The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-05

district in which such lands are Sit
uated.
How Claims Under the Homestead
Law Originate.
3. Claims under homestead laws
may be initiated either by settlement
on surveyed or unsuryeyed lands or
the kind mentioned in the foregoing
paragraph, or by the filing of SOL
dier's or sailors decIaratory state
ment, or by the presentation OF an
application to enter any surveyed
lands of that kind.
a. Settlements may be made I'M
der the homestead laws by all per-
sons qualified to make either an Or
iginal or a second homestead entry,
as explained in paragraphs and 10,
and in order TO make settlement a
settler must personally go upon and
improve or establish residence upon
the land he desires. BY making
settlement in this way the settler
gains the right to enter the land set
led upon as against all other persons
but not as against the government
should the land be withdrawn by it
for other purposes.
A settlement made on any part OF
a surveyed technical quarter section
gives the settler the right to enter
all Of the quarter section which is
then subject to settlement, although
me may not place improvements on
each forty acre subdivision; but ii
the settler desires to initiate claim
to surveyed tracts which form part
of more than one technical quarter
section he should perform some act
of settlement-that is make some
improvement on each Of the legal
subdivisions desired. When settle
ment is made on unsurveyed lands,
the settler must plainly mark the
boundaries Of all the lands claimed
by him.
The settlement must be made by
the settler in person, and cannot be
made by his agent, and each settler
must, within a reasonable time, at
ter making his settlement, establish
thereafter, and continuously main
tain an actual residence upon the
land, and If he fails to do this, or
in case of his death, his widow, heirs
or devisees fail to continue cultiva-
ton or residence, or If he, or his
widow, heirs or devisees, fail t.
make entry within three months
from the time he first settles on sur
yeyed land, or within three months
from the filing in the local land Of
flee of the plat of survey of I'M
surveyed lands, on which he made
settlement, the right of making en-
try of the lands settled on will be
lost in case of an adverse claim, and
the land will become subject to en-
try by the first qualified applicant.
S. Soldiers and sailors declara-
tory statements may be filed in the
land office for the district in which
the lands desired are located by any
persons who have been honorably
discharged after ninety days, service
in the army or navy of the United
States during the war of the rebel
lion or the Spanish-American war OF
the Philippine instruction. Declar-
atory statements of this kind may be
filed either by the soldier or sailor
in person or through his agent act
ing under proper power OF attor-
uey. but the soldier or sailor must
make entry of the land in person,
and not through his agent, within
six months from the filing of his
declaratory statement, or he may
make entry in person without first
filing a declaratory statement If he
so chooses. If declaratory state
ment is filed by soldier or sailor in
person, it must be executed by him
DeTOro one VI Tie Oll4CeAS AAoAIAonS0
in paragraph sixteen, in the county
or land district in which the land is
situated; If filed through an agent.
the affidavit of the agent must be
executed before one of the officers
above mentioned, but the soldiers
affidavit may be executed before any
officer using a seal and authorized
to administer oaths and not neces-
sarily within the county OF land dis
trict in which the land is situated.
BY WHOM HOMESTEAD ENTRIES
MAY BE MADE.
s. Homestead, entries maybe made
tx,, ,r,1,0 Z.