4 86 



LAW— EVERY MAN HIS OWN LAWYER. 





file his affidavit with the local land officers, 

 setting forth the facts upon which his 

 allegations are founded, describing the 

 tracts and giving the name of the settler. 

 Upon this the officers will set apart a day 

 for hearing, giving all the parties in in- 

 terest due notice of the time and place of 

 trial. 



The expenses incident to such con- 

 test must be defrayed by the contestant, 

 and no entry of the land can be made 

 until the local officers have received 

 notice from the General Land Office of 

 the cancellation of the entry covering 

 the same. As the law allows but one 

 homestead privilege, a settler relinquish- 

 ing or- abandoning his claim, cannot 

 thereafter make a second entry. Where 

 an individual has made settlement on a 

 surveyed tract and filed his pre-emption 

 declaration therefor, he may change his 

 filing into a homestead, yet such a change 

 is inadmissible where an adverse right 

 has intervened, but in such cases the 

 settler has the privilege of perfecting his 

 title under the pre-emption laws. If the 

 homestead settler does not wish to 

 remain five years on his tract, the law 

 permits him to pay for it with cash war- 

 rants, upon making proof of settlement 

 and cultivation from the date of entry to 

 time of payment. There is another class 

 of homesteads, designated as "adjoining 

 farm homesteads." In these cases the 

 law allows an applicant, owning and 

 residing on an original farm, to enter 

 other land lying contiguous thereto, 

 which shall not, with such farm, exceed 

 in the agregate one hundred and sixty 

 acres. Thus, for example, a party own- 

 ing or occupying eighty acres may enter 

 eighty additional graded at $x 25, or 

 forty acres at $2 50. Or suppose the 

 applicant to own forty acres, then he may 

 enter one hundred and twenty acres 

 graded at $1 25, or forty at $1 25 and 

 forty at $2 50, if both classes of land 

 should be found contiguous to his original 

 farm. In entries of " adjoining farms " 

 the settler must describe, in his affidavit, 

 the tract he owns and is settled upon as his 

 original farm. Actual residence on the 

 tract entered as an adjoining farm is not 

 required, but bona fide improvement and 

 cultivation of it must be shown for the 

 period required by the statute. 



Lands obtained under the homestead 



laws are exempted from liability for debts 

 contracted prior to the issuing of patents. 

 therefor. 



Pre-emptors, in all organized districts 

 where surveys have been made, can pay 

 for their tracts either in cash or with 

 warrants, except as to double minimum 

 or $2 50 lands, within the lateral limits of 

 railroad grants, it being required for the 

 double minimum tracts that the warrant 

 shall be taken as half the consideration, 

 and the residue be paid in money. 



Homestead Entry Fees. — For home- 

 stead entries on surveyed lands in 

 Michigan, Wisconsin, Iowa, Missouri, 

 Minnesota, Kansas, Nebraska, Dakota, 

 Alabama, Mississippi, Louisiana, Arkan- 

 sas, and Florida, the total commisions 

 and fees to be paid on minimum lands 

 are as follows : On 160 acres, $18; on 

 80 acres, $9; on 40 acres, $7; on double 

 minimum lands, 80 acres, $18; 40 acres, 

 $9. On surveyed lands in California, 

 Nevada, Oregon, Colorado, New Mexico, 

 Washington, Arizona, Idaho, and Monta- 

 na, the commissions and fees are as 

 follows: On minimum lands, 160 acres, 

 $22; 80 acres $11; 40 acres, $8; on 

 double minimum lands, 80 acres, $22 ; 40 

 acres, $11. By the act of the 21st June, 

 1866, the public lands of Alabama, Mis- 

 sissippi, Louisiana, Arkansas, and Florida, 

 are subject to disposal under the pro- 

 visions of the homstead laws only. 



SOLDIERS' and SAILORS' HOME- 

 STEADS. — Any loyal person in the naval 

 or military service of the United States 

 may acquire a homestead by reason of 

 his family occupying land and making 

 the application in his stead. All officers, 

 soldiers, and sailors who have served in 

 the army or navy for ninety days and 

 remained loyal, may enter one hundred 

 and sixty, instead of eighty acres of dou- 

 ble minimum lands. 



By act of Congress, persons taking 

 government lands by homestead will be 

 allowed to deduct from the time required 

 to occupy the land, the term of service 

 in the army or navy during the rebellion 

 — provided, however, that no patent shall 

 be given until the land has been occupied 

 one year after his improvements, as afore- 

 said. 



The following amendment was passed 

 by Congress, in 1873 : 



Whereas, By act of Congress, entitled 



