Year: 1872

"oeOAiiOJ' AA0A oAS PAAAOAPDA NooAhAH6 6

 to make the entry, who will be bound

 by the selection his agent may make,

 the same as though made by himself.

 Failure on the part of principal to

 make entry of the tract filed upon by

 himself, or agent, within six months

 from the date of said filing, will be

 regarded as an abandonment, and will

 entail forfeiture of all rights of said

 principal to the benefits of this Act.

 2. Claims of widows and orphan

 children. The initiation of 6 claim

 by declaration will be the same as in

 the first instance. When making the

 homestead entry, the widow must

 make affidavit of her widowhood and

 right to enter and in case of minor

 orphan children. the duly appointed

 guardian must file certified copies of

 the power of guardianship when

 making the declaration, which must

 be transmitted with the abstract of

 such declaration. It is not compul-

 sorry in any case that party when

 applying in person should first file

 declaratory statement. That is

 8 privilege accorded him, but he may

 at once make an entry of the land

 upon the proofs necessary to show his right under the law.

 3. Settlers whose entries have been cancelled. 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 from the date of his discharge from the service, and that his 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 rec ords, for the examination of this of- flee, when, if found correct and the land covered by the original entry will be reinstated on the records, and the applicant allowed to make proof that he had settled upon, improved, and cultivated the tract, which l proof, if satisfactory, will entitle him to a 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 by him in proving his claim in the second entry. You will not, however, allow any entry under this head except upon in- structions from this office.

 5. Applicants for additional land Such persons will file their applica- tions for the tract desired, which must be contiguous to the original home stead The entire tract must not ex- ceed one hundred and sixty acres, ex- cept in the nature of an immaterial excess, caused by the fractional char acter of some subdivisions of the pub lie surveys, such as is now allowed in similar cases. The application must be accompanied by the prescribed evidence of the military and 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. l

 A, B, c, D, are forms of declara- ( ton, application, affidavit, and receipt to be used under this law, and you 1 will be careful to use them in all $ cases arising under it. In addition to $ these forms you will require when en- l tries are made in the future: t

 1st. From original applicants, cer- t 5ifed copies of certificate of discharge, r showing when the party enlisted and c when he was discharged, or, if these s cannot be procured then satisfactory evidence on these points. (

 2d. In case of widows, evidence of service of husband and afi- lavit of widowhood.

 , Sd. In case of minor orphan chil- h lren, in addition to evidence of mill II ary service, proof of death or mar I iage of the mother. Evidence of d Ieath may be the testimony of two ti witnesses or certificate of physician p ully attested. Evidence of marriage h nay be certified copy of marriage p or of the record of same, T r testimony of two witnesses to the al marriage ceremony. ca The register and receiver will be ~ ~ flowed to charge one dollar each for VI VI and filing the initiatory re II, eclaration of the parties whenever L ley exercise the privilege of first fil- -, ,,,ob doo1oro4;oD hut vo1 will |