Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1852-07-29
Respectfully yours,
JAMES DUANE DOTY
GENERAL LAND OFFICE,

July :, 1907.
Sir: have the honor, in reply to yours
of the goth ult., to state, that no special
instructions have been issued to the land
officers at Green Bay, in reference to pre-
emptiOn claims for land in the Menomonee
Purchase north of Fox river, founded upon
the recent act of 9th May last, inasmuch
as that act only extended to particular
toby of land, mot before the subject of pre-
emption), the operation of particular laws,
in reference to which the land officers had
full and specific instructions
In reply, however, to your particular
inquiries. | would state
lst. That notices of the right claimed
should be fled, the land being unoffered
land, within three months from the 1st
June, 1852
I'd. That as the benefits Of the act ex-
tend ito every actual settler and house
keeper" who was such son tie ISt Jaene,
1892 and who, in addition to his dwell
ing house, chad made other improvements
on arg tract qcithih the body Of LG1adSn
above referred to, it follows that the pre-
emption privilege will accrue to such of
said settlers as are situated upon unsur-
veyed portions of said land, as we'll as to
those on that part of the said Menomonee
Purchase already surveyed Aud
Sd. That In reference to the latter
class of claimants, they will of course be
permitted to occupy their claims until the
survey is made, and be allowed three
months after tile execution of the Surge2l in
the FIELD to give the prescribed notice" of
their respective claims, the said survey in
Eha 81 ha1v hCo ~, 3,
able them to comply with such notice,
which requires a description of the land
claimed
The law of February 4th, 1871, whose
privileges are extended to the said set
tiers, gives the right of presumption to the
first settler, and to him only-that law
prohibiting settlements on unsurveyed
land and therefore enabling every one to as
certain, before making a settlement. wheth-
er another person has already occupied
any particular tract This act, therefore,
In its extension to the body Of land here
in referred to, is modified in the above
particular, so as to embrace every settler
on any particular quarter section, fraction
al quarter section, or fractional section less
than 100 acres, because such settlements
were made prior 20 the surveys, and when
OF course the persons making them had no
means of avoiding a conflict of interests in
reference to any particular tract. In
such cases the principles of the 8th section
of the act of Sd March, 1913, are appE-
cable which gives to all the settlers on the
same tract, of either of the above desig
nations, equal privileges-that is to say, if
two or more settlers are resident on the
same tract and they have no improvements
without the limits of said tract, then they
may make joint entry of the same, and
each a separate entry of adjoining unoc-
cupied land, by legal subdivision, so as
not to exceed 100 acres in all to each of
said joint settlers. If the Joint resident
or any one or more of them, have cultiva-
ted land on another and different tract,
then the person or persons so cultivating
may abandon the resident tract to the per
son or persons who have not so cultivated
other land, and enter that which he or
they may have cultivated, so as not to ex-
ceed 100 acres to any one settler. This
latter privilege does not, however, extend
to a tract cultivated, which may be claim
ed by a resident claimant, nor to lands re-
served for any purpose whatever.
Persons who may have already given
notice to the land officers of their settle
ments on particular tracts, will be regard
ed as having complied with the requisi-
tions of the law, in regard to such notice,
should it subsequently appear that they
continued to remain as settlers on the land
subsequent to the filing of said notice, and
up to the first June, 1852 In such cases
the renewal Of this information already in
the possession of the land officers VIII not
be deemed essential
With much respect, your obedient SER
want,
Holm WILSON