the contrary ? Ans. . Ques. 24. Are you lutt r«'r«if(i m this claim? Ans. . 80 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 , 18 — . Note. — The officer before whom the testimony is taken shonld 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 ascer- tained 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 takon an oath before a competent tribunal, officer, or person, In any case in which a law of the United States authorizes an o»th to be administered, that he will testify, declare, depose, or certify truly, or tliat any written testimony, declaration, deposition, or certificate by him subscribed Is true, willfully and contrary to such oatli 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 di)llars, and by Imprisonment, at liard labur, not more than five years, and shall, moreover, thereafter, be incapable of giving testimony in any court of the United States until such time at) the judgment against him is revontod. [See aec. 1750.] [No. 33.] Receiver's Final Receipt^ No. . Application No. . homestp:ad. Receiver's Oitice, , i^Date) , 18—. Received from , of county, , the sum of ■ dollars and centS; being the balance of payment required by law for the entry of the of section , in township , of range , coutaiuiug acres, under section of ihe Revised Statutes of the United IStates. , licceiver. $ . [No. 34.] Final Cei'tificate No. . Application No. . HOMESTEAD^ Land Office at , (Date) , 18—. It is hereby certified, pursuant to section 2291, Revised Statutes of the United States, that of county, , has made payment in full for — — of section No. , in township No. , of range No. , containing acres. Now, therefore, be it known, that on presentation of this certificate to the Commissioner of the General Land Office, the said shall be entitled to a patent for the tract of land above described. , Beffistcr, [No. 35.] [To be used in cases of commuted horoetftead entries. For taking the testimony of claimant and his witnesses in making commutation proof, use the prescribed forms for " Homestead Proof."] AFFIDAVIT REQUIRED OF CLAIMANT. [Section 2301 of the Revised Statutes of the United States.] I, , claiming the right to commute, under section 2301 of the Revised Statutes of the United States, my homestead entry No. , made upon the section , town- ship , 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 bona fide owner as an actual settler. I further swear that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States. . Land Office, Subscribed and sworn to before me this — — • day of — — . Eeguter, 81 [No. 36.] ADJOINING FARM HOMESTEAD. affidavit. Laxd Offick at (DaU) ,18—. I. of , having filed my application No. , for an entry under th« provisions of the act of Congi-ess approved May 20, 1862, entitle {Date) , 18—. I, , of , do hereby apply to enter, under the act o^ March 3, 1879, the of section , in township , of range , containing acres, as additional to my entry No. , for the of , section , in township , of range . Land Office at (DaU) , 18—. 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 enter under the act of March 3, 1879, and that there is no prior valid adverse right to the same. Ber/ister [No. 40.] ADDITIONAL HOMESTEAD.—ACT OF MARCH 3, 1879. affidavit. Land Office at , {Date) , 18—, I, , of , having filed my application, No, , for an entry under the act of March 3, 1879, do solemnly swear that [^here state 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 application No. .is made for my exclusive benefit; and that said entry is made 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.'] 83 [No. 41.] SOLDIER'S HOMESTEAD. (Section 2304 of the Revised Statutes of the Uniteil States.) HOMESTEAD DECI^ RATION. Land Office at , T 11.,, , . (^«^) 'l*^-- ; ~^."7T'^ \/ ^'"^ ^''^^ "^^'"^ '^""^ ^ ^^^^'^ f«»- * homestead, under section >304 of ilie Kevised Statutes of the United State., granting homenteads to I.onorubly- discharged soldiers and sailore, their widows and orphans, the of section , of lown- ghip ^ of range , containing acres; and I further declare that I take' the said tract of land for actual settlement and cultivation, and for my own use and benefit. No Per Hit Attorney in fact. [No. 42.] SOLDIERS HOMESTEAD. (Section 2:504 of tlie Revised Statutes of the United States.) application. Land Office at {Date) . IS-. /; •> bereby 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 tliat filed the above application at this office on the — — day of , and that he has takt-n th© oatk and paid the fees and commissions prescribed by law. , Rajitter, [No. 43.] SOLDIER'S HOMESTEAD. (Section ZVA of the Revised Statutes of the UDited Stotes.) AFFIDAVIT. No. . Land Office at -, {Itatt) , 1{^. 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 volunteers; that I was mustered into the Uniteate) , 18—. I, , f»f county, State of , being entitled to the benefits of section 2306 of the Revised Statutes of the United States, granting additional lands to soldiers and sailors who served in the war of the rebellion, do hereby apply to enter the of section , of township , of range , containing acres, as additional to my original homestead on the of section , of township , of range , containing Sicres, which I entered , 18 — , per homestead No. . Land Office at (Date) , 18—. 1, , register of the Land Office at , do hereby certify that filed the above application before me for the tract of land therein described, and that he has paid the fee and commissions prescribed by law. , Register. [No. 45.] ADDITIONAL ENTRY UNDER SECTION 2306 OF THE REVISED STATUTES OF THE UNITED STATES, Land Office at (Date) , 18—. Final Certificate i 5 Application No. . i I No. . It is hereby certifietl that, pursuant to the i)rovi8ion8 of section 23(>6 of the Revised Statutes of the United States, has paid the fee and commissions, and made entry of the of section , of township , of range , containing acres, which added to the quantity embraced in his original homestead No. , on which he has made final proof, as per certificate No. , does not exceed 160 acres. Now, therefore, be it known that, on presentation of this certificate to the Commissioner of the General Land Ofiice, the said shall be entitled to a patent for the tract of land above described. , Register. [No. 46.] INDIAN HOMESTEAD UNDER ACT MARCH 3, 1875. AFFIDAVIT. I, , of , having filed my application No. , for an entry under the provisions of the act of Congress of March 3, 1875, do solemnly swear that I am an Indian, formerly of the tribe; that I was born in the United States; that I have abandoned my relations with that tribe and adopted the habits and pursuits of civilized life; [Jiere state whether the applicant is twenty-one years of age, or the head of a family ;'\ that I desire said land 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 and subscribed before me this day of , 18 — . .Register, lor Receiver.'} 85 [No. 47.] CORROBORATIVE AFFIDAVIT-INDIAN HOMESTEAD-UNDER ACT MARCH 3. 1875. «•'•! *lo solemnly swear that we are well aoqtminted with , a» , of county, , being duly sworn, declare, upon oatli, 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 fol- lowing-described land : the section No. , township No. , range No. , con- taining acres ; that I became acquainted with said land by ; that I have been acquainted with it for years last past; that I have freq;uently paasetl 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 ap- proved March 3, 1877, entitled ''An Act to provide for the sale of desert lands in certain States and Territories;" that said" land will not, without artificial iirigation, produce any agricul- tural 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 dry and arid land, wholly unfit for cultivation without artificial irrigation ; that said land cannot be successfully cultivated without reclamation by conducting water thereon ; that said land has hitherto been unappropriated, unoccupied, and unsettled, because it has been impossible to cultivate it successfully on account of its dry and arid condition ; that it is a fact well known, patent, and notorious, that the same will not, in its natural condition, pro- duce any crop, that the land is the ; that there is no timber growing thereon, but that it is devoid of timber; 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, cinnabar, lead, tin, or copj)er, 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 portion of said land is claimed for mining purposes under the local customs or rules of minei's 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 am not interested in any. way or manner, directly or indirectly, present or prospective, in any application or declara- tion made or to be made for said land, or in the land itself, or in the title which may by any person or in any m.uiner be acquired thereto. [No. 53.] No. . United States Land Office, , 1^. It is hei*eby certified that under the provisions of the act of CongreM approved March 3, 1877, entitled "An Act to provide for the sale of desert lands in certain States and Terriloriee," — has this day filed in this office his declaration of intention to reclaim the fol- lowing-described tract of land, viz: ; that he has proven to our iMttisfaction that the said ti-act of land is desert land as defined in the second section of said act, and that he hu paid to the receiver the sum of dollare, being at the rate of twenty-five cents \wr acre for the land above described. It is, therefore, further certified, that if within three years from the date hereof the said , his heirs or legal representativeH, shall satisfactorily prove that the said land has been reclaiinel depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him mibs<.i .U : is true, willfully and contrary to such oath states or subscribes any material matter which he dow not belivve 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 lalx)r, not more than five years, and shall, moreover, thereafter, bo incapable of giving testimony in any court of the United States until such time as the judgment against him is reverted. [Sw sec. 1750.] [No. 55.] [ The deposition of two witnesses, in this form, taken separately, re^iulred iu each cm*.] FINAL PROOF UNDER THE DESERT LAND ACT OF MARCH 3, 1877. DEPOSITION OF WITNESS. Ques. 1. State your name, age, residence, and occupation. Ans. . Ques. 2. Are you acquainted with , who made desert laud entry No. the day of , A. D. 18 — , upon the ? Ans. . Ques. 3. How long have you known the party who made tliis entry f Ans, . Ques. 4. Have you personal knowledge of this land f Ans. . Ques. 5. Has water been conducted upon the land embracetl in said entry so as to irr{gai*> ajid reclaim the same from its former desert condition to such extent that ihe sftuiv will pro- duce an agricultural crop ? Ans. . Ques. 6. What crops have been raised upon said land in each and every yew sine* Its first entry by , under declaration No. , and by whom ? Ans. . Ques. 7. How many acres have been sown or planted in each year, in what cmpK. and 'i|H.,i what portion or subdivision of the land, and what amount of cropi'have bt^.n pro.luo«l iImm. . j. and by whom f Ans. . 90 Ques. 8. What crops, if any, had been grown upon the land or upon any portion thereof, previous to the entry of thereon? Ans. . Ques. 9. Would the land, or any portion of it, by cultivation without irrigation have pro- duced any agricultural crop whatever, and if so, what crop ? Ans. . Ques. 10. Was there any natural water supply upon such land suflScient to fertilize or irri- gatQ the whole, or any portion thereof, and if so, whafportion ? State fully. Ans. — '■ — . Ques. 11. Has the amount of water conveyed upon said land by in any one season been sufficient to so irrigate the entire tract as to render the same productive, and if 80, what crop or crops would such irrigation produce? Ans. . Ques. 12. Has the whole tract been irrigated and cultivated by iu any one season ? Ans. . Ques. 13. Has each smallest legal subdivision or portion of less than forty acres been irri- gated or cultivated either during one season or different seasons since the date of entry T Ans. . Ques. 14. 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 was it so conducted upon the land, and at what times or seasons? State fully. Ans. . Ques. 15. In what manner was such water conveyed u|)on the land, whether by pipes or ditches, and how was it distributed over and through the soil ? State particularly and in detail, and describe the ditches as to their width, depth, direction through or around the tract, and give the length of each. Ans. . Ques. 16. Has 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 ? Ans. . Ques. 17. How did you become acquainted with the facts relative to the irrigation of said land? Ans. . Ques. 18. Have you any interest, direct or indirect, in this entry, in the land covered thereby, or in the water supply used in its irrigation ? Ans. . {Signature.) . 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 befoi'e me this day of , 18 — . , Begister. , Beceiver. Note. — The oflScer before whom the deposition is taken should call the attention of the \\itne88 to the follow- ing section of the Revised Statutes, and state to him that it is the pui-pose 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 which 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 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 imprisonment, at hard labor, hot 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 reversed. [See sec. 1750.] 91 [No. 56.] DESERT LAND— ACT OF MARCH 3, 1877. Receiver's Final Receipt, No. . Declaration No. Laxd Office at (Date) , 18—. Received from , of county, , the sum of dollars and cent*, being final payment of one dollar per acre for the containing acres, at one dollar and twenty-five cents per acre, the sum of twenty-five cents per acre having been heretofore paid, as per original receipt No. . , Receiver. [No. 57.] DESERT LAND-ACT OF MARCH 3, 1877. Register's Final Certificate No. . Declaration No, Laxd Office at {DaU) , 18—. It is hereby certified that, in pursuance of the act of Congi-ess approved March 3, 1877, entitled "An Act to provide for the sale of desert lands in certain States and Terri- tories," , of county, State or Territory of , has purchased of the regis- ter of this oflSce, and made payment in full for the land described as follows, to wit : , containing acres, at the rate of one dollar and twenty-five cents per acre, amounting to dollars. Now, therefore, be it known, that on presentation of this certificate to the Commissioner of the General Land Office the said shall be entitled to receive a patent for tlie tract of land above described. , Register. [Note.— See original declfiration and receipt, No. — .] [No. 58.] SWORN STATEMENT UNDER ACT OF JUNE 3, 1878. Land Office at (Date) , 18-. I, , of county, , desiring to avail myself of the pravioions of the act of Congress of June 3, 1878, entitled "An Act for the sale of timber lands in the States of California, Oregon, Nevada, and in Washington Territory," for the puix:hase of tlie of section , township , of range : , do solemnly tliat I * ; that the said land is unfit for cultivation, and valuable chiefly for its ; tliat it. is uninhaltited ; that It con- tains no mining or other improvements ; nor, as I verily believe, any Vhhiable de|>o«it of gold, silver, cinnabar, copper, or coal ; that I have made no other application under said act ; that I do not apply to ])urcha8e the land above describeeculation, but in goersons whom- *