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About The west shore. (Portland, Or.) 1875-1891 | View Entire Issue (June 1, 1882)
1 Jun, 188a. THE WEST SHORE. 103 PRE-EMPTIONS. The principal difference between the homestead and the pre-emption privi- ege is: 1. That beyond the small fees and commissions to the registers nd receivers, nothing is paid for the "land homesteaded, whereas $1.25 or $2.50 per acre in money or its equiva lent must be paid for the land pre empted. Formerly the homestead rights commenced at date of entry at the local land office. But by the act of May 14, 1880, (already referred to) a homestead claim is allowed to relate back to date of settlement, like a pre emption claim. l The principal resemblances are; 1, jThat certain time is allowed after the first papers are filed in the land office within whichfinal proof must be made. . j 1 1..: i.: 1 acbiucucc auu tuiuvBuun anu im- UNDER THE PRE-EMPTION LAWS. Persons who own thrte-hundred and twenty acres of land, who have left agricultural land of their own (not a town lot) in the tame state cr territory and those who settle for speculation are not entitled to the pre-emption and outside of such limits privileges. If a single woman marry after filing 2. provements are necessary to secure 3. . Settlement may be made on kitle. unsurveyed land. Formerly home- steads could not be entered on unsur- vpva1 lanrla I A claimant under the pre-emption Jaw for land which has been offered is 'required to file a notice of his or her fclaim within thirtv davs from date of settlement. If the land has not been offered for sale, the declaratory state ment must be filed within three months from date of settlement. If the land is not surveyed at date of settlement, the declaratory . statement must be filed within three months from date of filing the township plat of survey in the local office. A failure to file a declaratory statement will render the land subject to the claim of an adverse settler who does thus file the notice of intention re quired by law to claim the land. "Offered lands" are those that have been . advertised and proclaimed for sale, but which were not at the time sold. "Unoffered" lands are such as were never offered. There is very little "offered land" in this country at present, i J irom tne date of settlement. A fatlurt rulings to thus make proof and payment will render the land subject to the claim of an adverse settler who does comply with the law in the matter of filing a declaratory statement and making proof and payment. Within railroad grants the government price is $3.50 per acre I he pre-emption privilege is re- her declaratory statement, she abandons strictea to neads ot lamilies, widows, or her right as a pre-emptor, single persons over the age of twenty Under the pre-emption laws, the one, who are citizens of the United twi of famllv" means the actual States, or who have declared their in- Hvimr head of a family. A deserted tention to become citizens, as required wife 0r one whose husband is a con by the naturalization laws. firmcd drunkard may be the head of a 1 The same requirements as to res- family dence and cultivation and improve- r rom the moment a claimant enters ment must be observed under this law upon land subject to pre-emption with as under the homestead law; that is, the intention of remaining and entering the claimant must actually reside upon the land according to law, and does and make his home upon the land. An I some act showing such intention, he is impression may prevail in the minds of 1 a settler. settlers that because the courts and the Such an act may consist in erect Department have held that a person ing a house, clearing timber, building cannot, under the homestead and pre- fences, etc. emption laws, take lands in the posses-1 Having made a settlement, his next sion of another, and improved and cul-1 step towards securing title is the filing tivated by him, a settler may be released I of his declaratory statement within the and excused from a compliance with I time specified, or he will be liable to the law in the matter of residence. lose his claim. Such, however, is not the fact. Upon 1 A declaratory statement on file in the showing of a failure to comply with proper office is notice to the world of the law on the part of the claimant in the location and extent of a pre-emption this respect, the entry or filing will be I claim 5 and no subsequent amendment, canceled, and the land, restored to the I except lor error or mistake, can oper mass of the public domain, will be sub-1 ate to defeat a right initiated prior to ject to disposal under the laws of the ,uch amendment. United states, ine ngntoi a party to A party cannot rile under the pre take the land improved by, and in the I emption and the homestead law at the nossession of, another, will be a question same time, trt h considered UDon its merits. Good Where land has been reserved and faith must also be shown by the settler tje rele-swta from such reservation, ' I lk llU im tA Art If MAIjB hU Mil Hi ltMAN in the matter of improvements and cul- when tJw ,ad win UcoIJeFiubject to tivation of the land. Proof and pay appropriation. A pre-emptor who has ment may be made at any time alter been living on such land will nave six months of actual residence and im- preference over a pre-emptor who .. tu. manes seuicmeni on mo uay mo lanu provemcmu. u u.u "V'"' . becomes subject to appropriation, other iihalantifl an1 vil. I . . - . The land office fee for filing is $3.00 in California, Oregon, and Washington and Idaho Territories. If the land offered, proof and payment for the same must be made within twelve months from date of settlement. If not offered, said proof and payment must be made' within thirtv-three months ments must be 01 a suDstantiai anu vai- tW being equal. - . MI A. 1 I I- . - . uable character. 1 ne sewer mun i he local land officers have no au- .nMr in nerson at the land office and thority to receive applications to file or f. u: Th vidnce enter land which is in a state of reserva- g,vc ... uw ..,. - ------ . d ho,d them ., h reM.mtlon nf hU witnesses maybe taken before I. ' . .. . t I removeu, anu men pmcc incm on any officer authorized to administer recorj( in order to advance the interest nth under State or Territorial laws in 0r accommodate any individual where such witnesses live at a seiner wno in goou mim is renin .u- .A nPRrm mz on a uaci 01 lanu covcrcu dy m cases !. e - great aistancc ? horneead entry at the date of the can- Blanks wr mis purpw n... v - cellation of said entry, has a superior upon application to the local 'fnd I right to said tract, If he file under the officers.