Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-06-28
nlIlY POST lBfELLlGEECgR.
r.r-Enrrress AND neMEsTEADs.
pRE-EMFTIoxs.

,.r-xuPruoSs AND nOMEsTEADs. 4
pRE-KMrrIoSs.
Hinder the pre-emp,ion law the essen
ial uroceedinQs consist of settlement.
statement. residence and
Improvement, final proof of compliance
1ith the Law and payment for the land
4 the fixed price Of 81 Is per acre
7minimum), or &2 5o-per acre double
minimum.) Presumption consists OF
prior right 70 purchase, and cannot be
Stained bat once by any person, nor can
4 be claimed by any one who owns 30
scres in any State or Territory. Inc
privilege is restricted 20 heads OF ram
lies, widows or single persons over tne
noe Of q, who are citizens OF the Lniseo
States, or who have declared tneif IN
tention to become citizens as required
by the naturalization laws. The neao
OF q family means the actual hvin9
head Of family. A deserted wiie may
b the head Of a family. A single
woman can pre- empt, provicina shs
does not marry after ming nef oe-
claratory statement. Presumption can
not be carried on by proxy.
i ike the .snot transferable legend on
4 bali ticket--"no gentleman admitted
miles he comes hisself." go tenant
cannot hold land for his landlord while
the latter's title Ia inchoate. Instances
have beeu known where the tenent has
triuuphantly supplanted his principal.
The firat step taken il the settlement on |
the land, which may or may not be sur
viewed. Nearly all the land Ia TINS
State has been nominally surveyed.
settlement ia evidenced by the act OF
entering upon the land With the IN
tention of remaining, In conjunction
With acts of improvement, such "a
building house, clearing timber and
building fences. IL on surveyed land
the settier must file his deciaratory
statement with the Register Of the dis
trict Land Office within three calendar
months after settlement. III on unsur-
veyed land the settler must wait until
his land il surveyed and the plas nied
In the Land q ce. Within three
mouths after that time he must file his
statement. although he can gain all the
time possible by his previous settlement.
Under no circumstances can he Me be
fore settlement, nor can any party Me
under the Presumption and Homestead
laws at the same time.
REsrDKscE AND IMPROVEMENTS.
Az 20 the suf6ciency of residence and
improvements, great deal depends mp
on the opinions and rules held at the
local Land Office and many cases pass
readily through some Offices. while
similar ones stick in others. The good
faith of every claimant must be clearly
proven. Four pre-emptors may have
built one house over the common corner
10 four claims, and IL each has lived In
his own corner Of the house he has
maintained a lawful residence. In all
casee where the Government alone is
concerned the laws are literally con-
strued, bat when the rights of one
claimant are weighed against another a
YiCid construction IL maintained. An
unlawful occupant cannot prevent the
legal settlement Of qualified pre-
emptor on public lands. That il, II a
settler II prevented by force from iiv-
ing on his claim. no il thereby excused
from maintaining actual habitancy and
residence. This relates only to force or
resistance on the part OF an adverse
claimant. II tho force should be ex-
ertcd by officers of the Law 10 detain tue
claimant in Jail, his rights would tie
unprotected. After six months resi-
dsnce and within thirty three months
from date of settlement, orr from
date when the map was
died in the land Office the settler must
make proof Of compliance with the Law
and make payment Of the money due as
the price OF his land. After Publishing
notice Of his intention for the space OF
thirty days. he presents the documents
20 psOvo his rights. These consist of
his own formal affidavit and his spe citic
testimony relating TO the facts to be
ascel tanned. together With the testimony
of two witnesses In veritication. Should
the case BE- ono of settlement on unsur-
veysd land, made as much as six months
before filing the declaratory statement,
the ssttler can give the thirty days
notice ut Onoe al soon m he has filed.
il In evident that an actual and contin
nous residence Of six months Is required
and the time may DO thirty-three
months II the settler allows that time TO
elApee between settlement and final
proof. Payment IL made in cash or its
equivalent in warrants or scrip. The
recsipt for hnal payment Is evidence OF
title. and IL any troubles have arisen
they end at this point, when the receipt
h issued. The formal patent does not
come for long time afterward, but its
delay 10 OF no consequence.
PnE-ExPTIoS HoxEsrEAps.
when any one has made settlement
on tract and fled his presumption de-
olaration therefor, he may change his
filing into q homestead II he continues
70 comply In good faith with the law
until the change 10 effected. Then the
time he has resided as pre-emptor
will be placed 70 his credit AZ home
steader, In 90 doing he must. in his
6rst homestead affidavit, set forth the
fact Of his previous filing, the time Of
actual residence Hereunder and the in
tention to claim the benefit Of such
time. In making final proof on his
homestead entry there Is special affi-
davit for him 70 use. This transmutas
ton In great accommodation in cases
where there Il no danger of contest
and where permanent home makes
the reeidence quite convenient.
HoMEsTEAps.
Citizens and those Who have declsred
their intention Of bcco ming citizens, ir-
respective Of the amount OF land already
owned, NAV claim homestead ON either
surveyed or unsurveyed land which il
not mineral in character. Outside Of
railroad rsservations 160 ac-es may be
taken. Inside Of the reservation the
aAme amount may be taken il on an
even section, but only 50 acres on an odd
section. In tho latter case no entry can
be made unless settlement was made
before the grant Was made 10 the rail
road. Formerly but 80 acres c,uld BE-
entered ~ homestead anywhere Within
the limits Of reservation, bat the Law
Of March 81, ls19. nos gives the settler
right TO enter an additional 30 acres
urovidinR the orig nal entry was on m
even section, and providing be can nov
ind land adjoining which Is subject IA
entry.
CrrrZKNsHrr.
4 few vords 10 define citizenship MAY
Be useful at this point. since aliens can
uce perfect title to land under the ordi
nary land laws Of this country. ANY
fres white alien oyer the age of n year.
may NJ any time after arrival decl an
his iutsntion Of becoming citizen aus
must tberrup forever renounce al
foreign allegiance. The declaration
must BE- made at least two years before
application for citizenship. After Nv,
yeAfs' residence and after two year,
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