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.