The Florida agriculturist. [volume] (DeLand, Fla.) 1878-1911, 1879-06-11
To HOneSteaderS.

To HOmeSteaderS.
AN ACT to Grant Additional Rights to Homestead
Settlers on Public Lands within Railroad LIMITS.
Be it enacted by the Senate and House
of Representatives OF the United States OF
America in Congress assembled. That from
and after the passage of this act, the even
sections within the limits of any grant of
public lands to any railroad company, OF
to any military road company, or to any
State in aid of any railroad OF military
road, shall be open to settlers under the
homestead laws to the extent of one hum
bred and sixty acres to each settler, and
any person who has, under existing laws
taken a homestead on any even section
within the limits of any railroad or mill
tary 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 entrv;
OF if such person so elect, he may surren-
der his entry to the United States for can
collation., and thereupon be entitled to en-
ter lands under the homestead laws the
same as if the surrendered entry had not
been made. And any person so making
additional entry OF eighty acres, or new
entry after the surrender and cancellation
of his original entry, shall be permitted so
to do without payment OF fees and commits
sions; and the residence and cultivation of
such person upon and of the land embraced
in his original entry shall be considered
residence and cultivation for the same
length OF time upon. and OF the land
embraced in his additional or new entry.
and shall be deducted from the five years.
residence and cultivation required by law:
Provided, That in no case shall patent
issue upon an additional or new homestead
entry under this act until the person has
G.. Il,
stead laws. occupied, resided upon, and
cultivated the land embraced therein at
loaSt one year.
Approved March 8, 1879.
The following are the Instructions
sent out by the United States Land
Commissioner
Dept OF THE INTERIOR, J
GENERAL LAND OFFICE.
WASHINGTON, DC, March "a, 49, J
Registers and Receivers of United
States District Land Offices
GENTLEMEN have to call your
attention to the provisions of the
above act of Congress entitled can
Act TO grant additional rights to
homestead settlers on public lands
within railroad limits" approved
March 8, 1879.
First. The act provides that from
and after its passage "the eve'a Sec
tions with 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 road. shall be open to set
tiers under the homestead laws to the
extent of one hundred and sixty acres
to each settler" thus doing away in
this class of entries with the distinc-
ton between ordinary minimum and
double minimum lands, or lands held
at $1.25 per acre and lands held at
$3.50 per acre, which had existed I'M
der section 2289 of the Revised Stat
utes of the United States, SO far as
the double minimum lands may be
found in eve'o sections within the linn
it's of land grants for railroads or
military roads. But Congress has
not seen proper to extend this pro-
vision of the act so far as to embrace
any double minimum lands which
may be found in odd numbered Sec
tions or in the limits Of grants for any
other description of public works. 1t
must be held to be imperative in any
case where the eve1a sections are
granted and not reserved.
You will observe the change in the
law, as above noted, in future pro-
ceedings respecting entries under said
section 2289 of the Revised Statutes
observing, however, that the commits.
sions are in all cases to be computed
on the cash price of the land under
the third and twelfth subdivisions of
section 223s.
Second. The act further provides
that "any person who has under ex-
listing laws taken 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, and that "the residence
and cultivation of such person upon
and of the land embraced in his orig
inal entry shall be considered resi-
dence and cultivation for the same
length Of time upon and of the
land embraced in his additional en-
try, and shall be deducted from the
&c .,nn,.oi ,.oa;d n.,no ron,.;,.o1 h.. L. :,