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When rights in. SEC. 217. In case of the death of both father and mother, ure to the benefit , of infant children leaving an infant child or children under twenty-one years
of age, the right and fee shall inure to the benefit of such infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children, for the time being, have their domicile, sell the land for the benefit of such infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States on the payment of the office fees and sum of money above specified.
14 Stat. 67 ; R. S. 2292. Fuller v. Hunt, S. C. Iowa, 1877; Railway Co. ú. Gordon, S. C. Mich. 1879. Decisions Sec. Int., April 9, 1877 (4 Copp's. L. 0. 19); Nov. 6, 1878 (5 id. 165). Decisions Com. G. L. 0., Aug. 6, 1875 (2 Copp's L. 0. 99); Aug. 12, 1875 (2 id. 99); Oct. 18, 1876 (3 id. 114); May 2, 1877 (4 id. 57); Dec. 8, 1877; Feb. 4, 1879 (5 Copp's L. O, 179); Jan. 24, 1880 (6 id. 180). Cir. G. L. O., Oct. 30, 1862 (Zab. L. L. 147, 151). General Cir., Sept.
1, 1879, p. 13. · Homestead en. SEC. 218. In all cases in which parties who regularly tries of insane
me initiated claims to public lands as settlers thereon acpersons confirm. 14 od in certain cording to the provisions of the homestead laws, have be
come insane or shall hereafter become insane before the
L. 0. 19); Nov. 14, 1878 (5 id. 165). Cir. G. L.O., July 17, 1880
(7 Copp's L. O. 89). Persons in mil. SEC. 219. In case of any person desirous of availing himitary, or pa val self of the benefits of this chapter ; but who, by reason of service, when and before whom to actual service in the military or naval service of the United make affidavit. States, is unable to do the personal preliminary acts at the
district land office which the preceding sections require; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a bonafide improvement and settlement have been made, such person may make the affidavit required by law before the officer commanding in the branch of the service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing,
provided the application and affidavit are accompanied by the fee and commissions as required by law.
13 Stat. 35; R. S. 2293. Decisions Sec. Int., April, 3, 1879 (6 Copp's
L. 0.50). Decisions Com. G. L. O., Nov. 6, 1875 (2 Copp's L. O.
1869 (Copp's L. L. 248). SEC. 220. In any case in which the applicant for the bene. When persons fit of the homestead, and whose family, or some member Wait before clerk thereof, is residing on the land which he desires to enter, of court. and upon which a bona-fide improvement and settlement have been made, is prevented, by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land office, it may be lawful for him to make the affidavit required by law before the clerk of the court for the county in which the applicant is an actual resident, and to transmit the same, with the fee and commissions, to the register and receiver.
13 Stat. 35; 18 id. 192; R. S. 2294. Decisions Com. G. L. O., March 31, 1874 (1 Copp's L. O. 19); May 7, 1874 (1 id. 139). Cir. G. L. O. (Zab. L. L. 151); April 18, 1864 (id. 155); Sept. 14, 1868 (id. 153); April 21, 1870 (Copp's L. L. 226); April 4, 1877 (4 Copp's L. Ó. 23); May 18, 1877 (4 id. 51); - , 1878 (5 id. 118). General Cir.,
Sept. 1, 1879, p. 11.' SEC. 221. The register of the land office shall note all Record of aan applications under the provisions of this chapter, on the Pac tract-books and plats of his office, and keep a register of all such entries, and make return thereof to the General Land Office, together with the proof upon which they have been founded.
12 Stat. 393; R. S. 2295. Decisions Sec. Int., June 20, 1871 (1
Copp's L. Ó. 114); Sept. 16, 1874. Decision Com. G. L. O., July
Cir., Sept. 1, 1879, p. 11. SEC. 222. No lands acquired under the provisions of this Homestead chapter shall in any event become liable to the satisfaction subject to prior of any debt contracted prior to the issuing of the patent debts. therefor.
12 Stat. 393; R. S. 2296. Seymour v. Saunders, 4 Dillon, C. C. 437.
Russell v. Lowth, 21 Minn. 167 ; Cheeny v. White, 5 Neb. 261;
147, 151). General Cir., Sept. 1, 1879, p. 21. SEC. 223. If, at any time after the filing of the affidavit, When lands en.
tered for home. as required in section two hundred and thirteen, and stead revert to before the expiration of the five years mentioned in sec. Government. tion two hundred and sixteen, it is proved, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit has actually changed his residence, or abandoned the land for more than six months at any time, then and in that event the land so entered shall revert to the Government.
12 Stat. 393; 18 id. 294 ; 19 id. 36; R. S. 2297. Decisions Sec. Int., Oct. 16, 1870;. April 18, 1871 (Copp's L. L. 254); April 28, 1871 (1 Copp's L. O. 36); June 2, 1871 (Copp's L.L. 234); June 11, 1871
(id. 236); June 20, 1871 (1 Copp's L. 0. 114); Aug. 14, 1872 Copp's L. L. 253); Oct. 23, 1872 (id. 254); Dec. 10, 1872 (id258); Dec. 9, 1874 (1 Copp's L. 0. 148); Dec. 11, 1874 (1 id. 148); Feb. 3, 1875; Aug. 5, 1875 (2 Copp's L. O.83); Nov. 27, 1875 (2 id. 133); Dec. 4, 1875 (1 id. 131); April 11, 1876 (3 id. 19); May 8, 1876 (3 id. 21); Jan. 15, 1877 (3 id. 164); May 14, 1878. Decisions Com. G. L. O., Dec. 18, 1867 (Zab. L. L. 162); May 23, 1868 (id. 166); Aug. 6, 1868 (id. 167); July 11, 1871; March 11, 1874 (1 Copp's L. 0. 19); April 15, 1874 (1 id. 20); July 25, 1874 (1 id. 92); Dec. 15, 1874 (Copp's L. L. 251); March 27, 1875 (2 Copp's L. O. 34); Dec. 8, 1875 (2 id. 148); Feb. 7, 1876 (3 id. 3); April 13, 1876 (3 id. 19 ); Oct. 18, 1876 (3 id. 142); May 28, 1877 (4 id. 51); July 6, 1877 (4 id. 168); Jan. 19, 1878 (6 id. 125); Nov. 1, 1878 (5'id. 147); June 7, 1879 (6 id. 153). Cir. G. L. 0., Oct. 30, 1862 (Zab. L. L. 147, 151); Sept. 14, 1868 (id. 158); June 25, 1869 (Copp's L. L. 248); Aug. 15, 1872 (1 Copp's L. 0. 28); Nov. 15, 1873 (Copp's L. L. 250); July 9, 1874 (id. 259); Jan. 5, 1875 (id. 261), Jan. 8, 1878 (4 Copp's L. 0. 167). Gen
eral Cir., Sept. 1, 1879, p. 14. Rule 27, G. L. 0. Rep. 1877, p. 101. Publication of SEC. 224. The notices of contest provided by law, under notice of contest in homentead the homestead laws, shall be printed in some newspaper cases.
printed in the county where the land in contest lies; and if no newspaper be printed in such county, then in the newspaper printed in the county nearest to such land.
20 Stat. 91. Cir. G. L. O., June 12, 1878 (5 Copp's L. 0. 101). Gen
eral Cir., Sept. 1, 1879, p. 14. Notice of inten- SEC. 225. Before final proof shall be submitted by any tion to make final proof.
person claiming to enter agricultural lands under the laws providing for homestead entries, such person shall file with the register of the proper land office a notice of his or her intention to make such proof, stating therein the description of lands to be entered, and the names of the witnesses by whom the necessary facts will be established.
20 Stat. 472. Decisions Com. G. L. O., Aug. 1, 1879 (6 Copp's L. O.
93). Cir. G. L. O., April 15, 1879 (6 Copp's L. O. 45); Jan. 17,
1880 (6 id. 191). General Cir., Sept. 1, 1879, p. 12. Publication of SEC. 226. Upon the filing of the notice required by the notice of entry preceding section, the register shall publish a notice that
such application has been made, once a week for the period of thirty days, in a newspaper to be by him designated as published nearest to such land, and he shall also post such notice in some conspicuous place in his office for the same period. Such notice shall contain the names of the witnesses as stated in the application. At the expiration of said period of thirty days, the claimant shall be entitled to make proof in the manner provided by law. The Secretary of the Interior shall make all necessary rules for giving effect to the foregoing provisions.
20 Stat. 472. General Cir. G. L. O., Sept. 1, 1879, p. 12. Lands covered SEC. 227. When a homestead claimant shall file a written by relinquished homestead claims relinquishment of his claim in the local land office, the land sabject to entry covered by such claim shall be held open to settlement and at once.
entry without further action on the part of the Commissioner of the General Land Office.
21 Stat. 140. Decisions Sec. Int., June 20, 1871 (1 Copp's L.
0. 114); Nov. 6, 1878 (5 id. 165); Sept. 27, 1879 (6 id. 107); June 22, 1880 (7 id. 66). Decisions Com. G. L. ., July 11, 1871; March 27, 1875 (2 Copp's L. 0. 34); Aug. 6, 1875 (2 id. 99); Aug. 12, 1875 (2 id. 99); Oct. 18, 1876 (3 id. 114); May 28, 1877 (4 id. 57); Dec. 8, 1877. Cir. G. L. O., June 25, 1869 (Copp's L. L. 248);
April 26, 1870 (id. 250); June 5, 1872 (id. 239); Jan. 8, 1878 (4 Copp's
p. 14. SEC. 228. In all cases where any person has contested, . Party contestpaid the land office fees, and procured the cancellation of trs to be allowed
ning homestead en. any homestead entry, he shall be notified by the register of thirty days after
notice of cancel. the land office of the district in which such land is situated lation to make of such cancellation, and shall be allowed thirty days from entry. date of such notice to enter such lands; and the register shall be entitled to a fee of one dollar for giving such notice, to be paid by the contestant, and not to be reported.
21 Stat. 140, 141. Decision Sec. Int., June 20, 1871 (1 Copp's
L. 0. 114). Decisions Com. G. L. O., July 11, 1871; March 27,
1879, p. 14. SEC. 229. No person shall be permitted to acquire title to Limitation of
amount entered more than one quarter-section under the provisions of this for homestead. chapter.
12 Stat. 393; R. S. 2298. Decisions Sec. Int., May 19, 1874; Feb.
(l'id. 179); April 4, 1876 (3 id. 21); Sept. 4, 1878. Decisions
151). General Cir. Sept. 1, 1879, p. 15. SEC. 230. Nothing contained in this chapter shall be so Existing proconstrued as to impair or interfere in any manner with ex- not impaired. isting pre-emption rights; and all persons who may have filed their applications for a pre-emption right prior to the twentieth day of May, eighteen hundred and sixty-two, shall be entitled to all the privileges of this chapter.
12 Stat. 393; R. S. 2299. Decisions Sec. Int., June 19, 1872; Aug. 3,
1876 (3 Copp’s L. 0. 122); Sept. 16, 1879' (6 id. 108). Decisions
Cir. G. L. 0. (Zab. L. L. 151). SEC. 231. No person who has served, or may hereafter What minors serve, for a period not less than fourteen days in the Army may have the
Y privileges of this or Navy of the United States, either regular or volunteer, chapter. under the laws thereof, during the existence of any actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years.
12 Stat, 393; R. S. 2300. Decisions Com. G. L. O., June 23, 1870
(7 Copp's L. 0. 25); Sept. 26, 1874 (1 id.99). SEC. 232. Nothing in this chapter shall be so construed Payment beforo
expiration of fivo as to prevent any person who has availed himself of the year benefits of section two hundred and twelve, from paying applicant. the minimum price for the quantity of land so entered, at any time before the expiration of the five years, and obtaining a patent therefor from the Government, as in other cases directed by law, on making proof of settlement and cultivation as provided by law, granting pre-emption rights.
12 Stat. 393; R. S. 2301. Perry v. Ashby, 5 Neb. 291. Decisions Sec.
Int., Nov. 3. 1871 | Con's 9451. 05: 123 on .
245); Aug. 25, 1875 (2 Copp's L. 0.
years; rights of homesteads.
1874 (Copp's L. L. 229); April 19, 1874 (1 Copp's L. 0.84); May 15, 1874 (1 id. 35); July 15, 1876 (3 id. 70); Jan. 12, 1871 (4 id. 107); - (6 id. 153). Ćir. G. L. O., Oct. 30, 1862' (Zab. L. L.
147, 151). General Cir., Sept. 1, 1879, p. 15. No distinction SEC. 233. No distinction shall be made in the construcon account ofraco tion
aco tion or execution of this chapter, on account of race or color; or color, &c.
nor shall any mineral lands be liable to entry and settlement under its provisions.
14 Stat. 67 ; R. S. 2302. What lands dis- SEC. 234. [All the public lands in the States of Alabama, posed of only as vicceinni Lourieinna
as Mississippi, Louisiana, Arkansas, and Florida, shall be dis
posed of in no other manner than according to the terms and stipulations contained in the preceding provisions of this chap
ter.-R. S. 2303.] Disposition of Section two thousand three hundred and three of the Relands in certain vised Statutes of the United States, confining the disposal States.
of the public lands in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida to the provisions of the homestead law is hereby repealed: Provided, That the repeal of said section shall not have the effect to impair the right, complete or inchoate, of any homestead settler, and no land occupied by such settler at the time this act shall take effect, shall be subject to entry, pre-emption, or sale: And provided, That the public lands affected by this section, shall be offered at public sale, as soon as practicable from time to time, and according to the provisions of existing law, and shall not be subject to private entry until they are so offered.
14 Stat. 67 ; 19 id. 73, 377; R. S. 2303. Decisions Com. G. L.O., June
12, 1877 ( 4 Copp's L. 0. 50). Cir. G.L. O., July 19, 1876 (3 Copp's
L. 0. 115). Soldiers' and SEC. 235. Every private soldier and officer who has served sailors' home steads. come in the Army of the United States during the recent rebellion,
for ninety days, and who was honorably discharged, and has remained loyal to the Government, including the troops mustered into the service of the United States by virtue of the third section of an act approved February thirteen, eighteen hundred and sixty-two, and every seaman, marine, and officer who has served in the Navy of the United States, or in the Marine Corps, 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 this chapter, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands not, exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work, not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States; but such homestead settler shall be allowed six months after locating his homestead, and filing his declaratory statement, within which to make his entry and commence his settlement and improvement.
17 Stat. 333; R. S. 2304. Decisions Sec. Int., Aug. 25, 1874 (1 Copp's
L. 0. 99); Sept. 23, 1874 (1 id. 99); April 6, 1876; May 21, 1876 (3