Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-04-30
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1snporfanf Information FOR SCI
tiers,
Ccnciso statement Of Land Laws and l1u-
iIngs--iIow 20 Proceed under the Pre-
empilon aud Homestead Acts.
For the benefit Of settlers on public
lands under the pre.emption and home
stead acts, we publish the following
rulings and decisions, which must be
observed by all persons who wish to
avail themselves of the benefits of the
above laws.
The pre-emptio0 act of September
4, 1s41, provides that "every person
bong the head of family, or widow,
OR Single man over the age of twenty
one years, and being Il citizen of the
United States, or having filed decla-
ration of intention to become a citi-
zen, as required by the naturalization
laws," is authorized to enter at the
Land Office 100 acres of unappropria-
ted Government land by complying
with the requirements OF said act.
Where the tract is "ofered" the
party must file bis declaratory state
ments within thirty days from the
date of his settlement, and within one
year from the date of said settlement,
must appear before the Register and
Reeeiver, and make proof Of his actu-
al residence and cultivation of the
tract, and pay for the same with cash
or Military Land Warrants. When
the tract has been surveyed but not o.
fered at public sale, the claimant must
5iI4Within three months from the date
'ek kasttlss-.e.,t, aud msslso I,rVUf anu
payment before the day designated in
s.hePresident's Proclamation Offering
tholands at public sale.
Should the settler, in either Of the
above class of cases, die before estab-
fishing his claim within the period
limited by law, the title may be per-
fected by the executor or Rdministra-
Tor, by making tho requisite proof of
settlement and cultivation, and pay
ing, the government price; the entry
TO be made in the name of "the heirs"
Of the deceased settler.
When o person has filed his declar-
tory statement for one tract of land,
it is not lawful for tho same individu-
alto file a second declaratory state
ment for another tract of land, unless
the first filing was inUalid in conse-
qnence of the land applied for not be-
ing open TO pre-emption, or by deter
mination Of the land against him, in
case of contest, or from any other sim
liar cause which would have prevent
ed him from consummating a pre-emp-
ton under his declaratory statements.
Each qualified pre-emptor is per
mitted to enter 100 acres of either
minimum or double minimum lands,
subject to pre-emption, by paying the
Goyernment price, 81 rs per acre, for
the former class of lands, and 81 so
per acre for the latter class.
Final proof and payment cannot be
made until the party has actually resi-
ded upon the land for a period of at
least six months, and made the neces
sary cultivation and improvements to
show his good faith rs an actual set
tier. This proof can be made by one
witness.
The party who makes the first set
flcment in person upon a tract of pub
lie land, is entitled to the right of pre-
cmption, provided be subsequently
complies with all The requirements of
the law-his right to the land com
nencos from tho date he performed
the first work on the land
When person has filed his declar-
atory statement for n tract Of land,
and afterwards relinquishes it to the
Government, he foneits his right to
file again for another tract Of land.
The assignment of q pre-emption |
right is null and void. Title to public !
land is not perfected until the issuance
Of the patent from the General Land !
Office, and all sale and transfers prior |
TO tho date of the patents, are in vio-
lation of law.
Tho act of March 9th, 1854, pro- |
tects the rights of settlers on sections !
along the line of railroads, when set |
tlement was made prior to the with
drawal of the lands, and in such case |
allows the lands TO be pre-empted and |
paid for at 81 25 per acre, by furnish
ing proof of inhabitancy and cultiva-
ton, as required under the act of Sop
tcmber 4, lS41.
The Homestead act of May 20, |
1862, provides "that any person who
Is tho head of a family, or who has
arrived at the Of twonty-one years
and is a citizen of the United States,
orswho shall have filed his declaration,
Of intention TO become such, as re-
quired by the naturalization laws ofl
the United States and who has never
borne arms against the United States
6overnment or given aid and comfort
10 It's enemies" shall be entitled to en-
ter one quarter section or n less guam
tity of unappropriatod public lands.
Under this act, 100 acres of land
subject TO pre.emption at 81 Is per
ncre, or so acres at 50 80 por acre,
can be entered upon application, by
affidavit "that he or she is
the head ofa family, or is twenty-one
years of age, or shall have performed
service in the army or navy of the
United States, and that lv hos novor
borne arms against the Government
Of Che United States, or given aid and
comfort to its enemies, and that such
application is made for his or her OK
clusive use and benefit, and that said
entry is made for the purpose of actu-
d settlement and cultivation, and not
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