Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-04-30

the time being have their domicil
sell said land for the benefit of sale
infants, but for no other purpose
and the purchasers shall acquire tho
absolute title from the Government
and be entitled TO a patent,
Tho sale Of a homestead claim by
the settler to another is not recog
nized, and vests no title or equities il
the purchaser, and would be primo
facid evidence of abandonment, anC
sufficient cause for cancellation Of the
entry.
The law allows but one homestead
privilege a settler who relinquishei
%. ahandnns his claim cannot thoroaf
ter make second entry
Where party has made settlement
on a surveyed tract Of land and filed
his pre-emption declaration therefor
he may change his filing into a home
stead.
If the Homestead settler does moi
wish to remain five years on his tract
the law permits him to pay for il in
cash or military warrants, upon max.
ing proof of residence and cultivation
as required in pre-emption cases. This
proof is made by the affidavit of the
party and the testimony Of two credi
bic witnesses.
There is another class Of Home.
steads, designated as "adjoining farm
Homesteads." In these cases the law
allows an applicant oDning and residing
on an original farm, to enter Other
land lying contiguous thereto, which
shall not, with such farm, exceed in
the aggregate 100 acres. For exam.
pie, party owning or occupying SO
acres, may enter so additional Of SIPS,
or 40 acres of $3.50 land. Or if the
applicant owns 40 acres, he may enter
l20 acres at sl.25 and 40 at So. so per
acre, if both classes Of lands should be
found contiguous TO his original farm.
In entries of adjoining FARMS" the
settler must describe, in his affidavit,
the tract he owns and lives upon as
his original farm. Actual residence
on the tract entered as an "adioining
farm" is not required, but bona fde
Improvement and cultivation Of it for
five years must be shown.
The right to tract Of land under
tho homestead act commences from
date of personal settlement, as in case
of pre-emptiou.
When aparty makes an entry under
the homestead act and thereafter, be-
fore the expiration Of five years, makes
satisfactory proof of inhabitanoy and
cultivation, and pays for the tract
undor the Sth section Of said act, it is
held TO be q oonsummation of his home
stead right as the act allows, and not
a pre-emption, and will be no bar to
the same party acquiring a pre-cmp-
tion right, provided he can legally
show his right in virtue of actual set
tlement and cultivation on another
tract at a period subsequent TO his
proof and payment under the Sth sec
tion Of the homestead act.
The I'd section of the act of May 20,
1862, declares that after making proof
Of settlement, cultivation, &c, 6then
if the party is at that time q citizen
Of the United States, he shall be en-.
titled to a patent" This, then, re.
quires that all settlers shall be citizens
Of the United States at the time Of
final proof, and he must file
IN the land Office the proper evidence
1f that fact, before a final certificate
will be issued
A party who has proved up and
paid for tract Of land under the pre-
,mption act, can subsequently, enter
mother tract under the homestead
,ct. Or a party who has consumma-
ed his right TO tract Of land under
he homestead act, will afterwards be
TO pre-empt another tract.
A settler who desires to relinquish
lis homestead must surrender his du-
,lioate receipt, his REIMBURSEMENT "to
he Unltod States" being endorsed
hereon; if he has lost his receipt, that
must be stated in his REIMBURSEMENT,
o be signed by the settler, attested
~ two witnesses, ackno wledged before
he Register, or Receiver, or Clerk, or
Notary Public using seal.
When a homestead entry is contest
ID, and application is mado for cancel
alton, the party so applying must file
N affidavit setting forth the facts on
which his allegations are grounded,
describing tho tract and giving the
lame Of the settler. A day will then
'e sot for hearing the evidence, giving
ii parties interested due notice of tho
ime and place Of trial. Itrequires the
estimony Of two witnesses to estab-
ish the abandonment Of a homestead |
ntry.
Another entry of the land will not
c made in case of relinquishmont or
ontest until the cancellation is ordered |
y the Commissioner of the Gonoral
Iand Office.
When party has made . mistake
a the description Of tho land no de.
ired TO enter as a homestead, and
csires to amend his application, ho
I'LL be permitted TO do so upon fur
ishing the testimony Of two wit
esscs to the facts, and proving that
Q has made no improvements on .ho
md described on his FIRST application,
ut has made valuable improvements
n the land ho first intended and now |
pplies TO enter
II is important for settlers TO bear
] mind that it requires t,Co witnesses
! making final the proof under tho
omestead act, who can testify chat
le settler has resided upon and cult
Jted tho tract for five years from tho
ito Of his ontry.