A party appointed by the applicant as his attorney to select land under the soldiers' homeead law, may substitute and appoint another person to act for him and make such selecon(*). Parties who file their declarations for lands appropriated by actual entries may file a second me. Parties filing for lands not entered, but embraced in the valid adverse claim of another, o so at their own risk, and are held to have exhausted their right to file, although, upon roof of their good faith and ignorance of the existence of the adverse claim, they may make Etual entry(). Where two parties apply simultaneously to file under Section 2309, R. S., both applications hould be received. Should either thereafter apply to enter, notice should be given the other arty to show why such entry should not be allowed. Instructions will be issued by the eneral Land Office, if an appearance is made at the time allowed (©). In computing the time of service during the rebellion, the General Land Office is governed y the dates of the President's proclamations of April 15, 1861, calling out the militia, and August 20, 1866, declaring the war at an end("(. A soldier is not obliged to credit his term of service. After a soldier has resided on is homestead long enough to make with his military service five years, further residence is nnecessary to secure patent(*). In soldiers' homesteads, where a discrepancy occurs between the proof of service and the ecords of the War Department, the applicant is allowed sixty days in which to furnish satisactory proof of service, in which case he should be clearly informed as to what he is required o furnish(). The homestead act makes no distinction between regular and volunteer officers and soldiers who served during the war of the rebellion, who have been honorably discharged (8). Regular army officers who served during the rebellion, etc., may initiate a homestead entry while in the army, but on making final proof must show at least one year's residence on the and entered, if they served four years during the late war(1). Soldiers now in the Regular Army may perform the preliminary acts relating to the homestead entries therein mentioned (i). A soldier discharged for disability prior to expiration of term of first enlistment, is entitled to only so much time for second enlistment as he may have served after expiration of term of first enlistment(). The time a homestead claimant was in the United States military service in the late rebellion should be taken as a part of the five years in which a contest under the 5th section of the homestead act could be commenced, and if such period, when added to the time of actual residence and cultivation, was more than five years before the contest commenced, the contest should be dismissed (*). Where a soldier has lost his discharge papers he must file with the proper district land officers his affidavit detailing his service, the same to be corroborated by the testimony of two witnesses cognizant of the facts; which evidence will be accepted as satisfactory proof of service. If he is unable to obtain the corroborative testimony, he may file his own affidavit as to service, with his application to make a homestead entry; and upon receipt at the General Land Office of the affidavit and application, official information regarding alleged service will be obtained from the War Department, compared with the party's affidavit, and if found satisfactory the entry will be allowed (1). (2) Philip Betz, Land Owner, Vol. 6, p. 93. (b) A. W. Duggan, Land Owner, Vol. 2, p. 35. (a) Instructions, Land Owner, Vol. 1, p. 3. A. F. Hubbell, Ibid, p. 246. (8) Instructions, Land Owner, Vol. 2, p. 50. (1) Instructions, Land Owner, Vol. 2, p. 133. (1) P. W. Hitchcock, Land Owner, Vol. 3, p 69 Where a single woman has made a homestead entry, she cannot thereafter as the widow a soldier make a second homestead entry(a). A married woman can become entitled to credit on a homestead entry for her husband's itary services during the late war(Þ). The husband's military service during the rebellion cannot apply on a homestead en initiated by the wife previous to marriage. After the commutation or consummation of wife's entry, the husband may make an entry in his own name(*). A party may make a homestead entry in his own name and receive patent for the land, as "one of the heirs," may perfect another entry made by his mother (soldier's widow), he may apply his father's term of military service upon the settlement required, if his moth had not remarried at the date of entry. Patent will issue "for the benefit of the heirs”("). No person except the widow or minor orphan children of a deceased soldier is entitled the benefit of section 2305 Revised Statutes(*). The rule laid down in Dorame vs. Towers applies in cases where homestead entries a made by guardians for minor heirs of deceased Union soldiers. Residence on the tra entered cannot be reasonably expected in such cases, and if the land has been cultivated good faith, the law has been substantially complied with(). There is no law granting bounty lands to parties who served in the Army or Navy dur the late war. Paymasters' stewards are not entitled to the benefits of the Soldiers' Homestea Acts(). A contract surgeon is not entitled to the benefit of the Soldiers' Homestead Laws(). In making final proof on a homestead entry under the Soldiers' and Sailors' Homeste Act, the party will be required to present to the proper district land officers a certified com of his discharge from the United States Army during the war of the rebellion, or in t absence thereof, "satisfactory evidence" of service, which may consist of the party's affida of the facts, corroborated by the testimony of two disinterested witnesses, will be accepte If this "satisfactory evidence" cannot be obtained, or if obtained, fails to show that the pat had received an honorable discharge, the General Land Office will, upon application and a receipt of the requisite data of the party's services, consisting of his name, number of regiment alphabetical designation of the company in which he served, branch of service, and St where enlisted, obtain from the War Department an "official statement" of his service(1). b. ADDITIONAL ENTRIES. Every person entitled under section 2304, of the Revised Statutes, who had prior to Jun 22, 1874, made a homestead entry of less than one hundred and sixty acres, may enter much land as when added to the quantity previously entered shall not exceed one hundre and sixty acres. Where a party entitled desires to make an additional entry, it is required that a full recit of military service be presented to the General Land Office, with due proof of the identity the party making the claim, and with proper reference to his original homestead entry, giving the name of the district office, date and number of entry, and description of the land. I addition, a detailed statement, under oath, must be filed by the party in interest, setting fort the facts respecting his right to make the entry, and containing his declaration that he has not in any manner exercised his right, either by previous entry or application, or by sale, transfer or power of attorney, but that the same remains in him unimpaired. He must also declare under oath, that he has made full compliance with the Homestead Law in the matter of residence upon, cultivation and improvement of, his original homestead entry; and should further recite whether or not he has proved up his claim and received a patent for the land. (a) H. M. Chace, Land Owner, Vol. 3, p. 69. (b) Land Owner, Vol. 8. Charles Lee, Land Owner, Vol. 5. p. 147. The following form is prescribed by the General Land Office: DITIONAL HOMESTEAD.-SPECIAL AFFIDAVIT AS TO MILITARY SERVICE, IDENTITY, ETC. LAND OFFICE AT of 18-. do solemnly swear that I am the identical person who was mustered into the itary service of the United States under the name of in Company - Regiment, cf lunteers, on the day of, 186-, and was honorably discharged from such service on the y of —186-. furthermore solemnly swear that I am the identical person who made original homestead entry No. ——, at that I now make application for an additional homestead entry, having fully met all the requirements the Homestead Law as to said original entry; that I have not sold my additional homestead claim, and that ave not made any prior application for an additional homestead certificate. My post office address is wo witnesses to signature.] Sworn to and subscribed, this day of. 18-, before Claimant. who made The undersigned do solemnly swear that we have been well acquainted with said e above affidavit, for about è true. years, and that we have reason to know that his statements in said affidavit Sworn to and subscribed this day of 18-, Two corroborating witnesses. This affidavit, corroborated by two witnesses who are acquainted with the claimant and now that his statements therein are true, and the usual homestead affidavit, must be acknowldged before a local land officer, or the judge or clerk of the court of the county wherein the laimant resides. It cannot be taken before any other official. When these papers are filed and examined, they will, if found satisfactory, be returned with a certificate attached, recognizing the right of the party to make additional entry under he law; and when presented with a proper application at any district land office, either by he party entitled or his agent or attorney, they will be accepted by the Register and Receiver, and forwarded with the entry papers in the usual manner. The fee for examination and certificate, under the seal of the General Land Office, is now othing. Where the party is qualified to make entry, the Register and Receiver will require him to nake application in the form prescribed below, and to pay the same fee and commissions as in ases of original entry; whereupon the Receiver will issue his receipt for the money paid. Thereafter the party will be required to pay the final commission, when a final receipt will be ssued for the money. On these papers the Register and Receiver will make a reference to the original and the additional entry, and on them a patent will issue. APPLICATION. No. LAND OFFICE AT -, being entitled to the benefits of section 2306 of the Revised Statutes of the United States, granting additional lands to soldiers and sailors who served in the war of the rebellion, do hereby apply to enter the of section, of township acres, as additional to my original homestead on the of section above application before me for the tract of land therein described, and that he has paid the fees and commissions prescribed by law. RULINGS. -, Register. Where a soldier's additional homestead claim was filed, with all the papers then required, by an agent, who also filed a power from the homesteader, authorizing the agent to prosecute the claim and receive the certified papers, they should be delivered to the agent, if he has done all within his power to discharge his duties, although later papers were filed by another agent with a power of attorney revoking the elder power. Rule applied to this case, where the certified papers contained affidavits filed by the junior agent under regulations issued after the elder papers were filed(*). (*) C. A. Allison, Land Owner, Vol. 8, p. 138. A homestead declaratory statement can only be filed in case of an original homestead entr and not for an additional tract(a). | A soldier is entitled to make an entry of one hundred and sixty acres, of either minim r double minimum land, but having once made an entry, subsequent to June 22, 1874, rights under the Homestead Laws are exhausted, notwithstanding he may have entered than one hundred and sixty acres(). A soldier who elects to make an additional homestead entry of a less number of acres the he is entitled to, cannot make another entry for the balance("). A qualified soldier or sailor who homesteaded eighty acres and entered forty acres ad tional under the act of June 8, 1872, will be allowed to enter enough more to make up o hundred and sixty acres, if the first two entries were made prior to June 22, 1874(4). The abandonment of an original homestead entry of less than one hundred and sixty ac will not disqualify a soldier or sailor from making an additional entry, but settlement a cultivation must be made upon the additional tract the same as in case of an original entry Applicants for additional land will be charged the original and final commissions in cases(). A qualified soldier under section 2306 of the Revised Statutes may enter enough more lan than his original entry to make up one hundred and sixty acres, and pay cash for a smi excess. But where he applies to enter a tract or tracts, the area of which, added to that of his origi nal entry, shall exceed the one hundred and sixty acres by a greater excess than the area i would require to make up the deficiency, such application should be rejected (8). A soldier's additional homestead certificate cannot be located on a tract where the excess it area is more than the number of acres called for in the certificate(). A contest for abandonment of an additional entry will not be entertained('): III. Special Relief. In the first section of the act of Congress of July 1, 1879, entitled "An Act for the reli of settlers on the public lands in districts subject to grasshopper incursions,” it is provided— "That it shall be lawful for homestead and pre-emption settlers on the public lands, and all cases where pre-emptions are authorized by law, where crops have been or may be de stroyed or seriously injured by grasshoppers, to leave and be absent from said lands, unde such rules and regulations, as to proof of the same, as the Commissioner of the General Lan Office shall prescribe; but in no case shall such absence extend beyond one year contin ously; and during such absence no adverse rights shall attach to said lands, such settler being allowed to resume and perfect their settlement as though no such absence had o curred." And in its second section it is provided "That the time for making final proof and payment by pre-emptors whose crops shall hav been destroyed or injured as aforesaid, may, in the discretion of the Commissioner of the General Land Office, be extended for one year after the expiration of the term of absence provided for in the first section of this act; and all the rights and privileges extended by this act to homestead and pre-emption settlers shall apply to and include the settlers under an ad entitled 'An act to encourage the growth of timber on western prairies,' approved March third, eighteen hundred and seventy-three, and the acts amendatory thereof." The proof required in the first section of said act may consist of the affidavit of the claim (c) Joseph Alsip, Land Owner, Vol. 4, p. 179. (*) J. N. Langford, Copp's Public Land Laws, p. 281. (8) Miles Schoolcraft, Land Owner, Vol. 2, p. 99. (f) J. Atkinson, Land Owner, Vol. 1, p. 35. (1) White vs. Lafferry, Copp's Public Land Laws, p. 280. (b) W. C. Gleason, Land Owuer, Vol,6, p. 106 nt, giving the particulars of the alleged destruction or serious injury of crops by grassoppers, and the affidavits of two or more witnesses corroborative thereof, and should be ubmitted at time of making final proof through the Register and Receiver of the proper listrict land office. The particulars given should be such as to admit of a decision whether he absence was justified by law or not, and should of course indicate at what time the party eft the land, and when he resumed his settlement. Written notice of intended absence, signed by the party, should be filed with the Register and Receiver when he leaves his claim, and be noted on the tract-books; this for the proection of the claimant, and as notice to those who might otherwise make settlement and attempt to obtain title. Claimants desiring the extension of time provided for in the second section of the act nay apply therefor through the same officers, the application to be supported by the same character of proof. The affidavits required in cases under this act, as before indicated, may e made before any officer using a seal and authorized to adminster oaths, or before the Regster or Receiver of the district land office. Acts of May 14, 1880, and June 15, 1880. AN ACT for the relief of settlers on public lands. Be it enacted, etc., That when a pre-emption, homestead, or timber-culture claimant shall file a written relinquishment of his claim in the local land office, the land covered by such claim shall be held as open to settlement and entry without further action on the part of the Commissioner of the General Land Office. " f SEC. 2. In all cases where any person has contested, paid the land office fees, and procured the cancellation of any pre-emption, homestead, or timber-culture entry, he shall be notified by the Register of the land office of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands: Provided, That said Register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported. SEC. 3. That any settler who has settled, or who shall hereafter settle, on any of the public lands of the United States, whether surveyed or unsurveyed, with the intention of 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 had settled under the pre-emption law. Approved May 14, 1880. AN ACT for the relief of settlers on public lands. [Section I relates wholly to relief of parties trespassing on timber lands prior to March 1, 1879.] SEC. 2. That persons who have heretofore under any of the homestead laws entered lands properly subject to such entry, or persons to whom the right of those having so entered for homesteads may have been attempted to be transferred by bona fide instrument in writing, may entitle themselves to said lands by paying the Government price therefor, and in no case less than one dollar and twenty-five cents per acre, and the amount heretofore paid the Government upon said lands shall be taken as a part payment of said price: Provided, This shall in no wise interfere with the rights or claims of others who may have subsequently entered such lands under the homestead laws. SEC. 3. That the price of lands now subject to entry which were raised to two dollars and fifty cents per acre, and put in market prior to January, eighteen hundred and sixty-one, by reason of the grant of alternate sections for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre. SEC. 4. This act shall not apply to any of the mineral lands of the United States; and no person who shall be prosecuted for or proceeded against on account of any trespass committed |