Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1880-06-18

Sne mad to 60 to bed.
New Homestead Law.
DEPARTMENT OF THE INTERIOR,
General Land Office, Washington, ID. G.
May 25th, 1880.
Circular.
Relinquishments and Contests under
Act Of May l4th, 1880.
To District Land Officers,
GENTLEMEN Appended hereto is
copy Of the act approved May l4th,
1880. which changes existing laws and
regulations relative to the entry of
certain classes of land
The first section provides "That
when prevention, homestead or tim
ber-culturc claimant shall file writ
ten REIMBURSEMENT of his claim in the
local land office, the land covered by
such claim shall be held as open to
settlement and entry without further
action on the part Of the Commission
or OF the General Land Office" This
will be held to apply only TO relin
quishments which are filed subsequent
to date Of said act, viz May i4th
1880. IT.
You are instructed not to accept or
act upon any REIMBURSEMENT, unless
made before you, which has not been
duly subscribed by the claimant on
the"tack Of his duplicate receipt, ac-
knowledgcd, witnessed and executed
in 2 manner which under the laws Of
the state or territory in which the
land is situated would be sufficient as
. valid transfer Of real estate. In
case Of the loss Of . duplicate receipt
OF declatory statement, an affidavit OF
such loss must accompany the written
REIMBURSEMENT. Immediately upon a
relinquishment duly executed as above
being received at your Office, you will
proceed as follows:
sas | The Register will note on the re-
linquishment over his signature, the
day and hour Of receipt by you, 2.
Write the words cancelled by relin-
punishment" giving date) opposite the
record Of the entry in the tract book,
the register Of entries and the registe r
! of receipts. 3. Draw line over the
number Of the entry on the township
plat. 4. On Monday of each week
you are directed to transmit to this
office all the Accomplishments which
have been excepted by you during the
eProceeding week.
. Whenthe REIMBURSEMENT shall have
been received and noted as above, you
will hold the land embraced in the re.
linquished entry as subject to settle.
nent or entry by the first legal claim
ant; the intent Of said section, as I'm.
derstood by me, being only to prevent
the delay resulting heretofore from
awaiting notion on such rclinquish-
ment BY this office ;.
Section two is designed to secure to
the contestant therein named for the
period OF thirty days from notice of
the cancellation of prior entry of
the character specified preference
right to initiate his claim to the same
land III isnot intended to grant such
s0h sstant the unconditional right of
nai sntry, and construe the section
u prscluding settlement or entry hy
any other party during the period
named.
Section three places homestead set.
tiers on unsurveyed public lands ON
the same footing with presumption set
sfiers under existing laws. This sec.
tidn; protects the claim Of an actual
feetler .aHap unsurveyed land provided
~ shall Re homestead entry of the
land within three months from the
filing OF the township plat of survey
ID the district land office, the same as
the pre- -emptor is now protected by
filing his declaratory statement within
the same period, and if the homestead
settler shall folly comply with the law
as to eontir nous residence and cultiya-
ton. his settlement defeats all claims
intervening between its date and the
date Of filing his homestead applica.
ton. In making final proof his five
j. years of residence and cultivation will
. commence from the date Of actual set
Element. C. w. HoLooan
Acting Commissioner.
THE LAW,
De q enacted BY The Senate and
Hoase y. r p essafatises If the Eaif. !
." -5t.3f2s '%H3FaE pssenhr3: /
SEerIoN !. That when a pre-emp- !
tim, homestead or tirober,cnlture