UNIVERSITY OF CALIFORNIA LOS ANGELES LAW LIBRARY t m Z3jy CC 'i? ^? II MATTHEWS'S GUIDE SETTLERS UPON THE PUBLIC LANDS, LAND ATTORNEYS, LAND AGENTS, CLERKS OF COURTS, NOTARIES, BANKERS, BROKERS, AND ALL PERSONS INTERESTED IN THE PUBLIC UlAJSTIDS OF THE UNITED STATE AND HAVING BUSINESS BEFORE THE DISTRICT LAND OFFICES, THE GENERAL LAND OFFICE AND THE DEPARTMENT OF THE INTERIOR, PREFACED BY AN HISTORICAL MAP OF THE UNITED STATES, Showing the thirteen original States, with the Territory subsequently acquired, giving the dates and sources of acquisition, followed by a complete and exhaustive statisti- cal history of each of the land States and Territories ; the various State and Territorial laws affecting real property after title is acquired from the United States, the various laws of the United States under which title to the Pub- lic Land can beacquired, viz : The Homestead, Desert Land, Pre-emp- tion, Mining, Townsite and Timber and Stone acts, with the rulings of the Department under each, notes on Railroad grants, con eluding with the Rules of Practice before the United States district land offices, the General Land Office, and the De- partment of the Interior, with amendments to date. WILLIAM B. MATTHEWS, Attorney at Law. (Late Assistant Chief of the Pre-emption division, General Land Office.^ WASHINGTON, D. C. : WILLIAM L. WILSON, PRINTER, 489 Tenth Street, N. W. 1889. Entered, according to the a<-t of Congress, In the year 1889, by William B. Matthews, in the office of ili'- Librarian of Congress, at Washington, D. C. T INTRODUCTION. Brief Historical Sketch of our National and Public Domaln. The public domain or public land of the United States is embraced within its national domain. The national domain, as established by certain treaties with foreign powers, is " the total area of land and water included within the boundaries of the United States," and is estimated by official authorities at 3,581,389 square miles, or 2,292,- •088,960 acres, constituting an empire in extent and national resources greater than that of Alexander's or that of ancient Rome, neither of which it is estimated exceeded 3,000,000 square miles. The original area of the United States, as defined at the close of the Revolution of 1776 by the treaties with Great Britain of 1782-'83, acknowledging our independence as a nation and defining the boundaries of the confederacy, extended from the Atlantic ocean on the cast to the Mississippi river on the west, and from the St. Law- rence river and the Great Lakes and their water connections on the north to the 31st parallel of north latitude, or the northern bounda- ries of the Floridas, on the south. It embraced 827,856 square miles, or 529,827,840 acres, and in 1790 supported a population of 3,637.881, which in 1860 had increased to 14,800,090, and in 1880 to 20,057,808. {See tables below ; also map.) During the administration of President Thomas Jefferson France, by the treaty of April 30, 1803, ceded to the United States the prov- ince of Louisiana, or, as it is generally known, the " Louisiana pur- chase," with an area of 926,149 square miles, or 592,735,360 acres. (See tables below ; also map.) Its cost to the United States is esti- mated at $27,267,621.98. In reference to the acquisition of Oregon Mr. McMasters, in his History of the United States, one of the latest authorities on the subject, main- tains that it formed no part of the so-called " Louisiana purchase.-" He urges : " By Oregon was meant what is now included in the State of Oregon, the Territories of Washington and Idaho, and so much of British America as lies between the Rocky mountains, the parallel of 54°50' and the sea. That part of Oregon within the boundary of the United States has, since the publication of the ninth census, been often 86 >o71CS INTRODUCTION. included in the Louisiana purchase. This is wholly wrong. Never at any time did Oregon form part of Louisiana. Marbois* denied it. Jefferson denied it. There is not a fragment of evidence in its behalf Our claim to Oregon was derived, and derived solely, from the Florida treaty of L819, the settlement at Astoria, the explorations of Lewis and Clarke, and the discovery of the Colombia river by Robert Gray." The area thus acquired was 251,562 square miles, or 160,999,680 acn -. Under the treaty of February 22, 1819, with Spain, during the ad- ministration of President Monroe, the United States purchased east and west Florida, and the Spanish title to any lands north and east of a certain described line heginning in the Gulf of Mexico, at the mouth of the Sabine river, in the sea, and running thence north and west to the 4'2d parallel of north latitude, and the 100° of longitude west from London, and thence westward along said 42d parallel to the South sea or Pacific ocean. (See tables below; also map.) The area thus ac- quired equaled 59,268 square miles, or 37,931,520 acres, at a cost of $6,4S9,768. Under the provisions of the joint resolutions of March 1 and 29, 1845, and the act of December 29, 1845, during the administrations of Presi- dents Tyler and Polk, Texas was admitted into the Union, with an area of 274,356 square miles, or 175,587,840 acres. Subsequently, under the act of September 9, 1850, Texas ceded to the United States its claim to certain lands "east of the Rio Grande, and embraced within the limits of the Rio Grande on the west and south and the boundary be- o the United States and Spain, under the treaty of February 22, 1819, on the east." The territory included in the claim thus ceded equaled 96,705 square miles, or 61,891,200 acres, for which the United States paid Texas $16,000,000. (See tables below ; also map.) By the treaty of Guadalupe Hidalgo of February 2, 1848, with Mex- ico, at the conclusion of the war with that power, during the admin- istration of President Polk, the United States, while establishing the Rio Grande as the western boundary of Texas, acquired in genera] terms all the territory extending west from the western boundaries of the province of Louisiana and Texas to the Pacific ocean between 33d and 42d parallels of north latitude. The area thus added to the na- tional and public domain was 522,568 square miles, or 334,443,520 It- cost under the treaty was §15,000,000. (See tables below; • map.) Subsequently, under the treaty of December 30, 1853, with Mexico, commonly known as "the Gadsden purchase," during the administra- tion of President Pierce, the United States acquired the Messilla valley, or an area of 45,535 square miles, or 29,142,400 acres, at a cost of $10,000,000. (See tables below; also map.) • M. Barbe n W»e part of ihe treaty of Apr 180, i- feeding tii" province of Louisiana to tin* united mii>-' quently the author <>f a " History of Louisiana and <f t ho western [Paelflc] ocean were eerlainly never meant tobecom- I : INTRODUCTION. V And by the treaty of March 30, 1867, with Russia, during the ad- ministration of President Andrew Johnson, Alaska was added to the national and public domain, including an area of 577,390 square miles, or 369,529,600 acres, and costing $7,200,000. • Cession by the States to the United States. The opposite or rival claims of several of the original thirteen States to the ownership of vast tracts of unoccupied lands in the western country growing out of the " ill-defined and often-conflicting grants made by different sovereigns of England to colonies and colonists," gave rise under the confederacy to disturbing questions of a very serious nature. They menaced " the peace and safety of the States to be included in the Union." It was urged, as in the Delaware reso- lutions presented to Congress on February 23, 1799, that all the unoc- cupied or vacant lands which " hath been or may be gained from the King of Great Britain or the native Indians by the blood and treasure of all," "ought to be a common estate, to be granted out on terms beneficial to the United States." Hence, Congress, at its session of September 6, 1780, " earnestly recommended " to the several States having " claims to the western country," as a means of " establishing the federal Union on a fixed and permanent basis," to make " a liberal surrender of a portion of their territorial claims," " for the general benefit." Accordingly, in pursuance of this recommendation, New York ceded her claim to the United States on March 1, 1781 ; Virginia on March 1, 1784, and December 30, 1788; Massachusetts on April 19, 1785; Connecticut on September 14, 1786, confirmed May 30, 1800 ; South Carolina on August 9, 1787 ; North Carolina on February 25, 1790 ; Georgia oh April 24, 1802. And on July 13, 1787*, Congress adopted " an ordinance for the government of the territory of the United States northwest of the Ohio river." (See tables below ; also map.) * Repealing resolutions of April 23, 1784. 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"*«, hq ~ o c - =^ < I 1 i. - « ~ ; * i — 8 « & ™ .5 a « i. 5 121 "u " - O H all ts — .t: t; >*> JL"?. — . ? i -. - - eo 05 — -r -. ~. i - — -r <-» - i- -- rf cc :: — m :: -r SODrJ — St - ? c-5 fc~ — . / — ■ ss ~ — /"- •." - : : i U5 Ci5 l-^rui COl~ a : - - Z ~ = u X «s§a 2 = = H J ? l| g * c — j ~ ^ A K m S S S ^< V io co r> 00 ci o 3 u , 3 S ■ — J* § 5 9 2i 2 Ida J t fc< a : =*« oJ =i c 2 -3 £■5" P h 2 £ 5 o 9 axZi c >: si Mfl C. ' HS^7?J INTRODUCTION. IX S oco i -h; ©«5a6 56 o co 0)" » 3^=35 ~ S«£ ^ CO cj O® CO Cj 1* SQOQOQ 2 <3 d .- d a ^cs „ .a Sf2 y *^CMcq " SdOcnH 5jj 9 3 £ ° ft ,* 3. O-X -T cu 03Q5O3 INTRODUCTION. A'/.' APITULATION. Territorv ceded bv Great Britain under treat »wlt: Original 13 Stales District of Colombia Northeastern Territory Northwestern Territory Southwestern Territory Total Province of Louisiana (Louisiana pur- chase, France— 1803) Florida purchase (Spain— 1819) Oregon (discovery, exploration, settle- ment, ami treaty Texas (annexation— 1845) Texan purchase (1850) Guadalupe Hidalgo (Mexico, commit — 184S) Gadsden purchase (Mexico— 18o3) ... Alaska (1567) '• Grand total 3,581,889 Total areas. In square miles. 341,752 00 •i.Vjrj 175,258 In acres. 218,721,280 38,400 28,935,680 112,165,120 926, 59, ■J-.l 274, 96 522 4". 149 582 356 7U~. 568 529,827,840 692,786,860 1,520 160,990,680 -:>in - ■•1,200 ; ; 1,620 29,142,400 869,629,600 2,292,08S,960 Of which areas 976.626,672 acres had been surveyed up to June 30, 1888, leaving an area of 838,877,475 acres unsurveyed. Data for the columns of areas in these tables were obtained from a work ( Thr Public Domain ; Us Hxdory, etc., 1884,) published by the Government ; also from the Annual Report* of the Commissioner of the General Land Office and other United States official authorities. In the text of the present work, in cases where the federal estimates differ from State reports as to areas, the latter are sometimes followed; but assuming that the estimates of the United States government reports are approximately correct, the reader is referred for the oliicial areas, for population in 1SS0. and for interesting historical matter to the above tables. Public Land States or Territories. The public land States and Territories lie mainly between the 49th and 25th degrees of north latitude and the 85th and L25th degrees of Longitude west from London. In all of them, during the last five years, every element of industrial progress has greatly advanced. The population of all hassteadily increased. Indian wars or raids are prac- tically evils of the past. The Indians themselves, coralled in reserva- tions under strong and Lntelligenl government, are instructed in the •• white man's wavs," in the walks and arts of civilized life, prepara- tory to tli' ir settlement in severalty on the lands they now occupy in the reservations. Educational Bystems, including public schools of llcnt character well supported, and universities and colleges of instruction in science and every other department of learning, have long existed In all, as also excellent institutions for the amelioration of the condition of the afflicted, the unfortunate or the needy. INTRODUCTION XI The Emigrant's Opportunities. Embracing every variety of soil and climate favorable to the profit- able raising of all farm products from the semi-tropical to those of the extreme north temperate, and to stock culture (cattle, horses, sheep, and hogs), as also wool, with the precious metals, iron, coal, lead, cop- per, and other minerals of every known variety — some of them, like iron and coal, those great conservators of civilization and wealth, in practically inexhaustible quantities — and liberal laws, national and local, relating to the land, mining, taxation and citizenship, these public land States and Territories open out splendid opportunities or possibilities to the capital, enterprise, industry, and thrift of all classes of emigrants. Manufactures are no longer confined to the eastern and northern States. Their empire is rapidly passing, and permanently, to the great west and south. Everywhere throughout the west, indeed, in ever}'- State and Territory, as in some of the States south and south- west, manufactures and the mechanic arts have made and are making rapid advances, adding greatly to the wealth, prosperity, and comforts of the people, and the eleventh census of 1890 will doubtless in that* and other important features furnish many gratifying proofs of the grand industrial progress of those sections. Private Land Claims. But there are a number of causes which operate against or circum- scribe the opportunities of the bona fide settler. In Louisiana and several of the Territories, and particularly in Arizona, California, and New Mexico, are " private land claims," many of them fraudulent but supported by powerful interests, of pretended ancient dates, extending back in their alleged origin to grants from France, Spain, and Mexico prior to the cession of the territory to the United States, and some of them, like the notorious " Peralta," in Arizona, embracing immense areas. The land, millions of acres, included in these claims, are neces- sarily segregated from the public domain, and so continue for indefi- nite periods, even if any of the land is ever again thrown open to set- tlement under our homestead and other land laws. Settlers are thus excluded from some of the richest of the public lands, in the most favored climates, or if successful in " squatting " upon the land thus segregated, it is only at the peril of being evicted and their improve- ments, the fruits of their capital and labor, confiscated, or of being com- pelled to ransom these at such prices for the land as may be arbitrarily imposed by the private land claimant if he succeeds in obtaining pat- ent for his alleged grant. And apparently no appeal, either by settlers or federal or State officials, or by all combined, to Congress, exposing this injustice and its malign effect upon the most vital interests of the Territory or State in which it exists, and praying a remedy or relief, has any influence on that honorable and sapient body. Xli INTRODUCTION. 1 >] 8ER1 Lands. In the States of California, Nevada, and Oregon, and the Territories Arizona, Dakota, [daho, Montana. New Mexico, Utah, Washington and Wyoming, are Large areas of what are called "desert lands.*" upon which in their present condition no farm crop can be grown: probably much of these lands will remain permanently worthless for purj Lgricultnre. They certainly now are a great obstacle to settlement. B il the surveyor-general of Nevada, in his latest annual report to the Genera] Land Office, urges that "the desert lands" in that State, •• now unproductive and worthless." may. by a proper system of irri- gation, be made the richest and most productive lands to be found any where in the United States, and he estimates that from 15,000 to 20,- 000 square miles of these now worthless lands in Nevada may thus he converted into richly productive areas. Experiments to obtain the requisite supply of water for purposes of irrigation by means of artesian wells, resorted to in some localities, have been abandoned as practical failures; but hundreds of miles of irrigation canals and ditches in the Territories have been built and others are building by private enterprise at heavy cost, fertilizing mil- lions of acres of hitherto unproductive wastes, and rendering their settlement and cultivation possible and profitable. In Maricopa county. Arizona, up to June 30, 1888, the canals and ditches com- pleted and in operation had cost 82.000.000, and others building would probably cost an additional million. In Pinal county, in the same Territory, 148 miles had been constructed, and 77 miles were building, at a cost of from 81,000 to $4,000 per mile. At Walnut Grove, in Ya- vapia county, Arizona, a dam 100 feet high has been constructed holding in reserve a large body of water, to be utilized for mining purposes, and so in other counties. These facts illustrate the enterprise, activity, and capital at work in the Territories. It is estimated that the annual rainfall, if properly husbanded, is more than sufficient to irrigate all available lands for agricultural pur- -. "Nature," -ays Mr. II. II. Logan of Arizona, " has done every- thing but put in the key to hold and store large quantities of water for summer use," and hence there is a general advocacy of a system of storage reservoirs for the necessary water supply. The storage of water, as demonstrated in Arizona, is no longer an experiment, and appropriations and engineers are asked of the government for the struction of reservoirs or dams for the purpose of storing the waters from the melting snow along the mountain ranges. In the meantime d( sert land entries and declarations of lilini_ r s annually increase. Unsuuvkvki) I'nu.ic Lands. The Commissioner of the General hand Ollice, Hon. S. M. Stocks- iager, in a letter dated February 11. 1888, declan - : Xlll INTRODUCTION. A glance at the official map of Idaho quickly discloses the fact that a large portion of the Territory is unsurveyed, nowhere penetrated by even standard, parallel, and meridian lines. Throughout much of this unsurveyed region ex- tensive, fertile, and irrigable lands are being settled up in good faith under the " homestead " and other laws enacted for the sole purpose of encouraging such settlement. They [settlers] are constantly soliciting public surveys, which if made would prevent contentions and sometimes bloodshed. In "many cases they cannot inform this office definitely as to the townships in which the lands are situate, and frequently cannot even approximate such locality with refer- ence to surveyed lines. And fraudulent, inaccurate, and imperfect surveys, many of which exist in California and other States, as also in some of the Territories, create like confusion or ignorance as to the situation of the land, and equally militate against the prosperity and peace of individuals and communities. The neglect or refusal of Congress for many years past to authorize by adequate appropriations the necessary surveys or resurveys of the public lands is reprobated by Surveyor-General Julian, of New Mexico, in his latest annual report to the Commissioner of the General Land Office, as " inexcusable folly and wrong," as " systematic niggardli- ness," " indefensible and suicidal," and as " sacrificing the prosperity and enduring interests " of the public land States and Territories " on the altar of a false economy." Advice to Emigrants. These are some of the principal disabilities which operate against the emigrant or settler on the public lands. All consequently, in the purchase or settlement of land, must exercise considerable vigilance if they would avoid the annoyances and losses which they entail. The following advice, modified somewhat from a pamphlet entitled "All About California" etc., and published by the California Emi- grant Union, will be found valuable by emigrants, especially by those going into a strange country or not accustomed to travel : 1. Buy your tickets for passage on railroad or steamboats only at the office before _ starting. Many of the runners who offer tickets for sale in the streets are swindlers. If you intend to go in a steamer or ship examine the vessel be- fore getting your ticket, and engage a particular berth or room in a part of the vessel that is clean, well ventilated and just comfortably warm. 2. Never show your money nor let any stranger know that you have any. Thieves prefer to rob emigrants, who generally carry money with them, and cannot stop to prosecute them, and have no acquaintances to" aid in the prose- cution. Do not mention the fact that you are an emigrant to persons who have no business to know it. 3. Never carry any large sum of money with you. You can always buy drafts at banks, and if you are going to a strange place you can give your photograph to the banker to forward to your destination, so that you can be identified with- out trouble when you want to draw your money. 4. Avoid those strangers who claim to be old acquaintances and whom you do not recollect. A certain class of thieves claim the acquaintance of ignor- ant countrymen whom they want to rob. 5. Do not drink at the solicitation of strangers. The first point of the thief is to intoxicate or drug his victim. [NTRODUCTION. XIV 6. I'" not play cards for money with Btrangers. In many cases they confeder- ate to rob emigrants. :. Travel in company with old friends if possible, and do doI leave them. Thieves prefer to take their victims one al a tune. 5 if ' i see anybody pick up a full pocket-book and he offers it to you for a small Van i. or if you see some men playing cards and you are requested to bet en -Mine point w here it Beems certain that you must win. or if you Bee an auc- tioneer selling aline gold watch for five dollars, don'l let them catch you. 9. It', when you arrive in a strange place, you want information and ad vice. you can always get it by applying at the right place. First apply at the office of the Immigration Society if there is cue. It' you are a foreigner you will probably lind in the large cities a consular office or a benevolent society of your countrymen, and y< iu can apply there. Usually, there are attentive and polite men at the police offices. Public officers generally in the United state are ready to assist and advise strangers. 10. Before starting from home carefully read all the accessible booksabout the State or Territory to which you intend to go; and when you arrive go to place where you can find old friends if you have any. If you are ) r commence work immediately, but do not be in a hurry t<> buy or settle on land unless with tin.- approval of men whom you can trust. Take a mouth or two t information about the country. Advice about the purchase of land is often given with corrupt motives. It is very seldom that anything i- losi by a delay of a week or two in closing a bargain for land, though the seller will frequently say that somebody else is just going to take it. But do not delay to purchase.' if you have the means, or to settle on public lands, for more than two or three months: it is always cheaper for you to live on your own land. 11. Engage in some business with which you are familiar; and if it> condi- tions are different from those to which you are accustomed commence slowly, - to learn at little expense. The agriculturist from Europe or the Atlantic State- must learn anew many things in his business in the west, south and southwest. 12. Never fear failure at farming on your own land if you live « oomically, work hard, and select your place well. 13. It is better to be very poor for a few years on your own land than to be moderately poorasa tenant for others. It. In selecting: a home look ahead. Care more for ultimate than for imme- diate success. Wlniever there is a large district of fertile soil with a good cli- mate you can confidently settle down. It must fill up and the land must rise iii value. The fewer the people the better opportunity you have to select the most desirable spots, and when immigration comes in the greater will lie the relative increase of population. 1"). Before finally fixing upon a place to settle in a State or Territory, examine what the average rainfall i-: whether there are facilities for irrigation; what are the average temperatures of the planting and cropping seasons ; whether it is exposed to floods ; whether fevers are common ; whether it is in or near the Lines of any railroad Likely to he built soon, and whether tin- soil is adapted to the cereal-, the vine or fruit-, cattle raising, etc. To the Hon. Luther Harrison, Assistant Commissioner GeWl Land Office. Sir: As my original appointment in the General Land Office was due solely to your influence during your able administration of the office of Assistant Commissioner, I beg leave to inscribe this little vol- ume to you. It is gratifying to me, in expressing my acknowledgment for your approval of this publication, to record the respect and esteem with which I, in common with all who were connected with you in official life, entertain for your impartial administration of the various offices you have filled — for your uniform courtesy and generous kindness. With gratitude and regard, I have the honor to be Very sincerely yours, William B. Matthews. ERRATA: line ZL for •• 1852," read 1853. < m page 9, line 19, for "81,000,000," read over $3,000,000. < in page 15, line 4 from bottom of page, for " February 28," read February 2. i mi |i.ij;i' 21, line 7 from bottom of page, for "February 28," read February 2. line 14, for "243,910," read 194,327. On pngc 30, line 4 from bottom of page, under the beading of " No Man's I^and," it is ■■ Its niiiy occupants a few intruding cattlemen." Hut since printing that state- ment it lias been ascertained from reliable authority that every acre of its lands has been appropriated by "squatters" in anticipation of the lands being thrown by govern- in. nt i ipen to settlement under our land laws. On page 48, line 28, for "1804," read 1805, and on same page, line 29, for "January 12,'' read A < in page 58, line 10, for " l788-*88," read 1781 'i!, • - for "1783-'88," read 1781-'88. On page CO, line 3, for " menancing," read menacing. On page 78, line 15, for " 1884," read 1880. On page 92, line 44, for "798,180," read 44,790,100. M E js: z MATTHEWS'S GUIDE. ALABAMA: A word meaning, according to a Creek Indian tradition, " Here we rest!" Formed out of territory ceded by South Carolina in 1787 and by Georgia in 1802 and by Spain in 1819 to the United Stati is. Origi- nally a part of Mississippi Territory. Eastern part of Mississippi Territory made by act of March 3, 1817, into a separate Territory and called Alabama. The people, having framed a constitution under the enabling act of March 2, 1819, Alabama was admitted as a State December 14, 1819. Seceded January 11, 1861 ; readmitted June 25, 1868. Area: In square miles, 50,722; in acres, 32,462,115. Montgomery is the capital ; population, 16,713. Mobile the metrop- olis ; population, 29,132. Huntsville the northern trade center ; pop- ulation, 4,977. Selma an important railroad center; population, 7,529. Counties, 66. Population of State estimated (1887) at 1,500,000. Great number of valuable waterways drain every region. Nearly all the rivers navigable ; inland steam navigation exceeds 2,000 miles, furnishing valuable channels of commerce for the products from the mine, the field, and the forests to the markets of the world. Mean annual temperature of State, 64.58° F. Mean temperature for the seasons : spring, 63.9° ; summer, 79.5° ; autumn, 64.5° ; win- ter, 54.4°. Extremes of temjDerature comparatively rare. Average rainfall for State, 55.04 inches. Of this 13.86 inches fall during spring, 14.07 inches during summer, 14.70 inches during au- tumn, and 16.37 inches during winter. Climate balmy and healthy. Fruit trees blossom from February 1 to March 1. Soils of every possible variety from the thinnest sandy land to the richest alluvial. State divided into the Cereal, the Mineral, the Cotton, and the Timber Belts. Cereal Belt extends across the northern boundary of the State from east to west and embraces the famous Tennessee Valley and its tributaries. A most lovely region ; soil rich and productive. Principal crops : cotton, corn, wheat, oats, sorghum, and sweet po- tatoes. 2 IIATTHEWSS GDH ■ •hard products, apples and peaches, grown in vast quantities. Grapes, wild fruits, and berries in the greatest profusion. Abundant water power, coal, timber, etc. Ample facilities for the manufacturer, the farmer and the horticul- turist The Mineral the largest of the lour belts, including 28 counties and covering more than one-third of the Sta irees practically inexhaustibli : stone, coal, iron, and all the minerals kii<>wn to art. < tc. Three great coal-fields: The Warrior, the Cahaba, and the Coosa. Warrior coal-field, one vast body of coal. 7,810 square miles in area. Available coal estimated as equaling 500 square miles, with 75 .u thickness, giving a Mock of coal 75 miles long by 50 miles wide and li> feet thick, furnishing a supply of coal for 1 < »._!7- > years at the rate of 10,000 tons per day. Coal adapted to the production oi nd strain: also fitted for domestic purposes and the blacksmith .shop. Also excellent coking coal. Cahaba coal-field, south of the Warrior: long worked; coal fa- mous as a domestic fuel. Covers an ana of over 400 squan miles, and it- measures are estimated al 5,000 feel thick. Estimated output, 10,000 tons pi r day for 1 .1"<> years. 1 ••■-a coal-field estimated as covering an area of 100 square miles, with a daily output of 10,000 ton.- for 165 years. Also iron in numerous beds and immense quantities, and tin, cop- per, l'-ad. asphalt, etc. The Cotton or Black Belt lies directly south of greal Mineral Belt, extending from easl to west, from limit to limit, ofSl Area, 13,610 square miles. A prairie region broken by districts of timber. Soil in richer por- tions of black or dark color, containing a greal deal of lime. En- d transportation facilities. All principal rivers of State, except the Tennessee, flow directly through this belt ; also penetrated by the railway systems. Unsurpasf farming region: wheat, rye, oats, tob hum. BUgar cane, Irish and Bweet potatoes, rice, and peanuts are pro- duced in -rent readini The Timber Belt lies directly south of the Cotton or Black Belt, and north of Gulf of Mexico, it- immense forests its peculiar glory. I'.ut it- Buperb timber and great timber wealth nol its only character- Surface undulating, with level plateaus or table lands. Surface soil of a sandy nature, capable of producing cxcellenl crop-. Bottoms and adjacent lands very fertile. Soils peculiarly adapted to rooter fruits and vegetables. Sugar cane, potatoes, yams, melons, apples, pears, apricots, grapes, berries of every sort, pecans, pome- and figs all thrive, and yield in proportion to the labor and care on them. Wild fruits in thousands of bushels grow in the for< MATTHEWS S C4UIDE. 3 i Also adapted to stock raising. Grasses and clover, wild and do- mestic, in inexhaustible abundance A GRICU I/TURAL STATISTICS: No. of farms in 1S80, 135,894; total land in farms, 18,855,334 acres ; improved land in farms, 3,375,700 acres ; average size of farms, 139 acres ; value of farm-. 178,954,648. Average value of land per acre: cleared land, $6.53 ; wood land, $4.08. Farm products of 1880: Indian corn: Product, 28*898,00,0 bushels: average yield per acre, 12.1 bushels; area of crop, 2,393,036 acres; value per bushel, 60 cents; total valuation, 817,33.1,800. Wheat: Product, 1,529,000 bushels; average yield per acre, 6.9 bushels ; area of crop, 222,704 acres ; weight per bushel,. 58 pounds'; value per bushel, §1.07 ; total valuation, $1,636,030. Rye: Product, 44,000 bushels; average yield per acre, 7.3 bushels; area of crop, 0,059 acres; value per bushel, §1.20 ; total valuation, §52,800. Oats: Product, 4,718,000 bushels ; average yield per acre, 11.5 bushels ; area of crop, 409,807 acres ; value per bushel, 62 cents ; total valuation, $2,925,160. Barley : Product. 7,000 bushels; average yield per acre, 11 bushels; area of crop, 636 acres; value per bushel, 93 cents ; total valuation, §6,500. Potatoes: Product, 014,000 bushels ; average yield per acre. 65 bushels; area of crop, 9.447 acres; value per bushel, 95 cents; total valuation, §583,300. J lay : Product, 31,000 tons; average yield per acre, 1 ton; area of crop, 31,000 acres ; value per ton, §13.50 ; total valuation, §418,500. Cotton : Product, 752,220 bales ; average yield per acre, .220 ton ; area in crop, 2,823,718 acres ; value per pound, 8 cents 3 mills ; total valuation, §30,407,917. Total area in crop of 1880, 5,896,407 acres ; total valuation of farm products, §53,426,017. _ Farm animals : Horses : number, 130,853 ; average price, §82.54 ; value. §10,800,825. Mules: number, 137,095 ; average price, §87.01 ; value, §11,980,525. Milch Cows: number, 290,787 ; average price, §15.40 ; value, §4,570,520. Oxen am! other cattle : number, 445,139 ; average price, §9.41 ; value, §4,187,si'5. Sheep: number, 310,022 ; average price, §1.46 ; value, §453,135. Hogs: number, 1,376,- 148; average price, §3.39; value, §4,001,014. Wages per month by the year of farm labor (1886) : Without board, 813.59 : with board, §9.49. Day wages in harvest : Without board, 97 cents ; with Ik »ard, 72 cents. Day wages of ordinary farm labor : Without board, 72 cents ; with board, 53 cents. Dairy products— -1880 : Milk, 267,387 gallons ; butter, 7,997,719 pounds ; cheese, 14,091 pounds. Manufactures (1880) : Number of establishments, 2,070; capital, §9,008,008; average number of hands employed, 10,010; total wages paid, §2,500,504; value of materials. §8,545,520. Manufacturing products— (value in 18S0) : Cotton goods, §1,352,099 ; flour- ing and grist mill, $4,315,174; foundry and machine shop, §293,091; iron and steel, §1,452,856; lumber, sawed, §2,049,034 ; tar and turpentine, §372,050; all other industries, §3,130,009. Total value of manufacturing products, §13,565,193. Excellent public school system well supported! Total assessed valuation in 1880 of real estate and personal propcrtv. $122,867,228. Railroads, June 30, 1887: Mileage, 2,441.70; total track, 2,715.01 miles ; locomotives, 224 ; total revenue cars, 5,475. State elections biennial first Monday in August ; congressional and presidential elections Tuesday after first Monday in November ; sena- tors, 33 — representatives, 100 ; sessions of legislature biennial in 4 MATTUKWH 8 GUIDE. ••v« n numbered war,, meeting Tuesdaj sond Monday in No- vember; limit of session, 50 days; term of senators, l years — of sentatives, 2 j Electoral college, 10. 1 interesl rate, s per cent. ; usury forfeits entire interi -t. Law- IN Km 1TIOS DO DEEDS, DOWER, DbSCENI AND DISTRIBUTION OP PBOP- . Married Women, Mechanic's Liens, Mortgages, and Wills. Di i D8.— All persons of the age of twenty-one yean, not under legal Incapacity, may lands, or any Interest therein, Immediate <>r future, certain or uncertain, <>r may bywiU. (Code of \\>. 2144.) A married woman. If over the age of nay convey her own lands, or release* her dower In t lie lands ox her » i • l . Alienations of l inds, or of any right <>r Interest therein (other than ol the- homestead), " must be written or printed, en parchment or paper, and musl be signed al the fool by party or his or her agent having written authority; or If he Is not able to sign his ii 'inc. Up d his name must be written for him, with the words 'his mark' written • r it. The execution of such conveyance musl be attested i>> ■ party cannot write, by two witnesses who are able to write, and who musl P impb Acts. 1884-85. p. 1 11. > The wife may relinquish dower by Joining with the husband In a conveyance atfa by m iknowledged before an officer having authority to take acknowl- ir subsequent to a conveyance by the husband, by an instru- ■ in writing n the presence of two attesting witnesses, or acknowledged before an officer having authority to take the acknowledgment of conveyances. (Famph. In conveyances of the separate estate of the wife, the husband must Join. (Code of Acknowledgments and proofs of conveyances may be taken byjudges ol the supreme i their clerks, chancellors, and registers in chancery, Judges of the eouii - of pi ices of the peace, and notaries public. If taken in other States of the United States, they may be taken i>y Judges and clerks of any federal court, Judges I in any State, notaries public, or commissioners appointed by the rnor of Alabama. Beyond the limits of the United States, such acknowledgments may be taken by the Judge of any court of record, mayor, or chief magistrate ■ •r any city, town, borough, or county, notaries public, or by any diplomatic, consular, or commercial agent of the United states. (Code of Ala. i- 2155, 2156 | Powi rs of attorney to convey property may be proved or acknowledged In the same er, and must be received as evidence to the same extent as conveyances. it the grantor is unknown, his or her identity may be established by <\ Idence satisl ic- lo the officer taking the acknowledgment i eds.— Mortgages of real or personal property are usually executed with ersofsale. Such powers of sale can be executed by an assign • persona] repre- . any person who by assignment or otherwise becomes entitled to the money - of tru-t are in use, ami In many respects are more available, especially for non-residents. DlBTBTBTJTIOH OF Ili:\r. AND PEBSONAL PROPERTY.— (Bev. Co tg ) -'J'lie real and personal estate oJ persons dying bje -t to the paymenl of debts, the charges against the estate, and the v. rer: 1st. To the children of the intestal • their descendants, m equal parts; when there Is no child or < child, the widow takes one-half of the per- Lf more than one and not more than four children, she takes a child's part; am/if more than i ut children, she takes one-fifth of the personal estate. 2d. If [here are no children or their descendants, the estate descends to the brothers and sisters or their descendants in equal parts. 8d. If there are no children or their descendants, no brothers or sisters, or their descendants, then to the Bather, if living ; if not. to the mother. And If none of these, then to the nexl of kin in equal degree in equal parts. If lations, then to the husband or wife, if capable of taking; and If no relations and no husband and wife, the estate esche its to the state The lineal descendants In equal ■ their ancestor taking the --hare to which be would he en tit led it living. imongcoll oepl with the descendants of the brotn- ite. The degree musl be computed according to the civil law. mode between the whole and the half blood in the same degree, unless to the Intestate byde cent, devise, or gifl from or of some one of liLsai e all those who are not of the blood ol such ancestor ai ii the inheritance ost I base of t be Bart bildren of the Intestate Inherit as it horn m bis life-time. Norighl of Inheritance accr i unless I irn at the death of the Illegitimate children inherit of their mother in whole or in part as if born In wedlock. When iho next "i kin from alienage are Incapable of taking, the estate desci ada to the citizen of the United States. Where an inbei eral, they take as tenants in common. ■ having a separate estate die, the husband Is entitled to one-half bsolutely and to the use of the realty during life, unless . ■ I of all control over It by decree of the chancery court. MATTHEWS S GUIDE. 5 DowEB.~The wido\v is entitled to dower of all lands of which the husband was seized in fee during the marriage, or to which another was seized in fee to liis use, <>r to which at the time of his death he had a perfect equity, having paid the purchase-money thereof. The quantity of her dower interest is as follows: When the husband dies leaving no lineal descendants, and his estate is solvent, one-half of all his lands for life; If his i is insolvent or he leaves lineal descendants, one-third part thereof. (( lode of Ala. \ 2232 etseq.) Relinquishment of dower. See Deeds. Exemptions.— The personal property of any resident of this State, to the value of one thousand dollars, to be selected by such resident, shall bo exempted from sale on execution or other process of any court issued for the collection of any debt contracted since the 13th day of July, 18G8. Every homestead, not exceeding eighty acres of land, the dwelling and appurtenances thereon, to be selected by the owner, and not in a city, town, or village, or in lieu thereof, at the option of the owner; any lot in a city, town, or village, with dwelling and appurtenances thereon, owned and occupied by any resident of the State, and not exceeding the value of two thousand dollars, shall be exempted from sale on execution, or any other process from a court, for any debt com racted since the loth day of July, 1SG8. The right of exemption hereinbefore secured may be waived by an instrument in writing, and when such waiver relates to realty the instrument must be signed by both husband and wife, and attested by one witness. Such exemption does not extend to any mortgage lawfully obtained; but such mort- gage or other alienation of such homestead, by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same. The homestead of a family, after the death of the owner, is exempt from the payment of debts contracted since the 13th of July, 1808, in all cases during the minority of the chil- dren ; or if the owner dies leaving a widow and no children the same shah be exempt for her benefit, and the rents and pro lits thereof shall inure to her benefit. This exemption does not extend to cases of laborers' liens for work done and per- formed for the person claiming such exemptions or on a mechanic's lien for work done on the premises. (Constitution, 1875.) Exemption by Statute. (Code of Ala. § 2820.)— The personal property of any resident of this State, to the value of one thousand dollars, to be selected by him. The homestead of every resident, not exceeding one hundred and sixty acres of land, and appurte- nances thereon, not exceeding two thousand dollars in value, owned and occupied l>\ such resident, to be selected by the owner thereof, or, in lieu thereof, any lot in a cil v, town, or village, with the dwelling and appurtenances thereon, said lot not to exceed two thousand dollars in value. This exemption does not prevent a laborer's lien for work done and performed for the person claiming an exemption, nor a mechanic's lien for work done on the premises. No mortgage or other alienation of any homestead ex- empted by this act, by the owner thereof, if a married man, shall be valid without the voluntary signature and assent of the wife, acknowledged before a supreme or circuit court judge, chancellor, judge of probate, or justice of the peace. The wages, salaries, or compensat ion of laborers and all employees for personal service, to the amount < >f twenty - five dollars per month, are exempt. The homestead of a family, not exceeding in value two thousand dollars, if in any city, town, or village, and not exceeding one hundred and sixty acres in quantity, and two thousand dollars in value, when the same is not in any city, town, or village, after the death of the owner thereof, and personal property to the value of one thousand dollars, of any resident of this State, after his death, is ex- empt from the payment of debts, provided such decedent leaves surviving him a widow or child. In addition to the exemptions heretofore allowed, there are the further exemp- tions of the wearing apparel of the deceased, the wearing apparel of the widow and children, all yarn and cloth on hand intended for their use and consumption, the familv bibles and books, all family portraits and miniatures, and such grain, stores, and groc- eries on hand as may be necessary for the subsistence of the family for twelve months, all of which is to be set apart by three disinterested persons, to be selected, two of them by the widow, if there be one, and one by the judge of probate, and if there be no widow, then by three such persons to be appointed by the judge of probate, and turned over to the family forever free from administration and the debts of the deceased; and any live stock necessary for the subsistence of the family may be killed for their use at any time before the final settlement of the estate. In addition to the above there are exempt lots in cemeteries or elsewhere used for burial places, pews in churches, all necessary and proper wearing apparel for each mem- ber of the family, all family portraits, and books used in the family. Any resident of the State may waive, by an instrument in writing, his claim for the exemption of any property which is now or may be exempted from sale on execution or other process of any court, issued for the collection of any debt contracted either since the 13th day of July, 1868, Or alter the 5th day of December, 1875. (Const, art X. passim, p. 145; Code of Ala. § 2846.) Any person entering into a written contract or other obligation may in writing waive his exemptions, either in whole or in part, specifying the part to which the waiver applies. Such waiver, if it relates to personal property, may be included in the contract or other obligation, and the intention to make the waiver must be clearly expressed; but if the waiver relates to realty, it must be made by a separate written instrument, signed by both husband and wife, if the resident has a wife, attested by one witness; and if the waiver is by a married man of the homo lead right, or any part thereof, it must contain the voluntary signature and assent of the wife, whose separate acknowledgment must be taken and certified as in the case of a convey- ance of a homestead. (Const, art. X. g 7, p. 145 : Code of A la. \ 28 17. ) Makkied Women.— What was known as the Married Woman's Law in Alabama, embraced in Code of 1876, from section 2704 to 2732 inclusive, and adjudicated by many decisions of supreme court, was repealed by act February, 18S7. That act defines the rights and liabilities of husband and wife as follows: g 1. All property of wife at marri- C, U LTTHEWS S GUIDE. >r to which she may beoome entitled afterwards. Is her separate property and not subject to the liabilities of the husband. \2. The earnings ol wife are her separate esl tte, but she Is not entitled to compensation for services for husband or famllj . ■■ . ah uain- for injury to person or property are ber separate estate. n-.t liable for contracts made or torts committed before marriage; wife remains Habi, 5. Kusbandnol liable forwife's contract after marriage, nor for torts committed by her, unless he participates ; wife alone Is liable for contracts made by ber with consent ofhusband. j Wife has mil legal capacity to contract as u sole, with written assent of husband. 7. Wife must buo alone at law or equity, and be sued alone upon all contracts made by her, ortorta committed. g& Wife cannot alienate binds or Interest therein without husband joining. In conveyance. • ■ li husband be ««* - abandoned wife, is a non-resident of the State, or Imprisoned under wife mayalienate her lands as if sole. Personal property may be dis- . husband and wife by parol otherwise, If living apart, or husband now i itasifsole. 89. Husband and wife may contract directly with :i transactions between them are sublecl to rules <■! law as to persons in confidential relations. Wife cannot directly or Indirectly be< te the suretj ol her hus- band - l" Wife may carry on business in her own name upon filing in probate court in county of their residence written consenl ofhusband. Husband's consent nol necessary in case of unsoundness of mind, abandonment <>t' wife, or non-residence In State. li. \ll property of the wife acquired in any manner and from any person is her separate estate, subj eel to the provisions of this act. Exception: Property conveyed to an active The wife having no ■ 3tatc where the husband dies leaving no lineal descen- dant and his estate Bolvent, i- entitled to be endowed of one-half; or, n he leaves lineal ndants or his estate insolvent, one-third of all landsthe husband died Beized in this death Interest in his land at e s' rentof the dower Interest, she Is not entitled to dower in or distribution of, her husband's estate. If her separate estate Is less than such dower, Interest, and distributive share, estimated as above, she is entitled to so much as will make it equal. „ v woman attains her legal majority at the end of twenty-one ye its She may marry without the consent of her parents at the age of eighteen years. Mi in vnic's Lien.— Every mechanic or other person who performsany work or labor, or furnishes any materials or fixtures, erection or Improvement on land, or does any repairin i the same byvlrtueofa contract, has a lien on Buch building or Iinpi t and upon the land on which It Is situated to the extent of one acre. 'I heori£ contractor within six months, and any laborer within thirty days, and any other person within four month-, must tile with the |udge of probate a statement ol the account and ption of the property, and action must be brought to enforce the hen within ninety days from such filing. Mortgages \.re executed and acknowledged in the same manner as deeds. Usuatij they contain a power of sale authorlziug foreclosure without the intervention of a i ofanotice. They may be foreclosed upon failure to pay any portion of principal or Interest, If there be a provision In the mortgage to thai affect, lies may he also foreclosed bj i>iii in equity. There are two years for redemption allowed In each case \ woman cannot mortgage her statutory separate estate, for the purposi ol et-ting It to sale, for the payment of the 'husband's debt. There Is no statute a- to how mortgages shall be discharged, being governed by common law. (Codeol \i . Wn.i b — \ii persons of the age of twenty-one years, and of sound mind, may d lands or any interest therein, by their last will: personsol the ageol eighteen years may also dispose of all tbcirpersonal property bytheirlasi will. No will Is effectual (except nuncupative wills, by which only five hundred dollars' worth of property cm he be- queathed), unless the same is In writing, signed by the testator, or some person In his nd by his direction, and attested byat hast two witnesses, who mustsub- ■ their name- thereto in the presence of the testator. Wills are executed oat ol the In the same way as within the State. They are recorded In the office ol the Judge ol thi • if-) ALASKA: Alayt /.". Alaksa, Alashka, and finally Alaska. Discovered by Viti B in 1711: purchased in 1867 from Russia by the United States; quasi-civil governmenl established by acl of July 27, l Ann: in square miles, 577,390; in acres, 369,529,600; usually divided into six geographical divisions, to wit : Tin- Arctic division, 125,245 square miles ; the Yukon division, L76,715 square mile- ; the Kuskokvim division, 11 1,975 square miles; the Aleutian division, 1 1,610 Bquare miles ; Kadiak dh iaion, 70,884 square aides : southeastern divis- ion, 29,980 square miles. MATTHEWS S (.HIDE. 7 Estimated extreme length, north and south, 1,100 square miles; extreme breadth estimated at about 800 miles. Yukon river is the great highway through the country; navigable in summer upwards of 700 miles ; coast line upwards of 4,000 miles. Sitka, residence of governor and seat of bishop of Greek church. Taxable property, $10,000,000. Population — Whites, 5,000; Creoles, practically white, 1,800; Aleuts and natives, 33,000— total, 39,800. The principal location of the whites is on the so-called " Thirty-mile strip " of main land lying in front of the British possessions — a geo- graphical division extending from Dixon's entrance to Mount St. Elias and the islands of the Alexandria Archipelago, and covers a strip of 29,000 square miles. White population is reported as rapidly increasing. Progress of natives in education satisfactory, and many are settling down to industrial employments. Climate along coast cloudy and foggy Long continued low tem- peratures. No extremes of temperature in southeastern Alaska during day or month ; equable all the year round. Mean annual temperature (in 1886-'87) 43.2°. Heavy rainfall. Little developement of agricultural resources. Crops few and light; comparative experiments. Cereals, except corn, it is believed, can be grown to perfection in certain parts of Alaska. Climatic con- ditions of the Aleutian Islands and the country around Sitka, in- cluding the island of Kadiak, best in Territory for agriculture and horticulture. Abundant and luxuriant growth of grasses, and the winters of southeastern Alaska mild and equable. Excellent for cattle industry. Mineral resources claimed to be unsurpassed, gold and silver hav- ing been discovered in considerable quantities in different localities, but as yet only one paying quartz mine developed, the great Paris mine on Douglas Island; monthly product of mine in bullion, $100,000. Evidences of other metals (iron, copper, cinnebar, etc.), abundant. Excellent white marble on Lynn channel ; coal of good quality on Cook's Island ; sulphur in large quantities in volcanic districts . Other mining companies are forming with large capitals for early operations. Immense forests of timber, spruce, pine, cedar, hemlock, etc. Tim- ber of excellent quality, am! suitable tor house, boat-building and other purposes. Only ."> or b saw mills in the Territory — not of sufficient capacity to supplj^^half of the Jioihe" market demand. Cause non-extension of general land laws over the Territory. Fur trade very valuable ; furs abundant and in great variety — fur seal, sea and land otter, beaver, red fox ,T> lack or silver fox, arctic fox, martin, brown and black bear, etc. Fisheries extensive and very valuable. Vast shoals of salmon, hal- ibut, and cod, herring, etc., aiong coast in rivers and creeks — all one M \TTII1.W> B QUIDS. vast reBervoirof fish. Value of salmon, halibut, and ""1 catch (1886), including oil, $725,000. Nine canneries and 7 Baiting houses inde- pendent of canneries. Canned salmon output (1881 1,240,000 cases of Tour dozen one pound tins each, or 1 1,520,000 pounds ; and Baited . ;l h u , n . i i u m pounds— total market vain- $1,800,000. Product of wna ] J86), 600,000 gallons of oil, valued at £150,000. and bone, 250,000 pounds, valued at $750,000. Annual cod catch about 1,000 pounds, valued at s200,000. yalue of halibut catch and of ,1 ,,il from herring, 8100,000. Market value of fisheries (1881 >, 10,000. mmerce valuable. Product of hex several industries I L881 I val- - ;,950,000. Mail ami transportation facilities wholly inadequate to business requirements. ARIZONA: .V name derived from an Indian word signifying "Sand hiUs" Discovered about 1526 by the Spaniards. Tart of the Territory ceded by Mexicotothe United States in 1848 by the treaty of Guadalupe . and part ceded by the same power by the Gadsden treaty, known as the "Gadsden Purchase," in 1852. Organized as a Territory by tin- aet of February 24, 18G3. Counties, 11. Area : In Bquare miles, 113,196; in acres, 7l'.'.i06,240. l'r. acott is the capital and Tucson the largest town. Estimated population of Territory, ( .H>.000. AoRH ri.n i: \l Statistics: No. of limns (1880), 7G7 ; total land in farms, 135,753 acres; improved land in farms, 56,071 aa Total value of farms, $1,127,946. m products— crop of 1886 : Indian corn: Product, 67,000 bushels; ana In crop, 3,020 acres; average yteld per acre, 22.2 bushels; value per bushel, 80 j; total valuatii '»• Wheat: Product, 297,000 bushels ; area in crop, 22,010. acres ; average vield per acre. ]:;..") bushels, weight per bushel, 5.75 pounds ; value per bushel, 93cents, total valuation. $276,210. Barley : Product, 10 bushels; area in crop, 22,600 acres ; average yield per acre, 19 bushels; value per bush 1. 90 cents ; total valuation, $386,100. / ; Product, 97,000 bushels ; area in crop, 1,385 acres ; average yield per 70 bushels ; value per bushel, $1 ; total valuation, $97,000. // :■/ .- Product, 24,098 tons; area in crop, 26,775 acres ; average j ield per acre, value per ton, $] 1.75 ; total valuation. $855,446. n a in crop, 75,790 acres. 1 valuation of CTOp, $1,168,356. I -in animal- (1886): // •. • : Number, 10,267; average price, $49; value, Number, 1,882; average price, $72; value, $135,504. Milch .- Number, 16,298 ; average price, $37.20 ; value, $606,286. Oxen oi per month by tin- year: Without board, $25; with board, $16. Day wages in harvest: Without board, $1.70; with board, $1.20. MATTHEWSS GUIDE. » Day wages of ordinary farm labor: Without board, $1.25; with board, 90 cents. Manufacturers (1880) : No. of establishments, 6(> ; capital, $272,600 ; average No. hands employed, 220 ; annual wages paid, $111,180 ; value of materials, $380,023. Total value of products, $618,365. Mine Statistics (1880) : Product of precious metals, $6,103,378. Mining wealth great. Besides gold and silver, are found lead, copper, and other minerals. Near Prescott and Tucson is found a superior quality of lime ; in San Pedro, beds of gypsum, and near Callville, deposits of pure transparent salt. Agricultural possibilities very great, Soil of the valleys of the Colorado, Salt, Gila, San Pedro, Santa Cruz and Verde rivers very rich, with unsurpassed productive capacity. Estimated area of arable lands in the valleys of the Colorado, Salt, and Gila rivers 2,000,000 acres. Irrigation only needed to make them yield abundantly. Length of irrigating canals estimated at 400 miles, constructed at a cost of $1,000,000, with a power to reclaim 215,000 acres of land. Two distinct climatic zones. Elevations from 4,000 to 7,000 feet above sea level north of 84th parallel, with an average summer tem- perature of 70°. Winter snows on these mountains feed the rivers with water. South of 34th parallel elevations above sea level from o,000 to 5,000 feet, with a minimum temperature of 40° and a maxi- mum temperature of 80° for eight months of the year. Planting in November; harvest early in May. Every variety of grasses, grains, fruits, and vegetables grown in the valleys. Also cotton, sugar cane, tobacco, hemp, and rice. Valleys adapted to fruit culture — apples, pears, plums, peaches, apricots, quinces, nectarines, all of delicious flavor and generous yield. Grapes most prolific. Oranges, lemons, limes, olives, figs, and pomegranates grown successfully. Stock raising industry rapidly developed and in a flourishing con- dition. Sheep raising and wool growing a prominent industry. Railroad mileage, 1,050.04. Atlantic and Pacific crosses the Terri- tory north of its central part, and the Southern Pacific from east to west, The Maricopa and Phoenix connects the City of Phoenix, the county seat of Maricopa county, via Tempe, with the Southern Pacific road at or near Maricopa station. The Prescott and Arizona Central connects Prescott with Prescott Junction on the Atlantic and Pacific road. Ready railroad communication east and west, These rail- roads -are rapidly developing and securing markets for the mineral, agricultural, and horticultural products of the Territory. Pine, oak, and juniper forests along mountain ranges. Chief timber tract near center of Territory ; in length nearly 200 miles, with average width of about 50 miles, making 10,000 square miles, or 6,400,000 acres. A liberal and progressive system of public schools. Territorial and congressional elections Tuesday after first Monday in November; senators, 12 — representatives, 25; biennial sessions of 10 lIATTHBWs'fl 01 il'i slature in even numbered y« aone limited to 60 days; terms of - and representatives, 2 years each, • rate, lOpercent. j by contract, any rate; no penalty for usury. Deeds.— Even conveyance whereby real estate Is conveyed or affected shall bi kuowlcdged, or'proved and certlfled, in the manner hereinafter provided: 1st ackni proved within the Territory, by some Judge or ol( irt baying a seal or some notary publloor justice of the peace ol the proper county. 2 L If ai ■■ court ol any State, kingdom, or empire, having a seal, or by any notary public u, or by any minister, commissioner, or consul ol the united States appointed to Doweb— This right Is abolished fComp. Laws, 1877, p. Descent ind Distbibutions.— when a person shall die leaving a widow or minor child or children, the widow.chlld, <>r children, until letters shall have been granted and inventory returned, shall h<' entitled to possession of the homestead, wearing ap- Jural of the family, household furniture of the d mable pro 1 ! or their support, to be allowed by the probate judge. (Comp. Laws, If I pon the return of the Inventory, or at any subsequent time during administration, the courl or lodge may set apart for the use of the family of deceased all personal property which • ,w exempt from execution, and the homestead. (lb. g 163ft) If the whole property exempt by law be not Included In the inventory, and if the amount set apart be Insuffi- cient for Ibe support of the widow and children, the probate court shall make such rea- sonable allowance out of the estate as shall be necessary for the maintenance ol the family according to their circumstances, during the progress ol the settlementol the • which, in case of an insolvent estate, shall not be longer than one year after granting letters. (lb. 1639.) Anv allowance made In accordance with this chapter shall be paid In preference to all other charges except funeral expenses and the expenses ol administration. (lb. \ 1640.) ,. The following shall be set apart for the use of the widow or minor child or children, and shall not be subject to administration: 1st. All Bpinnlng-wheels, weaving-looms. and stoves put up or kepi for use. 2d. The family bible, family pictures, and school -and library, not exceeding in value two hundred dollars. 3d. All goats or to the number of twenty, with their fleeces, and the yarn or cloth manufaotuied from the same; twocows, Ave swine, with the necessary food for them for six months. Ith. All wearing apparel of the widow and children, ana all household goods, furniture and uten- sils, not exceeding in value seven hundred and fifty dollars. 5th. The homestead, con slating of any quantity of land not exceeding twenty acres, and the dwelling house thereon, with its appurtenances, nol being included In any incorporated townorcity, with water rights or privileges sufficient to irrigate the same, or, instead then quantity of land not exceeding one lot in any Incorpor ited town or city, and the dwell- ing bouse tlereon and it- appurtenances, to be selected i>y the widow, or, if there )»• no ■ . . to be designated by the probate judge, and not to e* l in any case more than live thousand dollars in value. (lb. g 1041.) When the property shall have been set apart tor the use of the fund v. in ace irdance with the provisions ol this chapter . the deceased shall have left a widow and no minor child such property shall be the propert) of the widow: If he shall have left also a minor child or children, the one b such propertv shall belong to the widow and the remainder to the child, or in equal -hare, t> thechlldren, If there be more : ban one ; if there be no widow, the whole shall belong to the minor child or children, (lb. J 1642.) Tier,' are some other provisions re latin of less value than Ave hundred dollars, and others relating to estates ol ,-alue than two thousand dollars, which provide fora summary disposition ol them. The homestead, consisting ofaquantitj of land, together with the dwelling house and Its appurtenances, water right pertaining thereto sufficient to lrrl- the land, all not exceeding la value Ave thousand dollars, is exempt from forced iptlon -hill not extend to any mechanic's, laborer's, or vendor's lien, or to any mortgage lawfully obtained; butno mortgage sale or alienation ol kind whatever of such land by the owner thereof, if a married man. -hall he valid with- out i' col the wife to the same, acknowledged by her separately and apart h r husband; provided that sucb signature and acknowledgment Bhall not be necessary to the validity of any m irtgage upon the Ian I bcl ire ll became the i the debtor, or executed to secure the payment of the purcta ise money." I the following property is exempt from levy or sale uhd m.viz: l-t. All Kplnning-M beels. wea\ inj; loom-, with the apparatus, and stoves put up ami kept i . in any dwelling house. 2d. A seat, pew, or slip occupied bj mch person or family in any house or phice of public worship. 8d. Ml cemeteries, tombs, and rights of burial, repositories "i the dead, nil All arms and accoutrement ■ kepi for use] : ll wearing apparel ofeverypei Phe llbraryand school books ol ; oid family, not exceeding one hundred and tlfty dollars In valuo.and all Dim fly pictures. 8th. To e icb householder ten goal i or sheep, with their fleeces, and the yurn or cloth manufactured from the same; twocows, five BWlne, and provisions and fuel tor the comfortable subelatence of such hou-ehoider aud family for six months. MATTHEWS'S GUIDE. 1 1 7th. To each householder all household goods, furniture, and utensils, nol exceeding the value oi six hundred dollars. 8th. The tools, implements, materials, stock, appara- tus, team, vehicle, horses, harness, or other things to enable any person to carry on the pr< ifession, trade occupal ion, <>r business in which he is wholly engaged, not exceeding in value six hundred dollars: provided that no property shall be exempt from execution upon a judgment recovered for the purchase money of such Identical property, either by virtue of this or any other statute [as amended in 1881]. 9th. One sewing machine and one musical instrument. 10th. A sufficient, quantity of hay, grain, feed, and roots for properly keeping for three months the animals In. the several subdivisions of this sec tion exempted from execution, and any chattel mortgage, bill of sale, or other lien created on any. part of the property above described, except such as is mentioned in subdivision eight, shall be void, unless such mortgage, hill of sale, or lien be signed by the wife of the party making such mortgage or lien (if he have one). Married Women.— All property of the wife owned by her before marriage, and thai acquired afterward by gift, bequest, devise, or descent, shall be her separate property. (Comp. Laws, 1877, \ 1907 ) The husband shall have the management and control of the separate property of the wife, but no sale or alienation thereof can be made, nor can it be incumbered, unless by an instrument in writing signed by both husband and wife and acknowledged by her upon an examination separate and apart from her husband, before a Justice of the supreme court, probate judge, or notary public, or, if executed out of the Territory, be- fore some judge of a court of record or before a commissioner appointed under the authority of this Territory to take acknowledgments of deeds. (Act of December 30, 1865 ; Comp. Laws, 1877, \ 1972.) But the Act of January 23, 1871, provides that " married women of the age of twenty-one years and upwards shall have the sole and exclusive control of their separate property, and may convey and transfer lands or any estate or interest therein, vested in or held by them in their own right, and without being joined by the husband in such conveyance, as fully and perfectly as they might do if unmarried. (Comp. Laws, 1877, §2000.) The separate property of the wife is not liable for her hus- band's debts although it is liable for her own debts. Married woman may become sole traders and carry on business in their own names, by complying with the provisions of g g 24-29, ch. 32. Comp. Laws, 1877. They may sue and be sued concerning their separate property as though unmarried. Marriage contracts may be recorded in the office of the county recorder, and such record imports constructive notice of their contents. An inventory of the separate property of the wife, acknowledged or proved in the manner required by law for the acknowledgment or proof of conveyances of real estate and recorded in the office of the county recorder wherein the parties reside and the filing of such inventory in the recorder's office, shall be notice of the title of,the wife. (Comp. Laws, 1877, \\ 1909-1971.) Mechanics' Liens.— Every person performing labor upon or furnishing materials to the value of twenty-five dollars for the construction, alteration, or repair of any building or other structure, railroad, tramway, tollroad, canal, water ditch, flume, aqueduct, reservoir, bridge, fence, or other structure or improvement, or performing labor or furnish- ing materials, to the value of twenty-five dollars on any mine, may have a lien thereon, and on the land necessary for the convenient use and occupation of the same. Every original contractor within ninety days alter the completion of the contract, and every other person claiming lien, within sixty days after completion of building, etc., must tile for record with the county recorder a claim containing a statement under oath of his demands after allowing credit, name of owner if known, and employer, terms of con- tract, and description of property. Any claimant other than original contractor must give notice of lien to owner within five days after filing. Suit to enforce lien must be brought within ninety days after filing. Any mechanic has a lien on articles of personal property made or repaired for owner, and may sell such articles at the expiration of two months, at public auction— first giving twenty days' notice. Wood cutters, foundry men, and machinists are also entitled to liens. Mortgagees— On real estate must be executed and recorded like deeds, and the remedy for enforcing them is by civil action. After sale under decree of foreclosure, the mort- gagor has six months to redeem by payingamount of bid and eighteen per cent, thereon and such taxes as may have been paid by the purchaser. Satisfaction may be entered in the margin of the record book, and signed and ac- knowledged by the mortgagee in presence of the recorder, or it may lie by a separate instrument executed and recorded in the same manner as the mortgage. (Comp. Laws, 1877, 55 2281, 2283.) Refusal or neglect to execute and acknowledge a certificate of discharge ot a mort- gage after performance of the conditions thereafter seven days and alter being requested, and after tender of his reasonable charges, makes the mortgagee liable to the mortgagor for one hundred dollars, and for actual damages occasioned by such refusal or neglect . Wills.— Every person "of full age" (it seems the age of majority in both sexes is twenty-one years) may dispose of his or her property, real and personal, subject to the person in his presence and bv his expiv,.,. presence of the testator and of each other by two or more competent witnesses ; except ch. 28.) 12 H k'lTHEWSfl GUIDE. ARKANSAS: Prom Kansas, an Indian word signifying " Smoky Water" — "Good Potato "—with the French prefix of arc, meaning " bow." Also called the " Beab State." Settled by the French in 1685. Formed out ofthe Bo-called " Louisiana Purchase *' ceded t<» the United States in 1803 by France. Originally the southern part of Missouri. Separated from Missouri and Territorial government established under the name of Arkansas by act of March 2, 1819. A convention of its people framed a I Jonstitution and March 1. 1836, memorialized Congress for admission into the Union. Admitted by act of June 15, 1836. Seceded March 1. 1861 ; readmitted June 22, 1868. Area: [n square miles, 52,203 ; in acres, 33,410,063. Frontage on Mississippi river about 400 miles. Counties. 75. Little Rock the capital and metropolis; population (1880), 13, IMS. Hot Springs in Garland county celebrated for their medicinal quali- ties; temperature of water, 140°. Temperature at Little Rock: In winter. 42° to 51° ; in summer, 79° to 82°. Rainfall at Fort Smith. 40 inches — at Washington, 55 inches. Population in L880 of State. 802,525. Ai.iacri.TruAi. STATISTICS : No. of farms (1880), 94,433; total land in (arms, 12,061,547 acres; improved land in farms, 3,595,603 acres. Total value in 1880 of farms. $74,249,655. Value of farming implements and machinery, $4,637,497. Farm products of L886: Tndiancorn: Product, 42,140,000 bushels; average yield per acre, 20.4 bushels ; area in crop. 2,069,176 acres ; value per bushel, 49 cents; total valuation, $20,648,600. Wheat: Product, 1,815,000 bushels ; weight per bushel, 58 pounds ; average yield per acre. , .8 bushels ; area in crop, 231,357 acres; value per bushel, 85 cents; total valuation, $1,542,750. Rye: Product, 34,000 bushels ; average yield per acre, 7.9 bushels; area in crop, 4,282 acres ; value per bushel,80 cents; total valuation, $27,200. Oats: Product, 4,749,000 bushels; average yield per acre, L8 bushels; area in crop, 263,848 acres; value per bushel, 42 cents ; total valuation. $1,994,580. Potatoes: Product, 808,000 bushels ; average yield per acre, 67 bushels ; area in crop, 12,513 acres; value per bushel, 63 cents ; total valuation, $527,940. Hay; Product, 35,047 tons; average yield per acre. 1.07 tons; area in crop 32,671 acres; value per ton, $10.80 ; total valuation. $378,508. Tobacco: Product, 2,108,000 pounds; average yield per acre, 875 pounds; area in crop, 2,409 acres ; value per pound, 7J cents ; total valuation. $158,100. Cbtu m : Product, 660,872 hale-; average yield per acre, 0.488 ton; area in crop, 1,354,788 acres; value per pound,8 cents '_' mills: total valuation, $26,- 662L228. Total area in crop, 3,971,044 acre-; total valuation ,,!' crop, $51,939,906. Wages of farm labor per month by the year: Without board, $18.34 ; with board, $12.50. Day wages in harvest: Without board, $1.30; with board,97 cent-. Day wages of ordinary farm labor: Without board, 93 cent-: with hoard. 65 cent-. Farm animals (January 1,1888 Ho : Number, 179,955 {average price, $59.84; value, $10,678,480. Mules: Number, L22.457; average price,$74.02 : value, $9,063,- 660. Milch cows: Number, 304,404 : average price, $1 t.63 ; value, $4,453,431. Oxen and other cattle: Number, 169,057; average price, $9.81 ; total valuation, $4,608,- 415. Hog Number, 1,538,360 ; average price, $2.56 ; value, $3,938,202. Sheep: Number, 220,167 ; average price, $1.41 ; value, $810,127. MATTHEWS S GUIDE. 13 Manufactures (1880) : No. of establishments, 1,202; capital, $2,953,130; No. o'f hands employed, 4,557 ; total annual wages paid, $925,358 ; value of materials, $4,392,080. Value of manufactured products: Flouring and grisl mills, sl'.lM'.i^'so. Lum- ber, sawed, $1,793,848, Oil, cottonseed, and cake, $590,000. All other indus- tries, $2,123,022. Total value of manufactured products, $6,756,159. Mine Statistics (1880) : Bituminous coal : Product, 14,778 tons ; value, $33,535. Iron ores in Ozark Mountains; salt springs near Ouachita; coal along Arkansas river ; kaolin in Pulaski county, and oilstone near the Hot Springs. Railroads, June 30, 1887 : Mileage, 1,804.21 ; total track, 1,853d 7 miles ; loco- motives, 147 ; total revenue cars, 4,353. Presidential and congressional elections Tuesday after first Monday in November ; State elections biennial in even numbered years ; bien- nial sessions of the legislature in odd numbered years, meeting- second Monday in January ; sessions limited to 60 days ; senators, 31 — representatives, 94; term of senators, 4 years — of representa- tives, 2 years. Electoral college, 7. Colleges, 5 ; school age, 6-21 ; school population, 289.617. Legal interest rate, 6 per cent.; by contract, 10 per cent. Usury forfeits principal and interest. State Laws in Relation to Deeds, Dower, Descent and Distribution ok Prop- erty, Married Women, Mechanics' Liens, Mortgages, and Wills. Deeds.— When deeds are acknowledged or proved in this State, proof or acknowledg- ment may be taken before the supreme or circuit court, or either judge or clerk thereof, or the clerk of any court of record, or any justice of the peace or notary public. Any- where else in the United States, before any court of the United States or any State or Territory having a seal, or the clerk thereof, mayor or chief officer of any city or town having a seal of office, or notary public, or any commissioner for the State of Arkansas. Out of the United States, before any court of any state, kingdom, or empire having a seal, or any mayor or chief officer of any city or town having an official seal, or before any officer of any foreign country who by its laws is authorized to take probate of the con- veyance of real estate of his own country, if he have an official seal. The proof of the execu- tio'nof adeed is made by oneormore of the subscribing witnesses making affidavit before the proper officer or court that he saw the grantor subscribe it, or had heard him acknow- ledge that he had subscribed and executed it for the purposes and consideration therein mentioned, and that he or they had subscribed it as witnesses at his request. II the witnesses are dead or cannot be had. proof of the handwriting of the grantor and that of at least one of the subscribing witnesses may be proved by two or more disinterested witnesses swearing to each signature. The husband must join in conveyance of wife's lands, if the lands were acquired before October 13, 1874. If acquired since that time, she can convey either as a single person, or in the form prescribed by the statute for convey- ances by married women. If the grantor is unknown to the officer or court, his identity can be established by affidavits indorsed on the conveyance. After a deed is riled for record it is notice to all the world, but recording is not compulsory. (lb. ch. 27.) When husband and wife convey lands of the husband, the certificate of acknowledg- ment must show that the wife acknowledged her relinquishment of dower; but not when the lands conveved belong to the wife. Neither deeds nor mortgages are required to be filed for record within any specified time, but mortgages are not hens until filed for record. Seals are not required. Trust Deeds— Must be acknowledged and filed the same as mortgages. See mort- ST9.2T6S 3 Descent and Distribution of PnoPERTY.-Real and personal property descend, first, to children and their descendants, in equal parts; second, if there be no children, then to the father, then to the mother; if no mother, then to the brothers or sisters, or their descendants, in equal parts; third, if there be no children, father, mother, brothers, or sisters, nor their descendants, then to the grandfather, grandmother, uncles, aunts, and their descendants, in equal parts, and soon in other eases without rest, passing to the nearest lineal ancestor and their children and descendants, in equal parts. Y\ here there are descendants of the intestate the property descends to them per capita it in 14 MATTrTKWSS RUTDE. equal degree and . In unequal degree. En case of real estate, If the Inheritance was ancestral ana came from the father's Bide, then n will a" to the line on the part <>r iher. ii"i in postponement but In exclusion <>i 1 1 1 « - mother's line, and \\ here Ihe inheritance came from the mother's side, if tin- Inheritance is not ancestral, but a new acquisition, then, after a life estate reserved In succession to the father ami mother. If alive, It will go In remainder, first, to the line of the Intestate's paternal uncles ami aunts and their descendants. In postponement of tin- mother's line until the former beomes extinct; and then to the line of the intestate's maternal uncles and aunts und their descendants, unless there should be kindred lineal or collateral, who either In right ol propinquity or by right of representation, stand In a nearer relationship to the jtate than tne uncles and aunts; In which casesucb nearer kindred would take the Inheritance to the exclusion of both "t' these collateral lines; and In their hands it would become an ancestral estate, and afterwards go in the blood of the relative whence II came In the ordinary course of descenl prescribed for ancestral Inheritances. Hie half blood and their descendants take personalty as well as realty, equal with the whole blood, except that they are excluded lroin real e-tate when ancestral. If they lack the blood of the transmitting ancestor. Posthumous children of the Intestate inherit as it born m the life of the intestate, but other post huinous children not horn at his death do not inherit from him. Illegitimate children are capable of Inheriting and transmitting an inheritance on the part of the mother. (Mansfield's Dig. ch. 18 DOWI i: —A widow is entitled to dower ol one-third of all lands of which the husband was seized of an estate of Inheritance during marriage, not relinquished by her in le gal form, during her life; also absolutely to one-third part of the personal estate of all .kinds of her husband. If the husband died leaving no children, his widow i- en- titled to dower of one-half of the land- and one-half oftbepersonalty In her own right. lb. ch. l\i mii in\-.- The exemption law is contained in the present Constitution, and is as folio.- - n 1. The personal property of any resident of this state, who Isnol married or the head of a family, in specific articles to be -elected by such resident, not ling in value the sum <>t two hundred dollars, in addition to his or her wearing el, -hall be exempt from seizure on attachment, or sale on execution or other pro- ■ 'in any court, issued for the collection of any debt by contract : provided that no property shall be exempt from execution for debts contracted for the purchase mones therefor while in the hands of the vendee. Sec. 2. The personal property Of any resident of this State, who is married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of live hundred dollars, in addition to In- ' wearing apparel, and that of his or her family, shall be exempt from seizure on attachment, or sale on execution, or other process from any court, on debt by con- tract sec. :;. '1 be home-lead of any resident of this State, who is married or the head of a family, -hall not be subject to the lien of any judgment or decree of any court, or to sale under execution, or otherprocess thereon, except such as may be rendered for the purchase money, or for specific lien-, laborers' or mechanics' liens for Improving the , or for taxes, or against executors, administrators, guardians, receivers, attorneys tor moneys collected by them, and other trustees of anj express trust, for moneys due from them in their fiduciary capacity. Bee, 4. The homestead outside any city, town, or village, owned and occupied as a residence, -hall consist of not exceeding one hun- dred and sixty acres of land, with the improvements thereon, to be selected by the owner : provided the same shall not exceed in value the sum of twenty-five hundred dol- lar-, ami in no event shall t he homestead be reduced to less than eighty acres, without Movable. Bee. 5. The homestead many city, town, or village, owned and occu- s a residence, shall consisl ot not exceeding one acre of land, with the improve- mi ni- thereon, to be selected by the owner: provided the -a me -hail not exceed in value the -un i of two thousand five hundred dollars, and m no event shall such homestead be reduced to less than one-quarter of an acre of land, without regard to value. Bee. 6, li the owner of a homestead die, leaving a widow, but no children, and -aid widow ha- no omestead in her own right, the same snail be exempt, and the rents and profits ■ i shall vest in her during her natural life: provided that if the owner leaves children, one or more, said Child or children shall share with said widow, ami be entitled to half the rent- and profits till each of t hem arrive- at t wenty-one year- ol each child'- right to cease at twenty-one years of age -and the shares to go to the younger children ; and then all to go to the widow; and provided that -aid widow or children n a the homestead, or not. And In case of the death of the widow, all Of -aid home-lead -hall be vested in the minor children of the testator or intestate. . . . s< c 9. The exemptions contained in the Constitution ol l-^s shall apply to all contracted since the adoption thereof, and prior to the adoption ot this Constitu- id pro\ id, (i for in i his article shall inure to the benefit of the : children, under the exemptions herein provided, after tbe decease of the parents." • l-Ti, an. ix. - Homestead cannot be sold or mortgaged without wife Join ■ husband falls to claim it, it may be claimed by wife. M x i : i : 1 1 n Women. The Constitution Art. x i v proA ides as follow - The nd personal property of any feme covert in this State, acquired either before or after riage, whether bj gift, grant, inheritance, devise, or otherwise, shall, so ion-,' a- -in- ma\ • mi remain her eparate estate and property, and may be devised, be- queathed, or conveyed by her the same as if -he v. ■ nd the same shall not to the debts of her husband Bee. 8 The general assembly shall provide for i he i ime and mode ol scheduling the separate pers< inal property ol married women.'' The legislature hiiM pussed an act providing for the scheduling of the separate prop- ncn. Failure to schedule such property leaves the burden of prool on the wife to show the character in which it la held. 2640. MATTHEWS'S GUIDE. 15 A wife's separate property is not liable for any debts contracted by her. unless the con- tract was made with special reference to its being so liable. (Adams vs. Stillwell, 2',) Ark. 3460 Mechanic's Lien.— A mechanic or other person performing any work or laboror furnishing any material or fixture, erection or improvement on Land, or doing any re- pairing on the same byvirtueofa contract, has alien on such building or Improve- ment, and upon the land upon which it is situated not exceeding twoacres. He must tile with the clerk of the circuit court of the county where the land is, within ninety days after ceasing to labor, a just and true account- of the claim, and descript Ion of the property and suit must be begun within nine months thereafter by a contractor, and within six months by a sub-contracter. MORTGAGES— Acknowledged the same as deeds, and are not liens until tiled for re- cord, though good between the parties. They may be foreclosed by bill in equity. Sales of personalty under decree are made on a credit of three months. Sales of land on not less than three nor more than six months, the purchaser giving bond with surety, having force of a judgment, and a lien being retained on lands sold forthe price. Per- sonal decree is also given for amount due on mortgage, and may be enforced by execu- tion either before or after sale of mortgaged property, for any amount due. Mortgages may be released by entry of satisfaction on the margin of the record of the mortgage in the recorder's office by the mortgagees. (Ch. 110.) Property, real or personal, sold under mortgages and deeds of trust shall bring two- thirds of its appraised value : provided that this does not apply to sales of property for the purchase money thereof. If the property shall not bring two-thirds of its appraised value, then in case of personalty another offering may be made in sixty days, or, in case of realty, in one year, when the sale shall be made to the highest bidder without reference to value. The realty may be redeemed by the mortgagor at any time within one year from the sale thereof, by paying the amount the property sold for, ten per cent, interest, and costs. The mortgagee or trustee before sale shall apply to a justice of the township where the sale is to be made to appoint three appraisers, who shall appraise the property under oath, and they or any two shall make a written report to the trustee or mortgagee, which shall be open to the parties interested. Wills.— Every person over twenty-one years old may devise realty and personalty, and all persons over eighteen may bequeath goods and chattels by last will and testament . Every will must be executed as follows: First, it must be subscribed by the testator at the end of the will, or by some person for him at his request; second, such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses; third, at the time of such subscribing or acknowledgment the testator shall declare the instru- ment so subscribed to be his last will and testament ; fourth, there shall be at least two attesting witnesses, each of whom shall sign his name as a witness at the end of the will at the request of the testator; fifth, where the entire body and signature of the will are in the handwriting of the testator it may be established by the unimpeachable evi- dence of at least three disinterested witnesses to the handwriting and signature of the testator without subscribing witnesses; but no such will shall be pleaded in bar of one subscribed in due form. Nuncupative wills may be made during last illness, and must be proved by two witnesses, and are not good where the estate bequeathed exeeds five hundred dollars. (Mansfield's Dig. ch. 155 ) Wills are proved and recorded in the office of the clerk of the probate court of the county in which the testator resided at the time of his death. If he had no known place of residence in this State, and land is devised, then in the county where the land or t lie greater part thereof lies. If no land is devised, then in the county where he died, or that in which his estate or the greater part thereof shall lie, or where there may be any debt or demand owing to him. CALIFORNIA: In Spanish signifying " Hot Furnace." Held by some to be derived from the Arabic Khalifah, from Khdlafa, successor, the caliphs being the acknowledged successors of Mahomet. The peninsula called •• Lower" or " Old California " laid down in some early geographies as an island, and treated in the romances of the period as a hounding in treasures of gold, was discovered and named California in 1535 by Cortez. The State is also called " The Golden State." Settled in 1768 at San Diego by the Spaniards, it subsequently formed part of Mexico, and was ceded by that power February 2$, 1848, by the treaty of Guadalupe Hidalgo, to the United States. The discovery of gold in 1841) caused its rapid settlement, and its inhabitants framing a constitution, it was admitted as a State September 9, 1850. 18 MAI I 111 W— MIli] . Area: tn square miles, 157,801; in acres, 100,992,640. Over 700 miles of coast line. Counties, 52. Sacramento city is the capital; population in 1880,21,420. San Francisco the rich and thriving metropolis, its harbor the best on the Pacific coast, and the only port of entry in the Stale; population, 233,959. Regular steam communication with china. Japan, Australia, Panama, and Mexico. Oakland: population, 34,555 ; Bridgeport city: population, 27,643; Los Angeles: population, 11,183; Stockton: population, 10,282. Q. S. navy yard at San Pablo. Temperature: At San Francisco, in winter, 50°to 55 c ; in summer, 58 to 69°. Rainfall at Sacramento. 20 incl Population in 1880,864,694. Chinese, 75,132 ; Japanese,86: In- dians, 16,277. A splendid agricultural country. Soil rich and prolific; climate beautiful and healthy, and harvests abundant with comparatively light toil : often two crops a year on the same land. Auttll t III K \i. Statisth > : \'h. of farm- (1880), :'.">.'•»'• M : total land in faring 16,593,742 acres; total im- proved laud in farms, 10,669,698 acres ; unimproved land in farms, 5,924,044 acres. Value of farms, $262,051,282; value of farming implements and machinery, $8,447,744. Average value per acre, for cleared land. (27.16; for woodland, $8.55. Farm products — crop of 1886: Wheat: Product, 36,165,000 bushels; average yield per acre. 11.6 bushels; area in crop, 3,104,640 acres ; weight per bushel, 59 pounds; value per bushel, 73 cents; total valuation, $26,400,450. Indian-corn: Product, 1,262,000 pounds ; average yield per acre, 27.2 bushels; area in crop, 156,752 acres ; value per bushel, 62 cents; total valuation, $2,642,440. Barley: Product, 16,038,000 bushels ; average yield per acre, 22.2 bushels ; area in crop, 722,450 acres; value per bushel, 65 cent-; total valuation, $10,424,700. Oats: Product, 2,317,000 bushels; average yield per acre. 28.8 bushels; area in crop, } acres; value per bushel, Hcents; total valuation, $1,019,480. Rye: Pro- duct, 365,000 bushels; average yield per acre, 12 bushels; area in crop, 30,409 acres; value per bushel, 76 cents ; total valuation, $277,400. Hay: Product, 1,296,234 tun-; average yield per acre, L.34 ton; area in crop, 967,469 acres ; value per ton. $8.15 : total valuation, $10,564,307. Potatoes: Product, 4,753,000 bushels ; average yield peracre^ 78 bushels; area in crop, 60,940 acres ; value per bushel, 66 cents ; total valuation, $3,136,980, Mosl other vegetables in like profusion. • il area in (a-.. p. 5,1 23,01 s acre-; total valuation of farm products, $3 t. 165,757. Farm animals, January 1,1888: Horses: Number, 307,004 ; average price, $71 ; total value, $21 ,797,255. if ides: Number, 38,824 ; average price,$85.03; total value, 1,389. Milch cows: Number, 250,773 ; average price,$33; value, $8,275,509. and other cattlt : Product, 692,267; average price, $20.50; value, s l l.l'U.447. Sheep: Number, 5,462,728 ; average price, $1.88; value, $10,291,779. Hogs: Pro- duct, 1,047,842; average price, $4.62 ; value, 1 1,836,000. Fine sheep raising country. Cashmere goats introduced and thriving. Dairy products- 1880: Milk, 12,353,178 gallons; butter, 14,084,405 pounds; cheese, -.'» >6,6 I S pound-. Wool clip, 16,798,036 pounds. MATTHEWS'S GUIDE. 17 Wages per month by the yea r of fa rm labor* srs— ! 888 : Without board, $38.08 ; with board, $2o.67. Day wages in harvest: Without board, $2.25; with board, $l.So. Day wages of ordinary farm labor: Without board, $1.00; with board, $1.18. ' The grape succeeds admirably, and is profitably manufactured into wine. Varieties grown belong to the species Vitis vinifera. Thousands of acres in a single vineyard. The Napa valley almost wholly given up to the culture of the vine. Seventeen tons of grapes grown on a single acre ; frequently 10 tons per acre. The manufacture of raisins a leading industry in San Joaquin val- ley, as also in the valeys of Sonoma, the Sacramento, Santa Anna, and Santa Clara. San Diego raisins equal any made in Europe ; El Cajon fruit famous. Grape region extends north to 41° ; average breadth, 100 miles. Plum product abundant, and fruit delicious ; dried equal in quality to best foreign brands. Vast tracts of the olive. Oranges, apples, peaches, pears, etc., pro- duced in large quantities and in qualities excellent. Subtropical nuts abundant. Manufactures — 1880 : No. of establishments, 5,885; capital, $61,243,784; average No. hands em- ployed, 43,693 ; amount paid in wages, $21,065,905 ; value of materials, $72,607,- 709 ; value of products, $116,218,973. Embracing the manufacture of agriculture implements valued at $586,338 ; bags and othe paper ; boots and shoes ; carriages and wagons ; fruits and vege- tables canned ; furniture ; leather ; iron and steel ; tobacco, cigars, and cigar- ettes ; shipbuilding, etc., etc., etc. Wool products valued at $1,634,858. Lumber products valued at $4,428,950. Mining Statistics — 1880 : Gold : Output, 829,676.7 ounces ; value, $17,150,941. Silver : Output, 890,158.2 ounces; value, $1,150,887. Total value of gold and silver output, $18,301,828. Coal : Output, 236,950 tons ; value, $663,013. Copper ingots, 720,000 pounds. Total assessed valuation in 1880 of real estate and personal property, $584,- 578,036. Railroads, June 30, 1881 : Mileage, 4,265 ; total track, 4,843 miles ; locomotives, 802 ; total revenue cars, 19,057. Governor and State officers elected quadriennially and legislature every 2 years ; senators, 40 — representatives, 80 ; sessions of legisla- ture biennial in odd numbered years, meeting first Monday after Jan- uary 1 ; limit of session, 60 days ; term of senators, 4 years — of representatives, 2 years. Electoral college, 8. Schools excellent. School age, 5-17. School population, 216,330. Legal interest rate, 7 per cent.; by contract, any rate. State Laws in Eelation to Deeds, Dower, Descent and Distribution of- Property, Married Women, Mechanic's Liens, Mortgages, and Wills. Deeds, Acknowledgments, etc.— An estate in real property other than an estate at will or for a term not exceeding one year can be transferred only by operation of law, or by an instrument in writing subscribed by the party disposing of the same, or by his 18 ItATTHBWB'fl GUIDE. I thereunto authorized by writing. If the grantor be unable to write his mark is name U written near It by a person who writes hisowhnameas a witness transfer In writing iscalled a "grant." The word "grant" used in any conveyance <•!' an estate "f inheritance or lee simple Implies thai the grantor lias not prior thereto or any Interest therein, and that such estate Is at the time of conveyance free from any Incumbrances done, made, or suffered by the grantor <>r any ■I claiming under him. Booh covenants may be sued upon the sameas if expressly inserted In the conveyance. The following form Is a sufficient grant: LA. B., grant to C. D. all thai real property situated Inllnsert name of county) county, State of California, bounded (or described) as follows : [Here Insert description, or, If the land sought to be conveyed has a descriptive name, it may be described by the name as, for instance, " the Norrifl Ranch.)" Witness my hand this day of 18 AH. in order to make a deed available as evidence, its execution must be proved as any nther Instrument of writing, unless the deed be acknowledged or proved as hereinafter explained, and if so acknowledged or proved, it is received In evidence without further proof. An instrument so acknowledged or proved may be recorded In the office of tbere- rof the county wherein the land Is situate, and the record is constructive notice of the contents thereof to subsequent purchasers and mortgagees. i eds, though nol recorded, are valid and binding between the parlies thereto, and also upon all persons having actual notice of the same ; but arc void as agalnsl any sub- ti m purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded. An attaching creditor is not protected against such unrecorded deed, if thedeed be recorded befo] sale under the judgment in such action. Wi not necessary to the validity of a deed or other Instrument affecting title to realty, except wills. Thedeed of a married woman has no validity unless it be acknowledged; in other .->.." i if execution may be made by a subscribing witness. Wherever the name of the owner of any real estate is from any cause changed, his e thereof must set forth the name in which he or she derived title to said real estate. The proof or acknowledgment of an instrument may be made within this State before a Justice or cleric of the supreme court, or a judge of the superior court, and, within the city and county or district for which the officer was elected or appointed, belore either a clerk of a court of record, a court commissioner, county recorder, notary public, or a • ..f the peace. (C. C. 1 1181.) If proved or acknowledged out of this State, but in the United States and within tne [fiction of the officer, it may be before a Just ice, Judge, or cleric of a court of record -.i the I'm any Justice or Judge of any court of record of any State, a notary public-, or a commissioner appointed by the governor of this state for that purpose; I . i. re any other officer of the State where the acknowledgment is made, author- by it- laws to take such proof or acknowledgment. (C c. g 1182.) If taken or made out of the United states, before a minister, commissioner, or charge d'affaires of the United States resident and accredited in the country where the proof or acknowledgment is made, or a consul, vice-consul, or consular agent of the United States, .entin the country where the proof or acknowledgment is made, or a judge of a Of the country where the proof or acknowledgment is made, or a com- biner appointed for such purpose by the governor pursuant to special statutes, or a notary public (C.0.1U88.J I I iticates or acknov. ledgment must be authenticated by the signature of the officer, fallowed by his name or title of office, and his official seal affixed, if by the law under which he is acting he Is required to have an official seal. The seal may be made by an impression <>n the paper, or on wax or other substance attached. ah distinctions between sealed and unsealed Instruments are abolished. (C.C. \ 1629.) A written instrument is presumptive evidence of consideration. (C. C. \ 1614.) TBUB1 lnii' — To secure the payment of money, are in frequent use' in this State, but as they deprive the debtor of therighl of redemption, they are not looked upon with favor, and are rarely used t,y private persons. Dssci h i "i Real am> Pebsonaxj Pbopbbtv.— When any person dies Intestate, bis property, after paymenl ol debts and expenses of administration, unless limited by marriage settlement, Is dii tributed as follows: urvtving husband or wife, and only one child, In equal shares eh: If more than one child, one-third goes to the surviving consort and the balance to the children in equal shares. The children of a deceased child take by the right of n pri ■-> ui ttlon; but if all of the descendants are in the same degree of kindred to the decedent they share equally, if the decedent leave no husband or wife but leave issue, tin- win ill - to BUCb issue. [f the deceased leaves no children, the surviving eon sort takes one-half, and the other half goes n> the decedent's father and mother in equal shares, and it either be dead the whole of said half goes to the other. If there be no lather or mother, then one-half goes Ln equal sb brothers and sisters of the decedent, and to the children of any t or slater by right of representation. n | • leave no issue, nor husband or wife, the estate goes to his rather and mot lie |- in equal shares, or, it either be dead, then to the ether. If there be neither issue, husband. Wllb, Gather, nor mother, then In equal shares to the brothers and sisters and to the children of any deceased brother or sister by right of representation. it deceased leaves a surviving husband or wife, and no Issue, father, mother, brother, the whole estate goes tosucb survivor. MATTHEWS \S GUIDE. 19- If the deceased leaves none of the aforementioned, the estate goes to the next of kin In equal degree ; and if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those claiming through the nearest ancestor must be preferred. If the decedent leave several children, or one child and the issue of one or more children, and any such surviving child dies under age not having been married, all the estate that came to the deceased child by inheritance from such decedent goes in equal shares to the other children of the same parent and to the issue ofany such other children who are dead, by right of representation. If at the death of such child who dies under age not having been married, all the other children of his parents are also dead, and any of them have left issue, the estate that came to such child by inheri- tance from its parent descends to the issue of all other children of the same parent. If the decedent be a widow or widower and leave no kindred, and any portion of the estate was common property of such decedent and his or her deceased spouse such common property shall go to the father of such deceased spouse, or, if he be dead, to the mother, or, if both be dead, to "the brothers and sisters of such deceased spouse, in equal shares, and to the lawful issue of any deceased brother or sister of such spouse bv right of representation. ° If the decedent leaves no husband, wife, or kindred, and there be no heirs to take his estate or any portion thereof under the preceding clause, the estate escheats to the school fund of the State. (0. C. §1386.) The foregoing provisions as to the inheritance of the husband and wife from each other apply only to the separate property of the decedents. Upon the death of the wife the entire community propertv without administration belongs to the surviving husband, except such portion as may have been set apart to her by judicial decree for her support and maintenance. Such portion is subject to her testa- mentary disposition, and in the absence of such disposition goes to her heirs exclusive of her husband. Upon the death of the husband one-half of the community property goes to the wife and the other half is subject to the testamentary disposition of the hus- band, and in the absence of such disposition goes to his descendants; and in the absence of both disposition and descendants is distributed in the same manner as his separate estate. Upon the death of the husband the entire community property is subject to his debts, the family allowance, and expenses of administration. The degree of kindred is established by the number of generations, and each genera- tion is called a degree. (C. C. § 1:389.) Kindred of the half blood inherit equally with those of the whole blood, except where the estate came to the intestate by descent, devise, or gift of some one of his ancestors when the half blood is excluded. (C. C. \ 1391.) ' Dower.— See Married women. Exemption.— The following property is exempt from execution for any debt except it be for the purchase price of such property, or the debt be secured by mortgage lien or pledge thereon • to wit: 1st. Chairs, tables, desks, and books, to the value of two hun- dred dollars. 2d. Necessary household table and kitchen furniture of the debtor includ- ing one sewing machine, stoves, stove pipes and stove furniture, wearing apparel, beds bedding, bedsteads, hanging pictures, oil paintings and drawings drawn or painted by any member of the family, family portraits and their necessary frames, provisions ac- tually provided for individual or family use sufficient for three months, and three cows .and their sucking calves, four hogs with their sucking piss and food for such cows and hogs for one month. 3d. The farming utensils, etc., of thejudgment debtor, also two oxen, or two horses, or two mules and their harness, one cart or wagon, and food for such ani- mals for one month, also seed grain or vegetables reserved or on hand for planting within six months, not exceeding two hundred dollars in value ; and seventv-nve bee-hives, and one horse and vehicle belonging to any person who is maimed or crippled, the same be- ing necessary to his business. 4th. Tools or implements of a mechanic or artisan, no- tary's seal, office furniture and records ; instruments of a surgeon, physician, music teacher, surveyor, or dentist, necessary to the exercise of their profession ; books, pro- fessional libraries and office furniture of attorneys, judges, ministers of the gospel editors, and school and music teachers, and all the indexes, abstracts, books, papers, maps, and office furniture of searcher of records necessary to be used in his profession. 5th. A miner's cabin, not exceeding five hundred dollars in value, also his sluices, pipes, tools, etc., necessary for his business, not exceeding Ave hundred dollars in value, and two horses, mules, or oxen, and their harness, and food for the same for one month, when necessary to be used for any windlass, derrick, car, pump, or hoisting gear; and the miner's claim worked by him, and not exceeding one thousand dollars in value. 6th. Two oxen, horses, or mules, and their harness and food for one month, and one cart, wagon, dray, truck, coupe, hack, or carriage for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster, or other laborer habitually earns his living, and one horse, vehicle, and harness used by physician, sur- geon, constable, or minister of the gospel in the legitimate practice of his profession or business with food for such animals for one month. 7th. Poultry worth not more than twenty-five dollars. 8th. Earnings, for personal services rendered within thirty days of levy, if the defendant swears they are necessary for the use of his familv residing in the State, and supported in whole or in part by his labor ; but only one-half of such earnings are exempt where the debt is for necessaries of life. 9th. Shares in homestead associa- tions, not exceeding in value, one thousand dollars— if the debtor has not a homestead selected ; nautical instruments and wearing apparel of any master, officer, or seaman of any vessel. 10th. Life insurance policies, and all benefits accruing therfrom, provided the annual premium shall not exceed five hundred dollars. 11th. All fire engines, etc. 12th. All fire arms, etc., required by law to be kept by any person, and one gun selected 20 MAT I'll KUs's GUIDE. bv the debtor. Uth.AU court houses, jails, public offices, buildings, cemeteries, etc. r. •«).) Homestead.— A homestead to the extent of live thousand dollars In value, consisting of the dwelling-house where the claimant resides, together with the lundon which it is situated, maybi I by the husband, or, In the case of his (allure to do so, by the otlon must describe the premises ami state their value, and must be acknowledged in the same manner as a oon venanoe, and died for record in the county . After Buch riling the premises therein described are exempt from exe- n or forced sale, except In satisfaction of liens existing prior thereto or created by i i busband and wife, and can be aliened or incumbered only by an instrument exe- i ami acknowledged by both busband and wife, such selection may be made from immunity property or from the separate property of the husband, or, with the con- t--nt of the \\ite, from her separate property, if the premises Belt d five thou- sand dollars m value, a Judgment creditor can apply to the superior court for an appraise- ment and sale thereof, and have the surplus applied in satisfaction of his Judgment. Upon the death of either husband or wife the homestead, If selected from the community property, vests In the survivor, subject to the same exemptions from forced sale. The homestead can he abandoned only by a declaration of abandonment or a grant executed and acknowledged by both husband and wife and tiled for record In the recorder's office. If no hoi ,,' -dor recorded in the lite time of the husband, the superior court may - rl from his estate for the use of the family, discharged of any claim of his creditors. Makkiki) Wumks', Rights or.— -A married woman may hold, convey, and devise real and personal estate ;i< freely as if unmarried, save that a conveyance by a married woman Is Inoperative unless acknowledged byher. She may enter Into any engage- ment or transact ion respecting property which she might if unmarried, but the property of the community is not liable for any of her contracts unless secured by a pledge or mortgage thereof executed by her husband, she Is personally liable upon such contract and may be Bued thereon, and her separate property maybe taken to satisfy a Judgment thereon. Her busband must be Joined with her when she is sued except when she is living separate and apart from him, by reason of his desertion of her or their agreement to live separate. She may sue without Joining him when the action concerns her tte property or her right or claim to the homestead property. Her earn- ings are not liable for the debts of her husband, and her earnings received while she is living separate from him are her separate property. Her separate property is liable for her debts, whether contracted before or after her marriage, but Is not liable) for the debts of her husband. The separate property of the husband is not liable for her debts contracted before the marriage. No estate is allowed the husband as tenant by r, nor is any estate in dower allotted to the wife. (C. C. \ 17.'..) All property, both real and personal, of the wife, owned by her before marriage, and all that sh>- may acquire afterwards by gift, bequest, devise, or descent, with the reni iii'l profits 1 hereof, shall be her separate pn iperty, and may be sold,© mveyed, mort- gaged, Incumbered, or assigned by her without the husband's consent. (C. C. All property acquired alter marriage by either husband or wife, except such as i he acquired by gift, bequest, devise, or descent, shall be common property. (C. C. 6 MB.) The hushand has the entire management, with absolute power of disposition, other than testamentary, of the community property, except thai be cannot dispose of it with a view to defraud the wife of her interest therein. The wife need not join In any conveyance of the community property made by the hushand, but upon t ho death of the husband one-half of the community property, after payment of debts and > ses of administration. In case of divorce, the common property shall be equally divided between the husband and wife except when the divorce Is granted on the ground of adultery or extreme cruelty, in which case the court apportions the propertv in its •ion. Property conveyed to the wife during marriage fora valuable consideration is pre- sto belong to the community and to he disposable by the husband alone; but it i to have been acquired with the separate estate of the wife or to have been to her from the husband. The husband can convey property directly to his wife either by way of gift or in bargain and sale (C. 0. § 1 147, 172.) busband and wife may make contract sand conveyances respecting property Inter . hi. -et only to the general rule as to contracts between parties occupying confiden- tial n A busband and wife may hold property as Joint tenants, tenants in common, or as community property. (C. C. j! nil.) i woman may transact business as a feme tote upon obtaining leave of the com--. . and due proceedings under the law. Women arrive at majority at the age ol eighteen yean, if a woman marries before arriving a1 majority the authority of a guardian of her person ceases, but not that of t be guardian or I ■ a married woman may be the executrix- of a will, she cannot be appointed admin* • tte. it' unmarried at the time of ber appointment her authority >■■ npon her marriage. V married woman may dispose of her estate by will without ■ 1" her husband. ^i ' ■ n \ ■- ry person performing labor upon, or furnishing materials to i : tructlon, repairing, or altering any structure, has a lien on the same I i be land, or the owner's Interest therein, is also subject to the lien, and irlginal contractor within Blxtydays from the time of completing his contract, within thirty days, must file with the county recorder a claim stating his demand, the owner of the property, employer, and the property on which MATTHEWS'S GUIDE. 21 the lion is claimed, and suit must be brought within ninety days from the date of Aline the claim. a Mortgages.— Mortgages are executed and acknowledged in the same manner aa deeds, and do not require the signature of the wife, unlesss the property about to be mortgaged is the homestead, or property in which the wife has an interest. Mortgages with a power of sale are unusual in this State. A mortgage is but a lien and does not confer upon the mortgagee the right to possession of the property mortgaged. A mortgage can be renewed or extended only with the same formalities by which it can be created. Mortgages are foreclosed only by proceedings in equity, in which all parties having interests in the property must be made parties. The same right of redemption after a sale under decree of foreclosure exists as in the case of sales under execution. Mortgages are discharged by a satisfaction piece duly proved or acknowledged and recorded; or by an entry of satisfaction on the margin of the record, signed bv the mortgagee and witnessed by the recorder. Wife need not join unless she be named as mortgagee. . Wii'LS.— Every person over the age of eighteen years, of sound mind, may, by last will, dispose of all his or her estate, real and personal, but no estate shall be bequeathed or devised to any charitable or benevolent society or corporation, or in trust for char- itable uses, unless by will executed at least thirty days before the death of the testator, and the amount of all charitable devises or bequests shall not exceed one-third of the estate of the testator leaving legal heirs. (C. C. 1 1313.) Any married woman may dispose of all her separate estate by will, absolutely without the consent of her husband ; but said will is to be attested and proven as other wills No will other than an olographic will and a nuncupative will shall be valid unless it be in writing, subscribed at the end thereof by the testator or some person in his pres- ence, and by his express direction, and attested by two or more witnesses subscribing t ^ e ^ r names to tne win in tne presence of the testator and in the presence of each other. (C. C. § 1276.) No nuncupative will shall be good when the estate bequeathed exceeds the value of one thousand dollars, nor unless the same be proved by two witnesses who were present at the making thereof, nor unless it be proved that the testator, at the time of pro- nouncing the same, did bid some one present to bear witness that such was his will, or to that effect, nor unless it was made at a time when the decedent was in actual mili- tary service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear, or peril of death ; or the decedent must have been at the time in expectation of immediate death from an injury received the same day. (C. C. § 1289.) A nuncupative will must be reduced to writing within thirty days, and offered for proof within six months after the same was uttered, nor can probate thereof be granted for fourteen days after the death of the testator. (C. C. § 1290.) An olographic will is one that is entirely written, dated, and signed by the hand of the testator himself, either in or outof this State, and need not be witnessed. (C. C. ? 1277.) A mutual will is valid, but may be revoked by either of the testators. A will may provide for its conditional validity, and will be denied probate if the conditions do not exist. If after making a will the testator marries and his wife survives him, the will is re- voked unless she is provided for therein or it is apparent therefrom that it was his inten- tion not to make provision for her. A will executed by an unmarried woman is revoked by her marriage and is not revived by the death of her husband. If a child be born to the testator after the making of his will and is not mentioned in his will or provided for therein or by any settlement, or if the testator omit to provide for any child or the issue of any deceased child, unless it appears that such omission was intentional, such child or issue has the same share of the estate of the testator as though he had died intestate, unless the testator had in his life-time bestowed upon them an equal proportion of his estate by way of advancement. COLORADO: A Spanish word signifying " Red " or " Colored:'' Also called the " Centennial State " from its having been admitted as a State and casting its first electoral vote in the centennial year, 1876. Formed out of territory acquired under the so-called " Louisiana Purchase " in 1803 from France, and from Mexico February 28, 1848, under the treaty of Guadalupe Hidalgo. Explored in 1540, under the Spanish government by Vasques Coronado ; in 1806 by Lieut. Z. M. Pike, under the U. S. government ; in 1820 by Major S. H. Long ; and in 1842-'44, by Lieut. J. C. Fremont, in his famous expedition across the Rocky Mountains. Rapidly settled in 1858-'59 by miners upon the discovery of gold at Pike's Peak. Organized as a territory by the act 22 ma minus's liidi:. of February 28, 1861, and finally admitted as a State August l. l v 7d. bv proclamation of President Grant, under the provisions of the actof !i 3, l s 7">. Area : In square miles, 104,500 ; in acres, 06.880,000. I »• -river is the capital ; also the metropolis and railroad center, con- trolling the trade of an extensive region. An assay office is established here. Population (1880), 54,308. Leadville ranks next in popula- tion: in L880 it was 10,925. Colorado Springs: population, 4,563. < Jounties, 42. Remarkable for its mountain scenery and "peaks," for its great mineral wealth, and for its climate so favorable to consumptives. Temperature: At Denver, in winter, '2^° to 37° ; in summer, 72° to Rainfall (chieflv from May to Julv), 15 to 20 inches. Population of State, in L880, 243,910. Agricvi.ti/kai. Statistics : No. of farms (1880) : 4^06; total land in farms, 1.105,373 acres; improved land in farms, 616,169 acres. Total value in 18S0 of farm-. $25,109,223. Farm product — crop of 1886: Indiancorn: Product, 938,000 bushels ; area in crop, 29,778 acres; average yield i>or acre, 31.5 bushels; value per bushel, 50 cent-; total valuation, s-immno. Wheat: Product, 2,419,000 bushels; area in crop, 122^52 acres; average yield per acre, 19.8 bushels; weight per bushel, 59.5 pounds: value per bushel, 70 cents ; total valuation, $1,693,300. Bye: Pro- duct, 42,000 bushels ; area in crop, 1.009 acres ; a\ erage yield per acre, 22 bush- els; value per bushel, 72 cents; total valuation, $30,240. Oats: Product, 1^91,000 bushels; an -a in crop, 48,207 acres; average yield per acre,:;:; bushels; value per bushel, 4i' cents ; total valuation, 1668,220. Barley: Product, 193,000 bush- els; ana in crop, 6,876 acres; average yield per acre, 28.1 bushels; value per bushel. 62 cent-:; total valuation. $119,660. Potatoes: Product, 631,000 bushels; ana in crop, 8,096 acres; average yield per acn-, 78 bushels ; value per bushel, 57 cents ; total valuation, $359,670. Hay: Product, 11") ,oi)0 tons; area in crop, 115,000 acres; average yield per acre, 1 ton ; value per ton, ^9.80 : total valuation, $1,127,000. Total area in above crops, 332,018 acres. Total valuation of crop. $4,467,000. Wages per month by the year: Without board, $36; with board, $23. Day wa'_'e.-< in harvest: Without hoard. $1.87; with board, $1.35. Day wag ordinary farm labor: Without board, $1.60; with board, $1.12. Dairy products (1880): Milk, 506,706 gallons ; butter, 860,379 pounds ; chi 10.807 pounds. Farm animals, January 1, 1888: Hones: Number. 127,483 ; average price, $58.34 ; value, $7,437,086. Mules: Number, 8,247; average price, $92.12 ; value. $759,697. dlUch cove: Number. 63,023; average price, $37.21 ; value, $2,345,086. Oxen and cattle: Number, 1,049,353; average price, $19.93 ; value, $20,918,827. Hogs: Komi ': average price, $6.54 ; value, $153,103. n.- Number, 1,137,686; average price, $1.98; value, $2,257,169. Wool clip 1 1880 : 3,197, 891 pound-. • tiu.s (1880): No. of establisnmcnt-, r>99; capital. >i.:;n.7il; No. of hands employed, 5,074: total wages paid during year. $2,314,427; valueof materials, $8,806,762. N'alue of products: Flouring and grist mill, $2,63 1,644; lumber, planed, $1,276.- ihk); lumber, sawed, $1,051,295; foundry ana machine Bhops, $1,037,522 ; brick Ud tile, I iash, dOOr, and blinds, $580,000 j bread and other bakery, $">7 },")">•_'; carnage and wagon, $475,000; liquor, malt, $418,902; saddlery ana MATTilKWs's GUIDE. 23 harness, 6320,850; printing and publishing, $307,500; slaughtering and meat packing, §1,082,090; all other industries, $3,990,170. Total value of manufacturing product, $14,260,159. Mine Statistics — 1880: Gold: Product, 130,007.0 ounces; value, $2,699,898. Silver: Product, 12,800,- 119.S ounces ; value, $16,549,274. Total value of precious metal product, $19,249,172. Bituminous Coal: Product 462,747 tons; value, $1,041,350. Copper ingot« : Product, 1 ,578 pounds. Coal deposits along the eastern border of the Rocky Mountains. Quaries : Sandstone and crystalline silicious rocks (1880) : No. of establish- ments, 6 ; capital $13,500 ; product 062,790 cubic feet ; value, $50,400. Total assessed valuation in 1880 of real estate and personal property, $74,- 471.093. Railroads, June 30, 1887 : Mileage, 3,013.52 ; total tracks, 3,233.39 ; locomo- tives, 377 ; total revenue cars, 10,184. Presidential, congressional, and State elections Tuesday after first Monday in November ; senators, 26 — representatives, 49 ; biennial sessions of legislature in odd numbered years, meeting first Monday in January ; limit of session, 40 days ; term of senators, 4 years — of representatives. 2 years. Electoral college, 3. Excellent public school system well supported. School age, 6-21 ; school population, 40,208. State university at Boulder ; school of mines at Garden City ; agricultural college at Ft. Collins. Legal interest rate, 10 per cent. ; any rate by contract. State Laws in Relation to Deeds, Dower, Descent and Distribution op Property, Married Women, Mechanics' Liens, Mortgages, and Wills. Deeds.— Acknowledgments of deeds executed in this State may be taken before any judge of the supreme or district courts ; before any clerk or deputy clerk of such courts ; or before the county judge of any county, such county judge and such clerks severally certifying said acknowledgment under the seal of their respective courts; or before the clerk or recorder of any county or his deputy under the seal of such county ; or before any notary public under his official seal ; or before any j ustice of the peace in his county, provided that if the conveyance be of lands situated out of the county of such justice, his official character and signature shall be certified to by the clerk and recorder of the countv of said justice, under his hand and the seal of the county. The official certificates of notaries appointed after July 2, 1887, shall designate the date of the expiration of their commissions. . When executed out-side of this State, and within the United States, or the Territories thereof, before the secretary of any suoh State or Territory, certified by him under the seal of such State or Territory ; beiore the clerk of any court of record of such Stale or Territory, or of the United States, within such State or Territory, having a seal, such clerk certifying the same under the seal of such court; before a notary public of such State or Territory, he certifying the same under his notarial seal ; before any other officer authorized by the laws of any such State or Territory to take and certify such acknowl- edgment; provided, there shall be affixed to the certificate of such officer, other than those above enumerated, a certificate by the clerk of some court of record of the county, city, or district wherein such officer resides, under the seal of such court, that the person certifying such acknowledgment is the officer he assumes to be, that he has authority by the laws of such State or Territory to take and certify such acknowledgment, and that the signature of such officer to the certificate of acknowledgment is the true signa- ture of such officer; or before any commissioner of deeds for such foreign State or Terri- tory appointed under the laws of this State, certified under the hand and official seal of such commissioner. , When executed out of the United States, before any court of record having a seal, the jud?e or justice of such court certifying the acknowledgment to have been made before such court, under the seal of such court ; bejore the mayor or other chief officer of any city or town havinsr a seal, certified under such seal by such mayor or other officer or beiore any consul of the United States within such foreign country, certified by him under the seal of his consulate. 24 mattpewb's glide. Ail deeds or instruments of writing heretofore or hereafter purporting to have been executed before a notary public of any other Mate or Territory shall prima facie be deem een executed before proper officers. Witnesses are not required. Seals are abolished, see Married Women. Ti. — They vary In terms but all convey the property to a third party as trustee for the u- • d holder of the note to secure which the trust deed 1- ^iven to the tin -tee on defttult of the paymentof the note or inter- .ui:- and conditions In the deed, upon advertisement (usually thirty days) in a i. ol the county. Theeesftri que trust may buy in at the sale, and the pur- is not required t>> see to the application of the purchase-money. They are used • entirely Lnstead of mortg I 'i-i i n r and Disn:ii;ri ion of Pkoperty.— Dower and tenacy by curtesy are abol- ish..:, te of an intestate decends to the surviving wife or husband, where no children or descendants of children are left by such intestate: but In case a child, chil- dren, or di of such children, then one-half of the estate goes to the surviving wife "r hu-band, and the other half to such child, children, or descendants of children, . to tii.- pavment of debts of deceased, sept as above enumerated, Buch estate descends as follows: 1st. To the surviving children and descendants of children who are dead, such descendants, collectively, tak- ing the -hart- which their parent would have taken if living. I'd. If there he no children, nor their descendants, then to the father; if there be no lather, then to the mother; if there be no mother, then to the brothers and Bisters, and to the descendants of brothers - who are dead, the descendant-, collectively, taking the -hare of their imme- diate ancestors in equal parts. Sd. If none of the relatives above enumerated be living, then to the grandfather, grandmother, uncles, aunt-, and then- descendants, the descen- dants taking, collectively, the share of their immediate -.in equal parts, lib. If none of the above enumerated relatives be living, then to the nearest lineal anci and their descendants, the descendants, collectively, taking the share of their immediate ancestors in equal put-. I humous children shall inherit in like manner as if born in lifetime of intestate ; children and descendants of children of the half blood shall inherit the same as those •'( whole blood; collateral relatives of half blood shall Inherit only half the ure of collateral relatives of the whole blood. Illegitimate children .-hall inherit the same — ■ born in wedlock, if the parents subsequently intermarry, and such children be led he tie- lather to be his. Divorce of husband and wife do not affect the right of children previously begotten to inherit their property. If the decedent leaves a widow residing in this state she is all. .wed to retain for her sole use, and as her own property, one bed and beddimr. wear- ing apparel for herself and family, one ewe and calf, her saddle and bridle, one horse. bold furniture for herself and family, in addition to the amount and species of property that by law is exempt from execution. If she so elects, the widow may take th'- value of the above described property in money instead of in kind. What shall Itute the widow's allowance as to quality and value depends upon h.r condition in life, and is determined by appraisers appointed by the court for that purpose. 1 "'..ik. —Dower Is abolished. Kxi MiTioNs. — Every householder, being the head of a family, is entitled to a liome- ofthe value of two thousand dollars exempt from execution and attachment while Buch homestead is occupied by the owner or his or her family. Entry of homestead is made by writing the word "homestead" on the margin of the recorded title thereof, at- tested by the recorder with date of entry. There is also exempt from execution and at- tachment the necessary wearing apparel of every person, and the following property of a person being the head of a family: Family pictures, school books, and library, a seat or pew in any bouse Of public worship, the sites of burial for the dead, all wearing apparel ol the debtor and his family, all beds, bedsteads, and bedding, kept and used for the debtor and bis familv, all stoves and appendages kept for the use of the debtor and his family, all cooking utensils, and all the household furniture not above enumerated not ling one hundred dollars in value, the provisions for the debtor and his family :or six month-, and fuel necessary for six months. The tools and Implements ck In trade of any mechanic, miner, or other nerson not exceeding two hundred dollars in value, the library and implements of any professional man not exceeding three hundred dollars in value, working animals of any person to the value of two hundr.-d dollars one cow and calf, ten sheep, and food for same for six months, one farm wagon, cart or dray, one plow, one harrow and other (arming Implements, including harness and tackle for team not exceeding fifty dollars in value, if the head of the fam- ily dies the family Is entitled to the exemption. There is also exempt from levy on ex- ecution, attachment, or garnishment the earnings of the head of a family or of ti Of the head of a family, when such family is dependent in whole or in part upon SUCb earnings, for thirty days preeeding such levy not exceeding one hundred dollars in amount. This last provision applies onlv to debts incurred after March 28, U Pension money received from the united states Is exempt from all legal pro whether iii the actual possession of the pensioner, deposited, or loaned, and whether the mer be the head ofa family or not. This exemption runs to the pensioner's wife and children, or i-it tor of them, Ln ease of hi- death or absconding. M\i:i:u:ij WOKDI. A married woman may transact business the same as If sole ; e of her personal and real estate, or make any contract In relation to the same without her husband's consent, and may sue and be sued as If sole, and may con- r real estate without bat husband's Joining in the deed with her; and h.r a> knOW- ■ nt to such deed may be taken in the sam.- manner a- h.r husband's. Executions may Issue against her property on judgments obtained against her. MATTHEWS'S GUIDE. 25 Her separate property acquired by her, or left to her by will before or after marriage, Is not bound for her husband's debts, she can make contracts in her own name, buy goods, Rive notes in settlement of purchases, and do any business the same as if sole, and bind her own separate property real and personal. A married woman may sue and be sued in all matters as if she were sole. A female may marry at the age of eighteen without the consent of parents or guardian. She may choose her own guardian at the age of fourteen years. Until her majority her custody and education may be disposed of by will. The minority of females ceases at the age of eighteen years for all purposes. Mechanics' Liens.— A lien is allowed on personal property to the person making, al- ii ring, or repairing the same, and if it is not paid in ninety days after the work is done, it may be appraised and sold. Any person performing work, or furnishing materials on any building by virtue of a contract, has a lien on the same, and he must, within sixty days if an original contractor, or forty days if a sub-eontractor, file a statement in the county recorder's office containing a notice that he claims such lien, a description of the property, and an abstract of the indebtedness, and the action to enforce the lien must be brought within six months after filing such notice. Mortgages.— Trust deeds with power of sale to the trustee are generally in use. Mort- gages may be released by entry of satisfaction or receipt on margin of record. Mort- gages are foreclosed by suit brought for that purpose. wills.— Every person twenty-one years of age, if a male, and eighteen years of age, if a female, being of sound mind and memory, may dispose of all his or her property, real and personal, by will, and all persons of the age of seventeen years may dispose by will of all their personal estate, except that a married woman shall not, without the con- Bent of her husband in writing, bequeath away from him m'ore than one-half of her real and personal property, and if the husband deprives the wife of over one-half of his property by will, she shall be allowed either to accept the conditions of the will or one-half the property, as she sees fit. All wills devising lands, tenements, hereditaments, annuities, or rents must be re- duced to writing and signed by the testator or testatrix, or by some one in his or her presence, and by his or her direction, and attested by two or more credible witnesses, in the presence of such testator or testatrix. Wills are recorded in the county courts out of which letters testamentary or of administration issued, and also with the recorder of each county in which the decedent owned real estate. A nuncupative will made and declared in the last sickness of the testator, in the presence of two witnesses called by him to attest the same, and by them reduced to writing within a reasonable time, and properly proved, shall be good for the devising of personal estate. A devise or bequest made in a will to a witness thereto is void as to such witness, unless there are a sufficient number of witnesses other than the one to whom the bequest or devise is made. No will, other than a nuncupative will, shall be revoked except by burning, tearing, or ob- literating the same by the testator himself, or in his presence, by his direction and con- sent, or by another will or codicil in writing, declaring the same, signed by the testator in the presence of two or more witnesses, and by them attested in his presence. No will executed in due form of law can be revoked or annulled by word spoken. DAKOTA : So named after the Dakota tribe of Indians — the common name of the confederated Sioux tribes, and signifies " Leagued." White set- tlements made by Lord Selkirk as early as 1812 at Pembina ; first permanent white settlements made in 1859. Formed out the so-called u Lousiana Purchase " ceded to the United States in 1803 by Prance, and organized as a territory March 2, 1861. Area : In square miles, 150,932 ; in acres, 96,596,480. Average length, 450 miles ; breadth, 350 miles. General elevation from 1,000 to 2,000 feet. Frontage on Red River of the North 250 miles. Mis- souri river navigable throughout the State. The Cheyenne, Grand, White, Dakota or James, and Sioux or Moose rivers intersect the Territory. Valleys fertile and productive, well watered by the above streams and dotted with fine lakes. The highest peak of the Black Hills (the Laramie) rises 8,000 feet above the sea. A wide belt of prairie encircles the great mineral heart of the Black Hills. Counties, 100. Bismarck, situated on east bank of the Missouri, is the capital city and an important business center : population in 1880, 3,200. Yank- 26 ma i i ii r\\ -'- ..i ii« r. the chief city of southern Dakota: population, 3,500. Fargo an enterprising city: population, 8,201. Dead wood: population, •"..77 v . Grand Forks: population, 4,692. Temperature: At Bismarck, in winter, 4° to 27° ; in summer. 63° . . Rainfall at Ft. Randall, 17 inches, chiefly in the spring and summer. Climate dry and equable. Population (territorial census of 1885), 415,610, and estimated June 30, 1886, at 500,000. Immigration heavy and increasing. Agricultural Statistics : No. of farms (1880): 17,435; tot" 1 'and in farms, 3,830,650; improved land in farms, 1,150,413. Total value of farm?, $22,401,084. Farm products — crop of 1886 : Indian corn : Product, 15,805,000 bushela ; area in crop, 662,625 acres ; average yield per acre, 23.9 bushels ; value per bushel, 37 cents ; total valuation, $5,847,850. Wheat : Product, 30,704,000 bush- els ; area in crop, 2,675,350 acres ; average yield per acre. 11.5 bushela ; weight per bushel, 58.2 pounds ; value per bushel, 52 cents ; total valuation, $15,966,- 080. Rye: Product, 67,000 bushels; area in crop, 5,145 acres; average yield per acre, 13 bushels ; value per bushel, 42 cents ; total valuation, $28,140. Oats : Product, 20,651,000 bushels ; area in crop, 825,600 acres ; average yield per acre, 25 bushels; value per bushel, 30 cents; total valuation, $6,195,300. Barley: Product, 1,232,000 bushels ; area in crop, 56,000 acres ; average yield per acre, 22 bushels ; value per bushel, 38 cents ; total valuation, $468,160. Potatoes : Product, 3,042,000 bushels ; area in crop, 46,800 acres ; average yield per acre. 66 bushels ; value per bushel, 5S cents ; total valuation, $1,764,360. Hay: Product, 385,000 tons; area in crop, 275,000 acres; average yield per acre, 1.40 ton ; value per ton, £4.25 ; total valuation, $1,636,250. Total area in crop, 4,546,520 acres. Total valuation of crop, $31,906,140. Wages of farm labor per month by tbe year : "Without board, $25.85 ; with board, $18.21. Day wages in harvest: Without board, $2.12 ; with board, $1.64. Day wages of ordinary farm labor: Without board, $1.35 ; with board, $1.10. Greatc-t wheat growing section in United States. Farm animals (January 1,1888): Horses: Number, 247,459 ; average price, $76.21 ; value, $18,858,156. Mules: Number, 12,323 ; average price, $97.89 ; value, $1,206,- MUch com : Number, 223,418 ; average price, $21.67 ; value, $4,841,468. Oxen Number, 767,809 ; average price, $21.73 ; value $16,687,171. Hogs r Number, 633,970 ; average price, $5.94; value, $3,173,918. Slieq>: Number, 209,019; average price, $2.60 ; value, $700,526. k raising an industry of grand importance. Value of live stock January 1. 1887, $42,828,338. Annual average increase for seven years in value of live stock, $5,000,000. Rich native grasses grow luxuriantly, and the crop is a never failing one. Grasses retain their richness throughout the year, even when un- -ut. Herds free from disc Dairy products of 1885: Butter, 10,804,260 pounds; cheese, 116,557 pounds; milk, 1,860,368 gallons. Increase of milch cows on farm in 1885- 500 per cent. over 1880. ILunnrAoruBn (1880): Wo. of establishments, 251 ; capital, $771,428 : average No. of hands employed, B80j annual wages paid. $889,875; value of materials, $1,523,761. Valu<- of productB: Flouring and grist mill, $1,040,958; sawed lumber, $435,- all oth.r in. lu-trie-, $897,220. Total value of products ol manufactures, $2,373,970. >d. l>ahor strikes unknown. MATTHEWS'S' GUIDE. 27 Deposits of petroleum, coal, salt, tin, iron, copper, lead, marble, gran- ite, mica, asbestos, potter's clay, with the precious metals, have been discovered, some of them in considerable quantities. Product of the precious metals in 1886, $33,770,000. The Black Hills produce all the gold and silver mined in the Terri- tory. Whole country west of the Missouri river and large part of north- ern Dakota underlaid with a deposit of lignite coal in veins 18 feet thick. Forest area of territory estimated at 3,000,000 acres : yellow or Norway pine, black and white spruce, burr oak, white elm, aspen, white birch, ash, and juniper. About 8,000 square miles of Black Hills covered with timber of merchantable qualities ; more than 20,- 000,000 feet of pine logs annually manufactured into lumber ; none exported. Other sections prolific in forests. Total assessment of property in 1887, $157,084,356.99. Total railroad mileage, owned and operated, January 1, 1887, 3,491. Nine steamboats engaged in river traffic, handling annually upwards of 16,000,000 pounds of freight. School system and number of schools and institutions of education unsurpassed. Territorial and congressional elections Tuesday after first Monday in November ; senators, 12 — representatives, 24 ; sessions biennial in odd numbered years, meeting second Tuesday in January ; sessions limited to 60 days ; term of senators and representatives, 2 years each. Legal interest rate, 7 per cent. ; by contract, 12. State Laws in Relation to Deeds, Dower. Descent and Distribution op Prop- erty, Married Women, Mechanics' Liens, Mortgages, and Wills. Deeds— May be made by husband to wife, or wife to husband. The wife need not ioin in a conveyance of land belonging to her husband, nor is it necessary that the msband shall join in conveyance of land belonging to his wife; except homesteads, in which case, if the owner is married, and both husband and wife are residents of the Territory, both must concur in and sign the same joint instrument. An estate in real property, other than an estate at will, or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument m writing, sub- scribed by the party disposing of the same, or by his agent thereunto authorized by writing. The execution of a grant of such estate in real property, if it is not duly ac- knowledged, must, to entitle the grant to be recorded, be proved by a subscribing wit- ness or as otherwise provided by law. Trttst Deeds— Are not in general use in this Territory. Descent.— Where a person dies intestate, his property, except the homestead ana certain personal property, after payment of debts, and expenses of administration, unless limited by marriage contract, is distributed as follows : If the decedent leaves a surviving husband or wife, and only one child, in equal shares to each; if more than one child, one third goes to the surviving husband or wife, and the remainder to Ohe children in equal shares. The children of the deceased child take by right of representa- tion. If the decedent leaves no children, the surviving husband or wife takes one-half, and the other half goes to the decedent's father, and if he have no father living, then in equal shares to the brothers and sisters and mother, and to the children of any deceased brother or sister bv right of representation. If the decedent leaves no issue, nor husband nor wife, the estate goes to the father; and if there be no father, to the brothers and sis- ters and mother, as aforesaid. If decedent leaves no husband wife, father, brothers nor sisters living, the estate goes to his mother, to the exclusion of the issue of any decease.! brothers or sisters. If the decedent leaves a surviving husband or wife, and no issue, father, mother, brother, nor sister, the whole estate goes to the surviving husband or wife. If the decedent leaves none of the aforementioned, the estate goes to the next ot kin in equal degree; if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those claiming through the nearest ancestors must mai rHEwe'a guide. l; and if a surviving child dies under age ami unmarried, his share goes to others and Bisters, and to the children of deceased brothers and e atlon. If the decedent leaves no husband, wife, nor kindred, the ichool fond of the Territory. The degrt e of kindred is established by the number of generations, and each generation la calfeda degree. Klndredoftha ii.ih blood Inherit equally with those of the whole blood, unless the Inheritance came to state by decent, division, or t;iit of some one of his ancestors, when those of the hall 787. I n iwbr.— Dower and Curtesy are abolished. Ml family pictures; a pew or other sitting in any house of worship; a lot or Lots In any burial ground ; the family bible, and all other school books us< the family, and all other hooks used as a part of the family library not exceeding In vat dollars; all wearing apparel and clothing of the debtor and ins family; the provisions for the debtor and his family necessary lor one year's Bupply, either pro- vided or growing, or both, and fuel accessary for one year; the homestead, as created, defined, and Limited by law. in addition t<> the above mentioned property, the debtor may by himself or ins agent select, from all other of his personal property not lately exempt, goods, chattels, merchandise, money, or other personal property, not to ite fifteen hundred dollars la value, which la also exempt. Instead of the fifteen hundred dollar exemption, the debtor may seleot ana choose the following property, which shall then be exempt, namely : ah miscellaneous books and musical Instruments tor the use of the family, not exceeding nve hundred dollars in value; all household and kitchen furniture, including b< d iding, u- d by the debtor and his family, not exceeding five hundred dollars In value ; and in btor shall own more than live hundred dollars' worth of such property, ho niu-t select therefrom such articles to the value of five hundred dollar-, leai Lng the re- mainder subject to Legal process; three cows, ten swine, one yoke of cattle and two - or mules, or t wo yoke of cattle, or two -pan of uorsea or mules, one hundred i and their lambs under six n inn lis oh 1, and all Wool of the same, and all cloth or yarn manufactured therefrom ""• necessary i l for the animals hereinbefore men- tioned f.r one year, either provided or growing or both, as the debtor may choose: also, one wagon, one sleigh, two plow-, one harrow, and Carmine utensils, including tackle for teams, not exceeding three hundred dollars in value; the tools and Implements of any mechanic, whether a minor or of age. used and kept for the purpose of carrying on his trade or business, and, in addition thereto, Stock in trade not exceeding two hun- dred dollars in value. The library ami Instruments of any professional person, not ex- ceedlng six hundred dollars in value. No personal property is exempt, except that absolutely exempt, from execution for laborer's or mechanic's wages, or physician's bills, or lor debt incurred for property ob- tained under false pret> apt those made absolute, the exemptions do not apply: To a corporation for profit; to a non-resident ; to a debtor who is with his family removing from the Terri- tory, or who ha- absconded, taking with him his family, a' partnership firm can claim but one exemption of fifteen hundred dollars In value, or the alternative property, when so applicable, instead thereof,. out of the partnership propert v. and not a several exemption for each partner. (C. C. P. %i. 321-XAi.) Am r the debtor's death, such exempt property is set apart for the benefit of the surviving wife or husband, or the minor children, and is not liable for any prior debts or claims against the decedent, < when there are no assets available for the payment of the accessary expenses of b ral charges, expenses of administration. (Prob. • . No p..-. petty i- exempt irom execution for the purchase-money of the same property. ■•h. 50.) II 1 he homestead Of every family resident in this Territory, whether . by the husband or wife, so Long a< it remains a homestead, is absolutely exempt, , mechanics' liens for work, labor, or materials done or furnisaed exclu- sively for the improvement of the same; and debts created forth.' purchasee thereof. If within a town plat it must not exceed one acre In extent, and if not within a town plat it must riot embrace In the aggregate more than one hundred and sixty acre-, with the house and buildings appurtenant t hereon; and is without limitation in value. Such exemption continues after the debtor's death, for the benefit of the surviving hu-hand re and children; and If both husband and wife be dead, till I t child be- oomes "i age. i Re\ . I lodes, cl M ARR TT) W'o.mi.n.— \ married woman may own, in her own right, real and personal ty, acquired by descent, gift, or purchase, and manage, Bell, convey, and devise tne to the same extent and in same manner as If she was unmarried, t 'on tracts may he made by a married woman, ami liabilities incurred, and t he sa me enforced by or against her, to the Bame extent and In the same manner as if unmarried. Neither husband nor wife has any Interest In the property of the other, but neither can be ex- i from the ot i Hi's dwelling. Either husband or wife may enter into any engage- mentor transaction with the other, or with any other person, respecting property, which might enter into If unmarried; Bub, t , In transactions between themselves, to nerul rules which control the action- of persons occupying confidential relations with each other as defined by the law of trusts. a husband and wife may hold real or personal property together Jointly or In common. Neither hu-hand aorwife, as such, Me for the acts of the other. The earnings of the wife are not liable for the debts of the husband; and the earn and accumulations of the wife, and of her minor children Living with her or In her cus- whlle she Is living separate from her husband, are the separate property of the wife. The separate property of the husband La not liable for the debts of the wife con- MATTHEWS'S GUIDE. 29* tracted before the marriage. The separate property of the wife is not Liable for the debts of her husband, but is liable for her own debts, contracted before or after marriage. A wife's separate property is not liable for debts contracted for the support of herself, her children, or the family, as her husband's agent. A married woman may buy and sell goods, give notes or other obligations, and sue and be sued, same as if unmarried. (C. C. gg 75-85.) Women attain their majority at eighteen. (U. (J. § 10.) Mechanics' Liens. — Every mechanic or other person who performs labor or furn- ishes material, machinery, or fixtures for any building, erection, or improvement upon land, has a lien therefor upon the building and land. Notice of lien must lie tiled with the cleric of the district court, by a sub-contractor within sixty days and by a contractor within ninety days after performing the labor or furnishing materials. No lien is allowed when other security is taken. Mortgages. — A mortgage of real property can be created, renewed, or extended only by writing, with the formalities required in the case ot grant of real estate; the wife need nbt join only in mortgage of homestead. Mortgages containing power of sale may be foreclosed, by advertisement, without the intervention of the court, and the premises sold at public auction to satisfy the mortgage debt. Mortgages may be foreclosed by ac- tion and a personal decree obtained in the same action against the mortgagor for any deficiency from the debt and costs arising on the sale of the mortgaged premises. Amort- gage may be discharged by an entry in the margin of the record thereof, signed by the mortgagee, or his personal representative or assignee, acknowledging the satisfaction of the mortgage in the presence of the register of deeds, or upon the record by a certificate duly executed, acknowledged, or proved, and certified and recorded, same as the mort- gage. The mortgagor has possession of the premises during the year of redemption after the sale. A mortgage of a homestead shall be of no validity unless the husband and wife, if the owner is married, and both husband and wife are residents of this Territory, concur in and sign the same j oint instrument. (C. C. § '£ 172:5-1736.) Wills.— Every person over the age of eighteen years, of sound mind, may, by last will, dispose of all his estate, real and personal. An olographic will is one entirely writ- ten, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this Territory, and need not be witnessed. Every will other than a nuncupative will must be in writting; and every will other than an olographic will and a nuncupative will be executed and attested as follows : It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto; the subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them to have been made by him or by his authority ; the testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will ; and there must be two attesting witnesses, each of whom must sign his name as a witness at the end of the will, at the testator's request and in his presence. A witness to a written will must write, with his name, his place of residence ; and a person who subscribes the testator's name, by his direction, must write his own name as a witness to the will. But a violation of this section does not affect the validity of the will. A will of real or personal property, or both, or a revocation thereof, made out of this Territory by a person not having his domicile in this Territory, is as valid, when exe- cuted according to the law of the place in which the same was made, or in which the tes- tator was at the time domiciled, as if it were made in this Territory, and according t o the provisions of this chapter. No provisions made lor proof of wills made out of the Territory different from those made within. A married woman may dispose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single. Her will must be executed and proved in like manner as other wills. A will executed by an unmarried woman is revoked bv her subseqent marriage, and is not revived by the death of her husband. (C. C. ?§ 683-709() A foreign will may be admitted to probate upon the production of a copy oi the same, and the probate thereof duly authenticated with a petition for letters, by the executor, or any other person interested in the will, to the probate judge. Wills are recorded in the office of the probate j udge. (Prob. C. § 1 27-30.) If after making a will the testator marries and the wife survives him, the will is re- voked, unless provision has been made for her by marriage contract, or in the will, or it is apparent therefrom that it was not his intention to make provision for her. If a child be born to the testator, after making his will, and is not mentioned in his will or pro- vided for therein or by any settlement, or if the testator omits to provide for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child or the issue of such child succeeds to the same portion of the tes- tator's property that he would have succeeded to if the testator had died intestate. (C. C. \\ 708,715.) FLORIDA : Also called " the Peninsula State." Juan Ponce de Leon fitted out an expedition in search of the fabled island of Bimini, in which was situated "the Fountain of Youth," or "the fountain the waters MAI 111! WS'g QUID] . of which would give eternal youth," and landing near the Bite of San Augustine on Easter Sunday CPaecua Florida, "FeaA of Jfiawer8 n ) in 1512, gave to the land, in honor of thai -lay, the name of Florida, P( dro Menendez, a captain of the celebrated Philip 11. of Spain, " the master of the two Indies," founded San Augustine August 25, 1565. Ceded to the United States bySpain by the treaty of February 22, 1819. East and west Florida organized as one Territory by the of March 30, L822, and March .".. 1823, and admitted by th( ixch •'.. 1845, as a State into the Union. _ Area: In square miles, 56,268 ; in acres, 37,931,520. Atlantic- and Gulf coast lin.- 1.1-10 miles ; Length north and Bouth, dot) miles ; and west, 340 miles; mean width of peninsula, lOOmiles; highest elevation, 250 or •':<»<> feet Counties, 45. Cleared land valued at $9.48 per acre ; woodland at $3.03 per acre. Climate very fine. Frost in southern portion unknown, and very light in t!i>- northern. Air dry and equable, rivaling that of south- ern Italy. Thousands of persons resort to it to escape the rigorous northern winters. Rainy season between June and October. Temperature: At Jacksonville, in winter, 55° to 01°; in summer, 80° to S3 . Rainfall at Ft. Meyers, 57 inches. Surface level hut undulating; dotted with a great number of lake>, them navigable, which, with numerous rivers (the St. Johns, Indian, Caloosahatche, Withlacooche, Suwanee, etc.), furnish ample facilities for internal transportation. - luthern portion an extensive swamp — the famous lake called " the rglades," Idled with islands covered with a dense jungle or growth of tall rank grass : area, 100 miles in length — width, 60 miles, with a depth of from 1 to G feet. Tallahassee the capita] : population. 2,494. Key West the metrop- olis has good harbor and naval station — population, 9,890. San Augustine the oldest town in the United States. Population. 209,493. Principal products those of tropical regions: Cotton, coffee, cocoa, BUgar cane, tobacco, rice, indigo, etc. Oranges, bananas, pine apples, olive-. grap< 3, lemons, limes, pomegranates, etc., flourish luxuriantly. AOBN i in i: m. Si \tisth 9 : No. of farms f 1880), 28,488 ; total land in farms, 3,297,324 ; unimproved land in forma, 947,640. I value <,f Ian..-, $20,291,835. l.mn products— -crop of 1886: Indian corn: Product, 4,597,000 bushels; area in crop 441,074 acres: average yield per acre, 10.4 bushels ; value per bushel, 71 ... ate; total valuation, »)8,26S,870. Oats: Product, 489,000 bushels; area in crop, Ml' ' iel-1 per acre, 9.5 bushels; value per bushel, 03 cents; total valuation, &308,070. . ,. Product, 134.000 bushels; area in crop, l,996acres; average yield per aero, 67 bushels ; value per bushel, *i ; total valuation, $134,000. Antonio OrfiCm MATTHEWS'S GUIDE. 31 Cotton: Product, 59,332 bales; area in crop, 270,738 acres ; average yield per acre, .219 bale; value per pound, 8 cents 2 mills ; total valuation, $2,286,653. Total area in crop, 765,275 acres. Total valuation of crop, $5,992,593. Wages of farm labor per month by the year : Without board, $18 ; with board, $11.33. Day wages in harvest: Without board, $1.04; with board, 78 cents. Day wages of ordinary farm labor: Without board, 95 cents; with board, 70 cents. Orchard products (1880), valued at $758,295, chiefly oranges, lemons, and limes. Tobacco (1880), 21,182 pounds. Rice product, 1,294,677 pounds. Sugar, 1,273 hogsheads ; molasses, 1,029,868 gallons. Farm animals, January 1, 1888: Horses: Number, 32,743; average price, $80.87; value, $2,647,961. Mules: Number, 12,496; average price, $96.02; value, $1,190,895. Milch cows: Number, 52,822 ; average price, $16.32 ; value, $862,055. Oxen and other cattle: Number, 576,912 ; average price, $8.56 ; value, $4,941,078. Hogs: Number, 307,051 ; average price, $2.05; value, $628,840. Sheep: Number, 92,888 ; average price, $1.96; value, $182,061. Immense ranges of forests of pine, magnolia, live and water oak, laurel and other valuable timber great sources of wealth. Live oak valuable for ship- building. Manufactures (18S0) : No. of establishments, 426 ; capital, $3,210,680 ; average number hands em- ployed, 5,504; annual wages paid, $1,270,875; value of materials, $3,040,119. Value of products : Flouring and grist mills, $337,780 ; sawed lumber, $3,060,- 291; tar and turpentine, $295,500 ; tobacco, cigars, and cigarettes, $1,347,555; all other industries, $505,322. Total value in 1880 of products of manufactures, $5,546,448. Fisheries (1880) : Persons employed, 2,480 ; capital invested, $406,117 ; value of product, $643,227. Presidential, congressional, and State elections Tuesday after first Monday in November; senators, 32 — representatives, 76. Biennial sessions of legislature in odd numbered years, meeting Tuesday after first Monday in January; limit of session 60 days; term of senators. 4 years — of representatives, 2 years. Electoral college, 4. Public school system. School age, 4-21 years. Legal interest rate, 8 per cent. ; by contract any rate. State Laws in Relation to Deeds, Dower, Descent and Distribution 6f- Property, Married Women, Mechanic's Liens, Mortgages, and Wills. Deeds.— No estate or interest of freehold or for a term of more than two years, or any uncertain interest of, in or out of any messuages, lands, tenements, or hereditaments, shall be created, made, granted, conveyed, transferred, or released in other manner than by deed in writing sealed and delivered in the presence of at least two witnesses, by the party creating, making, granting, conveying, transferring, or releasing such estate, in- terest, or term of years, or by his, her, or their agent thereto lawfully authorized, unless by last will and testament. (McClellan's Digest, p. 214.) All deeds, mortgages, or other conveyances, by which any right, title, interest, or claim to any real estate in thisState maybe conveyed, affected, defeated, impaired, or released, all powers of attorney relating to the same, and all instruments under seal, to be used or recorded in this State, in order to entitle the same to be so used or recorded, in case the same shall be acknowledged out of this State, shall be acknowledged by the party or parties executing the same, or the execution thereof by said party or parties shall be proved by a subscribing witness thereto before a commissioner duly appointed by the governor of Florida. In those cities or counties where no commissioner is appointed, or where he is unable to act, the acknowledgment or proof may be taken before the chief justice, judge, presiding justice, or president of any court of record of the United States, or of any State or Territory thereof, having a seal and a clerk or a prothonotary ; but no proof or acknowledgment taken by any such party shall entitle such deed, power of at- torney, or conveyance to be recorded, unless taken within some place or district to which MATTHEW8'S GUIDE. theju ' oourt to which be belongs shall extend, and the place of taking rment be by lnm set forth In bis certificate of acknowledgment, and also that the court of winch he La such chief Justice, Judge, presiding lust ice, or president, la a court of record ; the certificate shall Btate that the party t iking the acknowledgment knows or has satisfactory proof that the person making such acknowledgment la the In- dividual described in and who executed the deed or Instrument under seal; the certifi- cate of acknowledgment of Buch chief Justice, judge, presiding Judge, or president, shall impanled by the certificate of the clerk <>r protnonotary of tin urt for wiiich he , or president as aforesaid, under the soil of said court, thai duiv appointed or authorized as such judge, Justice, or president, eta On the 34th of February, 1878, "An act providing for the acknowledgment of deeds and oth.-r conveyance of lands" was approved and became a law. Acts of 1878, : ■t is thought t<> enlarge and not to supersede the provisions of the former laws on mesubiect, it Is as follows: "Section i Deeds executed In this State of lands, or any Interest in lands therein, shall be executed in the presence of two witnesses, who shall subscribe their names to the same as such, and the persons executing such deeds may acknowledge the execution thereof before any Judge, clerk of the circuit court, notary public, or justice ol the peace within the Stated and if any such deed or convey- ance of land shall i>e executed In any other state. Territory, or District of the United j, such deed may be executed according to the laws of such state. Territory, or Dis- trict, and the execution thereof may he acknowledged before any Judge or clerk of a court ord, notary public, iu-tiee of the peace, or other officer authorized by the laws of Territory, or District to take acknowledgment of deeds therein, or before any dssioner appointed by the governor of this state for such purpose. Section 2. If socb deed he executed In any foreign country it may be executed according to the laws ii country, any execution thereof may be acknowledged before any notary pub- lic therein, or before any minister plenipotentia ry, minister extraordinary, minister res- », commissioner, or consul of the United states appointed to reside therein, or before a amissioner appointed by the governor of this State for such pur- pose, which acknowledgment snail be certified therein by the officer taking tbe • under his hand, and his seal of office shall be affixed to such certificate. Sections, it ich deed or other conveyance shall be executed and acknowledged In any other or country, before any officer not having an official seal, he shall base attached rtlficate of the clerk or other proper certifying officer of a court of record or certificate of the secretary of state, minister plenipotentiary, minister extraordinary, minister resident, charge cC affaires, commissioner, or consul (as the case may be), that the person whose nam.' is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he Is therein represented to be; thai he believes the signa- ture of such person subscribed thereto to be genuine, and thai the deed Is executed and acknowledged according to tbe laws of such State, Territory, District, or foreign country. ml Any d i or conveyance heretofore executed and acknowledged Incompli- ance witii the provisions of this act shall have the same force and effect, and be as valid as if the same had been executed after the passage of this act. Section 5. Every eon- ace of real estate within this state hereafter made, which shall not be recorded in th unty In which tie- lands are situated within six months after tbe execution th< shall be void as against any subsequent purchaser." (McClellan's Digest, pp. 218, 219. In Carr 1 1, Thomas, is i-'ia. 786, the supreme court decided that §5 above is Inoperative and \ 1 1 of art. 4 of the Constitution, which provide- •• that each law enacted in the legislature shall embrace but one subject, and matters properly connected there- with, which Bubject shall be briefly expressed In the title." By theacl of 1885, "all deeds ol iveyance, bills of sale, mi ir other transfers of property, either real or personal, within the limits of this State, wbich are required for any purpose to i>'- recorded, shall be deemed to have been recorded from the date the bane- is presented and Bled with the officer required to record the same " Tkusi Deeds. See Mortgag< i. Descent.— Whenever any person having title I te of inheritance shall die Intestate as to Buch est ite, it sha n descend in parcenary to the male and female kindred as follows : To bis children, or their descendants, if any there be. If no children, nor their descendants, then to ins father, rf no father, then to his mother, brothers, and -. and their descendants, or such of them as there be. [f no brother, nor sister, nor their descendants, the Inheritance shall be dh Ided Into moieties, f which shall go to the paternal, the other to the maternal kindred In the following course, namely, iir-t to the grandfather it no grandfather, then to tbe grandmother, uncles, and aunts on tbesa i I their descendants, or such ol tbem as there be If there be no grand- mother, ancle, nor aunt, nor their descendants, then to the great-grandfathers, or great- grandfather, it there be bul one. it there I ' grandfathers, then to the great-grandmothers, or great-grand- mother, If there be bnt one; and the brothers and there and grand- mothers, and tbelr descendants, or such of tbem as there be. And so in other cases without end, passing to the nearest lineal male ancestors, and, for want of them, to the lineal female ancestors In the same degree, and the descendants >h male and female ancestors, or such of them as there may be. Whenever an Infant shall die w Ithout issue, having title to any real estate of Inheritance derived by gift, de- r descent from ihe father, and there be living al the death ol such Infant, his father, acta Infant, on the part of the father, or the paternal grand- not her of the infant, or any brother or sister of the father, or any de- of them, then such .state shall descend and pass to the paternal kln- ird to the mother or otber maternal kindred of such Infant, in the same id been no such mother or other maternal kindred living at the MATTHEWs'a GUIDE. 33 death of the infant, saving, however, to such mother any right of dower which she may- have in such real estate of inheritance. And where an infant shall die without issue, having title to any real estate of inheri- tance derived by gift, devise, or descent from t he mother, and there be living at the death of such infant, his mother, or any brother or sister of such infant, on the part of the mother, or the maternal grandfather, or the grandmother of the Infant, or any brother or sister of the mother, or any descendant of any of them, then such estate shall descend and pass to the maternal kindred without regard to the fattier or other paternal kindred of such infant, in the same manner as if there had been no such father or other paternal kindred living at the death of the infant, saving, however, to such father the right which he may have as tenant by the curtesy in the said estate of inheritance. And where from want of issue of the intestate, and the father, mother, brothers, and sisters, and their descendants, the inheritance is before directed to go by moieties to the paternal and maternal kindred : If there should be no such kindred on the one part, the whole shall go to the other part, and if there be no kindred either on the one part or the other, the whole shall go to the wife or husband of the intestate ; and if the wife or husband be dead, it shall go to her or his kindred, in the like course as if such wife or husband had survived the intestate and then died entitled to the estate. And in the cases before mentioned, when the inheritance is directed to pass to the ascending and collateral kindred of the intestate, if part of such collaterals be of the whole blood to the intestate, and other part of the half blood only, those of the half blood shall inherit only half as much as those of the whole blood ; but if all be of the half blood, they shall have whole portions, only giving to the ascendants (if any there be) double portions. By an act of the legislature, passed November 20, 1828, it is provided that the distribution of personal property, remaining in the hands of the executor or administrator after the payment of all debts and legacies, shall be made according to the provisions of the law regulating descents. If married women die in this State possessed of real and personal property, or either Bpecies of property, the husband takes a child's part; and if there be no children he is entitled to the administration and to all her property both real and personal. By an act of the legislature, approved February 27, 1872, it is provided, "If a man die In this State intestate, without children, who shall at the time of his death be possessed of real and personal property, or either, the wife shall take the whole estate or dower at her election ; and that where the husband dies intestate, without children, the wife shall be sole heir at law." The supreme court in Crolly vs. Clark, June term, 188-1, decided that under the above act, if the husband dies outside of this State intestate, without children, the widow is the sole heir at law. Whenever any person shall die in this State leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of his or her child or children, husband, or wife, in equal portions, or to any other person or persons for whose benefit said insur- ance is declared in the policy, and the proceeds thereof shall in no case be liable to at- tachment, garnishment, or any legal process by any creditor or creditors of the person whose life was so insured, unless said policy declares that the said insurance was effected for the benefit of such creditors. (Act of February 17, 1872.) Dower.— The widow is entitled as dower to a life estate in one-third part in value of the realty of which her husband died seized and possessed, or of which he was seized and possessed at any time during the coverture (and had conveyed), in which she had not relinquished her dower, and to one-third part of the personalty absolutely ; and this claim to dower is a preferred one, and superior to that of a creditor. Instead of dower a widow may elect to take a child's part in the estate of her deceased husband, provided she makes her election within twelve months from the probate of the will or granting of letters of administration. If she takes a child's part in lieu of dower, she takes a fee-simple estate in the realty, and an absolute title to the personalty, but subject to the payment of the debts of the husband. Exemptions.— Article X. of the constitution of 1885 provides as follows : "Sec. 1. A homestead to the extent of one hundred and sixty acres of land, or the half of one acre within the limits of any incorporated city or town, owned by the head of a family resid- ing in this State, together with one thousand dollars' worth of personal property, and the improvements on the real estate, shall be exempt from forced sale under process of any court, and the real estate shall not be alienable without the joint consent of hus- band and wife, when that relation exists. But no property shall be exempt from sale for taxes or assessments, or for the payment of obligations contracted for the purchase of said property, or for the erection or repair of improvements on the real estate ex- empted, or for house, field, or other labor performed on the same. The exemption herein provided for in a city or town shall not extend to more improvements or buildings than the residence and business house of the owner ; and no judgment or decree or execution shall be a lien upon exempted property except as provided in this article. Sec. 2. The exemptions provided for in section one shall inure to the widow and heirs of the party entitled to such exemption, and shall apply to all debts, except as specified in said sec- tion. Sec. 3. The exemptions provided for in the constitution of this State adopted in 1868 shall apply as to all debts contracted and judgments rendered since the adoption thereof and prior to the adoption of this constitution. Sec. 4. Nothing in this article shall be construed to prevent the holder of a homestead from alienating his or her home- stead so exempted by deed or mortgage duly executed by himself or herself, and by hus- band and wife, if such relation exists: nor, if the holder be without children, to prevent him or her from disposing of his or her homestead by will, in a manner prescribed by law, Sec. 5. No homestead provided for in section one shall be reduced in area on ac- count of its being subsequently included within the limits of an Incorporated city or town without the consent of the owner." 34 MATTHEWS B <;iIDE. n act approved February 84, 1878, " When the homestead is not within tbc corpo- rate limits of any town or city, the person claiming said exemption shall bave the right tpart that portion of land belonging to bim which Includes bis residence, <>r not, Tbesuprem >nrt. in Friedenberg v. Wilson, decided thai the bead of a family can. . ise his homestead bo as to deprive his children •>!" the benefit of the same. ey due for the personal labor or services <>i' any person who is the bead "i" a fam- . din- in this State, is exempted from attachment or garnishment. (Acts oi 1876, 1 Marrii dwou !*.— The constltntlon of 1885, article XI.. provides that "all property, I of a wife, owned by her before marriage, or lawfully acquired after- wards by gift de\ ise, bequest, descent or purchase, Bhall be her separate property, and me shall uot be liable for the debts of her husband without her consent given by instrument In writing executed according to the law respecting conveyances by married women A married woman's separate, real, or personal property may be charged in equity and Bold, or the uses, rents, and profits thereol sequestered for the pure! money thereof; or for money or thing due upon any agreement made by her in writing for the benefit of her separate properly ; or for the price of any property purchased by her or for labor and material used with her knowledge or assent In the construction <>f buildings or repairs, or Improvements upon hex property, or for agricultural or other labor bestowed thereon with her knowledge and Ironsent.' ,....,,., ,,, act "i iii,- legislature approved March 6, 1845, 11 was provided that " hereafter when any female a citizen of this state, Bhall marry, or when any female shall marry a i of this state the female being seized or possessed of real or personal property, her -hall continue separate, Independent, and beyond the control ol her ad notwithstanding her coverture, and shall not he taken in execution tor ins ■ and that she may become seized or possessed of real ami personal property dur- iverture, by bequest, devise, gift, purchase, or distribution, subject to the like re- strictlons, limitations, and provisions." ii isb ind and wife must join in all sales, transfers, and conveyances ol the prop- if the wife, and the real estate of the wife shall only he eonveye,l l,y the joint deed of the husband and wife, duly attested, authenticated, ami admitted to record, accord- ing to tin- law- of Florida regulating conveyances of real property. Bee !>■ eda. v married woman, owning real estate of inheritance in tins state, may sell, convey, transfer or mortgage the same, or any part thereof, in the same manner as si,,, mlghl do ii she weresoleand unmarried, provided the husband of said married woman join in such s lie conveyance transfer, or mortgage, and the same i„- made and authenticated in the .,-r prescribed bythelawa in force regulating conveyances of real estate and the recording and authenticating the same; and provided a No. thai such married woman shall acknowledge on a separate, private examination, apart from her husband, before (Beer or other person appointed by law to take her acknowledgment of her i tlon of any such sale, conveyance, transfer, or mortgage, that she executed th,- same fre lv and without any fear or compulsion of her said husband. Females become of age at twenty-one. ... , .. , _. . . , „ ,,-t of March 11, 1879. a married woman residing m this State may become a free dealer and manage take charge of, and control her own estate, and contract and be oon- d with sue and he sued, as if unmarried, by making petition in chancery to the fudge of the circuit curt. who. upon being satisfied, upon testimony taken before a mas- ter a- to the capacitv and qualilications of such married woman to take charge Of and manage her own estate. and to become a free dealer, may granl her a l use for that pur- Itb the prayer of the petition, lour Weeks' notice ,,i such applica- tion being publish d. , . , . , . . . ,11 not !„■ lawful for any married woman to take charge Ol and manage h,r own estate until the order and decree granting such license shall have been published four slon In some newspaper in the county or circuit, and h no newspaper be published in the county, then by postings copy for four weeks at the court-house door ami two more public places in the county In which she may reside al the timesucfa order was ma,ie. ,ii f -aid notice- to be posted in the neighborhood where applicant resides. (McClellan's Digest, pp. 754-757. Bee also Descent of Property and Dower. Mi ,n inks' Liens. -Mechanics' and ail other persona performing labor or furnlsh- [ng materials or machinery in th.- construction or repair ,,i any building, mill, etc., have a lien on BUCh building and the land on which it stands. ; any craft performing labor upon and with any machinery, apparatus, fix- ay oilier thing have a lien thereon for ninety days after failure or refusal to pay Tor such labor. These liens are enforced by attachment. Persons loading or un- j,, :i ", i have a hen on the vessels, Persons cutting or rafting logs or timbers have a lien on the same. ... ,, ., -,,,,. ions performing any labor on or for a railroad have a Hen on the railroad and its property, which may be enforced by bill In equity. Mortgages Ml deeds of conveyances, bills of sal,-, or other instruments .if writing ,r -• Illng propert v. either real, personal, or mixed, for the purpose or with the intention of securing the payment of ney, whether such deed, pill of sale, or ..the,- Instrument be the same from the debtor to th,- creditor or from the debtor to some thud person m trust for the creditor, -hail be deemed and held as mortgages, and must be fot iicii m reait v are not usually accompanied by bond to Becure Judgment for de- fld, . , .- provided for by Equity Rule H9, a- follows: "In suits in equity for the foreclosure of mortgages a decree may be rendered for any balance that maybe found to the plaintiff and ah ,ve the proceed- ol the -ale or sale-, and execution may IssUO for the c.,11, ctlon of the same." MATTHEWS'S GUIDE. 35 Mortgages maybe discharged by acknowledging satisfaction thereof before theclerkof 1 -the circuit court where recorded, and proper entry upon the record, or bv n s;it isiaction piece cither indorsed upon the mortgage or separate therefrom, duly proved or acknow- ledged for record before some officer authorized by the laws of Florida to take acknowl- edgment of deeds. The wife need not join. Wills.— Every person of the age of twenty-one years and upwards, of sound and ■disposing mind, has the right and power in this State, by last will and testament in writing, to devise and dispose of his or her lands, tenements, ami hereditaments »nd 01 his or her estites, right, title, and interest in the same in A m irried woman may dispose of her property, both real and personal, by last will and testament, in the same manner as if she were not married. | Aeis 1881, ppl GO, (u.) IDAHO: " The Gem of the Mountains." Prior to I860, the date of the discov- ery of gold, the white population consisted almost wholly of trappers, prospectors, and missionaries. Over half a century ago Ft. Boise (wooded) was established by the Hudson Bay Fur Company on the west side of Snake river. With the discovery of gold permanent set- tlements began, and by the act of March 3, 1863, it Avas organized into a Territory. Drained by the Snake and Salmon rivers and their tributaries. Shoshone Falls "the Niagara of the West" Counties, 15. Area : In square miles, 86,294 ; in acres, 55,228,160. Altitudes from 2,000 feet to 13,000 feet. Boise City, " the Gem of the Rich Country " and the capital, is an enter- prising city, with its national banks, first-class water power, public buildings, schools, etc. Population, 1,899. Silver City and Florence thriving mining towns. Highest temperature during year 1887, at Boise City. 100.3° ; low- est temperature, 6.1°. Average temperature, 50.8°. Rainfall during year, 13.18 inches; average monthly rainfall, 1.10 inches. Tempera- ture rarely falls to zero. Climate exceptionally fine. Its highly oxygenated atmosphere •especially adapted to the cure of catarrh, consumption, and many dis- eases in which a cure depends on a purification of the blood. Population (1888) estimated at 105,260. Agricultural Statistics : No. of farms (1880): 1,885; total land in forms, 327,798 acres; improved land in forms, 197,407 acres. Total value of farms, $2,832,890. Farm products — crop of 188(1: Indian corn: Product, 42,000 bushels; ana in ■crop, 1,950 acres; average yield per acre, 21.5 bushels; value per bushel, 67 cents; total valuation, $28,140. Wheat: Product, 1,039,000 bushels; area in crop, 65,4S9 acres; average yield per acre, 15.9 bushels; weight per bushel. 58.5 pounds; value per bushel, 72 cents; total valuation, 8748,080. Bye: Pro- duct, 15,000 bushels; area in crop, 1,106 acres; average yield per acre, 13.6 bushel-; value per bushel, 60 cents; total valuation, $9,000. Oats: Product, 1,078,000 bushels ; area in crop, 34,770 acres; average yield per acre, 31 bush- els; value per bushel, 55 cents; total valuation, $592,900. Barley: Product, 36 BiATTHEWS'fl GUIDE. 283,000 bushels; area in crop, 12,576 acres; average yield per acre, 22.5 bush- value per bushel, 48 cente ; b ital valuation, $135,840. Product, 430,000 bushels; area in crop, 4,095 acres; average yield pi-r acre, 105 bushels ; value per bushel, 57 cents ; total valuation, 8245,100. roduct, 137,164 tons; area in crop, 1 1 1^.' *' »-"► acres; average yield per acre, 1.21 ton ; value per I otal valuation, $1,371,640. Total area in above crops, 232,981 i . valuation of i 0,700. : farm labor per month bv the year: Without board, £ 39 ; with board, $ 25. Day wages in harvest: Without board, (2; with board, $1.52. Day ordinary farm labor: Without board, (1.50; with board, $1.15. Farm animal-. January], i : Number, 102,375 ; average | value, $5,118,750. Mules: number, 1,705; average pi rnlue, $11 Milch imber, 26,458 ; average pri 7; value, $705,635. I oth; value, $7,955,925. Hogs: Number, 42,150 ; average price, $6; value, $252,900. dumber, 312,408 ; average price, $2.05 ; value, $640,436. M.\Ni v\- 50) : No. of establisnments, 162; capital, $677,215; average No. of hands em- - : annual wages paid $136,326: value of materials, $844,874. Value of products: Flouring and grist null, $520,986 ; Lumber, Bawed, $349,635 ; all other indusl Total value of products of manufactures, $1,271,317. Great mineral belt hardly prospected, and mining enterprises in their infancy. Many valuable quartz mines unlocated and unoccupied. Gold, silver, copper, and lead, etc. Gold product in 188S valued at >9 ; silver product at 83,422,657 ; and lead product at $2,960,- 270. Agricultural development rapid and successful. All the cereals profitably cropped. Grain crop, in 1887, 2,374,325 bushels, and hay product. 342,91 1 tons. Fine orchards of apples, peaches, pears, apri- cots, nectarines, prunes, grapi 3, etc. I. urge grazing area : estimated at 5,000.000 acres. Counties of Boise, Alturas, and Idaho richest in gold. County Owyhee in silver. Some of the mines in these and other counties rv rich. Taxable property in 1888, 821,288,392. Great natural resources practically undeveloped. Immense fat of pine and fir timber. Lumber now manufactured in the Territory only used for home consumption. About 18,000,000 acres <>( timber and mineral lands. Largesl part of mineral lands covered with d< forests of pine, spruce and, fir. Thousands of acres of black or lodge pole pilie. Large ar< a of desert lands, capable of development into rich land by a Bystem <>f irrigation. inroad mileage about 1,000 miles. Pine school system. .School population increasing. Many fine ol houses. Financial support needed to sustain the schools at th'-ir full capacity. School age, 5-1 2 years. Manufactures mainly of lumber and Hour, and the smelting of ares. MATTHEWS's GUIDE. 37 m Territorial and congressional elections Tuesday after first Monday m November; senators, 12— representatives, 24; biennial sessions of the legislature m even-numbered years, meeting second Monday in December; limit of session 60 days; terms of members of the legis- lature, 2 years. • b Legal interest rate, 10 per cent. ; by contract, 18 per cent. State Laws in Relation to Deeds, Dower, Descent and Distribution of Property, Married Women, Mechanics' Liens, Mortgages, and Wills a^th^ ^^SSfASSSS^T^ "* notoy PUbliC > a ^^^^^^St^S ^a r V S|^dMrL^/l^^fe^e^ e ^ reSided A tbe ^WlM noS^ Descent of Propety.— If wife dies, the husband, without administration tii™* tv,« common property If husband dies,' the wife takes half Common prooertv and Iht remainder goes to the descendants and heirs of husband propeity, and the The disposition of all other estate is as follows: One-naif to surviving husband or wife S v^° n ?"f h i. lf to Chlld - ^ F there is more than one child, then tw^thirds to to the cfail* ff thpJhi^Tf^ n ° chlld ren, one-half the estate goes to father and mother equally" Hc^ e f^ b K n o fat her nor mother one-half goes to brothers and sisters and children of d ^ e ^?H br °^ er a , I f a 1 slster - 4 If deceased leave no husband nor wife nor child his i father and m ° tner tal < e al the estate; if there be no father nor mother, estate goes to brothers SSr fo'th 6 ?' aD M chl i dl T? of dec eased brother and sister. If deceased feaves no issue nor father, mother, brother, or sister, the surviving husband or wife takes the entire p!: Jh£„,£ n V n d6faUlt °r f - a \i such hehs - tne estate S°es to the i next of kin T be4nmn- with the nearest ancestor. If there be no survivor, heirs, or kin, as provided 'aforesaid Estate goes to territorial treasury for the benefit of the public schools aioresaia, estate Dower.— The wife has no right of dower in the lands of her deceased husband ai J? E n PTI0 ? S — H om estead, to the value of five thousand dollar to . head of family a ^ d fo°iw- ValUe ° f ° ne thousand dollars to any other person. As to persona? property the following are exempt from execution : 1. Debtor's chairs tables deslrs hnoT« S the value of one hundred dollars. 2. Necessary household goods sewih-mac'hine thr^e months' provisions two cows, two hogs. 3. A farmer's utensils to the value of' three b ^ dl ; ed K d0llarS ' au + d ^ eam - harness, cart or wagon, a month's fold for team Ind seed® » be s f own , Wlth ! u ? ix months. 4. A mechanic's tools to the value offlve hundred dollars; notary's seal; instruments of surgeon, dentist, surveyor- library of a iX lawyer, and minister. 5. The cabin of a miner, Aot exceedinViii Tvalue ^flv4 hundred dol- lars, and Ins sluices and windlasses, and a pack-horse of prospector 6 The e t m w^on or cart, and harness of teamster or laborer; one horse, harness and vehicle of ohvTicfan it^^^Z*^™**?* debtor if necessary for his fa ra fly, for thirty days prior to E™!' „^ ha , re 1 of homestead association worth one thousand dollars. 9. Such life in- surance as yearly premiums of two hundred and fifty dollars will purchase 10 Fn"ine<. ? 9 n te ! ? aratu f?. fafire company. U. Arms and accoutee^ents^ Piu-chase-price gS " n ° arti ° le ShaU be esem Pton a judgment recovered for tfie de P ^ h ^f,?* ea 5. t ? a ^ b t e .. declared . by - husban(i or wife, by an instrument executed as a fn^' Stt' the P r °P er t-Y 1S occupied by them, him, or her (as the case is), be^ M a ^ T l?/wfw^ y ' S a bo 2 le ' describing the premises. l{ must be recorded. '' married Women.— Married women retain the ownership of all property acquired before marriage, and all acquired afterwards by gift, bequest devise or •descent Hus- band has control of wife's property, but no sate ot any ofi fcan be Tmade norUenpSed record^ nfth^ mstrument executed by both. The wife shall execute an^ fie with the recoider of the county a complete inventory of her separate property w ma lI ie K w °man may become a sole trader by a decree of the district court. Females become of age at eighteen, and males at twenty-one. ™™£nn£™ CS iP E ? S - — Liens are given for labor or materials furnished and used in the fln^l t?,^i alteration, or repair of any mining claim, building, wharf, bridge, ditch, «t™?', ™ ™ V nC S' machinery, road, aqueduct to create hydraulic power, or any other sti ucture, or for labor on a mining claim. ™J er ^ orismal con tractor, within sixty days after the completion of his contract, and f™ J.°l er P erson claiming a lien within thirty days after the completion of the build- in? n J b f i'i pairS on the same, must file with the recorder of the county a claim contain- ing a statment under oath of his demand, name of owner of property, if known of his employer or person to whom materials were furnished, statement of terms and'condi- m^npl^h I aC -' and description of property. Suit to foreclose lien must be com- menced within ninety days after filing. 38 matthewb's guide. UoBTOAam Mortgages on real property are ltons merely ; they must beacknow lodged Isauvl duly recorded. Thej can !»• foreclosed only by action in adistrict court. XI for redemption on sale, six months. Mortgages are discharged by satisfh i ted, or by receipt <>n margin ; but an affidavit that ;iil taxes assessed <>n the mortgage have been paid must be made before a discharge can be entered. Wills.— Wills may be made by any person eighteen 5 ears old. Two witnesses are re- anired. who must Blgn In presence of each other and <>i the maker of the will, who ;ils.> 11 the presence ofthe witnesses. Hut these formalities arc not aeoessarj u the will lanuncupath iphlc. INDIAN TERRITORY: So-called. An unorganized Territory formed out of the "Louisi- ana Purchase " ceded in 1803 to the United States by France. The act of June 30, L834, Bee. 1, declared that all that part of the United States west of the Mississippi river an () "> itwas Included in the Terrritory of Louisiana ; in 1812 in thai of Missouri ; in ISM! in that of Michigan ; in 1836 in thai of Wisconsin ; and by the act of June 12, 1838, it was organized as a Territory under the name of Iowa. Admitted as a State December 28, 1846. Area : In Bquare miles, 55,045; in acres, 35,288,800. Area of planted timber, 120,737 acres; area in natural timber, 2,164,287 acres. Population (1885), 1,753,980. Des Moines is the metropolis and capital: population, 32,469. Population of Dubuque, 26,330; of Davenport, 23,830; of Burling- 23,459 ; Council Blufis, 21,557. tited States ports of entry: Keokuk, Burlington, and Dubuque, aides, 99. Temperature at Davenport, in winter, 21° to 37°; in summer, 70° to 76°; rainfall, at Muscatine, 43 inches. Agricultural Statistics : Number of Gums (1884), 185,351. Average size of farms, 142 acres; area of improved land, 20,189,894 acree ; area of land in cultivation, 12,K74,865 acres; area of unimproved land, 8,058,- acres; area in pasture, 5,265,S58. Average value per acre, cleared land, $27.36 ; woodland, $39.36. Farm pro. In. ts— crop of 1886: Indian corn : Product, 198,847,000 bushels; area in crop, 7,927,019 acres ; average yield per acre. :_'•">. l bushel- ; value per bushel, SO cents; total valuation, $59,654,100. Wheat: Product, 32,455,000 bushels ; area in crop, 2,6.57,105 acn- : average yield per acre, 12.2 bushels; weight per bushel, 57 pounds; value per bushel, 60 cents; total valuation, 119,473,000. Rye: Product, [,700,000 bushels ; area in crop. 124,98 1 acres ; average yield per acre. 13.6 bushels; value per bushel, 42 cents; total valuation, $714,000. Oats: Product, 78,454,000 bushels; area in crop, 2,298,752 acres ; average yield per acre, 34.1 bushels; value per bushel, 23 cut-: total valuation, $18,044,420. Barley: Product, 5,045,000 bushels; area in crop, 224^519 acres ; average yield per acre, 22.5 bushels; value per bushel, 45 cents; total valuation, $2,270,250. Buckwheat: Product, 234,000 bushels; area in crop, 24,608 acres ; average yield per acre, 9.5 bushels ; value per bushel, 62 cents ; total valuation. $145,080. ttoes: Product, 7,577,000 bushels; area in crop, 140,314 acres; average yield re, 54 bushels ; value per bushel 47 cents; total valuation, $3,561,190. Hay: Product, 4,137,844 tons; area in crop, 8,673,875 acres ; average yield per acre, 1.13 ton ; value per ton, $5; total valuation, $20,689,220. 1 area in en. pot' lssfi, 1 7,0, (),s, acres. Total vain.- of crop, $124,551; 08usofl8a5: Broom corn: Acreage, 2,628; product, 2,740 tons. Hope: A.-i product, :;,714 pounds. jhum: Area, 25.337 acres; Byrup, 1,971,818 gallons; BUgar, 73,583 pom tyrup, 0,i7'.i gallons ; maple sugar, 19,266 pounds. hard product-: Apples, 4,118,591 bushels; pears, 4,132 busliels; peaches, 1,356 bushels ; plums, 69,017 bushels; .berries, Lo3,024 busliels. Value of orcliard product-, $1,973,1 MATTHEWS'S GUIDE. 41 Vineyards : Area, 444 acres ; product— grapes, 1,672,719 pounds ; wine, 33,717 gallons. Grapes not in vineyard : Product— grapes, 7,423,677 pounds ; wine, 50,523 gal- lons. Value of products of vine, $429,297. Dairy products : Milk sold or sent to factory, 21,971,419 gallons ; cream sold or sent to factory, 14,721,732 gallons ; butter, 48,326,757 pounds ; cheese, 942,099 pounds. Value of dairy products, $13,797,327. Chickens: Number, 11,244,051; eggs produced, 30,231,781 dozen. Value of poultry and eggs, $3,951,579. Apiary: Bees, 148,384 stands; honey, 1,997,931 pounds ; wax, 35,064 pounds. Value of products of hive, $332,828. Flax : Acreage, 303,078 ; seed, 2,663,073 bushels ; liber, 119,474 pounds ; straw, 94,653 tons. Farm animals, January 1, 188S: Horses: Number, 1,003,022; average price, $73.81 ; value, $74,032,082. Males : Number, 45,649 ; average price, $86.23 ; value, $3,936,540. Milch coivs: Number, 1,225,432; average price, $23.30 ; value, $29,- 251,566. Oxen and other cattle : Number, 2,095,253 ; average price, $20.35 ; value, $42,633,795. Hogs: Number, 4,148,811 ; average price, $6.74 ; value, $27,969,624. Sheep : Number, 408,478 ; average price, $2.41 ; value, $985,249. Wool clip (1884), 2,289,430 pounds. Manufactures (1880) : No. of establishments, 6,921 ; capital, $33,987,886 ; average number of hands employed, 28,372 ; annual wages paid, $9,725,962 ; value of materials, $48,704,311. Value of products : Agricultural implements, $1,271,872 ; carriages and wagons, $2,212,197; men's clothing, $1,508,398; flouring and grist mills, 19,089,401; foundry and machine shops, $1,594,349, furniture, $1,293,504; distilled liquors, $288,000; malt liquors, $1,653,851 ; sawed lumber, $6,185,628 ; printing and pub- lishing, $1,399,289 ; saddlery and harness, $2,068,486 ; sash, doors, and blinds, $1,286,072; slaughtering and meat packing, $11,285,032 ; tinware, copperware, and sheet-iron ware, $1,198,804 ; tobacco, cigars, etc., $830,097 ; woolen goods, $679,904, etc. Total value of products, $71,045,926. Coal output in 1885, 3,585,737 tons. Railroads, June 30, 18S7: Mileage, 3,496.77 ; total track, 3,834 miles ; locomo- tives, 255 ; total revenue cars, 7,866. Total number of men employed in 1884 by the railroads, 24,190. Assessed valuation of property, $489,660,081. School Statistics (1886): Whole No. of schools, graded and ungraded, 14,829 ; average duration in months, 7.3 ; No. of teachers, males, 5,927 — females, 18,948 ; total, 24,675. Average monthly compensation of teachers: males, $3842 — of females, $29.10. School population between the ages of 5 and 21 — pupils enrolled in public schools, 638,156; average cost of tuition per month $2.18 ; total average atten- dance, 284,567. School houses— number, 12,444; value, $11,360,472. Value of apparatus, $259,- 375. No. of volumes in library, 46,527. Private colleges, 24; universities, 7; schools, 175; seminaries, 9; total, 215. Pupils, 21,856. State elections annual on Tuesday after second Monday in October, excepting years of presidential elections, when presidential, congres- sional, and State elections occur together; State senators, 50 ; repre- sentatives, 100; sessions of legislature biennial in even-numbered years, meeting second Monday in January; no limit of sessions; terms of senators, 4 years — of representatives, 2 years. 42 matthewsjs guide. Electoral college, 13. 1. gal Interest rata, 6 per cent ; by contract, 1" per cent ; usury for- feits l<> per cent on amount Prohibition adopted by State. State Lwv- in Relation r i Deeds, Dower, Ibis, bjjt a\m> Distetbi won or Phof- BRTY, MARRIED WiiMKN, MECHANICS' LlENS, MORTGAGES, AND Wilis. Deeds.— Deeds mil-.! i)i' in writing and subscribed i>y the grantor. No particular forms ;uv prescribed, and as between the parties conveyances are valid without being ac- knowledged or recorded* Deeds, when properly acknowledged, may be recorded In the office "i the county recorder at any time; but no instrument affecting real eastate is of any validity against subsequent purchasers tor a valuable consideration without notice iniN — ^ recorded In the office of the recorder of deeds of tb unity in which the land u<'s. It shall uot I"- deemed lawfully recorded unless it has been previously acknowledged or i as provided by law. i leedfl within the State must be ackowledged before some court having a Beat, or some judge or clerk thereof, or some justice of the peace or notary public, or a county auditor or his deputy, or any deputy clerk of court. Instruments affecting real estate, executed out of this 8tate r but within the Unitt r officer holding the seal thereof or before some commissioner of deeds appointed by the governor of this State, or before some notary public or justice of the peace: and when before a justice, a certificate under the official seal of the proper authority, or the official character of said justice and of his authority to take such acknowledgments, and of the genuineness of hi.s signature, shall accompany said certificate of acknowledgment. in every conveyance of real estate the Joining of the wife with her husband Is deemed sufficient to pass all her interest In the property, either as bis wife or in her own right. Also see Dower. Witnesses to deeds are not required. Conveyance by corporations may be executed by any officer thereof, qualified thereto by charier or laws ofthe corporation, by giving his title as Buch officer, certifying that ho Is duly authorized to act, and by attaching the seal of the corporation, '-are not required. Thewifeisnol required to be examined separate and apart from her husband, but Bhe must join in conveyance to bar dower. Her signature can bo proven. A married woman may convey her interest in real estate in the same manner as other persons. Trust Deeds— Of real or personal property may be executed as securities for the per- formance of contracts, and shall be considered as and foreclosed like mortgages; no deed of trust, or mortgage of real estate, wit li or without power of sale, made since April l, mall beforclosed In any other manner than by action in court by equitable pro- ngs. Descent and Distribution ok Property.— Subjects to rights of dower and other charges thereon, the estate Of an intestate shall descend in equal shares to his children. The heirs Of any deceased child shall inherit his share In same manner as though such child had outlived bis parent. If the intestate leaves no Issue, one-half his estate shall goto bis pareuts, the other to bis wife; If he leaves no wife, the whole thereof shall go to his parents, or the survivor of them, if both parents be dead, the portion which would have fallen to their share, or either of them, shall be disposed of In the same manner as it they had outlived the Intestate and died in possession thereof\ands i, through ascending ancestors and their issue, If still there be property uninherlted it shall escheat to the Stale. The personal property ofa decedent not necessary for the payment of debts, nor other- wise disposed of, uhall be distributed to the same persons, and In the same pro port ions, as though it were real estate. Do WICK— Is abolished, but if the wife survive her husband she has one-third in value of all the legal and equitable estates in real property possessed by the husband at any time during the marriage, which have not been sold OU execution or any other judicial ■ale, and to which the wife has made no relinquishment of her right. (Code. 1878, i L'llO.) The same provisions are applicable to I he husband ofa deceased wife. Each is en! it led to the -a me rlghl In the estate of the other. The estate by curtesy Is abolished. Exemptions, 'loan unmarried person uol the head ofa Family and to uou-resl dents there U exempt from cxecuJ Ion their own ordinary wearing apparel and trunks neces- sary to con talu the same, if the debtor Is a resident of this Slate, and Is the head of a family, he may bold cxempl from cxeeul ion the following property : wearing apparel of himself and family, kcpl lor a el 11:1 1 use and suitable to t heir condition, and Hie Hunks i>ii iniii i be sit ; one imiskcl or ride, aud shot-gun; all private libraries, Family bible, portraits, phrtnivs, musical instruments and paintings, not kept for sale; a pew In church ; a lot in burying ground, nol to exceed one aire ; two cows and ca If; one horse, u ii less u horse is exempt as hereinafter provided; Fifty sheep and the wool therefrom. mid the materials manufactured from such wool ; six stands of bees; Mve hogs, ami all pigs under six months; I ho necessary rood for all animals exempt from execution for six moii I lis ; all Max raised I iy I be defendant nil mil exceeding one acre of ground ami the manufactures therefrom ; one bedstead and the necessary bedding for every two in the Family; all cloth manufactured by the rfefendaul nol exceeding one hundred yards; nold ami kitchen furniture not exceeding two hundrded dollars In value; all spin- MATTHEWS S GUIDE. 4o ning wheels and looms, one sewing machine, and other instruments of domestic labor kept for actual use; the necessary provisions and fuel for the use of the family for six months; t ho proper tools, instruments, or hooks of the debtor, if a farmer, mechanic, surveyor, clergyman, lawyer, physician, teacher, or professor; the horse, or team con- sisting of not more than two horses or mules, or two yoke of cattle and t be wagon with the proper harness or tackle, by the use of which the debtor, if a physician, public officer, farmer, teamster, or other laborer, habitually earns his living: and to the debtor, if a printer, there is also exempt a printing press and the types, furniture, and material necessary for the use of such printing press and a newspaper office connected I herewith, not to exceed in value twelve hundred dollars. But if the debtor, being the head of a family, has started to leave the State, lie will have exempt only the ordinary wearing apparel of himself and family, and seventy-five dollars' worth of property in addition, to be selected by himself. But no exemptions shall extend to property against an exe- cution issued for the purchase money thereof. The earnings of a debtor for his personal services at any time within ninety days next preceding the levy are also exempt. If a debtor is a seamstress, one sewing machine shall be exempt from execution and attach- ment. The homestead of every head of a family is exempt from judicial sale. It may be sold on execution for debts contracted prior to the purchase of such homestead; or for those created by written contract, expressly stipulating that it is liable therefor. If within a town plat, it must not exceed one-half acre in extent, and if without it must not embrace in the aggregate more than forty acres ; and in each case embraces all the buildings and improvements thereon without limitation as to value. Upon the death of either husband or wife the survivor may continue to possess and occupy the whole homestead. If there is no survivor and no will the homestead descends to the issue of either husband or wife, and is to be held exempt from any antecedent debts of their parents or their own. Money received as a pension from the United States is exempt, whether pensioner is a head of a'family or not, and a homestead purchased with such pension money is exempt from all debts whether contracted prior or subsequent to such purchase. (Ch. 23, 20th G. A.) . j . i , ,. Married Women.— A married woman may own, m her own right, real and personal property acquired by descent, gift, or purchase, and manage, sell, convey, and devise the same by will to the same extent and in the same manner that the husband can property belonging to him ; and she may receive the wages of her personal labor and maintain an action therefor in her own name and hold the same in her own right. Neither hus- band nor wife is liable for the debts or liabilities of the other incurred before marriage; and they are not liable for the separate debts of the other ; nor are the wages, earnings, or property of either, nor is the rent or income of such property liable for the separate debts of the other. Contracts may be made by a wife and liabilities incurred, and the same enforced by or against her, to the same extent and in the same manner as if she were unmarried. A married woman may in all cases sue and be sued, without joining her husband with her, except in cases where the cause of action exists in favor of or against both. , ,. „,,,.,, The expenses of the familvand the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately. A married woman can make contracts in her own name, buy goods, give notes in set- tlement of purchase, etc., binding her own separate property, real and personal. Sepa- rate property left to her by will, before or after marriage, is not bound for her husband's debts without act of hers. The period of minority extends, in males, to the age of twenty-one years, and in females to that of eighteen years ; but all minors attain their majority by marriage. A marriage between a male person of sixteen and a female of fourteen years of age is valid. Mechanics' Liexs.— Persons doing work or furnishing materials on any building or improvement have a lien on the buildings and land. There must be tiled in the clerk's office of the district court of the county, within ninety .lays after the work is done or materials furnished by principal contractors, or within thirty days by sub-contractors, a statement under oath'of the demand due, the time when labor was performed or mater- ials furnished, and description of property charged. Statement filed later is Rood except against subsequent purchasers in good faith and without notice before lien filed. Mortgages.— Mort-a-es must be subscribed by the parties, and should be acknowl- edged and" recorded in'the same manner as deeds. In the absence of stipulations to the contrary the mortgagor of real estate retains the legal title and rights of possession. In a mortgage given tor purchase-money it is not necessary for the wife to join. The holder of any morl-wo of real property must proceed bycTvilaction when he wishes to foreclose the same. A mortgagor of real estate sold under execution on foreclosure has one year within which to redeem. The: morts acknowledged a^d'recorded.~In"casebf foreclosure it is made the duty of the clerk of courts to enter satisfaction of the same. If satisfaction is not entered within sixty days after being requested the mortgagee shall forfeit to the mortgagor the sum of twenty-five °Wills —Any person of full age and sound mind may dispose by will of all his prop- erty, except what is sufficient to pay his debts or what is allowed as a^homestead, or otherwise given by law, as privileged property, to his wife or family. Property, to be subsequently acquired, may also be devised, when the intention is clear and explicit Personal property to the value of three hundred dollars may be bequeathed by a verbal Will if witnessed by two competent witnesses. A soldier in actual service, or a manner 44 MATTHEW8'a GUIDE. by a will bo made and witnessed; nil other wills to be valid must be In writing, witnessed by two competent witnesses, and signed by t lie testator, or i>y some person in his presence and by his express direction. No sub- Bcriblng witness to a will can derive any benefll therefirom unless there be two disinter- • the same Wills that are valid where made are valid in this State. If probated in any other.State or country, they shall be admitted to probate In this State on the production of a copy of such will and of the original record of probate thereof, authenticated by the attes- tation of the clerk of the court In which such probation was made; or. If there be no clerk, by the attestation of th<- judge thereof, and by the seal of office of such officers, if they have a wills, foreign or domestic, must be probated before they can be carried into effect Wills arc recorded in a book kept for that purpose iu the office of the clerk of the dis- trict, court- KANSAS : An Indian word signifying "Smoky Waters" as also " Good Potato." The State i.s also called "The Garden of the West." Visited in 1641 by the Spaniards, and in 1719 by the French. Embraced in tin- Bo-called " Louisiana Purchase" from France in 1803, and for some time included in the Indian Territory. Organized into a Territory by the act of May 30, 1854, and subsequently, for several years, the thea- tre of a violent ;md bloody political struggle, practically of a sanguin- ary civil war, between the anti and pro-slavery parties of the Union, for possession of its government and lands. Admitted as a State Jan- uary 29, 1801. Ar. \7~ acn - ; average yield per acre, 21.3 bushele ; value per bushel, il valuation, $264,210. Buckwheat: Product, 20,000 bushels ; in crop, 2,040 acres; average yield per acre, 9.8 bushels ; value per bushel, 80 cent- : total valuation $16,000. Fciatoeg: Product, 5,744,000 bushele ; area in crop, 99,031 acres; average yield per acre, 58 bushele ; value per busheL 65 cento; total valuation. $3,788,000. MATTHEWS'S GUIDE. 45 Hay: Product, 1,848,000 tons ; area in crop, L,320,000 acres ; average yield per acre, 1.40 ton ; value per ton, $4.40 ; total valuation, $8,131,200. Total area in crop of 1886, 9,000,388 acres. Total value of crop, $02,051,240. Wages of farm labor per month by the year: Without board, $24.25 ; with board, $16.05. Day wages in harvest*: Without board,$1.00; with board, $1.25. Day wages of ordinary farm labor : Without board, $1.1 1' ; with board»85 cents. Other farm products (crop of 1887): Sorghum (value), $1,794,555. Castor beans: Product, 405,488 bushels; area in crop, 43,342 acres ; value, $364,939.20. Flax: Product, 1,400,741 bushels; area in crop, 142,577 acres; value, $1,190,- 629.85. Hemp: Product, 228,900 pounds ; area in crop, 327 acres ; value, $11,415. Broom Corn : Product, 42,066,600 pounds ; area in crop, 70,111 acres ; value $1,472,331. Tobacco : Product, 444,000 pounds ; area in crop, 740 acres ; value, $44,400. Cotton : Product, 409,750 pounds ; area in crop, 1,639 acres ; value, $32,780. Dairy products : Milk other than that sold to cheese factories and creameries, $477,381. Butter: Product, 27,610,010 pounds; value, $4,323,403.84. Cheese - Product, 496,604 pounds ; value, $59,592.48. Value of poultry and eggs sold, $1,757,508. Orchard products abundant: Apples, pears, peaches, plums, and cherries. Area of nurseries, 25,299 acres. Value of horticultural products marketed, $721,577. Value of garden products marketed,$923,933. Raspberries, strawberries, and blackberries in great profusion. Vineyards : Area in vines, 6,883 acres ; wine made, 189,825 gallons ; value of wine, $189,825. Apiaculture : Stands of bees, 31,615 ; honey produced, 257,780 pounds ; wax produced, 7,272 pounds ; value of honey and wax, $53,374. Farm animals, January 1, 1888: Horses: Number, 634,893; average price, $67.34; value, $42,754,975. Mules: Number, 86,104 ; average price, $83.32 ; value, $7,173,954. Milch coivs: Number, 640,081 ; average price, $22.41 ; value, $14,344,- 215. Oxen and other cattle: Number, 1,583,915; average price, $20.37; value, $32,271,946. Sheep: Number, 830,139; averaee price, $1.76; value, $1,457,558. Hogs : Number, 2,377,561 ; average price, $5.66 ; value, $13,457,469. Adapted for stock raising. AVool clip of 1886 : Product, 2,664,319 pounds ; value, $479,577.42. Manufactures (1880) : No. of establishments, 2,803 ; capital, $11,192,315 ; average number hands em- ployed, 12,062; total wages paid during year, $3,995,010; value of materials, $21,453,141. Embracing products of flouring and grist mills, valued at $11,858,022 ; slaugh- tering and meat packing, valued at $5,618,714; also sawed lumber, carriages, and wagons, iron and steel, foundry and machine shops, furniture, etc Total value of products, $30,843,777. Mine Statistics (1880) : Bituminous coal: Product s 763,597 tons ; value, $1,498,168. Lead: Product, 10,681 tons ; value, $460,980. Zinc ore : Product, 7,248 tons ; value, $477,693. Total valuation of all non-precious metal products, $2,436,841. Products of quarries (1880) : Marble and limestone : Number of quarries, 17 ; capital invested, $59,700 ; product, 1,340,346 cubic feet; value, $131,570. Sandstone : Number of quarries, 2 ; capital, $14,000 ; product, 66,000 cubic feet ; value, $11,000. State asylums at Topeka and Ossawatomie for insane and feeble minded ; institution at Wyandotte for education of the blind ; at Olathe for deaf-mutes. Total assessed valuation in 1880 of real estate and personal property, $160,- 891,689. 46 MATTHEW8S GUIDE. Railroads, June 80, 1887: Mileage, 8,404.33 ; total track, 9,741.17 miles; loco- motives, L43; total revenue caw, 8,904. Presidential, congressional, and State elections Tuesday after first Monday in November; senators, 40 — representatives, 125 ; sessions biennial in odd numbered years, meeting Becond Tuesday in January ; limi: i, 50days; term of senators, 4 years — of representatives, 2 years. Electoral college, 9. Finr system of public schools. < >ver 5,000 school houses. School 5-21. Attendance 69 per cent, of school population, Colli g< - B. State University at Lawrence 1. gal interest, 7 percent; by contract, 12 per cent.: usury forfeits interest. Stats Lawb in Relation to Deeds, Dower, Descent and Distribution ov- PrOPRBTY, M.UtRLED WOMEN, MECHANIC'S LlENS, MORTGAGES, AND VVlLLS. Deeds.— No particular forms of conveyances or mortgages are prescribed ; bat the following are provided for: . \nv conveyance in Bubstance, A. 1!. conveys and warrants to< . J>. (insert descrlpt fur the sum of Lnserl consideration . property dated, signed, and acknow [edged. • fee to grantee, his heirs and assigns, and Implies covenants from grantor, heirs, and sentatives, of lawful seizure, right to convey, against incumbrances, quiet p eion, and warranty. \ conveyance in Bubstance, A. B. quitclaims to CD. (insert description . for the sum of Insert consideration), Bigned and acknowledged, Is a conveyance In quitclaim to grantee, heirs and assigns. —-».., . . \ mortgage In Bubstance, A. B. mortgages and warrants to CD. (description) to Becuro the payment of (describe Indebtedness or Its evidence, and give date ol payment), dated, Bigned, ami acknowledged, is a good mortgage to the grantee, ins heirs, assigns, execu- tors and administrators, with warranty fi i grantor and legal representatives ol per- fect title and against Incumbrances: and If the words "and warrants" be omitted from form, the mortgage is good without warranty. (Laws, 1887, ch. 151.) \- between the parties, conveyances are valid without being recorded. The wife should Join with Imi- husband In the conveyance; but this is nut accessary If al the time of the making of the deed she hasnever been aresident ofthe State. Powers ol attorney to convey land (as well as deeds) must be acknowledged and recorded if within the State, the acknowledgment must be before some Judge or clerk of a court having a seal, lustice, notary public, county clerk, register of deeds, or mayor or clerk <>i .in Incorporated city, if out of the state, before some court ol record, or clerk or officer holding the seal thereof, some commissioner of deeds for this State, notary publl i j < f the peace, or any united States consul resident abroad. If before a foreign justice ■ if the peace, his official character must be certified by the clerk ol som art ol record Unacknowledged deeds may be proved before any officer authorized to take acknow- ledgments. The wife oeed not he ••examined apart from her husband," or " relinquish her dower." Neither Beats, Bcrolls, nor waters are required In the execution ofa deed by n private person. Corporations must execute conveyances under the corporate seal The hush and must join in conveyance of wife's property. Anv corporation may convey lands by dee, I. sealed with the common seal of Che corporation, and Bigned by the presi- dent, or the presiding member or trustee of said corporation; and such dee. i, when acknowledgi d by such officer to be the act of such corporation, or proved in the manner prescribed for other conveyances of lands, may be recorded In like manner and with the i a~ other deeds. Descend vnd Distribution oi Property. -The homestead is the absolute property ■ widow and children, one-half in value to the widow and the other half to the children, when- both BUTVive. If there are no children, the widow is entitled to the homestead; if children are left and no widow, the children take it. To constitute a homestead, the land musl be occupied by the family. If the d ased left a widow and children, the homestead .an not he divided until theyoungest Child arrive- at the age of majority, unless the widow again marry. One-half of all the real estate In which the husband al anv time during the marriage, had a legal or equitable interest, which has ,,,,[ i„ , n sold on execution or other judicial sale, and not accessary for the payment ,,i debts, and of which the wife has made no conveyance, goes to the widow; except Of land by husband whose wife never resided in the State ; and this interest Is in fee simple, in other words, the widow la an heir. Personal propertj , exempt from execu- tion, goes to the widow and children, being treated in the same way as the homestead. The other half of real estate owned by deceased at the time of his death descends In equal Kharcs to the children; or, if ihlldren, or descendants of children, to the widow. The personal property m>l necessary for the payment ol debts, or disposed ol according lo law. Is distributed to the same persons and in the same proportions as if it were real MATTHEWS'S GUIDE. 47 estate For want of wife or child, the whole estate goes to the parents, or surviving par- ent. If both parents are dead, the estate is disposed of as if they, or either of them, had outlived the deceased and died in ownership and possession. Any child being dead, the heirs of such child inherit as u such child had outlived its parent. The rules applicable to the widow of a deceased husband apply equally to the husband of a deceased wife, except that a general and beneficial power may i»- given to a married woman to dispose of or devise, without the concurrence oi her husband, lands conveyed or devised to her in fee. (^ 6512.) Any married person having no children may devise one-half of his or her property to other persons than the husband or wile. Illegitimate children inherit from the mother and she from them. They inherit from the lather when his recognition of them has been general and notorious or in writing, and he from them if such recognition has been mutual. When an illegitimate child would inherit from either parent, such parent will inherit from t he child. Neither hus- band nor wife can bequeath away from the other more than one-half of his or her prop- erty, unless consent in writing is given thereto ; and the survivor, by relinquishing all rights under a will, will inherit as if no will existed. Dower.— The estate of dower is abandoned. Exemptions.— The constitution provides that " a homestead to the extent of one hun- dred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law and shall not bealienated without thejointconsentof husband and wife, when that relation exists; but no property shall be exempted from sale for taxes, or for the pay- ment of obligations contracted for the purchase of said premises, or for the erection of ground all wearing apparel, bedsteads, bedding, stoves, and cooking utensils used by the family one sewing-machine, all implements of industry, five hundred dollars' worth of other household furniture, two cows, ten hogs, one yoke of oxen, and one horse or mule (or in lieu of one yoke of oxen and one horse or mule a span of horses or mules) ; twenty sueep and the wool from the same; the necessary food for the stock above de- scribed for one year, either provided or growing; one wagon, cart, or dray; two plows, one drag and other farming utensils, including harness and tackle tor teams, not exceed- in^ in value three hundred dollars ; provisions and fuel for the support of the lamily, tor one year- the necessary tools and implements of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade or business, and, in addition thereto, stock in trade not exceeding four hundred dollars m value, and the library, implements, and office furniture of any professional man. (? 26;j7.) \ resident, not being the head of a family, has exempt his wearing apparel, church pew burial lot necessary tools and implements used in his trade or business, stock in trad'c not exceeding four hundred dollars; and, if a professional man, his library im- plements and office furniture. (? 26-58.) And the earnings of a debtor tor personal ser- vices for three months, when such earnings are necessary for the maintenance of a family supported wholly or partly by his labor. (§§ 4719, 4303 ; Laws, 1886, ch. 111.) Married Women.— The property, real and personal, which any woman in this State may own at the time of her marriage, and the rents, issue, profits, or proceeds thereof, and any real, personal, or mixed property which shall come to her by descent, devise, or bequest, or the gift of anv person except her husband shall remain her sole and sepa- rate property, notwithstanding her marriage, and not be subject to the disposal ol her husband or liable for his debts, (g 3347.) constructed and repaired by them, and if the same be completed and not taken away, and the fair charges on the same not paid, the property may be sold at any time after three months. Anv mechanic or other person who shall furnish, under contract, any labor or materials for erecting, altering, or repairing any building or appurtenance, or any machinery or fixtures in the same, or plant or grow any trees, vines hedges, etc., oi shall build a stone or other fence, shall have a lien on the buildings, lands and aPPurte- nances. Sub-contractors must file a statement of their account with the clerk oi the dis- trict court for the county within sixty days after the completion of the buildings eta, or the furnishing the labor or materials. Contractors must hie such an account within four months, and all actions to enforce liens must be begun within one year alter com- pletion of the work. of ertV retains possession until the mortgage is duly foreclosed and sheriff sdeedde nered to the mirchaser Mortgages may be discharged on margin of record by mortgagee or attorney or assfgneei. presence o. register, or by satisfaction entered on the mstr.ii.iem when copied on the margin by the register; or by an independent release duly acknowl- edged and recorded There is*no redemption of land sold under execution or other legal nrocpss in this State (Dass. Comp. Laws, ch. 68.) . P Wii!i "-Anv person of full age and sound mind and memory, haying an nteres in real oi personal property of any description whatever, may give and devise the same to 4s M \ 11 HI 1W8 S oriDE. anv person by last will and testament lawfully executed, BubJeot, nevertheless, to the- riehta -an. I to the provisions of this ac wills most be m writing, ■ by tin- u-stat<>r, <>r another in UN presence and by his express direction, i his presence i>\" two "r more competent witnesses who -aw him snb- or heard hiin acltnowledgi Compliance with thesi i nts should >• in i in' witnessing clause. A will executed, proved, and allowed in another & ling to the laws or that State, relative to property m this state, may be admitted ird in the probate court of the county in which Buch property is situate! by pro- ducing an authenticated copy, and thereupon has the same validity as n' made in this - iv will, when admitted to probate, shall be tiled in the office of the probate court. and recorded, together with the testimony, ma hook to be kept for that purpo Anv person may make a will in writing. and Inclose the same in a sealed wrapper, witii tie- name of the testator Indorsed thereon, and deposit the will so inclosed and In- of the probate court In the county in which such testator he order of the testator only during his life, and after his death to be • the party named on the baek of the package a- the party to whom it is to ivered; and if no sueh party i~ named, then to be publiely opened in the probate court within two months after notice of the death of the testator. Q g 72-( )0,000 acr< is. Soil rich ; land cheap and prolific. Improved Land valued at from $2 to $50 per acre; unimproved land ;it from 25 cents to $10 per acre. All swamp lands (about 0,000,000 acres) owned by the State. Forests consist of pecan, Cyprus, oak, pine, hickory, gum, ash, and other timber. Baton Rouge the capital or seat of State government: population, 7,197. N' v ( Orleans the commercial metropolis, and until is 17. and from L868 to L881, the capital; a port of entry, and the largest cot- ton mart in the world: population in L884, 280,000. Shreveport: population, 8,009. Morgan City, a port of entry. Public institution at .lack-on for the treatment of the insane. Population, 940,103. Large and prosperous German settlement at Fabacher, in St. Lan- dry parish. Temperature at New Orleans, in winter, 53° to 61° ; in summer, 81* to 8-'} . Rainfall, 51 inch, - MATH [EWS'S GUIDE. 49 Climate never too hot or too eold tor field work. Frosts rare. Sin- gularly free from protracted drouths. Prairies breezy and cool in sum- mer, mild in winter, and dry at all times. Mississippi river winds through State for a distance of 800 miles, and is navigable for 2,000 miles to St. Anthony Falls. Mississippi and tributaries estimated as navigable to steamboats for 16,571 miles, and to barges for 20,221 miles. Total mileage of navigable streams intersecting State in every direc- tion, 3,771 miles. Vast water power. Finest mill sites in the world : Streams never freeze. Streams bordered with fields of excellent cotton, which is shipped to New Orleans. Agricultural Statistics : No. of farms (1880), 48,292 ; total land in farms, 8,273,506 acres ; improved land in farms, 2,739,972 acres. Total value of farms, $58,989,117. Farm products — crop of 1886 : Indian corn : Product, 14,640,000 bushels ; area in crop, 935,725 acres ; average yield per acre, 15.6 bushels ; value per bushel, 55 cents; total valuation, $8,052,000. Rye: Product, 10,000 bushels; area in crop, 1,285 acres ; average yield per acre, 7.8 bushels ; value per bushel, 95 cents; total valuation, $9,500. Oats: Product, 361,000 bushels; area in crop, 36,138 acres ; average yield per acre, 10 bushels; value per bushel, 52 cents; total valuation, $187,720. Potatoes : Product, 471,000 bushels ; area in crop, 6,728 acres ; average yield per acre, 70 bushels ; value per bushel, 92 cents ; total valuation, $433,320. Hay: Product, 42,882 tons ; area in crop, 40,933 acres ; average yield per acre, 1.05 ton; value per ton, $11.50; total valuation, $433,143. Cotton: Product, 471,974 bales; area in crop, 1,035,781 acres; average yield per acre, .456 bale ; value per pound, 8 cents 3 mills ; total valuation, $18,999,- 331. Total area in crop, 2,056,590 acres. Total valuation of crop, $28,175,014. Wages of farm labor per month by the year: Without board, $15.37; with board, $11.12. Day wages in harvest: Without board, 92 cents ; with board, 72 cents. Day wages of ordinary farm labor : Without board, 85 cents ; with board, 65 cents. Total wages of day laborer for one year on sugar plantation, $378.10. Total wages of day laborer for one year on rice plantation, $265.60. Cereals, root crops, fruits, and vegetables mature with less labor than in North or West, or in England. Wheat crop light and con- fined to northwestern part of State. Orchard products valued at $188,604. The orange, citron, lemon, mespilus, apple, plum, grape, straw- berry and numerous other fruits and berries in all parts of State, a number of them growing wild and without cultivation. Vegetables grown every month in year. Tobacco product, 55,954 pounds. Two crops a year grown on same ground of corn, sorghum, rice, and jute. No failures of crops from any cause. St. Louis, Chicago, Cincinnati, and New York markets for garden products. Early garden products bring fabulous prices. 50 MATI'III.W-"- GUIDE. V( food tor man and beast, fresh or green all the 3 Farm animals, January 1. 1888: Horses: Number, 119,810; average price, • ; value, I $4,478 ; average price, $88.46 ; value, (7,472,811. MUch cows: Number, 162,649; average price, $16.30 ; value, $2,651,- 179. I other ( tifU: Number, 270,816; average price, 11.33; value, 1,187. Hogs: Number, 573,821 ; average price, $3.08; value, $1,769,663. S . Number, 113,965 ; average price, $1.64 ; value, $186,891. Prairie products : Beef cattle, horses, and sheep. Soil good. Cat- tle and horses require no shelter, but keep fat all winter. Area of prairie land in cultivation, 2,509,935 acres. < irassi - : Lucerne enormously productive, extremely nutrition.-, and relished by horses, cattle and sheep. Yield, 5 tons of hay per acre. One acre in Lucerne supports 5 horses a whole year. Johnson, Ber- muda, and othf session, 60 •■ entitled t<> the provided tor, whose wife shall own In her own right and be in the actual en- property <>r means to the amount of two thousand dollars. The person or persons claiming the benefll of the homestead and exemptions law must execute a written declaration >»t homestead, which musl !»• ■-worn to and recorded in the i ii .ok of mortgages tor tin' parish where the homestead claim is Bituated. Whenever the widow or minor children of a deceased person arc lefl In necessitous clrcui they shall be entitled to demand and receive from the succession of their tsed father or husband a sum which, added to the amount of property owned by them, or cither of them, in their own right, will make u)> the sum ol" one thousand dol- nd which sa ill amount shall be paid in preference to all other debts except those for the vendor's privilege ami the expenses inclined in Belling the property. If this claim of the widow or minor children u opposed, it must he proved, ami necessitous circumstances shown to exist. The sheriff or constable cannot seize the linen and clothes belonging to the debtor or his wife, nor his bed, bedding, or bedstead, nor thosi ol hi- family, nor his arms and military accout rements, nor the tools and instrument'-. and books, and sewing-machines necessary for the exercise of his or her calling, trade ofesslon by which he or she make-, a living; nor shall he in any case Beize the rights of personal servitude, of use and habitation, of usufruct to the estate of a mlnoi child, nor the Income of dotal property, nor money due tor the salary of an officer, not laborers' wages, nor the cooking-stove and utensils of the said stove, oor tin- plates, dishes, knivi - and forks, and spoons, nor the dm in --table and dining chairs, nor wash- tabs, nor smoothing Irons and Ironing furnaces, nor family portraits belonging to the debtor, nor the musical Instruments played on or practiced on by any member of the family. M \ i:i:i i i> \V"Mi \. -The separate property of the wife cannot be sold by the husband. sin- may administer it herself, unless there is an ante-nuptial contract to the contrarj All property acquired during marriage, the earnings ol the joint or separate labor of the s, and the revenues ol the separate property of each, enters into the community, and is equally divided between t hem. [n other words, marriage is a kind of partnership : Its dissolution the husband and wile each take back what they brought in. and the profits, without any reference to the amount of capital contributed by either, are equallj divided. The wiie ha- a mortgage upon all the real estate of her husband to secure the repayment of all. sum- received by him tor her account during marriage. Hut sic may renounce this mortgage. The wife has no dower in her husband's real estate, she may sell her state with the authorization and ass is ta of her husband. if the wile is a public merchant she may, without being empowered by her husband, obligate herself in anything relating to her trade; and in such. -use her husband is bound also, it there exist- a community or property between t hem. she is considered a public merchant If she carries on a separate trade, but not if she retails only tin- merchandise belonging to tin- commerce carried on by her husband. A married woman cannot bind Herself or her property for her husband's debts. Mechanics' Leens.— Liens in this State an- known as privileges. Architects, con- tractors, and all persons who are employed in constructing or repairing any building, and ail persons who have supplied tie- owner, agent, or sub-contractor with materials to be used on any building, have a lien and privilege on the buildings ami lot of land nol exceed im; one acre. The privilege must be recorded with the register of privileges in the parish where the property is, together with the act containing the bargain made, or a statement ol' the account. MoKio ai.i.s — Are in use, and are executed before notaries or by act under private naturi re discharged by payment ofthedebl they were given to secure. The evidence of discharge i- cancellation upon tin- book- of the recorder's office, by tin recorder, who is bound to make this cancellation whenever satisfactory evidence of the payment is produced to him. Win.-. — under the law of Louisiana, the father, mother, and descendants of tin ceased are called forced heirs, because they cannot bedepi Ived of a certain portion of the of their ascendants or descendants. The portion of which they cannot thus b prived is called their legitime, and thai portion of his estate of which the testator may lied the disposable portion. Donations Inter vivos, or mortis causa, cannol exceed i w< t-thirds of t he property of the disposer, if he leaves at his decease a legitimate child; one-half, if he leaves i\\i> child- Mid one-third, if he Leaves three, or a greater number, i nder thi name childr Lncluded descendants of whatever degree they be, It being understood that they are only lubd tor tie- child they represent. Donations inter vivos, or mortis causa, cannot exceed- 1 wo-t birds of the disposer's prop- erty, if the disposer, having no children, leave a father, mother, or both. Any disposal of property, whether Inter vivos at mortis causa, exceeding the quantum of which a person may legally dispose to the prejudice of the forced heirs, is not null, but only reducible to that quantum. in all dispositions Inter vivos or mortis causa, impossible conditions, those which are Contrary to the laws or |o morals, are considered not written. Substitutions and fldei eommissa are and remain prohibited. K\ cry disposition by which the donee, tin- heir, or legatee, Is charged to preserve for or to rein in ;i thing to a i bird per-on, 1- null. . yen with regard to the donee, the Institu ted heir, or I he le The disposition by which a third person is called to take the gift, the inheritance, oi the legacy, in case the donee, the heir, or i he legatee does not take it, Bhall not be oonsid- • tltution. and shall be valid The same Shall be observed as to dispositions inti-r vivos ana. m . by which tic usufruct is given to one and the naked owner- ship to anotler. MATTHEWS S GUIDE. 53 MICHIGAN : Signifying in the Indian language from which it is derived the " Lake Country; " called also the " Wolverine or Lake State." French navigators skirted its shores as early as 1612. Jesuit missions are said to have been founded in the Upper Peninsula in 1641. Mar- quette established a mission at Sault Ste. Marie in 1668, and another the same year at Michilimackinac. These are regarded as the first completely ascertained white settlements within the State. Formed out of the territory nortlnvest of the Ohio river ceded in 1783-88 to the United States by Virginia and other States ; sepa- rated from the Territory of Indiana, of which it at first formed a part, and organized into a Territory by the act of January 11, 1805 ; it was, by the act of January 26, 1837, admitted as a State. Area : In square miles, 56,451 : in acres, 36,128,640. Lake shore-line, 1,620 miles. Counties, 83. Lansing the capital: population, 9,774; Detroit the metropolis: population, 132,956 ; Grand Rapids noted for its thriving manufactur- ing industries; population, 41,898; Jackson, 19,100; East Saginaw, 29,085 ; Muskegon, 17,825. Detroit, Grand Haven, Port Huron, and Marquette ports of entry. Population of State, 1,853,658. Temperature at Detroit in winter, 24° to 36° ; in summer, 67° to 72°. Rainfall, 30 inches. Agricultural Statistics (State census of 1884) : No. of farms, 159,605 ; acres in farms, 14,852,226 ; acres of improved land, 8,974,656. Total value of farms, including fences and buildings, $571,443,462. Total wages, including board, paid in 1883 to indoor and outdoor and dairy- farm hands, $13,532,695. Farming implements and machinery valued at $21,897,486. Farm products— crop of 1886: Indian corn: Product, 27,635,000 bushels; area in crop, 948,069 acres; average yield per acre, 29.1 bushels; value per bushel, 38 cents ; total valuation, $10,501,300. Wheat : Product, 26,572,000 bush- els; area in crop, 1,662,721 acres; average yield per acre, 16 bushels; weight per bushel, 59 pounds; value per bushel, 73 cents; total valuation. $19,397,- 560. Rye : Product, 300,000 bushels ; area in crop, 23,463 acres ; average yield per acre, 12.8 bushels ; value per bushel, 56 cents ; total valuation, $168,000. Oats: Product, 18,521,000 bushels ; area in crop, 628.116 acres ; average yield per acre, 20.5 bushels ; value per bushel, 34 cents : total valuation, $6,297,140. Bar- ley: Product, 1,133,000 bushels; area in crop, 50,348 acres; average yield per acre, 22.5 bushels ; value per bushel, 58 cents ; total valuation, $657,140. Buch- wheat: Product, 430,000 bushels; area in crop, 39,065 acres; average yield per acre, 13 bushels ; value per bushel, 55 cents ; total valuation, $236,500. Potatoes: Product, 11,725,000 bushels; area in crop, 146,568 acres; average yield per acre, 80 bushels ; value per bushel, 39 cents ; total valuation, $4,572,750. Hay: Product, 1.642,883 tons ; area in crop, 1,419,311 acres ; average yield per acre, 1.16 ton ; value per ton, $9.50 ; total valuation, $15,607,389. Total area in crop, 4,911,661 acres. Total valuation of crop, $57,437,779. Sorghum (State census of 1884) : Sugar, 9,421 pounds; molasses, 56,638 gal- lons. Maple sugar, 1,945,863 pounds ; molasses, 171,273 gallons. :>[ MATTHEWS 8 GUIDE. Flax: S 1, -'ill bushels; straw. 2,578 tons; fiber, 55 pounds. Broom corn: pounds : hops, 94,468 pounds. hard products: Apples, 4,092,806 bushels ; peaches, 290,091 bushels. Value of orchard products, (2,671,161. Vineyards: Grapes, 1,550,702 pounds; wine, 24,685 gallons. Nurcuries: Value of product, $134,027. Wages of (arm labor per month by the year: Without board, $25.20 ; with board, $17. Day wages in harvest: Without board, $1.80; with board, $1.40. J'.i\ wagesof ordinary farm labor: Without board, $1.20; with board, 90 cents. Dairy products (State census of 1884) : Milk Bold or sent to butter and cheese factories, 11,023,048 gallons; butter made on farms, 43,494,211 pounds; cheest made on farms, 539,308 pounds. Canada peas, 501,407 bushels; beans 18f,,704 bushels. Tobacco, 33,686 pounds. Apiarian products: Eoney, 1,265,445 pounds; wax. 29,863 pounds. Market product valued at $572,216. 1 »rest product valued at $8,898,528. Farm animals (January 1. I8S8): II"i-.<,.<: Number, 458,fll3; average price, ); value, $42,126,440. Mutes: Number, 6,035 ; average price, $103.82; value, 572. Milch cows: Number, 137,303; average price, $29; value, $12,681,787. and other cattle: Product, 51 1,406 : average price, $25.16 ; value, $12,865,948. 11 ■ ■. Number, 906,255 ; average price,$6.30; value, 15,789,700. s i< : Number, 2,113,004 ; average price, $2.72 ; value, $5,743,990. Wool clip (State census of L884): Fleeces, 2,724,789; weight, 15,337,249 pounds. Manufactures (State census of 1884 i : No. Of establishments, 8,302. Capital invested, $136,697,397. Average num- ber of hands employed: Adult males. 1.14,890; females, 8,245; children and youths, 5,872 ; total, 128,918. Total wages paid, $44,213,739. Agricultural implements, flouring and grist mills, foundries and machine shops, wagons, barrels, breweries, brick and tile, butter and cheese factories, furniture, leather, woolen mills, etc. Lumber the great manufacturing Interest of the state. Number of establish- ments, 1,649 : capital employed, $39,260,428; hands employed, 22,875; children antu. lime, grindstones, and building stone. Number of mines, 106 ; capital Invested, $41,441,962 ; hands employed, 13,193; total wages paid per annum, $6,286,355. Copper mine- in Keewenaw- Ontonagon, and Haughton counties; iron in Delta and Marquette counties; coal in Shiawassa, [ngham, Eaton and Jacksoo counties. Fisheries: Number, 316; capital invested, (702,365; hands employed, 1,338 total wages paid per annum, $253,683. Valuable fisheries (whitefiah and trout) a1 An Sable. Detroit, and Grand Haven. Salt product, 3,252,175 pound-. Railroads, June 30, 1887 : Mileage, 5,012.13 ; total track, 6,603.54 miles; loco- motives, 814; total revenue cars, 23,452, MATTHEWS S GUIDE. 55 School Statistics: District schools : Nufiaber, 6,322 ; total salaries to teachers, $1,424,245 ; average attendance, 159,148 ; value of school property, $4,025,934. Parochial schools : Number, 101 ; total salaries to teachers, $103,333 ; average attendance, 18,933 ; value of school property. $444,305. Graded schools : Number, 5.34 ; total salaries to teachers, $1,289,350 ; average attendance, 113,146 ; value of school property, $6,926,025. Seminaries and academies : Number, 13; total salaries to teachers; $34,997; average attendance, 1,180 ; value of school property, $281,000. Colleges: Number, 12; total salaries to teachers, $05,998; average attend- ance, 3,5S4 ; value of school property. $1,636,400. Libraries : Number, :!0,716 ; volumes, 4,800,749. Presidential, congressional, and State elections Tuesday after first Monday in November; senators, 32— representatives, 100; sessions of legislature biennial in odd numbered years, meeting first Wednes- day in January ; no limit of session ; terms of senators and represent- atives, 2 years. Electoral college, 13 ; duellists disfranchised. Legal interest, 6 per cent. ; by contract, 10 per cent. ; usury forfeits excess of interest. State Laws in Relation to Deeds, Dower, Descent and Distrirution of Property, Married Women, Mechanics' Liens, Mortgages, and Wills. Deeds— Executed in this State, of lands or any interest therein, shall be executed in the presence of two witnesses, who shall subscribe their names to the same as such. They may be acknowledged within this State before anyjudge or commissionerof aiourt, of record, or before any notary public or justice of the peace, and the officer taking such acknowledgment shall indorse thereon a certificate of the acknowledgment thereof, and the true date of making the same under his hand. Husband need not join in conveyance of wife's property. Formerly it was neces- sary to take the acknowledgment of the wife separately and apart from her husband when they join in a conveyance; but "hereafter the acknowledgment of any married woman toa deed of conveyance or other instrument affecting real property may be taken in the same manner as if she were sole." (Laws 1875, p. 142, H. S. }, 5662.) A scroll answers for a seal, but no bond, deed of conveyance, or other contract in writing signed by any party, his agent or attorney, thall be deemed invalid for want of a seal or scroll affixed thereto by such party. (H. S. § 7778.) Descent of Property, Real and Personal —An alien may acquire and hold lands or any interest therein by purchase, devise, or descent, and may mortgage or dispose of the same, and at his death they will descend to his heirs in all respects tin' same as if he were a citizen of this State or of the United States. (H. S. § 5772a, as amended bv Act No. 169, p. 180, S. L. 1883.) When any person dies seized of any lands or of any interest therein not having law- fully devised the same, they descend subject to the payment of his debts in the follow- ing manner: 1. In equal shares to his children and to the issue of any deceased child by right of representation, and if there be no child of the intestate living at his death, b,ts estate shall descend to all his other lineal descendants, and if all the said descendanis are in the same decree of kindred to the intestate, they shall share the estate equally, otherwise they shall take according to the right of representation. 2. If he shall leave no issue, his estate shall descend to his widow during her natural lifetime, and after her decease to his father and mother in equal shares; and if there be no mother, then the father alone; and if there be no issue or widow, to his father ami mother 'n equal shares : and if no mother, then to the father alone. ::. If there he no issue, nor \,*idi,v ■>o r father, one-half descends to the mother and the balance to the brothers and sisters in equal shares, and to the children of any such who may be deceased. 1. If the intestate shall leave no issue, nor widow, nor father, and no brother or sister living at his death, his es- tate shall descend to his mother to the exclusion of the issue, if any, of deceased brothers or sisters. 5. Iftherebenoissue, nor widow, and no father, mother, brother, or sister, it de- scends to his next of kin in equal degree, except that when there are two or more collateral in equal degrees but claiming through different ancestors, those claiming through the nearest shall be preferred. 6. If any person shall die leaving several children, or leav- ing one child and the issue of one or more other children, andany such surviving child shall die under age and not having been married, all the estate thatcame to the deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent and to the issuy of any such other children who shall have died, by right of representation. 7. If, at the death of such child who shall die under age and not having been married, all the other children of his said parent shall also be dead, and any of them shall have left issue, the estate that came to said child by inheritance matthewb's quidb. from his said parent shall descend to all tin- issue of other Children <>f the same parent, and If all the Bald Issue are in the same deep e ol kindred to said child, they shall share iually, otherwise they shall take according to the right of representa- tion 8 If the Intestate shall leave a widow and no kindred bis estate descends to the 9 if the Intestate leaves no widow nor kindred his estate shall escheat to the of Uie stat.- for the u>.- of the primary Bchool fund. All the real and personal es- ept the widow's dower Lb subject to the payment ol his debts, but te Is first chargeable. In this State when a person dli I ol any personal estate not disposed of by will the widow. If any. Is allowed all articles of wearing apparel and ornaments of her- ised, and his household furniture not exceeding two hundred and fifty dollars In value, and other personal property which she may select to the amount of two .liars. Thewldowand children constituting the family have from the per- Bucb an amount as their clrcumstancee may require Mr their Bupport dur- ttlement ol the estate— which time, U the estate is insolvent, is limited to one year after granting administration • ii on the return of the inventory it appears that the estate does nol exceed one hun- dred and nit v dollars over and above the allowances to widow and family, the [.rebate court has discretionary power to give her the whole. Ii the estate amounts to mon ild out of it. One-third of the residue goes to the widow, and the r emainin g two-thirds to the children. ,.,.,,, , , , ,<•.• v. n if there Is bat one child 11 Is equally divided between It and the widow. If there shall be no children the widow takes It all if less than one thousand dollars, n mora, then 5 between widow and fat her of the decca-ed. If he be not livinir.thenth.it half o the mother, brothers, and sisters of deceased in equal shares. It there be none oftheabovi irvivlng.the wldowtakes the whole. In any other case it Lsdis- tbe rules for descent of real estate. I,- ., dies leaving personal estate undisposed m by will after the payment s funeral- and administration charges, the residue is distributed, one- third tothe husband and tie- b dance to ner children or their issue. If there be but one child the husband and such child share equally. If there be no child nor issue ol any, the husband takes one-half and her Either one-half. It be be nol living such halt goes to her mother brothers, and sisters, or to the Issue of any such, equally. It there be no father mother brother. Or sister, nor issue of any, the husband takes the whole. Is cap ible a1 t be age of sixteen, and a male at eighteen, ol contracting mar- . n otherwise competent With the consent of the proper person she may bind hereeli as an apprentice until she shall arrive at eighteen unless sooner married, but she does not arrive at her full rity so as to dispose of her property until she arrives at twenty-one years, our statute having made no further changes than as above. If a testator of personal estate leave a wife she may have the provision under the will, or tt her option what sin- might take under the statute of distribution, until the amounts to five thousand dollars, and of the residue of the estate one-hall of what she would ha-- ■ inder the said statute. If no provision is made for her by will she may take under the statute. If the testator give her any thing In lieu ol some other th neorinti ■• - 1 to which she would be entitled In caseol intestacy, the taking ol any M11 .|, bequi dtO take it, and the taking instead what the law would allow, does of the right to have the remaining dispositions ot the will left unlm- L and to have the benefit thereof. The wiles election must be In writing and tiled { ni ,. within one year after probate of tin- will. I , N -s —The laws Of this State exempt from sale on execution to every house- holder a homestead nol exceeding forty acres of land and the bouse thereon, If In the try or a bouse and lot In any city or village not exceeding in value fifteen hun- dred dollars r that amount in value it may be sold, and alter pay iu judgment debtor the above sum the balance may be taken by the creditor. ell or incumber such homestead without the consent of his w personal property, the laws exempt from s tie on execution various arte-; in churcnes, cen imbs, and rights of burial, all arms and a< men,, nta. ii wearing apparel of every person and his family, the library and school I . individual and fa mil v. not exceeding one hundred and fifty dollars, and all family ch householder, ten sheep and their fleeces, two cows, five swine, ana and fuel sufficient to keep SUCh householder and family six months. 'I i householder all household goods, furniture, and utensils, not exceeding two hundred Ifty dollar- in value. The tools, implement-, mat. rial, stock, apparatus, team r one yoke of oxen, a horse, or pair oi , vehicle, h< harness, or other things to enable any person to carry on the profession, trade, occupa- tion or business In which he is wholly or principally engaged, not exceeding in value two bundled and fifty dollar-, and a I Qg machine . and a sulheieiif quantity .a hav grain, f. Iceep the animals enumerated for six month-. By act 14, p. li - | ,■ household goods, library pictures, rights in cemeteries, and one cow nd fuel for one month, not exceeding five hundred dollars m value, are ipt from execution issued on |udgmen< for labor. No lien can be created by mort- mnyol the above property, excepl thetwo hundred and fifty dot .,,.], oi tools, Implements, etc., used In carrying on profession, etc, without the 1 •it of the wit.-, if he have one, by Blgnlng such mortgage or Hen. i the property above mention mechanical tools and implements of husbandry, Is exempt from execution on a Judgment rendered for the same property. [fa person entitled to the benefit of a 1 (stead shall die, his w alow or minor ohUeV ne beni i* during th< time they continue to occupy the same. MATTHEWS'S GUIDE. 57 Married Women.— The real and persona] estate which may bave been acquired by any female before marriage through any source or by any means whatever, ana all that «he may acquire afterwards of any kind or from any source shall continue her sole prop- erty the same as if unmarried, and shall not be liable tor any of her husband's debts or undertakings, and may be sold, conveyed, incumbered, or oi herwise disposed of by her the same as if sole. Under these statutes she may carry on business in her own name, may deal directly with her husband; she may make contracts in her own name, buy goods, give notes in settlement of purchases, etc., binding her own separate property, real and personal; and it would seem thatall common law disabilities have been removed, excepl thai in becom- ing surety for her husband or other third persons she do'es not bind her separate property. The husband is not liable for the contracts of his wife In relal ion to her sole property, nor does he hold her lands or auy part thereof after her death as tenant by the curtesy or otherwise. When judgment shall be rendered against husband and wife for a tort or wrong done by the -wife, execution shall issue against her property alone, nor shall his property be liable to pay any such judgment, nor can he be imprisioned on any such judgment (H. S. I 7714.) A wife's separate property would probably not be bound for the husband's debts, even though contracted for the support of herself or family ; bnt she could bind her property lor necessaries in the support of herself and family, should she choose to contract there- for in her own name. Though a married woman may contract " with the like effect as if unmarried." and the dealings of an unmarried woman are in the same legal position as those of a man, a married woman has no general capacity to contract, and can only make such contracts as relate to her own property, and become personally liable only on account of her own matters. She cannot enter into an undertaking with her husband merely as his surety, and cannot be held on her contract without affirmative proof that it is her own and within her powers. Her contract of suretyship will not bind her unless made on behalf of her sole property, and should appear to have been so made and upon a sufficient con- sideration for that purpose, and her note given simply with her husband or any third person as surety for the other's debt would not bind her. She may, however, give a mortgage on her separate property for another's debt, because in that case she expressly pledges it. Therefore when it Is desired to fix the responsibility of a married woman for the payment of a debt, not contracted by her in respect to her own property, she should be required to give a specific pledge, such as a mortgage or other lien. Her homestead rights arc retained, and also her common law rights of dower in Iter husband's lands. The capacity to make contracts (except of marriage) is lixed by the common law, as respects age, twenty-one years being lawful age'. By statute ill. S. \ U209) females are ca- pable of contracting marriage when sixteen years of age. Mechanics' Liens.— Every person who, under any express or implied contract with the owner, lessee, or contractor, alters, improves, repairs, erects, or ornaments any build- ing, wharf, or other structure, or furnishes labor or materials for any of said purposes, has a lien thereon and on the land to the extent of a quarter section, or, in a city, the lot or lots. A sub-contractor, laborer, or material man has a similar lieu. A written, veri- fied statement, setting forth the time when the labor was performed or material fur- nished, a description of the property, the name of the owner, and amount due, must be filed in the office of the register of deeds of the county where the land lies by a principal contractor within ninety days, and by a sub-contractor, material man, or laborer, within thirty days after the last of material is furnished or labor performed, which must also be ■served on the owner if to be found in the county, or on his agent having charge of the premises. „ , The lien is treated as a mortgage, and enforced through the court of chancery. Mortgages.— A mortgage cannot be construed as containing an implied covenant to pay ; and when no express covenant to pay is contained in it, and no note or other per- sonal obligation accompanies it, the land mentioned in the mortgage is the only remedy. Mortgages should be recorded in the office of the register of deeds ot the county in which the land lies, and if not so recorded, are void as against any subsequent purchaser of the same premises for a valuable consideration whose conveyance shall be first duly recorded. , ... Mortgages may be discharged by the mortgagee, his personal representative, or his assignee, by a written acknowledgment on the margin of the record, in presence oi the register, or by a written certificate by either of the same parties; D u1 the certificate must be executed the same as the mortgage, so as to entitle it to record. Wills.— Every person of full age and sound mind may dispose ol his property by will. No will, except it be a nuncupative, is effectual to pass any estate, whel her real or personal, unless it.be in writing and signed by the testator or by some person in his pres- ence and by his express direction, and attested and subscribed in the presence ol the tes- tator by two or more competent witnesses. All wills and the probate thereof are recorded in the probate court. (II. S. 3 6756.) An attested copy of ever v will devising lands or any interest in lands, and of the probate thereof, shall be recorded in the registry of deeds of the county in which the lands thereby devised are situated. (H. S. g 5822. i MINNESOTA: An Indian name signifying " Cloudy Water," " Whitish Water or Sky Colored Water." It is. also called "The Gopher State," visited by MATTHEWS - GUIDE. the French Jesuits in L680, and a French trading post established at Pallg = Anthony. First permanent settlement made in 1812 on Red river. . That part of State west of the Mississippi river formed out <>l Fer- riton -called " Louisiana Purchase") ceded to the United Si in L803 by France, and that east of the Mississippi out of the northwest territory ceded in l783-'88 by Virginia and other States. Organized asaTerritory by the act of March ■'.. L849; and its people, having under the enabling act of February 26, L857, framed a constitution and State government, it was, by the act of May 11, 1858, admitted into the Union. Ann; In square mil'-. 83,531 : in acres, 53,459,840. Counties, 80. Occupies central part of North America. In its northern part it includes -tli.' Height of Land," (" Hauteur des Terres,") an extensive undulating table land with an average height of 1,000 feet, the high- egion between the Gulf of Mexico and Hudson hay, dividing the ic plain from the Mississippi valley, and forming a water shed dispersing streams to all points of the compass. Southern section has a prairie surface. St. Paul the capital; also a port of delivery, and noted for its in- dustrial enterprise: population, Lll,397. Pembina, on Red river, a port <>f entry. Minneapolis at the Palls of St. Anthony the metropo- lis: unlimited water power. A great commercial center, also famous like St. Paul for its milling, lumber, and other manufactures and its industrial enterprise. Temperature: At St. Paul, in summer. 67° to 74°; in winter, 11° to 30°. Rainfall at Fort Snelling, 25 inches. Population in 1880 of State, 1,118,486. Aaaicui/ruRAL Statibtb b : So of Butob ' L880), 02,386; total land in farms, 13,403,019 acres; improved land in farms 7,246,693 a< Value in 1880 of farms, $193,724,260. Farm products— crop of 1886: ln51,100. Buckwheat: Product, 72,000 bushel8 f area Ln crop, 6,343 acres; average yield per acre, n.4 bushels : value per bushel, 60 cents; total valuation, $43,200. /■ ■ •• ■ Product, 5,306,000 bushels : area in crop, 63,161 acres; average yield per acre B4 bushels; value per bushel, 37 cents ; total valuation, $1 I 96S { 220. Hay: Product, 600,000 tons; area in crop, 480,000 acres; average yield per acre, I .•_'•"> ton : value per ton, $4.70; total valuation, $2,820,000. ■ ,1 area in above crops, 5,870,399 aci il valuation of crop, $51,6' 1,410. MATTHEWS'S GUIDE. 59 Wages of farm labor per month by the year: Without board, $25.75 ; with board, $17.08. Day wages in harvest: Without boardj $2.20 ; with board, $1.75. Day wages of ordinary farm labor: Without board, $1.30; with board, $1. Farm animals, January 1, L888: Horses: Number, 379,489; average price $82.86; value, $31,445,299. Mules: Number, 10,969 ; average price, $94.30 ; value $1,034,415. Milch cows: Number, 433,966 ; average price, $23.75 ; value, $10,306, 693. Oxen and other cattle: Number, 489,886; average price. $20.36; value, $9,974,076. Hotjs: Number, 549,793 ; average price, $5.92; value, $3,254,775. SJieep: Number, 28:5,725 ; average price, $2.38 ; value, $674,698. Wool clip (18S0), 1,:!52,124 pounds. Dairy products (1880): Milk, 1,504,407 gallons; butter, 19,101,385 pounds; cheese, 523,138 pounds. Dairy interests annually increasing in importance and value. Manufactures (1880) : Number of establishments, 3,493 ; capital, $31,004,811 ; average number of hands employed, 21,247 ; total amount of annual wages paid, $8,613,094 ; value of materials, $55,660,681 . Value of products: Agricultural implements, $2,340,288 ; flouring and grist mill. §41,519,004; lumber, sawed. $7,366,038; lumber, planed, $657,377; cloth- ing, men's, $1,662,855 ; cooperage, $1,007, 643 ; foundry and machine shop, $1,606,- 518 ; liquors, malt, $1,153,122; publishing and printing, $1,043,004; sash, doors, and blinds, $1,344,618; boots and shoes, $930,192; slaughtering and meat pack- ing, $887,532 ; woolen goods, $253,378 ; furnishing goods, men's, $499,250 ; car- riages and wagons, $728,017 ; saddlery and harness, $859,955; tobacco, cigars, and cigarettes, $562,234, etc. Total valuation in 1880 of products of manufactures, $70,005,198. Quarry Statistics (1880) : Number of quarries, 41 ; capital, $284,225 ; product, 3,109,113 cubic feet. Value of products : Marble and limestone, $201,593 ; sandstone, $41,150 ; crys- talline silicious rocks, $13,075. Total value of product of quarries, $255,818. As shown by the above statistics, wheat is the great agricultural staple, and milling and sawed lumber the most valuable manufactur- ing industries. Total assessed valuation in 1880 of real estate and personal property, $258,- 028,687. Railroads, June 30, 1887: Mileage, 8,440.70; total length of track, 9,942.65 miles; locomotives, 1,210; total revenue ears, 38,044. Presidential, congressional, and State elections Tuesday after first Monday in November ; senators, 47 — representatives, 103 ; biennial sessions of legislature in odd numbered years, meeting Tuesday after first Monday in January ; limit of sessions 60 days ; term of senators 4 years — representatives, 2 years. Electoral college, 7. Colleges 5; excellent school system; school age 5-21; school popu- lation, 400,000. Legal interest rate, 7 per cent, ; by contract, 10 per cent. ; usury for- feits all interest with costs. State Laws in Relation to Deeds, Dower, Descent and Distribution of Property, Married Women. Mechanics' Liens, Mortgages, and Wills. Deeds.— Deeds must be signed, sealed, and aknowledged by the grantor, and attested by two witnesses, and recorded in office of register of deeds in the couniy where such hinds are situated. If acknowledged within the state, the acknowledgment musl be M\ ll 111 iWS's GUIDE. le, district, or probate court, or to a clerk of sa d courts, . 81 ites circuit and district courts for the district of Minnesota, iry public, justice of the p . court commissioner, county au- clerk, or recorder of a village ; and where Bucb officer baa a seal ■ •i niii' e he must affix sucb seal to the certlflcal i of acknowledgment. I i n - ol 1878. p. • ; Laws of 1878, p. 103 j G 8. 1878, ch. 40, I, 7, and eh. 72, ll.. ut-i out of this State ana within the Unit< a be taken only • the chief just ice or associate justice <>f supreme court <>i' United States, |ud( the district courts of the United - ludges or justices of the supreme, superior, or other courl of re "d of any State, Territory, or District within the United ore the clerks of the several coflrts above mentioned ; or before justl the i" ice, uotaries public, or commissioners appointed by the governor ol this state for purp : but no acknowledgments taken by any such officer shall be valid unless ae place or territory for which he shall have been s< lected or appo to such office, or to which the jurisdiction of the court to which he belongs shall extend. 1878. ch, i". :. When d( cuted outside of the State, unless the acknowledgment Is token before a. commissioner appointed by i lie governor of this State for that purpose, • i"i.' a notary public or clerk of court of re "d, orsome other officer having a seal of office, and the certificate of acknowledgment upon Bucb deed, with the seal of "iliceof such officer affixi , there shall be attached or appended to or indorsed on such i certificate of the clerk, or other proper officer of a court of record "i the county, district, "i- place where taken, under the seal <>i' li i- office, that the person whose □ ime ascribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be: that he is acquainted with the handwriting of such ii. ami verily believes the signature subscribed to the certificate of acknowledg- ment is genuine. No Beparate acknowledgment of wife i- required by our laws, but she must acknowledge her deed the same a- her husband. Laws of 1868, p. HKi and ol - i A deed of laud in this State executed in a foreign country may he executed according to the law.- of BUCh country and acknowledged before any notary public t herein, minis- ter plenipotentiary, minister extraordinary, minister resident, cnarg< com- missioner, or eon-ul of the United state- appointed to reside therein. It" taken bt fore a notary public his seal of office must be affixed. Lf Signed and sealed, with two wit n- and acknowledged a- above.it is sufficient, whether in accordance with the la sneb country or not. (Ch. I I, I". and laws of Is s, p. 101 ; < ;. s. 1878, ch. I I, 10, a married woman may convey her separate estate, by joining her husband In the d Laws of 1809, p. 70; G. S. 1878, ch. 10, g 2.) she is liable upon the covenants in her the - line as though she' Were a /( me SOU . il.aws of 1889, p. 71 : < i. S. 1878, eh. <,<(_ •_•_ , M/|,e knowledgment of a married woman i- not required. To convey her se] her husband must join with her in th aveyanoe. In this State a scroll ans for a official seals Ch.40, 31; G. S. 1878, ch. grantor and grantee a deed is valid though not acknowledged, but without m-k.no. ment in form substantially as above it is not entitled to record. Tbusi Deeds— Are not often used, and are constructed In all respects as mortg which Ui - Property.— Surviving husband or wife 1b entitled to hold for his or her life, free from the debt- of the deceased, the homestead of such dec* • hold in fee Blmpleor by such-Inferior title as the deceased was at any time during lied or possessed, free from any testamentary or other disposition thereof to which such survivor shall not nave assented in writing, one equal, undivided one- third of all other lands of which the deceased was at any t i me during coverture seized or possessed, but subject in its just proportion with the other real estate to payment of debt- of deceast 'I UOt paid from personal estate. lueofthei or If there be no surviving husband or wife of the in- i the whole the i follows: 1. To children and lawful is- any deceased child by right of representation. •-'. If there is no child and no lawful i- child of the Intestate living at bis death, to fattier. ■:. [f intestate leaves no , on< equal one-third to mother and residue to brot hers and Bisters and to the lawful Issue of any deo ased brother or sister by right of representation. 4. If in- , nor father, and no brothers nor sisters living at his death, th moth- any deceased in-other or si-ter. 5, if inf ither, nor mother, 1 hen in equal share- to brothi 1 brother or sister, by representation. >•. [f intestate leaves no r, mother, brother, nor sister, then to next of kin in equal degrees. Of collateral kindred in equal degrees, but claiming through different ancestors, those who claim through nearest ancestor preferred. 7. If a person dies leaving children, or one child and the Issue of one or more other children, and any such surviving child dies a a : bi e tl married, all the estate that came to such deceased child .-hall her children of same parent, and to the issue of any other such child- ren whom right of representation. s . If at the death of such child who rid unmarried, all the other children of said parent are also dead, the that c 1 me to -a ei child shall descend to tssueof other children of same parent : if ■aid if ime degree of kindred to said ''hi id t hey share equally ; otherwise right of representation '.» If intestate leaves surviving a husband or wife, but no kin- dred, 1 to He -ur\ivor. lu. If intestate leaves no husband, wife, nor Kindred, tie- estate shall escheat to the stub-. (Laws of 1K70, p. 65: (J. s., 1878, ch. 1.;. j, . 110.) MAT I'll K\Y>"> '.I I I >l :. G1 Degrees of kindred computed by rules of civil law. No distinction between half blood and whole blood as to right to inherit. (Uli. 46, \ 1 ; G. S. 1878, ch. 46, Person \\, Property— Descends the same as real property, except thai before there is any distribution, sundry small provisions are made for support of widow and children under ton years of age. (Ch. 51, el, as amended by Laws of 1876, p 60;G.S.187 Doweb.— Estate in dower and by the curtesy, are abolished. (Laws of is;.,, p. 74.) Exemptions.— Family bible, family pictures, school hooks, or library, and musical In- struments for use of family; seat or pew in any bouse or place of public worship; a lot in a burial ground; all wearing apparel of debtor and family; all beds, bedding, and bedsteads kepi and used bj debtor and his family; all stoves and appendages put up or kept for use of debtor and family; all cooking utensils, and all the household furniture not herein enumerated, not exceeding five hundred dollars in value: three COWS, ten swine, one yoke of oxen and a horse, or in lieu thereof a span of horses or mules ; twenty sheep, and the wool from same; necessary food for stock- for one year, provided or grow- big, or both; one wagon, cart, or dray, one sleigh, two plows, one drag, and other farm- ing utensils, including tackle for team, not exceeding three hundred dollars in value; one sewing machine, and grain necessary for one year's seed, not exceeding fifty bushels wheat, fifty bushels oats, thirty bushels barley, fifteen bushels potatoes, and three bush- els corn and binding material for use in harvesting crop raised from seed grain above specified; the provisions for debtor and family for one year's support, provided orgrow- iug, or both, and one year's fuel : tools or instruments of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade, and stock in trade not exceeding four hundred dollars; libraryand implements of any professional man. Also, the wages of any laboring man or woman, or their minor children, not exceeding twenty dollars, due for services rendered during the ninety days preceding the issue of process, and moneys arising from insurance of exempt property. (Ch. 66, 2 279; Laws of 1SG8, p. 112; 1870,p.l31; 1371, p. 122; 1872, p. 137; 1873, p. 189; 1878. p. 79; G.S.1878,ch.66,g 310; Laws of 1885. p. 44.) In addition to articles above enumerated, all the presses, stones, type, eases, and other tools and implements used by any copartnership, or by any printer, publisher, or editor of any newspaper, and in the printing or publication of the same, not to exceed two thousand dollars in value, together with stock in trade not exceeding four hundred dollars in value, are exempt from attachment or sale. (Laws of 187ii, p. 61 ; < i. S. 1878, ch. 66, 310.) Also a homestead not exceeding eighty acres of land with dwelling house thereon, to be selected by the owner, not included in the laid out or platted portion of any incorporated town, city, or village; or instead thereof, at the owner's option, a quantity of land not exceeding one lot, if within the laid out or platted portion of any incorporated town, city, or village having over five thousand inhabitants, or one-half aci-i -if within the laid out or platted portion of any such town, city, or village having less than tive thousand inhabitants, and the dwelling house thereon and its appurte- nances, owned and occupied by any resident of this State, is not subject to attachment, levy, or sale upon execution. Such homestead is exempt while occupied by the widow or minor children of any person deceased, who was while living entitled to the benefit of the homestead act. (Ch. 68, as amended by Laws of 1875, p. 92; G. S. 1878, ch. 68, 3 1.) It a married man absconds from the State, or deserts his wife or minor children, such wife and children may continue to occupy such homestead, and the same shall be ex- empt from levy or sale upon attachment, execution, or other final process issued against such husband and wife or either of them. (Laws of 1875, p. 92 ; G. S. 1878, ch. 68, g Li Married Women.— All property real or personal, belonging to a woman at the time of her marriage, continues her separate property, and during covertureshe may receive, hold, use, and enjoy property of every description, and all avails of her contracts and industry, free from the control of her husband and from any liability on account <>( his debts. She is responsible for her torts, her property is liable for her debts, and she is capable of making, and is bound by, her contracts the same as if she were feme sole; except that no conveyance or contract for the sale of real estate, or of any interest therein, other than mortgages on lands for the purchase-money thereof and leases for a ter n not. exceeding three years, shall be valid unless her husband shall Join with her in the c >n- vevance. Her separate property is liable only for her own personal debts arising from her own contracts or torts. Her husband is not liable for her debts or her i on tracts en- tered into either before or during coverture, except for necessaries furnished after mar- riage. Contracts between husband and wife, or powers of attorney from one to the other, relating to the real estate of either, are void. In relation to all other subjects, either maj be the agent of the other, or contract the one with the other. (Laws of 1869, p. 69 ; Laws of 1878, p. 88; G. S. 1878, ch. (59, g 5 1-4.1 A married woman may sue and be sued in her own name without joining her husband. (Lawsof 1869, p. 72; G. S. 1878, ch 66,§29.) A woman attains her majority at eighteen, but after marriage may join with horhu-b-ind in deeds of conveyance though under age. ( Ch. 40, § 2 ; G. S. 1878, ch. 10. \ 2, and ch. 59 \ 2.) Mechanics' Liens.— All labor performed on any building, article, or utility, or that has entered into the construction of anything, is a first lien thereon to the full amount of the consideration agreed upon between the owner or employer and employee, with costs and attorney fee. All material furnished in the construction or building, or in aid then 'of of any building, article, or utility or anything whatever, is a second hen thereon to the full amount of the consideration agreed upon, with costs and attorneys' fee. Party claiming lien must file with the register of deeds of the county u here labor was performed or material furnished within ninety days after last day on which labor was performed or material furnished, a statement of the amount of labor performed or mate- rial furnished, and serve a copy of same on the owner or agent of the property. Suit must be brought on the lien within four months after filing. No Incumbrance upon land operates upon the building erected or material furnished until alter the hen has been satisfied. ,;_' MATTHEWS 8 GUIDE. ioontnetor or sab-oontmotor receiving the fullamoanl due under b and sons performing labor of furnishing material, thereby allowing a hen I lied, is liable to criminal prosecution. s - \v person of full ageand sound mind may devise real or personal prop- erty. O ivertureno disability. WiUs to be probated bere,'in the first Instance, must be executed according to toe laws il,!' stat. •: anda will proved and allowed Ir •■ ,e iaw> thereof may be probated here, bo as b ' the deceased, by the production ol the cop: the probate court of the countywhe ..r other person Interested In such will. MISSISSIPPI : From the river of that name — an Indian word signifying according to some - Th Father of Waters," and to others " Great and Long River.", . ca iled "The Bayou State." Formed out of territory ceded by South Carolina August 9, L787, and by Georgia June L6, 1802, to the United States. Originally included Alabama. First permanent set- tlement in L716 at Natchez. Territorial government established by of April 7. L798, and May 10, 1800. Eastern part separated and nized March 3, L817, as a Territory under the name of Alabama. Admitted into the Union December 10, 1817. Seceded January'.'. 1861, and readmitted February 23, 1870. Ana : In square miles, 47,156; in acres, 30,179,840. Frontage on Cull, including irregularities of coast and islands. 287 miles. At Mis- sissippi City, Biloxi, Shieldsboro', and Pascagoula are fine harbors. Counties, 71. . .1 . „, the capital: population, 5,204 : Vicksburg, on the Missis- sippi river, the principal cotton market : population 11,814; Natchez an extensive shipping depot : population, 7.<>">> ; . Temperature at Vicksbunr: In winter. 47° to 56°; in summer, 80 Rainfall at Natchez, 54 inches. Population of state in L880, 1,131,597. A'.ia< fiat i:ai. Si mflTICS: Number of farms (1880), 101,772; land in farms, L635&,462 acres; improved land in farms, 5,216,937 acres. Total value of farms, $92344,915. \ enure value per acre, cleared land, $738; woodland, $.>./ 8. ?armprodud — crop of 1886: Indian corn: Product, 25,507,000 bushels ; av- , 1,946,666 acres ; value per bushel, Product, 17::.iiiiii Imsliels : average Farm products— crop of 1886: Indian corn: E ene'e yield per acre. L3.1 bushelfl | area in crop, U tal valuation, $15,049,130. Wheat: Pn MATTIIEWs's GUIDE. 63 yield per acre, 4 bushels; area in crop, 43,062 acres; weight per bushel, 59 pounds; value per bushel, $1.10; total valuation, $190,300. Rye: Product, 10,000 bushels; average yield per acre, 9.9 bushels; area in crop, 1,008 acres; value i ler 1 mshel, $1.25 ; total valuation, $12,500. Oats : Product, 3,308,000 bush- els ; average yield per acre, 9.5 bushels ; area in crop, 355,001 acres ; value per bushel, 63 cents; total valuation, $2,121,840. Hay: Product, 28,350 tons; average yield per acre, 1.5 ton; area in crop, 27,000 acres ; value per ton, $12.40 ; total valuation, $351,540. Potatoes: Product, 573,000 bushels ; average yield per acre, 67 bushels ; ana in crop, 8,556 acres ; value per bushel, 87 cents ; total valuation, $498,510. Cotton: Product, 935,390 bales; average yield per acre, .307 bale; acres in crop, 2,548,674 ; value per pound, 8 cents 3 mills. Total valuation of cotton crop, $37,654,110. Total area in crop, 4,929,967 acres. Total value of crop of 1886, $55,877,930. Cotton lands mostly in Yazoo county and Mississipi bottoms. Tobacco (1880) : Product, 414,663 pounds ; acres in crop, 1,471. Rice: Product, 1,718,951 pounds ; acres in crop, 3,501. Sugarcane: area in crop, 4,555 acres ; sugar, 18 hogsheads ; molasses, 536,625 gallons. Great waalth in her timber supplies. Extensive forests of chestnut, pine, magnolia, oak, and walnut on the uplands and bluffs, as also of long leaf pine on sandy regions and islands of the south. Farm animals, January 1, 1888 : Horses, 134,065 ; average price, $71.95 ; value, $9,645,784. Mules, 159,548 ; average price, $87.68 ; value, $13,988,374. Milch cows, 285,904 ; average price, $15.55 ; value, $4,445,807. Oxen and other cattle, 428,909 ; average price, $9.48; value, $4,064,000. Sheep, 247,830; average price, $1.57; value', $390,332. Hogs, 1,226,689 ; average price, $3.10 ; value, $3,801,754. Dairy products (1880) : Milk, 427,492 gallons ; butter, 7,454,657 pounds ; cheese, 4,239 pounds. Wages of farm labor per month by the year (1888) : Without board, $15.03 ; with board, $10.09. Day wages in harvest : Without board, 97 cents ; with board, 73 cents. Day wages of ordinary farm labor : AVithout board, 75 cents ; with board 55 cents. Manufactures (1880) : Number of establishments, 1,479 ; capital, $4,727,600 ; average number of hands employed, 5,827 ; total wages paid per annum, $1,192,645 ; value of materials, Value of products : Cotton goods, $691,415 ; flouring and grist mill, $1,762,523 ; lumber, sawed, $1,920,335 ; oil, cottonseed and cake, $560,363 ; woolen goods, $299,605; all other industries, $2,284,061. Total valuation in 1880 of manufacturing products, $7,d18,302. Total assessed valuation in 1880 of real estate and personal property, $79,- 469,530. , , MCJE , Railroads, June 30, 1887 : Mileage, 708.67 ; total track, /35.4o miles; locomo- tives, 42 ; total revenue cars, 558. Governor and other executive officers of the State elected quadrien- nially ; legislature elected every 2 years ; presidential, congressional, and "State elections Tuesday after first Monday in November ; bien- niel sessions of legislature in even numbered years, meeting Tuesday after first Monday in January ; no limit of session ; senators, 37— representatives, 120; term of senators, 4 years— of representatives, 2 years. l'i ! MAI 1 HEMTS'S '.I IDi:. Electoral coll< ge, 9. Co! school age, 5-21 j Bchool population, 444,131. Legal interest rate, 6 percent.] by contract, 10 per cent. Usury forfeits entire interest. &TATK LAWB IN RELATION K> DEEDS, DOWER, DfiSCBNI a\i> DISTRIBUTION OF PROP" bbtt, Married Women, Mechanics' Liens, Mortgagesj and Wills. Deeds.— Conveyances of wife's lands made prevlona to November l, 1880, musl be by Joint deed of herself and husband. Conveyances of the homestead must be by joint deed, else the conveyance is void as to two thousand dollars in value on the property conveyed. Any estate may be made to commence in fitturo. Every estate granted (a i a fee, unless a less estate Is expressly limited or clearly appears to be Intended, le in Shelly 's easels abolished. Conveyances purporting tocon\ eya greater estate than the grantor may lawfully convey operate to the extenl thai he may lawfully a invey. irds "grant, bargain, and sell " operate as a covenant of seizin of an estate free trom Incumbrance made or suffered by the grantor except the rents and service that may be re- escrved , and aLjo'or quiet enjoy ment against the grantor, his heirs and assigns. Acknowl- edgments and proof of deeds or other written contracts required by the laws of this State to be recorded maj be mule' In tins state before any judge of the Bupreme court. r proof under the seal of his office, or any Justice of the p or member of the board or county supervisors, whether the lands conveyed be wlthni his county or not. If the party executing the conveyance of lands in this state, or the witnesses thereto, resides not or be not In this state, but in some other State or Territory of the Union, the acknowledgment or proof may be made before any just i f the su- preme court of the United States, or any district judge of the LTnlted states, or any judge or |ust ice of the supreme or superior court of any State or Territory ol the union, or any justice of the peace, whose official character shall be certified under the seal of some court of record in his county, or before any commissioner residing in such state or Terri- tory, appointed by the governor Of this State to that end, or before any notary public or cleric of a court of record, having a seal of office, In any state or Territory of the Union. Unacknowledged Instruments may be proved by one or more of the subscribing wit- nesses thereto, as above stated. If the grantor and witnesses be dead or absent, so that his or their personal attendance cannot be had, then the handwriting maj be proved. Trust Di Des< i. vi and Distribution of Property. — Estates of inheritance of an intestate •id: 1. To the children or their descendants by right of representation. 2, i brothers and sisters or their descendants by same right. ■;. To the fat her and mother, if living, or to the survivor of them. i. To the next of kin, computed by the rules of the civil Law. There is no representation amongst collaterals, except, of brothers and ah alone. There is no distinction between the whole and the ball blood, except that kin- die, i of the whole blood are preferred to those of the half blood in equal degree. \ Bur- vivingwifeor husband take, tin- whole property in fee, where there are no surviving onildrenor descendants of children; and where there are, takes a child's part, lal property descends according to tbe foregoing rules. Hotchpot is observed. Where there La no person capable of taking under the statute the property, real and personal, escheats. If the husband by will make-; a devise of property no( satisfactory to the widow she may, within six months of the probate, renounce the will as to herself, and elect to take er and distributive share. Personal property In this state descends a rding to the ab >ve rules, whatever may bet he domicile of the intestate, widow, hell's, or distrlb Dower.— Estates In dower and by the curtesy exisl where the death occurred prior to \o. i i n»" r I, : Exemptions.— No property is exempt from execution when the purchase-monej thereof forms, in whole or In part, the debi on which the Judgment is founded; nor is any ■ nipt from sale for non-paymenl ol taxes or assessments, or for materials furnished therefor, or from a debt fir labor done thereon, or where the Judgment is for performed, or upon u forfeited recognizanc ■ bad bond. subject to the foregoing rules, the exempl properly is as follows: A homestead to u of the Stale, male being a householder and having a family, not to o thousand dollars in value, nor one hundred and Sixty acres in c\- : ins exemption is forfeitable If the debtor cease to reside on the place, unless his removal be temporary, by reason of .some casualty or necessity, and with the purpose ipylng it as soon n- the cause of absence can be removed if the prem- ises is worih more than two thousand dollars, II may be divided. If practicable, if not, sold, and tWO thousand dollars of the proceeds paid to the debtor, the remainder to the en The following property of each bead of n family or housekeeper is also exempt: I. Two horses or mules, or one yoke of o\en ; 2. Two cows and calves ; .:. Five head of stock hogs; I Five sheep; incitio, towns, and villages, there is exempt personal property to be selected b\ the debtor, not to exceed two hundred and fifty dollars in value. This seems to be an e\ eruption in lien of the foregoing, not in addition to It. One hundred dollars Of a Laborer's or mechanic's wanes a re exempt ; and the following also, without reference as to the status of debtor as to family: 1. The tools of a men necessary for carrying on his trade; 2. Agricultural implements of a fanner, necessary for two male laborers; 3. The implements of a laborer necessary in his employment • 1. The books ofa student required for the completion of his education ; 5. Wearing apparel : 6. The libraries of licensed attorneys, pracl Icing physicians, ami ministers, also the In- struments of surgeons and dentists, not to exceed two hundred and fifty dollars; 7. The arms and accoutrements of each enrol led nialitiaman; 8. All globes, books, and map- used by the teachers of schools, academies, and colleges. The amount of any life insur- ance policy, not exceeding ten thousand dollar's, is exempt from debts of deceased. The title to exempt property vests in the widow and children or husband and child- ren, as tenants in common, by operation of law, on the death of the debtor. The execu- tors and administrators are requjred to designate it and "sel it aside" in their appraised inventory j but they never have the title to it. If there be no widow, husband, or child- ren surviving, the property is liable to creditors. The debtor may sell his exempt prop- erty and convey good title; also, he may remove it from the state. Married Women— May acquire, hold, enjoy, sell, bequeath, and in all other respects deal with their property, and may make all kinds of contracts, free from any of the com- mon law disabilities. Gifts or conveyances between husband and wife are void, unless in writing, acknowledged and recorded; and all contracts between them for compensa- tion for service are void; nor can the husband rent the wife's plantation and outfit f'oi his own benefit except by a written lease, acknowledged and filed for record. If the husband converts the wife's property or income he becomes her debtor; but cannot be made to account for income after one year. If he employs her income in the support of the family, with her consent, he is not liable. lie is not liable for her ante- nuptial debts. Women become of age at twenty-one. Mechanics' Liens.— Every building, bridge, or addition to any fixed machinery or gearing, or fixtures for manufacturing purposes, every boat or water-craft, and every paling or enclosure is liable for the payment of any debt contracted and owing for labor performed or materials furnished about the erection, alteration, or repair of the same and the debt is a lien on the building or structure and the land on which it is. The lien takes effect from the time of filing the contract in the office of the chancery clerk wi- the counts' where the land is, or from the commencement of suit to enforceit, and such suit must be begun within six months after the money claimed is due and payable. Sub-contractors, or employees, or furnishing men of a contractor, are not entitled to a lien. Mortgages— Must be executed, acknowledged, and recorded as other conveyances, and will bar dower as other conveyances. Between the parties they are enforceable where given on future acquired property. They are foreclosed by bill in the chancery court andsale thereunder. Mortgagees may sell under an express power of sale, and mas- purchase at the sale. They are discharged by payment of the debt or performance of the contract; and the mortgagee or trustee, when satisfaction is received, must enter sat is- faction upon the margin of the record, and the title reinvests in the mortgagor. In all cases where the remedy at law to recover the debt is barred, the remedy in equity on the mortgage is also barred. See Deeds. Wills— May be made by any person twenty-one years of age. If not written and subscribed wholly in the hand of the testator, two witnesses are necessary to devise realty or personalty. They are probated in the common form in the chancery court, or before the clerk on monthly rule days, and are recorded in that office. MISSOURI : From the river of that name — an Indian word signifying " Mud River" or " Muddy.'''' Also called the " Pennsylvania of the West." Settled by the French in 1755 at St. Genevieve, and at St. Louis in 1764. Fort Orleans, near Jefferson City, built in 1719 by the French. Formed out of the so-called " Louisiana Purchase " ceded in 1803 to the United States by France. Included by the act of March 26, 1804, in the " district of Louisiana." Organized into a Territory by the net of June 4, 1812, which provided that " the Territory heretofore called Louisiana shall hereafter be called Missouri/' which at that date also included the Territory now known as Arkansas. A memorial in 1819 of the territorial legislature of Missouri, praying for admission into the Union, gave rise in Congress and throughout the country to a debate Cg lIATTHEWBfl QUIDS. between parties favoring and opposing Its admission with a constitu- tion recognising slavery. The debate was a violent, protracted, and . menancing the existence of the Union. A eom- inally effected confirming slavery in Missouri, but pro- hibiting it in all the territory acquired with Louisiana north and north- luri, or above the line of 36° 30' north latitude, and Mis- souri was admitted August 10. I821,by proclamation of the President, under the resolution of March 2. 1821, it having complied with "a fundamental condition" required by that resolution protecting the "immunities and privileges" of its colored hvedmrn. Ar. . 3quare miles, 65,370 ; in aeivs, n. s: ;i;.«.i:; l. Frontage on tie- Mississippi river,nearly 550 miles. Temperature at St. Louis, in winter, 30 c to 43°; in summer, 75° to 80°. Rainfall, 42 inches. Counties, 115. Jefllrson City the capital: population, 5,271. St. Louis a port of entry and the largest city west of the Mississippi; also a great manu- facturing and commercial center : population (in 1880), 350,518. The if St. Joseph has a trade amounting annually to §60,000,000 and 000, and its wholesale and jobbing trade is assuming mam- moth proportions: population (in 1880), 32,431. Kansas City (" the Chicago of thi: West") an important railroad and trade depot, and •r of a region of extraordinary agricultural resources, and abounding in coal, lead, iron, etc. : population in 1880, 55,787 Population of State (1880), 2,168,380. •ltural Statistics : of farms (1880), '_M-V>75 j total land in farms, 27,S79,27<; acres ; improved land in CarmS, 11,134,245 acres, 1 value of farms, *375,G33,307. Average value per acre: Best cleared land, $50 to $150 per acre; medium d land, $10 to $35 per acre ; woodland, 18.25 per acre. Farm products— crop of 1S86: Indian corn: Product. L4:-i,70 ( J.oiH) basin average yield per acre, 22.2 bushels; area in crop, 6,484,600 acresj value per bushel, 31 cents; total valuation, $44^49,790. Wheal: Product. 21,986,000 bush- in crop, 1,662,721 acres; average yield per acre, 13.2 bushels; weight per bushel, 59.5 pounds; value per bushel, 63 cents; total valuation, $13,851,180. Product, 571,000 bushels; average yield per acre, 12 bushels; area in crop, 17,551 acres; value per bushel, 50 cents; total valuation $285,000. Oatt: Product .77,000 bushels; average yield per acre, 23.4 bushels ; area in crop, 1,805,884 Lue per bushel, 25 cents ; total valuation, $7,644,250. Barley: Product, 100 bushels; average yield per acre, 22.5 bushels: area in crop, 7,995 acres; value per bushel, 48 cents; total valuation; $86,400. Buckwheat: l'r<>duet,<;t>,000 I,,,.!, ageyield peracre,9.3 bushels; area in crop, 7,073 acres; value per bushel, 60 cente ; total valuation, $39,600. nay: Product, 1.464,750 tons; average yield peracre, 1.09 ton; area in crop, ilue perton,$7; total valuation, $10,253,250. /• „i U rt. i,]oo,0(X)budieb; average yield per acre, 50 bushels : area in crop, 82,189 acres; value per bushel, 42 cento ; total valuation, $1,725,780, Tbbacoo: Product, 11,959,000 pounds; average yield per acre, 745 pounds; area in crop, 16,053 acres; value per pound, 7 cents ; total valuation, $837,130. tal ana of State LncTop, 10,952,816 acres ; total valuation of farm products, $79,272,880. MATTHEWS'S GUIDE. 67 Wages of farm labor, per mouth by the year : Without board, $21 ; with fooard, $14.20. Day wages in harvest : Without board, $1.43 ; with board, $1.13. Day wages of ordinary farm labor : Without board, 94 cents ; with board, 80 cents. Farm animals, January 1, 1888: Horses: Number, 782,104; average price, $57.59; value, $45,040,996. Mules: Number, 225,563 ; average price, $66.59 ; value, $15,019,534. Milch cows : Number, 737,259 ; average price, $20.25 ; value, $14,929,- 495. Oxen and other cattle: Number, 1,429,453; average price, $18.24; value, $26,077,367. Hogs: Number, 3,798,799 ; average price, $3.96; value, $15,043,246. Sheep : Number 1,087,690 ; average price, $1.74 ; value, $1,894,973. Manufactures (18S0) : Number of establishments, 8,592 ; capital, $72,507,844 ; average number of hands employed, 63,995 ; total wages paid during year, $24,309,716 ; value of materials, $110,798,392. Value of products of manufactures: Agricultural implements, $1,141,822; boots and shoes, $1,982,993 ; bags and other paper, $1,730,000; brick and tile, $1,602,522 ; bread and other bakery products, $3,250,192 ; carriages and wagons, $2,483,738 ; men's clothing, $3,822,477 ; cooperage, $1,904,822 ; cotton goods, $524,'- 580 ; flouring and grist mill, $32,438,831 ; slaughtering and meat packing. $14,- 628,630 ; gold and silver reduced and refined, $4,158,606 ; iron and steel, $4,660,- 530 ; iron bolts, nuts, washers, and rivets, $493,560 ; lead, bar, pipe, sheet, and shot, $548,000 ; leather, curried, $336,623 ; leather, tanned, $435,072 ; liquors, malt, $5,048,077 ; liquors distilled, $527,530 ; lumber, sawed, $5,265,617 ; lumber, planed, $1,267,636; marble and stone work, $1,003,544 ; paint, $2,825,800 ; printing and publishing, $4,452,962 ; soap and candles, $1,704,941 ; sugar and molasses, $4,475,- 740 ; tin, copper, and sheet ironware, $1,687,320 ; tobacco, cigars, and cigarettes, $1,524,381, etc. Total value of manufactured products, $165,386,205. Mine Statistics (1880) : Bituminous coal: Product, 543,990 tons; value, $1,037,100 ; Iron ore: Product, 386,197 tons; value, $1,674,875. Lead ore: Product, 28,315 tons ; value, $1,478,- 571. Zinc ore: Product, 34,344 tons; value, $599,373. Copper ingots: Product, 230,717 ; value, $25,730. Minor minerals (value), $13,196. Total value of all mining products, $4,828,845. Quarry Statistics: Marble and limestone: Product, 4,419,300 cubic feet; value, $421,211. Sand- stone: Product, 194,000 cubic feet; value, $81,960. Crystalline sihetous rocks: Product, 86,300 cubic feet; value, $110,000. Number of quarries, 34 ; capital invested, $328,550 ; product, 4,699,600 cubic feet. Total value quarry products, $613,171. Railroads, June 30, 18S7 : Mileage, 7,818.58 ; total track, 12,0S1.27 miles ; loco- motives, 1,082; total revenue cars, 33,585. Governor and other State executive officers elected quadrennially ; legislature, every 2 years. Presidential, congressional and State elec- tions Tuesday after first Monday in November ; senators, 34— repre- sentatives, 141; biennial sessions of legislature in odd-numbered years, meeting Wednesday after January 1 ; sessions limited to 70 days ; term of senators, 4 years— of representatives, 2 years. Electoral college, 16. Colleges, 17 ; excellent school system amply supported ; school age, 6-20; school population, 741,632. Legal interest rate, 6 per cent, ; by contract, 10 per cent. ; usury .forfeits entire interest. m ltthewss guide. State Laws in Relatio ami Distribctios pbbty, SIar&ied Women, Mechanic's Liens, Mortgages, ami Will-. • be under se L A scrawl affixed to an Instrumenl led i- sufficient. They must be acknowledged, If doue in > . ■••>urt having a seal, or some |udge. Justice, or clerk thereof, notary public, or Jus- inty where the estate lies; if don< State, then before missioner of the State, notary public, court of record of the United States or of any rritory having a Beal.or clerk of any such court, and If done in u fo ire any court of any state, kingdom, or empire having a seal, or the t or chief officer of any city or town having an official seal, or before a minister asul of the Uniti ra notary i > n • > l i < ■ ha> Ins a BeaL ry to the validity of any deed to be used In this State. If the iwledgmenl to a deed be taken by a notary public of this State, the certificate of the officer must give the date when his commission expires. Every deed, mortgage, conveyance, deed of trust, bond, or other Instrument of writ- thorlzed by law to he recorded, In order to be recorded musi be acknowledged be- i ime officer authorized to take acknowledgment of deeds, whos irtlflcate shall be icli instru . Deeds.— See Mortgages and Deedao/ Trust - e.nt anii Distbtbi ii"N of Property. — All property of a person dying intes- tate descends and Is distributed as follows: 1st, to children <>r their descendants in • ual parts; 2d, If there be no children or their descendants, then t<> fothsr, mother, brothers, and Bisters, or their descendants In equal part-: 3d, the previous ■ ii-T. then to husband or wife; 4th, these (ailing, then to grandpar- incles, and aunts, and their descendants In equal parts, and thus passing to the ;t lineal ancestors and their descendants In equal part-, [nail cases the heirs of the half blood take only half the Bhares ol like heirs of the whole hi I. [fall the le-irs are In the same degree of relationship to the decedent they take oj r capita ; If in unequal nearest take p< r capita, the more remote per stiri» t. When the husband dies without issue the widow takes one-half of the estate, and also absolutely all the property which came to him by the marriage and remains undisposed of, provided she make • Ion as below stated. See D Dowkk.— The wiie's dower in the real estate of the husband is one-third tor life if she survive in in. Her Inchoate right of dower cannot be disposed of by any net of the hus- band (except In partition suits), or of his creditors. Upon the death of the husband leaving a child or descendant, the wife is entitled to a share In his personal estate equal share of a child. If the husband die leaving no descendant surviving, then the widow will take absolutely all personal property which came to the husband in right of the marriage, and also one-half of the real and personal estate of which the husband was owner . -it the tine- oi his death, provided she make a written election to take such ibject to the payment of the husband's debts. This election must be in writ- ing, acknowledged as In the case of a deed, and recorded in the county where letters of administration were granted. This must he done within twelve months alter the grant Of such letters, [f no such election is made, she will take no interest In the personalty, and will take only ordinary dower In the realty. I Bryant vs. < hristian. 68 M Sumptions. — The following personal property Is exempt from execution or attach- ment when owned by a person not the head of a family: 1st, wearing apparel; 2d, nec- t - •■ • l - and implements of trade of any mechanic while carrying on his trade; and when owned by a person who Is the bead or a family, the following: 1st, ten head of ho,'- ; 2d, I en head of Choice sheep and the product thereof in wool. yarn, or cloth ; Id, two COWS and calves : Ith, two plows, one axe. one hoe. and one set ol' plow -ears, and all necessary farm implements for the use of one man; 5th, working animals of the value of one hundred and fifty dollars; 6th, spinning wheels and cards; 7th, one loom and apparatus necessary tor manufacturing cloth in a private family ; sth. all the spun yarn, thread, and cloths manufactured for family use: 9th, any quantity of hemp, flax, and wool, not exceeding twenty-five pound- each : 10th. all wearing apparel of the fam- ily; 11th, four beds with the usual bedding, and such other household and kitchen fur- niture, not exceeding the value of one hundred dollars, as may he nessary for the (am- lly, agreeably to an Inventory thereof to be returned on oath with the execution bj the officer levy in',' the same; Eth, all arms and military equipments required by law to he kept : 13th, all such provisions a- maj he on hand for family use, not exceeding in value one hundred dollars; Uth, the bibles and other books used In the family, lettered grave- . and one pew in a house of worship: lath, the necessurj tools and Implements of trade of any mechanic while carrying on hi- trade, ami all lawyers, physicians, and mln- of the gospel may -telecl -u ch hooks a- shall he neCCSSarj to t heir proles- ion in I he pli of oi her property a hove mentioned, and doctors of medicine in lieu of pro: ipt may select their medlclm s. Tin- right i- also given to the head of a family to - lect i- exempt in lieu of the prop- erty mentioned In the above firstfive subdivisions other property, real or personal or ding in value three hundred dollars. All court bouses, lalls, clerks' offices, and oiler public buildings and the -round whereon they stand, when owned by i he county or a municipal corporation therein, are .en i pi from execution; also ail burial grounds. No property is exempt from seizure and sale for taxes. Snr if defendant is a non res- ident or is about to abscond or leave this state; hut If he be a married man and he has . led or absented himself from in- place of abode, hi- wife may claim the exemp- tion. Nor i- any personal property in the hand- of the purchaser thereof, except an In noeent purchaser for value without notice, exempt against an execution upon a Ju< >0 square miles idd-d to it from Dakota. Area: In square miles, 143,776; in acres, 02,016,040. Greal length from east to west, 640 miles ; width, 275 miles. Valleys and bench lands cover an area of 47,000 square miles at a less altitude than 3,000 feet Mean average height above level of the sea, 3,000 feet Valuable timber forests of pines, spruces, iirs, etc. Counties. 17. Three-fifths of Territory estimated as suitable for agricultural pur- poses; nearly another fifth valuable for grazing purposes. Great water courses are the Clark's Fork of the Columbia, the Mis- souri with its chief tributaries, the Milk and the Yellowstone rivers: navigable within the Territory for 1,500 miles. The Missouri, its greatest commercial highway, traverses 1,000 miles of Montana soil, and is navigable lor 4.000 miles from the interior to Gulf of Mexico. Tlie scenery, mountains, hills, valleys, and lakes are grand and beautiful. The streams abound with fish, and the plains with buffalo, deer, antelope, elk, etc. Game birds abundant; the hunter's paradise. The Great Falls of the Missouri, one of nature's wonders, has a per- pendicular fall of 90 feet. Climate dry. healthy and invigorating. Miasma unknown. Hot or warm springs found in many parts: lakes numerous. Long and well earned reputation for cure or alleviation of lung diseases. Helena the capital and most Lmportanl city: population in 1880, 3,624. Butte City: population, 3,363. Virginia city: population, 624. Three United States district courts — held at Helena twice a year, and at Virginia city three times a year. I nated population in 1887, 130,000. Temperature: At Virginia city, in winter, 17° to 30° ; in summer, 55° to 65°. Rainfall increasing. AOBICI LTUBAL STATE No. of farms (in L880), L,519; total land in farms, 105,683 acres; unproved - in farms. 262,61 1 acres. : value in L880 of farms, $3,234;504. :ii products — crop of L886: Indian rum: Product, 22,000 bushels; area in crop, 890 acres; average yield per acre, 24.7 bushels ; value per bushel, 66 tal valuation, $14,300. Wheat: Product L,509,000 bushels; area in crop, 88,896 acres; average yield per acre, 17 bushels; weight per bushel, 58.3 pounds; value per bushel, 75 cents; total valuation, $1,131,750. Oats: Product, ''ui 1 bushels; area in crop, 56,774 acres; average yield per acre, 35 bushels; value per bushel, 55 cents ; total valuation, $1,092,850. Barley: Product, 72,000 bushel-: area in crop, 3,144 acres; average yield per acre, 22.9 bushels ; value per bushel, 46 cents ; total valuation, $33,120. MATTHEWS'S GUIDE. 71 Potatoes: Product, 451,000 bushels; area in crop, 4,253 acres; average yield per acre, 100 bushels ; value per bushel, 90 cents ; total valuation, $405,900. Hay : Product, 152,048 tons ; area in crop, 139,050 acres ; average yield per acre, 1.09 ton ; value per ton, $10.50; total valuation, $1,596,504. Total area in crop, 293,607 acres. Total value of crop, $4,274,424. Wages of farm labor per month by the year: Without board, $40; with board, $27.50. Day wages in harvest: Without board, $2.20 ; with board, $1.50. Day wages of ordinary farm labor: Without board, $1.70 ; with board, $1.20. Farm lands great in area and richly productive, Reported esti- mated yield of 1887 without irrigation : Oats at 80 bushels per acre ; wheat at 65 bushels per acre ; Indian corn at 40 bushels per acre ; potatoes at from 200 to 300 bushels per acre. Abundant crop of small fruits. Increased rainfall and new irrigating canals stimulate farming. Orchard products plentiful. Farm animals, January 1, 1888: Horses: Number, 187,344; average price, $50.96 ; value, $9,547,985. Mules : Number, 5,537 ; average price, $63.53 ; value, $351,746. Milch cows: Number, 31,132 ; average price, $28.40 ; value, $884,149. Oxen and other cattle : Number, 934,500 : average price, $19.21 ; value, $17,948,007. Hogs : Number, 22,289 ; average price, $6.77 ; value, $150,898. Sheep: Number, 1,265,000; average price, $2.10; value, $2,658,398. Improvement in character of sheep. High and dry ranges of the northwest the natural home of the sheep. Estimated value of wool clip of 1887 over $1,000,000. Quality and quantity of wool have greatly improved ; now ranks next to highest class of wool raised in the United States. Profits on wool growing estimated at from 25 to 35 per cent, on capital invested. Stock raising important and most prosperous. Stock of high order. Reported estimates for 1887 gives: Cattle, 1,400,000; horses, 190,000: sheep, 2,000,000. Climate, soil, and grass peculiarly adapted to the raising of fine horses. Cattle raising comparatively free of expense ; profits great. Rich grasses grow in luxuriance in the valleys. Cattle graze on the ranges throughout the entire year. Manufactures (1880) : No. of establishments, 196 ; capital, $S99,390 ; average number hands em- ployed, 578 ; value of materials, $1,006,442. Value of products : Flouring and grist mill, $475,467 ; lumber, sawed, $527,- 695 ; all other industries, $832,705. Total value in 1880 of products of manufactures, $1,835,S67. Three great railroad trunk lines stretch out and over this entire territory, affording all necessary transportation. Branch roads pene- trate into the important mining sections. Trade and commerce during 1887 amounted to $49,000,000. Mining a leading industry. Its progress rapid and constant : Gold and silver, copper, lead, etc., successfully mined Good bituminous coal and lignite in nearly every county. Lumber and flour mills and smelting works. HEWS a GUIDE. Education: Schools, public and private, excellent, supported by liberal provisi< S ibstantial, commodious, and even eleganl Bchool buildings in its cities and towns. Assessed valuation of taxable property for 1887, 869,600,000. ial and territorial elections Tuesday after first Monday in November; senators, 12— representatives, 24 ; biennial sessions of ature in odd-numbered years, meeting second Monday in Jan- : limit of session, 60 days; terms of senators and members, 2 I. gal interest rate, 10 p< r c< at. ; any rate by contract. roBi u. Laws in relation to Deeds, Dower, Debcbni and Distribi mom of NEBTY, M \ i : '. : 1 1 D WOKEN, Mi' HANK S' LlENS, MoRTG LGES, AND Wll.I.-. inn- \.-kn-..\vi.i re— Every conveyance In writing of or affecting real propertvmust be acknowledged or proved and certified aa i hereafter stated. The proof or acknowledgment may be made within the Territory, before the secretary oi the Ter- ritory some Judge or clerk of a court bavliig a seal^ notary pbllcypr lusticeolthei the county clerk and ez-offlcto county recorder; without the Territory, but within the TTnited States bvsome ludge or clerk of any court ol thel nited States or any State or tizance ot his official character. Tai Not in use in this Territory. ,,..-,. , f)Esi i \r ind Distribution of Property.— The law of descent and distribution of inder Hie Probate Practice Act of 1877, Is identical with that of irE&— The law of dower Is virtually repealed by the Probate Act, which giy< surviving husband or wife one-half In fee if there are no children; if there are children, then one-third in fee. (Probate Practice Act,18770 In the Probate Practice Act, February 16, 1877, J650, it is provided that upon the death of the wife the entire community property belongs to husband without admmistratlon, , iceol Buch portion as has been setapart byjudicial decree for her support, llns she eof bv will, ami it goes to her heirs exclusive of her husband. .,1 of same act pro\ ides, thai upon the death ol the husband one-halt ol the inlty property goes to the surviving wife and the other half is subject to the hna- disposition. See Married Women. F X \,e asfollows: All clothing oi the debtor and Camily, and el tables desks andl ks, to the value or one hundred dollars: also all ai cessary b< with their calves two swine, and fifty domestic fowl. In addition to the above, tl exempt to a former his forming utensils not exceeding six hundred dollars In valui oxen or one horse or mule, and their harness, two cows, one cart or wagon, an for such stock for three monthB ; two hundred dollars' worth i tables actually provided for the purpose of sowing or planting, rhe proper tools. In- struments, or" books of any mechanic, physician, dentist, l iwyer, or clergyman «*■ m • F ... .i... <:..._ 1......1 1 1 . . 1 1 . . i>. ■ .mil >il ii.' ti.uk: an. macl doll mon ir ui the mine, one norsc. muie, or wo oxen, veuicio ami. uai ucso, uj the debtor habitually earns his living, and one borsewlth yehicleand harness, of phy- 1 Hergyman, used In making professional visits, with i I for such stock tor Ml arm-, uniforms, etc, required by law to be kept by any person. All rty generally held by the county or town for the benefit ol the county or the pub- Instavendor's lien oramortgage. The wages ofa debtor earned at any time within thirl I pr ling the levy, provided that they are nec< for the use of his family residing in the Territory, supported wholly or In partbyhia labor. Nonebul ntscanclaim the benefits of this law. \ I,,,,, ., value twenty-live hundred dollar-: n agricultural land, .,,,„. i, ,,,,., ^.ct of 1879. [f within the limit town plat cltv or village, not to exceed one-fourth of an acre, rhe debtor has his op- tion of the two and may select either, with all Improvements thereon, which are m- derk, mechanic, laborer, <>r servant MATTHEWS's GUIDE. 73 Mahkikd Women.— The property of a married woman, owned before marriage, and any acquired after marriage by gift, grant, devise, descent, <>r otherwise, and the use, Increase, and profits thereof, is exempt from debts or liabilities of husband excopl for necessaries for the benefit of herself and children under eighteen years of age, Bui such property so claimed must set forth in a list to be recorded with the register of deeds in the county where she resides. Females become of age at eighteen. By act of February 4, 1874, a married woman may become a sole trader by making, acknowledging, and recording with county recorder of deeds her Intention so to do, and setting forth the nature of the business that she intends to transact. If the amount by her invested in business exceeds ten thousand dollars the declaration must contain a statement under oath that the surplus above ten thousand dollars did not rome from any funds belonging to her husband. Such married woman is responsible for the main- tenance of her children. The husband is not liable for any debts contracted in the course of business done by his wife, except by special consent in writing. By the act of March 3, 1887, a married woman has the same legal existence and per- sonality after marriage as before, and may sue in her own name for injuries to her repu- tation, person, or property. By the act of March 7, 1887, contracts made by a married woman in respect to her separate property, labor, or services are not binding on her hus- band. She may make contracts, oral or written, and may waive or dispose of any inter- est in real essate, either in person or by attorney. Mechanics' Liens. — Mechanics, laborers, and others who contribute to the construc- tion, repairing, or improving of any kind of property have a lien thereon. Original con- tractor within ninety days of date of last item, sub-contractor within thirty days, must file in the county recorder's office his account, with description of property on which lien is claimed. Suit must be commenced by contractors within one year after filing, by sub-contractors within ninety days. Mortgages.— Mortgages on real estate must be executed and recorded like deeds. The foreclosure of a mortgage is a civil action provided for in Code of Civil Procedure, 1877, p. 135. The mortgagor has six months in which to redeem after sale. Satisfaction may be made by entry in margin of record or by separate instrument duly executed. Failure to enter satisfaction for one week after request subjects the delinquent to forfeit- ure of one hundred dollars to mortgagee besides other damages. Wills. — Every person over the age of eighteen years and of sound mind may dispose of his real and personal estate, and all his right and interest therein, by last will and testament in writing. The will must be signed at the end thereof by the testator, or by some person in his presence and by his express direction, and attested and subscribed in his presence by two or more competent witnesses. A married woman may by will dispose of any property, real or personal, held by her, or to which she is entitled in her own right. Descent of real and personal property is provided for in the Probate Prac- tice Act, and is in all respects the same as in California, which see. NEBRASKA: An Indian word signifying "Water Valley" — "Shallow river." Part of the so-called " Louisiana Purchase " ceded to the United States in 1803 by France. As early as December 17, 1844, Hon. Stephen A. Douglas of Illlinois, introduced into the House of representatives a bill "to establish the Territory of Nebraska." It failed to become a law. Organized by the act of May 30, 1854, as a Territory. The bill, January 16, 1867, providing for the admission of Nebraska on the condition that the word "white" be struck out of its constitution wherever it occurred therein, and which was vetoed by President Andrew Johnson, became a law February 9, 1867, by its passage over the President's veto, and under its provision Nebraska was admitted as a State, by proclamation of the President March 1, 1867. Area : In square miles, 73,558; in acres, 47,077,359. Platte river its principal watercourse, running through the State east and west. Counties, 79. Temperature: At Omaha, in winter, 20° to 34°; in summer, 72° to 78°. Rainfall at Fort Kearney, 25 inches. Lincoln the capital and thriving city : population (1885), 20,005. Omaha the metropolis and commercial center: also a port of de- 74 MATTHEWS '.TIDE. livery: population, 61,835. Plattemouthr: population, 5,796. Ne- braska City: population, 5,597. Population of Stat.-. 452,402. Agricultural State of forms (1880), 63,387; total land in forms, 9,944326 acres; improved land in farms, 5,504,702 acres ; value of farms, $105,932,541. Lands cheap and fertile. Farm products— crop of 1886: T»- value *:;i :ni,'.)0S.* Mules: Number, 41,165 ; average price, $90.40 ; value, $3 721 363 Milch com: Number, 357,202 ; average price, $25.50; value, $9,108,- 651 / other cattle: Number, 1,079,646; average price, $21.08 ; value, $"•> 763 690. Hogs: Number, 2,334,525 ; average price, $5.72 ; value, $13,341,813. ,.• Number, 122.112; average price, $2.02 ; value, $852,456. Wool clip (1880), L,282,656 pounds. Dairy products: Milk, 025,783 gallons; butter, 9,725,198 pounds; cheese, 230,- 819 pounds. Stock raising, next to farming, the great industry of the State. Fine grazing region in western part of State. Excellent herd law. M ruvACTUBSB (1880): No of establishments, 1,403. Capital invested, $4,881,150. Avera-e num- ber of hands employed, 4,793. Total wages paid per annum, $1,742,311. Value ° Value of products : Flouring and <:rist mill, $4,193,086 ; slaughtering and meat nackinc $135931)7; saddlery aud harness. $477,864 ; printing and publishing, $4P.) 161- malt liquors, $393 ,870; brick and tile, $349,478 ; paint, $350,000 ; lum- ,5,(n;2: tinware, copperware, and sheet ironware, $320,680; al other industries. $4,498,9 • ^■ Mfrooa Total value Of manufactunng products, $12,627,886. Advance in manufactures remarkable. Number of establishments in 1870,670; in L880, 1,408. Capital in 1870, in L880, $4^81,150. MATTHEWS'S GUIDE. 75 Coal, bituminous : Product, 200 tons ; value, $750. Railroads, June 30, 1887 : Mileage, 3,333.82 ; total track, 3,804.85 miles ; locomo- tives, 401 ; total revenue cars, ( .),108. Presidential, congressional, and State elections Tuesday after first Monday in November; senators, 33 — representatives, 100 ; sessions of legislature biennial in odd-numbered years, meeting first Tuesday in January ; limit of session, 40 days ; terms of senators and repre- sentatives, 2 years. Assessed valuation in 1880 of real estate and personal property, $90,585,782. Electoral college, 5. Colleges, 9 ; State university at Lincoln. Scbool age, 5-21 ; school population, 135,511. Legal interest rate, 7 per cent. ; by contract, 10 per cent. ; usury forfeits interest and cost. State Laws in Relation to Deeds, Dower, Descent and Distribution of Propekty, Married Women, Mechanics' Liens, Mortgages, and Wills. Deeds.— Deeds of real estate must be signed by the grantor in the presence of at least one competent witness, who should subscribe his name as a witness thereto, and they must be acknowledged and approved. No seal is required. The term heirs, or other technical words of inheritance, are not necessary to create or convey an estate in fee simple. A married woman should waive her right of dower, and in case of a home- stead it can only be incumbered and conveyed by an instrument signed jointly by the husband and wife. They do not take effect until recorded as to creditors and subsequent purchasers for value and without notice. The record is made in the office of the county clerk of the county in which the land is situated. Trust Deeds— Are not void, or, if used, are construed as mortgages. Descent.— Lands descend in equal shares to children and lawful issue of deceased child; if no children, to all other lineal descendants, who, if of same degree of kindred, take equally, otherwise by right of representation; if no issue, to widow for life, then to father; if no issue nor widow, nor father, in equal shares to brothers and sisters and to children of deceased brothers and sisters by right of representation ; provided that the mother, if any, shall take equally with brothers and sisters; if no issue, widow, lather, brother, or sister, to mother, to exclusion of issue of deceased brother or sister; if no kindred above mentioned, to next of kin in equal degrees ; except of collateral kindred, those claiming through nearest ancestor are preferred; provided that if intestate is an unmarried infant, his estate inherited from deceased parent shall descend in equal shares to other children of same parent, and by right of representation to issue of such other children decased ; but if all such children are dead, and their issue aforesaid be oi the same degree of kindred, they shall take equally; if widow and no kindred, to such widow; if no widow nor kindred, escheats to the people of the State. Illegitimate chil- dren are heir of mother and also of man who, in writing, etc., acknowledges himself to be the father. Estates of deceased illegitimate children descend to mothers Degrees of kindred computed according to rules of civil law, and kindred of half blood inherit equally with those of whole blood, unless the inheritance came to intestate from ances- tor of different blood. Child's inheritance is reduced by advancement in lifetime ol in- testate, and all gifts are presumed advancements prima facie. Posthumous children are considered as living at death of parent. (C. S., p. 215; g 30; p. 216, § I 31, 32, 34: p. 217, § 41.) Where a married woman, seized in her own right of any estate of inheritance in lands, dies, leaving no issue, the lands descend to her surviving husband during his natural life as tenant by curtesy, and after his death to her father. If she have no father,, her estate descends to her mother. If she have no father nor mother, it descends in equal shares to her brothers and sisters and to the children of any deceased brother or sister, by right of representation. But if she have issue by any former husband, to whom the estate might descend, such issue shall take so much of the same as has not come to- ller as a gift from her surviving husband, discharged from his right as tenant by cur- tesy. And if she shall have issue by her surviving husband alone, or by her former hus- band and also by her surviving husband, then the surviving husband on her death holds as tenant by curtesy only one-third interest in the inheritance of his own issue by his deceased wife. (C. S. ch, 23, §29, as amended by Laws of 1887.) Distribution.— After paving debts, etc., of deceased, the residue or personal prop- erty of intestate shall be distributed in the same proportions to the same persons unit 101 the same purposes as are prescribed for descent of real estate, except that the widow , n any, takes equally with a child. (C. S. p.232, §176.) Dower. — The widow of her natural life of one-thir estate of inheritance at any thereof. (C. S. p. 212, 1 1.) 76 MATTHEWBS GUIDE. tempt from Judicial -;ii<- to every family, whether owned by the husband or wife a homestead, aol exceeding In value two thousand dollars, consisting of dwelling-house In which claimant resides, and Its appurtenances, and land on which s situated not exceeding one hundred and sixty acres, or If within any incorpo- ■ contiguous land nol exceeding two lots. (t '. B., p. 306.) btor has no lands, there Is exempt from execution five hundred dollars sonal property. If title to homestead Is In wife il Is exempt, and In such case the ..i the family is not entitled to exemption of five hundred dollars in personalty. . r is he, If his title Is simply a contract of sal D.) The clothing of the family, family supplies for six months, supplies for domestic animals for three months, furniture, family bible and picture-, booxs, cooking utensils, certain don animals, tools, Implements of trade, el empt; also sixty days' wages to any laboring man, clerk, etc, who Is the head of a family; provided that there Is no exemp- tion from attachment or execution for wages due t ■ > any clerk, laborer, or mechanic, or lor money due and owing by any attorney at law for money or other valuabli is at ion received by such attorney for any person or persons. C. 8., p. 509, \ 521 : p. g Exempt property is not susceptible ol fraudulent alienation. All pen-ion money of United state- soldiers and sailors, and property purchased and Impi ■..■nipt. I laws, lss7. p. 656.) \ iu' w homestead law. repealing the old one, was passed in 1879, to take effect Sep- tember 1, is::', in a ne. ii in exempt, similar to the Act of is;;. (Laws 1879, pp. 57-61, gl. "The phrase, ' head ofa family.' as used in this chapter, includes within its mean l. The husband, when the claimant i- a married person. 2. Every person who has resid- ing on the premi-es with him or her. ami under his care and maintenance, either: 1. Bis or her minor child, or the minor child of hi- or her deceased wife or husband 2. \ minor brother or sister, or the minor child of a deceased brother or sister. 8. A father, mo' her. -rand tat her. or grandmother. 1. The tat her or mother, grandfather or ■-'rand- mother of a deceased husband or wife. 5. An unmarried sister, or any other of the rel- atives mentioned in this section who have attained the age of majority and are unable to take care of or support themselves." C. S., p. 297, \ 15. \ conveyance or Incumbrance of homestead by the owner i- ol no validity ui tin- husband and wife, if the owner i- married, concur in and sign tin- same joint In- Btrum ... . , ... .. .. The homestead is subject to execution on forced sale in satisfaction of Judgment ob- tained : l. « m debts secured by mechanics', laborers', or vendors 1 Inns upon the prem- j. i hi debt- secured by mortgage upon t he premises, executed and acknowli ■ ii husb nid and wife, or an unmarried claimant, i !.S. p. 296, Homestead descends discharged from debts. (CS.p 297,§17.) Marbied Women.— The property, real or personal, owned by a married woman at the tine- of marriage, tie- rents, issues, profits, and proceeds thereof, and any property which comes to her, except onlybygiftof her husband remains her sole and separate property i to the disposal of her husband, nor liable for his debts. - may convey her real estate and contract with reference thereto, m the same manner and with like effect as a married man, and may sue and be sued as If uniiia ibor or carry on business on her separate account. Her earnings are hi :iv. if married out of the state, -he may here enjoy all rights a- to property acquired. Husband i- not liable for debts contracted by wile before mat 1-7. amended by haws of )->:. p. i;-. mi icd woman i - not liable to a personal judgmenl on her Qote or other contract - -a i ue was mad.- with reference to her separate property. (C. S. p. 843.) V married woman may dispose Of her own property by will, and may alter or n tie- same in like manner that a person under no disability may do, and su tto restrictions, i '. 8. p. 226.) Mechanics' Liens —All persons performing any labor or furnishing any mat* or machinery for erect ing, repairing, or removing any building or appurtenance by < ir- tue of a contract with the owner or his agent, have a lien to secure payment for the on the hui Id iir_' or appurtenance and lot on which it stands. The claimant must make an account In writing, under oath, and within four months from the time of doin trnishing the materials, must file the same in the office of the clerk of the county where the worfc was done, and t he hen continues for two yens from date of first Mortgages. -All the statements under title of Deeds apply equally to mortgagi \ wife cannot claim dower a- against a lien or a mortgage for pur mom ' her. (C.8., p. 212, J 4-) Every deed, though abso my other instrument In writing to be intended asn security in the nature ofa Is considered a mortgage, and qo advantage can be derived from the i thereof by the person for whose oeneflt it Is made, except the defeasance or explai Instrument be also recorded Mortgages maj be discharged by the mortgagee, his asslg- onal representative, byentryon the margin of the r d, signed bj such on in the presence of and attested by the clerk or his deputy ; or by such ent rj and Blgned by the clerk, on representation to him ofa certificate that such m /iied by the mortgagee, and acknowledged or proved as in case ol d< eds. The only ion closure is by Bale on decree of court, ii •. s., p. 626, title " Foreclosure.") on homestead is good when executed by husband and wife. (C. S., p. 296.) .. - and add to hi- dehl. I '. S . p, 626.) WTt.t.s in writing -bail beslgm d by the testator, or by some person in hi- pre - and by hi- express direct ion. and attested and subscribed in hi- presence by two o e. , mo. tint wi, ill Will- shall be record) d in the office of tie county clerk of the countj where land lies. 231. Married women can make wills same as Other per-oii-. ' '. B. t I MATTHEWS S GUIDE NEVADA: 77 Nevado, a word of Spanish origin signifying " Wlifa with Snow or " Snow Clad.''' Also called the " Sage Hex State" Composed of terri- tory included in the grant, in 1848, to the United States, by Mexico, under the treaty of Guadalupe Hidalgo. Originally a part of it was included in Utah ; as also a part in California known as k ' the Washoe country." Organized as a Territory by the act of March 2, 1861. Territorial limits enlarged by act of July 14, 18G2. Framed a con- stitution and State government under the enabling acts of March 21, 1864, and May 21, 1864, and admitted as a State by proclamation of President October 31, 1864. Area: In square miles, 112,090; in acres, 71,787,600. Counties, 14. Carson City the capital, in which a branch mint has been estab- lished: population in 1880, 4,229. Virginia City the metropolis and principal commercial center, famous for its silver mines : population, 10,917. Temperature : At Winnemucca, in summer, 66° to 73° ; in winter, 30° to 38°. Rainfall light, occurring principally in the spring. Climate in winter mild with little snow, except on the mountains, but some times in the north the thermometer falls as low as 15° below zero. Weather more moderate in south and east, where frosts are rare. Air invigorating and healthy. Surface an elevated table land, with an average altitude of 4,500 feet above the sea, broken by parallel ranges of mountains running north and south and attaining a height from 1,000 to 8,000 feet. Mud lakes and warm springs noticeable among its natural features. Mud lakes, some of them covering an area of 100 square miles, com- posed of thick alkaline deposits in dry season, and muddy water dur- ing rains. Springs contain sulphur or other mineral ingredients, and possess medicinal qualities: temperature varies from 100° F. to boil- ing heat. Population in 1880 of State. 62,666. Agricultural Statistk s : No. of farms in 1880, 1,404 : total land in farms, -330,8(32 acres ; improved land in farms, 344,423 acres. Value of farms in 1880, $5,408,325. nnnnn , , , Farm products— crop of 188G: Indian corn: Product, 22,000 bushels; pounds ; value per bushel, 75 cents; total valuation, $o4,000. Oafs: 1 roduct, 250,000 bushels ; area in crop, 7,858 acres ; average yield per acre, 31.8 bushels; value per bushel, 50 cents; total valuation, $125,000. Barley: Product, oOo.ilOO bushels ; area in crop, 24,497 acres ; average yield per acre, 20.4 bushels : value per bushel, 08 cents ; total valuation, $340,000. . Potatoes: Product, 355,000 bushels ; area in crop, 4,733 acres ; average yi.-ld per acre, 75 bushels ; value per bushel, 65 cents ; total valuation, $230,750. Hay: Product, 160,650 tons ; area in crop, 148,500 acres; average yield per acre, 1.08 ton ; value per ton, $7.40 ; total valuation, $1,188,810. 7v kaxthewb's guide. Dotal acreage in above crop, $192,013. rotal valuation of crop, $1,955,280. Wages of farm labor per month by the year: without board, $oS; with board $27. Day wagee in harvest: Without board, $1.80; with board, $1.37. a iges of ordinary farmlabor: Without board, $1.65; with board, $1.25. a animals (January L, 1888): Horses: Number, 45,547; average price, ,. valu.\ • Mules: Number, 2,154 ; average price, $75.49 ; value, : Number, 18,037; average price, $35; value, $631,295. : Number, 323,400; average price, $18; value, $5,819,648. ,21,087; average price, $5.30; value, $111,846. ,.• Numbi : average price, $1.91 ; value, $1,259,660. 55,012 pounds. - Dairy products: Milk, 149,889 gallons; butter, 335,188 pounds; cheese, 1 i ,- 4i"' pounds. Manotactdbeb (1SS4) : Number of establishments, 184; capital, $1,323,300; average number of hands employed, 577 ; total number of hands employed, 577; total annual wages paid, value of materials, $1,049,794. ducts: Flouring and grist mill, $405,089; foundry and machine aho >; all other industries, $1,453,582. Total valuation in 1880 of products of manufactures, $2,179,626. Mini: Statistics (1S80): p ■... , Metals: Gold: Product, 236,468 ounces; value, $4^88,242. silver: Product, 9,614,561.3 ounces; value, $12,430,667. Total value of precious metal product, $17318,9 Value of average product of gold and silver: Per capita: gold, $75.51; sil- irer,$199.63; total, $278.14. Permile: gold,$44.16; silver, 112.29 ; total, $156.45. 734,730 pounds; minor minerals, 50 tons. Rich in copper and lead; zinc, platinum, nickel, and tin have also been discovered. Borax in large deposits in Esmeralda and Churchill counties. Ample railroad transportation. Presidential, Lgressional, and State elections Tuesday after first Monday in November; biennial sessions of legislature in odd runn- el years, meeting first Monday in January ; sessions limited to 60 days; senators, 20 — representatives, 40; terms of senators. 4 years — of representatives', 2 y< are. Electoral college, 3. Colleges, 1; school age, &-18; school population, 10,483. Legal interest rate, 7 per cent.; by contract, any rate. Static Laws is Rblatioh ro Deeds, Dowi k, Dbsi i.m \m» Distrtbi tiom of Prop- bbty, Mabbied Womsn, Mechanics' Liens, Mortgages, and Wills. Df.ii,-- Every conveyance in writing affecting real estate within this State shall be ftC j £1 or proved, and certified asfollowB: The proof or acknowledgment shall tjl . ,,, , W8 : if within tins State, before some Judge or clerk of a court having a ue notary public or Justi< ' the peace If without the State, but within the a ludg ■ clerk of a court bavins a seal, or some notary public or e of the peace, or by any commissi ir appointed by the governor of this state for thai purpose: when taken before a Justice of the peace, it shall be accompanied by the ficateol the clerk of a court of record ol the county having a seal, Bhowlng tbuoffl- cial character of the Justice and the genuineness of his signature. If taken without the • shall be before some |udgeor clerk ol a court of a state, kingdom, or empire having a seal, or a notary public therein, or by a minister, commissioner, or con- sul of the 1 to reside therein. A scroll answers tor a seaL . certificate of any kind Is required to t he certificate or signature of a notary publlo iken. MATTHEWS'S GUIDE. 79 The examinationof the wife, where it is necessary that she Join in the deed, must be taken separate and apart from her husband, and her execution of the deed must be ac- knowledged, and cannot be proved. The husband has the absolute control, with full power of disposition of the community property. The like power exists in the wife as to her separate property. If the grantor is unknown his identity must be proven to the officer by the oath of a credible and competent witness. Witnesses are not requ ired except where the signature of the contracting party is mado by " mark." where one witness will suffice. Trust Deeds— Of real property to secure the payment of money are not authorized by statute. There is no redemption from a sale of property authorized under a trust deed. Dower.— There is no la w of dower nor tenancy by curtesy in this State. Descent and Distribution.— Subject to payment of debts, and when not otherwise limited by marriage contract, the estate of an intestate descends, and is distributed as follows : 1st. Surviving husband or wife, and one child, or issue of child, equally. 2d. Surviving husband or wife, and more than one child, or one child and issue of deceased child or children, one-third to surviving husband or wife and remainder equally to children and issue of deceased children by right of representation. 3d. If intestate leaves no issue, the estate shall go in equal shares to surviving husband or wife and in- testate's father. If he or she leaves no issue, nor husband or wife, it shall go to his or her father. 4th. If there be no issue, nor surviving husband, wife, or father, the estate shall go equally to surviving brothers and sisters (and the issue of deceased brothers or sisters by right of representation) ; provided, if there be a surviving mother she shall share equally with the brothers and sisters. 5th. If intestate leaves no issue, nor hus- band, nor wife, nor father, nor brothers or sisters, living at the time of death, whole es- tate shall go to surviving mother to exclusion of issue of any deceased brother or sister. 6th. If intestate leaves a surviving husband or wife and no issue, and no father, mother* brother, or sister, the whole estate shall go to surviving husband :or wife. 7th. If intes- tate leaves no issue, nor husband or wife, nor father, mother, brother, or sister, the •estate shall go to next of kin in equal degree; but when two or more collateral kindred in equal degree claim through different ancestors, those claiming through the nearest ancestors shall be preferred. 8th. Where a person dies leaving several children, or one child and the issue of one or more children, and any such surviving child shall die under age and not having married, all the estate coming to such subsequently deceased child by inheritance from the estate shall descend equally to the other children by the de- ceased parent, and the issue of children of such parent by right of represen tit ion, equ i lly. 9th. If at the death of such subsequently deceased child, dying under age and not hav- ing been married, all the other children of his said parent shall be dead, and any of them shall have left issue, the estate that came to such child by inheritance from said oarent shall descend to all the issue of other children of the same parent equally when in the same degree, otherwise by right of representation. 10th. When the intestate leaves neither husband, wife, nor kindred, the estate escheats. Upon the death of the wife the entire community property belongs, without adminis- tration, to the surviving husband, except when the deceased wife has been abandoned by the husband without cause, in which case one-half, subject to debts, is subject to her testamentary disposition, and in absence of such disposition goes to her descendants by right of representation. Upon the death of the husband one-half of the community property goes to the surviving wife, and the other half is subject to the testamentary dis- position of the husband, and in the absence of such disposition goes to his surviving children equally, and in the absence of both of such disposition and surviving children the entire community property belongs without administration to the surviving wife, ■except as hereinafter provided, subject, however, to all debts contracted by the husband during his life, that were not barred by the statute of limitation at the time of his death. The homestead set apart by the husband and wife before his death, and such other prop- erty as mav be exempt by law from execution or foreed sale, shall be set apart for the use of the widow and minor heirs. In case the wife shall have separated from, and lived apart from, the husband without such cause as would entitle her to a divorce, she shall not be entitled to receive any portion of the community property. Upon the dissolution of the community by the death of the husband the entire community property is equally subject to his debts, the familv allowance, and the charges of administration. If the sur- viving wife pays all indebtedness legally due from said estate, or secures the payment of the same to the satisfaction of the creditors of the said estate, then in such case the community property shall not be subject to administration. (Act defining the rights of husband and wife. Laws, 1873, p. 193, as amended March 2, 1881.) Exemptions.— The following property is exempt from execution except upon a judg- ment for the purchase monev or upon a mortgage thereon : chairs, tables, desks, and books to the value of one hundred dollars: necessary household and kitchen furniture, wearing apparel, etc., and provisions and firewood actually provided sufficient for one month, farming utensils, or implements of husbandry, and seed provided for planting within the ensuing six months, not exceeding in value two hundred dollars; two horses, two oxen, or two mules, and two cows, and food for one month for such animals, and one cart or wagon ; the tools of a mechanic necessary to his trade; the instruments and li- braries of a surgeon, physician, surveyor, or dentist; the professional library of an at- torney and counselor, or minister of the gospel ; the dwelling of a miner not exceeding in value five hundred dollars, also his tools and appliances necessary to carry on his mining operations, not exceeding in value five hundred dollars; and two horses, two oxen, or two mules, their harness, and food for one month lor such animals, when they are necessary in his mining operations; two oxen, two horses, or two mules, and their harness and one cart or wagon, by the use of which a teamster or laborer habitually SO HATTHEWS'S M'lDE. earn-; his living ; one horse, harness, and vehicle of o physician or surgeon, or minlstei spel and rood for kucIi animal for one month. For every livery stable u< ( two horses or mules, with vehicle and harness, pro\ Ided the whole shall nol exceed In value Ave hundred dollars; one sewing machine In actual use in the debtor - Dually, nol ling in value one hundred and fifty dollars; all fire engines and property of fire ■ in.-- all arm-, etc, required by Uiw to be kept by any person: ail public property •unties, towns, etc.; a homestead Uj Deselected by the husband or wife, or other head <<( a family, nol exceeding in value live thousand dollars. ^ homestead duly recorded cannot be alienated except by the consent ol both hus- band and wii<- (when that relation exists), which consent must he in \\ rltlng ami duly acknowledged and recorded The join) deed or conveyance has same effect M \i:i:m n Women. — All property of the wife owned by her before marriage, and thai acquired afterward by gift, Deques t, devise, or descent, shall be her separate property. \ll property acquired alter marriage by either husband or wife, except Buch as may be acquired by gift. de\ ise, or descent, shall be common property. The husband has abso lute control of the common property during the existence of the marriage, and may dispose "t' it us his own separate estate. The wife may, without consent ol her husband, convey change, incumber, or otherwise In any manner dispose of her separate property. I woman becomes of age at eighteen. The wife muBt support the husband out of her separate property whenne has no separate property and they have no community prop- erty, and he from Infirmity Is not able or competent to support himself. Dpon the death of the husband, the entire community property, after paying the debts, Camily allowance, and expenses of administration, shall go to the surviving After marriage the separate property of the wife shall continue liable for her debt* icted before marriage. (Laws, 18(h 1865.) A. married woman may make contracts in her own name, buy goods, give notes In settlement of purchases, binding her own sep- arate property, real and personal, she may transact business as a/eme sole, after she is declared a sole trader by order of the court. Mechanics' Liens.— Every person performing labor upon, or furnishing materials of the value of live dollars t<> he used in istructing, altering, or repairing any build- ing, railroad, tramway, toll-road, canal, water ditch, fence, or any other structure, or who performs labor on any mining claim, to the amount of Ave dollars, has a lien ou tii^ >ame for his work, lahor, or materials, if done at the Instance of the owner or his agenl The land upled bythe building, structure, or Improvement is subject to the [fen. i Iriginal contractors within sixty days, and all other persons within thirty days, after the completion of the building, Improvement, or structure or alteration of the same, must file in the record office for the county where the land Is, a statement ofthede- mand, the owner's name, and description of the property, suit must be begun within six mom lis after filing the claim. Mortgages.— A mortgage of real property, whatever its terms, shall nol be deemed a Conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale (Stat. 1869.) But one form of act Ion for the re covcrv of any debt or enforcement of any rlghl Becured by lien <>r mortgage upon prop real or personal, which Is by action for foreclosure. Discharge may be made either upon the margin of the record of the mortgage or by satisfaction piece duly aoknowl- I and recorded. Before any satisfaction or discharge of a mortgage can be made the law exacts an oath by the mortgagee, or agenl ol the mortgagee, to be made before tie- recorder having custody of the record of the mortgage, that allstate and county taxes -••d and levied upon the moneys or debl secured by the mortgage have been paid. Wi tea. — Every person of sound mind, over eighteen years of age, may dispose of his or her property by will, subject to the payment of debts. a married woman may dispose of her separate estate absolutely, without consenl ol husband, by will executed as required of other \\ ills; and, with consenl of her husband, Llsposeofher Interest in common property— consenl of husband to be in writing annexed to will. No will (except nuncupative wills) shall be valid unless it be In writing, signed and sealed by the testator, or by bis direction, and attested by two witnesses In ins presence. Anv child oi a testator unpro^ Ided for In his will shall share In tl state as though no wiil had heen e\.-eiited. unless It appear from the will thai H mission was inten- tional. Wills are required to he recorded In the court in which they are admitted to NEW MEXICO: The Aztecs were the earliest inhabitants of Mexico, the place of i/- Wi, the Aztec god of war. Colonized in 1582 by the Spaniards, ;m.i ceded in 18 18 to the United States by Mexico by treaty of Guada- lupe Hidalgo. Organized as a Territory by the act September 9, Area: In square miles, 121,201 ; in acres, 77,568,640. < lounties, 1 I MATTHEWS 's GUIDE. 81 Santa Fe, the capital, is after San Agustine, Fla., the oldest town in the United States. Altitudes from a,000 to 8,000 feet. Temperature: At Santa Fein winter, 27° to 37° ; in summer, G6° to 76°. Rainfall at Fort Marcy, 17 inches. Population in 1887 estimated at 175,000. Cattle industry exten- sive and important. Mountainous portions of land estimated at 30,000,000 acres; the river valleys at 8,000,000 acres ; and the mesas at 40,000,000. Very large proportion of land (40,000,000 acres) food agricultural land, averaging in production well with lands of the States East and West. Valleys and hill slopes at altitudes of from 3,000 and 8,000 feet. Some millions of acres in vicinity of mining camps susceptible of successful cultivation of all small grains, vegetables and the hardier fruits. Corn ripens at almost any altitude. Marked progress in farm industry, but the full development of its surprising possibilities dependent on estab- lishment of an extensive system of irrigation. Area of irrigated lands annually increasing. Land cheap. Climate mild, salubrious, and healthful; unsurpassed in genial equability. Large areas of land in 1887 brought for the first time under culti- vation. Yield good, including in the productions figs, almonds, pome- granates, English walnuts, etc.; all varieties of products common to the temperate zone. The Black Hamburg, the Muscat, the Musca- telle, the flaming Tokay, and many other valuable varieties of grapes, including excellent wine and raisin grapes, produced in astonishing size and profusion and of rare excellence. Manufacture of wine and raisins and the preparation of canned fruit destined to be staple and profitable industries. Agricultural Statistics : No. of farms (1880), 5,053; total Land in farms, 631,131 acres; improved land in farms, 237,392 acres. Total value in 1880 of farms, $5,514,399. Farm products— crop of 188(5: Indian cum: Product, 973,000 bushels; area in crop, 48,025 acres ; average yield per acre, 20 bushels ; value per bushel, 70 cents ; total valuation, $681,100. Wheat : Product, 921,000 bushels ; area m crop, 80,566 acres; average yield per acre, 11.4 bushels; weight per bushel, oft pounds ; value per bushel, 70 cents ; total valuation, $644,700. Oats : Product, 528,000 bushels ; area in crop, 15,087 acres ; average yield per acre, 35 bushels ; value per bushel, 48 cents; total valuation, $253,440. Barley: Product, 63,000 bushels ; area in crop, 3,303 acres ; average yield per acre, 19.1 bushels ; value per bushel, 85 cents ; total valuation, $53,550. Potatoes: Product, 101,000 bushels; area in crop, 1,050 acres: average yield per acre, 96 bushels ; value per bushel, $1.10 ; total valuation, $111,100. Hay : Product, 24,570 tons ; area in crop, 27,300 acres ; average yield per acre, .90 ton ; value per ton, $14.50; total valuation, $356,256. Total area in crop, 175,931 acres. Total valuation of crop, $2,100,155. Wages of farm labor per month by the year: Without board, $28.75 ; with board^ $18.25. Day wages in harvest: Without board, $1.31; with board, SI. Day wages of ordinary farm labor: Without board, $1.35 ; with board, $1. ^2 MATTHEWS'a GUIDE. I >airv products (1880) : Milk, 10,036 gallons; batter, 44,827 pounds; ch- 10,501 pounds. I'r.idu.-t (1SSID. mmi pounds. Farm animals, January I, L888: Hones: Number, 40,583; average price, 134.46; value, $1,896,768. Mules: Number, 10,803 ; average price, $61.33 ; value, 04. Mtieh cows: Number, 19,394; average price, $23.75 ; value, $460,608. cattle: Number, 1,257,597; average price. $15.04 ; value, $18,- 911,121. Hogs: Number, 19,941; avenge price, $5.64 ; value, $112,466. i>: Number, 3,623,168 ; average price, $1.09 ; value, $3,953,239. I . 4,019,188 pounds. M wi i a ii BBS I L880): Number of establishments, 144: capital, 1463,275; average cumber of bands employed, 557 ; waged paid during year, $218,731; value of materials, $871,- Value of product-: Flouring and grist mill, $529,171 ; all other industries, ,675. Total value of products of manufactures, $1,284,846. Mis: 380): Gold: Product, 2,387.5 ounces; value, $49,354. Silver: Product, 303,45") ounces, value. $392,387. Total value ofprecious metals, $441,691. Copper ingots, 4,055 pounds. Railroad mileage in operation, traversing 12 of its 14 counties, 1,130. Area ot' forests. 10,00(3 square miles, exclusively of pine, and con- fined to the mountainous regions. Lumber product equal to all do- mestic demands. Mining industry valuable and active. Average output of gold and silver lor L886, $3,850,000, in the proportion of one to live. Every description of mineral in great abundance in mountains — iron, lead, zinc, copper, silver, gold, coal, etc. Estimated coal area, 4,00(1 square miles of 10-foot veins: true bituminous coal. A ed valuation of taxable property, $43,151,920. Territorial and congressional, elections Tuesday alter first Monday in November; senators, 12 — representatives, 24; sessions of legislature biennial in even numbered years, meeting first Monday in January' limit of sessions 00 days; terms of senators and representatives, 2 years each. Legal interest rate, 6 per cent. ; by contract, 12 per cent. tori \i. Laws in Relation to Deeds, Dower, Descent and Distribution op >PEBTT, Mai:i:II:i> WOMEN, MECHANICS' I.IKNS, MORTGAGES, AND Wll.l.s. i ds.— All conveyances of real estate Bhall be subscribed by the person transferring bis title or Interest in said real estate, or by bis legal agent or attorney. Deeds nu acknowledged In the i> rritory before any judge, Justice of the peace, notary public bav- ins a seal, or clerk of a court having a BeaL Out oj the '/v rrUory l but in th< i nib d BUiU », bi fore a commissioner of deeds for the Territory, appointed by the governor, before any United staler court, the court of any State or Territory within the United States having a seal, or the clerk or judge of any guch court, the genuineness ol i be signature and offi- cial character of such judge to be certified to under seal of bis court by the clerk thereof, and also before any notary public having an official seal, or before the clerk ot any court hi record ha\ ing a seal. \ married woman may convey her real estate by a conveyance executed by herself and her husband, and the acknowledgment made by her must show thai sin- was per- sonally known to the officer taking the same, or her identity proven by at least two reli- ables ind that she was Informed of the contents of the con\ eyance, and thai she confessed on an examination independent of, separate and apart from her husband, that she executed such conveyance voluntarily and without compulsion or the tilled In- fluence oi her husband. MATTHEWS'S GUIDE. 83 The examination of the wile separate, apart, and independent, of her hwsb nd, is nec- essary, but she need only join with her husband when the property Is her own, or when she has an interest therein in her own right independent of her husband. Trust DEED3.--See Mortg&gea aud Trust Deeds. Descents.— The property Of intestates descends to the children in equal proportions; if there be no descendants one-half the estate goes to the lather and mother of the intes- tate or the survivor of the two as joint tenants, and the other half to the brothers and sisters and their descendants as tenants in common ; if there be neither fat her nor mother the brothers and sisters take the inheritance as tenants in common, and if there be no brothers nor sisters, nor their descendants, the father and mother take as joint tenants. If there be no person entitled according to the preceding rules the inheritance de- scends, as follows: First, if the inheritance came by gift, devise, or descent from the paternal line, it goes to the paternal grandparents as joint tenants and to the survivor Of them; if neither be living it goes to the uncles and aunts in their paternal line or their descendants ; if no such relatives be living, to the next of kin in equal degree of consan- guinity among the paternal kindred, and if there be no paternal kindred it fj;oes to the maternal kindred in the same order. Second, if the inheritance came from the maternal line it goes to the maternal kindred in the same order, and if there be no maternal kin- red, then to the paternal kindred in the same order. Third, if the estate came other- wise than by gift, devise, or descent it is divided into two equal parts, one of which shall go to the paternal and the other to the maternal kindred in the order above described, and on the failure of either line the other shall take the whole. Kindred of the half blood inherit equally with those of the whole blood; but if the estate came to the intestate from any ancestor, those only of the blood of such ancestor shall inherit. An estate which came to the intestate by gift or conveyance in considera- tion of love or affection shall, if the intestate die without descendants, revert to the donor if living, saving to the widower or widow his or her rights. Illegitimate children inherit from their mother as if legitimate, and inherit from the father in the absence of other heirs, provided the father acknowledged such children as his own during his lifetime. These rules of descent are subject to the provisions made in behalf of the surviving hus- band or wife of the intestate. If the husband die testate or intestate, leavinga widow, one-third of his real estate de- scends to her in fee simple free from all demands of creditors; but where the real estate exceeds ten thousand dollars the widow has one-fourth only ir any case, and one-fifth only as against creditors. If a widow marry holding real estate in virtue of any previous marriage, and there be children by such previous marriage still living, she cannot, dur- ing the subsequent marriage, alienate such real estate, and if she die during such mar- riage such real estate goes to her children by the marriage in virtue of which such real estate came to her. If a wife die testate or intestate, leaving a widower, one-third of her real estate descends to him, subject to its proportion of the debts of the wife contracted before marriage. If a husband die intestate, leaving a widow and one child only, his real estate shall de- scend, one-half to his widow and one-half to his children. If an intestate leave a widow and a child, or children not exceedng two, the personal property is equally divided be- tween the widow and children, but if the number of children exceed two, the widow's share shall not be reduced below one-third of the whole. Personal property of the wife held by her at the time of her marriage, or acquired during coverture by descent, devise, or gift, remains her own property the same as her real estate so remains, and is subject to distribution in the same manner as her real estate. If a husband or wife die intestate, leaving no child, but leaving a father or mother, or either of them, then the property descends, three-lourths to the widow or widower, and one-fourth to the parents jointly or to the survivor of them ; but if the whole amount of property does not exceed one thousand dollars, the whole goes to the widow or widower. If there are neither children nor parents of intestate, the whole of the property goes to the widow orwidower. A surviving wife is entitled to one-third of all real estate owned by her husband at any time during the marriage, in the conveyance of which she may not have joined; and she and her minor children are allowed to occupy the ordinary dwelling house of the family and the fields adjacent, not exceeding forty acres, free of rent for one year. In all actions by or against a married woman, her husband shall be joined as a party. Dower— Is abolished. Exemptions.— The head of every family may hold the following property exempt from execution, attachment, or sale: The wearing apparel of such person or family; the beds, bedsteads, and bedding necessary for the use of the same; one cooking-stove and pipe; one stove and pipe used for warming the dwelling; fuel sufficient for sixty days; one cow, or, if the debtor owns no cow, household furniture not exceeding forty dollars in value; two swine or the pork therefrom, or, if the debtor owns no swine, house- hold furniture not exceeding fifteen dollars in value; six sheep, the wool shorn from them and the cloth or other articles manufactured therefrom, or, in lieu thereol, house- hold furniture not exceeding twenty dollars in value ; sufficient food for such animals lor sixty days; bibles, hymn-books, psalm-books, testaments, school and miscellaneous books used 'in the family, and all family pictures; provisions provided and designed for the use of such person or family, not exceeding fifty dollars in value, and other ar- ticles of household and kitchen furniture, or either, necessary forsuch person or family, not exceeding two hundred dollars in value; one sewing-machine, one knitting-machine, ■one gun or pistol, and the tools and implements of the debtor necessary for carrying on his trade or business, not exceeding one hundred and fifty dollars in value; the per- sonal earnings of the debtor and the personal earnings of his minor child or children for three months, when necessary to the support of such debtoror family: all articles, specimens in cabinets of natural history or science, except such as may be intended for exhibition for pecuniary gain ; if engaged in agriculture, l wo horses or one yoke ol cat tie MATTHEWS 8 GUIDE. W iti, ( | u . i,. aaring tor the same, and one wagon; If a doctor, one horse, one saddi-- nii.t brldli >nal books, medicines and Instruments, Dot exceeding one hnndre i dollars in value; if a lawyer, oka aot exceeding tlve bui dollars la value. Every person engaged in Hie business of draying, or carrying property fn.in place to place with one none and wagon, shall bold one horse, harness, dray, or npt from execution. Every unmarried woman may hold exemptfrom earing apparel not exceeding in value one hundred and fifty dollars; -machine, one Knitting-machine; n engaged in teaching music, one- piano or organ; a bible, hymn-book, psalm-book, album, and any other books not exceeding in < iniv doiiar>. Any beneficiary land, not exceeding five thousand dollars, set apart : h\ any benevolent association to the tonally of a deceased member, or to any member of such family, shall not be liable tor the debts of such deceased member. The regal! f office, lournals of proceedings, account books, and the private work belong! n • to any benevolent society, Is exempt from seizure or sale to satisfy any judg- ment against Buch society. All property used or kepi to be used by any municipal cor- poration or fire company for extinguishing fire -hall be exempt from execution and sale. Hu-band and wile, widow or widower hviug with an unmarried daughter, or unmarried minor son, may hold exempt from sale or Judgment a family homestead not exceeding one thousand dollar.- in value. Any head of :i family not the owner of a homestead may hold exempt from levy and sale real or personal property not exceeding five hundred dollars in value in addition to the chattel property Otherwise by law exempted. Married Women— Are permitted to acquire and hold property, and their contracts are valid and enforceable same as though unmarried. They, however, cannot con\ ey real est ite, except the husband joins. A wife is entitled to half the property acquired by herself and husband while married. ■fJBCHANICS' Liens —Any person furnishing labor or materials for the erection or re- pair of a building, has a lien thereon and on the land on which it stands. Original eon- tractor must file in office of county clerk a statement of account, under oath, and de- scription of property, within ninety days after completion of contract. Sub-con t razors must til. similar statement within sixty day- alter work done or material furnisned. Suit must be brought within one year from time Of payment falling due. Mortgages and Trust deeds.— There Is no statutory provision, except as to the execution and recording, which are the same a- stated for the execution and record ol deeds of conveyance. Wills.- Persons of either sex may make a will, except the following: 1st Males not having c «mpkte l fourteen years, and females not having completed twelve, 2d. Insane persons or persons of unsound mind, while In that condition. :;d. A prodigal who has been prohibited from the free administration of his property by a court of competent Jurisdiction. 4th. The deaf and dumb by birth, unless they c:'ii write it themselves. Will- may be either written or verbal. When in writing they shall be signed by the testator, or il'he he unable to write he may request some reliable person to sign for him : and the will shall be attested by three or more able and qualified witnesses, who -hall haye the same qualifications as witesses before a court of law. Verbal wills must be attested by the same number of witnesses required for the writ- ten ones, and two witnesses must testify that the testator was at the time of making bis will in posa --ion of a sound mind and entire judgment. The witnesses must all be present, see and hear the testator speak, and each and every one ol them shall under- stand clearly and distinctly every part of the will. OREGON : Or Oregan, signifying " River of the West; " but according to others the name is derived from the Sp. Oregano, " Wild Majoram" which grows abundantly on the Pacific coast. Columbia river discovered in May, 1792, by Captain Gray of Boston; explored in l804-'6 by Lewis and Clarke; settled in 1811 at Astoria; whatever Spanish title acquired by treaty in 1819, and its northern boundary settled in 1846 by the treaty of limits with Great Britain. Organized as a Territory by the act of August 14, 1848, and admitted February 14, 1859, as a State. Area: In square miles, 95,274 ; in acres, 60,975,360. Ocean coast line, 300 miles; frontage on Columbia river, .'WO miles. Divided into eastern and western Oregon. cities, 29. Salem, situated on the Willamette river, is the capital ; here are located all State institutions — the State house, the insane and orphan asylums, the blind and deaf and dumb schools, and the State peni- MATTHEWs's GUIDE. 85 tentiary : population, over 8,000. Portland the metropolis : popula- tion, 33,400. Ports of entry : Coos Bay, Portland and Astoria. Climate mild and uniform and healthy. Rainy season begins about October 15 and ends May 1. From December to March rains gener- ally copious. Occasional showers, fogs, and dew during dry season. Snow rarely falls along the coast or in the interior valleys. Severe gales unknown. No blizzards nor cyclones nor tornadoes; no cold winters nor hot summers ; no drouths nor floods ; no failures of crops; no alkali nor sandy lands ; no grasshoppers nor chintz nor po- tato bugs, etc. Willamette is the principal valley of the State, and constitutes its wealthiest portion. Drained by the Willamette river, navigable for 125 miles from its mouth. Average width of valley, exclusive of mountain slopes, (50 miles ; length, 130 miles ; area about 7,800 miles, or 4,992,000 acres. All its other valleys also very fertile. Temperature: At East Portland, in winter, 28° to 60° ; in summer, 50° to 97°. Mean annual temperature, 52°.7. Rainfall at Eola, 34.92 inches; at East Portland, 56.30 inches; at The Dalles, 12.14 inches. Snowfall at Albany, total amount melted winter 1886-87, 29 inches. Population in 1880 of State, 174,768. Agricultural Statistics : No. of farms (1880), 16,217 ; total land in farms, 4,214,712 acres; improved land in farms, 2,198,645 acres. Total value of farms, $56,90S,575. Area of land, in 1885, under cultivation, 1,243,904 acres. Average price of improved Land, $10 to $50 per acre ; unimproved land, $6 bo $20 per acre. Farm products— crop of 1886: Indian corn: Product, 178,000 bushels; area in crop, 6,673 acres ; average yield per acre, 26.7 bushels ; value per bushel, 75 cents; total valuation, $136,500. Wheat: Product, 11,133,000 bushels; area in crop, 884,640 acres ; average yield per acre, 12.6 bushels ; weight per bushel 59.7 pounds; value per bushel, 68 cents; total valuation, $7,570,440. Eye: Product, 22,000 bushels; area in crop, 1,365 acres; average yield per acre, 16.1 bushels; value per bushel, 75 cents; total valuation $16,500. Oats: Product, 5,102,000 bushels; area in crop, 199,199 acres ; average yield per acre, 25.6 bushels; value per bushel, 42 cents; total valuation, $2,142,840. Barley: Pro- duct, 041,000 bushels; area in crop, 34,845 acres; average yield per acre, 27 1 >ushels ; value per bushel, 52 cents ; total valuation, $489,320. Buckwheat : Pro- duct, 9,000 bushels ; area in crop, 673 acres ; average yield per acre, 13.4 bushels ; value per bushel, 75 cents ; total valuation, $6,750. Potatoes: Product, 1,037,000 bushels ; area in crop, 12,965 acres; average yield per acre, 80 bushels ; value per bushel, 62 cents ; total valuation, $642,940. Hay: Product, 477,488 tons; area in crop. 374,850 acres; average yield per acre, 1.27 ton ; value per ton, $8.75 ; total valuation, $4,178,020. Wa<*es of farm labor per month bv the year: Without board, $32.56 ; with board'; $23. Dav wages in harvest: Without board. $1.94; with board, $1.45. Day wages of ordinary farm labor : Without board, $1.35 ; with board, 98 cents. Wheat noted for superiority of its flour, often reaching 65 pounds per bushel. Dairy products, (State census of 1885): Butter and cheese, 3,287,923 pounds. Orchard products, (1885) : Apples, 2,005,373 bushels ; plums and prunes 150;- 306 bushels. Pears produced in great variety, both early and late. Cherry M \ [THEWS's CUIDE. - wow to be tw.i feel in diameter, and a Bingle tree Bometimee yields 1,000 pound? of fruit Farm animals, January 1, 1888 : Horses: Number, 177,842 ; average price, i; value, $8,874,804. Mules: Number, 3,135; average price, $68.38; value, Number, 78,997; average price, $29.69; value $2,338,- 811. Qjcen and other cattle: Number, 598,218; average price, $20.35; value, $12,172,122. Hogs: Number, 220,723 ; average price, $3.01 ; value, $664,819 Sheep: Number 2,930,123 ; average price, $1.70; value, $4,987,069. Natural minently suitable for sheep pasturage. Wool clip (State census of 1885), 9,451,701 pounds of fine quality. Oregon wool quoted in Chicago market at from IS to 26 cents per pound. liAKUFAcnmKS (1880): Number of establishments, 1,080; capital, $6,312,056; average number of hands employed, 3,473 ; annual wages paid, $1,667,046 ; value of materials, $6,954,436. Value of products : Flouring and grist mill, $3,475,531 ; Bawed lumber, $2,030,- 463; woolen goods, $549,030 ; saddlery and harness, $385,350; foundry and machine Bhop, $352,300; tin, copper, and Bheet ironware, $311,650 ; slaughter- ing and meat packing, $264,712 ; Bash, door, and blinds, $253,692 ; all othe: in- dustries, $3,308,504. Ttotal value of products of manufactures, 810,031,232. Extensive and valuable forests of pines, spruces, and firs. Timber in quality very fine. Pines often 150 to 175 feet in height; spruces LOO feet, and firs 200 feet. Also cedar, oak, yew, ash, maple, cotton- wood, myrtle, laurel, dogwood, etc. Lumber product (1885), 169,135,726 feet. Fisheries: Great salmon industry growing in importance. Value of pack in ls.s7. *2,.">0!),00r); amount disbursed by canners, $1,700,000. Total pack of Pacific cast. 987,000 cases. Valuable mineral resources : Gold in Bnker, Clackamas, < loos, Crook, Curry, Douglas, Grant, Jackson, Josephine, Lane, Linn, Marion, Tilla- mook, Umatilla, Union, and Wallowa counties. Coal in Benton, Clackamas. Clatsop, Columbia, Coos, Douglas, Grant, Jackson, Tillamook, Umatilla, and other counties. Copper in Baker, Clackamas, Douglas, Josephine, I. inn, and Wal- lowa counties. Iron throughout State. Silver, quicksilver, platinum, iridium, brick and potters' clays, etc. Wheat, flour, Balmon, and lumber the principal exports. School StATKTH 9 I 1887) : of districts, 1,491 ; average numberdays school per year. 100; average monthly salary of male teacher, $45.78; average monthly salary of female teacher, $34.79; whole amounl paid teachers per annum, $413,515.36; total value of Bchool property, $1,300,500. Bel 1 age, 4-20 years. Normal schooli, 4 ; Institute for deaf and dumb, I : school for blind, l. Medical college, t. Private academies, 16; colleges, 8; seminary, 1; Bchools, 4; university, 1 ; other institutions, 5. Orphan asylums : a-ylnm for treatment of the insane. Gross value of all property, $1 13,962,652. MATTHEWS'S GUIDE. 87 Railroads intersect State in all directions, furnishing ample trans- portation facilities. ( J-overnor and State officers elected quadrennially ; legislature every 2 years; senators, oO — representatives, 60 ; sessions of legislature bien- nial in odd-numbered years, meeting first Monday in January ; limit of session 40 days; terms of senators, 4 years — of representatives, 2 years. Electoral college, 3. Legal interest rate, 8 per cent. ; by contract, 10 per cent. ; usury forfeits principal and interest. State Laws in Relation to Deeds, Dower, Descent and Distribution of Property, Married Women, Mechanics' Liens, Mortgages, and Wills. Deeds.— Deeds or other instruments creating any estate in lands, must be signed and sealed and to be entitled to record must be attested by two witnesses and acknowl- edged and certified. The seal maybe made by a scroll of the pen, or wax, wafer, or paper The proof or acknowledgment may be taken before any judge of the supreme court county judge, justice of the peace or notary public within the State, or it taken in any other State or Territory before any judge of a court of record, justice of the peace, notary public or other officer there authorized, or before a commissioner of deeds ap- pointed by the Governor of this State. If such deed be executed in any other State or Territory, unless acknowledged before such commissioner, such deed shall have attached thereto a certificate of the clerk or other proper certifying officer ot a court of record ot the county or district within which such acknowledgment was taken, under the sealot his ofllce, that the person whose name is subscribed to the certificate ol acknowledgment was at the date thereof such officer as he is therein represented to be, and that he be- lieves the signature of such person subscribed thereto to be genuine ; and that the deed is executed and acknowledged according to the law of such State, Territory or district. If such deed be executed in any foreign country, it may be executed according to the laws thereof and acknowledged before any notary public, minister plenipotentiary, minister extraordinary, minister resident, charge d'affaires, commissioner or consul of the United States appointed to reside therein. Trust Deeds.— No law in this State relating to trust deeds. Descent and Distribution of Property— Real property descends, as follows : 1st. In equal shares to his children, and to the issue of any deceased child by right of repre- sentation: and if there be no child of the intestate living at the time of his death, such real property shall descend to all his other lineal descendants; and if all such descen- dants are in the same degree of kindred to the intestate, they shall take such leal piop- ertv equally ; or otherwise, they shall take according to the right of represents t ion. ^o. If the intestate shall leave no lineal descendants, such real property shall descend to his wife, and if the intestate leaves no wife, then such real property shall descend to his lather. 3d. If the intestate shall leave no lineal descendants, neither wife not tat her, such real property shall descend, in equal shares, to his brothers and sisters, and to tne issue of any deceased brother or sister by right of representation ; but if the intestate shall leave a mother also, she shall take an equal share with such brothers and sisters. 4th. If the intestate shall leave no lineal descendants, neither wife nor fatnei, biothei or sister living at his death, such real property shall descend to his mother to the ex< rasum of the issue of his deceased brothers or sisters 5th. If the intestate shal leave nolinea descendants, neither wife nor father, mother, brother, or sister, such real property shau descend to his next of kin, in equal degree, excepting tha t, when there : uct\ y >c n_ no re collateral kindred in equal degree, but claiming through different ancestors, tl lose wl o claim through the nearest ancestor shall be preferred to those claiming thiough a more band shall be entitled to receive the whole of the personal property, "the mt s . u. leave a widow and issue, such widow shall be entitled to receive one-half of .the Personal property ; but if the intestate leave a widow and no issue, such widow shall be entitled to receive .the whole of the personal property. (Rill's Code, g 3099.) ,. . . DOWER.-A widow is entitled to one-third part, during her nature life of all lands whereof her husband was seized of an estate of inheritance at any time during co\er tU ^^^l*S£Z%Twoveviy shall be exempt from execution, if selected and reserved by the judgment debtor or his agent at the tune ot the levy, ■ ^ ,n . thereafter before sale thereof, as the same shall be known to him, .uflnot othei wise. Books, pictures, and musical instruments owned by any person, to .the nralue ^of wra^ five dollars ; necessary wearing apparel owned by any person t>,!' ^ dred dollars, and if such person be a householder, for each mmbe -of his Urn 1> t t he value of fifty dollars ; the tools, implements apparatus, tean i vehic le.li »noss oMiDrary necessary to enable any person to carry on the trade, occupation, or profession bywn^i such person habitually earns his living, to the value of four hundred ^pilars, also ^ cient quantity of food to support such team, if. any for sixty days. The word team^ in this subdivision, shall not be construed to include more than one j oke ol oxen, or pair of horses or mules, as the case may be. 88 MAi rHEws's GUIDE. The following property. If own < d by a honseholder and in actual use, or kept for use, by and tor liis family, or when being removed from < roe habitat ion to another on a change lenoe : Ten sheep, with one j i art fleece, or the yarn or cloth manufactured there- from, two cows, and Ave swine; household goods, furniture, and utensils, to the value of three hundred dollars; also, food sufficient to BUpport BUCD animals, if any, for three months, and provisions actually provided tor family use, and • for the support of such householder and family for six months; the seat or pew occupied by a house- holder, or his family. In a place of public worship; all property of the State, or any county, Incorporated city, town, or village therein, or of any other public or municipal corporation or Like character. No article of property, or if the same has been sold or exchanged, then neither the il such sale or the article received in exchange therefor, shall be exempt from Lion, issued on a Judgment recovered for its price. Every white male citizen of this state above the age of sixteen years shall be entitled to have and keep, tor his own use and defense, the following Ore arms, to wit : either <>r any <>ne of the following named guns, and one revovllng pistol : a rifle, shot gun (double or single barrel), yager, or musket; tin' same to be exempted from execution in all cases, under the laws of Oregon. (Hill's Code, j 817L) M u'.uied Woken.— The property ana pecuniary rights of every married woman at the time of her marriage, or afterwards acquired by Rift, devise, or inheritance, shall not be subject to the debts or contracts of her husband, and she may manage, sell, convey. or devise the same by will to the same extent and In the same manner that her husband can property belonging to him. A married woman is alone responsible In damages for injuries committed by her, ex- cept in case where her husband would be responsible with her provided marriage did not exist. A conveyance, transfer, or lien executed by either husband or wife to or in favor of (he Other shall be valid to the same extent as between other persons. A. wife may receive the wages of her labor and bring action therefor in her own name, and she may prosecute and defend all actions at law or in equity for the preserva- tion and protection of her rights and property. Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage. They arc not liable for the separate debts of eacb other. Contracts may be made by a wife and the same enforced by or against her in the same manner as if she were unmarried, pnd she may transact business as a feme sole. MECHANICS' Liens.— Any person who, by virtue of a contract with the owner or his - , performs any labor, or furnishes any materials, engines, or machinery for thecon- struction or repair of any building or structure, has a lien on the building and lot on whicb it stands for his pay. An original contractor must file in the office of the county clerk, within sixty days after t he completion of the building or repairs, a notice of his intention to claim a lien specifying the amount due, and the property, A laborer or sub- contractor must tile notice within thirty days. The lien will not be binding for more than >ix months after such tiling, unless suit is brought. Mechanics' and art isans have a lien on personal property made or repaired by them, and if their charges are not paid in three months, they may sell the property. MOBTGAGES.— Mortgages are executed in the same manner as deeds. An absolute eon-, eyance, if intended as security, will be considered a mortgage. An may be dlschargeu by an entry in the margin of the record thereof. 1 by the mortgagee, or his personal represent ttlve or assignee, acknowledging the ■ 't ion of the mortgage, in the presence of the county clerk, or his deputy, who shall subscribe the same as a witness; and such entry shall have the same effect as a i i of release duly acknowledged and recorded, (Hill's Code, 2 8031.) Wilis. — Every pi rs in of twenty-one years of age and upwards, of sound mind, may, twill, devise all his e I ite, real and personal, savins to the widow her dower. • ii over I he age Of eighteen year-, of sound mind, may, by last will, dispose of his goods and chattels. A married woman may, by will, dispose of any real estate hel I In her own right, subject to any rights which her husband may have' as tenant by the Every will shall bo In writing signed by the testator, or by some other person under his direction, In in - present e, and ha II bi i at I ted by two or more competent witnesses, subscribing their names to the will, in the presence • >f the testator. UTAH A name derived from that of the Qte or Utah tribe of Indians, and signifies "Dweller* in the Mountains." Called also " Deseret" and "the Switzerland of America." Capt. Bonneville, as early as 1825, and Lieut. John C. Fremont l842-'43, while yet the sovereignty was in :o, penetrated as far as Salt lake. Settled by the Mormons, in under Brigham Young. Ceded to the United States by Mexico in 1848 by the treaty of Guadalupe Hidalgo, and organized as a Ter- ritory by the ad of September 9, 1S50. MATTHEWS'S GUIDE. 89 Area : In square miles, 84,470 ; in acres, 54,064,640. Intersected from north to south by the Wasatch mountains. Maximum length, 825 miles ; breadth 300 miles. Altitude of valleys from 4,000 to 6,000 feet above the sea — of mountains from 6,000 to 13,000 feet. Lands rich in phosphates and very productive. Counties, 24. Temperature : At Salt Lake city, in winter, 29° to 40° ; in summer, 69° to 77°. Rainfall, 24 inches. Estimated population in 1888, 211,555. Chiefly British and Scan- dinavian. With every variety of climate it is generally salubrious and agree- able, not given to extremes, and is healthy. Salt Lake basin 200 miles in length by 40 or 50 in width dotted with settlements. Altitude 4,500 feet above the sea. Climate healthy and agreeable. Scenery fine: Warm thermal soda and sulphur springs easily reached by rail or carriage ; an attractive resort for tour- ists seeking health or pleasure. Many semi-tropical plants grow well in this basin and in some of the valleys. Great Salt lake, a briny inland sea, covers an area of from 3,000 to 4,000 square miles ; 22 per cent. salt. Salt Lake city the capital and most important city : population in 1880,30,768. Ogdencity: population, 11,315. Pro vo city : popu- lation, 3,482. San Pete and Cache valleys fine grain growing sections. Valleys for the farmer, the gardener, and fruit grower ; foot hill slopes and river terraces for the stock and sheep raiser, and moun- tains for the miner. Agricultural Statistics : No. of farms (18S0), 9,452; total land in far^s> 655,524 acres ; improved land in farms, 416,105 acres. O Total value of farms, $14,015,178. Ci Farm products — crop of 1886: Indian corn: Proajlct, 267,000 bushels; area in crop, 13,330 acres ; average yield per acre, 20 busfifie ; value per bushel, 00 cents; total valuation, $160,200. Wheat: Product, 1, Ml ,000 bushels; area in crop, 101,704 acres ; average yield per acre, 15.2 bushels ; weight per bushel, 59.5 pounds; value per bushei, 62 cents ; total valuation, $955,420. Rye: Product, 32,000 bushels ; area in crop, 2,264 acres ; average yield per acre, 14.1 bushels ; value per bushel, 55 cents; total valuation, $17,600. Oats: Product, 858,000 bushels; area in crop, 28,794 acres; average yield per acre, 29.8 bushels; value per bushel, 40 cents ; total valuation, $343,200. Barley : Product, 470,000 bush- els; area in crop, 20,417 acres; average yield per acre, 23 bushels; value per bushel, 49 cents ; total valuation, $230,300. Potatoes: Product, 978,000 bushels; area in crop, 11,509 acres; average yield per acre, 85 bushels ; value per bushel, 36 cents ; total valuation, $352,080. Hay: Product, 159,120 tons; area in crop, 124,848 acres; average yield per acres, 1.27 ton ; value per ton $7 ; total valuation, $1,113,840. Total area in crop, 302,866 acres. Total valuation of crop, $3,172,640. Wages of farm labor per month by the year: Without board, $33.50; with board, $22.30. Day wages in harvest: Without board,$1.72; with board, $1.30. Day wages of ordinary farm labor: Without board, $1.42; with board, $1.10. g i MATTHEWS S GUIDE. d and hay crops of 1887 valued at $6,419,000. Wheat crop estimated at 000 bushels. Barley at 600,000 bushels. Garden products at $1,550,000. Orchards prolific and fruits of high caste— peaches, apricots, pears, apples, plum-, ana other fruits. Dried fruits excellent in quality, of wide reputation and command fancy prices throughout the United States. Honey of the richest flavor, l'Oo.ooo pounds, valued at (16,000. Farm" animal-. January l. 1888: aoraea: Number, 120,692; average price, $4065; value, $4,906,026. Mules: Number,3,686; average price, $54.71; value, ■ Number, 42,878; average price, $25.25 ; value, $1,259,420. titer cattle: Number, 485,000 ; avnrage price, $16.76 ; value, $7,292,738. Number, 40,118; average price, f7.15; value, $286,486. Sheep: Number, 1,335,000; average price,$1.94; value, $2,594,172. Estimated wool clip of isss, 10,000,000 pounds, at an average price of 18 cents. Cattle horses, and sheep estimated at M,000,000 herded in 1887. Value per head increased. Aggregate value estimated at $28,000,000. Swine 100,000. estimated at $500,000. Grasses rich and abundant. Wool clip, it.000,000 pounds, valued at $1,710,000. Bides, pelts, furs, etc. value. 1 at $135,000 Shipments of poultry valued at $20,000. Mineral resources a wonderful laboratory on a gigantic scale. The precious metals, copper, lead, ashphalt, nitre, lire clay. salt, coal, etc., in the greatest abundance. Gold and Bilverand other metal products in 1887 valued at $10,604,631. Coal output in 1886, 822,878 tons. Total output of mines from 1871 to 1887, both inclusive: Gold: Product, 1 18,- 816 ounces; price per ounce. $20.67 ; value, $3,065,692.72. Silver: Product, 65,- 226 753 fine ounces; value. $73,201,966.51. Lead: Product, 689,630,705 pounds; value, $33,799,599.17. Copper: Product, 10,044,995 pounds; value, $3,00:3,889.21. Total valuation of output, $113,071,147.61. Total of mine dividends paid in 1887, $1,257,500. Manufaotukbs ( 1880) : No. of establishments, 040; capital, $2,656,657 , average number hands em- ployed. 2,495 ; annual wages paid, $858,863 ; value of material-. $2,561,737. Value of products: Flouring and grist mill, $1,364,619 ; sawed lumber, $375,- 164; woolen goods, $279,424. All other industries, $2,305,785. Total value in 1880 of products of manufactures, $4^324,992. Manufacturing industries steadily increasing. Manufactured products in 1887 equaled in value 8^,726,500, com* prising those of wood and metal workers, soap factory, foundries and boiler works, breweries, tanneries, clothing, flouring and paper mills, silk and woolen manufactures, hoots and shoes, etc. Capital invested, $4,468,350 ; persons employed, 3,573. Value of lumher product, $500,000. Commercial traffic val 1 al $120,000,000. Salt annually Bold, 30,000 tons, at an average price of $8 for coarse crude, and ■■ refined table ; employe 150 men, and produces a net revenue per annum - 150,000. Railroad mileage, I ,i W. Railroad traffic, both passenger and freight, in 1888, shows an in- crease over the previous year of at least 25 per cent. Public school system established. MATTHEWS'S GUIDE. 91 Annual territorial elections first Monday in August ; congressional elections Tuesday after first Monday in November ; senators, 1 2 — rep- resentatives, 24; biennial sessions of legislature in odd-numbered years, meeting second Monday in January; limit of session, 60 days; terms of senators and representatives, 2 years. Legal rate of interest, 10 per cent. ; by contract, any rate. Territorial Laws in relation to Deeds, Dower, Descent and Distribution of Property, Married Women, Mechanics' Liens, Mortgages, and Wills. Deeds— Must be attested by one credible witness and acknowledged or proved to en- title the same to be recorded. To operate as notice to third persons, a deed must be recorded in the recorder's office of the proper county ; but it is binding between the par- ties, and as to those who have actual notice, without record. An unrecorded deed is void as against a subsequent purchaser in good faith and for a valuable consideration, when such subsequent purchaser shall first have his deed duly recorded. A deed purporting to convey an absolute or fee simple estate conveys all subsequently acquired interests of the grantor. Possession is not requisite to a conveyance of claim of title to real estate. The acknowledgment or proof must be taken, if within the Terri- tory, before a judge or clerk of a court having a seal, or a notary or county recorder, or justice of the peace of the county where the real estate is situated. Without the Terri- tory and within the United States, by a judge or clerk of a United States court, or by a judge or clerk of a court of record of a State or Territory, or by a notary, or by a commis- sioner of deeds for this Territory. Without the United States, by a judge or clerk of a court having a seal, or a notary, or a minister, commissioner, or consul of the United States appointed to reside in the country where the deed is executed. Trust Deeds— Are in common use. Distribution and Descent.— After the payment of the expenses of the last sickness and funeral, allowance for the support of widow and minor children, and payment of debts due from the estate, the personal estate shall be distributed in kind, if practicable,. in the same manner as real estate. The property, both real and personal, of one who dies intestate, passes to his heirs, subject to the control of the probate court, and to the possession of any administrator appointed by that court. If the decedent was the head of a family, the property, real and personal, exempt from execution, passes to the surviving family in equal shares, and is not subject to the payment of the debts of the decedent, nor to any bequest, nor to the payment of any legacy • and if the appraisement shows the estate to be not over fifteen hundred dollars in^valu'e, it shall all be assigned to the tamily, and no further administration allowed. If the decedent leaves sfhusband or a wife and only one child, or the issue of only one child, the estate, except as provided above, passses, one-third to the surviving hus- band or wife for life, the remainder and the other two-thirds to such child, or the issue of such child, by right of representation. If there are more than one child living, or one child and the issue of a deceased child or children, the estate goes, one-fourth to the sur- viving husband or wife for life, and the remainder and the other three-fourths to the surviving children and the issue of any deceased child, by right of representation. If there is no child of the decedent, but there is issue of a deceased child or children, the re- mainder goes to all the lineal descendants of the decedent; and if they are in the same degree of kindred to the decedent they share equally, otherwise they take by right of representation. . .,»-*». If the decedent leaves a husband or wife and no issue, one-half of the estate goes to his father and mother in equal shares, and if either be dead, all of said estate goes to the other and the other half to the surviving husband or wife. Next in succession come the brothers and sisters of the decedent. However, if the decedent leaves no issue, nor husband or wife, the estate goes to the father and mother. If the decedent leaves a husband or wife, and no issue, and no father or mother or brother or sister, the estate goes to the surviving husband or wife. Every Illegitimate child is an heir to its mother. It is also heir to its father when ac- knowledged by him, if born before the 9th day of February, 1888, but not afterwards. Allot the property is liable to pay debts. Dower— Was abolished by statute, but has been restored by the Edmunds-Tucker act. Exemption's.— Except on a judgment for the purchase price, or upon a judgment or foreclosuc of a mortgage or a mechanic's or laborer's lien thereon, the following prop- lst. Chairs, tables, desks, and books, of the value of two hundred dollu~- . i v.«i.i «■.... «i + .,,.r> otn ^>f t.ho vnlnpnf t.hn>e hundred dollars, lviim ith ,of thTvMu^of three" hundred 'dollars; two oxen, horses ormules, and harness, and food for animals for sixty days; a cart or wagon; seed, grain, or vegetables, not exceeding in value two hundred dollars. 4th. Tools and implements of a mechanic or artisan, not exceeding in value five hundred dollars; the seal and records of a notary public: the instruments and chests of a surgeon, physician, surveyor, and dentist, with their libra- ries and the law libraries and the office furniture of attorneys and judges, and libraries of ministers. 5th. The cabin of a miner, not exceeding five hundred dollars in value; alsohistools and appliances, notexceedingin value two hundred dolars 6th. 1 wooxen, or horses or mules and harness, and cart or wagon, or dray or truck, by winch a cart^ man drayman huckster, teamster, or other laborer habitually earns his living; and MATTHEWS S GLIDE. one horse, harness, and vehicle of a phvsieian. sursreon, or minister, with feed for the .rec months, 7th. One-half the oal services in - if necessarv for his family i this Territory j n p^ s, or immunil :\g in anv i - ranee on the d - when the annual pr notes a - uniforms, and ace ments required bv law to be kept. 10th. Court-hous iblicediti chur- is, school houses, cemeteries, and p a faxnilv, the homestead, t - I by the d' oethousan lars In value, and the further sum of live hundred dollars to his wife, and two hundred and ilftv dollan- for each other member of his family. Married Women.— All property owned by either spouse betorema: I that acquired afterwards bv gift, bequest, devise, descent, or purchase, is t. prop- ertyoft And either spouse may sue or be sued at law. 1 woman may carry on business with or r r separate property, and her promissory note "or other form of contract made in relation to such business is binding ou her. . , , -_.. M ; . E2fS.— Any person, who by virtue of a contract with the owner, furnishes labor or materials in the construction or improvement of any building or struct., in workings mine, has a lien thereon, provided he tiles with the county recorder, within ten d.i\- lfter the completion of his contract if an original contractor, or thirty days after the completion of the buildim;. etc.. if a sub-contractor, a claim, under o ith. con- taining a statement of his demand after deducting all credits, name of owner, if known, and employer, the terms of the contract, and description of property. Suit for foreclo- sure must be commenced within ninety days after filing. Hon - \re executed in the same manner as deeds. The first recorded ha* pref- erence unless junior mortgagee has actual notice. There is bnt one form of ad ion for t he recovery of any debt or the enforcement of any ritrht secured by lien or mortgage upon real estate or personal property, namely, by foreclosure and sale. The widow cannot claim dower as asainst the mortgagee or his vendors, except for ide since February 19, 1SS7. which she has not also executed. YVn i>.— vnv person of the aee of eighteen years and of sound mind may dispose of his or her property, personal and real, by will. A will must be in writing, subscribed by the testator, and attested bv at least two witnesses in the presence of the testator and of each other. All wills executed according to the law of the State or country where made mav be admitted to probate here. ■fed women may make wills as if sole. WASHINGTON : rmed originally a part ol the Territory of Oregon. First settle- ment by white Americans in 1845 at Tumwater. Par-trading had previously been establish S arated from Oregon and organ- ised as a Territory by the March 2, l& - >bbgok.) A. . [n square miles >4 ; in acres, 796,160. Conn mperature: At Port Angel - i Straits Juan de Fuca), aver- thly mean, from J 1 1 cember, l ss 7. 48° : from Jan me, 1 1.2 . Rainfall, 8 1.25 in . s. At Olymp . for . lor win'. - Rainfall UP irtland, average montl , July to December, 1887, 55.16°; from January to June, 4 all, 41.69 in< - vn and western. The former has too much heat in summer, and brief but severe frosts in winter. The latter is mild in 1 .ones unknown. pmpia is the capital : population in 1880, 1 attle: popu- SValla-WaUa: population, 3,58? Vancouver city: .;;U i.«n. i 72: S1 i city : population, 1 .' •• Mediterranean o\' the Pacifl deep inloi . stending from the ocean oearly -J^ 1 miles over a Burface [uare miles, with a shore line <>( about 1,154 miles MATTHEWS's GUIDE. 93 indented with numerous bays, harbors, and inlets, ami numerous islands inhabited by thriving farmers, Lumbermen, herdsmen, and persons engaged in quarrying lime and building stone, with ev< ry fa- cility indeed for a vast commercial and military marine. Thriving towns and cities are situated on its shores, bidding for the comm< ra of the world. Shipbuilding a profitable and growing industry. Lum- b( r fleet, both sailing and Bteam, la] Value of exports daring year ended June 30, 1887, $1,769,299 j of imports, $3 lb.L'77. Estimated population in ISSN, 107,')(), ls&s, 1,133,801 tons. Value per ton from $2 to $2.30. Immense forest ranges: Yellow and red fir, white and red cedar. spruce, larch, white pine, white fir, hemlock, bull pine, tamarack, alder and maple, ash and oak. cherry and laurel and Cottonwood. T ital capacity of saw mills for year ended June 30, 1888, 1,043,596,000 feet. Lumber exports in L887, L35,731,398 feet Salmon fisheries a Leading and profitable industry. Pack, in 1887, 354,000 cases, valued a1 $2,124,000. Capita] invested in average sea- ii Shoalwater bay and Gray's harbor, $167,300 ; amount paid for labor. $179,770; total pack, 72,000 cases. Balibut, cod, rockfish, salmon trout, and smaller food fishes also abound in it- waters and stream-. Whales (the California gray | and fine seals are taken off ('ape Flattery, and form an important and Lu- crative trade. Game of all kinds abound — bear, elk, caribou, moose, deer, and a great variety of small animals. Canvas back ducks plentiful, and of unexcelled flavor. MATTHEWS'S GUIDE. 95 Railroad mileage, 1,197.7 miles. Total value of all taxable property, $84,621,182. Public school system thoroughly organized and in successful oper- ation, affording general satisfaction. Colleges and universities of su- perior character, well supported. Insane asylum at Steilacoom, hospital for the insane at Medical lake, and school for defective youth at Vancouver. Territorial and congressional elections Tuesday after first Monday in November; senators, 12 — representatives, 24; biennial sessions of legislature in odd numbered years, meeting first Monday in October: terms of senators and representatives, 2 years; limit of session, 60 days. Legal interest rate, 10 per cent. ; by contract, any rate. Territorial Laws in Relation to Deeds, Dower, Descent and Distribution <>f Property, Married Women, Mechanics' Liens, Mortgages, and Wills. Deeds.— A deed shall be in writing, signed and sealed by the party bound thereby, -witnessed by two witnesses, and acknowledged before an officer authorized to take ac- knowledgments. (R. G. § 2H12.) A married woman shall not be bound by any deed affecting her real estate, unless Bhe is joined in the conveyance by her husband, and shall, upon examination by the officer taking the acknowledgment, separate and apart from her husband, acknowledge that she executed the deed of her own free will, and without fear of or coercion by her husband. The officer must certify that he has made known to her the contents of the deed. (R. C. 1 2313.) In conveying the homestead property the wife must sign the deed out of the presence of the husband, and the officer taking the acknowledgment must certify that he made known to her, at the time of signing and acknowledging the deed, that she was convey- ing away her homestead, and that she signed and acknowledged the deed out of the presence of her husband. (R. C. g 344.) Acknowledgments of deeds and mortgages made within the Territory may be taken by a judge of the supreme court, judge of the probate court, j ustice of the peace, county auditor, a clerk of the district or supreme court, or their deputies, or a notary public. Acknowledgment made in any other State or Territory of conveyances of or mortgages upon lands situated within this Territory, may be made before any person authorized to take acknowledgments of deeds by the laws of the State or Territory wherein the ac- knowledgments is taken, or before any commissioner appointed by the Governor of this Territory for such purpose. Unless such acknowledgment is taken before a clerk of rec- ord of said State, or by a notary public or other officer having a seal of office, there must be attached to the deed a certificate of a clerk of a court of record for the county or dis- trict where the acknowledgment is taken, under the seal of said court, that the person making the certificate of acknowledgment was at the date thereof such officer as he therein represents himself to be; that he is authorized by law to take the acknowledg- ment of deeds, and verily believes the signature of the officer to be genuine. (R. C., \ I •2315-2317.) Acknowledgments may be taken in a foreign country before any minister plenipoten- tiary, charge d'affaires, consul-general, vice-consul, or commercial agent appointed by the government of the United States to the country where it is taken, or before the mayor or chief magistrate of any city or town therein. (R. C. I 2319.) Trust Deeds— Are not in practical use as a mode of securing debts. There is no legis- lation upon the subject. Descent and Distribution.— Of Real Estate.— When any person dies intestate his reai estate, after payment of debts and expenses of administration, is distributed as fol- lows- If the decedent leaves surviving husband or wife and only one child, in equal shares to each; if more than one child, one-third to the surviving consort and remain- der to the children, in equal shares. The children of a deceased child take by right of representation. If the decedent leaves no children the surviving consort takes one-half and the decedent's father and mother the other half, if both survive; but it there be no father nor mother living, to the brothers and sisters, in equal shares. If the decedent leaves a surviving consort and no issue, and no father, mother, brother, or sister, the whole must go to the surviving consort. If the decedent leaves no issue nor surviving husband or wife, father, mother, brother, or sister, the whole estate goes to the next of kin in equal degree, and if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those claiming through the nearest ancestor must be preferred. The foregoing provisions relate only to the separate property ot the dece- dent, and take the place of tenants by the curtesy and of dower. Upon the death ol ■either husband or wife, the one-half of the community property, subject to the commu- nity debts, goes to the survivor, and the other half is subject to the testamentary dispo- sition of the decedent, subject also to the community debts. In case there is no will it M ITTHEWS's GUIDE. property to the legitimate i«««e of his or her body; and If there be no- ivor to the exclusion of collateral heir-. ui03.) ■A'luu any person dies Intestate, poast per- sonal ■ Idow, if any, shall have all articles of apparel or ornament, . nd also provisions and other necessaries for her use and thai of her family as may be deon cd in pursuance of law. rhe residue, after paying funeral expenses, shall be dlstribub i i > the same persons and In the Bame proportions as the real estate, except If the Intestate leave a husband and issue, the husband shall be entitled to one-half. If there be uo Issue, he shall have the whole. If the Intestate leave a widow and Issue she shall be entitled, to one-half, and if there Is no Issue she shall be entitled to the whole. EU ... '.10.) .:—i- abolished. Exemption.— All realand personal estate belonging to a married woman at the time of her marriage, and all Bhe subsequently becomes entitled to In her own i- i -_: 1 1 1 .and all her Ei ;l earnings, and all rents and profits ol Bucb real estate shall not !"• liable tor her ig as she or any minor heir of her body Is living, but hi r property Is liable for debts owing by her at the time of her marriage. To a householder, being the of a family, a homestead of tin.- value of one thousand dollars while occupied by such family. All wearing apparel, private libraries, not to exceed five hundred dollars In value, family pictures, and keepsakes. To each householder one bed and bedding, and one additional bed and bedding for every two additional members ol the family, and other household goods of the coin value of five hundred dollars. Two cows with their calves, five swine, two stands ol bees, thirty-six domestic fowls, and provislonsand fuel tor six months. To a farmer one span ol horses and harness, or two yokes of oxen, and one wagon with fanning utensils not exceeding live hundred dollars coin value, lechanic the tools used to carry on his trade for the support of himself and family, also material of the value of live hundred dollars. To a physician, his library, m og five hundred dollars in value, horse and carriage, instruments and medicines. To attorneys and clergymen, their libraries, not exceeding the coin value of one thou- sand dollars, also ..tine furniture, stationery, and fuel not exceeding in value two hun- dred dollars. Ail fire-arms kept for use, and a canoe, skiff, or small boat not exce< the coin value offlfty dollars. To a person engaged in lightering oneor more lighters or and a small l> tat, not exceeding the aggregate value of two hundred and fifty dol- I" a drayman his team. To a person engaged in logging, three voles of work . and implements of the value of three hundred dollars. No property shall be on- empt upon a judgment for its purchase price, or for a tax levied thereon. (R.C., Married Women— May sue and be sued without joining her husband, when the ac- tion concerns her separate* property, or her right or claim to the homestead property, or when she is living separate and apart from her husband, or when the action n between herself and her husband. If a husband and wife be sued together she may defend for her own right, and for his also if la- neglects to do so. I All property, both real and personal, owned by the wife before marriage, and that ac- quired afterward by gift, devise, or descent, is her separate property. Property thus ac- quired by the husband constitutes bis separate property. All property acquired during marriage except bv gift, devise, or descent constitutes their common property. It.''. A wife may receive the wages of her personal labor and maintain an action In her own name therefor, and may prosecute and defend till actions for the preservation and ;ion of her property rights, as if unmarried. it. C. J2404.) Contracts m made by a wile and liabilities Incurred, to the same extent as If unmarrie I. (R.C. i The husband ha- the management and control of the community property, and may dispose of the personal property, but he cannot sell or encumber the real estate without the wife Joins in executing the conveyance or incumbrance. i it. i UO.) All laws which Impose or recognize civil disabilities upon a wife which are not im- posed or recognized as existing as to the husband, are hereby abolished; provided that this shall not confer the right to vote or hold office upon i he wife, except a- is otherwise provided by law ; and for any unjust, usurpation of her natural or property rights Bhe shall have the same ri^ht to appeal. In her own individual name, to the courts of law or equity, for redress and protection, that her bus baud has. lb ucefortb the rights and tin" nt-. in the absence of misconduct, shall be equal, and the ■ ■r shall be as fully entitled to the custody, control, and earnings of the children as the father, and in case of the lathers death the mother shall come into as full and com- S control of the children and their estate as the father does In case of the mother's eatb." i'. Ml. in an l' -' l.i ENS.— Mechanics and material men may have liens on buildings and lam is on winch they stand, by filing notice thereof, within sixty days of the completion of the work or ft] robbing materials, with the county auditor, stating amount due above all set-oils. Suit mo I be brought within eight months after such filing, Lumbermen may have a similar lien on fogs and timber, and farm laborers on crops, by filing notice of lien in county auditor's (.nice within thirty days after debt accrued, and bringing suit thereon within one year thereafter. Mortgages— Are executed and acknowledged in the Bame manner as deeds, and may be foreclosed In a couri of equity Jurisdiction upon failure of the mortgagor to pay any Instalment ol the principal or Interest. \\iii-. Every male person above the age of twenty-one years, and every female above the age of elghtci u years, ol sound mind, may by last will devise bis or her real and personal estate. [R. ( '.. 1 1-. 1810.1 Every will shall be In writing, Blgned by the testator, or by s..mc person under his di- rection, ami shall be attested liylun or more competent witnesses, Subscribing Heir names in the pr ese nce of the testator, (R. C, f l3io.) MATTHEWS'S G^IDE. 97 WISCONSIN: French form of an Indian word signifying " Wild Rushing Channel," or u Mowing West," Also called the "Badger State." Settled in L669 at Green Lay." Formed part of the northwest territory ceded to the United States by Virginia and other States. Organized as a Territory April 20, 1836, and admitted as a State May 29, 1848. Area, in square miles, 53,924; in acres, 34,511,360 Counties, 67. Value of farrn lands and products, $568,187,288. Acres of improved farm land, 8,115,333. • Acres of woodland, 3,660,198. Acres of unimproved farm land, 4,583,715. Total farm land acreage, 16,359,246. Area of clear water lakes, in square miles, 3,000 ; in acres, 1,920,000. Madison is the capital of the State : population in 1885, 12,064. Milwaukee, the principal business center, is also a port of entry. It is noted for its pork packing and beer brewing. Population in 1885, 158,500. Population of State in 1885, 1,563,423. Temperature at Milwaukee, in winter, 19° to 31° ; in summer 66° to 70°. Rainfall, 30 inches. Farm products— crop of 1886: Indian corn: Product, 28,493,000 bushels; area in crop, 1,109,779, acres ; average yield per acre, 25.7 bushels ; value per bushel, 37 cents ; total valuation, $10,542,410. Wheat : Product, 14,725,000 bush- els; area in crop, 1,281,018 bushels; weight per bushel, 57.3 pounds; average yield per acre, 11.5 bushels ; value per bushel, 68 cents ; total valuation, $10,- 013,000. Rye: Product, 1,986,000 bushels ; area in crop, 172,674 acres ; average yield per acre, 11.5 bushels ; value per bushel, 48 cents ; total valuation, $953,- 280. Oats : Product, 39,656,000 bushels ; area in crop, 1,398,349 acres ; average yield per acre, 28.4 bushels ; value per bushel, 28 cents ; total valuation, $11, 103,680. Barley : Product, 6,991,000 bushels ; area in crop, 317,756 acres ; aver- rage yield per acre, 22 bushels ; value per bushel, 48 cents ; total valuation, $3,355,680. Buckwheat : Product, 261,000 bushels ; area in crop, 31,852 acres ; average yield per acre, 8.2 bushels ; value per bushel, 56 cents ; total valuation. $146,160. Potatoes : Product, 6,974,000 bushels ; area in crop, 108,974 acres ; average yield per acre, 64 bushels ; value per bushel, 42 cents ; total valuation, $2,929,080. Hay : Product, 1,924,237 tons ; area in crop, 1,732,486 acres ; average yield per acre, 1.11 ton ; value per ton, $8.60 ; total valuation, $16,548,438. Tobacco : Product, 23,744,000 pounds ; area in crop, 24,229 acres ; average yield per acre, 980 pounds ; value per pound, 10 cents ; total valuation, $2,374,400. Total area in crop, 6,177,117 acres. Total value of crop, $57,966,128. "Wages of farrn labor per month by the year : Without board, $24.65 ; with board, $16.80. Day wages in harvest : Without board, $1.80 ; with board, $1.44. Day wages of ordinary farm labor : Without board, $1.22 ; with board, 97 cents. Sorghum (1885:; Acres planted, 6,317 ; product, 599,031; value, $259,580.80. Maple sugar: Product, 166,803 pounds ; value, $19,705.59. Maple molasses : Pro- duct, 37,014 gallons ; value, $37,092.60. Bees (18S5) : Number of colonies, 51.917 ; wax, 44,281 pounds ; value, $247,- 481.80. Honey: Product, 1,432,766 pounds ; value, $160,076.75. Farm animals (January 1, 1888): Horses: Number, 412,687 ; average price $78.01 ; value, $32,441,507. Mutes: Number, 7,930 ; average price, $90.34 ; value, HATTHEWS'S GUIDE. 716 124 MU6h anas: Number, 548,222 ; average pri I: value, $13,064,130. .- Number, 640,752; average price, $20.97 ; total valuation^ Number, 1,123,866 ; average price, $6.02 ; total valuation, s • Number, 911,662; average price, $2.15 ; total valuation, $1,962,261. Wool clip in 1885: Product, 6,174,527 pemnds; value,fl,S3; Butter: Product 86,240,431 pounds ; value, $5,850,402.55. Cheese: Product, 33,478,900 pounds; value, $2,984,813.92. Number in 1885 offiumbands, 60,285. Average wages per annum, including board, $141. , Estimated number of persona employed in agriculture, in addition to 1 arm hands, 272,216. Total number of persona employed in agriculture, 332,501. Aggregate wages of farm hands, Including board, $8,549,540.25. Pish culture encouraged by the State. Institutions for the treatment of the insane and deaf and dumb and blind. , Mississippi river navigable throughout southwest boundary. (Jn Lake Michigan, on its east boundary, and on Lake Superior, on the north, are fine harbors. MAN1 i U n 1:1 - L885) : Lumber, shingles, and lathes; iron, lead, and leather; woolen and cotton fabrics; linseed oil. vinegar, whisky, and heer; earthenware, wood, drain tile, etc. Value of manufacturing establishments and their products, $193,700,167. Number of persons employed in manufactures, 71,185. Estimated number employed in other vocations, 179,848. Total persons employed, 583,534. In Grant, Lafayette, and Iowa counties are extensive mines of lead : in Crawford and Iowa counties native copper is found ; in Sauk, Ash- land, Jackson, and Dodge counties iron ores, and from Milwaukee clay is made the noted cream colored bricks. Railroads, June 30, 1887 : Mileage, 7,720; total track, 0,015.75 milea ; locomo- tives, 967; total revenue cars, 29,049. Colleges, 7. Public school system well managed and supported by ample funds. Suffrage exercised in school matters by women. Electoral college, 11. Presidential, congressional, and State elections held on Tuesday after first Monday in November; number of senators. .".:; — representatives. 100; biennial sessions of legislature in odd numbered years, meeting ond Wednesday in January; no limit to sessions; terms of sena- tors, 4 years — of representatives, -1 years. Legal interest, 7 per cent. ; by contract, 10 per cent. ; usury forfeits entire interest. State Laws in- Relation to Deeds, Dowse, Descent and Distribution of- Property, Married Woken, Mechanics' Libnb, Moktgages, and Wills, Deeds— Executed within the State <>r any Interest in lands therein must be executed in the presence of two witnesses, who shall subscribe their oames to the same as anch. and the personi executing any conveyance must acknowledge the execution thereof MATTHEWS'S GUIDE. 99 before any judge or court commissioner, clerk of a court of record, county clerk, register of deeds, notary public, or justice of tbe peace; and the officer taking such acknowledg- ment must indorse thereon a certificate of acknowledgment and the true date of the making of the same under his hand. Trust Deeds.— Trust deeds are not in general use in this State. Descent and Distribution of Property.— Real property undevised descends, subject to the debts of the decedent, also to homestead and dower rights of the widow, and husband's rights as tenant by the«curtesy, as follows, if not a homestead : 1. In -equal shares to his children and to the lawful issue of any deceased child by right of representation. 2. If he or she leave no issue, to widow or surviving husband. 3. If no children, surviving husband, or widow, to the parents or survivor of them. 4. If he leave no issue, or father or mother, to his brothers and sisters and their children by represen tation. 5. If he leave no issue, widow, father, mother, brother, or sister, to his next of kin. 6. If he leave no widow, or kindred, the property shall escheat to the State and be added to the capital of the school fund. The homestead, if undevised, shall descend free of all judgments and claims, as fol- lows : 1. If he leaves no lawful issue, to his widow. 2. If he leave widow and issue, to his widow during her widowhood, and upon her marriage or death to his heirs; and if he leave issue and no widow, to such issue. The homestead will descend free from all claims unless there be no widow and no child, or no child of any deceased child. Personal property undevised is distributed as follows: 1. A widow is allowed all her apparel, ornaments, and all wearing apparel and ornaments of the deceased, household furniture not exceeding in value two hundred and fifty dollars, and other personal prop- erty to be selected by her, not exceeding in value two hundred dollars. 2. A widow and minor children constituting the family are entitled to such reasonable allowance of the personal estate as the county court shall judge necessary for their maintenance during the settlement of the estate. 3. Children under seven years of age having no mother are •entitled to an allowance for their maintenance until they arrive at the age of seven years. 4. The residue is to be distribtued in the same manner as real estate, except that when the deceased shall leave a widow and issue the widow takes a child's share. Dower. — The widow of every deceased person is entitlad to dower or use during her natural life of one-third part of all the lands whereof her husbund was seized of an estate of interitance unless lawfully barred. Exemptions.— 1. The family Bible. 2. Family pictures and school books. 3. The library of the debtor. 4. The seat or pew in any place of public worship. 5. All wearing apparel of the debtor and his family ; all beds and bedsteads and bedding kept and used for the debtor and his family ; all stoves and appendages kept for the use of the debtor and his family ; all cooking utensils and all other household furniture not exceeding two hundred dollars in value, and one gun, rifle, or other firearm not exceeding fifty dollars in value. (3. Two cows, ten swine, one yoke of oxen and horse or mule, or in lieu of one yoke of oxen or horse or mule, two horses or two mules, ten sheep and the wool from the same, either in the raw material or manufactured into yarn or cloth. The necessary food for one year's support for all the stock, also one wagon, cart or dray, one sleigh, on'» plow, one drag, and other farming utensils, including a tackle for teams, not exceeding two hundred dollars in value. 7. The provisions for the debtor and his family neces- sary for one year's support, and fuel necessary for one year. 8. The tools, implements, and stock in trade of any mechanic, miner, merchant, trader, or other person, used or kept for the purpose of carrying on his trade or business, not exceeding two hundred ■dollars in value. 9. All sewing machines owned by individuals and kept for the use of (themselves or family. 10. Any sword, plate, books, or other articles presented or given to any person by congress, legislature, or any of the United States, or by either body oi •congress or of such legislature, whether presented by vote or raised by subscription of the members of either of the aforesaid bodies. 11. Printing material and press or presses used in the business of any printer or publisher, to an amount not exceeding fifteen hundred dollars in value, provided no sum exceeding four hundred dollars shall 'be exempt from payment of employees. 12. Horses, arms, equipments, and uniforms of all officers, non-commissioned officers, and privates used for military purposes in the ■organized militia of the State. 13. All books, maps, plats, and other papers kept or used by any person for the purpose of making abstracts of title to land. 14. The interest owned by any inventor in any invention secured to him by letters patent of the United States. 15. The earnings of all married persons and other persons having a family de- pendent upon them for support, for three months next preceding the issue of an attach- ment, execution, or garnishment, to the amount of sixty dollars only for each month. 16. All fire engines, apparatus, and equipments used or to be used for the protection of property from fire. 17. All moneys arising from insurance of any exempt property when such property has been destroyed by fire. 18. All private property is exempt from seiz- ure and sale upon execution issued to enforce a judgment or decree which shall have been rendered against any county, town, city, village, or school district of the State. 19. All moneys arising on any policy of insurance on the life of a minor, payable to his father or mother, or both, shall be exempt against, the creditors of such father or mother, but not against the creditors of such minor. 20. All cemetery lots owned by individuals and all monuments therein, the coffins and other articles for the burial of any dead person, and the tombstone or monument for his grave, by whomsoever pur- chased. No property exempt by the provision of this section shall be exempt from at- tachment or execution issued upon a judgment in an action brought by any person for the recovery of the whole or any part of the purchase money of the same property. The ex- emptions provided for in subdivisions above numbered three, six, seven, eight, nine, eleven, thirteen, fourteen, seventeen, and nineteen extend only to debtors having an ac- tual residence in the State, and when such debtors and their families, or any of them, shall be removing from one place of residence to another. The property mentioned in iSubdivisions5, 6, 11, 13. 14, 15, 17, andlOis not exempt as against domestic labor in the UATTHEWS's GUIDE. dwelling house of tbo employer. The exempt proper:-. leoted by the debtor. /•in. clerk, or legal representative, \\ ben necessary to dis; ingulab tbesame. Wben personal property Isselzedanda part of snob property is exempt, the officer making such seizure shall cause an appraisal !• > !><• made of the exempt property, which appi willb dence ofthevalue of the property appraised, for the purpose of Bach exemption. A homestead to be selected by the owner, consisting, when not in- cluded hi any city Or Village, Of any quantity Of land not exceeding forty acres, used lor tltural purposes, and when Included In airy city or village, «>t any quantity of land qoI exceeding one-fourth of an acre and the dwelling house thereon andltsappurtei owned and occupied by any resident of the State, is exempl from execution except on laborers' or mechanics' purchase money hens and mortgages and taxes. Proceeds of a homestead are exempt. Makuikd Woken.— The real and personal property of any married female shall not be subject to the disposal ol her husband, or be liable for his debts, but shall be her Bole iparate property, as If she were unmarried. Any married female may receii e by Inheritance, or by gift, grant, devise, or bequest from any person except tier husband, and hold to her sole and separate use and convey and devise the same a married woman has the right to transact business In her own name and not be subject toiler husband's control or Interference, OT liable for his debts, if her husband desert her, or for any cause neglects or refuses to provide for her support or for t be support and educa- tion Of her children. Every married woman may sue and be sued In her own name, in regard to ber separate property or business, and a Judgment may be rendered ags her and enforced against ner separate property. Any married women may sue in ber own name' for any injury to her person or character, and in act ions between herself ;i n : her husband. Mechanics' Likns.— Every person furnishing labor, materials, or machinery, in the erection, construction, repair, protection, or removal of anj building, bridge, wat< wharf, well, or fountain, may have a lien thereon to the extent of forty acres, or within the limits of an Incorporated city or village, one-quarter acre. A elalm for hen must be filed with t be clerk of the circuit court wit bin six months from the date of the last charge, and action brought within one year from such date, unless, within thirty days i the expiration or the year, the time is extendad for another year, by annexing to the claim on file an affidavit showing the interest of the claimant in the property by virtue Of such lien. Sub-contractors have a similar lien to the extent of amount due from owner to con- tractor. If claim is filed within sixty days after the last charge. MORTGAGES.— Mortgages are executed the same as deeds. Wills.— Every person of full age. and any married woman of the age of eighteen years, may dispose of his or her property by a last will and testament in writing. No will, ex- cept a nuncupative will is valid unless it bo in writing, and signed by the testator, or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses. WYOMING: An Indian word signifying " Large Plains." Original settlements the trading posts of Forts Laramie and Bridger. Part of the so-called "Louisiana Purchase" ceded hy France in 1S03 to the United States. Included within Territory of Nebraska. Separated from Nebraska and organized as a Territory July 25, 1SG8. Area: In Bquare miles, 97. 880; in acres, 62,645,120. Average alti- tude, 4,800 feet. Counties, 10. Cheyenne the capital : population. .",. 156. Temperature: At Cheyenne, in winter, 23° to 33°; in summer, 63° to G9°. Rainfall, 15 inches. Population estimated at 85,000. Farming an important and increasing industry, but depends L r reatlv upon water artificially applied. Great progress in building irriga- tion canals. Crops: Wheat, oats, barley, and rye; also vegetablee of the richest flavor. Potatoes an abundant crop. Oats, the staple crop, reached, in 1880, GO bushels to the acre, weighing 40 pounds to the bushel. Oat straw valuable as winter feed lor cattle. Excellenl hay of timothy and alfalfa, cropping two and three times a year, and one ton being worth 2 or 3 tons of ordinary western prairie haw MATTHEWS'S GUIDE. 101 Lands abundant. Soil rich, crops plentiful, and farming possibilities very great. Agricultural Statistics : No. of farms (1880), 457; total land in farms, 124,433 acres; improved land in farms, 83,122 acres. Total value of farms, $835,395. Farm products — crop of 1880: Wheat: Product, 63,000 bushels ; area in crop 3,339 acres; average yield per acre, 18.9 bushels; value per bushel, 70 cents total valuation, $44,100. Oats: Product, 86,000 bushels ; areain crop, 2,756 acres average yield per acre, 31.2 bushels ; value per bushel, 55 cents ; total valuation, $47,300. Potatoes: Product, 124,000 bushels; area in crop, L,293 acres; average yield per acre, 96 bushels ; value per bushel, 75 cents ; total valuation, $93,000. Hay : Product, 100,045 tons ; area in crop, 93,500 acres ; average yield per acre, 1.07 ton ; value per ton, $11 ; total valuation, $1,100,495. Total area in crop, 100,888 acres. Total value of crop, $1,284,895. Wages of farm labor per month by the year: Without board, $37; with board, $25. Day wages in harvest: Without board, $2; with hoard. $1.30. Day wages of ordinary farm labor : Without board, $1.50 ; with board, $1.10. Farm animals, January 1, 1S88: Horses: Number, 99,000; average price, $43.80 ; value, $4,336,279. Mules : Number, 2,936 ; average price, $77.64 ; value, $227,964. Milch cows: Number, 6,994; average price, $35; value, 8244,790. Oxen and other cattle : Number, 1,230,192: average price, $19.11 ; value, $23,504,- 60.">. Hogs : Number, 2,613 ; average price, $6.64 ; value, $17,358. Sheep: Number, 523,340 ; average price, $2.08 ; value, $1,089,855. Wool clip (1880), 691,650 pounds. Dairy products (18S0) : Milk, 75,343 gallons ; butter, 105,643 pounds ; cheese, 2,030 pounds: Live stock raising (cattle, horses, and sheep) heretofore the prin- cipal industry. Grazing area very large. Horse raising very impor- tant. Many large horse ranches — horses bred for the saddle, the farm, the road, the dray, the carriage, and the race track. Wyoming Stock Growers' Association represents 2,000,000 cattle, over 1,000,000 horses, and several hundred thousand sheep, valued in all as worth $100,000,000. But much capital heretofore invested in cattle raising now diverted to the raising of farm products. Manufactures (1880) : Number of establishments, 57 ; capital, $364,373 ; average number of hands employed, 391 ; total wages paid per annum, $187,798 ; value of materials, $601,214. Value of products: Iron and steel, $491,345 ; all other industries, $407,149. Total value of products of manufactures in 1S80, $898,494. Works for the manufacture of window glass at Laramie city a great pecuniary success. Soda, limestone, and sand, all the necessary in- gredients for the manufacture, in inexhaustible quantities, at very door of factory. All the West open as a market for the glass. Mining progressing. Regions rich in copper, silver, mica, and iron. Gold in paying quantities found at South Pass and Douglas Creek. Rich in coal beyond computation. Coal found everywhere, and of a very excellent bituminous quality. Bituminous coal output of 1887, 1,170,318 tons. 102 MATTHEWS8 GUIDE. Largest coal mines those worked by the Union Pacific Railroad Company, of which the Rock Spring is best, although all mined in the Territory excellant heating and steam coal. Oil fields richest in the world. Estimated area of coal fields, 30,000 square miles. The Laramie Chemical Works in operation for years, and doing a large business. Dailv product, 32,800 pounds of concentrated lye, caustic soda, Boda ash, and salt cake Soda, all sodium salts exclusive of common salt, very purr soda, in inexhaustible bodies, and destined to become of great commer- cial value. Common sail in (rook county. Various rock species in abundance: granite, grey, brown, and red ; beautiful marble, resembling Italian marble, of the purest and finest quality and of every variety, pure white, black, pink, gray, -potted. and Bprangled; limestone: sandstone, white, gray, and red; slate-. etc. Brick clay in all part- of the country. Not a timber country. Healthy growth of large pine timber in some places on mountains, but as a rule trees small and forests light, except in region around Yellowstone National Park. Timber on mountain sides difficult to get at. Railroads, June 30, 1887 : Mileage, 833.30 ; b »tal I rack, 866.62 miles ; locomo- tives, 40; total revenue care, 1,196. Yellowstone National Park located in Territory. Public schools rank first class ; average attendance fair. University at Laramie city. Insane asylum at Evanston, and blind, deaf, and dumb asylum at Cheyenne. Poor asylum at Lander. Assessed valuation of property, 832,089,613. Territorial and congressional elections Tuesday after first Monday in November; Senators,, 12— representatives, 24 ; biennial sessions ol legislature in even numbered years, meeting second Tuesday in Janu- ary; limit of Bession, 60days; terms of Senator- and representatives, 2 years. Legal interest rate, 12 percent; by contract, any rate. Territorial Laws is Relation to Deeds, Dower, De» bnt am. Dktribi tion oi Property, Married Women, Mechanics' Liens, Mortgages, \m> Wills. Deeds- Conveyances of land, or of any estate or Interesl therein, maybe made by deed slimed and Bealed by the grantor, or i>y his Lawful agent or attorney and acknowl- edeed or Droved and recorded. Bnchdeed must, If executed within this territory, to a.-ii in the presence of one witness, who shall subscribe his name to the same as Midi- and any person executinga deed or mortgage may acknowledge the »ame before Bn y f a d r commissioner of a court of record, or before any notary publlcorjustlceol ^Ir^dwd'oVmorK^snall secuted In any other State, Territory or District of the United Btates, the same may be executed according to the lawsof such Btate, Terri- tory or District, by any officer authorized by the tawsoTsuch State, Territory, or District to take the acknowledgment of deeds or mortgages therein, or before any unlssloner appointed by the governor of this Territory for that purpose in the case where dee''>° Sir north latitude, or the m»rth boundary of the state of Texas, and will govern the proposed Burveys in the strip of public land- inclosed between the States of Kansas and Colorado on the north, the Indian Territory on the east, the State of Texas on the south, and the Territory el' New .Mexico on the EXECUTION OF BURVEYS. The United State- surveyor-general for the district enters into contract with a deputy surveyor, after being commissioned, tor the survey of either stand- ards, townships, or subdivisions. The contract specifies the localities where surveys are to be made, duration of the time within which the work is to be re- turned, the price of survey per lineal mile, including all contingent expj to be borne by the deputy surveyor, who is required to execute the work in his own proper person, sub-contracting being illegal, and the contract must be ap- proved by the Commissioner of the General Land Oliice. The lines of public surveys over level ground are measured with a four-pole chain, sixty feet in length", SO chains constituting one lineal mile, but with a two-pole chain where the features of the country are broken and hilly. The lines thus chained are marked through timber land by chops on line-trees on and in the absence Of such trees those standing nearest the survey on both -ides are blazed diagonally toward the line run. Trees standing at the precise spot where legal corners are required arc made available. If no such trees are there, then the corners are perpetuated by posts or stone-, with in- scriptions, and the positions of the same are indicated by witness tree- or mounds, the angular bearings and distances from the corner being ascertained and described in the field-notes. The lines intersecting navigable Btreams, the area of which are excluded from sale, require the establishment of meander corner posts, the courses and distances on meandered navigable streams gov- erning the calculations from which the true contents of fractional lots are com- puted and expressed in township plats. Township corner-posts, or stones com- mon to four townships, are set diagonally, properly marked with six notches on each of the four angles set to the cardinal points of the compass; and mile posts on township lines are marked with as many notches on them as they are miles distant from the township corners respectively ; the four -ides of the township and section posts, which are common to four townships or sec- tions, are marked with the corresponding number of sections. Tie- principal meridian, base, standard and guides having been first measured and marked, and the corner boundaries thereon established, the processof sur- veying and marking the exterior lines of townships, north and south of the base, and east and west of the meridian, within those standard Lines, is pro- d with. The public lands are first surveyed into rectangular tracts, according to the true meridian, noting the variation of the magnetic needle. Thesetracts are called townships, each six miles square, having reference toan established prin- cipal base-line on a true parallel of latitude, and to Longitude styled principal meridian. Any series of contiguous townships, north or south of each other, constitutes a range ; the townships counting from the base, cither north or south, and the ranges from the principal meridian, either east or west. _ Each township i- 1 subdivided into .'Hi sections of one mile square, or 640 acres ; in all, 23,040 acres. The "sections being numbered, respectively, beginning with the number one in the northeast section and pro.,, ding west and east alternately. MATTHEW* S GUIDE. 113 through the township, with progressive numbers till the 36th be completed," ;is shown by the following diagram: 6 7 18 19 30 31 5 8 17 20 29 32 4 9 16 21 28 33 10 15 22 27 34 2 11 14 23 26 35 1 12 13 24 25 36 In establishing and surveying a base-line from the initial point east and west, quarter-section, section^ and township corners are established at every 40, 80, and 480 chains, respectively, which are for sections and townships lying north of the base, and not for those situated south. In surveying the principal meridian north and south of the initial point, similar corners are established, which are common for townships lying imme- diately east or west. Standard parallel or correction lines are run east and west from the principal meridian with similar character of corners as on the principal base and meridian, and constitutes special bases for township lines lying north thereof, the correction lines being run and marked at every four townships, or 24 miles north of the base, and at every five townships, or 30 miles south of the same. Guide meridians are surveyed at distances of every eight ranges of townships, or 48 miles east and west of the principal meridian ; the guides north of the principal base starting either from it or from standard parallels. They are closed by meridional lines on other standard parallels immediately north, while those lying south of the principal bases start in the first instance from the first standard parallel south, and are closed by meridional lines on the princi- pal base. Then the guides begin on the second standard parallel south, and close on the first standard parallel south, again starting from the third stand- ard parallel south, and closing on the second standard parallel south, and so on. The closing corners on the principal base and standard parallel are estab- lished at points of convergency of the meridians, which occasion a double set of corners on the principal base and correction, or standard parallels, styled " standard corners " and " closing corners." This process requires offsetting of the guide meridians to the extent of the convergency of the meridians on each of the standard parallels and bases. The principal base, principal meridian, standard parallels, and guide merid- ians, constitute a framework of the rectangular system of public surveys. Within these limits any errors are avoided which otherwise would result from adher- ing to the surveys made as the law directs, to the true meridian, in consequence of the convergency of meridians and of measurement over uneven surfaces. The surveys of the standard lines are made with instruments operating in- dependently of the magnetic needle, the magnetic being noted solely to show the true variation. These lines divide the sphere of field operations into paral- lelograms of 48 by 24 miles north of the principal base, and 48 by 30 miles south, the convergency of the meridians in the former instance being greater than in the latter. The parallelograms formed by meridians and parallels are in their turn sub- divided into townships, and the latter ultimately into sections with an ordi- nary but perfectly adjusted compass. These parallelograms also serve to con- 114 matthewb'b '.TIDE. nect distant surveys from those progressing regularly from the initial point, if fir-t required, for the convenience of remote settlements or other consider- . The township lines start from the standard corners, pre-estahlished on the principal I tandard or correction parallels, and are surveyed to th< ired within each parallelogram. On those lines quartcr-sei tion, and township corners are fixed to govern the Buhdivisional work of the ctions. tfont mile square are the smallest tracts, the out-boundari which the law requires to be actually surveyed. Their minor subdivisi •e'.itcd in lines drawn on the township plats, are not surveyed and marked in the field. They are defined by law, and the surveyors-general, in protracting township plats from the field-notes of sections, merely designate them in red ink, the lines being imaginary, connecting opposite quarter-section corners in each section from south to north, and from east to west, thereby divid- ing sections into four quarter-sections of 160 acres each, and these, in their turn, into quarter-quarter-sections of 40-acre tracts, by imaginary lines, Btarting from the equidistant points between the section and quarter-section corners to similar points on the opposite sides of the section. Each section containing G40 acres, subdivided into legal subdivisions, affords forty different descriptions, susceptible of being disposed of to purchasers or settlers, from (>10-acrc tracts to 40-acre parcels. This convenient mode of subdividing sections with a view to economy and to facilitate sales of small tracts, although not actually marked on the ground by metes and bounds, yet under laws OI Congress are susceptible of demarka- tion by any surveyor in the different States and Territories in accordance with the field notes of the original survey made by United States officers. The instruments employed in the held work by United States surveyors consist of solar compasses, transits,-- and common compasses of approved con- struction; four-pole chain- and two-pole chains, of 100 and 50 links, respec- tively, each link of the chain being equal to 7.02 inches. The surveyor's chains red with standard chains and standard yard measures furnished Burv ral by the government. The measurement of the lines of public surveys is horizontal, requiring shortening of the chain over abrupt and undu- lating surface ; the navigable lakes and water courses are segregated from the land, the same being declared by law public highways and not subject to sale. SPECIAL SURVEYS MADE OX PRIVATE APPLICATION. Under sections 2401 to 2403, Revised Statutes United States, and supplemen- tal enactments, settlers in any township on the public domain, not mineral or red, and unsurveyed,can make application to a surveyor-general forasur- which is done in the manner above set out— accompanied by a certificate of deposit from a United States depositary, covering the amount try to pay for the same. The lands are then surveyed and duly returned. The triplicate certificate of deposit retained by the settlers is received at the various district land offices in payment for lands under the pre-emption and homestead laws. MANNER IN WHICH rUBLIC LANDS MAY HE DISPOSED OF. In reply to a communication of Hon. William S. Ilolman, chairman of the Bouse Committee on Public Lands, Commissioner Stockslagerj of the General Land Office, reported the following "synopsis of the manner in which public kinds may now be disposed of: " 1. At public sale to the highest bidder, by proclamation of the President, or after public notice by order of the Commissioner of the < teneral Land office. (Sections 2353 and 2455, U. S. Revised Statutes.) Minimum price, $1.26 per acre, or $2.50 per acre, as the case may be. (Section 2357, U. S. Revised Stat- utes.) MATTHEWS'S GUIDE. 115 2. At private entry at same minimum, under section 2357, U. S. Revised Stat- utes. 3. By pre-emption, under sections 2257 to 2288, U. S. Revised Statutes, same minimum price. 4. By homestead, under sections 2289 to 2312, U. S. Revised Statute?, with nominal fee and commissions, or when commuted to cash entry, then the mini- mum prices aforesaid, under section 2357, U. S. Revised Statutes. Also, "addi- tional homesteads " allowed in certain cases underacts of March 3, 1879. and July 1, 18/9, and in certain other cases to soldiers under section 2300, U. S. Re- vised Statutes. 5. By sale of timber or stone lands, or lands unfit for agriculture, and chiefly valuable for timber or stone, in California, Oregon, and Nevada, and in Wash- ington Territory, remaining unofi'ered ; minimum price, $2.50 per acre. (Act June 3, 1878.) G. By entries for timber culture under act of June 14, 1878 (20 Stat., 113). No price per acre ; nominal fees paid. 7. By sale of town lots under sections 2380 and 2381, U. S. Revised Statutes, at the appraised value of lots as the minimum. 8. By sales of town lots under sections 2382 to 238G, U. S. Revised Statutes ; minimum price, $10 per lot. 9. By sale of townsites under sections 23S7 to 2390, U. S. Revised Statutes ; minimum price, $1.25 per acre or $2.50 per acre, as the case may be, under sec- tion 2357, U. S. Revised Statutes. 10. By pre-emptions for county seats, under section 2286, IT. S. Revised Statutes ; minimum price, $1.25 or $2.50 per acre, as the case may be, under section 2357, U. S. Revised Statutes. 11. By location of military bounty land warrants issued for a limited number of acres, and receivable at the rate of $1.25 per acre for lands held at $1.25 per acre, or $2.50 per acre, minimum, as the case may be, under section 2357, TJ. S. Revised Statutes. Warrants, provided for in sections 2414 to 2446, U. S. Revised Statutes. 12. By location of agricultural college scrip (act of July 2, 1862), same as military bounty land warrants next above. 13. By locations of supreme court or indemnity private land claim scrip (acts •of June 22, 1860, and June 2, 1858), same as next above. 14. By locations of Sioux half-breed scrip (under act of July 17, 1S54, 10 Stats., 304), on lands held at $1.25 or $2.50, minimum price, as the case may be, under section 2357, Revised Statutes. 15. By locations of various classes of scrip, issued to individuals under special acts of Congress, locatable some of it, upon lands held at $1.25 per acre, mini- mum, some, upon either $1.25 per acre or $2.50 per acre, minimum ; such as Porterfield scrip, Valentine scrip, Cole's scrip, Chippewa scrip, and Revolu- tionary bounty land scrip, the latter receivable as money, at $1.25 for each acre called for therein. [ 16. Mineral entries, lode claims, and placer claims, the former at $5, the latter at $2.50 per acre, minimum. 17. Desert lands in quantities not exceeding 640 acres at $1.25 per acre, mini- mum, or $2.50 per acre, minimum, as the case may be, under section 2357, XL S. Revised Statutes. 18. Cei"tain lands, containing salt springs, formerly reserved by acts of Con- gress, may now be sold at public auction, or after offering at such sale, if then ■unsold, by private entry, at the minimum price of $1.25 per acre, under act of January 12, 1877 (19 Stats. 221). 19. Coal lands are sold under sections 2347 to 2352, TJ. S. Revised Statutes, at the minimum of $10 per acre, if situated more than 15 miles from any com- pleted railroad, and $20 per acre, if situated within 15 miles of such road. 20. Selections under congressional grants of swamp lands by acts of March 2, 1849, September 28, 1850, and March 12, 1860; of indemnity for swamp lands under act of March 2, 1855, and March 3, 1857 ; of school indemnity under sec- tions 2275 and 2276, U. S. Revised Statutes, and various other enactments; 116 MATTHEWS'S GUIDE. under grants far universities, by various acts of Congress, and under the various railroad grants. The Beveral existing laws for the sale and disposition of the public domain, as above summarised, permit entries and locations by individuals, associations, and corporations. A single man, a married man, a single woman, or a married woman, it i legally) the head of a family, citizens of the United States, or having declared their intentions to become such, can have the benefits of the several settlement laws. The theorv of the settlement laws is that an individual, if he be not already the owner o'f 320 acres of land, can purchase 100 acres under the pre-emption act after six months' settlement, occupation, and improvement, and can acquire 160 acres under the homestead act bv residence, improvement, and cultivation for a term of live years, with certain legal rebates as to time of settlement, or can purchase at the end of six months by commutation. Under the several settlement and occupancy laws, however, a person can legally acquire 1,120 acres of the public domain. CLASSIFICATION. The existing laws recognize several classes of lands, us follows : Mineral.—'' In all cases 'lands valuable for mineral' shall be reserved from sale, except as otherwise expressly directed by law." (Section 231S, R. S.) Timber and stone.— Lands valuable chiefly for timber and stone, unfit for cul- tivation. Saline.— Salt springs. Townsite lands.— Any unoccupied public lam Is. Desert.— Lands which will not, without irrigation, produce an agricultural crop. . . Coal lands.— Lands containing coal. And all others as agriadtural. Special laws are provided for each of the seven classes named. Lands re- served or withdrawn "are not subject to entry or location." AGRICULTURAL LANDS. Agricultural lands can be taken in tracts of from 40 to 160 acres under the pre-emption, homestead, and timber-culture acts, or purchased at public sale or private entry. Of agricultural public lands there are two classes : the one class at $1.26 pel which is design nam, and the other at $2.50 per acre, or double minimum. The latter class consists of the tracts embraced within the alternate sections of land reeerv< d to the United States in acts of Congress makinggrants within prescribed limits of the lines of railroads, or other works of internal improvements, to aid in the construction thereof, such reserved sections being double in price. Congress, by an act approved June 15, 18S0, reduced to $1.25 per acre any lands then subject to entry (meaning, in this connection, ordinary cash entry of offered lands), which were put in market at the enhanced price prior to the 1st of January, 1861. Title may be acquired by purchase at public sal-, or by ordinary "private entry." and in virtue of the pre-emption, home- stead, timber-culture, and other laws. PUBLIC OFFERING AND PRIVATE ENTRY. Lands are sold at public sale after offering in the manner indicated in various itesand official regulations, but no lands can be entered at private sale unless they have tirst been offered at public sale. The area of lands that can be so entered is small and they lie in isolated tracts in various States and Territories, except the total area of surveved offered public lands in the live southern States of Alabama, Arkansas, Florida, Louisiana, and Mississippi, which can be purchased at anv district land office in said States in Legal subdivisions, having been duly MATTHEWS'S GUIDE. 117 offered under the act of Congress of June 22, 1876, but all the public lands in these live States are now only subject to disposal under the homestead laws, all other disposals thereof having been suspended by joint resolution of May 18, 1888, as amended by joint resolution of July 10, 1888, pending certain proposed general public land legislation, or until the end of the present Congress. It is contrary to the present policy of the government to sell the public lands at either public sale or ordinary private entry. But few lands have been offered at public sale for many years, except the general offerings in the Southern States above referred to, and all lands suitable for agriculture are under the existing policy held for disposal to actual settlers, so far as certain anomalies in subsisting legislation admits of. METHODS OF ACQUIRING TITLE. Title may be acquired by sale at auction, private entry or location, cash pur- chase, or entry under the several settlement and disposition laws by persons, associations, or corporations. BY PURCHASE AT PUBLIC SALE. This may be done where the lands are " offered " at public auction to the highest bidder, either pursuant to proclamation by the President or public notice given in accordance with directions from the General Land Office. BY " PRIVATE ENTRY " OR LOCATION. The lands liable to disposal in this manner are those which have been offered at public sale, which were not then sold, and which have not since been re- served or otherwise withdrawn from market. The area of such lands is small in the West, but almost the whole of the surveyed agricultural and other pub- lic lands lying in Alabama, Mississippi, Florida, Arkansas, and Louisiana can be purchased under the act of June 22, 1876, subject to the suspension above stated. In this class of offered and unreserved public lands the following steps must be taken to acquire title : 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 following : No. . Land Office, at {Date) , 18—. I, — , of county, do hereby apply to purchase the of sec- tion , 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 described contains acres, as mentioned above, and that the price agreed upon is per acre. , Register. Thereupon the register, if the tract is vacant, will so certify (see bottom of blank above) to the receiver, stating the price, and the applicant must then pay 4he amount of the purchase-money. receiver's receipt. The receiver will then issue his receipt for the money paid, in duplicate, giv- ing to the purchaser a duplicate receipt, form following : No. . Receiver's Office, at , {Date) , 18—. Received from , of county, , the sum of dollars and cents, being in full for the quarter of section No. , in township 118 MATTHI v *S CDE. No. , of range No. , containing acres and hundredths, at $ per acre $ . , Recc' tv * Tin- register will then issue his certificate of purchase, en which patent is- issued, form following: No . Land Office at , [Data , IS—. It is hereby certified that, in pursuance of law, , of county, i of -, on this day purchased of the register of this office the lot or tion No. ,in township No. , of range No. .containing acres, at the rate of dollars and ^ cents per acre, amounting to dollars and cent-, for which the said ha — made payment in full as re- quired by law. Now, therefore, be it known, that on presentation of this certificate to the Commis- sioner of the General Land Office, the said shall be entitled to re- ceive a patent for the lot above described. , Regitter. At the close of the month the register and receiver will 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 dupli- cate receipt such patent will be delivered, at the option of the patenter, either by the Commissioner at Washington or by the register at the district land office. 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 warrant, must pay in cash $1.25 per acre, as the warrant is in satisfaction of only so many acres at $1.25 per acre, or furnish a warrant of such denomination as will, at the legal value of $1.25 per acre, cover the rated price of the land. For example: A trad of 40 acres of land, held at $2.50 per acre, can be paid for with a warrant calling for 40 acres and the payment of $50 in cash, or by surrendering an eighty-acre warrant for the same— -the 40 acres to be in full satisfaction for the said loca- tion ; or a tract of 80 acres, rated at $2.50 per acre, can he paid for by the sur- render of two eighty-acre warrants. If there is a small excess in the area <>f the tract over the quantity 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 he held until the patent is delivered, as in cases of cash sale-. Registers and receivers of the local land offices are entitled to the following fees for their services in locating warrants, and the several amounts mentioned must be paid at the time of location : For a 40-acre warrant, $0.60 each to the register and receiver; total, (1. For a GO-acre warrant, $0.75 each to the register and receiver; total, $150. For an 80-acre warrant, $1 each to the register and receiver; total. $2. For a 120-acre warrant, $1.60 each to the register and receiver; total, $:;. For a 100-acre warrant, $2 each to tho register and receiver ; total, $4. AGRICULTURAL COLLEGE sciill'. This scrip may be used — First. In the location of land at "private entry," but when so used is only ap- plicable to lands not mineral which may be subject to private entry at $1.25 per tricted to a technical u quarter section" — that is, land embraced t>y the quarter section Lines indicated on the official plats of survey; or it may be Located on a part of a " quarter section," where such pari is taken as in full for a quarter; hut it cannot he applied to different subdivisions to makean area equivalent to a quarter section. The manner of proceeding t<> acquire title with MATTHEWS'S GUIDE. 119 this class of paper is the same as in cash and warrant cases, the fees to be paid being the same as on warrants. The location of this scrip at private entry is re- stricted to three sections in each tovmship of land, and one million acres in any one Stale. ... i , , Second. In payment of pre-emption claims, in the manner and under the same rules and regulations as govern the pre-emption of military land warrants ; this, too, without regard to the limitation as to the quantity located in the township or in any State. Third. In payment for homesteads commuted under section 2301 of the Re- vised Statutes of the United States. There is but little of this scrip now outstanding, most of it having been located and satislied. SUPREME COURT SCRIP. 'his scrip is issued under the acts of Congress of June 22, 18G0, March 2, 1867, le 10, 1872, and January 28, 1879, in satisfaction of private land claims not Thi June satisfied " in place," the several certificates of which, representing various quan- tities of land, according to the circumstances of the respective cases, may be located in legal subdivisions on any public land subject to sale at private entry at $1.25 per acre, any small excess in such subdivisions over the area called for in the scrip to be paid for in money ; or they may, under the second section of the act of January 28, 1879, be received from actual settlers in payment of pre- emption claims or in commutation of homestead claims, even where the same embrace lands subject to entry at the double minimum price of $2.50 per acre, in the same manner and to "the same extent as is authorized bv law in the case of military bounty land warrants. SURVEYOR-GENERAl/s CERTIFICATE, ACT JUNE 2, 1858. The fourth section of the act of January 28, 1879, declares that its provisions respecting the assignment and patenting of scrip and its application "to pre- emption and homestead claims shall apply to the indemnity certificates of lo- cation provided for in the act of the 2d of June. 1858, entitled "An act to pro- vide for the location of certain confirmed private land claims in the State of Missouri," and for other purposes. The general principles hereinbefore laid down in regard to scrip issued under the act of June 22, 1860, are applicable to the class of certificates issued under the act of June 2, 1858. A party desiring to locate a certificate of Supreme Court scrip or surveyor- general's certificate under the act of June 2, 1858, must make application to the register and receiver according to form prescribed as follows, viz : ACTS OF JUNE 22, 1860, march 2, 1867, AND JUNE 10, 1872. Register and Receiver's \ / Scrip, No. . No, Scrip issued by virtue of a decree rendered on the day of , or legal representatives. X ; 1 hereby apply to locate with the above described certificate quarter of' section No. -, in township No. , of range No. , gontaining acres, in the district of lands subject to sale at Witness' my hand this day of , A. D. 187- Attest : , Register. , Receiver. The location being allowed the applicant surrenders his scrip, and receives a duplicate certificate of entry, according to the following form, which he sur- renders when he receives patent for the land, viz : 120 MATTHEWS GUIDE. Acre of junk 22, I860, mabch 2, 1867, and jink 10, 1872 Certificate of Entky. Rsuistek and Ri:< i;ivi:i:V No. United States District Land Office AT , , 197-. We certify that certificate of location No. , for acres, issued by virtue of a decree rendered on tin day of , by the Supreme Court of the United States, has this day been located by on the — quarter of section No. , in township No. , of range No. , contain- ing acres. _ . J , Register. . Receiver. UEVOLfTIONAKY BOUNTY LAND BCKIP. Issued under the not entitled "An act makinff further provision* for thesaUt/uctUmpf Vir- ginia land warrants," approved August 81, l.^vj ,f. s siai, ui L. vol. 10, page ll:.), in con- nection with the supplemental act, approved Juue 22, 180), " to declare the meaning or the said law of August 81, 1832 (U. S. SUit. sit L., vol. hi. page 81). This scrip is "receivable in payment of any lands owned by the United States subject to sale at private entry." and can be applied at the rate of 81.25 per acre, in the same manner as money, in all cases where the tract applied for contains the area specified in the scrip, or more; where it contains less, the excess of the scrip cannot be refunded in money, but may be denoted in the relinquishment as applicable to any Other tract. It can also be used in commutation of homestead entries, and can be applied in payment of offered or unoffered lands which may 1 mhraced by pre-emption entries. The other varieties of scrip referred to in the synopsis above given, showing the manner in which public lands may be disposed of, under the loth head, are located substantially in the same manner as bounty land warrants, but they are limited in quantity,* high in price, and used principally for speculative pur- poses. HOMESTEAD ACT AND AMENDMENTS. The original homestead act of May 20, 1SG2, has been amended several times. The principal amendments were in the nature of extension of its privileges, and the limit of 80 acres of land of the double minimum class, 82.50 per acre, within certain road limits, lias since been done away with by acts of June 8, L872, March 3, 1870, July 1, 1870, and June 15. 1SS0; there now being hut one class of agricultural lands, so far as regards the minimum quantity in home- 1 entries. . The act of June S, 1872, was known as the soldiers' and sailors' homestead act Itgave honorably discharged soldiers and sailors from the Army and Navy of the United Suites 160 acres of land under the homestead act in any locality, and deducted from the live rears' residence which was required to make title their term of service in the Army and Navy during the war of the Rebellion. One r"8 residence and cultivation, however, were necessary, and they have six months from the filing of application to make entry and commence settlement and improvement, and actual service in the Army or Navy is an equivalent to •nee under certain conditions. The soldiers' additional homestead provision was to give those soldiers who had had the benefit of the homestead act, to the extent of a quantity under 1G0 . an additional amount, so as to make their allowance 100 acres. The act l.ioh :;, L876. gave homesteads and patents for the same to certain Indians, which is changed by subsequent act of July 4, 1884, and allotment act of Feb- ruary 8,18 , By act Of March .'J, 1879, additional rights were given to homestead settlers on the public lands within railroad limits, and an act of the same tenor for the States of Missouri and Arkansas was pa mod July l, 1879. MATTHEWSS GUIDE. 121 Special acts have frequently been passed favoring localities where crops have t>een destroyed by drought or insects, and the time of settlers has been ex- tended for making proof and payment. In making final proof of homestead entry, or in commuting under the eighth section of the homestead act (section 2301, R. S.,) upon lands situate in recog- nized mineral districts, a non-mineral affidavit, showing that there is no known mineral on the tract to be entered, is required of all claimants. THE ESSENCE OP THE HOMESTEAD LAW AND ITS BENEFITS. The essence of the homestead law and the amendments is embodied in the conditions of actual settlement, dwelling on, and cultivation of the soil em- braced in an entry. It gives for a nominal fee, equal to $34 on the Pacific coast and $26 in the other States, to a settler — a man or woman over the age of twenty-one year*?, head of a family, or a single person above the age of twenty- one years, a citizen of the United States or having declared an intention of becoming such — the right to locate upon 100 acres of unoccupied public land in any of the public land States and Territories subject to entry at a United States land office, to live upon the same for a period of five years, and, upon proof of a compliance with the law, to receive a patent therefor free of cost or charge for the land. Full citizenship is requisite to obtain final title. The present homestead law contains all of the beneficial features of the pre- empti on act with the additions suggested by experience and the changed condition of national life. The eighth section of the act (2301 R. S.) contains the substance of the pre-emption act in the matter of purchase. If the locator desires to buy his homestead outright at the end of six months, he can, upon due proof, pay for his land at $1.25 or $2.50 per acre, as the case may be, which is called commuta- tion of a homestead. It contains one feature as broad in its terms and as beneficial in its principle as the domain it covers. It is as follows : " No lands 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 patent therefor." The homestead act is now the approved and preferred method of acquiring title to the public lands. It has stood the test of twenty-six years, and was the outgrowth of a system extending through nearly eighty years, and now, within the circle of a hundred years since the United States acquired the first of her public lands, the homestead act stands as the concentrated wisdom of legislation for settlement of the public lands. It protects the government, it fills the States with homes, it builds up communities, and lessens the chances of social and civil disorder by giving ownership of the soil, in small tracts, to the occu- pants thereof. It was copied from no other nation's system. It was originally and distinctively American, and remains a monument to its originators. A homesteader must be the head of a family, male or female, a widow or a single person, male or female, over the age of twenty-one years, who are citi- zens of the United States, or who have declared their intention to become citizens (such cannot, however, make a final, entry of a homestead until fully naturalized) ; also, to Indians who have abandoned their tribal relations, and have adopted the habits and pursuits of civilized life. THE SEVERAL CLASSES OF HOMESTEAD ENTRIES. The homestead laws recognize several classes of homestead entries, viz : 1. Settlement and cultivation homesteads under the original act of May 20, 1862, and amendments. 2. Adjoining farm homesteads, Sec. 2289, R. S. U. S. 3. Adddition homestead acts of March 3, 1870, July 1, 1S79. 4. Soldier's homestead act of June 8, 1S72, Sec. 2304 to 2309, U. S. R. S. 5. Additional homestead under act of June 8, 1*72. sections 2306, 2307, U. S. R. S. 122 M \ i I iii:\vs's GUIDE. 6. Indian homestead ad of March S, L875, and acta of July 4. 1R84, and Feb- ruary, v . 1887. ENTRIES — HOW MADE. Homestead entries arc received, in the manner herein set out, at any United States district land office. Homestead settlements can be made upon any of the public lands not otherwise specially reserved, and which have been declared i to entry and location by law of Congress. Xo public lands, however, are open to settL mentor sale until after Congress directs their survey, creates land offices therein, and orders how, when, and l>y what system they shall be disposed of. HOW PAID FOR. Cash is received in payment of fees. In the case of a commuted homestead, the commuter can use cash, military bounty land warrants, agricultural college or private land claim scrip, under the act of January 28, 1879. TIIE HOMESTEAD PRIVILEGE. The laws extending the homestead privilege, embraced in sections 2289 to 2312 of the Revised Statutes, give to every citizen, and to those who have de- clared their intention to become citizens, the right to a homestead on surveyed lands. This right was limited by section 22S9 of the Revised Statutes, as the maximum quantity, to 1G0 acresof 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 sections, along the lines of railroads or other works of internal improvement, 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, it was enacted that from and after its passage " the even sections within the limits of any grant of public lands to any railroad company, or to any military road company, or to any State in aid of any railroad or military road, shall be open to settlers under the homestead laws to the extent of one hundred and sixty acres to each settler," thus doing away in this elass of entries with the distinction between ordinary minimum 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 Slates, so far as the double minimum lands may be 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, the same provisions were extended to the odd sections in the States of Missouri and Arkansas, when; the odd sections were reserved to the United States, the price of the lands therein enhanced, and the even sections granted for the pur- poses of improvement. Both acts were inoperative in any case where the even sections were granted, the odd being reserved, and not within the States of Mis- souri and Arkansas, as in Alabama and Mississippi ; but the double minimum lands in the two last-mentioned States having been brought into market at the enhanced price prior to the 1st January, 1861, are now reduced to $1.25 per acre under the third section of the act of June 15, 1880. PROCEDURE IN DISTRICT LAND OFFICES. To obtain a homestead the party must, in connection with his application in prescribed form, make an affidavit in form prescribed before the register or re- ceiver, that ho is over the age of twentv-one or the head of a family ; that he is a citizen of the United States, or has declared his intention to become such; and that the entrv is made for his exclusive use and benefit, and for actual set- MATTHEWS S GUIDE. L23 tlement and cultivation ; and must pay the legal fee and that part of the com- missions which is payable when the entry is made, aa given in tables follow- ing, viz : FEES PAYABLE WHEN APPLICATION IS MADE. The land office fees and commissions, payable when application is made, are as follows : In Alabama, Arkansas, Dakota, Florida, Iowa, Kansas, Louisiana, Michigan, Minnesota, Missouri, and Nebraska — Land at $230 per acre. Land at $1£5 per acre. For 1G0 acres $18 00 For 160 acres $14 00 For 80 acres 9 00 For 80 acres 7 00 For 40 acres 7 00 For 40 acres 6 00 In Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming — Land at §2J>0 per acre. Land at %1£5 per acre. For 160 acres $22 00 For 160 acres $16 00 For 80 acres 11 00 For 80 acres 8 00 For 40 acres 8 00 For 40 acres 6 50 WHEN PERSONAL APPEARANCE AT THE DISTRICT LAND OFFICE MAY BE DISPENSED WITH. Where the applicant has made actual settlement on the land he desires to enter, but is prevented by reason of bodily infirmity, distance, or other good cause, from personal attendance at the district land office, the affidavit may be made before the clerk of the court for the county within which the land is situated, under section 2294 of the Revised Statutes. On compliance by the party with the foregoing requirements, the receiver will issue his receipt for the fee and that part of the commissions paid (in form pre- scribed), a duplicate of which he will deliver to the party. The matter will then be entered on the records of the district office and reported to the General Land Office. SETTLEMENT AND RESIDENCE. .An inceptive right is vested in the settler by such proceedings, and upon taithful observance of the law in regard to settlement and cultivation for the continuous term of five years, and at the expiration of that time, or within two years thereafter, upon proper proof to the satisfaction of the land officers (forms prescribed), and payment to the receiver of that part of the commissions remaining to be paid, as given in tables below, the receiver issuing his receipt therefor, the register will issue his certificate (form prescribed), and make proper returns to the General Land Office as the basis of a patent or complete; title for the homestead. And an inceptive right to a homestead may now be acquired, and the period of continuous residence and cultivation begin to run, prior to the date of formal entry at the district land office, by the party making actual settlement on the tract desired, provided the entry at the district office i~ mule within the prescribed period thereafter as in pre-emptions. The third section of the act of May 14, 1880, places homestead settlers on public lands on the same footing with pre-emption settlers under existing laws. This section pro- tects the claim of an actual settler upon unsurveyed land not yet open to entry at the district office, provided he shall make homestead entry of the land within three months from the filing of the township plat of survey in the dis- trict land office, the same as the pre-emptor is now protected by filing his de- claratory statement within the same period; and if the homestead settler shall 124 MATTHEWS's GUIDE. fully comply with tin law as to continuous residence and cultivation, his settle- ■ defeats all claims intervening between its date and the date of filing his homestead application. In making final proof, his five years of residence and cultivation will commence from date of actual settlement. Note.— The law Is speeifle In requiring final proof to be made within too yean after the expiration of the live years from day of entry. FEES PAYABLE AT TIME OF MAKING FINAL PROOF. The land office commissions, payable 'it tinu of making final proof, are a- fol- lows : In Alabama, Arkansas Dakota. Florida, [owa, Kansas Louisiana, Michigan, Minnesota, Mississippi, Missouri, and Nebraska — Txind at $2.50 per acn . Land ai $l.:~> /» r acre. For 160 acres $8 00 For 160 acres $4 00 For 80 acres 4 00 For 80 acres 2 00 For 40acres 2 00 For 40 am > 100 In Arizona. California, Colorado, Idaho, Montana, Nevada, Now Mexico, < u-<- gon, Utah, Washington, and Wyoming— Land at $2.50 per acre. Law! at ■ per acre. For 160 acres $12 00 For 160 acres $6 00 For 80acres 6 00 For 80 acres 3 00 For 40acrcs 3 00 For 40 acres 1 "io The fees for reducing testimony to writing in making final proof are, in the former States, 15 cents, and in the latter States and Territories, 22£ cents for each 100 words. No other land-office fees than those stated are payable or allowable in homestead cases. FINAL PROOF — HOW MADE. Under the act of Congress of March 3, 1879, 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 es- tablished, and state the time when and the officer before whom the proof will be made. (Form prescribed.) 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 6uch application once each week for a period of thirty days, in a newspaper which ne shall disignate, by an order written on said application, as published nearest the land described in the application, and he snail also poet 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 tim<-. 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 wit nesses , also the time and place for making proof as stated in the application. (Form prescribed.) To save expense, the register may embrace two or more cases in one publi- cation, when it can be done consistently with the legal requirements of publi- cation, in a new-paper published nearest the land, as per form prescribed. MATTHEWS^ GUIDE. 125 When proof is tiled 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 law at time and place given in the notice. The proof that requisite notice has been given will be the certificate of the register that the notice of the application (a copy of which should be annexed to the certificate) was posted by him in a conspicuous place in his office for a period of thirty days (form prescribed) and the affidavit of the publisher or foreman of the newspaper that the notice (a copy of which notice must be an- nexed to the affidavit) was published in said newspaper once each week for five successive weeks. The proof of the publication and posting of the notice must be filed and E reserved by the register, to be forwarded to the General Land Office with the nal papers when issued. HOW PROOF MAY BE MADE OTHER THAN AT DISTRICT LAND OFFICE. In making final proof the homestead party may appear in person at the district land'office with his witnesses, and there make the affidavit and proof required in support of his claim, or he may proceed under the act of March 3, 1877. This prescribes that the party desiring to avail himself thereof must ap- pear with his witnesses before the judge of a court of record of the county and State, or district and Territory, in which the land is situated, and there make the final proof required bylaw, according to the forms prescribed, which proof, duly authenticated by the court seal, is required to be transmitted by the judge or the clerk of the court to the register and receiver, together with the fee and charges allowed by law. See 3d, 10th, and 12th subdivisions of section 2238 of the Revised Statutes of the United States. The judge being absent in any case, the proof may be made before the clerk of the proper court. The fact of the absence of the judge must be certified in the papers by the clerk acting in his place. If the land in any case is situated in an unorganized county, the statute provides that the party may proceed to make the proof, in the manner indicated, in any adjacent county in the State or Territory. The fact that the county in which the land lies is unorganized, and that the county in which the proof is made is adjacent thereto, must be certified by the officer. In any case where the final proof shall be transmitted to the register and receiver, as contemplated in this act, and the full amount of money due shall be paid, they will carefully examine the proof, and, if no objection appears, proceed to issue the receipt and certificate in the case, and make proper returns to the General Land Office as the basis of a patenter 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 But the published notice must in every case show when and before what officer the proof will be made. ENTRIES OF DECEASED OR INSANE PERSONS — HOW COMPLETED. Where a homestead settler dies before the consummation of his claim, the widow, or in case of her death the heirs, may continue settlemeutor cultivation, and obtain title upon requisite proof at the proper time. If the widow proves up, title passes to her ; if she dies before provins: up and the heirs make the proof, the title will vest in them. Where both parents die, leaving infant children, the homestead may be sold for cash for the benefit of such children, and the purchaser will receive title from the United States, or the patent will issue to the infants on proof of set- tlement or cultivation for the prescribed period. Under the act of Congress of June 8, 1SS0, parties whose homestead entries were regularly made according to law, and who afterwards became insane, may be represented for making final proof and perfecting their entries by any person whose authority to act for them during their disability shall be duly certified 12G MATTIIKWS S GUIDE. under Beal of the proper probate court. This ad will not be construed to cure feilur ply with the law where the failure occurred prior to the insanity ■ claimant. Final proof will not ! I until the expiration of the five years, but proof of residence and cultivation will be required to cover only I prior to such insanity. If a claimant becomes insane afler expira- tion of the period of residence, etc., the act will be construed to permit his lian to act for him within the time in which he might have made final entry himself. The proof must -how the regularity of the entry, and ther< that the claimant was either a citizen or had filed his declaration to becomi according to the naturalization laws at date of entry, hut further proof will not be required as to citizenship. SALE OF HOMESTEAD NOT RECOGNIZED. The sale of a homestead claim by the settler to another party before com- pletion of title is not recognized by the United States, and vests no title or equi- ties in the purchaser. In making final proof, the settler is by law required to Fwear that no part of the land has been alienated, except as provided in sec- tion 22S8 of the Revised Statutes, for church, cemetery, or school purposes, <>r the righl of way of railroads. So far, however, as regards homestead entries made prior to the 15th June, 18S0, for lands properly subject to such entry, the second section of the act of Congress of that date provides that the persons to whom the rights of those having so entered for homesteads may have heen attempted to' he transferred by bona fide instruments in writing may entitle themselves to said lands by paying the government price therefor less the fee and commissions paid on the entries. ABANDONMENT OF HOMESTEAD. As the law allows but one homestead privilege, a settler relinquishing or abandoning his claim cannot thereafter make a second entry ; although where an entrv is canceled as invalid for some reason other than abandonment, and not the willful act of the party, he is not thereby debarred from enti a<_'ain, if in other respects entitled, and may have the lcc and commissions paid on the canceled entry refunded on proper application under the act of June 16, 1SS0. DUTIES OF REGISTERS AND RECEIVERS ON RELINQUISHMENTS BEING FILED. By the first section of the act of May 14, TSS0.it is enacted " that when a pre- emption, homestead, or timber-culture claimant shall file a written relinquish- ment of hifl claim in the local land office, the land covered by such claim shall he held as open to setl lement and entry, without further action on the part of the I mer of the General Land Office." The district land officers are Instructed nottoat pi or act upon any relinquishment, unless made before them, which has not hen duly subscribed by the claimant on the hack of his duplicate receipt, and acknowledged, witne sed, and executed in the manner requisite under laws of the State or Territory in which the land is siuiatcd for the valid transfer of real estate. In Case of the lossof the duplicate receipt an affidavit of such loss must accompany the written relinquishment Immediately upon a relinquishment, duly executed as above, being received at their office, the register will note on the relinquishment, over his signature, the day and hour of its receipt, will write the words "canceled hy relinquish- ment" (giving date) opposite the record of the entry in t lie tract hook, tin. regis- ter of entries, and the register of receipts, and draw a line over the nun her of the entrv on the township plat. On Monday of each week they are directed to transmit to the General Land Office all the" relinquishments winch have heen accepted by them during the preceding week, when the relinquishment shall have been received and noted as above, they will bold the land embraced in tlie relinquished entry as subject to settlement or entry hy the first legal claimant. MATTHEWS'S GUIDE. 127 ABANDONMENT OF HOMESTEAD CONTESTS. Where application is made to contest the validity of a homestead entry on the ground of abandonment, the party must file his affidavit with the district land officers, setting forth the allegations on which his application is founded describing the tract and giving the name of the settler. Upon tins the officers will set apart a day for hearing, giving all the parties in interest due notice of the time and place of trial. In cases of inability to make personal service of the notice, and when it be- comes necessary to serve it by publication, the act of Congress of June 3, 1878, -directs that the same shall " be printed in some newspaper in the county where the land in contest lies; and if no newspaper be printed in such county, then in the newspaper printed in the county nearest to such land." After the trial the land officers will transmit the testimony, with their joint report, for the action of the General Land Office, according to Rules of Practice approved Au- gust 13,1885. The contestant must defray the expenses incident to such a contest if brought under the second section of the act of Congress of May 14, 1880, before referred to, and if he succeeds in the contest, and procures the cancellation of the entry, he will be notified thereof, and for a period of thirty clays from such notice will be allowed a preference right to institute a claim to the land over any other person who may desire to do so. PRE-EMPTION FILING MAY BE CIIANGED INTO A HOMESTEAD ENTRY. When an individual has made settlement on a tract and filed his pre-emption declaration therefor he may change his filing into a homestead if he contin- ues in good faith to comply with the pre-emption laws until the change is effected ; and by an act of Congress of May 27. 1878, the time during which the party has resided upon and claimed the land as a pre-emptor will be credited upon the period of residence and cultivation required under the homestead law. In so doing he is required in his first homestead affidavit to set forth the fact of a previous pre-emption filing, the time of actual residence thereunder, and the intention to claim the benefit of such time as provided for in the act. In making final proof on his homestead entry he is required, in addition to the usual affidavit and proof, to make the prescribed " pre-emption homestead affi- davit." But he is entitled to the same credit for such time under bis homestead ■entry alone by act of May 14, 1S80, if there is no adverse claim. HOMESTEAD MAY BE COMMUTED AT THE END OF SIX MONTHS WITH CASH, SCRIP, OR LAND WARRANTS. If the homestead settler doeg not wish to remain five years on his tract, the law permits him to pay for it with cash or warrants or agricultural college scrip, upon making proof of settlement and cultivation for a period of not less than six months to the time of payment ; or payment may now be made with private claim scrip under the act of January 28, 1879. This proof of actual settlement and cultivation must be the affidavit of the party (in prescribed form) made before the district officers, in addition to the testimony usual hi making final homestead proof (in prescribed form), or the party may, under the act of June 9, 1880, make the required affidavit before the clerk of any court of record of the county and State or district and Territory in which the land is situated ; or if in any unorganized county, he may make such affidavit in a similar manner in any adjacent county in the State or Terri- tory. ACT OF JUNE 15, 1880. A further right of making cash payment for lands originally entered as a homestead accrues under the act of June 15, 1880 (21 Stat., 237)", which allows any party who had entered a homestead prior to that date (or any person to 128 MAI 1 III \\>'- GUIDE. whom such party may haw attempted to transfer hi- right l>y a bona fid* instrument in writing) to pay the government price (leas the fee and costs) for the land covered by Buch entry, provided it was originally subject to entry, and provided it had uot been subsequently entered by any oilier person under the provisions of law. (Maughn, 1 L. I)., ~ : > ; .Miller, ibid., 57 ; Weaver, ibid., Bishop, ibid, (>:»). He cannot, however, be permitted to exercise such right so as to bar the preferred right of a contestant under act of May 1 1, 1880 (21 Stat., 140). after contest initiated. (Fivi.-e VS. Eobson, 4 L. D., 5S0.) In case th iginal homestead party applies to purchase, if he has lost his duplicate receipt, he must make oath that he has not, prior to the passage of aaid act. transferred nor attempted to transfer his homestead rights under said entry, and that he has aot assigned his right to receive the payment of th' commissions, or excess payment paid thereon. The register will certify to the receiver the amount to be allowed as credit for fee and commissions already paid, the applicant first making oath that said fee and commissions have not been repaid, and that no application for such repayment has been made. In case he had attempted to transfer his right he may still be permitted to purchase, upon filing proof of the consent of the person to whom such transfer was attempted to be made. ATTEMPTED TRANSFER OF HOMESTEAD RIGHTS. In ca?e a party to whom a homestead settler has attempted to transfer his right desires to take advantage of the act, the register and receiver will require the instrument in writing by which it was Bought to transfer such homestead. right to be filed, together with the best evidence attainable of the bona fide character of the transfer, including the affidavit of the party who seeks to pur- chase. In case of doubt as to the propriety of allowing the application to purchase, they should refer all the papers to title General Land Office, accompanied by an expression of their opinion based upon a full recital of the facts. FORM OF ENTRY. The application must he made as in ordinary cash entry (in form prescribed), and must be accompanied by the receiver's duplicate homestead receipt, or, if that has been lost or destroyed, by an affidavit setting forth such fact, and giv- ing the register's and receiver's number and date of the original homestead entry. It must also be stated in the application that the same is made under the - lion of the act of June 15, L880. Entries under said second section will receive current register's and receiver's numbers in th" regular cadi series, and will he returned in the same manner as in other c b entry, referring, however, in each instance, on the cash abstracts, certificates, and receipts, to the date of the act authorizing the entry, the register's and receiver's number of the original homestead application, ami tin- amount allowed as credit for fee and <•> immissions, as follows : " Act .June 15, l s ^'». Original homestead entry No. — . Credit for fee and commissions, $ ." I oal homestead proof not being required in these rases, no advertisement or ii' it i' f intention to make final proof is necessary, and no final homestead re t" he paid or collected, Warrants and scrip made receivable by law for lands subject to sale at private entry, or in commutation of homestead or pre-emption rights, are receivable for lands purchased under thi.- Where land purchased under this act is paid for with warrants or scrip there would be no claim for repayment on account of the fee and commissions paid on the original homestead entry ; and the existing rule must he observed, that when; the. value of warrants or scrip exceeds that of the lands entered there- with no payment on account of such excess is authorized, but the warrant or scrip applied must be fully surrendered MATTHEWS'S GUIDE. 129 ADJOINING FARM HOMESTEADS — HOW ENTERED. There is ;i class of homesteads designated as "adjoining farm homesteads." In these eases the law allows an applicant owning and residing on an. original farm to enter other land lying contiguous thereto, which shall not, with such farm, exceed in the aggregate 160 acres. Thus, for example, a party owning or occupying 80 acres may enter 80 additional, without regard to price, whether held at $1.25 or $2.50 per acre ; or, if owning 40 acres, he may enter 120 acres additional of land held at $1.23 per acre, or of land held at $2.50 per acre, where 1(30 acres is now the maximum quantity of double minimum land subject to homestead entry, but cannot exceed the maximum of 80 acres where the land proposed to be entered is held at $2.50 per acre, and where 80 acres is still the legal maximum in reference to that class of lands, under section 2280 of the Revised Statutes as modified by the acts of Congress of March 3, 1870, July 1, 1879, and June 15, 18S0, before mentioned. In applying for an entry of this class the party must make affidavit describ- ing the tract which he owns and upon which he resides as his original farm. In making final proof it is not required that he should prove actual residence on the separate tract entered ; but if he does not it must appear from the proof adduced that he has continued for the period required by law to reside upon and cultivate the original farm tract, making use of the entered tract as a part of the homestead. soldiers' homesteads. A Union soldier or sailor of the late war, or his widow, making entry, is en- titled to a deduction from the five years of the length of time (not exceeding four years) of his military service. But the soldier (or his widow, as the case may be,) must actually reside on the land at least one year before final proof can be made. In case of the death of the soldier, and the death or remarriage of the widow, the minor children of the soldier, by a duly-appointed guardian, are entitled to the privileges of the father. Neither the guardian nor the minor children are required to reside upon the land, but the same must be cultivated and improved for the period of time dur- ing which the father would have been required to reside upon the tract. The soldier may file a declaratory statement for a tract of land which he in- tends to enter under the homestead laws. The fee is $2, except in the Pacific States and Territories, where the fee is $3. This statement may be filed either personally or by an agent, and the soldier is thereafter allowed six months within which to make his entry and commence his settlement and improvement. The entry can be made only by the soldier in person at the local land office, and he must commence his settlement on the land within six months after his filing, and must continue to reside on the land and cultivate it for such period as, added to his military service, will make five years. But he must actually reside upon the land at least one year, whatever may have been the period of his military service. Entries cannot be made for a soldier by an agent or attorney. After a declaratory statement has once been tiled, whether by an agent or other- wise, the soldier cannot file again. His rights are exhausted by the first filing, and if he does not, within six months, make his personal entry at the land office, and commence his settlement as required by law, he obtains no right to the land, and his homestead right is exhausted by the filing. A soldier's homestead declaratory statement for a tract of land does not pre- vent anybody else from making an entry of the same land, subject to such i ight as the soldier may acquire by virtue of actual residence on the land and full compliance with law. If the soldier does not establish his residence on the tract as required, the next comer may take the land. Soldiers are not entitled to land, nor to bounty land warrants, for their mili- tary service in the late war, nor can title to land be obtained for them by agents 130 MATTHEWS'8 GUIDE. or attorneys. All representations to the contrary are false, and soldiers and Bailors are warned against imposition by parties who offer to locate land for them, or to Bell their rights for them. BOLDIBRS 1 AND BAILORS* ADDITIONAL HOMESTEAD ENTRIES. - t i . -ii 2306 of the Revised Statutes of the United States provides that any in entitled to make a homestead entry under section 2304 (providing foi the 1» ii' lit of soldiers and sailors of the late wan. who had, prior to June 22, 1874, made B homestead entry of less than 160 acres, may enter an additional quantity of land sufficient to make, with the previous entry, 160 acres. The right granted by this section, and extended by section 2307 to the widow, if unmarried, or otherwise to the minor orphan children by proper guardian, is a personal one and is not transferable, nor suhject to assignment or lien, nor can it he exercised by another. It can lawfully be exercised only by the sold- ier i .i Bailor, or by the widow or guardian, as the case may he, in his or her own proper person. The practice which formerly prevailed of certifying the additional right as information from the records' of the < ieneral Land Office ami permitting the entry to be made by an agent or attorney is discontinued. The following regulations will hereafter he strictly observed : 1. The partydesuing to make an additional entry" and being entitled thereto, inusl present himself at the land office of the district in which the land he wishes to enter is situated, and make Ins application in the same manner as in case of an original entry. (Form prescribed.) 2. In addition to the usual homestead affidavit, the claimant must make a Bpecial affidavit showing — First His identity as the soldier he represents himself to be, reciting his military service, and Btating his present residence and post-office address. >i ad. The facts, j n detail, respecting his right to make the additional entry, and that lie has fully complied with the provisions of the homestead laws in the matter of residence upon and cultivation and improvement of his original entry, and whether or not he has proved up his claim and received a patent for the land. Third. That he has not in any manner previously exercised his additional right either by entry or application, or by sale, transfer, or power of attorney, hut that the same remains in him unimpaired. 3. The foregoing affidavits must he sworn to and subscribed in the presence of the register or receiver. This rule must he strictly adhered to in order to avoid false personation ; and applications and affidavits presented to the register and receiver with signatures attached will not ii< received, 4. These rules will not be deemed to apply to cases where the additional right has heretofore heen certilied by the General Land Office, nor to cases now pending, or tiled in that office prior to March 10, 1883. ADDITIONAL HOMESTEAD ENTRIES IX RAILROAD LIMITS. The act of March 8, 1879, in addition to its provisions already referred to. provides, /M QRASSHOPPEBfl. Tho first section of theactof July 1, is?!), "lor the relief of settlers on the public lands in districts rabjecl to grasshopper incursions," provided tluit horne- and pre-emption settlers on public lands where crops have been destrt or Beriously injured by grasshoppers may leave and be absent from said lands for a period uot to exceed one year continuously, under Bucb rules and regula- tions as the Commissioner of the General Land Office shall prescribe, being allowed afterward to resume and perfect their settlement as though qobucd ace had occurred. The second section provided that the time tor making final proof and payment by pre-emptors whose crops had been destroyed or injured as aforesaid might, at the discretion of the Commissioner, be extended for one year. (21 Stat, 48.) The proof required in the first section of said act should consist of the affi- davit of the claimant, giving the particulars of the alleged destruction or serious injury of crop- by grasshoppers, and the affidavits oi two or more witn< corroborative thereof, and should be submitted at time of making final proof through the register and receiver of the proper district land office. The par- ticulars given should be such as to admit of a decision whether the absence was justified by law or not, and should indicate at what time the party left the land and when he resumed his settlement. A settler desiring to take advantage of the provisions of this act should file with the register and receiver a written notice of intended absence, bearing his own signature, and embracing a statement that he had sustained lose or failure of his crops. This should be noted on the tract books, for the protection of the claimant and the information of parties who might otherwise make set- tlement and attempt to obtain title. Settlers desiring the extension of time provided for in the second section of the act should apply therefor through the same officers, the application to be supported by the same character of proof. The affidavits required in cases arising under said act should be made before the register or receiver of the district land office, or before any officer using a seal and authorized to administer oaths. IIOMKSTEAD RULINGS. The claim of the settler is initiated by entry of the land. *l L. D., .'JO; No. 1637; but now may be by settlement; see Nos. 271, 626. Right of entry protected by the act of May 11, 18S0. 1 L. D.,83 ; No. -71. Laws liberally construed. 1 L. D., ('.:; ; No. 252. Entry will be canceled at the expiration of seven years if proof is not sub- mitted after due notice. 1 L. P., Hi'; No. 852. Right of one now in military or naval Bervice to take, dependent upon his ability to comply with the requirements of the law. I L. D., 98; No. 288. Order of succession on death of entryman. 1 L. D., 64, 86; Nos. 253, 276. Entryman cannot by will defeat tie' rights of the minor children. 1 L. I)., 80; No'. L'7(i. I I vise of, ma t be of the land and not of the proceeds from the sale thei 1 1.. D.,84; No. :_>:,:;. A d entitled to the same privileges that would descend to the heirs. 1 L D., !7 ; No. s:,'-,. deceased entryman must show cultivation for the statutory period. 1 L D.,636; No. 213. Entryman cannot by will defeat the statutory succession of the minor chil- dren, i L I>.. n ; \'o". l':;d. Right of commutation nol defeated by failure to establish residence within ter entry. 1 L. D., 89; No, 229 518/556, n1 conferred upon Indians by act of March .;, L875. 1 L. D., d'.d ; No. 1010; s.e also Nos. !■>, 79, 001, (^37, 663, 665. *[TIk.- references are to the volume and page of Departmental Laud Dueisionaand the niunucr.s of decision* In Matttiows aud Conway 1 * lM^'est,] MATTHEWS'S GUIDE. 133 Entry by the sister of a receiver, is not necessarily invalid. 2 L. D., 105 ; No. 301. By the wife of an insane person as head of a familv, her husband being civilly dead. 2 L. D., 102; No. 355. Not by a married woman. 2 L. D., 112 ; No. 300. Where husband and wife settled on and improved a tract, and afterwards the wife made entry of it, under a mistake as to the law, said entry is canceled, with privilege to the husband, if qualified, to enter in his own name, and to have his right relate back to date of settlement. 2 L. D., 112; No. 341. By a widow, in her own right, whilst continuing to cultivate the homestead of her deceased husband. 2^L. D., 169 ; No. 293. By a minor, as head of a family. 2 L. D., 82 ; No. 409. By one, in his own right, who has already made final proof, as the minor or- phan child of a deceased soldier. 2 L. D., 99 ; No. 302. By one whose former entry, made prior to his majority, was canceled. 2 L. D., 113 ; No. 274. A second entry is allowed, where the land first entered fails to produce crops by reason of lack of rainfall or unfitness of soil. 2 L. D., 171 ; No. 339. By one whose prior entry was canceled, on his own request, because the land covered by it was occupied and improved by family of a settler, who had be- come insane after settlement without applying for it. 2 L. D., 102 ; No. 335. Not by one who relinquished a homestead because of the ravages of grass- hoppers. 2 L. D., 141 ; No 382. By one who went upon the land as the tenant of another, where there is no fraud, and where the latter has made no claim to it and has absented himself. 2 L. U., 135 ; No. 356. By one who had filed on the land ; such an entry operates as a waiver and withdrawal of the pre-emption claim. 2 L. D., 504 ; No. 1435. A deserted wife or child may not make final homestead proof, or commute, or purchase under act June 15, 1889, or obtain patent, in her or his own right, by virtue of the husband's or father's entry. 2 L. D., 78 ; No. 360. Rules to be observed in cases of desertion : 1. If wife maintains her residence, no one but her shall be heard to allege desertion, in proof of change of residence or abandonment, for seven years after entry. 2. If she, within said seven years, proves desertion, she may enter the land in her own name, if the head of a family, or if she has the right to acquire real property as feme sole. 3. If she does not make such entry she may make final proof in his name, as his agent, with her own affidavit to non-alienation ; the entry to be sub- mitted to the Board of Equitable Adjudication. 4. She may, as his agent, commute the entry or purchase under Sec. 2, Act of June 15, 1889, and new entry shall be referred to Board of Equitable Adjudi- cation. 5. Where entryman's wife is deceased, the foregoing rules shall apply to his child, not twenty-one, who is a head of a family. 2 L. D., 81 ; No. 360. A woman deserted her husband, the homestead entryman, who devised the land to his daughter, resident on it as the head of a family ; the widow is equit- ably barred. 2 L. D., 82 ; No. 409. Additional entry in railroad limits by a deserted wife is illegal. 2 L. D., 777 ; No. 344. Entry allowed contestant while his contest is pending, should be canceled ; (see 2 L. D., 244). 2 L. D., 55 ; No. 305. May not be made by a third person pending an appeal from the rejection of a prior application. 2 L. D., 270 ; No. 1826. Where priority of a settlement is alleged, under Sec. 3, Act of May 14, 18S0, there may be a second entry, subject to an adjustment of the conflicting claims. 2L. D., 146; No. 243. 134 MATTHEWs's GUIDE. Maybe made by one relinquishing a claim (pre-emption), pending contest against it illegally instituted [by a party not in interest). 2 L. D., 220; No. 1092; bul Bee Rule! of Practice inew rale), approved August 13, 1885. By contestant of a timber-culture claim is confined to land in contest, unless less than 160 acres, when contiguous land may be taken; by contestant of a homestead claim may be made on a portion of the land in contest and adjoin- ing land. - I.. D.,289; No. 348; but see No. 135 overruling No. 1785 I Bundy i. May not be made on a tract withdrawn for the purpose of a sale under £ 2456, R. S. 2 1.. D.,242; No. ."•74. Not allowed on land improved by another and in his possession by color of law. 2 1.. D.,44 ; No. 327. Under the law it is the entry which reserves the land. 3 L. I)., 131 ; No. 1450. The right exhausted with one entry. 3 L. D., 57 ; No. 1112. Entryman mav bring action for trespass prior to final proof. 3 L. D., 54 ; No. 423. Land subject to pre-emption is subject to. 3 L. D., 230; No. 438. And pre-emption claim cannot be maintained at the same time. ."> L.D.,226 ; No. 4: '.7. Not maintained through the occupancy of a tenant. 3 L. D., 363 ; No. 439. Cannot be made of land occupied in good faith by others. 3 L. D., 363 : No 439 ; but see Nos. 490, 578, 638, 1054, 1108, 1140. Entry must be canceled on death of entryman without heirs. 3 L. D., 384 ; No. 450. Quit-claim deed made prior to original entry, for small part of claim, does not impeach good faith. 3 L. D., 284 ; No. 414. Contract to convey after patent does not defeat right of entry. 3 L. D., 284 ; No. 414. Entry made through agent by a person in the naval service is within the provisions of Sec. 2308 R. S. 3 L. D., 446; No. I486. A deserted wife can assert no right of entry based upon the canceled entry of her husband, but is allowed to enter in herown right. 3 L. D., 188; No. 431. Circular instructions as to proceedings to be observed in case of Indian ap- plying to make, under act of July 4, 1884. 3 L. D., 91 ; No. 7!). The third action of the act of May 14, 1880, is not to be construed as de- stroying an v vested right theretofore acquired. 3 L. D., 131 ; No. 1450. The act of May 14, 1880, does not apply to a settlement upon lands not subject to entry. 3 L. D.,"l76; No. 754. Law must be construed as a whole. 4 L. D.. 400, 580; Nos. 514, .v,o. No rights were taken away by the enactment of sections 2304 and 2306 Re- vised Statutes. 4 L. D., 399 ; No. 514. And pre-emption claim cannot be maintained at the same time. 1 1-. I >.. 26, 462; Nos. 479,526. Total failure to comply with tin; law not excused by poverty. 4 L. 1>., 185; No. 488. claim not initiated while holding as a tenant. 1 L. 1>., 259 ; No. 498. One in military service mav take, on Bhowing due compliance with the law. 4 L. I». 399; No. 514. Allowed to one who lias already made pre-emption entry. 4 L. D., 441 ; No 522. Widow ami heirs required to cultivate but not to reside on claim. 4 L. I'.. 433; No. 520. intention to wrong another evidence of bad faith. 4 L. D., 159; No. 490. jht to take timber from claim. 4 L. D.,289; No. 105. But one entry allowed. 6 L. !>., 124, 133; Nos. 561, 562. limited to unappropriated public land. 5 I.. J'.. 172; No. 565. If the land is BUbject to, and the applicant is qualified the only question thereafter i- compliance with the law. 5 L. 1>., 196; No. 571. Nol allowed where settlement could onlv be elicited bv forcible intrusion. ."> L. D.,377; No. 588. MATTHEWS's GUIDE. 135 Equitable title acquired by residence and cultivation. 5 L. D., 105 ; No. 558. Entry of single woman not affected by marriage before final proof. 5 L. 1)., 196; No. 571. The right of a widow to make entry recognized, though holding land covered by the entry of her husband on which final proof has not been made. 5 L. I).. 184; No. 569. Right cannot be maintained while holding under pre-emption claim. 5 L. D., 403 ; No. 592. A tract "cornering" upon another is not " contiguous " thereto within the meaning of section 2289, R. S. 5 L. I)., (>83 ; No. 608. Claimant that alleges residence before required, must show the same. 5 L. D., 440; No. 1228. General requirements of the law not waived by the act of May 14, 1880. 5 L. D., 172; No. 565. Claim secured through concessions made a conflicting settler. 5L. 1)., 119; No. 560. Entry does not authorize general disposition of timber. 5 L. D., 389; No. 2087. Not allowed where the evident purpose was to wrongfully secure the improve- ments of another. 5 L. D., 377 ; No. 588. Terms of the law must be complied with though the entry may be of land re- quiring irrigation. 5 L. D., 296; No. 585. Claim of one that fails in residence will not defeat a pre-emptor that has not filed. 5 1,1), 188; No. 1218. Additional entry under the acts of 1S79, as amended May 6, 1866. Circular of July 26, 1886. 5 L. D., 128 ; No 114. i " Boxing" pine trees not cultivation under homestead law. 5 L. D., 389; No. 2087. Requirements : The law insists on the cultivation for five years, even during periods when his absence is excusable ; an entryman earning $1.59 to $1.75 per day at his trade has no excuse for failure to cultivate. 2 L. D., 73 ; No. 349. A persisting drought excuses the failure to cultivate. 2 L. D., 149 ; No. 325. In commutation entry cultivation must be proved. 2 L. D., 72 ; No. 273. The occupancy and use of land for lumbering purposes does not constitute the improvement contemplated by the homestead law. 3 L. D., 63 ; No. 324. Commutation of entry will not be allowed in the absence of bona fide cultiva- tion and residence. 3 L. D., 63 ; No. 424. Roth residence and cultivation required except in cases of adjoining farm. 3 L. D., 141 ; No. 429. 1 n grazing countries use of the land for that purpose, coupled with the resi- dence, held to be in compliance with homestead laws. 3 L. D., 141 ; No. 429. The cultivation required by Sec. 2301, R. S., is satisfied by clearing the land for the purpose of planting, when it appears that sufficient time has not elapsed for further acts in that direction. 3 L. D., 49 ; No. 421. Heirs-must cultivate till the five years expire. 3 L. D., 465 ; No. 407. An honest settler's rights should not be defeated on mere technical and specu- lative grounds. 2 L. D., 163 ; No. 406. A homestead settler who gave the required notice under act June 4, 1880, was constructivelv residing on his claim until October 1, 1881 ; contest for abandon- ment would not lie prior to April 1, 1882. 2 L. D., 28 ; No. 286. It is competent for a contestant, alleging abandonment prior to April 1, 1882, to show that the settler did not meet with a loss or failure of crops. 2 L, D., Ill : No. 351. Where an entry is relinquished because of the ravages of grasshoppers, the homestead right is exhausted. 2 L. D., 141 ; No. 382. Allegations of grasshopper ravages as excuse for a failure to offer final proof within 1 the time required must be founded on prior proper notice and absence from the land. 2 L. D., 622 ; No. 1083. 1^6 MATTHEWS GUIDE. Death. I fentryman entitled to patent at .loath, his right inurea to his heirs (or widow). '.. * Widow or heir i- not required to reside on the land. 2 L.JD., 74 ; No. 349. ■ n death, the law casts the homestead right on the "widow, who must however, so indicate her intention of claiming the land that third persons will ; prejudiced by her laches. 2 L. 1>., 139; No. A widow, as the legal representative of her deceased husband, may continue tivate lil— home b ad, and at the same time may make entry in her own . 2 L. 1'.. L69; No. \ Where < ntryman (prior to act June 15, 1880), devised the land to hi- daugh- ter, afterwards i m it as head of a family, his widow, who deserted him prior to the entry, is barred. - L. D.,85; No. 409. B fore the rights of heirs in general are considered, it must be shown that there is neither widow nor minor child surviving. 2L. D.,98; No. 2S9. 1! irs may acquire title in either of the several way.- I in the home- may purchase under Sec. 2. act of June 15, 1880, though al 2 L. D.,98; No The ifasingle man, who made formal application before his death, ha- the right of entry. 2 L. I'.. 85 ; N o. 410; Bee Nos. 626, I 129, L986, None but the widow, or minor orphan children, can have credit for the soldier's service, in making an original entry, 2 h. 1)., 211: No, The entire term of the soldier's enlistment is to be credited to the widow, although he was discharged before its expiration Lose of the war. J I. 1'. L79; No. 214. Authorized sale under Sec. 2292, R. S., vests hill title in purchaser, who, in order to obtain pat' at, must pay office fees only, 2 L. I)., 76; No. 315. th of applicant prior to allowance of entry, his heirs may make the entry. 2 L 1»., 77 ; No. :;:;:>. mil v i .1' hushand (the entryrnan) Ls to he regarded as " civil death." 2 L. J».. 103; No.3J Adjoining Fabm. iginal entry treated as adjoining farm, to save the rights of the entryrnan. 1 L. D.,71 ; No.! , • A I joining firm requires five years' residence, except when there may be credit fir military service. 1 L. D., <;s; No. 257.* . • tier of an undivided portion of a tract (less than 1 GO acres) may make adjoining farm entry, l L. D., 38; No. 221. Adjoining farm, allowed after purchase of original farm and before patent ..-. 1 L. 1>.. 61 ; No. 250. I itry cannot be made by one owning and residing on 160 acres who has given abond for a deed of the half of it, conditioned upon payment for the land in thl S. - L. D., '■)('.; No. 345. ; thereon is not required. 2L. D., 38; No. 378. The right to make doc- not relate hack to the date of settlement under the original entry. 5 L. 1»., 172; No. 565.* The right to make not modified bytheact of May 1 1, L880. 5 L. D., 172; No. • allowed to one that has had the benefit of the general law. b L. D., 121 ; No. 561. Additional in Railroad la- Limitations of right to additional. 1 L. D.,2 L I'.. 133; No. 562; see No. 54. :it exhausted by the filing and abandonment of a soldier's declaratory statement 5 L. !>.. 138; No. 562. BOLDIBBta Amuiwnai.. Right of soldier not restricted to contiguous land. 1 L. D., 4S; No. 237. Allowed when a quantity less than 160 acres was entered before June 22, 1874. l 1.. 1».. 48; No. 237. Certificates Bhould be delivered to the agent who filed the claim if he has properly discharged his duty, though a later power of attorney may have been filed by another. 1 L. D.,34; No. 216. Circular of February 13, 188::, discontinuing practice of certification. 1 L. 1».. 654 : No. 56. Any certificate of right issued bv the General Land Ollicc may be located by agent. 2 1.. 1'.. 240; No. 332. May ii"t be made on a tract withdrawn, for purpose of a sale, under Sec. 2455 l; 8. •_' L. I'., 242; No. 374. The practice in reference to assignments reviewed ; the right i^ personal, and the assignment of a certificate will not be recognized; a purchaser take< it subject to all defects, and is not an innocent purchaser. 2 L.D., 235 : No. 319. Where certificate has issued improperly to one (in .Missouri Hume Guards) without right of additional entry, it is void, and the entry made under it must be cameled. 2 L. D., 23.") ; No. 319. The purchaser of the certificate, having made entry, may (in this case) buy the land under Sec 2, act of June 15, 1880. 2 L. D., 238 : No. 331. The inadvertent use of the same original entry in a certificate subsequently issued does not invalidate a location upon the prior and prima facie valid certi- ficate. 2 L. D.,239; No. 401. .Mere suspicion of forgery, from a comparison of signatures <>n army pay-rolls, without allegations or other proof, mav not impair the claimant's right. 2 L. I).. 240; No. 408. in case of widow's marriage or death, her attorney does not thereby become the children's attorney, especially where their guardian has appointed another. 2 L. D.. 241 ; No. 370. Where a widow applies and dies before issue of the certificate, leaving chil- dren of the soldier, her right is extinguished, notwithstanding any power of attorney she mav have given, coupled with an interest or otherwise. 2 L. D., 241 ; No. 370. Where a power of attorney, coupled with an interest was executed by the sol- dier and bv his wife, and delivered to A as attorney, and the soldier died be- fore certification of his right ; on a new application by the widow, with power of attorney to B as her attorney, it is held, that A is entitled to possession of the certificate. 2 L. D., 30; No. 337. Where the soldier gave A a power of attorney in 1875, and B a power of at- torney in 1881, wherein all former powers were revoked, and 0, claiming to represent A, delegated his power to l>; held, that A might delegate his power to D directly, but not mdirectly through C; that, unless C can establish a privity with A the evidence filed byD cannot he utilized by B, but musl be returned to D,as requested, without prejudice to the soldier; and that B cannot be recognized as against A until he flies the evidence requisite to establish the claim. 2 L. D.,31 ; No. 359. When- A, as attorney for the soldier, filed a claim in 1878, which was afterwards rejected on A's request, and the soldier so notified bv him ; and B, as attorney, filed anew claim in 1879, and was duly recognized as the attor- ney; and A afterwards reflled the rejected claim, with a power of attorney luted in L878; and B filed a power of attorney, executed in .1880 and re- voking former powers : held, that A's action in procuring the rejection of the claim and notifying hi- principal thereof operated as a revocation Ol his power of attorney. 2X. l>.. 33; No. 371. MATTHEWs's GUIDE. 139' Presumption of death does not arise for seven years after entryman's disap- pearance. 2 L. D., 120 ; No. 357. The soldier's children take, not as heirs, but as donees, and are substituted to the soldier's rights where there is no widow, or in the event of her marriage or death. 2 L. D., 242 ; No. 370. A minor orphan daughter, surviving, succeeds to her father's entry, and may also make homestead entry in her own right. . 2 L. D., 99 ; No. 302. A minor orphan child surviving, and coming of age before time for making final proof, will not be required to establish residence but must improve and cultivate the land. 2 L. D., 101, 244 ; Nos. 367, 380. Application for minor orphan children must bo made on the ordinary forms, name the children, and be signed by the guardian ; guardian must make the affidavit at the local office, or if he or one of the children is residing on the land, before the county clerk. 2 L. D., 244 ; No. 3SG. Where an attorney "through fraud obtained a power to sell the additional homestead right, the certificate and location made thereunder will be canceled and a new certificate issued to the soldier. 3 L. D., 39 ; No. 418. Non-contiguous locations under one certificate. 3 L. D., 472 ; No. 459. The right to make additional entry exhausted when once used irrespective of the amount entered. 3 L. D., 509 ; No. 463. Right to make additional entry accorded to the minor, though the soldier's entry had been canceled for abandonment. 3 L. 1)., 395 ; No. 452. A certain condition properly inserted in certificate. 4 L. D., 323 ; No. 503. Eight to make non-assignable. 4 L. D., 323 ; No. 503. Without proof as to military service there is no right of entry. 4 L. D., 323 ; No. 503. Status of certificates issued before and after February 13, 1883. 4 L. D., 323 ; No. 503. Unlawful possession of land no bar to location by another. 4 L. D., 560 ; No. 545. Extent of additional entry determined by the difference between the origi- nal entry and 160 acres. 5 L. D., 10 ; No. 553. Residence and cultivation required under location where the original entry was canceled for failure to make final proof. 5 L. D., 10 ; No. 553. Entry for minor heirs allowed to stand though the application did not con- tain the names of all the minors. 5 L. D., 222 ; No. 575. Certificate issued to widow may properly require her to show that she has not remarried. 5 L. D., 264 ; No. 570 ; but see Nos. 503, 636. Recognized when made through an agent in conformity with practice. 5 L. D., 289 ; No. 583. Indian. The act of January 18, 1881, for the relief of the Winnebago Indians, ex- tended the time within which homesteads, taken under the act of March 3, 1875, could be entered and completed, for a period long enough at least to enable the claimants to use to advantage the money appropriated in making entries, erecting dwellings, and cultivating and improving the lands so entered and selected ; such selections and entries (in Wisconsin) are not at present subject to contest. 2 L. D., 191 ; No. 651. Certain suspended Michigan, entries to be examined after due notice. 4 L. D., 144 ; No. 657. Right of, shown by agent's certificate. 4 L. D., 144 ; No. (157. Extent of compliance with the general law required. 4 L. D., 144 ; No. (157. Commutation. The entryman, applying to purchase under Sec. 2301, It. S., must show that he has in good faith cultivated the land. 2 L. D., 72 ; No. 373. A probate judge in Dakota, acting as clerk, may take the commutation affi- davit, provided that it be taken at the county seat where the probate court is holden. 2 L. D., 224 ; No. 870. 140 MAI I III.U - ,- '.I IDE. rife or minor child may commute only as an :i try to be referred to Board of Equitable Adjudication. 2 J~ 1».. 81; No. 3 animation of the homestead entry. -1 L. L., 347, 442; No-. 507, 522. [nal entn immutation and foUowB the determina- tion th< n • t -i L. '!'-. 2 17; No. 494. ■ :iw right 4 L. D., 441 ; Ri i a prior compliance with the homestead law. i L . 194. to an entry made under section rised 4 L. D., ! 14. Purchaser after commutation and prior to patent tali I to the action oftto t I- D., 847; N . - ; months' residence after entry not > -.-• utial. 4 L. D., 41S; No. 518. . months' tired as an assurance of good faith. 4 L. !».. • 10. Allowed though residencedid not coversix months from entry. 4 L.D.. No. 501. under the pre-emption law govern i Lence. 4 L 1>., i'77, of in, properly includes residence. 4 L. D., 347, 38 1 ; Nos. 50< , 510. Bomestead right lost through failure of commutation entry. 5 L. D., 392 ; Bight of, not defeated by failure to establish residence within the required I in the i an intervening adverse claim. 5 L. 1)., 075 ; No. 598. As , the a,t of May 14, 18S0. 5 L. D., 94 ; No. 55a Act op June 15, 1880. Bight of purchase not personal 1 L. D., 50; No. 239. Purchase may be made by any person who through entry or by operation of law! ded to the right to make final proof, i L.D. ,50,56; Nos. 239,244. ■a of purchase accorded the first applicant where several entries had been canceled. 1 L. D.,96; No. 285. Alien heirs may purchase. 1 L. D., 98; No. 292. •ister who was appointed after entry allowed to purchase. 1 L. 1)., 73; 2 (1. Entry of alien may be purchased by widow. 1 L. D., 55; No. 244. If a single woman makes entry and then marries, the husband is not enti- tled to purchase in his own name in the event of her death. Patent in Mich to the heirs. 1 L. D., 84 ; No. 272. Widow or heirs, not administrator, may purchase, l L. D., 35; No. 217. Bight of widow or heirs defeated by transfer. 1 L. L>., :;5 ; No. 217. Alienation of land no bar to purchase. 1 L. D., 74; No. 262. Purchase can be made after cancellation. 1 L. D, 57, 69, 96 ; Nos. 246, 258, Purchase allowed where final proof failed. 1 L. !>., 75; No. 263. Purchase allowed though entry was void at inception, l L.D.,25; No. 220. Intervening vested rights protected as against said act. 1 L. D , 258. The term "no laws" used in the second section of said act in a generic •. 1 L. D„ 69; No. - Right of purchase defeated by intervening timber-culture entry, or right of •option. 1 L.D ree by bona fide instrument of the entryman'e improvement and pos- : v right can purchase under said act. 1 I.. 1 ' .241. . ,n ofdup ipt not such evidence of transfer as to authorize purchase. 1 L.D.,67; No. 255. Transfer subsequent to act confers no right of purchase upon transferee. 1 L.D 864. Att b tnsfer prior to actcarriee right of purchase, though the deed aotmade till after the passage of the act l L.D., 72; No. 200. MATTHKH'SH GUIDE. 141 Transfer of land must bo in writing to carry right of purchase. 1 L. D. 67 ; No. 255. " Bona fide instrument in writing" not necessarily a deed in legal form 1 L D.,53; No. 241. ° An executed or present transfer, and not an agreement to transfer in futuro (after entry), is meant by the act. 2 L. D., 53 ; No. 305. A contract to convey the land does not deprive entryman of benefit of the act. 2 L. D., 94 ; No. 29!) ; see Nos. 318, 600.. Irregularity or illegality of entry— fraud not appearing— is not a bar to the right. 2 L. D., 94 ; No. 299. An attempted transfer subsequent to June 15, 1880, cannot become effective, the act having relation to past transactions only. 2 L. D., 177 ; No. 400. There is no right of purchase in one to whom the lands have already been patented under the general homestead law, notwithstanding there may be douht about the validity of the title to them. 2 L. I)., 114 ; No. 820 ; see No. 813. The entryman has right of purchase while his appeal from the Commissioner's action is pending before the Secretary, prior to the cancellation of his entry 2 L. D., 51 ; No. 303 ; see Nos. 350, 550, 604. When judgment against the entry has become final under the rules, in the local office or on appeal, the contestant's preferred right of entry attaches and if duly exercised bars the entryman's right of purchase on a subsequent appli- cation. 2 L. D., 104 ; No. 350 ; see Nos. 550, 004. The deserted wife or minor child of the entryman may purchase, a s his agent; entry must be referred to Board of Equitable Adjudication. 2 L I) 81 ; No. 360. ' '' The assignee of an erroneously-issued and invalid certificate of soldier.-' ad- ditional homestead right may (in this case) purchase the tract already entered by him. 2 L. D., 238 ; No. 331. The legal successors (in this case the devisee) is entitled to purchase 2 L D., 83 ; No. 409. As the entryman in this case, if living, might have purchased at date of the application (after contest, but before healing), this right descended to his heirs 2 L. D., 99, 523 ; Nos. 297, 1403 ; but see Nos. 550, 604. A devisee has the right of purchase, as the transferee by will ; applied to case where entryman's widow had deserted him several years before his death, and he had devised land to his daughter, who afterwards resided on and improved it as head of a family. 2 L. D., 82 ; No. 409. Where one made homestead entry under the general law in 1874, and, in faith, a soldier's homestead entry in 1878, and pending contest against the latter, made application to purchase: held that, notwithstanding the irregularity, he may make purchase. 2 L. D., 124 ; No. 303 ; but see Nos. 550, 004. Where the entryman sold his homestead right, and delivered possession of the land, which was occupied and improved bv the transferee, his right of pur- chase is defeated. 2 L. D., 125 ; No. 318 ; but see Nos. 299, 600. The entryman can purchase only such part of the homestead as he has not attempted to transfer ; if he has attempted to transfer, only the transferee has the right of purchasing, in whole or in part, unless there be a mutual agreement to the contrary. 2 L. D., 176; No. 400. The required affidavit of an applicant to purchase may be made elsewhere than in the land district, for good cause shown, before any qualified officer hav- ing a seal. 2 L. D., 128 ; No. 338. The proviso in this section was not necessary to protect subsequent entrymen, the intention of Congress, from general considerations, bein<* sufficiently clear without it. 2 L. D., 165 ; No. 350. Sight of purchase barred by pre-emption claim. 3 L. D.. 374 ; No. 1143. Widow may purchase. 3 L. I)., 490 ; No. 1474. Widow, instead of administrator, may purchase. 3 L. I)., 400- No 407 Construed with the act of May 14, 1880. 4 L. 1)., 580 ; No. 550. , Right of purchase defined. 4 L. D., 465 ; No. 527. Right of purchase not lost with cancellation of entry. 4 1,. I).. 21 ; No. 478. 142 MATTHEWS GUIDE. Only land subject to entry may be purchased. 4 L. D., 171 ; No. 492. Intervening filing ban the right of purchase. 4 L. D., 406, 493; No. 527,530. >,t of purchase recognized in case of entry made by an alien who subse- quently declared his intention to become a citizen. 4 L. D., 504; No. 547. Bearing ordered, after purchase, on the charge that the original entry was fraudulent 4 L 1 (.,578; No. 549. Application to pnrcbaee reaervee the land. 4 L. D., 32 ; No. 480. _ During contest the right of purchase exists until final judgment in lavor of oontestant 4 L. D., 21 ; No. 478 ; but see Nos. 550, 004. • Application should not be carried to entrv until right of appeal allowed to adverse parties has expired. 4 L.D., 21; No. 478; but see also Nos. 550, 604. Purchase hereunder not allowed pending contest concerning the right of entrv. 4 L D., 463, W6; No. 527. Right of purchase cut off by intervening contest. 4 L. D., 5S0 ; No. •>.>(>; see \ | ,< i i Remedial, and construed liberally. 5 L. D., 10; No. .V..".. No restrictions On purchase under, except those applicable to ordinary cash entrv. 5 L. 1 >.,535; No. 000. i right of purchase in transferee who became such after the passage of the act. 5L. !>.. 11 : No. 554. I mtract of sale prior to purchase does not affect rights under. 5 J., i >..■>•■•>; ,00. Purchase oot permissible pending intervening contest. 5 L. D.,229; No. Right of purchase suspended by intervening contest. 5 L. 1>.. 188,606; No. 121 -. Purchase defeated by order of cancellation following successful contest 5 '• D.,606; No. 604. . , E _ _ 000 „ Right of purchase not defeated by cancellation of entry. 5 L. l».. ; wp. Purchase allowed after cancellation of entry. 5L. D., 529; No. L548. Right of purchaseas a subsisting claim to the land. 5 L. I».. 529; No. 1548. Widow of entryman may purchase. 5 L. ])., 333; No. 1534. Extends to an entry where the original affidavit was illegally made. •> L. D., lir >; No. 559. . . _ x _ ,, Purchase allowed where the entry was void at inception. •> L. P., 118; NO. 559. Application under, may be entertained for land patented on entry within terms of the ad on surrender of the patent. 5 L. D., 301: No. 843. ! B not authorize the purchase of land entered by mistake m case stated. 5 L. !».. L05; No. .,,.-,, Application under, inconsistent with the claim of due compliance with the homestead law. 5 L. D., 229; No. 577. Not dependent upon compliance with or qualifications under the honiesl ad law. 5 L. D., 535; No. 800. Purchase under this ad aotthe equivalenl to residence and cultivation. ■> l- D.,10; No.558. __ _ ,,, Righl to purchase not dependent upon residence or occupancy. •> L. v., ...,..; No. 1534. -CAUTION l.\W, The priviledge of pre-emption now extend- to settlement on unsurveyed as v.. II as on surveyed lands. and a credit of from twelve to thirty-three months is given the pre-emptor by residence thereon. By ad of application at a di-trict land office and the payment oi a lee (or the tration ofhie claim by filing a declaratory statement, a person gains the right to OCCUpy thereunder a certain tract of land, offered or unollered. now not more than 160 nor less than 40acres (in the first ad the quantity was 640 acn b), for a limited period, with obligation at the end of that period to pay to the MATTHEWS's GUIDE. JtfVkoniO Utlr^^ United States $1.25 per acre for the land in the tract claimed or entered, or $2.50 per acre, as the case may he, and receive a patent therefor. 1. The qualifications required of a pre-emptor are that lie (or she) shall be a citizen of the United States (or have declared an intention to become such) ; over twenty-one years of age or the head of a family ; an actual inhabitant of t he tract claimed ; and not be the proprietor of 320 acres of land in any State or Territory. 2. A person who has removed from land of his own to reside on puhhc land in the same State or Territory, or who has previously exercised his pre-emption right, is not a qualified pre-emptor. :;. Lands included in any reservation, or within the limits of any incorporated town, or selected as the site of a city or town, or actually settled and occupied for purposes of trade and business "and not for agriculture, or on which there are any known salines or minerals, are not subject to pre-eniption. 4. If the land is surveyed, but has not been " offered," the declaratory statement must be filed within three months from date of settlement. If upon " offered " land, the filing must be made within thirty days. 5. If the land is unsurveyd at the time of settlement, the declaratory statement must be filed within three months after the date of filing the town ship olat in the local office. 6". Failure to file a declaratory statement within the time prescribed makes the land liable to the claim of an adverse settler who does file notice of his in- tention at the proper time. . 7. The land-office fee for filing a declaratory statement is $2, except in the Pacific States and Territories, where the fee is $3. 8. A pre-emption filing can be made only by an actual settler on the land. A filing without settlement is illegal, and no rights are acquired thereby, unles- settlement is made before the interveirttejn of an adverse claim. 9. The existence of a pre-emption filingifin a tract of land does not prevent another filing to be made of the same landS|bject to any valid rights acquired by virtue of the former filing and actual settlement, if any. 10. On offered lands proof and payment must KJ&nade within twelve months from date of settlement. <*ti&* , . , . .-.._. 11. If the land is unoffered, proof and payment nUi^be made within thirty- three months from date of settlement. 1 2. A failure to make proof and payment as prescribed by law renders the land subject to appropriation by the first legal applicant. 1 : ;. The requirements of actual inhabitancy and improvement must be observed as strictly under the pre-emption law as under the homestead law. 14. Failure to inhabit and improve the land in good faith, as required by law, renders the land subject to contest and the entry to investigation and can- cellation. , , 15. Final proof in pre-emption cases must be made to the satisfaction ot the register and receiver, whose decision, as in other cases, is subject to examina- tion and review by the General Land Office. 16. Publication of notice to make proof is required as in homestead cases. 17. The final affidavit must be made before the register or receiver, or before the clerk of a court of record in the county and State or district and Terri- tory where the land is situated. If in an unorganized county the proof may be made in a similar manner in any adjacent county in the same State or Territory. 18. The pre-emptor is required to make oath that he has not previously ex- ercised his pre-emption right; that he is not the owner of 320 acres of land; that he has not settled upon and improved the land to sell the same on specu- lation, but in good faith to appropriate it to his own exclusive use ; that he has not made any contract or agreement, directly or indirectly, in any way or manner, with" any person whomsoever, by which the title he may acquire from the United States shall inure in whole or in part to the benefit of any person except himself. 144 UATTHEWS'a GUIDE. l!>. Any person swearing falsely /or/ Us all right to tlu land and to il •■ purcluue- ' .. to prosecution under the criminal laws of the 1 States. inns of the several papers required to be filed in the prosecution of a . including final proof forma, may be obtained on application by mail or otherwise at the district land offic PR14-KMPTION R0UNOS. A- ertion of claim under the law required to constitute alegalclain. l L D., 453; No. 1021. lelits of, not secured bv mere occupancy of public land. 1 L. D., 4">: , ) ; 1021. A c mditional claim is unknown to the law. 1 L. D., 404 ; No. 1045. The l i iv- 1 in time in the commencement of proceedings is the first in right if Buch pro -ceding;? are regularly foil >wed up. 1 L. D., 4U4; No. 1045. j do not include Indians. 1 L. 1>., 4:)1 ; No. 1040. Right t<> make entry recognized on return to land alter absence. 1 L. D . No. I The possibility of one party taking the improvements of another is within »p • of the' law. 1 L. [)'., AS.) ; No. 1054. A div'Orced woman cannot claim the benefit of acts performed by her forim r husband, but must rely on her own compliance with the law as a single woman or head of a family. 1 L. 1>., 401 ; No. 1033. Entry of married woman who had complied with the law and published Bnal proof prior to marriage sent to the Board of Equitable Adjudi- cation. 1 L. D..400; No. 1063. Fraudulent claim as a divorced wife. 1 L. I)., 421 ; No. 105."). Tip' purchase of a dwelling-house is equivalent to its erection. 1 L. D., 187 ; No. 1774. I 1 . , . ication of pre-emptor not affected by the ownership of land as a trus- ! I.. D.,462; No. 1042. i 1 urn of one who removes from land of his own to settle on public land in did. 1 E. I)., 405; No. 1030. !;• moval from home in town or city not within the inhibition of Sec. 2260, R. S. 1 L. D.,490; No. 1009. ond clau e of section 2260, R.S., discussed generally. 1 L. D., 492; No. ht within the incorporated limits of a town, under act of March 3, Is. 7. 1 I D.,497; No. 2107. cumstonc s as well as tine recognized in the developement of the settler's g iod faith. 1 L. 1'.. 446; No. 1053. Pre-i tnptor may file for 160 acres, though claiming less at settlement, if con- ict is vacant. 1 L. 1>.. 405 ; N >. I 1 lit exhausted by the entry of eighty acres. I L. D., 485; No. 103 2383, l:. 8. 1 L D.,501 ; No. 2109. ■'it restrict* d to the lot EOttled upon and one additional on which the Set- tler I emenl i. l L. !>., 502: No. -110. lots confined to scalers having the qualifications of a pre-emptor. 1 I. tX.502; No. -Mo. Pre-emption right is not the Bubject of sale and transfer. 2 L. IX. the right to hold land before payment is made therefor, upon promising , v tli^ land at a stipulated time, together with the right to purchase at bucd time; it is initiated by settlement and filing a declaratory statement, and has had i»s full lite when' the stipulated time of purchase arrives. - L. D., No. IK-:,. Where B tiled for A. without A's consent or ratification, the right was not exhausted. 'J L. !>., 621 ; No. 1078 MATTIIEWS'S GUIDE. 145 Where a pre-emptor voluntarily abandons his claim in the fece of an advers ■ claim which he might have successfully contested, he exhausts his right, 2 L. J)., 573; No. 1093. A pre-emption filing which is a declaration of one's intention to claim a tract of land, confers a mere preferred right against third persons, but none against the United States ; land covered by it is public land, and is open to settlement or entry, subject only to the preferred right of pre-emption. 2 L. D., 581 ; No. 1034. To be valid, must be founded upon a prior actual settlement. 2 L. D., t>21 ; No. 1078 ; but see Nos. 1087, 1143, 1157, 1163, 1204, 1208, 1237. May be valid as to one part and invalid as to another part of the land cov- ered by it ; as where A surrendered possession of the W. | of a quarter, and B, who filed for the whole of it, took possession of the W. £ alone. 2 L. D., 637 ; No. 1091. If not made within the time limited (three months), is barred by an inter- vening homestead entry, and right to land is forfeited. 2 L. D., 578 ; No. 1109. A pre-emptor may file but one declaratory statement on the same or on an- other tract; applied to a case where a second filing was offered because settler found it impossible to raise good crops on his claim. 2 L. D., 854 ; No. 1106. Where the settler relinquishes the land in the face of a homestead claim, he cannot have his filing reinstated on the ground that the contract consideration for relinquishment was not paid by the homestead claimant. 2 L. D., 621 ; No. 1083. May be made by one who temporarily occupied a tract on which a former filing had been made in his name by a brother, without consent or prior set- tlement. 2 L. D., 620 ; No. 1078. Where final homestead proof is not made within the required time, filings made are permitted to stand in the absence of adverse claims ; where entry is afterwards made, the right under the filing is at an end. 2 L. D., 621 ; No. 1083. Where one owned land (homestead, after final proof) in the same Territory and made a deed of it to another prior to settlement, but did not deliver the deed until after settlement, he was not a qualified pre-emptor. 2 L. D., 579 ; No. 1109. Settlement may not be made by one removing from land which he has bought and paid for, though no deed for it has passed. 2 L. D., 616 ; No. 1089. A married woman may not make an entry ; marriage (by consent and cohabi- tation) to one from whom she had been previously divorced (in Minnesota) is valid under the code of Dakota. 2 L. D., 600 ; No. 1090. May be made by a deserted wife, as the head of a family. 2 L. D., 312 ; No. 1857. May be made on lands formerly covered by a timber-culture entry, where there is no intervening right of a successful contestant applying under the homestead or timber-culture laws. 2 L. D., 294 ; No. 1835. The decision, holding for cancellation an entry at $1.25 made in an even sec- tion (railroad limits) prior to receipt of notice of an executive withdrawal for railroad purposes, is reversed. 2 L. D., 557 ; No. 1412. There is no qualification of the provision allowing one to homestead land " upon which such person may have filed a pre-emption claim ; " the right t i transmute is incident to a valid pre-emption right, and when exercised relates back to the date of the pre-emptor's settlement. 2 L. D., 635 ; No. 1091. Application to transmute should be received, and notice thereof be given to a subsequent entryman ; if the validity of the pre-emption claim is not impeached, the subsequent entry should be canceled and the transmutation allowed. 2 L. D., 637 ; No. 1091. Where A makes a pre-emption filing, and afterwards B makes a claim (hone- stead) subject to it, if A makes application to transmute and B denies his right to do so, the burden and expense of disproving his right is on B. 2 L. D., <>:;" ; No. 1091. 146 MATTH FAVs's GUIDE. A pre-emptor. who has complied with the prerequisites of the statute, is en- titled to a certificate of entry. 2L.D..167; No. 860. Lficate i> only prima fait evidence of payment. 2 L. I>., 48; No. :::'>•>. In general terms is a special preference given to a claimant, by which he may hold to the exclusion of others, dependent upon the performance of conditions. 3 |.. P., 71,434; Nos. 146, 2118. Right of, begins with settlement :: J- I'.. 272,281 ; Nob. 1448, 1134. Bight of, not initiated by forcible intrusion. :; 1.. D., 279; No. 427. Bight <>f. n.>t acquired without residence. :'. I.. D., 276; No. ills. Baaed on settlement and filing for the benefil or another void . Pre-emptor having failed to prove up within statutory period may purchase in the absence of adverse claim. 3 L. D., 272 ; No. 1448. The right to transmutea filing to a homestead entry does .not extend to the widow or heirs of the pre-emptor. 3L. D.,274; No. 443. Filing on Bchool section in California may he transmuted to a homestead. 3 I- D.,229; No. 438. ..,.,., The administrator, or heirs, may complete the claim of a deceased pre-emp- tor. 3 L. D., 274; No. 443. ' , B . The rights of the purchaser are established on final proof and payment ana no failure of the district office to act thereon can affect the same. 3 L. D., L72; No. 741. . . , \ pre-emptor in Kansas having become insane alter filing and three years residence, the wife's homestead entry in her own name was. in view of the local law, treated as a transmutation and credit allowed for the residence. 3 'offered' land is Bubject to the entry of other purchasers, after laches in filing by the settler, but is not forfeited as to the government 3 L.D.,119; No. 1448. ' failure to cultivate on the part of the heir excused for climatic reasons. 3 The " trade and business " contemplated ill Sec. 2258, R. S., must be actual. 3 L. 1>., 283 ; No. 414. But one filing allowed under the law. 3L.D.,258; No. 1137. ,nd, allowed only after careful scrutiny. 3 L. 1)., 161 ; No. 87; see also ,899, 1155. , , . - -uid, not allowed where the first was made upon a tract claimed by another, in the belief that such claim would be relinquished, which claim was relin- quished. 3 L. D., 1 si ; No. L133. ' - Miid. allowed where the first did not correspond with the settlement. :; I, |t 93 ; No. 1 L27. A filing based upon settlement made in trespass is a nullity. 3L. D., 188; An "expired pre-emption filing" is no bar to the disposition of public land. :; L I» 317; No. 900. Where the claimant- are equally in laches as to filing, the land is awarded to the prior record and settlement. 3 L. D.,347 ; No. mi; Bee also No. 1034. Filing before settlement cured by settlement prior to the inception of an ad- vereenght 3 L. D.,374, 199; No-, in:;. L163. MATTHEWS'S GUIDE. 147 Second filing not allowed on account of untillable character of land where there lias been no cultivation, 3 L. D., 379; No. 1145. The right to tile exhausted by filing made through agent. 3 L. D., 391 ; No. 1151. Declaratory statement must be filed within statutory period to protect the settler. 3 L. D., 455 ; No. 1159. Pre-emptor at time of filing was not qualified, but as the disqualification had ceased to exist prior to the inception of an adverse right he was allowed to purchase. 3 I.. D., 500 ; No. 1163. Failure of pre-emptor to declare his intention of becoming a citizen, prior to filing, may be cured before the intervention of an adverse right. 3 L. D., 452 ; No. 1157. A nominal change of residence will not defeat the inhibition of Sec. 2360, R. S. 3 L. D., 56 ; No. 1112. The proprietor of three hundred and twenty acres cannot render himself a competent pre-emptor by the conveyance of one acre to his infant child. 3 L. D., 56; No. 1112. Marriage of single woman, after filing and before final proof, defeats the right of purchase. 3 L. D., 384 ; No. 1148. Expired filing, how treated. 3 L. D., 576 ; No. 94. Right of, as against adverse claims, rests upon priority in settlement. 4 L. D., 423 ; No. 1202. Claimant must have the requisite qualifications at settlement. 4 L. D., 116 ; No. 1180. No validity in the filing and settlement of one who has exhausted his pre- emptive right. 4 L. D., 560 ; No. 545. Right of, not acquired by settlement upon land under control and occupa- tion of another. 4 L. D., 124 ; No. 1182. Declaratory statement is for protection as against the claims of subsequent settlers. 4 L. D., 514 ; No. 1208. Right of not dependent upon filing declaratory statement. 4 L. D., 514 ; No. 12D8. The purchase of improvements already upon the land equivalent to making the same. 4 L. D., 56, 63, 259 ; Nos. 1174, 1175, 498. Cultivation in person not requisite. 4 L. D., 50; No. 1174. Use of land for grazing purposes held to be cultivation. 4 L. D., 502 ; No. 12 L. D., 274, 537 ; Nos. 1528, 1231. Depends upon settlement made on land subject thereto. 5 L. D., 289; No. 583. is a preferred right of purchase. 5 L. D., 274, 537 ; Nos. 1528, 1231. 14S MATTUKW.-S i. TIDE. Is based upon settlement, inhabitancy, and cultivation. ■"> L. D.,537; No. The preference right of purchase, acquired by settlement, filing, and resi- dence, const i mies the nature and substance of a pre-emption claim. 5 L. D., A claim resting on the settlement and filing of one who had previously ex- hansted bia right is illegal. 5 L. 1>.. l»'>; No. ■ /illegal. 5 L. P., 16; No. 555. Filing and entry of one who removes from land of his own to settle upon public land in the same State exhausts right of. 5 L. D., 413; No. 1227. Right of, once exhausted, cannot be restored except by Congress. 5 L. D., 643; No. Li Right of. as affected by failure to file in case of intervening claim. 5 L. D., ISSfNo. 1218. Claim finally concluded if unsuccessfully set up to defeat the final proof ol another. 5 L." D, 260 ; No. 1220. " Trade and business " that exempts land from. 5 L. D., 180 ; No. 414. Not precluded by abandoned townsite settlement. 5 L. D., 180; No. 414. Fraudulent if made in the interest of another. 5 L. D., 52; No. 1212. Right of, when accorded to a " deserted wife." 5 L. D., 42 ; No. 1213. Invalid claim not strengthened by transmutation, 5 L. D., 16; No. 555. All the acts required by law must be performed before any right is secured as against the government. 5 L. D., 442 ; No. 664. Not defeated by homsteader who alleges residence within less than bit months after entry and fails to show the same/ 5 L. D., 440 ; No. 1228. Right of, does not extend to land occupied under military authoritv. 6 L. D-376; No. 1225. Heirs may enter within time accorded the pre-emptor. 5 L. D., 4>4; No. Administrator after qualification, may enter. 5 L. D., 454 ; No. 1229. Right of administrator defeated by the intervention of an adverse claim un- Less asserted in proper time. 5 L. D., 454; No. 122!'. Dutv of administrator fixed by notice of the claim. 5 L. D., 454 ; N >. 1229. The adverse claim ofa railroad company is not that of "any other purchaser." 5L. D.. 47:;; No. 1547. Where rights and equities are equal the first in time has the better title. 5 LuD.,643; No. 1235. THE TIMBER-CULTURE LAWS. The act of March 3, 1873 (17 Stats., 605), entitled "An act to encoti the growth of timber on the western prairies," provided that any person might make an entry under that act on any quarter section of the public lands. Entii< - under that act were not restricted to heads of families, persons twenty- one years of age, citizens, or those who had declared their intention to be> citizens of the United State- 1 . Persons making entries under said act were required to plant, protect, and keep in a healthy growing condition for ten (lo) years forty acres oftimbi the quarter section entered. Tin 1 trees were to be not more than twelve (12 apart each way. Only one quarter of any section could be entered. Entrief were to be made for tl" altavation of timber. Final proof could be made at the expiration of ten | LO) years from the date of entry or at any time within three c;) year- thereafter. In making final entry under this act the party, <>r, if he be dead, his heirs or • itivee, must "prove bvtwo credible witnesses that he. shi . or they have planted, and for not less than ten years have cultivated and pro- !," the quantity and character of timber above mentioned. The act of March 13, 1874 (is Stats., 21), was an act amendatory of. and. from said March 13, 1874, a substitute for. the ad of .March 3.187.'.. All timber culture entries made between March 13, L874, and June 14,1878, were made under the act of 1874. This act provided thai citizens of the United Stati MATTHEWS'S GUIDE. 149 Eersons who had declared their intention of becoming citizens, and who were cads of families or had arrived at the age of twenty-one years, could make such entries. Entries were to be made for the cultivation of timber. Forty acres of timber on a quarter-section, and the like proportion of timber on less than a quarter-section, were required to be planted, protected, and kept in a healthy growing condition for eight (8) years. The trees were to be not more than twelve (12) feet apart each way. Only one quarter-section, or its equivalent, could be entered by any one per- son under this act. The party making an entry of one quarter-section was required to break ten (10) acres of the land the first year, ten (10) acres the second year, and twenty (20) acres the third year after thedate of the entry ; and to plant ten (10) acres of timber the second year, ten (10) acres the third year, and twenty (20) acres the fourth year after the date of the entry, and in the same proportion when the entry was for a less area than one quarter-section. Final proof could be made at the expiration of eight (8) years from the date of entry, or at any time within five (5) years thereafter. In making final entry under this act the party, or, if he be dead, his heirs or legal representatives, must "prove by two credible witnesses that he, she, or they have planted, and for not less than eight years have cultivated and protected," the quantity and character of timber mentioned in this act. In case of the death of a person who had complied with the provisions of the act for three (3) years the heirs or legal representatives had the option to continue the compliance for the remainder of the eight years and to receive patent accordingly, or to receive patent for forty (40) acres outright by relin- quishing all claim to the remainder. Entries made under the act of March 3, 1873, can be completed, and final proof made under the act of March 13, 1874, upon compliance with the pro- visions of the latter act. By the act of May 20, 1876 (19 Stat., 54), amendatory of the act of 1874, it was provided that whenever a party holding a claim or making final proof un- der said act should prove, by two credible witnesses, that the trees planted and growing on said claim were destroyed by grasshoppers during any one or more years, the time allowed in which to plant the trees and make final proof should be extended the same number of years as the trees planted were so de- stroyed. It was also provided that the planting of seeds, nuts, and cuttings should be considered a compliance with the timber-culture act, when such seeds, nuts, and cuttings should be properly and well planted, and the ground properly pre- pared and cultivated. It is not necessary under this act that the planting shall be done in one body, " provided the several bodies, not exceeding four in number, planted by measure- ment, aggregated the amount required and in the time required by the original and amended act." It was provided that in case the seeds, nuts, or cuttings should not germinate and grow, or should be destroyed by the depredations of grasshoppers, or from other inevitable accident, the ground should be replanted, or the vacancies filled within one year from the first planting. Parties claiming the benefit of this provisoin were to prove, by two good and credible witnesses, that the ground was properly prepared and planted, and that the destruction of the seeds, nuts, or cuttings was caused by inevitable accident. The act of June 14, 1878 (20 Stats., 113), is an act amendatory of, and, as to all entries made since June 14, 1878, is a substitute for, the act of March 13. 1S74. The following regulations under the timber-culture laws are prescribed — approved by Secretary Lamar July 12, 1887 : 1. The only persons who are authorized to make timber-culture entries under the act of June 14, 1878, are heads of families or single persons who have at- 1.50 M.vrnir.ws's GUIDE. tained the age of twenty-one yeara, and are citizens of the United States or Lave declared then* intention to become such, and who have made n<> previous entry under the timber-culture laws. •_'. Entries are restricted to one quarter-section or one hundred and sixty -. which may be portions of contiguous sub-divisions <>t" the Bection, pro- vided the entry forms a compact body of land. .;. No person can make more than one entry. Timber-culture rights once exhausted cannot be restored by the ( Jommissioner of the i reneral Land < mice. 4. No more than one-quarter of any section can be embraced in one entry, and tin- entire section must l>e exclusively prairie lands or other lands devoid Of timber. The removal of a natural growth of timber will not render land subject to timber-culture entry. 5, A person applying to make a timber-culture entry must file the affidavit prescribed by law, showing his qualifications to make the entry ; that the sec- tion of land specified in his application is composed exclusively of prairie or other lands devoid of timber; that the entry is made for the cultivation of timber and for his own exclusive use and benefit-; that he makes his applica- tion in good faith, and not for the purpose of speculation, nor directly or indi- rectly for the use or benefit of any other person or persons whomsoever ; that he intends to hold and cultivate the land and to fully comply with the provis- ions of the law, and that he has not heretofore made an entry under said tim- ber-culture at or any acts of which said act of 1878 is amendatory. The following form of affidavit is prescribed: timbkr-oulture a i 1 " 1 1 » av1t. Land Office at , {Date) , is— . I, , of (town or city) , county of . Stat r Terri- tory) of , having filed my application No. for an entry under the provision ofan act entitled " An act to amend an act entitled ' An act to encourage the growth of timber on the western prairies.'" approved June 14, 1878, do solemnly that I am the head of a family (or over twenty-one years of a and a citizen of the United States (or have declared my intention to become such i : that I have made personal examination of said land and from my per- sonal know ledge of the same Btate that the section of land specified in my said application is composed exclusively of prairie lands, or other lands devoid of timber; that this filing and entry \s made lor the cultivation of timber, and for my own exclusive use and benefit ; that I have made the Baid application in good faith ami not for the purpose of speculation, or directly or indirectly for the use or benefit of any other person or persons whomsoever ; that I intend to hold and cult i vat i • the land, and to fully comply with the pn>\ isions of this said ad ; and that I have not heretofore made an entry under this act, or the i' which this is amendatory. My post-office address is . I hereby certify that the foregoing affidavit was read to affiant in my pres- ence before be signed his name thereto; that said affiant is to me personally known (or has been satisfactorily identified before me by band that I verily believe him to be a credible person and the person he represents himself to be, and that this affidavit was subscribed to before meal my office in on this day of , 1^ — . Any person falsely swearing to this affidavit, or to any affidavit required by law or regulations under the timber-culture act. is guilty of perjury, and will be punished as the law provides for such offense. 6. The foregoing affidavit, and the non-mineral affidavit, can be made only upon the personal knowledge of affiant, and neither of said affidavits can he made by any other person than the applicant him-elf. MATTHEWS's GUIDE. 151 7. Non-mineral affidavits will be required in all timber-culture entries in districts in which non-mineral amdavits are required in other cases of agri- cultural entry, and must in every instance accompany the original entry appli- cation, and must be made at the same time and place and before the same officer as the original timber-culture affidavit. 8. All affidavits required under the timberculture laws must be made before the register or the receiver or the clerk of sonic court of record, or officer authorized to administer oaths in the district where the land is situated. Timber culture affidavits executed or signed outside of the district in which the land is situated, or executed or signed in blank, arc illegal. Every affiant must be sworn personally by the officer taking the affidavit, at his office, and at the date specified in 'the* jurat; and the officer taking the affidavit must cert ify that the person was so sworn and that the same was read in full t< > affiant before he affixed his signature thereto ; and the attesting officer must certify to the identity and credibility of the party appearing before him. 9 Timber-culture entries cannot be made for mineral lands, nor for lands within the limits of townsites, or covered by municipal improvements. 10. Before allowing any entry applied for, the register and receiver will, by a careful examination of the tract and plat books, satisfy themselves that the entry applied for will not conflict with any other entry or entries previously made. They will require the party to pay the fee and that part of the com- mission payable at the date of entry, for which the receiver will issue his receipt in duplicate (form 4-142), giving the duplicate receipt to the party. 11. The payments required by law on a timber-culture entry arc as follows: For eighty acres or less, fee $5, to be paid at date of entry ; commissions, $4 ; total, $9. For more than eighty acres, fee $10 at date of entry ; commissions, $4 ; total, $14. Besides, in each" case, 84 when final proof is made. No other fee, charge, gratuity, or reward is permitted to be paid or received for any ser- vices rendered at district land offices in connection with such entries. The receiver will account for the fees and commissions in the usual manner, indi- cating the same as fees and commissions on timber-culture entries. No dis- tinction is made, as to area or the amount of fee and commission*, between minimum and double minimum lands. The register and receiver will number the entry in its order and proper series of numbers and will note the entry on their records and report the same in their monthly returns, sending up all the papers therein, with an abstract of the entries allowed during the month. L2. Five acres on a quarter-section must be broken or plowed the first year, and five acres the second year. The second year the first five acres must be cultivated to crop or otherwise. The third year the second five acres must be cultivated to crop or otherwise, and the first five acres must be planted in tim- ber, seeds, or cuttings. The fourth year the second five acres must be planted in timber, seeds, or cuttings. Ten acres are thus to be plowed, planted, and cultivated on a quarter-section, and the same proportion when less than a quarter-section is entered. The whole ten acres or the due proportion thereof must be prepared and planted within four years from the date of entry, five acres being prepared the first and second years and planted the third year, and five acres being prepared the second and third years and planted the fourth year. 13. The preparation of the ground by breaking and cultivation to crops must be thorough. The plowing must be done at the proper season of the year and must be sufficiently deep to thoroughly break and mix the soil, and the culti- vation to crop must be actual and bona, fide. The object of the law is to pro- mote the cultivation of timber, and land not made fit, by careful and thorough preparation, to produce a growth of trees, is not prepared as contemplated by law, and a failure to strictly comply with the law renders the entry liable to contest. 14, Trees, tree seeds, or cuttings must be of suitable character to germinate and grow with proper cultivation, and must be carefully and properly set out or planted, and at a proper season of the year to ensure growth, and must be carefully and thoroughly cultivated. 152 MATTIIEWS'S GUIDE. ]:. Where lund is Belected for timbeavcultare entry which in ite natural state will not produce trees without irrigation, the ground will not be regarded as properly prepared nor the trees as properly cultivated unless thelandisim- l and the trees kept watered, . 16 Wherethe ground is properly prepared and cultivated, and the planting is, or cuttinga Lb well and Beasonably done, and the same Bhould not germinate and grow, the ground must here-planted and vacancies filled the same or next succeeding Beason. If the trees, seeds, or cuttings are »ved by grasshoppers or by extreme unusal droughts, the tune oi planting mav be extended one year for every year of such destruction, upon the filing in the local office of an affidavit by the entryman, corroborated bytwowifr ting forth the destruction and asking the extension oi tune provided 17 The offering of relinquishments for Bale after entry will be regarded and treated as evidence tending to prove the fraudulent or speculative character of 18. The following classes of trees are recognized as "timber" within the m< aning of the law, viz : Ash (including mountain ash, or service tree), alder basswood beech, birch, box elder, black walnut, butternut (otherwise called white walnut), cedar, chestnut, cottonwood, elm, fir, hickory, honey locust, larch, maple oak, pine, spruce, Bycamore (otherwise called buttonwood, or cotton tree) white wollow, whitewood (or tulip tree) ; and other trees recognized in Qie neighborhood as of value for timber, for firewood or domestic use or for commercial purposes. Fruit trees, hedges, and shrubbery cannot he classed as •' timber," and their cultivation is not sufficient to satisfy the demands of the ' 19 Final proof can be made at the expiration of eight years from date of sntry, or at any time within five years thereafter. In making linal proof it must be shown : #«-««%. P x. ■,at not less than twenty-seven hundred (2,/ 00) trees of the proper character were planted on each acre required to be planted. That the quantity and character of trees as aforesaid have been cul- tivated and protected for not Less than eight years preceding the time of making proof. . . . Third. That at the time of making proof there are growing at Least six hun- dred and Beventy-five (675) living ana thrifty trees to each acre. 20. Perfectjgood fcithmust be shown by claimants. If trees, seeds, or cuttings they must he replanted ; and not only must tree- he planted, but protected and cultivated in such manner as to promote their growth. "1 Ml entries since June 14, 1878, arc made under the act of that date. Parties who made entries under any of the former acts may complete the same and make final proof under the act of L878, upon showing that they have had under cultivation, for at leasteight years the number oi acres required by the 78 and at the time of presenting final prooi havethe number oi Living thrifty tree- required thereby; bul they need not .-how that they followed the mannei of planting preecribed by the later act, if the planting was done lance with the requirements of anj one of the preceeding acts. 22 In computing the period of cultivation thetime runs from the date when the toi J number of tan ircuttings required by (head axe planted Hereafter parties desiring to oiler final proof in timber-culture cases will be required to file a notice of their intention with the register oi the proper district land office, and the Baine shall be published in the same manner as in homestead and pre-emption i .„,,,,,.*• , i •ji In making final proof the claimant (or,ii he be dead, his heirs or egaJ representatives) must appear in person with at Least two witnesses at the land office of thedistrict in which the land is situated, and there make the necessary proofs: or the affidavit of the party may be made, and his tesfamonv, and the aony of hi- witnesses, given before a judge or clerk of a court oi record in MATTHEWS's GUIDE. 153 such land district, but all the proof must be taken at the same time and place and before the same officer. 25. The officer administering the oath or taking the testimony must certify to the identity and credibility of the party appearing before him. 26. The proof must set forth specifically and in detail all the facts of the case, showing when cultivation was commenced, the acts performed, amount of kind plow-d, cultivated, and planted, what was done in each year, the total number of trees planted, the total number growing, and their size and condi- tion at date of proof, and other facts or circumstances material to the case. (Forms 4-093, 4-385, and 4-386). 27. The register and receiver will carefully examine the evidence, and, if found sufficient to show that the claimant has fully complied with the law, they will proceed (on payment of the final commissions allowed by law) to issue the final certificate and receipt in the manner prescribed in forms 4-148 and 4-217. 28. Contests may be instituted against timber-culture entries for illegality or fraud in the inception of the entry, for failure to comply with the law after entry, or for any sufficient cause affecting the legality or validity of the claim. (See Rule 1, et seq., of Practice, approved August 13, 1885.) 29. Contestants of timber-culture entries since the adoption of the foregoing rules of practice are not required to file an application to enter the land at the time of the initiation of contest, but the successful contestant secures a prefer- ence right of entry under the second section of the act of May 14, 1880 — 12 Stat., 140. (This regulation overrnles the decision in Bundy vs. Livingston, 1 L. D, Rev. Ed., 152.) 30. 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 contracted prior to the issuing of the final certificate therefor. 31. Applicants to make timber-culture entries, and claimants and witnesses making final proof, must in all cases state their place of actual residence, their business or occupation, and their post-office address. It is not sufficient to name the county and State or Territory where a party lives, but the town or city must be named, and if residence is in a city the street or number must be given. 32. Nothing herein will be construed to have a retroactive effect in cases where the official regulations of this Department in force at the date of entry were complied with. TIMBER-CULTURE RULINGS. Circular of February 1, 1882, with blank forms. 1 L. D., 638 ; No. 44 Good faith an essential. 1 L. D., 148 ; No. 1781. Work may be done at any time within the required period. 1 L. D., 137 ; No. 1774. Work may be done by an agent, but the entryman will be responsible therefor. 1 L. D., 120 ; No. 1755. Work may be done by entryman, his agent, or his vendor. 1 L. D., 137 ; No. 1774. Entry made in arid country, at the claimant's risk. 1 L. D., 123 ; No. 1759. Requirements of the law may not be waived by the General Land Office. 1 L. D., 120; No. 1755. As late as 1879 the Cottonwood was not classed among timber trees. 1 L. D., 165 ; No. 1799. The honest efforts of the entryman will be protected. 1 L. D., 142 ; No. 1778. The act of 1874 did not specify the character of the land subject to entry, but left such matter to the regulation of the General Land Office. 1 L. D., 165 : No. 1799. Rights of deceased claimant descend to the heirs and not to the widow. 1 L D., 121, 127, 136; Nos. 1756, 1765, 1773. Rights of the widow under Kansas laws. 1 L. D., 149 ; No. 1782. 154 MATTHEWS GUIDE. Entryinan not required to reside in the State or Territory wherein the land is Bituated. l L. 1'.. I 18; No. L781. Re luirementa of the law like that of the pre-emption law in certain respects indicated. 1 L. 1>.. L42; No. L778. Breaking may be done in advance of time required, l L. I >.. 137 ; No. l . < 4. Failure to break not excused by reason of drought l I.. D., 141 ; No. 1-77. Mistake as to amount broken excused. 1 L.D.,126; No. 1762. Breaking in Colorado possible without irrigation. 1 L. 1>.. 123; No. 1759. iking done under previous entry fully available, l L. 1>.. 137 ; No. 1774 ; but see Nos. 1890, I960. Planting of first five acres must be done third year. 1 L.D.,135; No. 1771. Slight failure to plant excused, l L. I>.. 130; No. 1767. Replanting must follow when trees are destroyed, l J.. D., 128 ; No. 1766. Cultivation is Buch can- and attention as will besl promote the healthy growth of trees. I L. 1'.. L30; No. L767. Mulching may be regarded as cultivation, l L. I>.. 130 ; No. 1767. Replowing of five acres second year treated as cultivation, l L.J)., 135; No. 1771. Want of cultivation not presumed from the small number oi trees growing at the end of three years, l L. D., 127; No. 1765. Effective cultivation must he shown. 1 L. P., 117; No. 1802; but Bee ><>. 135 overruling 1785 (Bundy). Entry may be made by adeserted wife (with children) as the head oi a family." 2 I..' D.,311; No. 1857. Maybe made by a citizen, who, when an alien, innocently made a prior entry which was canceled for non-compliance with law. - L. D., 250; No. 1819. May be made by one whose former entry was canceled because made on land occupied and improved by another. 2L.D.,118; No.294. May be made wherecauses beyond the entryman's control (the establishment of a rattle trail) destroyed the land first entered for timber-culture purposes. 2 L. D.,-327; No. 1800. May be made by one who was not allowed to amend a former entry, because of the interposition of other rights, where the equities were with him. 2 L. D., 253, -'"'l ; Nos. L804, 1811. May be made by a local officer, or clerk, but not by a Bpecial agent, m a dis- trict other than that in which he is stationed. 2 L. 1>., 313 : No. 181 1. Entry allowed during pendency of contest may Btand, there being now no adverse right (« e 2 L. D., p. 55). 2 I.. D., -Ml; No. L856. Will not be allowed where there is a prior entry m the same section, though contest against it is pending. 2 L. D., 34 ; No. 403. ...... , Maybeallowed where there isa prior timber-culture entry whirl, is illegal .,„. f conflict with a certified entry)and cannot go to patent. 2L. D., May bemade on land covered bya pre-emption filing, and take- the land on failure by the pre-emptorto make final proof in the time required. 2L. D. ( No. 1081. . j , , By contestant of a homestead entry, may be for part ol the land and contigu- ous land; by contestant of a timber-culture entry, is restricted to landincon- than 160 acres, when contiguous land may be included. 2 L. 9- No. 348 ; but see 135 overruling 1785 (Bundy). Musi be made in a section "composed exclusively ot prairie lands, or other lands devoid of timber," thai is composed of land- naturally devoid ol timber. 2 L. 1 1.. 271 ; No. 1826. , , Whether a given section is devoid of timber is to be determined Dyinquir- ine whether nature has provided timber which in time will become an ade- quate supply for the wants of the people likely to reside on it. 2 L. D., Zffi ; No. 1809; but aee no L997. , .... .*, Where the timber growing in a section is i Lned to fixed Limits, witn no prospects of spreading, and is Inadequate in quantity (500 trees), entry is allowed. •_• I.. D., 268 ; No. 1809; but Bee No. 1997. MATTHEWS's GTJTDE. 155" .May be made where the trees (450), confined to the margin of a stream, at maturity become unfit for use as timber (decayed at the heart). 2 L. D., 272, 274 ; Nos. 1829, 1841 ; but see No. 1997. May be made where the trees (200), confined to a point of land between two sloughs, were dead, dying, or decaying at the top. 2 L. D., 273 ; No. 1838 ; but see No. 1007. May be made where there are but a hundred, or a half-acre i >!', I rees confined to the margin of a stream. 2 L. i>., 271 ; No. 1841 ; but see No. 1997. A section where there was formerly an adequate supply (40 acres) of natu- rally-growing timber, which has been cut, is not devoid of timber. 2 L. D., 270; No. 1826. Where applicant proves that the markings on the plats, showing timber, were erroneous, entry should be allowed as of date of application. 2 L. I)., 850; No, 1816. Entryman under act of 1874 became entitled to benefits of act of 1878 (as to area to be cultivated) at date of its passage. 2 L. D., 280; No. 1812. The entryman is entitled to a full year, exclusive of the day of entry, in which to break the first five acres. 2 L. ©., 240, 295 ; Nos. 1859, 1838. The purpose of the law is attained by a thorough overturning of the entire area, whether by plowing or otherwise (grubbing), so as to fit it for cultivation. 2 L. D., 264 ; No. 1852. When one enters land with knowledge of its unfitness for tree culture, he will be held to a strict compliance with the requirements of law (breaking). 2 L. I ).. 205 ; No. 1852. Hoeing around young trees and permitting a growth of grass and weeds between them, which is necessary to insure their protection in a cold climate, satisfies the law. 2 L. 1)., 305 ; No. 1813. Whilst the requirements of the law must be carried out fully, nevertheless the object of the law, "to encourage the growth of timber," should always be kept in view in determining the question of compliance with them. 2 L. D., 300 ; No. 1813. The entryman is not to be held responsible for an incendiary fire or for a flood,- which destroys his trees. 2 L. D., 307 ; No. 1850. Unfavorable weather excuses the- failure of the planting, where diligence in remedying it was exercised. 2 L. !>., .'114 ; No. 1821. At the moment of default the land is open to entry by the first legal claim- ant, notwithstanding that an illegal contest is pending against it. 2 L. D., 266, 283, 207, 318; Nos! 1870, 1820, 1843, 1868; see No. 135 overruling No. 1785 (Bundy). If the entryman has cured or begun to cure the default in good faith, contest will not lie. 2 L. D., 262, 263, 302 ; Nos. 180<», 1827, 1863 ; see Nos. 1001, 1896. It is the duty of the Land Department to see that the t rees are of such size as to render their continued growth without further cultivation or protection reas- onably certain. 2 L. D., 310; No. 1862. The time consumed in preparing the land and planting the trees is computed as part of the required eight years of cultivation and protection. 2 L. D., 309 ; No. 1802 ; but see No. 135. At the expiration of the eight years from date of entry one-half of the trees (3,875) must have been growing for five years, and the remaining half for four' years. 2 L. I)., 310, 328; Nos. 1862, 1867; but see No. 135. When the trees (22,600) are not <>(' a satisfactory growth at the end of eight years without fault of the entryman, the law allows him five years additional time. 2 L. D., 300, 328 ; Nos. 1862, 1867. Facts in relation to the growth and size of box elder, ash, and catalpa trees* 2 L. D., 310; No. 1862. That the natural growth is small and has been partly destroyed by lire does not affect the question as to whether the land is devoid of timber. •"> L. I>., 144; No. 1877. '■ An adequate supply" exists under the rule in Blenkner vs. Sloggy to the exclusion of an entry, where the natural growth is equivalent to the amount MATTHEWS 8 GUIDE. required to be cultivated bv the entryman. S L. D., 144; No. 1877; but see No. Poplar regarded as a timber tree. 8 L. IX, 145; No. 181 .. Applicant for entry i- bound under the law to know that the land is subject ry. 3 L. P.. L52 ; No. IsSO ; but see 1 L65. Entry confined to one quarter in a section. 3 L. D., 182: Nu. 1S83. . faith in cultivation required. 3 L. D., 398; No. 1899. r the law a person may make but one entry. I! L. D., 1S5; No. L884. The eight years of cultivation commence with the first breaking. 3 L. D., it see No. L35. band Bhown bv field notes to be timber land not subject to entry. 3 L. D., ry of land in different sections not allowed. 3 L. D., 301 ; No. 1S85. Entry no1 canceled, though but eight and one-half acres were in cultivation. I >.'. 31 5 : No. 1887. Where through mistake but eight and three-quarters acres, were broken in the first two years the entry was no1 canceled. 3 L. D., 372; No. 1890. The number of trees required at final proof a guide in determining whether land i- excludi atryby reason of the natural growth. 3 J.. D., 437; No. ; Breaking done by prior occupant mav be utilized by the entryman. 3 L.D., 182; No. 1881; e i Nos. 1^90,1960. iking by prior occupant must be used by cntrvmau if he claims credit therefor. 3 L. D., 483; No. 1S90; see No. 1960. Entryman should comply with the law during the pendency of contest. 3 ].. 1-.. 186; No. L904. Failure to break and cultivate, where caused by the wrong of contestant, ex- . 3L. D., 4 7; No. 1904. Work done by the entryman's vendor or agent equivalent to work done by himself 3 L. D., ">02; No. 1906; Bee Nos. L890, 1960. Entry not canceled where seeds failed to grow. 3 L. D., 5S4; No. 1911. Applicant for entry not required to furnish more than the statutory evidi to show that he has declared Ins intention of becoming a citizen. 3 L.D.,606; No. L913. Substantial compliance with the law held satisfactory. 4 L. D., 205; No. 1921. Strict compliance not required where good faith is shown. 4 L. D.,494 ; No. Kntrvman not held responsible for the results of incendiarism or destruction by the floods. 4 L. !>., 164; No. 1873. droughts as an excuse for non-compliance with the law. 4 L. D., 346; No. 1941. \V< irk required may be done by agent. 4 L. D., 493 ; No. 1957. lure of agent to perform work no defense against the charge of non-com- pliance. 4 L. D., 493; No. L957. Agent of entryman mav not take advantage of his own wrongful act to con- test the entry. 4 L. !».. 194 ; No. 1957. At the end of second year there must be 10 acres broken. 4 L. !>., 303; No. Entryman mav utilize breaking on land at time of entry. 4 L. D., 175, 543; Nos. r.'-'i, I960. Acta of previous entryman must be properly followed up if credit is claimed therefor. 4 L. D.,542:*No. i960. Failure to properly distribute the trees not cause for cancellation. ! I.. !>., 162: No. L878. Planting of previous entryman available. 4 L. D., 291, 543 ; Nos. L! Failure to replant two acres destroyed by fire excused; it appearing thai the entryman had the trees for such replanting under cultivation. 4L. D., 163; No. 1873. MATTHEWS'S GUIDE. 157 Breaking and planting may done in advance of the required time. 4 L. D., 175, 303 ; Nos. 1924, 1937. Acts of cultivation should show good faith. 4 L. D., 174; No. 1923. Such method of cultivation should be adopted as will secure the best results. 4 L. D., 162 ; No. 1873. That the area cultivated in trees in excess of 10 acres is not material. 4 L. D., 90 ; No. 1916. Inattention to trees after planting evidence of bad faith. 4 L. D., 174 ; No. 1923. Failure to cultivate may not be taken advantage of by one employed to per- form such act. 4 L. D., 205 ; No. 1921. Must show good reason in case of failure to comply with law. 5 L. D., 363 ; No. 19S2. ' The heirs of a deceased entryman must show compliance with the law. 5 L. D., 398 ; No. 1985. That the natural growth of timber is restricted by annual fires does not ren- der the section containing such growth subject to entry. 5 L. L\, 689 ; No. 1992. Sowing tree seeds broadcast not in compliance with law. 5 L. D., 8 ; No. 1965. Method of cultivation varies with the locality. 5 L. D., 9 ; No. 1965. Cultivation must show good faith. 5 L. D., 40, 329 ; Nos. 1966, 19S0. Pendency of a contest no excuse for failure to comply with the law. 5 L. D., 104 ; No. 1967. The act of 1878 extended rights secured under the former acts. 5 L. D., 233 ; No. 1972. Rights acquired under former rulings as to the character of land subject to entry not disturbed. 5 L. D., 261, 689 ; Nos. 1974, 1992. Compliance with law must be shown pending application for amendment. 5 L. D., 349 ; No. 1981. Planting should be done when the ground is in proper condition. 5 L. D., 363 ; No. 1982. Natural growth of timber on the section precludes entry. 6 L D., 217 ; No.. 1997. DESERT LANDS. — SPECIAL AND GENERAL LEGISLATION. The act of March 3, 1875, providing for the sale of desert lands in Lassen county, California, permitted the entry of 640 acres of land, and required that water be put upon the same by claimants, and the land paid for at the rate of $1.25 per acre, within two years. March 3, 1877, Congress enacted the "desert land act," which applies to Cali- fornia, Oregon, Nevada, and Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota. The latter act is expounded in official regulations approved by Secretary Lamar June 29, 1SS7, as follows, viz : The first section of the act of March 3, 1877, entitled " An act to provide for the sale of desert lands in certain States and Territories," provides for the rec- lamation of such lands by " conducting water upon the same." The second section provides " that all lands exclusive of timber lands and mineral lands which will not, without artificial irrigation, produce some agricultural crop,, shall be deemed desert lands within the meaning of the act," and the third section provides that " 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." It is therefore prescribed as follows : 1st. Lands bordering upon streams, lakes, or other natural bodies of water, or through or upon which there is any river, stream, arroyo, lake, pond, body of water^or living spring, are not subject to entry under the desert land law until the clearest proof of their desert charater is furnished. 2d. Lands which produce native grasses sufficient in quantity, if unfed by grazing animals, to make an ordinary crop of hay in usual seasons are not desert lands. 158 M\ [THEWS 8 '.i li'i:. 3d. Lands- which will produce an agricultural crop of any kind, in amount to make the cultivation reasonably remunerative, are no1 desert, 4th. Lands containing sufficient moisture to produce a natural growth <>f trees, are not to be classed a- desert lands. 1. The amount of land which may be entered by any one pewon under the desert land act cannot exceed one section, or six hundred and forty acres, which must be in compact form, and no person can make more than one entry. 2. Desert land entries arc not assignable, and the transfer of such entries whether by deed, contract, or agreement, vitiates the entry. An entry made in tli ■ interest or for the benefil of any person, firm or corporation, orwitb in- tent that the title shall be conveyed to any other person, firm, or corporation, is illegal. 3. The price at which lands may be entered under the desert land act IS the same as under the pre-emption law, viz: Single minimum lands at $1.25 per acre, and double inininnnn lands at &2.50 per acre. [Section 2357, U.S. l;<-\ i-ed Statu! 4. A party desiring t<> avail himself of the privileges of the desert land ad must tile with the register and receiverof the proper districl land office a decla- ration, under oath, settting forth that tin- applicant i^ a citizen of the United Mates or that he has declared his intention t become a citizen must be presented and filed. It must also be set up that the applicant has not pre- viously exercised the right of entry under the provisions of this act. and that lie intend- t" reclaim the tract <>f land applied fur by conducting water thereon within three years In iin date of his declaration. The declaration must also contain a description of the land applied for, by legal sub-division if surveyed, or if unsurveyea as nearly as possible without a survey, by giving \\ ith as much clearness ana precision as possible the locality of the tract with reference to the already established lines of survey, or to known and conspicuous land- mar!-.-, so as to admit of it- being readily identified when the lines of survey collie to lie extended. 5. Your attention is called to the terms of this declaration as provided by existing regulations [Form 1-274), which are such as require a personal knowl- edge by the eiitryman of lands intended to he entered. The required al!ida\ it cannot he made by an agent nor upon information and belief, and you will hereafter reject all applications in which it doe- nol appear that the entry man made the averment- contained in the sworn declaration upon his own knowl- edge derived from a personal examination of the lands. The blank in the declaration, to wit, " that I became acquainted with said land by ."must he idled in with a full statement < if the (acts of his acquaintance with the land and how he knows its charactei as alleged. Said declaration must be corrob- orated by the affidavits of two reputable \\ itnesses who are acquainted with the land and with the applicant, and who must clearly state their acquaintance with the premises, and the fact- as to the condition ami situation of the land upon which they base their judgment | Form 4-074). 'i. Applicants and witnesses must in all cases state their places of actual resi- dence, their business or occupation-, and their post office addresses. It i.- not Sufficient to name the county and State or Territory where a party live-, hut the t cvn or city must he nam. d, and if a residence is in a city the street and number must he given. 7. The declaration and corroborating affidavits may be made before either the register or receiver of the land districl in which the lands are situated, or before the judge or clerk of a court of record of tin- county in which the lands are situated, and if ilc- laud- are in an unorganized county then the affidavit may hi- he made in an adjacent county. The depositions of applicant and wit- nesses in making final proof must lie taken in the same manner; and the au- thority of any practice or regulation permitting original or final desert land affidavits to he executed before any other officers than those named above, in hereby revoked. The affidavits or applicant and witnesses must in every in- stance, either of original application or final proof, be made at the same time and place and before tic- Borne officer. MATTHEWS'S GUIDE. 159 8. When proof of the character of the land has been made as above required to the satisfaction of the district officers, the applicant will pay the receiver the sum of twenty-five cents per acre where the land is single minimum, and fifty cents per acre where the land is double minimum. The register will re- ceive and file his declaration, and the register and receiver will jointly issue, in duplicate, a certificate (Form 4-1!)!)) acknowledging the receipt of the twenty- live or fifty cents per acre, as the case may be, and the filing of the declaration. One of these duplicates will be delivered to 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 theuumber, 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 the General Laud Office an abstract of the declarations filed and certificates issued under this act during the month, accompanying 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. 9. Surveys of desert land claims cannot be made in advance of the regular progress of the public surveys. After a township lias been surveyed the claim must be adjusted to the lines of the survey. 10. Persons making desert land entries must acquire a clear right to the use of sufficient water for the purpose of irrigating the whole of the land, and of keeping it permanently irrigated. A person who makes a desert land entry be- fore he has secured a water right, does so at his own risk ; and as one entry exhausts his right of entry, such right cannot be restored or again exercised because of failure to obtain water to' irrigate the land selected by him. 11. The source and volume of the water supply, how acquired and how main- tained, the carrying capacity of the ditches, and the number and length of all ditches on each legal sub-division of the land, must be specifically shown. A pplicant and witnesses must each state in full what has been done in the matter of reclamation and improvement, and by whom, and must each answer fully and of their own personal knowledge, the questions propounded in the final proof depositions. They must state specificallv whether they at any time saw the land effectually irrigated, for without knowledge thus derived, the fact of reclamation remains a matter of conjecture. (Case of Charles H Schick, 5 L. D., 151.) 12. The whole tract and each legal sub-division for which proof is offered must be actually irrigated. If there are some high points or uneven surfaces which are practically not susceptible of irrigation, the nature, extent, and area of such spots must be fully stated. In this connection, the right of the water used, the quantity of it, the manner of its distribution, and the permanence of the supply are all to be taken into consideration. (Case of Geo. Ramsev, 5 L. D., 120.) 13. Before final proof shall hereafter be submitted by any person claiming to enter lands under the desert land act, such person will "be required to file a notice of intention to make such proof which shall be published in the same manner as required in homestead and pre-emption cases. 14. Contests may be instituted against desert land entries for illegality or fraud in the inception of the entry, or for any sufficient cause affecting the legality or validity of the claim. Contestants will be allowed a preference right of entry for thirty days after notice of the cancellation of the contested entry, in the same manner as in homestead and pre-emption cases, and the register will give the same notice and be entitled to the same fee for notice as in other cases. 15. When relinquishments of desert land entries are filed in the local land office the entries will be canceled by the register and receiver in the same man- ner as in homestead, pre-emption, and timber-culture cases, under the first sec- tion of the act of May 14, 1880. (21 Stat., 140.) 160 MATTHEWS'a GUIDE. 16. Nothing herein will be construed to have a retroactive effect in eases where the official regulations of this Department in force at the date of entry were complied with. DESERT LAND HULING8. It is not reclaimed unless water in sufficient quantity for cultivation is car- ried upon the land 1 I.. !».. 26; No. 138; see Nop. 150, 153, 162, 163, 167. Title to water used for reclamation must be by bona fide prior appropriation. 1 L. I>.. 26; No. L38; Bee Nos. 150, 153, 162, 163, 167. The word " reclaim " considered and denned, l L.D.,26; No.ISS; see Nos. :. 162,163.167. Reclamation shown bv crops actually raised. 1 L. D., 2G; No. 138; see I ■::. 162, L63, 167. Land which produces grass suitable for hay, and is of the same general char- acter as neighboring lands which have produced agricultural crops without irrigation, is not 2L. D., 18; No. 141. Land which produces a crop, though an inferior one, whether of grass, wheat, barley, or other crop to which the soil and climate are adapted, winch is a fair reward for the expense of producing it, is not. 2 L. D., 19; No. 142. Land which, one year with another, for a series of years, will not, wit! irrigation, make a fair return to the careful, ordinarily skillful, and industrious husbandman, is, 2 L. D., IV; No. 142. Land which, without irrigation, fails year after year to return even the B and which yields crops of grain of so poor a quality that they must he cut for hay, is. 2L. D., 20; No. 142. Lassen county, California, lies in a section of the country designated by Powell as " the arid region." 2 L. D., 21 ; No. 142. The law restricts one person to an entry of one tract, in a compact form, not exceeding 640 acres. 2 L. D., 22 ; No. 143. Three entries, aggregating 1,760 acres, not reclaimed within three years, assigned to a third person on day of entry, and appearing to have been made for the benefit of the assignee, were rnadein fraud of the law. 2 L. D., 22; No. 14:;. Want of harmony between decision of Department and circular of March 12, 1877, pointed out. 2 L. I)., 24 ; No. 143. Failure to reclaim for four years after entry shows an entire want of good faith. 2 1, D., 18; No. 141. The water conveyed upon the land must be in quantity sufficient to prepare it for cultivation. 2 L. 1.) ., 692 ; No. 1005. The conversion of a worthless tract into grass bearing land constitutes reclamation. 3 L. I'.. 9; No 145. Entry will not be disturbed where the default in reclamation is cured before contest is brought. 3 L. I»., 9; No. 145. The only reclamation specified in the act is. by conducting water upon the land. SL.D.,9; No. 145. There is no penalty provided for failure to reclaim, but, in the place of for- feiture, the purchaser is required to advance a part of the purchase price as an assurance of good faith. ■'; L D.,9; No. 145. • ries for, treated as pre-emptions under the act of May 14, 1880. 3 L. D., 71 ; No. 146 ; see also Nop. 134, 170, 171. Assignment" of entries, made while the rule was in force, allowing the same, will be protected. 3 L. D..214; No. l 17; see also Nos. 140, L43, L61, 164. Where an assignment of entry is recognized, the assignee will be entitled to all the rights of the entryman. 3L. D., 215; No. 147. But I may be acquired by one person under the act. SL. D., 216; No. 147. Patent for, upon an assigned entrv, will issue in the name of the entryman. :; L. D.,216; No. 117. MATTHEWSS GUIDE. 161 Only surveyed in the course of public survey except under Sec. 2401 It. S. 3 L. li., 325, 331 ; Nos. 148, 95 ; see No. 149. Will not be surveyed under the deposit system, without showing settlement. 3 L. D., 331 ; No. 149. Lands that naturally produce grass are not. 4 L. D., 33 ; No. 152. Lands partly desert'and partly agricultural cannot be entered under the des- ert act. 4 L. D., 33 ; No. 152. Partial reclamation prior to application calls for special showing as to the facts. 4 L. D., 1G5 ; No. 154. Reclaimed land not subject to entry. 4 L. D., 165 ; No. 154. Case of Rivers vs. Burbank cited and distinguished. 4 L. D., 165 ; No. 154. Entry for, in the interest of another not permitted. 4 L. D., 445 ; No. 159. Transfers before patent to be inquired into. 4 L. D., 34 ; No. 152. Clear proof as to the character of the land required where the field notes de- scribe it as " first rate " and the plat shows a river crossing the section. 4 L. D., 261 ; No. 155. Circular regulations, June 27, 1887. 5 L. D., 708 ; No. 134. Entry in good faith may include some non-irrigable land. 5 L. D., 481 ; No. 167. Entry of, may not embrace timber land. 5 L. D., 595 ; No. 168. If taken under the homestead law compliance with its terms must be shown. 5 L. D., 296 ; No. 585. Right to take before survey and effect of. 5 L. D., 527 ; No. 1634. Assignments before final proof recognized prior to April 15, 1880. 5 L. D., 21, 595 ; Nos. 161, 168 ; see also Nos. 147, 140, 143, 164. One person cannot take more than 640 acres, either as entryman or assignee. 5 L. D., 19, 21, 167, 595 ; Nos. 161, 164, 168. Patent will issue to entryman though assignment is recognized. 5 L. D., 167 ; No. 164. Assignment of entry made under the former rulings of the Department recog- nized. 5 L. D., 167, 595 ; Nos. 164, 168. Desert land entry by married woman admissible. 6 L. D., 14 ; No. 172. TIMBER AND STONE LANDS. The provisions of the act for the sale of lands chiefly valuable for timber and stone and unfit for cultivation are stated, and the manner of provisions thereunder sufficiently pointed out in regulations approved by Secretary Lamar July 16, 1887, as follows, viz : 1. The act of June 3, 1878 (30 Stat., 89), for the sale of timber lands in the States of California, Oregon and Nevada, and in Washington Territory, limits the quan- tity of land which may lawfully be acquired under the act by any one person or association, to not exceeding 160 acres. 2. The land must be valuable chiefly for timber (or stone) and unfit for cul- tivation if the timber were removed. 3. It must be unoffered, unreserved, unappropriated and uninhabited, and without improvements (except for ditch or canal purposes), save such as were made by, or belong to the applicant. 4. Lands containing valuable deposits of gold, silver, cinnabar, copper or coal, are not subject to entry under this act. 5. One entry or filing only can be allowed any person, or association of per- sons. A married woman may be permitted to purchase under said act, provided the laws of the State or Territory in which the entry is made permit a married woman to purchase and hold real estate as a feme sole but in addition to the proofs already provided for, she shall make affidavit at the time of entry that she proposes to purchase said land with her separate money, in which her hus- band has no interest or claim ; that said entry is made for her sole and separate use and benefit ; that she has made no contract or agreement whereby any in- terest whatever therein will inure to the benefit of her husband, or any other person and that she has never made an entry under said act, or derived or had 162 MATTHEWS'fl GUIDE. any interest \\ hatover, directly or indirectly in or from a Conner < r.try made by .my person or association of persona 8. A person applying to purchase a tract under the provisions of this act is required to make affidavit before the register or receiver that he has made no prior application under this act : that he its by birth or naturalization a citizen <>f the United state-, or has declared his intention to become a citizen. If na- tive born, parole evidence to that fact will be sufficient; if not native born, ! evidence of the prescribed qualification most be furnished. The affidavit _-iiate by legal subdivisions the tract which the applicant desire- to purchase, Betting forth it- character as above ; Btating that the same in unlit for cultivation, and valuable chiefly for its timber or stone ; that it is uninhabited ; contain- no mining or other improvements*, except for ditch or canal purposes, (if any exist), save Buchas were made by or belong to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal : that deponent does not apply to purchase the same on speculation, hut in good faith to appropriate it to Ids own exclusive use and benefit ; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title he may acquire from the Government of the United States shall inure in whole or in part, to the benefit of any person except himself. 7. Every person BWeanng falsely to any such affidavit is guilty of perjury and will be punish d a- provided by law for such offense. In addition thereto. the money that may he paid for the land is forfeited, and all conveyance- of the 1 ind or of any right, title, or claim thereto, are absolutely null and void as against the United States. 8. The sworn statement before the register and receiver required as above ■ in L' of the act) must be made upon the personal knowledge of applicant, except in the particulars in which the statute provides that the aliidavit may be m el'- upon information and belief. 9. You will in every case read this affidavit to applicant, or cause it to be read to him in your presence before he is sworn or his signature is attached thereto. 10. The published notice required by the third section of the act must shite the time and place when, and name the officer before whom, the party in tends t" offer proof, which must be after the expiration of the sixty days of publication, and before ninety days from the date ofthe published notice. Whi re P oof is n >t made before the expiration of said ninety < lavs t lie register and re- ceiver will cancel the filing upon their records and notify this office accord- ingly, ;■- prescribed by instructions of circular of .May 1, 1880, (Copp's Land Owner, vol. 7. p. 52). 11. The evidence to he furnished to the satisfaction ofthe register and re- r at time pf entry, as required by the 3d section of tin' act, must he taken e tiie register or receiver, and will consist of the testimony of claimant, corroborated by the testimony of two disinterested witnesses. The testimony will be reducec t<< writing by you upon the blanks provided for the [mr, after verbally propounding the que tionssel forth in the printed forms. You will t''-t the accuracy of affiant's information and the bona (ides of the entry, by close aid Buffiienl oral examination. You will especially direct such ex- amination to ascertain whether the entry i-^ made in good faith for the appro- priation ofthe Land to the entryman's own use, and not for sale or speculation, and whether he has conveyed the land or his right thereto, or agreed to make any such conveyance or whether he has directly or indirectly entered into any emit rad or agri ement in any manner with any person <»r persons whom oever by which the title that may be acquired by the entry shall inure in whole or it to the ben< lit of any person or persons except himself You will cer- tify to the fact of f-uch oral examination, its Sufficiency, and your satisfaction therewith. i_'. Your attention is called to the instructions of this office of August 19, i to the register and receiver at Humboldt, California (3 L. D., M , in respect to scrutiny of applications and entries, the examination of par- MATTHEWs'S GUIDE. 163 ties and witnesses, and your duty in accepting, rejecting and reporting such applications and entries ; and you will strictly lollow and be governed by said instructions. 13. The entire proof must be taken at one and the same time, and payment must be made at the time of offering proof. Proofs will in no case be accepted in the absence of a tender of the money ; and the register's certificate will in no case be given to the party or his attorney, but must be handed directly to the receiver by the register; and no note will be made upon the plats or tract books until the receiver's receipt has been issued. The proof, cer- tificate, and receipt must in all cases bear even date. 14. When an adverse claim, or any protest against accepting proof or allow- ing an entry, is filed before final certificate has been issued, you will at once order a hearing and will allow no entry until after your written determination upon such hearing has been rendered. You will report your final action in all protest and contest cases and transmit the papers to this office. 15. After certificate has been issued, contest, applications and protests will be submitted to this office as in other cases of contest after final entry. 16. Contests may be brought against timber and stone land applications or entries in accordance with Rule 1 of Rules of Practice, either by an adverse claimant or by any other person, and for any sufficient cause affecting the legal- ity or validity of the filing, entry, or claim. 17. In case of an association of persons making application for an entry under this act each of the persons must prove the requisite qualifications, and their names must appear in the sworn statement, as in case of an individual person. They must also unite in the regular application for entry, which will be made in their joint names as in other cases of joint cash entry. The forms prescribed for cases of applications by individual persons may be adapted for use in ap- plications of this class, and the sworn statement as to the character of the land may be made by one member of the association upon his personal knowledge. 18. No person who has made an individual entry or application can there- after make one as a member of an association, nor can any member of an asso- ciation making an entry or application be allowed thereafter to make an indi- vidual entry or application. 19. Applicants to make timber land entries, and claimants and witnesses making final proof, must in all cases state their place of actual residence, their business or occupation, and their post office address. It is not sufficient to name the county and State or Territory where a party lives but the town or city must be named, and if residence is in a city the street or number must be given. The following forms are prescribed for applicant's sworn statement and final deposition. timber a no stone lands. sworn statement. Land Office at . (Date) , 18—. I, of (town or city) , county of , State (or Territory) of , desiring to avail myself of the provisions of the act of Congress of June 3, 1878, entitled "An act for the sale of timber lands in the State of Cali- fornia, Oregon, Nevada, and in Washington Territory," for the purchase of the — of section , township , of range , in the district of lands subject to sale at , do solemly that I am a native (or naturalized) citizen (or have declared my intention to become a citizen*,) of the United States, of the age of , and by occupation ; that I have personally ex- amined said land and from my personal knowledge state that said land is unfit for cultivation, and valuable chiefly for its ; that it is uninhabited ; that it *In case the party lias been naturalized or has declared his intention to become a citi- zen, a certified copy of his certificate of naturalization or declaration of intention, as the case may be. must bo furnished. 164 MATTHl-AYs's GUIDE. contains no mining or other improvements — ; nor, as I verily believe, any val- uable deposit of gold, bUvbt, cinnabar, copper, otr coal; that I have made no other application under said act; that I do not apply to purchase the land above described on speculation, but in good faith to appropriate it to mv own exclusive use and benefit and that I have not, directly or indirectly, made any ement or contract, or in any way or manner, with any person or persons whomsoever, by which the title I may acquire from the government of the United State- may inure in whole or in part to the benefit of any person exec] >t myself, and that my post office address is . I hereby certify that the foregoing affidavit was read to affiant in my presence before he signed hie name thereto; that said affiant is to me personally known (or has been satisfactorily identified before me by ), and that I verily believe him to be the person he represents himself to be ; and that this affidavit was subscribed and sworn to before me this day of , IS — . Rtgister (or Receiver). TIMBER AND STONE LANDS. TESTIMONY OF , beim: called as a witness in support of his application to pur- chase the of section , township , of range , testified as follows: .1. What is vour post-office address, and where do you reside? Ans. . Ques. 2. What is v«>ur occupation? Ans. . Que-. ".. Are you the identical person who applied to purchase this land on the day of ,18 — , and made the -worn statement assigned bylaw before the register [or receiver] on thai day? An-. . Ques. 4. Are you acquainted with the land above described by the personal inspection of each of its smallest legal Bub-divisions? Ans. . Ques. 5. When and in what manner was such inspection made? Ans. . Ques. ('). ]< the land occupied ; or are there any improvements on it not mode for ditch or canal purposes, or which were not made I >v, or do not belong to you? Ans. . Ques. 7. Is the land fit for cultivation ; or would it be fit for cultivation if the timber were removed? Ans. . Ques. 8. What is the situation of this land, and what is the nature of the soil, and what causes render the land unfit for cultivation? Ans. . Ques. '). Are there any salines, or indications of deposits of gold, silver, cin- nabar, copper, or coal on this land? If so, shite what they are, and whether the Bpringfi or mineral deposits are valuable. 1 . Que-. 10. Is the land more valuable for mineral or any other purposes than for the timber or stone thereon, or is it chiefly valuable for timber or stone? An-. . < I tes. 1 1. Prom what facts do you conclude that the land is chiefly valuable for timber or stone? Ans. . Ques. L2. What is the estimated market value of the timber -landing upon this land? An-. . MATTHEWS'S GUIDE. 165 Ques. 13. Have you sold or transferred your claim to this land since making your sworn statement, or have you directly or indirectly made any agreement or contract, in any way or manner, with any person whomsoever, by which the title which he may acquire from the Government of the United States may inure, in whole or in part, to the benefit of any person except yourself? Ans. . Ques. 14. Do you make this entry in good faith for the appropriation of the land exclusively to your own use and not for the use or benefit of any other person ? Ans. . Ques. 15. Has any other person than yourself, or has any firm, corporation, or association any interest in the entry you are now making or in the land, or in the timber thereon ? Ans. . I hereby certify that the above-named personally appeared be- fore me ; that his identity as the person who made sworn statement for the tract of land above named before the register (or receiver) on the day of , 18 — ; that I verily believe affiant to be the person he represents him- self to be, and that each question and answer in the foregoing testimony was read to him in my presence before he signed his name thereto, and that the same was subscribed and sworn to before me at this day of , 18—. TIMBEB AND STONE ACT RULING. Mineral lands excluded from sale. 1 L. D., 600 ; No. 2034. Protection of timber ; circular of September 19, 1882. 1 L. D., 696 ; No. 48. A prima-facie valid pre-emption filing, or other claim of record, bars a tim- ber application (unaccompanied by an impeachment of it). 2 L. D., 633 ; No. 1107 ; see Nos. 2095, 2097, 2105. The preliminary affidavit does not bar homestead entry, pending publica- tion, which, however, is subject to the rights of the prior claimant (timber) if es- tablished at final proof. 2 L. D., 333, 336 ; Nos. 2092, 2093. An application (timber) initiates a valid claim to the tract, in like manner as a pre-emption declaratory filing ; the applicant has a preferred right against everybody but the United States and one claiming a prior right to the land. 2 L. D., 334 ; No. 2093. An entry (timber) is barred by a prior homestead settlement, irrespective of the character of the land. 2 L, D., 172 ; No. 308. Neither a married woman nor a minor may make entry. 2 L. D., 332 ; Nos. 2090, 2091 ; but see 132, 2106. An entry may embrace non-contiguous tracts. 2 L. D., 332 ; No. 2089 ; but see No. 132. The timber applicant must show that the land was uninhabited, unoccupied, and unimproved by others, and that it is unfit for cultivation and chiefly valu- able for timber. 2 L. D., 632 ; No. 1075 ; see No. 2093. The existence of a valid settlement or improvement is fatal to the claim, irre- spective of the question of character of the land. 2 L. D., 336 ; No. 2093. The " adverse claim," or the " valid claim," in Sec. 3 of the act, is one initi- ated prior to the application ; it must be filed during the publication. 2 L. D., 334 ; No. 2093. A claim initiated subsequently to the application confers no rights, and may not delay entry on the required proofs ; if the United States do not pass title, the subsequent claimant has the next best right to the land. 2 L. D., 334 ; No. 2093. 1GG HATTHEWs'fl GUIDE. A relinquishment of a claim prior to final proof confers no rights on the por- aon obtaining and filing it. 2 L D., SS3; No. 2092. A party not in interest may appear at any time, alleging illegality in respect of the qualifications <>r proceedings of the applicant, the bonahdes of his appli- cation, Hi- the character of the land ; the only issue i> the legality of the appli- cation, and the burden of proof is on the timber applicant. - I.. 1>., 336 ; No. The proviso to section 3 of the act contemplates a protest, after entry,against the issue of patent, founded on an alleged priority of right 2 L. 1»., 336 ; No. 20'.K\. The alligation of a person (claiming a settlement right) that the land is "valu- able chiefly for agriculture," docs not properly constitute a " contest," in which the adverse claim -of the parties arc to be adjudicated ; it is a protest putting that one fact in issue only. 2 L. 1>., 633; No. li (| 7. Where the -oil is a black loam and susceptible of ordinary cultivation, except in minor portions where it is rocky or steep, it is not subject to entry. 2 h. 1>., \o. L107. The act was intended to allow timber entry of tracts in broken, rugged, or mountainous districts, with s . i I unfit for ordinary agricultural purposes when cleared of timber. 2 L. I)., (illi': No. 1075. The act does not contemplate that the lands must lie wholly unfit for cultiva- tion, after removal of the timber, but that they must be unlit for ordinary cul- tivation and valuable chiefly for timber; u _■ -i< d. 2 L. I >., :;."•* ; No. Final proof and payment not to be made until after the period of publication 1. 3 L. ]>.", 85; No. 2094. Entnes made for the benefit of others are in evasion of the law, and fraudu- lent :; L. D.,85; No. 2094. Application apparently not in good faith should b ,and those of doubtful character noted for investigation. 3L. D..85; Nq.2094. A prior invalid claim will not defeat an application to purchase under this act. .". L. I).. •_'!(); \ ee Nos. 2097, 2105. Application hereunder for land covered by a pre-emption claim only raises the • :' the pre-emptor's good faith and compliance with the law. 3 L I.).. 2 197,2105. Invalid pre-emption claim no bar to purchase, but the burden of proof ia upon the applicant to show the invalidity of the pre-emption claim. 3 b. D., 435; Nos. 2097, 2105. Conflicting pre-emptor should be cited by applicant :; L.D., S097, 2105. Filing without settlement no bar to purchase. 4 L.D.,70; No. 1177. Burden of proof as to the character of the land is upon I be claimant t b. D., 104,238; Ni 2101. Application is no appropriation of the land. I h. D., 177, 238 ; Nos. 2099, 2101. I lims initiated subsequent to the application are subject thereto. 1 h. I>.. 177. 238, 282; N J101, 2102, 2105. Adv< rse claim, to be Bettled by h< aring. 4 L. I)., 177, 282 ; Nos. 2099, 2102, 2105. Hearing ordered, after proof was submitted, to determine the right of an ad- verse claimant who alleged want of notice. 4 L. 1'., 177; No. 2100. Affidavit based upon prior claim >n " under section °> of the act 4 L. !>., 178; No. 2100. •it of protest not confined to adverse claimant. -1 L. D., 238, 282 ; Nos. 2101, ];■■ t < vi>l'ii< ■ of the land from those engaged in tilling the soil in the vicinity. 4 L 1)., 238; No. 2101. Proof not to be submitted until after the expiration of publication period. 4 h l>, 238: No. 2102. MATTHEWS \s GUIDE. L67 Protest calls in question character of land or good faith of applicant. 4 L. I)., 232 ; No. 2102. Adverse or valid claim defined. 4 L. I)., 282 ; No. 2102. Prior occupancy of an alien defeats the purchase of another. 4 L. D.. 380 ; No. 2103. Inhabited, improved, and occupied land not subject to purchase. 4 L. D.. 380; No. 2103. Right to purchase complete on proof and payment. 5 L. D., 38 ; No. 2104. The right of entry being acquired, may be completed by the heirs of the en- tryman. 5 L. D., 38 ; No. 2104. Tender held equivalent to payment. 5 L. D., 3S ; No 2104. Limited to certain States and Territories. 5 L. D., 129; No. 114. Right under, not allowed to defeat or impair prior valid pre-emption claim. 5 L. D., 330 ; No. 2105. Applicant under, may attack subsisting pre-emption claim. 5 L. D.. 866: No. 2105. LANDS CONTAINING SALINES OR SALT SPRINGS. Congress passed an act January 12, 1887 (19 Stat., 221), providing for the sale of saline lands in certain States, which arc not subject to disposal under general laws. (Morton vs. Nebraska, 21 Wallace, 060.) • DETERMINATION OF TIIE CHARACTER OF THE LANDS. Should prima facie evidence that certain tracts are saline in character be filed with the register and receiver of the proper land district, they will designate a time for a hearing at their office, and give notice to all parties in interest in order that they may have ample opportunity to be present with their witnesses. Such witnesses will be examined in regard to the saline character of the given tracts, and whether the same are claimed by any person ; if so, the names of the claimants and the extent of their improvements must be shown. The witnesses should be thoroughly examined as to the true character of the land in other respects ; its agricultural capacities, what kind of crops, if any, have been raised thereon, or can bo raised from land of such character ; whether it contains any valuable deposit of mineral of any kind or of coal. In short, the testimony should be as complete as possible, and in addition to the points indicated above, everything of importance bearing upon the character of the land should be elicited at the hearing. The testimony taken at the hearing will be transmitted to the General Land Ollice by the register and receiver, with their opinion thereon. When the case comes before the General Land Office such a decision will be rendered in regard to the character of the land as the facts may warrant. DISPOSAL OF SALINES. Should the tracts be adjudged salines, the register and receiver will be in- structed to offer the same for sale, after public notice, at the local land ollice of the district in which the same shall be situated, and to sell said tract or tracts to the highest bidder for cash, at a price not less than $1.25 per acre. In case said lands should not be sold when so offered, they will be subject to private sale for cash, at a price not less than $1.25 per acre, in the same manner as other public lands. Should the tract in question be adjudged agricultural or mineral, it will be subject to disposal as such. LIMITATION OF THE OPERATIONS OF TIIK ACT. The provisions of this act do not apply to any lands within the Territories, nor to any within the States of Mississippi, Louisiana, Florida, California, and Nevada, none of which have had a grant of salines by act of < longre&s. 168 MATTHEWSS GUIDE. SALINE LAND lil/LINOs. Saline land;- not expressly reserved by law or order, but merely by markings on the official plate, are subject to agricultural claim on proof of non-eoline character, and the claim relates back to date of settlement or tiling. 2 L. 1>., 847; No. L816. The failure of the plats to show the saline character does not subject the land to entry, for the Btatute reserves all salines, whether marked on the plats or not 2 L. D., 851 ; No. 1810. TOWNSITES ON THE PUBLIC LANDS. The following instructions approved by Secretary Lamar Novembers, 1886. show tbe law with regard to townsites on the public land- and the manner of proceeding to acquire title thereto, viz : There are tbree methods by which title may be acquired to public lands for townsdte purposes: One provided for in sections 2380 and 2381; another in ■us 2382, 2083, 2384, 23S5, and 238(1; and the third in sections 2:387, 2388, and 2389, United States Revised Statutes. Section 2380 authorizes the President to reserve public lands for townsite purposes on the shores of harbors, at the junction of rivers, important portages, or any natural or prospective centers of population. Section 2381 provides for the survey of such reservation into urban or suburban lots, tbe appraisement of the same, and the sale thereof at public outcry ; the lots remaining unsold are thereafter to be disposed of at public sale or private entry, at not less than the appraised value thereof. II. - ctions 23S2, 2383, 2384, 23S5, and 2386, Revised Statutes (act 3d March, L863, 12 Stat., 754 ; act 3d March, lS(i"), 13 Stat., ■")30), limit the extent of the ana of the city or town which may be entered under said acts to 640 acres, to be laid off in lots, which, alter filing in this office the statement, transcripts, and testimony required by section 2383, are to be offered at public sale to the highest bidder at a minimum of $10 for each lot. An actual settler upon any one Lot may pre-empt that lot, and any additional lot on which he may have substantial improvements, at said minimum, at any time before the day of sale. Such person must furnish pre-emption proof show- ing residence and improvement upon the original lot and improvement upon additional lot, after the usual notice of intention by publication. Ix)ts not disposed of at time of public sale are thereafter subject to private entry at such minimum or at such reasonable price as the Secretary of the In- terior may order from time to time, alter at least three months' notice, as the municipal property may increase or decrease in value. The preliminaries required by this method are: 1. Parties bavins founded or'who desire to found a city or town on the pub- lic lands, under the provisions of sections 2382, 2388, 2384, 2385, and 2386, must file with the recorder of the countv in which the land is situate a plat thereof, describing the exterior boundaries of the land according to the lines of public surveys, where BUCh surveys have been made. 2. Such plat must state the name ofthecityor town, exhibit the streets, squares, blocks, or lots, and alleys, and specify the size of the same, with meas- urements and ana of each municipal Mil i-di vision, the lots in which shall not [uare feet, with a statement of the extent and general character of tin- improvements. :;. The plat and statement must he verified by oath of the party acting for and in behalf of the occupants and inhabitants of the town or city. MATTHEWS S GUIDE. 169 4. Within one month after filing the plat with the recorder of the county a verified copy of said plat and statement must be sent to the General Land •Office, accompanied by the testimony of two witnesses that such town or city has been established in good faith. _ , ' ,.'._. 5. Where the city or town is within the limits of an organized land district a similar map and statement must be filed with the register and receiver. The exterior boundary lines of the town, if upon the land over which Government surveys have not been extended, may, when such surveys are so extended, be adjusted according to those lines, where it can be done without impairing vested rights. . . , 0. In case the parties interested shall fail or refuse, within twelve months after founding a city or town, to file in the General Land Office a transcript map, with the statement and testimony called for by section 2382, the Secretary of the Interior may cause a survey and plat to be made of said city or town, and thereafter the 'lots will be sold at an increase of 50 per cent, on the mini- mum price of $10 per lot. 7. When lots vary in size from the limitation fixed in section 2382 (4,200 square feet), and the lots, buildings, and improvements cover an area greater than 640 acres, such variance as to size of lots or excess in area will prove no bar to entry, but the price of the lots may be increased to such reasonable amount as the Secretary may by rule establish. 8. Title to be acquired to town lots embracing mineral entries is subject to recognized possession and necessary use for mining purposes, as provided in section 2386. (But see Deffeback vs. Hawke, 115 U. S.,p. 392.) III. Lands actually settled upon and occupied as a townsite, and therefore not subject to entry under the agricultural pre-emption laws, may be entered as a townsite in accordance with the provisions of sections 2387, 2388, and 2389, United States Revised Statutes. (Act of March 2, 1867, 14 Stats., 541 ; act March 3, 1877, 19 Stat., 392). 1. If the town is incorporated, the entry may be made by the corporate au- thorities thereof through the mayor or other principal officer duly authorized so to do. ' 2. If the town is not incorporated, the entry may be made by the judge of the county court for the county in which said town is situated. 3. In either case the entry must be made in trust for the use and benefit of the occupants thereof, accordinj; to their respective interests. 4. The execution of such trust as to the disposal of lots and the proceeds of sales is to be conducted under regulations prescribed by State or Territorial laws. Acts of trustees not in accordance with such regulations are void. 5. Private individuals or organizations are not authorized to enter townsites under this act, nor can entries under this act be made of prospective townsites. The town must be actually established, and the entry must be for the benefit of the actual inhabitants and occupants thereof. 6. The officer authorized to enter a townsite may make entry at once, or he may initiate an entry by filing a declaratory statement of the purpose of the inhabitants to make a town-site entry of the land described. 7. The entry or declaratory statement shall include only such land as is ac- tually occupied by the town, and the title to which is in the United States, and, if upon surveyed lands, its exterior limits must conform to the legal subdivis- ions of the public lands. 8. The amount of land that may be entered under this act is proportionate to the number of inhabitants. One" hundred and less than two hundred inhabi- tants may enter not to exceed 320 acres ; two hundred and less than one thou- sand inhabitants mav enter not to exceed 640 acres ; and where the inhabi- tants number one thousand and over an amount not to exceed 1,280 acre- may 170 MATTHEWS'S Gl IDE. be entered; and for each additional one thousand inhabitants, not to exceed) five ill p(i-;in. Winn the number of inhabitants of a town i.s less than one hundred the townsite shall be restricted to the land actually occupied for town purposes,. by 1 g :1 pubdivis 10. Where an entry is made of less than the maximum quantity of land al- : for townsite purposes, additional entries may be made of contiguous - occupied for town purposes, which, when added to the previous entry or entries, will nol exceed 2,560 acres; hut no additional entry can be allowed which will make the total area exceed the area to which the town may be en- titled l>v virtue of its population at date of additional entry. 11. The land must be paid for at the Government price per acre, and proof must be furnished relating — let, To municipal occupation of the land ; 2d, Number oi inhabitants; 3d, Extent and value of town improvements; 4th, Date when land was first used for townsite purpo 5th, < Official character and authority of officer making entry ; and 6th, If an incorporated town, proof of incorporation, which should beacerti- fied copy of the act of incorporation. 12. Thirty days' publication of notice of intention to make proof must be made and proof of publication furnished. L3. Title cannot be acquired under this act to mines of gold, silver, cinnabar, or copper, nor to any valid mining claim or possession. A non-mineral affidavit [Uired in all States and Territories except Florida, Iowa, Kansas, Louis- iana, Minnesota. Mississippi, Missouri, and Wisconsin. 14. A greater quantity of land than 2,560 acres isnot excluded from pre-emp- tion or homestead entry because of townsite reservations unless the exce-s in area i- actually Bettled "upon, inhabited, unproved, and used for business and municipal purpo 15. If the corporate limits of a town are in excess of the maximum area au- thorized to be entend as a townsite the proper quantity maybe setoir, as pro- vided in section 3 of the act of March 3, 1877, and the residue be open to dia- . under the homested and pre-emption laws. townsite mi I Laws only apply to locations on the public land. 1 L. !»., 497 : No. 2107. The right of a town to make entry must be computed upon the hasis of the number of occupants of the public lands, l L. D.,497: No. 2107. In proceedings to Becure, Sec. 2387, K. S., confers authority upon judge of the county court or "or corporate authorities." 1 L. D., 503; No. 211 Declaratory statement not required except to save the rights of the town in the event of 'a public sale. 1 L. D., 503 ; No. 2108. Proof required in entry of, and how made. 1 L. D., 503 ; No. 2108. Procedure when the land applied for is alleged to he mineral, l L. I)., 503; No. 2108. (See Commissioners letter to register and receiver at Cheyenne, W. v 30, 1887, as to the requirement of publication in making townsite proof.") , . . , '1 ne term "actual settler" in Sec. 2882, R. S., means actual resident; when one or two entered, the entryman must actually reside on one lot 2 L. D., 628; No. 2111. . _ ,. . \ timber-culture entry may not 1"' made within the incorporated limits of a city or town. 2 L D.,634; No. 1833. . If land i- mineral it is subject to location only under the mining law, with- out reference to its relative value for townsite purposes; this ruling was changed by circular September 22, L882. 2 L D., 717, 718; No. 723. 'When the Bite for which application was made by the county judge was sub- sequent k included within another county, and the entry made by thejudge of MATTHEWS'S GUIDE. 171 the latter county, it was allowed to stand on the agreement of the parties. '■'> L. D., 13 ; No. 2112. Private cash entry of offered land, not within corporate limits, may be made* for towneite without reference to the statutory limitation with respect to pop- ulation. 8 L. D., 30; No. 2113. Actual settlement for, is notice to pre-emption and homestead settlers. 3 L. D.,30.; No. 2U3. The cancellation of homestead entries on offered land leaves it withdrawn from private entry and subject to disposal for townsite as unoffered land :; L D.,30; No. 2113. Claims for, are in the nature of pre-emptions. 3 L. I)., 71 ; No. 140. The incorporation of a town with limits in excess of 2,560 acres will not bar pre-emption entry within said limits, on land not actually settled upon and used for business and municipal purposes. 3 L. D., 77 ; No. 21 15. Abandoned townsite settlement no bar to homestead entry. 3 L. D., 282 ; No. 414. Four non-residents cannot select and reserve an entire section. 3 L. D., :;5o' ; No. 2114. In the absence of incorporation the selection must be made by actual town- site settlers to exclude pre-emption and homestead .settlement. 3 L. 1)., 4:;:J. 358; Nos. 2118,2114. Land reserved from pre-emption settlement is equally reserved from town- site settlement. 3 L. D., 360 ; No. 2114. As between a townsite chum and a pre-emptor, their rights begin with their initiatory acts. 3 L. D., 358; No. 2114. Occupation of land within an Indian reservation for townsite purposes con- fers no right. 3 L. D., 356 ; No. 2114. Settlement for, must rest on the principles applicable to other claims so begun. :;L. D., 431; No. 2118. Selection of lands for, must be with authority. 3 L. D., 432 ; No. 2118. Land entered urn Ler section 2387 must be paid for as though purchased by a I .re-emptor. 4 L. D., 54 ; No. 2119. Conflict with mining claim left with jury of neighborhood. 4 L. D., 212 ; No. 2120. On mineral land subject to the rights of claimant therefor. 4 L. D., 212 ; No. 2120 ; see Nos. 2116, 1526, 842, and decisions of United States Supreme Court — Deffeback vs. Hawke, 115 U. S., p. 392. What constitutes actual settler under section 2382. 4 L. D-, 337 ; No. 2117. Filing not necessary to entry under the act of Julv 1, 1864. 4 L. l>., 337 . No. 2117. Right of purchase in "actual settler" requires a showing of residence. 4 L D., 337 ; No. 2117. Additional entry under section 2382, Revised Statutes, allowed on residence shown upon another lot. 4 L. D., 337 ; No. 2117. Laws only refer to location of towns on public land. 4 L. D., 586 ; No. 2121 . Plat filed by railroad company on land withdrawn under its grant will not strengthen the claim of settlers under the public land laws. 4 L. !>., 584 ; No. 2121. Claim concluded by homesteader's final proof after due notice. 4 L. 1)., 584 ; No. 2121. The actual settler upon a lot has the preferred right of purchase. ■■> L. D ,. 56 ; No. 2122. An actual settler upon one lot may purchase an additional lot upon which he has improvements. 5 L. D., 56 ; N< >. 2 1 22. Informal settlement subsequently abandoned docs not reserve land from homestead entry. 5 L. D., 180 ; No. 568. Rights of. not reserved in mineral patent. 5 L. D., 193, 256; Nos. 152(1, 812. Settlers in conflict with mining claim. 5 L. D., 131 ; No. 789. Circular of July !», 1886 (approved November 5, 1880), as to manner of no- quiring title to. 5 L. !>., 265 ; No. 11". 17 'J MA'miJ.W.-'s GUIDE. Location of, under State laws, on land temporarily appropriated, is a bar to subsequent homestead entry. 6 L. ]>., 47"> ; No. 2123. UNSEAL LANDS. Under section 2318, Revised Statutes, lands valuable for minerals are reserved from sale except as otherwise expressly directed bylaw. Section 2319 provides for their location by citizens of the United Suites or those who have declared their intention to become such. The law covers claims for lands bearing gold, silver, cinnabar, Lead, tin, copper, or other valuable deposits, and for the above and 00 feet, and the minimum 1,500 by 50 feet, being about 20.66 acres maximum", or 1.72 acres minimum. Cost of surveys, etc., are paid by tie claimants, and the land is paid for at $5 for each acre or fraction of an acre. Locations are made under regulations prescribed by law, and according to the local customs or rules of miners in theseveral mining districts, solar a- the same are applicable, and not inconsistent with the laws of the United States. The United States has the authority and can provide a general anduniform system of location, areas, etc., entirely superseding the various State, Territor- ial, and district laws. Some of the mining States and Territi iries have adopted the United States mining law May 10, 1872, as to area ; others protect other forms and areas of location by law. In the States of Michigan, Wisconsin, Minnesota, Missouri, Kansas, and Al- abama, any mineral lands therein are disposed of in like manner with agricul- tural lands under various acts of Congress, MANNER OK PROCEEDING TO OBTAIN GOVERNMENT TITLE To VI I N OB LODE CLAIMS. 1. By section 2325 authority Is given for granting titles for mines by patent from the Government to any person, association, or corporation having the nec- essarv qualifications as to citizenship and holding the right of possession to a claim in compliance with law. 2 'fie- claimant IS re-juired in the first place to have a correct survey Oi bis claim made under authority of the surveyor-general of the State or Territorj In which the claim lies; such Burvey to show with accuracy the exterior kut- lacr boundaries of the claim, which boundaries are required to be distinctly marked by monuments on the ground. Four plats and one copy ol the origi- nal field-notes In each case will be prepared by the surveyor-general j one plat and the original field-notes to be retained in the office of the Burveyor-general, one copy of the plat to be given the claimant for posting upon the .■lam., one plat and a copy of the field-notes to be given the claimant for filing w itli the MATTHEWS'S GUIDE. 173 proper register, to be finally transmitted by that officer, with other papers in the ease, to the General Land Office, and one plat to be sent by the surveyor- general to the register of the proper land district, to be retained on his files for future reference. 3- The claimant is then required to post a copy of the plat of such survey in a conspicuous place upon the claim, together with notice of his intention to apply for a patent therefor, which notice will give the date of posting, the name of the claimant, the name of the claim, mine, or lode ; the mining district or county ; whether the location is of record, and, if so, where the record may be found ; the number of feet claimed along the vein and the presumed direction thereof; the number of feet claimed on the lode in each direction from the point of discovery, or other well defined place on the claim ; the name or names of adjoining claimants on the same or other lodes ; or, if none adjoin, the names of the nearest claims, etc. 4. After posting the said plat and notice upon the premises, the claimant will file with the proper register and receiver a copy of such plat, and the field notes of survey of the claim, accompanied by the affidavit of at least two credible witnesses, that such plat and notice are posted conspicuously upon the claim, giving the date and place of such posting ; a copy of the notice so posted to be attached to, and form a part of, said affidavit. 5. Attached to the field-notes so filed must be the sworn statement of the claimant that he has the possessory right to the premises therein described, in virtue of a compliance by himself (and by his grantors, if he claims by pur- chase) with the mining rules, regulations, and customs of the mining district, State, or Territory in which the claim lies, and with the mining laws of Con- gress ; such sworn statement to narrate briefly, but as clearly aa possible, the facts constituting such compliance, the origin of his possession, and the basis of his claim to a patent. 6. This affidavit should be supported by appropriate evidence from the min- ing recorder's office as to his possessory right, as follows, viz : Where he claims to be a locator, a full, true and correct copy of such location should be furnished, as the same appears upon the mining records, such copy to be attested by the seal of the recorder, or if he has no seal, then he should make oath to the same being correct, as shown by his records. Where the applicant claims as a loca- tor in company with others who have since conveyed their interests in the lode to him, a copy of the original record of location should be filed, together with an abstract of title from the proper recorder, under seal or oath as aforesaid, tracing the co-locator's possessory rights in the claim to such applicant for pat- ent. Where the applicant claims only as a purchaser for valuable consider- ation, a copy of the location record must be filed under seal or upon oath as aforesaid, with an abstract of title certified as above by the proper recorder, tracing the right of possession by a continuous chain of conveyances from the original locators to the applicant, also certifying that no conveyances affecting the title to the claim in question appear of record in his office other than those set forth in the accompanying abstract. 7. In the event of the mining records in any case having been destroyed by fire or otherwise lost affidavit of the fact should be made, and secondary evi- dence of possessory title will be received, which may consist of the affidavit of the claimant, supported by those of any other parties cognizant of the facta relative to his location, occupancy, possession, improvements, etc. ; and in such, case of lost records any deeds, certificates of location or purchase, or other evi- dence which may be in the claimant's possession and tend to establish his claim, should be filed. 8. Upon the receipt of these papers the register will, at the expense of the claimant (who must furnish the agreement of the publisher to hold applicant for patent alone responsible for charges of publication), publish a notice of such application for the period of sixty days, in a newspaper published nearest to the claim, and will post a copy of such notice in his office for the same period. In all cases sixty days must intervene between the first and the last insertion of the notice in such newspaper. When the notice is published in a 474 MATTHKWSS GUIDE. i newspaper ten consecutive insertions arc necessary; when in a clvly new spaper the notice must appear in each issue for the required period. i be notices so published and posted must be as full and complete aa po«- rible, and embrace all the data given in the notice posted upon the claim. 10. Too much care ••an not be exercised in 1 1 1 * - preparation of these notices, inasmuch as upon their accuracy and completeness will depend, in a great isure, the regularity and validity of the whole pro ding. 11. The claimant, either at the time of filing these papers with the register, or at any time during the sixty days' publication, is required to file a certifi- cate of the surveyor-general that not less than five hundred dollar.-' worth of labor has been expended or improvements made upon the claim by the appli- cant or his grantors; that the plat Bled by the claimant iscorrectj that the field notes of the survey, as filed, furnish such an accurate description of the claim as will, if incorporated into a patent, serve to fully identify the premises, and that such reference is made therein to natural objects or permanent monu- ment.- as will perpetuate and fix the locus thereof. 11*. It will be the more convenient way to have this certificate indorsed by the surveyor-general, both upon the plat and field-notes of survey filed by the claimant as aforesaid. 13. After the sixty days' period of newspaper publication has expired the claimant will file bis affidavit, showing that the plat and notice aforesaid re- mained conspicuously posted upon the claim sought to be patented during said sixty days' publication, giving the dates. li. Upon the filing of this affidavit the registerwill, if no adverse claim was filed in his office during the period of publication, permit the claimant to pay for the land according to the area given in the plat and field-notes of survey aforesaid, at the rate of iWu dollars for each acre and five dollars for each frac- tional part of an acre, the receiver issuing the usual duplicate receipt therefor. The claimant will also make a sworn statement of all charges and fe< S paid by him for publication and surveys, together with all fees and monevpaid the ter and receiver of the land office; after which the whole matter will be forwarded to the Commissioner of the General Land Office and a patent issued thereon if found regular. ADVEBSE CLAIMS. 15. Section 2326 provides for adverse claims, fixes the time within which they shall be filed to have legal effect, and prescribes the manner of their ad- justment. 16. Said Bection requires that the adverse claim shall be filed during the period of publication of notice; that it must be on the oath of the adverse claimant, and that it must show the " nature," the " fewndaries," and the"«r- ■ [ the adverse claim. 17. In order that this section of law may be properly carried into effect, the following is communicated for the information of all concerned : is. An adverse mining claim must be filed with the register of the same land Office With whom the application for patent was filed, Or in his absence with the receiver, and within the sixty days' period of newspaper publication of notice. 19. The adverse notice must be dnly sworn to by the person or persons mak- ing the Same before an officer autli ui/ed to administer oaths within the land district, or before the register or receiver. It will fully set forth the nature and extent of the interference or conflict ; whether the adverse party (da in is as a purchaser for valuable consideration or as a locator ; if the former, a certified copy of the original location, the original conveyance, a duly certified copy thereof, or an abstract of title from the office of the proper recorder should be furnished, or if the transaction was a mere verbal one he will narrate the cir- cum (tending the purchase, the dale thereof, and the amount paid, which facts should be supported by the affidavit of one or more witnesses, it any were present at the time, and if be claims a^ a locator lie must file a duly certified copy of the location from the office of the proper recorder. Mattiiews's Gumt;. 175 20. In order that the "boundaries" and extent" of the claim may be shown it will be incumbent upon the adverse claimant to file a plat showing his entire claim, its relative situation or position Avith the one against which he claims and the extent of the conflict. This plat must be made from an actual survey by a United States deputy surveyor, who will officially certify thereon to its correctness, and in addition there must be attached to such plat of survey a cer- tificate or sworn statement by the surveyor as to the approximate value of the labor performed or improvements made upon the claim by the adverse party or his predecessors in interest, and the plat must indicate the position of any shafts, tunnels, or other improvements, if any such exist, upon the claim of the party opposing the application, and by which party said improvements were made. 21. Upon the foregoing being filed within the sixty days as aforesaid, the register, or in his absence the receiver, will give notice in writing to both parties to the contest that such adverse claim has been filed, infqrming them that the party who filed the adverse claim will be required within thirty days from the date of such filing to commence proceedings in a court of competent jurisdiction to determine the question of right of possession, and to prosecute the same with reasonable diligence to final judgment, and that should such adverse claimant fail to do so his adverse claim will be considered waived, and the application for patent be allowed to proceed upon its merits. 22. When an adverse claim is filed as aforesaid the register or receiver will indorse upon the same the precise date of filing, and preserve a record of the date of notifications issued thereon, and thereafter all proceedings on the applica- tion for patent will be suspended, with the exception of the completion of the publication and posting of notices and plat, and the filing of the necessary proof thereof until the controversy shall have been adjudicated in court or the adverse claim waived or withdrawn. 23. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment ; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, with- out giving further notice, file a certified copy of the judgment-roll with the regis- ter of the land office, together with the certificate of the surveyor-general that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, where- upon the whole proceedings and the judgment-roll shall be certified by the register to the Commissioner of the General Land Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and dif- ferent portions of the claim, each party may pay for his portion of the claim with the proper fees, and file the certificate and description by the surveyor- general, whereupon the register shall certify the proceedings and judgment-roll •to the Commissioner of the General Land Office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. PLACER CLAIMS — PATENTS THEREFOR. The proceedings to obtain patent for placer claims, including all forms of de- posit, are essentially similar to the proceedings prescribed for obtaining patents for lode or vein claims. But placer claims, when on surveyed lands and con- forming to legal sub-divisions, require no further plat or survey, and 40-acre sub-divisions may be cut into 10-acre lots and sold as placer claims. Where placer claims cannot be conformed to legal sub-divisions, survey and plat must be made as on unsurveyed lands ; but where such claims are located previous to ^the public surveys, and do not conform to legal sub-divisions, survey, plat, and 17G MATTHKWs's GUIDE. entry thereof may be made according to the boundaries thereof, provided the location is in all respects legal. These lands are sold at $2.50 for each acre or fraction of an acre. No location of a placer claim made after July 9, 1870, can exceed 100 acres fur any one person or association of persons. All placer mining claims located after .May 10, 1S72, must conform as nearly as practicable with the United States sy.-tein of public surveys and the sub-divi- sions of such surveys, and no such locations can include more than 20 acres for each individual claimant. The act of July o, 1870, absolutely required Locations made after its passage to conform to legal sub-divisions, but the act of May 10, 187J, modified this requirement by making such conformation necessary only where practicable. The foregoing provisions of law are construed to mean that after the 0th day of July, 1870, no location of a placer claim can be made to exceed 100 acres, whatever may be the number of locators associated together, or whatever the local regulations of the district may allow ; and that from and after May 10, 1872, no location made by an individual can exceed 20 acres, and no location made by an association can exceed 20 acres for each person, or 100 acres in all. In order to locate 100 acres eight bona fide locators are required, No local laws or mining regulations can restrict a placer location to less than 20 acres, although the locator is not compelled to take so much. Mill sites must be located on non-mineral lands not contiguous to the vein or lode, and not exceed five acres, and may be included in the patent for a mine at (5 per acre. (See Sec. 2337, R. S.) Tunnel rights, in tunnels run for the development of a ven Or lode or for the discovery of mines, are provided. Proprietors of a mining tunnel run in good faith are entitled to the possessory right of all blind lodes cut, discovered, or intersected by such tunnel, which were not previously known to exist, within 3,000 feet of the face or point of commencement of such tunnel, to the same ex- tent as if such lodes had been discovered on the surface, and other parties are prohibited after the commencement of a tunnel from prospecting for and mak- ing location on the line thereof and within said distance of 3,000 feet, unlesssiu-h lodes appear upon the surface or were previously known to exist. (See Sec. 2323, R. S.) MINERAL LAND RULINGS. Rule laid down as to what constitutes. 1 L. D., 560 ; No. (is;. Regulations governing entry of lands containing borax and akaline earths, sulphur, alum, and asphalt. I L. D., 501 ; No. 713. Frie-clay or kaoline subject to mineral entry. 1 L. D.. 565 : No. 719. I Sypsum and limestone held to be minerals. 1 L. D., 500 ; No. ., 599; No. 2023. May be included within military reservation, and while thus reserved is not subject to other appropriation. 1 L. I)., 552; No. 681. Townsite may be located within. 1 L. D., 550; No. 701. Minerals. Borax, soda, alum, oil, etc., are mineral- within the meaning of the mining laws. 2L. D., 709; No. 732. I 1 is not within the meaning of the art of June 3, 1878. 2 L. D., 827 ; No. 2057. The act of March ::. 188 :, subjects to public sale lands, theretofore reported atainingcoalor iron, which appear on the records to be vacant (Alabama). 2L.D. ,:;:»; No. 295. MATTHEWS'S GUIDE. 177 Ono who settled on mineral land in 1871 acquired no right to it by virtue of section 3, act of May 14, 1880, and is not protected by tho act of March 3, 1883 (Alabama). 2 L. D., 35 ; No. 295. A tract reported in 1879 as containing valuable coal, but whereon a home- stead entry was allowed in 1883, whicli was afterwards relinquished and can- celed, must be offered at public sale (Alabama). 2 L. D., 30 ; No. 295. Sec. 2341, R. St, was intended to relieve persons who had settled on lands theretofore designated as mineral, when they were afterwards found to be agri- cultural ; Sec. 2342, 11. S., gave the right of settlement on said lands when duly set apart as agricultural. 2 L. D., 710 ; No. 723. By their designation as "agricultural" in the official plats, lands in a min- eral belt were set apart as prima facie " clearly agricultural," under section 11, act of July 26, 18GG (Sec. 2342, R. S.) 2 L. D., 713, 850 ; Nos. 722, 18LG. When lands have been returned as agricultural the burden of proof is on one denying their prima facie character. 2 L. D., 714, 717, 721 ; Nos. 722, 723, 729. Whenever mineral and agricultural or townsite claims conflict, the compara- tive value of the land for mining or agriculture is in question and must be con- sidered. 2 L. D., 717, 720, 721 ; Nos. 723, 724, 729. One denying the prima facie agricultural character of a tract covered by a claim (homestead) must show, not that it is of little value for agriculture, not that adjoining or neighboring lands arc mineral, and not, theoretically, that the tract may possibly develop minerals in the future, but that, as a present fact, proved by the actual production of minerals, it is mineral land. 2 L. D., 721 ; No. 729. Where the testimony to agricultural character was speculative, and the land never paid the expenses of cultivating it, but the minerals obtained during several years paid for the plant and for mining expenses, it is subject to min- eral entry. 2 L. D., 719 ; No. 723. An entry (homestead) of record bars the filing of a placer application for the tract until after a determination of the character of the land. 2 L. D., 712 ; No. 722. Where a placer application has been filed on a homestead entry of land both claims may be suspended until after a hearing upon the character of the land. 2 L. D., 712 ; No. 722. Land chiefly valuable for deposits of building stone, containing no lodes or veins of quartz or other rock in place, may be entered as a placer claim. 3 L. D., 110 ; No. 752. The general instructions, revoking mineral withdrawals, and placing the bur- ded of proof upon mineral claimants, were applicable to Alabama lands. 3 L. D., 109 ; No. 741. The act of March 3, 1883 (Alabama), only operated on lands withdrawn and designated as mineral. 3 L. D., 173 ; No. 741. Lands covered by entries and valid applications prior to the act of March 3, 1883 (Alabama), were not affected by said act. 3 L. D., 1(59 ; No. 741. The act of March 3, 1883 (Alabama), relates only to the future disposition of lands. 3L. D., 172; No. 741. The act of March 3, 1883 (Alabama), was not intended to change previous constructions of the law. 3 L. D., 177 ; No. 741. The act of March 3, 1883 (Alabama), conferred no rights save in cases where entries had been made prior to its passage. 3 L. D., 177 ; No. 749. Does not pass under school grant. 3 L. D., 233 ; No. 438. All evidence as to character of land should receive due consideration. 3 L, D., 234 ; No. 755, The Government interested in determining the character of land. 3 L. D., 234 ; No. 755. The land being returned as agricultural the burden of proof is with the min- eral claimant. 3 L. D., 234 ; No. 755. So known would not pass under the townsite patent. 4 L. D., 556 ; No. 837. Must be shown such as the present fact. 4 L. D., 478 ; No. 782. So held under the evidence, 4 L. D., 104 ; No. 767. 17S MATTIIKVYSS QUIDS. Oil land held as mineral. 4 L. D., 60, 284 ; Nos. 784, 775. Proof that neighboring land contains oil not sufficient to defeat agricultural entry of land retained as subject thereto. 4 L. D., GO; No. 7(>4. Exemption of, from school reservation. 4 L. D., 75; No. 765. Locations prior to survey not in conflict with reserved school sections. 4 L. D~96; No. 786. Vested right in, notaffectedby the act of March 3, 18S3 (Alabama). 4 L. D., 476; No. 781. In Alaska, regulations concerning. 4 L. D., 128 ; No. 98. Order of .March 24, 1885, BOSpending action on mineral applications for school lands rev< »ked. 4 L. D., 531 ; No. 5:J6. Determination as to character of, final. 5 L. D., 131 ; No. 789. Pee of, indivisible. 5 L. D., 256; No. 842. Land containing a mineral spring is not. 5 L. D., 190 ; No. 7S9a. Not known as such, but sold as agricultural, title passes. 5 L. D.. 193; No. 1526. Known to be such excepted from railroad grant. 5 L. D., 19:5 ; No. 1 E Found to be such after patent under railroad grant, does not affect the title. 5L. D., 193; No. 1526. Settlers upon, without protection. 5 L. D., 131 ; No. 789. MINING CXAIM BOXINGS. The right conferred by a valid mining location amounts to a property, capa- ble of bem<4 employed or transferred, entirely separate and distinct from the fee ..1" the land. 1 L. D., 615 ; No. 2028. Mining laws recognized prior local laws, rule?, and regulations. 1 L. D., 584 ; No. 690. Assignments of interests in mining possessions are valid, even by parol trans- fer. 1 L. 1)., 593; No. 695. Mining laws recognized jurisdiction assumed by the courts. 1 L. D., 584 ; No. 6 >. Requisite compliance with law presumed after entry. 1 L. D., 548 ; No. 702. Includes a tunnel locution. 1 L. D., 5S4 ; No. 690. < Sancellation of mineral entry does not affect possessory rights. 1 L. D., 526 ; No. 1590. Miners' rights not divested by subsequent appropriation of the land for mili- ( u y reservation. 1 L. D., 552; No. 689. The Land Department will inquire into questions affecting compliance with tin- law. l 1>. D., 584; No. 690. Patent will not issue for location within prior patented lines. 1 L. i)., 599 ; Mineral entry not invalid because at the time made the land was covered by :i ho itry. 1 L. D., 565! No. 711). - ctions LV.JI and i' 325 should l>e construed together. 1 L. D., 544 ; No. 703. In application for survey tlie locution must beproperlv marked and recorded. I L. I<.. 681 ; No. 691. Application for lode patent within limits of patented placer, alleging that the existence of the lode was known at date of placer application, should be re- 1. subject to adverse proceedimrs of placer claimant. 1 L. D.,564 ; No 717. Application in conflict with prior pending claim not received. 1 L. D., 542 ; No.l Application allowed by the receiver instead of the register not disturbed. 1 L. D.,545; No. 704. Applications should he received in the order of time a- presented. 1 L. D., r>< ; j ; No. 8 Adverse proceed i ngB ; circular of May '.), 1882. 1 L. D., 685; No. 45. Tunnel location should be protected by adverse suit as other mining claims. 1 L. D.,584; No. 690. MATTHEWS's (iUIDE. 179 Extent and nature of adverse claim may be .shown by means beet practica- ble if survey cannot be made. 1 L. 1)., 5S2 ; No. 693. Adverse claimants held to reasonable diligence. 1 L. D., 582; No. 693. Rights as between adverse claimants must be determined by the courts. 1 L. D., 584 ; No. 690. Courts must determine legal rights between townsiteand mineral claimants. 1 L. D., 556 ; No. 701 ; but see No. 842. Preliminary proofs accepted, though patent must issue for claim as dimin- ished by adverse placer. 1 L. P., 551 ; No. 718. Alleged delinquent co-tenants must protect then* rights as adverse claimants. 1 L. D., 544 ; No. 70:3. Entry should be canceled where the certificate showing non-existence of suit was recalled. 1 L. D., 539 ; No. 705. Stay of proceedings warranted on allegation of adverse claim shown on plat filed. 1 L. D.,538; No. 709. In the absence of adverse claim it is assumed that the applicant is entitled to patent, and no agreement of parties can affect this statutory provision. 1 L. D.,591 ; No. 694. Failure of prior locator to file adverse claim is a waiver of his right. 1 L. D., 591 ; No. 694. Failure of adverse claimant to institute suit a waiver of his claim. 1L.D.. 584; No. 690. _ Adverse claim, though informal, held sufficient where suit had been duly brought thereon. 1 L. D., 603 ; No. 708. Separate patents may issue for such portions of claims as adverse parties may rightfully possess. 1 L. P., 593 ; No. 695. Time for filing adverse claim not computed to include period during which the local office was closed. 1 L. D., 572 ; No. 697. Lode within placer claim, not known at application, passes with patent of placer. 1 L. D., 549 ; No. 714. Lode claim within placer restricted to 25 feet on each side of the lode on failure to properly protect the full extent of the claim by adverse proceedings. 1 L. U., 551 ; No. 718. Waiver of a portion of lode claim, including original discovery shaft, does not affect rights of possession and development as to the remainder. 1 L. D , 593 ; No. 695. Mill-sites provided for and recognized by section 2337, E. S. 1 L. D.. 556 : No. 701. Mill-site location made the same as mineral claim. 1 L. D., 556; No. 701. Under the first class of mill-sites there must be a lode or vein shown in con- nexion therewith. 1 L. D., 556; No. 701. Mill-site claim must be protected by adverse proceedings in case of conflict- ing application. 1 L. D., 555 ; No. 699. All kn< »wn lodes at date of placer application are excepted from patent issued thereon, together with 25 feet on each side of said lodes. 1 L. P., 577 ; No. 712. Area of placer ; expenditure ; circular of December 9, 1882. 1 L. D.. (594 : No. 53. Patent for placer ; circular of September 22, 1S82. 1 L. D., 685 ; No. 49. Fire-clay, or kaolin, properly the subject of placer location. 1 L. D.. 565: No. 719. Rich of the three concurrent details in publication of notice must be equally observed. 1 L. D., 572 ; No. 697. Notice of application must be posted in local office during the whole period -of publication. 1 L. D., 572 ; No. 697. Posting in open shaft-hose held sufficient. 1 L. D., 548 ; No. 702. Publication of notice in paper designated by the register sufficient. 1 L. D., 570; No. 696. Insufficiency of publication, not the fault of applicant, waived in the absence •of adverse rights. 1 L. P., 575; No. 711. ls,o matthewb's quide. Exclusion of conflicting areas must appear in published posted notices. 1 L. D., 542 ; Protestant has no right of appeal. 1 L. D., 584 ; No. G'JO. .• cannot rely on technicalities, l L I »-. 677 ; No. 712. Survey of; circular of November lo, 1SS2. 1 L. D., G'.):>; No. 02. Pro . upon a false survey and publication are invalid. 1 L. D., 593 ; No. 6 The possessory title to a lode claim, held and worked for a period equal to ibed in the local statute of limitations for mining claims, may, in absence of an adverse claim, be established in the manner now authorized in placer claim-. 2 L. D., 726; No. 66. ion, 2324 Revised Statutes, bas reference solely to title by right ofpoe Bion, anl does not conflict with titles acquired by purchase. -* L. 1'., 771 ; N". A dis sovery within the limits of a prior existing and valid location, will not i] t a Location since May 10, 1872 ; where there baa been no application for S.\ by the prior locators, inquiry into the question need not be made, 2 L [; No. 744. Where the discovery on which location was based was made within a prior location a subsequent discovery within the ground claimed prior to application or adverse right is sufficient, and obviates the necessity of re-marking the boundaries. 2 L. 1)., 752 ; No. 74o. There must have been a discovery of mineral within the surface boundary of the claim prior to the application ; if made within the claim's limit.- ]>< fore an adverse right attache-, though not in the discovery shaft, it is sufficient. 2 L. D., 741,74 I; Nos. 7.7. 744. Where it is necefsary to support an entry made, and there is no adverse claim or showing of fraud, if the evidence is conflicting the discovery of min- eral in the discovery shaft will be presumed. 2 L. D., 742 ; No. 7:'.7. Whether the legislature of Colorado may, in view of the national statute, lawfully attach to the mining laws a condition requiring a discovery in the ry shaft, quaere, -i L. U., 74i'; Xe». 7:;7. A location with discovery shaft on vacant ground may not include sail ground, and non-contiguous ground on the same vein or lode, the two parts of the junior location being separated by an intervening claim ^patented). 2 L. D.. 7::.">, 736; Nos. 716, 731. 1.'. -ation and working for mining purposes segregate the land, and prevent utilization of a discovery within its bunts. 1 L. D., 744 ; No. 744. Surface -round is an incident of the lode, and a location oi Burface ground which does not include any part of the lode claimed to have been discovered is invalid, 2 L D., 711; No. 744. Whether a placer " location " by the local officers i> within rule prohibiting "entries" by them, quaere. 2 L, !>., 754; No. ,47. A Location on surveyed Lands, Bince the actof 187:.', must conform to the pub- lic survi vs only SO far a- i- reasonably practicable; it may be for 12,000 feet of the bed of a non-navigable stream in a canon. 2 L !>., 764 ; No. 786. No proof of abandonment is required of relocatora alleging it in their appli- cation. 2 J-. 1)., 698; No. 7:54. The relocation of an erroneous location, allowed by the laws ot Colorado, must be substantially the same as the original location; additional ground may n,,t be included, if existing rights (by color of la\v)are interfered with. 2 L. \).. 7 Hi; No. 7.I7. In enlarging a 1 ication (placer), the relocation is restricted to 20 acre- addi- tional. 2L. \>., 763; No. 726. No deposit i< required to accompany an application for survey in the In Id, the applicant being free to contract as'he pleases; for plantingor office work a deposit must be made. "2 L. I)., 77.'5 ; No. 728. L':;;!, K. S., was intended to protect applicants from unjust charges tor survey and publication. 2 L. D", 77;]; No. 728. MATTHEWS'S GUIDE. 181 An error in description (last course and distance, to inclose the tract, made to ran east instead of west), which does not mislead the adverse claimant or defeat any right, will not invalidate the publication. 2 L. D., 707 ; No. 732. The selection of a newspaper rests in the sound discretion of the register ; other things being equal, the convenience of the applicant should be consulted. 2 L. D., 758 ; No. 738. Where the plat and notice were posted in the limits of the claim as located, although on ground excluded (for conflict) from the application, it suffices. 2 L. D., 756 ; No. 706. A mineral entry of record, dormant for seven years, held to have barred an application. 2 L. D., 769 ; No. 700. Application embracing more than one lode location will not be received ; circular June 8, 1883. 2 L. D., 725 ; No. 66 ; see No. 72. Consolidated application filed prior to receipt at local office of circular of June 8, 1883, may be received on proof of improvements of the value of $500 on each lode claim. 2 L. D., 726, 772 ; Nos. 72, 700. Application embracing a location (placer), assigned to applicant, and a relo- cation of said location enlarging it must show $500 expended on each loca- tion ; the enlargement must not exceed twenty acres. 2 L. D., 763 ; No. 726. Rule that application by an association of persons may not be for more than one location or for more than 160 acres, does not extend to lands containing deposits of borax, soda, alum, etc., in California, Nevada. Arizona, Utah, and Wyoming. 2 L. D., 70S ; No. 732, Application for water-right, under gui6e of a placer claim, will be rejected. 2 L. D., 774 ; No. 733. An adverse claim must be upon oath of the person or persons making it ; may not be sworn to by an attorney. 2 L. D., 707 ; No. 730. The adverse claim must be filed within the sixty days of publication ; the rule allowing it to be filed on the day of the tenth publication, where the news- paper is issued weekly, is rescinded. 2 L. D., 709 ; No. 735. The adverse claimant may not, before suit commenced, file an application for the ground adversely claimed. 2 L. D., 723 ; No. 743. Failure to adverse within required time (because of alleged failure of ad- verse claimants to obtain mineral in their claim) is an admission that they had no right to the property ; they cannot be heard subsequently to claim either legal or equitable title to it. 2 L. D., 738 ; No. 737. Suit must be commenced within thirty days after filing; when not so com- menced (by reason of absence of the clerk of the court and his deputy) it must l>e held that no adverse claim exists. 2 L. D., 707, 744 ; Nos. 732, 744. Proof that suit was not duly commenced must be by certificates of clerks of proper State and United States courts. 2 L. D., 726 ; No. 66. The applicant, adversed, may litigate the case, or relinquish the ground in -conflict and take patent for the remaider, or dismiss his application for patent and rely on his possessory title. 2 L. D., 744 ; No. 744. An adverse claimant may not, after suit commenced, file an application for the ground adversely claimed. 2 L. D., 704 ; No. 720. All questions concerning the proper location, and the maintenance of a prior location by the performance of labor, must be left to the courts. 2 L. D., 749 ; No. 744. The question of abandonment of a mine, alleged by the relocators, is a proper one for the courts, if an adverse claim is filed. 2 L. D., 699 ; No. 734. Where an adverse claim is presented in proper form, and the courts have properly acquired jurisdiction, and there has been no settlement or decision of the suit or waiver of the claim, the General Land Office will not consider a question which goes to the merits of the case (motion to dismiss because, whilst the claim denies the ownership of the applicants, it admits a location subsequent to the application for patent). 2 L. L>., 699 ; No. 710. The subject matter of the controversy having been transferred to a court of •competent jurisdiction, all further proceedings in the land office affecting the 182 IfAXTHEWS'a OUIDK. property in dispute are stayed, with the exception of the publication of notice ami muring end filing proof thereof. 2 L. D., 70."> ; No. 720. When- suit was duly commenced, though a subsequent decision dismissing the advene claim for invalidity (sworn to by an attorney) has become final (no appeal), no action looking to the issue of patent will he taken while the suit is pending. 2 L D., 7(H); No. 7.J0. Where suit on the adverse claim has been duly instituted, hut a subsequent application by the adverse claimant embracing the same ground has been re- ceive land duly ad versed by the original applicant and suit thereon commenced* the Land Department has jurisdiction to dismiss from the record the second application. 2 L. I)., 701; No. 720. Where >uit on the advene claim has been duly instituted, hut a subsequent application by the advene claimant embracing the same ground has been received and duly: advened by the original applicant, and suit thereon com- menced, the Land Department will not dismiss the second application from the record while both or one of the suit- ifl pending. 2 L l>.. 7 1 2 ; No. 7-">">. After A had Hied an application, B filed an application embracing part of the ground, and also duly ad versed A and commenced suit; before judgment) which was in his favor, B made mineral entry; in view of the judgment and of A's acquiescence therein, the question is between B and the Government^ and the irregularity in the application and entry will be waived. 2 I.. 1)., 722; No. 743. The adverse claimant, after judgment in his favor, mnst accompany his am- plication with the official plat and lield-notes, and with a certificate to tin requisite amount of labor and improvements. 2 L. D., 706; No. 721. After -judgment, the successful claimant must file a certified copy thereof, with the other evidence required by Sec. 2326, B. S. ; if suit be dismissed, tht clerk's certificate, or a certified copy of the order of dismissal, must be filed ; in no case will a relinquishment or other proof filed in tin- local office b ac- cepted in lieu of the foregoing. 2 L. i>.. 72(J ; No. lit). The applicant is entitled to enter for all that pari of the ground not affect. >l bv the judgment; where tin- judgment is for but part of the ground adversely Ma i med , entry nmy not be made until it becomes final : judgment for all the ground adversely claimed may be treated as final judgment. 2 L. D., 750; No 744. An entry embracing more than one lode location will not be allowed after receipt of these instructions (approved July (J, 1888) at the local office. 2 L. D., 725, 726, 772; Noe. 66, 72. 700. Only an applicant or his assignee may make entry under Sec.2325j Revised Statutes, -or have his name inserted in the certificate of entry; this regulation does not apply to proceedings under Sec. 2326, Revised statutes. 2 L. I'.. 725; No. 66. B a ■ .'. . • ■ ■ - reap cting entry by one applying as trustee. 2 1.. P.. 725; No. 66. Entry will be allowed only when the register i- satisfied that all the proofc required by the regulations are filed, and that they -how a bona fide compliance with the law and regulations. 2 L. D., 726 ; No. 66. < rives the entryman complete equitable title so far as third persons are con corned, which is not subject to forfeiture under See. 2324, R. s. ; the validity of an entry depends on the facts existing when it is made, and not oil the euti \ - man's subsequent acts or omissions. 2 I.. D., 770, 771; No. 700. Where entry is erroneously canceled, the land is not subjected to appropri- ation by a stranger to the record who had located it while the entry was sub sisting. 2 I.. I).. 769 ; No. 700. Entry of lam containing boms, soda, alum, etc., in California, vada. Arizona, Utah, and Wyoming, may be made under regulations of October 81,1881; whether same ruling should apply to oil, qiuere. 2 L.D.,708; No. 782. Entry may be mads bya purchaser in good faith of the interest of a rcgistei in a location (placer) made by himself. 2 L. !>.. 764 ; No. 7-17. MATTHEWS? GUIDE. 18'» A protestant has no standing before the Department as a litigant. 2 L. D. r 743, 749 ; Nos. 740, 744. The form of a lode location need not necessarily be that of a parallelogram ; the formation of a mineral deposit must govern. 3 L, D., 1 1 ; No. 749. Surveyors-general required to note date of location on approved plats of sur- vey. 3 L. D., 40 ; No. 750. Survey of; instructions. 8 L. D., 542, 541 ; Nos. 89, 92 ; but see No. 12(3. Valid location cannot be made on a tortious entry. 3 L. D., 267 ; No. 756. Mineral value of tract claimed to be shown. 3 L. D., 53G ; No. 761. Lode claim within placer restricted to twenty-five feet on either side thereof. S L. D., 383 ; No. 759. The twenty-five feet referred to in Sec. 2333, R. S., is to be measured from the center of the lode. 3 L. D., 388 ; No. 759. The burden of proof is upon the protestants. 3 L. D., 267 ; No. 756. Patent issued to applicant, after quit-claim, priority of parties being shown. 3 L. D.. 340 ; No. 757. Protestant not entitled to appeal. 3 L. D., 422 ; No. 760. Failure to post notice on mill-site portion of claim excused under the facts. 3L. D., 386; No. 758. ■ . - ; Failure to adverse within period of publication leaves the plaintiff in the position of a protestant, 3 L. D„ 422 ; No. 760. The junior application should be treated as an adverse claim when the rec- ord shows the existence of the senior application. 3 L. D., 40 ; No. 750. The second applicant not having filed adverse, being misled by the error of the register in receiving their application, allowed thirty days to institute suit. 3 L. D°, 40 ; No. 750. In the publication of notice figures must not be changed to words and charged for as thus extended. 3 L. D., 115 ; No. 880. Water-right cannot be obtained under the guise of a placer claim. 6 L. D., 536; No. 761. . ..'':".■» . , ,, Where a town settlement is made upon a mineral claim the patent should contain the clause of reservation, even if the settlement is unprotected by entry. 3 L. D., 84 ; No. 2116 ; but see Nos. 842, 1526. Where part of the claim included within the application was taken by assign- ment after litigation with a successful adverse claimant, evidence must be fur- nished showing the necessary expenditures thereon. 3 L. D., 149 ; No. 753. Work done on a claim with the view of developing adjoining claim also, is available for both. 3 L. D., 267 ; No. 756. _ Law and reflations contemplate that primary decision in, shall be made by the local office. 4 L. D., 377 ; No. 780. The case coming upon appeal from the local office without a decision on the merits the papers are returned for its action. 4 L. D., 376 ; No. 780. Under which the requirements of the law have been complied with confers a vested right. 4 L. D., 476; No. 781. When applicant's affidavit may be made by an agent. 4 L. L>.,o/4; J\o. 104. Application for entry not properly followed up confers no exclusive rights. 4 L. D., 30 ; No. 763.. .. .... Certificate as to expenditure upon claim should be filed with application or during publication. 4 L. D., 17 ; No. 762. Abstract to approximate date of application. 4 L. D., 374, 51&; INos. 1U4, 784 Error in boundary of claim as shown by survey stakes may be corrected through the surveyor-general's oiiice. 4 L. I)., 117 ; No. 768. The stay of proceedings, resulting from adverse claim, removed by waiver. 4 L. D, 120, 370; Nos. 768, 780. Adverse claim must be asserted within the period of publication. 4 1,. U., 30; No. 703. , , . , , ,' ... . ' Waiver of adverse claim effective when filed in the local office without refer- ence to pending judicial proceedings thereon. 4 L. D., 117, 376 ; Nos. 768, 780. 1$4 MATTHKUSS <.LIDE. The judgment of the court doe* not go beyond the right of possession. A L. D.. 314; No. 77«.. Hearing as to character of land and compliance with the law ordered after Bn cceMfu TittU against adverse claim. 4 L. I)., .'514 ; No. 776. Alien, after declaration of intention, may take ad\antageof bin previous acts done under the mining law. 4 L. D.. 565 ; No. 547. Circular of December 14, 1885, modifying the practice under the Good Re- turn Placer mine decision. 4 L. EL 374 ; No. 104. Labor and improvements on land excluded from claim confer no rights. 4 L I).. MO; No. 770. Surrey of consolidated claim embracing several contiguous lode locations allowed." 4 L. D., 362 ; No. 777. Additional proof allowed though the discovery and improvement* appeared to be on land excluded from the claim. 4 L. D., HiO ; No. 770. Failure to assert an alleged right in the courts, on due opportunity, debars its consideration when set up by an assignee who is not an " adverse claimant" 4 L. D., 271 ; No. 772. Dismissal of suit by adverse claimant held a waiver of claim to ground in conflict, where the lode passed through the prior placer claim. 4 L. D., 278; No. 773. Protest or adverse claim should be filed as against an application to protect rights under a prior townsite patent. 4 L. D., 555 ; No. 837. Claimant for alleged known lode should apply for patent, though such lode is included in placer patent issued to another. 4 L. D., 4!i4 ; No. 7S3. The right to determine questions of possession in the courts necessarily in- volves all matters incidental thereto. 4 L. D., 273 ; No. 772. Location of mill-site on non-mineral land, not contiguous to lode, protected from subsequent townsite appropriation. 4 L. 1)., 212; No. 2120. Application not limited to single location. 4 L. 1)., 221, 284; Nos. 771, 775. Though the application covers several locations, proof of |500 expended on the claim, as applied for, is sufficient. 4 L. D., 221, 374 ; Nos. 771, 104. Where application covers several locations, an adverse claimant may show abandonment of any one of such locations. 4 L. D.. 221 ; No. 771. Preliminary showing of expenditure necessary to maintain possession re- quired on application. 4 L. D.. 221, 374 ; Nos. 771, 104. I low proof of annual expenditure should be shown. 4 L. D., 221, 374; Nos, 771. 104. Annual expenditure required on each located placer claim. 4 L. D., 223, 374 ; Nos. 771,104. Several held in common kept alive by work done upon one of them. 4 L. J)., 221 ; No. 771. Relocation of claims never adjusted to the public survey allowed. 4 L. D., 221 : N0.77L The word "claim" discussed. 5 L. I)., 190 ; No. 789b. Local regulations recognised. 5 L. I)., LSI ; No. 789. Failure to comply with local regulations matter for protest or adverse suit 5L D., 131 ; No. Preliminary proof for patent must show the claim valid at application. 5 I* D., 25; No. 785. Notice most give the course and length of a line connecting the claim with a corner of the public surveys, or with a mineral monument. 5 L. D., 085 ; N". 796. Failure to post on contiguous mill-site portion of claim excused, and the entry sent to the Hoard of Equitable Adjudication. 5 L. D., 613 ; No. 703. How the period for filing adverse claims mav be affected by the date of post- ing. 5 L D., 510; No. 792. Costing for < JO days sufficient if the same period is covered by publication. 6 I. D., 610; No. 792. In giving notice of application the required period of time must be covered by each form of notice. B L. D., 510; No. 792. MATTHEWS'S GUIDE. 185 Annual expenditure for claims held in common. 5 L. D., 199 ; No. 789b. Rirpose of survey and plats. 5 L. D., 199 ; No. 789b. Survey of, should exhibit boundaries and conflicts. 5 L. D., 199 ; No. 789b. Application for patent or survey may embrace several contiguous locations. 5 L. D., 199 ; No. 789b. Appeal not accorded to protestant. 5 L. D., 93 ; No. 787. Allegations of protest should receive full consideration. 5 L. D., 28 ; No. 786. The right of a co-owner should be asserted as an adverse claimant. 5 L. D., 93 ; No. 787. Both a water-right and a mill-site claim may be located on the same tract of land. 5 L. D., 190 ; No. 789a. Actual use of land for mining or milling purposes contemplated by section 2337, R. 8. 5 L. D., 190 ; No. 789a. The discovery shaft being excluded, the applicant must show the existence of mineral on the remainder of the claim. 5 L. D., 703 ; No. 796. Provisions of circular of May 11, 1885, extended to applications prior to De- cember 4, 1884. 5 L. D., 468 ; No. 126. COAL LANDS. (Sections 2347, 2348, 2349, 2350, 2351, and 2352 United States Revised Statutes.} RULES AND REGULATIONS. Under the authority conferred by said section 2351 the following rules ana regulations have been issued for carrying into effect the provisions of said law, addressed by the Department to the several district land officers, under date of July 31, 1882, viz : 1. Sale of coal lands is provided for — By ordinary private entry under section 2347. By granting a preference right of purchase, based on priority of possession and improvement, under section 2348. 2. The land entered under either section must be by legal subdivisions, as made by the regular United States survey. Entry is confined to surveyed lands ; to such as are vacant, not otherwise appropriated, reserved by competent au- thority, or containing valuable minerals other than coal. 3. Individuals and associations may purchase. If an individual he must be twenty-one years of age and a citizen of the United States, or have declared his in- tention to become such citizen. 4. If an association of persons each person must be qualified as above. 5. A person is not disqualified by the ownership of any quantity of other land, nor by having removed from his own land in the same State or Terri- tory. 6. Any individual may enter by legal subdivisions as aforesaid any area not exceeding one hundred and sixty acres. 7. Any association may enter not to exceed three hundred and twenty acres. 8. Any association of not less than four persons, duly qualified, who shall have expended not less than $5,000 in working and improving any coal mine or mines, may enter under section 2348 not exceeding six hundred and forty acres, including such mining improvements. 9. One person can have the benefit of one entry or filing only. He is dis- qualified by having made such entry or filing alone or as a member of an association. No entry can be allowed an association which has in it a single person thus disqualified, as the law prohibits the entry or holding of more than one claim either by an individual or an association. 10. Lands that are sufficiently valuable for gold, silver, or copper to prevent their entry as agricultural lands can not be entered as coal lands ; and you will not allow any entry to be made under the above-named provisions of law of lands valuable for their deposits of said minerals. 136 MATTIIKWSS (UII)K. 11. The present rules relative to " bearings to establish the character of lands." contained in General Land Office regulations of October 31, 1S81. issued under the mining laws, will, aa far as applicable, govern your action in determining the character Of lands sought to be entered as coat land. 12. The [»ice per acre is $10 where the land is situated more than fifteen miles from any completed railroad, and $20 per acre where the land is within fifteen imli'.s of such road. The price of the land, however, must be determined by it- distance from a computed railroad at the date of payment and entry irrespective of the preference ri'_rht of entry. IS. When application is made to purchase coal land at the rate of $10 per aero you will in all eases require satisfactory proof that the land applied for is at date of entry situated more than fifteen miles from any completed railroad. This proof may consist of the affidavit of the applicant, or that of his duly authorized agent, corroborated by the affidavit of some disinterested credible partv -bowing personal knowledge of the facts. 14. Where the land lies partly within fifteen miles of such road and in jmrt Outride such limit, the maximum price must bo paid for all legal subdivisions the greater part of which lie within fifteen miles of such road. 15. The term " completed railroad " is held to mean one which is actually constructed on the face of the earth ; and lands within fifteen miles of any point of a railroad so constructed will be held and disposed of at (20 per acre. 16. Any duly qualified person or association must be preferred as purchasers of those public lands on which they have opened and improved or shall open and improve any coal mine or mines, and which they shall have in actual posses- sion. 17. Possession by agent is recognized as the possession of the principal. The clearest proof on the point of agency must, however, be required in every and a clearly defined possession must be established. IS. The opening and improving of & coal mine, in order to confer a prefer- ence right of purchase, must not be considered aa a mere matter of form ; the labor expended and improvements made must be such as to clearly indicate th good faith of the claimant. 19. These lands are intended to be sold, where there are adverse claimants therefor, to the party who; by substantial improvements, actual possession, and a reasonable industry, shows an intention to continue his development of the mines in preference to those who would purchase for speculative pur- po-e- only. With this view you will require such proof of compliance with tic law when lands are applied for under section 2348 by adverse claimants as the circumstances of each case may justify. 20. in conflicts where improvements have been or shall hereafter be com- menced priority of possession and improvement shall govern the award when the law baa been fully complied with by each party. A mere possession, how- ever, without satisfactory improvements, will not secure the tract to the first occupant when a subsequent claimant shows his lull compliance with the law. 21. After an entry has been allowed to one party you will make no investi- gation concerning it at the instance of any person except on instruction from this [General band] office. You will, however, receive ail affidavits concerning such ease and forward the same to this [General Land] office, accompanied by a Statement of the facts as shown by your records. L'L'. Prior to entry it i- competent for you to order an investigation, on sutli- cient grounds set fortli under oath of a party in interest and substantiated by the affidavits of disinterested and credible witnesses. MANNKK OF OBTAINING TITLK. l\'!. First. When title is sought by private entry the party will himself make oath to the following application, which must be presented to the register. I, , hereby apply, under the provisions of the Revised Statutes of the United States relating to the sale of coal lands of the United States, to purchase the quarter of section , in township , of range MATTHEWs's GUIDE. 187 , in the district of lands subject to sale; at the land office at , and containing acres ; and I solemnly swear that no portion of said tract is in the possession of any other party; that I am twenty-one yeara of age, a citizen of the United States (or havedeclared my intention to become a citizen of the United States), and have never held nor purchased lands under said act, either as an individual or as a member of an association; and I do further swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over' the same; that my knowledge of said land is such as to enable me to testify understandably with regard thereto; that said land contains large deposits of coal and is chiefly valuable therefor ; that there is not to my knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable deposits of gold, silver, or copper. So help me God. 24. Thereupon the register if the tract is vacant will so certify to the receiver, stating the price, and the applicant or his duly authorized agent must then pay the amount of purchase money. 25. The receiver will then issue to the purchaser a duplicate receipt, and at the close of the month the register and receiver will make returns of the sale to the General Land Office, from whence, when the proceedings are found regular, a patent or complete title will be 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. . 26. This disposition at private entry will be subject to any valid prior adverse right which may have attached to the same land and which is protected by section 2348. 27. Second. When the application to purchase is based on a priority of pos- session, etc., as provided for in section 2348, the claimant must, when the town- ship plat is on tile in your office, file his declaratory statement for the tract claimed sixty days from and after the first day of his actual possession and improvement. Sixty days, exclusive of the first day of possession, etc., must be allowed. 28. The declaratory statement must be substantially as follows, to wit : I, , do solemnly swear that I am years of age, and a citi- zen of the United States (or have declared my intention to become a citizen of the United States) ; that I never have, either as an individual or as a member of an association, held or purchased any coal lands under the provisions of the Revised Statutes of the United States relating to the sale of coal lands of the United States, and I do hereby declare my intention to purchase, under the provisions aforesaid, the quarter of section , in township , of range , of lands subject to sale at the district land office at , and that I came into possession of said tract on the day of , A. I)., 18—, and have ever since remained in actual possession continuously; that I have located and opened a valuable mine of coal thereon, and have expended in labor and improvements on said mine the sum of dollars, the labor and improvements being as follows : [here describe the nature and character of the improvements] ; and I do furthermore solemnly swear that I am well acquainted with the character of said described land, and with each and every legal sub- division thereof, having frequently passed over the same ; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto ; that there is not, to my knowledge, within the limits thereof), any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said lands, to my knowledge, any valuable de- posit of gold, silver, or copper. So help me God, 188 matthewb'b '.i IDE 29. When the township plat Lb not on file at date of claimant's first pos>-e»- nion the declaratory statement must be filed within sixty days from the filing of Buch plat in your office. 90. One year from and after the expiration of the period allowed for filing the declaratory statement is given within which to make proof ami payment; hut you will allow no party to make final proof and payment except on no* tier to all Othen who appear on your records as claimants to the same tract. 'M. A party who otherwise complies with the law may enter o/r<-r the expira- tion of said year, provided no valid adverse right shall have intervened. lie postpones his entry beyond said year at his own risk, and the Government cannot thereafter protect him against another who complies with the law, and the value of his improvements can have no weight in his favor. :\'2. Each claimant at the time of actual purcliase must make affidavit as fol- lows: 1, , claiming under the provisions of the Revised Statutes of the United States relating to the sale of coal lands of the United States, the right of purchase to the quarter of section , in township of range , subject to sale at , do solemnly swear that I have never had the right of purphase under the aforesaid provisions of law either as an individual or as a member of an association, and that I have never held any other lands under its provisions ; I further swear that I have expended in developing coal mines on said tract in labor and improvements the sum of dollars, the nature of such improvements being as follows: ; that I am now in the actual possession of said mines, and make the entry for my own use and benefit and not directly or indirectly for the use and benefit of any other party ; and 1 do furthermore swear that I am well acquainted with the charac- ter of said described land, and with each and every legal sub-division thereof, having frequently passed over the same ; that my know ledge of said land is such as to enable me to testify understanding^- with regard thereto ; that the same is chiefly valuable for coal ; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my know- ledge, any valuable deposit of gold, silver, or copper. So help me God. ' 33. The application, declaratory statement, and the affidavit required at the time of actual purchase, the forms of which are given above under paragraphs 23, 28, and 32, may be sworn to before any officer authorized by law to admin- ister oaths, but the authority of such officer must be properly shown. 34. Any party duly qualified under the law, after swearing to his application or declaratory statement, may, by a sufficient power of attorney duly executed under the laws of the State or Territory in which such party may then be re- siding, empower an agent to file with the register of the proper land oilice the application, declaratory statement, or affidavit required at the time of actual purchase, and also authorize him to make payment for an entry of the land in the name of such qualified party ; and when .Mich power of attorney shall have been filed in your office you will permit such agent to act thereunder as above indicated. 85. Where a claimant shows by affidavit that he is not. personally acquainted with the character of the land, his duly authorized agent who po ss es se s such knowledge may make the required affidavit as to its character; but whether this affidavit is made by principal or agent it must be corroborated bv the affi- davit-- of two disinterested and credible witnesses having knowledge of its character. :;ii. Nothing in these regulations shall be so construed as to prevent a party from proving bifi citizenship or age, or establishing the status of the lands BOUght to be entered, in accordance with ordinary rules of evidence, and any proof regularly introduced for that purpose that would be competent in a court or before a commissioner charged with the ascertainment of facts may be con- sidered. MATTHEWS 'S MM Hi.. 180 37. Assignments of the right to purchase will bo recognized when properly executed. Proof and payment must be made, however, within the prescribed period, which dates from the first day of the possession of the assignor who initiated the claim. COAL LAND RULINGS. Price of dependent upon its distance from a completed railroad at date of entry, irrespective of the preferred right of en'ry. 1 L. D., 540 ; No. OSS. And iron lands in Alabama ; circular of April 9, 18S3. 1 L. 1)., 655 ; No. G4. Sale of; circular of July 31, 1882. 1 L. D., 687 ; No. 47. A filing appropriates the land and bars subsequent applications. 2 L, D., 728 ; No. 727. The declaratory statement and affidavit must be made by the applicant him- self; subsequently certain proofs and acts may be made by an agent; where the declaration was improperly made by an agent, in the absence of adverse filing or conflict it may be made by applicant himself nunc pro tunc. 1 L. D., 735 f No. 74G. Where A filed and assigned to a company, the company mav enter as assig- nees. 2 L. D., 728 ; No. 727. The law only requires that no member of a company shall be interested in other land claimed or owned under the coal law at date of the entry. 2 L. D., 72:); No. 727. Price of, depends upon the proximity of the land to a completed railroad at the date of payment and entry, irrespective of the question of preferred right of entry. 2 L. D., 733 ; No. 725. Price of, within fifteen miles of a completed railroad, is not affected by the fact that there is an inaccessible range of mountains between the lands and the railroad. 2 L. D., 783 ; No. 725. Where the public surveys were erroneously extended over part of the Ute reservation (west of the 107th meridian), and persons went upon the land and filed prior or subsequently to its suspension from sale on October 7, 1S80, they were trespassers until the act of July 28, 1SS2, legalized their occupancy ; the completion of a railroad meanwhile within fifteen miles of the land enhanced its value. 2 L. D., 733 ; No. 725. Coal lands are not mineral lands within the meaning of the act of June 3,, 187S (timber-cutting). 2 L. D., 827 ; No. 2044. Must be entered by legal subdivisions. 3 L. D., 65; No. 751. There is no authority for segregating the coal from the other land within a legal subdivision. 3 L. D., 65 ; No. 751. That coal may be found upon land claimed by a pre-ernptor, is immaterial if such mines are not known. 3 L. D., 172 ; No. 741. Prior possession, without filing, will not avail as against an adverse claimant who has complied with the law. 4 L. D., 96 ; No. 766. Covered by a homestead entry on March 3, 1883, must be publicly offered on the cancellation of such entry (Alabama). 4 L. D., 367 ; No. 779. Proof as to character of land must show the actual production of mineral. 5 L. D., 126 ; No. 788. Proof that adjoining lands have produced coal not sufficient. 5 L. P., 126;. No. 788. Proximity to a city does not affect claim. 5 L. D., 126 ; No. 7SS. Each member of the association must show qualification. 5 L. I)., 224 ; No. 790. Entry of, disallowed as inconsistent with original claim. •"> L. D., 224 ; No. 791. AMENDMENTS. The Land Department has always permitted the amendment of an entry in the sense of the correction of an incorrect record (where an error had been made whereby the record failed to describe correctly the land which the claim- t'.MI MAT! Ill \\>- QUIDS, ant intended to enter), provided oo superior adverse ridit intervened prior to pplication to amend. (Daniel Keeee,5 I.. D., Application by a party Gar amendment of an entry or filing should be made through the register and receiverof the proper district land office, accompanied by his affidavit, corroborated by that of disinterested witnessesB, when possible, and any other e^ Ldence available, showing the error, and how made, what efforts were made to avoid error, any improvements made on the land, and any other facts of a nature to strengthen the claim. The register and receiver in transmit- ting the application, and accompanying papers for the action of the General Land Office, must pve their joint opinion as to the existence of the mistake, and the credibility of the witnesses testifying thereto. (Christopher Nitschka, 7 L. D.. Amendments mother classes of cases are allowed on liberal principles as shown in the rulings subjoined amendment ruling8. Application. Of homestead application, irregular because executed while land was appro- priated, allowed (there being no adverse claim). 2 L. D., 270 ; No. 1810. Timber-culture application, erroneous in form (naming wrong act) and re- turned for correction, takes effect as of the date upon which it was first re- ceived. 2L.D..44; No. 327. Timber-culture application may not be altered or amended by an attorney, mi as to include a different tract. 2 L. D., 201 ; No. 1845. Coal land application, improperly made by an agent, may, in absence of ad- verse filing or complaint, be made nunc pro tunc. 2 L. D., 735 ; No. 740. J'ue-Emition Filing. - ii lenient was made March, 1881, followed by residence and improvement, and filing was made by mistake for the wrong tract ; amendment applied for in May, 1882, will not be allowed where adverse entry (homestead) was made in August, 1881, followed by residence and improvement. 2 L. D., 676; No. 1109. Of filings may only be allowed subject to intervening adverse rights; cases cited. 2 L D., 38, 577; Noa. 310, 1109. Homestead Entry. Prohibited alter acquisition of an adverse right to the tract. 2 L. D., 38,577 ; HO, L109. Allowed alter contest commenced, where the tract was by mistake entered as an original instead of an adjoining farm homestead. 2 L. 1'., 38; No. 378. Wli iv s ittier entered the wrong tract by mistake, and failed to reside on eitlii r tract l>y reason of his wife's Bickness, he may amend Boasto embrace the tract originally selected if no adverse rights have meanwhile attache.) to it. 2 1 D., 170: No. 324, Where one enter- a tract by mistake and intentionally settle- on and im- proves another tract, prior to ad Of May 14, 1880, he must amend his entry be- for ■ i iit rvention Of a valid adverse right (pre-emption settlement and til 2 L. !».. 575 ; No. 10 Where amendment is authorized, Bixty days only are allowed lor making it. 2 L !>., 206: No. G8a. Allowed for adjacent land whereon the entryman hadaccidentlycut timber. 2 L l>.. 808; No.3 ». An amended entry founded on a misrepresentation of the tacts Bhould be canceled. 2 L D.,676; No. L085. Tl.Ml:: iky. Refused, where another entry on the land had been allowed ; but in \ ieu of the equities a second entry is permitted. 2 L. !>.. 253; No. 1804. MATTHEWS'S GUIDE. 191 Entry was held for cancellation in May, 1879, because of illegality, in that it embraced lands in sections 14 and 23, with privilege of amending by including a contiguous tract in either section, but neither appeal, cancellation, nor amend- ment was made; in July, 1879, a railroad withdrawal embraced section 23) and in 1880 the entryman made a new entry including the tract originally entered and a contiguous tract in section 23 ; held that the second entry was an amend- ment of the first and valid. 2 L. D., 852 ; No. 1844. Contest Papers. The liberal policy of the several States in respect to amendments in judicial proceedings will be recognized and adopted by the Land Department, in so far as the amendment does not affect rights. 2 L. D., 39 ; No. 405. A motion to dismiss for informalities in the affidavit should be granted, or amendment allowed. 2 L. D., 217, 221 ; Nos. 1822, 873. The omission to file an application for the land in a timber-culture contest may be remedied prior to or at the hearing, if no other right has intervened. 2 L. D., 29G, 319 ; Nos. 1842, 1860, but see circular June 27, 1887, No. 135. Where affidavit (against timber culture entry) is executed prematurely, but filed at the proper time, it may be amended. 2 L. D., 249 ; No. 1S59. A defective affidavit of contest (lacking corroborating affidavit) returned by the local officers for amendment, and duly amended, will be regarded as filed, so as to bar another contest. 2 L. D., 39, 210 ; Nos. 405, 342. The insertion by an attorney of the date of entry (timber-culture) in a blank form for contest, after the execution, is permissible. 2 L. D., 250 ; No. 1840. Local officers should carefully examine the contest papers, point out their -defects, and allow immediate amendment. 2 L. D., 260 ; No. 1796. With regard to amendment, or second entry in lieu of amendment, see Pre- emption, Homestead, and ■Timber-Culture Rulings. NATURALIZATION. [From United States Land Office circular of October 1, 1871.] The policy of admitting foreigners to the rights and privileges of citizenship is no longer problematical. It has been tested by an experience of over three- quarters of a century. The rapid extension of our western settlements is largely due to the influx of foreign immigration. The United States is the favorite land of the emmigrant. Other countries present equal attractions, in the natural advantages of soil, climate, and position, but have never yet attrac- ted immigration to such an extent as this — in a great measure owing to the fa- cilities for obtaining fertile lands in this country at cheap prices. As aliens cannot avail themselves of the advantages and privilegesderived from the homestead and pre-emption laws to acquire title to the public lands, privileges restricted to citizens or those who have declared their intention of becoming such, it is important that foreigners seeking identification with the American community should be advised of the legal steps necessary to acquire citizenship. Any free alien over the age of twenty-one years may, at any time after his arrival, declare before any court of record having common law jurisdiction {with a clerk, and prothonotary, and seal) his intention to become a citizen, and to renounce forever all foreign allegiance. The declaration must be made at least two years before application for citizenship. At (he expiration of two years after such declaration, and at any time after five years' residence, flu- party desiring naturalization, if then not a citizen, denizen, or subject of any country at war with the United States, must appear in a court of record, ami there be sworn to support the Constitution of the United States, and renounce all foreign allegiance. If he possessed any title or order of nobility, it must also be renounced, and satisfactory proof produced to the court by the tefti mony of witnesses, citizens of the United States, of the five years' residence in 19:2 UATTHKWs'd '-run:. this country, one year of which must be wit hi u the State or Territory where the court is In M, and that during the period of five years the applicant ■ I moral character, and attached to the principles or the Con titu- ti.m; whereupon he will be admitted to citizenship, and thereby his children under twenty-one years of age, if dwelling within the United States, will also be regarded a- citizens. When an alien has made bis declaration and dies before being actually nat- uralized, the widow and children become citizens of the United States, and arc entitled to all rights and privileges as Buch, upon taking the prescribed oath-. Any alien, being a minor, and under the age of twenty-one years at time of arrival; who has resided in the country three years next preceding his major- ity, may, after reaching such period, and a five years' residence (including the three years of his minority), be admitted to citizenship without a previous declaration of int mtion, pro\ ided he then flies such declaration, averring also, on oath, and proving to the court, that for the past three year- it has been his intention to become a citizen, and also showing the fact of his residence and go 1 character. Children of citizens of the United State-, born out of the country, are deemed citizens ; the right, however, not descending to persons whose fS I r resided in the country; and any woman, who might legally be natural- ized, married to a citizen of the United state-, is he! 1 to possess citizenship. An alien twenty-one years and over, who enlists in the regular oi volunteer armies of the United state-, and is honorably discharged therefrom, may be admitted to citizenship up >n his simple petition and sati -factory proof of' one residence prior to hi- application, accompanying the same with proof of moral character and honorable dischar je. Recent conventions with several European powers have established that a naturalized citizen of the United States is free from all allegiance to his former Government. NATURALIZATION RULINGS. Record of court without clerk not received as evidence of. 1 L. D., Gl ; No. 249; see No-. 1 56, MOO. Through the father's act. during the Bon's minority, requires the lait :'• resi- dence, at such time, to he within t lie Unite 1 Slat •-. 1 I.. D., 66; No. 254. In the matter of, in Ohio, the probate court may be presumed to have a dork 1 L.D.,83; No. 270; see Nos.486, 1500. < rcneral statutes of, are not applicable to Indians. 1 L. I)., 4'.)1 ; No. 1040. The daughter of an alien who after filing his d< claration of intention to 1>,-- COme a citizen, died before taking out final papers, is deemed a citizen upon taking the prescribed oath; before doing so, she may initiate a pre-emption claim. -1 L. I)., idl ; No. L072. i- effected through the oath. 4 L. D., Ill; No. 486. Has a retroactive effect. 4 L. D., 565 ; No. 547; seeNo.1180. M iy be shown by copies of original papers, where final proof is made before an officer of a court of record. 4 L. I >.. 210: No. 932 ; sec No. 988. Declaration by the father, during the minority of the son, does not confer citizenship upon the son. 4 L. D., 116; No. 1180. County courts of Colorado are authorized to admit an alien to citizenship. 4 L. D., 107, 842 ; Noa. 488, 1500 GENERAL HINTS \ RELATIVE TO GRANTS OF LAND TO AID IN THE CONSTRUCTION OF RAIL ROADS. GENERAL HINTS RELATIVE TO GRANTS OF LAND TO AID IN THE CONSTRUCTION OF RAIL- ROADS. The acts of Congress making grants to aid in the construction of railroada usually contain a grant of the right of way, and in some instances privilege of using the material necessary for the construction of the road, and a grant of every alternate section of land (designated by odd or even numbers) for a stated number of sections in width on each side of the line of the road as definitely fixed, with provision for indemnity for land sold, reserved, or to which the right of pre-emption or homestead had attached at the date said line is defi- nitely fixed. In some cases provision is made for the withdrawal from disposition of lands within the limits prescribed upon the filing of a map of general route, which reserves the lands until the road is definitely fixed. The acts making such grants date back to September 20, 1850, (9 Stat., 45G,) which is a grant to the States of Illinois, Mississippi, and Alabama for the bene- fit of the Illinois Central and Mobile and Ohio River railroads. It was the custom in the administration upon the early grants to direct the withdrawal of all the lands liable to be included within the limits of the grants made, either just before or directly after the passage of the acts, and later dia- grams were prepared showing the limits as established by the acts, and lands foiling without said limits were restored, and any not included withdrawn. Such withdrawals were generally no bar to settlement claims, which were admitted until the route was definitely fixed. DETERMINATION OF LIMITS. In the preparation of diagrams the lateral limits of a grant are determined by drawing lines on each side of the line of the road through a series of points at the precise distance therefrom of the width of the grant on tangential lines to arcs having a radius equal to the width of the grant on each side of the road. By this system any point on the lateral limit will be distant the length of such radius from some point on the road as located. This system has been invariably followed since 1850. WHEN BIGHT ATTACHES TO LANDS WITHIN THE PRIMARY OR GRANTED LIMITS. The first opinion, as to when the right of the roads attached, is that of December 19, 1856, by C. dishing, Attorney-General, in which he held, refer- ring to the act of May 15, 185(3, granting lands to the State of Iowa for railroad purpose, " the act by its text, makes a conditional grant in prsesentiiin the nature of a jloat, and which does not attach to any particular parcel of the public land until the necessary determinative lines shall have been fixed on the face of the earth." This was generally followed and the rijjrht was held to have attached, upon survey in the field, until the decision of the United States Supreme Court, in the case of Van Wyck vs. Knevals, (10(i U. S., 360), in which it was held that the 195 190 MATTHEWS 's GUIDE. route urnst bo considered definitely fixed when it has ceased to bo the subject of change at the volition of tbe company. Until the map is filed with the tary of tin- Interior the company is at liberty to adopt sucli a route as it may deem best, after an examination of the ground has disclosed the feasibility and advantages of diflerent lines. But when a route is adopted by the com- pany and a map designating it is filed with the Secretary of the Interior and ted by that officer, the route i- established; it is, in the language of the act definitely fixed," and cannot he the subject of future change so as to affect the grant, except upon legislative consent." This decision has since been followed. LANDS EXCEPTED FROM T1IK GRANT. A homestead entry, made by a person duly qualified, which is in all respects regular and legal, excepts the land covered thereby from the operation of a railroad grant attaching during the existence of such entry. It will be notice. 1 that the entry must be in all respects regular and legal, and where allegations were presented by tin- company tending to show fraud or irregular- ity in the initiation of the entry, opportunity was afforded the company to present proof thereof, and if sufficient, secured the cancellation of the entry, and the tract was in id to inure to the grant, This rule prevailed until in February, 1883, when it was held thatahome- I entry, valid on its lace, subsisting at the date the grant took effect, ex- oepted the land embraced thereby from such grant. (Graham vs. Hastings and Dakota Railroad Company, 1st Land Decisions, 380.) Th icase of the Kansas Pacific Railway Company vs. Dunmeyer, (11:5 U.S., followed, holding that land covered by homestead or pre-emption entry at the date the right of tic road attached, did not come within the grant, and the subsequent failure of the person making such claim to comply with the law does not cause the land to revert to the company and become part bf its grant. _ As to a pre-emption claim which may have existed to a tract of land at the time of the attachment, of a railroad giant, if subsequently abandoned and not consummated, even though in all respects legal and bona fide, it would not operate to defeat the grant, it being held that upon the failure of such claim the land covered thereby inured to the grant as of the date when such grant became elective. Under this ruling, therefore, no hearing could be ordered for the purpose of ascertaining the facts respecting the settlement, occupation, improvement of the land by such pre-emption claimant, for even if such facts were established it must be held that the land inures to the grant (See circular relative to ad- justment of railroad grants, 1S7!).) This rule prevailed until the decision in the case of Perkins t». Central Pacific li. Ii. Co., (1st Land Decisions, 357,) when it was held : " These grants to railroads are present grants; when they take effect they operate ,<> mttanU upon the lands within the granted limit.-. " The grant is not held in abeyance to await the default of settler-, hut the title rests or docs not vest at once; and so far as regards the land in which the title does not vest at once, the claim of the company is at an end. If the grant i- a present one, and tie- title does not vest when thegrant takes effect, it cannot ve-t afterward. " It was the intention of Congress that only such unoccupied lands as wore not held under any claim recognized by the Government, should pass under the grant "The lands, therefore, in those sections to which the pre-emption and home- stead claim had attached at tin; time the line of the mad was fixed, were not granted at all. It was not a grant of the entire odd sections, subject to pre- emption and homestead claim- thereon ; but the grant did not touch the lands to which these claims had attached." After tin- decision in the Dunmeyer case, before referred to, the tendency of the decisions was towards elevating a filing (a mere declaration) to the same dignity as a homestead entry, but it was not until the decision in the case of mattSews's guide. 197 Malono ve. Union Pacific Ry. Co., (7th Land Decisions, 13), that it was announced that " the existence of a prima facie valid pre-emption filing at the date when the right of the road attached, excepts the land covered thereby from the operation of the grant." INDEMNITY LANDS. In the withdrawal of lands under a grant, lands within the indemnity limit, or lieu lands, were withdrawn at the same time as were the coterminous granted lands, and the same general principles were applied to them as to the granted lands, i. e., their right was held to have attached in the indemnity limits, at the same time as within the granted limits. This practice continued until the decision in the case of Michael Ryan vs. Central Pacific Railroad Company, (99 U. S. 382), which held with respect to "lieu lands" that the right was only a float, and attached to no specific tracts until the selection was actually made in the manner prescribed. Prior to the passage of the act of July 1, 18G4, (13 Stat., 335), the companies were not required to make selections, the lists for approval or patent, were made up in the General Land Office from the tract books. By said act a fee was allowed the register and receiver upon the location of lands by States and corporations under grants from Congress for railroads and other purposes, (except for agricultural colleges), and it became necessary to make formal selections. In the early adjustment of the grants for railroads, indemnity was allowed for all lands sold, reserved, or disposed of within the granted limits, whether such sale, reservation, or disposal occurred before or after the grant- ing act, but by the decisions based on that in the case of the Leavenworth, Lawrence and Galveston R. R. Co. vs. United States (2 Otto, 733), it was held that indemnity can only be allowed for lands sold, reserved, or disposed of in the granted limits after the granting act, and prior to the time when the rail- road right attached, unless the grant was one of quantity specifically set. forth in the act, and it consequently became necessary to know for what lands in place the indemnity selections were made, so, by the circular relative to the ad- justment of railroad grants (1879) the registers and receivers were directed to require the companies to designate the specific tracts for which the lands selected are claimed. The only exception to this requirement that the losses should be designated in making indemnity selection after 1879, was that in favor of the Northern Pacific Railroad Company. May 28, 1883, the Secretary of the Interior, hav- ing a desire to open for settlement as speedily as possible all lands within the inuemnity limits of the grant for said company not actually required to supply the losses within the granted limits, in order to facilitate the work of making selections, directed that the local officers be instructed, when clear lists of selections are filed and approved by them, that said lists should at once be marked on their books and forwarded for final examination, leaving the ascer- tainment of the lands lost in place to the General Land Office. Under the circular of August 4, 1885, the registers and receivers were direc- ted before admitting railroad indemnity selections in any case to require pre- liminary lists to be filed specifying the particular deficiencies for which indem- nity is claimed, and where indemnity selections have heretofore been made without specification of losses, to require the companies to designate the defi- •ciencies for which such indemnity is to be applied before further selections are allowed. This general statement as to the requirements in making indemnity selections is necessary to determine what selections were actually made in the manner prescribed. The orders of withdrawal of lands for the following roads, as to the indem- nity limits, have been revoked, and the lands, except those covered by approved selections, have been restored to the public domain : 10s MATTHEWS'a GUIDE. \ame of Road. Date <•( urtl.T of u ■■ ution, Alabama and Chattanooga Railroad August 15, iss7 Atlantic ami Pacific Railroad August 18, 1887 California and Oregon Railroad August 15, 1887 Chicago, St Paul, Minneapolis and Omaha Railway August 17, iss7 Dalles Military Road August i">, 1887 Flintand Pere Marquette Railroad August 15, 1887 Florida Railway ami Navigation August R>, 1887 Gulf and Ship Island Railroad August 15, 1887 Marquette, Houghton and Ontonagon Railroad August 15, 1887 Missouri, Kansas and Texas Railway August 17, 1887 Mobile and Girard Railroad August 15, i ss 7 New Oilcans Pacific Railway August 15, 1 v >7 Northern Pacific Railroad August 15, 1887 Oregon and California Railroad August l~>, 1887 Oregon Central Wagon Road August 15, 1887 sacola and Atlantic Rail mad August R>, 1887 St. Louis, Iron Mountain and Southern Railway August 15, 1887 St. Raul and Dulutb Railroad '. August 15, 1887 Southern Pacific Railroad August 15, 1887 Tennessee and Coosa Railroad August 15, ' ss 7 Vicksburgand Meridian Railroad August 15, 1887 Vicksburg, Shreveport and Pacific Railroad August 15, iss7 Wisconsin Central Railroad August 15, l cs 7 Wisconsin Farm Mortgage August 17, iss7 Burlington and Wisconsin River Railroad December !•">, 1887 Chicago, Rock Island and Pacific Railroad December 15, 1887 Dubuque and Sioux City Railroad December i">. i v -'7 Iowa Falls and Sionx City Railroad December 15, is^7 Florida, Atlantic and Gulf Central I Jail road December 15, I Pensacola and Georgia Railroad December c>. i v s7 Alabama and Florida Railroad December I">, 1887 Tennessee and Coosa Railroad December i">, 1887 South and North Alabama Railroad December 15, 1887 Sehna, Rome, and Dalton Railroad December 15, 18S7 Jackson, Lansing and Saginaw Railroad December i">, 1SS7 Grand Rapids and Indiana Railroad December 15, 1887 Chicago and Northwestern Railroad December 15, 1887 St. Joseph and Den ver City Railroad December 15, 1887 RELINQII.SHMKNTS BY RAILROADS IN PAVOB OF BSTTLEBS. An inducement is offered to such railroad companies as may be found entitled to lands held by actual settler- under the' pre-emption Or homestead laws to relinquish in fiivor of settlers, and receive other lands in lieu thereof, by an act of Congress approved June 22, 1874 (18 Stat., 194), which providi •• That in the adjustment of all railroad land grants, whether made directly to any railroad company or to any state for railroad purposes, if any of the lands granted be foundinthe possession of an actual settler whose entry or filing has been allowed under the pre-emption or homestead laws of the United Suites subsequent to the time at which, by the decision of the land office, the right of said road was declared to have attached to such lands, the grantees, upon a proper relinquishment of the lands so entered or filed for, shall be entitled to ■-elect an equal quantity of other lands in lieu thereof from any of the public land- oot mineral, and within the limits of the grant, not otherv. ise apppropriated at the date of selection, to which they shall receive title the same os though originally granted. And any bucu entries or filings I relieved from conflict may be- perfected into complete title as if such lands had not been granted : Provided, That nothing herein contained shall in any man MATTHEWS? GUIDE. 199 ner be so construed as to enlarge or extend any grant to any such railroad, or to extend to lands reserved in any land grant made for railroad purposes : And provided further. That this act shall not be construed so as in any manner to confirm or legalize any decision or ruling of the Interior Department under which lands have been certified to any railroad company when such lands have been entered by a pre-emption or homestead settler after the location of the line of the road and prior to the notice to the local land office of the with- drawal of such lands from market." Upon the filing of such a relinquishment the land office is authorized to recognize the filing or entry of the settler in the same manner as if the land had not been granted to the railroad company. To facilitate the adjustment of completing claims and give effect to the pro- visions of the act, the following rules were established: 1. When the superior right of the company is ascertained, and it is found that the claim of the settler is such that it would be admitted were the railroad claim extinguished, the General Land Office will, in all practicable cases, direct the attention of the officers of the company to the fact, and request an explicit answer whether or not the land will be relinquished. 2. Relinquishment may be made by a simple waiver of claim where the patent or its equivalent has not been issued in behalf of the company ; but where title has passed, formal reconveyance will be required, as in other cases of the surrender of patents. 3. When making relinquishment, the company will be permitted to name the tract selected as indemnity ; and in order that conflict with pending appli- cations may be avoided, such relinquishment and selection should be filed with the register and receiver, and be noted upon their record before transmission to the General Land Office. But in case the company desires to relinquish at once in favor of the settler, and trust to future selections for indemnity, such relinquishment may be sent direct to the General Land Oiiice, and upon its receipt will be noted on the books, and the claim of the settler will be immediately released from suspen- sion. 4. The selections must be of lands, not mineral, within the limits of the grant and withdrawal, free from other claims, and not reserved or otherwise appropriated at date of selection. 5. Where fees have been paid upon the original selection they will be ap- plied to indemnity. Where tracts not yet formally selected are relinquished, fees will be charged upon the indemnity selections. G. The selections will be reported by the register and receiver in the same manner as original selections, Avith a reference to the act by its date and title; and opposite each tract annotation -will be made of the tract surrendered, and the name of the settler in whose favor it is relinquished, with the number of his entry or filing. Itis required, however, that a filing or entry shall have been admitted, and that the settlers claim shall be such as would be recognized in the absence of the railroad grant. The company acquires no right to the lieu tract until selection thereof is regularly made, and its right to make such a selection will not be considered until application is made for a specific, tract. A relinquishment under this act is made to the United States, and when accepted becomes at once operative, and the company is entitled to select lands in lieu of those relinquished, provided said lands were in such condition as to warrant relinquishment, without regard to the ability or intention of the set- lcr to perfect his claim. The land by reason of such relinquishment is released from all claim of the company, and is subject to disposal under the general land laws. CONFIRMATION OF PRE-EMPTION AND HOMESTEAD CLAIMS IN RAILROAD LIMITS. On the 21st of April, 1876, Congress, by an act entitled " An act to confirm pre-emption and homestead entries of public lands within the limits of rail- 200 MATTHEWSS GUIDE. road grants in cases where such entries have been made Under the regulations of the Land Department," declared : " "That all pre-emption and homestead entries or entries in compliance with any law of the United States, of the public lands, made in good faith by actual settlers, up >n tract- of land of not more than one hundred and sixty acres each, within the limits of any land grant, prior to the time when notice of the with- drawal of the lands embraced in such grant was received at the local land office of the district in which such lands arc situated, or after their restoration to market by order of the General Land Office, and where the pre-emption and homestead laws have been complied with, and proper proofs thereof have been made by the parties holding such tracts or parcels, they shall he confirmed, and patent for the same shall issue to the parties entitled thereto. That when at the time of such withdrawal as aforesaid valid pre- emption or homestead claims upon any lands within the limits of any such grants which afterward were abandoned", and, under the decisions and rulings of the Land Department, wire re-entered by pre-emption or homestead claim- ants who have complied with the laws governing pre-emption or homestead entries and shall make the proper proofs required under such laws, such entries shall be deemed valid, and patents shall issue therefor to the person entitled thereto. , . . . , " SBC. 3. That all such pre-emption and homestead entries which may have been made by permission of the Land Department, or in pursuance of the rules and instructions thereof, within the limits of any land grant at a time subse- quent to expiration of such grant, shall be deemed valid, and a compliance with the laws, and the making of the proof required shall entitle the holder of such claim to a patent therefor." (19 Stat, p. 85.) . it has been held that the words "pre-emption and homestead entries, in the special sense in which thev are used in the first section of the act, refer to settlement made in good faith by persons possessing the requisite legal qualifi- cations , , . . Being a remedial statute, it must be liberally construed so as to include the remedy, and whether constitutional or not it must be enforced by the Land Department. . . It was held that the act is mandatory, and confirms all claims coming within its terms, and that patent must issue, notwithstanding patent may have been issued to the railroad company for the same land, but in the case of the Wis- consin Central It. E. Co. vs. Stinka, (4th Land Decisions, 344,) it was held that " if the latent to the railroad company is for any reason invalid, and the set- tler herein has been injured in any way, the courts are the proper tribunals to adjudicate the matter." Sine Baid decision the practice of issuing a second patent has been discon- tinued. „ , , , , The recent rulings under this act have gone so far as to hold that an entry made after filing of the map of definite location, but before the receipt of the Order of withdrawal based thereon, is confirmed by the first section of the act, even though afterwards abandoned. RIGHT-OF-WAY RAILROADS. In addition to the clause contained in all grants of lands to aid in the con- struction of railroads granting the right of way, Congress, by act approved March 8, L875, (IS Stat., 482) granted to railroads generally the right of way through the public lands of the United States. The following is a copy of said act: " Br it rnnrted by llic Srwdc and Hmisc of Ilejrrcxntialivcs of Hie Dialed State* of America in Omgresa cusembled, That the right of way through the public lands of the United States is hep. by granted to any railroad company duly organized under the laws of any suite or Territory, except the District of Columbia, or by the Congress of the United States, which shall have (lied with the Secretary MATTHBWS'S GUIDE. 201 of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each Bide of the central line of said road ; also the right to take, from the public lands adja- cent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad ; also ground adjacent to such right of way for station-buildings, depots, machine shops, side-tracks, turn-outs, and water- stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. "Sec. 2. That any railroad company whose right of way, or whose track or road-bed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation ; and where any change in the location of such wagon road is necessary to per- mit the passage of such railroad through any canyon, pass, or defile, said rail- road company shall, before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favor- able location, and in as perfect a manner as the original road : Provided, That such expenses shall be equitably divided between any number of railroad com- panies occupying and using the same canyon, pass, or defile. "Sec. 3. That the legislature of the proper Territory may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned ; and where such provisions shall not have been made, such condemnation may be made in accordance with section 3 of the act entitled 'An act [to amend an act entitled An act] to aid in the con- struction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two,' ap- proved July second, eighteen hundred and sixty-four. " Sec. 4. That any railroad company desiring to secure the benefits of this act, shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is lo- cated a profile of its road ; and upon approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office ; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way : Provided, That if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. " Sec. 9. That this act shall not apply to any lands within the limits of any military, park, or Indian reservation/or other lands specially reserved from sale, unless such right of way shall be provided for by treaty stipulation or by act of Congress heretofore passed, " Sec. 6. That Congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof." This act is not in the nature of a grant of lands ; it does not convey an es- state in fee, either in the " right of way " or the grounds selected for depot purposes. It is a right of use only, the title still remaining in the United States. All persons settling on public lands to which a railroad right of way has attached, hike the same subject to such right of way and must pay for the full area of the sub-divisions entered, there being no authority to make deductions in such cases. *nj If \ CTHKW8 9 GUIDE. If a settler has a valid claim to land existing at the date of the approval of the map of definite location of a railroad company, his right in superior, ami he i- entitled to such reasonable measure of damages for "right of way," etc* as may be determined upon by agreement, or in the courts, the question beim; om> that does not fall within the jurisdiction of the Land Department. REPAYMENT. In making the izrants to aid in the construction of railroads, Congress Increased m price the reserved sections, and landa which were increased in price upon early location, more properly speaking, trial lines, or upon genera! route, often fell without the granted limits as established upon the line as By the Becond section of the act of Congress approved June 16, 18S0(2l Stat, L'S7' it is provided that in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the. limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall be repaid to the purchaser thereof, or to the heirs or assignees. Applica- tion for repayment must be made in regular form. RESTORED RAILROAD LANDS. The act of January 13, 1881, entitled " An act for the relief of certain settlers on restored railroad lands," provides : "That all persons who shall have settled and made valuable and permanent improvements upon any odd-numbered section of land within any railroad withdrawal in good faith and with the permission Or license of the railroad company for whose benefit- the same shall have been made, and with the expectation of purchasing of such company the land so settled upon, which bind so settled upon and improved may, for any cause, be restored to the public domain and who. at the time of such restoration, may not be entitled to enter and acpuire title to such land under the pre-emption, homestead, or timber- culture acts of the United States, shall be permitted at any time within three months after such restoration, and under such rules and regulations as the Commissioner of the General Land Office may prescribe, to purchase not to 1 one hundred and sixtv acres in extent of the same, by legal subdivis- ions, at the price of two dollars and fifty cents per acre, and to receive patents This act applies to settlements upon odd-numbered sections embraced within railroad withdrawals, whether such settlements and withdrawals shall have been "made before or after passage of the act, but in order to bring a purchaser within the provisions of the act, he must have actually settled and made valu- able improvements upon the land, in good faith, before the restoration of the land to the public domain, ami with permission or license of the railroad com- pany for whose benefit the withdrawal was made, and with the expectation of purchasing from said company the land so settled upon. _ Only the actual settler at the date of restoration can be permitted to make such purchase, and only land in withdrawn or restored odd-numbered sections can be so purchased. This act has no application to persons, who, without actual settlement, may have improved the land, nor to these, who, without actual settlement and im- provement may have purchased the land of the railroad company. When the land i- subject to entry under the pre-emption, homestead, or fimber-culture laws, and the settler is qualified to make such an entry, ho m authorized to proceed under the law applicable to the case. He can have the benefit of this act only when he i J exclude 1 from the benefit of said laws. ADJUSTMENT OK LAND (HUNTS. The act of March 3, 1887 (24 Stat, 558), authorize,-, and directs the Secretary of the Interior to immediately adjust, in accordance with the decisions of the MATTHKVVS'S GUIDE. 203 supremo court, each of the railroad land grant:- made by Congress to aid in the construction of railroads, as heretofore adjusted. Below is printed the instructions of the Secretary of the Interior to the Com- missioner of the General Land Ollice relative to said act. The second section of said act provides — " That if it shall appear, upon the completion of such adjustments respect- fully (respectively), or sooner, that lands have been, from any cause, heretofore erroneously certified or patented by the United States to or for the use or bene- fit of any company claiming by, through, or under grant from the United States, to aid in the construction of a railroad, it shall be the duty of the Secretary of the Interior to thereupon demand from such company a relinquishment or re- conveyance to the United States of all such lands, whether within granted or indemnity limits ; and if such company shall neglect or fail to so reeonvey such lands to the United States within ninety days after the aforesaid demand shall be made, it shall thereupon be the duty of the Attorney-General to com- mence and prosecute in the proper courts the necessary proceedings to cancel all patents, certification, or other evidence of title heretofore issued for such lands, and to restore the title to the United States." The provision contained in this section confers no greater power upon the Secretary of the Interior than he possessed before the passage of that act, and which from time to time has been exercised by that official in recommending to the Attorney-General that suits be brought to cancel patents appearing to have been erroneously certified or patented for the benefit of any railroad company. The purpose of the act was to make that mandatory which before rested in the discretion of the Secretary in the exercise of his authority over the public lands. Heretofore the Secretary of the Interior might recommend and re- quest the Attorney-General to institute suits for the cancellation of patents which, in his judgment, were erroneously issued for the benefit of any railroad company under its grants, and the Attorney-General in the exercise of his au- thority might grant or refuse such request as in his judgment might seem proper ; but in the act referred to, whenever it shall appear upon the comple- tion of the adjustment of any railroad land grant, or sooner, that any lands have been erroneously certified or patented for the benefit of said company, it is made the imperative duty of the Secretary of the Interior to demand of said company a relinquishment or reconveyance to the United States of all such lands ; and if the company neglects or fails to reeonvey the same, it shall there- upon be the duty of the Attorney-General to commence and prosecute in the proper courts necessary proceedings to cancel the patents of said lands, and to restore the title thereof to the United States. Therefore, if in the adjustment of the grant of any road it should appear from the records in your office that any lands within either thegranted or indemnity limits of such road have been erroneously certified or patented for the benefit of such company, either froman improper adjustment of the limits of said grant, or from the erroneous cancellation of any filing or entry, or from any cause whatever, you will report such facts to the Department for action thereon, stat- ing fully and specifically the grounds upon which it is supposed such tracts were erroneously certified or patented, and whether said tracts are within the granted or indemnity limits of said road. The third section of said act provides— " That if, in the adjustment of said grants, it shall appear that the homestead or pre-emption entry of any bonajide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public land laws. Provided, That he has not located another claim or made an entry in lieu of the one so erro- neously canceled : And provided also, That he did not voluntarily abandon said original entry: And provided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secretary of the Interior, then all such unclaimed lands shall be disposed of 204 uatthewb's guide. under the public land laws, with priority "f right given to bona fide purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bona fide settlers residing thereon.'' This Bection does aot embrace any land- that have been certified or patented to the company. but has refi rence solely to lands, the right and claim to which has heretofore been adjudicated in favor of the company as against the right of 8 settlor upon said land-', and which arc -till under the control and jurisdic- tion of the Department The object and purpose >>{ this section is to correct all decisions made by the Department or the< ieneral hand < mice where it shall appear in the examination of any land grant heretofore unadjusted that the homestead or pre-emption entry ofa bonafide -ettler was erroneously canceled. In such a case a final decision of a former or the present Secretary is not only no longer a bar to the further consideration of the question to be decided, but it i- made the duty of the Secretary to readjudicate the case, notwithstanding the former decision, whenever it appears that the pre-emption or homestead entry of any bonafide settler has been erroneously canceled on account of any' railroad grant or of withdrawal of public lands from market. In the adjustment of every grant to aid in the construction of railroads you will make report upon all pre-emption ami homestead entries of bonafide set- tlers that may in your judgment appear from the record- of your office to hav been erroneously canceled either because the land is within the limit- of the railroad grant or because it has been withdrawn for indemnity purposes for -aid road, provided the right to the tract has been decided in favor of the com- pany, and forward said report to the Department for consideration and action thereon, stating fully and specifically as to each particular tract, the grounds upon which you may determine that said pre-emption and homestead entries were erroneously canceled, and the right to the land erroneously decided in favor of the company : and upon lil in^ said report you shall cause notice thereof to be given to both parties advising them that said case will be held by this Di - partment for thirty days before action, during which time they can make such showing as they may desire. If in each report you should determine that the pre-emption or homestead entry of any bona fide f-ettler has been erroneously canceled and the right to the land adjudged in favor of the railroad and your decision thereon shall be Sustained by the Department, after due notice the land will then be subject to disposal as provided for in said section; that is, the settler whose entry was erroneously canceled will be notified of his right to make application to be reinstated in all his rights, and if such settler shall make such application within a reasonable time, to be fixed by the Secretary of the Interior in such notie.\ he shall be reinstated in all 'his rights: Provided, That he shows affirmatively that he has not located another claim or made an entry in lieu of the one BO erroneously canceled. and that he did not voluntarily abandon said original entry. If said settler should fail to make application within the time required, and to show that he has not located another claim or made an entry in lieu of the one so erroneously canceled, and that he did not voluntarily abandon said original entry, then all Bucb unclaimed lands shall be disposed <>i under the public land laws, with priority of right to bona fidt purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bonafide sbttlers residing thereon. The bona fide purchasers here referred to are I who, without knowledge of wrong or error, have purchased from the railroad company lands which had been previously entered by the pre-emption or homestead settler, whose entry has been erroneously canceled as described in the first clause of the third section, and which land the pre-emption or home- stead settler did not ei, ( -t to claim a tier recovery by the proceedings prescribed by the second Bection of the act. A- to the land- which have been erroneously certified or patented to the com- pany (being the land- referred to in the Beoond Bection), the fourth section or the act provides for the disposal of such of those lands as may have been sold by the company to citizen- of the United States or persons who hav d< clared their intention to become such citizens; upon the following conditions : MATTHEWS'S GUIDE. 205 After said lands shall have been reconveyed to the Government, or the title t< ► the same recovered, the class of persons above referred to so purchasing in pood faith, their heirs or assignees, shall be entitled to the land so purchased upon maiding proof of such purchase at the proper land office within such time and under such rules as may be prescribed by the Secretary of the interior, after the grants respectively shall have been adjusted, and patent shall issue to such persons which shall relate back to the original certification or patenting. The section then provides that the Secretary of the Interior shall demand of the company payment for said lands of an amount equal to the Government price of similar lands, and in case of the neglect or refusal of the company to make payment thereof within ninety days after demand, the Attorney-* ieneral shall cause suits to be brought against the company for said amount. Under the act the purchaser of such lands from the company may recover from the company the purchase-money paid by him less the amount paid by the company to the United States. A mortgage or pledge of said lands by the company is not a sale within the meaning of the act. The object of this section is to confirm to the purchaser the title to the hinds therein referred to upon making proof of such purchase, and that the purchaser has the qualifications required by the act without requiring of the purchaser any further payment to the Governmnet of the purchase price of said land. The fifth section of said act reads as follows : That where any said company shall have sold to citizens of the United States, or to persons who have declared their intention to become such citizens, as a part of its grant, lands not conveyed to or for the use of such company, said lands being the numbered sections prescribed in the grant, and being cotermi- nous with the constructed parts of said road, and where the lands so sold are lor any reason excepted from the operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said company to make payment to the United States for said lands at the ordinary Government price Tor like lands, and thereupon patents shall issue therefor to the said bona fide purchaser, his heirs or assigns : Provided, That all lands shall be excepted from the provisions of this section which at the date of such sales were in the bona fide occupation of the adverse claimants under the pre-emption or homestead laws of the United States, and wdiose claims and occupation have since been voluntarily abandoned, as to which excepted lands the said pre-emption and homestead claimants shall be permitted to perfect their proofs and entries and to receive patent therefor; Provided further, That this section shall not apply to lands settled upon subsequent to the first day of December, 1882, by persons claiming to enter the same under the settlement laws of the United States, as to which lands the parties claiming the same as aforesaid shall be entitled to prove up and enter as in other like cases. Under this section, wdien the company has sold to citizens of the United States or persons who have declared their intention to become such citizens, the numbered sections prescribed in the grant and coterminous with tin' con- structed portions of the road, within either the granted or indemnity limits, and which upon the adjustment of the grant are shown to be excepted from the operation of the grant, it shall Ik; lawful for such purchasers (if their pur- chases are bona fide) to purchase said land from the Government by payment of the Goverment price for like lands, unless said lands were at the; date of purchase in the bona fide occupation of adverse claimants under the pre-emp- tion or homestead laws, in which case the pre-emptor or homestead claimant may be permitted to perfect his proof unless he has since voluntarily aban- doned the land. Under the last proviso of said section, however, if a settlement was made on said lands subsequent to December 1, 1882, by persons claiming the same under the settlement laws of the United States, it will defeat the right of the pur- chaser whether said purchase was made prior to or subsequent to December 1, 1882, and the settler will be allowed to prove up for said lands as in other like cases. MATTHEWS'fi -.1 IDE. The sixth section provides that when any such lands have been sold and conveyed as the property of the company lor State and county taxes, and the -rant to the company lias been thereafter forfeited, the purchaser at such sale shall have the preference right for one year from the date of the act in which to purchase said lands from the United States by paying the Government price for said lands, provided said lands were not previous to or at the time of the taking effect ot such -rant in the possession of or subject to the ri^ht of an actual pettier. The seventh section provides: "That no more lands shall be certified or conveyed to any State or to any corporation or individual, for the benefit of either of the companies herein mentioned, where it shall appear to the Secretary of the Interior that such transfers may create an excess over the quantity of lands to which such State, corporation, "or individual would be rightfully entitled." RULES OF PRACTICE IN CASES BEFORE Til UNITED STATES DISTRICT LAND OFFICES, THE GENERAL LAND OFFICE, AND THE DEPARTMENT OF THE INTERIOR. Approved August 13, 1885, to Take Effect September 1, 1885. RULES OF PRACTICE IN CASES BEFORE THE "UNITED STATES DISTRICT LAND OFFICES, THE GENERAL LAND OFFICE, AND THE DEPARTMENT OF THE INTERIOR. Approved August 13, 1885, to Take Effect September 1, 1885* I. PROCEEDINGS BEFORE REGISTERS AND RECEIVERS. 1 . — Initiation of contests. Rule 1. Contest maybe initiated by an adverse party or other person against a party to an entry, filing, or other claim under laws of Congress relating to the public lands, for any sufficient cause affecting the legality or validity of the claim. See Nos. 879, 882, 1092* Rule 2. In every case of application for a hearing an affidavit must be filed by the contestant with the register and receiver, fully setting forth the facts which constitute the grounds of contest. See Nos. 313, 321, 328, 342 11 "8 1888. Rule 3. Where an entry has been allowed and remains of record the affida- vit of the contestant must be accompanied by the affidavits of one or more wit- nesses in support of the allegations made. See Nos. 313, 321, 328, 342, 887 1128 1857,1888. ' ' ' . 2. — Hearing in contested cases. Rule 4. Registers and receivers may order hearings in all cases wherein entry has not been perfected and no certificate has been issued as a basis for patent See Nos. 850, 879, 883. Rule 5. In case of an entry or location on which final certificate has been issued the hearing will be ordered only by direction of the Commissioner of the General Land Office. See Nos. 887, 1071. Rule 6. Applications for hearings under Rule 5 must be transmitted by the register and receiver, with special report and recommendation, to the Commis- sioner for his determination and instructions. See Nos. 313, 580, 887. S. — Notice of contest. Rule 7. At least thirty days' notice shall be given of all hearings before the register and receiver unless by written consent an earlier day shall be agreed upon. See Nos. 540, 739, 869, 887. ♦The numbers given after the Rules refer to numbers of decisions In Matthews &. Con- way's Digest. 210 M.vrnihws's guide. RuleS. The notice of contest and hearing must conform to the following re- quirements : 1. It must he written or printed. 2. It must be signed by tn i rcgist srand receiver, or by one of them. ::. [t most statothe timo and place of bearing. i. It must describe the land involved. ."). It nm-t stats the r gister and receiver's number <>f the entry and the land office where, and the date when, made, and the name of the party making the same. 6. It musl give the name of the contestant, and briefly otate the grounds and j. .i' pose of the contest. 7. It m iv contain any other information pertinent to the contest See Nos. 857,869, 1001. 4. — Service of notice. Rule 0. Personal service shall be made in all ca ?es when possible if the party to be serve 1 i - resident in the state or Territory in which the land i- situated,, and shall consist in the delivery of a copy of the notice to each person to bo served. See numbers 368, 523, 539, 854, 869, 1661, 1915, 1987. Ri lb 16. Personal service may be executed by any officer or person. See No 869. Rule 11. Notice maybe given by publication alone only when it is shown by affidavit of the Contestant, and by Buch other evidence as the register and receiver may require, that due diligence has been used and that personal ser- vice cannot be made. The party will be required to state what effort has I made to get personal service. See Nos. 187, 291, 368, 539, 854,869, '.)i>3, 1888, 1915, 1929, 1987. Role 12. When it is found that the prescribed service cannot b • had, either personal or by publication, in time for the hearing provide 1 for in the notice, the notice may be returned prior to the time fixed for the hearing, and a new notice issued fixing another time of hearing, for the proper service thereof, an affidavit being filed by the contestant showing due diligence and inability to serve the notice in time. Sea Nos. 801), 963. 6. — Notice b]i publication. Rule 13. Notice by publication shall be made by advertising the notice at least once a week for four successive weeks in some newspaper published in the county wherein the land in contest lies; and if no new-pip r he. published in such county, then in the newspaper published in the countj nearest to such land. The first insertion shall lie at least thirty days prior to the day Gxed for the hearing. See act of June 3, 1S7S, 29 U. S. stats., p. 91, and Nos. 963, 1908, I'd J. Kii.i: 14. Whore notice is given by publication, a copy of the noti < shall be mailed by registered letter to the last known address of each person to lie noti- fied thirty days before date of bearing, and a like copy shall he posted in the register's office during the period of publication, and also in a conspicuous plan ■on the land, for at least two week- prior to tin; day set for the hearing. St* No*. 121, H.V4, Su<), 968, 188S, 1912, I'M."., L>003. 6. — Proof of service of notice. BULK 15. Proof of personal service shall l>c the written acknowledgment of the person served or the affidavit of the person who served the notice attached thereto, stating the time, place, and manner of service. See Nos. !'.','.>. .S5:i, !it^5. RULB Hi. When service is by publication, the proof of service shall he aeopy -of the advertisement, with the affidavit of the publisher or foreman attached thereto, showing that the same was successively inserted the requisite num- ber of times, and the date thereof. See Nos. 7U!>, 8<>9. MATTHEWS'S GUIDE. 211 7. — Notice of interlocutory proceedings. Rule 17. Notice of interlocutory motions, proceedings, orders, and decisions -shall be in writing, and may be served personally or by registered letter, through the mail to the last known address of the party. See Nos. 78,121. •G22, 1031, 1972. Rule 18. Proof of service by mail shall be the affidavit of the person who mailed the notice, attached to the post office receipt for the registered letter. 8. — Rehearings. Rule 19. Orders for rehearing must be brought to the notice of the parties in the sainc manner as in case of original proceedings. 9. — Continuances. Rule 20. A postponement of a hearing to a day to be fixed by the register and receiver may be allowed on the day of trial on account of the absence of material witnesses, when the party asking for the continuance makes an affi- davit before the register and receiver showing — 1. That one or more of the witnesses in his behalf is absent without his procurement or consent ; 2. The name and residence of each witness ; 3. The fact3 to which they would testify if present; 4. The materiality of the evidence ; 5. The exercise of proper diligence to procure the attendance of the absent •witnesses ; and G. That affiant believes said witnesses can be had at the time to which it is sought to have the trial postponed ; 7. Where hearings are ordered by the Commissioner of the General Land Office in cases to wh ich the United States is a party, continuances will be granted in accordance with the usual practice in United States cases in the courts, without requiring an affidavit on the part of the Government. See Nos. 471. 508, 832, 853, 931, 952, 1001, 1950, 1996. Rule 21. One continuance only shall be allowed to either party on account of absent witnesses, unless the party applying for a further continuance shall at the same time apply for an order to take the depositions of the alleged absent witnesses. Rule 22. No continuance shall be granted when the opposite party shall ad- mit that the witnesses would, if present, testify to the statement set out in the application for continuance. See Nos. 422, 471, 508, 931, 1950. 10. — Depositions on interrogatories. Rule 23. Testimony may be taken by deposition in the following cases : 1. Where the witness is unable, from age, infirmity, or sickness, or shall re- fuse to attend the hearing at the local land office. 2. Where the witness resides more than fifty miles from the place of trial, ■computing distance by the usually traveled route. 3. Where the witness resides out of or is about to leave the State or Terri- tory, or is absent therefrom. 4. Where from any cause it is apprehended that the witness may be unable ■or will refuse to attend, in which case the deposition will be used only in event that the personal attendance of the witness cannot be obtained. See Nos. 931, 1911. Rule 24. The party desiring to take a deposition under Rule 23 must comply with the following regulations : 1. He must make affidavit before the register or receiver, setting forth one or more of the above named causes for taking such deposition, and that the witness is material. MATTHBWB'fl '.tide. 2. I Ie must file with the register and receiver the interrogatories to be propoun- ded to the witn 3. Il< must state the name and residence of the witness. 4. Be must serve a copy of the interrogatories on the opposing party or his attorney. See Woe. 508, 981, 1911. e25. The opposing party will be allowed ten -lays in which to file cross- int< rrogatories. Ki i :: 2 (J. Aiter the expiration of the ten days allowed for filing cross-inter- rogatori - a commission to take the deposition shall be issued by the register and reo Lver, which commission shall be accompanied by a copy of all the in- t irrogatories filed. Rous 27. The register and receiver may designate any officer authorized to administer oaths within the county or "district where the witness resides to take Buch deposition. Rule 28. It is the duty of the officer before whom the deposition is taken to cause the intsrrogatories appended to t lie commission to be written out and tin- answers thereto to be inserted immediately underneath the respective ques- tions, and the whole, when completed, is to be read over to the witness, and must be by him subscribed and sworn to in the usual manner before the wit- ness is discharged. Rule 29. The officer must attach Ids certificate to the deposition, stating that the same was subscribed and sworn to by the deponent at the time and place therein mentioned. Rule 30. The deposition and certificate, together with the commission and intern gatories, must then be sealed up, the title of the cause endorsed on the envelope, and the whole returned by mail or express to the register and re^ cciver. Rule 81. Upon receipt of the package at the local land office, the date when the same is opened must be endorsed on the envelope and body of the deposi- tion 1>\- the local land officers. Rule 82. If the officer designated to take the deposition has no official seal, a proper certificate of his official character, under seal, must accompany his return. Ruu: o3. The parties in any case may stipulate in writing to take depositions before any qualified officer, and in any manner. Ruu::;i. All stipulations by parties or counsel must be in writing, and be filed with the register and receiver. • 11. — Oral testimony before otfier officers than registers and receivers. Rulk 35. In the discretion of registers and receivers testimony may be taken near the land in controversy before a United States commissioner or other officer authorized to administer oaths, at a time and place to be fixed bv them and stated in the notice of hearing. See Nos. 523, 540, 864, 879, 8S3, 888, 898, 1910. 2. Officers taking testimony under the foregoing rule will be governed by the rule* applicable to trials before registers and receivers. (See Rules 36 to 42 in- clusive.) Bee No. 904. 3. Testimony so taken must be certified to, sealed up, and transmitted by mail or i x ;.nss to the register and receiver, and the receipt thereof at the local office noted on the papers, in the same manner as- provided in case of deposi- tion-- by hubs 29 to 32 inclusive. 4. On the day set for hearing at the local office the register and receiver will examine the testimony taken by the officer designated, and render a de- □ then on in the same manner as if the testimony had been taken before themselvi B. (See Rules 50 to 63 inclusive.) See No. 892. •") No charge for examining testimony in such cases will be made by the reg- ister and receiver. 6. Officers designated to take testimony under this rule will beallowedto charge such fees as are properly authorized by the tariff of fees existing in the MATTHEWS'S GUIDE. 213 local courts of their respective districts, to be taxed in the same or equivalent manner as costs are taxed by registers and receivers under rules 54 to 58 inclu- sive. 7. When an officer designated to take testimony under this rule, or when an officer designated to take depositions under Rule 27, cannot act on the day fixed for taking the testimony or deposition, the testimony or deposition, as the case may be, will be deemed properly taken before any other qualified officer, at the same time and place, who may be authorized by the officer originally desig- nated, or by agreement of parties, to act in the place of the officer first named. 12.— Trials. Rule 36. Upon the trial of a cause the register and receiver may in anv case, and should in all cases when necessary, personally direct the examination of the witnesses, in order to draw from them all the facts within their knowledge requisite to a correct conclusion by the officers upon any point connected with the case. Rule 37. The register and receiver will be careful to reach, if possible, the exact condition and status of the land involved by any contest, and will ascer- tain all the facts having any bearing upon the rights of parties in interest. See No. 2094. Rule 38. In pre-emption cases they will particularly ascertain the nature, extent, and value of alleged improvements; by whom made, and when; the true date of the settlement of persons claiming ; the steps taken to mark and secure the claim, and the exact status of the land at that date as shown upon the records of their office. See No. 2094. Rule 39. In like manner, under the homestead and other laws, the condi- tions affecting the inception of the alleged right, as well as the subsequent acts of the respective claimants, must be fully and specifically examined. Rule 40. Due opportunity will be allowed opposing claimants to confront and cross-examine the witnesses introduced by either party. Rule 41. No testimony will be excluded from the record by the register and receiver on the ground of any objection thereto ; but when objection is made to testimony offered, the exceptions will be noted, and the testimony, with the exceptions, will come up with the case for the consideration of the Commis- sioner. Officers taking testimony will, however, summarily put a stop to ob- viously irrelevant questioning. See Nos. 853, 1080, 1950. Rule 42. Upon the day originally set for hearing, and upon any day to which the trial may be continued, the testimony of all the witnesses present shall be taken and reduced to writing. When testimony is taken in short-hand, the steno- grapher's notes must be written out, and the written testimony then and there subscribed bv the witness and attested by the officer before whom the same is taken. See Nos. 540, 1080. IS — Appeals. Rule 43. Appeals from the final action or decisions of registers and re- ceivers lie in every case to the Commissioner of the General Land Office. (Revised Statutes, sections 453, 2478.) See No. 794. Rule 44. After a hearing in a contested case has been had and closed the register and receiver will, in writing, notify the parties in interest of the con- clusions to which they have arrived, and that thirty days are allowed for an appeal from their decision to the Commissioner, the notice to be served person- ally or by registered letter through 'the mail to their last known address. See Nos. 78, 86, 121, 527 ,580, 819, 892, 962,1057, 1061, 1183, 1454, 1802. Rule 45. The appeal must be in writing or in print, and should set forth in brief and clear terms the specific points of exception to the ruling appealed from. See Xo. 1057. Rule 46. Notice of appeal and copy of specification of errors shall be served •on appellee within the time allowed for appeal, and appellee shall be al- lowed ten davs for reply before transmittal of the record to the General Land ■Office. See Nos. 28, 527, 580, 1183. 2 I l mattjte\vs's GUIDE, l:i 1 1: -17. N<> appeal from the action or decisions of the register and receiver will be received al the < teneral Land Office unless forwarded through the local officers. Kt i.i: 48. In case of a failure to appeal from the decision of tin- local officers, their decision will be considered final as to tin' facts in the case, un(). All documents once received by the Ideal officers must be kept on file with the cases, and the date of filing must be noted thereon ; and no papers will lie allowed under anv circumstance- to be removed from the files or taken from the custody of the register and receiver, hut access to the same, under proper rales, so a^ not to interfere with necessary public business, will be per- mitted to the parties in interest, or their attorneys, under the supervision of those otliccrs. Bee No. 28. 14. — Reports and opinion*. Rule 51. Upon the termination of a contest the register and receiver will renders joint report and opinion in the case, making full and specific 1 ence to tin- postings and annotations upon their records. Bee Nos. 527, 892 1004, 1006, 1915, L932. RULB 52. The register and receiver will promptly forward their report, together with the testimonyand all the papers in the case, to the Commissioner of the General Land Office, with a brief letter of transmittal, describing the case by its title, the nature of the contest, and the tract involved. See Nos. i:J0, 527, 876, 1932, 1983. Rule 53. The local officers will thereafter take no further action affecting the disp >-al of the land in contest until instructed by the Commissioner. .See Nos. 303, 305, 430, 527, 1004, 1846, 1820, 1983, 2118. 15. — Taxation of costs. Rule 54. Parties contesting pre-emption, homestead, or timber-culture entries and claiming preference rights of entry under the second section of the act of May 14. 1880 i.-l Stat., 140). must pay the costs of contest Bee No. 422. Rule 55. In other conte ted ease- each party must pay the costs of taking testimony upon his own direct and cross-examination. R| 1 56. The accumulation of excessive cost- under rule 51 will not be per- mitted ; but where the officer taking testimony shall rule that a course of ex- amination is irrelevant, and check the same nnder rule 41, he may, neverthe- less, in his discretion, allow the same to proceed at the sole cost of the party making BUch examination. Rule 57. Where parties contesting pre-emption, hom< Btead, or timber-culture entries establish their right of entry under the pre-emption or homestead laws of the land in contest by virtue of actual settlement and improvement, \\ ithout reference to the act of .May 1 1, 1880, the cost of contest will be adjudged under Rule 66. I: 1.1: 58, Registers and receivers will apportion the costs of contest in accor- dance with the foregoing rales, and may require the party liable thereto to «ive ity in advance of trial, by depositor otherwise, in a" reasonable sum or sum-. I >r p lyment of the costs of transcribing the testimony. S| c No. 931. l; 1 :59, The costs of < test chargeable by registers and receivers are the lopal fees for redncing testimony to writing. No other contest lees or ooBtl will be allowed to or charged bj those officers directly or indirectly. MATTHEWS's GUIDE. 215 Rule 60. Contestants must give their own notices and pay the expenses thereof. Rule 61. Upon the termination of a trial, any excess in the sum deposited as security for the costs of transcribing the testimony will be returned to the proper party. Rule 02. When hearings are ordered by the Commissioner or bv the Secre- tary of the Interior, upon the discovery of reasons for suspension in the usual course of examination of entries, the preliminary costs will be provided from the contingent fund for the expenses of local land offices. Rule (jo. The preliminary costs provided for by the preceding section will be collected by the register and receiver when the parties are brought before them in obedience to the order of hearing. Rule 64. The register and receiver will then require proper provision to be made for such further notification as may become necessary in the usual pro- gress of the case to final decision. Rule 65. The register and receiver will append to their report in each case a statement of costs and the amount actually paid by each of the contestants, and also a statement of the amount deposited to secure the payment of the costs, how said sum was apportioned, and the amount returned, if any, and to whom. 16. — Aj)peals from declslcms rejecting applications to enter public lands. Rule 66. For the purpose of enabling appeals to be taken from the rulings or action of the local officers relative to applications to file upon, enter, or locate the public lands, the following rides will be observed: 1. The register and receiver will endorse upon every rejected application the date when presented and their reasons for rejecting it. 2. They will promptly advise the party in interest of their action and of his right of appeal to the Commissioner. 3. They will note upon their records a memorandum of the transaction. See Nos. 427, 688, 881. 1808. Rule 67. The party aggrieved will be allowed thirty davs from receipt of notice in which to file his appeal in the local land office. Where the notice is 6ent by mail, five days additional will be allowed for the transaction of no- tice and five for the return of the appeal. See No. 1808. Rule 68. The register and receiver will promptly forward the appeal to tho General Land Offie, together with a full report upon the case. See Nos. 881, 1808. Rule 00. This report should recite all the facts and the proceedings had, and must embrace the following particulars: 1. A statement of the application and rejection, with the reasons for the re- jection. 2. A description of the tract involved and a statement of its status, as shown by the records of the local land office. 3. References to all entries, filings, annotations, memoranda, and correspon- dence shown by the record relating to said tract and to the proceedings had. See No. 1808. Rule 70. Rules 43 to 48, inclusive, and Rule 93 are applicable to all appeals from decisions of registers and receivers. [Ride 70 of Practice, was amended October 26, 1S85, to read as follows : '* Rule 70, Rules 43 and 48. inclusive, and Rule 03 are not applicable to appeals from decisions rejecting applications to enter public lands."] II. PROCEEDINGS BEFORE SURVEYORS-GENERAL. Rule 71. Tho proceedings in hearings and contests before surveyors-general shall, as to notices, depositions, and other matters, be governed as nearly 216 M.\ I FHEWS'8 GUIDE. as may be by the rule- prescribed for proceedings before registers receivers, onleee otherwise provided by law. Bee No, 877. III. and PROCEEDINGS BEFOUL TIIK COMMISSIONER OF THE GENERAL LAND OFFICII AND SKCRETARY OF THE INTERIOR. 1. — Examination and argument. Rile 72. When a contest ha? been closed before the local land officers and their report forwarded to the< reneral Land Otlice, no additional evidence will be admitted in the case, anlese offered under stipulation of the parties to the rec- ord, except where such evidence is presented as the basis of a motion for a new trial or in support of a mineral application or protest ; but this rule will not prevent the Commissioner, in the exercise of hie discretion, from ordering further investigation when necessary. Sec Nos. 594, 950, 1223. Kii.i: 73. Alter the Commissioner shall have received :i record of testimony in a contested case, thirty days will be allowed to expire before any action thereon is taken, unless, in the judgment of the Commissioner, public policy or private necessity shall demand summary action, in which case he will pro- ceed at his discretion, first notifying the attorneys of record of his proposed action. Rule 74. When a case is pending on appeal from the decision of the register and receiver or surveyor-general, and argument is not filed before the same is reached in its order for examination, the argument will be considered closed, and thereafter no further arguments or motion- of any kind willbe entertained exci ] >t upon written stipulation duly filed or good cause shown to the Commis- sioner. Rule 75. If before decision by the Commissioner either party should desire to discuss a case orally, reasonable opportunity therefor will be given in the discretion of the Commissioner, but only at a time to be fixed by him upon notice to the opposing counsel-, stating time and specific points upon which discussion is desired ; and. except as herein provided, no oral hearings or sug- gestions will be allowed. 2. — Rehearing and review. Rule 76. Motions for rehearing before registers and receivers, or for review or reconsideration of the decisions of the Commissioner or Secretary, will be allowed, in accordance with legal principles applicable to motions for new trials at law, after due notice to the opposing party. See Nos. 475, 849, 927, 9S0, 1003, 1005, 1007, 1215, 1296, 140S, 1512, 1681, 1994, 2001. Rule 77. Motions for rehearing and review, except as provided in Rule 114, must be filed in the office wherein the decision to be affected by such rehear- ing or review was made or in the local land office, for transmittal to the Gen- eral Land Office; and, except when based upon newly-discovered evidence, must be fded within thirty days from notice of such decision. See Nos. 413, 466, 75:,, 922, ''27, 1494, 1730, 1864. Rule 78. Motions for rehearing and review must be accompanied by an affi- davit of the party, or his attorney, that the motion is made in good faith, and not for the purpose of delay. See Nos. 1296, 1494. Rule 79. The time between the filing of a motion for rehearing or review and the notice of the decision upon such motion shall be excluded in comput- ing the time allowed for appeal. See No. 466. Rots 80. No officer shall entertain a motion in a case, after an appeal from his decision has been taken. See No. 4(16. S. — Appeals from (he Comjnissioner to the Secretary. Rule 81. An appeal may be taken from the decision of the Commissioner of the General Land Office to the Secretary of the Interior upon any question re- MATTHEWS'S GUIDE. 217 lating to the disposal of the public lands and to private land claims, except in case of interlocutory orders and decisions and orders for hearing or other mat- ters resting in the discretion of the Commissioner. Decisions and orders form- ing the above exception will be noted in the record, and will be considered by the Secretary on review in case an appeal upon the merits be finally allowed. [Rule 81 of Practice was amended December 8, 1885, to read as follows : •' No appeal shall be had from the action of the Commissioner of the General Land Office affirming the decision of the local officers in any case when; the party or parties adversely affected thereby shall have failed, after due notice, to appeal from such decision of said local officers. ''Subject to this provision an appeal may be taken from the decision of the Commissioner of the General Land Office to the Secretary of the Interior upon any question relating to the disposal of the public lands and to private land claims, except in case of interlocutory orders and decisions and orders for hear- ing or other matter resting in the discretion of the Commissioner. Decisions and orders forming the above exception will be noted in the record, and will be considered by the Secretary on review in case an appeal upon the merits be finally allowed." See Nos. 36, 770, 77G, 950, 956, 966, 998, 1003a, 1009, 1010, 1011, 1013, 1194. Rule 82. When the Commissioner considers an appeal defective, he will notify the party of the defect, and if not amended within fifteen days from the date of the service of such notice the appeal may be dismissed by the Secretary of the Interior and the case closed. See Nos. 548, 760, 938, 946, 954, 988, 1014, 1194, 1744. Rule 83. In proceedings before the Commissioner, in which he shall formally decide that a party has no right of appeal to the Secretary, the party against whom such decision is rendered may apply to the Secretary for an order direct- ing the Commissioner to certify said proceedings to the Secretary and suspend further action until the Secretary shall pass upon the same. See Nos. 544, 685, 692, 696, 700, 776,794, 950, 967, 988, 1009, 1010, 1011, 1013, 1014, 1194, 1290, 1298, 1517, 1734. Rule 84. Applications to the Secretary under the preceding rule shall be made in writing, under oath, and shall fully and specifically set forth the grounds upon which the application is made. See Nos. 398, 544, 685, 700, 719, 776, 794, 861, 950, 967, 988, 1009, 1010,.1011, 1013, 1014, 1194, 1296, 1298, 1517, 1734. Rule 85. When the Commissioner shall formally decide against the right of an appeal, he shall suspend action on the case at issue for twenty days from service of notice of his decision, to enable the party against whom the decision is rendered to apply to the Secretary for an order, in accordance with Rules 83 and 84. See Nos. 794, 988, 1194. Rule 86. Notice of an appeal from the Commissioner's decision must be filed in the General Land Office and served on the appellee or his counsel within sixty days from the date of the service of notice of such decision. See Nos. 724, 877, 886, 033, 946, 960, 987, 1006. 1008, 1022, 1072, 1307, 1734. Rule 87. When notice of the decision is given through the mails by the reg- ister and receiver or the surveyor-general, five days additional will be allowed by those officers for the transmission of the letter and five days for the return of the appeal through the same channel before reporting to the General Land Office. See Nos. 886, 1008, 1940, 2123. Rule 88. Within the time allowed for givng notice of appeal the appellant shall also file in the General Land Office a specification of errors, which speci- fication shall clearly and concisely designate the errors of which he complains. See Nos. 723, 848, 938, 946, 951, 953, 1008, 1014. Rule 89. He may also, within the same time, file a written argument, with citation of authorities, in support of his appeal. See No. 1008. Rule 90. A failure to file a specification of errors within the time required will be treated as a waiver of the right of appeal, and the case will be consid- ered closed. See Nos. 966,946, 951,953, 1008, 1014. , Rule 91. The appellee shall be allowed thirty days from the expiration of the sixty days allowed for appeal in which to file his argument. See No. 1008. 2 I 3 MATTHEWS'S OUIDB. Rule 92. Tin- appellant shall be allowed thirty days from aervice of arnoMaot of appellee in which to file argument strictly in reply, and no other or farther arguments or motions of any Kind sliall be filed without the permission of the lissioner or Secretary and notice to the opposite party. See No. 598. Rule 93. A copy of the notice of appeal, specification of errors, and all aents of cither party, shall be Berveu <>n the opposite party within the time allowed fur Qling the b ime. Bee Nos. 880, o,3f, 887, 1070, 1888, '-Ml':;. l; le94. Bach service shall be made personally or by registered letter. See n ». 847, 880,987, 2123. Rule 93. Proof of personal Bervice shall be the written acknowledgment of the party served <>r the affidavit of the person making the service attached to the papers served, and stating time, place, and manner of service. See Nos. 847, ■ 87. 1: i.eOG. Proof of service by registered letter shall be the affidavit of the person mailing the letter attache'! to a copy of the post office receipt. See Nos. S47, 880, 987. RULE !>7. Fifteen days, exclusive of the day of stalling, will be allowed for the tran -mis-ion of notice.-; and piper.- by mail, except In ease of notice to resi- dent attorneys, when one day will be allowed. See No. 940. RULE 98. notice of interlocutory motions and proceedings before the Com- missioner and Secretary shall 1)2 served personally or by registered letter, and service proved as provided in Rales 04 and !)<}. Rule 99. No motion affecting the merits of the case or the regular order of pro- ceedings will be entertained except on due proof of service of notice. Sec Nos. 880, 927. Rule 100. Ex parte cases and cases in which the adverse party does not appear will bo governed by the foregoing rales as to notices of decisions, time for appeal, and Qling of exceptions and arguments, as far as applicable. In such cases, however, the right to Qle additional evidence at any stage of the proceed- ings to cure defects in the proof or record will be allowed. Rule 101. No p srson hereafter appearing as a party or attorney in any ease shall be entitli d to a notice of the proceedings who noes not at the time of his appearance Qle in the office in which the case is pendinga statement in writing, giving his name and post office address and the name of the party whom ho represents ; nor shall any person who has heretofore appeared in a caso be en- titl •! to a notice unless within fifteen days after being requested to file such statement be sliall comply with said requirement. Rule 102. No p mon not a party to the record shall intervene in a case with- out first disclosing on oath the nature of his interest. .See Nos. 880, 1294, Rule lo:;. When the Commissioner makes an order or decision affecting the merits of a case or the regular order of proceedings therein he will cause notice to be given to each party in interest whose address is known. See No. 1517. 4. — Attornajs. RULE 104. In all cases, contested or ex parte, where the parties in interest are reprcsente 1 by attorneys, such attorneys will be recognized as fully controlling the cases of their respective clients. See No-. 47">, 490, 1000. Rl i a: 105. All notices will be served upon the attorneys of record. See Nos. 475,470,087, 1900. Rule 100. Notice to one attorney in a case shall constitute notice to all coun- sel appearing for the party represented by him, and notice to the attorney will be deemed notice to the party in interest. Sec Nos. 47"), 470, 1451, 1793, 1909. Rule 107. All attorneys practicing before the General band Officeand De- partment of the interior must first liL the oath of oiliec prescribed by section 3478 U. s. Revised Statute* Rule 108. in the examination of any case, whether contested or tx parte, and for the preparation of arguments, the attorneys employed, when in good stand- ing in the Department, will he allowed full opportunity to consult the record of the case and to examine the abstracts, plats, field-notes, and tract-books, and MATCH EWs'fl GUIDE. 219' the correspondence of the General Land Office or of the Department relative thereto, and to make verbal inquiries of the various chiefs of divisions at their respective desks in respect to the papers or status of paid case; but such per- gonal inquiries will be made of no other clerk in the division except in the presence or with the consent of the head thereof, and will bo restricted to the hours between 11a. m. and 2 p. m. [Rule 108 of Practice was amended January 11, 1883, to read as follows: "In the examination of any case, whether contested or ex parte, the attorneys em- ployed in said case, when in good standing in the Department, for the prepa- ration of arguments, will be allowed full opportunity to consult the records of the case, the abstracts, field-notes, and tract-books, and the correspondence of the General Land Office or of the Department not deemed privileged and con- fidential; and whenever, in the judgment of the Commissioner,^ would not jeopardize any public or official interest, may make verbal inquiries of chiefs of divisions at their respective desks in respect to the papers or status of said case ; but such inquiries will not be made to said chiefs or other clerks of divis- ions except upon consent of the Commissioner, Assistant Commissioner, or chief clerk, and will be restricted to hours between 11 a. m. and 2 p. m."] See No. 979. Rule 109. Any attorney detected in any abuse of the above privileges or of gross misconduct, upon satisfactory proof thereof, after due notice and hear- ing, shall be prohibited from further practicing before the Department. Rulb 110. Should either party desire to discuss a case orally before the Secre- tary opportunity will be afforded at the discretion of the Department, but only at a time specified by the Secretary or fixed by stipulation of the parties, with the consent of the Secretary ; and in the absence of such stipulation or written notice to opposing counsel,"with like consent, specifying the time when argu- ment will be heard. See No. 17:'>0. Rule 111. The examination of cases on appeal to the Commissioner or Sec- retary will be facilitated by filing in printed form such arguments as it is de- sired to have considered. 5. — Decisions. Rule 112. Decisions of the Commissioner not appealed from within the period prescribed become final, and the case will be regularly closed. See Nos. 010, 982, 1341. , B , Rule 113. The decision of the Secretary, so far as respects the action of the Executive, is final. . Rule 114. Motions for review before the Secretary of the Interior and appli- cations under Rules 83 and 81 shall be filed with the Commissioner of the Gen- eral Lmd Office, who will thereupon suspend action under the decision sought to be reviewed and forward to the Secretary such motion or application. [Rule 144 of Practice was amended March 27, 1880, to read as follows: "Mo- tions for a review of decisions of the Secretary should be filed with the Secre- tary, who may, in his discretion, suspend action on the decision sought to be reviewed until such motion shall be decided. The amendment, approved March 27, 188G, to Rule 114 of Practice, to wit : " Motions for a review of decisions of the Secretary should be filed with the Secretary, who may, in his discretion, suspend action on the decision sought to be reviewed until such motion shall be decided," was revoked June 14, 1888, and Rule 114 of Practice again put in force as approved August 13, 188"), to wit: "Motions for review before the Secretary of the Interior, and applications under Rules 83 and 84. shall be filed with the Commissioner of the Land Office, who will thereupon suspend action nnder the decision sought to be reviewed, and forward to the Secretary such motion or application."] See Nos. 770, 934, 905, 1517. None of the foregoing rules shall be construed to deprive the Secretary of the Interior of the exercise of the directory and supervisory powers conferred upon him law. See Nos. 901, 973. INDEX. Page Alabama — agricultural statistics of 2,3 area of vii, viii, 1 climate of. 1 coal fields of, three great, area and capacity of. 2 derivation of name of ] division of, into belts 1,2 elections in 3,4 electoral college of. 4 forests of 2 interest in, legal rate of 4 laws of, in relation to — deeds 4 descent and distribution of property 4 dower 5 exemptions 5 married women 5 mechanics' liens 6 mortgages 6 wills 6 manufactures of, statistics of 3 population of 1 assessed valuation of property of. 3 railroads in 3 school system of. 3 temperature and rainfall of. 1 Alaska — agricultural resources of, little development of 7 area of ix, 6 climate of. 7 commerce of, value of 8 derivation of name of. (5 fisheries, salmon, cod, halibut, etc., great yield and value of 7, 8 forests of 7 fur trade of, value of. '. 7 geographical divisions of. 6 mineral resources of. 7 population of 7 purchase of (> Yukon river, principal highway of 7 Arizona — agricultural statistics of 8 area of ix, 8 derivation of name of 8 222 INDEX. Pagb Am/ 'NA — continued. elections in 9 forests of - 9 interest in, rates of. 10 irrigation in 9 laws of, in relation to — • .1 teds 10 ■ 1 iwcr 10 .1 scent mill distributions 10 exemptions 10 married women 11 mechanics' liens 11 mortgages 11 wiiis:.:: ii manufactures of 9 mine statistic- of 9 population of 8 products of. 9 railroads in 9 school system of. 9 soil and # climates of , 9 stock raising in 9 temperature and rainfall of. « 8 Arkansas — agricultural statistics of 12 area of viii, 12 derivation of name of 12 elections in 18 electoral college of. 13 interest in, rates of. 13 laws of, in relation to— deeds 18 descent and distribution ' 13 dower 14 exemptions 14 married women 14 mechanics' liens 15 mortgages 15 wins:... 15 manufactures of. 13 mine statistics of. 13 population of 12 railroads in •*••• 13 temperature and rainfall of. 12 •California — agricultural statistics of. 16 area of ix, 10 derivation of name 15 elections in 17 electoral college 17 grape and wine culture in 17 Eape region, extent of. 17 ws of, in relation to — deeds 17 descent of real and personal property 18 dower 19 exemption 19 married women 20 mechanics' liens 20 mortgages -•• 21 wills 21 INDEX- 223 Page •California — continued. manufactures of. 17 mining statistics of. 17 population of 16 products of. 17 property in, assessed valuation of. 17 railroads in • 17 schools of. 17 soil and climate of. 16 temperature and rainfall 16 Colorado— agricultural statistics of -- ° i> iv 99 area of 'of derivation of name of 21 elections in £> electoral college ~j» interest in, rates of. 2d laws of, in relation to— deeds ^ descent and distribution of property 24 dower 24 exemptions -* married women -* mechanics' liens 2o mortgages *«J wills 2o manufactures of.. ** mine statistics of. -j* mountain scenery of. -» population of •• 2- property, real and personal, assessed valuation of j6 railroads in -** schools of. -j» temperature and rainfall of. *« Dakota— , agricultural statistics of ;.. f® area of. V111 ^2 Black Hills, gold and silver mined in... 27 derivation of name of. 25 elections in.,, 27 forest area of 27 interest in, rates of. *• laws of, in relation to — deeds j* descent 27 dower £* exemptions 2» homestead -£ married women *g mortgages :; wills -* manufactures of. ~|r minerals of ~p population of ~Z property of, assessed value of. j* railroad mileage of- ~7 schools of. ~f. temperature and rainfall ••••• ••••• -6 Department of the Interior, Rules of Practice in cases before ^U7-/ia 22 t INDEX. Page District land offices, Rules of Practice in cases before. 207-219 Florida — agricultural statistics of 30 area of viii,80 a resort against rigorous northern winters 30 climate of, fine 30 deii vat inn of name of 29 elections in : ;1 electoral college of. ; ;' everglades, the famous 30 fisheries of SI forests of. SI interest in, rates of. :;1 land in, value of 30 laws of in relation to — deeds 31 descent 32 dower 33 exemptions S3 married women 34 mortgages 34 wills........: : ' A manufactures of.... 31 population of. ;j (> school system of. 31 temperature and rainfall of 30 tropical products of. 30 General hints relative to railroad grants, etc 193, 206 General Land Office, Rules of Practice in cases before 207, 219 Idaho — agricultural statistics of •• 35 area of. > x - 35 climate of 35 derivation of name of 35 desert lands of 88 elections in 37 great mineral belt of. 88 interest in, rates of 37 large grazing area 36 laws of, in relation to — deeds 37 descent of property 37 dower 37 exemptions 37 married women 37 mechanics' liens 37 mortgages 38 wins:..: 88 manufactures of 38 population of 85 products of. ;| ( ; railroad mileage of. 86 resources of, undeveloped 38 school system of 86 taxable property of. 86 temperature and rainfall '"' Ikdian Txrbitoby — area of. viu,38 baronial estates in 38,39 INDKX". 225 I'AOK Indian Territory — continued. fertility of lands of. 38 "live civilized tribes," census of 38 governments within 39 not open to settlement by whites 39 railroads in 39 school system of. 39 tribes occupying 38 Iowa — agricultural statistics of. , 40 area of viii, 40 derivation of name of 40 elections in 41 electoral college 42 interest in, rates of. ." '42 law6 of, in relation to — deeds 42 descent and distribution 42 dower 42 exemptions 42 married Avomen 43 mortgages 43 wills 43 manufactures of. 41 population of 40 property, assessed valuation of. 41 school statistics of. 41 temperature and rainfall of 40 Kansas — agricultural statistics of. 44 area of viii, ix, 44 derivation of name of 44 elections in 40 electoral college of 46 interest in, rates of 46 laws of, in relation to — deeds 46 descent and distribution 46 dower 47 exemptions 47 married women 47 mechanics' liens 47 mortgages 47 wills ' 47 manufactures of. 45 mine statistics of. 45 population of 44 property in, assessed valuation of. 45 railroads in 46 school system of. 46 State institutions in 45 temperature and rainfall of. 44 Land States and Territories, names of. 109 Louisiana — agricultural statistics of. 49 area of. viii, 48 climate of 40 derivation of name of. 48 elections in 50 226 INDEX. Page Louisiana — continued. electoral college of 50 Fabacher, St. Landry parish, German setttlemcnt at 48 forests of. 43 interest in, rates uf. 51 land of, value of 48 laws of, in relation to — deed- 51 descent and distribution 51 dower 51 exemptions 51 married women 52 mechanics' iiene mortgages 52 wills 52 manufactures of 50 mineral- of 50 ocean and gulf communication of. 50 population of 48 products of 49, 50 railroads of 50 schools of. 50 tempi rat are and rainfall 48 territory, geographical divisions of 48 water navigation of 49 water power of. 49 MicniGAN — Cultural statistics of. 53 '. "I vii, 53 derivation of name of 53 • ! ictions in 55 ■•oral college 55 fisheries of. 54 interest in, rates of. 55 laws of, in relation to — deeds 55 descent of property, real and personal 55 exemptions 56 married women 57 mechanics' liens ">7 mortgages 57 wills^ 57 manufactures of. 64 mines of. 54 population of 53 railroads of 54 school statistics of 55 temperature and rainfall of. 53 Minnesota — agricultural statistics of. 58 area of. vii, viii, 58 dairy interests of. 59 derivation of name of 57 elections in 59 electoral college of 59 geographical situation of. 68 interest in, rates of. 59 ' INDEX. 227 Minnesota — continued. laws of, in relation to — deeds 59 descent of property (30 dower oi exemptions 01 married women 01 mechanic's liens oi mortgages 62 wills 02 manufactures of. 59 population of 5S property, real estate and personal, assessed valuation of 59 quarry statistics of. 59 railroads in 59 Bchool system of .. 59 temperature and rainfall of. 08 ."Mississippi — agricultural statistics of. G2 area of. vii, viii, (52 derivation of name of 62 elections in 63 electoral college of 64 forests of 63 interest in, rates of. 64 laws of, in relation to — deeds 64 descent and distribution of property 64 dower 04 exemptions 04 married women 60 mechanic's liens 05 mortgages 60 wills 65 manufactures of 63 population of 02 property, assessed valuation of. 63 schools of 64 temperature and rainfall 62 timber supplies of. 63 Missouri — agricultural statistics of. 66 area of viii, 66 derivation of name 65 elections in .... 67 electoral college of. 67 interest in, rates of. „ 67 laws of, in relation to — deeds 68 descentand distribution of property 68 dower 68 exemptions 68 married women 69 mechanics' liens 69 mortgages 69 wills 69 manufactures of. 67 mine statistics of 67 population of 66 228 INDEX. Page Missouri — continued. quarry statistics of 67 railroads in 07 St. Joseph, trade of. 66 St. Louis, iiK lust rie.s and commerce of 66 school system of. (17 temperature and rainfall of. GG Montana — agricultural and grazing areas of. 70 agricultural statistics of. 70, 71 altitudes of. 70 area of viii, 70 climate of. 70 commerce and trade of 71 education in 72 farm land-, rich and productive 71 forests of 70 interest in, rates of. 72 laws of, in relation to — deed- 72 descent and distribution of property 72 dower 7l' exemptions 72 married women 73 mechanics' liens 73 mortgages 73 wills...: 73 manufactures of. , 71 mining in 71 population of 70 property in, assessed valuation of. 72 railroads in 71 scenery of 80 stock raising in 71 temperature and rainfall of. 70, 71 water navigation in 70 Nebraska — agricultural statistics of 74 area of viii, 74 coal product 75 derivation of name of 73 educational sy.-tem of 75 elections in 75 electoral college of. 75 interest in, rates of. 75 laws of, in relation to — deeds 75 descent ...., 75 distrihution 75 dower 75 exemptions 76 married women 70 median ice' liens 70 mortgages 76 wills 70 manufactures of 74 population of 74 property in, assessed valuation of. 75 INDEX. 229 Nebraska — continued. railroads of 75 stock raising in j" 74 temperature and rainfall of. 73 Nevada — agricultural statistics of 77 area of : .."."Ik, 78 climate of. 77 derivation of name of. 77 elections in 78 electoral college of. 78 interest in, rates of " 78 laws of, in relation to — deeds 78 descent and distribution 79 dower 79 exemption 79 married women 80 mechanics' liens 80 mortgages 80 wills 80 manufactures of. 78 mineral resources of. 78 mining statistics of. ] 78 mud lakes and warm springs of 77 population of 77 railroad transportation in 78 school system of. 78 temperature and rainfall of. 77 New Mexico — agricultural statistics of. 81 altitudes of 81 area of. ix, 80 climate of. 81 derivation of name of 80 elections in 82 forests of 82 grapes, varieties of. 81 interest in, rates of. 82 land of, divisions and character of. 81 laws of, in relation to — deeds 82 descents 83 dower 83 exemptions 83 married women 84 mechanics' liens 84 mortgages .' 84 wills 84 manufactures of. 82 mine statistics of. 82 mining industry in 82 products of, semi-tropical 81 property, taxable, assessed valuation of. 82 railroads in 82 raisins and wine, manufactures of.. 81 temperature and rainfall of. 81 230 INDEX. Pagb Oklahoma — agricultural and timber resources of. 39 area of, estimated 39 climates of. 39 derivation of name of 39 Territory, bill for organization of, as a 39 Oregon— agricultural statistics of ; bo area of. lx, ~ climate of, tine 85 dairy products of. 85 derivation of name of 84 elections in ,s 7 electoral college of 8/ fisheries of forests of 86 interest in, rates of. 8/ laws of, in relation to — deeds descent and distribution of property 87 dower N exemptions 87 married women 88 mechanics' liens mortgages s ^ wins....: g manufactures of 80 mineral resources of. 86 population of 85 property of, gross value of. 87 railroads in s ' ¥ schools statistics of 86 temperature and rainfall of 85 valleys and navigable waters of. 85 wool of. 86 Public domain, land offices located on, list of 107 Public lands or public domain, subject to the control of Congress 109 agricultural ■ 1J« college scrip, use of 1 IS, 119 classification of. HO coal entry of, regulations governing 185 rulings respecting 180 desert land laws, rulings under 160 special and genera] legislation relating to i ; >7 disposal of, by private entry 117 manner of U4 entries of, amendments of 1-89 rulings in reference to 190 Of dead Or insane persons, how completed 125 entryman, naturalization of. !' !l rulings 192 fees payable at time of final proof. 124 when application is made 123 final proof, how made 1^ grasshoppers, sufferers from, relief of-.. 132 INDEX. 231 Page Public lands or public domain — continued. homestead acts and amendments, settlement under 120 commutation of, at end of six months 127 entries, additional, in railroad limits 130, 130 how made 122 procedure in district land offices 122 several classes of. 121 soldiers' and sailors' additional 130, 137, 138 entry of, form of 128 law and its benefits, essence of 121 on sale of, not recognized 126 privilege 122 rights, attempted transfer or 128 rulings 132-142 act of June 15, 1880 127, 140 adjoining farm 129, 136 commutation of 127, 139 death 136 Indian 139 requirements under 135 soldier's declaratory statement 137 homesteads, act of June 15, 1880 127,140 adjoining farm, how entered 129, 136 on, abandonment of, contests 127 effect of. 126 how paid for 122 soldiers', rules governing 129, 137 land offices, list of. 107 locations of, with warrants 118 mineral 172 adverse claims 174 laws, mining rulings under 178 rulings under 176 placer claims, patents for 175 title to, manner of obtaining, forms, etc 186 vein or lode claims, title to, etc 172 personal appearance, at district land offices 123 when may be dispensed with 123 pre-emption filing, change of, into a homestead entry 127 laws, etc 142 rulings under 144 proof at other than district land offices 125 public land States and Territories, names of 109 offering and private entry of. 116 purchase of, at public sale H' receiver's receipt for money paid for 117 relinquishments of, filing of proceedings upon 126 revolutionary bounty land scrip, issue and uses of 120 saline act, limitation of operations of.. 107 rulings under 1"° salines or salt springs, determination of. 167 disposal of. 167 sale ofi ], ;7 settlement and residence required J23 supreme court scrip, issue and uses of 1 surveyor-general's certificates, form of application under 1 uses of. 119 surveys, execution of. ]''-- land parceling, methods and system ol J0» special, on private application 114 y 232 INDEX. Pack l^iblic lands or public domain — continued. timber and stone 161 act, rulings under 165 Bworn statement, form of. 163 testimony of applicant, form of. 164 timber-caltare affidavit 150 laws, etc 148 rulings under 158 townsite rulings 170 townaites on, instructions respecting 108 Railroad grants, hints relative to 108, 206 Roles of Practice in cases before the General Land Office, district land offices, and the departme'nt - : 207, 219 Surveying meridians and base lines, principal, geographical positions of..l09-l 12 Utah — agricultural statistics of • 89 area of. 1X ' ca climate of 80 commercial traffic, value of 00 derivation of name of. 88 elections in 01 Great Salt lake, area of, etc 89 basin, area, altitude, climate, scenery, and produc- tions of. 89 interest in, rates of. 91 laws of, in relation to — deeds 01 distribution and descent 91 dower '••• 01 exemptions 01 married women 02 mechanics' liens 02 mortgages 02 wills 02 manufactures of. 00 mineral resources of. 00 railroads in | school system of. temperature and rainfall of...... 89 valleys, foot-hills, slopes, and mountains of. 89 Washington — agricultural development of 03 statistics of ; 08 area of ' x > ;t ^ climates of. 02 elections in 06 exports and imports of 08 fisheries of. forests of '■'* same in, etc , "' horticulture in 93, 1)4 institutions of 95 interest in, rates of 05 laws of in relation to — deeds 95 descent and distribution 9o personal estate 96 dower 96 INDEX. 233 Washington — continued. Page laws of, in relation to — exemptions „ og married women ...77. .7777! % mechanics' liens 7777! 90 mortgages .......!7'7..7!777 % wills ; qq manufactures of. 94 mineral resources of. !!!........... 94 population of 9" property, taxable, value of. V. ..V................ 95 Puget sound, area and description of !........ 7.7.92 93 shipbuilding on ....... ~' 93 railroads in ......*. 95 schools system of. .7.777.7 95 stock raising in 77777777 94 temperature and rainfall 7777" 92 valleys of, etc ;....7.....77.7..777....7.77.77 93 western, products of. .............!! ...... ......93 94 Wisconsin — agricultural statistics of .. 97 area of. ..i77777.777777.77777"^ 97 derivation of name of '97 elections in 77! 7! 98 electoral college ..... 93 fish culture in „ 77777! 98 institutions of. "..77. ..7777'.! ..... 98 interest in, rates of ."7.777 98 laws of, in relation to — deeds gg descent and distribution of property 7.7.7.7 99 dower ""*' 99 exemptions ', 99 married women 77! ]Q0 mechanics' liens joo mortgages 100 • wiiis .7.777777'. 100 manufactures of. 93 mineral resources of. 98 population of ' 97 railroads of 7777.7.77.7.77.77.7.77." 98 school system of. "77.7! 98 temperature and rainfall of. 777. 77!! 97 water communications of. 7.77.7.. ...... 98 Wyoming — agricultural statistics of. 101 area of vi'ii!'ix, 100 coal output 101 102 rich in ' 101 derivation of name of .77777777.77. 100 elections in .....' ]02 farming in, dependent on irrigation 100 insane and other asylums in 102 interest in, rates of. 102 irrigation canals, progress in building 100 Larimie chemical works, daily product of 103 234 INDEX. Pacw Wyominc — continued. laws of. in relation to — deeds 102 descent and distribution 103 dower 103 exemptions 103 married women 103 mechanics' liens 103 mortgages 103 wills..:: 103 manufactures of. 101. 102 mining progreasing in 101 not a timber country 102 oil fields of 102 population of 100 products and yield of. 100 property, assessed valuation of. 102 railroads in 102 rock species in, abundant 102 school system of. 102 soda, common salt, etc 102 stock raising in 101 temperature and rainfall 100 Yellowstone National park located in - 102 B. C. TI 629 F St., N. W., Washington, D. C. Attention wholly given to cases before the Land Department. Eight years, from 1880 to 1888, Register of U. S. land office at Grand Forks, Dakota. Nine years (from 1871 to 1880) experience in the Land Department at Washington, viz : five years in General Land Office, and lour years Law Clerk in the office of the Secretary of the Interior considering contested cases of every character. O. H. HERRING, (Formerly General Land Office.) ATTOBUEY .A.T TjJ^W, Koom 38 Le Droit Building, Washington, D. C. Lock box 409. Practices before the General Land Office, Secretary of the Interior, the Depart- ments and the Courts. Having had several years' official and professional experience in Land Contests, Claims, etc., I will give special attention to contested and ex-parte cases arising under the public land laws. All kinds of Land Scrip bought and sold. Refers to Hon. James F. Wilson and Hon. Wm. B. Allison, U. S. Senators from Iowa; Hon. D. B. Henderson and Hon. John H. Gear, Members of Congress from Iowa. LUTHER HARRISON, Late Principal Clerk on Private Land Claims, Chief Clerk, and Asst. Commissioner General Land Office. ATTOBITBY .A.T I_,.A_"W, Private land Claims, Agricultural and Mining Cases. Rooms 37 and 38 Le Droit Building, Washington, D. C. Will give attention to and procure Patents in all classes of Land and Mineral Entries, viz : Pre-emption, Homestead, Timber Culture, Desert, Timber and Stone, Townsite, Mineral and Coal ; also Warrant and Scrip Locations, Private Land Claims, and Donations. Contested Land Cases ar- gued before the Commissioner of the General Land Office and the Secretary of the Interior. Claims prosecuted be- fore other Departments of the Government. Books on the Public Lands. Land Laos of the United Slate*. Local and temporary, 2 vols. ; general and permanent, 1 vol.; and The Public Domain, its history and statis- tics, l vol. Together, 4 vols., 8vo., cloth $6.00; sheep, $10 00 TJie Public Domain volume, separately, cloth $3.00; sheep 4 00 Decisions of the Department of the TnU rior Office in cases relating to the Public Lands, from July, 1881, to June, 18S8. 6 vols., 8vo., sheep, $18.00 J separately, each volume 3 00 Matthews and Conway's Digest of the Decisions of the General Land Office, the Department of the Interior, and the Supreme Court of the LI. S., in cases relating to the Public lands, issi-S. Svo., sheep 00 American State Papers — the Public Lands section, Gales and Seaton's edition. 8 vols., folio, half russia 40 00 Land Office Reports. Complete sets and separate years for sale. Lester's Land Laics, Regulations and Decisions. 2 vols., Svo. , sheep 10 00 Prhxite Land Claims in the various States and Territories, official documents relating to them, reports of the surveyors-general, etc. Books on Pensions. List of Pensioners on the Roll, January 1, 1S83, giving the name of each pensioner, the cause for which pensioned, the post ollice address, rate of pension, and date of original allowance. 5 vols., Svo. unbound, $7.50; cloth, $10.00 ; sheep 12 50 Diaest of tlie Laws of the United States governing the granting of Army and Navy Pensions, and Bounty Land Warrants, Decisions of the Secre- tary of the Interior, and Rulings of the Commissioner of pensions, by Curtis and Webster. 8vo., half sheep, 036 pages 3 50 Decisions of the Department of the Interior in cases relating to Pension Claims, and Laws of the United States granting and governing pensions. Vol. 1, 1887, sheep, $3.00 ; vol. 2, 1888 3 00 W. H. LOWDERMILK & CO., New and Second-Hand Booksellers and Dealers in Government Publications. 1424 and 1426 F St., N. W., Corcoran Building, WASHINGTON, D. C. Our Stock of United States Government Publications is the Largest in Existence, and Embraces all Gmgresxional, Departmental, and Special Issues. VAN H. MANNING, ATTORNEY AT LAV/, Pacific Building, 622 F St. H. W., Washington, D. C. PRACTICES BEFORE THE COURTS, DEPARTMENTS, AND COMMITTEES OF CONGRESS. DUANE E. FOX, ATTORNEY AND COUNSELLOR AT LAW, Pacific Building, 622 F St., Washington, D. C. Practices before the Supreme Court of the United States, Supreme Court of the District of Columbia, the Executive Departments, and special Tribunals. Has had five years' experience in the General Land Office and is specially qualified to attend to cases involving PUBLIC LANDS AND MINES. Prefers to Hon. Thomas M. Cooley, Chairman of the Interstate Commerce Commission ; Hon.T.W. Palmer, U. S. Senate, and Hon. B. M. Cutcheon, House of Representatives, and to prominent lawyers in Michigan. IP. IK. SZEITIUl-OTTIR,, ATTORNEY AT LAW. Room 74 Atlantic Building, Washington, D. C. Practices in all the Courts and Departments at Washington. Cases involving title under the Mining, Townsite, Pre-emption, Homestead, and other laws for the disposition of the public lands, in the General Land Office and Dept. of the Interior a specialty. M. D. BRAINARD, (Lato Law Clerk Interior Department.) Attorney and Counsellor at Law, PACIFIC BUILDING, WASHINGTON, D. C. MAKES A SPECIALTY OF ALL MATTERS RELATING TO PUBLIC LANDS AND MINES BEFORE THE COMMISSIONER LAND OFFICE r AND SECRETARY OF THE INTERIOR, AND SUPREME COURT OF* THE UNITED STATES. LAND CLAIMS A SPECIALTY. JL SL l 3H£KIDiNtJ&S» land.- ATTORNEY at LAW.-*** St. Clond Building, Cor. Ninth and F Streets, WASHINGTON, D. C. PRACTICES BEFORE UNITED STATES GENERAL LAND OFFICE AND ALL THE DEPARTMENTS. CONTESTED LAND CASES, PRIVATE LAND CLAIMS. MINING, PRE- EMPTION, AND HOMESTEAD OASES. PROSECUTED BEFORE THE GENERAL LAND OFFICE, DEPARTMENT OF TDK INTERIOR, AND THE BUPREME COURT, AND ALL CLASSES OF CLAIMS BEFORE THE SEVERAL EXECUTIVE DEPARTMENTS. A DIGEST OF THE DECISIONS | DEPARTMENT OF THE INTERIOR AND THE GEN'L LAND OFFICE, In Cases relating to the Public Lands, from July, 1881, to Jan., 1887. Prepared by WILLIAM B. MATTHEWS and WILLIAM O. CONWAY. RECOMMENDATIONS. This work has the approval of the General Land Office, and a copy of the same has been placed in each one of the district land offices in the U. 8. [From the Attorney-General of the United States.] Department of Justice, Washington, D. C, November 21, 1888. My Dear Sir— I acknowledge, with pleasure, the receipt of a copy of Digest of Land De- cisions, prepared by yourself and Wm. O. Conway, which you were kind enough to send me a few days since. I have examined the wor aluable contribution to tt Bceive the commendation ui Hoping this book may meet with the favor it so justly merits, I am yours very truly, Wm. B. Matthews, Esq., Interior Dept. A. H. GARLAND. [From the Solicitor-General of the United States.] Department of Justice, Washington, October 23, 1888. Messrs. Matthews and Conway. . ^ . ... Gentlemen— Your Digest of the "Decisions of the Department of the Interior and the General Land Office " is a work of substantial utility and merit. It supplies a want lor those engaged in land office practice which has long been felt, and now, so far as I know, for the first time met. Without the Digest it would be very tedious, if not impossible, in anv reasonable time to acquire a knowledge of the practice ol the Land Office that would properly qualify an attorney to take charge of that class of business. Yv ith the Digest, a very brief examination of any decided question will afford the basis lor sate advice and intelligent action. I am yours truly, G. A. JENKS. [From Hon. H. L. Muldrow, Assistant Secretary of the Interior.] Department of the Interior, Washington, August 27, 1888. Messrs. Matthews ^r C <~!onway. Gentlemen— Your Digest of Land Decisions seems to have been prepared with the care that insures accuracy and inspires confidence, audi regard itas an invaluable ad- dition to the libraries of attorneys practicing before the local and General Laud Offices, as well as a useful compendium and reference book to those engaged in general practice, I have not had the time to give it a thorough examination, but am confident I shall find it of great assistance in expediting the official work that comes to my desk. . Very respectfully, H. L. MULDROW. [From Hon. Zach Montgomery, Assistant Attorney General.] Department of the Interior, Office of the Assistant Attorney General, Washington, D. C, August 25, 1888. Messrs. Matthews and Conway. . .... Gentlemen— I hasten to thank you for a copy of your new publication entitled Mat- thews and Conway's Digest of Land Decisions." Judging from the brief examination I have been able to give your book, I am led to believe that I shall find in.it a most helpful assistant in discharging the legal work of my office; and I am sure that it would make a valuable addition to the law library of any American attorney who has anything to do with the administration of the public lana laws of the United States. Very respectfully, ZACH. MONTGOMERY. [From S. V. Proudfit, editor of Land Decisions.] Department of the Interior, Washington, D. C. Messrs. Matthews and Conway. .„ . , , The Digest of Land Decisions which you have so carefully prepared will be found a valuable addition to the librarv'of attorneys practicing before the Land Department. It, has the claim of novelty as well as merit, covering not only the Departmental decisions, but the leading cases also in the United States Supreme Court. . It is in fact a library in itself, and will be accordingly appreciated by the profession. S. V. PROUDFIT, Editor of Land Decisions. [From Hon. S. M. Stockslager, Commissioner General Land Office.l Department of the Interior, General Land Office, Washington, D. C, February 11, 1888. W. B. Matthews and W. 0. Conway. ., _.. . Gentlemen— I am informed that you have completed and have now in press a Digest of the Decisions of the Department of the Interior, comprehending^ period lrom July 17, 1887. to whic' is, with referen Digest of the Decisions of the Supre— covering the same period. Such a Digest has been long needed, not only by the officers of the Government, but by all the judges, lawyers, and civil officers residing 111 the puD- lic land States. I feel satisfied from my knowledge of your recognized ability, accuracy, and your familiarity with the subject, that your Digest will be a complete success. Yours very truly, s - M. S1O0K.&1jAIj1!,k. : PADGETT. GEORGE E. EMMONS. PADGETT & EMMONS, £ Ort gyul M im^ A 1 1 <) r n y s % Atlantic Building, Washington, D. C. TEN YEARS PRACTICE BEFORE THE GENERAL LAND OFFICE. ENTERIOR DEPARTMENT, AND UNITED STATES SUPREME COURT. GIVE SPECIAL ATTENTION TO ALL CLASSES OF LAND AND MINING BUSINESS. REFER TO JUDGES OF OUR COURTS, LAND OFFICE OFFICIALS, AND PROMINENT LAWYERS AND LAND AT- TORNEYS OF TDK WEST. William B. Matthews, (Late Assistant Chief of the Pre-emption Division, and Examiner of Mineral Contests, — one of the editors of " Matthews and Conway's Digest of Land Decisions.") ATTORNEY AT LAW Offices : Atlantic Building, WASHINGTON, D. C. WILL GIVE SPECIAL ATTENTION TO AND PEOCURE PATENTS IN ALL CLASSES OF LAND AND MINERAL ENTRIES, VIZ : PRE-EMP- TION, HOMESTEAD, TIMBER CULTURE, DESERT, TIMBER AND STONE, TOWNSITE, MINERAL AND COAL; ALSO WARRANT AND SCRIP LOCATIONS ; PRIVATE LAND CLAIMS AND DONATIONS. Refers by permission to Hon. N. C. McFarland, Ex-Commissioner General Land Office ; Hon. Binger Hermann, M. C. ; Hon. Thomas M. Bowen, U. S. S. ; Hon. S. M. Stockslager, Commissioner General Land Office ; and to public men generally throughout the West. GEORGE J. MECHLING, Attorney at Law, -*#^=h- Offices: Atlantic Building, -*> t- H| > WASHINGTON, D. C. PRACTICES BEFORE THE COURTS, DEPARTMENTS AND COMMITTEES OF CONGRESS. LAND AND PENSION CASES A SPECIALTY. PATENTS. doited States and Foreign Patents procured. I^vestigatione and Opinions on . and Validity and wfringement of Patents, Interferences, Appeals, etc. Upon receipt of a Bketcfa <>r model and description of an invention, I will give my opinion, based upon my knowledge of the art, as to its patentability, and snch further information and papers as will enable you to proceed with an application for letters patent. If you wish to have your case prepared and filed at once, send $20 with the ' sketch, etc., and upon receipt of which all papers will be forthwith prepared and forwarded for your examination, signature, < >tc. gS$~ My fee in an ordinary case, including one sheet of draw in- i W. B. MATTHEWS, ^TTOZE^ZSTIH]^" J^JV ZD-ATW, Aflantic Building Washington, D. C. l, K SICKEIB, J- "• in.'K( ■RYQr.