Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1883-06-14
the PUBLIC LAND Laws.
How ssseea.e th. Benefits rhereo

AArhs IObLkS LAWS,
How sSSeease the Benefits Thcreo
None of the lands of Dakota have
ever been offered at public sale, all hav-
ing been rcseFveI 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 femaley over the age
of twenty-one years, citizens of the
United States or who have declared
their intention Of becoming such under
the naturalization laws, may enter up
on any unsurveyed lands to which the
Indian title is extinguished, and pur-
chase mes exceeding 1G0 acres under the
presumption laws.
When the tract has been surveyed
the claimant must file his or her declar-
atory statement within three months
from date of settlement. Settlement
is the first thing to be done under the
pre-emption laws.
When settlements are made OH un-
surveyed lands, settlers are required to
file their dcclaratory statements within
three months after the date of the re-
ceipt at the district land office of the
approved plat of the township emDrac-
ing their claims, and make proof and
paymest within thirty months from,
the expiration Of said three months.
Pre-emptors may submit proofs of
residence and improvements at any
time Tfter six months of actual resi-
dence. He must show by his own tes-
timony and by two credible witnesses
such actual residence and cultivation
a habitable dwelling and other ini-
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 homestead, and the
time he has resided upon the land is
credited on the homestead residence if
he desisres. No person who al9eudcns
his residence on his own land to reside
on public land in the territory or who
owns 320 acres Of land is entitled to the
benefits of the presumption 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 6pst fling 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
newspaper to be BY him designated as,
nearest the land, once week for six.
weeks, at the applicants expense.
HoaIlsTEADs.
The law allows but one homestead
privilege to any one person.
Any person who is the head of a fam
lily or who has arrived at the age of
twenty-one years; and is citizen of
the United States, or has filed his dec
laration Of intention to become such,
is entitled to enter one-quarter section
or less quantity of unappropriated pub
lie land under the homestead laws.
The applicant must make an affidavit
that he is over the age of twcnty-one,
or is the head Of a family, and that he
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 actual
settlement and cultivation, and must
pay the legal fee and that part of the
commission. required to be paid when
entry Is Made, as follows: For 16O
acres, $ts.Go;; for SO acres, 500; for 40
acres, S6.eg When these requirements
are complied with the receiver issues
his receipt in duplicate and the matter
is entered On the records of the office.
a flor =. ffl,f al, nf
in regard to actual settlement and cul-
tivation for the continuous term of five
years. at Che expiration Of that term or
within two years thereafter final proof
must be made, and if satisfactory to
the land officers, the part of the com
missions remaining unpaid, to-wit: For
l6O acre, S4.O0; for so acres, $500; for
40 acres, Sl0o, must be paid. The reg
lister then issues his certificate and
makes proper retsTns to the general
land office, as the basis for patent.
Any settler aesising to- make final
proof, must first file with the register
written notice Of his intention, de
scribing the lsaid and giving the names
OF four witnesses by whom the facts as
to settlement, continuous residence,
cultiyatioa, ETC., are to be established,
which notice must be published by the
register tine same as in pre-emption
proofs.
Final proof cannot be made until the
expiration of five years from the date
of entry, and must he made within two
years thereafter. In making final
proof the homestead Satflar NAV an |