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

so8y Deeoeme1t tor tract Of taods and
Afterwards relinquishes Il 70 the govern
ment, he fotfeits his right 10 6ie again
for snetler) tract Of land. E2IudI
The ~assisumsns of pss smptioS
right Is null aud void:: j Ifds to public
land is not perfected until the issuance
ot The patent from the General Land
olhoa.o., -. 80 =, n'-.:1 FiE"' ga
,o4he 'aet ef%blarss n, 1854, pro
Iee's the rights Of sstt1sas On. ssod -
s1ong the lima Of r,ihoed, vhsn settle
ment ~ made prior to tie withdrawal
q the lands, and in snch ease allovi
the ,iaad tobs pre-emptea and paid for
MA 20 per acre, BY fnraishing proof Of
iahabitancJ. and eultivatioe, md - n.
qulred undeT the ret Of September 4.
lS41, On both odd and even nuubeeed
sections. But after tie vithdrav.l Of
tho odd nu nbsred sections for railroad
purposes, only ths evea ss1bsrsd see-
tons are subject 70: prs.euPtioa With,
the limits of such xithdra1al
THIS last rule applies to Hemesteads.
% "1" sas HoxIs1EAD ACT
:. The homestead .et Of May 20, 1862,
pno,idss "that sny person who Is
the head Of . family, Or who hes srriv-
ed At the age Of Fl years, and il . cii.
yea Of the United States, or Who shah
have fled hb declantion of intention to
become such, - required By the natu.
ralizatioa, laws Of The United States, Ind
who has never borne arms against tho
United States government OF givea nd
and comfort to it's enemies, shall be en-
titled to enter one quarter section, or if
tho land is within tue railroad limits
where it is graduated to $3.50
pei. acre, eighty acres. The nax
imum amount being $500 worth of un-
appropriated land. .
OBder this act such homestead can
be entered upon application BY making
adidasit "thst he or She is the head
Of family, Or ID FL yesn Of see, OF
shall have performed setviee in The.
army Of the United States, and :thst
such application is made for his o. her
exclusive use or benefit, and that said
entry is made for the purpose Of setu-
u aettlement aud eultivation, and Dot,
either directly or indirectly, for the NJ
and benefit Of any other person OF psr-
sons whomsoever." In Fling said a&-
davit aud payment Of fees and COM
missions, the entry will be permitted.
But this law - amended June 21,
1866, provides that after Jaanasy /,
1867, the claimant is not required to
make sf6davit "that he has not borne
arms sgainst tho United States, or given
aid and comfort 70 its eosmies."
No certificate will be given, or patent
issued, until the expiration of I've
years from the date Of said entry; and
it, ut the expiration of such time, or at
any other time within two years there
after, tho person making such entry
or if he be dead, his widow Of in case
of her death, his heirs or deyisee; or in
case Of the widow making such entry,
her heirs or devisee, in case Of her
death-sh.ll prove by two crsditable
witnesses that be or she hss resided
upon and cultivate the same for the tsrm
Of five years Immediately succeeding
the date Of fling the above af6davit,
and shall make affidavit that no part Of
said land has been aliensted, and that
he has borne true allegiance to the
Government ofthe United States then
he or she, If at that time a citizen Of
the United States, shall be entitled to q
patent, hich will issue to "hhe heirs"
Of the homestead settler.
In case Of death of both father aud
mother, leaving an infant child or chill
dren under twenty-one years of age,
the right and fee shall inure t. the ben
eft Of said infant OF children; and the
executor, Of administrator, or guardian,
nay, at ary time after the desth Of the
surviving parent, and in accordance
with the law of the State in which
such chlldrea tor the time being have
their domicil, sell said land for the ben
eft Of said infants, but for no other
purpose; and the purchaser shall &C.
quire the absolute title from the Gov
ernment, aud be entitled to patent.
In the second section of the act Of
May 20, 1862, it is stipulated in re-
gard to settlers that in case of death of
both father and mother, leaving an in
FAINT child, or children under twenty
one years Of age, the right and fee
shall inure to the benefit of the infant
child or children =; and that the execu.
tor, administrator or guardian may sell
the land for the benefit Of the infant
heirs, at any time within two years af-
ter the death of the surviving parent,
and in accordance With tho Law of the
Territory or State. The Commiasione,
rules that, instead of selling the hni
as above provided, the hein may, i
they 30 select, continue residence ant
cultivation on the land for tho peIiod
required by Law, and At the expiration
Of the time provided patent will bt
issued IN their names.
In case Of the death Of homesteat
settler Who leaves 4 widow and sAil
dren, should the widow again mar,
and continue her residence and cult
vatioE upon the land entered in th'
name Of her first hu>bsod for the psrio'
required by law, she will be pssmisse'
to make final proof IS the widow: q
the deceased settler and the patent vi
| be issued in the name Of "hs helm.
When .widow, or . single wosnal
has made = homestead entry, and ther<
after marries psrson Who has als
made 4 similar entry on another tsse
it is ruled that the parties may ssle,
which tract they will retain for perm
nent residence, aud viii BE- allowed
enter the remaining tract under ths g
section Of the act of May 20, l662, Q
proof of inhabitance aud cultivation .
, to date Of marriage.
In csse of the death Of Z homeetea
settler, his heirs will 10 allowed 70 sei
ter the land under: the 9Th section ,
tho honestssd act, BY making proof
, the iohabitancy aud cultivation in Il
same manner Is provided BY the
section Of tho acs of May 8, 184S,