Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1883-06-14
cash for the benefit of the children and


other party before the completion OF
title is not recognized. IN making
final proof the settler mast swear that
no part of the land has been aAenated,
except for church, cemetery, or school
purposes, or rjght-ef-@ay of railways.
Homestead claims may be relin-
qnished, but in such cases the lands re-
vert to the goverifaHeht. If y settler
does net wish to remain five years on
his traet he may commute it to cash
after actual inltabiGancy and cuHiva-
tion of the land for a period OF Sin
months or mere by making payment
therefor at tAe rate of S1.a5 per acre.
a person Mhe' commutes a homestead
entry cannot move from the tract and
settle upon other public kinds in the
same state OF territory as y apre-emptor.
a person comlnating a homestead en-
try when he has not actually resided
upon the land and improved and culti-
waited it as required by law, forfeits all
right to the land and the purchase
money paid.
Every person who served not less than
ninety days in the army op navy Of the
United States during the recent rebel
lion," who was honorably discharged,
may enter Il homestead, and the time of
his service shaft be deducted from the
period of five years, provided that the
party shall reside upon and cultivate
his homestead at least one year after he
commences improvements. The widow
ola soldier, or if she be dead, or married
again, the minor heirs Of any may,
thfohgh their guardian, make Il home
stead entry. and if the soloicp died.in the
service his whole term Of enlistment will
be credited upon the terms of required
residence. Soldiers and sailors, as
above may file a homestead declarato-
ry statemement for 100 acres of land
through an agent, after which they
have six months to file their home
stead. This latter entry must be made
in person. Thus a soldier who desires
to secure a clam may do so by sending
a power OF attorney and - certified
copy of his discharge to some response
bic party, who can ale for him upon
the land selected Soldiers are not en-
titled to land, nor to bounty land war-
rants, for their military service in the
Late war, nor can title to land be OBJ
tanned for them by agents or attorneys.
All representations tosthe contrary are
false, and soldiers and sailors are warn
ed against imposition by parties who
offer to locate land for them, or to sell
their rights. Lands acquired under
the homestead laws are not liable fep
any debt contracted prior to the issuing
of the patent therefor.
TREE CLAIMS,
Under The timber culture laws not
more than l60 acres on any one section,
entirely devoid Of timber, can. be en-
tered, and no person can make more
than one entry hereunder.
The qualifications of applicants are
the same as under the pre-emption and
homestead laws. Theland office charges
are, for an entry of more than eighty
acres. $l4.00, and the same fee at final
proof; for eighty acres or less, $500.
The applicant must make affidavit that
the land specified in his application is
exclusive prairie, or other land devoid
of timber, that his filing or entry is
made in good faith and not for the pur-
pose of speculation, nor directly OF in,
directly for the use Of any other person
or persons; that he Intends to hold and
cultivate the land and comply with the
laws, and that he has not previously
made an entry underline timber culture
law.
The party making an entry of a quar-.
ter section is required to break or plow
five acres covered thereby during the
first year, and five acres in addition du-
ring the second year. The five acres
broken or p!oWed during the first year
he'is required to cultivate by raising a
crop or otherwise during the second
year, and to plant in timber, seeds, or
cuttings, during the third year. The
five acres broken or plowed during the
second year he is required to cultivate
by raising a crop or otherwise, during
the third year, ard TO plant in timber,
seeds, or cuttings, during the fourth
year. For entries of less than 100 acres
the amount of land to be cultivated
must be pro rata. Provision is made
for extension of time in case drought or
or grasshcppers destroy trees. These
trees he must cultivate and protect, and
If, Mt the expiration of eight years from
date of entry, or at any time within
five years thereafter, the entrant, or, if
he be dead, his heirs shall prove, by
two credible witnesses the planting,
cultivating and protecting the timber
for not less than eight years; that not
esS than 200 trees were planted on
making proof there are growing at least
675 thrifty living trees to each acre.
Failure to comply with airy OF the ne
quirements Of the law at any time after
one year from date Of entry, renders
such entry liable to contest, and upon
due proof of such failure the entry
will be cancelled. No land acquired
under this law will in any event be-
come liable to the satisfaction of the
debt or debts contracted prior to the
issuing Of the final certificate therefor.
Only an applicant for the land under
the timber culture or homestead laws
can institute a contest. and the contest
ant will have preference right of
thirty days after cancellation in which
to make entry of the land.
REMARKS
4 qualified applicant cannot take
homestead and pre-emption claim at
the same time, but he may take either
and tree claim at the same time. A
man may take a pre-enTption and tree
claim, and after proving up and obtaiu-
ing title to his pre-emption, may then
enter Il homestead.
In case the settler lives at distance
1,h InT IL ~ Il T..
proof and payment of his claim under
the presumption law he can have the
testimony of his witnesses taken before
any notary public in the district, and if
he further desires. can have his own
testimony taken before a clerk of the
court, and these he can transmit, with
the necessary amount of money to pay
for his claim to The register. and re-
ceiver or to some. reliable party, who
can present the proof and money to
them and obtain their receipt and GER
4 IN fn, no. J.>,