HOMESTEAD AFFIDAVIT, Continued.

PAGE.

264

264-65

What to consist of in case of parties claiming under soldiers' and
sailors' homestead law, whose entries have been cancelled,
To be transmitted to General Land-Office, for examination,
Form of, to be used under soldiers' and sailors' homestead pro-
visions,

266

In original homesteads, must be taken before clerk of county court
when for good reason applicant cannot attend district land-office, 267
First four lines of, of applicant under act of June 8, 1872, to be
corroborated in certain cases,

267

273

What to consist of, when made by parties who make direct home-
stead entries,

In default of, a forfeiture of all rights will follow,

273

If rendered invalid in consequence of a clerical error should not
prejudice a party's entry,

274-75

Testimony in addition to final required of certain class of home-"
stead settlers.

Handed to receiver after office hours, without fee is not legal,
For 80 acres double minimum cannot be changed to include 160
acres minimum, upon the land ceasing to be double minimum, . 240
Form of, to be used under soldiers' and sailors' homestead pro-
visions,

For one-quarter section under act of May 20, 1862, must be filed
by party,.

Preparation of, for transmission to the General Land-Office,
HOMESTEAD CLAIM. (See Entries.)

266

274

769

Agricultural college scrip may be received in payment for, com-
muted under section 2301 of Revised Statutes of U. S.,
Sale of, by settler to another before completion of title not valid;
considered prima facie evidence of abandonment, .

181

184

Of widows and minor orphan children may be initiated by decla-
ration,

186

To land covered by an uncancelled prior homestead entry is not
allowable,

226

But one, allowed to each individual; exception,

254

Any person entitled to benefits of soldiers' and sailors' homestead
act may file through an agent,

264

Six months allowed after filing of, to make entry, &c.,

264

A, of record is prima facie evidence of a valid right, .

389

A, fraudulent in its inception or abandoned at date a railroad
grant took effect passes to the road the land embraced therein if
an odd section, &c.,

389

Proceedings to contest, within railroad grants,

389

In certain earlier railroad grants, lands covered by, subsequently
cancelled pass to the roads,

390

To exclude land from a railroad must be subsisting at date of defi-
nite location of road and capable of being perfected,
Lands to which valid, have attached are not confirmed to California, 450
HOMESTEAD CLAIMANT.

Insanity of, prevents contest of entry for abandonment, &c.,
Who contracted to convey 20 acres of his land to another party is
not allowed to hold the land,
Where a, who was cited to "show cause why another party should
not enter his land" showed his homestead entry, evidence of
abandonment was not admissible under the notice,
When, and pre-emption claimants should make affidavits that their
claims were initiated prior to state application,

253

256

321

443

Filings and entries made subsequent to homestead declaration are
subject to rights of,

HOMESTEAD CONTESTS.

Rules governing, also govern timber-culture contests,

HOMESTEAD DECLARATIONS.

Proceedings in case an agent makes, for principal; principal bound
by selection which his agent may make,

Charge for receiving and filing initiatory, &c.,

PAGE.

655

186

187

Form of soldiers', .

Form of, to be used under soldiers' and sailors' homestead pro-
visions,

266

Soldiers', must be rejected when received by mail,

272

Filing of a, does not withdraw the land filed upon, &c.,

654

Beneficiaries under soldiers' and sailors' act, not required to file

but may make immediate entry,

186

Provision for parties who have filed, and failed to make entries
within six months from date of,

273

Can only be filed in case of original entry,

HOMESTEAD ENTRY, ADDITIONAL, SOLDIERS'.
Must not exceed with the original entry, 160 acres,

280

186

Requirements in case party's first entry has been consummated;
forms Nos. 16 and 17 must be followed: fee and commissions
same as in cases of original entry,

186

Papers to receive their proper numbers in the homestead series,
with a reference to original entry,

Proceedings in case the party has not made proof on his original
homestead, when he applies for additional land,

Form of application for, under section 2306, Revised Statutes.
Form of final certificate for,

HOMESTEAD ENTRY.

Second entry not permitted except where first entry is cancelled
for other reason than abandonment,

Entry of land contested not to be made until cancellation of prior
entry by General Land Office is received,
Proceedings in case of contest as to validity of, hearing to be held
by local officers, &c.,

Pre-emptor allowed to change his filing into a, upon
ditions,

Failure to make, of tract filed upon by soldier within six months
to be regarded as an abandonment, &c.,
Provision in case a party acted in good faith, but was prevented by
sickness or other good cause from breaking,

In cases of, of $2.50 lands by officers, soldiers and sailors under Sec-
tion 2304 Revised Stats., double the amount of commissions
named in table should be paid,

Table of fees, &c., to be paid on entries made in the Pacific and
other political divisions,

189

Land covered by an uncancelled prior, is not open to homestead
claimants,

A timber culture entry which has been cancelled for want of com-
pliance with law, &c., subjects the land to, &c.,

190

Parts of two quarter sections separated by a meandered stream can-
not be embraced in one,

Of a minor, not the head of a family, is void, ab initio,

A married woman is prima facie incompetent to make a, &c.,
Proceedings in case parties apply to relinquish,
Affidavit required in case party desires cancellation of,

Cancelled in part for conflict may embrace remainder; may be
amended to embrace contiguous tract,

For eighty acres double minimum should not be amended to em
brace 160 acres minimum upon the land ceasing to be double
minimum,

Relinquishment of a, in good faith does not prevent a second,
(opinion,)

Informant of abandonment of, acquires no rights thereby,

HOMESTEAD ENTRY, Continued.

PAGE.

In case time for completing title has expired, &c., thirty days will
be allowed parties to show why their, should not be cancelled, 244-45
Upon death of party making, patent should be issued to widow,
who may also commute,

May be commuted by any person entitled to prove up at proper
time,

Soldier' who has made, need not credit term of military service on
five years' residence,

Regulations to be observed in relinquishing, because of settlement,
&c., of other parties before those applying to relinquish,
Proceedings in case application is made for cancellation of,
Cancelled, how disposed of,

Application for cancellation of, in case of death of settlers; how
dealt with,

Second, not to be made of the land until notice of cancellation of,
covering same,

245

245

246

248

248

249

249

249

250

Of tracts abandoned cannot be allowed until notice of cancellation
has been received from the General Land Office, .
Claimants who have filed evidence of abandonment cannot make,
of tracts pending the report of cancellation,

250

250

Plaintiff has right to contest a, for abandonment or change of resi-
dence subsequent to date of former trials,

251

Of a claimant cannot be fraudulently cancelled by concubine to the
exclusion of the heirs, .

Of tract embraced in a prior cancelled entry may, on appeal, be
cancelled on proper showing,

253

Should be cancelled in case a party contracts to convey away part
of his claim,

253

256

263

Provision in case person has heretofore made, while in the mili-
tary or naval service, or before entering such service,
Immediately upon date of, under soldiers' and sailors' homestead
act, residence, &c., must begin,

Any person who has heretofore made, under soldiers' and sailors'
homestead act may make additional, of a contiguous tract, &c.,
Soldiers' and sailors', to be reinstated in case they have been can-
celled for absence during military or naval service, provided
land has not been disposed of, &c.,

263

263

263-64

Second, to be allowed in case land has been disposed of,
Proofs touching residence and cultivation to be applied to second,
Cancelled under soldiers' and sailors' homestead law-regulations
in reference to,

264

264

264

Failure to make, in required time by original claimants under sol-
diers' and sailors' homestead act, entails forfeiture of claims
and all right to benefits of the act,

264

Original claimants under soldiers' and sailors' homestead act after
filing declaration must make, of tracts on pain of forfeiture of
claim,

264

Original claimants under soldiers' and sailors' homestead pro-
visions may make immediate,

264

Six months allowed to make, &c., after filing claim under soldiers'
and sailors' homestead provisions,

264

Of cancelled tracts under soldiers' and sailors' homestead act will
not be allowed in any case without instructions from General
Land-Office,

265

Of additional land under soldiers' and sailors' homestead act will
take current date,

265

Cannot be made through guardians by certain class of orphan
children,

271

Of lands covered by unexpired homestead filings is subject to prior
right, &c., .

272

Provision for parties who having filed declaratory statements have
failed to make, within six months,

273

In case parties have failed to make from some insurmountable

HOMESTEAD ENTRY, Continued.

cause, will be held to have exhausted right to file D. S., but may
make direct, provided they make certain affidavit,
Under act of May 20, 1862 and acts amendatory, as modified, may
be made for one-quarter section, &c.,

PAGE.

273

273-74

In case of, initiated prior to act of April 4, 1872, a certified copy of
certificate of discharge will be required of homestead settler; if
this cannot be furnished then his affidavit of service, &c.,
Applicants for additional land under act of March 3, 1873, whose
first, has been consummated, will upon payment of fees, &c.,
receive final certificate and receipt,

276

278

Final proof on, may be made by Receiver, provided same was made
prior to his appointment,

280

Additional, may be made by soldier, sufficient to make 160
up
provided original entry was made prior to passage of act June 8,
1872, and as adjoining farm or,

acres,

282

Proof of, by Indians; what to consist of,

284

Commutation of, to cash not allowable under Indian act of March
1875,

285

On offered land should stand when prior pre-emption fails to make
proof and payment,

321

How regulated in reference to Ottawa and Chippewa lands,
And pre-emption entry; all sections, odd and even, are subject to,
under act of June 5, 1872,

709

720

A commuted, may be paid for by Military Bounty-Land Warrants, 731
The laws of June 26, 1856, relative to suspended entries, applies to,
and all similar cases,

754

HOMESTEAD FILINGS.

Lands covered by unexpired, may be filed upon under pre-emption
laws,

HOMESTEAD FINAL CERTIFICATE.

In case original and additional entries are made in different land
districts one, and receipt cannot be issued for both,

To be issued calling for both the tract in the original entry and
additional tract,

Lands in certain States not subject to disposal in any other manner
than according to provision of,

188

Lands obtained under, are exempt from liability for debts con-

Allows but one claim to any individual,

Does not prevent party having a claim from inheriting the in-
choate right of another or receiving same as representative,

HOMESTEAD PROOF.

Party must appear in person and make final, .

254

. 254

183

What to consist of,

185

Of actual settlement and cultivation of party commuting; what to
consist of; corroborated by witnesses,

185

Required in case of minor orphan children,

187

Evidence of death of father, what to consist of, in,

187

Required of beneficiaries by, in addition to prescribed affi-
davit,

187

I.

IMPROVEMENTS.

When, on coal lands shall have been made prior to June 4, 1873,
the declaratory statement must be filed within sixty days from

that date,

670

Selections by railroads for lands relinquished to settlers,
Form for application for, under act of June, 22, 1874,

St. Paul and Sioux City R. R. Co.'s right to its, lands attached when
its lines was located, not at date of Governor's certificate,
Rule in the Boyd case applies to, lands,
Regulations in regard to, proof required for swamp, under act
March 2, 1855,

PAGE.

340

343

384

394, 393

For swamp lands, selections for, located by warrant or scrip, how
made,

INDIANS.

Right of pre-emption restricted to certain class of,
Provisions for benefit of, under homestead law,

479

480

181

187

Course to be pursued by, in making entry under Indian homestead
provisions,

Homestead, form of corroborative affidavit to be used,

200

Homestead affidavit must be made in addition to regular home-
stead affidavit,

283

Right of certain, to enter public lands,

283

Are entitled, if they have dissolved all connection with their
tribes, &c.,

283

Not entitled' if in full relation with their tribes, &c., .

283

In entering homesteads must, in addition to regular homestead
affidavit, make affidavit according to Form A.,
Proof of abandonment and entry by, what to consist of,

283-84

284

Form of witnesses' affidavit corroborative of, homestead affi-
davit,

Instructions and rulings relative to, lands and scrip,.

700

Treaty with, tribe is entitled to as much consideration as with an
independent nation,

703

Assignment of Military Bounty-Land Warrant by,

729

INDIAN AGENT.

Certificate of proper, to be furnished by parties making homestead
entries of certain lands,

709

INDIAN LANDS.

In Bitterroot Valley, Montana, instructions relative to,
INDIVIDUALS.

done,

In Michigan; instructions relative to, under act March 3, 1875,
In Kansas; disposition of,

May enter any amount of coal land, not exceeding 160 acres, how

667

INFORMANT.

Of an abandonment of homestead entry acquires no rights
thereby,

250

Must if he desire the land, ascertain when notice of cancellation is
received and make formal application, &c., .

Filing of application and money by, before cancellation of entry
gives no preference,

250

250

INHABITANTS. (See Cities and Towns.)

Of cities and towns limited to one of two modes of entering town-
sites,

679

Provision in case, have commenced proceedings before passage of
act, March 2, 1867,

679

Apportionment of land for town-sites according to number of,
Less than 100, may make town-site entry,

680

682

When exceeding 100, may enter more land than is actually occu-
pied,

686

INSANITY.

Of homestead claimant prevents a contest of his entry for aban-
donment,.

Of pre-emption claimant will not forfeit land sold by a guardian,

313