The Bozeman weekly chronicle., 1888-07-25
OOPP'S LAND REVIEW.
Final Proof on Various Glasses Of Entries
Who May Make It.


Who May Make It..
OF course, the person who initiates an
entry for public land under whatever
law or method of disposal it NAV be, is
the person having the primary right and
being legally required to make final proof
where such steps il necessary to perfect
title under the provisions of the law.
The question as to who may make such
proof in the event of the death of the
entryman is one of general interest and
no little Importance, and respecting
which the public at large has very little
knowledge.
THE PRE- EMPrIoN LAWS
are the oldest of the so called Settle.
ment Laws" and stands first in order. A
claim having been initiated by settle
ment and in due time by filing OF de.
claratory statement, may be perfected
upon the death of the settler by the heirs
and for their benefit. That is, if the heirs
have reached the age of twenty one
years, they may either collectively or by
one Of their number, acting for all, sub
init the necessary proofs and make pay.
ment for the land, whereupon the patent
will issue to "The heirs" of the deceased
entryman. If none of the heirs have at
tanned their majority the final proof and
payment may be made for the bsneht of
the heirs by guardian duly appointed.
The widow, as general rule, is not en-
titled to perfect the claim Of her deceas-
ed husband in her own right. but in
States where by law she is one of the
heirs, she is entitled 10 all rights and
benefits accruing to other heirs.
THE HOMESTEAD LAW.
next in order, awards the land embraced
in the claim of deceased entryman,
first TO the widow. II there be no widow
the right and fee inure to the benefit of
such infant child or children" as may
survive the death of the parents. In
such cases the land may be sold for the
benefit Of the child or children, or title
may be perfected for their benefit, in the
usual manner. by duly appointed guar
dian. There being no widow or "infant
child" the right decends to the heirs or
devisee Of the deceased entryman and
the proof may be made by any one of
them for the benefit of all, and patent
will issue to "The heirs" Where patent
is to be issued for the benefit of Infant
child or children" the full name of each
and every child must appear therein.
INSANE PERSONS.
When entries or claims have been
duly initiated under the HON estead and
pre.emption laws by persons who have
subsequently become insane, the same
may be at once perfected by any person
duly authorized to act for the entryman
during his disability, i. being necessary
to show IN the final proof only that the
requirements of law were fully complied
with by the entrymnn. up to the time oi
becoming insane, and that the insanity
exists.
THE TIMBER CULTURE LAW.
While the timber-culiure law does not
require actual residence upon the land
entered. yet by reason of the cultivation
ETC., required. an entry made by iii
authority may fairly be considered 9
'settlement claim" Proof upon an entry
of this class can be made by or for the
heirs only.
THE DESERT LAND LAW.
Is applicable only to the States of Cali
fornIa, Oregon, and Nevada, and the
Territories of Washington, Idaho, Mon.
tana, Utah, Wyoming. Arizona, New
Mexico and Dakota. The final proof
and payment NAV he made by or for the
benefit of the heirs. or by duly appoint
ed administrator.
THE TIMBER LAND LAW,
operative only in the States of California
Oregon, and Nevada, and Washington
Territory, requires proof precedent Il
entry. This must as rule. as any on,
can see, be made by the party applying
to make the entry. Exceptions to th'
rule are made, however, and where al
applicant who has initiated claim, an,
commenced the publication required
dies before the ez piration of the prescrih
ed period of publication, the entry ma,
: be perfected by an administrator for th
benefit of the heirs.
THE MINING LAWS.
The proofs required under the law
relating to mineral entries may be mad
by any party in interest, or the dul
authorized agent of such party.
Senator Stewart informs me that h
does not expect or desire Senate bill NJ
1888, amending the mining laws, to pas
8 at this session of Congress. He invite
correspondence with the view of maxim
the bill perfect before its passage. Copie
of the bill can be obtained from Senator
and Representatives. As it passed th
Senate the date of relocating mines ws
changed from January 2 to August
The proposed law allows an indiv
dual to make only only one locatic
on a vein of twenty acres of placer, az
}. prevents person from relocating mil
who has once abandoned it.
There is no other measure before Co
gress affecting mining interests that h
any prospect of becoming law duril