Year: 1866

popular support.


Homestead Law.


We are asked, both personally and by
letter, so many questions about the Home.
stead Law, that we have thought best to
publish tho outlines Of the law and the
process for securing home. The prin.
cipal object is to furnish permanent
home for settlers. 1t is not intended to
be used for purposes of speculation. A
homestead is secured by filing in the Dis
trict Land Office, an application for the
same, with description and an affidavit
setting out that he or she is citizen OF
the United States, has never borne arms
against tho government Of the United
States, nor given aid or comfort to its en-
emies, and that the application is made
for his or her exclusive use and benefit
and for actual settlement and cultivation.
The applicant must also be either mar
ried person or of lawful age Upon re-
ceiving this application, if there is no
conflicting claim, and upon the payment
Of the legal fee and commissions, which
amount to sixteen dollars, the Rcgiste T
enters the application upon the books and
plats of the office, and reports the entry
TO the General Land Offic, ne "Home-
stead Entry" and from that time, until it
is abandoned or legally cancelled, no per-
son, either ''for love or money is allow
ed to interfere with or disposscss the
claimant Within six months the home
stead must be actually occupied or Guilt
waited as the home Of the claimant, cx-
ccpt that when person owns less than
l60 acres of land, he may take as a Home
stead Entry sufficient land TO constitute
with that already owned) l60 acres,
without actually moving upon the prem
ises so taken, they becoming n part ofthe
actual home of the settler From the
time of filing the application, the land
must not be abandoned for six months at
any one time, no part Of it can be sold OF
bargained away, it is not subject to forced
sale for debt Of any character, and is not
transferable property in any sense. 1t Is
doubtful if a proposition, even, to sell anv
part of Homestead Entry does not vi
tiate the Homestead right. This right
can only be enjoyed once, 4 person liv-
ing remote from the Office may make the
necessary affidavit before the Clerk Of 4
Court or a Notary Public. 4 person
wishing to relinquish his homestead, can
do so by surrcndcring his Homestead
Receipt TO the Register, with his relin.
qushment endorsed thereon, which be
ing sent to the General Land Office and
proving satisfactory. the entry is cancel
led, after which it becomes subject e
homestead or pre-emption claims, but
cannot otherwise be sold for cash until il
is again. reoffered at public sale, by pro-
clamation. The claimant Of homestead
may prove up and enter his homestead al
the minimum price Isl % per acre. al
any time after he has made the necessary
improvements thereon, the same as in
pre.emptions. Persons wishing TO claim
lands which have been taken as home
steads, but which they believe have beer
abandoned, must set out in an affidavit
that the premises have never been occu
pied or have been abandoned by the
/ claimant for more than six months las
past. 4 time for hearing will then b.
set, the parties will be notified and unles
the original claimant appears and proves
occupation or cultivation, the proof o
abandonment being sufficient, his claim
will be cancelled. These rules may b.
somewhat modified by circumstances, sucl
as unavoidable detention from the home
stead, where the bona tfdcs of the claim
ant is shown; being in the military ser
vice of the United States, &c, but th'
great principles, that homestead mus
be taken for home, and must be made


the actual residence of the claimant, viii
be invariably adhered to. At the en'
offve years the claimant makes proof o
continuous occupancy and receives pa
tent, and then his title is perfect.-Visa
liza Delta.