M^ LIBRARY OF THE UNIVERSITY I Hi/fAW/^ t m>u&^m4^m \m OF THE UNIVERSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY /ft) RSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA >:^^^ = d = <>%U4<44[ >J^UU4[ I ^^S5>)^^^ i RjiRY OF T "m RIRY OF 1 wm Digitized by tlie Internet Arcliive in 2008 witli funding from IVIicrosoft Corporation littp://www.arcli ive.org/details/americansettlersgdOOcoppricli =^KT American Settler's Guid A POPULAR EXPOSITION PUBLIC LAND SYSTEM UNITED STATES OF AMERICA, BY HENRY ]Sr. OOPP. Editor •! Copp's Public Land Laws, U. S. Mining Decisions, U. S. Mineral Lands, Hand S»olr of Mining Law, American Mining Code, and Copp's Land Owner. TWELFTH. EDIT^ION PUBLISHED BY THE EDITOR, WASHINGTON, D. C. 1887. Note. — The references in this book to Copp's Public Land Laws are to the work issued in 1875. The Land Owner references herein, from Vols. 2 to 8 •nclusive, may be found in Copp's Public Land Laws, 1882, by means of the "i i'^t of Cases in that work. ^■9 Copyright, By henry N. COPP, 1887. INQUIRER P. * P. CO., eOTVfHRS AKD PHIMTaU^ LANCASTEU, TA. TABLE OF CONTENTS. CHAPTER I. EXPLANATORY. Public and Private Lands v, 7 «. Lands not Public b. Public Lands 7 c. Kinds of Public Lands 7 n. Several Terms Explained. 8 «. Public Sale , 8 b. Private Sale, Private Entry, and Location. 8 c. Offered and Unoffered Lands 8 d. Minimum and Double Minimum Lands '. 9 JIL What will Pay for Lands 9 a. Cash Purchases 9 b. Location with Wairants 10 <-. Agricultural College Scrip 10 /. Supreme Court Scrip 10 e. Indemnity Land Scrip 11 f. Revolutionary Bounty I^nd Scrip 11 g. Certificates of Deposits • n ^.Other Kinds of Scrip u IV. Citizenship 12 V. Presentation of Appeals 12 VL Ho'M Much Land One Person Can Take 14 VII. What An Agent Can Do 14 CHAPTER n. UNITED STATES SYSTEM OF SURVEYS. Ho 64- CHAPTER IV. PRE-EMPTIONS. Homestead and Pre-emption Privileges Compared 66 I. fre-emption Claims 66 a. Who are Qualified Pre-emptors 67, 76 b. Settlement and Filing 67, 75 Rulings 67 c. Residence and Improvements 69, 78 Rulings 69 d. Proof and Payment 70 Rulings 73. 79 e. Sale and Forfeiture . 74 RuUngs 74, 79 II. Pre-emption Homesteads 74 Rulings 62. 75 CHAPTER V. TIMBER CULTtmE. a. Who May Apply, and for What Kind of Land 81 Rulings 81, 86, 93 b. Application, Entry and Proof 82 Rulings 82, 86, 93 c. Contest and Cancellation 85 Rulings 85, 87, 95 d. Final Proof 87, 95 CHAPTER VL >n6CELLANEOl». I. Town-sites , 97 II. Railroad Grants 99 a. Homestead and Pre-emption Claims in General 99 b. Relinquishment in Favor of Settlers 100 c. Confirmation of Pre-emptions and Homesteads \co IIL State Lands lOI IV. Private Land Claims XOI V. Indian Lands I02 VI. Mines and Mineral Lands I02 VII. Coal Lands 102 VIII. Stone and Timber Land* I06 IX. Saline Lands 107 X. Desert Lands 108 CHAPTER VII. WHERE TO SETTLE. I. List of United States Land Officers I15 II. List of State Land and Immigration Officers 1 16 HI. List of Railroad Land Commissioners and Agents 1 17 GENERAL ESTOEX. PAGB. Abandonment, of Homestead 39 " Pre-emption 74 " Timber Culture Claim 85 Absence, on Account of Grasshoppers, etc 4 Additional Entry — Soldiers' and Sailors* 46 Under law of March 3, 1879 27 Adjoining Farm Homesteads 27, 37 Agricultural College Scrip 10 Lands 7 Alien — See Cidzenship 12 Amendment of Entries 3* Appeals . . . . • 13 Applicauon Under Homestead Laws 25 Timber Culture Law 82 Bounty Lands — See Military and Revolutionary Bounty Land Warrants and Scrip . . 10, 11 Cancellation, of Homestead Entry 39 Timber Culture Entry 85 Cash Entry or Purchase 8, 9 Chippewa Scrip 12 Citizenship .12 City 97 Coal Lands 8, 102 Commutation of Homestead Entries 30» 37 Contest of Homestead Entries 39 Timber Culture Entries °i Comers, How to Tell ^ Manner of Establishing 16, 19, 21 Cultivation of Homesteads ^ Pre-emption Claims ■. ^9 Declaratory Statement— See Pre-emption and Soldiers' Homesteads i^' t Desert Lands 8, 108 Double Minimum Lands — Term Explained 9 Drought— Relief 4» Entry— Homestead 25, 27, 42, 4t> Pre-emption ^6, 7° Ordinary Private 9 Timber Culture ^^^ Fees — For Homestead Entry ^, Pre-emption Entry Private Entry „^ Timber Culture Entry • g, Fmal Proof— See Proof 33. 7>. »2 Foreigner — See Citizenship ' Forfeiture of Pre-emption Right "^ Grants — Private Railroad e Grasshoppers — Relief 10 84 Hearing — See Contest 2? Homesteads — Chapter HI „^ Pre-emption ^ vs. Railroads jg Immigration Officers _o Indians — Homesteads • .^2 Reservations j j Indemnity Scrip • _ Land Officers of United States ^ (V) GENERAL INDEX. List— U. S. Land Officers ^'5 State Land and Immigration Officers life Railroad Land Commissioners and Agents . . , , 1 17 Location . . . . ' 8, 10 Meandering of Streams 22 Mexican Grants ^°l Military Bounty Land Warrants • 10 Mineral Land ' 8, 102 Miiiimum Land 9 Offered Land * Original Entry — Soldiers' and Sailors' 4^ Porterfield Warrant 12 Pre-emption Claims O" Homesteads 74 vs. Railroads 99 Private Entry S Land 7 Land Claims JOi Land Scrip (Supreme Court Scrip) 10 Sale 8 Proof — Homestead 34 Pre-emption 7° Timber Culture 87 Publication — Notice of Final Proof 34 Public Land 7 Sale 8 Railroad Grants 99 Land Commissioners and Agents 117 Relief, Special 48 Relinquishment — Homestead 41 Pre-emption 74 Timber Culture 89 Residence on Homestead 30 Pre-emption Claim 69 Revolutionary Bounty Land Scrip 1 1 Rivers 22 School Sections lOi Sale— Public 8 Private 8 of Homestead Claim 39 " Pre-emption " 74 Saline Lands • 8, 107 Scrip of Various Kinds 9, 10, n Sections — How to Subdivide 23 How Numbered 16 To Restore Lost Comers in 23 Soldiers' Homesteads, Original 42 Additional 46 Certilicates 12 State Selections loi Land Commissioners 115 Set'lcment 66, 113 Stone Lands 8, 106 Surveys 15 Timber Culture Entries 81 Lands 8, 106 Townships — How Numbered ^. 16 Townsites 97 Trees, Bearing 19 Unoffered Lands 8 Valentine Scrip 12 Warrants lo THE American Settler's Guide. CHAPTER I. EXPLANATORY. I. Public and Private Lands. All real estate in the United States is either public or private. a. LANDS NOT PUBLIC. Wrate lands are owned by private persons or corporations, the titles being derived from the General Government or from a Foreign Power. Titles derived from foreign governments are protected by treaty, and are either complete or inchoate. Complete titles need no further action on the part of the United States, whereas inchoate (incomplete) titles usually require examina- tion, sur^•ey, and patent (*). To distinguish them from government lands, the tracts donated to the several States by tlie United States, or obtained otlierwise as in Texas, are called State lands C*), and are not subject to disposal under the land laws of the United States. b. PUBLIC LANDS. AH lands owned by the United States are public lands, though usually those only are so termed which are for sale or other disposal by the Government under general laws («). In this latter sense tlie term will be used throughout this book. The public lands are within the States of Alabama, Florida, Illinois, Indiana, Michigan, Mississippi, Ohio, Wisconsin, and all the States and Temtories west of the Mississippi River, except Texas, Alaska'Jand the Indian Ter- ritory. In Ohio, Indiana, and Illinois, but little public land is to be found, and this is for sale at the General Land Office in Washington. The other public land States and Territories are divided into districts, in each of which is a land office with two officers in attendance, one called the Register, and the other the Receiver. These officers act as agents or salesmen for the Government, and if the sales made by them are approved by the Commissioner of the General Land Office, patents for the lands are issued to the purchasers. A list of all exist- ing local land offices will be found in Chapter VII, C. KINDS car PUBLIC LANDS. I, Agricultural Lands are those that will produce agricultural crops. These are disposed of under the Homestead, Preemption, and Timber Culture laws, and those relating to Public Sale and Private Entry. Grazing lands can be purchased at public sale and private entry («), (») A land patent is the written document through which the United St.ites transfers to a private party, cor- Voration, or State, all its right and title in the land described. It is sitjned by the President, countersigned by Ae Recorder of the General Land Office, and sealed with the seal of that Office. It is the Government s deed. t*) For the purchase of State lands, see Chapter VI. (») Newhall v. Sanger, Land Owner, Vol. 3, p. 39. (*) K law has just passed opening Alaska to limited settlement. /) Provided they are " oiTcred," otherwise such lands are subject to entry as agriculrural lands. 8 '. ': '; .TH;E' AMERICAN. SETTLER'S GUIDE. 2. Desert Lands are such as \vill not produce crops without irrigation or an artificial supply of water. These lands, in the States of Cahfomia, Oregon, and Nevada, and in the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, can be purchased under the Act of March 3, 1877. See Oiapter VI. 3. Tiviber Lands are those not fit for cultivation, but valued for the timber growing upon them. The timber lands in California, Oregon, Nevada, and Washington Territory, are for sale under the law of June 3, 1878. See Chapter VI, 4. Stone Lands are tliose areas valued for the stone they contain, and are for sale under the same act of Congress as the Pacific Coast timber lands. 5. Coal Lands are the lands valued for the deposits of coal therein. They may be bought under the Coal Act of March 3, 1873. See Chapter VI. 6. Mineral Lands are those tracts which are more valuable for the metals or other min- erals they embrace than for agricultural purposes. These lands may be secured under the mining laws, except coal and stone lands, which are sold under separate acts of Congress. Sec Chapter VI. 7. Saline Lands are lands whereon salt springs are found. The act of January 12, 1877, under which salines can be bought, is very restricted in its operations. It does not apply to any lands in the Territories, nor within the States of Mississippi, Louiaana, Florida, California, and Nevada. See Chapter VI. These are the several classes of public lands recognized by and for sale under the laws of Congress. They cannot be sold under any state law, and state courts have no authority on the question of title to them until after a patent has issued. They caimot be taxed, though the settler's improvements thereon, having the character of personalty, may be. The settler should not delay securing his patent because he wishes to save taxes. There is too much risk of losing all his improvements by some other party seeking title to the same tract of land. II. Several Terms Explained. The following expressions are often used : a. PUBLIC SALE. A public sale of lands is an auction sale. When large bodies of land are to be sold, a proclamation is issued in the President's name, describing the tracts and stating the time and place of sale. When only a few isolated tracts of land, not embraced in the regular procla- mations, are to be disposed of, a notice to that effect is published in a newspaper in the vicinity. The land is sold to the highest bidder for cash only, which must be paid on the same day. There are few public sales at tlie present time, as the policy of the Government is to encourage pre-emption and homestead settlement and timber culture. A man who buys land at public sale is not compelled to settle on or cultivate it. b. PRIVATE SALE, PRIVATE ENTRY, AND LOCATION. These three terms mean nearly the same. Where lands are offered at Public Sale and nobody bids for them, they may be bought at any time thereafter at the local land office, if not witlidrawn in the meantime from market or reserved for some purpose. This is called a private sale or entry, or when the tract is paid for by a Warrant or Land Scrip it is called a location. In case a tract is withdrawn from market in consequence of an entry afterwards cancelled foi any reason, or through erroneous marks on the books of the district office, it is not again sub ject to private entry until restored by public notice of at least thirty days. <-. OFFERED AND UNOFFERED LANDS. Offered lands, as may be supposed from the previous statements, are those that have been advertised or proclaimed for sale, but which were not then sold. If not withdrawn or re- served, they remain open to private entry or location. Unoffered lands are such as were never offered. THE AMERICAN SETTLER'S GUIDE. 9 d. MINIMUM AND DOWBLE MINIMUM LANDS. These terms refer to the price of lands. Minimum (lowest) priced lands, when sold at •rivate entr)' for cash, bring one dollar and twenty-five cents an acre; and this is the loweat vice they are allowed to be sold for at public sale. Lands within railroad limits are supposed to be more valuable on that account, and are rated at two dollars and fifty cents an acre. They are consequently called double-minimum lands. [See act of June 15, 1880 for reduction in price of certain lands.] Under some circumstances, as in case of a withdrawal for railroad purposes, the reserved sections being enhanced in price, require under the law that they should be re-offered at the enha.nced or double-minimum price before being subject again to private entry. III. What Will Pay for Lands. I^ands bought at private entry may be paid for with, l, Cash: 2, Military Bounty Land Warrants: 3, Agricultural College Scrip: 4, Supreme Court Scrip: 5, Indemnity Land Scrip: 6, Revolutionary Bounty Land Scrip : 7, Certificates of Deposits. Valentine Scrip, Porterfield Scrip, Several Private Act Scrips, Sioux and Chippewa Indian Scrips, and Soldiers* Additional Homestead Certificates, will pay for such lands, but as they can also be located on unoffered tracts, and some of them even on unsurveyed lands, they sell for several dollars an acre. As the only object in using warrants or scrip for private entry or location is that they can be bought of private dealers for less than one dollar and twenty five cents per acre, the minimum price, the high-priced scrips are never used for private entry or location. a. CASH PURCHASES. Tlie applicant will first present a written application to the Register for the district in which the land desired is situated, describing the tract he wishes to purchase, giving its area in the following form : CASH APPLICATION. No. . Land Office at , {Date) .>«—•. I, of county, , do hereby apply to purchase the — — ^ of section , in township , of range , containing acres, according to the returns of the surveyor general, for which 1 have agreed with the Register to give at the rate of per acre. (Applicant's name) . I, , Register of the land ofSce at , do hereby certify that the lot above described contains acres, as mentioned above, and that the price agreed upon is per acre. , RegiUer. Thereupon the Register, if the tract is vacant, will so certify to the Receiver, stating the price, and the applicant must then pay the amount of the purchase money. The Receiver will then issue his receipt for the money paid, giving to the purchaser a dupli cate or copy of the receipt as follows : cash rbcbipt. M„ 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 No. , of range No. , containing — acres and hundredths, at % per acre. . Receiver. At the close of the month the Register and Receiver will make returns of the sale to the Genera] Land Office at Washington, from which, when the proceedings are found regular, a patent or complete title will be issued. WTien patents are ready for delivery, they will in all cases be transmitted to the local office where the location or entry was made, where they can be obtained by the party enUtled thereto, upon surrender of the duplicate receipt, or certificate, as the case may be ; unless the duplicate shall have been previously filed in the General Land office, with a request that the patent be delivered to a certain party, or sent to a specified place. In no case will the patent be delivered either from Washington or the local office except upon receipt of such duplicate, or, in case of its loss from any cause, upon the filing of an affidavit made by the present bona fide owner of the land, accounting for the loss, and also showing ownership of tlie tracts or a portion thereof embraced in the patent. 10 ^ THE AMERICAN SETTLER'S GUIDE. Formerly, when the duplicate was duly assigned by the locator, by a valid Uansfer in accotd- ^ce with the laws governing transfer of real estate in the State where the land is situated, s«ch assignment was recognized and patent issued accordingly, provided the duplicate with the assignment thereon was filed in the General Land Office prior to the issuing of patent; but in lo case will a patent be issued hereafter to an assignee, unless the lav/ governing the entry in question contains an express provision for the issuance of patents to assignees. Transfers of this kind must in all cases comply strictly \\-ith the law of the place, and if the assignor be a married man, and the statute requires the wife to join in the deed, it must be complied with, and in case of failure in this or other vital point, the patent will issue only in the name of the ariginal purchaser. b. LOCATIONS WITH WARRANTS. Military Bounty-Land Warrants are issued by the Commissioner of Pensions for services in the several wars before 1855. No warrants are issued for services during the late civil war. These warrants call for 40, 60, 80, 120 or 160 acres of land, and being assignable can be located by a purchaser. Warrants and the several kinds of scrip should be bought only of responable dealers, with a written guarantee that, in case of error in the assignment or other defect, or occasional forgery, the settler will not lose anything thereby. The market price of warrants is from $\.QO to $1.20 per acre. Application must be made as in cash cases, but must be accompanied by a warrant duly assigned as the consideration for tlie land; yet where the tract is $2.50 per acre, the party, in addition to the surrendered warrant, must pay in cash IS1.25 per acre, as the warrant is in satis- faction of only so many acres at $1.25 per acre, or furnish a warrant of such denomination as will, at the legal value of $1.25 per acre, cover the rated price of the land. For example: a tract of 40 acres of land, held at ^2.50 per acre, can be paid for with a warrant calling for 40 acres and the payment of ^50 in cash, or by surrendering an eighty-acre warrant for the same —the 40 acres to be in full satisfaction for the said location. Or a tract of 80 acres, rated at $2.50 per acre, can be paid for by the surrender of two eighty-acre warrants. If there is a small excess excess in the area of the tract over the quantity called for on the face of the war rant in any case, such excess may be paid for in money. A dupUcate certificate of location will then be furnished the party, to be held until tha patent is delivered, as in cases of cash sales. The following fees are chargeable by the land officers, and must be paid at the time of heation : For a 40-acre warrant, 50 cents each, to the Register and Receiver — total, Ji.oo. For a 60-acre warrant, 75 cents " " " " 1.50. For an 80-acre warrant, $1.00 " " " " 2.00. F"or a 120-acre warrant, ji. 50 " " " " 3.00. Fora 160-acre warrant, jS2. 00 " " " " 4.00. C, AGRICULTURAL COLLEGE SCRIP. This scrip was issued under the Act of Congress of July 2, 1862, for the establishment of Agricultural Colleges. There is very little of it now in market, and it is valued about the same as warrants. The manner of proceeding to acquire title with this class of paper is the same as in Cash and Warrant cases, the fees to be paid the land officers being the same as on warrants. Only three sections in each township and one million acres in any one state can be k>cated at private entry with this scrip. It is restricted in this class of entries to a technical " quarter-section," that is, land embraced by the quarter-section lines indicated on the official plats of survey; or it may be located on a part of a "quarter-section" where such part is laken as in full for a quarter; but it cannot be applied to different sub-divisions to make ar area equivalent to a quarter-section. J. SUPREME COURT SCRIP. This scrip is issued by the General Land Office, under decrees of the United States Supreme Court, pursuant to Acts of Congress, to satisfy land claimants in Florida, Louisiana and Missouri, whose bind has been sold, or otherwise disposed of, by the government. At THE AMERICAN SETTLER'S GUIDE. U private entry, this scrip is locatable only upon minimum ($1.25) lands. ITie law authorizes no fees to be collected thereon by the local officers. The market price is ^1.15 to $1.20 psit acre. The party who desires to locate must surrender the scrip, and make application according v; the following form : ACTS OF JUNE 22, 1860, MARCH 2, 1867, AND JUNE lO, 1872. RadSTER AND Receiver's) No . j Scrip No. . Scrip issued by virtue of a decree rendered on the day of , by the Supreme Court of the United States, for the claim of or legal representatives. I, , hereby apply to locate with the above-described certificate quarter of Section No. , in Township No. , of Range No. , conuining acres, in the district of lands subject to (ak at . Witness my hand this day of , A. D., 188 — . Attest : , (Applicant.) , Register. , Receiver. A certificate of entry is then issued, as follows, a duplicate or copy being given to the party, to be held by him as his evidence of title until the patent shall be issued : ACTS OF JUNE 22, 1860, MARCH 2, 1867, AND JUNE ID, 1872. Certificate of Entry. ) RsGiSTER No. . / Register's Office, At , , 188—. I certify that certificate of location, No. , for acres, issued by virtue of a decree rendered on tfce day of , by the Supreme Court of the United States, has this day been located by on the quarter Section No. , in Township No. , of Range No. , containing acres. , Register. e. INDEMNITY LAND SCRIP These certificates of location, issued under the act of June 2, 1858, are used precisely w. the same manner as the Supreme Court scrip. The apphcation and certificate are the same with a few verbal changes. /. REVOLUTIONARY BOUNTY LAND SCRIP. This scrip is issued by the General Land Office in satisfaction of Virginia land- warranto. li is " receivable in payment of any lands owned by the United States subject to sale at private entry," and can be applied at the rate of $1.25 per acre, in the same manner as money, in all cases where the tract applied for contains the area specified in the scrip, or more ; where it contains less, the excess of the scrip" cannot be refunded in money, but may be donated in the reUnquishment as applicable to any other tract. There is very httle of this scrip in the market. g. CERTIFICATES OF DEPOSIT. As set forth on page 22, settlers may have their lands surveyed in advance of the regular surveys by depositing the amount necessary therefor. The certificate (triplicate) may be assigned by the settler if not used in payipent of his own land, and tlie assignment need not b« sworn to, but simply indorsed on the certificate. These triplicate certificates are receivable froia any person in payment for lands taken under the preemption and homestead laws, but not fbi lands taken under any other laws. Where the amount of a certificate or certificates is less than the value of the lands taken, the balance must be paid in cash. Assignments may be made to more than one pereon. SetUers should make deposits in sums not to exceed two hundred dol- lars. These certificates can now be used only in the land district where issued. h. OTHER KINDS OF SCRIP. The other kinds of scrip heretofore named are used by speculators almost exclusively to focate valuable tracts of land that, as a rule, have been overiooked or not entered previously ihough some error or misunderstanding. Settlers therefore have no special interest in them; though they should bear in mind that unless they strictly comply with the law in the matter ©f filing their preliminary declarations, they are liable to have their improvements taken from them by speculators by the use of these several kinds of scrip. 1% THE AMERICAN SETTLER'S GUIDE. Valentine, Sioux, and Chippewa Scrips can be located on unsurveyed land that is unoccu- pied, unimproved, and non-mineral in character. Porterfield warrants, Soldiers' Additional Homestead Certificates, and Private Act Scrips in general, can be located on unoffered land aabject to Homestead Entry. Parties who wish to purchase Military Bounty Land Warrants, Supreme Court, Valentine, or other Scrips, or Soldiers' Additional Homestead Certificates, will address Editor of this Guide. See advertisement at end of book. IV. Citizenship. As aliens cannot acquire valid titles to real estate under the preemption, homestead, and other laws, the privileges of which are restricted to citizens, or those who have declared their inten- tion to become such, it is important that foreigners seeking identification with the American community should be advised of the legal steps necessary to acquire citizenship. Any free ■white alien, over the age of twenty-one years, may at any time after arrival declare before any court of record having common law jurisdiction (with a clerk or prothonotary and seal) 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 citizensliip. At the expiration of two years after the declaration, and at any time after five years' residence, the party desiring natur- alization, if t/ien not a citizen, denizen, or subject of any country at war with the United States, should appear in a court of record, and there be sworn to support the Constitution of the United States and renounce foreign allegiance. If he possessed any hereditary title or order of nobility, such also must be renounced, and satisfactory proof produced to the court by the testimony of witnesses, citizens of the United States, of the five years' residence in the country, one year of whidi must be within the State or Territory where the court is held, and that during the five- year period he was a man of good moral character and attached to the principles of the Con- stitution ; whereupon he will be admitted to citizenship, and thereby his children under twenty- one years of age, if dwelling in the United States, will also be regarded as citizens. Where the alien has made his declaration and dies before being actually naturalized, the widow and children become citizens of the United States, and entitled to all rights and privi- leges as such, upon taking the prescribed oaths. Any free white alien, being a minor, and under the age of twenty-one years at the time of arrival, who has resided in tl:e country three years next preceding his majority of twenty-one years, may, after reaching such period and on five years' residence, including the three years of his minority, be admitted to citizenship without a preliminary declaration of intentions, provided he iAen makes the same, averring also on oath and proving to the court that for tlie past three years it had been his intention to become a citizen ; also showing the fact of his resi- dence and good character. Children of citizens of the United States born out of the country are deemed citizens, the right not descending, however, to persons whose fathers never resided in the country; and any %voman who might legally be naturalized, married, or who shall be married to a citizen of the United States, is held to possess citizenship. An alien, twent}' one years and over, who enlists in the regular or volunteer army, and is honorably discharged therefrom, may be admitted to citizenship upon his simple petition and satisfactory proof of one year's residence prior to his application, accompanying the same with proof of good moral character and honorable discharge. Proof of his citizenship may be procured from any court of record having common law juris- diction, with a clerk and prothonotary and seal. It will be perceived that service alone does not secure citizenship. The petition and proof to the satisfaction of the court are essential, and citizenship thus obtained is necessary before homestead entry can be perfected. V. Presentation of Appeals. Any person making apphcation to file upon or enter a tract of public land, having complied with the law and regulations touching the presentation of such applicaUon, and feeling aggrieved by Uie refusal of the Register and Receiver to recognize his claim, or by any order, THE AMERICAN SETTLER'S GUIDE. ];; direction, or condition affecting the same, may appeal from the action of those officers to the. Commissioner of the General Land Office, who is by law invested with the supervision and control of all matters relating to the disposal of the public land, subject to the direction of the Secretary of the Interior. The decision of the local officers is final if not appealed from within thirty days. For the purpose of enabling such appeal to be taken and perfected, the Register and Receivei will indorse upon the written application the date when presented and their reasons for refusing it, promptly advising the party in interest of the facts, and note upon their records a memoran dum of the transaction. The party aggrieved \vill then be allowed thirty days from the receipt of notice of such action, within which to file his appeal to the Commissioner. The appeal must be in writing, definitely setting forth in clear and concise terms the specific points of exception to the decision appealed from, and the reason or reasons upon which such exceptions are based. Of the sufficiency of such appeal the General Land Office will be the judge, and will dis- miss from further notice any case wherein the appeal is based upon frivolous grounds, or where the proper formalities and grounds are wanting, unless, in the record itself, either of the case or upon the books of this office, some sufficient cause shall be found for further consideration under the general power of supervision vested in the Commissioner by law. Upon objection to the finding of the General Land Office regarding an appeal, the matter will be reported to the Honorable Secretary of the Interior for his direction therein. The appeal must in all cases be filed with the district officers, to be forwarded by them with a full report of the case to the General Land Office. This report should recite the proceedings had, to wit : The application and rejection, with the reasons therefor, and also the status of the tract involved, as shovra by the records of the office, together with a reference to all entries, filings, annotations, memoranda, and correspon- dence shown by such record relating thereto, so as to direct the attention of the Commissioner to all the material facts and issues necessary to a proper determination of the questions presented. No appeal from the decision of the Register and Receiver will be received at the General Land Office unless forwarded through the local officers in the manner herein prescribed. The report should be forwarded at orce upon the filing of the appeal, except in contested cases after regular hearing, when, unless all parties request its earlier transmission, it should not be made until the expiration of the tnirty days included in the notice, in order that ali parties may have full opportunity to examine the record and prepare their argument upon the questions at issue. All documents once received must be kept on file with the cases, and no papers will be allowed under any circumstances to be removed from such files or taken from the custody of the Register and Receiver ; but access to the same under proper rules, so as not to interfere with necessary public business, should be permitted to the parties in interest, under the supervision of those officers. Upon any question relating to the disposal of the public lands, appf?.l from the decision of the Commissioner of the General Land Office vnll he to the Secretary of tba Imenor (Revised Statutes, sees. 441, 2273), except in cases of interlocutory orders and decisiono, and orders for hearing, or other matters resting in the sound discretion of the Commissioner. Suca btter cases constitute matters of exception, which should be noted, and they will he ccnsiderel by the Secretary on review. The appeal is required to be made in writing, fairly and specifically stating the points of ex ception to the decision appealed from, and must be filed either with the Register and Receiver for transmission, or with the Commissioner, within sixty days from receipt, by the party or his attorney, of the notice of the decision. After appeal is filed, the fact of its receipt and pendency wll be promptly comm^inicated to the district office and to the parties, and thirty days from service of such notice will be allowed for the filing of argument on the points involved in the controversy. At the expiration of the time prest ribed, the papers and record will be forwarded to the Secretary of the Interior. All ajguments must be filed with the Commissioner within tlie time specified in the notice, in ordca i4 THE AMERICAN SETTLER'S GUIDE. K.it tbey may be referred to and considered in transmitting the case to the Secretary, if deeimed rjtpedient by the Commissioner. Examination of cases on appeal to the Secretary will be facilitated by fihng in printed form such argument as it is desired to have considered. Decisions of the Commissioner not appealed from, within the period prescribed, become final, and the case will be regularly closed. (Revised Statutes, sec. 2273.) The decision of the Secretary is necessarily final, so far as respects the action of the Executive, VI. Hovir Much Land One Person Can Take. To obtain the largest amount of land from the Government at the least cost, a party should ftrst enter 160 acres under the preemption laws (Chapter IV), which will cost $1.25 or ;S52.5o an acre; then enter 160 acres more under tlie homestead laws (Chapter III), and also make entry of 160 acres under the timber culture laws (Chapter V), where the land is naturally devoid of timber — 480 acres will thereby be secured at an average cost of about 50 cents an «cre. The usual way is to make an entry under the homestead laws, and at once another entry ander the timber culture laws, because it is cheaper to do so, and there is no delay to prove up •nder the preemption laws — 320 acres will thereby be obtained at a cost of I36 for fees and commissions — which is equal to about i r cents an acre. An entry can thereafter be made under the desert land laws of 640 acres, and one entry is allowed under each of the several laws mentioned in Chapter VI. Under the mining la>vs as many entries are allowed as a party owns legal claims. After an entry has been made under the preemption, homestead, and timber culture laws, the same person may buy as much land at public sale and private entry — also of the State government, coiporations, and individuals — as his means and inclination permit. VII. Definitions.— What Can be Done by an Agent. A Declaratory Statement is a written notice that the party making it claims certain land. He files it in the local land office, and it reserves the land for a certain length of time, according to the law under which he claims. No title or vested right is secured thereby, as it is simply a notice or warning to the world of his claim. See Forms on pages 44, 62, 63, 66, 67, 105. An Application is a written offer to purchase, describing the land and signed by the appli- cant. See pages 9, 11, 25, 27, 44, 47, 82, 106. An Entry, on the other hand, is that act whereby a tract of public land becomes private properly, when a qualified party pajrs the government officers the required fee, commission, cash or equivalent, and the certificate and receipt as evidence of the proceeding are issued in accordance with law. No person can make homestead, pre-emption, or timber culture entry by an agent; that is to «ay, an agent cannot sign tlie applicant's name nor swear to the necessary papers. A claimant cannot make such entry except when within the limits of the land district wherein the desired land is situated. Entry papers after being properly prepared may be presented at the local ofiice by an agent, and the fees and commissions may be paid by the agent. A Declaratory Statement may be filed under the Soldiers' and Sailors' Homestead Law, but ■ot under the other homestead laws. Agency is recognired in making and filing such De- claratory Statement. See pages 44, 62, 63. A pre-emiTtion Declaratory Statement cannot be signed by an agent. See pages 66, 67. The only other law under which a declaratory statement is allowed is the Coal Land law. See page 105. Under the Desert Land Law, is a declaration of proposed reclamation. See page 108. An agent cannot make either of these (except in case of a corporation.) From the above it will be seen that an agent or attorney can do but little more than assist a settler. A party must go to the land he desires, and settle upon and cultivate it personally «nder the pre-emption and homestead laws. Under the timber culture law the claimant after making the entry may leave the entered land in charge of an agent to cultivate and let •at the trees. But the claimant is held responsible for the proper care of the trees, and hu oatry will be liable to contest if the law is not complied with. CHAPTER 11. UNITED STATES SYSTEM OF SURVEYS. How to Find a Tract of Land. Tlie beginning or initial point for the surveys within a given surveying district having beeo determined upon, a principal base line (see diagram, line A B,) is surveyed on a true par- allel of latitude east and west therefrom. The principal meridian (see diagram, line C D,) is extended due north and south of the same point. The law requires that the meridionnj lines shall be nm on the true meridian; therefore, in order to counteract the error thai would otherwise result from the convergency of meridians as they run to the north pole, and also to check errors arising from inaccuracies in measurements on meridian Unes, standard parallels or correction lines (see diagram, lines E F and G H,) are run and marked at every four townships, or twenty-four miles, north of the base, and at every five townships, or thirty miles, south of the same. Guide meridians (see diagram, line I K,) are next surveyed at intervals of eight ranges, or forty-eight miles, east and west of the principal meridian, starting nortli of the base, in the first instance, from that line, and closing on the first standard north; then starting from the first standard, and closing on the ^econd standard north, and so on. South of the base line the guide meridians start from the first standard south and close on the base line ; then starting from the second standard and closing on the first stnnda»d, and, again, starting from the third standard and closing on the second, and so on. The closing corners on the base line and standard parallels are established at the inter- section of the meridional lines therewith, thus, owing to the convergency of meridians, occasioning a double set of comers on those lines, which are designated as "standard coiners" and "closing comers." In lUgged mountain regions it has been found necessary to depart somewhat from the regular system of extending the standard hues, owing to tlie imprac- ticability of surveying them in place. Under these circumstances, the principal lines are run and marked in localities admitting of the extension, by means of offsets on township lines, marking them as such in the field. The parallelograms formed by the base line, principal meridian, standard parallels, and guide meridians, twenty-four by forty-eight miles in extent, north of the base line, and thirty by forty-eight miles south of the base, constitute the frame-work of the rectangular system orf" surveys. These parallelograms are each subdivided into townships six miles square, containing, as near as may be, 23,040 acres, and again each township is subdivided into thirty-six sections one mile square, containing, as near as practicable, 640 acres each. The sections of one mile sqiare are the smallest tracts the out-boundaries of which the law requires to be actually sur veyed. Their minor subdivisions are defined by law, and the surveyors-general, in protracting icvTnship plats from the field-notes of sections, designate them in red ink, the lines being imaginary, connecting opposite quarter-section comers, thereby dividing the section into four quarter-sections of 160 acres, and these, in their turn, into quarter-quarter sections of 40 acres each, by imaginary lines starring from points equidistant between the section and quarter- section corners, and mnning to opposite corresponding points. These imaginary lines may at any time be actually sur^'eyed by the county surveyor at the expense of the settler. The sections in each township are numbered, beginning in the north-east comer, from I t* 36 inclusive, as shown in the township plat on the next page. Sections 16 and 36 are called •diool sections, and if agricultural belong to the State or are reserved in a Territory, for school CIS) A TOWNSHIP. North. 6 5 4 3 2 'IZ 7 8 9 10 " 12 i8 17 i6 15 .4 13 19 20 21 22 23 24 30 29 28 27 26 25 31 3* 33 34 35 36 Ifl THE AMERICAN SE'ITLER'S GUIDE. purposes. They can only be bought at the State Land Office, unless they contain minerals of were settled upon prior to survey, when they are sold at the United States Land Office. The sections on the northern and western boundaries of a township are fractional, i. e., they do not contain exactly 640 acres. The small fragments are called Lots, and are numbered from I upwards in each section. Fre- quently sections in the interior are fractional on account of lakes, res- — I ervations, and other causes. HOW TOWNSHIPS ARE NUMBERED. A tier of townships runiung north and south is called a range, and each range is numbered as it is east or west of the Piincipal Meridian. Each township is also numbered as it is north or south of the Base Line. A glance at the diagram on the following page will illustrate the method of distinguishing town- ships. 5 N means a fifth township north of the base line. 2 S means a second township south of the base line. 5 E means a township in range 5 east of the Principal South. Meridian. 2 W means a township in range 2 west of the Principal Meridian. Hence the township in the extreme northeast comer of the Diagram is Township 5 North of Range 8 East. The Principal Meridian is iKimed, if otherwise there is a possibility of mistake. The 40-acre tract in the extreme south- west comer of sdiool section 16 in thesame township would be described thus: The south- west quarter of the south-west quarter of section 16, in Township 5 north, of Range 8 East (Mount Diablo Meridian, California), in figures, it would be written S. W. %, S.W. %, Sec. 16, T. 5 N., R. 8 E., M. D. M. Where would you find the following tract? N-E. %, S. E. %, Sec. I, T. 2 S, R. 6 E.— Ans. It is marked on the Diagram with ai^, and on the Towiv- ship plat with a square. » HOW TO TELL CORNERS. The following extracts from the Manual of Surveying Instructions illustrate the manner of establishing the comers of the public surveys : MANNER OF ESTABLISHING CORNERS BY MEANS OF POSTS. Township, sectional or mile comers, and quarter sectional or half mile comers, will be per- petuated by planting a post at the place of the comer, to be formed of the most durable wood of the forest at hand. The posts must be set in the earth by digging a hole to admit them two feet deep, and most be very securely rammed in with earth, and also with stone, if any be found at hand. The portion of the post which extends above the earth must be squared off sufficiently smooth to admit of receiving the marks thereon, to be made with appropriate marking irons, indicating what it stands for. Thus the sides of township corner posts should square at least four inches, (the post itself being fve inches in diameter,) and must protrude two feet at least, above the ground ; the sides of section corner posts must square at least three inches, (tlie post itself bemg four inches in diameter,) and protrade two feet from the ground ; and the quarter sec- tion corner posts and meander corner posts must be three inches wide, presenting ^attetuJ mu- Amcs, and protruding two feet from the ground. THE AMERICAN SETTLER'S GUIDE. DIAGRAM niustrating the frame-work of Public Surveys in the United States. JBtth t> J i T 1 ■i ' 72 - SJY. 4B. SE. iW IB. jt _ JS. IE, srs. IE. am 5S. J\ c A. IB — Principal Base. C 2> — Principal Meridian. E i?'— First Standard Parallel North (or Correction Line). JET— First Standard Parallel South. 1 .K— First Guide Meridian East. 18 THE AMERICAN SETTLER'S GUIDE. r Where a township post is a comer common to /our townships, it is to be set in the earth diagonally, thus : On each surface of the post is to be marked tlie number of the particular township and its range, which it faces. Thus, if the post be a common boimdary to four townships, say one and two, south of the base hne, of range one, west of the meridian; also, to townsliips one and two, south of the base line, of range two, west , of the meridian, it is to be marked thus : (R. iW.) fiW.-) FromN.toE.^T. iS >FromE. toS.-^ 2S. > P-lwj }5w.{ FromN.toW.^ iS. ^FromW.toS J 2S. V I 36 J li j These marks are not only to be dis- tinctly but neatly cat into the wood, at least the eighth of an inch deep ; and to make them yet more conspicuous to the 3 eye of the anxious explorer, the deputy must apply to all of them a streak of red chalk. Section or mile-posts, being comei-s of sections, and where such are common to four sec- tions, are to be set diagonally in the earth (in the manner provided for township comer posts), and on each side of the squared surfaces (made smooth, as aforesaid, to receive the marks) js to be marked tlie appropriate 7iumber of the particular oije of the four sections, respect- vely, which such side /«<:«/ also, on one side thereof are to be marked the numbers of its tomnship 2x1^ range ; zmA io mzk& sv.c\i . — . marks yet more conspicuous in manner I -^^ I aforesaid, a streak of red chalk is to be applied. Opposite is represented a comer mound common to two townships or two sections only. In every township, subdivided into thirty-six sections, tliere are twenty-five ^'^^ mtenor section corners, each of which will be comtnon io four sections. A quarter section, or half-mile post, is to have no other mark on it than ^ S., to indicate what it stands for. NOTCHING CORNER POSTS. Township comer posts, common to Vfu. four townships, are to be notched with six notches on each of tlie four angles of the squared part set to the cardinal points. All mile posts on township lines must have as many notches on them, on two opposite angles thereof, as they are miles distant from the tovmship comers, respectively. Each of the posts at the comers of sections in the interior of a township must indicate, by a number of notches on each of its four comers directed to the cardinal points, the corresponding number of miles that it stands from the outlines of the township(»). The four sides of the post will indicate i the number of the section they respectively face. Should a tree be found at the place of ajiy 1 (•) Only on two edges in survey* made since 1864. See page 25. THE AMERICAN SETTLER'S GUIDE. 1V» comer, it will be marked and notched as aforesaid, and answer for tlie comer i the land of tree and its diameter being given in the field-notes. heu of a post, BEARING TREES. [^ The position of all comer posts, or comer trees, of whatever description that may be estab- lished, is to be evidenced in the following manner, viz : From such post or ti'ee the course must be taken and the distances -measured to two or more adjacent trees in opposite directions, as nearly as may be, and these are called " bearing trees." Such are to be distinguished by a large smooth blaze, with a notch at its lower end, facing the comer, and in the blaze is to be marked the number of the range, tow7tship, and section; but at quarter-section comers nothing but ]^ S. need be marked. The let- ters B. T. (bearing tree) are also to be marked upon a smaller blaze directly under the large one, and as near the gi'ound as practicable. At all township comers, and at aU section comers, on range or township lines, four bearing trees are to be marked in this manner, one in each of the adjoining sections. At interior section corners four trees, one to stand within each of the four sections to which such comer is common, are to be marked in manner aforesaid, if such be fpund. A tree supplj-ing the place of a comer post is to be marked in the manner directed for posts, but if such tree should be a beech, or other smooth bark tree, the marks may be made on the bark, and the tree notched. From quarter section and meander comers two bearing trees are to be marked, one within each of the adjoining sections. CORNER STONES. Where it is deemed best to use stones for boundaries, in Ueu of posts, surveyors may, at any comer, insert end^\■ise into the ground, to the depth of 7 or 8 inches, a stone, the number of cubic inches in which shall not be less than the. number con- tained in a stone 14 inches long, 12 inches wide, and 3 inches thick — equal to 504 cubic inches — the edges of which must be set north and south, on noilh and south lines, and east and west, on east and west lines ; the dimensions of each stone to be given in the field-notes TOWNSHIP CORNER STONE. SECTION CORNER STONE, at the time of cstabUshing the corner. The kind of stone should also be stated. MARKING CORNER STONES. Stones at township comers, common to four townships, must have six notches, cut with a pick or chisel on each edge or side toward the cardinal points ; and where used as section comers on the range and township Unes, or as section comers in the interior of a township, they will also be notched, to correspond with the directions given for notcliing posU amilarly siteiated 20 THE AMERICAN SETTLER'S GUIDE. Posts or stones at township comers on the base and standard lines, and which are commoE to two townships on the north side thereof, will have six notches on each of the wesf, north, and east sides or edges; and where such stones, or posts are set for comers to two townships south of the base or standard, six notches will be cut on each of the west, south, and east sides or edges. Stones when used for quarter section corners, will have ^ cut on them — on the west side on north and south lines, and on QUARTER SECTION CORNER STOKB. SECTION CORNER, thc north sidc OH cast and west lines. MOUNDS. Whenever bearing trees are not found, mounds of eartti, or stone, are to be raised around posts on which the comers are to be marked in the manner aforesaid. Wherever a mound of earth is adopted, the same will present a conical shape. Prior to piling up the earth to construct a mound, there is to be dug a spadeful or two of earth from the comer boundary point, and in the cavity so formed is to be deposited a marked stone, or a portion of charcoal (the quantity whereof is to be noted in the field-book) ; or in lieu of charcoal or marked stone, a charred stake is to be driven twelve inches down into such centre-point ; either of these will be a witness for the future, and whichever is adopted, the fact is to be noted in the field-book. When mounds are formed of earth, the spot from which the earth is taken is called the "pit" the centre of which ought to be, wherever practicable, at a uniform distance and in a uniform direction from the centre of the moimd. There is to be a " pit" on each side of every mound. At meander comers (■) the " pit" is to be directly on the line, eight links further from the water than the mound. Wherever necessity is found for deviating from these rules in respect to the " pits," the course and distance to each is to be stated in the field-books. Perpetuity in the mound is a great desideratum. In forming it with light alluvial soil, the surveyor may find it necessary to make due allowance for the future settling of the earth, and thus making the mound more elevated than would be necessary in a more compact and tena- cious soil, and increasing tlie base of it. In so doing, the relative proportions between the township mound and other mounds are to be preserved as nearly as may be. The earth is to be pressed down with the shovel during the process of pUing it up. Mounds are to be covered with sod, grass side up, where sod is to be had ; but, in forming a mound, sod is never to be wrougJit up with the earth, because sod decays, and in the process of decomposing it will cause the mound to become porous, and therefore liable to premature destruction. POSTS IN MOUNDS. Must show above the top of the mound ten or twelve inches, and be noticed and marked precisely as they would be for the same comer without the mound. WITNESS MOUNDS TO TOWNSHIP OR SECTION CORNERS. If a township or section comer, in a situation where bearing or witness trees are not found within a reasonable distance therefrom, shall fall within a ravine, or in any other situation where the nature of the ground, or the circumstances of its locality, shall be such as may prevent or prove unfavorable to the erection of a mound, you will perpetuate such comer by selecting, in the immediate vicinity thereof, a suitable plot of ground as a site for a bearing or witness mound, and erect thereon a mound of earth in the same manner and conditioned in every respect, with charcoal, stone, or charred stake, deposited beneath, as before directed ; and measure and state in your field-book the distance and course from the position of the true comer of the or witness mound so placed and erected. (') For meandering navigable streams, see page 22. THE AMERICAN SETTLER'S GUIDE. 21 :oc'j:ble Land Owner, Vol. 6, p. 83. (25) 36 THE AMERICAN SETTLER'S GUIDE. The party must present the following afSdavit: Land Office at , (Daif) , i8— . I, , of , having filed my amplication. No. , for an entry under Section 2289 of the Re- vised Statutes of the United States, do solemnly swear that [here state whether the applicant is the head of a bmily, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such ; or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Na\-y of the United States during actual war; that said application. No. , is made for his or •icr exclusive benefit ; and that said entry is made for the purpose of actual settlement and cultivation, and not, Jirectly or indirectly, for the use or Ijcnefit of any other person or persons whomsoever], and that I have not Heretofore had the benefit of the homestead laws. Sworn to and subscribed, this day of , before , Regiiter [or Receiver]. He must thereupon pay the legal fee and that part of the commissions which is payable when tlic entry is made, as given in tlie tables below : For homestead entries on lands in Michigan, Wisconsin, Iowa, Missouri, Minnesota, Kansas, Nebraska, Dakota, Alabama, Mississippi, Louisiana, Arkansas, and Florida, commissions and fees are to be paid according to the following table. Fee. Class Total Acres, of land. Payable w^en Payable when Payable when paid. entry ts made. certificate issues. entry is made. 160 $2 50 $^ 00 ^8 00 $\o 00 I26 00 80 2 50 4 00 4 00 5 00 13 00 40 2 50 2 00 2 00 S 00 9 00 160 I 25 4 00 400 10 00 18 00 80 I 25 2 CHD 2 00 5 00 9 00 40 I 25 I 00 I 00 5 00 7 00 In addition to the States and Territories above named, the same rates will apply to Ohio, Indiana, and Illinois, if any vacant tracts can be found liable to entry in these three States, where but very few isolated tracts of public land remain undisposed of. All entries in these last-named States are made at the General Land Office in Washington. In the Pacific and other political divisions, viz. : on lands in California, Nevada, Oregon, Colorado, New Mexico, and Washington, and in Arizona, Idaho, Utah, Wyoming, and Mon- tana, the commissions and fees are to be paid according to the following table : Commissions. Fee. Total * of land. Payable w/ien. Payable when Payable when paid. entry is made. certificatel^vAs. entry is made. 160 $2 50 t>\2 00 %\2 00 %\o 00 ^34 00 80 2 50 6 00 6 00 500 17 CX5 40 2 50 3 00 3 00 5 00 II 00 160 I 25 6 00 6 00 10 00 22 00 80 I 25 3 00 3 00 5 00 II 00 40 I 25 I 50 I 50 5 00 8 00 Where the applicant has made actual settlement on the land he desires to enter, but is pre- vented by reason of bodily infirmity, distance, or other good cause, from personal attendance at the district bind office, the affidavit may be made before the clerk of the court for the county within which the land is situated. In this affidavit it must be shown that the party's family or some member thereof is residing upon the land, and that a bona fide settlement and improve- ment have been made thereon. The cause of the applicant's inability to be present at the land office must be satisfactorily shown. THE AMERICAN SETTLER'S GUIDE. 2\ ADJOINING FARM HOMESTEADS. An applicant owning and residing on an original {a.rm, may enter other land lying con- tiguous thereto, which shall not, wdth such farm, exceed in tlie aggregate 1 60 acres. Thus, for example, a party owning or occupying 80 acres may enter So 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 ;gi.25 per acre, or of land held at $2.50 per acre, where 160 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 («). In applying for an entry of this class, the party must make affidavit, as follows, describing the tract which he owns and upon which he resides as his original farm : AFFIDAVIT. Land Office at , (Daie) , 18—. I, , of , having filed my application No. , for an entry under the provisions of the Act of Congress approved May 20, 1862, entitled, "An Act to secure homesteads to actual settlers on the puhlic domain," do solemnly swear that , [here state whether the applicant is the head of a family, or over twenty-one years of age ; whether a citizen of the United Sutes, or has filed his declaration of intention of becoming such, or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war;] that said entry is made for my own exclusive benefit, and not directly or indirectly for the benefit or use of any other person or persons whomsoever; neither have I heretofore perfected or abandoned an entr>' made under this act ; that the land embraced in the said application No. is intended for an adjoining farm homestead, that I now own and reside upon, an original farm contain- ing acres, and no more ; that the same comprises the of section , township , range , and is contiguous to the tract this day applied for. Sworn to and subscribed this day of before 0/ tke Land Offici On compliance by the party with the foregoing requirements, relating to an original or adjoining farm homestead, the receiver will issue his receipt for the fee and that part of the commissions paid, as follows, a duplicate of which he will deliver to the party : Receiver's Receipt, No. . Application No. . HOMESTEAD. Kechiver's Office, , {Date) , i&- . Received from , of county, , the sum of dollars and cents, being the aroouM of fee and compensation of register and receiver for the entry of of section in township ——, of range , under section , Revised Statutes of the United States. , Receiver. ENTRIES UNDER LAW OF MARCH 3, 1879, AND MAY 6, l886(»). Any person who has under existing laws taken a homestead on any even section within the limits of any railroad or military road land grant, and who hy existing laws shall have beem restricted to 80 acres, may enter under the homestead laws an additional 80 acres adjoining the land embraced in his original entry, if such additional land be subject to entry, without payment of fees and commissions. The residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional entry, and shall be deducted from the five years' residence required by law. This additional entry is not like a soldier's additional entry which can be made anywhere upon land subject to homestead entry, but is restricted to a tract adjoining the land previously entered. These acts of Congress are virtually of no value whatever to settlers. Upon any party proposing to enter such axiditional tract, the Register and Receiver will require him to make homestead application and affidavit according to annexed forms : ADDITIONAL HOMESTEAD. — ACT OF MARCH 3, 1 879. Application 1 Land Office at -, CATION 1 No. . ; (Date) ■ I, , of , do hereby apply to enter, under the act of March 3, 1879, the — of m«iJ«' , in towaship , of range , containing acres, as additional to my entry No. , for the of , section , in township , of range . (») General Land Office Instructions, March 1, 1884, p. 19, and July a6, 1886. j3 THE AMERICAN SEITLER'S GUIDE. Land Offici at , (Date) , i8— . 1/ ^ Register of the Land Office, do hereby certify that the above application is for surveyed lands, of tiic class which' the applicant is legally entitled to enter under the act of March 3, 1879, and that there is no "raior valid adverse right to the same. , Register. ADDITIONAL HOMESTEAD. — ACT OF MARCH 3, 1 879. affidavit. Land Office at —, (Date) , iB— . I, ,of , having filed my application. No. , for an entry under the Act of March 3, 1879, do solemnly swear that [here state whether the applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such; or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war]; that said application No. is m.ide for my exclusive benefit; and that said entry is made for the purpose of actual settlement and cultivation, and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever, and that I have not heretofore had the benefit of said act. Sworn to and subscribed, this day of , before , Register [or Receiver']. In this class of entries the party, if still resident on the original entry tract, will not be re- quired to remove therefrom to the additional entry tract in order to make a new residence on the latter, as tlie two forming one body of land, residence on either will be regarded as satisfy- ing the legal requirement ; but in making final proof on the additional entry, the party must show such residence, with occupancy and cultivation of the tiact taken as additional for five years from the date of entry thereof, less the time to be deducted on account of residence and cultivation on the original entry. Sliould the person so elect he may, instead of making an additional entiy, surrender his existing entry to the United States for cancellation, and thereupon be entitled to enter lands ■«nder the homestead laws the same as if the surrendered entry had not been made, with the same provisions, as regards fees and commissions not being required, and requiring settlement and cultivation, occupation and residence, as have been already slated with regard to additional entries. In case of any party electing to surrender his entry under this act, the Register and Receiver will receive his relinquishment in the usual form, which shall specify for what purpose made, and be accompanied by the duplicate receipt issued for the relinqui-ahed entiy, or by a statement under oath showing a good reason for its absence. Any party claiming the right to make an additional entry or to sunender an old and make a new one, will be required first to make affidavit that he did not serve as a soldier or sailor for ninety days during the late civil war and receive an honorable discharge from the Army or Navy ; for if so, he would not be entitled to the right claimed, as the class of persons who so served and were discharged M-ere not restricted to eighty acres under the previously existing laws, as indicated below. This affidavit may be made before any officer using a seal and antliorized to administer oaths, or before the Register or Receiver of the district office. INDIAN HOMESTEADS. Indians who have abandoned their tribal relations and adopted the habits and pursuits of dvilized life are allowed to make homestead entries. Special forms are provided in such cases. RULINGS. Below will be found abstracts of decisions made by the Interior Department and the General Land Office on applications to enter land under the homestead acts: A single woman who makes an entry under the homestead laws does not forfeit her rights by marriage, provided the requirements as to settlement and cultivation are complied wilh("). A married woman deserted by her husband made a homestead entry and provided means for improving and cultivating the land embraced therein. Notwithstanding her husband's return, ■he will, upon making satisfactoty final proof, receive the patent in her own nameC"). The marriage of a woman to a Mormon, who has a wife living from whom he is not di- rt W. H. Werdclange, Land Gutter, Vol. i, p. 3. (i>) Ella Nelson, Land Owner, Vol. i, p. 4. THE AMERICAN SETTLER'S GUIDE. 2n voiced, does not make her the legal wife of such person, so as to disqualify her from enterin; public l-^nds. But where such polygamous wife allows her pretended husband to control hex acts, and maintains her marital relations with him, she cannot be allow^ to make an entry of public lands, where the laws governing the same require that the entry must be made foi the exclusive use and benefit of the apphcant(»). An abandoned wife is regarded as the head of a family, and her rights will receive due consideration. When she and her children are still residing upon the homestead entered by her absent husband, the entry cannot be cancelled for abandonment C"). A woman may commute her deceased husband's entry and receive a patent in her own name, and afterwards may make another homestead entry in her own right ("). The entry of a minor, rot the head of a family, is void, and does not exclude him froix* making a legal entry on attaining his majority(*). Orphan children of other than deceased Union soldiers and sailors, whose widows are dead or married, cannot make homestead entries through guardians(*). A homestead entry cannot be made for an " incompetent" person by his guardian^). It is no part of the duties of the registers and receivers of the United States Land Offices to make out applications for homestead or pre-emption settlers(8). In cases of simultaneous applications to enter under the homestead laws, the rule is as follows : 1. Where neither party has improvements on the land, it should be sold to the highest bidder. 2. Where one has actual settlement and improvements, and the other none, it should be awarded to the actual settler. 3. Where both allege settlement and improvements, an investigation must be had, and the land be awarded to him who shows the prior actual settlement and substantial improvements, so as to be notice on the ground to any competitorC). In case of death of homestead settler, leaving no widow or children, the legal heirs may commute or continue residence ; the final papers will then be made out in the name of " the heirs." The heirs would not be debarred thereby from making each a homestead entry in his own name('). A party who neglects to examine the character of land entered by him under the homestead laws must suffer the consequences. He cannot be allowed to make another entry(J). Where a homestead claimant's land has become totally valueless for farming purposes by reason of the overflow or back water of a river, he will be allowed to make another homestead entry, with credit for fees and commissions. In the event of a new homestead entry, he will be required to show compliance with the law as though he had made no previous entry(*). An application handed to the Receiver after office hours on the street, without the fee, is not a legal application ('). Land appropriated for any public use is not subject to entry under the Homstead Laws. The appropriation of land by the Government is setting it apart for some particular use, as Congress set apart: the land embraced in the Hot Springs reservation (°>). A homestead entry becomes effective only when made at the local office, and not when the affidavit is taken before a county clerk. The only benefit derived from settlement is the privi lege in certain homestead cases of making the required affidavit before the county clerk(»), (») Lyoas vs. Stevens, Land Owner, Vol. 6, p. 107. (*) Thompson vs. Anderson, Land Owner, Vol. 6, p. 125. (•)Adolphine Hedensky, Land 0'!uner,Vo\. 2, p. 83. (*) Thomas Thompson, Land Owner, Vol. i, p. 99- M. S. Woodford, Land Owner. Vol. 6, p. 125. Roo> Pt. Smith, Land Owner, Vol. 6, p. 45. (•) J. A. Balch, Land 0-wner, Vol. i, p. 149- O W. R. Ledford, Land Oivner, Vol. 5, P- 165. W T. C. Shapleigh, Land Owner. Vc!. S- P- '47- C") Helfrich vs. King. Land Owner. Vol. 3, PP- '9, «64- 0) R. J. Simonson, Land Owner, Vol. i, p. 35- W J- O. Nightingale, Land Owner, Vol. 4, P- 146. (k) H. J. Johnson, Land Owner, Voi. 4, P- Si. 0) Gregory vs. Kirtland, Copp's Public Land l^ws. p. «8. (-)Hot Springs Reservation, I^n^l Owner. Vol. a p. 100 '")0 7e".-nhorst. Land Owner, Vol. i. p 139. ■]0 THE AMERICAN SETTLER'S GUIDE, WTiere notices of cancellation of entries are received at the local office after business hours, the land embraced tlierein is not subject to entry or filing until the usual opening hour on the following moming(<^. Tlxe right to tax lands of tlie United States, entered under the homestead laws, does not accrue to the State until the expiration of the period of residence and cultivation, and until the final proof required by law shall have been made and approved, and the final homestead cer- tificate issued C"). Where a second contest was initiated prior to the determination of a prior contest, and th'- homestead entry in question was cancelled as a result of the first contest, the second contestant has no preference right of entry should the first contestant fail to make entry. The land in that case would be open to the fiist legal appIicantC). After lands have been offered at public sale and then withdrawn, drey may be restored to Lomestead and preemption entry. Until Uiey have again been offered at pubhc sale, they are Bot suoject to private entry(*). Where the quantity of land sought to be entered is eighty acres and a fraction of an acre more, /. e. is less than eighty-one acres, the fee required is only $5.00 — not $io.oo[^). A party cannot initiate a homestead claim to land covered by an uncancelled prior home- stead entry (f). b. RESIDENCE AND CULTIVATION. By making an entry an inceptive right is vested in the settler, and his final title depends on liis residence upon and cultivation of Uie land embraced in his claim. This residence and cultivation must continue Jive years unless he was a soldier or sailor in the late war (See Soldiers' and Sailors' Homesteads) ; or if he prefers to pay for his land, as at private entry, he may after six months' settlement and cultivation make the necessary proof. This early payment is called commuting a homestead entry. (See Final Proof and Commu- tation.) The refusal of the wife to live on a homestead, provided the husband comphes with tiie law, will not injure his rights(s). A man and woman, after making each a homestead entry, may marry without invalidating tlieir rights, if the law is complied with as to residence and cultivation. Either homestead may, if they choose, be commutedC). Where a man and woman marry after each has made a homestead entry of adjoining land, they may live in a house built on the dividing fine between the two homesteads('). Residence in a double house, built on the dividing line between adjoining homesteads, is residence in compliance with the law(J). Afler a homesteader has completed the term of five years, a furtiier residence is not required to entitle him to patent("). Residence for the period of five years from date of entry on the tract claimed is a compliance v-nih the Homestead Law; but the question of such residence may under proper restriction be investigated at any time before issuance of patent('). Where a homestead claimant has failed to comply with the law in the matter of residence, he may, where he has been prevented by circumstances beyond his control, and his good faith IS evident, be allowed additional time to comply therewdtliC"). The homestead entry of a party who failed to establish permanent and exclusive residence (•) George Noble, Land Owner, Vol. 2, p. 34. 0>) W. C. Mc-ins, Land Owner, Vol. 2, p. 148. George Bates, Land Owner, Vol. i, p. 155. E. E. Zitoun. Land Owner, Vol. 2, p. 155. J. H. Merritt, LaTui Owner, Vol. 5, p. 147. C) Bennett vs. Collins, Land Owner, Vol. 8, p. 172. (d) Thomas Holland, Land Owner, Vol. 4, p. 44. (•) Alcide Guidney, Land Owner, Vol. 8, p. 157. (f) B. W. Wilson, Z^nd Owner, Vol. x, p. 114. (<) O. A. A. Gardiner, Land Owner, Vol. i, p. 92. (h) A. J. Buckland, Land Owner, Vol. 4, p. 107. (') A. C. Sowle, et al.. Land Owner, Vol. 6, p. 93. (J) W. S. Headlee, Land Owner, Vol. i. p. ji. (V) Joseph Fisher, Land Owner, Vol. i, p. 51. (l) Web;.- vt. Gourley, Land 0-wner, Vol. 3, p. 19. l">) Adam Licklider, Land Otvne? V.^1 .(, p t^it THE AMERICAN SETTLER'S GUIDE. 3) on the tract until three and one-half years after date of entry, should be held ia abeyance until the expiration of hve years from settlement, and his case be submitted to the Board of Equitable Adjudication, established to determine in what cases patents shall issue where tire law has beeu substantially complied \sith(*). A party who enters a homestead and attempts to acquire title thereto by going upon the land and remaining over night once or twice in six months, fails to establish a legal residence ; and where it is shown that such* failure to comply -with the provisions of the law was not the result of ignorance or of uncontrollable circumstances, the entry should be cancelled^). Such cases as the above should not be submitted to the Board of Equitable Adjudicatiou. Cases going before this Board are hmited to those in which the good faith of the claimant appears unquestionable (Ibid). A party while having an actual residence on his claim, may work elsewhere for otlier people a few weeks at a time. An entry is hable to be cancelled for failure in respect to residence, and the land given to some one else. Residence is not required on an "Adjoining Farm Homestead." There must be continued residence on the original farm, however, and use of the additional land in con- nection therewith. \\Tiere a homestead settler dies before the completion of his claim, the widow, or in case ol her death, the heirs, may continue settlement or cultivation, and obtain title upon proper proof at the right time. If the widow proves up, the title passes to her; if she dies before proving up, and the heirs make tire proof, the title will vest in them. \Vhere both parents die, lea\'ing infant cliildren, 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 setdement or cultivation for the prescribed period. The law is substantially complied with by continual cultivation for the period of five years by Jie heirs or devisee, personal residence not being required in their case(''). The sale of a homestead claim by the settler to another party before completion ot title is not recognized, and vests no title or equities in the purchaser. In making final proof, the settler is by law required to swear that no part of the land has been aUenated, except for church, cem etery, or school purposes, or the light of way of railroads. C. AMENDMENT. "WTiere a partj desires to amend his homestead papers on the ground that they do ntt describe the tract he intended to apply for and has actually settled upon, he must with his apphcation for amendment send to the Register and Receiver an afiSdavit sustained by tire aifida\'it of two witnesses, wherein he sets forth that he had within six months from date of original apphcation actually settled on the described tract, and give in full the character of the improvements made. Where a party desires the cancellation of his entry on account of a prior legal claim having attached to the land so entered, he must send with his application an affidavit, corroborated as before by two witnesses, showing number, date, and nature of tiie prior claim, and Uie extent of the improvements, if any, which may have been made("*). A homestead party whose entry is cancelled in part for conflict, may retain the remaind« and amend his entry to embrace a contiguous vacant tract, not to exceed the quantity in liia original entry(«). A claunant has a right, to obtain the correction of a clerical error in his entry papers, miv describing the land settled upon and cultivatedC). (») Thorsten OUen, Land Owner, Vol. 5, P- "7- C) Byrne w- Catlin, Land Oumtr, Vol. s, P- «46. (<^ Dorame vs. Towers, Land Ovjner, Vol. 2, p. 131. (d) General Land Office Instructions, Copp's Public Land Laws, p, 239. (■^ Thomas C. Marks, Copp's Public Land Lajrs, P- 240. (*) Jefferson Ne\%comb, Land Owner, Vol. 2, p. 162 8S THE AMERICAN SETTLER'S GUIDE. CIRCULAR IN RELATION TO CHANGES OF ENTRY. The following circular of instructions from the General Land Office is so full and expUdt ttiat it is given at length : Department of the Interior, General Land Office, Washington, D, C, August 8, 1878. Th Registers and Receivers of U. S. Land Offices. Gentlemen : In order to secure uniformity in proceedings upon applications for Change of Entry, attention is called to the following sections of the Revised Statutes and accompanying instructions : SEcnoN 2369. In every case of a purchaser of public lands, at private sale, having en- tered at the land office a tract different from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application for that purpose to «he Register of the land office, and if it appears from testimony satisfactory to the Register and Receiver that an error in the entry has been made, and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at comers of the tract of land ; or that it has in any other wise arisen from mistake or error of the surveyor, or officers of the land office, the Register and Receiver shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purchase of other lands in the same district, or credited in the payment for other lands which have been purchased at the same office. Section 2370. The provisions of the preceding section are declared to extend to all cases where patents have been issued, or may hereafter issue ; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a relin- quishment of title thereon, executed in a form to be prescribed by the Secretary of the Interior. Section 2371. The provisions of the two preceding sections are made applicable in all respects to errors in the location of land-warrants. Section 2372. In all cases of an entry hereafter made of a tract of land not intended to be entered, by a mistake of the true numbers of the tract intended to be entered, where the tract thus erroneously entered does not in quantity exceed one-half section, and where the certificate of the original purchaser has not been assigned, or his right in any way transferred, tl>e purchaser, or, in case of his death, the legal representatives, not being assignees or trans- ferees, may, in any case coming within the provisions of this section, file his own affidavit, with such additional evidence as can be procured, showing the mistake of the numbers of the tract, intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the Register and Receiver of the land district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion, both as to the existence of the mistake and the credibility of each person testifying thereto, to the Commissioner of the General Land Office, who, if he be en- tirely satisfied that the mistake has been made, and that every reasonable precaution and ex- ertion had been made to avoid it, is authorized to change the entry and transfer the payment from the tract erroneously entered to that intended to be entered, if unsold ; but if sold, to any other tract liable to entry ; but tlie oath of tlie person interested shall in no case be deemed sufficient, in the absence of other coiToborating testimony, to authorize such change of entry ; nor shall anything lierein contained affect the right of third persons. It will be observed that section 2369 is intended to afford relief to purchasers of public lands at private sale whose errors in entries have been occasioned by the original incorrect marking by the sur\'eyor, or by the subsequent change or obliteration of those marks, or by any other error originating either with the surveyor or the land officers. Section 5350 extends the foregoing provision to cases where patents have been or may be THE AMERICAN SETTLER'S GUIDE. jjg Section 2371 extends the provisions of both the preceding sections to errors in the locatiou of land warrants. Section 2372, further extending these provisions, applies to all classes of entries, and also mbraces cases where the eiTor was not occasioned by any act of the surveyor or of the land officers, but restricts changes of entry to cases in which the tract erroneously entered does not m quantity exceed one-half section, and where the certificate of the original purchaser has not been assigned or his right in any way transferred. Change of entry may therefore be allowed in accordance with these provisions, in respect lo either of the following classes of cases, viz. : Purchases at public sale. Private entries. Pre-emption entries. Military bounty land-warrant locations. Scrip locations, etc. A change of entiy, when allowed, will be made from the tract erroneously entered to that intended to have been entered, if vacant ; but if not vacant, the change may be made to any other tract liable to entry. APPLIC.\TION !^)R CHANGK OF ENTRY. The application must, in all cases, be made by the party making the original entry, or, in ca.se of his death, by his legal representatives, not being- assignees or transferees. The applicant must file an affidavit showing the nature and particular cause of the error, and that every reasonable and proper precaution had been used to avoid it, accompanied by the best corroborative testimony that can be procured. The oath of the party interested is not of itself sufficient. The affidavit must also show that the land enoneously entered has not been transferred or otherwise encumbered. This evidence, together with your joint opinion as to the existence of the mistake, and the credibility of each person testifying thereto, will be forwarded for the decision of this office. Where a patent has not been issued, you will require the surrender of the duplicate receipt, or certificate of location (as the case may be), accompanied by the affidavit of the party that he has not sold, assigned, nor in any way encumbered the title to the land described in the application, and that said title has not become a matter of record. Where a patent has issued it must be surrendered. Where the title has become a matter of record, and in all cases where patent has issued, you will require a quit claim deed, or release, to the United States, which deed must be exe- cuted, acknowledged, and recorded in accordance with the laws of the State or Territory in which the land is situated. You will also require a certificate from the county clerk, or other officer having charge of the books in which any conveyance of the land is required to be recorded to give it validity, stating that the records of such office do not exhibit any convey- ance or other encumbrance of the land in question. In the case of a married man, a properly executed release of dower by the wife must be furnished. WHEN CHANGE OK ENTRY IS ALLOWED. In all cases of application for a change of entry, when the evidence is satisfactory, a new Register's certificate will be authorized by this offi.ce, which certificate will bear the current number and date, and will be indorsed with the authority for such change. The tract to which the change is allowed, its area, etc., will be reported on the proper monthly abstracts, with a noting in red ink of the items credited from the old certificate and not included in the footings. Any excess over an original amount will be accounted for as in case of other excesses. Very respectfully, J. A. WILLIAMSON, Commissioner. Approved : C. SCHURZ, Secretary. 3 34 THE AMERICAN SETTLER'S GUIDE. d. FINAL PROOF AND COMMUTATION. The law is explicit in requiring final proof of the settler's compliance with the law to be made within two years after the expiration of the five years of settlement and cultivation. Any settler desiring to make final proof must first file with the Register of the proper lane office a written notice of his intention to do so. Such notice must describe the land claimed and the claimant must give the names and post office addresses of the witnesses by whom the necessary facts as to settlement, residence, cultivation, etc., are to be established. NOTICE OF INTENTION TO MAKE FINAL PROOF. Land Office at , (Date) , i8— . I, , of , who made Homestead Application No. (or Pre-emption Declaratory State- ment No. ), for the , do hereby give notice of my intention to make final proof to establish my claim to the land above described, and that I expect to prove my residence and cuUivation before ^ at , on , i8— , by two of the following witnesses : [names and post-office addresses of four persons,] T 7'- ' v {Signatiere of claimant.) Land Office at , {Date) , i8— . Notice of the above application will be published in the .printed at , which I hereby designate lu the newspaper published nearest the land described in said application. , Register. ■ The filing of such notice must be accompanied by a deposit of sufficient money to pay the cost of publishing the notice to be given by the Register ; though the party is allowed to make a contract with the publisher of the designated newspaper, and so need not deposit the money with the land officers^). Upon the filing of the notice by the applicant, the Register shall publish a notice of such application once each week for a period of thirty days, in a newspaper which he shall desig- nate, by an order written on said application, as published nearest the land descril)eii in the application, and he shall also post the notice in some conspicuous place in his office for the same period. A compliance with the law will require the notice to be published weekly six times, because five weekly publications would not cover a period of thirty days. The notice to be given by the Register must state thi^t application to make final proof hai been filed ; the name of the applicant; the kind of entry, whether homestead or pre emption; a description of the land, and the names and residences' of the witnesses as stated in the application. NOTICE FOR PUBLICATION. Land Office at , Notice is hereby given that has filed notice of intention to make final proof before , at , on , i8— , on Homestead Application No. (or Pre-emption Declaratory State- ment No. ), for the . He names as witnesses , of , and , of . , Register. To save expense, the Register may embrace two or more cases in one publication, when it can be done consistently with the legal requirements of publication, in a newspaper published nearest the land, as per attached form. CONSOLIDATED NOTICE FOR PUBLICATION. Land Office at , (/W^) .18-. Notice is hereby given that the following-named settlers have filed notice of intention to make final proof m lupport of their respective cl.iiins before — — ut , on , 188-, viz : ■ . Pre-emption Declaratory Statement No. , for the . Witnesses : , of , , Register. The proof tliat reciuisite notice has been given will be the certificate of the Regi.sier that the notice of tlie ai)i)licalion (a copy of wliich should be annexed to the cerlilicale) wa.s ]Josted by him in a conspicuous place in his office for a period of thirty days ; and the affulavit of the publisher or foreman of the newspaper that the notice (a copy of which notice must be (») Land Owner, Vol. 6, p. 93. THE AMERICAN SETTLER'S GUIDE. »g annexed to the -affidavit) was published in said newspaper once each week for six successive weeks. CERTIFICATE AS TO THE POSTING OF NOTICE. Land Oppicb at , T> ■ J u ,. -, , (D.ite) , la— . 1, , Register, do hereby certify that a notice, a printed copy of which is hereto attached, was by me posted in a conspicuous place in my office for a period of thirty days, 1 having first posted said notice on the ■' day of , i8 — . , Re^ster. PROOF OF PUBLICATION. ' county of , ( ss, , being duly sworn, deposes and says that he is the of the , a newspaper published at . in county, in the of ; that the notice of the inten- tion of -^— (and ) to make final homestead proof, a copy of which is hereto attached, w.-»s first published in said newspaper in its issue dated the ^—— of , i88 — , and was published in each weekly issue of said newspaper thereafter for the full period of thirty days, the last publication thereof being in the issue dated the of , i88 — . Subscribed and sworn to before me this day of , A. D., 188 — . [Seal.] , Notary Public. In making final proof, the homestead party may appear in person at the district land office, with his witnesses, and there make the affidavit and proof required in support of his claim ; or he may appear with his witnesses before the judge of a court of record of the county and State, or district and Territory, in which the land is situated, and there make the final proof required, as follows, which proof, duly authenticated by the court seal, is required to be transmitted by the judge, or the clerk of the court, to the Register and Receiver, together with the fee and charges allowed by law. HOMESTEAD PROOF. PINAL AFFIDAVIT REQUIRED OP HOMESTEAD CLAIMANTS. I, , having made a homestead entry of the section No. , in township No. , of range No. , subject to entry at , under section No. 2289 of the Revised Statutes of the United States. do now apply to perfect my chiim thereto by virtue of section No. 2291 of the Revised Statutes of the United States ; and for that purpose do solemnly that I am a citizen of the United States; that I have mada actual settlement upon and have cultivated said land, having resided thereon since the day of 18 — , to the present time ; that no part of said land has been alienated, except as provided in section 2288 of tha Revised Statutes, but that I am the sole bona fide owner as an actual settler ; that I will bear true allegiance to the Government of the United States ; and further, that I have not heretofore perfected or abandoned an entry made under the Homestead Laws of the United States. I, , of the land office at , do hereby certify that the above affidavit was subscribed and sworn to before u.e this day of , 18 — . HOMESTEAD, PRE-EMPTION, AND COMMUTATION PROOF. TESTIMONY OF CLAIMANT. Full and Specific Anszuers must be given to each Question. Evasive Answers will be Fatal to the Proof. ■ , claimant, being first duly sworn, testifies as follows : Ques. I. What is your correct name, age, and occupation ? If employed by any person, state by whom. Ans. . Ques. 2. What is your post-office address ? Ques. 3. Are you the identical person who made pre-emption filing No. (or homestead entry No. ) at the land office on the day of , 188, and what is the true description of the land now claimed by you ? Ans. . Ques. 4. Where did you live before settling upon this land, and what was your occupation ? Ques. s. Are you a citizen of the United States, or have you declared your intention to become such ? (In^case the' party is of foreign birth, a copy of his declaration of intention to become a citizen or full natural- ization certificate officially certified, must be filed with the case. The latter is only required in final home- stead entries.) , ... 1.1 Ques. 6. Are you interested in any other entry or filing than the one upon which you now seek to make proof? Ques. 7. Have you ever made a pre-emption filing for any other tract of land, or made any other homestead entry or filing or entry of any other kind ? (Answer each question separately, describe the land, and state what disposition you made of your claim.) Ques. 8. Is'your present claim within the limits of an incorporated town or selected site of a city or town, or used in any way for trade and business ? qCIs. 9. What is the character of the land ? Is it timber, mountainous, parairie, grazing, or ordinary agricultural land? State its kind and quality, and for what purpose it is most valuable. Quls. 10. Is the land valuable for coal, iron, stone, or minerals of any kind? Has any coal or other minerals . been discovered thereon, or is any coal or mineral known to be contained therein? Are there any indications of coal, saluies. or minerals of any kind on the land ? If so, describe what they are. Ans, . 36 THE AMERICAN SETTLER'S GUIDE. Oucefng the bah'^e ot payment required by law for the entry of of section , in township , of range t . contain- '"1 acres, under section 2291 of the Revised Statutes of the United States. * ■ , Receiver. The judge being absent in any case, the proof may be made before the clerk of the proper court. The fact of the absence of tlie judge must be certified in the papers by the clerk acting in his place. If the land in any case is situated in an unorganized county, the statute provides that the party may proceed to make the proof in the manner indicated in any adjacent county in the State or Territory. The fact that the county in which the land lies is unorganized, and that the county in which the proof is made is adjacent thereto, must be certified by the officer. In any case where the final proof shall be transmitted to the Register and Receiver, as contemplated in this act, and the full amount of money due shall be paid, they will carefully examine the proof, and, if any objection appears, they will promptly notify the party and advise him of his rights in the matter. In cases in which final homestead proof is made before the judge, or in his absence before the clerk of a court of record, the Register and Receiver of the district land office are entitled to the same fee for examining and approving the proof so made as if the proof were taken and THE AMERICAN SETTLER'S GUIDE. 37 reduced to writing by them, for the claimants, viz., fifteen cents per hundred words, and on the Pacific Coast, twenty-two and one-half cents per hundred words(»). In the Act of Congress of March 3, 1877, which provides that final proof in homestead entries may be made before the judge, or, in his absence, before the clerk of any court of record of the county and State, or district and Territory, in which the lands are situated ; the terms "in his absence," refer to the absence of the judge from the county seat or place where the court for the county is held. Where the clerk takes the proof, he should set forth in his certificate to the papers that the case was such as to authorize him to do so under the act; and for this, it will be sufficient for him to certify that the proof was made before him " in the absence of the judge," using the language of the statuteC"). County courts in Florida are courts of record, and the judges and clerks of such courts are qualified to take final proof in homestead casesC). ADJOINING FARM ENTRIES. The proceedings in this class of cases are the same as in other homestead entries. It is not required that the applicant should prove actual residence on the separate tract entered; but if he does not, it must appear from the proof adduced (the forms previously given being modified to suit the circumstances of the case), that he has continued for the period required by law to reside upon and cultivate the original fajm tract, making use of the entered tract as a part of the homestead. FINAL AFFIDAVIT REQUIRED OF ADJOINING FARM HOMESTEAD CLAIMANTS. I, , having made a homestead entry of the section No. , in township No. , o( range No. , subject to entry at , for the use of an adjoining farm owned and occupied by me on the of section No. , in township No. , of range No. , under section 2289 of the Revised Statutes, do now apply to perfect my claim thereto by virtue of section No. 2291 of the same, and for that purpo.se do solemnly that I am a citizen of the United States; that I have continued to own and occupy the land constituting my original farm, having resided thereon since the day of , 18—, to the present time, and have made use of the said entered tract as a part of my homestead, and have improved the same in the following manner, viz. : . That no part of said land has been alienated, but that I am the sole 6ona fide owner as an actual settler; that I will bear true allegiance to the Government of the United States ; and, further, that I have not heretofore perfected or abandoued au entry under the homestead laws. I^ , of the land office at , do hereby certify that the above affidavit w.-is taken and sub- scribed before me this day of——, 18 — . ■ Where it is shown that a homestead entry was made for the use of an adjoining farm, by a party who owns only a half undivided interest in an original farm, such homestead entry will be passed for patenting if the law has been compiled with in other respects^). COMMUTATION OF HO.MESTEAD ENTRIES. If the homestead settler does not wish to remain five years on his tract, the law permits him to pay for it with cash, or warrants, or agricultural-college scrip, upon making proof of settle- ment and cultivation for a period of not less than six months from the date of entry to the time of payment ; or payment may now be made with private-claim scrip under the act of January 28, 1S79. This proof of actual settlement and cultivation must be the affidavit of the party, made in the form below, in addition to the testimony usual in making final homestead proof, willi a few eerbal changes. Published notice as usual must be given prior to taking the final proof. AFFIDAVIT. I claim.ng the right to commute, under section 2301 of the Revised Statutes of the United bona, fide owner as an .ictual settler. ^^_^______ (.) Instrttctions, Land O.vner, Vol. 4. P- '62, (^) W. S. Search, Land O.oner, Vol. 4, p. .6=. (.) lnst.-uctions. Land Owner, Vol. 4. P- 179- C) D°"gl=" Dummett, Land Owner. Vol 2. p. 18, 38 THE AMERICAN SETTLER'S GUIDE. I further swear that I have not heretofore perfected or abandoued an entry made under the homestead laws of t^.e Uiuted Stales. Land Office . subscribed and s«-om to before me this day of . [May now be made before clerk of couru] , Register. Any person should be allowed to commute who, at the time application to cctnixiute is made, is the proper party entitled to make final proof at the right time, provided the claim so far as it has progressed is valid(*). After a liomestead has been relinquished in part, the balance may be commuted(*'). Where a party commutes his homestead to cash, his rights under the pre-emption law are iK>t affected, i. e., he may, if qualified, make an entry under the pre-emption law^). WHO SHALL MAKE FINAL PROOF. As many cases arise wherein it is difficult to decide who shall make the final proof, the fol- lowing rulings of the Land Department are appended : In case of death of an unmarried homestead settler prior to expiration of the five years, h)s heiis or devisee may commute or continue cultivation and settlement. If death occurred after the expiration of the five years, the heirs or devisee may at once make prooi. In these cases patent would issue in the name of " the heirs " of deceased, or in the name of his devibee(*). A deserted wife cannot contest her lius'iiand's entry for abandonment while the marriage remains legally va]id(*). A married woman can become entitled to credit on a homestead for her husband's militar)' serN'ices during the late war. ^Vhere a deceased homestead claimant left a wife from whom he had been separated by written articles of agreement, such widow is the proper party to make final proof, notwith- standing the fact that the deceased claimant willed all his estate, both real and personal, to his brother('). Where a patent, eiToneously issued to a deceased person, has been recorded in the county records, the legal representatives must release all their right and title to the land before the General Land Office can issue another patent in the name of the widow(K). Aliens who have not declared their intentions to become citizens of the United States can- not, as heirs, perfect title to homesteadsC"). The General Land Office can recognize a nuncupative will only after it has been duly pro- bated and accepted by the proper court('). In case the homestead party died, and his widow was convicted of his murder by poison, for which she is now imprisoned in the penitentiary, pursuant to law, although under a death sentence, the administrator of the deceased party should make the final proof, and the patent t>e issued in the name of his minor children(J). Where a homesteader is prevented from making final proof by reason of being confined in the penitentiary, a legally appointed person may make such proof, and if found satisfactory, the patent will issue in the name of the party so deprived of his liberty(*). A woman divorced from her husband is legally dead, and if there was an infant living when the homesteader died, the right .shall inure for the child's benefit, notwithstanding a will devis- ing the land to the claimant's mother, who resides thereon(>). A Receiver of a land office is entitled to make final proof on a homestead entry made by him prior to his appointment. A Receiver of a land office, who has made final proof upon a homestead entry made by (») John Dillon, Copp's Public Land Laws, p. 245. (b) John L. Gray, Land Oumer, Vol. 6, p. 153. y> '"-'"r"^';?"'*! -^"^ 070>ier, Vol. 3, p. 70. (A) A. F. Hubbell, Copp's Public Land Laws, p. 246. {•) Kc-ziah Lara, Latid Owner, Vol. z, p. 50. (f) John Rhoades, Land Owner, Vol. 5, p. 117. («) Andrew lohaunesen, Z.a«rf Owner, Vol. 4, p, 108. (l-) J. U. Sprenger, Land Owner, Vol. 2, p. 57. O) Llizabeih Lampson, Land Owner, \o\. 3, p. 178. (J) Land Office instructions. Land Owner, Vol. 5, p. 170. (») E. Strickland, Land Owner, Vol, 2, p. 82. (ij G. W. Law, Land Owner, Vol. 6, p. 190. THE AMERICAN SETTLER'S GUIDE. S9 bim prior to his appointment as Receiver, may make an additional entry under the provisions of tlie act of June 8, iSyaC). A contest for abandonment of an additional entry made under the act of June 8, 1872, will HOt be entertained (lb). The possession of an executor or administrator is, under the homestead law, the possession of the heirs or devisee, subject to the riglit of administration vested in the officer, and time allowed by the court for the settlement of the estate must be counted for the heirs or devisee in making final proof(''). Mary Latt made a homestead entry, then married J. M. Johnson and died, leaving no heirs except Johnson. He was allowed to make final proof, and patent issued in name of Mary \^ Johnson, formerly Mary LattC). The granting of letters of administration will be regarded as sufficient evidence of death. Unexplained absence for two months is not sufficient evidence of death to warrant issue of patent to the heirs(*). e. ABANDONMENT. At any time after six months from entry and before the expiration of the required five years of residence, if it is proved to the satisfaction of the Land Department that the settler has changed his residence or abandoned the land embraced in his entry for more than six months at any time, such entry wnl be canceled and the land revert to the government. A home- stead claimant elected to a public office which compels him to leave his land to discharge its duties, is not considered as changing his residence or abandoning his land, if he keeps up his improvements and the circumstances show his good faith in maintaining his residence. Abandonment or change of residence is a usual cause for which a homestead entry can be attacked prior to the end of the required five years of residence and cultivation («). Where application is made to contest a homestead entry on the ground of abandonment, the party must file his affidavit with the district land officers, setting forth the facts on which his application is founded, describing the tract, and giving the name of the settler. Upon this the officers will set apart a day for a hearing, giving all the parties in interest due notice of the time and place of trial. Personal notice must be served by a disinterested party, and a copy must be filed, with an affidavit that the notice has been legally served^). In cases of inability to make personal service of the notice, and when it becomes necessary to serve it by publication, it must be printed in some newspaper printed in the county where the land in contest lies ; and if no newspaper is printed in such county, then in the news- paper printed in the county nearest to the land. At least two witnesses are required to prove abandonment and their testimony must be clear and positiveC). The expenses incident to such a contest must be defrayed by the contestant, and no entry of the land can be made until the district officers have received notice from ihe General Land Office of the cancellation of the contested entry ; and now an informant obtains privileges. Every other person must, if he desires the land, ascertain by proper diligence when notice of cancellation is received by the Register and Receiver, and then make formal written application for the tract; the land, after reception by these officers of notice of cancellation, being always open to the Jirst legal applicant, unless withdrawn from entry by competent authority. The preference right of a contestant is recognized by act of May 14, iS8o^ (»> White vs. Laffery, Land Oivner, Vol. i, p. 114. (*) Dorame vs. Towers, La«d Ow«^r Vol. i, p. 131. fe) Mary Latt, I^nd Ozvner, Vol. 4, P- 103. (*) A. beidensticker, Lund Owner. \ ol. 8, p. 55- (•) Snyder vs. Abbott, Copp's Public Land Laws, p. 258. (t) Gen.-ral Land Office Instructions. Copp's Public Land I.aws p. "O; u u . <■ .1 ■ 1 j Commi-ssioner Sparks has reversed ruling (e). Officials compelled by the.r offices to be absent from their land must give up their entriei; or their offices. )fficb,1 yPsRS -, 18-.) oft 40 THE AMERICAN SETTLER'S GUIDE. AFFIDAVIT TO BE FILED BEFORE CONTEST. U. S. Land Officb, , ■ Personally appeared before me • "ihe LandOlTice, ty, Slate of , who upon his oath says: That he is well acquainted with the tract of land embraced in the homestead entry of , No. , made , 18—, and knows the p^e^ent condition of the same ; also that the said has wholly abandoned said tract, and changed his residence therefrom for more than six months since making said entry, and next prior to the date herein ; that said tract is not settled upon and cultivated by said party :is required by law— and this the said contestant is ready to prove at such time and place as may be named by the Register and Receiver for a hearing in said case ; and he therefore asks to be allowed to prove said allegations, and that said homestead entry, No. , may be declared canceled and forfeited to the United States— he, the said contestant, paying the expenses of such hearing. Sworn to and subscribed this day and year above written before , Register. , Receiz'er TESTIMONY IN C.\bES OF ABANDONMENT. U. S. Land Officb,1 vTkstimony in case of , ,18 — . j Contestant, z-i. , Homestead Entry No. , , , contested (Date.) (Description.; , being duly sworn, deposes and says : That I reside in township , R. , State of ; that I am well acquainted with the of section ^— — , township , range , entered by as above, and know from personal observation that the said has not cleared, fenced, cultivated, built or resided upon, or in any way improved said tract, since The present condition of said tract is , The present residence of t.'ie said is • Sworn and subscribed before me this day of , 18 — . — — — — , Register, — — , Receiver, Also appeared at the same time and place ■ and , who, being duly sworn, depose and »ay : That they reside in the immediate vicinity of the aforesaid tract, and know the condition of the same; lliat they are also acquainted with the facts set forth in the aforesaid testimony of ■ , and know from persoual observation that the statements therein made are true. Sworn and subscribed before me this day of , iS — . ^—— , Register. ■ ^-^— , Receiver. RULINGS. Where a homestead party has been duly notified and makes default, affidavits showing his abandonment. may be taken before any officer authorized to administer oaths, and will be con- sidered in deciding the case ("). [Overruled in view of Rule of Practice 35.] Contest for abandonment may be instituted against the entry of a deceased homestead claimant, if the abandonment and change of residence occurred more than six months prior 10 deceaseC"). At a hearing to determine abandonment in case of deceased homestead claimants, a certi- fied copy of the will and other matters connected therewith may be introducedC). The heirs or devisees of a deceased homestead claimant cannot be held responsible for the failure of a public officer to administer upon the estate. The statute does not run against the heirs during the time which elapses after the death of the claimant before the date the admin- istrator takes charge of the estate, providing the heirs are without notice of their rights, and the estate is administered upon within seven yearsC). An abandoned wife is regarded as the head of a family, and her rights will receive due consideration. When she and her children are still residing upon the homestead entered by her absent husband, the entry cannot be cancelled for abandonment(«). A party, subsequent to entry, contracted to convey the tract to another after receiving patent. Held, that as the contract was verbal and no possession was taken under it, it cannot, under the statute of frauds, be enforced against the claimant; that the facts do not show an aliena tion of the land ; and as an entry cannot be attacked by a stranger in interest except upon («) Instructions, Land Owner, Vol. 6, p. 153. (b) \V. H. Harris, Land Owner, Vol. 3, p. 3. (•) Dorame vs. Towers, Land Owner, Vol. 2, p. 131. (d) Robinson vs. William, Land Oitmer, Vol. 4, p. i? (•) Thompson vs, Anderson, Land Owner, Vol. 6, p. 125. THE AMERICAN SETTLER'S GUIDE. 41 charge of abandonment or change of residence, the party should be allowed to perfect his claim("). Upon proper evidence of a homestead claimant's insanity being presented, his homestead entry will not be contested on ground of abandonment. A guardian in such cases should be appointed by the proper court, who will, on presenting acceptable final proof, receive patent in name of the insane claimantC*). Where a homestead claiftiant whose entry is sought to be canceled for abandonment, is in the penitentiary under sentence of imprisonment for a term of years, notice of contest must be served personally upon the claimant^) . "Where the evidence in a contest for abandonment shows that the homestead claimant is a poor man, that he was residing upon the land at date of trial, but had been unable to make his residence thereon within six months after entry at the land office, or to improve the land to any great extent, such contest will be dismissed in view of the good faith of the claimant, and when final proof is made it will be submitted to the Board of Equitable Adjudication^*). The decision of the Commissioner of the General Land Office, in a contest from which no appeal was taken, becomes final between the parties as to all the matters arising before the trial(«). The attacking party has a right to contest an entry in a new proceeding for abandonment or change of residence subsequent to the date of the former trials(/^j. No other questions than those of abandonment or change of residence can in any case be considered (/(5). A contestant who has been twice defeated should be held to a strict statement of his claim(?/5). A statement that the homestead party (who is a widow), does not occupy the land claimed as a homestead, but that the same is occupied and used by her son (who is a married man)» and who has the sole and undisputed control of the same, is held insufficient to warrant the canceling of her entry(?^). /. RELINQUISHMENT. A party may relinquish his claim, but on his doing so, the land reverts to the government. The party so desiring should surrender to the Register and Receiver of the proper land dis- trict the duplicate receipt issued for the entry, with his written relinquishment of the same indorsed thereon. If the duplicate receipt has been lost, he should submit to those officers a written relinquish- ment of the entry, in which he should state the fact of the loss of the duplicate receipt, and which should be duly signed and acknowledged before the Register or Receiver, or some officer authorized to take acknowledgments. (See act of May 14, 1880, following.) As the law allows but one homestead privilege, a settler relinquishing or abandoning his claim cannot thereafter make a second entry; but where an entry is canceled as invalid for some reason other than abandonment, and not the willful act of the party, he is not thereby debarred from entering again, if in other respects entitled. No credit is now allowed for fees and commissions already paid, on a new homestead entry. The relinquishment of a homestead entiy must i.e the free and voluntary act of the claimant('). Where a patent erroneously issued to a deceased person, has been recorded in the county records, the legal representatives must release all their right and title to the land before the General Land Office can issue another patent in the name of the widow(K). A person making a homestead entry cannot be allowed to relinquish it and make another, because he found the land different from what he expectedC). ^^^^ {•) Beasore vs. Whitehead, Land Owner, Vol. 2, p. 83. (k) George Hornick.Copp's Public Land Laws, p. 2S3- , ,^ „, (.) Alex. McKiver. Land Ovjne., Vol. 2, p. .48. (') Weber vs. Gourley. Land Owner. Vol. 3. P. ^ (•)Jonesrx. Roberts, Copp's Public Land Laws. p. 25' ■ (f) Hanson vs. Geiger. Land Owner, Vol. 4, P- h6. («) Andrew Johannescn. Land O^ner, Vol. 4- p. kA O") John Nunan, Land Ovmcr, Vol. t, p. 34- ^ THE AMERICAN SETTLER'S GUIDE. Should it appear upon a proper showing that swamp land to which a Stale is entitled has been embraced in a homestead entry, said entry will be canceled, and the party may make another entry. An administrator or guardian cannot relinquish the homestead entry of a deceased person without authority from the Probate Court(») . The administrator of the estate of a party who died intestate should not be allowed to relin- quish the homestead entry, but a relinquishment to be accepted must be made by each and every one of the heirsC"). The following instructions were issued by the General Land Office, relative to deceased claimants whose representatives desired to relinquish the unperfected entries : In case of George H. Hudson, reported in Copp's Land Owner, Vol. 2, p. 99, the deceased left no widow, nor any children ; he died testate, naming William H. Hudson his executor, and one Mary Emily Hudson, an unmarried woman of full age, his sole legatee, and the original duplicate receipt cannot be found. The cancellation desired will be made upon the written relinquishment of the legatee (which should describe the land by its proper numbers, and specify date and number of the eiUry,) accompanied by an affidavit which may be made either by the legatee or the executor, setting forth the loss of the duplicate Receiver's receipt. Proof must accompany the relinquishment establishing the fact that Hudson, the deceased, left no widow or minor children, and that Mary Emily Hudson is the sole legatee, and the identical person named in the will. This may be done by furnishing a duly attested copy of the will under the seal of the proper court, together with the certificate under seal of tlie judge or clerk having probate jurisdictior^ as to the identity of the person of the legatee, and the fact that no widow or minor children survive. If the records of the Probate Court do not evidence the identity of the legatee or the fact »f non-survivor, then these facts may be established by the affidavit of the legatee, corrobor- ted by the affidavits of any two witnesses who may have cognizance of the facts. In case of Achille Savoie, reported in Copp's Land Owner, Vol. 4, p. 51, the papers sent up show the appointment of Monnier as administrator of the " succession of Achille Savoie, deceased," and the loss of the duplicate homestead receipt. The party to the homestead entry stated in his homestead affidavit that he was " the head of a family." If he left a widow, a relinquishment to be accepted must be executed by her. If the party left no widow, but lefl an infant child or children, the entry may be relinquished by the administrator, executor or guardian by order of the Probate Court having jurisdiction, in which case it should be clearly shown that no widow was left, and that the relinquishment is made by such order. If he left no widow or infant child, the relinquishment may be made by the party or parties recognized by the local court as the sole and only legal representative or representatives of the deceased, in which case a certificate to that effect by said court should be forwarded with the relinquishment duly executedC). II. Soldiers' and Sailors' Homesteads. a. ORIGINAL ENTRIES. The Revised Statutes of the United States granting homesteads to soldiers and sailors, their widows and orphan children, are the following : Section 2304. Every private soldier and officer who has served in the Army of the United States during the recent rebellion, for ninety days, and who was honorably discharged, and .as remained loyal to the government, including the troops mustered into the service of the (•)Susan W. Carter, Land Owner, Vol. 2, p. 99. (») General Land Office Instructions, Land Owner, Vol. 5, p. 165. (•)See Cinthya Gibson, Land Owner, Vol. 3, p. 114, and Susan W. Carter, Land Owner, Vol. 3, p. 99. • THE AMERICAN SETTLER'S GUIDE. 4:J United States by virtue of the third section of an act approved February thirteen, eighteca hundred and sixty-two, and every seaman, marine, and officer who has served in the Navy of tlie United States, or in the Marine Corps, during the rebellion, for ninety clays, and who was honorably discharged, and has remained loyal to the government, shall, on compliance with the provisions of this chapter, as hereinafter modified, be entitled to enter upon and receive patent for a quantity of public lands not exceeding one hundred and sixty acres, or on* quarter-section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public land along the line of any railroad or other public work* not otherwise reserved or appropriated, and other lands subject to entry under the Homestead Laws of the United States; but such homestead settler shall be allowed six months aft« locating his homestead, and filing his declaratory statement, within which to make his entry and commence his settlement and improvement. Section 2305. The time which the homestead settler has served in the Army, Navy, 01 Marine Corps, shall be deducted from the time heretofore required to perfect title ; or if dis- charged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served ; but no patent shall issue to any home- stead settler who has not resided upon, improved, and cultivated his homestead for a perioa of at least one year after he shall have commenced his improvements. Section 2307. In case of the death of any person who would be entitled to a homestead nnder the provisions of section twenty-three hundred and four, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvement therein contamed ; but if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title. The advantages this law presents over the general homestead law are: i. The privilege ol filing a declaration with the Register and Receiver, which will hold a tract, selected in person or by an agent, for six months without entry, residence or cultivation. 2. The right of mak- ing final proof before the end of the usual five years. Except where the claimant wishes to sell his land, the latter privilege is a disadvantage, because as soon as title passes from the United States to an individual, the real estate becomes subject to taxation. Soldiers and sailors will observe the important requirement of at least one year's actual bona fide residence and euUivation of the homestead, and not be deceived by parties who solicit the business of loca»- ing homesteads in their names at considerable expense, when there is no prospect of settling upon the land selected. HOW TO PROCEED. The following proof will be required of parties applying for the benefits of sections 2304, 2305, and 2307, in addition to the prescribed affidavit of the applicant given below. 1. Certified copy of certificate of discharge, showing when the party enlisted and when he was discharged; or the affidavit of two respectable, disinterested witnesses, corroborative of the allegations contained in the prescribed affidavit, on these points, or, if neither can be pro- cured, the party's affidavit to that effect. 2. In case of widows, the prescribed evidence of military service of the husband, as above, with affidavit of widowhood, giving the date of the husband's death. 3. In case of minor orphan" children, in addition to the prescribed evidence of mditary service of the father, proof of death or marriage of the mother. Evidence of death may be the testimony of two witnesses, or certificate of a physician duly attested. Evidence of mar- Lage may be a certified copy of marriage certificate, or of the record of same, or testimony of wo witnesses to the marriage ceremony. The Register and Receiver will be allowed to charge one dollar each for receiving and fiUng the initiatory declaration of the parties in cases where such declarations are filed. On. 44 THE AMERICAN SETTLER'S GUIDE. dollar and fifty cents each will be charged by Registers and Receivers in California, etc., as shown in a previous table of fees and commissions. On the party producing the proper proof as above, immediate entry of the tract desired may be made ; but if the party so elect, he may file a declaration, to the effect that he claims a specified tract of land as his homestead, and that he takes it for actual settlement and culti- vation. Thereafter, at any time within six months from the date of filing, the party may come forward, make his entry of the land, and commence his settlement and improvement. Should the party present his declaration through an agent, a duly executed power of attorney from the principal must be presented, who will be bound by the selection his agent may make, the same as though made by himself. Where the party has failed to make entry within six months from the date of filing, he is now thereby debarred from making entry of the tract filed for. His right is forfeited, and he cannot file a second declaration or make a homestead entry. This reverses former practice. The claims of widows and minor orphan children may be initiated by declaration, as above. Minor orphan children can act only by their duly appointed guardians, who mu.st file certified copies of the powers of guardianship. The law does not require, as a condition to enjoying its benefits, that the party should first file a declaratory statement, and, as before stated, immediate entry may be made. The forms used in these entries are as follows : DECLARATION. No. Land Office at , (Date) , i8— . I, i, do hereby declare and give notice that I claim for a homestead, iimler section 2304 of the Revised Statutes of the United States, granting homesteads to honorably discharged soldiers and sailors, their widows and orphans, the of section , of township , of range .containing acres; and I further declare that I take the said tract of land for actual settlement and cultivation, and for my own use and benefit. . Per , hii Attorney m/act. APPLICATION. Land Office at , (Hate) , r8— . I, — — — , hereby apply to enter, under section 2304 of the Revised Statutes of the United States, the of section , of townsliip , of range , containing acres, and for which I filed my declaration oo the day of , , through , my duly-appointed agent. I, , Register of the land ofTice at , do hereby certify that filed the above application at this office on the day of , , and that he has taken the oath and paid the fees and commissions prescribed by law. AFFIDAVIT. No. . Land Office at , (Pate) , 18—. L . of ■ do solemnly swear that I am a , of the age of twenty-one years, and a citizen of the United States; that I served for ninety days in company , regiment. United Slates vol- unteers ; that I was mustered into the United Stales military service the day of , , and was honor:d)ly discharged therefrom on the A.\y of , : that I have since borne true allegiance to the Government , and th:il 1 have made my application No. , to enter a inicl of land under section 2304 of the Revised Statutes of the United States, giving homesteads to honorahlv discharged soldiers a[id sailors, their widows and orphan children : that 1 have made said applicaiion in good' faith ; and thai 1 take said homestead for the purpose of actual settlement and culiivation, and for my own exclusive use and beneht, and for the use and benelit of no other person or persons whomsoever and ih.it I have not heretofore acipiired a title to a tract of land under the homestead laws, or voluntarily relimiuished or abandoned an entry heretofore made under said laws : So help me God. Sworn to and subscribed before me, -, Register of the land office at , this day , Register. RULINGS. The filing of a soldier's declaratory statement is not necessarily an abandonment of a pre- emption claim(»). Soldiers' homestead declarations must be rejected when received by mail('>). (») Eugene Mitchell, Land Owner, Vol. 3, p. 164. (i>) Instructions, I^nd Owuer, Vol. i, p. ao. THE AMERICAN SETTLER'S GUIDE. 4ft A party appointed by the applicant as liis attorney to select land under the soldiers' home- stead law, may substitute and appoint another person to act for him and make such selec- tion('). Parties who file their declarations for lands appropriated by actual entries may file a second time. Parties filing for lands not entered, but embraced in the valid adverse claim of another, do so at their own risk, and are held to have exhausted their right to Jile, although, upon proof of their good faith and ignorance of the existence of the adverse claim, they may make actital entryiy). Where two parties apply simultaneously to file under Section 2309, R. S., both applications should be received. Should either thereafter apply to enter, notice should be given the other party to show why such entry should not be allowed. Instructions will be issued by tlie General Land Office, if an appearance is made at the time allowedC). In computing the lime of service during the rebellion, the General Land Office is governed by the dates of the President's proclamations of April 15, 1861, calling out the militia, and August 20, 1866, declaring the war at an end(*(. A soldier is not obliged to credit his term of service. After a soldier has resided on his homestead long enough to make with his military service five years, further residence is unnecessary to secure patent(*). In soldiers' homesteads, where a discrepancy occurs between the proof of service and the records of the War Department, the applicant is allowed sixty days in which to furnish satis- factory proof of service, in which case he should be clearly informed as to what he is required to furnish('). The homestead act makes no distinction between regular and volunteer officers and soldiers who served during the war of the rebellion, who have been honorably discharged(s). Regular army officers who served during the rebellion, etc., may initiate a homestead entry » bile in the army, but on making final proof must show at least one year's residence on the and entered, if they served four years during the late warC"). Soldiers new m the Regular Army may perform the prelimmary acts relating to the home- stofto entries therein menlioned('). A tidier discliarged for disability prior to expiration of term of first enlistment, is entitled to onarty had received an honorable discharge, the General Land Office will, upon application and on receipt of the requisite data of the party's services, consisting of his name, number of regiment, alphabetical designation of the company in which he served, branch of service, and State where enlisted, obtain from the War Department an " official statement " of his seryice(*). b. ADDITIONAL ENTRIES. Every person entitled under section 2304 of the Revised Statutes, who had prior to Jane 22, 1874, made a homestead entry of less than one hundred and sixty acres, may enter so mucn land as when added to the quantity previously entered shall not exceed one hundred and sixty acres. The practice which foimerly prevailed of certifying the additional right as information from the records of the General Land Office, and permitting the entry to be made by an agent or attorney, has been discontinued. The party desiring to make un additional entry, and being entitled thereto, must present himself at the land office of the district in which the land he wishes to enter is situated, and make his application in the same manner as in case of an original entiy (Form No. 4-008). In addition to the usual homestead affidavit the claimant must make a special affidavit showing — First — His identity as the soldier he represents himself to be, reciting his military senrioe, and stating his present residence and post-office address. Second— T\\& facts in detail, setting forth his right to make the additional entry, and that he (M H. M. Chace, Land Owner Vol, 3, p. 69. (b) Land Owner, Vol. 8. W L- J- Crans, Land Owner, Vol. i, p. 35. {•!) Charles Lee, Land Owner, Vol. 5, p. zi,n. (') S. P. Gamble, Land Owner, Vol. 4, p. 146. (f) Minnus vs. Salmons, Land Owner, Vol. 4, p. 38. i'J ?• ?• J°"es, Land Owner, Vol. 3, p. 70. (b) G. W. Benton, Land Owner, Vol. 3, p. 52. (1) J. W. Bonine, Copp's Public Land La%vs, p. 271. THE AMERICAN SETTLER'S GUIDE. 47 I has fully complied with the provisions of the homestead laws in the matter of residence upon, I and cultivation and improvement of, his original entry, and stating 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, tiansfer, or power of attorney, but that the same remains in I him unimpaired. ! The foregoing affidavits must be sworn to and subscribed in the presence of the register or receiver. This rule must be strictly adhered to in order to avoid false personation ; and appli- cations and affidavits presented to the register and receiver with signature attached -will not be received. The foregoing rules will not be deemed to apply to cases where the additional entry lias \ heretofore been certified by the General Land Office, nor to cases pending which were filed '<- therein prior to March i6, 1883. Where the party's first entry has heen consummated, the register and receiver will require I him to pay the same fee and commissions a^ in cases of original entry ; the receiver will issue ; his receipt for the money paid, and these papers will receive the current date and the proper i numbers in their homestead series. Then, to complete the transaction — it being an object, for i the convenience of business, that the additional entry papers and the final papers therefor, in such cases, shall be kept separate and distinct — the party will make payment of the usual final commissions on the entered tract, for which the receiver will issue his receipt. In case the party has not made proof on his origmal homestead entry when he appUes for additional land, he will be allowed to make the additional entry on proper application, as above ' stated, and paying the usual fee and commissions, for which the receiver will issue his receipt, : the papers to receive their proper numbers in the homestead series, with a reference thereon to [ the original entry. Thereafter, when the party shall make final proof on the original entry, he I will be required to pay the final commissions on both entries, when a final receipt will be issued I for the money, and a certificate issued covering the tracts in the original entry and the addi- [ tional tract. j Where the party is qualified to make entrj', the Register and Receiver will require him to ' make appUcation in the form prescribed below, and to pay the same fee and commissions as in cases of original entry; whereupon the Receiver will issue his receipt for the money paid. Thereafter the party will be required to pay the final commission, when a final receipt will be issued for the money. On these papers the Register and Receiver will make a reference to the original and the additional entry, and on them a patent will issue. APPLICATION. No Land Office at , (Date) , 18—. I^ ^ of county, State of , being entitled to the benefits of section 2306 of the Re- vised Statutes of the United States, 'granting additional lands to soldiers and sailors who served in the war of I Ae rebellion, do hereby apply to enter the of section , of township -, of range , contain- acres, as additional to my original homestead on the of section , of township , of range , containing acres, which I entered , 18—, per homestead No. . Land Office at , (_Date) , 18—. I, , Register of the land office at , do hereby certify that — — filed the above application before me for the tract of land therein described, and that he has paid the fees and commis- sions prescribed by law. . . RULINGS. Where a soldier's additional homestead claim was filed, with all the papers then required, by an agent, who also filed a power from the homesteader, authorizing the agent to prosecute the claim and receive the certified papers, they should be delivered to the agent, if he has done all within his power to discharge his duties, although later papers were filed by another agent with a power of attorney revoking the elder power. Rule applied to this case, where the certified papers contained affidavits filed by the junior agent under regulations bsued after the elder papers were filed(»). 4 (») C. A. Allison, Land Owner, Vci. Z, p. 138. THE AMERICAN SETTLER'S GUIDE. A homestead declaratory statement can only be filed in case of an original homestead entry, And not for an additional tracts). A soldier is entitled to make an entry of one hundred and sixty acres, of either minimum ■vr double minimum land, but having once made an entry, subsequent to June 22, 1874, his ights under the Homestead Laws are exhausted, notwithstanding he may have entered leu rhan one hundred and sixty acresC*). A soldier who elects to make an additional homestead entry of a less number of acres than he is entitled to, cannot make another entry for the balance(*). A qualified soldier or sailor who homesteaded eighty acres and entered forty acres addi- tional under the act of June 8, 1872, will be allowed to enter enough more to make up one hundred and sixty acres, if the first two entries were made prior to June 22, i874(*). The abandonment of an original homestead entry of less than one hundred and sixty acres »ill not disqualify a soldier or sailor from making an additional entry, but settlement and cultivation must be made upon the additional tract the same as in case of an original entry(*). Applicants for additional land will be charged the original and final commissions in all casesC). A qualified soldier under section 2306 of the Revised Statutes may enter enough more land than his original entry to make up one hundred and sixty acres, and pay cash for a small excess. But where he applies to enter a tract or tracts, the area of which, added to that of his origi- nal entry, shall exceed the one hundred and sixty acres by a greater excess than the area it would require to make up the deficiency, such application should be rejected (s). A soldier's additional homestead certificate cannot be located on a tract where the excess in area is more than the number of acres called for in the certificateC"). A contest for abandonment of an additional entry will not be entertained(') . Ill, Special Relief. In the first section of the act of Congress of July I, 1879, entitled "An Act for the relief mf settlers on the public lands in districts subject to grasshopper incursions" it is provided — " That it shall be lawful for homestead and pre-emption settlers on the public lands, and in all cases where preemptions are authorized by law, where crops have been or may be de- stroyed or seriously injured by grasshoppers, to leave and be absent from said lands, undet such rules and regulations, as to proof of the same, as the Commissioner of the General Land Office shall prescribe; but in no case shall such absence extend beyond one year continu ously; and during such absence no adverse rights shall attach to said lands, such setllexk being allowed to resume and perfect their settlement as though no such absence had oc curred." And in its second section it is provided — " That the time for making final proof and payment by pre-emptors whose crops shall hav-, been destroyed or injured as aforesaid, may, in the discretion of the Commissioner of the General Land Office, be extended for one year after the expiration of the term of absence provided for in the first section of this act ; and all the rights and privileges extended by this act to homestead and pre-emption settlers shall apply to and include the settlers under an act entitled 'An act to encourage the growth of timber on western prairies,' approved March third, eighteen hundred and seventy-three, and the acts amendatory thereof." The proof required in the first section of said act may consist of the affidavit of the clatm- (•)J. N. Langford, Copp's Public Land Laws, p. 281. (*) J. J. Thomas, Land Owner, Vol. 5, p. 147. (0) Joseph Alsip, Land Owner, Vol. 4, p. 179. (*) Charles Radamacker, Copp's Public Land Laws, p. a8o. (•) J. W. Hays, Land Owner, Vol. 3, p. ai. (f) J. Atkinson, Land Oiuner, Vol. i. p. 35. («) Miles Schoolcraft, Land Owner, Vol. 2, p. 99. (l>) W. C. GleasoD, Land Ovm*r, Vol,6, p. VJL O NVhite vt. Lafferry, Copp's Public Lects duly qualified. The party for whose benefit the act shall be invoked must have become insane subsequent to (tie initiation of his claim, and the act will not be construed to cure a failure to comply with the law, when such failure occurred prior to such insanity. If such claimant is shown to have complied with the law up to the time of becoming insane, final proof will not be received in homestead cases until the expiration of five years from the date of the original entry, but proof of residence and cultivation will be required to cover only the period prior to such insanity. If a claimant becomes insane a/Her expiration of the period of residence, etc., the act will be construed to permit his guardian to act for him within the time in which he might have made final entry himself. The final proof must be made by a party whose authority to act for the insane person during such disability shall be duly certified under seal of the proper probate court, and no proof of citizenship, except of declaration of intention to become a citizen, will be required. Act of January 13, 1881 — Railroad Lands. An Act for the relief of certain setUers on restored railroad lands. 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 per- mission or license of the railroad company for whose benefit the same shall have been nude, and with the expectation of purchasing of such company the land so settled upon, which land so settled upon and improved, may, for any cause, be restored to the public domain, and who, at the time of such restoration, may not be entitled to enter and acquire title to such land under he pre-emption, homestead, or timber-culture acts of the United States, shall be permitted, at ny time within three months after such restoration, and under such rules and regulations as the Commissioner of the General Land Office may prescribe, to purchase not to exceed one hun- dred and sixty acres in extent of the same by legal subdivisions, at the price of two dollars and fifty cents per acre, and to receive patents therefor. THE AMERICAN SETTLER'S GUIDE. 5b Act of March 3, 1881 — Climatic Reasons. An Act to amend section two thousand two hundred and ninety-seven of the Revised Statutes relating to homestead settlers. Where there may be climatic reasons, the Commissioner of the General Land Office may, ic his discretion, allow the settler twelve months from the date of filing in which to commence his residence on said land, under such rules and regulations as he may prescribe. REGULATIONS IWDER THE ABOVE ACT. At the expiration of six months from date of entry, the homestead party who has not been able to establish a bona fide residence upon the homestead, owing to climatic reasons, must file with you his affidavit, duly corroborated by tvvo credible witnesses, giving in detail the storms, floods, blockades by snow or ice, or other climatic causes, which rendered it impossible for him to commence residence within six months. It will be insisted in each case that the claimant shall exercise all reasonable diligence in establishing bona fide residence as soon as possible after the climatic hindrances have disap- peared ; and a failure to do so would imperil the entry in the event of a contest prior to the expiration of one year from date of entry. A claimant cannot be allowed the latitude of twelve months, when it can be shown that he could have established his residence on the land at an earlier day. To the end that proper data may be placed on file, you will require each settler who seeks the remedy which said act trusts to my discretion, to furnish a supplemental corrob- orated affidavit as soon as residence is established by him, giving date of the completion of his house, its probable value, and the date of commencing residence therein. The affidavits called for should be acknowledged as in homestead proof, before a judge or clerk of the court of the county in which the claimant resides, or before a district land officer. RULINGS UNDER ACT OF MARCH 3, 1 879, ALLOWING ADDITIONAL HOMESTEADS, (see p. 27.) A homestead claimant, otherwise qualified, may make an additional homestead entry, not- withstanding his original homestead entry was changed to a cash entry under the act of Jun 15, i88o(»). A new entry under the act may be allowed, notwithstanding a settlement on the land em- braced in the original entry was not made, as the privilege allowed by the law is unconditional. Cultivation and settlement must be made on the additional landC*). New entry will be allowed without any additional payment of fee or commissions, without regard to the area of land heretofore entered, or applied for, or the amount of fee and commis- sions previously paidC). Filing of Plat of Survey. The following regulations were issued to registers and receivers, October 22, 1885 : 1. You will forthwith post a notice in a conspicuous place in your office, specifying the town- ship that has been surveyed, and stating that the plat of survey will be filed in your office on a day fixed by you and named in the notice, which shall be not less than 30 days from the date of such notice, and that on and after such day you will be prepared to receive applica- tions for the entry of lands in such township. 2. You will also send a copy of such notice to the postmasters of the post-offices nearest the land, and a copy to each clerk of a court of record in your district, with the request that the same be conspicuously posted in their respective offices. 3. You will furnish the public press in your district with copies of such notice as a matter of news. 4. You will give such further publicity of the matter in answer to inquiries (for which yo« will charge no fee) and othei-wise as you may be able to do without incurring advertising expenses. Approved October 22, 1885. W E D. Sewall, L^md Owner, Vol. 8, p. 72. C") Anton Rager, Land Otvner, Vol. 8, p. 35. (") Instructions, Land Owner, Vol. 8, p. 71. •'^ THE AMERICAN SETTLER'S GUIDE. Late Rulings Under the Homestead Laws. SETTLEMENT AND ENTRY. A party who goes upon public land as a tenant for a pre-emptor or homesteader cannot claim against his landlord(»). Where a party goes upon public land as the tenant of an absent person who has not made enlry of the land, he may make entry in his own nameC"). The tenant of a railroad company cannot base a pre-emption or homestead claim upon oc- cupancy of the railroad right of way(''). A homestead entry must be canceled where a party fails to show citizenship(^). Parties desiring to enter government lands under the homestead or timber culture laws, who are alien born, and stale in their affidavits that they have declared their intention to become citizens of the Uniteu States, must furnish record proof of the same to accompany their appli- cation and affidavit(''). A homesteader who is naturalized through his father, must show that he %vas dwelling within the United States at the time(f). Pending a pre-emption claim, a party cannot make a homestead entry without abandoning his pre-emption claim(s). Where a qualified party desires to make both a homestead and a timber culture entry, he may commence contest against two timber cuhure entries (*>). A homestead claimant who relinquished his homestead in Kansas on account of grasshopper ravages, exhausts his right of homestead, and cannot make a second entrj' in another State(i). Where a homestead settler dies before completing the proceedings for making a homestead entry, the administrator may make such entry for the benefit of the infant children (the mother being dead), and in due time make the required final proof(J). A mmor's entry is canceled, but he is allowed to make another entry of the land ^vith credit for settlement from the date he became 21 years of ageCf). Where an application is made by a party to enter land as a homestead, and the party dies before the entry is perfected, his heirs may make the desired entry ('). An heir can claim in general only when the ancestor's right was perfect at his death("»). A married woman cannot make a homestead entry or a timber culture entry unless she has beei. deserted by her husband, or for some other reason can be regarded as the head of the fainil/C). A widow as the legal representative of her deceased husband may continue to cultivate his homestead, and at the same time make an entry in her own name(»). The mere fact of consanguinity with a local officer will not invalidate a homestead entry. As the homestead party is not a member of the Receiver's family nor an employee in the land office, his entry is allowed to stand(P). A homestead entrj' by a sister of the Receiver is not objectionable on that account alone(<>). A party made a homestead entry, and prior to the end of six months from date of such entry, made cash entry on a pre-emption filing covering different laud : field, that the home- stead entry should be canceled(''). A qualified party may relinquish his timber culture entry, and enter the same land as a homcstead(»). (•) Callahan vs. McLavighIm, Land Owner, Vol. 10, (J) Fred. Muske, Land Owner, Vol. 10, p. 35. P- =S6. (k) W. T. Bostwick, Land Owner, Vol. 10, p. 89 (*) Fickerrj. Murphy, /,««) Gardner vs. Snowden, Land Owutr, Vol. 10, p. Vol. 10, p. 241. ^73- (-) Elias Brechbill, Land O^untr, Vol. 10, p. 262. C) Thomas Madigan,'Za«avis vs. McNeel, Land Owner, Vol. 11. p. 85. W W C Latimer, Land Owner, Vol. 8, p. 122. THE AMERICAN SETTLER'S GUIDE. 55 A patent may be corrected so that the patentee's name shall agree ^^ith his signature. But if the claimant signed his name incorrecUy in his application, his remedy is in the courts(»V An association cannot enter land under the pre-emption or homestead lawC*). '' A homestead settler on unsurveyed public land not yet open to entry must make entry witliin three months after the filmg of the township plat of survey in the district land o.ficeC). The act of settlement must be notorious and significant of a purpose(<«). The mere act of locking the door of a purchased house is not settlement(«). Settlement is a personal act, and can date only from the time the party went upon the land. Purchase of prior improvements does not transfer vendor's date of settlement(n. Work by a party who is hired to dig a ditch cannot be claimed as an act of settlement(«). Existing entries are a bar to other entries or filings not based on prior setdement. The Ume during which plats are withdrawn from the local office, does not run against homestead or pre-emption claimantsC") Credit is not allowed for settlement on land not subject to entry('). A subsequent settler who enters unenclosed land without force can acquire tide(J). Acts of settlement performed while the land is embraced in a homestead entry give a claimant no legal status. After cancellarion of the entry the rights of two pre-emptors must be determined by their settlement, and not by their residence ; the first bona fide settler takes the land in dispute if followed within a reasonable time by his residence thereon("') A settlement is an appropriation of land, and a subsequent entry is subject to the settler's compliance with law. The entry appropriates it against the world, except the prior settler. The assertion of tlie settler's clatm initiates a contest. The burden and expense of proof is upon the entryman. The settler's applicadon to transmute must be received, and the entry- man given an opportunity to show cause why it should not be permitted('). A homestead entry is an appropriation of the land involved, taking effect from date of set- tlement, and after that date a pre-emptor could acquire no rights to the land except on can- cellation of tlie homestead entry (™). In case of unsurveyed lands, where a party notifies a subsequent settler to keep uis stock away from the land covered by the prior party's improvements, it is sufficient notice that he claims the subdivision upon which his improvements should appear to be when survey was made(°). A party purchasing from the U. S. a tract on which are abandoned improvements, may claim the improvements found upon it at date of purchase(''). While a homestead entry remains uncanceled, another entry of any kind canijot be al- lowied(P). An entry of record valid on its face excepts a tract of land from a subsequent law, grant or sale until a forfeiture is declared(i) A mere occupant of public land has no right thereto ('). Joint entry by pre-emption and homestead claimants may be allowed('). Where two homesteaders settled before survey on the same forty-acre tract, joint cash entry may be made('). The practice of allowing parties making a homestead or timber-culture entry credit for the fee and commissions paid by them on a canceled prior entry i s discontinuedC). (•) Alexander Chaboillez, Land Ower 'Vol. 9, p. 84. (•) Slale vs. Dorr. Land Owner, Vol. .op. 3". (0) Krom vs. Lineberg, Land Owner. Vol. 9. P- 167. (") Cragin vs. Mclbarg. Land Owner, \ ol. ,0. p. .68. («) Land Office Circular. March i, .884, p. 12. (") Hart vs. Guiras, Land Owner. \ o . .0, p. 3^6. (4) Morgan vs. Maxwefl, Land Owner, Vol. 10, p. 70. (°) Bishop vs. Porter, Land Owner Vol. 9 P- «66- (.) Cragin vs. Melbarg, Land Owner, Vol. 10, p. i63. (P) Whitney vs. Maxwell. Land Owner. Vol. .0, p. (0 Knightz/f. Haucke, Za»^ Oiwji-r.Vol. lo.p. 281. 104. (r) Cook vs. Slattery. Land Owner, Vol.xo. p. 194. W St. P.. M. & M. R. R. Co. vs. Rouse. Land (!>) Ernest Trelut. Land Oivner, Vol. 10, p. 333. Owuer, Vol. .0, p. 215. (') Michael McVey. Land Owner, Vol. 8. p. 92. (') Charles Stevens, Land Owner, VoX. .0. p. i~.l (J) Brown vs. Quinlan. Land Owner, Vol. .0. p. 7. C) Burton vs. Stover, I^nd Owner. Voi. .0 p 345- (k) McAvinney vs. McNamara. Land Owner. Vol. (•) MiUer^.. Stover. ^"'^ O^;;'^^^]- '^•^''^- 10, p. 274. \' Insu-JCtions, Land Owner, Vol. 10, p. 306- 58 THE AMERICAN SETTLER'S GUIDE. The term " quarter-section " is used to designate a certain legal subdivision of the public land ascertained by official survey. It generally contains just i6o acres, but through the un- avoidable inaccuracy of surv'eys in adjusting meridians, etc., it often exceeds or falls below that amount. It is still, however, the technical legal quarter section defined by law and as- certained by official survey. A homestead settler may enter i6o acres in legal subdivisions lying contiguous to each other without reference to the quarter-section lines, or he may enter a technical quarter-section as such, in which case he can take the amount of land contained therein, as shown by the official survey. In entering a " quarter-section," he cannot depart from the ascertained lines, but must take one hundred and sixty acres, more or less, as the case may be. In an entry of one hundred and sixty acres, as nearlv as may be, composed of fractional lots bounded by irregular lines, as in case of entry along creeks and the like, or from an entry embracing subdivisions of different quarter-sections, an applicant may elect be- tween any of the contiguous fractional subdivisions, and approximate his entry to 1 60 acres without forfeiting any right(»). An excess payment, where the amount would be less than one dollar, is now required, in homestead and timber culture cases. Where the excess above 160 acres is less than the deficiency would be should a subdivision be excluded from the entry, the excess may be included, but when the excess is greater it is excluded ("=). Section 2290 Revised Statutes does not refer to a technical half-quarter section when it pro- vides for a fee of $5 for a homestead entry of " not more than 80 acres; " the fee is $10 where a half-quarter section contains 82.09 acres('*). Parties who yield to the unlawful and unauthorized demands of the Receiver for money, do so at their peril, and the government will not make good their losses. A public officer can bind the government only so far as the law provides. All parties are presumed to know the law, and the scope of a public officer's agency(*). A homestead application, erroneous in form, afterwards corrected, should tike effect from ihe date when first received at the local land office('). Where there is more than one court of original jurisdiction in a county, the clerk of each court is authorized to take preliminary homestead affidavits under Section 2294 R. S(k). The homestead entry of a tract not legally subject thereto is void, and must be regarded as never made. The party may thereafter apply to make a legal entry C*). In view of the altitude and lack of moisture, the land in this homestead entry will not pro- duce crops. A relinquishment and second entry are permitted('j. [Overruled.] A second homestead entry will not be refused on account of carelessness in selecting land upon which a prior settler is actually residing(J). [Overruled.] Land overflowed during the late winter and early spring months, but tillable after the first day of June, is not "swamp and overflowed land" within the meaning of the law(*). Filings and entries cannot date back of day when reserved land is ordered restored to th» public domain. But no mere de facto reservation or appropriation can affect the rights of qual- ified claimants. A presumptive reservation may be overcome. Erroneous markings on plats and field-notes do not constitute reservations, and such markings are not conclusive evidence of the character of land(>). A mineral application cannot be received for land covered by a homestead entry, until the ^) Pcder O. Aanrud, Land Owner, Vol. 7, p. 103. (») Rue vs. Hicks, Land Owner, \o\. 10, p. i(58. (^) A. R. Greene, Land Owner. (i) Silas Halsey, Land Owner, Vol. lo, p. 273. (•) H. P. Sayles, Land Owner, Vol. 10, p. 210. (J) Frank Neisingcr, Land Owner, Vol. 10, p. 3»> (<") Reuben Decker, Land Oivner, Vol. 6, p. 193. (l>) State of Oregon vs GooiUow, Land Owner, Vol (•) H. O. Hodges, Land Owner, Vol. 7, p. 150. 10, p. 176. j*) Banks vs. Smith, Land Owner, Vol. 10, p. 226. (I) Cole vs. M.irklcy, Land Ourner, Vol. 10, p. »3a, («) Ashley D. Stephenson, Land Oufier, Vol. ii, p 38. THE AMERICAN SETTLER'S GUIDE. rr, agricultural character of the land is disproved at a hearing. A homestead entry is a rescrv;. tion of the land embraced thereby(»). Land within a homestead entry cannot be embraced in a military reservatirtn(»>). ■Where lands have been surveyed, and there is no withdrawal for mihtaiy purposes, a tern porary occupation of the land as a military encampment does not subject the same to theexchi sjve control of the Secretary of War. It is still subject to occupation as public lan(ls(«). If a homestead claimant who has sold a church site fails to perfect his claim his wnrrantv deed is worthless against the govemmentC^). Where double minimum land has been selected and certified to a state under the Internal Improvement Grant settlement thereon cannot be permitted, notwithstanding such certificatioo is alleged to have been erroneous(«). A mortgage is not void under the homestead actC) The rights of homestead claimants within the incorporated limits of a city or town-site may be protected by the act of March 3, 1877(8). Homestead claimants on timber lands are liable to prosecution for removing and selling timber before final proof is madeC"). Where the facts show good faith in the settlement and cultivation of the land by the home- steader, the cutting and selling of the timber on his land need not be reported by special agents('). Land that corners on another tract does not "adjoin" it(J). Residence and Cultivation. The period of continuous residence and cultivation begins to run at the date of actual settle- ment, in case the entry at the district land office is made within the prescribed period (three months) thereafter(*). An actual, personal, continuous residence is not necessary in a homestead entry('). A party who temporarily leaves his homestead to care for other property does not abandoi his residence thereonC"). The fact that a homesteader sometimes camped and slept and ate upon the land, cannot b« regarded as residence(''). Where a party made reasonable attempt to commence residence, but was prevented by threats, the failure to effect residence should not cancel his homestead entry(»). Residence cannot be claimed on a tract during the time it was covered by another home- stead entry(P). Enclosing a homestead entry with a pre-emption entry and residing on the pre-emption ta- lly is not a compliance with the homestead law(i). Residence on an adjoining tract, and culUvation of the land embraced in the homestead entry, is not a compliance with the law('). Residence on a homestead must be in person and cannot be by proxy, even by a member of the entryman's family(»). Residence is largely a question of intent('). Intentions are not the equivalent of actual residence and improvementC). ^ («) Hooper vs. Ferguson. Land Owner, Vol. 10. p. (-) Owings vs. Lichtenberger. LanJ Oumrr, Vo«. ,. (») R%. Lincoln, Land Own.r, Vol. 8, p. 7^. « ^r'belu vs. S. P. R. R. Co., Land Or^rr. V.L (0) Instructions, Land Owner, Vol. 8, p. 73. 9. P- 8'- («) W. A. Fitzgerald, Land Owner, Vol. 9. P- 94- C) Andrews vs. Forest W Owner. Vol. 9. P- .3- « J. M. Deweese. Land Owner. Vol. xo, p. 359- C) J°»^" ^h"-"' ^"/ J"""-' T!' J'^/ VC ^ Deweese z,,. Wilson. Land Oruner, Vol. .0. p. .86. (.) Barbeau vs. S. P. R. R. Co.. Land O^r. VoJ. p) C. M. Bird. Land Owner. Vol. 10, p. 106. 9. P- «•• ,0 t. 10. p.) Miles Borden. Lan^ Owner, Vol. 8. p. 9- « Guyton .,. Pnnce. ^'"',^'^; ^;' ,'°;''^'l J .,, ., ^ ... , , ,. ,r-, „„, (*\ Rarbee vs. Gilmo.c. Land O^imtr, Vol. lo. p. 90. C) W. N. B. Alderson. Land O.oner. Vol. xo, p. .95- C) Barbee vs. Gilmo.c. ^"'^ ^^'J' \^'^ ;• ^ ^• (1) E- N. Watson, L^nd Owner. Vol. xo, p. ..7. "^ Thomas vs. Thon.a.s, La.d Owner, Vol. .0. p. ., (») General Circular of March i. 1884, p. X3. P) Edwards vs. Sexson, Land Owner, Vol. g, p. T^ 5 THE AMERICAN SETTLER'S GUIDE. Where failure to comply with the homestead law results from causes beyond the reasonable control of the claimant, his entry should not on that account be canceled (»). \Vhere a claimant temporarily leaves his land for the purpose of earning an honest liveli- hood, coupled with a bona fide intention of complying with the law, such absence is accounted a constructive residence and compliance with legal requirements^'). Parties living and doing business in cities and towns cannot secure titles to public lands by occasional visits to their claims. The visits in this case aggregate little more than one month of actual residence in seven months from date of homestead entry — the entry having been made in October and the proving up in May following, with settlement a short time prior to entry (0). A homestead entryman, who cultivates and improves the land embraced in his entry, but who never resided thereon, is not excused because elected to a public office which requires his residence elsewhere^). The several rulings noted below as («), ('), (8), (t) and (*), which under the former admin istration of the General Land Office allowed certain officials the privilege of residing else where than on their homesteads, have been reversed by Commissioner Sparks, who holds thai an official must reside upon his homestead, and if his duties conflict with his compliance with :he settlement laws, the office or the homestead must be given up. Commissioner Spaiks is determined that the settlement laws shall be complied with. Par- lies who cannot comply therewith through poverty and otherwise must give way to people who can. The pubhc domain is becoming so reduced in area that the Uberal policy which heretofore sought to divest title thereto as rapidly as possible, so as to bring the land under taxation and possible improvement, is no longer in vogue, but the remaining lands are held for actual settlers. Stock raising and dairy production are so akin to agricultural pursuits, that in grazing coun- tries proof of settlement and use of the land for such purpose is satisfactory compliance with the homestead law(J). In case of a deceased claimant who had not resided upon or cultivated the land embraced in his entry, the heir or devisee, though not required to reside upon, must cultivate and im- prove the tract, or the entry may be contested for abandonment(''). A new homestead entry will be allowed where the important condition of cultivation can- not be compUcd with('). [Overruled.] Amendment. An amendment cannot exclude intervening rights("). Homestead entry may be amended to embrace a contiguous lot not included through error of local officers(°). Where a party homesteads one tract of land and settles on another tract, but does not apply £0 amend the entry until after a valid adverse right has intervened he loses his improvements (*). Final Proof and Commutation. Notice of intention to submit final proof must be published once a week for six weeks(P). (») John R. McMinn, Land Owner, Vol. ii, p. 37. (') Clark vs. Lawson, Land Owner, Vol. 10, p. 227. (k) Sandall vs. Davenport, Land Owner, Vol. 11, p. (J) T. W. Luning, Land Owner, Vol. 7, p. 135. 71. (k) Stewart vs. Jacobs, Land Owner, \ ol. 7, p. 135. (<^ Campbell vs. Moore, Land Owner, \o\. 11, p. 72. (') L. P. Skarstad, Land Owner, Vol. 9, p. 58. (*) George W. Sheppard, Land Owner, Vol. to, p. 36. (™) Richard Griffiths, Land Owner, Vol. 10, p. 366. (•) Harris vs. Radcliffe, Land Owner, Vol. 10, p. 209. (") Thomas Hammill, Land Owner, Vol. 10, p. ao8. O W. T. Huey, Land Owner, Vol. 11, p. 37. (») Sederquist vs. Ayers, Land Owner, Vol. 10, p. (») W. E. Whiting, Land Owner, Vol. 11, p. 37. 227. <*>) Jacldin vs. Samuclson, Land Owner, Vol. 10, p. (p) M. E. Parker, Land Owner, Vol. 10, p. 103. 3". THE AMERICAN SETTLER'S GUIDE The published notice invites all parties to show cause, if any, why an entry should not b allowed, and any testimony showing a better right in another should be considered(»). Final proof taken before the judge or clerk of court, must be made where the court is held and the seal keptC"). Fmal proof in a homestead and pre-emption entry may be made before a county clerk at his office, notwithstanding no court may be held in his county ('). The county judge or clerk of court* must transmit to the Register and Receiver the home- stead proof and pre-emption affidavit taken before said judge or cleVkC"). The final proof should be co7npleted within seven years from date of entryC). Upon a protest against final proof, any testimony showing a better right in the adverse claim- ant is competent whether based upon the allegations contained in the protest or not('). Occupation of a number of buildings, as a town or place of business, on a tract of land at date thereof, is no bar to final entr}-, should such occupation be temporary and cease before offering of final proof(s). Final proof may be made where a county is in two land districts at the county seat, though it may be in another land district. Only disinterested persons living in the vicinity and cognizant of the facts sworn to are com- petent witnesses in making final homestead and pre-emption proofC^). In pre-emption and commuted homestead ca=es, the testimony of witnesses, in offering final proof, may be taken before any officer authorized to administer oaths; but under section 2292 and act of March 3, 1877, the testimony of witnesses must be taken before the officer before whom the claimant appears('). [Modified by Circular of March 30, 1886.] An absolute conveyance by the claimant of a small portion of an acre belonging to the homestead tract, does not disqualify him from making final entry, as notice of such a small matter need not be taken cognizance of in the administration of the law. An agreement to convey land, entered into by a party prior to final proof, is not considered as evidencing bad faith in making the entry, should he obtain a release from the contract ; such a contract, in any case, is no bar to making the final affidavit, inasmuch as it does not constitute the alienation which the law prohibits (J). A verbal agreement to sell land, is not binding under the statute of frauds, and will not in- validate the rights of a homesteader. Where a claimant has made final proof and paid or tendered the fees and commissions, he is entitled to a final certificate, and has a right to make an agreement to sell the landC). Where final proof of a homestead claimant is satisfactory except that he has made a quit- claim deed for the land in question, he should be allowed an opportunity to prove his allega- tions that such deed was made under duress('). Five rules are laid down, which recognize a deserted wife or child as the absent husband's agent: 1. Where the entryman has established a residence and placed his wife upon the land, no one but his wife shall be heard to allege the desertion, in proof of his change of residence or abandonment, during the period of seven years from date of the entry, provided that she maintains a residence on the land. 2. Within seven years from date of tlie entry, if the wife, maintaining her residence on the land, shall allege and prove her husband's desertion of her, said entry shaU be canceled, and she shall be permitted to enter the land in her own name, provided that she is the head of a family, or that she has the leg al rignt to acquire real property as a feme sole. ^ (.) Spencer r-x.Carleton. Land 0..-ner,NoX. ii.p.pS- C) W. W. Burke Z«««*-. («) Instructions, Land Owner, Vol. 8, p. 35- ^°^- '°' ^-J} ' ,, . j n ^,^ Vol 10 o ■*»* . Christy ... Siegel, Land Owner, Vol. 9. P- x49. (*) ^""^^ ^fl^'^'^'^^'^'f "jj^^:; Vo , o' p 3^' (0 Spencer... CarIeton,ZWO«.«.r, Vol. .z,p.98. « Lorenzo Van G.eson, ^«). The devisee of a homestead claimant has the same right as his heirs, in case there are no heirsC). A homestead claimant cannot by will defeat the law which provides who shall take the komestead in case of his death(J). Where a homestead claimant applies to make cash purchase of the land embraced in his entry, he must show cultivation of the land as well as residence thereon(''). Abandonment and Contest. In homestead cases six months and one day must elapse before contest can be initiatedC). Where a party makes an entry in fraud of the homestead laws, a contest may be ordered at any time to defeat such fraud and protect the interests of the government("). If the homestead party fails to make proof after seven years, the would-be contestant has a preference riglit of entry if the sole occupant of the landC). (•) Bray vs. Colby, Land Owner, Vol. 10, p. 360. (») Fred Muske, Laiul Owner , Vol. 10, p. 35. (») Dodd vt. Gamble, Land Owner, Vol. 10, p. 359. (i) H. C. Dodge, Land Owner, Vol. 8, p. 193. (•) Adolph Scidensticker, Land Owner, Vol. 8, p. 55. (J) Sarah Leonard, Land Owner, Vol. 9, p. 6. (*) John J. Jones, Z^«rf Own^r, Vol. 9, p. 73. (k) Lorenzo A. Paddcck, Z,a»<^(92«;«^r, Vol. 10, p. 91. (•) Suspended Entries, Land Owner, Vol. 7, p. 91. (i) Baxter vs. Cross, Land Owner, VoL 11, p. 103. A. B. Hays, Land Owner, Vol. to, p. igj. (») Condon vs. Arnold, Land Owner, Vol. 10, p. •C^ W J. F. Folsom, Land Owner, Vol. 10, p. 394. (») Jackson rx. Jackson, J^nd Oii>ner,y). A widow or administrator can alone relinquish when the sole heir of Uie deceased('j. « Thomas w. Thomas, Z.« My present post-office address is , Sworn and subscribed before me this dav of . 18 — . [Seal.] ______^ ■ '•^ Childs vs. Cornelius, Land Owner, Vol. lo, p. («) A. J. Doremus, Land O-unur, Vol. 10, p. 391. i66. C") Henton vs. Howard, Land Owntr, Vol. 9, p. (*) J. L. Gray, Land Owner, Vol. 6, p. 153. 170. (•) S. A. Baker, Landowner, Vol. 10, p. 360. (1) Slate vt. Dorr, Land Owner, Vol. 10, p. 312. (*) Andrew Korbc, Land Owner, Vol. 10, p. 124. (j) F. D. Packard, Land Owner, Vol. 8, p. 91. (•) John Garland, Land Owner, Vol. 9, p. 168. (*) Wolf w. Struble, Land Owner, Vol. 9 p. 148. (*) Whitford vs. Kenton, Land Owner, Vol. 10, p. 374. THE AMERICAN SETTLER'S GUIDE. SOLDIER'S DECLARATORY STATEMENT (FILED BY AN ACEXT). I . . <^* County and State or Territory of . do soleml v swe-ir that T .»r^~l f«, . i« » ? l" ''" ^"'^°"^^ ^'"'f States dnring the waVof the rebellion! alTd'^w^rhro^./Xct.S Vom as shown by a statement of such service herewith, and that I have remain:.! loval to the G w " rnnen, : hat I have never made homestead entry or filed a declaratory statement under sections «,, ,304 o ",rof the Revised btatutes : hat I have appomted, by power of attorney duly executed on the - day of for I do hereby appoint), , of county and State of , my true and lawful awn under section 2309 aforesaid, to select for me and m my name, and file my decl.ratory statement for a hoin-^stcu'l ri^ht under the atoresaid sections ; and I hereby g,ve notice of my intention to claim and enter said tract under said statute: that the location herein authorized is made for my exclusive use and benefit, for the piiri).«e of mv wttual settlement and ;;>;'''v;-u.on, ani not either directly or indirectly for the use and benefit of any oih/r person: that my said attorney has no interest, present or prospective, in the premises, anl that I have ma Ic ao arrangement or agreement w.lh him or any other person for any sale or atteinpie I sale or reliiMuisiim-ni of my claim in any manner or for any consideration whatever, and that I have not si^n.d this djclar.ii ..1 in hianlt. Sworn .and subscribed before me this day of , 18-, and I certify that the forcgiii^ "Jed-IJ^on was fullv hiied out before being subscribed or attested. > o = [Official seal.] " By virtue of the foregoing, and of a certain powerof attorney therein named, dulv executed on the ). A settler, a part of whose claim is surveyed, is not bound to file his declaratory statemeot until the plat of the other township is first filed in the local oflice(<'). A pre-eraptor may settle on land covered by a soldier's filing and file his pre-emption de- claratory statement. After the homestead party has made entry, the pre-emptor is not de- prived of his privilege of making proof and payment because of a third party's contest against the said homestead entryC). Where good cause has prevented entry and an adverse right has been admitted, it will be held proper within the discretion of the General Land Office to allow the soldier to make an entry upon another tract : Provided, That it shall be shown to the full satisfaction of the Com- missioner that the default was practically beyond the power of the claimant to avoid(«). Where a soldier who failed to make entry finds that another party has homesteaded the land embraced in his declaratory statement, he may cominance contest for abandonment if the other'party has not had a legal residence on the landC). A homestead party must in person make entiy and commence settlement and improvemenu on the land claimed within six months from date of his declaratory statement(8). Six months' additional time after entry is not allowed in soldiers' homestead casesC). Notwithstanding a soldier did not live to serve ninety days, his widow will be allowed to apply the term of his enlistment under section 2307 R. S.('). A soldier while serving in the Aimy cannot acquire title to land as a homestead until hii term of service expires(J). The " Home (Guards" of the State of Missouri are rot entitled to make additional home- stead entries under section 2306 R. S-C). [See Act of Congress, May 15, 1886.] A soldier may enter less land than he is entitled to. The balance is waived^'). o Where a soldier was taken prisoner and paroled, and was discharged by reason of such W Hannah vs. Gerard, Land Oivner, Vol. 10, p. 229. (!) W. H. Hyers. Land Owner. Vol. 10. p. 4. (») Helen and Kenyon, Lan,i O-ioner. Vol. 9, p. 213. (*■) Lloyd H. Dillon, Land Owner. Vol 10. p. f». C) Instructions, L^md Owner, Vol. 10, p. 345- J"«us E. Casey, Land O-.vner. Vol. 6, p. 171. (d) John W. Deen, Land Owner. Vol. 10, p. 153- (') L'haries Harris, Land Owner. Vol. 6. p. 190. {") General Land Office Circular, March i, 1884, p. 23. (k) Wilson Miller, Land O.oner, Vol. 6, p. 190. 10 J. H. Hosmer, La,ui Owner. Vol. 10. p. 92. (') Columbns J. James, Land Owner, Vol. (, » r« 64 THE AMERICAN SETTLER'S GUIDE parole, he would be entitled, in computing residence on his homestead entry, to credit for his full term of enlistment, pro^'ided always, that at least one year's residence is had on the home- stead(»). The entire term of enlistment, without reference to when the war of the rebellion closed, Tovems in computing the time in a soldier's homestead entry. After a soldier's widow makes a homestead entry, as such, she may marry without losing the credit of her first husband's term of enlistment(''). A married woman under the age of twenty one years, who is the child of a deceased person, qualified, if living, to make "a soldier's homestead," is a minor orphan child, within the meaning of section 2307, R. S-C). The same forms are used in homestead entries made for minor orphan children of deceased soldiers as in other homestead cases, the application being signed by the guardian for the bene- fit of the children, who must be named. The guardian must appear at the local land office, and make the required affidavit, unless he, or some one of the minor children, are actually re- siding on the land applied for, in which event it may be made before the clerk of the court for the county in which the land is situated. In case the minor child or children should be- come of age before final proof is made, they are not required to establish residence on the land. None but the widow or minor orphan children can derive any benefit of a deceased soldier's service in the army in making an original homestead entry(''). The patent in a homestead entry made by a guardian for the benefit of the minor orphan child of a deceased soldier, must issue to the beneficiary whether he or she is of age at date thereof or not(*). Where a guardian makes a homestead entry for the minor orphan child of a deceased soldier, and said child becomes of age prior to time of making final proof, the final affidavit mu* be made by the beneficiary (^. A certificate of right to make a soldier's additional homestead entry for 19.85 acres may be located on a 40-acre tract, by paying for the excess in cash. In locating soldiers' certificates the general rule is that they can take their face value or lots contaming twice as much, or any quantity less. Ihus a 7^ acre certificate will locate 15 acres or less quantity(«). A soldier's additional homestead entry cannot be made upon lands on which are located the house and other improvements of an actual settler who has asserted his right to the land by a pre-emption filing or homestead entryC"). Act of June 16, 1880 (p. 51.). A contest with the government on allegation of fraud is not a contest with adverse-claims, and cannot be brought within the act of June 16, 1880, allowing repayment for erroneous en tries('). Repayment will be allowed under act ol June 16, 1880, where a second and therefore illegal homestead entry was made through ignorance of the law(J). Act of March 3, 1879. (p. 27.) A woman having married is not disqualified from making a tiomestead entry under Act of March 3, 1879, who would otherwise be quahfiedC). [Overruled.] The Act of March 3, 1879, includes widows and all who succeed to the right of the claim- A party whose original entry has been canceled, has no rights under the law of March 3, (•) O. H. Quimby, Land Owner, Vol. 10, p. 394. (•>) Brooks vs. Tobien, Land Owner, Vol. lo, p. s (*>) Eliiabeth Porter, Land Owuer, Vol. 10, p. 344. (') Thomas Guineau, Land Owner, Vol. 9, p. 153. (•) Maria J. Sluart, Land Owner, Vol. 7, p. 148. (J) Duthan B. Snody, LanJ Otitner, Vol. 10, p. 10. (*) W. A. Sickler, Land Owner, Vol. 11, p. 38. (•■) Eda M. Camochan, Land Owner, Vol. 8, p. 121. (•) E. J. Records, Land Owner, Vol. 10, p. 256. (>) Annie Andereon, Land Owner, Vol. 8, p. 177. O J. F. Folsom. Land Owner, Vol. 10, p. 394. (">) Joseph Birchfield, Land Owner, Vol. 10, p. 37. (I) William H. Glass, Land Owner, Vol. 10, ». 70. THE AMERICAN SETTLER'S GUIDE. G5 When an additional homestead entry is made under the Act of March 3, 1879, the land em- braced need not be actually cultivated to crop(*). A party who entered 80 acres of land under the homestead laws, and received patent there or cannot relinquish his entry and make another one under the act of March 3, iSygC"). Because part of the land in a homestead entry is beyond a railroad grant, should not prcvenl an additional homestead entry under the Act of March 3, iSygC). Under Act of March 3, 1879, no credit is allowed for settlement prior to entry("'). Under same act a homestead entry was allowed notwithstanding no settlement was made under original entry (*). Parties making new or additional entries under the Acts of March 3, 1879, and July i, 1879, have seven years within which to make final proof('). (») Eben M. Gordon, Land Owner, Vol. 9, p. 148. ('') John Casson, Land Owner, Vol. 8, p. 35. (b) George G. Brewer, Land Owner, Vol. 11, p. 4. (•) Anton Rager, Land Owner, Vol. 8,'p. 35. («) Benjamin Geyler, Land Owner, Vol. 9, p. 116. (*) Jemina Benbow, Land Owner, Vol. 10, p. sat. CHAPTER IV. PRE-EMrXIONS. I, Pre-emption Claims. The principal difference between the homestead and ilie pre-emption privilege is: I. That bejond the small fees and commissions to the Registers and Receivers, nothing is paid for the land homesteaded, whereas Si.25 0/52.50 per acre in money or its equivalent must be paid foi tlie land pre-empted. Formerly the homestead right commenced frpnr date of entry at the local land oflTice, while the pre-em|ition riglit was initiated by settlement on lands suljject thereto. But by Act of Congress of May 14, 1880 (see last chapter), a homestead claim is allowed to relate back to date of settlement, like a pre-emption claim. The principal resemblances are : i. That certain time is allowed after the first papers are filed in tire land office witliin which final proof must be made. 2. Residence and cultivation and improvements are necessary to secure title. 3. Settlement may be made on unsui-\-eyed land. Formerly the homestead right could attach only to surveyed land. In this respect it then differed from the pre-emption right. At present there is no such difference between the two kinds of claims. Pre-emptions are admissible to the extent of one-quarter section or one hundred and sixty acres of " offered " and " unoffered," " minimum " and " doul)le-minimum "(') lands, and upon any of the unsurveyed lands belonging to the United States to which the Indian title is extin- guished, although in the case of unsurveyed lantls no definite proceedings can be had as to completion of title until after the surveys are cMended and officially returned to the district land office. Wliere the tract is '■'offered'''' land, the jxirty must file with the district land officers his declara- tory statement as to the fact of his settlement witliin thirty days from the date of said settlement, form below, and williin one year from date of settlement must appear Ix-'fore the Register and Receiver and make proof of his actual residence on, and cultivation of, the tract, and secure the tame by paying cash, or locating thereon military bounty-land warrants, or agricultural-college or other scrip, according to law. DECLARATORY STATEMENT FOR CASES WHERE THE lAXD CLAIMED IS SUBJECT TO PRIVATE ENTRY. I, , of , l>cing , have, since the first day of , A. D., 18 — , settled and Improved the q\i.irter of section No. , in township No. ——, of r.inge No. , in the district of land.i subject to sale at the land office at , and cont-iining acres, which land htui been rendertit sul\}ect to firiTatc tntry prior to my settlement thereon ; and I do hereby declare my intention to claim the said tract of laud as a pre-emption right, under section 2259 of the Revised Statutes of the United States. Given under my hand this day of , A. D., 18—. In presence of — — — . NVhere the tract has been surveyed and not offered at public sale, the claimant must file his declaratory statement within three months from date of settlement, and make jiroof and payment within thirty months after the expiration of the three months allowed for filing his declaratory .notice, or, in other words, within thirty-three months from date of settlement. i \Vliere settlements are made on unsurveyed lands, settlers are required, within three months after the date of the receipt at the district land office of the approved plat of the township embracing their claims, to file their declaratory statement with the Register of the projier land office, as in cases of unoffered hnd al)ovc, and tliereafter to make proof and payment for the (•)Thi:»c four terms were explained in the first chapter. (GG) THE AMERICAN SEITLER'S GUIDE. 07 -iract within thirty months from the expiration of said three months. The local orBcers usually publish a notice when the plat is filed. When two or more settlers on unsurveyed land are found upon sur^•ey to be residin- upon o. to have valuable improvements upon, the same smallest legal subdivision, they may Lie join! entry of such tract, and separate entries of Uie residue of their claims. This joint entry nuy be made in pursuance of contract between the parties, or without it. DECLARATORY STATEMENT FOR CASES WHERE THE LAND IS NOT SlHiJECT TO PRIVATE ENTRY. to saJe at the land ofT.ce at , and containing ___ aci^ Xhkh land h^s no. v^, ^ % ?'^ "'^'^ ^le ...d thu.s rendered subject to private entry ; a'nd I do he^V declarl'i^fy imerion'' ^ c'b m^tKa'txlI^hj land as a pre-empfon nght under secfon 2259 of the Revised Statutes of the United Sut« Given under my hand this day of , A. D., 18— " ouiict. In presence of — — . • a. WHO ARE QUAUFIED PRE-EMPTORS. The pre-emption privilege is restricted to heads of families, widows, or single persons over the age of twenty-one, who are citizens of the United States, or who have declared their inten- tion to become citizens, as required by the naturalization laws. This does not include Indians, except such as have ceased their tribal relations and been declared citizens by treaties or acts of Congress. Those are excluded who own three hundred and twenty acres of land, who have left agricol- Tural land of their own (not a town lot) in the same State or Territory, and those who intend to settle for the purpose of speculation instead of cultivation and residence.* If a single woman marry after filing her declaratory statement, she abandons her right as a pre-emptor(*). Under the pre-emption laws, the " head of a family " means the actual living head of a family. A deserted wife or one whose husband is a confirmed drunkard may be the head of a family{*). A married woman who has minor children and has been abandoned without cause by her husband and left to support and maintain herself and children, is the head of a family, and en- titled to pre-empt in her own name(«). A party's declarations of being a naturalized citizen or having declared his intentions to be- come a citizen are not competent evidence, though his declarations that he is not a citizen are competent^). A party cannot hold public land as a tenant for a claimant under the pre-emption law(»). d. SETTLEMENT AND FILING. From the moment a claimant enters upon land subject to pre-emption with the intention of remaining and entering the land according to law, and does some act showing such intention, he is a selller('). Such act may consist in erecting a house, clearing timl)er, building fences, etc. Having made a settlement, his next step towards securing title is the filing of his declaratory statement witliin the time specified, or he will be liable to lose his claim. The pendency of a contest between two pre-emption claimants does not exchnlc pre-eniptiim settlement and filing. They may be made subject to Uie decision in the contest pending(«). The filing of a declaratory statement before settlement is a nullity. A settler may file a second declaratory statement for tlie same tractC). [Overruled.] A settler can make but one legal filing under the pre-emption la\vs('). But one pre-emption right is extended to the settler, and only one declaratory statement ran be legally filed by the same party(J). (.) Ellen Allanson. Copp's Public Land Laws, p. 287. 0>) W.^keman vs. Bradley. LanJ Owner, Vol. ..p. .6. (') Sarah E R. Hazclrigg, Copp's Public Uuid Uws p. 286. I^SZ'^^ri^^^i^^^^'^'^y'f^^^^^^^ Copp-s Public Land Uw.. p. ^ («) Schafer vs. Scheibel et aL, Copp's Public Land Laws. p. 292- (k) Wm. L. Philips, £««;/ tJrywc^-, Vol. 8, p. 139. r„«v /),,-,„. Vol ^ o to. (<) Maria Stevens, Lan.i 0,vner, Vol. 4, P- 39- 0) M'"°' »*■ ^"ggs, Land Oxvmr, Vol. 4, P. 8». •Austriaj] vs. Hog.-xn, Uimi Owner, Vol. 6, p. i?*- 68 THE AMERICAN SETTLER'S GUIDE. Section 2261, Revised Statutes, forbids second filings where the first is legal. Local officers are directed to allow no second or amended filings witliout first submitting the facts to the Commissioner of the General Land Office, and after receiving formal authority for such actiofi(»). A declaratory statement can be amended only in case of mistake or misdescriptionC*). To allow a second filing by one who knew his first filing was illegal, and who claims to be benefited by the illegality of his first filing, would be allowing a party to take advantage of his own wrong, and encourage others to wrong-doing, by removing the penalty thereforC). A second filing is allowed in case of a minor, a bona fide settler, on becoming of age, as an amendment, to correspond with the facts of his legal setdement, provided there is no adverse claim (<•). \Vhere a party filed on land not habitable for agricultural purposes, but which was clearly swamp land, a second filing will be allowed on land properly agricultural in character(»). In case it satisfactorily appears that a pre-emption settler has made an error in his declaratory statement, so that a tract he has improved has been excluded therefrom, he is allowed to amend his declaratory statement so as to include said tract, subject to an adverse claini(f). A pre-emptor who has misdescribed the land embracing his residence and improvements, is allowed to amend, unless by his own laches, negligence or declarations, he has barred his right in favor of an adverse interest(«). A widow who, by mistake, filed a declaratory statement in her own name, instead of for " the heirs," will be allowed, on a proper showing, to amend her filing. Such mistake does not operate to defeat the rights of die heirs under the pre-emption laws(''). A declaratory statement on file in the proper office is notice to the world of the location and extent of a pre-emption claim ; and no subsequent amendment, except for error or mistake, can operate to defeat a right initiated prior to such amendment('). A party whose application to file a declaratory statement is rejected has a right to appeal. His failure to do so will conclude any right he may have had to the land claimed at the time of such refusal(J). All rights of pre-emption existing in any person upon land in a township offered at public sale are extinguished on the day appointed for the commencement of the sales, if not asserted prior to the date of sale, and no rights can descend to heirs based upon settlement prior thereto. Land designated as mineral, but actually agricultural in character, is only subject to pre- emption after its segregation from the mineral lands by the Secretary of the Interior(*). After land has been proclaimed, no filing can be received until after the offering — provided the land still remains unsold. A party settled on unsurveyed land. ^Vhen a certain township was surveyed, a part of his claim was found therein, the balance being in an adjoining unsurveyed township. The settler filed for the portion of his claim which was sui-veyed, and gave notice that he claimed land in the adjoining unsurveyed township. The time witliin which, by law, he was required to prove up his claim was about to expire, and the other towiLship had not been surveyed; it was held by the Land Department that after the other township should be surveyed, and the plat thereof returned, the settler should be allowed the usual time within which to file his declaratory state ment and prove up and pay for his entire claim ('). A pre-emption settler on unsur\'eyed lands is not bound to file his declaratoiy statement until after an approved survey has been made which shall enable him to describe the land claimed by proper legal sub-divisions. Where part only of his claim has been surveyed, he is not bound to (») D. C. Brownell, Land Owner, Vol. 4, p. 41. '») D. A. Snyder, Land Owner, Vol. 2, p. 116. (•) French vs. Tatro, Land Owner, Vol. 3, p. 166. (J) Ibid. (•) F. L. Goings, luind Orvner, Vol. 4, p. 117. (f) Instructions, Land Oiimer, Vol. s, p. 148. (f) Jeff. Newcomb, Land Owner, Vol. 2, p. 162. (l") Elizabeth Luce, Land Owner, Vol. i, p. 180. (I) University of Gala. vs. Block, Gopp's Public Land Laws, p. 322. ()) Brown vs. White, Gopp's Public Land L.-iws, p. 298. (k) Tong vs. Hall et a!.. Land Oiimer, Vol. 3, p. 3. (') Wm. McHenry, Gopp's Public Land Laws, p. 895 THE AMERICAN SETTLER'S GUIDE. G'J file until after the entire tract claimed has been surveyed and plat thereof returned to the local office(»). A party who filed on an eighty-acre tract, cannot be allowed to file for an eighty-acre tract djoining upon the cancellation of a homestead entry thereon('>). Land covered by a homestead is subject to a pre-emption claim initiated prior to the homestead, 3o.d filing should be received within the legal period after settlementC). The local land officers have no authority to receive applications to file or enter land which is in a state of reservation, and hold them until the reservation is removed, and then place tliem on record, in order to advance the interests or accommodate any individual ("»). Where land has been reserved and then released from such reservation, the rule is to give notice by publication when the land will become subject to appropriation. A pre-cmptor who has been living on such land will have preference over a pre-emptor who makes settlement on the day the land becomes subject to appropriation, other things being equals). A settler who in good faith is residing on a tract of land covered by a homestead entry at tlie date of the cancellation of said entry, has a superior right to said tract, if he file under tlie pre- emption law in time, to a person who merely malces'a homestead entry on the land the day the prior entry is «anceled('). Where a pre-emptor tenders his declaratory statement for a tract of land before another pre- emptor has fully completed his entry, by making payment for the same tract, tlie declaratory statement should be received and the party allowed a regular hearing before the local ofru-ers(«) The cancellation of a filing upon ex parte affidavits is ftxxox{ib). Land, when once appropriated under the Homestead Law, is thereafter removed from pre- emption settlement and homestead entry, and can only be again subject to them by a cancellation of the homestead entry in the manner prescribed by law. Such cancellation becomes effective at the date of the receipt of the order therefor at the local officeC"). Lands covered by unexpired homestead filings, may be filed upon under the pre-emption laws subject to the homestead filings('). A party cannot file under the pre-emption and the homestead law at the same time. C. RESIDENCE AND IMPROVEMENTS. The sufficiency of residence and improvements is a question of fact to be decided from the circumstances of each case. The good faith of every claimant must be clearly proven. Where a party is very poor, a dug-out in the side of a hill or a sod house is a satisfactory place of abode, and four pre-emptors may combine to erect a house on the comer common to their claims, but each pre-emptor must reside in his own part of the house(J). Should one ol them be unmarried, he may board in the family of a married pre-emptor. A public officer may, during the term of his office, actually reside at the capital or other place required by law for him to reside, witliout losing his legal residenceC). [Overruled.] Where it can be shown that such public officer in good faith intended to appropriate certain premises under the pre-emption law, and that after residing thereon for several years he left for tem- porary purposes only, retaining actual possession of the land during such absence, he cannot be said to have abandoned either th*premises or his claimunder the pre-emption laws( ). [See p.5»^ | Should a claimant settle late in the autumn in a cold climate, or severe droughts or oU^er good cause prevent extensive cultivation, or lack of means senously interfere, few improve- ments and little cultivation would be required by the Land Department. ^ (.) P. A. Roundtree. Copp's Public Land Laws, p. .96. (»)Daniel Ashton. La.d O^ner, Vol. 4. P- "7. (.) Keisker vs. Johnson et al., Copp's Public Land Laws, p. 319- (d) McKee vs. Walther et al.. Land Owner, Vol. 5, P- 84. («)Timmons vs. Gleason, Land Owner, Vol. 3, p. 71- (f) Born vs. demons et al.. Land Owner, Vol. i, p. 67. (.) Conroy vs. Phillips et al., Copp's Public Land Laws, p. 297- (^Crystal .,. Dah.. Eno ... McDonald Copp's P-^''^ U. ^^^^ ^"J^ ^^^p, p„,Uc Und Law,, p. ^ (1) Instructions, Land Owner, Vol. i, p. 163- "-'> ' ' *=, ^ (k) Benson vs. Western Pacific R. R. Co., Copp's Public Land Laws, p. 4t^. 70 THE AMERICAN SETTLER'S GUIDE. d. PROOF AND PAYMENT. Within the time specified on page 66, proof of compliance with the law and payment of the money due, or its equivalents in warrant or scrip, must be made. Published notices must be given and proof thereof presented as set forth in homestead cases. The affidavit required may be made now before the clerk of the county cout, and the evi- dence of witnesses also(»). Judges of ). rebate courts may take final proofs like other judges. Any person swearing falsely forfeits all right to th^ land and to the purchase money, and i« liaMe to pivisecution untler the criminal la vs of the Uni-ed States. AFFIDAVIT RF.(;jUIRED OF PRE-EMPTION CLAIMANT. I, , claiming the right of pre-emption, under section 2359 o' 'he Revised Statutes of the United Sutes, to the of section No. , of township No. , of range No. , subject to s.ile .it , do solemnly that I have never had the benefit of any right of pre-emption under said section ; that I am not the owner of three hundred and twenty acres of land in any Stale or Territory of the United Slates, nor have I settled upon and improved said l.tnd to sell the same on speculation, but in good f.iith to appropriate it to my own exclusive use or benefit ; and that I h.ave not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which I may acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except myselC I, , ot the land office at , do hereby c«rtify that the above aflSdavit was subscribed mkI sworn to before me this day of , A. D., i3 — . Where a pre-emptor swears falsely, and his entry is canceled because of fraud, the Supreme Court Scrip used in payment of his claim is forfeited like a money payment, and can not be returned even to innocent vendees of the claimantC). Payment for public lands is required by law to be made to the Receiver. He is the only officer authorized to receive such moneys. Registers are not so authorized, and parties en- trusting their money to a Register do so at their own risk. The official bondsmen of Registers cannot be held liable for a breach of private trust by their principals(«). A hearing may be ordered after final proof has been made in a pre-emption case to ascerr tain fraud reported by a special agentC*). A proclamation is held to be sufficient notice to a pre-emption claimant, to perfect any pre- ferred right that he might have on lands which are offered for sale by such proclamation ; and where a public notice was duly published at the place whereat interested parties were bound to seek information regarding the public lands, a failure to learn of it is their neglect only. A notice to pre-emption claimants to prove up their claims before date of public sale .is ex p-afia, and the absence of such notice yvould not invalidate the sale(«). Where a county embraces land in two districts, a claimant who applies for land in one dis- trict may, under the Act of March 3, 1877, "lake the required proof, etc., before the clerk at the county seat, though such county seat is located in the otiier land districtC). A pre-emptor, when his land lies in two districts, should file a declaratory statement in each land office, and pay for the portion separately in each district. The regular fees should be paid in each office, and a certificate and receipt should issue from each office(Bj. Joint entry by preemptors and homestead claimants may be allowedC"). Where a boundary line is recognized between two pre-emptors, A and B, who settled before survey on the same legal subviivision, and A sold to C after ^^nvey — on a proper showing, a joint entry by \> and C will be allo\ved('). A preemp'.or who settled prior to the homestead entry of another party cannot cite such entryman to a hearing until il.ite of offering his final proof(J). A paity who h.is resided on a tract live years may transmute his jMe-emption filing to a homestead entry, and give notice of intention to prove up on the same ilay. («) Act of June 9, 188 j. Lmui Owner, Vol. 7, p. 58. i*) K. C. Saunders, Land Owner, Vol. 10, p. 169. (*•) K. V. Pettigrcw, /.ami Owner, Vol. 10, p. 179. (?) Instructions, /.ami Owner, Vol. 10, p. 17a. (») )ohn Uoiia, Ltmtl Oioner, Vol. 10, p. 86. (•>) Hurion i>i. Stover, /.nnti Owner, Vol. co. p. ?<5. (d) llionias Wriggles worth, Lanii Owner, Vol. 1 1 , p. (*) Veiinegcrholtz V3. McKennon, Land Owntr, VoL 74- 6, p. 154. (•) Ihjrisoe vs. Cessna, Lanue». I. What is your post-office address ? Aas. . Ques. 2. How long have you known claimant, and what is age? q'i!^"s. 3. Is cliimant married or single? 2d. Of whom does family (if any) consist? 3d. Is a na- tive or naturalized ciiizen ? Ques.'4!' Are you^fi.'millar with 'the ch./racter of the land ? 2! Are there any inrjic.-.tion.s of coal nuncraU. «.';^li..eAhereo,^ (If so scate plainly the^n.uure.) }^:J;^:^2:V::^'^^r^:^ ^^^^ ^X.Ar ^^ •:: :^t^y. for pul^L of t J: ::r;^:^ ';M.:J\. ... ;... and m detai.., te'r'lT;Ki,;Ant";^wn'r'7T^'ac?e; in thi'sor any other St..te or Territory ? 2d. Did — 1c.,-e orHrn-fo„.^ rLs'dre on^^l^o^n-land in this — to ^f'^'^?^^^^^'''^^^^^^^::^^ ever filed for or entered otiier land under die pre-empcon law? 4*. Has mortgaged or afcrccU to sell th. the Lmd herein described? Ans. ist, ; 2d, :3d, ; 4th, -. Whnt wis fir>;t .ict of settlement? 3d. ^ Ans. 1st, ; 2d, ; 3d, ; 4'"i I? • ^'"i ■ ' • / » acres. —— ^— (•) V. D. Packard. La^d Owner, Vol. 8, p. 9'- „ , (!<) State of Cidifornia vs. Alari, L). Should the settler die before establishing his claim within the period limited by law, the title may be perfected by the executor, administrator, or one of the heirs, by making the requisite proof of settlement and paying for the land; the entry to be made in the name of " the heirs " of tlie deceased settler ; and the patent will be issued accordingly. The legal representatives (•) Vennigerholtz vs. McKennon, Land Owner, Vol. 6, p. 154. <>>) Powell 7/i. Bcalty. Land Oiuntf, Vol. 2, p. 115. THE AMERICAN SETTLER'S GUIDE. 7:, of the deceased pre-emptor are entiUed to make the entry at any time within Uie period dunng which the pre-emptor would have been entitled to do so had he lived. The executor, administrator, or one of the heirs, has the absolute right to complete the neces- sary proceedings for acquisition of tide in case of a deceased pre-emption claimant(»). The Land Department does not inquire if there are any heirs ; but if there are any, it casts the title distributively upon each by including him in the general provision (*■). RULINGS. Where, from the nature of the land entered under the pre-emption law, it would appear that the claimant has selected it for speculative purposes rather than for purposes of improvement and cultivation, the evidence of good faith and occupation should be of tlie most satisfactory character^). An unlawful occupant cannot prevent die legal settlement of a qualified pre-emptor on public lands. A pre-emptor may pay for part of his claim and abandon the balanceC*). The possibility of one party taking the improvements of another is recognized as within the contemplation of the pre-emption enactments («). Parties who apply to make entry of lands under the provisions of the pre-emption laws, should be required to show by affidavit or otherwise that they have not made a previous filing^). The even sections along the route of the railroad granted by act of July i, 1S62, and the acts amendatory thereof, must be sold for not less than ;?2.50 per acre(8). , A pre-emptor who settled prior to withdrawal for railroads, may enter his land at the minimum price at any time prior to the initiation of an adverse right by another settlerC"). Where a pre-emptor makes final proof and payment and certificate for patent issued, such certificate may be assigned to a bona fide purchaser for value, who will be protected in his purchase. The good faith of the purchaser must be established by the facts in the case beyond question ; but when so established, his rights cannot be invalidated by showing that his grantor failed to comply with the law('). A party who purchases land without examination or inquiry, cannot be considered an innocenr purchaser, especially when he fails to offer testimony showing his own good faith and that of his grantors, at an investigation ordered for that purpose(J). Irregularities in the pre-emption proceedings may be overbalanced in view of ignorance and good faith, but a certificate issued to a pre-emptor on a sworn statement of alleged facts which never existed, is void(2^). Where a party settles as a pre-emptor upon land subject to such settlement, and in due tim« offers to make proof and payment at the proper land office, his right will not be prejudiced by the wrongful refusal of the local officer to receive such proof and payment, and he will not be obliged to remain thereafter upon the land he claims('=). A party who went upon land reserved under a railroad grant, with assurance from the com- pany tiiat he could purchase it of them, was not wrongfully upon the land, when the Department decided that it was not included within the reservation to the company, and had ordered the same restored to settlement. ^Vhere a pre-emptor is living upon and cultivating such tract of land, no specific act is neces- sary to constitiite a new settlement after the restoration thereof to market('). No general or inflexible rule can be laid down in cases where parties who are residing upon land at date of cancellation of homestead entries, seek to enter die tracts embraced therein. It is simply a question of good faith, and each case must be considered upo n its own ments( »). (a) John Redington, Land Owner, Vol. 2. p. ig- (J) g'"^ , ^ .^ public Land Laws, p. 3 (") Copley vs. Red, La,id Owner, Vol 5 p. 166. ^ i^l ^-i '^ " iVren L^md Owntr, Vol. 4, p. 4 (■") Porter vs. Johnson. Land Owner, Vol. 3. P- 37- p.aVS 4- 74 THE AMERICAN SETTLER'S GUIDE No specific act of settlement, after restoration of the land, is required of a settler whose every- day life can be considered a compliance with the law. IJut such settler cannot emhrace in his claim land not in his possession on which are the improvements of another who, like himself, has settled without the protection of law. A homestead entry made on the day of restoration, of a tract not in the jx»ssession of tlie pre- emptor, is a legal appropriation of the land as soon as it is subject to entry(»). The land to which a claimant may have a right of possession, although for some valid reason not the actual possession, must be land to which he can assert a valid claim under the pre- emption law. A trespass upon the public lands will not be sustained under the decision in Atherton tn. Kowler; nor will the claim of a person who is quaUfied and has complied with law be subject to defeat in favor of an unlawful occupanl('') Where a party has made settlement and filing, and is thereafter sentenced to the penitentiary for a period which will expire after the time in which proof and payment should be made, such {M-oof and payment may be made by a guardian or trustee("). e. SALE AND FORFEITURE. Where an incomplete pre-emption claim is sold or abandoned, the right is forfeited, and where filing, proof and payment are not made as required, the claim is liable to forfeiture; but a sale should not be held to work a forfeiture unless it is voluntary, and made while the party is in possession of his mental faculties(''). A written contract for the sale of growing trees which the purchaser w.as to cut and remove as soon as the vendor obtained patent is a contract prohibited by the pre-emption law(*). A homestead or pre-emption settler is permitted to cut trees upon his land, for building, fencing, repairs and firewood. Should there be no trees growing upon his land, he may cut trees rowing upon the mountain slopes, but only for domestic uses. A verbal sale when accompanied by delivery of the land forfeits the pre-empflon rightC). Parole evidence is admissible to defeat a deed or written contract on the ground of illegal consideration, duress or fraud. A deed absolute on its face may be shown to be a mortgage(«). Mortgages released or otherwise are no bar to the completion of a pre-emption claim. There is no forfeiture declared because of a failure on the part of a pre-emption settler to make proof and payment for unoffered land within thirty months from the time when he should liave filed his declaratory statement — provided no adverse settler has made settlement on the land and complied with the lawC"). The question of ab.-indonraent is discussed at considerable length in Johnson r/x. Graybill, Lami (himtr. Vol. », p. lOO. II. Pre-emption Homesteads. WHien an individual has made settlement on a tract and filed his pre-emption decLiration therefor, he may change his filing into a homestead, if he continues in good faith to comply «-ilh the pre-emption laws until the change is effected; the time during which the party has re- eded upon and claimed the land as a pre-emptor will be credited upon the period of residence and cultivation required under the homestead laws. In so doing he is required in his first homestead affidavit to set .forth the fact of a previous pre-emption filing, the time of actiuil resi- dence thereunder, and the intention to claim the benefit of such time. In making final proof on his homestead entry he is required, in addition to the usual affidavit and proof, to make llie ** pre-emption homeste.nl aflidavit," below : (») Corrit'ir. vs. Ryan, Land Owner, Vol. 4, p. 4a. (b) Marks vs. Bray, Land Owner, Vol. 8, p. 13^ (•)J. T. rienson, LanU Oumer, Vol. 6, p. 108. {*) Ciital.i vs. Austin el nl., Copp's Public L.->nd L.iws, p, 313. (0 Webster vs. Sutherland, Copp's Pul>lic Land l„iws, p. 312. Instructions, Land Owner, Vol. i, p. 163 {t) Mudsoiipillcr vs. Queen, Copp's Public Land Laws, p. 312. (it) Philip Waldron, Copp's Public Land I^ws, p. 313. (*1 Shicvcs 71s. tl-ilon, Lanti Ozunt-r, Vol. 5, p. 165. Larson r-J. WeUbci kv;r, J.and (hoti.'r, Vol. 9, p. 60 THE AMERICAN SETTLER'S GUIDE. 7^, PRE-EMPTION HOMESTEAD AFFIDAVIT. fTo be used in making final proof in cases where pre-emption filings have been changed to homestead enlnc under the acts of March 3. 1877. and May 27, 1878.) I, . having changed my pre-emption declanuory statement No. , fded the day of !&—, alleging .settlement the day of ,18—, for the section No. . in township No J range No. , to homeste:.d entry onginal No. -.district of lands subject to entry at . under the acll of Congress approved M.irch 3, 1877, and May 27, 1878, do solemnly swear that I have never had the benefit <4 any right -.f pr.; cmp(iOu under section 2259 of the Revised Statutes of the United Stales ■ that I have not htrel.)- fore fded a prc-citipJon di;claralory statement for another tract of land ; that 1 was not the owner of three hiti». dred and twenty ac-is of land in any State or Tcrriiory of the United States at any time during the aliiivc-me». tioued period ol r.eldement under the pre-eniDtion statutes ; that I did not remove from my own land within the Slate o: to make the settlement above referred to ; nor have 1 settled upon and improved said land to tvM the same on sptcuialion, but in good faith to appropriate it to my exclusive use or benefit ; and that I diil not during the period of pre-emption setilemeiit al)ove mentioned, directly or indirectly, make any agrecmeni m contract, in any v/ay or rnanucr, with any person or persons whatsoever, by which the title which 1 might iic, p: 7. (i) Herbert vs. Reed, Land Owner, Vol. 9, p. 9 (1>) McMurdie vs. Central P. R. R. Co., Land Oweur, (^) Lynch vt. Merrifield, Land Owner, Vol. 10, p. Vol. 8, p. 36. 379- THE AMERICAN SETTLER'S GUIDE. 77 The inhibition of the pre-emption law, that a person shall not remove from his own iand m the same state or territory to reside on the public land, applies to a person who removes fm.r tract of forty acres located within the limits of a town, and the former ruling of the office, egarding the removal from a town lot, to that extent is modified. Parties of record who failed to appear at the hearing after due notice, decided to have for feited their rights(*). A minor, if single, cannot legally file as a pre-emptor(''). A filing and settlement before declaration of citizenship are of no legal effect. But where nd aaverse claim intervenes prior to declaration of citizenship and a subsequent settlement the original filing should not be canceled(''). An alien can claim nothing by a settlement prior to his declaration to become a citizen(«). The naturalization of a widow by marriage to a citizen naturalizes her minor children, though of alien parentage(®). Where a pre-emptor is imprisoned, his wife must strictly comply with the law(f). A divorced woman cannot claim settlement as a feme sole during coveture, and it cannot (late back prior to divorce(«). Where a party has paid for land, though no deed has passed, he is the owner of such land, and cannot remove therefrom to become a pre-emptor of public landC*). A person who owns lands in trust for others is not thereby disqualified as a pre-emptor('). The tenant of a railroad company cannot base a pre-emption or homestead claim upon occu- pancy of land included in the railroad right of way(J). A party is proprietor of land who has the legal titleC'). After the expiration of a declaratory statement, there is no legal settlement, because there is no application. The pre-emptor's right to reserve the land or that of any one claiming through him, is forfeited to the first legal applicant, by the failure to pay for it('). A pre-emptor intending at settlement to take a quarter-section can claim the whole by per- orming acts of settlement upon one 80-acre tract while the other is enclosed and cultivated Dy another personC"). A pre-emptor must do some act to connect himself with the tracts claimed. Mere intentioa is not sufficient. The unauthorized enclosure of several hundred acres, including such tracts, is not the inception of a pre-emption right. (°) Settlement is the sole basis of the pre-emption right. Land not included in the settlement cannot be embraced in the claim. A declaratory statement is the declaration of an intentio* to claim, and not the claim itself. A declaratory statement not based on settlement is void. Land not reduced to f>ossession is open to other settlers(''). Settlement is a personal act, and can date only from the time the party went upon the land. The purchase of a prior settler's improvements does not transfer the vendor's date of settle ment(P). For other rulings on settlement, see late rulings under the homestead laws. A formal deed is not necessary for the conveyance of improvements on public land, but that a verbal sale followed by possession and consent is sufficient. In determining good faith, it is immaterial whether a person purchases valuable improve- ments already on the land, or whether he makes them after his settlement(i). (•) White vt. Warren, Land Owner, Vol. 7, p. 164. « State of California rx..Dougherty, Land Ownfr^ (*>) French vt. Tatro, Land Oxuner, Vol. 8, p. 159- '^°1- 9. P- i^^- (") Kelly vs. Quast, Land Oiuner, Vol. 10, p. 257. 0) Alice Gillespie, Land Owner. Vol. 11, p. 73- ^0) Hart vs. Guiras, Land Owner, Vol. 10, p. 326. (■») Haven vs. Hawes, Land Owner, Vol. 10, p. too. (., Herman Boedecker, Land Owner, Vol. 9, P- "3- C) Vessel vs. Spielman, Land Owner, V ol. .0. p. 6. {f) Hates vs. keed, Land Owner, Vol. 9, p. «• C) Slate vs. Dorr, Land Owner, Vol. .0 p. 3>». (f) Ljrsen vs. Pechierer, Land Owner, Vol. 9, P- 97- C) Knight vs. Haucke. Uind Owner, Vol .0, p. «.. 0>) Ware vs. Bishop, Land Owner, Vol. .0, p. 295. W Gaberel vs. Gueme, Land Owner, Vol. 7, r IT- (') James Aiken, Land Owner, Vol. 9, p. 76. (J) Gardner vs. Snowden, L^ind Owner, Vol. 10, p. 173 18 THE AMERICAN SE 1 ILER'S GUIDE. All pre-eniptors on public land withdrawn- for railroads should file and make proof as in other cases, but a failure to so comply within the required time worlis no forfeiture in the ab- sence of another settler on the same tract(*). A pre-emptor is not forbidden to settle on lands that are likely to become centres of popi»- lation, or near a town or vii!age(''). A settlement upon land occupied and improved by another, is mere naked intrusion, and in such a wrongful attempt to seize the fruits of another's labor, there can be no bona fide claim of right, whatever. ' II. entered into an agreement with a railroad company to purchase a certain tract, on cer- tain conditions, obligalmg himself that, until full pa}'ment of purchase money, he would per- mit no waste to be made, or wood to be cut, etc., etc.; the conditions were met, and deeds of conveyance delivered by the company to one M., to whom II. was indebted, and who held a mortgage on the land. An agreement of sale was effected between H. and M., which was subsecjueinly consummated, when H. conveyed by deed absolute all his right, etc., to the land. On the same day, M. executed a lease to H. for the term of one year, conditioned that H. or his assigns might, at any time during the continuance of the lease, purchase the land for a stated sum. Held, That, even though the repurchasing clause in the lease creates a defeasance in the deed, and that considered in the same connection constitutes nothing more than a mortgage, it does not disqualify H. as a pre-emptor, for the mortgagee is the o-ami; and the disqualifying clause in the pre-emption law refers directly to the ownership of land by the pre-emptor(«). Acts of settlement performed while the land is embraced in a homestead entry give a claim- ant no legal status. After cancellation of the homestead entry, the rights of two pre-emptors must be determined by their seitlement and not by their residence. The first bonajide settler lakes the land in dispute, if followed within a rca.sonable time by his residence thereon("*). A pre-emption right is not a vested right against the United States, but is simply a prefer ence right among settlers, should the government sell the land involved. Not until entry and payment have been made does the pre-emptor acquire a vested right. The preference riglit may be waived or lost(«). The purchase of a dwelling by a pre-emptor is the same as the erection of one. The pur- chase of improvements is evidence of good faith when followed up by inhabitancy afterC). A pre-emption claimant at time of making final proof could not establish a valid claim foi a quarter-section or any part thereof, unless his dwelling-house, his actual residence, was on some part of that quarter-section(«). A bona fide pre emption claim should not be rejected because the claimant's house was by mistake beyond the boundaiy lines(*'). The statute requires inhabitancy on the land pre-empted, and this means actual residence or a home('). Intentions are not the equivalent of actual residence and improvements; but continuous compliance with all the requirements of the pre-emption law is essential, and failure therein will not be overlooked except under urgent circumstances, and for controlling reasons(J). All absences which do not impeach a pre-emptor's good faith are permissible. lie who sleeps on his claim in a pen or in the open air, intending to erect a habitable dwelling as soon as his means or occupation permits, maintains a satisfactory residence(*). Where the acts of settlement performed by a pre-emptor are of a character to evidence his pood faith, continuous residence on the land is not essential('). (•) Central P. R. R. Co. vt. Baker, /,a>i<^ Owner, O Cr.-igin kx. Melbarg, /,««a'«<^r, Vol. lo, p. \(A Vol. 9, p. 82. (g) Hannah in. Gcr.ipJ, L.itiii O'Miirr, Vol. jo, p. rv^ C") riummcr vx. Jackman, Land Oumer, Vol. lo, p. (l") Arnold vs. I.angley, I.an Rosanna Kennedy, Land Oumer, Vol. xo, p. 152. (i) G. J. Roikruge, Land Owner, Vol. 10, |». 3^ THE AMERICAN SETTLER'S GUIDE. 7., A pre-emptor is not prohibited from carrying on business elsewhere than on the land pn, vided his actual residence is thereon(»). ' The rights of a pre-emption settler who was compelled to lea,ve and be absent from his claim on account of Indian hostilities should be protected("»). Party cannot reside on a preemption and a homestead claim at the same timeC). The claim of a pre-emptor is not rendered invalid by his allowing another to live with him, and work the crops for him, with an equal interest in same, provided the settlement was madj for the purpose of acquiring title for his own use and benefitC*). The rule of the General Land Office, requiring six months' residence prior to entry, as an evidence of good faith on the part of the pre-emptor, should not be npplied to Ivery case in- discriminately, especially where the character and amount of improvements on a tract are such as are ordinarily made in six months; and where the settler has acted in good faith, and from the action of the local land officers in accepting proof and payment for the land, they knowing that there had not been residence of six months, he reasonably concludes that his action has been according to law and instruction(^). Two months' residence upon a pre-emption claim is not sufficient to entitle a claimant to make entry. The rule requires at least six months' continuous residence. A claimant cannot set up his imprisonment for a crime as an excuse for failure to compl? with the requirements of the law. Lawful imprisonment is not legal duress. A claimant lawfully confined in the penitentiary for life is civilly dead, and incapable of perfecting a claim to public land under the pre-emption law. [See Anderson vs. Anderson.] A homestead entry, commuted from a second and therefore illegal pre-emption declaratory statement, is not itself invalid, but may under some circumstances date from the time it was madeC). Occupation and use of land for purposes other than cultivation, do no» constitute a pre emption claim(s). Actual crops are not necessary to the cultivation of land. Clearing timber, in this case, w sufficient (>»). Proof, Payment and Contest. A mortgage given by a pre-emptor as security for money loaned him with which to pay the Government price for the land filed upon, is not an alienation of the land, nor an agreement prohibited by the law('). A mortgage in Nebraska does not convey the legal title(J). A mortgage of land filed upon by a pre-emptor, and outstanding at date of entiy, does not defeat his right(*). A pre-emptor has the right to make proof and payment after the expiration of the prescnbed time unless a valid adverse claim has intervened. Public notice is the initiation of final pro- ceedings('). A pre-emptor who fails to make final proof within the time prescribed by law, iiA,es his right to do so after a valid adverse timber culture claim intervenes(»;. Other claimants who allege bad faith in the initiation of a pnor pre-emption clm.m may cite such pre-emptor to a hearing, though the pre-emptor cannot cite them to a heaimg previ- ous to make final proof and payment(°). « Henry Buchman, Lan^ Oivntr. Vol. lo, p. 355- W John E. Tyrl, Land Owner, Vol. ii, p. .47- C) Peterson vs. Amoux. Lcind Owner, Vol. ii. p. 74- (') Clark vs. Gray, l^nd Oumtr, Vol. .., p. 40. (•) Ruftis McConliss, Land Owner, Vol. 10, p. 41- «rf(?iy»*r, Vol. lo.p. »9>, 0>) Whitaker vs South P. R. R. Co., Land Oioner, Vol. 7, p 8s CHAPTER V. TIMBER CULTURE. The object of the timber culture law is to promote the growth of timber by providing a oethod of accjuiring title to public lands on condition that timber shall be grown lln;re..n to an xtent and for a period of time therein sjiecified. The wisdom of this law is seen in the ncreased annual rainfall in regions heretofore subject to frequent droughts. a. WHO MAY Arri.Y and for what kind of land. Any person who is the head of a family, or who has arrived at the age of twenty-one years, nd is a citizen of the United States, or who has filed his declaration of intention to become uch, as required by the naturalization laws of the United States, may make a timber culture ntry without regard to how much land he already owns. A single woman, duly qualified, who has made an entry under the timber culture act, and ubsequently marries, is not thereby debarred from acquiring title to the land('). Registers and Receivers, and their clerks and employees, and all persons intimately or confi- lentially connected with such officers or employees, are prohibited from making entries of the ublic lands at the offices with which they are connectedC"). Not more than one hundred and sixty acres in any one section can be entered, and no person an make more than one entry. The rulings of the General Land Office restricting entries under the timber culture laws to 'technical quarter sections," have been so far modified as to permit entries of parts of a section a a compact body, not to exceed one hundred and sixty acresC). A few scattering willows and stumps will not characterize land as timber within the meaning )f the timber culture actC*). [Overruled.] A few trees or bushes do not characterize the land upon w hich they are found, as timber lai d irjthin the meaning of the statute("'). [Overruled.] Land through which passes a stream of water, upon the banks of which is a growth of ♦scrub" timber, is subject to entry under the timber culture laws(f), [Overruled.] An eighty acre tract upon which trees are growing, many of them more tlian five inches in iameter, is not subject to entry under the tinil.-cr culture laws(8). Where a party applies to enter under the timber culture laws, land which aj.pears UjKin the jwnship plat as already timbered, and is infonned that he must disprove such apparent cliarac- :r, tliis application reserves tlie mentioned tracts for a reasonable time from further disposition D any other claimant^). Land covered by an invalid State selection may be entered under tlie provisions of the Imber culture act if otherwise subject thercto('). Trairie lands, or lands not prairie but naturally devoid of timber, are subjectto the oi>eratioi) •i the timber culture laws(J). <»)G. M. King, Land Chimer, Vol. 2, p. 39. (>>) State of Nebraska vs. Dorrington et at., Land Oumer, Vol. 3, p. 122. (0) Frederick Brau, I^tnd Oioner, Vol 3, p. 172. (*) Adam Wiudolph, Land Owner. Vol. i, p. 91. f»)W. E. Fosnat, Copp's Public Land Laws, p. 653. O Lampson vs. Dunham, Copp's Public Land Laws, p. 655. ]^) Linden vs. Gray, /,««./ Owner, Vol. 3, p. 181. (") Lamb vs. Reeser, Land Owner, Vol. 3, p. 73- (1) State of Nebraska vs. Dorrington et al., Land Owner, Vol. 3, p. 122. 9i Luce anU Porter, Land Owner, Vol. 3, p. lu (81) 82 THE AMERICAN SETTLER'S GUIDE. b. APPLICATION, ENTRY AND PROOF. The application to enter is in the following form : Appucation No. ^— . I, ■' , hereby apply to enter, under the provisions of the act of June 14, 1878, entitled "An Act amend an act entitled 'An Act to encourage the growth of timber on the Western Prairies,' " the section , in township — — , of range -., containing — — acres. Land Opficb at - {Date) , __ . I, , Register of the land office, do hereby certify that the above application is for the class 1 lands which the applicant is legally entitled to enter under the provisions of the timber culture act of June i 1878 ; that there Is no prior valid adverse right to the same, and that the land therein described, together wi the lands heretofore entered under this act and the acts of which this is amendatory in the said section, does d exceed one-quarter thereof. , Register. This must be accompanied by the following affidavit, which may be made before the Regist' or the Receiver, or the clerk of some court of record, or officer authorized to administer oath actually within the district where the land is situated. AFFIDAVIT. Land Opficb at {Date) , I, . having filed my application No. , for an entry under the provisions of an act entitl. "An Act to amena an act entitled 'An Act to encourage the growth of timber on the Western Prairies,' " proved June 14, 1878, do solemnly that I am the head of a family [or over twenty-one years of age], a citizen of the United States [or have declared my intention to become such] ; that the section of land specific in my said application is composed exclusively of prairie lands, or other lands devoid of timber; that this filii and entry is made for the cultivation of timber, and for my own exclusive use and benefit; that I have made t laid application in good faith, and not for the purpose of speculation, or directly or indirectly for the \ benefit of any other person or persons whomsoever ; that I intend to hold and cultivate the land, and to ful comply with the provisions of this said act ; and that I have not heretofore made an entry under this act, or t acts of which this is amendatory. Sworn to and subscribed before me this — — day of • Whereupon the Receiver will issue his receipt for the money received by him, giving the a plicant a duplicate thereof : Receiver's Receipt, 1 f Applicatio*. No. . ; t No. . Receiver's Opficb , {Date) ■ Received of_ the sura of dollars cents, being the amount of fee and compensation ishii Register and Receiver for the entry of of section , In township , of range , under the first se tion of the act of Congress approved June 14, 1878, enti courage the growth of timber on the Western Prairies.' ' tion of the act of Congress approved June 14, 1878. entitled, "An Act to amend an act entitled 'An Act ... . ^ yj,^ _ . — ^— — — , Receiver . The fees for entries are ;^lo if the tract applied for is more than eighty acres ; and I5 if it eighty acres or less ; and the commissions of Registers and Receivers on all entries (irrespecti^ of area) are $^ ($2 to each) at the date of entry, and a like sum at the date of final proof. No distinction is made, as to area or the amount of fee and commissions, between miniratt and double-minimum lands. A party may enter one hundred and sixty acres of either on pa; ment of the prescribed fee and commissions. Entries may be made of subdivisions of different quarters of the same section ; provided th. each entry shall form a compact body, not exceeding one hundred and sixty acres, and that n< more than that quantity shall be entered in any one section. The fifth section of the act approved March 3, 1857, entitled "An Act in addition to an a- to punish crimes against the United States, and for other purposes," is extended to all oath affirmations, and affidavits required or authorized by the timber culture law. No land acquired under the provisions of this law will in any event become liable to the sa isfaction of any debt or debts contracted prior to the issuing of the final certificate therefor. The affidavit required of applicants must be made at the time the application is filed, excej when made before an officer authorized to use an official seal, when a reasonable time should \ allowed for transmission to the local land office('). The filing of the application and affidavit, with payment of fees, are essential prerequisites ) f») Hiram Campbell, Land Owner, Vol. 5, p. THE AMERICAN SBTTLER'S GUIDE. 83 the allowance of a timber culture entry, and he who first complies with the conditions obtains priority of right. A prior verbal application, unaccompanied by the written application, etc., gives no preferenc Tight, as it is not the duty of the local officers to prepare the necessary papers(*). An application was rejected because the affidavit upon which it was based was executed whil another timber culture entry covered the land in question(>>). A qualified party may relinquish a timber culture entry of eighty acres, and thereafter may lenter the same under the act of March 3, 1879, as an additional entry to his original entry, a> described in this case(°). A timber-culture settler may relinquish a portion of the land embraced in his entry, and hold the remainder(<'). There is no provision of law for a second timber culture entry{«). An application to transmute a pre-emption filing to a timber culture entry cannot be allowed('). In the case of the deatii of a party having made a timber culture entry, who leaves a widow and heirs, his righ% under the entry go to the heirs and not to the widow, contrary to the rule which prevails in similar cases arising under the homestead laws(K). The term " legal representatives," as used in the timber culture act, does not include a party acting under a power of attorney. The heirs or legal representatives of a deceased party, who had made a timber culture entry, may continue the cultivation of the trees, and on compliance with the law will receive a patent for the landC"). But in case the trees are not cultivated by the heirs, the entry will be liable to cancellation. A prior pre-emption settlement will defeat a timber culture entry ('). A pre-emptor's right to land attaches from date of settlement, and a timber culture claimant's from date of entry at the local office. Where a pre-emptor has falsely alleged that he settied prior to the date of the timber culture entry, two courses may be pursued by the timber culture claimant to protect his rights. 1 . He may wait until the pre-emptor proves up, when the actual date of settlement may be shown, or(J) 2. He may present to the local officers his affidavit calling in question the alleged date of settiement, and asking that a hearing be ordered to determine the respective rights of the parties ?in interest(j^). A party cannot enter under the homestead law a part of the land embraced in his timber culture entry. He may relinquish his timber culture entry, in whole or in part ; and upon can- cellation thereof, he may, if he is the first legal applicant, enter any part of the land as a homesteadC'). The ratio of area required to be broken, planted, etc., is one-sixteenth of the land embraced in the entry, except where the entered ti-act is less tiian forty acres, in which case it is one ' sixteentii of forty acres. The party making an entry of a quarter section, or one hundred and sixty acres, is required to break or plow five acres covered tiiereby during the first year, and five ' acres in addition during the second year. The five acres broken or plowed during the first year ' he is required to cultivate by raising a crop, or otiierwise, during tiie second year, and to plant • in timber, seeds, or cuttings, during tiie tiiird year. The five acres broken or plowed during tiie second year he is required to cultivate by raising a crop, or other^vise, during the third year, ' and to plant in timber, seeds, or cuttings, during tiie fourth year. The tracts embraced in entnes of a less quantity than one-quarter section are required to be broken or plowed, cultivated, and ' planted in trees, tree-seeds, or cuttings, during the same periods, and to Uie same extent, m pro- portion to tiieir total areas, as are provided for in entrie s of a quarter section. ^ , {») Daymude vs. McNeely, Land Owner, Vol. 3, P- 38- ^ , . r j r, - v^l )( n m io T u V T J n M^\ . -r. ■.,, /.)W. C.Latimer, Zlanling such trees, seeds, or cuttings, extended f>ne year for every such year thai liiey are so dcsiroyed : Provided, the party before hi •a she becomes entitled to such extension of lime, fdes with the Register and the Receiver oj he proper land office an afliilavii, corroborated l>y two wiinesses, setting forth the destructiOj of the trees, etc., and that, in conseejuence of such destruction, he or she is compelled to ask a extension of lime. . i No flnal certificate sh.all be given, or patent issued, for the land entered, until the expiration of eiglit years from the date of entry; and if, at the expiration of such time, or at any tim within five years thereafter, the person making the entry, or, if he or she be dead, his or he heirs or legal representatives, shall prove by two creilible wiinesses that he or she or they hav planted, and, for not less than eight years, have cultivated and protected the refjuired quantity ancj character of trees; thai not less than iwenty-seven hundred trees were planted on each acre, am that al the lime of making proof there shall be then growing at least six hujulred and seventy! five living and thrifty trees to each acre, they shall be entitled to receive a patent for such trac of land. Parties who have already made entries -under the timber-culture acts of March 3, 1873, ^"^ March 13, 1874, of which the act of June 14, 1878, is amendatory, may complete the same bj compliance with the re(iuirements of the latter act; that is, they may do so by showing, at tlie time of making their final |)roof, that they have had under cultivation, as required by the act of June 14, 1S78, an amount of timber sufficient to make the number of acres required thereby, being one-founh the number required by the former acts. It will be sufticient for this if the parlies show that of the entire area embraced in their respective entries they have cultivated in timlier for the period required by the act of 1878 an area not less than one-sixteenth part; and' tliat they have then growing upon such cultivated area the prescribed number of " living and thrifty trees," viz., 6,750, where the entry is for 160 acres; 3,375, where it is for 80 acres; and 1,688, where it is for 40 acres or less. The requirements of law pertaining to a timber culture entry of 120 acres are the same as for an entry of 160 acres, less one-fourth part, or as for an 80 acre tract and a 40 acre tract(*). Parties who have made timber-culture entries cannot commute by paying the government price per acre for the land. Full compliance with the law for the full time must be shown before title can pxss to the claimantsC"). The timber culture laws in offering a land bounty for the production of timber on the western prairies had in view not fruit trees or shrubbery, or trees of subordinate importance, but the object was to encourage the growth of what are known as " timber trees," comprising oak, ash, elm, and such other trees as are commonly used in ship and house building. By recent instructions, however, trees that are of value for commercial purposes, or for fire- wood and domestic purposes, are included among the trees that may be planted and cultivated. The planting of black walnut and other trees that will produce the greatest income at maturity is recommended. The planting and cultivation in Southern California of the Eucalyptus, or Australian gum* tree, is a compliance with the timber-culture laws(<'). The Cottonwood tree is included in the list of timber trees (*). Where a party made a timber culture entry of one hundred and sixty acres, and has done breaking and planting sufficient to comjily with the law in case of an entry of eighty acres, he •will be allowed to relinquish the half of his entry, and retain the part on which the trees planted are situated («). The fact that a previous claimant had complied with the timber-culture law in the matter of (•) Dodge & Chacc, Land Owner, Vol. 3, p. 7a. {»>) L. R. Moyer, Land (hvner, Vol. 2, p. 39, (•) Amos Harris, Land Owner, Vol. 3, p. 71. (*) Instructions, Land O^imer, Vol. 6, p. 153. (•) W. D. Gould, /^nd Owner, Vol. 4, p. 85. THE AMERICAN SETTLER'S GUIDE. 85 Breaking and planting, does not excuse a subsequent party who makes entry of the same land from complying with the timber culture la\v(»). Where a party enters for timber culture land, which was formerly broken up and cultivated, he is not required to do the prescribed breaking on land not before broken, but he may fo over &e land formerly broken and again break it and prepare it for tlie reception of the trees, to the extent of area and in the periods prescribed(''). A strict compliance with the timber culture law in the matter of breaking, cultivating, etc., is required. Where timber culture improvements were on land prior to the entry thereof under the timl)ei culture statutes, such improvements will now be Credited to the party making the entry(«). A party may elect to break the soil and plant the trees sooner than the timber culture act requires(*). A claimant has the right to select i ut of the whole tract entered the particular part to be cul- tivated in timber(«) Where a timber culture claimant dies, having failed to comply with tlie timber culture law, his heirs have no rights in the premises embraced in the entry, and the entry should be cancclcK* «pon a proper showing('). C. CONTEST AND CANCELLATION. If, at any time after one year from the date of entry, and prior to the issue of a patent there- for, the claimant shall fail to comply with any of tlie above requirements, his entry will become liable to a contest in the manner provided in homestead cases, and upon due proof of such failure, the entry will be canceled, and the land become again subject to entry under the home- stead laws, or by some other person under the timber culture law. A contesting party must place his application on file in the local land office with his affidavit, initiating a contest against an entry already made, but whether such application entitles such contestant to the privilege of making an entry depends upon the testimony at the trial, showing that the first party has not complied with the law. If the testimony does show non-compliance with the law, then, upon cancellation of the first entry, the contestant will be allowed to perfect an entry for himself(«). No preference right is granted the contestant unless his application accompanies his affidavit initiating the contest. [This is practically ovenuled.] An entry made by the preferred claimant under this act takes date from the time the affidavit is filed and the fees and commissions paid C*). There is a provision of law to allow a party the preference right to enter land embraced in a timber culture entry, who files a relinquishment of such entry (^). See Act of May 14, 1880, p. 49. Where a contest has been regulariy initiated against a timber culture entry by a party who filed his affidavit and application to enter, such party will have the preference right of entry, if the first entry is canceled on account of a relinquishment diereof(»). Lands covered by a timber culture entry subsequently canceled may be entered under the pre- emption laws, though the preference right is always with the homestead or timber culture claimant who successfully contests the former entry(J). The requisites of an affidavit for a continuance on the ground of absence of a witness, are that it shows, .. The name and residence of the witness and the materiality of his testimony ; 2. The exercise of proper diligence to procure the attendance of the witness ; and 3. That the witness can be had at the time to which it is sought to have the trial deferred('). The question of sufficiency of notice in c onteste d land claims must be one of fact. Informa- (.)M.o.Lee.zwc..«...vo..4.p.s5. ^^^ ^^ ];'z^'^;::'^J::. t:^^'^..,. ^ (.) Gahan vs. Garrell, Laf:d Owner, Vol. 9. P- 63- C) O- A. A. ^\™""'^°Pr Vol 4 p. 134. . Wilson ... Simmons. LanU O^ner, Vol. 5. P- 87. O Haynes ... Metcalfe ^■^-^J^;^^^; \'^*^ ^ J,! ,..c AcUinson. Lan, C^er Vol. . p. .80^ ^^^Ti:^^^ O::::^:^ p. .." "^ (*) Wilson vs. Simmons, Land Owner, Vol. 5. P- 87- ^8 'lliE AMERICAN SETTLERS GUIDE. ;ion which makes li the duty of a party to make inquiry, and shows where it may be effectually made, is notice of all facts to which such inquiry might have led. But a party thiis put ou ■nquiry is allowed a reasonable time to make it, before he is affected with notice(»). The contestant in a timber culture entry must defray the expenses incident to the contest A cross examination for the purpose of creating expense and delay should be arrested. SuiEciency of notice is a matter of factC"). In contests in timber culture entries, the required affidavit must be filed and the published notice must be properly preparedC). The expenses incident to timber culture and homestead contests must be defrayed by the con testants. Where rehearings are ordered by the General Land Oflace, an equitable adjustment of the expenses is allowed to be made by the local officers.(*) . In case a timber culture entry is abandoned, tlie land covered by such entry is immediately subject to entry by another party under the timber culture or homestead laws, bu' the party applying must give the prescribed notice and the adverse party be allowed a hearing, as in other contested cases(*). A party cannot enter under tlie homestead law a part of the land embraced in his timber culture entry. He may relinquish his timber culture entry, in whole or in part; and upon cancellation thereof, he may, if he is the first legal applicant, enter any part of the land as a homestead('). There is a provision of law for the repayment of the fee and commissions paid on a timber culture entry. See Act of June i6, 1880. ADDITIONAL RULINGS. Unless land is naturally devoid of timber, it cannot be entered under the timber culture law. \Vhere the timber has been cut off, the land is not subject to such entry. If saplings or young timber trees are found growing on the land, it cannot be entered for timber cuUure purposesC*). Because a tract was covered by a prior timber culture entry, is not evidence that the land is properly subject to the timber culture laws. A party who makes oath that a certain tract is devoid of natural timber, should assure himself of such fact by personal examination, or take the consequences('). Commissioner Sparks rales that land to be subject to timber culture entry must be "devoid of trees" in fact. Where two parties apply simultaneously to contest a timber culture entry, neither having im- provements on the tract in question, both may be made parties to the contest, and may bid for the privilege of entering the landC'). In view of the act of May 14, iSSo, an affidavit accompanying an application to make timber culture entry is unobjectionable because the date of execution thereof is prior to a relinquishment of another entrj- on tlie same tract. Regard, however, must be had to the time within which it is received at the local office('). An excess not to exceed twent)' acres may be allowed in timber culture entries, when, as ia fractional sections, such entiies appear unavoidable. Such excess must be paid for as in home- stead entries ("). Instructions relative to timber culture entries must be strictly complied with. Breaking and planting can be done by an agent, but claimant is held responsible for failures so to doC). The year within which the timber culture claimant must break five acres, does not expire until tlie end of the last day of the year. (See {a) next page.) (») McCarter vt. Dunn, iMtid Owner, Vol. 5, p. 31. («>) Ibid. (•) McCarler vi. Dunn, Land Owner, Vol. 4, p. 76. (*) Ibid. (•) Instiuctions, Land Owner, Vol. 5, p. 147. (f) Henry La Trench, Land Owner, Vol. 4, p. Bj. (1) Ludwig Hartz, Land Owner, Vol. a, p. 100. (•") B. F. GriflSn, Land Owner, Vol. 6, p. 154. (') Schliter vs. Off, Land Oxvner, Vol. 7, p. 137. (') D. D. Merryman, Land Owner, Vol. 8, p. 141. (k) Theodore Kimm, Land Owner, Vol. 7, p. 181. (") James Cassidy, Land Owner, Vol. 8, p. 92. (■> Initructions, iMnd Owner, Vol. 7, p. 6. THE AMERICAN SETTLER'S GUIDE. AT The pendency of one application to contest a timber culture entry is not necessarily a bar to •Jie initiation of a contest against the same entry by another party (»). The entire area required by law can be planted at once, provided the ground has been pre- -lared properly ('). A timber culture claimant complies with the law who replows or harrows the land broken during the previous year. Two years' preparation of the soil is a legal requirement, but putting it to crop is not necessarily required; but cultivation to crop or otherwise is required("). The planting and cultivation of white willow fulfills tlie recjuirements of the timber culture act. List of trees which are regarded as timber trees — cedar, pine, fir, larcii, elm, oak, black locust, alder, beech, plane tree (cotton tree, buttonwood, or sycamore), chestnut, spruce, ash, birch, service tree (mountain ash), maple (including box elder), walnut, cottonwood, white willow, hickory, white wood (tulip tree), butternut, and basswood('*). Also the following : alder, birch, beech, basswood, black locust, cedar, chestnut, cottonwood, fir, including spruce, honey locust, larch, box elder, plane tree (otherwise called cotton tree, buttonwood, or sycamore), service tree (otherwise called mountain ash), white willow, and white wood (otherwise called tulip tree), have been decided as being timber in the meaning of the law(«). No patent can be issued on a timber culture entry until after the expiration of eight years of compliance with the law('). The relinquishment of a timber culture claim should be made in case of death of clairAan. 0/ ail the heirs, these, if any, over twenty-one years of age, acting in person, and minors through V. ^ardian duly appointed by the proper probate court, and with full power to act St 'Ve premises(«). The mere offering to sell one's interest in a timber culture entry, is not dcenita surticieiii ground upon which to base a contestC^). A party alleging that a timber culture claim has been sold and relinquished, is entitled <" enter contest against the same, notwithstanding the year from date of entry may not bave eiapsed, or the relinquishment is held by a third party('). Vat fact that one party has failed at a hearing to show a timber- culture claimant's non-com- il aTj£e with the law, does not bar another party from the privilege of being htard upon simi'.a: fjiVs^ifcioJi covering the same period of time(J). The timber culture act does not limit the right of contest to one person or one contest. A contestant should specifically allege the year in which the entryman failed to comply with tne law, and wherein such failure consisted(''). No improvement and settlement made by contestee, after initiation of a contest against his ^,ntry, shall accrue to his benefit, or act to defeat the vested rights of a contestant and applicant! '^ d. FINAL PROOF. The act of March 3, 1873, enUtled "An act to encourage the gr( wth of timber on the wesi- tm prairies," provided that any person might make an entry under that act on any quarte- section of the public lands. Entries under that act were not restricted to heads of families, persons t^^ enty-one yea/s o. age, citizens, or those who had declared their intention of becoming citizens of the United Prions making entries under said act were required to plant, protect, and keep in a health) growing condition for ten (10) years, forty acres of Umber on the quarter-section entered, l ne trees were to be not more than twelve (12) feet apart each way. Only one quarter of any sec- tion could be entered. Entries were to be made for the cultivation of Umber, rinal proo l (0 Rhodes vs. Aven-. Land Owner,Vo\. 8 p. 76. ) ^ McKinney, Land 0.on.r. Vol. 7. P- 6. {.) F. M. Phillips, Landowner VoX^ 7. P- '66. S. ^1 ^^ J^,^^ ^^„,,^ Vol. 8. p. 93. (,) Charles King. Land O^nerYoV 8 p. 93. )^- ; ^^,j'. ^^ Ou>ner. Vol. 7. P- 3- (.) Greene vs. Graham, Land Owner. Vol. 7, P- -5- « J ,^^^ ^^„,,_ Vol. 7. P *>- e prepared and planted within four years from the date of the entry, five (5) acres being prepared the first and second years and planted the third year, and five (5) acres beinj prepared the second and third years and planted the fourth year. If the trees, seeds, or cuttings are destroyed by grasshoppers or by extreme and unusual droughts, the time of planting may be extended one year for every year of such destruction, upon the filing in the local office of an affidavit by the entryman, corroborated by two wit- nesses, setting forth the destruction and asking the extension of time provided for by the aa. Fmal proof can be made at the expiration of eight (8) years from the date of entry, or at any time within five years thereafter. The requirements in making final proof under this act are as follows: 1st. It must be shown that not less than twenty-seven hundred (2,700) trees of the proper character were planted on each acre of the ten acres required to be planted. 2d. It must be shown that the quantity and character of trees as aforesaid have been culti- tivated and protected for not less than eight years preceding the time of making proof. 3d. It must be shown that at the time of making proof there are growing at least six huo- dred and seventy-five (675) living and thrifty trees to each acre of the ten acres planted. All enuies made since June 14, 1878, are made under this act. Parties who made entriet under either of the former acts are permitted to complete the same and to make final proof under the act of 1S78, upon full compliance therewith. Section 7 of the act defines the meaning of the term " full compliance " as used in that section. It is, that the parties shall show that they have had under cultivation, as required by the act, an amount of timber sufficient to make the number of acres required therein; that at the Ume of making final entry the required number of living and thrifty trees are growing on the land. It is not requisite, in making proof under the act of 1878, that the manner of planUng as prescribed by that act should be shown to have been followed by persons who made entries under the acts of 1873 and 1874. The planting in such cases may have been done in the manner prescribed by the acts of 1873 or '874, or in the manner prescribed by the act of 1878, The character of the trees should be such as are recognized in the neighborhood as of valu« for timber, or for commercial purposes, or for firewood and domestic use. The enumeration of species on page 27 of the General Circular of October l, 1880, is only intended as a general guide, and is not to be construed to exclude any trees falling within the foregoing charactenza tion. IB compuUng the period of cultivation, the time runs from the date of entry, if the necessary OO THE AMERICAN SETTLER'S GUIDE. acts of cultivation were performed within the proper time. The preparation of the land and the planting of trees are acts of cultivation, and the time authorized to be so employed, and actually so employed, is to be computed as a part of the eight years of cultivation required by the statute. If there have not been eight (8) years of cultivation, or if there are not the requisite number of living and thrifty trees growing on the land at the expiration of eight years from the date of entry, then final proof cannot be made until these requisites shall have been complied with. The proof required in final entry will be the affidavit and testimony of the party, corrobor ated by the testimony of two witnesses, setting forth, specifically and in detail, all the facts of the case, showing when cultivation was commenced, the acts performed, amount of land plowed, cultivated, and planted, what was done in each year, the total number of trees planted, the total number growing, and their size and condition at date of proof, and any other facts or circumstances material to the case. In makmg final proof the timber culture claimant must appear in person with his witnesses, at the district land office of the district in which the land is situated, and there make the nec- essary proofs; or the affidavit of the party may be made, and his testimony, and the testimony of his witnesses, given before a judge or clerk of a court of record in such land district. The officer administering the oath or taking the testimony must certify to the identity and credibility of the party appearing before him. In every case, when final proof is offered or submitted, the Register and Receiver will care- fully examine the evidence, and, if found sufficient as showing that the claimant has fully com plied with the law (and on payment of the final commissions allowed by law), they will pro ceed to issue the final certificate and receipt in the same manner as in final homestead cases. The payments required by law on a timber-culture entry are as follows : Original Entries, For more than 80 acres, a fee of ^lo, to be paid at date of entry, and ^4 commissions; ^tal, $14. For eighty acres or less, fee $$, commissions, $4; total, $<).\ Final Entries. The total payment required in each case of final entry is $^, payable when final proof is made. No additional or other fee, charge, gratuity, or reward, is permitted to be paid or received for any services rendered at district land-offices in connection with such entries. A. FINAL AFFIDAVIT. TIMBER CULTURB BNTRY. Acts of March 3, 1873, March I3,"i874, and June 14, 1878. I, , having on the day of , 18 — , made a timber culture entry No. — , of section , ia township — of Range — , subject to entrj' at , , under the timber-culture laws of the United States, do hereby apply to perfect my claim thereto by virtue of the seventh section of the act of June 14, 1878, entitled ''An act to amend .^n act entitled ' An act to encourage the growth of timber on the western prairies,' " and for that purpose do solemnly that my aforesaid entry was made ingood faith, and not for the purpose of spec ulation, or directly or indirectly for the use or benefit of any other person or persons whomsoever; that I have not heretofore made anv other entry under the timber culture laws of the United States ; and 1 do further that the section of land specified in my aforesaid entry is composed exclusively of prairie lands or other lands devoid of timber ; that said entry w.is made for the cultivation of limber, and that I have planted on said land, cultivated, protected, and kept in a healthy, growing condition for and during the period of eight (8) years last past, acres oi (here describe the kimis o/ timber) timber; that not less than trees were planted on each acre, and that there are now at least (here state the number of trees) living and thrifty trees to and upon «nch acre, aggregating in total the number of trees. (Signature of claimant.) . Sworn to and subscribed before me this tlay of , iS— % , THE AMERICAN SETTLER'S GUIDE. Ol B. TIMBER CULTURE PROOF. TESTIMONV OF CLAIMANT. (Acts of March 3, 1873, March 13, 1874, and June 14, 1878,) , being called as a witness in own behalf in support of timber culture entry No. (61 — section — , township — , of range — , in the district of lands subject to entry at , testifies as follow*: Question i. What is your name written in full and correctly spelled, your age, and post-office address? Answer. . Question 2. Describe your timber-culture entry, giving the date thereof and the number of acres embraced therein. Answer. . Question 3. What number of acres of said land was broken by you during the first year, what number broken during the second year, and what number broken during the third year, respectively, after the date of youi entry ? Give the day, month, and year, as nearly as practicable in each instance, when the several breakings were done ; describe the method of breaking, and in what way your measurements were made. Answer. . Question 4. Describe the way in which the ground was prepared, and state how many acres of said tract wei« planted to trees during the second ytAr of your entry, giving the day, month, and year, as nearly as practicable, when the planting was done, the kind or kin^ of trees planted ; and state how you know the area or number ol acres so prepared and planted during said second year. Answer. . Question 5. Describe the way in which tKe ground was prepared, and state how many acres of said tract wer« planted to trees during the third y^^^r of your entry, giving the day, month, and year, as nearly as practicable, when the planting was done, the kind or kinds of trees planted ; and state how you know the area or number oJ acres so planted during said third yea.r. Answer. . Question 6. Describe the way in which the ground was prepared, and state how many acres of said tract were planted to trees during xh^/ourthyeaLX of your entry, giving the day, month, and year, as neariy as practicable, when the planting was done, the kind or kinds of trees planted; and state how you know the area or number ol acres so planted during sa\d/ourth year. Answer. . Question 7. If you have received an extension of time for planting on account of the destruction of your trec», seeds, or cuttings, by grasshoppers, or by extreme or unusual drought, state the year or years in which eztensioa was had, and give all the particulars. How did you proceed to obtain such an extension ? Question 8. How many acres of timber have you planted, cultivated, protected, and kept in a healthy grow- ing condition for the period of eight (») years last preceding on the tracts embraced in your entry ? Question 9. Describe the condition of the trees now growing on said tract, giving their average dLameter and height as near as you can, the kind or kinds of trees, the number of trees per acre now growmg thereon ; and state how you know the facts to which you testify t Question 10. Have you ever heretofore made any other timber culture entry ? If so, describe such entry « entries and state all the particulars. Q^trtfon II. Is the section specified in your entry composed of prairie land, or was it devoid of timber at tbe date of your entry? QCeTtton 12. Stite anything further within your personal knowledge which you have to offer regarding year aforesaid entry. Answer. . (Signature of claimant.) I hereby certify that each question and answer in the foregoing testimony was read to the claimant bef ore signed — - name thereto, and that the same was subscribed and sworn to before me this aay 01 c. (The testimony of two witnesses in thU form, taken separately, required in each case.) TIMBER CULTURE PROOF. TESTIMONY OF WITNESS. (ActsofMarch3,i873.Marchi3, 1874, and June 14, 1878.) ^ , being called as a witness in support of the |;.'"b",.<;"'["f^"'^ °^ "rTT tes°tified°!s follow. : of section -, township -, range -, in the d.stnct of lands subject to entry at Question 1. What is your name, age, occupation, and residence! fen ;:^e you well acquainted with , the claimant ; and, if so, since what time have yo. known him ? fen riTyou have personal knowledge regarding claimant's timber oiloireentry^^^^^^^ d^te when saia entry was made, describe the tract or tracts, and state the number of acres embraced q^ZZ;. 7^0. far do you reside from the 1-d described, andhave you had continuous person..l knowledge •f said land and the improvements thereon during the last eight (8) years . oTertto'n r^ak the section embracing the entry of the claimant composed of Toid of timblr? Describe the land embraced in said section^ ^^"^/fh";^ 'nd "r k "ds "^trc^ .0 growing, and timber was growing on the tract named at the date of entry ; state the kind or Kinos e date when fii-st rccei\ed at the local land officeC). The relinciuishment of a timber culture entry held for examination and declared valid re- lates back to date of filmg, and an application to enter presented between the date of liimg <.) Instructions, Land 0-,vner, Vol. .o. p. 232. ^^ Foster vs. Patterson, I^nd CH.mer Vol. 9. P- -7». C) Grandy v,. Bedell. Und O.vner, Vol. .0, p. 259- O Bender 7.1. Voss, Land Onmer ,S ^\. .0, p. .7.. (.) Effic J. Thomas, Land Lhvn.r, Vol. 8, p. .94. (") J- M- I^='y«-". ^-""'^ ''"'"':; ^ '°' "' ^"'• (') VMzevs. Kog.-irdus. Land Lhvn.r, Vol. .0, p. 232- C) I-^m.ct.ons, Land ihvner. Vol. 9. P- '99- (.) Anna D. Wohlferth.XaW Owmr, Vol. .0, p. 323. C) Anthony SeUn.an, Land ^;""-' *"'• 9- P '7^ (r) Curt,, r.,. Gnffes. Land Ou.n.r, Vol. 9. P- ^^-■ » Swings "... Lichtenberger. L.^nd Oumer. Vol. » («) Newtonz/j.I^upher, /.<*« vs. farpe., Land 0..n.r, Vol. .0, p. 299. \-^) John K. Cannon, i"'-' ^— • ""J^ '• "^^^^ («) Cudney vs. Fi.nucry.Lana O.on.r. Vol. .0. p. 55- {') Banks vs. Sm.th. Land O^.r. Vol. .0. p. ,.6. |i} Blenkcr vs. Slogyy, L.ind Owntr, Vol. 10, p. 171- 94 THE AMERICAN SETTLER'S GUIDE. the relinquishment, and the date of canceling entry should be received as the first legal appli- cation(»). There is no preference right of entry by reason of settlement or of breaking a portion of the land prior to filing of township plat in the local land officeC*). An applicant under the timber culture law is not required to present his application in person, and if he has recourse to the mail for the purpose of presenting to the local officers the instrument of his intention, he is entitled to the same consideration as if personally present («). Where timber culture applications are simultaneous the privilege of entry should be put up at auction^). An excess above 1 60 acres should be paid for in cash(*). 160 acres may be embraced in a timber culture entry, notwithstanding the section in ques- tion is fractional and contains only 342 acres('). Only one timber culture entry can be allowed in a section which embraces 862 acres(*). A successful contestant has thirty days to make entry. In the meantime, no one can enter other land in the same section under the timber culture lawC"). A timber culture entry by another party may be allowed within the thirty days granted con- testant within which to enter subject to the preference right of contestant('). A timber culture entry of arid land without means of irrigating it indicates bad faith, espe- cially if the law is not complied with in respect to otherwise preparing the land for planting(J) A filing should not be allowed where settlement is alleged subsequent to date of a timber culture entry covering the same landC'). A contestant's entty dates from the time it was fully perfected, and not from date of initiat- ing contest('). A party who appears to amend his timber culture entry cannot be allowed to embrace a tract entered by another timber culture claimant who has no notice of the prior party's inten- tion to claim the land. The first party may be allowed to take some other tract, or have the money paid as fees and commissions refunded(™). Breaking and Cultivation. A season of drought cannot excuse the breaking required 'by the timber culture laws("). In a timber culture entry there is no restriction when the work must be done, provided it is. done within the required timeC). Where an agent fails to do the breaking required within the statutory period, the laches wtH be cured if the entryman procures breaking before Contest(P). The object to be attamed during the first year by a timber culture claimant, is a thorough overturning of the soil, not in spots, but continuonsly throughout the prescribed area. Ik is immaterial whether this object be accomplished by plowing or otherwise(i). If eighteen months have elapsed from date of entry, it is not sufficient for a contestant t» allege non- compliance with the law during the first year, .but it must he alleged that the proper amount of breaking was not done the first year, nor up to the time the affidavit was executed(')^ Timber trees include every kind valuable for timber or domestic purposes('). (*) Sim vs. McGrew, Land Owner, Vol. 10, p. 299. (') Thomas A. Cheshire, Land Owner, Vol. 8, p. 195. C>) Samuel Dewell, Liind Owner, Vol. 10, p. 233. ("■) Herbert H. Moody, Land Otimer, Vol. 10, p. 151. (•) William C. Young, Land Owner, Vol. 11, p. a6. (■>) Tniax vs. Semper, Land Owner, Vol. 9, p. 7^ (*) Instructions, Land Oiimer, Vol. 9, p. 199. (0) Gahan vs. Garrett, Land Owner, Vol. 9 p. 63. (•) Owen L. Ramsey, Land Owner, Vol. 9, p. 172. (p) Ewing vs. Rickard, Land Owner, Vol. 9, p. 174. O C. A. Rice, Land Owner, Vol. 10, p. 93. (q) Blum vs. Petsch, Land Owner, Vol. n, p. 95. («) Edward Powell, LttndOiuner, Vol. 10, p. 327. (») Worthington w. Watson, Land Owner, '^fA. xi,p.. (M William Ehman, Land Owner, Vol. 9, p. 36. 55. 0) Shanley vs. Moran, Land Owner, Vol. lo, p. 93. (•) M. C. George, Land Owner, Vol. 8, p. 180. ()) Kowe vs. Beller, Land Owner, Vol. 10, p, 380. (*) Tinney vs. McDonald, Land Owner, Vol. 11, p. THE AMERICAN SETTLER'S GUIDE. 90 'iasmaman gum tree may be planted for timber culture(»). Putting land to crop is not required under timber culture laws. The ground may l>c hai- Tovied or otherwise properly preparedC"). Mulching will be allowed in timber culture entries('=). Cultivation by hoeing and permitting a growth of grass or weedo around young trees. «h..r.. it will insure their protection and growth better than the custoinaiv cultivation by plowin;; etc., is deemed a compliance with the timber-culture law('') The preparation of the land and planting of trees are acts of culiivaiion. and the time a .■ :ually so employed should be computed as jjart of the eight years r.;r^tiired in timber cuhure cases. If at the expiration of eight years from date of entry the timber growing upun a claim is not in a fit condition to meet the requirements of the law, the claimant may be allowed hvt years additional time in order to attain the required results, as in this Civse, notwithstaudinj.- the party had 22,600 trees upon his claim{*). A timber culture entr)' in which the claimant fails to plant during the third year is for- feited(f). Final Proof. A father, as heir, can compl.-te the timber cuUure entry of a deceased son(«). Contest and Relinquishment. The Revised Rules of Practice allow the initiation of conte.sts against alleged abandoned 01 forfeited homestead or timber culture entries by any person, whether in interest or not, and also against pre-emption and desert land entries. Parties who strictly comply with the laws, (and they only,) need have no fear of contests. The afiidavit of contest must i)e made m timner cuUure cases after the year has expired. The difference of one day is niaterial(»). Where a qualified party desires to make both a homestead and a timber culture entry, he siay commence contest against two timber culture entries^). A contest affidavit against a timber culture entry is insufficient if it does not allege that the failure complained of exists at the present time(''). The charges in affidavit of contest again.st a timber culture entry must be specific as to quantity! '). H. entered in 1876, but claimed the benefits of the act of 1878. This act enlarged the pro- visions of the act of 1874, but is not inconsistent therewith in respect to affidavit required, to the effect that the entry is made for the cultivadon of timber, for his own exclusive use and benefit, in good failh for himself and not for the purpose of speculation. The evidence showi the law not to have been complied with in this respect, as Husted had bargained and sold or agreed to sell the entire tract to another, who was to cultivate the land for a time for a part of the proceeds of the agricultural crop, //eld, That the entry should be canceled, as not having been made with a view to appropriate the land to his own use, but for speculative pur- Acts done or omissions by the timber culture claimant since date of initiating contest have no bearing on contestant's rightsC"). Where the first contest against a timber culture entry is not supported by law, another oon- (.) W. A. Sanders. Land O^ner. Vol. 8, p. 194. '') Cowan .s. Wood.side, /««»er, Vol. 8, p. 76. « Stewart vs. Carr. La»d Ou^.r.Vol .., p. 4- . Enoch W. Poor Land O^er. Vol. 8, p. X95. W Milton F. Blo.s, Land O.'n.r. Vo . ,0. p. .o^ W Reynolds vs. Sampson, Land O^n^r, Vol. .0, p. t^) Dodge vs. Miller, Land 0^-ner,\o\. .0. p W- (1) Rowe w. Beller, Zfl«r more, without forfeiting his entry, provided he returns and the timber culture law is complied with(8). A qualified party may make a relinquishment of his timber culture claim and re-enter as homestead. A party cannot make relinquishment of one timber culture claim and make another timber culture entrj'C"). The purchaser of the rehnquishment of a public land entiy gains no rights against the United States from the mere fact of such purchase, and the question of duplicate sales or of the pay- ment or non-payment of the purchase money, has no legal bearing in the determination of a casefO. (») Bivins vs. Shelly, Land Owner, Vol. 10, p. 212. (f) Morgan vs. Doyle, Land Ozimer, Vol. 11, p. 131 0>) Instructions, Land Owner, Vol. 10, p. 42. (;} McMurtrie vs. "Wright, Land Owner, \'ol. 11, p. (') Schneider i/j. Bradley, Land Owner, Vol. 9, p. 64. 25. (*) J. W. Farmer, Land Owner, Vol. 8, p. 93. '«•) W. K. Lewis, Land Owner, Vol. 8, p. 122. (•) Bundy vs. Living'iton, Land Oii-ner, Vol. 9, p. (') Andrew Korbe, Land Owner, Vol. ic, p. la^ '73- CHAPTER VI. MISCELLANEOUS. I. Townsites. Tlie President is authorized to reserve from the public lands, whether survey-d or unsur -.eyed, towiisites on the shores of harbors, at the junction of rivers, important ponages, or an, cultural or prospective centers of population. The old method of obtaining title to townsite lands is as follows : When, in the opinion of the President, the public interests require it, it shall be the duty of the Secretary of the Interior to cause any of such reservations, or part thereof, to be sur- veyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence afterward to be held subject to sale at private entry according to such regulations as the Secretary of the Interior may prescribe ; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof. And all such sales shall be con- ducted by the Register and Receiver of the land office in the district in which the reservatior may be situated, in accordance with the instructions of the Commissioner of the Genera Land Office. In any case in which parties have already founded, or may hereafter desire to found, a city or town on the public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and forty acres, describing its exterior boundaries according to the lines of the public survey.s, where such surveys have been executed ; also giving the name of such city or town, and ex hibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements, and areas of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and general character of the improve- ments ; such map and statement to be verified under oath by the party acting fcr and in behalf of the persons proposing to establish such city or town; and within one month after 'iuch filing there shall be .transmitted to the General Land Office a verified transcript of such map and statement, accompanied by the testimony of two witnesses that such city or town has been established in good faith, and when the premises are within the limits of an organized land district, a similar map and statement shall be filed with the Register and Receiver; and at any time after the filing of such map, statement, and testimony in the Gen- •tral Land Office, it may be lawful for the President, to cause the hits embraced within the 'imits of such city or town to be offered at public sale to the highest bidder, subject to a min- imum of ten dollars for each lot; and such lots as may not be disposed of at public sale <;hall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminution thereafter as the Secretary of the Interior may order from time to time, after ai least three months* notice, in view of the increase or decrease in the value of tlie municipal property. But any actual settler upon any one lot, as above provided, and upon any addi- tional lot in which he may have substantial improvements, shall be entitled to prove up and purchase the same as a pre-emption, at such minimum, at any time before the day fixed for the public sale. When such cities or tov/ns are established upon unsurveyed lands, it may be lawful, after Che extension thereto of the public surveys, to adjust the extension limits of the premise* according to those lines, where it can be done without interference with righu which may be (97) 98 THE AMERICAN SETTLER'S GUIDE. vested by sale. Paents for all lots so disposed of at public or private sale are issued as in ordinary cases. If witl:in twelve months from the establishment of a city or town on the public domain, the parties interested refuse or fail to file in the General Land Office a transcript map, with the statement and testimony called for above, the Secretary of the Interior will cause a survey and plat to be made of such city or town, and thereafter the lots in the "same shall be disposed ot as required by such provisions, with this exception, that they shall each be at an increase of fifty per centum on the minimum of ten dollars per lot. The preceding method is not much used. The better one is as follows : In case the town is incorporated, the corporate authorities thereof, and, if not incorporated, the judge of the county court for the county in which the town is situated, may enter at the proper United States land office, and at the minimum price of |!i.25 per acre, the land so settled and occupied for townsite purposes, in trust for the occupants thereof, according to theii respective interests; the execution of v/hich trust, as to the disposal of the lots in the town, and the proceeds of the sales thereof, to be conducted under such regulations as may be pre- scribed by the legislature of the State or Territory in which the same may be situated. The entry of the land must be made, or a declaratory statement of the purpose of the inhabitants to enter it as a townsite must be filed with the Register of the proper land office, prior to the commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement must include only such land as is actually occupied by the town, and the title to w hich is in the United States ; but in any Territory in which a land office may not have been established, such declaratory statements may be filed with the sur- veyor-general of the surveying district in which the lands are situated, who shall transmit the same to the General Land Office. Where the number of inhabitants is one hundred and less than two hundred, not exceeding three hundred and twenty acres can be embraced in an entry ; where the population is more than two hundred and less than one thousand, not exceeding six hundred and forty acres ; and where the inhabitants number one thousand and over, not exceeding twelve hundred and eighty acres ; and for each additional one thousand inhabitants, not exceeding five thousand in all, a further grant of three hundred and twenty acres is allowed. If upon surveyed lands, the entry shall in its exterior limits be made in conformity to the legal subdivisions of the public lands authorized by law. When it is desired to enter a townsite found upon the unsurveyed public lands, a written application should be presented to the surveyor-general of the proper district for a survey, and the amount estimated by him as sufficient to cover the said cost and expenses must be deposited with any Assistant United States Treasurer or designated depositary in favor of the United States Treasurer, the depositor taking a duplicate certificate of deposit, one to be filed with the surveyor-general, and the other retained by the depositor. On receiving such cer- tificate, showing that the requisite sum has been deposited in a proper manner to pay for the work, the surveyor-general will transmit to the Register and Receiver of the district land office his certificate of such payment having been made, and will contract with a competent United States deputy surveyor, and have the survey made and returned in the same manner as other public surveys, after which the lands embraced within the site may be entered, or filed upon, as in the case of townsites upon surveyed lands. All military and other reservations of the United States, private grants, and valid mining claims are excluded from the operation of these townsite laws. In patents issued thereunder it is expressly declared as follows, viz : " No title shall be hereby acquired to any mine of gold, silver, cinnabar, or copper, or any valid mining claim or possession held under ex isting laws of Congress." The amount of land that can be reserved from pre-emption and homestead entry, by reason of the existence or incorporation of a town upon the public domain, is two thousand Atc hundred and sixty acres, unless the excess shall "be actually settled upon, inhabited, im- pro\e'l, and used for business and municipal purposes." THE AMERICAN SETTLER'S GUIDE. 9^ Pre-emption and homestead entries already made within the corporate limits of a town are confirmed, the entries being regular in all respects; Provided, it shall be satisfactorily shown that the lands so entered are " not settled upon or used for any municipal purpose, nor de- voted to any public use of such town." When the corporate limits of a town embrace lands in excess of the maximum quantity allowed, the proper authorities may select those portions that are actually occupied, used, and unproved for municipal purposes, which lands shall be reserved from pre-emption and home- stead entry, and the residue will be restored, or become subject to such settlement and entry. This selection must be made within sixty days from notice; and in default thereof, a hearing will be ordered and testimony taken as to the condition of the land, and such portion set apart as shall appear to be within the meaning of the act. Additional entries may be made by towns, where entries have already been made, in cases in which an increase in the number of inhabitants would entitle them to an entry of a larger area ; such entries, however, to be within the maximum amount, or two thousand five hundred and sixty acres. The inhabitants of these towns or cities are limited, however, to one or the other of the modes provided in the law, and cannot commence proceedings under both systems. II. Railroad Grants. a. HOMESTEAD AND PRE-EMPTION CLAIMS IN GENERAL. Under the provisions of the acts of Congress granting lands to aid in the construction of railroads, wherein there are excepted from such grants the lands to which a valid pre-emption or homestead right had attached at the time when the grant may have become effective, the Land Department has decided as follows : 1. A homestead 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. Under this ruling it is no longer necessary to hold investigations for the purpose of inquir ing into the period of residence of the claimant, his acts respecting settlement upon ana cultivation of the tract, etc. ; but, if the entry appears upon its face to be valid, no hearing will be ordered. In case allegations are presented by a railroad company tending to show fraud or irregu- larity in the initiation of the entry, proper opportunity will be afforded for the presentation of proof thereof. The law(section 2289, United States Revised Statutes) requires that a person making a homestead entry must be over twenty-one years of age, or the head of a family, and a citizen of the United States, or have declared his intention to become such ; and, at the time of making such entry, he must swear that it is made for the purpose of cultivation, and not directly or indirectly for the use and benefit of any other person. The foregoing regulation has reference only to lands within the granted limits of railroads, the Supreme Court of the United States having recently decided, in the case of Michael Ryan vs. Central Pacific Railroad Company, that the right to indemnity lands does not attach until those lands are regularly selected. Where, however, entries or filings have been admitted upon lands within the indemnity limits of any railroad grant, they will be allowed to stani awaiting the final adjustment of such grant, when, if the tracts are not required in sat.sfacuon thereof, the entries or filings may be consummated. _ r u »/ K 2. A pre-emption claim which may have existed to a tract of land at the time of the z .acn- ment of a railroad grant, if subsequently abandoned and not consummated, even thougn m all respects legal and bona fide, will not defeat the grant, it being held that upon the failure ot such claim the land covered thereby goes to the grant as of the date when the grant became effective. , ■ • .u r,/.^ Under this ruling, no hearings can be ordered for the purpose of ascertaining the factt respecting the settlement, occupation, improvement of the land, etc., by such pre-emption TOO THE AMERICAN SETTLER'S GUIDE. claimant at time of the attachment of the grant; for if such facts are establibhed, under the de cision, the land is excepted from the grant. b. RELINQUISHMENTS IN FAVOR OF SETTLERS. By an act of Congress approved June 22, 1874, (18 Stat., p. 194,) it is provided : That in the adjustment of all railroad land grants, whether mcde directly to any raliroad company or to any State for railroad purposes, if any of the lands granted be found in the possession of an actual settler whose entry or filing has been allowed under the pie-emptioc or homestead laws of the United States subsequent to the time at which, by the decision of the land office, the right of said road was declared to have attached to such lands, the grantees, upon a proper relinquishment of the lands so entered or filed for, shall be entitlid to select an equal quantity of other lands in lieu thereof from any of the public lands not mineial, and within the limits of the grant, not otherwise appropriated at the date of selection, to which they shall receive title the same as though originally granted. And any such entrie.s- or filings thus relieved from conflict may be perfected into complete title as if such lands had not been granted : ProvUed, That nothing herein contained shall in any manner be so con stnied 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 no; be construed so as in any manner to confirm or legalize any decision or ruling of the Interio Department under which lands have been certified to any railroad company, when such land- 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 ofiice of the withdrawal of such lands from market. An inducement is thus oflfered to such railroad companies as may be found entitled to lands held by actual settlers under the pre-emption or homestead laws, to relinquish in favor of the settlers, and receive other lands in lieu of those surrendered. Upon the filing of such relinquishment, the General Land Office is authorized to recognize he filing or entry of the settler in the same manner as if the land had not been granted to the ailroad company. Relinquished lands are rated at $1.25 per acre. When the superior right of the company is ascertained, and it is found that the claim of the settler is such that it would be admitted were the railroad claim extinguished, the General Land Office will, in all practicable cases, direct the attention of the officers of the company to the fact, and request an explicit answer whether or not the land will be relinquished. At the same time it will be well for the party interested to seek for himself the relief indi- cated by direct application to the railroad authorities, and thereby aid in securing a speedy and satisfactory adjustment. C. CONFIRMATION OF PRE-EMPTION AND HOMESTEAD CLAIMS. On the 2ist of April, 1876, Congress, by an act entitled "An act to confirm pre-emption and homestead entries of public lands within the limits of railroad grants, in cases where such entries have been made under the regulations of the Land Department," declared : That all pre-emption and homestead entries, or entries in compliance with any law of the United States, of the public lands, made in good faith by actual settlers, upon tracts of land of not more than one hundred and sixty acres each, within the limits of any land grant, prior to the time when notice of the withdrawal of the lands embraced in such grant was received at the local land office of the district in which such lands are situated, or after their restora- tion to market by order of the General Land Office, and where the pre emption and home- stead laws have been complied with, and proper proofs thereof have been made by the parties holding such tracts or parcels, they shall be confirmed, and patent for the same shall issue tc the parties entitled thereto. Section 2. That when at the time of such withdrawal as aforesaid valid pre-emption or homestead claims existed upon any lands within the limits* of any such grants which after- ward were abandoned, and, under the decisions and rulings of the Land Department, were re-entered by pre-emption or homestead claimants who have complied with the law governin^j THE AMERICAN SETTLER'S GUIDE 1^1 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 llierefor to the person entitled thereto. Section 3. That all such pre-emption and homestead entries which may have been made by permission of the Land Department, or in pursuance of the rules and instructions thereof within the limits of any land grant, at a time subsequent to expiration ^of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such claim to a patent therefor. — (19 Siat., p. "Z.) It is required that every application under this act shall be in such form as to distinctly set forth the facts in the case, and the specific grounds upon which the party applying claims to be included in the terms of the law ; and after the application shall have been filed, the applicant shall be allowed, to make proof of compliance with the pre-emption or homestead laws as provided in this act. Applications under this act must, in all cases, be made to the local land officers of the district within which the land claimed is situated, and the proof required must be taken be fore them, or before any person authorized by law to take the same. No person shall be deemed to have lost any right who failed to make the proof required by the pre-emption or homestead laws, by reason of any decision or ruling of the General Land Office prior to the approval of this act, and all such persons may now make the proof required, III. State Lands. The lands for sale by the several States were mostly donated to them by the general Government for internal improvements and educational purposes. Some States, like Texas, derived their public lands from a foreign power. The sixteenth and thirty-sixth sections»in every township in the public land States and Territories are reserved for school purposes, and must be bought of the State, unless the settler went thereon prior to their survey in the field when he is allowed to secure title through the United States Land Office. Parties who find from the United States officers that the lands they wish to buy belong to the State, should apply to the State land officers. (See Chapter VII.) The advantages claimed on behalf of State lands are: I. They are mostly situated in the older portions of the State, where the settler has the advantages of railroad facilities, towns and markets, and where school houses, churches, and :ourt houses are already built, and society fully organized. 2. They are sold on long time, in annual installments, at a moderate rate of interest. 3. The title comes directly from the State, and there can be no question as to title because of mortgages, judgments, back taxes, etc. 4. The purchaser can pay up the balance due at any time within the long period allowed by the State, and procure a deed. IV. Private Land Claims. These claims arise under grants of various kinds from foreign governments, from whom the United States obtained the country by treaty. The majority are of Mexican origin, while many Spanish, and some French and English, claims remain unadjusted. No one will pur- chase land under these unpatented grants without first securing the favorable opinion in writ- aig of a land lawyer. As these claims are protected by treaty stipulations, they arc not defeated by railroad grants, State selections, mining locations or homestead, pre-emption, or other claims under the United States. Many fraudulent private land claims exist, and of these all settlers should beware, for they are worthless and void. Whoever invests in them wastes his money. Immigrants will be cautious about settling upon land claimed under a foreign title, for ihcy are likely to be expelled by the courts as trespassers, and the money they may have invested in buildings and improvements will be a total loss. Settlers will occasionally be offered lands held under some special or private act of Con- CVP^s. f)„lv on a clear abstract of title, showing the land to be frc- fr-m taxes. judgniciii.s 102 THE AMERICAN SETTLER'S GUIDE. and mortgages, made at the expense of the seller, and tracing the title back to the governmenl or other satisfactory source, should the settler buy lands of a private individual or corporation, V. Indian Lands. Certain lands in the Territories and States are set apart for the use of Indians. No one is allowed to prospect for minerals or settle upon these lands. Through the united action of a delegation in Congress, the boundaries of an Indian reservation may be changed. Should a settler's improvements be included within the limits of a reservation set apart after he settled upon the land, he will receive pay from the government, usually at the full value, for what- ever has been taken from him. VI. Mines and Mineral Lands. (») Lands valuable for deposits of minerals, such as fire and pottery clays, marble, asphalt, soda, sulphur, diamonds,' or of the precious and common metals, are subject to sale under the mining laws. A location must be first duly made and recorded. Certain sums must be annually expended, and five hundred dollars worth of labor and improvements must be laid out on the claim before patent can be applied for. The rules and regulations and methods of procedure are fully set forth and explained in Copp's American Mining Code. Mining locations defeat all railroad and state selections, if the mines and minerals were discovered and known to exist or were located prior to the time the railroad and state claims took effect. Private land claims derived from foreign governments alone can defeat mining locations. Homestead, pre-emption and timber-culture entries cannot embrace known mineral lands unless it be first shown that the lands sought to be entered are more valuable for agricultura ourposes than for the minerals they contain. VII. Coal Lands. The act of Congress approved March 3, 1873, entitled " An act to pro\'ide for the sale of th lands of the United States containing coal," is as follows: [Section 2347 to 2352 R. S.] Be it enacted, etc., That any person above the age of twenty-one years who is a citizen of t- * United States, or who has declared his intention to become such, or any association of pers ns severally qualified as above, shall, upon application to the Register of the proper land of ce, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the U ited States not otherwise appropriated or reserved by competent authority, not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres tc ^uch association, upon payment to the Receiver of not less than ten dollars per acre for such lands, where the same shall be situated more than fifteen miles from any completed railroad, and not less than twenty dollars per acre for such lands as shall be within fifteen miles of such road. Section 2. That any person or association of persons severally qualified as above, who have opened and improved, cr shall hereafter open and improve, any coal mine or mines upon the -public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under the foregoing provisions, of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as in section one of this act, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements. Section 3. That all claims under section two of this act must be presented to the Register of the proper land district within sixty days after the date of actual possession and the com- mencement of improvements on the land by the filing of a declaratory statement therefor: Provided, That when tlie township plat is not on file at the date of such improvement, fihng must be made within sixty days from the receipt of such plat at the district office: And pro- vided further. That where the improvements shall have been made prior to the expiration of three months from the passage of this act, sixty days from the expiration of said three months (•) Sec note (>•) on first p.ige of Title III. which shouU! include Alabama. THE AMERICAN SETTLER'S GUIDE. 103 «;hall be allowed for the filing of a declaratory statement, and no sales under the pK>vi»ions ot this act shall be allowed until the expiration of six months from the date hereof. Section 4. That this act shall be held to authorize only one entry by the same person 01 association of persons under its provisions ; and no association of persons, any member of which shall have taken the benefit of this act either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions of this act ; and no member of any association which shall have taken the benefit of this act shall enter or hold any other lands under its provisions ; and all persons claiming under section two hereof shall be required to prove their respective rights and pay for the lands filed upon within one yc.-it from the time prescribed for filing their respective claims ; and upon failure to file the propci notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant. Section 5. That in case of conflicting claims upon lands where the improvements shall be hereafter commenced, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase; and also where improvements have already been made at the date of the passage of this act, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties ; and the Commissioner of the General Land Office shall be, and is hereby, authorized to issue all needful rules and regulations for carrying into effect the provisions of this act. Section 6. That nothing in this act shall be construed to destroy or impair any rights which may have attached prior to its passage, or to authorize the sale of lands valuable for mines of gold, silver, or copper. The sale of coal lands is provided for — 1. By ordinary private entry under section i. 2. By granting a preference right of purchase based on priority of possession and improve- ment under section 2. The land entered under either section must be dy legal subdivisions, as made by the regular United States survey. Entry is confined to surveyed lands ; to such as are vacant, not other- wise appropriated, reserved by competent authority, or containing valuable minerals other than coal. Individuals and associations may purchase. If an individual, he must be twenty-one years of age and a citizen of the United States, or have declared his intention to become such citizen. If an association of persons, each must be qualified as above. A person is not disqualified by the ownership of any quantity of other land, nor by having removed from his own land in the same State or Territory. Any individual may enter by legal subdivisions as aforesaid any area not exceeding on« hundred and sixty acres. Any association may enter not to exceed three hundred and twenty acres. Any association of not less than four persons, duly qualified, who shall have exj^ended not less than $5,000 in working and improving any coal mine or mines, may enter under section 2 not exceeding six hundred and forty acres, including such mining improvements. The price per acre is $10 where the land is situated more than fifteen miles from any com- pleted railroad, and $20 per acre where the land is within fifteen miles of such road. Where the land Y..s partly Min fifteen miles of such road and ^. part outsnle sue hm t^ the maximum price must be paid for all legal subdivisions the greater part of winch I.e. within fifteen miles of such road. ,„,^,„,i „„ iJn- The term "completed railroad" is held to mean one which is actually ""'^ -*^ j ^^ ^J ace of the earth; and lands within fifteen miles of any point of a railroad so constructed vill be held and disposed of at $20 per acre, if constructed at date of P^yjJ-^-^ Any d«ly qualified person or association must be preferred as P-^'^-^-'l^'j^^^X « lands on which they ha've opened and improved, or shall open and improve, any coal mme n, rninpc onci which fh-•'•• ; nie God. I, , of the land office at »cribed to before me this day of , A. U do hereby certify that the above affidavit was sworn aad : i06 THE AMERICAN SETTLER'S GUIDE. In case the purchaser shows by an affidavit that he is not personally acquainted with the character of the land, his duly autliorized agent who possesses such knowledge may make the required affidavit as to its character; but whether this affidavit is made by principal or agent, it must be corroborated by the affidavits of two disinterested and credible witnesses having ftnowledge of its character. Circular of July 31, 1882, may be obtained of the Register. VIII. Stone and Timber Lands. Surveyed lands in California, Oregon, Nevada, and in Washington Territory not yet pro claimed and offered at public sale, valuable chiefly for limber and stone, unfit for cultivation, and consequently unfit for disposal under the pre-emption and homestead laws, may be pur- chased by individuals and by associations at the minimum price of $2.50 per acre. When a party applies to purchase a tract of this character, the Register and Receiver will require him to make affidavit that he is a citizen of the United States by birth or naturaliza- tion, or that he has declared his intention to become a citizen under the naturalization laws. If native born, parol evidence of that fact will be received. If not native bom, record evi- dence of the prescribed qualifications must be furnished. In connection therewith, he will be required to make a sworn statement in duplicate, according to the attached form ; Land Office at — — , (Daie) , 18—. I, , of county, , 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 States of California, Oregon, Nevada, and in Washington Territory," for the purchase of the of section , township , of range , do solemnly — that ; that the said land is unfit for cultivation, and valuable chiefly for its ; that it is uninhab- ited ; that it contains no mining or other improvements ; nor, as I verily believe, any valuable deposit of gold, silver, cinnabar, copper, or coal ; that I have made no other application under said act ; that I do not apply to purchase the land above described on speculation, but in good faith to appropriate it to my own exclusive use and benefit; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which I may acquire from the Government of the 'Jnited States may inure in whole or in part to the benefit of any person except myself. Sworn to and subscribed before me this day of , 18—. If any person taking this oath swears falsely in the premises, he will be subject to all the pains and penalties of perjury, and forfeit the money which he may have paid for the lands, and all right and title to the same ; and any grant or conveyance which he may have made, except in the hands of bona-fide purchasers, will be null and void. Upon the filing of the above statement, the Register of the land office will post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and furnish the applicant a copy of the same for publication, at the ex- pense of the applicant, in a newspaper published nearest the location of the premises, for a like period of time ; and after the expiration of the sixty days, if no adverse claim shall have been filed, the person desiring to purchase must furnish to the Register of the land office sat- isfactory evidence that the notice of the application prepared by the Register was duly pub- lished in a newspaper as required. This evidence must consist of the affidavit of the publisher or other person having charge of the newspaper in which the notice is pubjished, with a copy of the notice attached thereto, setting forth the nature of his connection with the paper, and that the notice was duly pub- lished for the prescribed period. The evidence required with regard to the non-mineral character of the land, and its unoccupied and unimproved condition, must consist of the testimony of at least two disinterested witnesses, to the effect that they know the facts to which they testify from personal inspection of the land and of each of its smallest legal subdivisions, as per form attached : TESTIMONY OF WITNESS. ■ , being called as a witness in support of the application of to purchase the '. -being duly sworn, declare, upon oath, that 1 anT'a resident ofTiid county and ; that I am of the age of- .and bv occup.^tion a ; that I am well acquainted w„h th, char.icler of each and every legal subdivision of the following described land : the section No towik ship No. , range No— containing acres; that 1 became acquainted with said land by ' 'that 1 bavr bren acquainted with it for years last past; that I have frequently passed overit ; that myknowledec of sad land is such as to enable me to testify uuderstandingly concerning it ; that the same is desert land withm the niraning of the second section of the act of Congress approved March 3, 1877, entitled " An j*'-t to pro wise; that no portion of said land is worked for mineral during any part of the 5'ear by any person or persons; that said land is essentially non-mineral land; that 1 am not interested in any way or manner, directly or indi- rectly, present or prospective, in any application or declaration made or to be made for said land, or in the land it>elf, or in the title which may by any person or in any manner be acquired thereto. After this proof has been made to the satisfaction of the district officers, the Receiver will receive from the applicant the sum of twenty-five cents per acre for the land applied for; the Register will receive and file his declaration, and they will jointly issue, in duplicate, a cer^ tificate in the form attached : No Unitkd States Land Office, , 18—. It is hereby certified that under the provisions of the act of Congress approved March 3, 1877, entitled "A« act to provide for the sale of desert lands in certain States and Territories," has this day filed ia this office his declaration of intention to reclaim the following described tract of land, viz. : ; that he has proven to our satisfaction that the said tract of land is desert land, as defined in the second section of said act, and that he has paid to the Receiver the sura of dollars, being at the rate of twenty-five cents per acre for the land above described. , , , ^ , . .. .. Ills, therefore, further certified, that if within three years from the date hereof the said ■ , his neirs or legal representatives, shall satisfactorily prove that the said land has been reclaimed by carr>-ing water thereon and shall pay to the Receiver the additional sum of one dollar per acre for the land above described, he oc they shall be entitled to receive a patent therefor under the provisions of the said act. , Rtcehftr. Note.— The word " heirs " is substituted in this form for the word " assignee," the Secretary of the Intenot ftaving declined to recognize the assignment of desert land claims. One of these duplicates will be delivered to the applicant; the other will be retained by the Register and Receiver with the declaration and proof. At any time within three years after the date of filing the declaration and the issue of cer- tificate, provided the United States surveys have been extended over the land, the propct party may make satisfactory proof of having conducted water upon tlie land applied for. This proof must consist of the testimony of at least two disinterested and credible wiine«se«, who must appear in person before the Register .and Receiver. They must declare that they have personal knowledge of the condition of the land applied for, and of the facts to which ihey testify; and their testimony must be reduced to writing in the usual manner. P DEPOSITION OF APPLICANT. Ques. I. State your name, age, occupation, and residence. Qut:s.Trre yott a citizen of the United States or. if not, have you declared your intention to become «^? (If not native bom, proof-record must be furnished.) Qu'es.Tlf you have heretofore made a desert land entry, give the number and date thereof, and describe df land embraced therein. 0«.T^-i,M crop. h.v. you -Uod opoo ..id M » »cl. ^d .«r, )-«""»« yo.. 6"t «t., «-«. ander your declaration No. ? Ques.TlT^w manv .c^es have been sown or planted in each y-r-J," f^-^^^^^^V"' "'" *''' ^^'^ " .ubdi vision of the land, and wliat amount of such crops has been actually produced! Ans. . 110 THE AMERICAN SETTLER'S GUIDE. Que5. 7. ^Vhat crops, if any, had been grown upon the land, or upon any portion thereof, and, if any, npoa what portion, previous to your entry thereon? Ans. . Ques. 8. Woulil the land, or any portion of it, by cultivation without irrigation, have produced any agricol- tural crop whatever, and, if so, what crop ? Ques. o. Was there any natural water supply upon such land sufficient to fertilize or irrigate the whole or any thereof, and, if so, what portion? State fully. Ans. Ques. 10. Has the amount of water conveyed upon the land in any one season been sufficient to so irrigate the entire tract as to render the same productive, and, if so, what crop or crops would such irrigation produce ? Ques. II. Has the whole tract been irrigated and cultivated by you in any one season? Ans. . Ques. 12. Has each smallest legal subdivision or portion of less than forty acres been irrigated or cultivated tiiher during one season or different seasons since the date of your entry? Ans. . Ques. 13. How much water per acre has been conducted upon the land, or upon any portion under cultivation in any one season ; for how long a time was it so conducted upon the land, and at what times or seasons ? State fully, Ans, , Ques. 14. In what manner was such water conveyed upon the land, whether by pipes or ditches, and how was It distributed over and through the soil ? State particularly and in detail, and describe the ditches as to their width, depth, direction through or around the land, and give the length of each. AnB. . Ques. 15. Have you at this time the right and proprietorship of water sufficient and available to continue the irrigation of this tract and make perpetual reclamation of the land, and is it your purpose so to continue its use upon this land, and for the purposes of such recUmation ? Ans. . ^ Ques. 16, How was such right or proprietorship obtained, and by what tenure do you now hold the same? (Duly verified abstract of title must be furnished. ) Ans. . Ques. 17. Have you the sole and entire interest in said entry, and in the tract covered thereby, and the water appropriated to irrigate the same? Ques. 18. Has any other person, individual, or company of individuals, any interest whatever in said entry, tract, or water appropriation ? If so, give the name, residence, and occupation of each such person, and the nature, amount, and extent of such interest, Ans. . Ques. 19. Have you made or become the assignee of any other entry, or have you any interest, direct or in- direct, in any other entry under the desert land act? Ans. . (Signature.) . I HEREBY CERTIFY that cach question and answer in the foregoing deposition was read to the applican before signed name thereto, and that the same was subscribed and sworn to before me this day of , 18—. , Register. , Receiver, Note. — The officer before whom the deposition is taken should call the attention of the witness to the follow- ing section of the Revised Statutes, and state to him that i^ is the purposeof the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law : TiTi,K LXX.— CRIMES.— Ch. 4. Skc. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, de- pose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is ;nie, willfully and contrary to such oath states or subscribes any material matter which he does not believe to pe true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter, be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed, [Seeg 1750/J The deposition of two witnesses, in the following form, taken separately, is required in each case. DEPOSITION OF WITNESS. Ques. I. State your name, age, residence, and occupation. Ques. 2. Are you acquainted with , who made desert land entry No, , on the day of , A. D., 18—, upon the ? p Ques. 3. How long have you known the party who made this entry? Ans. . Ques. 4. Have you personal knowledge of this land? Ans. . Ques. 5. Has water been conducted upon the land embraced in said entry, so as to irrigate and same from its former desert condition to such extent that the same will produce an agricultural crop? Qjes. 6. What crops have been raised upon said land in each and every year since its first entry by , under declaration No. , and by whom ? Ans. , Ques, 7. How many acres have been sown or planted in each year, in what crops, and upon what portion or subdivision of the land, and what amount of crops haye been produced thereon, and by whom? Ans. Ques. 8. What crops, if any, had been grown upon the land or upon any portion thereof, previoui to tke entry of thereon? Ans. . THE AMERICAN SETTLER'S GUIDE. :i, tu?.?";,^ wltver^&rwhJt^rop t" °' "' "" ^'''^'"''*° ''"^°"' ^S=^''-' ' '^ P''x^-«=^ -X agricui Ans. . Que*. lo. Was there any natural water supply upon such land sufficient to fertilize or irrigate the whol- « aay portion thereof, and if so, what portion? Sutc fully. 'rr'S-iie ine wnoie, o« Ans. . Ques. II. Has the amount of water conveyed upon said land by in anv one ica^on h«., llcuTrris^Z pSIcI" """= "^' " '^ ""'^^ ''"' ""' P^^J""'-. =^nd .f so, what c'^rop or cfops w^cS^ Ans. . Que*. 12. Has the whole tract been irrigated and cultivated by ■ . in any one season? Ques 13. Has each smallest legal subdivision or portion of less than forty acres been irrigated or cullivateO either during one season or different seasons since the date of en:ry? «. «.u.v.»*io« Ans. . Ques. 14. How much water per acre has been conducted upon the land, or upon any portion under cultivalio* in anyone season; for how long a tune was it so conducted upon the land, and at what times or seasons' Stale fully. Ans. . Ques. 15. In what manner was such water conveyed upon the land, whether by pipes or diuhes, and how was It distributed over and through the soil? State particularly and in detail, and describe the ditches as to their width, depih, direction through or around the tract, and give the lengtti of each. Ans. . Ques. 16. Has at this time the right and proprietorship of water sufScient and available to con tiuue the irrigation of this tract and make perpetual reclamation of the land? Ans. . Oues. 17. How did you become acquainted with the facts relative to the irrigation of said land? Ans. . Ques. 18. Have you any interest, direct or indirect, in this entrj', in the land covered thereby, or in th.e watei supply used in its irrigation? Ans. . (S>£7iaiure.) . I HEKEBT CERTIFY that wituess IS a person of respectability; that each question and answer in the foregoing testimony was read to before signed name thereto ; and that the same was subscribed and sworn to before me this day of , i3 — . , Rigister. — — , Receiver. Note. — ITie officer before whom the deposition is taken should call the attention of the witness to the follow- ing section of the Revised Statutes, and slate to him that it is the purpose of the Government, if it be ascertained that he testifies fl. Peyton, Creighlon, Neb. BURLINGTON k MISSOURI RIVER RAILROAD COMPANY. J. D. McFarland, Land Commissioner, Lincoln, Neb. NEVADA. None Reported. NEW MEXICO. None reported. OREGON. NORTHERN PACIPIC RAILWAY COMPANY. Cbas. B. Lamborn, Land Coramissioner/St.Paul, Minn. Hai no Local Agents. None reported. WASHINGTON. NORTHERN PACIFIC RAILROAD COMPANY. Chas. B. Lamborn, Land Commissioner, St. Paul Has no Local Agents. WISCONSIN. CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY. H. G. Haugan, Land Commissioner, Milwaukee, Wis. Has no Local Agents. CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAlt^ WAY COMPANY. Wm. H. Phipps, Land Commissioner, Hudson, Wit. WISCONSIN CENTRAL RAILWAY COMPANY. Charles L. Colby, Land Commissioner, M'.lwauket. Wis. LOCAL LAND AGENTS. W. H. Bnrtell, Colby, Wis. E. L. Swarthout, Dorchester, Wis. A.J. Perkins, Medford, Wis. G. Karpe, Butternut, Wis. Bnicker, Ludlofr& Co., PhiUips, Wis. A. D. Lunt, Phillips, Wis. D. G. Sampson, Ashland, Wis. WYOMING. None reported. UTAH. None reported. Are You Interested in Mines? THEN YOU NEED Copp's List of Patented Mines, Which gives names of 10,000 mining claims, patented from July, 1866, to January, 1886, arranged by States, Territories, Counties and Districts. Mine? Do You Think of Investing in a Examinc'this book to see if your Mine is patented. Capitalists will save themselves much annoyance and considerable money by refusing to buy unpatented mines. It is better to advance a few dollars to the owner, to allow him to secure title, than to be troubled by a lawsuit, more or less ex- pensive, after buying an unpatented claim. ARE YOU A SURVEYOR? This book will be of considerable service to you, as in addition to the lists, it contains full instructions how to restore lost and obliterated corners of the public surveys. PKICE, ONLY 50 CENTS. Address, SJENRY N. COJPI*, Washington, JO, O. IMP§miT TO AiRICM HEIKS. i®^ 35,000 TV.4.]>XEJ^. -^5gr Send 10 cents in postage stamps and secure a pamphlet giving 25,000 names of Soldiers, Widows and Children, to whom Military Bounty Land Warrants have been issued, which warrants are still outstanding and unlo- cated. If these Warrants can be found, they are worth from $50 to ;^2oo. If lost and their owners can prove loss, duplicate Warrants will be issued by the government, vhich duplicates are of equal value with the originals. ^X^E ^^OXJ IlVTJEIiESTEI) •? Was your father, uncle, grandfather, or other relative a soldier in the War of 1812, the War with Mexico, or in any Indian War prior to March 3, 1855? If so, you can afford to invest 10 cents on the possibility of find- ing his name in this long list of 25,000 persons. JJ200 may be awaiting you as a result. Address, HKNRY N. COPP, -Washington, D. C. Is Your Title Defective ? Do not rest secure until patent issues for your land. 500,000 patents await delivery. A Receiver's receipt does not convey legal title. It is only good against no better tide. Do not buy of private parties, land in the public land States and Territories, unless a patent can be shown. Errors frequently occur in making out entry papers. The land you think yours may be sold to some one else who will take your improve- ments or make you pay dearly. To avoid delay and bother in getting evidence, your entry papers should be examined by a skillful person as soon as they reach the General Land Office. $5.00 will cover this examination. If your entry papers get into the defective files, it will probably be years before a patent can issue. Parties who believe they have an interest in any old land claim can have the matter investigated. Have you a Bounty Land Warrant, or a Soldier's Home stead Certificate, or any other land scrip or warrant you wish to sell? Do you wish to buy warrants or scrip for a particu- lar purpose? A fair interest will be given any person who can learn of a specially good opportunity for locatmg scrip or warrants on townsite or other lands, or on mineral lands where the mining laws do not apply. Address _ ^^•^^.-^ HENRY N. COPP, Attorney and Counsellorat-Lim. WASHINGTON, D- C. Special attention given to Homestead Claims and Con- tests, Pre-emption and Timber Culture Claims and Contests Townsite Contests, Railroad Contests, P^vate Land Claims Swamp Land Contests, and matters generally before the Land Department. FEES MODERATE. The Washington Business of Settlers and land Attorneys is respectfully soliated ]\Iexican War Pensions. Congress cannot much longer delay justice to the gallant soldiers and sailors, whose sei /ices gave untold billions to the wealth of this country thiough the immense territory they added to the National Domain. I desire the names and addresses of Mexican War veterans and widows. Claims will be considered by the Pension Office in the order in which they are presented. Parties whose names are on my list will be promptly notified on the passage of any law affecting their rights. Any person who knows the name and address of a survivor or widow, as above, may be doing a worthy person a great favor by sending same to me on a postal card. Pensions are payable lor wounds and disability incurred in die Mexican War, and to widows of such as died during, or as a result of, services in that war. Where not already paid, Mexican War soldiers and sailors and heirs can secure three months extra pay. There are many survivors, and especialy widows of soldiers of the war of 1812 in the South and Southwest, who can, on proper appUcation, receive an annual pension of ^96.00. Proof of loyalty is not required. Thousands are Entitled to Bounty. Bounties ranging from ^loo to I400, according to service, will be secured to soldiers dis- charged for wounds, rupture, or other disability, or in other cases, where it has not already been received. Note the table of bounties in the Manual. CERTIFICATE OF DISCHARCE. Soldiers who have lost their discharges should secure certificates of discharge from the War Department. The proper affidavit will be furnished by me on application. These cer- tificates are useful as proving an honorable discharge, for securing employment, obtaining ad- mission to military societies, etc. VETER-A.1T MirSTER. Every soldier, who after sening over nine months, was discharged and thereafter enlisted as a recruit, should have his case investigated. If entitled, he can secure the veteran bounty. Certain relatives are entitled in case of death. RATIONS AND CLOTHING. Soldiers, or their heirs, who were confined as prisoners of war, are entitled to 25 cents a day for the time actually so confined. Clothing accounts will be settled at the rate of $4$ a year in cases where due. Sailors on vessels that captured prizes, are entitled to their share of the sum distributed. SOLDIERS' .HOMESTEADS. Soldiers east of the Mississippi, or elsewhere, who desire to enter public land under the homestead or other land laws, should purchase Copp's Settler's Guide ; price 25 cents. It will save them time and trouble. CLAIMS A© miMST THE GOYEBMMEMT. If you believe you have a just claim against the Government, do not delay. Write at once to ATTORNEY- AT-LAW, WASHINGTON, D. C. OF VOLUNTEERS. Attention is called to the Act of Congress, ( p. 49) granting pay to Connnissioned Oincers of the Volunteer Army, from the date when they entered on duty in the rank of their Com- missions ; or if the officer was a prisoner of war, or in hospital at the date of such commission pay is allowed from the date of such commission. It makes no dilTerence wliether the com- mission was ever received or not, or whether the officer was ever mustered; but if the com- mission bears a certain date, the command must at that date have been of such a number as to entitle it to an officer of the grade so commissioned. On application of interested parties, I shall be pleased to forward ncccssarj- blanks and documents, and take charge of their cases before the proper department. Pensioners can be re-rated to correspond to their commissions under this law. Soldiers who have been charged with desertion will read attentively the recent law of Congress ( p. 49 ) which removes such charge in the cases specified below. 1. All soldiers who served until May i, 1865, but left their commands after tliat date, provided that, at their departure, their commands were not in the presence of the enemy. 2. All soldiers prevented from completing their term of service by reason of wounds re- ceived or disease contracted in line of duty, and on this account absent from their commands at the day of muster out. 3. All soldiers who left their commands without leave, but voluntarily returned within a reasonable time. 4. All soldiers who absented themselves without leave from furlough, and died from wounds, injuries, or disease contracted in line of duty. The benefits of this act are limited to soldiers who served six months. If the soldier is dead, the charge of desertion will be removed and an honorable discharge issued to his heirs. In nearly all cases where the charge of desertion is removed under this act, pay and bounty will become due. Pension claims, suspended or rejected for want of discliarge, can be reopened and successfully prosecuted. Claimants should apply promptly, as applications are considered in the order in which they are filed. * LOCAL PENSION ATTORNEYS. For the benefit of local pension and claims attorneys, I can furnish the necessary blanks used in prosecuting claims before the government departments. The average cost is 2 cente each, or 10 cents a dozen. Liberal arrangements made with local attorneys for the prosecu- tion of any Washington business. LATEST. CHEAPEST. BEST. SOLID REASONS FOR BUYING THIS BOOK: IT HAS THE nEST INDEXES. IT IS THE CHEAPEST. IT HAS NO SURPLUS VERBIAGK. IT CONTAINS DR. RAVMO.ND'S GlOSSARY. IT EXPLAINS HOW TO EXAMINE MINING TITLES. IT CONTAINS NUMEROUS COURT DECISIONS. IT GIVES THE PUBLIC LAND commission's CODIFICATION. IT HAS THE NEW RULES OF PRACTICE. IT CIVES MANY AND IMPROVED FORMS. oo:e^i=^='s Laws, Forms, Instructions and Decisions, TWft FDITinV^ • 1 ^ULL LAW BINDING, EXTRA PAPER, 67(5 PAGES, ONLY $8.00. lYYU JjlJillUi\0. ^g^LF LAW BINDING, MEDIUM PAPER, 676 PAGES, ONLY $4. The list of Names occupies 15 (not 3^) pages. The Index 35 pages, double columns, or 70 (not 12^2) pages, single columns. Under Adverse Claim (and Claimant) are 83 references in the Index ; under Appl. for Patents are So references, Patent 74, Location 87 , Survey 91, and under other captions the references are proportionally numerous. The valuable matter contained in this book could easily have been spread to occupy 1000 pages; but it has been condensed into 570 pages, thus saving much expense, and considerable time and bother in finding what is sought. The Interior Department has purchased sixty copies, and each Land Office in the mining regions has been supplied. You are referred to the nearest Register and Re- ceiver, and to the U. S. Surveyor-Gent- ral. ''^^''" HEHBY N. €OFP, WASHINGTON, D.C. ->l^E7^D•^Tf^E•^'F^BIxE•^GR•^ceJ^['FEjy'F3.4• fart /—Laws. United States Revised Mining Statutes, with extracts from the Uws of 1866. 1870- »nd 1872, following appropriate sections ; Laws of 1S66 and 1870 in full, for reference ; A table of par, «llel reference of Laws and Revised Statutes, Acts of Congress, in full, of February 18, 1873, March i 1873, Jnne 6, 1874, February 11, 1875, May 5, 1876, Januarj' 22, 1880; Sutro Tunnel Law ; Timber- cvtting Law : limber and Stone Law ; Saline Law, and Coal Laws of 1864, i355, and 1873. Part ll—J.nnii OJjficr Regulations, a. General Circular of Instnictions ; .'•, CircuI.Tr of July 15, 1873, defining valuable deposits and rock in pl.ice ; c. Circulars relative to hearings ; d. Circulars rela- tive to surveys ; *. Circulars relative to annual expenditures; /". Stone and 'limber lands; ^f. Saline lands and Salt deposits ; A. Coal land regulations. Part llf—Land Office Ku/ivg-s. a. All the imporuiiit rulings under the general laws, chronolog- ically arranged, (some 300 paf;es.) This is the best arran>;emeiit. All the decisions under the law of 1866 are brought thereby together, and, as the majority of decisions embrace two or more subjects, no other arrangement can prove satisfactory. A good index will refer the inquirer to all rulings upon a given question, b. Saline lands and salt deposits (four p.-iges) : c. Coal lands (ten pages). In preparing these rulings, surplu.s verbiage has been omitted, iiy ; c. i\ew Rules of Practice, approved by Secretary Schurz, to take effect Keliru.iry i , 18S1 ; d. Full instructions how to examine a mining title. This valuable feature will be appreciated by lawyers, csi>ecially those who have lately located in mining coininuiiilies ; e. The Public Land Commission's Codification re- lating to mineral lauds. It contains numerous references to Court and Laud Uepartmeut decisions MuUr each •ectioo. Interesting to Mine Owners and Attorneys. Henry N. Copp^ Attorney and Counsellor-at-Law, WASHINGTON, D. C. Sj)ecial attention to Mineral Land Entries and Mining Contests hefove the General Land Office and the Interior Department. I^EES jMOOEIiATE Suspended entries investigated. Old cases and contests called up and decisions procured. Patents obtained on all classes of Mineral Land Entries. Application papers, surveys, and entry proofs, examined and defects cured. Arguments prepared in contests between agricultural and minerardaimants ; between placer and lode claimants; be- tween miners and town-lot owners ; between miners and rail- road, private grant, and other opposing claimants. For five years Examiner of Mining Claims and Contests in the General Land Office, and Acting Chief of Division Publisher of Copp's U. S. Mining Decisions, (1874: Copp's Hand-Book of Mining Law, (1877.) j.^. ^^^^^E*f ' Copp's U. S. Mineral Lands, (1881,) (second edition, 1882 ;) and Copp's American Mining Code, (1881 ;) and several other works on Public Land Law. . ur u ^ Proprietor and Editor of Copp's Land-Owner, established in 1874. YOUR BUSBSMESS IS SOLICITED. Have You Anij Buginegg in Waghinflton? HENKY :K. COPP, yittorney and Counsellor at J^a^ Attends to All Business and Claims Before the Executive Departments, the several Commissions, Congress, and the Courts. Twenty years' residence at the National Capital, and a wide and per sonal acquaintance with officials and clerks. FKES MODERATK. Special attention given to obtaining Patents for Inventors, and to Lr and Mining Claims and Contests. BUREAU OF INFORMATION. In my employ are several clever young men who will be glad to furnishi information to parties at a distance who desire to know the salary or emol- uments of any particular postmaster or other official. They will also examine any of the Government archives, to which access is had; search for any pamphlet, report, or other publication; and copy extracts from books or documents in any of the special or Congres- sional libraries or Departments or offices that may be desired. Parties wishing to secure appointments in the Army, Navy, or Diplo- matic service, as well as in the Civil service, may be abloca,>n. and .Cd- tog lodes, placers and water claims, w.th m.ners hens, & . ,ro.l For.aMn,locatlo„sand.heseveralproors,.le„s,.ond,n.n„„cetodeUn,»nt co-owners, ^. H 2 "^- YC 26782 OF THE UNIVERSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA ^ C^Jf rr^ ^^^r vxv ^itt>i»f«>'s, ~/y t i ^/ I I v\" . -^-jv^jfr^ yy K=^?*~?9S