The Kansas herald of freedom., 1855-01-06
Presumption Laws.

Territory OF Kansas, EXTENDED the pre-
emption laws of Sept. 4th, 1841, over the
public andss We give below synopsis
of the law for the benefit of the " squat
ters, and would suggest that it is thous
and times better to settle under a valid
law, and one which government will re-
cognize and enforce, than undera ''squat-
ter hw'-which is no law i'm fact, and is
entirely dependent upon the eapriees of
individuals whether it shall be regarded
for any period. Squatter tasc is one thing.
and squatter SOVEREIGNTY another. We
think there is more virtue in the latter,
particularly when the former comes in
direct conflict with law of Congress.
But to the synopsis alluded to The act
may be found in volume V of the T..
Statutes at Large, pages 453-458:
Lands subject to Pre-en,ptton.-By
See. 10 of said act it is provided that the
public lands to which the Indian title had
been extinguished at the same time of the
settlement, and which had also been sur
yeyed prior thereto, shall be subject to
pre-emption, and purchase at the rate of
one dollar and twenty five cents per acre.
And by the actof 92d July, 1854, Sec, le,
the pre-emption of unsurveyed lands is re-
cognized as legal. Lands of the follow
ing description are excepted: Such as are
included in any reservation, by any treaty
law or proclamation of the President of
the United States, or reserved for salines,
or for other purposes sections 16 and 36
in each township, they being reserved for
school purposes, (organic act of Kansas
Sec. 81 y lands included within the linn
its of any Incorporated town, or which
have been selected as the site for city or
town; lands actually settled and occupied
for the purposes of trade and not agricul-
culture and lands on which are situated
any known salines or mines.
The Gmount designated is any number
of acres not exceeding one hundred and
sixty.
Who may Pre-empt-'' Every person
being the head of a family, or widow, or
single man, over the age of twenty -one
years, and being citizen of the United
States, or having filed his declaration of
intention TO become citizen as required
BY the naturalization laws" But no per-
son shall be entitled to more thon one pre-
emptive right; and no person who is the
proprietor of three hundred and twenty
acres Of land in any State or Territory of
the United States and no person who
shall quit or abandon his residence on his
own land to reside on the public land in
the same State or Territory, shall acquire
any right of pre-emption.
Ihe Method to Perfect tie Pight.-The
pre-emptor must make settlement on the
land in person; inhabit and improve the
same, and erect thereon dwelling. And
when the land las been surveyed previ-.
Gus to settlement the pre-emptor shall,
within thirty days of the date of the set
tlement, file with the register of the prop
er district written statement describing
the land settled upon, and declaring
the intention of such person to claim the
same under the provision of the pre-emp-
ton law. And within twelve months
of the date of the settlement such person
shall make the requisite proof, affidavit,
and payment When unsurveyed lands
are pre-empted, (act of 1854, notice of
the specific tracts claimed shall be filed
with the surveyor general, within three
months after the survey has been made in
the field. And when two or more per-
sons shall have settled on the same quar-
ter-section, the right of prc-cmption shall
be in him or her who made the first set
tlement and questions arising between
different settlers shall be decided BY the
register and receiver of the district within
which the land is situated, subject to an
appeal and revision by the Secretary of
the Treasury of the U. s.
And the settler must make oath before
the receiver or register that he or she has
never had the benefit of any right of pre-
emption act; that he or she is not the own
or of three hundred and twenty acres of
land in any State or Territory OF the Uni
ted States, nor hath he or she settled upon
and improved said Elnd to sell the same
on speculation, but in good faith TO appro-
pirate to his OF her own exclusive use or
benefit; and that he Or she has not, direct
ly or indirectly, made any agreement or
contract in any way or manner, with any
person OF persons whatsoever, by which
the title which he or she might acquire
from the government of the United States
should inurc in whole or in part to the
benefit of any person except himself or
herself; and If any person taking such
oath shall swear falsely in the premises,
he or she shall be subject to all the pains
and penalties of perjury, and shall forfeit
the money which he or she may have
paid for such land, and all the right and
title to the same; and any grant or con-
reyanee which he OF she may have made,
except i'll the hands of bona fide pur-
chasers for a valuable consideration, shall
be null and void. 9 e8
Proof of the requisite settlement and
improvement shall be made BIZ the pre-
emptor to the satisfaction of the register
and receiver, in the district in which the
lands so claimed lie, who shall each be
entitled to fifty cents from each applicant
for his services rendered as aforesaid; and
all assignments and transfers of the right
hereby secured, prior to the issuing of the
patent, shall be null and void.
The Mormon Temple.
The great Mormon Temple which the
Mormons are building at tie city of Salt
Lake, is described as promising to be a
wonderful structure, covering an area of
81 ,859 square feet The lot on which it
is located is forty rods square, and con-
taihs ten acres of ground, around which
lofty wall has already been erected, TO
be su1nounted by an iron railing manu-
fsetured by the Mormons themselves at
their iron works in Iron county, Utah
| Tertiary. Tie Tau,Dle huiIdin0 will