New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-12-16
TIE aggregate ousn'ty Of surveyed lands offered,
rno.,r.d and undisposed Of on Sept. 80 1863

I nom Tue NIlf OF ftlltiDtNl AlN iNlih'i' '"t
upon uuoG,red lands sba be required 10 prove ana pS
up within two years from the date Of seiiens.I AZ -
recommended that the special md r'sTloiSu ,"iIS ~
regard 10 prcclDyOns, found in the act Oh
arproycd lime /. lS,2 establishing the land Offices Al
Colorado be repealed, aud that the lshI" % o,r''
In that Territory shall be regulated ~ u.
visions Of the pleGmptiOn acts 81 leI ana ~, n Wv
It'll section Of tie act apron ed Nai 80 leo~ 10
the expenses Of the survey and sac W tNe puuliO
Before the repeal Of he GIadugilon acl o. ,oi ,
siderable number Of entries ind ucth iauc "li -,
law in which the proof Of ectuai settlement eii '.
walton hes not been produced, aud consequent! '''!
PT tbe acf If Ccprrcs, approved March D. 1851 "to
confirm certain cniies Of land therein named orr
derod that all such entries made prior 10 sa'd hct ~
lsJs, in which The purchaser mas nlae 'S a9 w.,
and paid the purchasc.money. as required ny s'u ~
and The instructions issued end Ia oiCe anu III ihc
hands OF The register al the time Of making sad enry
are thereby lcgazed and patent SHAH Issue 10 pax
ties respectively. excepting those entries nGcr sara ~
which the Commissioner Of the General Lsnd once
may ascertain 10 have been iraudueutly or eyasnel.
The law OF 1857 operated in terms only retro
speciiyely The suspended cases under consideration
originated since the said act Of leJ Therefore recon-
mend that this law be extended 80 As TO embrace an
bona fdc entries made IrOr TO ic repeal oi tie erad
uaton Law by the 80 section Of Tie oct of June Ieo2
vol. r. page 43 OF. that power he delegated to me
board under tie acts OF 1916 and $50 to dispose oi al
such claims ON an equitable basis.
THE HOMESTEAD LAW.
The act Of Congress- approved 2Dth May. 1902 70 se
cure homestead 90 actual settlers on the pubic do
main did not 10y is terms become effective until the ls
of January lsG3 since that time it has gradually gone
ilto operation numerous questions having arisen ID s
practical bearing, and been determined
Gases arc frequently presented in which, ON unOhcicu
lands there is considerable o&cess over The quah!'
100 acres limited by tie statute Ifeaung tne nome
stead ~ not involving less liberal policy than the pre-
empiion claimants have been allowed to pay Tor sueI
excess whore tie tract is less than tho smallest oga
subdivision the ordinary minimum OF 81 - per acre
As there Is nothing in the law interdictng claimants
who are owners Of lands rs pToGrpioTs or Otherwise
from entering under the Homestead the department has
I to- go.
la the 9th elton of the law there 10 prOFso tIht
"a'l persons who may have fled their applications for
Iretmptcn rsat prior 10 TIE passage u Inn ac sH"
he entitled o. all Tire privileges oi tlis act
Two different classcs 81 pretmptoIs have applied for
tie pfYlege Of transmitting tAoir claims INTO home
stead:
First those who had filed prcgmpiion dcolaratory
statements pror'to Goth Ma. sb@. tho date ol tbs
homestead law. Tor his class The statute makes ~.
press provision. ord their rg j. unprecedented; bus
the other. OF second class are tA0se "r nave ca ar
arai.ons since tie passage Of SAID act in EeiEd 10
these ii is held that the law extends 10 such lhige
and consequently We have no legal authority loi Allow,
ing them 10 ignore tLe precmpiOn and take The land
uader The homestead That Law carefully aFoos inter.
ierng with the status az pions which or Inaled
after is passage Under the preenpoh IA" tho caina
becomes parry 10 contract With the OoNernmcit 10
pI-chHss under liberal credit, either with cash or by
iocaiion'.i.h warrant specific parcel q. land Iie
settler takes tie iustory ttep OF cling liz declcraon
tie Government wLirGws the tract rom csl-,fai 60
Cihcrs, srd holds il n state OF Isolation hi lie TO
qu!rement- OF Tie prtempton law are fully net ny proof
and egal cOnslc Grafton, whether IN chAh or Nhfhil.
Where there is iiure T. make good the title under
such circumstance. and the a. ysrtDent tacreuInh al
judges Forfeiture the lnrd Il restored = mafitI oiieI
public notice and lad open 10 4 ee competition.
A question has arisen as ~ whether An indi'ldna1
Bir aud living 81 acres Las Use night, under W,
homestead 10 take vacant contgu shcfe tract a.
60 - peg acre If not whether be can clam 10 acres a,
tie double minimum. HE first point has been ruled
negatively-ile latter sfrnatYeiy. uSayng been held
by the Department that TIE nrst section q re Hauh
Limits tie maximum quantity leo OF the mini
-. .ffs 10 Il ~
Which .obds The oTar and occupant oisaai fon &C
curing 100 acres o. adjacent land and expressly minis
Tie extent 20 30 much - added 10 that already oNhea
and occupied. would not exceed that quantity
III tie second section Of the homestead ac there IL
stipulation es IreIeGuisite 10 the ieBn l1etl,loH %
a claim that the applicant shall make AFFIDAVIT before
the sad register receiver that lie or she Is tho head
OF the family or j. ~ ar more years Of ssei OF shall
have performed service ia the army or navy OF the
United >iaica ana that H. has mover borne hilnh
against the Government 81 tie nited States or given
and comfort 70 10 iemiesi and That sloh apihce
'oa is made ioi his or her excessive Use aIo 'rAeht
and that ssid entry is mede r the purpose VI aoiuA
settlement and cultivation, ard not either directly OF
indirectly for tie Donent u any othe4 person OF
persons v honsoeycr."
As there are doubtless many citizens Of tn. CLASSES
contemplated by The statute who aro ia the military arc
naval service Of the United states nnd conseq
unable do the PER- onai nets at the district land oice
which the ag requires remedial legislation 10 recon
mendeG whereby The wlfc repese Of any klch
psrty shall have the right take The requisite pfeiim
.ory steps. with view 20 give Iega, inception tn
homestead claim in behalf Of iAe principal Who may
be In the land naval service Of the United States
IL l. further submitted that the Homestead act be 90
amended that parties entering lands under us provisions
shall paw the fol- commissions ol the Register ana 40
coiSeT WHEN tho entry is mft. Instead OF paying as
required by lc statute, on n.' 'u 81 tnd comhiS
sons al Of entry, the b4 having 20 De phia
when the lnal certificate IL i.sued at ihc end Of I'VE
years
/ The commissions now paid NJ The time Of entry arc
for 100 acres Of Al 25 lend 70 Of s. 80 land g.
and fr ICES Quantities of land IN proportion The fu
amount OF commits siOns that quantity Of land would
be e. IL f. not conceived that the additional payment
at the time Of entry ~ 50 would in anywse interfere
uh or lessen the quantity Of land which W be entered
r ,0meseods; neither ould II more than compensate
r the labor required when the application Is rendered
/ and the eHtiy made.
For the con pcnsaion Of tie Register and Receiver
for issuing the final certificate the principle established
hy tie sixth section Of the act approved ool May iS2
(Sta vol. ~ page 400. requiring fee to be phd IN
Donation csses. might bcappied 10 those clhimh w;
Ta on the issuing Of the 1nol certificate for 100 acres
n 81 25 or 70 81 81 5oand the parties be required
20 pas e a. and IN Ike proportion for Issuing GER
tifortc for Ices legal Subdivisions ~ the same ratio.
AGRIcrLTrBAL AND MECHANIC COLLEGE GRANT
by ,he act If Congress approved July 2, lat2 Con
prer has made provision for donating public lands TO
The several States and Territories which may provide
colleges Tor tie banef OF agriculture ond the mechanic
arts" Ito law authorizing the grant OF jOOU acres Tor
each senator and R,prescntniye in Congre" accord
ing to the spportionmeit BY census Of lcCO
Under this law the whole quantity which FALLS 70 the
loyal States" (occeptirg) in place, and In scrip Is
~ foliops: $1,000.
Frat In place acres. I,JOUc-thai IT, tho
States holding public land, within their limits are rc-
gnred 10 take such lands in satisfaction Of their claims
under the grant. - 80 ,
Second. In "scrip '--acres, sOcot-whlch the
States not holding public lands are to receive and dis
nose of 10 nssgnecs who may locate according to GER
lain spulationr in the oct the proceeds of sale to sub
seryo tfe purposes Of the law. ~ ,....
Tho States which had accepted prior 70 sept 80 leoJ
are the following:
IN "piase'
- ,IG Dyo Rbod. Island. ....... I2J 900
a..
g.u.ss...,....... So go S~,Wn
MIrIIrn.......... 10000 Kenncky ASVpn
IZD,lOD eIInoni lS'sD