, 1880-11-13

<'.'ees' !
BKrARrxxxr % snH lxrKsyoRS]
General Land Office.
ra.A.asa, d c. OF 9 lSs :
kSss,.asd Rss;ref, u s. GAdl ]
GssrlKxsS:-In In carrying at tn ptb
visions of the Act Of Congress Of June 10,
1880, entitled " An Act relating to the
public lands of the United States, you
viii be governed by the following instruc-
tions supplemental TO, and in lien OF, the
Circular of this Office of July Ia, lSSo,
which is hereby rescinded
l. The 6fst section Of said act provides
that when any lands of the United States
shall have been entered, and the Govern
men. price paid therefor, no suits or pro
ceedines on account of trespasses commit
ted thereon prior to March 1, 1879, shhil
be had or maintained.
= 2. This seetier extends to- sneh tres.
passes the privilege If paying m e1e land
upon which the trespass Was committed at
the legal price per scre al dfle5f sdEy..
8 The privilege of purchaser under
said section is not confined to lands sub
jeet to ordinary private entry, but extends
to any lands, not mineral, subject to dis
posal under existing general laws
4. No entry can be allowed ander this
section if the vahd subsisfing r.aim Of An.
other person shall have ATTACHED prior to
the application to purchase
5. When lands are plainly subject to
ordinary Private entry, no special aPplica-
tion 20 purchase, other than the usual ap-
plication in cases Of private entry, IS re-
auired in order to enable the purchaser
to avail himself to the benefits of the Act
6. When lands are not plainly subject
to ordinary private entry, and application
to purchase the same shall be made with
a view to securing the immsaaity contem-
plated by said section, you will. reanire
the application to be presented Under oath
of the applicant, giving full and detail
ed statement of all the facts upon which
he bases his claim to purchase. Such
sworn statement shall be cOrrOborated by
the atfidayits of credible witnesses, and
you will thereupon forward all the papers
in special letter TO this Office, allowing
no entry until SO directed.
ENTRIES UyDER THE sEcoSD SECTION
Z. Under the section, duly qualified
persons who, prior to June 10. 1880, en-
tered, under under any of the Home
stead laws, lands properly subject to such
entry, are permitted to obtain title by
paying the Government price, less the fee
and commissions paid at date of original
entry.
8. In allowing entries OF this class, You
will require proof that the rarty was 81
years Of age, was citizen, or had declar-
ed his intention to become citizen Of the
United States, and was in other respects
entitled to make the entry.
0. When homestead entries, made prior
to June Is, 1880, have been attempted to
be transferred by bona fde instrument in
writing, the persons to whom such trans
fers were made are authorized to obtain
title by like payments, and with like re-
duction Of fees and commissions, as in the
case of original homestead parties.
10. In permitting purchasers, by trans
ferrees Of homestead rights, you will first
ascertain whether the original homestead
entry was valid entry under the home
stead laws. You will then require the in
strument in writing by which it was
sought to transfer such homestead right,
to be filed, together with the best evi-
dence attainable of the bona fde character
of the transfer, including the affidavit of
TIE party who seeks to purchase. You
will also require satisfactory proof that
the attempted transfer was made prior to
june I5s 1880. r. -
II. You will exercise all possible care
in allowing purchases of the above char
acter, as it is not improbable that fraud
uIent entries will be attempted, and the
proper execution of the law will largely
depend upon yeHr vigilance and discretion.
In cases wherein Yum entertnn doabt pfs
the rffroprie.y Of allowing the spplica.ias
to purchase, you should refer all the pa
pers to tliis Office, with a full statement
of facts AMI your op.nion-
IL No entry will be allowed under the
second section when the original home
stead entry was nei a valid entry; NOR
when an entry under the homestead laws
shall have been made on the same land
subsequent to the original entry; nor if
the land was embraced in prior valid
entry at the date of such original home
stead entry, nor where adverse legal
rights Of any character exist at the date
Of the application to purchase.
l3. Applications to purchase under the
second section will be made on Form No.
Is, As III case of ordinary cash entry, and
must be accompanied BY the Receiyer,s
duplicate homestead receipt; Or, If that
has been lost or destroyed, by an affiida-
vit setting forth such fact, and giving the
Registers and Receiver. number, and
the date of ths o1gipsl homestead entry.
1t must also be stated in the application
that the same is made under the second
section Of the Act Of June 10, 1850.
IA Where the duplicate receipt has
been lost OF destroyed and the application
to purchase is made by the original home
stead party, the applicant ,mnst make
oath that he has not transferred nor at
tempted to transfer his somestead rights
under said entry, ur assigned his rights
to receive the Repayment Of the fees, cont
missions, and excess payments paid there
Oh.
l5 In each case Of an entry under the
second section the Register will certify
to the X ceiver to the amount to be al
lew d as credit fur, fees, commissions and
excesses already paid; Tie applicant first
making rath that sail fees, Commissions
and EXCESS payments have not baen repay.
ed, and that no APPLICATION for such re-
payment has been made
10. Final homestead prcof not being re-
qHlyed 'ts these. cases, no advertisement .eT
nss'ce OF iHtentiVn to Daaksr. .frai prdafis
necessary, a,,d no .fhal homestead fees are
t-.be pad o,;.eoileete,l.
20 Warrants and scrip lisade receivable
by law for lands subject to sale at private
entry, or in communication of homestead
or presumption rights, and certificates Of
deposit on occount of surveys, will be
deemed receivable for lands purchased
under the, Act of June Ia, 1880. 81,
d The existing rule must, however,
be observed, that where the value of war
raahs or scrip exceed that of the land
entered Herewith no repayment is author
ized, but the warrant & Strip ms,t be
fully surrendered In such case there
would be no claim for repaynsnt ON ac-
eeHnstf the fees and commissions paid
on the original hodlestead ehtfy.
Very Respectfully,