Page:All Over Oregon and Washington.djvu/364

358 $1.25 per acre, except in the case of alternate sections embraced in any railroad reservation, which is $2.50 per acre.

Should the settler die before establishing his claim within the period limited by law, the title may be perfected by the executor, administrator, or one of the heirs, by making the requisite proof of settlement and paying for the land.

'In the case of a settlement made on unsurveyed lands, the claimant must file notice of settlement within three months after the receipt of the township plat at the District Land Office, and make proof and payment as required in the case where surveys had been made previous to settlement.

—The Homestead Law gives to every citizen of the United States, or foreigner declaring his intention to become such, the right to a homestead on surveyed lands. This is conceded to the extent of one quarter-section, or 160 acres, of land not embraced within the limits of railroad or other reservation, or eighty acres, when the location is made on alternate sections embraced within such reserves. To obtain homesteads the party must make affidavit that he is the head of a family, or a single man over twenty-one years of age; that he is a citizen or has declared his intention to become one, and that the location is made for his exclusive use and benefit for actual settlement and cultivation. The fees and expenses connected with the location of a homestead in Oregon are twenty-two dollars when the full amount of land is taken, or eleven dollars if half the quantity allowed by law is located. On making the affidavit before the Register and payment of the fees, a duplicate receipt will be given, which vests an inceptive right in the settler, and upon faithful observance of the law, which requires continuous settlement and cultivation for the period of five years, and upon proper proof of that fact to the Land officers within two years after the time has expired, certificates will be issued as a basis of a complete title to the land.

Where a homestead settler dies before the consummation of his claim, the heirs may continue the settlement and obtain title upon requisite proof at the proper time.

A. homestead settler can not sell his claim until after his title is complete, but he can at any time relinquish his claim by surrendering his receipts, after which he is not allowed to make another settlement under the Homestead Law.

A settlement made under the Pre-emption Law may be changed to a homestead entry, if no adverse right intervenes.