There is another class of homesteads, designated as "Adjoining Farm Homesteads." In these cases, the law allows an applicant owning and residing on an original farm, to enter other land contiguous thereto, which shall not, with such farm, exceed in the aggregate 160 acres. For example, a party owning or occupying 80 acres, may enter 80 additional of $1.25, or 40 acres of $2.50 land. Or, if the applicant owns 40 acres, he may enter 120 at $1.25, or 60 at $2.50 per acre, if both classes of land should be found contiguous to his original farm. In entries of "Adjoining Farms," the settler must describe in his affidavit the tract he owns and lives upon, as his original farm. Actual residence on the tract entered as an "adjoining farm" is not required, but bona fide improvement and cultivation of it must be shown for five years.
The right to a tract of land under the Homestead Act, commences from the date of entry in the Land Office, and not from date of personal settlement, as in case of the pre-emption.
When a party makes an entry under the Homestead Act, and thereafter, before the expiration of five years, makes satisfactory proof of habitancy and cultivation, and pays for the tract under the 8th section of said act, it is held to be a consummation of his homestead right as the act allows, and not a pre-emption, and will be no bar to the same party acquiring a pre-emption right, provided he can legally show his right in virtue of actual settlement and cultivation on another tract, at a period subsequent to his proof and payment under the 8th section of the Homestead Act.
The 2d section of the act of May 20, 1862, declares that after making proof of settlement, cultivation, etc., "then, if the party is at that time a citizen of the United States, he shall be entitled to a patent." This, then, requires that all settlers shall be "citizens of the United States" at the time of making final proof, and they must file in the Land Office the proper evidence of that fact before a final certificate will be issued.
A party who has proved up and paid for a tract of land under the Pre-emption Act, can subsequently enter another tract of land under the Homestead Act. Or, a party who has consummated his right to a tract of land under the Homestead Act will afterward be permitted to pre-empt another tract.
A settler who desires to "relinquish his homestead must surrender his duplicate receipt, his relinquishment to the United States" being endorsed thereon; if he has lost his receipt, that fact must be stated in his relinquishment, to be signed by the settler, attested by two witnesses, and acknowledged before the register or receiver, or clerk or notary public using a seal.
When a homestead entry is contested and application is made for cancellation, the party so applying must file an affidavit setting forth the facts on which his allegations are grounded, describing the tract and giving the name of the settler. A day will then be set for hearing the evidence, giving all parties due notice of the time and place of trial. It requires the testimony of two witnesses to establish the abandonment of a homestead entry.
The notice to a settler that his claim is contested must be served by a disinterested party, and in all cases when practicable, personal service must be made upon the settler.
Another entry of the land will not be made in case of relinquishment or contest, until the cancellation is ordered by the Commissioner of the General Land Office.
When a party has made a mistake in the description of the land he desires to enter as a homestead, and desires to amend his application, he will be permitted to do so upon furnishing the testimony of two witnesses to the facts, and proving that he has made no improvements on the land described in his application, but has made valuable improvements on the land he first intended and now applies to enter.