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HOW TO SUBDIVIDE SECTIONS.

The course to be pursued in the subdivision of sections is to run straight lines from the established quarter-section corners-United States surveys to the opposite corresponding corners, and the point of intersection of lines so run will be the corner common to the several quarter-sections, or, in other words, the legal centre of the section.

In the subdivision of fractional sections where no opposite corresponding corners have been or can be fixed, the subdivision lines should be ascertained by running from the established corners due north, south, east, or west lines, as the case may be, to the water-course, Indian boundary line, or other external boundary of such fractional section.

The law presupposes the section lines surveyed and marked in the field by the United States deputy surveyors to be due north and south, or east and west lines, but in actual experience this is not always the case; hence, in order to carry out the spirit of the law, it will be necessary, in running subdivisional lines through fractional sections, to adopt mean courses where the section lines are not due lines, or to run the subdivision line parallel to the section line where there is no opposite section line.

Upon the lines closing on the north and west boundaries of a township, the quarter-section corners are established by the United States deputy-surveyors at precisely forty chains to the north or west of the last interior section corner, and the excess or deficiency in the measurement is thrown on the outer tier of lots, as per act of Congress approved May 10, 1800.

In this subdivision of quarter-sections, the quarter-section corners are to be placed at points equi-distant between the section and quarter-section corners and between the quarter corners and the common centre of the section, except on the last half mile of the lines closing on the north or west boundaries of a township, where they should be placed at twenty chains (original measurement) to the north or west of the quarter-section corner.

The subdivision lines of fractional quarter-sections should be run from points on the section lines, intermediate between the section and quarter-section corners, due north, south, east, or west to the lake, water-course, or reservation, which renders such tracts fractional.

When there are double sets of section corners on township and range lines, the quarter corners for the sections south and east of the lines are not established in the field by the United States surveyors, but in subdividing such sections said quarter corners should be so placed as to suit the calculations of the areas of the quarter-sections adjoining the township boundaries, as expressed upon the official plat, adopting a proportional measurement where the present measurement of the north or west boundaries of the section differs from the original measurement.

RE-ESTABLISHMENT OF LOST CORNERS.

The original corners, when they can be found, must stand as the true corners they were intended to represent, even though not exactly where strictly professional care might have placed them in the first instance.

Missing corners should be re-established in the identical localities they origi nally occupied. When the point cannot be determined by the existing landmarks in the field, resort must be had to the field-notes of the original surveys. The law provides that the lengths of the lines as stated in the field-notes shall be

considered as the true lengths thereof, and the distances between corners set down in the field-notes constitute proper data from which to determine the true locality of a missing corner; hence the rule that all such should be restored at distances proportionate to the original measurements between existing original corners. That is, if the measurement between two existing corners overruns or falls short of that stated in the field-notes, the excess or deficiency should be distributed proportionately among the intervening section lines between the said existing corners standing in their original places. Missing section corners in the interior of townships should be re-established at proportionate distances between the nearest existing original corners north and south of the missing corners. As has been observed, no existing original corner can be disturbed, and it will be plain that any excess or deficiency in measurements between existing corners cannot in any degree affect the distances beyond said existing corners. but must be added or subtracted proportionately to or from the intervals embraced between the corners which are still standing.

CHAPTER III.

HOMESTEADS.

I. Homesteads in General,

To the people of Europe, where the high price of real estate confers distinction upon its owner, it seems almost beyond belief that the United States should give away one hundred and sixty acres of land for nothing. Yet such is the fact; a compliance with the Homestead Law, and the payment of small fees and commissions to the local officers, secure title to a quarter-section of Government land. Laborers in other countries, who find it difficult to support their families, can here acquire wealth, social privileges, and political honors, by a few years of intelligent industry and patient frugality (1).

All in the Atlantic States, who are discouraged with the slow, tedious methods of reaching independence, will find rich rewards awaiting settlers on the public lands, who have talent and energy, while the unfortunate in business and they who are burdened with debt, can, in the West and South, start anew in the race of life, for the Homestead Law expressly declares that “no lands acquired under the provisions of this chapter (Homestead) shall in any event become liable to the satisfaction of any debt contracted prior to the issuing of the patent therefor." Citizens and those who have declared their intention to become citizens, who own no more than one hundred and sixty acres, may claim under the homestead laws, surveyed or unsurveyed lands, not mineral in character(2). This is conceded to the extent of one hundred and sixty acres.

a. APPLICATION AND ENTRY.

In connection with an application in the following form:

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I.

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of, do hereby apply to enter, under section 2289 of the Revised Statutes of the United States, the of section, in township—, of range, containing

-acres.

LAND OFFICE AT
(Date)

is-.

I, -, register of the land office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under section 2289 of the Revised Statutes of the United States, and that there is no prior, valid, adverse right to the same.

The party must present the following affidavit: See new form, p. 42.

of

LAND OFFICE AT
(Date)

Register.

18-. I, -, having filed my application, No. —, for an entry under Section 2289 of the Revised Statutes of the United States, do solemnly swear that [here state whether the applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such; or, if under

(1) The present Secretary of the Interior, who decides all questions coming before him from the General Land Office, is a native of Germany. The Commissioner of the General Land Office, next preceding the present one, was a native of England. The late General Shields, another Commissioner of the General Land Office, was a native of Ireland.-[This statement was made in February, 1880.]

(2) Mineral lands in Kansas, Missouri, Michigan, Minnesota, and Wisconsin, may be included in Homestead entries.

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twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war; that said application, No.-, is made for his or her exclusive benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not, directly, or indirectly, for the use or benefit of any other person or persons whomsoever], and that I have not heretofore had the benefit of the homestead laws.

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He must thereupon pay the legal fee and that part of the commissions which is payable when the entry is made, as given in the tables below.

For homestead entries on lands in Michigan, Wisconsin, Iowa, Missouri, Minnesota, Kansas, Nebraska, North Dakota, South Dakota, Alabama, Mississippi, Louisiana, Arkansas, and Florida, commissions and fees are to be paid according to the following table:

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In addition to the States above named, the same rates will apply to Ohio Indiana, and Illinois, if any vacant tracts can be found liable to entry in these three States, where but very few isolated tracts of public land remain undisposed of. All entries in these last named States are made at the General Land Office in Washington.

In the Pacific and other political divisions, viz: On lands in California, Nevada, Oregon, Colorado, New Mexico, and Washington, and in Arizona, Idaho, Utah, Wyoming, and Montana, the commissions and fees are to be paid according to the following table:

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Where the applicant has made actual settlement on the land he desires to enter, but is prevented by reason of bodily infirmity, distance, or other good cause, from personal attendance at the district land office, the affidavit may be made before the clerk of the court for the county within which the land is

situated. In this affidavit it must be shown that the party's family or some member thereof is residing upon the land, and that a bona fide settlement and improvement have been made thereon. The cause of the applicant's inability to be present at the land office must be satisfactorily shown.

ADJOINING FARM HOMESTEADS.

An applicant owning and residing on an original farm, may enter other land lying contiguous thereto, which shall not, with such farm, exceed in the aggregate 160 acres. Thus, for example, a party owning or occupying 80 acres may enter 80 additional, without regard to price, whether held at $1.25 or $2.50 per acre; or, if owning 40 acres, he may enter 120 acres additional of land held at $1.25 per acre, or of land held at $2.50 per acre, where 160 acres is now the maximum quantity of double minimum land subject to homestead entry, but cannot exceed the maximum of 80 acres where the land proposed to be entered is held at $2.50 per acre, and where 80 acres is still the legal maximum in reference to that class of lands.

In applying for an entry of this class, the party must make affidavit, as follows, describing the tract which he owns and upon which he resides as his original farm:

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of

I, -, having filled my application, No. for an entry under the provisions of the Act of Congress approved May 20, 1862, entitled, “An act to secure homesteads to actual settlers on the public domain," do solemnly swear that -, [here state whether the applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such, or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war;] that said entry is made for my own exclusive benefit, and not directly or indirectly for the benefit or use of any other person or persons whomsoever; neither have I heretofore perfected or abandoned an entry made under this act; that the land embraced in the said application No. is intended for an adjoining farm homestead; that I now own and reside upon an original farm containing - acres, and no more; that the same comprises the of section ship ——, range — and is contiguous to the tract this day applied for. Sworn to and subscribed this --day of

before

town

of the Land Office.

On compliance by the party with the foregoing requirements, relating to an original or adjoining farm homestead, the receiver will issue his receipt for the fee and that part of the commissions paid, as follows, a duplicate of which he will deliver to the party:

RECEIVER'S RECEIPT, NO.

APPLICATION NO..

HOMESTEAD.

Received from

of

county,

RECEIVERS OFFICE,
(Date)

-, the sum of -dollars and being the amount of fee and compensation of register and receiver for the entry of section in township of range, under section United States.

18-.

cents

Revised Statutes of the

Receiver.

Settlers Within Railroad Limits.

Any person who has under existing laws taken a homestead on any even section within the limits of any railroad or military road land grant and who by existing laws shall have been restricted to 80 acres, may enter under the homestead laws an additional 80 acres adjoining the land embraced in his

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