From what has been stated, it will be seen that no title to land can be
obtained from prëemptor or homesteader who has not perfected his title.
Nothing can be done to carry out such a transaction except for the
holder to formally abandon his right, which can be done by a simple
proceeding at the land-office, and for the successor to take the
chances of commencing an entirely fresh title for the land in question.
Another point to be noticed is that the homestead is not liable for the
debts of the holder contracted prior to the issuing of the patent. The
law allows but one homestead privilege: a settler relinquishing or
abandoning his claim can not thereafter make a second homestead entry.
If a settler has settled on land and filed his preëmption declaration
for the same, he may change his filing into a homestead, if he
continues in good faith to comply with the preëmption laws until the
change is effected; and the time during which he has been on the land
as a preëmptor will be credited to him toward the five years for a
homestead.
The above information is obtained from the statutes of the United
States, and is generally applicable. The rates of fees given are those
which apply to Oregon, and vary slightly in different States.
[Sidenote: _SCHOOL AND RAILROAD LAND._]
Besides the public lands open to homestead and preëmption, a settler
may purchase school lands, university lands, State lands, or railroad
or wagon-grant lands. In each township of thirty-six sections of 640
acres each, the two numbered 16 and 36 are devoted to school purposes,
and are sold by the Board of School Commissioners for the State to
settlers in quantities not exceeding 320 acres to any one applicant,
and at the best prices obtainable; such lands are valued by the county
school superintendents for the information of the commissioners, but
the minimum price is two dollars an acre. A further number of sections
has been granted by the United States to the State of Oregon for the
support of the University and of the Agricultural College. The greater
part of these lands has been sold; some still remains; the average
price of previous sales is somewhat under two dollars an acre. The
State also possesses some further lands donated by the United States
for various purposes, but the quantity is not extensive--except of
lands known as swamp lands. Where the greater portion of a section is
properly describable as wet and unfit for cultivation, it is called
swamp land. Such lands have been granted by the United States to the
State of Oregon, and are not open to preëmption or homesteading. A very
free interpretation is put on the words "wet and unfit for
cultivation," and a very large acreage is included. The State has given
rights of purchase over large bodies of these lands to different
parties, and at prices which I have heard bear but a small proportion
to their real value. At every session of the Legislature some fresh
Public-domain text, read in full here on John Shaqi.
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