Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1908-04-04


Land Office, Washington, d. c., Feb
ruary 20, 1908.
REGISTERS AND RECEIVERS,
| United States Land Offices.
The act of February 9Th, allows per-
son otherwise qualified to make second
homestead entry where such person has
made and lost, forfeited, or abandoned a
former homestead entry prior to the
passage of said act, and such former en-
try was not cancelled for fraud nor
abandoned or relinquished for consid-
Grafton.
The person applying to make second
homestead entry under this act must
file in the local land office an applca-
ton to enter a specific tract of public
land subject to homestead entry, accom-
panied by his affidavit executed before
an officer authorized to. administer oaths
in homestead cases, stating description
of former entry by section, township,
and range numbers Tor number of entry
and name of land office where made)
date of entry; when be lost, forfeited or
abandoned the same; that it was not
Cancelled for fraud, and whether he re-
ceived anything for abandoning his
claim or relinquishing the entry. This
affidavit must be corroborated by the
affidavit of one or more persons having
knowledge of the facts relative to the
abandonment of his claim or the relin-
ouishment of the former entry, which
corroborated affidavit may be executed
before any officer authorized to admin
lister oaths, and having an official seal.
Section 2 of the act Of June 5, 1900
| (3l Stat, 267), allows homestead en-
try to person otherwise qualified who,
prior to the date of the act, made home
stead entry and commuted the same un-
der the provisions of Section 230l, Re-
vised Statutes, and the amendments
thereto, but such second entry is not
subject to communication.
The act of May %, 1902 (32 Stat, 203),
allows a second homestead entry to a
person otherwise qualified who, prior
to May II, 1900, made and perfected a
homestead entry, paying therefor the
price provided under the law opening
the land for settlement, but to which
land, had he not perfected title prior to
the date mentioned, he would have been
entitled to receive a patent without pay
ment under the free homes act" Said
act does not allow communication unless
proof submitted on land first entered
shows five years residence
A person applying to make second en-
try under the provisions of the acts des-
cribed in paragraphs and 4, Of a speci-
fic tract of public land subject to home
stead entry, must file with such applica-
ton his affidavit, describing his original
entry by section, township and range
numbers Tor number of the entry and
name of the land office where made),
date of the entry and date when final
entry was made therefor. AS the facts
required to be shown in support of such
application are matters of record no cor
roboration will be necessary.
When an application is presented the
register and receiver will examine same
and, if not executed before proper Of
ticer, or (when made under the act of
February s, l90S) if not corroborated, or
if otherwise fatally defective, they will
reject the same subject to appeal Up
on proper showing the register and re-
ceiver may, if the person is entitled
thereto, allow second homestead entry
to be made, and must endorse upon the |
application and receivers duplicate re-
ceipt: Allowed under section 2 of the |
act of June 5, 1900" or "Act of May %, |
1902" or "Act of February s, 1905" as
the case may be.
In addition to the general acts here
inbefore mentioned, there are a number
of acts Of Congress applicable only to
limited areas, which in certain contin- |
gencies, permit the allowance of second |
homestead entries. For specific infor-
nation relative thereto, reference is
made to the general circular of this Of |
fee, issued January 25, 1904, and to the
special acts of Congress applicable to the
areas in question.
In the absence of legislation by Con-
gress extending the homestead right,
the making of one homestead entry ex-
hausts the homestead right, and this
Department is without authority in such
cases to allow second homestead entries
to be made. When applications to MAKE Q
second entry are presented, and appli-
cants fail to show that they come within
the purview of any of the acts of Con-
gress allowing second homestead entries
registers and receivers will reject such
applications, giving the reasons therefor
and allowing the usual right of appeal.
All pending applications will be con-
sidered and disposed of under these
regulations.
Very respectfully,
r A. RAIJJScrp