The union Democrat. [volume] (Sonora, Calif.) 1854-1946, 1871-03-04

The original homestead act Of May %,
1862, gives to every citizen. and to those who
have or may have declared their intentions to
become such right to homestead of loo
acres out of any surveyed lands.
To obtain such homestead the party must
file with his application, at the General Land
office at Washington, an affidavit before the
Register or Receiver of the district in which
be makes his claim. that he is over twenty
one years of age, or the head of family, a
citizen OF the United States, or has declared
his intention to become such, and that the
entry is made for his exclusive benefit and
fer actual settlement and cultivation. The
affidavit may be made before the Clerk OF
the Court Of his county. when he is unable to
attend at the District Land-oiice.
BY an amendatory act OF March, 1854.
persons in the military or naval service are
not required to attend at the District Office
when the party family or some members of
it are residing on the land, and on which
bona fde Improvement ani cultivation has
been made. The officer commanding NAV
take the affidavit in such eases. and the wife
or other member of his family may file it
with the register with the homestead appli-
cation
The act of July. 1870 so far modifes the
original act es to allow officers, soldiers and
sailors, who have served ninety days, and
remained loyal. to enter LOO acres instead OF
so acres of the double minimum lands THAT
is. lands at - so per acrel. Actual settle
ment and cultivation are in no case dispensed
with. Special atidavits are required in such
cases. ANY alien who has served In the army
ornavy, and been honorably discharged need.
not have declared his intention to become citi-
zen before perectng an entry OF homestead.
The commissions aud fees charged TO o set
tier Oh loo acres minimum Isl 25l land
amount to SlS-to wit :: a commission of 81
when entry is made, 81 when certificate is
issued, aud SO fees when entry is made.
On 50 acres half these rates on 40 acres, 50
on the two commissions and s. in fees. 1t
costs the same to enter 50 acres of the arabic
minimum 80 SOY land or 100 acres of the
minimum land and for 30 acres of the form
err the same as for 50 acres of the latter.
Under the act of March, 1870, officers, sol
diers ard sailors must pay 500 in fees and
commissions to get 100 acres of the 50 so
land. These fees and commissions are paya-
BILE in Michigan, Wisconsin. Iowa, Missouri,
Minnesota, Kansas. Nebraska, Dakota, Ala
hama, Mississippi, Louisiana, Arkansas and
Florida.
In California. Nevada, Oregon, Colorado,
New Mexico. Washington, Arizona, Idaho,
Utah. Wyoming and Montana the fees and
commissions are higher than the above rates,
TO wit: 800 for leo acres of cormon land ;,
Sll for 80 acres; and 500 for 80 acres of the
g 50 land and Sll for 40 acres.
By act of June. 1866. public lands in Ala
hama. Mississippi, Louisiana, Arkansas and
Florida are subject to disposal only under the
Homestead laws
On payment of the fees and commissions
the Receiver issues duplicate to the claim
ant, which enables him to obtain certificate
from the Register of the Land Office, on proof
of having resided on the land FIVE years, and
that the application is made within two years
after the expiration of the FIVE years resi-
dence. The Receiver and Register are re-
quired to make return to the General Land
Office at Washington. The certificate entities
the claimants to patent for the homestead
Final proof must be made within two years
after the expiration of FIVE years, and it must
be made by the party in person at the district
land office, except in case of physical disabi!i-
tv, distance. or other good cause. proof nav
be made before any officer authorized to adj
minister oaths and the affidavit must state
the reason, the credibility and responsibility
OF the witness must be certified nv the magis
trate taking the oath. and his official charac-
ter must be authenticated under seal.
Where homestead settler dies his widow.
and, in case Of her death, his heirs may prove
up and obtain patent. When both parents
die before the expiration of FIVE years. leav-
ing infant heirs, the homestead may be sold
for cash for the benefit of the heirs, and the
purchaser can obtain the title from the
United States. The sale of homestead
claim, except as above. is worthless.
The act of July, 1870. gives to soldiers and
sailors quarter sections of land along the lines
of railroads when the alternate sections are
reserved for sale at 60 so per acre. They
are only subject to the fees and commissions
as above given. Mineral lands everywhere
are excepted from homestead settlement.
None but soldiers and sailors are allowed free
homesteads out of lands reserved along the
railway lines.