quarter section, or one hundred and sixty acres, of land held at the double minimum price of $2.50 per acre, instead of one-half quarter section, or eighty acres, as heretofore. In case of a party desiring to avail himself thereof, you will require him to file the usual homestead application for the tract desired, if legally liable to entry, to make affidavit according to the form hereto annexed, instead of the usual homestead affidavit, and on his doing so, allow him to make payment of the $10 fee stipulated in the Act of 20th May, 1862, and the usual commissions on the price of the land at $2.50 per acre, the entry to be regularly numbered and reported to this office in your monthly homestead returns. (The privileges conferred by this act cannot be assigned, nor is the benefit of entry under it available for widows or heirs of deceased soldiers.-Reissue of this circular, March 6, 1871.) Regarding settlement and cultivation, the requirements of the law in this class of entries are the same as in other homestead entries. I of having filed my application No. for an entry under the provisions of the Act of Congress approved May 20, 1862, and desiring to avail myself of the 25th section of the Act of July 15, 1870, in regard to land held at the double mini. mum price of $2.50 per acre, do solemnly swear that I am the identical who was a in the company* commanded by capregiment of in the com tain manded by in the war of 1861, that I continued in actual service for ninety days, and have remained loyal to the government; that said application No. is made for my exclusive benefit, and for the purpose of actual settlement and cultivation, and not directly or indirectly for the use or benefit of any other person or persons, and that I have not heretofore had the benefit of the Homestead Law. SWORN to and subscribed before me this day of Approved: (Register or Receiver of the Land-Office.) DEPARTMENT OF THE INTERIOR, August 8, 1870. No. 329. (Signed,) J. D. COX, Secretary. WATSON v. WHEELER. Watson transmitted to the local officers his soldier's homestead application. The affidavit lacked the seal of the county clerk. It was re *Where the party was a regimental or staff officer, or was in a different branch of the service, the affidavit must be varied in form according to the facts of the case. entry of the land. turned for correction and before its return Wheeler made homestead Held: That the omission of the seal was a clerical error which should be corrected without prejudice and that Watson was entitled to the land. Decision by the Secretary, January 31, 1872. No. 330. CIRCULAR. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., July 15, 1872. TO REGISTERS AND RECEIVERS OF UNITED STATES LAND OFFICES. GENTLEMEN :-One class of cases arising under the act of June 8 1872, I have deemed it advisable to reserve for special instructions. The first section of the said act provides that every soldier, sailor, or marine who has served in the Army, Navy, or Marine Corps of the United States, during the rebellion, for ninety days, and who was honorably discharged and has remained loyal to the Government, shall, on compliance with the provisions of the act of May 20, 1862, "and the acts amendatory thereof, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands (not mineral) not exceeding 160 acres," etc.: Provided, That the time which the homestead settlers shall have served in the Army, Navy, or Marine Corps aforesaid, shall be deducted from the time heretofore required to perfect title; or if discharged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served: Provided, however, That no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his said homestead for a period of at least one year after he shall commence his improvements as aforesaid.” Under the foregoing provisions, settlers upon homesteads not yet perfected, which were entered under the act of May 20, 1862, or the acts amendatory thereof of prior date to April 4, 1872, will be required to show a strict compliance with the said acts prior to April 4, 1872, to entitle them to the benefit of the modifications of the act of that date, as amended by the act of June 8, ultimo. The proof in such cases must show that the settler made a bona fide settlement upon his tract within six months from date of entry; that he has not actually changed his residence, or abandoned the said tract. for more than six months at any time, and that he has improved, cultivated, etc., the same in conformity with the provisions of the said acts. The modifications of prior acts, as provided in the act of June 8, ultimo, cannot be construed to cure any failure on the part of this class of settlers to comply with the provisions of the said prior acts. In all cases of this class you will require, in addition to the final affidavit of the homestead party, that he shall swear that he served for ninety days in the United States service, giving name and number of regiment, when mustered into the service, and when honorably discharged; also that he has since borne true allegiance to the Govern ment. In many cases the settlers will have completed, lacking a few months, the five years' settlement and cultivation "heretofore required to perfect title." To such the only benefit that can accrue under the provisions of the act of June 8, ultimo, will be a deduction of the said few months, and the immediate issue of a final certificate, on proof of being made as hereinbefore required. WILLIS DRUMMOND, Commissioner. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., February 3, 1873. TO REGISTERS AND RECEIVERS OF U. S. LAND OFFICES: GENTLEMEN:-In cases of homestead entry initiated under the provisions of acts of Congress prior to that of April 4, 1872, (now known in its amended form as approved June 8, 1872,) you will require, in addition to the final affidavit of the homestead settler, a certified copy of his certificate of discharge from the United States service; or, if this cannot be furnished, the affidavit of the said settler that he served for ninety days in the United States service during the war of the rebellion -giving the number and State of his regiment, the date on which he was mustered into the service, and that on which he was honorably discharged therefrom; also, that he has since borne true allegiance to the Government. To this affidavit you will require the corroborative testimony of two respectable witnesses. My circular of July 15, 1872, is hereby modified to the above extent. WILLIS DRUMMOND, Commissioner. DEPARTMENT OF THE INTERIOR, GENTLEMEN :-Where persons entitled to the privilege shall apply to enter additional land by virtue of the 2d section of the Act of June 8, 1872, you will, in case the party had previously made final proof upon his original homestead entry, issue to the applicant, upon the proper proof of military service, a final certificate of the current number and date, referring thereon to the number of the original entry and the previous final certificate. In case the party has not made proof on his original homestead entry when he applies for additional land, you will allow him to make the additional entry, and forward the application and other papers, giving them the current number of homestead entries, referring thereon to the original entry; then, when the party makes proof on the original entry, you will issue one final certificate embracing the tracts in both entries, referring thereon to the additional as well as the original entry, so that one patent may issue for the lands in both entries. Very respectfully, WILLIS DRUMMOND, Commissioner. Held-That he may enter 80 acres contiguous under 2d section of act of June 8, 1872, and case sent to the land office to ascertain certain facts. DEPARTMENT OF THE INTERIOR, Washington, D. C., Dec. 5, 1872. SIR-I have examined the application of N. H. Hefner to amend his homestead entry, No. 4742, so as to include eighty acres of section 7, T. 3, R. 4, E., Beatrice, Nebraska, in addition to eighty acres of section 2, included in his original entry, on appeal from your adverse decision of July 15th, 1872. I should affirm your decision on the ground that a homestead right, which is single and indivisible, is initiated at the time of entry, takes effect only upon lands subject to homestead appropriation and actually entered by the claimant at that date, and that the quantity cannot be thereafter augmented, if it were not that the claimant appears, prima facie, to be entitled to enter the tract claimed under the second section of the act of June 8th, 1872 The only objection appearing from the papers in the case, alleged in argument not reported by you, is that the land claimed, subsequently to the rejection of Hefner's second application, was entered as a homestead by one James E. Pheasant. If you shall find upon a re-examination of all the facts in the case, in connection with the records of your office, that Hefner is qualified to claim, under the act of 1872, (as appears prima facie from his affidavits) and that the subsequent entry of Pheasant was made pendante lite then the application of Hefner should be allowed under the act of 1872, If you find otherwise, then his application should be rejected on the ground stated. I herewith return the papers transmitted with your letter of the 4th ultimo, for a disposition of the case by you in the manner above specified. Very respectfully, your obedient servant, B. R. COWEN, Acting Secretary. HON. WILLIS DRUMMOND, Commissioner General Land-Office. No. 334. CIRCULAR. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE. Washington, D. C., March 28, 1873. REGISTERS AND RECEIVERS of U. S. Land-Offices. GENTLEMEN:-I have to call your attention to the following act of Congress, approved March 3, 1873, amendatory of the act of June 8, 1872. [Part II., No. 93.] It will be perceived that the above act merely abrogates that provi sion of the act of June 8, 1872, which required the tract or tracts embraced in an entry of additional land to be contiguous to the original homestead. Hereafter, therefore, you will permit entries of this class, by duly qualified applicants, under the following regulations, upon any public lands in your district subject to Pre-emption and Homestead entry: Where persons entitled to the privilege shall apply to enter additional land by virtue of the 2d section of the act of June 8, 1872, or the amendatory act of March 3, 1873, you will, in case the party had previously made final proof upon his original homestead entry, issue to the applicant, upon the proper proof of military service, a final certificate of the current number and date, referring thereon to the number of the original entry and the previous final certificate. In case the party has not made proof on his original homestead entry when he applies for additional and, you will allow him to make the additional entry, and forward the application and other papers, giving them the current number of homestead entries, referring thereon to the original entry; then, when the party makes proof on the original entry, you will issue one final certificate embracing the tracts in both entries, referring thereon to the additional as well as the original entry, so that one patent may issue for the lands in both entries. WILLIS DRUMMOND, Commissioner. No. 335. CIRCULAR. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., November 3, 1873. GENTLEMEN :-Referring to my letter of the 26th of August last, relative to applications to enter additional land under the provisions of the Act of June 8, 1872, as amended by the Act of March 3, 1873, I have to direct First. That when the applicant's first entry has been consummated, you will send up, as in ordinary cases, an application, affidavit, and receipt, (bearing the proper number of your homestead series,) together with the requisite proof of the party's military service, charging the same fee and commissions as in cases of original entry. At the same time, on payment of the usual final commissions, you will issue final certificate and receipt, covering the additional tract and bearing the proper number of your final homestead series, as also a reference to the original entry and previous final certificate, by number, and also by district, where the party's first entry shall have been made in another district. Second. In case the party has not made proof on his original homestead entry when he applies for additional land, you will allow him to make the additional entry on proper proof of military service and payment of the usual fee and commissions, and forward the application and other papers, giving them the current number of homestead entries, referring thereon to the original entry; then, when the party makes proof on the original entry, you will issue one final certificate and receipt embracing the tracts in both entries, referring thereon to the additional |