442 BUFFALO LAND. 



titled to a patent. In case of the death of both father and 

 mother, leaving an infant child or children under twenty-one 

 years of age, the right and fee shall inure to the benefit of said 

 infant or children ; and the executor, administrator, or guardian 

 may, at any time after the death of the surviving parent, and in 

 accordance with the law of the State in which such children for 

 the time being have their domicil, sell said land for the benefit 

 of said infants, but for no other purpose ; and the purchaser 

 shall acquire the absolute title from the Government and be 

 entitled to a patent. 



When a homestead settler has failed to commence his resi- 

 dence upon land so as to enable him to make a continuous resi- 

 dence of five years within the time (seven years) limited by 

 law, he will be permitted, upon filing an affidavit showing a 

 sufficient reason for his neglect to date his residence at the time 

 he commenced such inhabitancy, and will be required to live 

 upon the land for five years from said date, provided no 

 adverse claim has attached to said land, and the affidavit of 

 a settler is supported by the testimony of disinterested wit- 

 nesses. 



In the second section of the act of May 20, 1862, it is stipu- 

 lated in regard to settlers, that in the case of the death of both 

 father and mother, leaving an infant child, or children, under 

 twenty-one years of age, the right and fee shall inure to the 

 benefit of the infant child or children ; and that the executor, 

 administrator, or guardian, may sell the land for the benefit of 

 the infant heirs, at any time within two years after the death 

 of the surviving parent, in accordance with the law of the 

 State. The Commissioner rules that instead of selling the land 

 as above provided, their heirs may, if they so select, continue 

 residence ind cultivation on the land for the period required 



