Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1880-07-03
ACCOMPLISHMENTS and Contests Udner
Act of May II, 1850.
DEPARTMENT OF THE INTERIOR,

DEPARTMENT OF THE INTERIOR,
dDyEnAL LAND OFFICE,
WASHINGTON, d. c., May %, 1880.
To District Land Officers.
GENTLEAfEN-Appended hereto is a
copy of the Act approved May IA, 1880,
which changes existing laws and regu-
latiOns relative to the entry of certain
classes of lands.
The first section provides, THAT when
a pre- cmption, homestead, or timber
culture claimant shall file written re-
linquishment of his claim in the local
land Office, the land covered by such
claim small be held as open to settle
ment and entry, without further action
on the part of the Commissioner of the
General Land Office"
This will be held to apply only to re-
Hnquishments which are filed subse-
quent to date of said Act, viz: May IA,
1880. e-
You are instructed not to accept or act
upon any REIMBURSEMENT, unless made
before you, which has not been duly SUBJ
scribed by the claimant on the back of
his duplicate receipt, and acknowledged,
witnessed, and executed in a 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 a dupli-
cate receipt or declaratOry statement
receipt, an affidavit of such loss must
accompany the written REIMBURSEMENT.
Immediately upon REIMBURSEMENT,
duly executed as above, being received
at your office, you will proceed as fol-
lows:
1. The Register will note on the re-
linquishment over his signature, the day
and hour of its receipt by you.
2. Write the words, Cancelled by re-
linquishment," giving date) opposite the
record of the entry i'm the tract-bOOk, the
register of entries, and the register of
receipts.
8. Draw a 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 &C
cepted by you during the preceding
week.
When the REIMBURSEMENT shall have
been received and noted as above, you
will hold the land embraced i'm the re-
llnquished entry as subject to settlement
or entry by the first legal claimant; the
intent of said section, as understood by
me, being only to prevent the delay re-
sulting heretofore from awaiting action
on such ACCOMPLISHMENTS by this Office.
Section tlrO is designed to secure to the
contestant therein named, for the period
of thirty days from notice of the cancel
latlOn OF prior entry of the character
specified, preference right to initiate
his claim to the same land. 1t is not in
tended to grant such contestant the un-
conditional right of final entry, and
cOnstrue the section as precluding settle
ment or entry by any other party during
the period named.
Section three places homestead settlers
on unsurveyed public lands on the same
footing with presumption settlers under
existing laws. This section protects the
claim OF an actual settler upon unsur-
veyed land provided he shall make home.
stead entry of the land within three
months from the filing of the township
plat of survey in the district land office
the same as the pre-emptor is now pro.
tected by filing his declaratOry statement
within the same period; and If the home.
stead settlers shall fully comply with
the law as to continuous residence and
cultivation, his settlement defeats al
claims intervening between its date and
the date of filing his homestead applica
ton. In making final proof, his five
years of residence and cultivation will
commence from date of actual settle
ment.
.W.HOLCOMB,
Acting Commissioner.