Year: 1872

as m the first instance. When making a home stead entry, the widow mus. make affidavit of her widowbood and right to enter: and in case of minor orphan children, the duly appointed guar olan must nIe certified copies of the power of guardianship when making the declaration. which

 must be transmitted with the abstract of such declaration IL IS not compulsory in any ease that party when applying in person should first file a deearatory statement. That is privilege accord ca him, but he may at once make an entry of the under the law.

 l. Settlers 'chose entries hare been eaneeled-

 The applicant must make oath that he had made an entry while in the military or naval service or prior to such service, giving the date of entry and describing the tract of land entered: that he went upon. or returned to the land within six months rom the date of his discharge from the service, ana that lls entry was cancelled by reason of his absence from the claim for more than six months

 while in the United States service This affidavit you Will transmit, with report of the condition of your records, for the examination of this office when, If found correct, and the land covered by the original entry Is found to be undisposcd of. The entry will be reinstated on the records and the applicant allowed to make proof that be had settled upon, Improved, and cultivated the tract, which proof, II satisfactory, will enttle him to

 patent. If the tract has been disposed of he will

 be allowed to select another homestead, and the proof of settlement and cultivation of the first tract may be used ny him in proving his claim in the second entry. You ,cR not ho,cerer ailoic any entry under his headercept upon obstruction from this office.

 4. Applicants for additional iand-Such persons

 will file their applications for the tract desired

 which must be contiguous to the origilal homestead The entire tract must not exceed one hundred and sixty acres except in the nature of an immaterial excess, caused by the fractional character of some subdivisions of the public surveys such as is now allowed in similar cases. The application must be accompanied by the prescribed evidence of lhe

 military or naval service of the applicant and of

 his right to the benefit of the law. An entry of additional land will take the current date A, B, c, D, are forms of declaration applica- ton, affidavit, and receipt to be used under this

 law, and you will be careful to use them in all cases arising under it. In addition to these forms you will require, when entries are made in the future:

 lst. From original applicants, certified copies

 of certificate Of discharge, showing when the party enlisted and when he was discharged or if these cannot be procured, then satisfactory cvi- dencc on these points.

 2d. In the case of widows, evidence of militia ry service of husband and affidavit of widow hood.

 Sd. In the case of minor orphan children, In addition to evidence of military service proof of

 death or marriage of the mother. Evidence of | death may be the testimony of two witnesses or certificate of physician duly attested Evidence of marriage may be certified copy of marriage

 certificate, or of the record of the same or testi-

 mOny of two witnesses to the marriage ceremo- ny.

 | The register and receiver will be allowed to | charge one dollar each for receiving and filing

 the initatory declaration of the parties whenever

 they exercise the privilege of first filing such dec laration, but you will take care to advise appli-

 cants that such declaration Is not necessary where the first apply in person to make actual home. | stead entry. This fee the receiver will account for in the usual manner, indicating the same therein as fees for "homestead declarations, ''

 which will be charged against the maximum of | S3 900 now allowed by law. In the States and

 Territories, for which 50 per centum additional is allowed by sixth section of the act of March 21, | 1884, the additional allowance will apply to the | fee herein named

 l Should any doubt arise in your mind upon any

 point of the law, you will promptly communicate with this office and await instructions in the

 premises. WILLIS DRUMMOND, Commissioner. To REGISTERS AND RECEIVERS of United States Land Offices.