Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1908-04-17
SECOND HOMESTEAD ENTRIES
Instructions From General Land Of
flee to the Local offices, Issued
February. 10Th, 1908.

I. The act of Feb 8, 1908, allows aper-
son otherwise qualified to make second
homestead entry where such person has
made and lost, forfeited or abandoned
former homestead entry prior to the pass
age of said act, and such former entry was
not cancelled for fraud nor abandoned or
relinquished for consideration
2. The person applying to.make second
homestead entry under this act must file in
the local land Office an application to enter
specific tract of public land subject to
homestead entry. accompanied by his aft
davit executed before an officer authorized
to administer oaths in homestead cases,
stating description of former entry by Sec
ton, township and range numbers Tor num-
Der of entry and name of land Office where
made); date of entry; when he lost, forfeit
ed 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 REIMBURSEMENT of the for
mer entry, which corroborated affidavit
may be executed before any officer author
ICED to administer oaths, and having an
official seal.
8. Sec. of the act of June $, 1000 (31
Stat, 267), allows second homestead en-
try to person otherwise qualified who,
prior to the date of the act. made home
stead entry and committed same under the
provisions of section 1901, Revised Stat
utes, and the amendments thereto, but
such second entry is not subject to COM
mutation.
4. The act of May 22, 1902 (32 Stat,
2o3), allows second homestead entry to
person otherwise qualified who, prior to
May II, 1900, made and perfected home
stead entry, paying therefor the price pro-
vided 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
patent without payment under the free
homes act" Said act does not allow COM
mutation unless proof submitted on land
first entered shows five years residence.
S. A person applying to make second en-
try under the provisions of the acts describ-
ed in paragraphs and 4, of a specific
tract of public land subject to homestead
entry. must file with such application 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 sup
port of such application are matters of
record no confederation will be necessary.
g. When an application is presented the
register and receiver will examine same
and, if not executed before proper officer,
or (when made under the act of February
g. 1oo8) if not corroborated or if other
wise fatally defective, they will reject the
same subject to appeal. Upon proper
showing the register and receiver may, if
the person is entitled thereto allow second
homestead entry to be made, and must en-
dorse upon the application and receivers
duplicate receipt: Allowed under section
of the act of June S, 1900" or Act of
May 22, 1902" or "Act of Feb. 8. 1908, I"
as the case may be.
7. In addition to the general acts here
inbefore mentioned, there are number
of acts of Congress applicable only to linn
tied areas which, in certain contingencies,
permit the allowance of second homestead
entries. For specific information relative
thereto, reference is made to the general
circular of this Office, issued Jan. 25,19o4,
and to the special acts of Congress appli-
cable to the areas in question.
8. In the absence of legislation by Con-
gress extending the homestead right, the
making of one homestead entry exhausts
the homestead right. and this Department
is without authority in such cases to allow
second homestead entries to be made.
When applications to make second entries
are presented, and applicants fail to show
that they come within the purview of any
of the acts of Congress allowing second
homestead entries, registers and receivers
will reject such applications, giving the
reasons therefor, and allowing the usual
right of appeal.
9. All pending applications will be con-
sidered and disposed of under these reg