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4

4th.  But if parties legally qualified desire to obtain title under the Homestead Act of 20th May, 1862, they can do so on complying with the enclosed circular, dated 30th October, 1862.

The circular herewith, dated April 18, 1864, shows how parties in the military or naval service may, whilst in actual duty, acquire the inceptive title without going to the district office.  After entry the soldier or sailor stands excused from actual residence during the period after entry, in which he may be in actual service; but when discharged must immediately go on the tract, reside there, and cultivate for the residue of the full period of five years from date of entry.  The five-year settlement is an absolute, unconditional requirement in regard to all persons, except as stated, as to soldiers or sailors in actual service, who only for the period in which after entry they are in such service are relieved, but with the positive requirement that after discharge they must go on the land and reside upon and cultivate it as their home until the expiration of the five years.

5th.  The law confines homestead entries to surveyed lands; and although, in certain States and Territories noted in the subjoined list, pre-emptors may go on land before survey, yet they can only establish their claim after return of survey, but must file their pre-emption declaration within three months after receipt of official plat, at the local land office where the settlement was made before servey.  Where, however, it was made after survey, the claimant must file within three months after date of settlement; and where actual residence and cultivation have been long enough to show that the claimant has made the land his permanent home, he can establish his claim, and pay for the same, at any time before the date of the public sale of lands within the range of which his settlement may fall.

6.  All unoffered surveyed lands not acquired under pre-emption, homestead, or otherwise, under express legal sanction, must be offered at public sale under the President's proclamation, and struck off to the highest bidder, as required by the act of 24th April, 1820.

J. M. EDMUNDS,
Commissioner General Land Office.