Southern standard. (McMinnville, Tenn.) 1879-current, 1881-05-14
Ez.soIdIers nnd tne Homestead Laws.


ITAKE the liberty of sending you the follow
Ing, believing that the Information therein
contained will prove of great value TO ex-sol-
diers who have heretofore made homestead
entries or who may contemplate such action,
ard should be widely disseminated.
The Commissioner of the, General Land Of
flee was asked: "Whethef, 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
landp II the soldier should so vacate
his entry or fail TO appear within six months,
could he at some future tnle enter upon other
landG"
The following is copy of the response
made by the Commissi lner:
In reply have to inform you that q sol
dler cannot make ano nal homestead entry
by attorney or agent lie may ile n home
stead de aratory statementb BY agent [lteyised
statutes Sec 2OJl, or, haYng mlae q homo
stead entry prior 70 Jup ~, a ~ less tbau
lOuacrcs, he may make "a addifi0nai entry lhe-
Vised Statutes Sec. 2iOBl for such quantity of
land as may be necessary 10 aggregate with
his original homestead l60 acres, and this ad-
qitional entry may be l0caed by an agent
duly authorized by power Of attorney, aud
the party is not required to reside upon or
cultivate the land embraced in such
additional entry, provided that he
shall have complied with all legal
requirements respecting his original entry. in
the event that the original entry of Il soldier
made prior to June q, lo,4 has been cancelled
for any reason-thc area of land embraced in
such entry being less than 100 acres-the party's
right to an additional entry still exists, but he
will be required to reside upon and improve
the land embraced in his additional entry the
same as though the original entry had not
been initiated.
"A soldier within the meaning of this letter
is person who served during tho war of the
rebellion for ninety days or more in the army
of the United States, AID 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, solder or citizen, who should
make ahomestead entry under existing laws
and fail to comply with legal requirements
respecting residence and improvements will
upon the cancellation of his or her entry by
reason of such failure, forfeit all rights under
the Homestead laws, and cannot thereafter
| make a homestead entry.
The filing of homestead decaratory
statement under section 2,309 Revised Stat
utes secures 10 the party preference right to
| make homestead entry for the land filed
| upon within six months from the date Of ill
ing. Should party who had made such a
| Ming fail to make homestead entry for the
land filed upon, such failure would not
| operate to defeat his right TO make home
| stead entry for such land If no adverse claim
tor the same appears or, If the land filed upon
| shall have been otherwise disposed of, he may
| legally make homestead entry for any
other vacant unapprcpriated 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 n declm matory statement by q
soldier gives him no title to the land, but
only serves to notify the wOI Id that he intends
to make entry of the land filed upon. If he
fails 90 make entry of the land within six
months from date of filing his claim expires
by statutory Limitation and his rights under
| section 1909 Revised Statutes are exhausted.
and he cannot legally file an ther declaratory
statement for homestead purposes. His right
to make a homestead entry remains intact,
however, and he may at any future time
make such entry for the land filed upon III
vacant or for o her lana subject to disposal
under the Homestead laws, with the same
privileges as though he had not filed the de-
claratory statement
Many persons CrroneOusly suppose that fl.
ing homestead dCclaratory statement ID
equivalent to making homestead entry. and
that having made such filing nothing more il
required of them than 10 go upon the land to
reside, and mt the proper time make final
proof. To correct this false impression have
taken the trouble to write and send you tho
above, hoping that il may have the benefit OF
extensive circulation among soldiers, and
prove the mcans-ef enabling them TO better
| know and protect their rights JVdshil1oll
Cor. Chicago intCI-OcCdH.