The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1869-11-05

law Of tho State in which such children for
the time being have their domicil, sell said
land for the benefit of said infants, but for
no other purpose; and the purchaser shall
acquire the absolute title from the Govern.
ment, and be entitled to a patent.
When homestead settler has failed to
commence his residence upon land 40 as TO
enable him TO make continuous residence
of five years within the time (sevcn years.
limited by the law, he will be permitted.
upon filing an affidavit showing sufficient
reason for his neglect, to date his residence
ut the time he actually commenced such in
habitancy, and will bc required to live upon
the land Eve years from said date, provided
no adverse claim has attached to said land,
ind the affidavit of tho settler is supported
by the testimony of disintercsted witnesses.
In the second section of tho oct of May
co. 1862, it is stipulated in regard TO settlers,
that in case Of the death of both father and
mother, leaving an infant child, or children,
under twenty-one years Of age, the right and
foe shall inurc to the benefit or the infant
child or children; and that the executor,
administrator, or guardian, may sell the land
for the benefit of the infant heirs at any
time within two years after the death of the
surviving parent, and in accordance with
the law of the Territory or State. The Com
missioner rules that instead of selling the
land as above provided. the heirs may, if
they 80 select, continue residence and cult
vate on the land for the period required by
law, at the expiration of and the time pro-
vidcd, patent will be issued in their names.
In case Of the death of homestead Set
tier who leaves widow and children, should
the widow again marry and continue her
residence and cultivation upon the land en-.
tered in the name of her first husband for
the period required by law, she will be per-
mittcd to make the final proof as the widow
of the deceased settler and the patent will
be issued in the name of Ibis heirs"
When widow, or single woman, has
made homestead entry. and thereafter mar.
ries person who has also made similar
entry on another tract, it Is ruled that the
parties may select which tract they will re.
tain for permanent residence, and will he
allowed to enter the remaining tract under
the 8th section of the act Of May 20, 1862,
on proof of inhabitancc and cultivation up
to date Of marriage
In case of the death of homestead set
tier, his heirs will be allowed to enter the
land under the 9Th section of tho Homestead
act, by making proof of inhabitancy and
cultivation in the same manner as provided
by the ID section of the act of March 8,
ls43, in regard to deceased pre- emptors.
The sale of homestead claim by the set.
tier to another is not recognized and vests
no title or equities in the purchaser, and
would be prima taeia evidence of abandon
ncnt, and sufficient cause for cancellation
of the entry.
The law allows but one homestead privil-
cgc, settler who rclinquisl,es or sbandons
his claim cannot thereafter make q second
entry.
When party has made settlement on q
surveyed tract of land and filed his prc.emp-
ton declaration therefor, he may change his
| filing into . homestead.
II . homestead settler does not wish O
remain five years on his tract, the law per.
mits him to pay for it with cash or military
warrants, upon making proof of residence
and cultivation a. required in presumption
cases. The proof is made by the affidavit
of the party and testimony of two credible
witnesses.
There is another class of Homcstcads, dcs-
ignatcd Is " Adjoining Farm Homestead"
In these classes the law allows an applicant
owning 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 example, a
party owning or occupying 80 acres, may
enter 50 acres additional Or if the applicant
own 40 acres, he may enter l20if the land
should 30 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, rs his origin
al farm. Actual residence on the tract en-.
tered Is an /" adjoiDing farm" Is not requir-
cd. but bona Jade improvement and cultiva.
ton of it must he shown for five years.
The right to tract Of land under the
Homestead act, commences from the date Of
entry in the Land Office, and not from date
of personal settlement As in case of pre-.
emption.
When party makes an entry under the
Homestead act, and thereafter, before the
expiration of five years, makes satisfactory
proof of inhsbitancy and cultivation, aud
pays for the tract under the 9Th section of
said oct, It 10 held to be contamination Of
his homestead right ~ the act allows, and
net presumption, and will be no bar 70 the
same party, acquiring pre- .cmption right,
provided he can legally show his right in
virtue of actual settlement and cultivation
on another tract Ut period subsequent to
his proof and payment under the 9Th section
! Of the homestead act -
The I'd section Of the act of May 9Qh