Homestead and Pre-emption.
Homesteads.—Every head of a family, widow, single man or woman of the age of twenty-one years, who is a citizen of the United States, or who has declared his or her intention of becoming so, can enter upon 80 acres of government land within the limits of a railroad grant, or 160 acres outside said limits; and after a continuous residence upon it and cultivation for five years, an absolute title to the land will be given by the United States government, at a total cost of about $9 on 80 acres, or $18 on 160 acres.
Soldier’s Homestead.—Any soldier or sailor who served during the rebellion not less than 90 days, and was honorably discharged, can homestead 160 acres, either within or outside of the limits of a land grant, and his term of service will be deducted from the five years’ residence required upon the land; but in any event he must reside one year upon it. Thus, if he served three years, he would have to reside upon the land two years; and in the event of his having served four or five years, one year’s residence would be necessary.
A soldier or sailor has the privilege of filing application for homestead upon the land through an agent or attorney, and need not for six months commence actual settlement upon it. Absence from a homestead at any time, for more than six months, works a forfeiture of right to the land.
Pre-emptions.—Any person qualified under the homestead laws can pre-empt 160 acres of government land within the limits of a railroad grant, and after an actual residence upon and cultivation of the same for at least six months, can obtain title by payment of $2.50 per acre, or, if outside the limits, $1.25 per acre. It is imperative, however, that the person so pre-empting shall (with his family, if any) reside upon the land. The cultivation of a few acres is sufficient. The same person, after having complied with the requirements of the laws of pre-emption, can homestead 80 acres within the railroad grant, or 160 acres outside the limits. In this way, a soldier or sailor can secure 320 acres within the limits; and it is open to the world at large for any man to acquire his 240 acres.
An Additional Homestead.—In addition to the Homestead and Pre-emption laws, a recent act has been passed, whereby every settler, as the fruits of his industry, can obtain another freehold of 160 acres under the following act:
An Act to amend an Act entitled “An Act to encourage the growth of timber on western prairies.”
“Any person who is the head of a family, or who shall have arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, who shall plant, protect and keep in a healthy, growing condition for eight years, 40 acres of timber, the trees thereon not being more than twelve feet apart each way, on any quarter section of any of the public lands of the United States, or 20 acres on any legal subdivision of 80 acres, or 10 acres on any legal subdivision of 40 acres, or one-fourth part of any fractional subdivision of land less than 40 acres, shall be entitled to a patent for the whole of said quarter section, or of such legal subdivision of 80 or 40 acres or fractional subdivision of less than 40 acres, as the case may be, at the expiration of the said eight years, on making proof of such fact by not less than two credible witnesses.”
How To Pre-empt.—When you have selected the land you wish for pre-emption or homesteading under whatever right, it is better to get a land attorney or clerk in the nearest land office to make out the necessary papers. This saves time, and the danger of mistakes.
The Latest Regulations.—Commissioner Williamson, of the General Land Office, has issued a circular to all registers and receivers throughout the country, containing instructions requisite to carry into effect two Acts of Congress, approved on the 3rd of April, relative to homestead entries. The first provides a new method of making the final proof in homestead entries. It dispenses with the present necessity of attendance at the district land office. The person desiring to avail himself thereof must appear with his witnesses before the judge of a court of record of the county and State, or district and Territory in which the land is situated, and there make the final proof required by law according to the prescribed forms; which proof is required to be transmitted by the judge or the clerk of the court, together with the fee and charges allowed by law. The judge being absent in any case, the proof may be made before the clerk of the proper court. The fact of the absence of the judge must be certified in the papers by the clerk acting in his place. If the land in any case is situated in an unorganized county, the statute provides that the person may proceed to make the proof in the manner indicated, in any adjacent county in the State or Territory. The fact that the county in which the land lies is unorganized, and that the county in which the proof is made is adjacent thereto, must be certified by the officer. The other law to which attention is invited by this circular is entitled “An Act for the relief of settlers on the public lands under the pre-emption laws.” Under this statute, a person desiring to change his claim under a pre-emption filing to that of a homestead entry, should be required, on making the change, to appear at the proper land office with his witnesses, and show full compliance with the pre-emption law to the date of such change, as has heretofore been required in transmutation cases. Proof of such compliance must be forwarded with the entry papers to this office. When the person applies to make final proof, he must show continued residence and cultivation as required by the homestead law. In case an adverse claim has attached to the land, due notice in accordance with rules of practice must be given all persons in interest, of time and place of submitting proof in support of the application to make such change. The adverse claimants will be entitled to the privilege of cross-questioning the applicants’ witnesses, and of offering counter proof.
Lands formerly designated