CHAPTER III. HOMESTEADS. I. Homesteads in General. To the people of Europe, where the high price of real estate confers distinction upon its owner, it seems beyond belief that the United States should give away one hundred and sixty acres of land for nothing. Yet such is the fact; a compliance with the Homestead Law, and the payment of small fees and commissions to the local officers, secure title to a quarter section of government land. Laborers in other countries, who find it difficult to support their families, can here acquire wealth, social privileges, and political honors, by a few years of intelligent industry and patient frugality(*). All in the Atlantic States, who are discouraged with the slow, tedious methods of reaching independence, will find rich rewards awaiting settlers on the public lands, who have talent and energy, while the unfortunate in business and they who are burdened with debt, can, in the West and South, start anew in the race of life, for the Homestead Law expressly declares that "no lands acquired under the provisions of this chapter (Homestead) shall in any event become liable to the satisfaction of any debt contracted prior to the issuing of the patent therefor." Citizens and those who have declared their intention to become citizens, irrespective of the amount of land already owned, may claim, under the homestead laws, surveyed or unsurveyed lands, not mineral in character(b). This is conceded to the extent of one hundred and sixty acres of minimum lands, and one hundred and sixty acres of the even sections (i. e., 2, 4, 6, 8, etc.,) of townships within railroad or military road grants(). Only eighty acres of double minimum lands of the odd sections within such grants not belonging to the road, or eighty acres of odd or even sections within grants for other purposes, can be entered under the Homestead Laws. In Missouri and Arkansas, by Act of Congress of July 1, 1879(a), a qualified applicant may enter one hundred and sixty acres of the odd sections within the limits of grants of the even sections to railroads and military roads. a. APPLICATION AND ENTRY. In connection with an application in the following form: LAND OFFICE AT 18. do hereby apply to enter, under section 2289 of the Revised Statutes of the United in township - —, of range, containing - - acres. register of the land office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under section 2289 of the Revised Statutes of the United States, and that there is no prior, valid, adverse right to the same. -, Register. () The present Secretary of the Interior, who decides all questions coming before him from the General Land Office, is a native of Germany. The Commissioner of the General Land Office, next preceding the present one, was a native of England. The late General Shields, another Commissioner of the General Land Office, was a native of Ireland.-[This statement was made in February, 1880.] (b) Mineral lands in Kansas, Missouri, Michigan, Minnesota, and Wisconsin, may be included in Homestead entries. (0) In Alabama and Mississippi, and elsewhere, except Missouri and Arkansas, where the even sections were granted and the odd reserved, only eighty acres of double minimum lands can be homesteaded, except by soldiers and sailors, their widows and orphan children. General Land Office Instructions, September 1, 1879, p. 11. (a) Land Owner, Vol. 6, p. 83. 1 The party must present the following affidavit: of LAND OFFICE AT 18 1, having filed my application, No. for an entry under Section 2289 of the Re vised Statutes of the United States, do solemnly swear that [here state whether the applicant is the head of family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration d intention of becoming such; or, if under twenty-one years of age, that he has served not less than fourteen day in the Army or Navy of the United States during actual war; that said application, No., is made for his o her exclusive benefit; and that said entry is made for the purpose of actual settlement and cultivation, and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever], and that I have not neretofore had the benefit of the homestead laws. Sworn to and subscribed, this day of before Register [or Receiver]. He must thereupon pay the legal fee and that part of the commissions which is payable wher the entry is made, as given in the tables below: For homestead entries on lands in Michigan, Wisconsin, Iowa, Missouri, Minnesota, Kansas, Nebraska, Dakota, Alabama, Mississippi, Louisiana, Arkansas, and Florida, commissions and fees are to be paid according to the following table. In addition to the States and Territories above named, the same rates will apply to Ohio, Indiana, and Illinois, if any vacant tracts can be found liable to entry in these three States, where but very few isolated tracts of public land remain undisposed of. All entries in these last-named States are made at the General Land Office in Washington. In the Pacific and other political divisions, viz.: on lands in California, Nevada, Oregon, Colorado, New Mexico, and Washington, and in Arizona, Idaho, Utah, Wyoming, and Montana, the commissions and fees are to be paid according to the following table: Where the applicant has made actual settlement on the land he desires to enter, but is prevented by reason of bodily infirmity, distance, or other good cause, from personal attendance at the district land office, the affidavit may be made before the clerk of the court for the county within which the land is situated. In this affidavit it must be shown that the party's family or some member thereof is residing upon the land, and that a bona fide settlement and improvement have been made thereon. The cause of the applicant's inability to be present at the land office must be satisfactorily shown. ADJOINING FARM HOMESTEADS. An applicant owning and residing on an original farm, may enter other land lying contiguous thereto, which shall not, with such farm, exceed in the aggregate 160 acres. Thus, for example, a party owning or occupying 80 acres may enter 80 additional, without regard to price, whether held at $1.25 or $2.50 per acre; or, if owning 40 acres, he may enter 120 acres additional of land held at $1.25 per acre, or of land held at $2.50 per acre, where 160 acres is now the maximum quantity of double minimum land subject to homestead entry, but cannot exceed the maximum of 80 acres where the land proposed to be entered is held at $2.50 per acre, and where 80 acres is still the legal maximum in reference to that class of lands (*). In applying for an entry of this class, the party must make affidavit, as follows, describing the tract which he owns and upon which he resides as his original farm: AFFIDAVIT. I, of LAND OFFICE AT 18. having filed my application No. -, for an entry under the provisions of the Act of Congress approved May 20, 1862, entitled, An Act to secure homesteads to actual settlers on the public domain," do solemnly swear that [here state whether the applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such, or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war;] that said entry is made for my own exclusive benefit, and not directly or indirectly for the benefit or use of any other person or persons whomsoever; neither have heretofore perfected or abandoned an entry made under this act; that the land embraced in the said application No. is intended for an adjoining farm homestead, that I now own and reside upon, an original farm contain. acres, and no more; that the same comprises the of section -, township --, range and is contiguous to the tract this day applied for. ing Sworn to and subscribed this day of before of the Land Office On compliance by the party with the foregoing requirements, relating to an original or adjoining farm homestead, the receiver will issue his receipt for the fee and that part of the commissions paid, as follows, a duplicate of which he will deliver to the party : RECEIVER'S RECEIPT, No. APPLICATION NO. HOMESTEAD. the sum of 18-. RECEIVER'S Office, (Date) dollars and cents, being the amount of fee and compensation of register and receiver for the entry of of section -in township of range under section Revised Statutes of the United States. Received from of county, Receiver. ENTRIES UNDER LAW OF MARCH 3, 1879 (*). Any person who has under existing laws taken a homestead on any even section within the limits of any railroad or military road land grant, and who by existing laws shall have been restricted to 80 acres, may enter under the homestead laws an additional 80 acres adjoining the land embraced in his original entry, if such additional land be subject to entry, without payment of fees and commissions. The residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional entry, and shall be deducted from the five years residence required by law; with the proviso, however, that in no case shall patent issue until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced in his additional entry at least one year. Upon any party proposing to enter such additional tract, the Register and Receiver will require him to make homestead application and affidavit according to annexed forms: 1, LAND OFFICE AT 18-, Register of the Land Office, do hereby certify that the above application is for surveyed lands, of the class which the applicant is legally entitled to enter under the act of March 3, 1879, and that there is no rior valid adverse right to the same. ADDITIONAL HOMESTEAD.—ACT OF MARCH 3, 1879. AFFIDAVIT. LAND OFFICE AT Register. 18-. I, of having filed my application, No. for an entry under the Act of March 3, 1879. do solemnly swear that [here state whether the applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such; or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war]; that said application No. is made for my exclusive benefit; and that said entry is made for the purpose of actual settlement and cultivation, and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever, and that I have not heretofore had the benefit of said act. Sworn to and subscribed, this - day of before "" Register [or Receiver]. In this class of entries the party, if still resident on the original entry tract, will not be required to remove therefrom to the additional entry tract in order to make a new residence on the latter, as the two forming one body of land, residence on either will be regarded as satisfying the legal requirement; but in making final proof on the additional entry, the party must show such residence, with occupancy and cultivation of the tract taken as additional for five years from the date of entry thereof, less the time to be deducted on account of residence and cultivation on the original entry, which shall not exceed four years in any case. Should the person so elect he may, instead of making an additional entry, surrender his existing entry to the United States for cancellation, and thereupon be entitled to enter lands ander the homestead laws the same as if the surrendered entry had not been made, with the same provisions, as regards fees and commissions not being required, and requiring settlement and cultivation, occupation and residence, as have been already stated with regard to additional entries. In case of any party electing to surrender his entry under this act, the Register and Receiver will receive his relinquishment in the usual form, which shall specify for what purpose made, and be accompanied by the duplicate receipt issued for the relinquished entry, or by a statement under oath showing a good reason for its absence. Any party claiming the right to make an additional entry or to surrender an old and make a new one, will be required first to make affidavit that he did not serve as a soldier or sailor for ninety days during the late civil war and receive an honorable discharge from the Army or Navy; for if so, he would not be entitled to the right claimed, as the class of persons who so served and were discharged were not restricted to eighty acres under the previously existing laws, as indicated below. This affidavit may be made before any officer using a seal and authorized to administer oaths, or before the Register or Receiver of the district office. INDIAN HOMESTEADS. Indians who have abandoned their tribal relations and adopted the habits and pursuits of civilized life are allowed to make homestead entries. Special forms are provided in such cases. RULINGS. Below will be found abstracts of decisions made by the Interior Department and the General Land Office on applications to enter land under the homestead acts: A single woman who makes an entry under the homestead laws does not forfeit her rights by marriage, provided the requirements as to settlement and cultivation are complied with(). A married woman deserted by her husband made a homestead entry and provided means for improving and cultivating the land embraced therein. Notwithstanding her husband's return, she will, upon making satisfactory final proof, receive the patent in her own name(Þ). The marriage of a woman to a Mormon, who has a wife living from whom he is not di(a) W. H. Werdelange, Land Owner, Vol. 1, p. 3. (b) Ella Nelson, Land Owner, Vol. 1, p. 4. vorced, does not make her the legal wife of such person, so as to disqualify her from entering public lands. But where such polygamous wife allows her pretended husband to control her acts, and maintains her marital relations with him, she cannot be allowed to make an entry of public lands, where the laws governing the same require that the entry must be made for the exclusive use and benefit of the applicant("). An abandoned wife is regarded as the head of a family, and her rights will receive due consideration. When she and her children are still residing upon the homestead entered by her absent husband, the entry cannot be cancelled for abandonment(1). A woman may commute her deceased husband's entry and receive a patent in her own name, and afterwards may make another homestead entry in her own right ("). The entry of a minor, rot the head of a family, is void, and does not exclude him from making a legal entry on attaining his majority(a). Orphan children of other than deceased Union soldiers and sailors, whose widows are dead or married, cannot make homestead entries through guardians(*). A homestead entry cannot be made for an "incompetent" person by his guardian(). It is no part of the duties of the registers and receivers of the United States Land Offices to make out applications for homestead or pre-emption settlers(8). In cases of simultaneous applications to enter under the homestead laws, the rule is as follows: 1. Where neither party has improvements on the land, it should be sold to the highest hidder. 2. Where one has actual settlement and improvements, and the other none, it should be awarded to the actual settler. 3. Where both allege settlement and improvements, an investigation must be had, and the land be awarded to him who shows the prior actual settlement and substantial improvements, so as to be notice on the ground to any competitor(1). In case of death of homestead settler, leaving no widow or children, the legal heirs may commute or continue residence; the final papers will then be made out in the name of "the heirs." The heirs would not be debarred thereby from making each a homestead entry in his own name(1). A party who neglects to examine the character of land entered by him under the homestead laws must suffer the consequences. He cannot be allowed to make another entry(3). Where a homestead claimant's land has become totally valueless for farming purposes by reason of the overflow or back water of a river, he will be allowed to make another homestead entry, with credit for fees and commissions. In the event of a new homestead entry, he will be required to show compliance with the law as though he had made no previous entry(). An application handed to the Receiver after office hours on the street, without the fee, is not a legal application('). Land appropriated for any public use is not subject to entry under the Homstead Laws. The appropriation of land by the Government is setting it apart for some particular use, as Congress set apart the land embraced in the Hot Springs réservation(m). A homestead entry becomes effective only when made at the local office, and not when the affidavit is taken before a county clerk. The only benefit derived from settlement is the privi lege in certain homestead cases of making the required affidavit before the county clerk("). (a) Lyons vs. Stevens, Land Owner, Vol. 6, p. 107. (b) Thompson vs. Anderson, Land Owner, Vol. 6, p. 125. () Adolphine Hedensky, Land Owner, Vol. 2, p. 83. (4) Thomas Thompson, Land Owner, Vol. 1, p. 99. M. S. Woodford, Land Owner, Vol. 6, p. 125. Root vs. Smith, Land Owner, Vol. 6, p. 45. (e) J. A. Balch, Land Owner, Vol. 1, p. 149. (8) T. C. Shapleigh, Land Owner, Vol. 5, p. 147. (1) W. R. Ledford, Land Owner, Vol. 5, p. 165. () Hot Springs Reservation, Land Owner. Vol. 2, p. 100. () G. Zentenhorst, Land Owner, Vol. 1, p 139. |