Los Angeles daily herald., 1889-04-11
IMPORTANT TO SETTLERS.

eFN TO MAKE "a SSCOhO EMtEys,
Under date of March s, 1889, the Sec
retary of the Interior has issued the fol-
lowing instructions, which are Of peculiar
interest to settlers on public lands in
Southern California:
REGISTERS and Receiueis of United States
Land Offices:
GENTLEMEN: Your attention is called
to the provisions of an Act of Congress
entitled "An Act to withdraw certain pub
lie lands from private entry, and for
other purpoCes," approved March 2,
1889, a copy of which is hereto attached,
containing eight sections.
The first section of said act provides
that from and after it's passage "no pub
lie lands of the United States, except
those in the State of Missouri, shall be
subject to private entry" This relates
to the private sale or entry of Offered"
lands under sections 2, ,354 and 1857, U.
S. r. s.; see pages to 8, so and 81,
general circular, January l, 1889. No
sale or location at private entry will be
admissible under said sections except in
Missouri, but disposals of this class of
"ofered" lands under the pre-emption,
homestead or other laws, are not other
wise affected thereby.
The second section of the act allows, in
general terms, any party who has here
tofore made homestead entry, and who
has not perfected title Hereunder, to
make another homestead entry, while
denying such right TO any party who
perfects titles to lands under the home
stead or pre-emption law already initiat-
ed, and specifically provides that parties
who have existing pre-emption rights
may transmute them to homestead and
perfect title to the lands under the home
stead laws, although they may have
heretofore had the benefit thereof.
Therefore, you will not hereafter reject
homestead application on the ground
that the applicant cannot take the pre-
scribed oath that he has not previously
made such an entry, but he will be re-
quired to show by affidavit, designating
the entry formerly made by description
of the land, number and date of entry
or other sufficient data, that it was made
prior to date of said act, and also that he
has not since perfected pre-emption or
homestead title initiated prior to that
date. In cases when the former entry
was made subsequent to the date of the
act, tho rule remains unchanged, as
given on page IL of the general circular
Of January 1, 1889.
The third section provides for per-
mission to be granted in certain cases by
the Register and Receiver of the proper
district land Office for parties claiming
public lands and settlers under existing
laws to leave and be absent from the
land settled upon for specified period
not to exceed one year at any one time.
The applicant for such permission will
be required to submit testimony to con-
siet of his own affidavit, corroborated by
the affidavits of disinterested witnesses,
executed before the Register and Re-
ceiver or some officer in the land district
using zeal and authorized to admins
ter oa.hs, setting forth in detail the facts
on which he relies to support his appli-
cation, and which must be sufficient to
satisfy the Register and Receiver, who
are enjoined to exercise their best and
most careful judgment in the matter,
that he is unable, by reason of total or
partial destruction or failure of crops,
sickness or other unavoidable causalty,
to secure support for himself or those
dependent upon him, upon the land
settled upon. In case leave OF absence
is granted, the Register and Receiver
will enter such action on their records,
indicating the period for which granted,
and promptly report the fact to this
office, transmitting the testimony on
which their action is based. In case of
refusal the applicant will be allowed the
right of appeal on the usual conditions.
By reference to section you will OBJ
serve that it simply fixes at $1.25 per
acre the price of certain lands within
the limits of railroad grants which had
been increased by law to the double
minimum price.
The 5th and 9th sections both provide
that parties who made homestead entries
prior to the date of the act of less than
100 acres shall have the right to make
an additional entry of quantity .sufii-
cient with the original entry to complete
the maximum quantity of 160 acres, with
out affecting existing rights of soldiers
(see pages 26, 27, circular of January l,
1881, or Cf settlers within railroad limits
(see pages 81, %, and % idem).
First. The 5th section provides for an
additional entry of land which shall be
contiguous to the land embraced in the
original entry, for which the final proof
of residence and cultivation made on the
original entry shall be sufficient, but of
which no party shall have the benefit
who does not, at the date of his applica-
ton therefor, own and occupy the
land covered by his original entry,
and which shall not be permitted,
or, if permitted, shall be cancelled,
if the original entry should fail, for
any reason, prior to patent, or should APP
pear to be illegal or fraudulent. Appli-
cants for additional entries under this
section will be required to produce evil
dence that they own and occupy the
land embraced in their original entries,
to be properly described by legal sub
divisions, and by reference to the num-
ber and date Of the original entry, and
the evidence to consist of their own aff1-
davits, corroborated by the affidavits of
disinterested witnesses, executed before
the Register or Receiver, or some officer
in the land district using a seal and au-
thorized to administer oaths. In addi-
ton to this, the proper homestead ap-
plication and affidavit must be filed,
which may be on the forms prescribed
under the Act of March 3, 1879 (4,018
and 4,096), properly modified so as to
show the section and act under which
application is made, and the affidavit
modified by striking out the portion that
refers to military services, which is not
required under this act.
Second. The sixth section admits of an
additional entry of land, which need not
be contiguous to the land embraced in the
original, by parties who have complied
with the conditions of the law with re-