Pre-emptions.
Heads of families, widows or single persons (male or female) over the age of twenty-one years, who are citizens of the United States, or who have declared their intention to become such under the naturalization laws, may enter upon any "offered" or "unoffered" lands belonging to the United States, or any unsurveyed lands to which the Indian title has been extinguished, outside of the limits of any land grant, and purchase not exceeding 160 acres under the pre-emption laws. If the tract is "offered" land, the settler must file his "declaratory statement" in the United States District Land Office within thirty days after making settlement; and within one year from the date of settlement he must make proof of actual residence on and cultivation of the land, and thereupon purchase the same at $1.25 per acre, if outside of the limits of a railroad land grant, and at $2.50 per acre if within railroad land grant limits. If the tract is "unoffered" land, the settler must file his "declaratory statement" within three months from the date of settlement, and make final proof and payment within thirty-three months from the date of settlement. If the tract is unsurveyed land, the declaratory statement must be filed within three months after the approved plat of the township is received at the United States District Land Office, and final proof and payment must be made within thirty months after the expiration of the said three months. A pre-emptor may submit proofs of continuous residence at any time after six months from the date of settlement, and obtain title to his land. The settler in possession of a valid pre-emption claim may, at any time, convert his pre-emption claim into a homestead. No person who abandons his residence upon land of his own (not a town lot) to reside upon public lands in the same state or territory, or who owns 320 acres of land in any state or territory, is entitled to the benefits of the pre-emption laws.