Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1893-05-11
THURSDAY MAY IL. 1898.
FRED. w. HARRIS. Editor.
Asnh9 Il 1ts South Dakota 7vsH Association
THE HOMESTEAD LAWS.

may; take another homestead.
'le following is taken from a cir
lar issued from the General Land
flee to Registers and Receivers:
Gentlemen: Your attention is
I'd to the provisions of an act of
sgress entitled 'sAn act to with
certain lands from private en-
and for other purposes, "appro-
81 lMarch 2, 1889.
iAe second section of the act
4 Us in general terms any party
a has heretofore made a home
d entry and who has not per-
n Jed title Hereunder to make
cher homestead entry, while
II Wing such right to any party
: perfects title to lands under
.pre-emption or homestead laws
ady initiated, and specifically
Il 9vides that parties who have ex-
4 ing presumption rights may
ansmute them to homestead en-
IL fies and perfect title to the lands
\ ander the homestead laws, although
hey may have heretofore had the
/ benefit thereof.
Therefore you will not hereafter
reject a homestead application on
ehe 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
q entry formerly made by description
Il Of the land, number 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
perfected a presumption or home
stead title initiated prior 20 that date
" In cases when the former entry
was made subsequent to the date Of
1 the act, the rule remains unchanged
as given in the circular of Jan. l,
1889.
q The third section provides for
PERMISSION to be granted in certain
cases by the register and receiver of
the proper district land office for
parties claiming public land as set
& tiers under existing laws to leave
and be absent from the land settled
upon for a specified period, not to
exceed n year at any one time.
The applicant for such permission
Il will be required to submit testimony
Il to consist of his own affidavit, cor
roborated by the afidayits of dis
n interested witnesses, executed before
81 the register or receiver or some
officer in the land district using q
4 seal and authorized to administer
oaths, setting forth IN detail the
d facts on which he relies to support
his application, and which must be
sufficient to satisfy the register and
receiver, who are enjoined to exer-
else their best and most careful
II Judgment in the matter, that he Is
unable by reason of a total or par
tial destruction or failure of crops,
sickness, or other unavoidable
1 ~causality to secure q support for
himself or those dependent upon
him upon the land settled upon.
In a 9 q leave of absence is granted
the register and receiver will enter
such action on their records, indi-
eating the period for which granted
and promptly report the fact to
I this Office, transmitting the testi-
mony on which their action is
based. In case of refusal the ap-
, plicant will be allowed the right of
appeal on the usual conditions.
The fifth section provides for
an additional entry of land which
shall be contiguous to the land EN-
braced in the original entry, for
which the final proof of residence
aud cultivation made on the origi-
4 nal entry shall lie sufficient, but of
4 which no party shall have the bene-
L fit who does not, ut the date of his
application therefor, own a.si oc-
cupy the land covered by his origi-
Il nal entry, and which shall not be
! permitted, or if permitted, shall be
4 cancelled, if the original entry
should fail, for any reason, prior to
patent, or should appear to be il
legal or frauduiant. Applicants