Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-04-07

entry Is made for his exclusive use ana
| benefit and for actual settlement and
cultivation.
| The right to the land is vested In the
settler by such proceedings and upon
| faithful observance of the law in regard
| to the settlement and cultivation for the
continuous term of five years. At the
expiration of that time, or within two
years thereafter, upon proper proof, TO
the satisfaction of the land ofhcers, a
registers certificate will be received and
patent after completing title obtained
| from the government.
| The sale of a homestead claim by the
| the settler to another party before the
completion of title is not recognized by
| the United States and vests no title or
equity in the purchaser.
The following feature OF the home
stead law will be in effect in Oklahoma:
mo lands acquired under the provisions
| of this act shall in any event become
| liable to the satisfaction of any debt or
| debts contracted prior to the issuing or
| the patent thereof.
A homesteader may be either male or
female, a widow or single person, or an
Indian who has abandoned his tribal re-
lations and adopted the habits and pur-
suits of civilized life.
The law allows but one homestead
privilege, but by a special provision OF
the law applying to Oklahoma a settler
who has been compelled to abandon a
claim for any reason without getting
title, in other words, man who has not
received actually homestead from the
United States, is entitled to one claim.
Under the law it is the entry of Claim in
the land Office which gives settler a
right. and therefore he should make his
entry as soon as possible without relying
upon residence to protect him.
The town site provision apple able to
the Oklahoma country limits the area of
the city or town to $50 acres. a plat
must be filed in the land Office and
the lots to be offered at public sale
to the highest bidder at minimum
price of $40 for each lot. An actual
settler who has made substantial improve
ments upon a lot can enter claim upon
that lot at the minimum price at any
time before the day of sale. He must
furnish proof of residence and improve
ment. Lots not disposed of at the time
of public sale are therefore subject to
private entry at such price as the secre-
tary of the interior may order. No lot
shall exceed 1920 square feet
The timber culture and pre-emption
laws not being applicable to lands in the
new territory, no one can obtain pat
ent for more than 100 acres. Sutjoined
are the rules which govern:
Section 22S3. Every person who is the
head of family, or who has arrived at
the age of 81 years, and is citizen of
the United States, or who mas filed his
declaration of intention to become such
as required by the naturalization laws,
shall be entitled to enter one quarter sec
ton or less quantity of Incorporated
public lands, to be locat, d in a body in
conformity to the legal subdivisions of
such lands.
The law under which the lands are to
be opened limits the egect of this sec
ton to the extent of providing that each
homestead located shall as nearly as
nearly as practicable be in square form.
Section 1880 provides that the person
applying for the benefit of the preceding
section shall upon application to the
register of the land office in which he is
about to make entry make affidavit that
he is the head of a family or is u years
of age or has performed service in the
army or navy of the United States, and
that such application is made for his ex-
elusive use and benefit and the entry
made for actual residence and cultiva-
ton, and that no other person is directly
or indirectly interested in such entry.
The fee for such entry and affidavit to
be paid to the register IS IS for eighty
acres or less and $10for more than eighty
acres.
Section 2291 provides that no certif-
cate shall be given or patent issued for
such land until the expiration of FIVE
years from the date of such entry. At
the end of the period or within two years
thereafter the settler must make proof
before the register that he has actually
resided upon or cultivated said land dur
ing the whole time prescribed. Proper
penalties for perjury in making the !
original affidavit and final proof are at |
tached.
Sections 1894 and 2295 prescribe the
method of procedure in cases where the |
person desiring final proof is in the gov
eminent, military or naval service, or /
who is Ill and unable to appear before the |
register.
Section 1895 makes it incumbent /
upon the register of the land office to /
keep record of all applications for /
entries, and make proper re- |
turns of same to general land office.
Section 1896 provides that homestead |
lands shall not be liable on execution
for debts contracted prior to settlement.
The following section provides for a re-
version of lands to the government in
case of an abandonment for six months
or a change of residence on the part of
the settler.
Section 229S prohibits the application of
more than one quarter section under the
laws.
Section 2304, the next of importance
after the foregoing, is Of interest to vet
Grams. 1t provides that any private or
officer of the army, or any sailor, marine
Or officer who served in the navy the pc
rod of ninety days or more, and was
1onorably discharged, during the late
war, shall be entitled to make home
stead entry of 100 acres and shall be az
owed six months after filing his declar-
atory statement and making his location
within which to enter, improve the lands
md make actual settlement.
Section 2305 adds further TO the veter-
ms rights by providing that his term OF
service shall be deducted from the time
necessary TO obtain a patent-fiye years
in the case of ordinary citizens. In
he event that the soldier or sailor settler
vas discharged by reason of wounds or
disabilities received while in service the
,ntire period for which he enlisted shall
1e deducted from the time necessary TO
prove up the claim, without reference to
he time of actual service.
Section 1907 provides that widows Of
soldiers and sailors who served az least !
linetv days or more in the late rebellion