The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1880-07-02
NE1, IiollEsTEAIs LAW.
DEPARTaENT or THE INTERIOR,
Land Office, Washington, d. {
May 25th, 1880.

General land Office, Washington, d. G.
May 25th, 1880.
CIRCULAR.
Accomplishments and contests under
Act of May 14th, 1880.
To District La,,d Q6ieers.
GExrLrurx Appended hereto is a
copy of the act approved May l4th,
1850. which changes the existing laws
and regulations relative to the entry of
certain classes of lands
The first section provides That
when pre-emption, homestead or tim
ber-caiture claimant shall file written
relinquishment of his claim in the local
land Office. the land covered by such
claim shall be held as open to settle
ment and entry without further action
on the part of the Commissioner of the
General Land Office" This viii be
held to apply only to Accomplishments
which are filed subsequent to date of
said act, viz May l4th, 1880.
You are instructed not to accept or
act upon any accomplishment, unless
made before You, which has not been
dulv subscribed by the claimant on the
back of his duplicate receipt, acknowl-
edged, witnessed and executed in n
manner which under the laws of the
State or Territory in which the land is
situated would be sufficient rs valid
transfer of real estate. In case of the
loss of duplicate receipt, or declarato-
~ statement, an affidavit of such loss
must accompany the written ,elinquish-
ment. Immediately upon relinquish-
ment duly executed as above, being re-
ceived at your Office, You will proceed
as follows:
l. The Register viii note on the re-
linquishment ever his signature, the day
and hour of receipt by you. .. Write
the words 'scaneeled by Ielinquishment"
giving date) opposite the record of the
entry in the tract book, tie register of
entries and the register Of receipts. >.
Draw a line over the number of the en-
try on the township plat 4. On Mon
day of each week you are directed to
transmit to tins office all he relinquish-
meats which have been accepted by you
during the preceding weak.
When the REIMBURSEMENT shall have
been received and noted as above, you
will hold the land embraced in the re-
linquished entry as subject to settle
ment or entry by the first legal claim
ant; the intent of said section, as under
stood By me, being only to prevent the
delay resulting heretofore from await
ing action on such REIMBURSEMENT by
this ofice.
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 char
acter specified, a preference right to in
itiate his claim 70 the same land. 1t is
not intended to grant such contestant
the unconditional right of final entry,
and construe the section as preelud-
ing settlement or entry BY any other
party during the period named.
Section three places homestead set
tiers on unsurveyed lands on the same
footing with pre-emption settlers under
existing laws. This section protects
the claim of an actual settler upon un-
Surveyed land provided he shall make
homestead entry Of the land within
three months from the filing Of the
township plat Of survey in the district
land Office rbe same as the pra-smptor
is now protected by fIing his declarato-
RI statement within the same period,
ard # the homestead settler shall fally
comply with the law as TO continuous
residence and cultivation, his settle
ment defeats ell claims intervening be-
tween It's date and the date of filing his
homestead application. In making
final proof his five years Of residence
and cultivation viii commence from the
date of actual settlement.