Page:United States Statutes at Large Volume 28.djvu/1256

 1234 PROCLAMATIONS. N0. 5. °f*i$”$°°j°¤¤°¤‘°**h 16. Where a homestead settler dies before the consummation of his ' claim, the widow, or, in case of her death, the heirs or devisee may continue settlement or cultivation, and obtain title upon requisite proof at the proper time. If the widow proves up, title will pass to her; if she dies before proving up and the heirs or devisee make the proof, the title will vest in them, respectively. (See section 2291 U. S. B. S.). 17. Where both parents die, leaving infant children, the homestead may be sold for cash for the benefit of such children, and the purchaser will receive title from the United States. (See section 2292, U.S. R. S.). 18. In case of the death of a person after having entered a homestead, the failure of the widow, children, or devisee of the deceased to fulfill the demands of the letter of the law as to residence on the lands, will not necessarily subject the entry to forfeiture on the ground of abandonment. If the land is cultivated in good iaith the law will be considered as having been substantially complied with. '!¤v¤ ¤i*»¤•- 19. Town site claims may be initiated upon said lands, under the statutes, by two methods, which are separate and distinct in characterthe regulations under the first method are hereinafter set forth in paragraphs twenty, twenty-one and twenty-two, and under the second method in paragraphs twenty-three to twenty-eight, inclusive. Provision is further made for town-site entries in cases where lands entered under the homestead law are required for town-site purposes as set forth in paragraph thirty. Hhsrw- 20. Parties having founded or who desire to found a city or town on the public lands, must file with the recorder of the county in which land is situate a plat thereof, describing the exterior boundaries of the land according to the lines of public surveys. Such plat must state the name of the city or town, exhibit the streets, squares, blocks, lots and alleys, and specify the size of the same, with measurements and area of each municipal subdivision, the lots in which shall not exceed 4,200 square feet, with a statement of the extent and general character of the improvements. The plat and statement must be verined by the oath of the party acting for and in behalf of the occupants and inhabitants of the town or city. Within one month after filing the plat with the recorder of the county a verified copy of said plat and statement must be sent to the General Land Office, accompanied by the testimony of two witnesses that such town or city has been established in good faith, and a similar map and statement must be med with the Register and receiver of the proper district oinee. Thereafter the President may cause the lots embraced within the limits of such city or town to be otlered at public sale to the highest bidder subject to a minimum of ten dollars for each lot; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminution thereafter as the Secretary of the Interior may order from time to ‘ time, after at least three months’ notice, in view of the increase or decrease in the value of the municipal property. Any actual settler upon any lot and upon any additional lot upon which he may have substantial improvements, shall be entitled to prove up and purchase the same as a pre-emption, at such minimum, at any time before the day fixed for the public sale. (See section 2382 U. S. R. S.) sue umm nn- 21. In case the parties interested shall fail or refuse, within twelve "”° °° m' i’“*· months after founding a city or town, to file in the General Land Omce a transcript map, with the statement and testimony, as required in paragraph twenty, the Secretary of the Interior may cause a survey and pkiig to be made of tsaiidh city or town, and thereafter the lots will be so at an increase 0 y per cent on the minimum ri e lot. (See section 2384 U. S. R. S.).,, P c of $10 per 22. When lots vary in size from the limitation of 4200 square feet, and the lots, buildings, and improvements cover an area greater than 640 acres, such variance as to size of lots or excess in area will prove no bar to entry, but the price of the lots may be increased to such rea-