American citizen. [volume] (Canton, Miss.) 1864-1890, 1881-05-14

TAKE 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,
and should be widely disseminated.
The Commissioner of the General Land Of
flee was asked: whether, after a 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
land2 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 a copy Of the response
made by the Commissioner:
In reply have to inform you that a SOL
der cannot make an original homestead entry
by attorney or agent he may file IL home
stead declaratory statement by agent [Reylsed
Statutes sd Sec sO9l, or, ha " made home
100 acres, he may make an additional entry IRE
vised Statutes Sec. 2D6l for such quantity of
his original homestead 100 acres, and this ad-
ditional entry may be located by an agent
the party is not required to reside upon or
cultivate the land embraced in such
sSa bave entpy that c9 he
requirements respecting his original entry. In
the event that the original entry of soldier
made prior to June %, 1874, has been cancelled
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
will be required to reside upon and improve
the land embraced in his additional entry the
same as though the original entry had not
"A soldier within the meaning of this letter
is a person who served during the war of the
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.
"Anypcrson. 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 ali rights under
the Homestead laws, and cannot thereafter
make a homestead entry.
1.-The filing of homestead deciaratory
statement under section 2.3o9 Revised Stat
utes secures 10 the party preference right to
upon within six months from the date of ill
ing Should party who had made such a
land filed upon, such failure would not
operate to defeat his right TO make a home
tor the Same appears, or. Il the land ed upon
shall have been otherwise disposed of. he may
legally make homestead entry for any
other vacant unappropriated public land not
exceeding in urea 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
The filing of n declaratory statement by
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 10 make entry of the land within six
months from date of filing, his claim expires
by statutory Limitation and his rights under
section 2,309 Revised Statutes are exhausted,
and he cannot legally file another 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 Gf
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 fl
ing a homcstea declaratory statement is
equivalent TO making a homestead entry, and
that having made such fling nothing more is
required of them than to go upon the land to
reside, and at the proper time make final
proof. To correct this false impression have
taken tho 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 Observation-Disclosures
Cor. Chicago InteI-Occdn.