, 1866-01-11

Circular on Abandoned Homesteads
The Commissioner of the General Land OF
Zee has promulgated the following circular
regulating cnses Of abandoned and rclinquish
ed homesteads:
1st- A settler desiring to ralinquish to tht
United States his homestead claim must sur
render his duplicate receipt, his relinquish
ment being fndorsed thereon. Il, however
he has lost his duplicate receipt, that fact
signed by the settler, acknowledged before
the register or receiver, or notary public using
seal, and attested by two witnesses.
I'd. When homestead entry Is contested,
and application is made for cancellation, the
party so applying must file IN affidavit setting
forth the facts on which his allegations arc
grounded, describing the tract and giving the
day for hearing, giving all the parties ID m.
terest notice Of the time and place OF trial.
On the day Of hearing you will distinctly
show at the caption OF the papers in the pro.
ceedings the name Of the settler, description oi
the tract, number and date OF entry. You
will then proceed with the examination OF The
witnesses. Each deposition must be signed
by the witness and acknowledged beforp sithe,
the reglster or receiver; and at the conclu.
sion OF the trial, you will briefly review the
testimony, and thereafter will transmit to this
Office al your papers, with your joint decI-
sion thereon annexed thereto, for 1lnAl deter
minAtfon.
Sd. The notice to settler that his claim is
contested, uaust be served by disinterested
party, and copy must be died, with m ALL
dayit TINT the notice has been served UPON the
homestead party, or brought home bY bin SO
as to be legal notice, such copy Of notice and
aftldAvit to accompany tho papers.
The expense incident to sueh contest must
be dcffnyed by the contestant.
dth hnnIiesffonR fnr fhp rannet1nt;ov, ~
entries TOR The reason that the settler Is dead,
must be dealt With as per Instructions in I'd
paragraph Of this circular, taking care that
The settlers death is fully esta b1tahed
5th. You will not permit another entry OF
the land to be made, whether the tract has
been voluntarily Eclnquishcd or under con-
sidcration, on the ground Of noncompliance
with the homestead law, until you have re-
ceived notice from this Office Of the cancelIs-
tion of the entry covering the same.
9Th The land covered by cancelled home
stead entries having been thereby Withdrawn
from market, you will embrace 1t IN docket
which you will keep of tracts in that condi-
cumu1ated to justify the expense Of adverti-
sing, you will report them to this Office, and,
until restored to market by advertisement
under instructions, they viii only be subject
to entry under the Presumption or homestead
laws, except where the ZANE, upon such Gnu
cella.ions being made, may tall within rail-
road limits. In such cases the odd sections
even ones treated at their proper sntabillty.
7th. The evidence Of two witnesses Is re-
quired to establish the facts Of abandonment
All cases Of the above character must be re-
ported to this office with special communica-
lions. You ore requested to acknowledge the
receipt of this circular, and enjoined arictl4
to observe Its requirements.
J. NJ. EONNNna CatNn3as1nrter.