Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1891-01-15
HOW TO SECURE LANDS.

lflS caused corresponding llCftitSt VI III
euiries relative to government lands and
the manner OF obtaining tile thereof.
These inquiries come from all parts OF the
civilized globe and are in as various dia-
lects and form of interrogation as possible
to conceive. II would be well for the next
legislative assembly Of the state TO provide
for bureau of immigration, to whom
such inquiries could be referred for intel
,igent answers. Such bureaus are APP
pointed in nearly every western state and
territory, and undoubtedly do much good
IN disseminating information OF the re-
spective localities they represent.
In this short article purpose limiting
myself solely to methods of taking up and
securing title to government land in West
ern Washington, leaving all other
questions to those who are more COM
retent. There are three acts of congress
which apply peculiarly to this portion of
the state, viz: The homestead, pre-
enption and timber land laws. Each Of
these laws contemplate two great steps
prior to securing title
First-The initiatory entry or filing of
the claim OF record; and,
Second The final proof Of such facts as
are made on condition precedent in HE
several laws to the issue Of patent.
THE HOMESTEAD LAW.
The homestead law, the most benifi-
cent and important Of the three, was
originally passed in 1862, for the purpose
OF securing homes for actual settlers on
the public domain.
The law and instructions require that
the applicant, prior to making entry,
should examine the land he is about to
apply for critically, SO that he may be en-
sbled to make oath that the same con-
tains no valuable mineral deposits. He
then must aver that he takes up the land
Or the purpose of settlement and cultiva-
ton, and that he applies to enter the
land for his own exclusive use and bene-
it. The homestead law does not limit
applicants Hereunder to citizens Of the
United States, but those of foreign birth
who have declared their intention to be-
come citizens may take up land under its
provisions.
After six months ACTUAL continuous
residence on the land under the home
stead law, the homesieader may COM
tnute and pay for the land at the rate of
sl.25 per acre, if without the railroad
limits, and $3.50 per acre if within those
limits The residence contemplated by
this act must, under the decisions, be
actual and not constructive fol- six months
prior to proof, as the applicant is not re-
CURED to prove up within that time, and
ne must show by his actual occupancy OF
the land and Improvements good faith
clearly to establish his rights. This COM
mutton of homestead entry in no way in
serferes with the right of presumption, us
they are two distinct and separate acts,
neither interfering with the other. II
the settler chooses not to avail himself
of the provisions ferred to by commu-
tation, he may continue to reside upon
and improve the land, and at any time
after five years from date of entry and
xithin seven years from such date, if he
then be citizen of the United States,
make final proof, showing his continued
residence and cultivation, and will re-
ceive his final certificate upon payment
of the final fees, which are 80 per cent.
on the cash value OF the land.
A homestead entry is considered by the
department an actual appropriation Of
the land and can only be removed by
contest or REIMBURSEMENT or by order OF
the commissioner of the general land
Office after actual or constructive notice
70 the applicant. No entry can be made
over homestead entry and the same
cannot be cancelled by contest except
under due showing made by the contest
ant of actual abandonment or bad faith
on the part of the entryman.
THE PRE-EMPTIoN ACT.
The presumption act, passed by con-
gress in 1S4l, is radically different from
the homestead law. No one who is the
owner of 800 acres OF land or who leaves
or abandons residence on land Of his
own In the same state may validity enter
lands under the presumption act. The
act itself does not require any specific
amount OF improvement or definite length
oil residence to enable proof to be made,
although the department, as a test of
good faith on the. part of the pre- emp. or.
requires showing of approximately six
months residence. This residence is not
necessarily TO had six months immedi-
ately prior to proof, but proof may be
submitted Of such residence at any time
after filing and during its lifetime. When
the departmental regulation has been
complied with as regards improvement
Gas cultivation is not mentioned in the
actl and residence, and the party desires
to make proof, he should file his notice
of intention to make final proof with the
land office of the district in which tho