The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-10-26

4 v
by the tract claimed and, also with red ink,
noting on the same spot the number of the de-
ciaratory statement in neat and very small
| figures, SO as not too much to interfere with
the regular annotations which will have to be
made when the regular proof and payment
shall have been made by the claimant and bis
entry of the tract consummated. The existence
of such claims should alec be noted, az pencil,
in their appropriate places in the tract books.
The tracts liable to entry under this act, are
some one of the following designations:
| 1. A regular quarter section, notwitbstand-
ing its quantity, may be few acres more or
less than one hundred and sixty; or q quarter
section, which, though fractional in quantity,
by the passage of q nayigable stream through
the same is still bounded By regular sectional
and qusrter-sectionsl lines
2 A fractional section, containing not over
one hundred and sixty acres, or any tract be-
| ing detached or anomalous survey, made
pursuant to law, and not exceeding said guam
tity.
8. Two adjoining half quarter. sections lin
all cases TO be separated by north and south
line, except on the north side of townships
where the surveys are SO made az to throw the
excess Or deficiency on the north and west sides
of the township Of the regular quarters men.
toned in the first designation or two adjoining
eighty acre subdivisions Of the irregular quar-
tiers found On the north and west sides of town.
ships where more than two such Subdivisions
fcxist, or the excess may render them necessary,
provided ia the latter case the aggregate
quantity does not exceed enc hundred and six
ty acres
4. Two hslfquarter or eighty-scre subdivi-
sions of p fractional or broken section, a6ioin.
ing each other, the aggregate quantity not ex-
coed ng one hundred end sixty acres
5. regular half quarter and an adjoining
fractional section, Or an adjoining half quarter
| subdivision OF fractional section, the aegre-
gate quantity not exceeding one hundred and
sixty acres.
6. Ii the pre- EN- ptor should not wish to enter
| the quantity of one hundred and sixty acres,
be may enter single hslE-quarter section,
made by north and south line or an eighty.
acre subdivision of a fractional section
7. One or more adjoining residuary forty
acre lots may be entered, the aggregate not
exceeding enc hundred and sixty acres
8. A regular halE9uarter half-quarter
subdivision, or fractional section, may each
be taken, with one or more residuary forty acre
subdivisions lying adjoining the aggregate not
exceeding one hundred and sixty acres.
These lots can only BE called rssidudryD
after the sale of the other portions of the same
quarter-sectioD, or fractional quarter section,
pursuant to the act approved April 5, 1882,
authorizing such minor subdivisions
1t is evident, therefore, that forty acre sub
divisions csn in no case he permitted, of land
DO. yet proclaimed and offered at public sale
Only enc person on a quarter section is pro.
tected by this law, and that is The one who
made the first settlement provided he shall Lave
conformed to the other provisions of The i.s.
A person who has once GUdiled himself of
the provisions Of this act, cannot at any fu-
ture period, or at any other land ofice, acquire
another right under it.
No person who is the proprietor of three
hundred and tacenty acres Of land 10 any State
Or Territory of the United States, is entitled
to the benefits of this act.
No person who shall quit or abandon has resi-.
dence on his ot0n land, to reside on the public
land IN the same State or Territory is entitled
to the benefits of this act.
No presumption right exists by reason of a
settlement On and inhabitancy of tract, I'm
less st the date Of such settlement the Indian
tide thereto had been extinguished, and the
land surveyed By the United States
Lard is not properly, legally surveyed, until
the surveys made by the deputies arc approved
by the Surveyor General but in accordance
with the spirit and intent of the law and for
tie purpose OF bringing the settler within its
provsioIis, the land is to be construed as sur.
veyed, when the requisite lines are run on the
field, and the corners established by the deputy
surveyor.
No assignments or transfers Of pre- emption
rights can be recognised. The patents must
issue to the claimants in whose names alone
all entries must be made.
Sundty descriptions of land aohich are erempted
from the operations Of his act.
1. Lands included in any reservation by
any treaty, law, or proclamation of the Presi-
dent of the United States, end lands reserved
for salines and for other purposes
?. Lands reserved fer the support of schools.
3. Lands acquired by either of the two last
treaties with the Miami tribe of Indians in the
State Of Indiana, OF which may be acquired of
the Wyandot tribe of Indians in the State of
Ohio, or other Indian reservation, to which the
title has been or may be extiperished BY the
United States at any time during the opera
ton Of this ect
4. Sections Of land reserved to the United
States, alternate to other sections granted to
any of tho States foF the construction of any
canal, railroad, or other public improvement
5. Sections or fractions of sections included
within the limits of any incor pora;ed town.
s. Every portion of the public lands which
has been selected as a site for city or town.
Z. Exery parcel or lot of land actually set-
tied ond occupied for the purposes OF trade, and
not agriculture.
8. All lands on which are situated any
known salinos or mines.
Persons claiming tho benefit Of this act are
required to file duplicate affidayits such as the
Law requires, and to furnish proof BIZ one or
more disnterested witnesses to your entire
satisfaction, of the facts necessary to establish
Il
mer cement OF these instructions
The witnesses are to be first duly sworn or
affirmed to speak the truth, and the whole
truth, touching the subject of inquiry, By some
officer competent to administer oaths and af.
trmations; and, if not too inoonvenient. BY
reason of distance Of residence from your Office
or ether good cause, must be examined BY
you, and the testimony reduced to writing in
your presence, and signed by each witness,
and certified by the officer administering the
oath or affirmation, who must also Join you in
certifying as to the responsibility and credit
| of each witness
In case adverse claims shall be made to the
same tract each claimant must be notified of
the time and place of taking testimony, and
allowed the privilege Of cross examining the
opposite witnesses, and of producing counter
proof, which should also be subject to cross
examination.
When, by reason of distance, sickness, or in.
trinity, the witnesses cannot come before you,
you are authorized to receive their dispositions
which must be, in all other respects, conform.
able to the within regulations
| The notice to adverse claimants should be
in writing, and should be served in time to al.
low at least day for every twenty miles the
party may have to travel, in going to the place
of taking evidence. The proof, in all cases,
should consist of a simple detail of facts mere.