The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-04-27
THE u. 3. LAND LAWS.
What the settler is Required to DO to
Acquire Land Under the Homestead.
Presumption and Timber Culture Acts.

IECsc1WPthVN ~ AAhhhWGT StAAtVr4 Assts
The following summary of the provisions
of the three several land laws will be good
for everybody interested in such things to
save:
THE HOMESTEAD ACT.
The applicant must be a citizen of the
United States, or take out his first papers,
declaring his intention to become a citizen.
He must be 81 years old, or the head of a
family. He may enter 100 acres, or any sub
division thereof. The land office fee is SIS if
the land is within the railroad limit, or $14 if
without that limit. The applicant is required
within six months from the day of filing, to
have a'house built and his family moved ON
the claim. His residence must be a continual
one OF five years. He is not, however, re-
quircd to live on it day and night %continu-
ouSly, but he must not be absent more than
six months at any one time. A longer absence
will forfeit his claim. At the expiration of
five years residence he submits his proof that
he has lived on the land and cultivated it.
He then gets his patent ,(deed) from the
President of the United States. ANY contract
to convey a portion or the whole of his claim
before making final proof, destroys his rights.
All abandonment of claim, or a change of
residence, works a forfeiture. An unmarried
woman may take a claim, and, if she marries,
IL COlIIhuCu icSluCllCG ou tIC ldllu Will give
her a title in her own name. Any time after
six months of actual residence the occupant
may make a final proof and pay for his land
at the rate of $3.50 per acre, if within the
railroad limit or $l.25 if without. This
does not affect in any way his right as a pre-
emptor. A homestead cannot be taken for
past debts.
A soldier who served in the late war of the
rebellion on the Union side has a right to take
a lien on 100 acres for six months upon
payment of 81. This may be done through
an attorney in fact. Evidence of the military
service of the applicant must be submitted at
the same time. The soldier is given a year
from date of filing his lien to build his house
in and TO move on his claim. Every year of
service in the army, not exceeding four, is
deducted from the five. lie must live at least
one year on the homestead, whatever the
length of his military service.
THE PRE-EMpTIoN ACT.
The applicant for a pre-emption must pos
sess the same qualifications as the homestead
settler. The prs-emptor can take 100 acres
or any surveyed subdivision thereof. Within
ninety days after making his settlement, he
must file at the local office a notice giving the
boundaries of his claim according to the gov
rnmen survey and the date of his settle
ment or first improvements. For this thing
he must pay 81. 1t may be a plain statement
of the facts written by himself and sent in by
mail. Within thirty-three months from the
date of his settlement the claimant must
submit his final proof He must show both a
residence and cultivation of the land for asri-
cultural purposes-a habitable dwelling, and
an amount of other improvements, like plow-
ing, stable. well, etc.-that will be s~atisfac-
tory to the land officers and evidence of a
Cnmn Iio npa with tho snipit Of tln lou, Tha,,
is no definite valuation, as a minimum, pres
cribed by law. The financial circumstances
of the prs-emptor, the area claimed and the
quality and general character of the land are
considered III determining the sutficiency of
the improvements.
The time of settlement and actual residence
are strictly inquired into. After six months
of actual residence the pre-emptor may sub
NIT his final proof of the requisit improve
lnents. He must appear in person at the land
office and give his testimony, and produce
two creditable witnesses who will swear to
the same facts. If the witnesses live at u dis
lance and their presence would be both ex-
pensive and inconvenicnt, their affidavits may
be taken before an officer qualified to admin
lister an oath under the territorial laws. Upon
making his final proof the pre-emptor may
pay cash, military land warrants, supreme
or Louisiana script. Within the land
grant limit of any railroad the pre-emptor
pays $3.50 per acre or $500 for his 1G0 acres.
If outside o. Vt limit lie pays $l.25 per acre
or 5000. All, lime before the thirty-three
months expires the claimant may convert his
claim into {. homestead by making applica-
ton at the land office and paying The home
stead fee. No person who quits or abandons
his residence on his own land in the same
State or territory, or who owns 800 acres of
land anywhere, is entitled to the benefits of
the presumption law. These disabilities,
however, do not apply to homestead or the
timber culture act. The privileges of the acts
cannot be duplicated or repeated. Claims
before the perfection of the title are not trans
ferable.
THE TIMBER CULTURE ACT.
The land office fee under this act upon
making an entry is Sl4. The applicant is
entitled to enter 100 acres on any section
naturally devoid of timber. 1t must be the
whole section that is devoid Of timber and
not the 100 alone. Only one Tree clam can
be taken on a section. 1t takes eight years
under this act to acquire title, but actual resi-
dence is not one Of the requisites in getting
it.. The first year the claimant breaks five
acres. The second year he cultivates that
five to crop and breaks five more. The third
year he plants the five acres in trees and cul-
tivates the second five to crop. The fourth
year he plants the second five in trees, and
then has ten acres of trees growing SO that he
can show, on the day OF final proof, 6,75O
living trees. There is a small fee on making
final proof, but no other expense in securing
title.
E REMARKS.
An unmarried woman of age can take
advantage Of the Dement'S of these acts the
same as a man. If she maTries before she has
acquired title, she can proceed TO prove up at
the proper time tie same as if she had re-
manned single. In case of the death of a
claimant before the title is perfected, his heirs
or administrator may submit final proof after
the heirs have completed the requirements of
the law. Settlers can avail themselves of the
nrixilenaS of thaSn lams lint nnno I,l,inas