Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1863-01-03
Circular to the Registers and Receivers Of
Washington Territory.
GENERAL LAND OFFICE,
nctn1ar On 1850

act of Congress approved May 20, 1862, ell
titled. can act to secure homesteads to actu-
al settlers on the public domain" The priv
ileges of this law are extended to every per-
son who is the head of a family, or who has
arrived at the age of 81 years, and is citi
zen of the United States, or has declared his
intention of becoming such, and who has done
no disloyal act, direct or indirect. An excep.
tion, however, to the foregoing requirement as
to age is made in the 9th section of tho act,
in favor of any person who has served not
less than fourteen days in the Army or Navy
of the United States, either regular or volun-
tcer, during actual war, domestic or foreign.
Any person coming within the foregoing re-
quircmcnts will, from and after January l,
1868, have the right to enter one quarter sec
tion, or less quantity. of unappropriatrd pub
lie land, upon which said person may have
filed pre-emption claim, or which, at time of
application, is subject to pre-emption at ST.
% per acre; or eighty acres, or less, of such
unapprcpriatcd lands, at $3.50 per acre.
The law requires the land to be located
in one body. in conformity to the legal subdi-
visions of public lands, and after the same
shall have been surveyed"
Any person owning and residing on land
may enter contiguous land, which, with that
already owned and occupied, shall not exceed
in the aggregate one hundred and sixty
acres.
The applicant for the benefit of the law
is required by the 2d section to file with the
Register his "applcation," which should de-
sgnate the tract desired to be entered. lie
must also file his "ailidavit," to be taken be-
tore the Register or Receiver, setting forth
the facts which bring him within the require
mrnts of the law, and adding that the "ap-
plication is made for his or her exclusive use
and benefit, and that said entry is made for
the purpose of actual settlement and cultivn-
tion, and not either directly or indirectly, for
the use or benefit Of any other person or per-
sons whomsOever."
The said I'd section of tho act further pro-
vides for the issue of patent to the applicant
after five years settlement; also for the sue
ccssion in case of his death, and for the sale
of the land for the benefit Of infant heirs, but
for no other purpose.
The 81 section requires the Register to en-
ter all applications on the Tract Books and
Plats of his Office; to keep register of en-
tries, and make returns to this office with the
proof.
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under this act not liable for debts contracted
prior to the issuing Of the patent
The 9th section makes abandonment of the
land for more than six months,~ at any time
within the five years, cause Of forfeiture.
The 9th section forbids the requirement of
more than ono quarter section, by any indi-
vidual. under this act protects existing pre-
emptions. repeating the provisions Of section
in regard to prc-emptions, giving them all
the privileges Of the act; allowing the Regis
tiers and Receivers tho same compensation for
lands entered under this act which they are
entitled to when the same quantity is entered
with money, one-half to be paid by the per-
son making the application, at the time Of so
doing. aud the other half on the issue of the
certificate, to be paid by the person to whom
it may be issued. but not to enlarge tho maxi
mum compensation now allowed by law.
The 9TH section Stipulates the penalty for
false swearing.
The 6th section permits claimants to pay
for their entries at any time before the expir-
alton of five years, and obtain patents, upon
making proof Of settlement and cultivation as
required by the presumption laws.
You will accordingly be prepared, on the
LIST day of January next, to receive applica-
tions and atfidavits. forms A and Is, here
with.) The Register should test the correct
ness of the application" by his records. be-
ing careful that the tract applied for shall be
of the class and quantity stipulated by the 1st
section Of tho act, lying in one body, and COM
prising legal subdivisions and will then ap-
pend thereto his certificate of its regularity.
l. The applicant will then be allowed to enter
the tract applied for, by payingto to the Register
the $40 fee stipulated in the act and the fur
ther payment, as commissions of Register and
Receiver. OF 0ne-AaC Of one per cenA to each
upon the cash value Of the quantity Of land
applied for; the other half of the one per
cent, ms commissions to said officers, not to be
paid until the certificate is issued, when the
party obtaining such certificate is to mako
that payment.
2. The Receiver will issue Homestead Du.
plicate Receipts for each entry, form G, here.
with y one to be delivered to the applicant.
the other returned to this office. A new and
independent series Of numbers to be adoptcd
for such receipts.
g. No certificate is to be issued at the time
Of entry, nor until the expiration Of five wears
therefrom, (sec first proviso, sec. 2,) except in
the case Of sale for the benefit of infant heirs
Second proviso, sec. 81 or where payment in
t"l! is made, as provided by sec. s, in which
cases certificates must be issued.
A.. In the case Of q sale for the benefit of
infant heirs, the certificate form ID, herewith]
will issue in the name Of the purchaser. upon
evidence Of sale, made in obedience to d.
cree or order Of court having Jurisdiction
in such matters.
s. In case where full payment is pro-