Encroachments. 913. Notice to Occupant To Remove Encroachment. PLEASE take notice, that an order, of which a copy is hereto annexed, has been duly made by the commissioners of highways of the town of and you are required, according to the statute, to remove the fence therein mentioned within sixty days after service of this notice. [Date.] [Signatures of] Commissioners. 914. Denial of Encroachment by the Occupant. : To the commissioners of highways of the town of PLEASE take notice, that I deny that the highway is encroached upon as stated in the order made by you, dated your notice to me, dated 18 and referred to in 18 or in any way or manner encroached upon, along the lands occupied by me. [Signature.] 915. Precept To Summon Jury, in Case of An Encroachment.(e) COUNTY OF To any constable of the said town, greeting: You are hereby commanded to summon twelve freeholders of the said town of to meet at the house of instant, at o'clock in the in said town, on the day of noon, to inquire whether any encroachment has been made, and by whom, on the highway running by [or, through] the land now occupied by A. B., in said town; and to give at least three days' notice to the commissioners of highways of said town, and to A. B., of the time and place at which the said freeholders are to meet; and have you then there the names of the freeholders summoned by you, and this precept. 916. Notice to the Commissioners and Occupant, of the Meeting of Jury. PLEASE take notice, that twelve persons, freeholders of the town of have been duly summoned to meet at the house of town, on the day of quire in regard to the alleged encroachment upon the highway in said town, where it runs through [or, by] the lands occupied by A. B. Homesteads. CHAPTER XLIV. HOMESTEADS. The Homestead law of the United States(a) gives to every person who is the head of a family, or who is 21 years of age, and is a citizen of the United States, or has declared his intention of becoming such, and who has done no disloyal act, direct or indirect, and any such person who, though a minor, has served not less than fourteen days in the army or navy of the United States, either regular or volunteer, during actual war, domestic or foreign, has the right to enter one quarter-section, or a less quantity, of unappropriated public land, upon which he may have filed a pre-emption claim, or which, at time of application, is subject to pre-emption at $1.25 per acre; or eighty acres, or less, of such unappropriated lands at $2.50 per acre. The land must be located in one body, in conformity to the legal subdivisions of the public lands, and after the same shall have been surveyed. Any person owning and residing on land may enter contiguous land, which, with that already owned and occupied, shall not exceed in the aggregate one hundred and sixty acres. The application must be filed with the register of the proper Land-office, and designate the tract desired to be entered. The applicant must also file his affidavit, to be taken before the register or receiver, setting forth the facts which bring his case within the requirements of the law. The patent will issue after five years' settlement. Lands acquired under this act are not liable for debts contracted prior to the issuing of the patent. Abandonment of the land for more than six months, at any time within the five years, causes forfeiture. Exemption of Homesteads.-By the laws of some of the States, homesteads owned by the heads of families, and occupied by them, are exempt from sale on execution. The statute of New York(b) enables the householder having a family to secure such an exemption by having the conveyance to him drawn so as to show that the property is designed to be held as a homestead; or, if already purchased, or the conveyance does not show such design, a notice that the same is designed to be so held must be executed and acknowledged by the person owning the property, which shall contain a full description thereof, and must be recorded in the office of the clerk of the county in which the property is situated. The exemption does not extend to sales for non-payment of taxes or assessments, or for a debt contracted for the purchase of the property, or prior to the recording of the deed or notice, or for any debt contracted on or before the 10th of April, 1850. Nor does the exemption extend to a cause of action for a tort. The exemption is a mere personal privilege, which the statute secures to the debtor, and to his widow and children after his decease; and does not run with the land, and cannot be transferred to another with the land. If, in the opinion of a sheriff holding an execution against such householder, the premises claimed as exempt exceed one thousand dollars in value, he is to summon six jurors to appraise them. (a) Laws of 1862, 12 Stat. at L., 892; (b) Laws of 1850, ch. 260. and of 1864, 18 lb., 85. APPLICATION I. ENTRY OF PUBLIC LANDS FOR HOMESTEAD. LAND-OFFICE AT I, A. B., of do hereby apply to enter, under the provisions of the act of Congress approved May 20, 1862, entitled "An Act to secure homesteads to actual settlers on the public domain," and the acts amending the same, the taining in township of range con of section acres [in pre-emption cases add, having filed my pre-emption declaration thereto on the day of 18 ]. [Signature.] APPLICATION 918. The Same; By Absent Soldier or Sailor. STATE OF , County of [Date.] I, A. B., of being in the military [or, naval] service of the United States, do hereby apply to enter, under the provisions of the act approved March 21, 1864, amendatory of the Homestead act approved May 20, 1862, and for other purposes, a certain tract of land which C. B. my wife [or other duly authorized representative] is hereby authorized to designate, at the foot of this application, as my homestead, and which I hereby agree to hold as my own selection. [Signature.] Attest: M. N., Commanding Officer at [Rank and service.] I, C. B., wife [or other duly authorized representative] of A. B., as named in the foregoing application, No. do hereby designate the tract selected Homesteads. 919. Certificate of Register. LAND-OFFICE AT I, register of the Land-office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under the Homestead act of May 20, 1862, and that there is no prior, valid adverse right to the same. [Signature of] Register. 920. Affidavit of Applicant for Homestead. LAND-OFFICE AT I, A. B., of having filed [or, being now in the military-or, navalservice of the United States, and proposing to file] my application, No. for an entry under the provisions of the act of Congress, approved May 20, 1862, entitled "An Act to secure homesteads to actual settlers on the public domain," and the acts amending the same, do solemnly swear that [here state whether applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such; or, if under twenty-one years of age, that he has served not less than fourteen days in the army or navy of the United States during actual war; and add in all cases :] that he has never borne arms against the Government, or given aid and comfort to its enemies; that said application, No. is made for his [or, her] exclusive use and benefit; and that said entry is made for the purpose of actual settlement and cultivation, and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever. (c) The act of 1864 (§ 3) relieves parties from personal attendance at the district land-office, in making homestead entries, who are prevented from such attendance by reason of distance, bodily infirmity, or other good cause. This class of persons the law allows to make the affidavit required by the original statute "before the clerk of the court for the county in which the applicant is an actual resident." The above form of affidavit may be used in this class of cases by adding, in the body of the affidavit, the averment, under oath, stating explicitly the cause of disability. [Signature.] Exemption. II. EXEMPTION FROM EXECUTION FOR DEBT. 921. Notice of Design to Hold a Homestead as Exempt from Execution. To whom it may concern: Take notice, that I design to hold as a homestead exempt from sale on execution, according to the provisions of the act entitled "An Act to exempt from sale on execution the homestead of a householder having a family"-passed April 10, 1850-the following described property and premises: [here describe the premises in full, in the same manner as in a deed]. [Date.] [Signature.] 922. Acknowledgment of the Foregoing. On this 88. " day of 18 before me personally came A. B., to me known to be the individual who executed the above notice, and acknowledged that he executed the same for the purpose therein mentioned. [Signature and title of officer.] 923. Clause in Deed Securing the Premises as a Homestead. The premises above described and hereby conveyed, are designed to be held as a homestead, exempt from sale on execution, according to the "Act to exempt from sale on execution the homestead of a householder having a family;" passed April 10, 1850. 924. Waiver of Exemption. [If not contained in a contract or other instrument, commence by reciting the consideration-e. g., thus:] WHEREAS I am indebted to Y. Z. in the sum of dollars, for which I have confessed judgment to him [or, he has obtained judgment against me: Now, THEREFORE, and in consideration of one dollar to me paid], I do hereby release and waive any and all benefit or advantage, by virtue of the "Act to exempt from sale on execution the homestead of a householder having a family"-passed April 10, 1850 -so that any property held by me as exempt under it or by virtue thereof may be levied upon and sold on any execution issued against me for any demand owing to the aforesaid Y. Z. 925. Oath of Jurors Summoned by Sheriff to Appraise Homestead. You and each of you do solemnly swear, that you will well and truly perform the duties of a juror in regard to the matters submitted to you, according to the Homestead law of this State. |