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

of the pro,.er land office that the persons
intend purchasing said land under his
settlement. A presumption filing with
out prior settlement is invalid in the
presence of subsequent adverse claim
initiated prior to curing the defect, nor
does it prevent any other kind or nature
of claim being made adversely to it.
There is prevalent idea that after settle
ment one has thirty days in which to
commence actual residence upon the
land. Neither the law nor decisions con-
template such doctrine. A settlement,
if actual, must in itself be the initiatory
step towards commencing residence, and
must be followed up immediat ly by such
steps as such intent by the party. When
two or more conflicting filing are made
ON the same tract no contest can be had
to determine the adverse right until either
party appears to make proof, when, as
before stated, the other will be cited to
make showing Of his his adverse claim,
and if such is made the proof will be sus-
pended and a full determination be had
of the rights and equities of the different
claimants.
Under the presumption law, again,
there is classification Of the public land
into unoffered and offered lands. Thu
latter class is of lands which have been
offered for sale under proclamation of the
president The pre-emptor on lands Of
this class is allowed only thirty days from
date of settlement in which to file his
claim in the land Office, and must make
his proof within one year from date OF
settlement, otherwise his rights will be
forfeited in the presence of an adverse
claim. The former Observation-Disclosures
those which have never been offered at
public auction, and the pre-emptor is
allowed thirty days in which to file, and
has thirty-three months from date OF
settlement in which to make proof. A
presumption claim lapses by expiration
on the last day allowed for proof, and
the department has no authority. il
another filing is made for the same land,
to extend the day OF proof.
THE TIMBER LAW.
The timber law (act June 3, 1881 con-
templates the entry OF such land as is ac-
tually unfit for cultivation and valuable
chiefly for its timber. The applicant is
required to examine the land before max
ing sworn statement, and state from
his personal knowledge that the land is
unfit for cultivation, and valuable chiefly
for its timber; that he does not apply to
purchase the same on speculation, but in
good faith to appropriate to his own ex-
elusive use and benefit. When this aft
davit is filed the register of the land office
issues notice which must be published
for sixty days in newspaper nearest the
land, setting forth that intention of the
applicant to purchase the land, and the
day when he will make proof OF the
character Of the land before the local
land office.
To person desiring to enter public
land under this act few words of advice
may not be inappropriate. In your first
examination of the land be careful thai
you are examining the particular trac,
you desire to enter. Take map of the
land and surroundings with you, exam
inc carefully the corner posts and bear
ing trees, making particular note Of the
marks theron; trace your own course
yourself, and not upon the say-so O
others. You will be expected to testif,
as to your examination Of the land your
self, and what the cruiser or locator tell.
you will not be accepted. Any person
who takes up land should always be care
full to note the altitude and topography o
the and, and the nature of the soil, will
specific reference to its adaptability fo
agriculture after the timber is removed
The applicant is not required to make {
re-examination Of the land before hi
proof, SO his first examination prior t.
making his sworn statement should b.
careful and thorough. The witnesses
which the applicant desires to produces
tor final proof on timber claim shoulc
be those who are advertised, and must bt
thoroughly competent to determine the
nature of the soil with reference to its
adaptability for agriculture. Farmers OF
settlers in the neighborhood of the lane
are much preferred. interchangeable
witnesses on timber proofs will not here
after be allowed, unless under specia
showing. All witnesses should examine
the land Immediately prior to proof, sc
that they may be able to state whether
the land is then occupied or not.
These precautions IN timber land cases
are made necessary because of the frauds
heretofore perpetiated, so that large
bodies of agricultural land were entered
for timber. The contests between actual
settlers and timber claimants are con.
stantly increasing and generally it is
found that owing to the careless examin.
alton or perhaps wilful false statements