Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1842-01-04

Sucn SUBDIVISIONS EXIST or the excess
may render them necessary, provided
in the latter case the aggregate quantity
does not exceed one hundred and
sixty accres.
Fourth. Two halEqdarter or eighty
acres Subdivisions Of a fractional
or broken section adjoining each other,
the aggregate quantity not exceeding
one hundred and sixty acres.
Fifth. A regular hf or. and adjoining
fractional section, or an adjoining half
quarter subdivision Of a fractional
section, the aggregate quantity not
exceeding one hundred and sixty
acres.
Sixth. If the pre-emptor should net
wish to enter the quantity Of one hun
dred and sixty acres, he may en'er a
single halfq uarter section, (made by
a north aud south line or an eighty
acres subdivision of a fractional
section.
Seventh. One Oh. more adjoining
residuary forty acres lots may be n
tered, the aggregate not exceeding one
hundred and sixty acres.
Eighth. A regular half quarter, a
half-quarter subdivision, or fractional
section, may each be taken with one
O. more residuary forty acres subdivi-
sions lying adjoining, the aggregate not
exceeding one hundred and sixty
acres.
These lots can only be called "res-
iduary" after the sale of the other
portions of the same quarte--section,
or fractional quarter-section, pursuant
to the act approved April 5, 1882,
authorizing such minor subdivisions.
1t is evident, therefore, that forty
acre subdivisions can, in no case, be
permitted of land not yet proclaimed
and offered at public sale.
Only one person on quarter-section
is protected by this law, and that is
the oae who made the first settlement,
provided he shall have conformed to
the other provisions of law.
A person who has once availed HIM
self of the provision Of this act, cannot
at any future period, or at any other
land Office, acquire another right I'm
der it.
No person who is the proprietor oil
three hundred and twenty acres ofland
in any State or Territory of the United
States. is entitled to the benefits of this
act.
No person who shall quit or aban-
don his residence on his own land 10
reside on the public land in the same
State or Territoty, is entitled to the
Deuef,s ofthis act.
No presumption right exist, by r-as
son of a settlement on and inhabitancy
Of tract, unless at the date of such
settlement the Indian title thereto had
been extinguished, and the land survey
ed by the United States.
| Land is'not properly, legally survey
ed, until the surveys made by the
deputies are approved by the Surveyor
General; but in accordance with the
spirit and intent of the law, and for the
purpose of bringing the settler within
its provisions, the land is to be con-
strued as survey, when the requisite
lines are run on the field, and the
corners established by the deputy sur.
veyor.
| No assignments or transfers of pre-
emption rights can be recognized. The
patents must issue to the claimants, il
whose names alone all entries must bt
made.
Saqdry descriptions efLand sohich ar,
exempted from The operations Of this act
1st. Lands included in any reserva-
ton by any treaty, law, or proclamation
of the President Of the United States
and lands reserved for salines or 70
other purposes
I'd. Lands reserved for the supper
of schools.
Sd. Lands acquired by either Of tht
two last treaties with The Miami tribe
of Indians in the State Of Indiana o
which may be acquired Of the Wan
dot tribe Of Indians in the Stare o
Ohio, or other Indian reservation L
which the title has been, or may b.
extingnished by the United States, a
any time during the operation Of lhf
act.
4th. Sections Of land reserved TO the
United States, alternate 10 other sec
tons gran ed to any Of the States 10
the construction Of any canal. railroad
or other public Improvement.
9th. Section or fractions of section
Included within the limits Of any incor
potated town.
9th. Every portion Of the publ
lands which has been selected as a SIT
for city or town.
: 9TH. Every parcel or lot Of Ian
actually settled and occupied for tn
purpose Of trade, and not agricnl
, ture.
Sth. All lands on which are situate
: any known salines or mines.
Persons claiming the benefits Of thi
acf are renuiad IN file dunl;cafa a61da