Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1880-05-28

the required oath The final affidavit
and proof, however, may be made be-
fore the judge, or, in his absence, be-
fore the clerk of any court of record
of the county and state, or district and
territory, in which the land is situated;
and if said land is situated in any un-
organized county, such proof may be
made in q similar manner in any ada
cent county in said state or territory.
This proof must be transmitted, by the
judge or the clerk of his court, to the
register and receiver, together with the
the fees that said officers would have
been entitled to had the testimony
been reduced to writing by them.
In case an applicant whose family
or some member thereof is residing up
on the land which he desires to enter,
and upon which bona fde improve
ment aud settlement have been made,
is prevented, by reason of distance,
bodily intirmity, or other good cause,
from personal attendance at the dis
trict land Office, it may be lawful for
him to make the affidavit required by
law before the clerk of the court forthe
county in which the applicant is an act
: ual resident, and to transmit the same,
with the fee and commissions to the
register and receiver. In such cases
! the affidavit must state that the party,
= or some member of his family, is resid-
= ing upon the land, and that a bona fde
!, settlement and improvement has been
made thereon; it must also state the
v the cause of the inability Of the appl-
cant to appear at the local land office.
In such cases the applicant should un-
derstand that the clerk Of the court is,
" W in no sonse, an officer CT the Land De
% % partment. The applicant attains no
~ rights whatever until the application
is presented at the local land office, ac-
: colnpanied by the affidavit and the fees
: and commissions.
i A homestead settler may, after an actual
residence of SIX months aud cultivation and
; improvement OF the land, make proof and
payment for the same, and this action will
not affect his rights as rre-cnptor, exec p:
m that he cannot move from said tract aid
settle upon other pubic land in the same
J State or Territory AMI claim the same unde1
, the pie-emptlun law.
y. IN addition to the amount paid at tn,
D. ti.ue cn.ry is made, the settler must, ct IT,,
a tiine II making final proof, pay Tie follow
If ing sums, to which must he adde,! fifty pc
cent in the States and Territories mention
II, ci below
al - on entry OF lG0 acres double mnimup
he land.
"a "a on entry of SO acres Gonb'o minimum
land.
II 81 on entry oi 40 acres double miuimur
or land.
Of 81 on entry Of lf0 acres Of minimum land
in So GA ontiy of 50 acres Of minimum land
J., ~ on tntry Of 30 acres Of minimum lant
in TIiE pEE-EMprIoE LAW.
In A claimant nnder this law for Ian
RS which ha, been offered is required t
ut file notice Of his or her claim with
an in thirty days from date of settle
Mt. ment If the land has not been o
err fered for sale, the declaratory STATE
I'll ment must be filed within thre
er months from date of settlement.
he the land is not surveyed at date of se
ol- tlement, the declaratory statemel
nd must be filed within three month"; fro
,nt date OF fling the township plat in tt
all local Office A future to tile u decla
her atory statement viii render the lar
,ch subject TO the claim Of an adverse sc
ian tier who does thus file the notice of i
to tention required by Jaw to clain, Il
the land.
scd The land Office fee for filing is $
the except in certain States and Territ
re- ries mentioned below. i'll which it
up So If She land is offered, proof al
Of payment for The same must be mat
md within twelve months fro,n date
sol settlement. If not offered, SAID pro
II and payment must he naae with
IL thirty-three months from the date
/ at settlement. A failure To thus ma
tbs, proof and payment viii rendcr t
this land subject To the claim of an alver
rn, settler who does comply with lac Ia
will in the matter of filing declarato
ent statement and making proof and pa
act. meEi.
up The SHINE requirement, as 20 re
and dcncn end cultivation aHd lnprc'
it'll. mcnt must he observed uud~r this !;
ery rs under the homestead law: that
lpa- tNc claimant must actually reside up
the and make his hon,e un"n the !ai
ON An IMPRESSION may ,rcyah IN I
Y is minds ol settlers tha5 because I
.aes cuu"ts luH ;ar department. have hf
lin- tha, 4 pe2>cn cannot, unIer the hon
rod. stead aNd pre- rlnptiou Ia "s, take la