Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1884-12-27
THE Land Laws.

There are several millions of acres of public land
yet remaining In this district, subject to entry. Much
Of this land is the very best quality for agricultural
purposes, while there 10 q vast area that experience
has shown to be the very best grazing land in the
west A party intending to locate a claim should
either make personal inspection of the land he intends
to enter, or have the report of some trusted friend who
has made personal inspection Of the land After an
entry has once been made, even II It Is found to be
worthless, It is very difficult and in most instances i'm
possible to obtain the privilege Of making another
entry.
The public lands In this Territory are subject to
entry under the homestead, presumption and timber
culture laws. One hundred and sixty acres can be en-
tered under each law. A party can make . homestead
and timber culture entry, or q presumption and timber
culture entry, at the same time, but he cannot take =
homestead and presumption claim At tho same time.
party who Is twenty oiae years Of age, or who is at
the head Of . family can m IKE an entry Of puplic land.
A woman who is the hesd of q family, o, a single
woman who Is over twenty-sne yesrs of age can make
entry of public land.
Only those persons who a re native born citizens of
the United States, or who have declared their intention
to become citizens can avail Il iems lives of the privilege
OF the land laws. No person Of foreign birth can OBJ
tain any right to land by &C sual settlemen Mt before he
has declared his intention to become . citizen; hence
the first thing that . person OF foreign Dir tn, who In.
tends to enter public lands, should do upon his arrival
10 to 60 before the Clerk Of tn . court and declare his In.
tention to become a citizen. l,oparty who Is the owner
OF $50 acres Of land In any st ate or Territory can take
. presumption claim; neither cln any person who leaves
land Of his own In this Territory to 60 upon the public
land obtain any presumption right by settlement.
Ownership to land Is no bar to making a homestead
entry. To make = legal presumption claim, a party
should first make actual settlement upon the land, and
then within ninety days from such settlement. ho
should file his declaratory statement in the local land
office. A filing made without prior settlement Is null
and void and confers o bright upon tho settler, and even
If he has valuable Improvements and has been an actual
resident upon the land his claim is subject to forfeiture
In the presence ofan adverse claim, or even when therc
Is no adverse claim. Hence, no party should file & do
claratory statement for land until after he las made an
actual settlement upon the same. The law allows
ninety days from settlement In which to file, and the
party's right dates from the time of settlement and not
from the time of filing.
A party can obtain a legal right to one hundred and
sixty acres under the presumption law prior to the sur
Wy of said tract ~ making settlement upon the same.
In making settlement upon unsurveyed land the set
tier should frst deiguate the tract claimed by him by
subsequent settler upon the: same tract will be subject
to the right Of ths first settler. The right of u settler
dates FROM the date of his settlement upon the land,
and he Is allowed ninety days after the township plat
IL filed in the local land Office in which to file his pre-
emption declaratory statement. After Tn actual real
dence OF six months upon land q settler can make pay
mont for the same At $l.25 per acre. He can make
payment for the land at any time within . period Of
thirty three months from the date Of settlement after
showing . continuous residence upon the land for six
months prior to the date of making proof. OF course
payment cannot be made for land until after 1t Is sur
veyed and comes into market. A party possessing the
same legal qualification a . presumption claimant can
take one hundred and sixty acres under the homestead
law. Under the presumption law : party acquires his
right by actual settlement; under the Homestead law i
party can gain an actual right by making an entry ut
the local land Office, and then he fs allowed six months
from that date in which to make his actual settlement
and establish his residence. A settler can make pay
ment for his land At IS per acre after six months c,n-
tinuous residenee aud Improvement Of the land.o or If he
continues his residence for 6veysars he can obtain title
to the claim without payment. Payment at g. Is per
acre can be maae for lail ID at any time during five years
fom date OF entry, after ak months residence next pre-
ceeding tho payment. III it 10 shown that q party has
abandoned his land for a period Of six months the entry
Is subject to forfeiture.
Aparty can take one hundred and sixty acres under
the timber culture act. The requirements of this law
arc that tho party shall break five acres during the
first year from date Of 81 ltry; during the second year he
must cultivate to crop or otherwise said five acres and
break i've acres more. NJ ID the third year he must plant
the 1arst hve acres to tre a, seeds or cuttings, and Guilt
vats thu second five aero ) to crop or otherwise. and tbs
fourth year the second five acres must be planted to
trees, seeds or cuttings. 't -