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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.
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.
as pre-emptors to file application entitled to homestead, &c.
239. Actual service in the Army and Navy
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
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
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.
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.
Who may enter
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
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,
. 12, 1876 (2 id. 162); April
(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
field v. Register and Receiver, 1 Woolw. C. C. 299. Oaks v. Heaton,
1879, pp. 11, 20. Rule 26, G. L. Ò. Rep. 1877, p. 101.
quent to such settlement changed his filing in pursuance
19 Stat. 404; 20 id. 63. Decisions Sec. Int., June 20, 1871 (1 Copp's
Rep. 1877, p. 101.
allowed the same time to file his homestead application and
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-
(5 id. 164). Cir. G.L.O., May 25, 1880 (7 Copp's L. 0.52).
the date of such entry; and if at the expiration of such
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-