Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1885-09-12
The Land Laws.

AS"A S""o
There are several millions of acres of public land
yet remaining in this district, subject 10 entry. Much
Of this land is the very hest quality for agricultural
purposes, while there is u 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 tho land. After an
entry has once been made, even if it is fonnd to he
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 a homestead
and TIMBER culture entry, or a prescription and tilabcr
culture entry, at the same time but he cannot take a
homestead and presumption claim at tho same time.
A party who Is twenty one years ofage, or who is at
the head Of Il family can make an entry of puplic land,
A woman who is the head Of a family, o. a single
entry of public land.
Only those persons who are native born citizens OF
the United States, or who have declared their intention
to- become citizens can avail thems ,lves OF tho privilege
OF the land laws. No person of foreign birth can OBJ
tain any right to land by actual settlement before he
has declared his intention to become a citizen; hence
the first thing that a person Of foreign birth, who in
tends to enter public lands, should do upon his arrival
is TO- go before the Clerk Of the court and declare his in
tention to become a citizen. No party who is the owner
OF s2o acres OF land in any State or Territory can take
a ~e.emptl claim; neither can any person who leaves
land Of his own in this Territory to go upon the public
lana Obtaln any presumption right by settlement.
ownership to land is no bar to making homestead
entry. 10 make n legal presumption claim, a party
should first make actual settlement upon the land. and
then within ninety days from such settlement. he
should ME his declaratory statement in the local land
once. A hllng made without prior settlement is null
ana vold and ccnfers no right upon the settler, and even
ifhe has valuable improvements and has been an actual
resident upon the land his claim is subject to forfeiture
in the presence OF an adverse claim, or even when there
is no adverse claim. Hence, no party should file q de-
claratory statement for land until after he has made an
actual settlement upon the same. The law allows
ninety flVS from settlement in yC1icl, m Gln ,"J H.,
party's right dates from the time of settlement and not
from the time of filing.
A party can obtain II legal right to one hundred and
,xty acres under the presumption law prior to the sur
wy OF said tract BY making scttlcmen upon the same
IN making settlement upon unsurveyed land the set
tier should first designate the tract claimed by him by
well defined land marks. If this is done the right of n
subsequent settler upon the same tract will be subject
to the right of the first settler. The right of a settler
oates from the date OF his settlement upon the land,
and he is allowed ninety days after The township pla,
is filed in the local land Office in which to file his IRE.
eiiption declaratory statcinent After an actual resi-
dchce 81 six months upon land II settler can make nav
nicht Tor the same at Sl.25 per acre. He can make
payment for the land nj any time within a period of
thirty three months from the date of settlement after
showing Il 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 it is SUR
veyed and comes into market. a party possessing the
same legal qualification as Il prc-elnption claimant can
take one hundred and sixty acres under the homestead
law. Under the prc-emrtion law Il party ACQUIRES his
right by actual settlement: under the homestead lava
go iS"k ~ Hlihinc I'LL tuHTN III
The local land office. and then he is allowed six months
IRON that date in which to make his actual settlement
and establish his residence. A settler can make nav
ment for his land at 81 % per acre after six months CON
tlnuous residence and improvement of the land.ur if he
continues his residence for five years he can obtain title
to the claim without payment. Payment at 81. % per
acre can he made for land at any time during five wears
from date of entry, after six months rcsidcnc" next pre-.
ceeding the payment. If it is shown that a party has
abandoned his land for a period Of six months the entry
is subject to forfeiture.
A party can take one hundred and sixty acres under
the timber culture act. The requirements of this law
are that the party shall break five acres during the
llrst year from date of entry: during the second year he
must cultivate to crop or otherwise said five acres and
break hve acres, more and the third year he must plant
the first ffe acres to trees, seeds or cuttings, and cult
sate me second flve acres to crop or otherwise. and the
fourth year the second five acres must be planted to
trees, seeds or cuttings.
After fulfilling the requirements Of the timber.cul-
turc law MS above stated, the claimant can make final
proof at the end of eight years and acquire title to his
Tree claim without payment of Sl.25 per acre, or any
sum, to the government, as is the requirement under
the homestead and presumption laws. Under the tim
ber-cnlture act only one tree claim can be taken in IL
section