No person can claim a preëmption right more than once. But the settler
on land which has been surveyed, and which he desires to preëmpt, must
file his statement as to the fact of his settlement within three months
from the date of his settlement, and he must make his proof and pay for
his land within thirty-three months from the date of his settlement.
The fee of $1.50 is payable to the register, and a similar fee to the
receiver at the land-office on filing the declaratory statement above
mentioned. It should be added that, if the tract has been offered for
sale by the Government, payment must be made for the preëmpted land
within thirteen months from the date of settlement. If the settler
desires to obtain a homestead, he must come within the following
description: the head of a family, or who has arrived at the age of
twenty-one years, and is a citizen of the United States, or who has
duly filed his declaration of intention to become such.
The quantity of land thus obtainable is 160 acres, which is, at the
time his application is made, open to preëmption, whether at $1.25 an
acre or at $2.50 an acre. There was until recently a distinction
between land within the limits of railroad or wagon-road grants or
outside of such limits, only 80 acres of the former class being
obtainable, but the distinction is now done away. The applicant has to
make affidavit, on entering the desired land, that he possesses the
above qualifications, that the application is made for his exclusive
use and benefit, and that his entry is made for the purpose of actual
settlement and cultivation. He has also to pay fees of $22 for 160
acres when entry is made, and $12 when the certificate issues; and of
$11 for 80 acres when entry is made, and $6 when certificate issues.
Such fees apply to land of the $2.50 price. They are reduced to totals
of $22 for 160 acres and $11 for 80 acres, for land of the $1.25 price.
Before a certificate is given or a patent issued for a homestead, five
years must have elapsed from the date of entry. Affidavit has to be
made that the applicant has resided upon or cultivated the land for the
term of five years immediately succeeding the time of filing the
affidavit, and that no part of the land has been alienated. The patent
gives an absolute title. In case of the death of the settler before the
title to the preëmption or homestead is perfected, the grant will be
made to the widow, if she continues residence and complies with the
original conditions; if both father and mother die, leaving infant
children, they will be entitled to the right and fee in the land, and
the guardian or executor may at any time within two years after the
death of the surviving parent, and in accordance with the laws of the
State, sell the land for the benefit of the children; and the purchaser
may obtain the United States patent.
Public-domain text, read in full here on John Shaqi.
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