The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1881-05-12
Rights Of Soldiers Under tho Home.
stead Laws.

= IrAKE the liberty OF sending you the follow
ing. believing that the information therein
contained will prove Of great value to ex-sol-
dters who have heretofore made homestead
entries or who may contemplate such attfon.
land should be widely disseminated. "a
The Commissioner Of the General Land OF.
nee was asked: whether, after soldier has
In person or by agent made an entry for Ger.
tain quarter section he may assign his interest
therein to another before he has commenced
his residence on and improvement OF the
and2 -" : II the soldier shond 80 vacate
his entry or fail 20 appear within six months,
could he Ct some future time enter upon other
land2"
The following is . copy of the response
made by the Commissioner: x
In reply have to inform you that 4 SOL
der cannot make an original homestead entry
BY attorney or agent. He may file3 q home
stead declaratory statement by agent Revised
Statutes Sec 2SOSl, or, having made 4 home
leo acres, he may make an additional entry IRE
vised Statutes Sec. 2S06l for such quantity Of
land as may be necessary to aggregate with
6is original homestead 100 acres and this ad-
duly authorized by power of attorney, and
the party is not required to reside upon or
cultivate the land embraced in such
sSa have en eoy&pea %h al that ee as
requirements respecting his original entry. In
the event that the original entry of soldier
for any reason-the area of land embraced in
such entry being less than 100 acres-the party's
right to an additional entry still exists, but he
the land embraced in his ADDITIONAL entFy tSe
same az though the original entry had not
"A soldier within the meaning Of this letter
10 person who served during the war Of the
rebellion for ninety days or more in the army
OF tho UnitNd States, and who was honorably
discharged therefrom. The same privileges
are extended to persons who served as above
in the navy or marine corps and received
honorable discharges.
"Anyperson. soldier or citizen, who should
and fail to comply with legal requirements
respecting residence and improvements will,
!. upon the cancellation of his or her entry by
the Homestead laws, and cannot thereafter
make homestead entry.
THE filing Of . homestead declaratory
statement under section 1909 Revised Stat
make homestead entry for the land filed
upon within six months from the date of I'll
ing. Should party who had made such .
land filed upon, such failure would not
operate to defeat his right to make q home
stead entry for such land il no adverse claim
shall! have been otherwise disposed of. he may
legally make homestead entry for any
other vacant unappropriated public land not
exceeding in area the maximum quantity a.
lowed by law"
The object of the Commissioner in the
above letter was to clearly distinguish be-
tween an actual homestead entry and mere
declaration Of intention to make such entry.
The filing of a declaratory statement by a
soldier gives him no title to the land, but
only serves to notify the world that he intends
to make entry of the land filed upon. If he
fails to make entry of the land within six
months from date of filing, his claim expires
by statutory Limitation and his rights under
section Z, 300 Revised Statutes are exhausted,
and he cannot legally file another declaratory
statement for homestead purposes. His right
to make homestead entry remains intact,
however, and he may at any future time
make such entry for the land filed upon Gf
vacant, or for other lana subject to disposal
under the Homestead laws, with the same
privileges as though he had not filed the de-
claratory statement.
Many persons enormously suppose that fl
ing homestead declaratory statement 10
equivalent to making homestead entry, and
that having made such filing nothing more is
required of them than to 60 upon the land to
reside, and at the proper time make final
proof. To correct this false impression have
taken the trouble to write and send you the
above. hoping that it may have the benefit Of
extensive circulation among soldiers, and
prove the means of enabling them to better
know and protect their rights Washington
Cor. Chicago Intcr-Ocean.