The Kansas herald of freedom., 1855-01-20
important Labs.
Public Lands and Pre-emptions.

Fuouc Aanos ana Fre-Smpt1ons.
We copy below the instructions issued
to Registers and Receivers of the Land
Offices, under the act of Congress of the
4th of September, i84l, with the neces-
sary forms for proceeding under it, with
the act itself, which, by the act of July
22d, 1854, was extended over Kansas and
Nebraska. This act, with the instruc-
tions, are invaluable to those interested
in making claims to locate in the Terrific
ry, and should be preserved with care,
as the reader will have almost constant
occasion to refer to it, as he will to acts
and instructions published in each of our
preceding numbers. The reader, by
making himself familiar with those laws,
viii save the necessity of constant con-
sultation with members of the legal pro-
fession in relation to his claims, and from
much vexation for want of knowledge
-as to his legal rights:
The individual claiming the benefits of
the act of l841, as amended by the act
of 1843, must be-
/. Either citizen of the United
States, or have filed his declaration of in
tention to become citizen, at the time of
the settlement on which his claim Is
based.
2. Either the head of family, or a
widow, or single man over the age of
twenty-one years.
g. An inhabitant of the tract sought
ito be entered, upon which in person he
has made settlement and erected dwell
hng-house, and otherwise improved said
tract since the 1st of June, 1910, and
prior to the time when applied for which
land must, at the date Of the settlement,
have had the Indian title eztinguished,
and been Surveyed by the United States.
By the ninth section of the act of the
Sd of March, l843, the entry of claim
under the act of the 4th of September,
l84l, may be made, although it may be
for land not surveyed at the time of settle
ment, where such settlement was made
prior to the 18th of September, 184l, and
after the extinguishment of the Indian
title.
A person failing in any one of these
requisites can have no claim by virtue OF
this act.
A person bringing himself within each
of the above requirements by proof sat
issactory to the register and receiver OF
the land district In which the lands may
lie, taken pursuant to the rules hereinafter
prescribed, will, after having taken the
affidavit required by the act, be entitled
to enter, by legal subdivisions, any mum.
Der of acres not exceeding one hundred
and sixty, or quarter section, to include
his residence; and he may avail himself
of the same at any time prior to the day
of the commencement of the public sale,
including said tract where the land has
not yet been proclaimed.
Where the land was subject to private
entry at the date Of the law, and a settle
ment shall thereafter be made upon such
land, or where the land shall have become
or shall hereafter become subject to prl-
xate entry, and after that period settle
rnent shall be made, which the settler is
,desirous of securing under this act. such
notice of his intention must be given
within thirty days after the date OF such
settlement. Such notice, in all cases.
must be written one, describing the
land settled upon, and declaring the IN
tention of such person to claim the same
under The provisions of this act. The
proof, affidavit, and payment must be
made within twelve months after the date
of s,,eh settlement.
where the land has not been offered al
public sale. aaa thus rendered subject to
private entry,a sinilar notice in writ
ing" must be fled within three months
after settlement, for sooner. ifthe land Is
proclaimed for sale; J and the proof, pay
ment, and affidavit. Of the claimant must
be made before the day fixed for the com
mencement of the public sale which shall
include the tract claimed.
A person who has fled, or shall here
after file. according to law, deciaratory
statement for tract of land subject TO
private entry, may enter the same after
the twelve months from the time of his
settlement shall have expired. without
fling any proof of bis right as pre-emp-
tor, provided be is the first applicant, aftel