Buffalo Land: Authentic Account of the Discoveries, Adventures, and Mishaps of a Scientific and Sporting Party in the Wild WestWebb, W. E. (William Edward)
History
Buffalo Land: Authentic Account of the Discoveries, Adventures, and Mishaps of a Scientific and Sporting Party in the Wild West
Webb, W. E. (William Edward)
Hunting -- West (U.S.); Paleontology -- Kansas; West (U.S.) -- Description and travel
When a homestead settler has failed to commence his residence upon land
so as to enable him to make a continuous residence 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 witnesses.
In the second section of the act of May 20, 1862, it is stipulated 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 and cultivation on the land for the period required by law,
and at the expiration of the time provided, a patent will be issued in
their names.
In the case of the death of a homestead settler who leaves a widow and
children, should the widow again marry and continue her residence and
cultivation upon the land entered in the name of her first husband for
the period required by law, she will be permitted to make final proof as
the widow of the deceased settler, and the patent will be issued in the
name of "his heirs."
When a widow, or single woman, has made a homestead entry, and
thereafter marries a person who has also made a similar entry on a
tract, it is ruled that the parties may select which tract they will
retain for permanent residence, and will be allowed to enter the
remaining tract under the eighth section of the act of May 20, 1862, on
proof of inhabitance and cultivation up to date of marriage.
In the case of the death of a homestead settler, his heirs will be
allowed to enter the land under the eighth section of the Homestead Act,
by making proof of inhabitancy and cultivation in the same manner as
provided by the second section of the act of March 3, 1853, in regard to
deceased pre-emptors.
When at the date of application the land is $2.50 per acre, and the
settler is limited to an entry of eighty acres, should the price
subsequently be reduced to $1.25 per acre, the settler will not be
allowed to take additional land to make up the deficiency.
The sale of a homestead claim by the settler to another is not
recognized, and vests no titles or equities in the purchaser, and would
be _prima facie_ evidence of abandonment, and sufficient cause for
cancellation of the entry.
Public-domain text, read in full here on John Shaqi.
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