Nebraska advertiser., 1856-12-13
p1nHr OF PRE.EMPTIoN.

RIGHT OF PRE-EMPTIoN.
Our article last week, Land SAILS in Me-
braska.n appears to have awakened a Spirit of
further enquiry. We desire to furnish correct
information, and in this article shall upon dis
r,te6 misc9ustrued, or misunderstood points
quote from the Act.of 4h September 1841,
and the instructions of the Commissioners re-
la6se thereto. As to who are entitled to the
benefit Of presumption, all appear to under
stand. As to the number of acres to be pre-
unpea there Is a difference of opinion-viz :
soma claim that by a Territorial enactment,
.tbr.c hundred and twenty acres OF a half Sec
ton can be pro-empteG. The law of Congress
SITS; "win be entitIelto enter by LEGAL subdi-
vision any number Of acres, not e1oaaiIRg 0as
4uni,e5 and sizty: or quarter Ssction.' Al
Lawyers, We believe agree that thssLegisIa-
tureO Of tins, or any other Territory or State,
have DO right to PassfLaws relatiresto5ths dis
posal Of the Sol conflicting with -thgorranic
Law, or lavR Of Congress- governing these
matters. Hence the TenSuoliaIEIHv mounts
tonotlhng and 1S0praz arsaH that one person
can pre-ewpt As % less Quantities the Com
missioner says II -rerUctOus to Registers and
Receiver ,g-HH IS evident that 40 acre. sub
divisions, can in no Gaze, be permitted, Of land
not yetprOclaimed and @Tef at Public Sale"
Thus is seems that 100 acres IS the only sized
parcel to be attained by. presumption before the
day Of land sales, end that 80 and 80 acre
tracts can only be had of such lands as hare
dsn offered. a-EI
Again there IS disagreeing as to fling a
Declaration. of intention 70 pre-empt, and the
time prsof- and payment must be made. We
quote from the act Of Al, eWhenever any
person has settled, or shall ssale and improve
a tract Of land, subject at tie time of settle
mcnt to private entry, and shall intend to pur-
chase the same under the provisions of this
act such person Shall within 80 DAYS next after
the date Of such settlement, file with the
Register Of the proper District a written state
ment, describing the lands settled upon, and
declaring the intention Of such person to claim
the'same under the provisions of this act; and
shall within Il months from the date Of such
settlement make the proof affidavit and pay
ment required. This act shall not delay the
sale Of any Of the public lands of the United
States, beyond lifetime which has been. or NAV
be appointed by the proclamation S the Presi.
dent; nor shall the provisions Of this act b
available to any person or persons who shall
i@l to make the proof and payment and 6It
the affidavit required before the day appOintet
for the commencement of the sales as afOre
said" Many contend that the proof an i,
affidavit are all that is required before the da,
Of sale, and that II months time is givenfron
day of sales 10 pay and Others, that there
no necessity for filing a Declaration of inter
ton. Theses are mistaken IDEAS and may lea
to serious consequences. The lawo of '54r
realed that portion Of the law of II requirir
settlement to be made after the land had be,
surveyed, and extended to settlers In Nebrasl
and Kansas the right of presumption if
settlement be made after the extinguishme
Ofthe Indian title, although before the lal
was surveyed. Il also provided a Survey
General for the Territories Of Nebraska a
Kansas at whose Office Declarations of int
ton TO pre-empt could be fled until the La
Olhces We're opened. We fear matters Telati
10 He-empting land, have, in many cas-
been left at rather. loose ends,s and that grt
difficulty viii be encountered by many VIII
the final oompliances must be made. Y
notice that in many portions of this Terrific
regular county or township organizations {
entered into Cor the benefit and protection.
settlers. Weadvise similar action in This p
uon of the Territory. Let the settlers cons
In regard to this matter, and call a meeting
some conyenient point, at as early a day
practicable. We are confident that a nut,
benefit will be the result Of such a neefl
and we are equally as confident that uni
something of the kind is done, many v
loose their homes and labor.