Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1854-10-23
Circular
TO THE REGISTER AND RECEIVERS OF THE
UNITED STATES LAND OFFICES.

TO THE REGISTER AND RECEIVERS OF THE
UNITED STATES LAND OFFICES.
GENERAL LAND OFFICE,
August, 80, 1854.
GENTLEMEN: Annexed is copy of the
act of Congress, entitled can act to grad
uate and reduce the price Of public lands
to actual settlers and cultivators," approved
August 4. 1854.
This act takes effect from its passage
1t applies to all lands, except those 'reserv-
ed to the United States, in the act granting
lands of States for Railroads or other inter-
nal Improvements, or to mineral lands, held
at over one dollar and twenty-five cents per
acre {" and except also lands reserved from
sale by act of Congress, by order Of the Pres
ident, Or which may have been appropria-
ted for any purpose whatever. Lands
which are required by treaty Stipulations
to be sold for the benefit of the Indias are
also excluded from the provisions of this
law.
Lands subject to the operations of this
act are also subject to presumption, at the
graduated prices, under the provision Of
the act of Sept, 4, 1841. Where settlers
claim any Of these lands by presumption,
under that law, they must file up their de-
claratory statements, prove up their rights,
and make payment at the graduated price
within the time prescribed by the said act,
except toward the close of each period of
graduation, when they must be paid for
within thirty days preceding the next grad
uation or reduction that shall take place,or
forfeit their claim, even if the year allowed
by the act of l84l has not expired; and
the lands settled on by them will be sub
jcct to private entry. If not purchased at
private entry, however, before the next
graduation or reduction takes place, such
lands will again be subject to presumption
as aforesaid, at such reduced prices. This
act provides, however, that nothing in it
"shall be so construed as to interfere with
any right which has Or may accrue by vir-
tue of any act granting presumption to &C
tual settlers upon public lands" Therefore,
any right of preference which may have at
tachcd, or may hereafter attach, under the
act Of May 81, 1854, entitled can act for
the relief of settlers on lands reserved for
Railroad purposes" may be paid for at the
graduation price, within the time prescri-
bed by the said act of 1854, except to-
wards the close Of each period of gradu-
alton when they must be paid for within
thirty days preceding the next graduation
or reduction, or the claim be forfeited.
All such claims however, under the law
of 1871, as well as that Of 1854, preferred
towards the close Of each period of gradu-
alton, which shall not have been consumma-
ted or entered under the act of August 4.
1854 may be paid for and entered subse-
quently during the period allowed by said
acts Of 1871 and 1854, but at the usual
minimum Of 81 ,25 per acre.
Any person may enter lands subject to
the operations Of this act at the graduated
price on making affidavit, before the regis
ter or Receiver Of the proper land office,
and he or she enters the same for his or her
own use, and for the purpose Of actual set
Element and cultivation, or for the use of
an adjoining farm Or plantation owned or
occupied by him or herself, and together
with said entry he or she has not acquired
from the United States, under the provis-
ions of this act, more than three hundred
and twenty acres, according to the estab-
lished surveys.
All entries by presumption or otherwise,
under the provisions of this act, must be in
a compact body by legal subdivision of
tracts adjacent and contiguous, the same
as under the presumption Of 1841, except
whore the land is claimed for the use of an
farm or plantation, when it must
form with such farm or plantation COM
pact body as Aforesaid All lands not re-
turned under the provisions of this al as
prescriptions for actual settlement anI cul-
tivation, or as a constituent part Of farm
or plantation, will be subject to the laws
regulating the sale or location of lands at
the ordinary minimum price of $1,25 per
acre.
Where parties apply to locate warrants
or scrip on any of the lands graduated I'M
der the provision of this act, they can To-
cate no more than is called for by the face
Of the warrants or script; that is, forty
acre warrant or script can only take forty
acre tract or its equivalent; and eighty &
ere warrant can take an eighty acre, or two
contiguous and adjacent forty acre tracts,
forming compact body of eighty acres,
and 50 on without regard to price.
TO prevent confusion and simplify the
business as much as possible, it has been
determined not to reckon fractions of years
the fiscal year government Hence, all
lands offered say July l, 1910, to July l.,
l845, will be regarded as coming within
the first class under this law; those offered
between July /, 1889, and July /, 1870
will not fall within the second class till Jul
~ |, 1855, and so on in the other classes.
Great care and attention must be given
to this matter to prevent errors, and entries
claimed under this act since It's passage. and
IN accordance with its provisions, must be
adjusted as above directed.
The testimony in all cases under this act
will be transmitted to this Office with the
certificates Of eutrv.
Very respectfully, your ob't sery't
JOHN WILSON, Commissioner
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