The Florida agriculturist. [volume] (DeLand, Fla.) 1878-1911, 1881-11-09

action may disposses them of the
Editor of the Florida Agricuturist:
In a former article on The y. ).
Land law l observe, / inadvertently
stated that homestead applications
could be made before Judge OF
Court. Such is not the fact. The
and affidavits must either
be made before the Clerk or at the
District Land Office.
When the legal term of years have
passed, the homestead settler is OBJ
liged by law 20 make final proof OF
his compliance with the law for the
legal period. This proof must be
made after five years from date OF
entry, and prior to the expiration OF
seven years. In making proof, the
settler must first file with the Regis.
ter his notice of intention to make
final proof and the usual fees for legal
advertisement in the State newspa.
pers. His notice" must specify his
name and address, the number and
description OF his land, the Judge or
Clerk OF Court before whom he de-
sires to make proof, and the names
and addresses of tour disinterested
witnesses. Upon receipt of this no.
tice, the Register publishes the legal
advertisement in the newspaper he
designates to be nearest the land, and
on the day named therein, the settler
must appear before the officer deslg>
mated, with two of his witnesses, and
there make his proof.
The proof taken, the settler should
forward the same, with the legal fees,
o the Receiver of the Land Office.
rom whom, the proof being regular,
lie will receive final receipt. This
inal receipt is in most cases--in fact
n all where the proof is regular, the
aw fully complied with, and no ad-
'erse claim is of Records good as
he patent. 1t can be recorded, and
good title given upon it. Upon its
ssue the land becomes taxable by the
State authorities as private land, and
t Is in fact evidence of the vesfure
II the title OF the United States in
nd upon the party to whom it is is
ued.
it must not be thought, however,
hat the oblalnance OF this receipt is
IN estoppel to all prosecution on
charges Of any sort, for such is not
the tact. Up to the date of the issu
ance Of patent, all entries are liable to
contest. where affidavi,s are produced
showing that there was fraud or tail
ure to comply with the requirements
OF the law on the part OF the settler,
and in these cases before the Land
Office, the United States Government
is the prosecutor. And even when
the patent has issued, it is liable TO
cancellation, upon proof made in any
u. S. Court, that il was issued wrong.
fully.
Hence it would be well tor all pur-
chasers OF lands acquired upon proof
under the homestead laws, to ascer.
tain if the requirements OF law had
been met by the original settler.
An amendment to the homestead
law, in manner, unites the pre-emp'
ton law with it. 1t is provided that
the settler can at any time after six
months legal residence and cultiva'
ton, make proof OF such residence
and cultivation in the usual manner
and by paying the legal rate per acre
for his entry, acquire title thereto
from the United States. By this
law the settler who makes an entry
in good faith, but is subsequently fol
any reason unable to comply with
the law, can, after this short term Of
compliance, save his homestead.
Another amendment, the second sec
ton OF the act OF June Is, 1880, allows
apv homestead settler who made an