The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1877-05-03
Circular From Department Of the Interior,
General Land Office.
WASHINGTON, ID. G.. April 4, II

WASHINGTON, ID. Z. April 4, 1877.
To Registers and heceiuers Of United States
Land Offices.
Gentlemen: ! have to call your at.
attention TO the Act of Congress appi ov-
cd March 3, 1877, entitled IAN Act TO
20 amend section twenty-five hundred
and ninety-one of the Revised Statutes,
in relation to proof required in home
stead entries"
This act provides method of making
the final proof in homestead entries, dis
pensing with the necessity that the party
shall attend at the district land office, as
required in oficisl regulations given on
page 5, subdivision II, Circular of May
IS, 1875.
The party desiring to avail himself
thereof must appear with his witness
before the Judge Of court Of record of
the county aud State, or district and
Territory, in which the land is situated,
and there make the final proof required
by law, according to prescribed forms,
" hich proof is required to DO transmit
ted by the judge, or the clerk of the
court, to you, together with the fee and
charges allowed by law.
The judge being absent in any case,
the proof may be made before the clerk
of the proper court. The fact OF the alb
scnce of the Judge must be certified IN
the papers by the clerk acting in bis
place.
If the land in any case is situated in
an unorganzed county, the statute pro-
vides that the party may proceed to
make the proof in the manner indicated
in any adjacent county in the State or
Territory. The fact that the county IN
which the land lies is unorganizcd, and
that the county In which the proof is
made is adjacent thereto, must be certi-
fed by the officer.
In any case where the final proof shall
be transmitted TO you, rs contemplated
in this act, and the full amount of mon
ey due shall be paid, you will carefully
examine the proof, and if no objection
appears, proceed to issue the receipt and
certificate in the case, and make proper
returns to this office IS the basis of
patent or complete title for the
homestead, pursuant to existing laws.
1T any objection appears, you will
promptly notify the party and advise
him of his rights in the matter.
Your attention is further directed to
an act approved the same day, entitled
"An Act for the relief of settlers on the
public lands under tho presumption
laws
Under this statute party desiring to
change his claim under a pre- emption
filing TO that of a homestead entry
should be required, on making the
change, TO appear at the proper land Of
fire, with his witnesses, and show full
compliance with the pre-emptlOn law TO
date OF such change, a. has be- etofore
been required in transmutation cases,
proof fsuch compliance TO DE forwarded
with the entry papers to this office.
When the party applies TO make final
proof, he must show continued residence
and cultivation as required by Tho homo
stead law.
In case an adverse claim has attached
TO tie land, due notice, in accordance
with Rules OF Practice, must be given all
parties in interest of the time and place
OF submitting proof in support ofthe APP
application TO make such change. The
adverse claimants will be entitled 10 the
privilege of cross questioning the APP
pliran,s witnesses and of Offering coun-
ter proof
A copy of the acts, and of certain poc-
tons OF the Revised Statutes, material
to their proper execution, is hitherto sp-
pended.
Very respectfully,
J. A. WILLIAMSON,