Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-08-28
PRE-EMPTIoN LAW OF JUNE 10, 1888

Circular to Registers and Receivers of thc
United States Lend Offices, by order Of
the Secretary Of the treasury.
GENERAL LAND OFFICE, July % 1884.
lemen:-Annexed is a copy of an
act of Congress, approved 18Th June, 1873 /
entitled IAN act to revive the act entitled
Gan act to grant presumption .ghts to set
tiers on the public lands approved May
29lb, $780," together with a copy of the
former act.
LIST. The recent act provides "that eve
ry settler or occupant of the public lands,
prior to the passage of thi, act, who is now
in possession, and cultivated any part there
of in the year 1888, shall be entitled to all
The benefits and privileges provided by the
act entitled 'An act to grant pre- cmption
rights to settlers on the public lands,' ap,
proved May 29ih, 1880. and the said act is
hereby revived, and shall continue 10 force
two years from the passage ofthis act, and
no longer" to wit, the 18th of June, 1896.
I'd. The fact of cultivation in eighteen
hundred and dirty-three, and that Of pos
session of the land applied for on the nine
.four,must be established by the affidavit Of
the claimant, supported by such corrobo-
raive testimony of disinterested witnesses
as may be satisfactory to you both. The
evidence must be taken by justice of the
peace, IN the presence of the Register and
Receiver, wherever convenient, and be in
answer to such interrogatories, to be pro-
pounded by them, as may be best ca!cula-
ted TO elicit the truth; and when not con-
venient for the witnesses to attend before
the Register and Receiver, the evidence is
to be taken by justice of the peace, and
be in answer to such interrogatories TO be
propounded by him, as shall be best cacu-
lated to elicit the truth.
The credibiity of the testimony is 10 he
certified by the justice of the peace, and
by such other persons in the neighorhood
as can certify the same.
3d. Possession or 18th June, 1884, and
cultivation in 1888, are both essential to
the comforting of the prescription privilege,
the absence of either of which requisites
will vitlate the claim. The building Of
mill is possession but, without actual
cultivation, it does not confer the privilege
under the law. The extent and nature of
the cultivation are points concerning which
the law is silent. The cultivation Of crop
Of grain, csculent roots, or rather vegeta-
bles of ordinary culture in the peculiar
section of the country, is to he regarded
as sufficient as respects the requisite oiscul-
tipation," together with the ordinary fence
or suitable enclosure, or, when no crop or
product has been taken from the land, and
il shall appear to your satisfaction that the
claimant has, in good faith, made the usual
preparations for crop: as, when we shall
have cleared ground and enclosed the field
and ploughed the soil preparatory TO the
ensuing seed time, and with intent to sow
or plant, such shall be regarded and taken
as sufficient cultivation to enlite him to the
benefit of the act.
The erection of a dwelling house for the
purposes of habitation will be regarded lis
a requisite OF "posSession."
9TH. The provisions OF the act are not IA
vaiiai,le to any person or persons who shall
fail to make the proof and paymentreqnir-
ed before the day appointed for the com
mencenlent of the sales oil lands including
the tract or tracts on which the right OF
pre- .emplion is claimed; nor can the right
of pre-empllon extend to any land which
is reserved from sale by act of Congress
or by order of the president, or which by
law may have been appropriated for any
purpose whatsoever.
9Th. Should any tract of land, subject
TO private entry at the date of the act, be
entered at ordinary private sale, and pre-