The Superior times. [volume] (Superior, Wis.) 1870-1912, 1879-06-21
The New Homestead Law.


We publish the following rulings by
the general land commissioner upon the
recent new homestead law They are OF
general interest:
REGISTERS and receiUers of United States district
land offices.
GENTIEMEN-I have to 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 3, 1879.
/. That act provides that from and after
its passage "the even section within the
limits of any grant of public lands to any
railroad company, or to any military fean
company, or to any state in aid OF any rail-
road or military road, shall be open to set
tiers under the homestead laws to the extent
of 100 acres to each settler" thus doing away
in this class of entries with the distinction
between ordinary minimum and double mln-
imum lands, or lands held at $1.25 per acre
and lands held at $3.50 per acre, which had
existed under section 2,289 OF the revised
statutes of the United States, so Tar 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 TINS
provision to the act so far as to embrace any
double minim um lands which may be found
grants for any other description of pubic
works. 1t must be held to be imperative
| in any case 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 Ease 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 2,238.
| 2. The act further provides that "any per-
son who has under existing 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 additional
eighty acres adjoining the land embraced in
his original entry, if such additional land be
subject to entry" without payment OF fees
and commissions, aud that the residence
and cultivation of such person upon and of
the land embrace 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 five
years. residence required by law, with the
proviso, however, that in no case shall patent
issue until the person actually, and in con-
formity with the homestead laws, occupied.
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. and 2. You will then, if you
find his original entry to be intact on your
records, whether patented or not, and if no
objection appears in any respect allow the
entry applied for note the same on your
records, giving it the proper number
in the regular homestead series, and
report it with your monthly home.
stead returns, indicating its char.
acter as an additional entry under said
act on the margin of the monthly abstracts
with a reference to the original entry by its
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 therefrom to the
additional entry tract in order to make 9
new residence on the latter, as the two
| forming one body of land, residence on
either will be regarded as satisfying the
legal requirements, but in making final
proof in the additional entry the party must
show such residence, with occupancy and
| cultivation of the tract taken as additional
under said act, for five 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.
g. The act further provides that, if the
person so elect, he may, instead of making
an additional entry, surrender his existing
entry to the United States for cancellation,
and thereupon be entitled to enter lands
under the homestead laws the same as if
the surrender entry had not been made
with the same provisions, as regards fees
and commissions not being required, and
requiring settlement and cultivation, occu.
patton and residence, as have been already
stated with regard to additional entries.
In case of any party electing to surrender
his entry under this act, you will receive
his REIMBURSEMENT, which shall specify for
what purpose made, and be accompanied
by the duplicate receipt issued for the
relinquished entry, or by statement under
oath showing good reason for its absence,
report the case in a special letter to this
office, and await instructions before pre-
ceeding further in the matter. Existing
regulations will be observed as to the man.
ner of executing Accomplishments.
Very respectfully,
j. A. WILLIAMSON, Commissioner.