The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1870-02-10

act he owns and lives upon as his
.ieiual farm. Actual residence on the E
act entered ss, an "adjoining farm" is
Of required. but bona .fele improve
Ieut and cultivation Of it must be I
hown for FIVE years. i
The right to . tract OF land under the
homestead act commences from the date
{ ontry 10 the land Office, and not II
rom date Of personal settlement as in
ase'of presumption.
When party makes On entry under
be homestead act, and thereafter, be-
ore. tho expiration Of Eve years, makes
satisfactory proof Of iahabitancy and
and pays for the tract un-
Ter the 9Th section Of said act, it is
,eld to he contamination of his home
tead right, as the act allows, aud not a
presumption, and will b. no bar to che
same party acquiring a presumption
right, provided he can legally show
his right in virtue Of actual settlement
and cultivation of another tract ut q
PERIOD subsequent to his proof and
payment under the sth section Of the
homestead act.
The 81 section Of the act Of May 20,
1862, declares that after making proof
of settlement, cultivation, &C., "then
if theSparty is at that time citizen Of
the United States, he shall be entitled
to patent" This, then, requires that |
all settlers shall be citizens of the
United States, at the time of making
final proof, and they must file in the
land Office the proper evidence Of that
fact. before final certificate will be is
sued. >.:,:,a L
A. party who has proved up and
paid for tract of land under the pre-
elnption act, can subsequently enter
another tract Of land under the home
stead act; orA party who has consum-
mated his ri yht 70 tract Of land un-
der tho homestead act will afterward be
permitted to pre-empt another tract.
A 'settler who wishes to relinquish
his homestead must surrender his du-
plieate receipt, his REIMBURSEMENT to
the United States being endorsed there
on, If he has lost his receipt that fact
must Be stated in his REIMBURSEMENT,
to be signed by the settler. attested to
by two witnesses, acknowledged by the
Register and Receiver, or clerk or No.
tary Public using seal.
When homestead entry is contest
ed, and application is madc for cancel
lat,on, the party so applying must file
an affidavit setting forth the facts on
which his allegations are grounded, de-
scribiny the tract and giving the name
Of the settler. \ day will then DO set
for herring the evidence, giving all
parties due notice Of the time and
place Of trial 1t requires the testimo-
ny Of tuo: witnesses to establish the
abandonment Of y homestead entity.
The notice to settler that his claim
is contested must be s:rved by disir.
terested party, and in all cases when
practicable. personal service must be
made upon tho settler.
Another entry of tho land will not
b. made in case Of REIMBURSEMENT 0,
contests, until the cancellation is order
ed by the Commissioner of the Genera
Land Office.
When party has made mistake il
the description Of the land he desiret
to enter as homestead, and desires t.
amend his application, upon furnishin:
the Testimony Of two witnesses to th'
facts, and proving that he has made nj
improvements on the land described il
such erroneous entry, and that he has
within six :,ouths after such entry
made settlement as required by law Of
the land he intended to enter, sucl
amendment will be allowed, if there i
no valid adverse right to said land.
The homestead law requires settle
to mako continuous residence Of 6v
years inmcdiately succeeding his c..try
ard that no shall not change his resi-
acnce from or abandon his homcstca
for mora than six months at time
Under these requirements, if the settle
SOuuShSeS 'ilS Nv, Nal ICotoCiiCC OIl vi
homestcd during tn, first six mouth
after entry, and lives there till tho cz
piraiou Of five years after date Of cntr,
he has complied with the law on th
point. But failare 70 strictly compl
with these requirements will forfeit hi
right.
There are many cases whero til
homestead settler, though setting in goo
filth, has failed to comply with all til
requirements Of the law in which tn
Commissioner grants such relief as i
consistent with equity, in somc case
allowing the settler, ii residence wa
commenced too late, to live FIVE year
from date Of residence, provided tn
FIVE years continuous residence can b
made within years from date of entry
in some cases allowing the settler t
pay tho government price for the land
provided in all such cases there is n
valid adverse claim. Such cases ca
scarcely be said to come under an estab
lished rule, bat each depends upon it
own merits and peculiar,ties.
1t is important for settlers to bear il
mind that it requires two witnesses Il
make FINAL proof under the bomestea,
act, who can testify that the settler ha
resided upon and cultivated the trac
Tor i've years from the date Of his entry
Patents are not issued for lands un
til from ono to two years after date o
location in the District Office. No Oh
tent will be delivered until the surren
der of the duplicate receipt, unles
such receipt should be lost, in which
case ar. affidavit of the tact must b.
filed in the Registers Office, shown;
how said ,oss occurred, also that sui,
certificate has never been assigned, AM
that the owner is tho bona ,tde owue
Of the land, and entitled to said patent
Ny careful. examination OF the fore
going requirements settlers will be e..
abled TO learn with outa visit to, til,
Land ONCE, ,the manner in which the,
car. Secure and perfect. titles to public
lands nnder thc,pre-emption act OF Sep