The Kansas herald of freedom., 1855-01-20

The tracts liable to entry under these
acts are some one of the following desig.
nations:
l. A regular quarter section, notwith
standing its quantity, may be few acres
more or less than one hundred and sixty
or quarter section, which, though frac-
tionaI in quantity by the passage of nav.
igable stream through the same, is still
bounded by regular sectional and quarter
sectional lines,
| e. A fractional section, containing not
over one hundred and sixty acres, or any
tract being detached or anomalous sur
vey, made pursuant to law, and not ex-
ceeding said quantity.
3. Two adjoining half quarter sections
of the regular quarters mentioned in the
first designation: or, two adjoining eighty
acre subdivisions of the irregular quar-
ters found on the north and west sides Of
townships, where more than two such
subdivisions exist, or the excess may rem
der them necessary, provided in the latter
case the aggregate quantity does not ex-
ceed one hundred and sixty acres.
q. Two half quarter or eighty acre sub.
divisions of fractional or broken section,
adjoining each other, the aggregate guam
tity not exceeding one hundred and sixty
acres.
| S. A regular half quarter and an adj
joining fractional section, or an adjoining
half quarter subdivision of fractional
section, the aggregate quantity not ex-
ceeding one hundred and sixty acres.
6. Ii the pre-emptor should not wish
to enter the quantity of one hundred and
sixty acres, he may enter single half
quarter section, or an eighty acre subdi-
vision of fractional section.
| z. One or more adjoining forty acre lots
may be entered, the aggregate not exceed
ing one hundred and sixty acres.
| 9. A regular half quarter, half quar-
ter subdivision, or fractional section,
may each be taken with one or more forty
acre subdivisions lying adjoining, the ag-
gregate not exceeding over one hundred
and sixty acres
Forty acre tracts or quarter-quarter
sections, are subject to entry, selection,
or location, precisely in the manner that
eighty acre tracts, or half quarter Sec
tions have heretofore been.
| Only one person on a quarter section
is protected by this law, and that is the
one who made the first settlement, pro-
vided he shall have conformed to the
other provisions of the law.
A person who has once availed himself
of the provisions of this act, can not at
any future period, or at any other land
Office, acquire another right under it.
No person who is the proprietor of
three hundred and twenty acres of land
in any State or Territory of the United
States, is entitled to the benefits of this
act.
Ne person who shall quit or abandon
his residence on his own land, to reside
on the public land in the same State or
Territory. is entitled to the benefits of
this act and satisfactory proof must be
furnished that he has not done so.
Land is not properly, legally surveyed,
until the surveys made by the deputies
are approved by the surveyor general /;
but in accordance with the spirit and in
tent of the law, and for the purpose OF
bringing the settler within its provisions,
the land is to be construed as surveyed
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 recognized. The
patents must issue to the claimants, In
whose names alone all entries must be
made.
SUNDRY DESCRIPTIONS OF LAND WHICH ARE
EXEMPTED FROM THE OPERATIONS OF
THIS ACT.
| I. Lands included in any reservation
by any treaty, law, or proclamation OF
the President of the United States, and
lands reserved for salines or for other
purposes.
9. Lands reserved for the support Of
schools.
i 5. Lands acquired by either of the last
two treaties with the Miami tribe of In
dams in the state of Indiana, orwhieh may
be acquired of the Wyandott tribe of In
! dams in the State of Ohio, or other Indian
reservation to which the title has been OF
may be extinguished by the United
States at any time during the operation
of these acts.
4. Sections of land reserved to the
United States, alternate to other sections
granted to any of the States for the con-
struction of any canal, railroad, or Other
public improvement.
5. Sections or fractions of sections in
cluded within the limits of any incorpo-
rated town.
6. Every portion of the public lands
which has been selected as a site for q
city or town.
i Z. Every parcel or lot of land actually
settled and occupied for the purposes oi
trade, and not agriculture.
j @. All lands on which are situated any
known salines or mines.
Persons claiming the benefits of this
act, are required to file duplicate afidavits
such as the law requires, and to furnish
proof by one or more disinterested wit.
nesses of the facts necessary TO establish
the three requisites pointed out in the
commencement of these instructions, and
|, that referred to in succeeding place, in
relation to the claimant not having quii
Tor abandoned his residence on his own
, land.
i The Witnesses are tobe firstduly sworn OF
affirmed to speak the truth and the whole
truth, touching the subjectof inquiry. By
! Isome officer competentto administeroaths
and affirmations and, if not too incon-
venient by reason of distance OF resi-
4 dence from the land Office of the district
or other good cause. must be examined
by the register or receiver, and the tes
timony reduced to writing in their pres.
ence. and signed by each witness, anc
certified by the officer administering ths
oath or affirmation, who must also JON
in certifying as TO the responsibility ant
I credit of each witness.