Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1879-05-16
THE HOMESTEAD LAW.
Additional Rights OF Homestead Settlers
on Public Lands Within Railroad
Limlts.-Full Instructions to the Set.
tiers on Farms from the General
Land Office.

Land Office.
The registers and receivers of the var
| ious land offices in Minnesota have re-
ceived from the commissioner of the
general land Office the following circu-
lar of instructions as to the operations
of the law passed by the last congress
and approved March 5, 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 -, 1879. !
Registers and Receivers Of U. $. District
Land Offices:
GENTIG MEN, have to call attention
to the provisions Of the act of congress
entitled IAN 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 2,2S9 of the re-
vised statutes of the United States, so
far rs the double minimum lands may
he 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-numbered 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, IN future proceed
ines respecting entries under said sec
ton 2,269 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
2,23S.
Second-The act further provides
that "any person who has under exist
ing 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 adj
dtional 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 Il 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, cat
least one year"
Upon any party proposing to enter
an addition tract under these provi
sions you vii! require him to make
homestead application and affidavit ac-
cording to annexed forms, Nos. and
,. 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 1t the proper num-
Der in the regular homestead series,
and report it with your monthly home
stead returns, indicating its character
rs an additional entry under said act on
the margin of your monthly abstracts,
with reference to the original entry
by its number and the description of
the land. The money column i'll 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, il
still resident on the original entry tract,
will not be required 10 remove there
from to the additional entry tract i'll or
der to makes new residence on the lat
ter, as the two forming one body of land,
residence on either will be regarded rs
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 III 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
homestead laws the same rs 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-
] q IL