Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1879-05-21

and approved March ), 1879, granting
additional rights to homestead settlers
on public lands within railroad limits.
AS the matter is one of general interest
we give the instructions in full, with
the accompanying forms:
| DEPARTMENT OF THE INTERIOR,
| GENERAL LAND OFFICE, March "a, 1879.
Registers and Receivers Of q. y. District
Land Offices:
GENTLEMEN:-Ih have to call attention
to the provisions Of the act of congress
entitled "an act to grant additional
rights to homestead settlers on public
lands within railroad limits" approved
March 3, 1879.
First-That act provides that from
and after its passage "the even sections
within the limits of any grant of public
lands to any railroad company, or to
any military road company, or to any
state in aid of any railroad or military
rood, shall be open to settlers under the
homestead laws to the extent of one
hundred and sixty acres to each set
tier" thus doing away in this class of
entries with the distinction between Or
binary minimum and double minimum
lands. or lands held at 1.25 per acre and
lands held at $3.50 per acre, which had
existed under section 2,299 Of the re-
vised statutes of the United States, SO
far as the double minimum lands may
be found in even sections within the
limits of land grants for railroads or
military roads. But congress has not
seen proper to extend this provision of
the act so far as to embrace and double
minimum lands which may be found
in odd-numbeTed sections or in the
limits ofgrants for any other description
Of public works. 1t must be held to be
operative in any case where the even
sections are granted and not reserved.
You will observe the change in the
law, as above noted, III future proceed
ings respecting entries under said Sec
ton 2,289 Of the revised statutes; OBJ
serving, however, that the commissions
are in all cases to be computed on the
cash price of the land under the third
and twelfth subdivisions Of section
1888.
Second-The act further provides
that "any person who has under exist
ing laws taken a homestead on any
even section within the limits of any
railroad or military road land grant,
and who by existing laws shall have
been restricted to eighty acres, may
enter under the homestead laws an adj
ditional eighty acres, adjoining the land
embraced In his original entry, if such
additional land be subject to entry"
without payment of fees and commits
sions, and that "the residence and cul-
tivatlon Of such person upon any Of
the land embraced in his original entry
shall be considered residence and cult
walton for the same length Of time upon
and of the land embraced in his addi-
tional entry, and shall be deducted
from the five years residence required
by law, with the proviso, however, that
in no case shall q patent issue until
the person has actually, and in conform
ity with the homestead laws, occupied,
resided upon and cultivated the land"
embraced in his additional entry, sat
least one year."
Upon any party proposing to enter
an addition tract under these provi-
sions you will require him to make
HON estead application and affidavit &C
cording to annexed forms, Nos. l and
p. You will then, if you find his origi-
nal entry to be intact on your records,
whether patented or not, and if no OBJ
lection appears in any respect, allow
the entry applied for, note the same on
your records, giving it the proper num-
Der in the regular homestead series,
and report it with your monthly home
stead returns, indicating its character
as an additional entry under said act on
the margin of your monthly abstracts,
with a reference to the original entry
by it's number and the description of
the land. The money column in the
abstracts will of course be left blank,
since there will be no fees and commits
sions paid.
In this class Of entries the party, if
still resident on the original entry tract
will not be required to remove there
from to the additional entry tract in or
der to make new residence on the lat
ter, as the two forming one body of land,
residence on either will be regarded as
satisfying the legal requirement.; but in
making final proof on the additional
entry the party must show such resi-
dence, with occupancy and cultivation
of the tract taken as additional under
said act, for five years from the date of
entry thereof, less the time to be deduct
ed, on account of the cultivation On the
original entry, which shall not exceed
four years IN any case.
Third-the act further provides that
should the person so select he may, in
stead of making an additional entry,
surrender his existing to the United
States for cancellation, and thereupon
be entitled to enter lands under the
home stead laws the same as ii the sur
rendered entry had not been made with
the same provisions, and regards fees
and commissions not being required,
and requiring settlement and cultiva-
ton, occupation, and residence, as have
been already stated with regard to addi-
tional entries. In case of any party
electing to surrender his entry under
this act you will receive his relinquish-
ment, which shall specify for what pur-
pose made, and be accompanied by the
duplicate receipt issued for the relin-
pushed entry, or by a statement under
oath showing a good reason for its alb
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