18. All entries where the preemption affidavit was taken before some officer other than the register or receiver, and the preemptor died before the defect could be cured. 19. All entries made upon land appropriated by entry or selection, but which entry or selection was subsequently canceled for illegality. 20. Preemption entries in which the party has shown good faith, but did not, through ignorance of the law, declare his intention to become a citizen of the United States until after he made his entry. 21. All entries based upon preemption proof where the party had failed to file a declaratory statement therefor, provided no adverse claim attached prior to entry. 22. All entries of unoffered land, based upon a second declaratory statement, where the same was filed between June 22, 1874, and June 30, 1875. 23. All preemption entries in which the affidavit is defective in not showing that the party was not the owner of 320 acres of land in any State or Territory, and had never had the benefit of the act, the form for which affidavit was furnished by the local land office. 24. All homestead entries in which, by reason of ignorance of the law, sickness of the party or his family, the final proof was not made within the period prescribed by statute, but in other respects the law has been complied with. 25. All homestead entries in which the party failed to settle on the land within the time required by law by reason of physical disability, and where good faith is shown. 26. All homestead entries by mistake made in the name of the wrong party, but where on final proof the error may be corrected without prejudice to another's right. 27. In all homestead entries where the husband has deserted his wife and children, if he have any, who have in good faith complied with the homestead law by residence upon and cultivation of the land, and final proof shall be made by the wife, or in case of her death, by her heirs or their legal guardians, such entry shall be confirmed, and patent shall issue to the parties entitled thereto. J. A. WILLIAMSON, Commissioner General Land Office. We concur in the above rules, May 8, 1877. C. SCHURZ, Secretary of the Interior. CHAS. DEVENS, Attorney-General. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., April 28, 1888. The following rules are hereby established, with the concurrence of the Secretary of the Interior and Attorney-General, as additional to the regulations in accordance with which suspended claims are decided under sections 2450 to 2457, Revised Statutes, as amended by the act of Congress of February 27, 1877, viz: 28. All desert-land entries made by a duly qualified party under the act of March 3, 1877, where the land was properly subject to entry under said act, and the land has been reclaimed according to law, but where any of the declarations, affidavits, or proofs required under the statute were omitted or are defective, in consequence of ignorance, accident, or mistake, and where from the death or absence of the claim ant the missing papers can not be supplied, or the defective papers amended, and where there is no adverse claim. 29. All desert-land entries in which the final proof and payment were not made within three years from date of entry, but in which the claimant was duly qualified, the land properly subject to entry under the statute, and subsequently reclaimed in time according to its requirements, in which the failure to make proof and payment in time was the result of ignorance, accident, or mistake, and in which there is no adverse claim. 30. All desert-land entries in which neither the reclamation nor the proof and payment were made within three years from date of entry, but where the entryman was duly qualified, the land properly subject to entry under the statute, the legal requirements as to reclamation complied with and the failure to do so in time was the result of ignorance, accident, or mistake, or of obstacles which he could not control. and where there is no adverse claim. S. M. STOCKSLAGER, Commissioner General Land Office. We concur in the foregoing additional rules. MAY 12, 1888. WM. F. VILAS, Secretary of the Interior. A. H. GARLAND, Attorney-General. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., April 10, 1890. The following rules are hereby established, with the concurrence of the Secretary of the Interior and Attorney-General, as additional to the regulations in accordance with which suspended claims are decided under sections 2450 to 2457, Revised Statutes, as amended by the act of Congress of February 27, 1877, viz: 31. All preemption, homestead, commutation of homestead, and timber-culture entries, in which final proof has been made, and in which compliance with one or more legal requirements with reference to the final proof notice or in other respects does not appear in the papers, because of the neglect or inattention of the district land officers in allowing the final proof and payment to be made notwithstanding such defect, but where, in fact, notice was given, and in which no adverse claim appears. and the existing testimony shows a substantial, bona fide compliance with the law, as to residence and improvements, in preemption, homestead, and commutation of homestead entries, or as to the required planting, cultivating, and protecting of the timber, in timberculture entries, or where such facts were satisfactorily shown to the district land officers by proof which was lost in transmission to the General Land Office, and can not now be renewed by reason of the death of witnesses or other cause. 32. All homestead and timber-culture entries in which the party has shown good faith, and a substantial compliance with the legal requirements of residence and cultivation of the land, in homestead entries, or the required planting, cultivating, and protecting of the timber, in timber-culture entries, but in which the party did not, through ignorance of the law, declare his intention to become a citizen of the United States until after he had made his entry, or, in homestead entries, did not from like cause perfect citizenship until after the making of final proof, and in which there is no adverse claim. 33. All homestead and timber-culture entries in which good faith appears, and a substantial compliance with law, and in which there is no adverse claim, but in which full compliance with law was not effected, or final proof made, within the period prescribed, or residence established on the land, in homestead entries, within the time fixed therefor by statute, or official regulation based thereon, and in which such failure was caused by ignorance of the law, by accident or mistake, by sickness of the party or his family, or by any other obstacle which he could not control. LEWIS A. GROFF, Commissioner of the General Land Office. FORMS. [No. 4-001.] CASH APPLICATION. No. I, section of County, of do hereby apply to purchase the in township, of range —, containing acres, according to the returns of the surveyor-general, for which I have agreed with the register to give at the rate of per acre. My post-office address is I, above described contains upon is register of the land office at, do hereby certify that the lot acres, as mentioned above, and that the price agreed per acre. 18-. LAND OFFICE AT It is hereby certified that, in pursuance of law, of, on this day purchased of the register of this tion No. - in township No. taining acres, at the rate of. office the lot or of the meridian, concents per acre, amounting ha- made payment shall be entitled to Now, therefore be it known, that on the presentation of this certificate to the Commissioner of the General Land Office, the said receive a patent for the lot above described. If residence is in city, street and number must be given. [4-102 b.] [To be used in all entries since August 30, 1890.] AFFIDAVIT. U. S. LAND OFFICE AT applying to enter (or file for) a do solemnly swear I, of that since August 30, 1890, I have not entered under the land laws of the United States, or filed upon, a quantity of land agricultural in character and not mineral, which, with the tracts now applied for, would make more than 320 acres, except for settled upon by me prior to August 30, 1890. Said settlement was commenced and my improvements consisted of (Sign plainly with full Christian name.) Sworn to and subscribed before me this County, Mr. [No. 4-536.] PREEMPTION RECEIPT AND CERTIFICATE. LAND OFFICE AT 18-. has this day paid dollars, the register's and receiver's fees, to file a declaratory statement, the receipt whereof is hereby acknowledged. No. Mr. having paid the fees, has this day filed in this office his declaratory statement, No. -, for containing have, since the 1st day of I, PREEMPTION DECLARATORY STATEMENT FOR OFFERED LANDS. wit, on the section No. of being day of A. D. in township No. subject to sale at the land office at A. D. 18-, to 18-, settled and improved the quarter of of range No., in the district of lands and containing acres, which land had been rendered subject to private entry prior to my settlement thereon; and I do hereby declare my intention to claim the said tract of land as a preemption right, under section 2259 of the Revised Statutes of the United States. tled and improved the quarter of section No. range No. in the district of lands subject to sale at the land office at containing acres, which land has not yet been offered at public sale, and thus rendered subject to private entry; and I do hereby declare my intention to claim the said tract of land as a preemption right under section 2259 of the Revised Statutes of the United States. 1 If residence is in city, street and number must be given. |