Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1879-06-25

We publish the following rulings by
the general land commissioner upon the
recent new homestead law. They are of
general interest:
Registers and receivers Of United States distris
land Offices.
GINrIEMEN-I have 10 call attention to
the provisions Of the act of congress en-.
titled An act to grant additional rights to
homestead settlers On public lands within
railroad limits" approved March 8, 1879.
l. That act provides that from and after
it, passage "the even section 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 rail.
road or military road, shall be open to set
tiers under the homestead lawsto the extent
Of 100 acres to each settler" thus doing away
in this class of entries with the distinction
between ordinary minimum and double min.
imum lands, or lands held at $1.25 per acre
and lands held at $3.50 per acre, which had
existed under section 1888 of the revised
statutes of the United States, 20 far as the
double minimum lands may be found in
even sections within the limits of land
grants for railroads or military roads. Con.
gress has not seen proper TO extend this
provision to the act 90 far ~ to embrace any
double minimum lands which may be found
in odd-numbered sections or in the limits to
grants for any other description of public
works. 1t must be held TO be imperative
in any ease where the even sections are
granted and not reserved. You will observe
the change in the law, as above noted, in
future proceedings respecting the entries
under said section 1889 of the revised
statutes; observing, however, that the COM
missions are in all cases to be computed on
the cash price of the land under the third
and twelfth subdivisions Of section 2,23S.
2. The act further provides that "any per.
son who has under existing laws taken q
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 additional
his original entry, if such additionalland be
subject to entry" without payment of fees
and commissions, and that the residence
and cultivation of such person upon and oil
the land embr aced in his original entry
shall be considered residence and cultivs
ton for the same length of time upon and
of the land embraced in his additional
entry, and shall be deducted from the Eve
years residence required by law, with the
provis0, however, that in NO case shall patent
issue 'until the person actually, and in con.
AVLuAlty WIN tuC uVuCSbO6u l0WUs OCCuDlSOs
resided upon, and cultivated the land" EN-.
braced in his additional entry "at least one
year."
Upon any party proposing to enter an ad'
ditional tract under these provisions you
will require him to make homestead appli
cation and affidavit, according to annexed
forms, Nos. l aud 2. You will then, if you
find his original entry to be intact on youl
records, whether patented or not, and If nc
objection appears in any respect, allow the
entry applied for, note the same on your
in the regular homestead series, and
stead returns, indicating il char
acter a. an additional entry under sale
act on the margin of the monthly sbstracts
with . reference to the original entry by it,
number and the description of the land
The money columns in the abstracts will Of
course be left blank, since there will be nc
fees and commissions paid.
In this class of entries the party, If still
resident on the original entry tract, will
not be required to remove tberefrom to the
additional entry tract in order to make
forming one body of land, residence or
either will be regarded as satisfying the
legal fequiYeme nts, but in making final
proof in the additional entry the party mus
shOw such residence, with occupancy and
cultivation of the tract taken as additional
under said act, for Eve years from the date
thereof, less the time to be deducted on
account of residence and cultivation OH the
original entry, which shall not exceed four
years in any case.
8. The act further provides that, il the
person 30 elect, he may, instead of making
an additional entry, +" Surrender his existing
entry to the United States for cancellation