Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1856-04-24
Graduation Act of August a. 1854.


Graduation Act of August a, 1854.
GENERAL LAND OrricE, April z, 1855.
Z GENTLEMEN: To secure the rights Of bona
fde settlers, by obtaining from them the
proof necessary 10 warrant the speedy is-
sue Of patents, and thus shield them from the
efforts Of speculation TO set aside such en-
tries, on the ground Of alleged non compl-
ance with he purpose Of the law, you were
directed by this office, in the circular of
January %, 1856, to call upon purchasers,
who made entries "lor settlement and cul.
tivation," 10 produce proof Of settlement.
&c., within two months from the date of no.
tice.
The time for presenting the proof was
was thus limited 10 hasten its production,
the Office reserving 10 itself the right 10 ex-
tend the period. at the demand Of parties
interested, within any reasonable limits.
"As the benefits OF the act were designed
to be for actual settlers only" as declared
by the Attorney General, in his opinion OF
the 28th July, 1866, il is proper TO fix the
time within which proof OF the settlement
shall be presented, but il is the opinion of
the Secretary Of the Interior, and the Com
missioner OF the General Land Office, that
it should be fixed upon the most libeaal
principles, and that the time heretofore al
lowed is too short, and that one year should
be allowed, thus assimilating the period 10
that prescribed in the presumption act of
l84l, in relation TO lands subject to private
entry.
Therefore you are hereby directed
LIST. In all existing entries, for "settle-
ment and cultivation" 10 allow the parties
one year from the first Of June next for the
production of the required proof Of actual
settlement, SC.
I'd. In all entries thereafter, (that is, af-
ter LIST June, one year from the date of en-
try is hereby allowed for the production Of
the requisite proof.
Sd. Where entries have been made, the
purchasers not intending to occupy the land
in person, under misconception of the law
upon filing an affidavit to that effect, you
will allow them 10 hold the land ut ST. 20
per acre, requiring them to pay up the diff
ference between that price and the sum al.
ready paid under the Graduation Act. For
the additional payment, the Receiver must
issue supplemental receipt, giving hall
number to it, in the regular series. The
transaction must be reported in the monthly
abstracts of the Register and Receiver, ant
the Receiver must, Of course, charge himself
with snch additional payments in his guar.
terly accounts.
4th. In case Of the death Of purchaser
before perfecting his rights, on proof to thu
satisfaction Of the General Land Office of tn,
bona fde intention of the decedent to fulfi
the requirements of the law, his claim shall
be confirmed to his heirs or legal represen
tatives.
9th. If minor is the "head of fami
ly," his entry is valid. Ii not the head of {
family, it is invalid. Opinion of the At
torney General, July %, 1859
In the case, however, Of purchaser
whose entry is invalid by reason Of his mi
nority at the time, but who afterward,
reaches his majority, and has identified him
self with the premises by actual settlement
and cultivation, the land may be secured t.
him by producing proof Of such actual set
Element and cultivation.
9th. Where an entry is made for the use
of an adjoining farm, it is required that ar
affidavit shall filed designating the 'origina
farm" SO it may appear that the entry
forms, with tho said farm" compact body
of land. This is oil the proof required il
this class Of cases.
7th. When the validity Of entries may be
contested, and the sales made void, no pref.
erence right will be given to the contestant
: to enter the land thus vacated, unless it shall
appear that he had right under the law, a.
|, an actual settIer thereon at the date If fhs
illegal entry.
Where entries made by spectators in vi
lation of the law, are set aside, the land,
covered thereby will be laid open, after
, proper notice, to actual settlers.
Very respectfully, your obedient serxant
THOS. A. HENDRICKS, Com.
Register and Receiver.