HOMESTEAD LAWS AND REGULATIONS. 439 



ment, must appear before the Register and Receiver, and 

 make proof of his actual residence and cultivation of the tract, 

 and pay for the same with cash or Military Land Warrants. 

 When the tract has been surveyed but not offered at public 

 sale, the claimant must file within three months from the date 

 of settlement, and make proof and payment before the day de- 

 signated in the President's Proclamation offering the land at 

 public sale. 



Should the settler, in either of the above class of cases, die 

 before establishing his claim within the period limited by law, 

 the title may be perfected by the executor or administrator, 

 by making the requisite proof of settlement and cultivation, 

 and paying the Government price ; the entry to be made in the 

 name of " the heirs " of the deceased settler. 



When a person has filed his declaratory statements for one 

 tract of land, it is not lawful for the same individual to file a 

 second declaratory statement for another tract of land, unless 

 the first filing was invalid in consequence of the land applied 

 for, not being open to pre-emption, or by determination of the 

 land against him, in case of contest, or from any other simi- 

 lar cause which would have prevented him from consummating 

 a pre-emption under his declaratory statements. 



Each qualified pre-empter is permitted to enter one hundred 

 and sixty acres of either minimum or double minimum lands, 

 subject to pre-emption, by paying the Government price, ^1.25 

 per acre for the former class of lands, and $2.50 for the latter 

 class. 



Where a person has filed his declaratory statement for land 

 which at the time was rated at $2.50 per acre, and the price 

 has subsequently been reduced to $1.25 per acre, before he 

 proves up and makes payment, he will be allowed to enter the 



