dollar and fifty cents each will be charged by Registers and Receivers in California, etc., as shown in a previous table of fees and commissions. On the party producing the proper proof as above, immediate entry of the tract desired may be made; but if the party so elect, he may file a declaration, to the effect that he claims a specified tract of land as his homestead, and that he takes it for actual settlement and cultivation. Thereafter, at any time within six months from the date of filing, the party may come forward, make his entry of the land, and commence his settlement and improvement. Should the party present his declaration through an agent, a duly executed power of attorney from the principal must be presented, who will be bound by the selection his agent may make, the same as though made by himself. Where the party has failed to make entry within six months from the date of filing, he is not thereby debarred from making entry of the tract filed for, unless some adverse right has intervened; and if so, he may enter some other tract that is still vacant. He cannot file a second declaration. The claims of widows and minor orphan children may be initiated by declaration, as above. Minor orphan children can act only by their duly appointed guardians, who must file certified copies of the powers of guardianship. The law does not require, as a condition to enjoying its benefits, that the party should first file a declaratory statement, and, as before stated, immediate entry may be made. LAND OFFICE AT 18-. I, do hereby declare and give notice that I claim for a homestead, under section 2304 of the Revised Statutes of the United States, granting homesteads to honorably discharged soldiers and sailors, their widows and orphans, the of section of township, of range, containing -acres; and I further declare that I take the said tract of land for actual settlement and cultivation, and for my own use and benefit. I, LAND OFFICE AT hereby apply to enter, under section 2304 of the Revised Statutes of the United States, the of section, of township, of range, containing - -acres, and for which I filed my declaration day of -, my duly-appointed agent. on the - -, through of LAND OFFICE at 181, do solemnly swear that I am a of the age of twenty-one years, and a citizen of the United States; that I served for ninety days in company, regiment, United States volunteers; that I was mustered into the United States military service the day of -, and was honorably discharged therefrom on the day of that I have since borne true allegiance to the Government; and that I have made my application No. to enter a tract of land under section 2304 of the Revised Statutes of the United States, giving homesteads to honorably discharged soldiers and sailors, their widows and orphan children; that I have made said application in good faith; and that I take said homestead for the purpose of actual settlement and cultivation, and for my own exclusive use and benefit, and for the use and benefit of no other person or persons whomsoever: and that I have not heretofore acquired a title to a tract of land under the homestead laws, or voluntarily relinquished or abandoned an entry heretofore made under said laws: So help me God. The filing of a soldier's declaratory statement is not necessarily an abandonment of a preemption claim("). Soldiers' homestead declarations must be rejected when received by mail(). (*) Eugene Mitchell, Land Owner, Vol. 3, p. 164. (b) Instructions, Land Owner, Vol. 1, p. 20 A party appointed by the applicant as his attorney to select land under the soldiers' homestead law, may substitute and appoint another person to act for him and make such selection(). Parties who file their declarations for lands appropriated by actual entries may file a second time. Parties filing for lands not entered, but embraced in the valid adverse claim of another, do so at their own risk, and are held to have exhausted their right to file, although, upon proof of their good faith and ignorance of the existence of the adverse claim, they may make actual entry(). Where two parties apply simultaneously to file under Section 2309, R. S., both applications should be received. Should either thereafter apply to enter, notice should be given the other party to show why such entry should not be allowed. Instructions will be issued by the General 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 by 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 his homestead long enough to make with his military service five years, further residence is unnecessary to secure patent(*). In soldiers' homesteads, where a discrepancy occurs between the proof of service and the records of the War Department, the applicant is allowed sixty days in which to furnish satisfactory proof of service, in which case he should be clearly informed as to what he is required to 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(1). 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). (*) Philip Betz, Land Owner, Vol. 6, p. 93. () Wilkes & Farnsworth, Land Owner, Vol. 4, p. 107. (*) A. W. Duggan, Land Owner, Vol. 2, p. 35. (d) Instructions, Land Owner, Vol. 1, p. 3. A. F. Hubbell, Ibid, p. 246. () Instructions, Land Owner, Vol. 2, p. 50. () Instructions, Land Owner, Vol. 2, p. 133. (1) P. W. Hitchcock, Land Owner, Vol. 3, p. 60 Where a single woman has made a homestead entry, she cannot thereafter as the widow of a soldier make a second homestead entry("). A married woman can become entitled to credit on a homestead entry for her husband's military services during the late war(Þ). * The husband's military service during the rebellion cannot apply on a homestead entry initiated by the wife previous to marriage. After the commutation or consummation of the 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, and as "one of the heirs," may perfect another entry made by his mother (soldier's widow), and he may apply his father's term of military service upon the settlement required, if his mother 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 to the benefit of section 2305 Revised Statutes(*). The rule laid down in Dorame vs. Towers applies in cases where homestead entries are made by guardians for minor heirs of deceased Union soldiers. Residence on the tracts entered cannot be reasonably expected in such cases, and if the land has been cultivated in 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 during the late war. Paymasters' stewards are not entitled to the benefits of the Soldiers' Homestead 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' Homestead Act, the party will be required to present to the proper district land officers a certified copy of his discharge from the United States Army during the war of the rebellion, or in the absence thereof," satisfactory evidence" of service, which may consist of the party's affidavit of the facts, corroborated by the testimony of two disinterested witnesses, will be accepted. If this "satisfactory evidence" cannot be obtained, or if obtained, fails to show that the party had received an honorable discharge, the General Land Office will, upon application and on 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 State 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 June 22, 1874, made a homestead entry of less than one hundred and sixty acres, may enter so much land as when added to the quantity previously entered shall not exceed one hundred and sixty acres. Where a party entitled desires to make an additional entry, it is required that a full recital of military service be presented to the General Land Office, with due proof of the identity of 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. In addition, a detailed statement, under oath, must be filed by the party in interest, setting forth 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. (*) H. M. Chace, Land Owner, Vol. 3, p. 69. W. Bonine, Copp's Public Land Laws, p. 271. (b) Land Owner, Vol. 8. Charles Lee, Land Owner, Vol. 5. p. 147. Minnus vs. Salmons, Land Owner, Vol. 4, p. 38. () G. W. Benton, Land Owner, Vol. 3, p. 52. The following form is prescribed by the General Land Office: ADDITIONAL HOMESTEAD.-SPECIAL AFFIDAVIT AS TO MILITARY SERVICE, IDENTITY, ETC. I, of LAND OFFICE AT 18 do solemnly swear that I am the identical person who was mustered into th military service of the United States under the name of in Company · Regiment cf. Volunteers, on the day of, 186, and was honorably discharged from such service on the day of 186-. Í 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 of the Homestead Law as to said original entry; that I have not sold my additional homestead claim, and that I have not made any prior application for an additional homestead certificate. My post office address is Two 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 the above affidavit, for about ———— years, and that we have reason to know that his statements in said affidavit are true. Sworn to and subscribed this day of 18 Two corroborating witnesses. This affidavit, corroborated by two witnesses who are acquainted with the claimant and know that his statements therein are true, and the usual homestead affidavit, must be acknowledged before a local land officer, or the judge or clerk of the court of the county wherein the claimant 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 the law; and when presented with a proper application at any district land office, either by the 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 aothing. Where the party is qualified to make entry, the Register and Receiver will require him to make application in the form prescribed below, and to pay the same fee and commissions as in cases 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 issued 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. No.-. APPLICATION. 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 of range - acres, as additional to my original homestead on the of section -, containing — acres, which I entered Register of the land office at do hereby certify that 18-. filed the above application before me for the tract of land therein described, and that he has paid the fees and commis. sions 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, vci. 2, p. 138. A homestead declaratory statement can only be filed in case of an original homestead entry, and not for an additional tract(*). A soldier is entitled to make an entry of one hundred and sixty acres, of either minimum ›r double minimum land, but having once made an entry, subsequent to June 22, 1874, his ights under the Homestead Laws are exhausted, notwithstanding he may have entered less than one hundred and sixty acres("). A soldier who elects to make an additional homestead entry of a less number of acres than he is entitled to, cannot make another entry for the balance("). A qualified soldier or sailor who homesteaded eighty acres and entered forty acres additional under the act of June 8, 1872, will be allowed to enter enough more to make up one hundred and sixty acres, if the first two entries were made prior to June 22, 1874(a). The abandonment of an original homestead entry of less than one hundred and sixty acres will not disqualify a soldier or sailor from making an additional entry, but settlement and 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 all cases(1).` A qualified soldier under section 2306 of the Revised Statutes may enter enough more land than his original entry to make up one hundred and sixty acres, and pay cash for a small excess. But where he applies to enter a tract or tracts, the area of which, added to that of his original entry, shall exceed the one hundred and sixty acres by a greater excess than the area it would require to make up the deficiency, such application should be rejected(). A soldier's additional homestead certificate cannot be located on a tract where the excess in 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(1). III. Special Relief. In the first section of the act of Congress of July 1, 1879, entitled "An Act for the relief 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 in all cases where pre-emptions are authorized by law, where crops have been or may be destroyed 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 Land Office shall prescribe; but in no case shall such absence extend beyond one year continu 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 act 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. (1) White vs. Lafferry, Copp's Public Land Laws, p. 280. (1) J. Atkinson, Land Owner, Vol. 1, p. 35. (b) W. C. Gleason, Land Owuer, Vol,6, p. 106. |