Arizona weekly enterprise., 1889-04-20
NEW LAND LAWS.
Explanatory Circular Sent to Registers and Receivers by Commissioner Stock
 slager.
DEPARTMENT OF THE INTERIOR,

GENTLEMEN: Your attention is call ed to the provisions of an act of con gress entitled +"An act to withdraw certain public lands from private en- try and for other purposes" approved March 2,1SS9, copy of which is here to attached, containing eight sections.
 The first section of said act provides that from and after its passage "no public lands of the United Estates, ex- cept those in the state of Missouri, shall be subject to private entry" This relates to the private sale or en- try of offered" lands under sections 2354 and 2357, U. s. R. s. See pages 4 to s, 90 and 91, general circular, Jan uary l, 1889. No sale or locations, at private entry, will be admissible, un- der said first section, except in Mis- souri, but disposals of this class of "of- fered" land under the pre-emption, homestead, or other laws, are not otherwise affected thereby.
 The second section of the act allows in general terms any party who has heretofore made homestead entry and who has not perfected title there
 under to make another homestead en- try, while denying such right to any party who perfects title to lands under the pre-emptien or homestead laws al- ready initiated, and specifically pro- vides that parties who have existing pre-emption rights may transmute them to homestead entries and per feet title to the lands under the home stead laws, although they may have heretofore had the benefit thereof.
 Therefore you will not hereafter re- ject a homestead application on the ground that the applicant can not take the prescribed oath that he has not previously made such an entry, but he will be required to show by affidavit, designating the entry former ly made by description of land, num- Der and date of entry. or other suffi- cient data, that 1t was made prior to the 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, the rule remains un- changed, as given on page IT of the general circular of January 1, 18S9
 The third section provides for per mission to be granted in certain cases by the register and receiver of akhe 1 proper district land office for spa4
 claiming public land as settlers under existing laws to leave and be absent from the land settled upon for speci-
 fled period, not to exceed one year at
 any one time. The applicant for such
 permission will be required to submit
 testimony to consist of his own affi-
 4aTit, corroborated by the affidavits oi Fl silslnJe1ested wIuf1ess5s, executed hy
 the register or receiver or some officer
 in the land district using a seal anG authorized to administer paths, setting forth in details the facts on which ht relies to support his application, an(
 which must be sufficient to satisfy tht
 register and receiver, who are enjoine( to exercise their best and most carefu . judgment in the matter, that he is un
 able by reason of a total or partial de struction or failure of crops, sickness
 or other unavoidable casualty to SC
 cure support for himself or thos
 dependent upon him upon the lan'
 settled upon. In case leave of ab sence is granted the register and re
 ceiver will enter such action on thei records, indicating the period fo - which granted, and promptly repor e the fact to this office, transmitting tn testimony on which action is based : In case of refusal the appeal on tn usual conditions.
 6 By reference to section 4 you vii ; observe that it simply fixes at SIP '' per acre the price of certain land u within the limits of railroad grant U which had been increased by law t e the double minimum price.
 Y The 5th and 9th sections both pro -~ vide that parties who made homestea
 entries prior to the date of the act, (
 less than 160 acres, shall have tn !. right to make an additional entry of - quantity sufficient with the origin; 'a entry to complete the maximum = = quantity of 160 acres, without afec :. ing existing rights of soldiers-se F pages 26, 27 of circular of January ,t l0S9-or of settlers within rallroa 10 limits-see pages 21, p, and 23 iden W l. The fifth section provide for a a additional entry of land which sha
 be contiguous to the land embrace
 in the original entry, for which tE
 final proof of residence and cultivatio nit made on the original entry shall l ut sufficient, but of which no party sha to have the benefit who does not, at u as date of his application therefor, ow v. and occupy the land covered by Il Id original entry, and which shall not no permitted, of if permitted, shall be cal n celled, if the original entry should ia.
 for any reason prior to patent or shou
 appear to be illegal or fraudulen
 Applicants for additional entries und u u this section will be required to pr I +b duce evidence that they own and o be cupy the land embraced in the IS original entries, to be properly q az scribed by legal subdivisions and
 reference to the number and date m the original entry, and the evidence , ,os consist of their own affidavits, cC to roborated by the affidavits of disintt Id. ested witnesses, executed before tl he register or receiver or some officer of the land district using seal al ny authorized to administer paths. ne ne addition to this, the proper homeste 9s application and affidavit must be file
 which may be oH the forms prescrib o under the act of March 3, 1879 GAO II. M and 4O86), properly modified so as '-y show the section and act under whi - application is made, and the afida'
 modified so as to show the section a an act under which application is mac
 and the affidavit modified by striki an out the portion that refers to militia ols services, which is not required und