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
As Mineral,
Can be entered by preëmption upon proof that mines or minerals are not contained therein. Lands found, after entry as agricultural, to contain valuable mineral deposits, such entry will be cancelled. Where, however, a patent has issued, and the land has been afterwards found to embrace a valuable deposit or lode, the title is valid, as the land has ceased to be part of the public domain. Proof, however, that the deposit, lode or mine was known before the patent issued will invalidate title thereto. Titles to town sites and lots are held subject, also, to mineral rights, which remain in the United States.
Under Act of 1876, it was permitted to any person, under the limit of citizenship, or declaration of intent, to proceed upon the public land, and occupy such area, to the extent of one section, or 640 acres, which cannot be cultivated or used for agricultural purposes, with the artificial conveying of water thereon and irrigation; three years being given to construct the necessary works and improvements. The price of such land is to be $1.25 per acre, one-fifth being required to be paid at the time of location. In consequence of doubt as to the character of land which this act was designed to embrace, and charges made of fraudulent entries, further legislation will doubtless be had on this subject.
Coal lands are allowed to be entered in legal subdivision parcels, not to exceed 160 acres to any one person, or double that quantity to an association; the price of the same to be $20 and $10 per acre, according to whether or not the same be located within fifteen miles of a completed railroad.
Rivers are deemed navigable only when they are used, or are susceptible of being used, for commercial highways. The shores and soil under them were reserved to the States respectively, and new States have the same jurisdiction and sovereignty as old ones. The Land Office has never permitted a complication of such rights by attempting or permitting the sales of any portion of the beds of said rivers or streams.
Saline lands are not subject to homestead or preëmption entry. This policy has been uniform since the beginning of our land system. The Supreme Court has held uniformly that Congress has uniformly designed to prevent the sale of saline deposits and springs. The existence of such deposit or spring withdraws any quarter or other large portion of a section from settlement and location.