Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1883-05-31

None of the lands of Dakota have
ever been offered at public sale, all hav-
ing been reserved for homestead, pre-
emption and timber claims on account |
of their agricultural value and because
this system is more in accordance with |
the interests of the masses and not for
spectators, as under the public sale
system. Sioux half-breed scrip can be
used to purchase any surveyed land, but
very little of this scrip is now outstand-
ing.
PRE-EMPTIONS.
Heads of families, widows or single
persons male or fcmale), over the age
of twenty-one years, citizens of the
United States or who have declared
the naturalization laws, may enter up
on any unsurveyed lands to which the
Indian title is eXtinguished, and pur
chase not exceeding 160 acres under the
pre-emption laws.
When the tract has been surveyed
the claimant must file his or her declar-
from date of settlement. Settlement
is the first thing to be done under the
pre-cmption laws.
When settlements are made on un-
surveyed lands, settlers are required to
file their declaratory statements within
three months after the date of the re-
ceipt at the district land office of the
approved plat of the township embrac-
ing their claims, and make proof and
payment within thirty months from
the expiration of said three months.
Pre-emptors may submit proofs of
residence and improvements at any
time after six months of actual resi-
dence. lie must show by his own tes-
timony and by two credible witnesses
such actual residence and cultivation
a habitable dwelling and other i'm
provementS-to the satisfaction of the
land officers, that the spirit of the law
may be complied with.
AT any time before the expiration of
the time allowed for proof and pay
ment, the settler may, by making
proper application at the land office and
payment of the required fee, convert
his claim into a homestead, and the
time he has resided upon the land is
| credited on the homestead residence if
he desisres. No person who abandons
his residence on his own land to reside
on public land in the territory or who
owns 800 acres of land is entitled to the
benefits of the pre-emption laws. 1t is
held, however, that this provision does
not apply to a house and lot in town.
Claims cannot be transferred until title
is perfected. The second filing of a
declaratory statement by any pre-
emptor, when first filing was legal in
all respects, is prohibited. Before
proof and payment on pre-emption
claims, written notice must be given
by the claimants to the register, who
must post a notice in his office and
cause the same to be published in q
newspaper to be by him designated as
nearest the land, once week for six
weeks, at the applicants expense.
IIOMEaSTEADS.
The law allows but one homestead
privilege to any one person.
Any person who is the head of fam
lily OF who has arrived at the age OF
twenty-one years, and is citizen ol
the United States, or has file'i his dec
laration Of intention to become such
is entitled to enter one-quarte -ior
or less quantity of unappropriy tr,l pub
lie land under the homestead laws
The applicant must make an affidavit
that he is over the age of twenty-one
or is the head of family, and that ht
is a citizen of the United States, or has
declared his intention to become such
and that the entry is made for his ex
elusive use and benefit and for actua
settlement and cultivation, and mus
pay the legal fee and that part of th,
commission required to be paid whe1
entry is made, us follows: For 16l
acres, $14O0; for so acres, 500; for IL
acres, 5000. When these requirement.
are complied with the receiver issue
his receipt in duplicate and the matte
is entered on the records of the office
!. After faithful observation of the law
in regard to actual settlement and cul
tivation for the continuous term of fiv,
years, at the expiration of that term o
within two years thereafter final proc
must be made, and if satisfactory t,
the land officers, the part of the com
missions remaining unpaid, to-wit: Fo
100 acre, s4.00; for 80 acres, $500; TO
40 acres, S1.OO, must be paid. The reg
: lister then issues his certificate an,
makes proper returns to the genera
land Office, as the basis for !. patent.
Any settler desiring to make fina
, proof, must first file with the registei
!, a written notice of Ills intention, de
scribing the land and giving the name
of four witnesses by whom the facts a
to settlement, continuous residence
cultivation, etc, are to be established
. which notice must be published by tn
register the same as in pre-emptiol
proofs.
Final proof cannot be made until tn
expiration of five years from the dat
of entry, and must be made within tw
!, years thereafter. In making fina
proof the homestead settler may az
pear in person at the district lam
: office with his witnesses and ther
make the affidavit Or proof required, o
$ he may, il by reason of bodily infirmit,
or distance, it is inconyenient for hi.
! to appear at the land Office, with hi
witnesses appear before the Judge o
! clerk of a court of record of the count
: and district in which the land is situa
| Il Il. 4. Z