The particulars given should be such as to admit of a decision whether the absence was justified by law or not, and should specifically show at what time the party left the land and when he resumed his settlement.

The affidavits required in cases arising under this section of the act must be made at the same time and place and before the same officer taking the other proofs.

The first section of the act of January 19, 1895, provides for an extension of time of two years within which to make final proof, and excuses temporary absence for any period within two years from the date of the act in all cases where any homestead settler, in the respective districts, was compelled to leave the land settled upon by him because of the prevailing forest fires of the summer and autumn of 1894, and by reason of the destruction of buildings or other property by such fires. The same relief is extended to the heirs of any settler who perished by such fires. Any settler desiring to receive the benefit of these provisions will be required to file in the district land office having jurisdiction over the land embraced in his or her claim an affidavit corroborated by two parties setting forth the number of the entry, if one has been made, and the description of the land; the date of settlement upon the land; the amount and character of the improvements placed thereon; the character and extent of the damage to the settler's property caused by the fire; the date when the same occurred; whether or not the party was thereby obliged to leave the claim, and such other facts as may be relied upon as bringing the party within the scope of the act. Where a homestead settler perished by such fires, the heirs (i. e., the successors to the right under the homestead law, if they desire to receive the benefit of the provisions of said section), or one of them, will be required to furnish evidence consisting of the affidavit of the respective claimants, or, if a minor, of his or her guardian, corrobo rated by two witnesses, setting forth the number of the entry, if one has been made, and the description of the land; the date of the settlement under which they claim; the character and value of the improvements, and the circumstances attending the death of the settler. The affidavits of the claimant and his corroborating witnesses may be made before any officer authorized to administer oaths using a seal.

Upon receipt of the required affidavits, the district land officers will forward the same to the General Land Office with their joint recommendation in regard to the case. Should the evidence be found satisfactory they will be so advised, whereupon they will make such notes upon their records for their future guidance as will indicate that the parties are entitled to the benefits of the provisions of the first section of the act, and in these cases they will not issue the usual notice of the expiration of time within which to make proof until ten years from the date of the entry, and no contest for abandonment or noncompliance with the law will be allowed against any of the entries until after the expiration of two years from the date of the act. Entrymen temporarily absent for any time within two years from the date of the act will not be required to show any additional period of residence when they make final proof, because of such absence, as the act explicitly directs that such absence shall be deemed constructive residence.

Parties coming under the act whose claims rest upon settlement alone are not relieved from the necessity of making their original homestead entries as heretofore required by the law and regulations in order to protect their settlement rights.

CLIMATIC HINDRANCES.

The proviso annexed to section 2297, Revised Statutes, by amendatory act of March 3, 1881 (21 Stat. L., 511; Appendix No. 23, p. 181, which applies only to homestead settlers, provides that in case such settler has been prevented by climatic reasons from establishing actual residence upon his homestead within six months from date of entry, the Commissioner of the General Land Office may, in his discretion, allow him twelve months from that date in which to commence his residence. In such case the settler must, on final proof, file with the register and receiver his affidavit, duly corroborated by two credible witnesses, setting forth in detail the storms, floods, blockades by snow or ice, or other hindrances dependent upon climatic causes which rendered it impossible for him to commence residence within six months. A claimant can not be allowed twelve months from entry when it can be shown that he might have established his residence on the land at an earlier day; and a failure to exercise proper diligence in so doing as soon as possible after the climatic hindrances disappear will imperil his entry in case of a contest.

HOMESTEAD CLAIMS NOT LIABLE FOR DEBT AND NOT SALABLE.

No lands acquired under the provisions of the homestead laws are liable for the satisfaction of any debt contracted prior to the issue of patent. (Sec. 2296, Rev. Stat.; Appendix No. 1, p. 155.)

The sale of a homestead claim by the settler to another party before becoming entitled to a patent vests no title or equities in the purchaser as against the United States. In making final proof, the settler is by law required to swear that no part of the land has been alienated except for church, cemetery, or school purposes, or the right of way of railroads, canals, or ditches for irrigation or drainage across it. (Sec. 2288, Rev. Stat., as amended by sec. 3 of the act of March 3, 1891, 26 Stat. L., 1095; Appendix No. 44, p. 221.)

ONLY ONE HOMESTEAD PRIVILEGE TO THE SAME PERSON PERMITTED.

As the law allows but one homestead privilege (sec. 2298, Rev. Stat.; Appendix No. 1, p. 155), a settler relinquishing or abandoning his claim can not thereafter make a second entry, although where the entry is canceled as invalid for some reason other than abandonment, and not the willful act of the party, he is not thereby debarred from entering again if in other respects entitled, and may have the fee and commissions paid on the canceled entry refunded on proper application, under the act of June 16, 1880 (21 Stat. L., 287; Appendix No. 21, p. 179; Hannah M. Brown, 4 L. D., 9; Goist v. Bottum, 5 L. D., 643; Jasper N. Shepherd, 6 L. D., 362).

Where a party makes a selection of land for a homestead he must abide by his choice. If he has neglected to examine the character of the land prior to entry, and it proves to be infertile or otherwise unsatisfactory, he must suffer the consequences of his own neglect.

In some cases, however, where obstacles which could not have been foreseen, and which render it impracticable to cultivate the land, are discovered subsequently to entry (such as the impossibility of obtaining water by digging wells or otherwise), or where, subsequently to entry, and through no fault of the homesteader, the land becomes useless for agricultural purposes (as where by the deposit of "tailings" in

the channel of a stream a dam is formed, causing the waters to overflow), the entry may, in the discretion of the Commissioner of the General Land Office, be canceled and a second entry allowed; but, in the event of a new entry, the party will be required to show the same compliance with law in connection therewith as though he had not made a previous entry, and must pay the proper fees and commissions upon the same.

Exceptions to the rule above stated have been made by two statutes of a general character, the acts of March 2, 1889 (25 Stat. L., 854, sec. 2; Appendix No. 32, p. 187), and of December 29, 1894 (28 Stat. L., 599; Appendix No. 59, p. 236). Several statutes of a special character have been enacted having a local application, viz, statutes of March 2, 1889 (25 Stat. L., 1004, secs. 12, 13, 14, and 15; Appendix No. 35, p. 204), February 13, 1891 (26 Stat. L., 759), and March 3, 1893 (27 Stat. L., 563; Appendix No. 46, p. 228), in reference to certain Indian lands in Oklahoma; September 29, 1890 (26 Stat. L., 496, Appendix No. 40, p. 215), in reference to certain forfeited railroad lands; and March 3, 1891 (26 Stat. L., 1043), in reference to the Crow Indian lands in Montana. These statutes make the exception in favor of parties who had made entries prior to the respective dates of approval thereof, leaving the rule to operate unimpaired with respect to cases thereafter arising.

The general act of March 2, 1889 (25 Stat. L., 854, sec. 2), allows in general terms any party who had theretofore made a homestead entry and who had not perfected title thereunder to make another homestead entry, while denying such right to any party who perfects title to lands under the preemption or homestead laws already initiated, and specifically provides that parties who have existing preemption rights may transmute them to homestead entries and perfect title to the lands under the homestead laws, although they may have heretofore had the benefit thereof.

Therefore registers and receivers will not hereafter reject a homestead application on the ground that the applicant can not take the prescribed oath that he has not previously made such an entry, but he will be required to show by affidavit, designating the entry formerly made by description of the land, number and date of entry, or other sufficient data, that it was made prior to the date of said act, and also that he has not since perfected a preemption or homestead title initiated prior to that date. In cases where the former entry was made subsequently to the date of the act, the rule remains unchanged, as given above.

The right to make a second entry under the act of December 29, 1894, extends to such persons as have theretofore forfeited their entries for such reasons as would have entitled them to a leave of absence under section 3, act of March 2, 1889.

The party applying to make second entry will be required to file, in the district land office having jurisdiction over the land he desires to enter, an application for a specific tract of land, and to submit testimony to consist of his own affidavit, corroborated by the affidavits of disinterested witnesses, executed before the register or receiver or some officer in the land district using a seal and authorized to administer oaths, setting forth in detail the facts on which he relies to support his application, and which must be sufficient to satisfy the register and receiver, who are enjoined to exercise their best and most careful judg ment in the matter, that his former entry was in fact forfeited by reason of his inability, caused by a total or partial destruction or failure of

crops, sickness, or other unavoidable casualty, to secure a support for himself or those dependent upon him, upon the land settled upon. The facts to be shown embrace the following, viz:

1. The character and date of the entry, date of establishing residence upon the land, and what improvements were made thereon by the applicant.

2. How much land was cultivated by the applicant, and for what period of time.

3. In case of failure or injury to crop, what crops failed or were injured or destroyed, to what extent, and the cause thereof.

4. In case of sickness, what disease or injury, and to what extent the claimant was thereby prevented from continuing upon the land, and if practicable a certificate from a reliable physician should be furnished. 5. In case of "other unavoidable casualty," the character, cause, and extent of such casualty, and its effect upon the land or the claimant. 6. In each case full particulars upon which intelligent action may be based by the register and receiver.

The foregoing is intended to indicate what facts should be set forth in the required affidavits, leaving with the register and receiver of the several district offices the duty of making application of the law to the particular cases presented.

If the showing made by any party in support of his application under said act is satisfactory to the district land officers, they will allow him to make entry as in other cases.

Parties claiming under any special act will be required to show themselves entitled to the benefit thereof in accordance with such instructions as may be issued thereunder.

In regard to some of these laws instructions have already been prepared. (See pp. 48 and 75.)

ADJOINING FARM HOMESTEADS.

A person possessing the requisite qualifications under the homestead law (not having exhausted his right by previous entry thereunder), owning and residing on land not amounting in quantity to a quarter section, may enter other land lying contiguous to his own to an amount which shall not, with the land already owned by him, exceed in the aggregate 160 acres. For instance, if he has purchased or obtained from the Government (not under the homestead law) or from any other party 40 acres of land he can, under the provisions of the homestead law, enter 120 acres adjoining; if he is the owner of 80 acres he can enter another tract of 80 acres; if he is the owner of 120 acres he can enter 40 acres additional (sec. 2289, Rev. Stat.; Appendix No. 1, p. 153). The party must fulfill the requirements of the homestead law as to residence and cultivation, but will not be required to remove from the land which he originally owned in order to reside upon and cultivate that which he thus acquires under the homestead law, since the whole 160 acres are considered as constituting one farm or body of land, residence upon and cultivation of a portion of which is equivalent to residence upon and cultivation of the whole, except that patent for the adjoining homestead will not be issued until five years from date of entry thereof.

Adjoining farm entries under section 2289 of the Revised Statutes are not to be confounded with additional entries under other statutes. (See p. 27.)

SOLDIERS' AND SAILORS' HOMESTEAD RIGHTS.

Any officer, soldier, seaman, or marine who served for not less than ninety days in the Army or Navy of the United States during the rebellion, and who was honorably discharged and has remained loyal to the Government, and who makes a homestead entry of 160 acres or less on any land subject to such entry, is entitled under section 2305 of the Revised Statutes (Appendix No. 1, p. 156) to have the term of his service in the Army or Navy, not exceeding four years, deducted from the period of five years' residence required under the homestead laws. If the party was discharged from service on account of wounds or disabilities incurred in the line of duty the whole term of enlistment, not exceeding four years, is to be deducted from the homestead period of five years; but no patent can issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he commenced his improvements. (Sec. 2305, Rev. Stat.; Appendix No. 1, p. 156.)

Similar provisions are made in the act of June 16, 1898 (see appendix No. 79, p. 256), for the benefit of persons who served in the late war with Spain, or during any other war in which the United States may be engaged.

A party applying to make entry under the provisions of section 2304 must file with the register and receiver a certified copy of his certificate of discharge, showing when he enlisted and when he was discharged; or the affidavit of two respectable, disinterested witnesses corroborative of the allegations contained in the prescribed affidavit (Form 4-065, p. 284) on these points, or, if neither can be procured, his own affidavit to that effect.

A SOLDIER MAY FILE A DECLARATORY STATEMENT IN PERSON.

The filing must be accompanied by the oath of the soldier, stating his residence and post-office address, and setting forth that the claim is made for his exclusive use and benefit, for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person; that he has not theretofore made a homestead entry or filed a declaratory statement under the homestead law; that he is not the proprietor of more than 160 acres of land in any State or Territory, and that since August 30, 1890, he has not entered under the land laws of the United States, or filed upon, a quantity of land, agricultural in character, which, with the tracts applied for, would make more than 320 acres (Forın 4-546, p. 283). The fee is $2, except in the Pacific States and Territories, where it is $3.

A SOLDIER'S CLAIM MAY BE FILED BY AN AGENT.

Any such officer, soldier, sailor, or marine may file his claim for a tract of land through an agent, and may have six months thereafter within which to make his actual entry and commence his settlement and improvements upon the land. (Rev. Stat., 2309; Appendix No. 1, p. 157.)

In addition to the oath heretofore prescribed, the oath, in case of filing by an agent, must further declare the name and authority of the agent and the date of the power of attorney or other instrument creating the agency, adding that the name of the agent was inserted therein before its execution. It should also state in terms that the agent has