Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1889-05-02
IRONTON. MO-, THURSDAY. MAY ,. 1880
New Public Land Law.

WAsHINGTON, d. c.. Mar. S, 1889.
registers and Receivers of Uniteo
States Land offices:
GENTLEMEN: Your attention il
called To the provisions of an act o
Congress entitled IAN act to Withdraw,
certain public lands from private entry
ant: for other purposes" approved
March 2, 1888, a copy of which is hereto
attached, containing eight sections.
The first section of said act provides
that from and after its passage "no
public lands of the United States. ex-
cept those in the State of Missouri
shall be subject to private entry
This relates to the private sale or entry
of 'offeredn lands under sections 2354
and 1857, u. S. r. s. See pages te
s, 80 and 81, general circular, January
|, 1889. No sale Or location, at private
entry. will be admissible. under said
first section, except in Missouri, but
disposals of this class of "offered" lands
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
entry, while denying such right to
any party who perfects title to lands
under pre-emption or homestead laws
already initiated and specifically pro-
vides that parties who have existing
pre-emption rights may transmute
them TO homestead entries and perfect
title to the lands under the homestead
laws, although they may have hereto
fore had the benefit thereof
Therefore you will not hereafter re-
ject 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 formerly made
by description of the land. mum ber and
date of entry, or other sufficient data,
that it was made prior to the date of
said act, and also that he has not since
perfected pre-emption of homestead
title initiated prior to that date. In
cases when the former entry was
Iuade subsequent to the date ofthe act,
the rule remains unchanged, as given
on page II of the general circular of
January /, 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 land as settlers under
existing laws to leave and be absent
from the land settled upon for speci-
fed period, not to exceed one year at
at any one time. The applicant for
such permission will be required TO
ubmlt testimony to consist OF his own
4, 1davit, corroborated by the atfida-
Il Il n. IL
sd h, fore the register Or receiver or
some .. 'ucer in the land district using
, sea, u I'D authorized to administer
,aths. setl ing forth in detail the facts
IN which he relies to support his ap-
DIication. and which must be sufficient
10 satisfy the register and receiver,
who are enioinett to exercise their best
udpmpDt IN the matter. that he Is
,nahle by reason of a total or partial
destruction or failure of crops, sickness,
,r other unay0ida BILE casulty to secure
a support for himself or those depend
mt uDon him upon the land settled
,o,,. In case a leave Of absence is
Granted the register and receiver will
inter such action on their records, in
iicatiu@ the period for which granted,
and promptly report the fact to this
,ffice. transmitting the testimony on
i, hic.l their action is based. In case
If refusal the applicant will be allowed
he right of appeal on the usual condi-
ions.
By reference to section 4 you will
observe that it simply fixes at $1.25
Der acre the price OF certain lands with
4 the limits of railroad grants which
!: al been increased by law to the double |
d uimum price.
r he 5th and 9th sections both pro-
ide that parties who mad homestead
ntri " prcr to the date of the act, of
ass t. lau 100 acres, shall have the
oht 10 make an additional entry of
uuart 'tv sufficient with the original |
, conpi etc the maximum quantity OF
60 acres. without affecting existing |
lights of soldiers-see pages 26, y Of
ircolar of January /, 15o3-~or of set
lers within railroad limlts-see pages
l, %, aud % ddena.
/. The fifth section provides for an |
dditional entry of land which shall be
outanious to th land embraced in the
riginaI el try shall be sufficient, for |
which the final proof of residence and |
made on the original entry |
hall be sufficient, but of which no
,artv shall have the benefit who does
lot, at the date of his application |
therefor, own and occupy the land |
covered by his original entry, and
and which shall not be permitted, or
f fpernitted. shall be cancelled, If the
original entry should fail. for any rea-
son, prior to patent. or should appear
to be Illegal or fraudulent. Applicants
for additional entries under this section
will be required to produce evidence
that they own and occupy the land
.sulraced in their original entries, to be
properly described by legal subdivi-
sjons and by reference to the number
and date of the original entry, and the
evidence to consist of their own affi ida-
Wits, oorroborated by the affidavits of
iiisinUerested witnesses, executed be-
fore the register or receiver or some
officer i'm the land district using seal
and Authorized to administer oaths.
In addition to this, the proper home
stead application and affidavit must be
filed, which may be on the forms pre-
scrihed under the act of March 3, 1879
(4-O1S and 40S6), probably modified so
as 10 show the section and act under
w hicll application is made, and the
affidavit modified by striking out the
norton that refers to military services,
which is not required under this act.
I. The 9th section admits of an adj
ditional entry of land, which need not
be contiguous to the land embraced in
the original, by parties who have COM
plied with the conditions of the law
with regard to the original entry, and
have had the final papers issued there
for, and with the condition of residence
ana cultivation of the land embraced
in he additional entry, to be made and
proyed as in ordinary homestead EN-
tries.