Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1838-08-11

guishsd Tor four months Immediately previous {,
The passage Of the law
lfany doubt arises in ibe application Of tbi,
4 instruction, let the case be specially stated 10 lhs
3 General Land GfIiee, and supplemental insirue-
lions will be given.
Sirih Lands acquired by treaty with the Nj.
ami Tribe Of Indians, 10 tho Stale Of Indiana OF
tho ratification Of which proclamation was made
December %, 1897.
SsrsHih. Lands included within the location
Of any incorporated town. This restriction is
such, thai # any pon Of legal subdivision fall
wilhinthe limits Incorporation the whole tract Is
exempt, because the act of 20 MAY, 1890. only
authorized entries to be made by such legal sub
divisions as were recognized by the then existing
laws.
Eight. Lands, surveyed or Otherwise, which
have been actually selected as sites for cities or
towns, lclied into smaller quantities than eighty
acres, and settled upon and Occupied for the Dur.
pose Of trade, and not for agricultural cultivation
or improvement.
This description includes those tracts which
settlers have selected with view Of building
thereon village or city,
Ninth. Lands specially occupied, or reserved
Tor town lois or other purposes, by authority Of
tho United States. This includes any land that
may be especially occupied by the army, or any
public officer, where no reservation has vet been
directed either by law, the order Of the Presi.
denl' OF act ct The Commissioner. Also, all in.
formal reservations for town lots. &c, directed
ny tue Commissioner or other agent Of The Uni
ted States, The formal approval of which has not
| yet been given by tho President; also such So.
lections for naval aud military purposes, marine
hospitals, &c. &C., which agents may have made,
and which await the approval Of the President, or
some other action, in order to render them legal. |
Tenth Selections which have been, or here. |
aiIer May be made, by any Suite, under existing |
laws Of The United Ssaicsrfor the purposes of cd
ucaIon, the use Of salt springs, sor for any other
purpose This provision Of The net posipones
Inc right Of the settler 10 those offers which tho
existing laws have made 10 tho State n which
he may i've itmny happen, the. after you have
aioweo an onfy OF Oead fds claim, The tile
wli be defeated by State selection that "mou
- '"aac LOT scat Of justice, in liou of section
~, u 'or some one OF the numerous objects now
au'horlzcd by suudry laws. II is to be hoped that
he State authorities will so much respect the
flghs Of settlers, as to avoid all necessary inter
GRUNGE Should an occuance Of the kind han. q
pen, you VIII immediately notify this Office of the
ne laci' 80 that prompt order may bc given for ,
einndlng tho purchase money, as il will be the |
'nly redress The department can give. i
Elsrsnih Lands reserved 10 any Choc,sw. I'm. ,
ie' mo treaty OF Dancing Rabbit Creek, cannot q
= entered OF sold ulder this or any other act Of
Congress-.
ms includes what are called contingent, 10. Z
a',ons' made by Colonel George W. Martin, {
md other locating agents.
All assignments, sales, and contrac,s "a, ne.
lgnmens, or sales prior TO an entry, are p,ohib-
ea' and destroy any right which settler might. d
Iherwise, have had. =
PERSONS Claiming the benefits of this act are 4,
equired to file an affidavit, as therein prescribed
hd TO furnish proof by one ure more disntercst.
witnesses, 10 your entire satisfaction. Of tho i
.e'S necessary to establish tho presumption right.
!, 10 W''nestes ME 70 DO first duly sworn or affirm
y Tho subject Of inquiry, by some officer com. c
e'en' 70 administer oahs and atlirmaons and
moi 100 inconvenent by reason Of distance of a
'sidence from your Office, or other good cause. "
us' DO examined by you, and the testimony re- p
lcou 70 writing IN youi presence, and signed by d.
lch witness, and certified by the officer admin Ii,
,eilng the oath or affirmation, who must also
~ you IN certifying as to the responsibility and Sc
edit Of zach witness.
In case adverse claims shall DO made to the
me lfaois each claimant must be notified of the
ne ahu place OF taking testimony, and allowed
privilege Of sross'examlnng the opposite wit. al
'sses, and Of producing counter.prooE which cl
loud also be subject TO cross examination. tq
When, by reason Of distance, sickness, or in. "
fm'iy, the witnesses cannot CONS before YOU, h,
on are authorized TO receive their dispositions, d
hleh must be, in all other respects, conformabe ,
} tho within regulations. I,
The notice 10 adverse claimants should he in &
rl'ing, and should be served in time to allow Mt :,
est day tor every twenty miles the marty NAV :.
ave % travel IN gong to tho place of taking evi-
ence. The proof in all cases should consist az y
slnpe oeIall Of facts merely, and not of state "
lenls N broad or general terms involving con.
luslons Of law. II is your exclusive province
determine the legal conclusions arising from
10 iacls. Forinstanee, witness should no, be r
ernllled 10 state that claimant Is tho "heaa d
lamlly" actually settled, Sc, following tho "
'ords Of the law, but should Sc, forth Tho fnc,s a
y which no grounds such allegation because
ach mode Of 'cstiiyng substitutes tho iudr. =
rent OF inc witness Tor yours, and allows him l
OF only 10 determine tho facts but tho law. AL
Illness may possibly conscteniously testify hat r
minor son, living with widowed mother was I
le head OF the family, and in another case, SINH y
y ~ point q iact another witness, equally con.
cientious, might testify that the widowed mother a,
'as the head Of the family. There cannot be
inform construction given to tho law, il il IL ,
,arclessly left to the opinion OF every witness q
on are therefore instructed moi to receive as ties.
mony OF proof, general statement, which EN-
odics IN general terms the conclusions Of law, I,
'''aout stating the facts specifically. |,
The witnesses must state, If the pre-emptor be d
ho uhead Of a fnmilvn The lncta ,.heA 1891, h