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All cases of the above character must be reported to this office with special communications. You are requested to acknowledge the receipt. of this circular and enjoined strictly to observe its requirements.

J. M. EDMUNDS, Commissioner.

To the Registers and Receivers of the United States Land Offices.

No. 247 B.

Homestead Circular. New Series, No. 5.
DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, January 19, 1866. Gentlemen:Under the recent ruling, bearing date 15th inst., of the Secretary of the Interior, a pre-emptor filing after the date of the homestead act of 20th of May, 1862,* has a right to change said pre-emption into a homestead, except where the settlement is shown to have been made upon UNSURVEYED land, in which case he must perform his engagements under the pre-emption laws, and cannot change to a homestead.

Therefore, where a party seeks to commute his pre-emption claim into a homestead, you are directed to "ascertain whether his settlement commenced PRIOR TO THE SURVEY of the land, and if it did, you will disallow the entry.

Be pleased to acknowledge the receipt of this circular.
Very respectfully,

To

J. M. EDMUNDS, Commissioner. Register and Receiver at

No. 248 B.

Circular.-Homestead.-New Series No. 7.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, April 20, 1866. Gentlemen In taking the proof, when homesteads are transmuted to cash entries and warrant locations under the 8th section of the homestead act, we notice that the blanks furnished for pre-emption cases have been used, upon the supposition, no doubt, that when a homestead is paid for under the 8th section it is thereby transmuted to a pre-emption.

The payment, under the 8th section of the act, is simply a consummation of the homestead as allowed by law, upon the party making proof of settlement and cultivation, as required of parties purchasing under the pre-emption laws.

For your future guidance, in dealing with this class of cases, I have to communicate the following directions :

1st. You will require the affidavit of the party setting forth the facts as to his settlement and improvement to date of payment.

2d. The corroborating testimony of two disinterested witnesses. 3d. That the homestead duplicate receipt be surrendered and transmitted with the other papers in the case to this office.

4th. You will note on your abstracts and on the papers in the case, the following: "Commuted from homestead entry No.

* No. 33 B.

under 8th

9

section of homestead act

;" and on your records, against the homestead entry, you will note, "Commuted under 8th section by wt.,

or cash entry No.

," as the case may be, and against the

act
wt., or cash entry, make a reference to the homestead.

Proper blanks for affidavit and proof of settlement and cultivation will
be prepared and furnished you as soon as possible.
Be pleased to acknowledge receipt of this circular.
Very respectfully,

To Register and Receiver

J. M. EDMUNDS, Commissioner.

No. 249 B.

Gentlemen

Circular Letter.

Department OF THE INTERIOR,

GENERAL LAND OFFICE, August, 25, 1866.

The Secretary of the Interior, under date of June 22, 1866, decided that a pre-emption settler who had made his filing on an odd numbered section within railroad limits could not change to a homestead, the following being an extract from said decision :.

"The homestead settler's right attaches only from the date of entry, the pre-emptor's from the date of his actual personal settlement. The title in either case is consummated by a full compliance with the terms and conditions imposed by law. The grant to said company does not embrace lands to which a valid right arising either under the homestead or pre-emption laws had previously attached, but if such right be abandoned or forfeited the grant would immediately thereafter take effect. A preemptor cannot abandon his claim as such, or transmute it to a homestead entry so as to defeat the right of the company, which enured before such entry be made. If a pre-emption settlement had been commenced upon surveyed land the latter might be entered as a homestead before the right of the company attached, but not at subsequent date."

Therefore settlers on such lands will be required to establish and pay for their claims under the pre-emptlon laws.

2d. In case any such settlers have made entries under the homestead act, the same will be suspended and they will be required to conform to this ruling of the head of the Department, and furnish proof and pay for their claims under the pre-emption act.

You will please acknowledge the receipt hereof.

Very respectfully, your obedient servant,
Jos. S. WILSON, Acting Commissioner.

No. 250 B.

Circular.-Homestead Law of 1866.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, September 25, 1866. Gentlemen:-Annexed is the act of Congress "approved June 21, 1866,"* providing for the disposal of the public lands for homestead. actual settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida.

*No. 166 B.

The 1st section of this act, in providing for the disposal of the public. lands in the States above mentioned, according to the provisions of the homestead act of May 20, 1862, and the amendatory act of March 21, 1864, restricts entries to not more than a half-quarter section or 80 acres when held at $1.25 per acre. Should the tract selected, however, be $2.50 per acre land, only half that quantity, or 40 acres, can be entered according to the principle fixed in the original statute of 1862, the law imposing this restriction as to quantity in said States for two years from its passage. After the expiration of that time, however, entries as to quantity of acres, should no other legislation be had, will be governed by the provisions of the 1st section of the act of the 20th May, 1862.

This section of the act of 1866 provides further that the benefits of the law shall be extended to citizens of the United States without distinction or discrimination as to race or color, and that no mineral lands shall be liable to homestead entry for settlement under its provisions. In lieu of the $10 fee required by act of May 20, 1862, to be paid at the time of entry, the sum of $5 is to be paid at the time of the issue of patent in each case. The commissions of the Register and Receiver will be the same as provided for in acts of May 20, 1862, and March 21, 1864, viz : One per cent. on the cash value of the land to each officer, with additional 50 per centum provided for in the 6th section of the act of March 21, 1864, to the officers in the several regions of country therein named. The foregoing provisions are mainly of special application to the States first above mentioned. The 2d section of the act is of general application to all the States and Territories, and re-enacts the 2d section of the act of May 20, 1862, with the following modifications, viz:—

Until the 1st of January, 1867, the applicant is required to make affidavit, in addition to the oath required by said section, that he has not borne arms against the United States or given aid and comfort to its enemies. This requirement is already inserted in the form B of affidavit adopted in the administration of the original act, and forms part of the instructions in circular of October 30, 1862. The effect, then, of this legal stipulation is to limit that particular requirement to the 1st of January, 1867.

The law in question is further of general application in this, that the fee is reduced to $5 when the entry shall not embrace more than eighty acres held at $1.25 per acre; but when the entry is in excess of that quantity, the usual fee ($10) must be paid. The 3d section of the act stipulates that all the provisions of the homestead law of May 20, 1862, and the amendatory act of 1864, so far as the same may be applicable, except as modified by act of June 21, 1866, are to be held and regarded a part of said act of 1866 as fully as if therein enacted and set forth. Very respectfully, your obedient servant,

Jos. S. WILSON, Commissioner. To the Registers and Receivers of the United States Land Offices.

No. 251 B.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, May 15, 1868. Gentlemen-There appears to be an uncertainty existing among some of the local land officers as to the proper course to adopt in the adjustment of final homestead entries; therefore, whilst it is, of course, impos

sible to give special instructions applicable to all cases that may be presented, yet, by a classification and the application of general rules to each class, the difficulties may be overcome, and harmonious administration of the law secured.

These cases then may be divided into three classes :

1st. Those who have fully met the requirements of the law. 2d. Those partially failing, yet within equitable rulings.

3d. Those where the claimants are clearly without the protection of the statute.

Of the first class it is unnecessary to treat (the proof, of course, sustaining the claim), further than to direct that you promptly return the cases with your decision thereon.

In the second class, where equity strongly points to recognition of the claim, yet where, in view of the statute, you do not feel authorized to allow the same, you will transmit the proof, with your joint decision thereon, for the consideration and determination of this office, and hold the entry subject to our ruling, of which you will be advised without unnecessary delay.

With regard to the third class, wherein the testimony is not satisfactory, and you are convinced that the party has made no proper effort to comply with the law, you will reject the claim, and transmit the proof, with your decision, to this office, so that your action may be reviewed, and, if sustained, that the original entry may be cancelled; but in all cases notify the party that, if he so desires, an appeal may be taken from your decision.

This appeal should be in writing, with the grounds stated, and should be filed with you within thirty days from date of your notice to the party of the rejection of the claim. In case of appeal, transmit the same to this office.

Action will then be here taken, and the result made known to you. In the case of “adjoining farm" entries you will require the following proof:

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1st. That the party is the owner of and settled upon an 'original farm"-particularly describing the same by subdivision of section, township, and range-at the date of his homestead entry, and that said farm is contiguous to and adjoining the lands embraced in such homestead. 2d. That he has continued to reside upon and improve said original farm during the five years.

3d. That he has, during said five years, also cultivated and improved the adjoining farm tract, in conjunction with the original farm, satisfactorily showing the value and extent of such improvement.

You will please acknowledge receipt of this.

Register and Receiver.

Respectfully,

Jos. S. WILSON, Commissioner.

No. 252 B.

Settlement on abandoned homestead prior to withdrawal for railroad purposes does not give right of pre-emption, etc.

GENERAL LAND OFFICE,

July 17, 1869.

Gentlemen :-A party settling on an abandoned homestead entry, and purchasing the homestead settler's improvements, the homestead entry

* No. 146 B.

not being cancelled until after withdrawal for railroad purposes, does not acquire the right of a pre-emptor; the land is not and has not been vacant and unappropriated public land at any time since the date of homestead entry of 1864, and withdrawal in 1866, and is not subject to pre-emption entry.

Respectfully, etc.,

Jos. S. WILSON, Commissioner.

Register and Receiver, Denver, Colorado.

No. 253 B.

HOMESTEAD RULINGS.

Extracted from the able and comprehensive Annual Reports of the Hon. Joseph S. Wilson, Commissioner of the General Land Office, for the years 1868, 1867, and 1866.

Where different parties hold an undivided interest as tenants in common in an original farm, it has been decided that until a decision is made so as to fix the description of the tract taken by each, there cannot be a separate entry made as an adjoining farm by any one holding such individual interest, because the law contemplates a fee simple ownership in a particular tract as an essential preliminary to making an entry of other land as a farm adjoining.

Inquiry has been made as to the proof requisite where the parties apply to make payment under the 8th section of the homestead act of 20th May, 1862.

It has been ruled that proof must be made of settlement and cultivation up to the time of payment, so as to show a bona fide purpose on the part of the settler to make the land his permanent homestead. Wherever the proof may show an honest effort by the claimant to meet the requirements of the statute, the Register and Receiver are directed to deal with the matter in no narrow, but in a liberal spirit, yet in subordination to the requirement of the statute. In cases where the settler is deceased, and his legal representatives thereafter discover that the homestead papers describe other land than the tract embraced by his actual settlement, it has been ruled that the widow or representatives may prove and thereafter certify on the application to the correct description of the tract upon which the deceased party actually settled, and when satisfactory, the error in description may be corrected.

Applications have been made to relinquish a homestead claim, in order to a subsequent filing on the same tract under the pre-emption laws. If the party relinquishing is entitled to the pre-emption, and sees fit to avail himself of it on the tract he had relinquished under the homestead, he has a right to do so, as it is not in any view a consummation, but a separate, distinct transaction, initiated and perfected under another law.

Cases have arisen where persons have made homestead entry on tracts previously offered, and complaint has been entered that settlers had failed to meet the requirements of the homestead law. Where such parties have made considerable improvements, but failed in residence, their rights as homestead claimants have been forfeited; but in view of the improvements existing, they have been allowed to purchase the land at private entry, because it was liable to such entry, having been duly offered.

When a settler upon an "offered tract" dies before the expiration of the five years, and his heirs, living at a distance from the premises, have

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