HOMESTEAD LAWS AND REGULATIONS. 445 



factory proof of habitancy and cultivation, and pays for the 

 tract under the 8th section of said act, it is held to be a con- 

 summation of his homestead right as the act allows, and not a 

 pre-emption, and will be no bar to the same party acquiring a 

 pre-emption right, provided he can legally show his right in 

 virtue of actual settlement and cultivation on another tract, at 

 a period subsequent to his proof and payment under the 8th 

 section of the Homestead Act. 



The 2d section of the act of May 20, 1862, declares that 

 after making proof of settlement, cultivation, etc., " then, if 

 the party is at that time a citizen of the United States, he shall 

 be entitled to a patent." This, then, requires that all settlers 

 shall be "citizens of the United States" at the time of 

 making final proof, and they must file in the Land Office the 

 proper evidence of that fact before a final certificate will be 

 issued. 



A party who has proved up and paid for a tract of land 

 under the Pre-emption Act, can subsequently enter another tract 

 of land under the Homestead Act. Or, a party who has con- 

 summated his right to a tract of land under the Homestead 

 Act will afterward be permitted to pre-empt another tract. 



A settler who desires to " relinquish his homestead must 

 surrender his duplicate receipt, his relinquishment to the 

 United States " being endorsed thereon ; if he has lost his 

 receipt, that fact must be stated in his relinquishment, to be 

 signed by the settler, attested by two witnesses, and acknowl- 

 edged before the register or recei.yer, or clerk or notary public 

 using a seal. 



When a homestead entry is contested and application is 

 made for cancellation, the party so applying must file an affi- 

 davit setting forth the facts on which his allegations are 



