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law, to the satisfaction of the Commissioner of the General Land Office.

17 Stat. 10; R. S. 2287. U. S. v. Fitzgerald, 15 Pet. 407. 4 Op.

Att. Gen. 223; 7 id. 647. SEC. 210. Any person, wbo has already settled or here. Right of transafter may settle on the public lands, either by pre-emption, der homestead of or by virtue of the homestead law or any amendments pre-emption laws

for certain public thereto, shall have the right to transfer, by warranty against purposes. his own acts, any portion of his pre-emption or homestead for church, cemetery, or school purposes, or for the right of way of railroads across such pre-emption or homestead, and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to their pre-emptions or homesteads.

17 Stat. 602; R. S. 2288. SEC. 211. Nothing contained in this chapter shall delay Sale of land not the sale of any of the public lands beyond the time appointed to be delayed, &o. by the proclamation of the President.

5 Stat. 457; R. S. 2282. Decision Sec. Int., Feb. 5, 1876. NOTE.—The following acts authorizing settlers upon the public lands under the pre-emption, homestead, and timber-culture laws, whose crops were destroyed by grasshoppers, to absent themselves temporarily from their lands, &c., and extending the time for making final proof, have been passed from time to time by Congress, viz: 18 Stat. 81; 19'id. 54, 55, 59, 405; 20 id. 88, 169; act of June 4, 1880.

1

CHAPTER EIGHT.

HOMESTEADS.

zens.

Sec.

Sec. 212. Who may enter certain unappropri- 235. Soldiers' and sailors' homesteads. ated lands.

236. Deduction of military and naval sery213. Mode of procedure.

ice from time, &c. 214. Pre-emption filing changed to home- 237. Persons who have entered less than stead entry.

160 acres, rights of.
215. Homestead settlers allowed same time 238. Widow and minor children of persons

as pre-emptors to file application entitled to homestead, &c.
for lands.

239. Actual service in the Army and Navy
216. Certificate and patent, when given equivalent to residence, &c.
and issued.

240. Who may enter by agent. 217. When rights inure to the benefit of 241. Homestead right extended to Indians infant children.

who sever their tribal relations. 218. Homestead entries of insane persons 242. Certain Indian homesteads confirmed. confirmed in certain cases.

243. Chiefs, &c., of Stockbridge Munsees, 219. Persons in military and naval service, homestead rights of.

when and before whom to maké 244. Exemption of homestead, Stockbridge
affidavit.

Munsees.
220. When persons may make affidavit 245. Stockbridge Munsees becoming citi-

before clerk of court. 221. Record of applications.

246. Unsold lands of Ottawa and Chip222. Homestead lands not to be subject to pewa Indians, how opened for prior debts.

homesteads. 223. When lands entered for homesteads 247. Selections for minors under precedrevert to Government.

ing section. 224. Publication of notice of contest in 248. Bona-fide settlers on above lands prior homestead cases.

to, &c. 225. Notice of intention to make final 249. Certain lands to be patented to Indiproof.

ans making selection. 226. Publication of notice of entry.

250. Cultivation of trees on homestead 227. Lands covered by relinquished home

tracts.
stead claims subject to entry at 251. Entry of 160 acres of double-minimum
once.

lands allowed after March 3, 1879. 228. Party contesting, homestead entry Additional entry of adjoining lands

allowed thirty days after notice of allowed. New entry, when allowed.
cancellation to make entry.

252. Homestead claimants or their assign229. Limitation of amount entered for

ees may purchase lands at $1.25 per homestead.

acre in certain cases. 230. Existing pre-emption rights not im- 253. Confirmation of homestead entries paired.

within railroad limits made prior 231. What minors may have the privileges

to receipt of notice of withdrawal of this chapter.

at local office. 232. Payment before expiration of five 254. Lands within railroad grants reyears; rights of applicant.

entered by claimants after aban233. No distinction on account of race or

donment. color, &c.

255. Homestead entries made after expira234. What lands disposed of only as home- tion of land grants, confirmed.

steads.

Who may enter

lands.

SEC. 212. Every person who is the head of a family, or certain unapproo who has arrived at the age of twenty-one years, and is a public

citizen of the United States, or who has filed his declaration
of intention to become such, as required by the naturaliza-
tion laws, shall be entitled to enter one quarter-section or a
less quantity of unappropriated public lands, upon which
such person may have filed a pre-emption claim, or which

may, at the time the application is made, be subject to preemption at one dollar and twenty-five cents per acre; or eighty acres or less of such unappropriated lands, at two. dollars and fifty cents per acre, to be located in a body, in conformity to the legal subdivisions of the public lands, and after the same have been surveyed. And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres.

12 Stat. 392; 18 id. 15, 22, 194, 334, 420; 19 id. 35, 405; R. S. 2289. Rail

way Co. v. Watts, 2 Dillon, C.C. 310. Bellows v. Todd, 34 Iowa,
18; Deland v. Day, 45 id. 37; Blair Town Co. v. Kitteringham,
43 id. 462; Walker v. Stone, 48 id. 92; Stalmacker v. Morrison, 6
Neb. 363; Stark v. Baldwin, 7 id. 114; Railway Co. v. Baloni, 7
id. 247 ; Keeran v. Allen, 33 Cal. 542; Emmerson v. Samsome, 41
id. 552. Decisions Sec. Int., Oct. 16, 1870; April 28, 1871 (1 Copp's
L. O. 36); June 20, 1871 (1 id. 114); July 8, 1871 (Copp's L. L.
231); Nov. 1, 1871 (id. 240); June 19, 1872; May 19, 1874; June
1, 1874 (1 Copp's L. 0. 35); Sept. 16, 1874; Aug. 25, 1875 (2 Copp's
L. 0.83); Sept. 23, 1875 (2 id. 100); Jari

. 12, 1876 (2 id. 162); April
4, 1876 (3 id. 21); April 12, 1876 (3 id. 52); April 29, 1876 (3 id. 114);
Aug. 3, 1876 (3 id. 122); Jan. 5, 1877 (3 id. 164); March 7,1877; Sept.
14, 1878; Jan. 6, 1879 (5 Copp's L. 0. 179); Sept. 16, 1879 (6 id. 108);
Sept. 27, 1879 (6 id. 107); June 22, 1880 (7 id. 66). Decisions Com.
G. L. O., Dec. 18, 1867 (Zab. L. L. 162); Feb. 28, 1868; (id. 164);
May 15, 1868 (id. 165); June 23, 1870 Copp's L. 0.25); May 8,
1871 (Copp's L. L. 2:28); July 11, 1871; Feb. 5, 1873; March 28,
1873 (2 Copp's L. 0. 57); Feb. 10, 1874 (1 id. 3); March 11, 1874
(1 id. 19); March 20, 1874 (1 id. 34); March 26, 1874 (1 id. 4); April
15, 1874 (1 id. 20); May 7, 1874 (1 id. 39); May 15, 1874 (1 id. 35);
May 21, 1874 (1 id. 35); Aug. 4, 1874; Sept. 26, 1874 (1 Copp's L.
0. 99); Sept. 29, 1874 (6 id. 172); Oct. 5, 1874 (Copp's L. L. 280);
Oct. 28, 1874; Nov. 27, 1874 (1 Copp's L. 0. 163); Feb. 20, 1875
(1 id. 180); March 27, 1875 (- id. 34); May 22, 1875 (2 id. 82); Dec.
1, 1875 (2 id. 132); April 13, 1876 (3 id. 19); June 8, 1876 (2 id. 181);
Dec. 5, 1876 (3 id. 178); Jan. 6, 1877 (4 id. 168); Jan. 12, 1877 (4 id.
107); March 23, 1877 (6 id. 137); July 11, 1877(4 id. 83); Aug. 16,
1877 (4 id. 103); Aug. 18, 1877 (4 id. 107); Nov. 28, 1877 (4 id. 146);
Jan. 8, 1878 (6 id. 125); Dec. 7, 1878 (5 id. 147); June 23, 1879 (6 id.
51); July 30, 1879 (6 id. 106); Oct. 10, 1879 (6 id. 125); Feb. 3, 1880

(6 id. 190). Cir. G. L.O., Oct. 30, 1862 (Zab. L. L. 147, 151); June · 25, 1869 (Copp’s L. L. 248); Aug. 15, 1872 (1 Copp's L. O. 28); Jan. 19, 1878 (o id. 125); Aug. 1878 (5 id. 118); Oct. 18, 1878 (5 id. 164); Nov. 1, 1878 (5 id. 147); Nov. 14, 1878 (5 id. 165); July 1, 1879 (6 id. 92); Sept. 1, 1879. Rules 24-27, G.L. 0. Rep.

1877, p. 101. SEC. 213. The person applying for the benefit of the pre- Mode of proceding section shall

, upon application to the register of the cedure. land office in which he is about to make such entry, make affidavit before the register or receiver that he is the head of a family, or is twenty-one years or more of age, or has performed service in the Army or Navy of the United States, and that such application is made for his exclusive use and benefit, and that his entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person; and upon filing such affidavit with the register or receiver, on pay. ment of five dollars when the entry is of not more than eighty acres, and on payment of ten dollars when the entry is for more than eighty acres, he shall thereupon be permitted to enter the amount of land specified. 12 Stat. 392; 13 id. 33; 14 id. 67; 18 id. 192, 420; R. S. 2290. Litch

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field v. Register and Receiver, 1 Woolw. C. C. 299. Oaks v. Heaton,
44 Iowa, 116. Decisions Sec. Int., March 3, 1874; Sept. 16, 1874;
Oct. 20, 1874 (1 Copp's L. O. 149); Jan. 12, 1876 (2 id. 162); Jan. 5,
1877 (1 id. 64); Jan. 23, 1880. Decisions Com. G. L. O., May 8, 1871
(Copp's L. L. 228); May 7, 1874 (1 Copp's L. O. 139); Sept. 29,
1874; Oct. 28, 1874 ; Feb. 20, 1375 (1 Copp's L. 0. 180); April 13,
1876 (3 id. 19); March 23, 1877 (6 id. 137); Dec. 2, 1878 (5 id. 147);
June 23, 1879 (6 id. 51); Sept. 12, 1879. Cir. G. L. O., Oct. 30,
1862 (Zab. L. L. 147, 151); April 18, 1864 (id. 155); Feb. 28, 1868
(id. 164); May 15, 1868 (id. 165); June 15, 1872 (Copp's L. L. 239);
May 18, 1877 (4 Copp's 2. 0. 51); Jan 8, 1878 (4 id. 167);
1878 (5'id. 118); May 24, 1879 (6 id. 60). General Cir., Sept. 1,

1879, pp. 11, 20. Rule 26, G. L. Ò. Rep. 1877, p. 101.
Pre-emption fill- SEC. 214. Any person who has made a settlement on the
homestead entry. public lands under the pre-emption laws, and has subse-

quent to such settlement changed his filing in pursuance
of law to that for a homestead entry upon the same tract of
land, shall be entitled, subject to all the provisions of law
relating to homesteads, to have the time required to per-
fect his title under the homestead laws computed from the
date of his original settlement heretofore made, or hereafter
to be made, under the pre-emption laws.

19 Stat. 404; 20 id. 63. Decisions Sec. Int., June 20, 1871 (1 Copp's
L. O. 108); June 19, 1872; Aug. 3, 1876 (3 Copp's L. O. 122); Sept.
16, 1879 (6 id. 103); Sept. 27, 1879 (6 id. 107). Decisions Com. G. 1
L.O., May 21, 1877 (4 Copp's L. 0.51); Oct. 18, 1878 (5 id. 164).
Cir. Ġ. L. O., Ápril 4, 1877 (4 Copp's L. O. 23); March 21, 1878 (5 id.
27). General Cir., Šent. 1, 1879, p. 15. Rules 24 and 27, G. L. O.

Rep. 1877, p. 101.
Homestead set- SEC. 215. Any settler who has settled, or who shall here.
flores tiene a suppe. after settle, on any of the public lands of the United States,
same as
emptors to flo whether surveyed or unsurveyed, with the intention of
lands. claiming the same under the homestead laws, shall be

allowed the same time to file his homestead application and
perfect his original entry in the United States land office
as is now allowed to settlers under the pre-emption laws to
put their claims on record, and his right shall relate back
to the date of settlement, the same as if he settled under
the pre-emption laws.

21 Stat. 140, 141. Decisions Sec. Int., April 29, 1876 (3 Copp's L.

0. 114); Aug. 3, 1876 (3 id. 122); Sept. 27, 1879 (6 id. 107). Decis-
ions Com. G. L. O., May 7, 1874 (1 Copp's L. O.139); Oct. 18, 1878

(5 id. 164). Cir. G.L.O., May 25, 1880 (7 Copp's L. 0.52).
Certificato and SEC. 216. No certificate, however, shall be given, or pat-
patent, when
given and issued. ent issued therefor, until the expiration of five years from

the date of such entry; and if at the expiration of such
time, or at any time within two years thereafter, the person
making such entry; or if he be dead, his widow; or in case
of her death, his heirs or devisee; or in case of a widow
making such entry, her heirs or devisee, in case of her death,
proves by two credible witnesses that he, she, or they have
resided upon or cultivated the same for the term of five
years immediately succeeding the time of filing the affidavit,
and makes affidavit that no part of such land has been alien-
ated, except as provided in section two hundred and ten,
and that he, she, or they will bear true allegiance to the
Government of the United States; then, in such case, he,
she, or they, if at that time citizens of the United States,
shall be entitled to a patent, as in other cases provided

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The proof of residence, occupation, or cultivation, Proof of regi- . the affidavit of non-alienation, and the oath of allegiance, dence, &c. required to be made by this section, may be made before the judge, or, in his absence, before the clerk, of any court of record of the county and State, or district and Territory, in which the lands are situated; and if said lands are situated in any unorganized county, such proof may be made in a similar manner in any adjacent county in said State or Territory; and the proof, affidavit, and oath, when so made and duly subscribed, shall have the same force and effect as if made before the register or receiver of the proper land district; and the same shall be transmitted by such judge, or the clerk of his court, to the register and the receiver, with the fee and charges allowed by law to him; and the register and receiver shall be entitled to the same fees for examining and approving said testimony as are now allowed by law for taking the same; and if any witness making False swearing: such proof, or the said applicant making such affidavit or penalty fof. oath, swears falsely as to any material matter contained in said proof, affidavits, or oaths, the said false swearing being willful and corrupt, he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register.

14 Stat. 67 ; 18 id. 81 ; 19 id. 403; R. S. 2291. Mining Co. v. Daugh-
bery, 1 Saw. C. C. 450. Oaks v. Heaton, 44 Iowa, 116; Deland v.
Day, 45 id. 37; Dawson v. Merrille, 2 Neb. 119; Cheney v. White,
5 id. 261; Jones v. Yorkman, 5 id. 265; Perry v. Ashley, 5 id. 291 ;
Bellinger v. White, 5 id. 399; Axtell v. Warden, 7 id. 182; McWill-
iams v. Bridges, 7 id. 419; Moore v. McIntosh, 6 Kansas, 39; Com-
missioners v. Shippman, 14 id. 532; Kirkaldie v. Larrabee, 31 Cal.
456; Jarvis v. Hoffman, 43 id. 304. Decisions Sec. Int., June 2, 1871
(Copp's L. L. 234); July 12, 1871 (id. 256); Oct. 21, 1871 (id. 233);
Nov. 3, 1871 (id. 245); Jan. 31, 1872 (id. 238); Feb. 3, 1875; Aug.
5, 1875 (2 Copp’s L. O. 83); Aug. 25, 1875 (2 id. 83) ; Dec. 4, 1875
(2 id. 131); April 6, 1876; Jan. 15, 1877 (3 Copp's L. O. 164); March
7, 1877; April 9, 1877 (4 Copp's L. O. 19); May 14, 1878; Dec. 5,
1878 (5 Copp’s L. O. 146); Nov. 25, 1879 (6 d. 153); Feb.7, 1880 (7
id. 6). Decisions Com. G. L. O., June 24, 1867_(Zab. L. L. 160);
Aug. 6, 1868 (id. 167); March 28, 1070 (2 Copp's L. O.57); Feb. 10,
1874 (1 id. 3); March 26, 1874 (1 id. 4); May 15, 1874 (1 id. 35); June
10, 1874 (Copp's L. L. 239); June 19, 1874 (id. 238); July 25, 1874
(1 Copp's L. 0. 92); Aug. 4, 1874 (Copp’s L. L. 247); Aug. 22, 1874
(1 Copp's L. O. 84); Dec. 15, 1874 (1 id. 149); Dec. 19, 1874 (Copp's
L. L. 271); June 22, 1875 (2 Copp's L. 0. 50); July 31, 1875 (2 id.
83); Aug. 6, 1875 (2 id. 99); April 13, 1876 (3 id. 19); Feb. 25, 1877
(4 id. 108); May 7, 1877; June 29, 1877; July 6, 1877 (4 Copp's L.
0. 168); July 25, 1877 (4 id. 108) ; Aug. 16, 1877 (4 id. 103); Aug.
18, 1877 (4 id. 107); Aug. 25, 1871 (4 id. 163); Oct. 22, 1871 (4 id.
131); Nov. 22, 1877 (4 id. 146); Dec. 4, 1871 (4 id. 146); Sept. 3,
1878 (5 id. 117); Oct. 2, 1878 (5 id. 117); Nov. 14, 1878; Dec. 5, 1878
(5 Copp's L. O. 147); Jan. 20, 1879 (5 id. 179); Jan. 29, 1879 (5 id.
179); Feb. 4, 1879 (5 id. 179); July 6, 1879; Aug. 11, 1879 (6 Copp's
L. 0.93); Jan. 24, 1880 (6 id. 190); Feb. 19, 1880 (6 id. 189); March
24, 1880 (7 id. 24); April 22, 18-0'(7 id. 25). Cir. G. L. O., 'Oct. 30,
1862 (Zab. L. L. 147, 151); Feb. 28, 1368 (id. 164); May 15, 1868
(id. 165); Dec. 20, 1873 (Copp’s L. L. 244); July 9, 1874 (id. 259);
Aug. 17, 1874 (id. 260); Sept. 9, 1874 (id. 244); Jan.5, 1875 (id. 261);
Oct. 24, 1876 (3 Copp’s L. O. 116); April 4, 1877 (4 id. 23); May 8,
1877 (4 id. 52); May 18, 1877 (4 id. 51); June 23, 1877 (4 id. 68);
July 6, 1878 (5'id. 101); July 17, 1878 (5'id. 95); 1878 (5 id.
118); April 15, 1879 (6 id. 45); May 24, 1879' (6 id. 60). General
Cir., Sept. 1, 1879, p. ii, et seq. Rule 24, G. L. O. Rep. 1877, p. 101.

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