The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1874-12-11
GOVERNMENT LANDS.
Land Office Decisions aud Instructions
Important Information to Settlers
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OF FINAL, PROOF.
The Land Officers at Sioux City publish the
following, showing that final proof is not Obga-
tory until the expiration Of seven years from the
date Of settlement:
among homesteaders, Judging from the nuner-
GUS inquiries received relative to it, that there
making it obligatory for llomesteaders to make
final proof at the expiration of five years.
We ask to correct such impression through the
been no change 81 the law in reference to the
time Of making final proof And that, while
homesteader may make final proof after five
allows him the privilege Of making it at any time
within seven ycarsfrOm the date Of his homestead
receipt.
IN CASE OF CLAIMANTS INSANITY.
The Commissioner of the General Land Office
has decided follows, in case OF tile insanity Of
a homestead claimant:
Upon proper evidence of a homestead claim:
entry will not be contested on the ground Of
be appointed by ths proper court WHO viii, on
presenting acceptable final proof, secure patent
in the name OF the insane claimant.
MARRIAGE AFTER pRE-EMpT1oH FILING.
The Commissioner has decided and the Sccre-
tary Of the Interior has affirmed the decision,
that q woman cannot make entry under the pre-
emption laws, if she marries after filing, as
A woman being the head of a family having
filed for tract Of public land and subsequently
under the pre- emption laws She not then being
the head Of a family.
VOLUNTARY REIMBURSEMENT.
A voluntary REIMBURSEMENT by a homesteader
has no more effect than default at an examin-
alton.
HOMESTEAD ENTRY COVERS TRACT.
While a tract is covered by homestead entry.
uncanceed, it is not bjcct to Their pre- -enptiOn
filing or homestead entry.
DISCRETION BY HUSBAND.
A married woman who has been deserted bv
her husband can make homestead entry and
upon full compliance with the requirements of
the homestead law secure u patent for the land
III her own name notwithstanding her husbands
return.
MARRIAGE AFTER HOMESTEAD FILING.
A single woman who makes an entry under the
homestead laws does not forfeit her rights by
marriage. provided requirements as to settlement
and cultivation are complied with.
CANNOT COMMUTE IN PART.
The Commissioner nm, writes, in case of partial
You will please inform him that a homestead
cannot be commuted in part, h1t must he; if at
days in which to pay for the remainder.
AFF1DAv1Ts TO OBTAIN HoMEsrEADs
The foowins instructions are from tile Gener-
al Land Office
To- +: obtain hcneste3ds. the party must, in con,
before the register or receiver that he is the
age OF tWenty.one, or the head Of faml. tlpt
he is 4 Citizen of the United States, or has de-
clared his intentions to become such, and that
the entry is made for his exclusive use and bene-
fit; "a; and for actual settlement and cultivation.
ment on the land he desires to enter but is pre-
vented by bodily infrmity, distance, or other
good cause from personal attendance at the dis
trlct land Office, the affidavit may be made before
the clerk OF the court for the county within which
the land is situated.
DEcLARATokY STATEMENTS AND TIMBER FILING.
The commissioner writes as follows to the
Grand Island Land Office
Homestead declarations must in all cases I've
filed by the soldier in person or by his duly all-
thori agent, and they should be rejected when
recelvec by mail or i'll any other manner than tile
Local officers arc not allowed to enter land un-
der the timber culture act of March 5, 1873.
SWAMP LAND.
ma letter, dated March 20, 1871, to the Register
and Receiver at New Orleans, Ia., the commits
sioner OF the General Land Office decided that 4
person who makes homestead entry cannot be
allowed to renquiSh it and make another be-
cause he found the land different from what he
S%% ,s It nrGp ert3" IN" nas
embraced in Il homestead entry said entry will
he cancelled and the party may make another
entry with the first payments to his credit
DECISION AS TO MINORS AND GUARDIANS,
Commissioner Burdett writes as follows in an
d
III reply to your letter OF the 18th ulimo relative
to the rights Of m nor orphan child Of deceased
Union soldier under the soldiers and sailors
homestead act Of June g l>72 have to refer you
to article 2, Of instructions explanatory OF said
act as found on page y Of circular Of August 80,
CURED to reside in person upon the land entered
Dy him i'll behalf of his ward, but the child must
reside thereon for such period as the case may
require. Improvements and cultivation or the
land may he made by the guardian or some party
authorized by and acting for him.
SOLDIER PROOF.
A homestead settler under act of June 8, 1872.
may make proof at such time as his period Of
| actual settlement and cultivation not less than
one year, added to his term of military service
will make five years. After the party has COM
pleted the term OF five years, us above described,
the further residence upon his homestead is not
required by law to entitle him to patent, pro-
vidcd satisfactory proof Ike made within seven
years from date Of entry.
INsUFFICIENCY OF CULTIVATION.
Tie Commissioner writes to the Land Office 1T
Grand Island, Nebraska
In reply have to state that your action in re-
jecting said application is approved by this Office
as the erection of a sod house and cultivation Of
one quarter of all acre OF land dies not show that
good faith in complying with the requirements
OF the statute requisite in committing a home
| stead entry. The papers forwarded are herewith
returned.
MINOR WHO RELATIONSHIPS NOT ALLOWED TO
MAKE SECOND ENTRY,
The Commissioner writes as follows in answer
to question from Elk Point. Dakota
Referring to your letter Ut the Goth of February
have to state that It is held by this Office that
Thomas Thompson who made homestead entry
| sequently renquished the same, thereby ex.
hauSted his rights under the homestead act and