The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1881-05-13
Ex.Soldiers and the Homestead Laws.

TAKE the liberty of sending you the follow
ing. believing that the Information therein
contained will prove Of great value TO ex-sOf-
diers who have heretofore made homestead
entries or who may contemplate such action,
and should be widely disseminated
The Commissioners Of the General Land Of
fee was asked: Whether, after q soldier has
in person or by agent made an entry for a GER
tain quarter section he may assign his interest
therein to another before he has commenced
his residence on and improvement OF the
land? II the soldier should SO vacate
his entry or fail to appear within six months.
could he at some future time enter upon other
land?"
The following is . copy Of the response
made by the Commissioner:
"In reply have to inform you that SOL
dicr cannot make an org nal homestead entry
by attorney or agent. he may file home
stead decIaratory statement by agent [Revised
Statutes Sec. s0sl, or, having made home
stead entry prior to June -, 1S7i, for less than
l6O acres, he may make an additional entry lke-
vised Statutes Sec. 2h6l for such quantity of
land as may be necessary to aggregate with
ditional entry may be located by an agent
duly authorized by power Of attorney, and
the party is not required to reside upon or
sSdtional 'n entrs peo1ideS tha.
shall have complied with all legal
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 l6O 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.
is person who served during the war of the
rebellion for ninety days or more in the army
of the United 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
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 homestead entry.
1.-The filing of a homestead declaratory
statement under section 1899 Revised Stat
make a homestead entry for the land filed
upon within six months from the date of til
ing. Should party who had made such a
i ran 10 make homestead entry FOR the
operate to defeat his right to make home
stead entry for such land if no adverse claim
for 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 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 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 flied upon. If he
fails 70 make entry of the land within six
months from date of filing, his claim expires
by statutory limitation and his rights under
section 1903 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 land subject to disposal
under the Homestead laws, with the same
privileges as though he had not filed the de-
statement.
Many persons enormously suppose that fl
ing a homestead declaratory statement is
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 ut 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 Inter- Ocean.