and not more than one-quarter of a township, one quartersection of land. ceivable for pre 4 Stat. 179; 11 id. 385; 18 id. 202; R. S. 2276. SEC. 200. All warrants for military bounty-lands, which Military bounty are issued under any law of the United States, shall be re- land warrants received in payment of pre-emption rights at the rate of one emption paydollar and twenty-five cents per acre, for the quantity of ments. land therein specified; but where the land is rated at one dollar and twenty-five cents per acre, and does not exceed the area specified in the warrant, it must be taken in full satisfaction thereof. 10 Stat. 3; R. S. 2277. ceivable in pay SEC. 201. Agricultural-college scrip, issued to any State Agriculturalunder the act approved July second, eighteen hundred and college scrip resixty-two, or acts amendatory thereof, shall be received ment of pre-empfrom actual settlers in payment of pre-emption claims in the same manner and to the same extent as authorized in case of military bounty-land warrants, by the preceding section. 16 Stat. 186; R. S. 2278. tions. SEC. 202. No person shall have the right of pre-emption Pre-emption to more than one hundred and sixty acres along the line of limit along railrailroads within the limits granted by any act of Congress. 10 Stat. 244; 18 id. 519; R. S. 2279. road lines. reserved for SEC. 203. Any settler on lands heretofore reserved on Pre-emption account of claims under French, Spanish, or other grants, rights on lands which have been or may be hereafter declared by the grants found inSupreme Court of the United States to be invalid, shall be valid. entitled to all the rights of pre-emption granted by the preceding provisions of this chapter, after the lands have been released from reservation, in the same manner as if no reservation had existed. rights on lands 10 Stat. 244; R. S. 2280. Mahoney v. Van Winkle, 33 Cal. 448; Umbarger v. Chaboya, 49 id. 525; Rutledge v. Murphey, 51 id. 389. SEC. 204. All settlers on public lands which have been Pre-emption or may be withdrawn from market in consequence of pro-rigerved for railposed railroads, and who had settled thereon prior to such roads. withdrawal, shall be entitled to pre-emption at the ordinary minimum to the lands settled on and cultivated by them; but they shall file the proper notices of their claims and make proof and payment as in other cases. Baker v. Gee, 1 10 Stat. 269; 16 id. 279; 18 id. 519; R. S. 2281. Wall. 333; Lansdale v. Daniels, 10 Otto, 113. Railway Co. v. Baldwin, 7 Neb. 247; Collins v. Bartlett, 44 Cal. 371; Campbell v. Buckman, 49 id. 362; Weaver v. Fairchild, 50 id. 360. Decisions Sec. Int., Sept. 24, 1862; July 31, 1872; March 31, 1873; Feb. 18, 1874; Sept. 10, 1874; Sept. 19, 1874; March 23, 1875; March 22, 1876; Oct. 15, 1878; July 2, 1879. Decisions Com. G. L. O., Sept. 12, 1862; Aug. 23, 1871; Feb. 18, 1873; March 12, 1873. SEC. 205. Where any actual settler who shall have paid for Right of addi any lands situate within the limits of any grant of lands tional location by by Congress to aid in the construction of any railroad, the within limits of price of such lands being fixed by law at double-minimum forfeited railroad rates, and such railroad lands having been forfeited to the United States and restored to the public domain for failure to build such railroad, such person or persons shall have pre-emptors grants. Confirmation of pre-emption en road limits made drawal at local office. the right to locate, on any unoccupied lands, an amount equal to their original entry, without further cost, except such fees as are now provided by law in pre-emption cases; but when such location is made upon double-minimum lands, one-half the amount only shall be taken. 18 Stat. 519. SEC. 206. All pre-emption entries, or entries in compliance tries within rail with any law of the United States, of the public lands, made prior to receipt of in good faith, by actual settlers, upon tracts of land of not notice of with more than one hundred and sixty acres each, within the limits of any land grant, prior to the time when notice of the withdrawal of the lands embraced in such grant was received at the local land office of the district in which such lands are situated, or after their restoration to market by order of the General Land Office, and where the pre-emption laws have been complied with, and proper proofs thereof have been made by the parties holding such tracts or parcels, they shall be confirmed, and patents for the same shall issue to the parties entitled thereto. Lands within railroad grants abandonment. 19 Stat. 35. Decisions Sec. Int., Aug. 9, 1876; Oct. 24, 1876; Sept. 16, 1876; Jan. 27, 1877; March 30, 1877; Oct. 12, 1877; Jan. 30, 1878; Feb. 7, 1878; May 22, 1878; June 3, 1878; June 11, 1878; Dec. 18, 1878; Dec. 20, 1878; Jan. 25, 1879; Jan. 31, 1879; July 19, 1879; July 24, 1879; Aug. 23, 1879; Sept. 17, 1879; Oct. 24, 1879; Nov. 13, 1879. Decisions Com. G. L. O., Feb. 14, 1876; Sept. 16, 1876; Jan. 3, 1878; Aug. 2, 1878. SEC. 207. When at the time of the withdrawal, as stated re-entered after in the preceding section, valid pre-emption claims existed upon any lands within the limits of any such grants which afterward were abandoned, and, under the decisions and rulings of the Land Department, were re-entered by preemption claimants who have complied with the laws governing pre-emption entries, and shall make the proper proofs required under such laws, such entries shall be deemed valid, and patents shall issue therefor to the person entitled thereto. Entries made 19 Stat. 35. Decisions Sec. Int., Aug. 17, 1876; April 21, 1877; May 1, 1877; May 3, 1877; May 6, 1878; June 27, 1878; Aug. 14, 1878; Aug. 28, 1878; Nov. 7, 1878; Jan. 21, 1879; March 14, 1879; April 4, 1879; June 28, 1879; July 23, 1879; Oct. 16, 1879; Dec. 13, 1879. Decision Com. G. L. O., Feb. 5, 1879. Cir. G. L. O., Nov. 7, 1871. SEC. 208. All such pre-emption entries which may have after expiration been made by permission of the Land Department, or in pursuance of the rules and instructions thereof, within the limits of any land grant at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such a claim to a patent therefor. of land grants. Where claimant of entry becomes register or receiver. 19 Stat. 35. SEC. 209. Any bona-fide settler under the homestead or pre-emption laws of the United States who has filed the proper application to enter not to exceed one quarter-section of the public lands in any district land office, and who has been subsequently appointed a register or receiver, may perfect the title to the land under the pre-emption laws by furnishing the proofs and making the payments required by law, to the satisfaction of the Commissioner of the General 17 Stat. 10; R. S. 2287. U. S. v. Fitzgerald, 15 Pet. 407. 4 Op. fer of settlers un SEC. 210. Any person who has already settled or here- Right of transafter may settle on the public lands, either by pre-emption, der homestead or or by virtue of the homestead law or any amendments pre-emption laws for certain public thereto, shall have the right to transfer, by warranty against purposes. his own acts, any portion of his pre-emption or homestead for church, cemetery, or school purposes, or for the right of way of railroads across such pre-emption or homestead, and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to their pre-emptions or homesteads. 17 Stat. 602; R. S. 2288. SEC. 211. Nothing contained in this chapter shall delay Sale of land not the sale of any of the public lands beyond the time appointed to be delayed, &o. by the proclamation of the President. 5 Stat. 457; R. S. 2282. Decision Sec. Int., Feb. 5, 1876. NOTE.-The following acts authorizing settlers upon the public lands under the pre-emption, homestead, and timber-culture laws, whose crops were destroyed by grasshoppers, to absent themselves temporarily from their lands, &c., and extending the time for making final proof, have been passed from time to time by Congress, viz: 18 Stat. 81; 19 id. 54, 55, 59, 405; 20 id. 88, 169; act of June 4, 1880. Sec. CHAPTER EIGHT. HOMESTEADS. Sec. 212. Who may enter certain unappropri- 235. Soldiers' and sailors' homesteads. ated lands. 213. Mode of procedure. 214. Pre-emption filing changed to homestead entry. 215. Homestead settlers allowed same time as pre-emptors to file application for lands. 216. Certificate and patent, when given and issued. 217. When rights inure to the benefit of 218. Homestead entries of insane persons 220. When persons may make affidavit 221. Record of applications. 222. Homestead lands not to be subject to prior debts. 223. When lands entered for homesteads revert to Government. 224. Publication of notice of contest in homestead cases. 225. Notice of intention to make final 226. Publication of notice of entry. once. 228. Party contesting homestead entry 230. Existing pre-emption rights not im- 231. What minors may have the privileges of this chapter. 232. Payment before expiration of five years; rights of applicant. 233. No distinction on account of race or color, &c. 234. What lands disposed of only as homesteads. Who may enter 236. Deduction of military and naval service from time, &c. 237. Persons who have entered less than 238. Widow and minor children of persons 244. Exemption of homestead, Stockbridge 245. Stockbridge Munsees becoming citi SEC. 212. Every person who is the head of a family, or certain unappro- who has arrived at the age of twenty-one years, and is a priated public lands. citizen of the United States, or who has filed his declaration of intention to become such, as required by the naturalization laws, shall be entitled to enter one quarter-section or a less quantity of unappropriated public lands, upon which such person may have filed a pre-emption claim, or which 80 may, at the time the application is made, be subject to preemption at one dollar and twenty-five cents per acre; or eighty acres or less of such unappropriated lands, at two dollars and fifty cents per acre, to be located in a body, in conformity to the legal subdivisions of the public lands, and after the same have been surveyed. And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. 12 Stat.392; 18 id. 15, 22, 194, 334, 420; 19 id. 35, 405; R. S. 2289. Railway Co. v. Watts, 2 Dillon, C. C. 310. Bellows v. Todd, 34 Iowa, 18; Deland v. Day, 45 id. 37; Blair Town Co. v. Kitteringham, 43 id. 462; Walker v. Stone, 48 id. 92; Stalmacker v. Morrison, Neb. 363; Stark v. Baldwin, 7 id. 114; Railway Co. v. Baloni, 7 id. 247; Keeran v. Allen, 33 Cal. 542; Emmerson v. Samsome, 41 id. 552. Decisions Sec. Int., Oct. 16, 1870; April 28, 1871 (1 Copp's L. O. 36); June 20, 1871 (1 id. 114); July 8, 1871 (Copp's L. L. 231); Nov. 1, 1871 (id. 240); June 19, 1872; May 19, 1874; June 1, 1874 (1 Copp's L. O. 35); Sept. 16, 1874; Aug. 25, 1875 (2 Copp's L. 0.83); Sept. 23, 1875 (2 id. 100); Jan. 12, 1876 (2 id. 162); April 4, 1876 (3 id. 21); April 12, 1876 (3 id. 52); April 29, 1876 (3 id. 114); Aug. 3, 1876 (3 id. 122); Jan. 5, 1877 (3 id. 164); March 7, 1877; Sept. 14, 1878; Jan. 6, 1879 (5 Copp's L. O. 179); Sept. 16, 1879 (6 id. 108); Sept. 27, 1879 (6 id. 107); June 22, 1880 (7 id. 66). Decisions Com. G. L. O., Dec. 18, 1867 (Zab. L. L. 162); Feb. 28, 1868; (id. 164); May 15, 1868 (id. 165); June 23, 1870 (7 Copp's L. O. 25); May 8, 1871 (Copp's L. L. 228); July 11, 1871; Feb. 5, 1873; March 28, 1873 (2 Copp's L. O. 57); Feb. 10, 1874 (1 id. 3); March 11, 1874 (1 id. 19); March 20, 1874 (1 id. 34); March 26, 1874 (1 id. 4); April 15, 1874 (1 id. 20); May 7, 1874 (1 id. 39); May 15, 1874 (1 id. 35); May 21, 1874 (1 id. 35); Aug. 4, 1874; Sept. 26, 1874 (1 Copp's L. 0.99); Sept. 29, 1874 (6 id. 172); Oct. 5, 1874 (Copp's L. L. 280); Oct. 28, 1874; Nov. 27, 1874 (1 Copp's L. O. 163); Feb. 20, 1875 (1 id. 180); March 27, 1875 (2 id. 34); May 22, 1875 (2 id. 82); Dec. 1, 1875 (2 id. 132); April 13, 1876 (3 id. 19); June 8, 1876 (2 id. 181); Dec. 5, 1876 (3 id. 178); Jan. 6, 1877 (4 id. 168); Jan. 12, 1877 (4 id. 107); March 23, 1877 (6 id. 137); July 11, 1877 (4 id. 83); Aug. 16, 1877 (4 id. 103); Aug. 18, 1877 (4 id. 107); Nov. 28, 1877 (4 id. 146); Jan. 8, 1878 (6 id. 125); Dec. 7, 1878 (5 id. 147); June 23, 1879 (6 id. 51); July 30, 1879 (6 id. 106); Oct. 10, 1879 (6 id. 125); Feb. 3, 1880 (6 id. 190). Cir. G. L. O., Oct. 30, 1862 (Zab. L. L. 147, 151); June 25, 1869 (Copp's L. L. 248); Aug. 15, 1872 (1 Copp's L. O. 28); Jan. 19, 1878 (6 id. 125); Aug., 1878 (5 id. 118); Oct. 18, 1878 (5 id. 164); Nov. 1, 1878 (5 id. 147); Nov. 14, 1878 (5 id. 165); July 1, 1879 (6 id. 92); Sept. 1, 1879. Rules 24-27, G. L. O. Rep. 1877, p. 101. SEC. 213. The person applying for the benefit of the pre- Mode of proceding section shall, upon application to the register of the cedure. land office in which he is about to make such entry, make affidavit before the register or receiver that he is the head of a family, or is twenty-one years or more of age, or has performed service in the Army or Navy of the United States, and that such application is made for his exclusive use and benefit, and that his entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person; and upon filing such affidavit with the register or receiver, on payment of five dollars when the entry is of not more than eighty acres, and on payment of ten dollars when the entry is for more than eighty acres, he shall thereupon be permitted to enter the amount of land specified. 12 Stat. 392; 13 id. 35; 14 id. 67; 18 id. 192, 420; R. S. 2290. Litch |