field v. Register and Receiver, 1 Woolw. C. C. 299. Oaks v. Heaton, 44 Iowa, 116. Decisions Sec. Int., March 3, 1874; Sept. 16, 1874; Oct. 20, 1874 (1 Copp's L. O. 149); Jan. 12, 1876 (2′ id. 162); Jan. 5, 1877 (1 id. 64); Jan. 23, 1880. Decisions Com. G. L. O., May 8, 1871 (Copp's L. L. 228); May 7, 1874 (1 Copp's L. 0.139); Sept. 29, 1874; Oct. 28, 1874; Feb. 20, 1875 (1 Copp's L. O. 180); April 13, 1876 (3 id. 19); March 23, 1877 (6 id. 137); Dec. 2, 1878 (5 id. 147); June 23, 1879 (6 id. 51); Sept. 12, 1879. Cir. G. L. O., Oct. 30, 1862 (Zab. L. L. 147, 151); April 18, 1864 (id. 155); Feb. 28, 1868 (id. 164); May 15, 1868 (id. 165); June 15, 1872 (Copp's L. L. 239); May 18, 1877 (4 Copp's L. O. 51); Jan 8, 1878 (4 id. 167); 1878 (5 id. 118); May 24, 1879 (6 id. 60). General Cir., Sept. 1, 1879, pp. 11, 20. Rule 26, G. L. Ò. Rep. 1877, p. 101. SEC. 214. Any person who has made a settlement on the homestead entry. public lands under the pre-emption laws, and has subsequent to such settlement changed his filing in pursuance of law to that for a homestead entry upon the same tract of land, shall be entitled, subject to all the provisions of law relating to homesteads, to have the time required to perfect his title under the homestead laws computed from the date of his original settlement heretofore made, or hereafter to be made, under the pre-emption laws.

Pre-emption filling changed to

Homestead set

tlers allowed

application for lands.

19 Stat. 404; 20 id. 63. Decisions Sec. Int., June 20, 1871 (1 Copp's L. O. 103); June 19, 1872; Aug. 3, 1876 (3 Copp's L. O. 122); Sept. 16, 1879 (6 id. 103); Sept. 27, 1879 (6 id. 107). Decisions Com. G. L. O., May 21, 1877 (4 Copp's L. 0.51); Oct. 18, 1878 (5 id. 164). Cir. G. L. O., April 4, 1877 (4 Copp's L. O. 23); March 21, 1878 (5 id. 27). General Cir., Sept. 1, 1879, p. 15. Rules 24 and 27, G. L. O. Rep. 1877, p. 101.

SEC. 215. Any settler who has settled, or who shall heresame time as pre- after settle, on any of the public lands of the United States, emptors to file whether surveyed or unsurveyed, with the intention of claiming the same under the homestead laws, shall be allowed the same time to file his homestead application and perfect his original entry in the United States land office as is now allowed to settlers under the pre-emption laws to put their claims on record, and his right shall relate back to the date of settlement, the same as if he settled under the pre-emption laws.

Certificate and patent, when

21 Stat. 140, 141. Decisions Sec. Int., April 29, 1876 (3 Copp's L. O. 114); Aug. 3, 1876 (3 id. 122); Sept. 27, 1879 (6 id. 107). Decisions Com. G. L. O., May 7, 1874 (1 Copp's L. O. 139); Oct. 18, 1878 (5 id. 164). Cir. G. L. O., May 25, 1880 (7 Copp's L. O. 52). SEC. 216. No certificate, however, shall be given, or pat giver and isened. ent issued therefor, until the expiration of five years from the date of such entry; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry; or if he be dead, his widow; or in case of her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alienated, except as provided in section two hundred and ten, and that he, she, or they will bear true allegiance to the Government of the United States; then, in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided

by law. The proof of residence, occupation, or cultivation,, Proof of real-
the affidavit of non-alienation, and the oath of allegiance, dence, &c.
required to be made by this section, may be made before the
judge, or, in his absence, before the clerk, of any court of
record of the county and State, or district and Territory, in
which the lands are situated; and if said lands are situated
in any unorganized county, such proof may be made in a
similar manner in any adjacent county in said State or Ter-
ritory; and the proof, affidavit, and oath, when so made
and duly subscribed, shall have the same force and effect
as if made before the register or receiver of the proper land
district; and the same shall be transmitted by such judge,
or the clerk of his court, to the register and the receiver,
with the fee and charges allowed by law to him; and the
register and receiver shall be entitled to the same fees for
examining and approving said testimony as are now allowed
by law for taking the same; and if any witness making False swearing;
such proof, or the said applicant making such affidavit or penalty for.
oath, swears falsely as to any material matter contained in
said proof, affidavits, or oaths, the said false swearing being
willful and corrupt, he shall be deemed guilty of perjury,
and shall be liable to the same pains and penalties as if he
had sworn falsely before the register.

14 Stat. 67; 18 id. 81; 19 id. 403; R. S. 2291. Mining Co. v. Daugh-
bery, 1 Saw. C. C. 450. Oaks v. Heaton, 44 Iowa, 116; Deland v.
Day, 45 id. 37; Dawson v. Merrille, 2 Neb. 119; Cheney v. White,
5 id. 261; Jones v. Yorkman, 5 id. 265; Perry v. Ashley, 5 id. 291;
Bellinger v. White, 5 id. 399; Axtell v. Warden, 7 id. 182; McWill-
iams v. Bridges, 7 id. 419; Moore v. McIntosh, 6 Kansas, 39; Com-
missioners v. Shippman, 14 id. 532; Kirkaldie v. Larrabee, 31 Cal.
456; Jarvis v. Hoffman, 43 id. 304. Decisions Sec. Int., June 2, 1871
(Copp's L. L. 234); July 12, 1871 (id. 256); Oct. 21, 1871 (id. 233);
Nov. 3, 1871 (id. 245); Jan. 31, 1872 (id. 238); Feb. 3, 1875; Aug.
5, 1875 (2 Copp's L. O. 83); Aug. 25, 1875 (2 id. 3); Dec. 4, 1875
(2 id. 131); April 6, 1876; Jan. 15, 1877 (3 Copp's L. O. 164); March
7, 1877; April 9, 1877 (4 Copp's L. O. 19); May 14, 1878; Dec. 5,
1878 (5 Copp's L. O. 146); Nov. 25, 1879 (6 id. 153); Feb. 7, 1880 (7
id. 6). Decisions Com. G. L. O., June 24, 1867 (Zab. L. L. 160);
Aug. 6, 1868 (id. 167); March 28, 1-70 (2 Copp's L. O. 57); Feb. 10,
1874 (1 id. 3); March 26, 1874 (1 id. 4); May 15, 1874 (1 id. 35); June
10, 1874 (Copp's L. L. 239); June 19, 1874 (id. 238); July 25, 1874
(1 Copp's L. O. 92); Aug. 4, 1874 (Copp's L. L. 247); Aug. 22, 1874
(1 Copp's L. 0.84); Dec. 15, 1874 (1 id. 149); Dec. 19, 1874 (Copp's
L. L. 271); June 22, 1875 (2 Copp's L. O. 50); July 31, 1875 (2 id.
83); Aug. 6, 1875 (2 id. 99); April 13, 1876 (3 id. 19); Feb. 25, 1877
(4 id. 108); May 7, 1877; June 29, 1877; July 6, 1877 (4 Copp's L.
O. 168); July 25, 1877 (4 id. 108); Aug. 16, 1877 (4 id. 103); Aug.
18, 1877 (4 id. 107); Aug. 25, 1877 (4 id. 103); Oct. 22, 1877 (4 id.
131); Nov. 22, 1877 (4 id. 146); Dec. 4, 1877 (4 id. 146); Sept. 3,
1878 (5 id. 117); Oct. 2, 1878 (5 id. 117); Nov. 14, 1878; Dec. 5, 1878
(5 Copp's L. 0.147); Jan. 20, 1879 (5 id. 179); Jan. 29, 1879 (5 id.
179); Feb. 4, 1879 (5 id. 179); July 6, 1879; Aug. 11, 1879 (6 Copp's
L. 0.93); Jan. 24, 1880 (6 id. 190); Feb. 19, 1880 (6 id. 189); March
24, 1880 (7 id. 24); April 22, 18-0 (7 id. 25). Cir. G. L. O., Oct. 30,
1862 (Zab. L. L. 147, 151); Feb. 28, 1868 (id. 164); May 15, 1868
(id. 165); Dec. 20, 1873 (Copp's L. L. 244); July 9, 1874 (id. 259);
Aug. 17, 1874 (id. 260); Sept. 9, 1874 (id. 244); Jan. 5, 1875 (id. 261);
Oct. 24, 1876 (3 Copp's L. O. 116); April 4, 1877 (4 id. 23); May 8,
1877 (4 id 52); May 18, 1877 (4 id. 51); June 23, 1877 (4 id. 68);
July 6, 1878 (5 id. 101); July 17, 1878 (5 id. 95);
1878 (5 id.
118); April 15, 1879 (6 id. 45); May 24, 1879 (6 id. 60). General
Cir., Sept. 1, 1879, p. 11, et seq. Rule 24, G. L. O. Rep. 1877, p. 101.

ure to the benefit

When rights in- SEC. 217. In case of the death of both father and mother, 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.

Homestead enpersons confirm

14 Stat. 67; R. S. 2292. Fuller v. Hunt, S. C. Iowa, 1877; Railway Co. v. Gordon, S. C. Mich. 1879. Decisions Sec. Int., April 9, 1877 (4 Copp's L. O. 19); Nov. 6, 1878 (5 id. 165). Decisions Com. G. L. O., Aug. 6, 1875 (2 Copp's L. O. 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, 1-62 (Zab. L. L. 147, 151). General Cir., Sept. 1, 1879, p. 13.

SEC. 218. In all cases in which parties who regularly tries of insane initiated claims to public lands as settlers thereon aced in certain Cording to the provisions of the homestead laws, have be

cases.

Persons in mil

come insane or shall hereafter become insane before the expiration of the time during which their residence, culti vation, or improvement of the land claimed by them is required by law to be continued in order to entitle them to make the proper proof and perfect their claims, it shall be lawful for the required proof and payment to be made for their benefit by any person who may be legally authorized to act for them during their disability, and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the General Land Office that the parties complied in good faith with the legal requirements up to the time of their becom ing insane; and the requirement in homestead entries of an affidavit of allegiance by the applicant in certain cases as a prerequisite to the issuing of the patents shall be dispensed with so far as regards insane persons.

21 Stat. 166. Decisions Com. G. L. O., March 11, 1874 (1 Copp's L. O. 19); Nov. 14, 1878 (5 id. 165). Cir. G. L. O., July 17, 1880 (7 Copp's L. O. 89).

SEC. 219. In case of any person desirous of availing himitary or naval self of the benefits of this chapter; but who, by reason of 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

service, when and

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. 133); July 3, 1876 (3 id. 69); Feb. 3, 1880 (6 id. 190). Cir. G. L. O., April 18, 1864 (Zab. L. L. 155); Sept. 14, 1868 (id. 158); June 25, 1859 (Copp's L. L. 248).

davit before clerk

SEC. 220. In any case in which the applicant for the bene. When persons fit of the homestead, and whose family, or some member may make affthereof, 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. 15×); April 21, 1870 (Copp's L. L. 226); April 4, 1877 (4 Copp's L. Ó. 23); May 18, 1877 (4 id. 51); General Cir., Sept. 1, 1879, p. 11.

1878 (5 id. 118).

SEC. 221. The register of the land office shall note all Record of ap applications under the provisions of this chapter, on the plications. 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. O. 114); Sept. 16, 1874. Decision Com. G. L. O., July 11, 1871. Cir. G. L. O., Oct. 30, 1862 (Zab. L. L. 147). General Cir., Sept. 1, 1879, p. 11.

lands not to be

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; Jones v. Yorkman, 5 id. 265; Bellinger v. White, 5 id. 399; McWilliams v. Bridges, 7 id. 419; Moore v. McIntosh, 6 Kansas, 39; Waters v. Voorhees, 14 id. 328; Kirkaldie v. Larrabee, 31 Cal. 456; Miller v. Little, 47 id. 348; Chant v. Reynolds, 49 id. 213; Fuller v. Hunt, S. C. Iowa, 1877. Cir. G. L. O., Oct. 2, 1862 (Zab. L. L. 147, 151). General Cir., Sept. 1, 1879, p. 21.

SEC. 223. If, at any time after the filing of the affidavit, as required in section two hundred and thirteen, and before the expiration of the five years mentioned in section 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

When lands enstead revert to

tered for home

Government.

(id. 236); June 20, 1871 (1 Copp's L. O. 114); Aug. 14, 1872 (Copp's L. L. 258); Oct. 23, 1872 (id. 254); Dec. 10, 1872 (id. 258); Dec. 9, 1874 (1 Copp's L. O. 148); Dec. 11, 1874 (1 id. 148); Feb. 3, 1875; Aug. 5, 1875 (2 Copp's L. 0.83); 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. O. 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. 0.34); 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. O., 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. O. 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. O. 167). General Cir., Sept. 1, 1879, p. 14. Rule 27, G. L. O. Rep. 1877, p. 101. SEC. 224. The notices of contest provided by law, under in homestead the homestead laws, shall be printed in some newspaper

Publication of

notice of contest

cases.

Notice of intention to make final proof.

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. O. 101). General Cir., Sept. 1, 1879, p. 14.

SEC. 225. Before final proof shall be submitted by any 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 subject to entry Covered by such claim shall be held open to settlement and entry without further action on the part of the Commissioner of the General Land Office.

at once.

21 Stat. 140. Decisions Sec. Int., June 20, 1871 (1 Copp's L. O. 114); Nov. 6, 1878 (5 id. 165); Sept. 27, 1879 (6 id. 107); June 22, 1880 (7 id. 66). Decisions Com. G. L. O., July 11, 1871; March 27, 1875 (2 Copp's L. O. 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);