, 1841-11-20

than two such subdivisions exist. or the ex-
cess may render them necessary; provided
in tine latter case the aggregate quantity
does not exceed one hundred and sixty
acres.
Fourth. Two half quarter OR eighty acre
subdivisions of a fractional or broken Sec
ton. adjoining each other, the aggregate guam
tlty not exceeding one hundred and sixty
acres.
Fifth. A regular half quarter and an ad-
lolning fractional section. or an adjoining
halt quarter subdivision of fractional Sec
ton. the aggregate quantity not exceeding
one hundred and sixty acres.
Sixth. If the pre-emptor should not wish
to enter the quantity Of one hundred and
sixty acres, he NAV enter a single half quar-.
ter section. (made by a north and south line)
>or an eighty acre subdivision Of a'fractional
ssaion.
o.yenth. One or more adjoining residuary
70 - aare lots may he entered, the aggregate
no, EXCEEDING one hundred and sixty acres.
Eich n l.. regular half quarter. a half quar-
ter subd; .rsion, or n fractional section. may
each be TAKEN with one or more residuary
FORTY acre subj isions lying adjoining. the
aopreoate not tkceeding one hundred and
sixty acres.
These lots can only DE ca'ied "reS.dudrB
after the sale Of ,pe other portions Of the same
quarter section. or fractional quarter section,
pursuant to the sct approved April S, 1882.
autbo1izinp such minor subdivisions.
7, ;s ev;dent therefore, that forty acre
subdivisions can IN no ca se. be permitted. OF
l., a. IL .po.a ~ NIB
land not yet proclaimed and of'erea at pup
lie sale. =.
Only one person on a quarter section Is
protected bv this lava and that 10 the one
who made the first settlement, provided he
shall have conformed to the ether provisions
of the law.
A person who has once avniIed himself o
the provisions Of this act, car-not ut any III
TUE period. or at an other Land office acquire
another right under it.
No person who is the proprietor Of thretl
hundred and twenty acres Of land in any
State or territory Of the United States, Is
entitled to the benefit Of this act.
No person who shall quit or abandon hi:
residence on his own land. to reside on the
public and in the same State or Territory
is Untitled TO tie benefits Of this act.
No pre-emption right exists, by reason Of
a settlement on and inhabitancy Of n tract
unless at the date of such settlement the In
dian title thereto had been e~xtinguished, and
the land surveyed by the United States.
Land is not properly. legally surveyed
until the surveyors made by the deputies are
approved by the Surveyor General; but ir
accordance with the spirit and intent of the
, law, and for the purpose of bringing the set
tier within its provisions, the land is to be
constructed as surveyed, when the requisite
lines are run on the field and the corners es
tablished by the deputy surveyor.
No assignments or transfers OF pre-emp
ton rights can be recognised. The patents
must issue TO the claimants, in whose name:
alone all entries must be made.
.Sundr4' descriptions of Land, Which are er
cmpted from the operations Of this act.
lst. Lands included in any reservation b,
any treaty, law or proclamation of the Presl
dent of the United States, and lands reser
we'd for %saIines or other purposes.
Cd. Lands reserved for the support o
Schools.
Sd. Lands acquired by either Of the two
last treaties with the Miami tribe of Indians
in the State Of Indiana, or which may be re
quired of the Wyandot tribe of Indians il
the State of Ohio, or other Indian reservation
to which the title has been or may be extin
guished by the United States at any time du
ring the operation of this act.
4th. Sections of land reserved to the U
States, alternate to other sections granted
to any of the States for the construction o
any canal, rail road, or other public improve
ment.
5th. Sections or fractions of sections in
cluded within the limits Of any incorporated
towns.
9th. Every portion of the public land'
which has been selected as a site for a city
or town.
9TH. Every parcel or lot of land actually
settled and occupied for the purposes o
trade, and not agriculture.
9th. All lands on which are situated any
known salines or mines.
Persons claiming the benefit Of this act
are required to file duplicate afidavits such
as the law requires, and to furnish proof by
one or more disinterested witnesses, to your
entire satisfaction, of the facts necessary to
establish the three requisites pointed out In
the commencement of these Instructions.
I'll. ,y;+nascos ora tn he first duly sworn