Year: 1872

seldisss' and Sailess' EEsmsstsals.
The act Of June 8, 1872, to amend


an act relating to soldiers and sailors


homesteads, authorizes the Commits
sfoner of tho General Land Office to


make rules and regulations to carry
| the same into effect. Under this ati-
thority Commissioner Dlnmmond has
issued circular directing that in case
Of original claimants immediate entry


may be made; but if the party SO
elects, he may file q declaration to the
effect that he claims specified tract
Of land as his homestead, and that he


takes it for actual settlement and cul-
| tivation.
At any time within six months from
the date of said declaration. the prin-
cipal may make, in the usual manner,
homestead entry Of the tract. Should
the party present his declaration
through an agent, said agent must pro-
duce q duly executed power of attor-
ney from the pricipal desiring TO make
the entry, who viii be bound by the
selections bis agent may make. Fail
ure on the part of principal TO make
entry of the tract filed upon within
six months from the date of said filing,
will be regarded as an abandonment,
and will entail q forfeiture Of all right
Of the sald principal to the benefits of
this act. tt


When making the homestead entry,
widows must make affidavit of their
widOwhood and right to enter; and in
case Of minor orphan children, the
duly appointed guardian must file
certified copies of the power of guard
ianship when making the declaration,
which must be transmitted with the
abstract of such declaration. II is not
compulsory III any ease that a party
when applying in person should first
file deciaratory statement.


Settlers whose entries have been
cancelled, must make oath that they
had made an entry while i'm the mill
tary 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 from the date
of his discharge from the service, and


that his entry was cancelled by reason
of his absence from theclaim for more
than six months while in the United


States service. II the land covered by.
the original entry is found to be UNI


disposed of, the entry will be rein,


stated on the records, and the appH-


cant allowed to make proof that he


had settled upon, improved, and culti-


waited the tract, which proof, if salts


factory, will entitle him to d patent


If the tract has been disposed Of. he
will be allowed to select another home
Estead, and tho proof of the settlement
and cultivation Of the first tract may


be used by him in proving his claim in


the second entry. No entrics vof this


kind will be allowed except upon In


structiOns from the Commissioners


Office.


Applicants for additional land will
gle the applications for the tract desir-
ed, which must be contiguous to the
original homestead. The entire tract
must not exceed one hundred and six
ty acres, except in the nature Of an


immaterial excess caused by the frac-


tional character of some subdivisions
of the public surveys, such as is now
allowed in similar cases. The appli-
cation must be accompanied by the
prescribed evidence of the 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.


When applications arc filed under
this act there will be required from
original applicants certified copies of
certificate Of discharge, showing when
the party enlisted and when he was
discharged, or Ii these can not be pro-
cured, then satisfactory evidence OH
these points.


In case of widows, evidence of
military service of husband and afiida-
Wit of widowhood. W


In case of minor orphan children. in
addition to evidence of military SER
vice, 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
by copy Of marriage certificate, OF of
the record of the same, or testimony
of two witnesses to the marriage cerc-
mony.


The register and receiver will be al
lowed to charge one dollar each for
receiving and filing the initiatory dec
larati6n of the parties whenever they
exercise the privilege of first filing
such declaration, but will take care to
advise applicants that such declaration
is not necessary where they first apply
in person to make an actual home
stead entry This fac tho rcceivpr will
account for in the usual manner, indi-
eating the same therein as fees for


"homestcad declarations" which will


be charged against the maximum
amount now allowed by law. In the


States and Territories, for which fifty


per centum additional is allowed by
sixth section of the act Of March 81.
1864, the additional allowance will ap-
ply to the fee herein named.