The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-07-25

not misersl ard s1bjec. TO disposition
under the general existing laws. This
section Cannot be construed to permit
party who falls within the class OF
offenders named 20 enter land II the
valid claim Of another person shall
have attached prior 10 his application
10 purchase and 10 still subsiding
Whenever an application shall bs made
30 purchase under this section, you will
require the same ~ he presented under
the cath Of the applicant. giving fall
and detailed statement Of all the facts
upen which be bases bis claim L. p1r-
chase. Such sworn statement should
b. couoboraied by the afidavits OF
credible witnesses. aad you will there
up5m forsErd the papers ia a special
letter b this office. allowing no entry
until 20 direc.sd ~ me. Undrr Section
2. 'inIg qualified parsons who. PRIOR TO
june -. 1880. entered. under any II
tie homestead laws, lands properly
subj ct TO sach entry. are permitted ~
obtain title by paying the Government
price. less the Zee and commissions paid
1T the date OF original entry. When
homestead entri.s made prior TO June
10. 1880, have been attempted to be
transferred by bona file instrument
in writing. persons TO whom such
transfers were made are likewise aa-
thorized 10 obtain title by like pay
ments and with like DEDUCTIONS If fees
and com missions.
IN ALLOWING ENTRIES
OF the frst,n.med class you with re-
quire proof that the party was twenty
years Of age. had declared his inten-
ton to become citizen Of the United
States aud was in other respects entitled
TO make the entry. In permitting en-
tries by transferrers you will require
the instrument in writing by hich it
was sought TO transfer such homestead
right. TO be filed together with the best
evidence attainable of the bona ids
character Of the transfer, including the
affidavit Of the party who seeks to pur-
chase. You will exercise all possible
care IL this matter, as il is not improba-
BILE that the proper execution OF the
law will largely depend upon your Wig
lance and discretion. In cases wherein
you entertain doubt of the proprie.y
Of allowing the application to purchase,
you should refer all papers to this office
with full statement of facts aud your
opinion. Under the previso for this
section you are specially instructed to
allow no entry which interferes with
any entry Of land under the homestead
laws made Subsequent TO the original
entry. on which the application is made
10 enter uEder section 2. and il the
land was embraced in the prior entry at
the date OF such honesreat the section
10 in operation. irasmuch as In that
case the land was not properly subject
to entry.
THE APPLICATION TO PURCHASE
Must likewise be rejected if, Mt the date
OF the original Homestead entry. q prior
Claim, which has not been abandoned
or forfeited, existed. Under any law,
do not cons,rne this section rs intend.
ed to permit the parties named as con-
ditional purchasers to make an entry OF
tracts to which adverse legal rights
have attached prior to the date of the
Act. The third section reduces to 81 20
per acre the price Of any lands which
were subject to ordinary private entry
at S2.o0 per acre az the date of approval
OF the Act. hsying been doubled in
price by reason of the grant of alter
nate sections for railroad purposes, and
which were put in market at that price
prior to January l. 1881. Lands which
have not been put in market for sale 1T
ardinaTy private entry at 81 90 per
acre. or which were SO put 10 the mar
ket subsequent TO the ist of January,
1881. are nat changed in price by this
section. You viii carefully observe
the rule ~ TO price thus introduced. By
reference TO your official records it will
be In your power to ascertain the facts
with regard to any lands from which to
decide as to its applicability 10 them.
luscase of doubt you may correct your
records TO exhibit the facts by cores
pondence with THE Office. You will
further observe that under section 4
none Of the provisions Of this Act APP
ply to mineral lands. and that no per.
son IL entitled to the benefit of any
provisions OF the Act who falls within
the inhibition named in this section.