USA > Michigan > Sanilac County > Atlas of Sanilac County, Michigan : containing maps of every township in the county, with village and city plats, and outline map of the county, also maps of Michigan, United States and the world > Part 10
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16. A false oath taken before a clerk of a court is perjury, the same as if taken before the Register or Receiver.
17. The period of actual inhabitancy, improvement and cultivation required under the homestead law is five years.
18. In case of the death of the homestead party, before making final proof, the widow succeeds to the homestead right.
19. In case of the death of both father and mother, the right and fee inure to the minor children, if any.
20. A homestead right cannot be devised away from the widow or minor children.
99
GOVERNMENT LANDS-CONTINUED.
SOLDIERS' HOMESTEADS.
21. A Union soldier or sailor of the late war is entitled to a deduction from the five years of the length of time (not exceeding four years) of his military service. But the soldier (or his widow, as the case may be) must actually reside on the land at least one year before final proof can be made.
22. In case of the death of the soldier, and the death or remarriage of the widow, the minor children of the soldier, by a duly appointed guardian, are entitled to the privileges of the father.
23. Neither the guardian nor the minor children are required to reside upon the land, but the same must be cultivated and improved for the period of time during which the father would have been required to reside upon the tract.
24. The soldier may file a declaratory statement for a tract of land which he intends to enter under the homestead laws. The fee is $2, except in the Pacific States and Territories, where the fee is $3.
25. This statement may be filed either personally or by an agent, and the soldier is thereafter allowed six months within which to make his entry and commence his settlement and improvement.
26. The entry can be made only by the soldier in person at the Local Land Office, and he must commence his settlement on the land within six months after the filing, and must continue to reside on the land and cultivate it for such period as, added to his military service, will make five years. But he must actually reside upon the land at least one year, whatever may have been the period of his military service.
27. Entries cannot be made for a soldier by an agent or attorney.
28. After a declaratory statement has once been filed, whether by an agent or otherwise, the soldier cannot file again. His rights are exhausted by the first filing, and if he does not, within six months, make his personal entry at the Land Office and com- mence his settlement as required by law, he obtains no right to the land.
29. A soldier's homestead declaratory statement for a tract of land does not pre- vent anybody else from making an entry of the same land, subject to such right as the soldier may acquire by virtue of actual residence on the land and full compliance with law. If the soldier does not establish his residence on the tract as required, the next comer may take the land.
30. Soldiers are not entitled to land, nor to bounty land warrants, for their military service in the late war, nor can title to land be obtained for them by agents or attorneys. All representations to the contrary are false, and soldiers and sailors are warned against imposition by parties who offer to locate land for them, or to sell their rights.
FINAL PROOF.
31. A settler desiring to make final proof must file with the Register of the proper Land Office a written notice, in the prescribed form, of his intention to do so, which notice will be published by the Register in a newspaper to be by him designated as nearest the land, once a week for six weeks, at the applicant's expense.
32. Applicants should commence to make their proofs in sufficient time so that the same may be completed and filed in the local office within the statutory period of seven years from date of entry.
33. The final affidavits and proof should be made before the Register or Receiver, but may be made before the judge, or, in his absence, before the clerk, or a court of record in the county and State, district or Territory, in which the land is situated. If in an unorganized county the proof may be made in a similar manner in any adjacent county in the same State or Territory.
34. When proof is made before the county officers mentioned, the same must be transmitted by the judge or clerk of the court to the Register and Receiver, together with the same fees and commissions that the land officers would have been entitled to receive if the proof had been made before them and the testimony reduced to writing by them.
35. The Land Office commissions, payable at time of making final proof, are as follows :-
In Alabama, Arkansas, Dakota, Florida, Iowa, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri and Nebraska :---
Land at $2.50 per acre.
For 160 acres $8.00
For 80 acres. 4.00
For 40 acres. 2.00
Land at $1.25 per acre.
For 160 acres. $4 00
For 80 acres .. 2.00
For 40 acres 1.00
In Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming :---
Land at $2.50 per acre.
For 160 acres $12.00
For 80 acres. 6.00
For 40 acres.
3.00
Land at $1.25 per acre.
For 160 acres. $6.00
For 80 acres. 3.00
For 40 acres.
1.50
36. The fees for reducing testimony to writing in making final proof are, in the former States, 15 cents, and in the latter States and Territories, 221/2 cents for each 100 words. No other Land Office fees than those stated in this circular are payable or allowable in homestead cases.
COMMUTED HOMESTEADS.
37. Homestead entries can be commuted to cash only after actual inhabitancy of the land by the homestead party, and his improvement and cultivation of it of for a period of not less than six months.
38. A person who commutes a homestead entry cannot move from the tract and settle upon other public land in the same State or Territory as a pre-emptor.
39. Proof of settlement and cultivation for the prescribed period is to be made in the same manner as in pre-emption cases.
40. A person commuting a homestead entry when he has not actually resided upon the land and improved and cultivated it as required by law, forfeits all right to the land and to the purchase-money paid, and in addition thereto renders himself liable to criminal prosecution.
THE PRE-EMPTION LAW.
41. The qualifications required of a pre-emptor are that he (or she) shall be a citizen of the United States (or have declared an intention to become such); over 21 years of age or the head of a family ; an actual inhabitant of the tract claimed ; and not be the proprietor of 320 acres of land in any State or Territory. ..
42. A person who has removed from land of his own to reside on public land in the same State or Territory, or who has previously exercised his pre-emption right, is not a qualified pre-emptor.
43. Lands included in any reservation, or within the limits of an incorporated town, or selected as the site of a city or town, or actually settled and occupied for purposes of trade and business and not for agriculture, or on which there are any known salines or minerals, are not subject to pre-emption.
44. If the land is surveyed, but has not been " offered," the declaratory statement must be filed within three months from date of settlement. If upon " offered " land, the filing must be made within thirty days.
45. If the land is unsurveyed at the time of settlement, the declaratory statement must be filed within three months after the date of filing the township plat in the local office.
46. Failure to file a declaratory statement within the time prescribed makes the land liable to the claim of an adverse settler who does file notice of his intention at the proper time.
47. The Land Office fee for filing a declaratory statement is $2, except in the Pacific States and Territories, where the fee is $3.
48. A pre-emption filing can be made only by an actual settler on the land. A filing without settlement is illegal, and no rights are acquired thereby.
49. The existence of a pre-emption filing on a tract of land does not prevent another filing to be made of the same land, subject to any valid rights acquired by virtue of the former filing and actual settlement, if any.
50. On offered lands proof and payment must be made within twelve months from date of settlement.
51. If the land is unoffered, proof and payments may be made within thirty-three months from date of settlement.
52. A failure to make proof and payment as prescribed by law, renders the land subject to appropriation by the first legal applicant.
53. The requirements of actual inhabitancy and improvement must be observed as strictly under the Pre-emption Law as under the Homestead Law.
54. Failure to inhabit and improve the land in good faith, as required by law, renders the claim subject to contest and the entry to investigation and cancellation.
55. Final proof in pre-emption cases must be made to the satisfaction of the' Register and Receiver, whose decision, as in other cases, is subject to examination and review by this office.
56. Publication of notice to make proof is required as in homestead cases.
57. The final affidavit must be made before the Register or Receiver, or before the clerk of a court of record in the county and State or Territory where the land is situated. If in an unorganized county, the proof may be made in a similar manner in any adjacent county in the same State or Territory.
58. The pre-emptor is required to make path that he has not previously exercised his pre-emption right; that he is not the owner of 320 acres of land; that he has not settled upon and improved the land to sell the same on speculation, but in good faith to appropriate it to his own exclusive use; that he has not made any contract or agreement, directly or indirectly, in any way or manner, with any person whomsoever, by which the title he may acquire from the United States shall inure in whole or in part to the benefit of any person except himself.
59. Any person swearing falsely forfeits all right to the land and to the purchase- money paid, besides being liable to prosecution under the criminal laws of the United States.
THE TIMBER CULTURE ACT.
60. A timber culture applicant is required to make oath that his entry is made for the cultivation of timber and for his own exclusive use and benefit; that he makes the application in good faith and not for the purpose of speculation, nor directly or indirectly for the use or benefit of any other person or persons whomsoever ; and that he intends to hold and cultivate the land and to wholly comply with the provisions of the act.
61. Claimants under the timber culture act will be held to a strict compliance with the terms and conditions of the law.
100
GOVERNMENT LANDS-CONTINUED.
62. Not more than one-quarter of any section can be entered under this act.
63. Where 160 acres are taken, at least five acres must be plowed within one year from date of entry. The following, or second year, said five acres must be actually cultivated to crop or otherwise, and another five acres must be plowed. The third year the first five acres must be planted to trees, tree seeds or cuttings, and the second five acres actually cultivated to crop or otherwise. The fourth year the second five acres must be planted to trees, tree seeds or cuttings, making, at the end of the fourth year, ten acres thus planted to trees.
64. Perfect good faith must at all times be shown by claimants. Trees must not only be planted, but they must be protected and cultivated in such manner as to promote their growth.
65. Final proof may be made at the expiration of eight years from date of entry. It must be shown that for the said eight years the trees have been planted, protected and cultivated as aforesaid; that not less than 2,700 trees were planted on each of the ten acres, and that at the time of making proof there are growing at least six hundred and seventy-five (675) living trees to each acre.
66. Where less than one-quarter section of land is entered, the same proportionate amount of plowing, planting and cultivation of trees must be done as required in entries of 160 acres.
67. If the trees, seeds or cuttings are destroyed in any one year they must be replanted. A party will not be released from a continued attempt to promote the actual growth of timber or forest trees. A failure in this respect will subject the entry to cancellation.
68. Only an applicant for the land under the timber culture or homestead laws can institute a contest under the third section of the Act of 1878.
69. Contestants have a preference right of thirty days after cancellation in which to make entry of the land.
70. The Government will at any period, upon proper application to contest, or upon its own information, investigate alleged fraudulent or illegal timber culture entries, or alleged failure to comply with the law after entry, and such entries will be cancelled upon sufficient proof either of illegality or failure to comply with the law.
71. The Land Office fee for an entry of more than eighty acres is $14; for eighty acres or less, $9.
CAUTION TO APPLICANTS.
Persons making filings or entries under the homestead, pre-emption or timber culture acts, are cautioned that the laws authorize entries to be made only for the use and benefit of the party making the same, and that entries or filings are not allowed by law to be made for the benefit of others nor for speculation, but all entries must be made in good faith and the requirements of law must be honestly and faithfully complied with.
REVISED STATUTES OF THE UNITED STATES.
SEC. 2246. The Register or Receiver is authorized, and it shall be their duty to administer any oath required by law or the instructions of the General Land Office, in connection with the entry or purchase of any tract of the public lands ; but he shall not charge or receive, directly or indirectly, any compensation for administering such oath.
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.
SEC. 5393. Every person who procures another to commit any perjury is guilty of subornation of perjury, and punishable as in the preceding section prescribed.
SEC. 5540. If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not less than one thousand dollars and not more than ten thousand dollars, and to imprisonment not more than two years.
SEC. 5479. If any person shall falsely make, alter, forge or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid or assist in the false making, altering, forging or counterfeiting, any bond, bid, proposal, guarantee, security, official bond, public record, affidavit or other writing for the purpose of defrauding the United States, or shall utter or publish as true, or cause to be uttered or published as true, any such false, forged, altered or counterfeited bond, bid, proposal, guarantee, security, official bond, public record, affidavit or other writing for the purpose of defrauding the United States, knowing the same to be false, forged, altered or counterfeited, or shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, the office of any officer of the United States, any such false, forged, altered or counterfeit bond, bid, proposal, guarantee, security, official bond, public record, affidavit or other writing, knowing the same to be false, forged, altered or counterfeited for the purpose of defrauding the United States, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment at hard labor for not more than ten years, or by both such punish- ments.
ALABAMA.
DAKOTA TER .- Continued.
MICHIGAN .- Continued.
Huntsville. Montgomery.
Watertown. Fargo.
Reed City. Marquette.
NEW MEXICO TER. Santa Fé. Las Cruces.
Yankton.
MINNESOTA.
OREGON.
Little Rock.
Deadwood.
Saint Cloud.
Roseburg.
Harrison.
Grand Forks.
Fergus Falls.
Lakeview.
ARIZONA TER.
FLORIDA.
Tracy.
Prescott.
Gainesville.
Benson.
UTAH TER.
Tucson.
IDAHO TER.
Crookton.
Salt Lake City.
CALIFORNIA.
Boise City.
WASHINGTON.
San Francisco.
Olympia.
Marysville.
Vancouver.
Humboldt.
MISSOURI.
Walla Walla.
Stockton.
Boonville.
Colfax.
Visalia.
Ironton.
Yakima.
Sacramento.
Des Moines.
Springfield.
WISCONSIN.
Los Angeles.
KANSAS.
MONTANA.
Menasha.
Topeka.
Miles City.
Falls of St. Croix.
Bodie.
Independence.
Bozeman.
La Crosse.
COLORADO:
Wichita.
NEBRASKA.
Bayfield.
Denver City.
Kirwin.
Eau Claire.
Leadville.
Concordia.
WYOMING TER.
Pueblo.
Wa-Keeny.
Niobrara.
Del Norte.
Oberlin.
Grand Island.
Lake City.
North Platte.
Gunnison.
LOUISIANA.
Bloomington.
Durango.
New Orleans.
Valentine.
Glenwood Springs.
Natchitoches.
McCook.
DAKOTA TER. Mitchell.
MICHIGAN.
NEVADA.
Detroit.
Devils' Lake.
Grayling.
Carson City. Eureka. .
NOTE .- By Act of July 31, 1876, the Land Offices in Ohio, Indiana and Illinois were abolished ; and by Act of March 3, 1877, the vacant tracts of public land in Ohio, Indiana and Illinois are made subject to entry and location at the General Land Office, Washington, D. C. (See Regulations, on page 24.)
ARKANSAS.
Bismarck.
Taylor's Falls.
Oregon City.
Camden.
Aberdeen.
Duluth.
Le Grand.
Dardanelle.
Huron.
Worthington.
The Dalles.
Lewiston.
MISSISSIPPI.
Oxford.
Jackson.
Hailey.
Cœur d'Alene.
IOWA.
Susanville.
Salina.
Helena.
Wausau.
Central City.
Larned.
Lincoln. :
Cheyenne.
Evanston.
Garden City.
Alaska.
Sitka.
Neligh.
Beatrice.
Shasta.
Redwood Falls.
PATRONS' DIRECTORY.
GREENLEAF TOWNSHIP.
Name.
Section. Occupation. Post Office. Nativity. Set. in Co.
James McNeal. 6 ... Mer., Town Clk. and P. M .. Greenleaf ...... Canada .1882 H. H. Harrison Vill. ... Prop. Harrison House ..... Forestville ..... America .. 1872
Albert Wickware. ..... 34 ...... P. M. and Justice of Peace .. Wickware ....
W. Weydemeyer ..
.... 36 ...... Farmer and Supervisor ...
Scotland .. 1860
Thomas Nicol ... .... 35 ...... Farmer, Co. Drain Com ...
John McCallum.
6 ...... General Blacksmith .......
. Greenleaf .Canada ......... 1880
James A. Greenleaf ..... 24 ...... Frm., and Stock Breeder .. Cumber.
George Kivel.
.Merchant and P. M ......... Holbrook
=
Scotland ... 1860
John Shewfelt .. .. 13 ...... Farmer
B. C. Birdsall
. 13 ...... Farmer
4
... 1885
Henry Kivel.
.. 21 ...... Farmer
Spencer Gale. .27 ...... Farmer, School Director .. Wickware ..
H. M. Sansburn ...
... 27 ...... Frm., and Stock Breeder ..
Canada .1871
School District, No. 3 ......... Spencer Gale, Director ......
School District, No. I ......... Thomas Nixon, Director.
School District, No. 4 ......... B. C. Birdsall, Director.
Ida & Jennie Burt ...... 35. ... Teachers
Wickware
Sidney Davis. .28 ...
... Farmer
. America. ... 1865
John Waldon. .. 33 ...... Farmer and Apiarist.
Cass City ...... Ireland. .. 1866
Edward Hartwick ... 33 ...... Farmer
Canada .. .. 1871
T. Allen Barnes. 21 ...... Farmer
. America. .. 1872
Hugh McColl
... 9 ...... Frm., and Highway Com ..
Scotland .188 1
Alex. Mclellan. 5 ...... Frm., Ex-Townp. Treas .. Greenleaf ...... Canada
1880
Archie Gillies. 4 ..... Farmer
Born in Co. ....
John Tanner. II ...... Farmer and Carpenter ..... Holbrook ..... England
.1882
Andrew Wilson ... . 16 ...... Farmer
Cass City ...... Scotland .. 1861
W. J. M. Jones. .. 29 ..... Frm., and Justice of Peace .. ... America ....... 1870
D. L. Gilbert .. ... I5 ...... Frm., and Stock Breeder ..
.1884
Samuel Leepla . 18 ...... Frm., and Stock Breeder ..
England .1870
James Watson .... .. 35 ...... Frm., and Stock Breeder .. Wickware ...... Scotland
T. D. Barnes. 15 .... Farmer .
Andrew J. Seeger. ... 18 ...... Frm., and Stock Breeder ..
. 1886
Alex. Cleland. .. 14 ...... Farmer, Township Treas .. Holbrook. . ... Scotland .1858 Reuben Jeneraux ... Blacksmith
AUSTIN TOWNSHIP.
Name.
Section.
Occupation, Post Office.
Nativity. Set. in Co.
A. C. Graham ...
. Gen. Mer. and Supervisor .. Freiburgers' ... Scotland. .. 188 1
Alex. McDonald .. Vill
.. Merchant
Tyre
America ...... .1886
Alfred Gunning. "
.. Farmer and Hotel-keeper ..
England .1868
Mrs. A. O'Sullivan ..
.. Merchant
..... Grain Dealer, Prop. Elev .. =
America .1874
S. E. Hooper, M. D. "
Physician and Surgeon ..
Canada .1889
John W. Hunt. 22 ..
. Farmer and Carpenter ..... Freiburgers' ... ...... .. 1859 D.D.McNaughton, M.D. Vill
.... Irish Canad ... 1859
Joseph Peter .. 27.
.Frm., Biksm., Wagnmkr .. Freiburgers' ... Canada .
J. A. Graham. Vill ..... Merchant
. Cumber
.1886
Joseph Brown 30 ...... Farmer and Stk. Breeder ..
.. America ..... .1859
....
T. M. Bradshaw. .. 20 ...... Frm. and Just. of Peace ... Cumber
. Canada 1866
William Robinson ..... 31 ...... Farmer
. Born in Co ...
William Hubel. . 14 ...... Farm, and Town. Treas ... Tyre ... Canada ..... 1863
MINDEN CITY AND MINDEN TOWNSHIP.
Name. Section.
Occupation. Post Office.
Nativity. Set. In Co.
Joseph Morris City .... Mfr. of Furniture.
F. E. Burbanks.
... Real Est. and Insurance ...
.. America .1878
C. L. Messmore ... Banker.
Charles A. Bacon.
... Editor Minden Herald.
=
.1875
School District, No. 2.
W. H. Leavenworth ..... City .... Prop. Woolen Mill.
.. Minden City.
A. Mooney
... Prop. Mooney House.
William Hall
30 ...... Frm. and Stock Breeder ... Freiburgers' ... Canada .. .
... 1868
Joseph Freiburger ..... ... 30 ...... Frm., Stone Mason, Carp ..
=
.1874
Nicholas Freiburger ... 19 ...... Farmer Peter Sparling. 6 ... ... Farmer
Tyre America 1868
F. O. Hetfield
.. General Merchant.
.. America .. 1869
F. E. Durning
... Attorney.
.. 1890 Thos. Canham .... General Merchant .. .. England
Vill .... Gen. Mer. and Supervisor .. Palms ..
... Canada
.. 1870
Philip Harrison
... Veterinary Surgeon ..
.Canada .. 1893
John Brady. 24 ...... Farmer
T. F. O'Rourke 14 ...
. Farmer
E. Proctor. Vill ... Farmer
D. Murdock. .12 ...... Farmer
DELAWARE TOWNSHIP AND VILLAGES OF FORESTVILLE AND
CHARLESTON.
Name.
Section. Occupation,
Post Office. Nativity. Set, in Co.
Charles Engel I ..... Farmer and Supervisor ... Forestville ..... Germany ... .. 1879
Edward Poole.
32 ...... Farmer, Stock Breeder ... Palms ......... England ...... 1878
T. L. Ward ... IO ...... Gl. Mer., Prop. C. R. Mills .. Charleston ... America ...... 1882
N. C. Potts Vill. ... Merchant
Forestville ..... Born in Co ..........
Name. Section,
Occupation,
Post Office. Nativity. Set. in Co.
Chas. E. Schrader ..... 6
. Farmer, Stock Breeder ... Minden City .. Germany .. .. 1869
.1882 Henry Varty .. 34. Farmer, Stock Breeder ... Palms England .. 1856
Mrs. Olive Varty. Farmer and Stock Raiser .. Charleston ... Canada .. 1865
Uncle Nye ... 14 ...... Farmer and Horseman
... England ... .. 1859
Adolph Riedel.
.Prop.For. Ho., Grain Deal .. Forestville ..... Germany ...... 1873
Wm. McDonald .30 ...
Farmerand Hotel-keeper .. PalmsorUbley Canada ... .1854
John Higgins
I9 ...... Fmr., Lum., Stock Breed .. Cedardale ..... America ...... 1864
Christ. Gerstenlauer ... 14 ....
John Moll
Vill. ... Rep. 2d Dist. State Leg ... Forestville ..... America
.. 1882
J. H. Trace ..
.. General Merchant
=
Canada ... ..... 1869
Emil Zwicker
14.
. General Blacksmith ...
. Germany ...... 1883 = .1871
Theo. Kiepert .. General Merchant 44
Chris. Leonhardt Agl. Implement Dealer ...
.. Physician and Surgeon .
"
.Scotland ... 1874
Alex. Stephens, M. D .. Julius H. Hintz. 20 ..
.Farmer
Vill. ... Furniture, Undertaking ...
.. Prop. Riedel House
Prop. Meat Market
Established ... 1894
Chas. Graves.
Farmer
Charleston ..... Germany
James Mahon 9.
Farmer
Minden City .. America
Geo. Mahon. 9
.. Farmer
Charleston
Wm. Kerbyson. .. 21 ...... Farmer
EVERGREEN TOWNSHIP.
Name. Section.
Occupation.
Post Office. Nativity. Set. in Co.
David McQueen. .. 13 .....
.. Farmer
.Argyle ..
Canada .... .. 1883
James McQueen .. II.
Farmer
Wickware
.. 1881
J. B. Proctor ... 22 ...... Farmer
Shabbona
.. America .. ..... 1869
.1863 John Parrott .27 ......
Prop. Saw and Feed Mill ..
.England .... 1882
William F. Ehlers. . Vill ... Merchant
..... 1890
Frank Auslander . 16 ...... Farmer and Supervisor
Germany ........ 1880
Geo. W. Gotham ... Vill ... Merchant
America ...... 1869
H. Leslie & Sons .... 34, 35 .. Farmers, Stock Breeders ..
Canada ........ 1882
A. Lorentzen ... .23 ...... Farmer, Township Clerk.,
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