The Arkansas banner., 1843-11-04
Instructions to Locating Agents
EXECUTIVE DtpAnrMrNT, !

ExEcuTive DtpARrMrNr,l
 LHle Roct, Norember Isl, lSt3,
 A RECENT decision of the Secretary of the Trea- ! E3 sury has declared moperdice aGd s9id so much Of the act of the Legislature approved December 3 |, 18i2 (entitled ac for the benefit of such ner- sons as have settled on, or may hereafter make i'm. provemens on the public lands of this Stats,') as authorizes the Governor to locate spre-emption caim.' with efwithout the assent of the preemptor, as portion of the 500000 granted io the State, for internal improvement.
 Until some modification of that decision is made by the department or some action is had by Con gress the agents of the State will consider that de- csion as binding, and observe it accordingly The 9th section of the act ol the 3ist December, lSi2, is, however, in full force; which authorizes any person (dcsignaed n the aet) to settle make improvements on selected lands, and to purchase them from the State, under the conditions and re- strictions therein mentonad; and those who may wish to avail themselves of the provisions of the 9th section of the act will file their application and proof of s'improvement," with the land agent at this place, and certificate will issue as heretofore.
 The Sth section of the act of Congress, approved ih September, IS4l, in connection with the instrue- tions from the Commissioner of the General Land Office, and my instructions of this date, will govern you in the selection of portion oi the 100000 acres.
 .' See 8. find be I further eaaetel, That there shall be granted to each State specified in the frat esection of this act five hundred thousand acres of
 
 "piled, that to each of the said States which has
 already received grants for said purposes, there IS < hereby granted no more than quantity of land tWhic shall, together with the amount sneh State 's has already received aforesaid make five hum ss drcd thousand acres the selections in all of the said States to be made within their limits respect lively in such manner as the l. Legislature thereof shall direct and located in parcels conornaby to sectional divisions and subdivisions, of not less than three hundred and twenty acres in any one Eekln la,I csh te nt may be reserved from sale by any law of Congress or proclamation of the President of the United States, which said locations may be made at any otime after the lands of the United States in said States respectively, shall have been surveyed ae- cording to existing laws.o
 The following is an extract from the instructions of the Commissioner of the General Land Office, dated zd May iSi2 which you will endeaVor to ob- serve and carry into effect
 .fn making these selections, il s expected that the State authorities will observe the pecaution of causing all the preliminary examinations tobe made, by their duly authorized agents, necessary to arrive al certainty as to the fact that of thc particular tracts of land selected by them can b. claimed as pre-empton rights in virtue of the act aforesaid, or of any prior pre-empon law, otherwise such in- reference will nulliiy the selections.
 eIt IS hoped, however. that the State authorities will make duty absolutely indispensable on th, selecting agents, to visit a person every tract of lnf desired to be selected, and thereby ascerian beyont
 
 alleged to the same, and regulate their proceeding accordingly.
 "These lists are to be numbered in regular sa ries. So list of tracts so selected Is re ceived al your olce il will be your duty 10 examn the same, and compare with your books and wit the ssdaclaraory statements filed under the Act 0 Ith of September, lsi1 and in case Of conhie arising with an alleged pre-emption claim, yoH vii
 immediately advise the Governor ol the State oi th' fact, and furnish similar advice to this office.
 ssThe law provides that the locations shall be mad 'n parcels colfornably to sectional divisions anl subdivisions of not less than three hundred ant twenty acres in any one location, on any pablic lane except such as is or may be reserved fion sale by dent of the United States which said locations may be inie at any time after the iands ot the United States in said States respectively, shall have been surveyed according 10 existing laws
 Each of the selections made by the locating ayen should indicate the day when actually mlde, so q. o enable tiiis office to determine between snch SC lection and pre-emption claim under act of ith o September, ISlI, which shall refer to the date 0 settlement.
 ''Each parcel may be formed in any of the follow ing modes:
 ..The east. west. north, or south half of a section sTwo contiguous quarters of different sections. , ''Four contiguous haJ quarters of different sec tions.
 'ssThe half quarters arc to be those designated a ead WeSt half quarters, as cont emp'ated by tn general law pTO'iSion ioi hlc siiS VI hi public lands, passed on lth April, 1920 admiaia of the subdivision of quarter sections only by lin ? running aorlh and Sogfh
 { (rhe mode of subdivision into qaayfer-quartef of a section is not applicable to the act of th 0 September, I5iI inasnuch as 1t is warranted by tn act of 9th April 1S32, only in reference to the pc cuaf kind of cases referred to in the latter act.) GA detached fractional section, containing thra hundred and twenty acres, or greater quantity c1 : be located but when fractional section contain ie3 than three hundredand twenty acres ii can onl' bs taken in lieu of that qaantity, ua,ss 1t b. eoi I tiguous to soIue other body of selections, winch with such fractional section shall eonstiiate not les f than three hundred and twenty acres. , "Any number of contiguous subiiVisiohs ol
 fractional seetion together constituting tis quahti Of three hundred and twenty acres according to u Surveyor Generals plat may be seiected.
 ssAn island containing three hundred ana twenk acres or upwards may be taken; but Ii the islan | contains less than thfee hundred and twenty acre: ' if eaa only be taken in lieu of that quantity. Y Y Annexed is copy of a communication address Il cd to the Secrstary of the Treasury 2d Decenbe last in reply to certain inquiries propounded by tn Governor of frkansas relative to the consrucuo of the sth soeon of the act of ith September, lsf and also copy of the aforesaid seetion and cop of the actapproved 18th March, 1912, entitled "A act to authorize the Governors of the States of lll nos, Arkansas and Missouri, to cause to be seieet- the lands therein mentioned.'
 By a late decision of the Commissioner, les = quantity than three hundred and twenty acres ca i be taken, when it is selected in legal sabdivisiol
 if it be designated in your report as taken for ln . location of three hundred and twenty acres Tn agents will therefore, be careful not to make saiee
 ion3 in less quantities than three hundred ani wsht