The Vancouver independent. (Vancouver, W.T. [Wash.]) 1875-1910, 1879-05-08
ADDITIONAL HOMESTEAD. The Vancou-

homesteads taken within the railroad limits,
granted under the new law. The following
instructions have been received:
Department of the Interior,
General Land Office, March oath, 1879.
Registers and Receivers of United States Dis
trict Land Office.
GENTLEMEN: I have to call attention to
the provisions of the act of Congress en-
titled IAN act to grant additional rights to
homestead settlers on public lands within
railroad limits" approved March 3, 1879.
First. That act provides 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 mill
tary road shall be open to settlers 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 S1.25 per
acre and lands held at $3.50 per acre. which
had existed under section 22S9 of the Revised
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 any double
minimum lands which may be found in odd
| numbered sections or in the limits of grants
for any other description of public works. 1t
must be held 10 te 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
entries under said section 22S9 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 223S.
Second. The act further provides that "any
person who has under existing laws taken a
homestead or 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 I'M
der the homestead laws an additional eighty
| acres adjoining the land embraced in his or
| iginal entry, if such additional land be sub
ject 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 original entry shall be
considered residence and cultivation for the
same length of time upon and of the land en-
braced in his additional entry, and shall be
deducted from the five years residence re-
| uni NV lav Wit hot
that in no shall patent issue until the
person has actually, and in conformity with
the homestead laws, occupied, resided upon,
and cultivated the land" embraced in his ad-
dtional entry lat least one year.
Upon any party proposing to enter an adj
dtional tract under these provisions you will
require him to make homestead application
| and .. You will then, if you find his origi-
nal entry to be intact on your records,
whether patented or not, and If no objection
appears in any respect, allow the entry ap-
piled for, note the same on your records, Civ
ing it the proper number in the regular
homestead series, and report it with your
monthly homestead 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 its
number and the description of the land. The
money columns in the abstracts will, of
course, be left blank, since there will be no
fees and commissions paid.
In this class Of entries the party if still res
ident on the original entry act, will not be re.
quired to remove therefrom to the additional
entry tract in order to make new residence
on the latter, as the two forming one body Of
land, residence on either will be regarded as
satisfying the legal requirement; but in max
ing final proof on the additional entry the
party must show such residence, with occu.
pancy 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
deducted on account Of residence and cultva-
ton on the original entry, which shall not ex-
coed four years in any case.
Third The act further provides that should
the person so elect, he may, instead Of max
ing an additional entry, Surrender his exist
ing entry to the United States for cancclla-
ton, and thereupon be entitled to enter lands
under the homestead laws the same as il the
surrendered entry had not been made" with
the same provisions, as regards fees and com
missions not being required. and requiring
settlement and cultivation, occupation and
residence, MS have been already stated with
regard to additional entries. In Of any