, 1885-07-31
Points for Land settler..

INV ~ as"ho
Any land entry hat is based on a
sworn to lie is fraudulent. By settlement
is meant the act by which claimant shows
his intention to claim the land. Usually
it consists in building a shanty or break
ing the sod. Contests are often decided
by the dates of settlement. Legal settle
ment cannot be made by an agent, not
even by a member of the family. The
settler must go in actually upon the land
he desires to secure and perform some act
Of settlement. The settlement act of
widows and spinsters may consist in Civ
ing orders to a hired man, but the orders
must be carried into effect. A pre-emp-
ton filing must be preceded by settlement,
but the defect may be cured by making
settlement before another person com
mences an adverse settlement. Filings
and entries based upon settlement must
be made within one month of settlement
on offered land, and within three months
on unoffered land.
"A claimant who swears to settlement
n or two months, or years, or other
wise, before the real date of settlement,
is guilty of perjury and beside commit
ting a crime, his entry is liable to con-
test. Parties who swear falsely to settle
ment on school sections before survey,
gain nothing if anybody chooses to report
the truth to the general land Office.
Aliens cannot make legal entry or settle
ment until they have declared their in
tentions to become citizens. Married
women cannot be settlers unless deserted
by their husbands, No one under 81
years, except the head of a family, can
make settlement or entry. All entries
made contrary to the above are subject to
contest.
Homestead and presumption claim
ants must comply with the law in the
matter of residence. The entries of herds
men, miners, business and professional
men and other people whose ~employments
keep them away from their farms are
liable to contest. Visiting claims once a
week or occasionally during u month is
not residence. Poverty sometimes ex-
cuses o residence, but pretended pov.
erty never. There must be sufficient
breaking and cultivation of the land, and
improvements, such az buildings, clear
inRs, fences, well, etc, to show good
faith and honest intention. Where little
or no breaking or cultivation or improve
ments are shown, especially if residence
has been doubtful, the entry is liable to
successful contest.
Timber culture entries must be on
land naturally devoid of timber. The
claimant must actually come within the
land district to swear to his entry papers.
The third year after entry, five acres, pre-
viously broken and cultivated, must be
planted with trees, cuttings or seeds. The
same with five acres more during the
fourth year. These must be cared for
and cultivated. If not, the entry can be
successfully contested. Residence is not
required. An agent can do all the work,
but the cntryman is held responsible. I'm
provements made by a prior claimant are
credited on the purchaser $ claim. Desert
land entries cannot extend more than a
mile and a quarter in any one direction
and cannot embrace cultivated or timber,
or grassy lands, The desert land must
be brought to an agricultural condition
within three years from the date of entry
or the entry will be liable to contest.
The act of congress of May IA, 1850,
holds out as an inducement to contest
fraudulent entries, the privilege or pref
erence right to entry for thirty days after
cancellation, where contestants are duly
qualified to make entry. A preferred
contestant anu sell his right of entry 50
as to invest the purchasers with the privi-
lege, Such purchaser must take his
chance with other claimants, In general,
all entries wherein the requirements of
law are not fully met are liable to contest
and under amended rule Of practice No.
IS, the hearing may be had neal the land
involved, All rulings of the local officers,
as well as the commissioner of the general
land Office, that involve the denial of a
supposed right, are subject to an appeal
to a higher tribunal, and valuable lands
are frequently lost by not taking such ap-
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