The National tribune., 1883-05-10
PUBLIC LAND ENTRIES.
The General Land Offices Last Circu-
lar Of Instructions.

relative to entries under the homestead, pre-
emption, and timber-culture laws:
DEPARTMENT OF THE INTERIOR,
GENERAL. LAND OFFICE
WASHINGTON, d. c., March 20, 1888.
To REGISTERS AND RECEIVERS.
GENTLEMEN You are instructed to deliver
to applicants for land under the homestead,
pre-emptiOn or timber-culture acts, copy of
this circular, and to especially call the atten-
tion of the applicant to the requirements of the
law under which the application is made.
RESIDENCE OF APPLICANT.
l. The applicant must in erery case state in
his application his place of actual residence and
the post-o6ice address to which notices of con-
test or other proceedings relative to his entry
shall be sent.
SECOND FILINGS AND ENTRIES.
g. A party making legal filing or entry un-
der any one of the foregoing acts exhausts his
right under that act and cannot thereafter
make another filing or entry under sal
ALTERATIONS IN APPLICATIONS.
g. Applications to amend filings or entries
should be filed with the Register and Receiver
and be by them transmitted for the consdera-
tion of this Office. Registers and Receivers
will not change an entry or filing so as to de-
scribe another tract or change Il date after the
same has been recorded.
RELINoUIsHMENTs.
4. Entries and filings made for the purpose
of holding the land for speculation and the sale
of accomplishments are illegal and fraudulent,
and every effort in the power of the Govern
ment will be exerted to prevent such frauds
and to detect and to punish the perpetrators
| 5. The first section of the act of May a. 1880,
provides that when pre-emption, homestead,
or timber-culture claimant shall file a written
REIMBURSEMENT of his claim in the Land Office,
| the land covered by such claim shall be held as
| open to settlement and entry without further
action on the part of the Commissioner of the
| General Land Office.
| 6. This act refers to bona fde ACCOMPLISHMENTS
of bona .fde entries. An entry fraudulent in
| its inception is not an entry capable of being
relinquished. 1t is an entry to be cancelled
upon the proper showing of the facts and cir
cumstances of the case, whereupon the land
will become subject to proper entry by the first
| legal applicant
T.. Purchasers of relinquishments of fraudu-
lent filings or entries should understand that
! they purchase at their own risk so far as the
| United States is concerned, and must seek their
! own remedies under local laws against those
who, by imposing such accomplishments upon
| them, have obtained their money without val
liable consideration.
SETTLERS ON UNsURvEYED LANDS.
g. Homestead and pre-emption settlers on un-
surveyed lands are allowed three months after
the filing of the township plat of survey within
which to put their claims on record. Accord
ingly no party will be permitted to make final
proof in any case until after the expiration of
said three months.
THE HOMESTEAD LAWS.
| g. Homestead entries can be made for not
more than one quarter section, or 160 acres of
land
| 10. The land office fees and commissions pay
able whea application is made, are as follows:
In Alabama Arkansas, Dakota, Florida Iowa,
Kansas, Louisiana, Michigan, Minnesota, Mis-
souri, and Nebraska
Land at 81 so per acre. Land at IS per acre.
For 16o acres......~slsOo For 100 90
so 900 SO " :........ 7oO
40 700 40 " 6OO
In Arizona, California, Colorado, Idaho,
| Montana, Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming
i Land at $3.50 per acre. Land at 81. .25 per acre.
For 16o acres....se2oo 90 For 1eo 90
tst 40 I" . 500 a. 40 50 ........ 6JC
IL. When person desires to enter tract OF
land upon which he has not established resi-
dence and made improvements he must appear
personally at the district land office and present
his application, and must make the required
affidavits before the Register and Receiver.
12 He must then establish his actual resi-
dence Gn house, upon the land within six
months from date of entry, and must reside
upon the land continuously for the period pre-
scribed by law.
Is. In the case of single person, the actual
residence must be established within the same
time, and must be continuously and actually
maintained for the same period.
IA. The homestead affidavit can be made be-
fore the clerk of the county court only in cases
where the family of the applicant, or some
member thereof, is actually residing on the land
which he desires to enter, and on which he has
made bona tide Improvement and settlement
and when he is prevented by reason of dis
tance, bodily infirmity, or other good cause
from personal attendance at the district land
office.
Is. In such cases the applicant must state in
supplemental affidavit the facts of such set
tlement, improvement, and residence; what
acts of settlement have been performed, and
when made; the nature, extent and value Of
the improvements; what member or member:
! of his family are residing ON the land, and the
length of time such residence has been main
tanned, and the cause, specifically, why the ap
plicant cannot appear at the local Office.
16 A false oath taken before clerk of s
court is perjury, the same as if taken before th'
Register or Receiver.
H. The period of actual inhabitancy, i'm
, provement, and cultivation required under tht
} homestead law is five years.
49, In case of the death of homestead party
before making final proof the widow succeed.
) to the homestead right
49, In case of the death of both father an(
. mother, the right and fee inure to the mino
children, if any.
20. A homestead right cannot be devised
away from the widow minor children.
; SOLDIERS HoMEsTEADs.
21 A Union soldier or sailor of the late wa
is entitled to deduction from the five year
of the length of time {not exceeding four years
of his military service. But the soldier tor hi
widow, as the case may be,) must actually re
side on the land at least one year before fna
proof can be made.
%. In case of the death of the soldier, an,
3 the death or re-marriage of the widow, tn
minor children of the soldier by duly ap
pointed guardian, are entitled to the privilege
of the father.
%. Neither the guardian nor the minor chill
!. dren are required to reside upon the land, bu
> the same must be cultivated and improved TO
n the period of time during which the fathe
L would have been required to reside upon tn
a tract.
"a. The soldier may file declaratory state
! ment for tract of land which he intends t
: enter under the homestead laws. The fee
: $500, except in the Pacific States and Terrific
!, ries, where the fee is $500.
%. This statement may be filed either per
! sonaly or by an agent, and the soldier is there