The Arkansas advocate., 1834-11-28
October 23d. lS34.

presentations made to the Department re- specting the operations of the third clause of the instructions contained ln the circular letter of 22d July last, l have to inform you that the Secretary of the Treasury, unwilling to withhold the advantages of the late pre-emption law from applicants who, may have meritorious and substantial claims to its benefits, and who, by reason of circumstances peculiar in their charac- ter, have no actual residence. on the land claimed, has concluded so to modify the instructions complained of, as to admit as exceptions from the general principle, such cases of the character referred to, as in the exercise of sound and liberal discre- ton, on your part, shall appear from facts, satisfactorily proved, to come within the meaning and intent of the act. The fol- lowing are cited as examples of the cases expressly referred to;
 Where the cultivation may have been. made by an unmarried person, without family, boarding and lodging with another family resident on tract adjoining, or in theimmediate vicinity of his improvements; or by married person living in similar manner where there has been actual and bona ffide intention to reside on the land cultivated, but where the preparation was not complete, or the intention was frusira- ted by unavoidable accident where the tract cultivated may have been necessary and integral portion of farm or plantation of an individual residing on an adjoining tract. and where, without the aid of the proceeds of such additional cultivation, he could not have maintained himself and family, and continued to reside where he did orwhere, by reason of the unhealthy location of the lands cultivated, the indi- vidual may have fixed his residence on neighboring tract. In all these cases, and others analogous in their circumstances and spirit, where the facts are distinctly proved, and where, in the exercise of a sound and liberal discretion, you are satis- fled that they come within the meaning and intent of the law, the third clause of the circular letter referred to, which regards the erection of a dwelling house for the pur- pose of habitation as requisite of pos- session." Is modified so as to admit the right Of entry.
 2d. No pre-emption right to section No. i6,Teserved for schools, can Do sustained under existing laws, nor will the act of 9th June, 1884, admit of floating right of pre-emptlon elsewhere, in virtue of a settlement and improvement in the six teenth section. Individual claimants con sidering themselves aggrieved, under such circumstances, will have to prefer their claims to Congress.
 3d. Where an individual establishes d right of pre-emption to fractional section containing less than one hundred and sixty acres, or to half quarter section, the other half of which was sold previous to the date of the Act, or to aresidua,y quarter quarter' of a section, (which residuary quar- ter quarter must have been made such by locations made under the Act of 9th April 1892. inasmuch as quarter quarters of sec, tions cannot originally be selected, as such unde: the pre-emption law,) in all such ca ses, the fraction, the half quarter, or the quarter quarter, is to be regarded as se- parate and distinct tract, beyond the quan. tity of which the party can claim no righ, to locate elsewhere, or on adjoining lands but in cases where two CT more indiyid- uals are settled on any one such tract, the iauo first actAdl settlers are entitled to entel m tl,esy joint na,nes, and each of these two is entitled to receive a floating right tc eighty acres elsewhere.
 4th. Where A. settled on and cultivated tract of public land in 1883, and prior tc the 18th June, 1884, sold his right to B who continued to improve and occupy tho same on that day, E. Is regarded as ent tied to the benefits of the Act.
 9th. Where A. cultivated a tract of pub. lie land in 1883, and had placed B. thereon as tenant in possession, who continued tc improve and cultivate the same on l9tf June. 1884, A. is regarded 'as entitled tc the right of pre-emption, on due proof Q cultivation and occupancy as required b, the Act. But in case A. prior 10 the yea 1888, has placed tenant on u tract O public land, who cultivated and possessed agreeablyto the tenor of the Act, the rgh of pre,emptlon IS 10 accrue to the te nant.
 9th. The testimony heretofore required tosbe taken, before justice of tho peace may also be taken before notary public or any other officer duly qualified to admin ister oaths.
 '7th. Where there were more than two actual settlers on tract, floating rights accrue to the t,ro first actual settlers, and to none of the others.
 6th. Quarter quarters of sections are cre- ated only by the operation of the Act of 9th April, 1882, entitled An Act supplemen-