THE WEST SHORE.
102
- .JJ'i!.MMt with
m.v enter an 80 aaamoni", "
out regard to price, whether held at
$1.25 or $1.50 per acre; or, if owning
4o acres, he may enter 120 acres ad
dional ofUJ held at $l.5per acre
or of land held at $2.50 per acre,
where 160 acres is now the maximum
quantity of double minimum land sub
ject to homestead entry, but cannot ex
ceed the maximum of 80 acres where
the land proposed to be entered is held
at $2.50 per acre, and where 80 acres is
still the legal maximum in reference to
that class of lands.
Under the laws of May 14, 1880, and
June 15th, 1880, any settler who has
settled, or who shall hereafter settle, on
any of the public lands of the United
States, whether surveyed or unsurveyed
with the intention of claiming the same
under the homestead laws, shall be al
lowed three months in which to file his
application and to relate back to the
date of settlement, the same as if he had
settled under the pre-emption laws.
Parties cannot, under the law of
May 14, 1880, be allowed credit for
settlement on land withdrawn for rail
road purposes prior to the restoration
thereof to market.
RULINGS AND DECISIONS UNDER THE
HOMESTEAD LAWS.
A single woman who makes an entry
under the homestead laws does not for
feit her rights by marriage, provided the
requirements as to settlement and culti
vation are complied with.
A married woman deserted by her
husband made homestead entry and
provided means for improving and cul
tivating the land embraced therein.
Notwithstanding her husband's return,
she will, upon making satisfactory final
proof, receive the patent in her own
name.
A woman may commute (that is pay
for) her deceased husband's homestead
entry and receive a patent in her own
name, and afterwards may make
nomer nomestcad entry in her own
ngni.
1. . .
... vc,0, simultaneous applications
one nas actual settlement and
improvements and the other none, it
should be awarded to the actual settler.
,K.AJ,1yJ',h0,ne6leCl, 10 m,ni" the
cbct of Ud entered by hua under
a. fcnmestead laws must suffer the con
senuences. He cannot be allowed to
make another entry.
A man and woman, after making
Mrh a homestead entry, may marry
without invalidating their rights, if the
i.., ; .nmnlipd with as to r.sidence
and cultivation. Either, homestead
may, if they choose, be commuted.
The right to tax lands of the United
States, entered under the homestead
laws, does not accrue to the State until
the expiration of the period of residence
and cultivation, and until the final proof
required by law shall have been made
and approved, and the final homestead
certificate issued.
A party while having an actual resi
dence on his claim, may work elsewhere
for other people a few weeks at a time.
A homestead party whose entry is
canceled for conflict, may retain the
remainder and amend his entry to em
brace a contiguous vacant tract, not to
exceed the quantity in his original
entry. .,
Final proof of compliance with the
law can be made after five years' resi
dence and must be made before seven
years.
In making final proof, the homestead
party may appear in person at the dis
trict land office, with his witnesses, or
he may appear with his witnesses be
fore the judge of a court of record of
the county and State, or district and
Territory, in which the land is situated.
In the absence of the judge the proof
may be made before the clerk of the
court.
A party cannot relinquish a claim to
another person. Under a relinquish
ment the land reverts to the govern
ment. Where a contestant secures the
cancellation of a claim, his preference
nght is recognized by the act of May
14, 1880. '
As the law allows but one hnmf.0j
Pnvdege, a settler relinquishing or
abandonmg his claim, cannot thereafter
make a second entry; but whpr.
entry is canceled as invalid for some
rcason other than abandonment, and
not the wdlful act of the n. .
- 'Hereby debarred from
Win other respects entitled, and
Y be allowed credit for fees' and
vvu.....v... ,7 on aneM(
homestead entry.
Under the soldiers' and sailors' home. 1
stead act, where the party has failedttf
make entry within six months frcrr, &"""
date of filing, he is not thereby debarred""
from making entry of the tract filed for i
unless some adverse right has interl
vened; and if so, he may enter somi
other tract that is still vacant. Hi
cannot file a second declaration. ,
In computing the time of service nV
ing the rebellion, the General Lar
Office is governed by the dates of thi:
President's proclamations of April ij;
1861, calling out the militia, ani
August 20, 1866, declaring the war i
an end. ' u,
The act of July 1, 1879, for the relid
of settlers on the public lands in M
tricts subject to grasshopper incursion
has rarely been availed of in Oregon,'
or Washington Territory, owing to our'
comparative freedom from the visits d
these destroying pests.
A relinquishment will not be acted
upon by Registers and Receiver unlesi
made before them, which has not beei
duly subscribed by the claimant, mi
acknowledged, witnessed anil execute
in accordance with the laws of the Stab
or Territory in which the land iasito
ated for the valid transfer of real estate
Persons who have settled tuid madt,
valuable improvements upon any odd
numbered section of land within uj
railroad withdrawal, in good faith d
with the permission and license of tin
railroad company for whose benefit tk .
same shall hive been made and with tin
expectation of purchasing of such o
pany land so settled upon,
which y
may, for any cause, be restored tp the
public domain, and who,' at the time j
such restoration, may not be
entitled j
enter and acquire title to such Und l
der the homestead, pre-emption j
timber culture laws, shall be permitt
at any time within three months &
such restoration to purchase, froo;
government not to exceed one-huw
and sixty acres, at $1.50 per cre'
to receive patent therefore. , i
t f
HnmpstAuH rlaimanti on timber
are liable to prosecution for refflO
and selling timber before final Proflf ' j
made.