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2. Desert Lands are such as will not produce crops without irrigation or an artificial supply of water. These lands, in the States of California, Oregon, and Nevada, and in the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, can be purchased under the Act of March 3, 1877. See Chapter VI.

3. Timber Lands are those not fit for cultivation, but valued for the timber growing upon them. The timber lands in California, Oregon, Nevada, and Washington Territory, are for sale under the law of June 3, 1878. See Chapter VI.

4. Stone Lands are those areas valued for the stone they contain, and are for sale under the same act of Congress as the Pacific Coast timber lands.

5. Coal Lands are the lands valued for the deposits of coal therein. They may be bought under the Coal Act of March 3, 1873. See Chapter VI.

6. Mineral Land: are those tracts which are more valuable for the metals or other minerals they embrace than for agricultural purposes. These lands may be secured under the mining laws, except coal and stone lands, which are sold under separate acts of Congress. See Chapter VI:

7. Saline Lands are lands whereon salt springs are found. The act of January 12, 1877, under which salines can be bought, is very restricted in its operations. It does not apply to any lands in the Territories, nor within the States of Mississippi, Louisiana, Florida, California, and Nevada. See Chapter VI.

These are the several classes of public lands recognized by and for sale under the laws of Congress. They cannot be sold under any state law, and state courts have no authority on the question of title to them until after a patent has issued. They cannot be taxed, though the settler's improvements thereon, having the character of personalty, may be. The settler should not delay securing his patent because he wishes to save taxes. There is too much risk of losing all his improvements by some other party seeking title to the same tract of land.

II. Several Terms Explained.

The following expressions are often used:

a. PUBLIC SALE.

A public sale of lands is an auction sale. When large bodies of land are to be sold, a proclamation is issued in the President's name, describing the tracts and stating the time and

place of sale. When only a few isolated tracts of land, not embraced in the regular proclamations, are to be disposed of, a notice to that effect is published in a newspaper in the vicinity.

The land is sold to the highest bidder for cash only, which must be paid on the same day. There are few public sales at the present time, as the policy of the Government is to encourage pre-emption and homestead settlement and timber culture. A man who buys land at public sale is not compelled to settle on or cultivate it.

b. PRIVATE SALE, PRIVATE ENTRY, AND LOCATION.

These three terms mean nearly the same. Where lands are offered at Public Sale and nobody bids for them, they may be bought at any time thereafter at the local land office, if not withdrawn in the meantime from market or reserved for some purpose. This is called a private sale or entry, or when the tract is paid for by a Warrant or Land Scrip it is called a location. In case a tract is withdrawn from market in consequence of an entry afterwards cancelled for any reason, or through erroneous marks on the books of the district office, it is not again sub ject to private entry until restored by public notice of at least thirty days.

C. OFFERED AND UNOFFERED LANDS.

Offered lands, as may be supposed from the previous statements, are those that have been advertised or proclaimed for sale, but which were not then sold. If not withdrawn or re served, they remain open to private entry or location.

Unoffered lands are such as were never offered.

d. MINIMUM AND DOUBLE MINIMUM LANDS.

These terms refer to the price of lands. Minimum (lowest) priced lands, when sold at private entry for cash, bring one dollar and twenty-five cents and acre; and this is the lowest price they are allowed to be sold for at public sale.

Lands within railroad limits are supposed to be more valuable on that account, and are rated at two dollars and fifty cents an acre. They are consequently called double-minimum lands. [See act of June 15, 1880 for reduction in price of certain lands.]

Under some circumstances, as in case of a withdrawal for railroad purposes, the reserved sections being enhanced in price, require under the law that they should be re-offered at the enhanced or double-minimum price before being subject again to private entry.

III. What Will Pay for Lands.

Lands bought at private entry may be paid for with, I, Cash: 2, Military Bounty Land Warrants: 3, Agricultural College Scrip: 4, Supreme Court Scrip: 5, Indemnity Land Scrip: 6, Revolutionary Bounty Land Scrip: 7, Certificates of Deposits...

1.

Valentine Scrip, Porterfield Scrip, Several Private Act Scrips, Sioux and Chippewa Indian Scrips, and Soldiers' Additional Homestead Certificates, will pay for such lands, but as they can also be located on unoffered tracts, and some of them even on. unsurveyed lands, they sell for several dollars an acre. As the only object in using warrants or scrip for private entry or location is that they can be bought of private dealers for less than one dollar and twenty five cents per acre, the minimum price, the high-priced scrips are never used for private entry or location.

a. CASH PURCHASES.

The applicant will first present a written application to the Register for the district in which the land desired is situated, describing the tract he wishes to purchase, giving its area in the following form:

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I,

(Applicant's name)

per acre.

-, Register of the land office at, do hereby certify that the lot above described contains acres, as mentioned above, and that the price agreed upon is — -, Register. Thereupon the Register, if the tract is vacant, will so certify to the Receiver, stating the price, and the applicant must then pay the amount of the purchase money.

The Receiver will then issue his receipt for the money paid, giving to the purchaser a dupli cate or copy of the receipt as follows:

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At the close of the month the Register and Receiver will make returns of the sale to the General Land Office at Washington, from which, when the proceedings are found regular, a patent or complete title will be issued.

When patents are ready for delivery, they will in all cases be transmitted to the local office where the location or entry was made, where they can be obtained by the party entitled thereto, upon surrender of the duplicate receipt, or certificate, as the case may be; unless the duplicate shall have been previously filed in the General Land office, with a request that the patent be delivered to a certain party, or sent to a specified place. In no case will the patent be delivered either from Washington or the local office except upon receipt of such duplicate, or, in case of its loss from any, cause, upon the filing of an affidavit made by the present bona fide owner of the land, accounting for the loss, and also showing ownership of the tracts or a portion thereof embraced in the patent.

Formerly, when the duplicate was duly assigned by the locator, by a valid transfer in accordance with the laws governing transfer of real estate in the State where the land is situated, such assignment was recognized and patent issued accordingly, provided the duplicate with the Assignment thereon was filed in the General Land Office prior to the issuing of patent; but in 10 case will a patent be issued hereafter to an assignee, unless the law governing the entry in question contains an express provision for the issuance of patents to assignees. Transfers of this kind must in all cases comply strictly with the law of the place, and if the assignor be a married man, and the statute requires the wife to join in the deed, it must be complied with, and in case of failure in this or other vital point, the patent will issue only in the name of the original purchaser.

b. LOCATIONS WITH WARRANTS.

Military Bounty-Land Warrants are issued by the Commissioner of Pensions for services in the several wars before 1855. No warrants are issued for services during the late civil war. These warrants call for 40, 60, 80, 120 or 160 acres of land, and being assignable can be located by a purchaser. Warrants and the several kinds of scrip should be bought only of responsible dealers, with a written guarantee that, in case of error in the assignment or other defect, or occasional forgery, the settler will not lose anything thereby. The market price of warrants is from $1.00 to $1.20 per acre.

Application must be made as in cash cases, but must be accompanied by a warrant duly assigned as the consideration for the land; yet where the tract is $2.50 per acre, the party, in addition to the surrendered warrant, must pay in cash $1.25 per acre, as the warrant is in satisfaction of only so many acres at $1.25 per acre, or furnish a warrant of such denomination as will, at the legal value of $1.25 per acre, cover, the rated price of the land. For example: a tract of 40 acres of land, held at $2.50 per acre, can be paid for with a warrant calling for 40 acres and the payment of $50 in cash, or by surrendering an eighty-acre warrant for the same -the 40 acres to be in full satisfaction for the said location. Or a tract of 80 acres, rated at $2.50 per acre, can be paid for by the surrender of two eighty-acre warrants. If there is a small excess excess in the area of the tract over the quantity called for on the face of the war rant in any case, such excess may be paid for in money.

A duplicate certificate of location will then be furnished the party, to be held until the patent is delivered, as in cases of cash sales.

The following fees are chargeable by the land officers, and must be paid at the time of

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For a 40-acre warrant, 50 cents each, to the Register and Receiver-total, $1.00.

For a 60-acre warrant, 75 cents
For an 80-acre warrant, $1.00
For a 120-acre warrant, $1.50

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For a 160-acre warrant, $2.00

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1.50.

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c. AGRICULTURAL COLLEGE SCRIP.

This scrip was issued under the Act of Congress of July 2; 1862, for the establishment of Agricultural Colleges. There is very little of it now in market, and it is valued about the same as warrants. The manner of proceeding to acquire title with this class of paper is the same as in Cash and Warrant cases, the fees to be paid the land officers being the same as on warrants. Only three sections in each township and one million acres in any one state can be located at private entry with this scrip. It is restricted in this class of entries to a technical "quarter-section," that is, land embraced by the quarter-section lines indicated on the official plats of survey; or it may be located on a part of a "quarter-section" where such part is taken as in full for a quarter; but it cannot be applied to different sub-divisions to make an area equivalent to a quarter-section.

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d. SUPREME COURT SCRIP.

This scrip is issued by the General Land Office, under decrees of the United States Supreme Court, pursuant to Acts of Congress, to satisfy land claimants in Florida, Louisiana and Missouri, whose land has been sold, or otherwise disposed of, by the government. At

private entry, this scrip is locatable only upon minimum ($1.25) lands. The law authorizes no fees to be collected thereon by the local officers. The market price is $1.15 to $1.20 per

acre.

The party who desires to locate must surrender the scrip, and make application according to the following form:

ACTS OF JUNE 22, 1860, MARCH 2, 1867, AND JUNE 10, 1872.

REGISTER AND Receiver's

No

SCRIP NO. Scrip issued by virtue of a decree rendered on the States, for the claim of

I,

at

or

day of -, by the Supreme Court of the United legal representatives. , hereby apply to locate with the above-described certificate -quarter of Section No. in Township No., of Range No. —, containing acres, in the district of lands subject to sale

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A certificate of entry is then issued, as follows, a duplicate or copy being given to the party, to be held by him as his evidence of title until the patent shall be issued:

the

ACTS OF JUNE 22, 1860, MARCH 2, 1867, AND JUNE 10, 1872.

CERTIFICATE OF ENTRY.

for

REGISTER'S Office,
AT

188-** I certify that certificate of location, No. acres, issued by virtue of a decree rendered on the day of, by the Supreme Court of the United States, has this day been located by on quarter Section No. in Township No. -, of Range No. -, containing

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e. INDEMNITY LAND SCRIP

- acres.

Register.

These certificates of location, issued under the act of June 2, 1858, are used precisely in the same manner as the Supreme Court scrip. The application and certificate are the same with a few verbal changes.

f. REVOLUTIONARY BOUNTY LAND SCRIP.

It

This scrip is issued by the General Land Office in satisfaction of Virginia land-warrants. is" receivable in payment of any lands owned by the United States subject to sale at private entry," and can be applied at the rate of $1.25 per acre, in the same manner as money, in all cases where the tract applied for contains the area specified in the scrip, or more; where it contains less, the excess of the scrip cannot be refunded in money, but may be donated in the relinquishment as applicable to any other tract. There is very little of this scrip in the market.

g. CERTIFICATES OF DEPOSIT.

As set forth on page 22, settlers may have their lands surveyed in advance of the regular surveys by depositing the amount necessary therefor. The certificate (triplicate) may be assigned by the settler if not used in payment of his own land, and the assignment need not be sworn to, but simply indorsed on the certificate. These triplicate certificates are receivable from any person in payment for lands taken under the preemption and homestead laws, but not for lands taken under any other laws. Where the amount of a certificate or certificates is less than the value of the lands taken, the balance must be paid in cash. Assignments may be made to more than one person. Settlers should make deposits in sums not to exceed two hundred dollars. These certificates can now be used only in the land district where issued.

h. OTHER KINDS OF SCRIP.

The other kinds of scrip heretofore named are used by speculators almost exclusively to locate valuable tracts of land that, as a rule, have been overlooked or not entered previously though some error or misunderstanding. Settlers therefore have no special interest in them; though they should bear in mind that unless they strictly comply with the law in the matter of filing their preliminary declarations, they are liable to have their improvements taken from them by speculators by the use of these several kinds of scrip.

that they may be referred to and considered in transmitting the case to the Secretary, if deemed expedient by the Commissioner. Examination of cases on appeal to the Secretary will be facilitated by filing in printed form such argument as it is desired to have considered.

Decisions of the Commissioner not appealed from, within the period prescribed, become final, and the case will be regularly closed. (Revised Statutes, sec. 2273.)

The decision of the Secretary is necessarily final, so far as respects the action of the Executive

VI. How Much Land One Person Can Take.

To obtain the largest amount of land from the Government at the least cost, a party should first enter 160 acres under the preemption laws (Chapter IV), which will cost $1.25 or $2.50 an acre; then enter 160 acres more under the homestead laws (Chapter III), and also make entry of 160 acres under the timber culture laws (Chapter V), where the land is naturally devoid of timber-480 acres will thereby be secured at an average cost of about 50 cents an

acre.

The usual way is to make an entry under the homestead laws, and at once another entry under the timber culture laws, because it is cheaper to do so, and there is no delay to prove up under the preemption laws—320 acres will thereby be obtained at a cost of $36 for fees and commissions which is equal to about II cents an acre.

An entry can thereafter be made under the desert land laws of 640 acres, and one entry is allowed under each of the several laws mentioned in Chapter VI. Under the mining laws as many entries are allowed as a party owns legal claims.

After an entry has been made under the preemption, homestead, and timber culture laws, the same person may buy as much land at public sale and private entry-also of the State government, corporations, and individuals—as his means and inclination permit.

VII. Definitions.-What Can be Done by an Agent.

A Declaratory Statement is a written notice that the party making it claims certain land. He files it in the local land office, and it reserves the land for a certain length of time, according to the law under which he claims. No title or vested right is secured thereby, as it is simply a notice or warning to the world of his claim. See Forms on pages 44, 56, 57, 89.

An Application is a written offer to purchase, describing the land and signed by the applicant. See pages 9, 11, 25, 27, 44, 49, 70, 88. An Entry, on the other hand, is that act whereby a tract of public land becomes private property, when a qualified party pays the government officers the required fee, commission, cash or equivalent, and the certificate and receipt as evidence of the proceeding are issued in accordance with law.

No person can make homestead, pre-emption, or timber culture entry by an agent; that is to say, an agent cannot sign the applicant's name nor swear to the necessary papers. A claimant cannot make such entry while residing outside the limits of the land district wherein the desired land is situated. Entry papers after being properly prepared may be presented at the local office by an agent, and the fees and commissions may be paid by the agent.

A Declaratory Statement may be filed under the Soldiers' and Sailors' Homestead Law, but not under the other homestead laws. Agency is recognized in making and filing such Declaratory Statement. See page 44.

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A pre-emption Declaratory Statement cannot be signed by an agent. See pages 56, 57. The only other law under which a declaratory statement is allowed is the Coal Land law. See page 89. Under the Desert Land Law, is a declaration of proposed reclamation. See page 92. An agent cannot make either of these (except in case of a corporation).

From the above it will be seen that an agent or attorney can do but little more than assist a settler. A party must go to the land he desires, and settle upon and cultivate it personally under the pre-emption and homestead laws. Under the timber culture law the claimant after making the entry may leave the entered land in charge of an agent to cultivate and set out the trees. But the claimant is held responsible for the proper care of the trees, and his entry will be liable to contest if the law is not complied with.

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