HOMESTEAD AFFIDAVIT, Continued. PAGE. 264 264-65 What to consist of in case of parties claiming under soldiers' and 266 In original homesteads, must be taken before clerk of county court 267 273 What to consist of, when made by parties who make direct home- In default of, a forfeiture of all rights will follow, 273 If rendered invalid in consequence of a clerical error should not 274-75 Testimony in addition to final required of certain class of home-" Handed to receiver after office hours, without fee is not legal, For one-quarter section under act of May 20, 1862, must be filed Preparation of, for transmission to the General Land-Office, 266 274 769 Agricultural college scrip may be received in payment for, com- 181 184 Of widows and minor orphan children may be initiated by decla- 186 To land covered by an uncancelled prior homestead entry is not 226 But one, allowed to each individual; exception, 254 Any person entitled to benefits of soldiers' and sailors' homestead 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 389 Proceedings to contest, within railroad grants, 389 In certain earlier railroad grants, lands covered by, subsequently 390 To exclude land from a railroad must be subsisting at date of defi- Insanity of, prevents contest of entry for abandonment, &c., 253 256 321 443 Filings and entries made subsequent to homestead declaration are HOMESTEAD CONTESTS. Rules governing, also govern timber-culture contests, HOMESTEAD DECLARATIONS. Proceedings in case an agent makes, for principal; principal bound 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- 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 273 Can only be filed in case of original entry, HOMESTEAD ENTRY, ADDITIONAL, SOLDIERS'. 280 186 Requirements in case party's first entry has been consummated; 186 Papers to receive their proper numbers in the homestead series, Proceedings in case the party has not made proof on his original Form of application for, under section 2306, Revised Statutes. HOMESTEAD ENTRY. Second entry not permitted except where first entry is cancelled Entry of land contested not to be made until cancellation of prior Pre-emptor allowed to change his filing into a, upon Failure to make, of tract filed upon by soldier within six months In cases of, of $2.50 lands by officers, soldiers and sailors under Sec- Table of fees, &c., to be paid on entries made in the Pacific and 189 Land covered by an uncancelled prior, is not open to homestead A timber culture entry which has been cancelled for want of com- 190 Parts of two quarter sections separated by a meandered stream can- Of a minor, not the head of a family, is void, ab initio, A married woman is prima facie incompetent to make a, &c., Cancelled in part for conflict may embrace remainder; may be For eighty acres double minimum should not be amended to em Relinquishment of a, in good faith does not prevent a second, Informant of abandonment of, acquires no rights thereby, HOMESTEAD ENTRY, Continued. PAGE. In case time for completing title has expired, &c., thirty days will May be commuted by any person entitled to prove up at proper Soldier' who has made, need not credit term of military service on Regulations to be observed in relinquishing, because of settlement, Application for cancellation of, in case of death of settlers; how Second, not to be made of the land until notice of cancellation of, 245 245 246 248 248 249 249 249 250 Of tracts abandoned cannot be allowed until notice of cancellation 250 250 Plaintiff has right to contest a, for abandonment or change of resi- 251 Of a claimant cannot be fraudulently cancelled by concubine to the Of tract embraced in a prior cancelled entry may, on appeal, be 253 Should be cancelled in case a party contracts to convey away part 253 256 263 Provision in case person has heretofore made, while in the mili- Any person who has heretofore made, under soldiers' and sailors' 263 263 263-64 Second, to be allowed in case land has been disposed of, 264 264 264 Failure to make, in required time by original claimants under sol- 264 Original claimants under soldiers' and sailors' homestead act after 264 Original claimants under soldiers' and sailors' homestead pro- 264 Six months allowed to make, &c., after filing claim under soldiers' 264 Of cancelled tracts under soldiers' and sailors' homestead act will 265 Of additional land under soldiers' and sailors' homestead act will 265 Cannot be made through guardians by certain class of orphan 271 Of lands covered by unexpired homestead filings is subject to prior 272 Provision for parties who having filed declaratory statements have 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 PAGE. 273 273-74 In case of, initiated prior to act of April 4, 1872, a certified copy of 276 278 Final proof on, may be made by Receiver, provided same was made 280 Additional, may be made by soldier, sufficient to make 160 acres, 282 Proof of, by Indians; what to consist of, 284 Commutation of, to cash not allowable under Indian act of March 285 On offered land should stand when prior pre-emption fails to make 321 How regulated in reference to Ottawa and Chippewa lands, 709 720 A commuted, may be paid for by Military Bounty-Land Warrants, 731 754 HOMESTEAD FILINGS. Lands covered by unexpired, may be filed upon under pre-emption HOMESTEAD FINAL CERTIFICATE. In case original and additional entries are made in different land To be issued calling for both the tract in the original entry and Lands in certain States not subject to disposal in any other manner 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- 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 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- 187 I. IMPROVEMENTS. When, on coal lands shall have been made prior to June 4, 1873, that date, 670 Selections by railroads for lands relinquished to settlers, St. Paul and Sioux City R. R. Co.'s right to its, lands attached when PAGE. 340 343 384 394, 393 For swamp lands, selections for, located by warrant or scrip, how INDIANS. Right of pre-emption restricted to certain class of, 479 480 181 187 Course to be pursued by, in making entry under Indian homestead Homestead, form of corroborative affidavit to be used, 200 Homestead affidavit must be made in addition to regular home- 283 Right of certain, to enter public lands, 283 Are entitled, if they have dissolved all connection with their 283 Not entitled' if in full relation with their tribes, &c., . 283 In entering homesteads must, in addition to regular homestead 283-84 284 Form of witnesses' affidavit corroborative of, homestead affi- Instructions and rulings relative to, lands and scrip,. 700 Treaty with, tribe is entitled to as much consideration as with an 703 Assignment of Military Bounty-Land Warrant by, 729 INDIAN AGENT. Certificate of proper, to be furnished by parties making homestead 709 INDIAN LANDS. In Bitterroot Valley, Montana, instructions relative to, done, In Michigan; instructions relative to, under act March 3, 1875, May enter any amount of coal land, not exceeding 160 acres, how 667 INFORMANT. Of an abandonment of homestead entry acquires no rights 250 Must if he desire the land, ascertain when notice of cancellation is Filing of application and money by, before cancellation of entry 250 250 INHABITANTS. (See Cities and Towns.) Of cities and towns limited to one of two modes of entering town- 679 Provision in case, have commenced proceedings before passage of 679 Apportionment of land for town-sites according to number of, 680 682 When exceeding 100, may enter more land than is actually occu- 686 INSANITY. Of homestead claimant prevents a contest of his entry for aban- Of pre-emption claimant will not forfeit land sold by a guardian, 313 |