The National tribune., 1883-05-10

land, subject to such right as the soldier may
acquire by virtue of actual residence on the
land and full compliance with law. If the SOL
dier does not establish his residence ON the
tract as required, the next conner may take the
land
80. Soldiers are not entitled to land, nor TO
bounty land warrants, for their military serv-
ice in the late war, nor can title to land be OBJ
tanned for them by agents or attorneys All
representations to the contrary are false, and
soldiers and sailors are warned against impo-
sition by parties who offer to locate land for
them or to sell their rights.
FINAL PROOF.
81. settler desiring to make final proof
must file with the Register of the proper land
office written notice, in the prescribed form,
of his intention to do so, which notice will be
published by the Register in a newspaper to be
by him designated nearest the land, once
week for six weeks at the applicants expense.
81 Applicants should commence to make
their proofs in sufficient time so that the same.
may be completed and filed in the local office
within the statutory period of seven years from
| date of entry.
So The final affidavits and proof should be
made before the Register or Receiver, but may
| be made before the judge, or, in his absence,
! before the clerk, of court of record in the
| county and State, district, or Territory, in
| which the land is situated. III IN an unOrgan-
lied county the proof may be made in similar
manner in any adjacent county In the same
State or Territory
"a. When proof is made before the county
officers mentioned, the same must be trans
mitted by the judge or clerk of the court to the
| Register and Receiver together with the same
fees and commissions that the land officers
would have been entitled to receive if the proof
/ had been made before them and the testimony
reduced to writing by them.
/ 80. The land office commissions, payable at the
time Of final proof, are as follows:
| In Alabama, Arkansas Dakota, Florida Iowa,
Kansas, Louisiana, Michigan, Minnesota, Missis-
sippi Missouri, and Nebraska
Land at $50 per acre. Land at 1.25 per acre.
For 100 aeres....SS.OO For 100 acres........-s00 90
s. so :" .......... 4OO 50 - ........... 2O0
!" 40 {" ..-. 200 40 .. LOO
In Arizona, California, Colorado, Idaho, Mon
tana, Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming
Land at $3.50 per acre. Land at 81 .25 per acre.
For 160 acres...Sl2OO For 100 aeres........-s6OO 90
(" 40 - 500 4" 40 4" ..... $50
36. The fees for reducing testimony to writ
ing in making final proof are, in the former
States, 10 cents, and in the latter States and
| Territories, 221 cents for each 100 words. No
other land office fees than those stated in this
circular are payable or allowed in homestead
cases.
COMMITTED HoMEsTEADs.
81. Homestead entries can be eomfnuted to
cash only after actual inhabitancy OF the land
by the homestead party and his improvement
and cultivation of it for period of not less
than six months.
3S. A person who commutes homestead
entry cannot move from the tract and settle
upon other public land in the same State or
Territory as pre-emptor.
49, Proof of settlement and cultivation for
the prescribed period is to be made III the same
manner as in pre-emption cases.
40 A person committing homestead entry
when he has not actually resided upon the land
and improved and cultivated it as required by
law, foeits all right to the land and to the purchase
money paid, and in addition thereto renders
himself liable to criminal prosecution.
THE PRE-EMPTIoN LAW.
Al. The qualifications required of a pre-
emptor are that he Tor she) shall be a citizen of
the United States Tor have declared an inten-
tion to become such, over 81 years of age or the
head of a family; an actual inhabitant OF the
tract claimed; and not be the proprietor of 800
acres of land in any State or Territory.
az. A person who has removed from land of
his own TO reside on public rand IN the same
State or Territory, or who has previously exer-
cised his pre-emption right, is not qualified
pre-emptOr.
43. Lands included in any reservation, OF
within the limits of an incorporated town, OF
selected as the site of a city or town, or act
ually settled and occupied for purposes of trade
and business and not for agriculture, or on
! which there are any known salines or min
erals, are not subject to presumption
"A. If the land is surveyed, but has not been
''offered the declaratory statement must be
filed within three months from date of settle
ment. If upon Offered land, the filing must
be made within thirty days.
45. If the land is unsurveyed at the time of
settlement, the deelaratory statement must be
filed within three months after the date OF
filing the township plat in the local office.
46. Failure to file declaratory statement
within the time prescribed makes the land
liable TO the claim of an adverse settler who
does file notice of his intention at the proper
time.
AZ The land office fee for filing declaratory
statement is $500, except in the Pacific States
and Territories, where the fee is $500.
As. A pre-emption filing can be made only
by an actual settler on the land. A filing with
out settlement is Illegal, and no rights are
acquired thereby.
49, The existence of pre-emption fling on a
tract of land does not prevent another filing tC
be made of the same land subject to any valid
rights acquired by virtue of the former filing
and actual settlement, if any.
90 On offered lands proof and payment must
! be made within twelve months from date o.
settlement.
F 81 If the land is un0fered, proof and pay
ment may be made within thirty-three months
from date of settlement.
%. A failure to make proof and payment a
prescribed by law, renders the land subject tC
appropriation by the first legal applicant.
, 53, The requirements of actual inhabitaney
and improvement must be observed as strictly
under the presumption law as under the home
stead law.
. 54 Failure to inhabit and improve the lane
in good faith, as required by law, renders the
claim subject TO contest and the entry to inyeS
: tigation and cancellation.
90. Final proof in presumption cases must b'
I made to the satisfaction of the Register anC
Receiver whose decision, as in other cases, i
subject to examination and review by thi
I Office.
56. Publication of notice to make proof
required as in homestead eases.
81. The final affidavit must be made befor
+ the Register or Receiver or before the clerk o
S court of record in the county and State o
} Territory where the land is situated. If in al
5 unorganized county the proof may be made il
: a similar manner in any adjacent county in tn
] same State or Territory.
So. The pre-emptor is required to make oatl
1 that he has not previously exercised his pre-
Q emption right; that he is not the owner of 32
= acres of land that he has not settled upon AM
S improved the land to sell the same on specula
tion, but in good faith to appropriate it to hi
: own exclusive use; that he has not made an,