payment prescribed by the statute, as hereinbefore mentioned, must be
made before a party will be entitled to a patent under the homestead
law, and such proof is required to be made within seven years from the
date of the entry. Commissions equal to 2 per cent upon the Government
price for the land, computed at $1.25 per acre, under section 2357,
United States Revised Statutes, must also be tendered with the final
proof. Interest at 4 per cent per annum on the purchase price of the
land must be paid from the date of the entry to date of final payment of
purchase money. (See sections 2238 and 2291, U.S. Revised Statutes, and
sections 10 and 13 of the act of March 3, 1893, 27 U.S. Statutes at
Large, p. 640.)
15. The parties named in paragraph 6 of these regulations are entitled
to have the term of service in the Army or Navy under which the claim is
made, not exceeding four years, deducted from the period of five years'
residence or cultivation required as stated in the preceding paragraph,
or, if the party was discharged from service on account of wounds or
disabilities incurred in the line of duty, the whole term of enlistment,
not exceeding four years, may be deducted. (See section 2305, U.S.
Revised Statutes.)
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. Revised
Statutes.)
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.
Revised Statutes.)
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 faith, the law will be
considered as having been substantially complied with.
19. Town-site claims maybe initiated upon said lands under the statutes
by two methods, which are separate and distinct in character. The
regulations und
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