I, [4-070.] HOMESTEAD PROOF. FINAL AFFIDAVIT REQUIRED OF HOMESTEAD CLAIMANTS. [Section 2291 of the Revised Statutes of the United States.] having made a homestead entry of the section No. in township No. of range No. —, subject to entry at under section No. 2289 of the Revised Statutes of the United States, do now apply to perfect my claim thereto by virtue of section No. 2291 of the Revised Statutes of the United States, and for that purpose do solemnly that I am a citizen of the United States; that I have made actual settlement upon and have cultivated said land, having resided thereon since the - day of 18-, to the present time; that no part of said land has been alienated, except as provided in section 2288 of the Revised Statutes, but that I am the sole bona fide owner as an actual settler; that I will bear true allegiance to the Government of the United States; and further, that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States, except (Sign plainly full Christian name.) I, of. day of -, do hereby certify that the above affidavit was subscribed and sworn to before me this County, 189-, at my office at in entry, No. [4-369.] HOMESTEAD PROOF. TESTIMONY OF CLAIMANT. being called as a witness in his own behalf in support of homestead for -, testifies as follows: Q. 1. What is your name, age, and post-office address?-A. Q. 2. Are you a native-born citizen of the United States; and if so, in what State or Territory were you born?'-A. Q. 3. Are you the identical person who made homestead entry, No. land office on the day of land now claimed by you?-A. Q. 4. When was your house built on the land and when did you establish actual residence therein? (Describe said house and other improvements which you have placed on the land, giving total value thereof.)—A. Q. 5. Of whom does your family consist; and have you and your family resided continuously on the land since first establishing residence thereon? (If unmarried, state the fact.)-A. Q. 6. For what period or periods have you been absent from the homestead since making settlement, and for what purpose; and if temporarily absent, did your family reside upon and cultivate the land during such absence?—A. Q. 7. How much of the land have you cultivated each season, and for how many seasons have you raised crops thereon?-A. Q. 8. Is your present claim within the limits of an incorporated town or selected site of a city or town, or used in any way for trade and business?—A. Q. 9. What is the character of the land? Is it timber, mountainous, prairie, grazing, or ordinary agricultural land? State its kind and quality, and for what purpose it is most valuable.-A. Q. 10. Are there any indications of coal, salines, or minerals of any kind on the land? (If so, describe what they are, and state whether the land is more valuable for agricultural than for mineral purposes.)-A. Q. 11. Have you ever made any other homestead entry? (If so, describe the same.)-A. (In case the party is of foreign birth a certified transcript from the court records of his declaration of intention to become a citizen, or of his naturalization, or a copy thereof, certified by the officer taking this proof, must be filed with the case. Evidence of naturalization is only required in final (five year) homestead cases.) Q. 12. Have you sold, conveyed, or mortgaged any portion of the land; and if so, to whom and for what purpose?-A. Q. 13. Have you any personal property of any kind elsewhere than on this claim? (If so, describe the same, and state where the same is kept.)—A. Q. 14. Describe by legal subdivisions, or by number, kind of entry, and office where made, any other entry or filing (not mineral) made by you since August 30, 1890.-A. (Sign plainly with full Christian name.) I hereby certify that the foregoing testimony was read to the claimant before being subscribed, and was sworn to before me this day of 189-, at my office at in County, NOTE.-The officer before whom the testimony is taken should call the attention of the witness to the following section of the Revised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law. TITLE LXX.-CRIMES.-CHAP. 4. SEC. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See $1750.) for TESTIMONY OF WITNESS. being called as a witness in support of the homestead entry of —, testifies as follows: Q. 1. What is your name, age, and post-office address?-A. Q. 2. Are you well acquainted with the claimant in this case and the land embraced in his claim?— A. Q. 3. Is said tract within the limits of an incorporated town or selected site of a city or town or used in any way for trade or business?-A. Q. 4. State specifically the character of this land-whether it is timber, prairie, grazing, farming, coal, or mineral land?-A. Q. 5. When did claimant settle upon the homestead and at what date did he establish actual residence thereon?-A. Q. 6. Have claimant and family resided continuously on the homestead since first establishing residence thereon? (If settler is unmarried, state the fact.)— A. Q. 7. For what period or periods has the settler been absent from the land since making settlement, and for what purpose; and if temporarily absent, did claimant's family reside upon and cultivate the land during such absence?—A. Q. 8. How much of the homestead has the settler cultivated and how many seasons did he raise crops thereon?-A. Q. 9. What improvements are on the land and what is their value?—A. Q. 10. Are there any indications of coal, salines, or minerals of any kind on the homestead? (If so, describe what they are, and state whether the land is more valuable for agricultural than for mineral purposes.)—A. Q. 11. Has the claimant mortgaged, sold, or contracted to sell any portion of said homestead?-A. Q. 12. Are you interested in this claim, and do you think the settler has acted in entire good faith in perfecting this entry?—A.· (Sign plainly with full christian name.) I hereby certify that the foregoing testimony was read to the witness before being subscribed, and was sworn to before me this day of 189-, at my office (The testimony of witnesses must be taken at the same time and place and before the same officer as claimant's final affidavit. The answers must be full and complete to each and every question asked, and officers taking testimony will be expected to make no mistakes in dates, description of land, or otherwise.) It is hereby certified that pursuant to the provisions of section No. 2291, Revised Statutes of the United States, of section No., in township No. ian -, containing acres. has made payment in full for of range No. - of the principal merid Now, therefore, be it known that on presentation of this certificate to the Commissioner of the General Land Office the said shall be entitled to a patent for the tract of land above described. Register. [4-069.] [To be used in cases of commuted homestead entries. For taking the testimony of claimant and his witnesses in making commutation proof use the prescibed forms for "Homestead Proof."] I, AFFIDAVIT REQUIRED OF CLAIMANT. [Section 2301 of the Revised Statutes of the United States.] claiming the right to commute, under section 2301 of the Revised Statutes of the United States, my homestead entry, No. -, made upon the of section township -, range do solemnly swear that I made settlement upon said land on the day of 18—, and that since such date, to wit, on the day of 18-, I have built a house on said land, and have continued to reside therein up to the present time; that I have broken and cultivated acres of said land, and that no part of said land has been alienated except as provided in section 2288 of the Revised Statutes, but that I am the sole bona fide owner as an actual settler. I further swear that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States, except (Sign plainly with full christian name.) Subscribed and sworn to before me this in day of 189-, at my office at having filed my application, No. 189-. for an entry under the provisions of the act of Congress approved May 20, 1862, entitled "An act to secure homesteads to actual settlers on the public domain," do solemnly swear *that ; that said entry is made for my own exclusive benefit and not, directly or indirectly, for the benefit or use of any other person or persons whomsoever; neither have I heretofore perfected or abandoned an entry made under this act; that the land embraced in the said application No. is intended for an adjoiningfarm homestead; that I now own and reside upon an original farm containing acres and no more; that the same comprises the of section range and is contiguous to the tract this day applied for. Sworn to and subscribed this day of township 189-, before of the Land Office. [4-067.] FINAL AFFIDAVIT REQUIRED OF ADJOINING FARM HOMESTEAD CLAIMANTS. I, [Section 2291, Revised Statutes.] having made a homestead entry of the section No. in township No. of range No. -, subject to entry at for the use of an adjoining farm owned and occupied by me on the of section No. in township No. of range No. under section 2289 of the Revised Statutes, do now apply to perfect my claim thereto by virtue of section No. 2291 of the same, and for that purpose do solemnly that I am a citizen of the United States; that I have continued to own and occupy the land constituting my original farm, having resided thereon since the day of 18-, to the present time, and have made use of the said entered tract as a part of my homestead, and have improved the same in the following manner, viz: ; that no part of said land has been alienated, but that I am the sole bona fide owner as an actual settler; that I will bear true allegiance to the Government of the United States; and, further, that I have not heretofore perfected or abandoned an entry under the homestead laws. [To be used in making FINAL PROOF in cases where preemption filings have been changed to homestead entries under the acts of March 3, 1877, and May 27 and June 14, 1878.] I, filed the of PREEMPTION-HOMESTEAD AFFIDAVIT. having changed my preemption declaratory statement, No. day of, 18-, for the section No. of range No. -, to homestead entry original No. district lands subject to entry at under the acts of Congress approved March 3, 1877, and May 27, 1878, do solemnly swear that I have never had the benefit of any right of preemption under section 2259 of the Revised Statutes of the United States; that I have not heretofore filed a preemption declaratory statement for another tract of land; that I was not the owner of three hundred and twenty acres of land in any State or Territory of the United States at any time during the above-mentioned period of settlement under the preemption statutes; that I did not remove from my own land within the State of to make the settlement above referred to; nor have I settied upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my exclusive use or benefit; and that I did not, during the period of preemption settlement above mentioned, directly or indirectly, make any agreement or contract in any way or manner with any person or persons whatsoever by which the title which I might acquire from the Government of the United States would inure, in whole or in part, to the benefit of any person except myself. I, register of the land office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under the act of ——, and that there is no prior valid adverse right to the same. I, of having filed my application, No. for an entry under the act of March 3, 1879, do solemnly swear that ; that I did not serve for a period of ninety days or more in the Army or Navy of the United States during the war of the rebellion and receive an honorable discharge therefrom; that said application No. is made for my exclusive benefit, and that said entry is made for the purpose of actual settlement and cultivation as an addition to my homestead, No. and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever, and that I have not heretofore had the benefit of said act. NOTE. If this affidavit be acknowledged before the clerk of the court, as provided for by section 2294, United States Revised Statutes, the homestead party must expressly state herein that he or some memoer of his family is residing upon the land applied for, or upon the land embraced in his original entry, and that bona fide improvement and settlement have been made. He must also state why he is unable to appear at the land office. 1 If residence in city, street and number must be given. |