The evidence establishes two facts, either of which is conclusive of his alleged total abandonment of the tract claimed: first, a verbal sale of his right to one Wm. H. Miller, accompanied with delivery of possession and acceptance of a consideration; second, a mortgage of a portion of the premises claimed which mortgage still remains unsatisfied, I therefore affirm your decision ordering the cancellation of his entry, and return herewith the papers transmitted with your letter of the 25th ultimo. Very respectfully, Č. DELANO, Secretary. HON. WILLIS DRUMMOND, Commissioner of the General Land-Office. GENTLEMEN:-I transmit herewith copy of an act entitled "An Act for the relief of certain settlers on the public lands in certain portions of the States of Minnesota and Iowa." [Part II., No. 115.] It is the intention of section 1 of said act to grant to pre-emption and homestead settlers a leave of absence from their claims where their crops were destroyed or seriously injured by grasshoppers in 1873 and the ravages of these insects are again commenced in 1874. Section 3 legalizes an enforced absence from a like destruction or injury to crops to such as may have settled in 1874. Section 2 provides that during such period of absence no adverse right can attach, and that the term of absence shall be regarded as a part of the period required to perfect title under the homestead law, and a part of the time pre-emptors are allowed for proof and payment -that is to say, they are during such absence constructively present on their claims. The act is not retroactive, and legalizes absence only between June 18, 1874, and May 1, 1875. This right of absence is not available to any whose crops are not either destroyed or seriously injured, hence when a settler not actually entitled to the benefits of this act absents himself from his claim it will be construed as an abandonment, and adverse claims will be recognized. Written notice of intended absence, signed by the party, should be filed with the Register and Receiver when he leaves his claim. This is a means of protection to the claimant, and is due those who otherwise might initiate invalid adverse claims. At date of final proof by any party who has availed himself of the act, proof must be submitted, showing the period of absence, and its necessity. This proof should consist of such details as will enable you and this Office to judge whether the absence is justified by the law. After a party shall have filed notice with you of intended absence under this act, no contest involving his rights to the land can be insti tuted prior to May 1, 1875. If the party has made fraudulent absence, it will be a matter for investigation in the regular manner after said last-mentioned date. All contests touching such claimants, commenced prior to June 18, 1874, may be proceeded with. You will govern your action accordingly. receipt. Please acknowledge No. 311. Respectfully, S. S. BURDETT, Commissioner. CIRCULAR. DEPARTMENT OF THE INTERIOR, GENERAL LAND Office, Washington, D. C., August 17, 1874. To the Registers and Receivers of the U. S. Land Offices at Des Moines and Sioux City, Iowa; Worthington, New Ulm, Redwood Falls, and Litchfield, Minnesota. GENTLEMEN:-In view of the great distress prevailing in certain counties of the States of Iowa and Minnesota, caused by the destruction of crops by grasshoppers-the existence of which is recognized by the Act of Congress approved June 18, 1874-and of representations made to this Office of the inability of the Homestead settlers within the devastated districts to bear the expense of the long journey required to be made by themselves and witnesses to the Local Land-Office for the purpose of making the final proof required by law; and to the end that such persons as are now entitled under the law to make such proof may be enabled to do so at the least possible expense to themselves, consistent with the due administration of the law by this Office, existing regulations are so far modified as that, from this date and until May 1, 1875, the final affidavit and proof in Homestead cases may be made at the Court House of the county within which the Homestead premises are situated, before the clerk of any court of record for such county authorized by law to use an official seal. To entitle parties to the benefit of this mode of proof it is required that they post up conspicuously on the land embraced in the Homestead entry, and on the door of the Court House, and keep posted for not less than three weeks, a written or printed notice, to be signed by the Homestead settler, stating that he will, on a day to be named therein, appear before the clerk of the court, at the Court House, for the purpose of making final Homestead proof on the land, describing the same by subdivisions of section, township, and range. The affidavit of the settler and the proot of his witnesses must show : First, The settlement and cultivation of the land, as is required by law in ordinary cases; Second, That the notices herein specified were posted, and remained posted, in the manner and for the period of time required by these regulations; and, Third, That in consequence of the ravages of grasshoppers the party is unable to defray the expense of a personal attendance at the District Land-Office. A certificate from the clerk of the court must accompany the said papers, and show that the settler and the witnesses produced by him are residents of the county, or in the neighborhood of the land, and are credible persons. In cases where it is not practicable to prove the settlement and cultivation of the land and the posting of notices, as herein required, by the same witnesses, the fact of the posting and maintenance of the notices may be shown in a separate affidavit by other witnesses, whose credibility shall be certified in the manner herein before specified by the clerk of the court. After these papers shall have been properly attested under seal by the clerk, the same may be transmitted by mail or private hand, together with the necessary fee and commissions, to the Register and Receiver of the proper District Land Office. The fee and commissions so forwarded, however, will be at the risk of the party forwarding the same. The foregoing privilege will be confined to Homestead settlers residing within the boundaries of the Sioux City Land District and the counties that are contiguous thereto, in Iowa; and the counties of Cottonwood, Nobles, Martin, Jackson, Watonwan, Murray, Rock, Lyon, Redwood, Brown, Chippewa, and Renville, and the counties contiguous thereto, in the State of Minnesota. GENTLEMEN :-I transmit herewith copy of an act entitled "An act for the relief of certain settlers on the public lands," approved December 28, 1874. [Part II., No. 130.] This act provides that where the crops of homestead and pre-emption settlers were destroyed or seriously injured by grasshoppers in 1874, such settlers shall be allowed a leave of absence from their claims until July 1, 1875; that where such grasshoppers shall re-appear in 1875 to the like destruction of crops, such leave of absence shall continue until July 1, 1876; that during such absence no adverse rights shall attach, and that the term of absence shall be regarded as a part of the period required to perfect title under the homestead law, and a part of the time pre-emptors are allowed for proof and payment-that is to say, they are during such absence constructively present on their claims. This right of absence is not available to any whose crops were not either destroyed or seriously injured; hence when a settler not actually entitled to the benefits of this act absents himself from his claim it will be construed as an abandonment, and adverse claims will be recognized. Written notice of intended absence, signed by the settler, should be filed with the register and receiver when he leaves his claim. This is a means of protection to the settler, and is due those who otherwise might initiate invalid adverse claims. At date of final proof by any party who has availed himself of this act, proof must be submitted showing the period of absence and its necessity. The proof should consist of such details as will enable you and this Office to judge whether the absence is justified by the law. After a party shall have filed notice with you of intended absence under this act, no contest involving his right to the land can be instituted prior to the expiration of the legal term of absence to which he is entitled. If the party should be fraudulently absent, it will be a matter for investigation in the regular manner after the expiration of such leave of absence. You will observe that pre-emptors whose crops have been destroyed or seriously injured as aforesaid are allowed an extension of one year after the expiration of said term of absence for proof and payment. This provision is regarded as applicable only to such as may find it necessary to avail themselves of the said leave of absence; and if the absence is found to be fraudulent, the extension of time does not apply, and adverse claims will be given effect. Very respectfully, S. S. BURDETT, Commissioner. No. 313. JOHN RUSSELL. The act of Dec. 28, 1874, applies only to actual settlers under the homestead and pre-emption laws, and not to those who simply filed a D. S. without settlement. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., Feb. 15, 1875. MR. ROBERT A. GRAY, Raymond, Rice Co., Kansas. SIR-In reply to your letter of the 25th ult., relative to the case of John Russell, who filed homestead declaration, act June 8, 1872, for land, and failed to make homestead entry thereof within the required time, I have to state that the act approved Dec. 28, 1874, entitled "An act for the relief of certain settlers on the public lands," (copy enclosed,) applies only to "homestead and pre-emption settlers on the public lands whose crops were destroyed or seriously injured by grasshoppers in the year 1874." It does not appear from your letter that Mr. Russell ever settled on the land, but that you were empowered by him to have 20 acres of the land broken. Mr. Russell's claim to make entry of the land by reason of grasshoppers causing his failure within the required time cannot be recognized, a valid adverse claim thereto having intervened, in the nature of a timber culture entry, as stated in your letter. Mr. Russell's only remedy will be found on examination of Circular of May 17, 1873, herewith enclosed. (No. 327.) Very respectfully, S. S. BURDETT, Commissioner. No. 314. II. SOLDIERS' AND SAILORS' HOMESTEADS. (A) ORIGINAL. DEPARTMENT OF THE INTERIOR, GENTLEMEN :-Attached is a copy of the amended law of Congress granting homesteads to soldiers and sailors, their widows and orphan children. (Revised Statutes, sections 2304 to 9.) This law allows: 1st. Every soldier and officer of the Army, and every seaman, marine, and officer of the Navy, who served for not less than ninety days in the Army or Navy of the United States "during the recent rebellion," and who was honorably discharged, and has remained loyal to the Government, to enter, under the provisions of the homestead law, one hundred and sixty acres of the public land, including the double minimum lands. 2d. That the time of service, or the whole term of enlistment, when discharged on account of wounds or disability, shall be deducted from the time heretofore required to perfect title: Provided, however, That the person shall reside upon, improve, and cultivate his homestead for a period of at least one year after he shall commence his improvements. It is required that the period (whether one year or more) of actual residence, improvement, and cultivation that may be found necessary to perfect each case of entry under this act, shall follow immediately upon the date of entry. 3d. That any person entitled to the benefit of this act, and who has heretofore made a homestead entry of less than one hundred and sixty acres, may enter under this act an additional quantity of land contiguous to the first entry, which shall make in the aggregate one hundred and sixty acres. 4th. That the widow, if unmarried, or in case of her death or marriage, then the minor orphan children of a person who would be entitled to the benefits of this act, may enter lands under its provisions, with the additional privilege accorded, that if the person died during bis term of enlistment, the widow, or minor children, shall have the benefit of the whole term of enlistment. 5th. That where a person may heretofore have made an entry under the homestead laws while in the United States military or naval service, or before entering such service, the time of service shall be equivalent to a residence for the same length of time upon the tract so entered: Provided, That the party shall show at least one year's continued residence upon, and improvement and cultivation of, the tract. The law also reinstates such entries as may have been cancelled because |