Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1881-05-12


TAKE the liberty OF sending you the follow
Ing believing that the information therein
contained will prove Of great value TO ex-soi-
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
fee was asked: "Whether. after a 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 and Improvement or the
landg II the soldier should 50 vacate
his entry or fail to appear within six months,
could he at some future time enter upon other
land?'
the following is q copy Of the response
made by the Commissioner:
- In reply have to inform you that q sol
dfer cannot make an org nal homestead entry
stead declaratory statement by agent lRevised
Statutes Sec. 2j0sl, or, having made a home
lou acres, he may make an additional entry Ike-
vised Statutes Sec. 2D6l for such quantity OF
land as may be necessary TO sggrexate with
ditional entry may be located by an agent
duly authorized by power OF attorney, ana
The party is not required to reside upon or
e cultivate, the land embraced in, in such n
shall have complied with all legal
Tssuireme1ts respecting his original entry In
made prior to June -, ls.4, has been Cancelled
for any reason-the area of land embraced In
such entry being less than 100 scres-the party q
right to an additional entry still exis,s. but he
will be required to reside upon and improve
the land embraced In bis 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 the war Of the
rebellion for ninety days or more in the army
of the United Seates, a..d 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
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.
statement under section 2.sa Revised Stat
utes secures TO the party a preference right TO
make homestead entry for the land tiled
upon within six months from the date OF Ill
ing Should q party who had made snch a
filing fail to make homestead entry for the
land filed upon, such failure would not
stead entry for such land IL no adverse claim
for the same appears, or. IL the land tiled upon
shall have been otherwise disposed of, he may
legally make a homestead entry for any
other vacant Incorporated 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 declaiatory 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. IL 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, 1903 Revised Statutes are exhausted.
and he cannot legally file another declaraiory
statement for homestead purposes. His right
to make n homestead entry remains intact,
however, and he may at any future time
make such entry for the land filed upon df
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 enormously suppose that H.
ing a homestead dccaratory statement is
equivalent TO making a homestead entry. and
that having made such filing nothing more is
required of them than to 20 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 1t 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. ChicdU0 inter-OccdM.