Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1889-04-04

than Capt. Bauyhman.
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AMENDED LAND LAWS.
Important Changes in the Homestead
and Presumption Laws.
While congress did not repeal the pre-
emption, it did amend the land laws il
several important particulars by an en-
actment, approved March 4, 1889, en-
titled IAN act to withdraw certain public
lands from private entry and for Other
purposes.
The first section Of this act declares
that hereafter, except in Missouri, nc
lands in the United States "shall b.
subject to private entry" That is to
say that hereafter it will be impossible tc
Duy any lands at the local land Office,
except such as are held for sale under
special acts, like coal lands.
Section two authorizes any person who
has heretofore taken up homestead and
abandoned it, for any cause, to make
another homestead entry. That is to
say, it allows persons to make "sscond
filings" The rule has been that if a
person made homestead entry and
abandoned it, he had "exhausted bis
right"
The second sec,ion also authorizes
those pre- enptors who have filed pro.
emption claims to change them to home.
steads "not withstaudine they may have
heretofore had the benefit Of the" home
stead law. In other words, man who,
before the passage Of the law, has proven
up on homestead and then taken up a
presumption, may now convert that
pre- emption into a homestead. This
new right is confined to those who have
homesteaded and pre- empted before the
4th Of March, 1889.
Section three authorizes the register
and receiver, under directions of the
secretary Of the Interior, to grant leave
Of absence, mot exceeding one year at
any one time," to "any settler upon the
public domain under existing laws, who
is unable by reason Of total or partial
destruction or failure Of crops, or sick
ness, or other unavoidable casualty, to
secure support for himself, herself, or
those dependent upon him or her upon
the lands settled upon" This leave of
''absence shall not DO deducted from tho
actual residence required by law"
Section four reduces the price Of land
within the limits Of forfeited railroad
grants to 1925 per acre. 1t also reduces
the price to sl.25 per acre "of all lands
within the limits Of any such railroad
grant, but not Embraced iu such grants
lying adjacent to and eoterminus with
the portions Of the line Of any such rail.
road which shall not be completed at the
date Of this act"
Section five authorizes those home.
steaders who have taken an eighty acre
claim to add eighty acres to it, provided
the land joins the original claim, without
making proof Of residence on and cult
walton Of the new eighty. To make the
additional entry the claimant must still
own the first eighty.
Section elk authorizes the homesteader
who has made or shall mako fiual proof
on q claim containing less than l6O acres |
to take up enough land to make up the |
deficiency, aud obtain title by residence
and cultivation as though it was an
original entry. This right is not trans.
ferable. In other words, if man makes
proof for an eighty acre homestead, but
he cannot sell his right to do so.
Section seven gives legislative con.
struction to the act Of March 3, 1879,
regulating proof in land cases, and maxi
il possible for claimant to make proof
1t any time "within ten days following
he day advertised" "where accident or
unavoidable delays" prevent the claiu,an.
u his Witnesses from appearing on that
lay. That is to say, it will not here
Ifter be necessary to re,adversise i you
" your w. tnesses cannot DO on hand on
he day appointed for making proof, but
'ou can make proof at any time within
en- days thereafter.