Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-07-21
CORPS LAND REVIEW.
Wemen's Rights Under the Pre-emp-
taon aud other Land Lawa-Righis
Of Mortgages Assignees aud Trans
fereeS Under hom estead and Pre-
emptiOn Laws i'm Cases OF Defect
i've Final PrOOf-Peogress Of leg


ter, 1 will give few points respecting We.
mems rights under several statutes. begin.
ming with the pre- .emption law.
A widow or maid over twenty one years
Of age is entitled to land upon compliance |
with the statutory requirements respecting
pre-. emptions. Full citizenship is not a re
quirement, declaration Of intention being all
that is necessary in that respect.
Any woman who is the head Of family, |
though less than twenty. ene years old, if
otherwise qualified, may secure land under
these laws.
A married woman Is not entitled to the
right Of pre-. emPton. A single woman who
marres after fling her declaratory state.
ment and before making proof and pay
ment, ferfeits all rights as pre- emptor and
c annot acquire title 10 the land, though she
and her husband continue to reside thereon.
In the event of the death Of pre- .emPtor
before making proof and payment, the title
may be perfected by or for the benefit Of the
heirs. Ordinarily widows are not heirs,
and cannot make final proof and payment
for their eva benefit. In some States wild.
ows are BY statute made heirs of their hus
bands, and where such is the case, should
there be no other heirs, the widow may per.
feet and enjoy the benefit Of title to the
land. Should there be several heirs the
widow as one Of them may perfec, the title
for the benefit Of all. Where the State law
allows the widow only a dover right-sr
life estate-in the property Of her deceased
husband, she cannot acquire title to his pre-
emption claim, but may as guardian make
prsof and payment for the benefit Of minor
heirs. q.
Uuder the timber-culture laws, any mar
ried woman over the age Of twenty one, or
any single woman whs is the head Of q fam
lily, under that age, may enter and perfect
title to land.
No residence is required on timber culture
entries, and marriage after Initiating entry
will not affect the rights Of a woman to per.
feet title. The acts Of cultivation, planting,
etc., required by statute may be done BY an
agent as we'll as by the entry woman in per,
son.
The desert land law, authorizes any we.
maa, whether married or single, who is
citizen of the United States, or Of requisite
age who may be entitled TO and has fled
her declar alton Of intention to become such
citizen, to initiate entry and acquire title to
land upon compliance with its requirements.
She may employ an agent to perform the
acts necessary to reclaim the land as we'll as
to perform the same herself. The wife's
right to take land under this law is not
abridged or interiered with by reason Of her
husband having exercised the privileges ex
tended by the law.
The stsne and timber land law, applica.
Bile to the States of California, Oregon and
Nevada and Washington Territory, extends
the privilege Of entry to the extent Of enc
hundred and sixty acres to every citizen Of
the United States or person who has filed q
declaration Of intention to become a citizen
regardless Of sex.
Married and single women stand upon an
equal footing with men under this law.
Rights may be abridged only by the VOL
untary acts Of the person. The law allows
but one hundred and sixty acres to be taken
by enc person or association OF persons. or
course any enc who is a member Of an assO-
citation making entry under this act valves
his or her individual entry right.
1t is held that 4 married woman in Cali.
forna cannot make an entry under this act
with community (family) money. il her
husband has exercised his privilege Of entry
under the act. Uader such circumstances
the husband and wife are considered as an
association Of persons, and entitled to
but one entry.
The mineral land laws, extend to women
all the rights and privileges that men may
exercise or enjoy. without regard to the mar
ital relation.
At public sales Of lands, wsmen stand
upon equal terms with men. and further they
may purchase as great a quantity Of land at
private entry as they may be able to and
subject 10 disposal in that manner. or as
they have the cash, scrip. or warrants to pay
for.
Secretary Villas has recently made some
important decisions upon the questieas re.
specting rights Of mortgages. assignees.
&c, Of homestead and pre.emption entry
men. where defects in publication Of notice
Of intention to make final proof. and in the
proof itself, have been discovered long after
the issuance Of final certificate.
In one case the eatrymsn's testimony was
evssivs, tending to prove bad faith. and it
could not be determined by the prsef what
actual tine had been spent on the land or
how great had been the periods Of absence.
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