The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-06

1885, mating ii the general grant does require them
In instances 1t has been alleged that the Sc
ectons under the swamp land grant, by the agents Of
the States, fraudulent embracing dry LAND A. for
cultivation Where applicant to purchase a tract of
th. description files an adavt, showing the land to hs
Of such character to exclude it from the grant, the
practice Of the Office has been to direct that notice be
given the authority representing the State, and to the
contestant and after proper hearing Is ascertsoea
that the land within the grant the affidavit of he
to enter it provided the State seec has not been a
rmed and reported to the local land Office but it has
been affirmed and reported the land must be re-intro
deed to market after thirty days notice as preliminary
TO Its sale.
The act of I'd March, 1855 authorizing the issuing Of
patents upon sales and locations of swamp lands under
limitations and with indt mniy TO the States certain
conditions has relieved purchasers and this Office by al
lowing the issue of large number Of patents that had
been held in suspense.
The reflections Of land for the Hannibal and St. Joseph
Railroad in Missouri under the act of 10th June 1852
thy however falls short about 49, 600 acres of that
which would have accrued under the grant had there
been sufficient vacant lands for selection within the
scribed limits The sections reserved to the United
States within the six mile limit have been oere at pub
lie fae to be sold at the double minimum and the lands
heretofore withdrawn from market outside OF the six mile
limits have been restored to private entry
deficit OF coo 5000 tacres, to cover small discre
pances remains yet to be selected for the illinois Central
Railroad and branches for which the nstruo
ons have been given and that quantity will close the
The map of final location Of the Cairo and Full on Rail
and branches in the States Of Missouri and Arkan-
sas have been received grant made for them by
the of February 1852 in process OF adjustment
the States int ested having appointed the proper agents
TO that purpose Without waiting for the anal adjust
of The grant it is contemplated at early day to
advertise for SALE at the double minimum price the lands
reserved to the United States within the six mile limits
and to restore the lands outside Of those limits.
Under the act OF August A. 1852 entitled IAN act to
grant the right of to all railroads plank roads and
belonging to the United sases the IRON Mountain Rail
road Company of Michigan and the Milwaukee and
Mississippi Railroad Company Of Wisconsin, have filed
the required maps of the location of their respective
roads and claimed the benefits of the act and tue nes
Of the roads have been laid down the Official pts of
survey to protect the rights thus quired and
the rsv embracing the location win be sold subject to
those nights
No formal applications have yet bsen ma to this Office
Tor TIE benefit Of the PROVISIONS OF the act OF FEBRUARY
H. 1865 granting the night of way two hundred fest in
width through the public lands for line OF telegraph
from the Missouri or Mississippi river to San
making appropriations for the service of the Post Office
Depart emit which allows presumption rights to cash
mails through any the Territories of the United States
west Of the Mississippi river Shoald any apph ;atops
be ade uD6er the la ter law they will be treated on
various questions which viii tbs Indian
treaties and the general land laws applica the
BY the Of August 1854 the Governor OF the STATE
OF illinois authorized TO select the residue Of the
land which that State entitled, under the act Of
Mar 2, 1927, to aid ID opening canal TO connect
The waters Of the Illinois river with Lake Michigan,
the quantity 10 he ascerained the princ pies which
governed the ra adjustment of the grant to Indiana
for the Waba h and Erie Canal under act of May g. lS4S
On this basis were found due to the State Of
Acres
Illirois. =. 80 5000
On August it, 1855, lists Of selections were sub
ni.ted and approved, for ..............277 100 60
Leaving. 5lss Is
selected but MT approved, on accoun, Of conflicts
TIE land made to the State Wisconsin by the
act of August S4eamepded by the act OF August 49,
1854 with the explanatory resolution Of March 1855
construed by the Department of the In terror gives to
that State 9 acres of which there has selected
and approved 2os 303 leaving be sescted 47596 To
facilitate the remaining selections, under the grant
special certificate issued April IS 1885, excluding
Fl, location 60 s32 OF the alternate secions
we'd to the United States for the that they had not
been offered
TIE difficulties which have arisen under tho operation
Of Graduation act Of 4th August 1854 very
Notwithstanding the instructions issued by teis
Office for the direction Of the local officer in max ng sales
lands under this act many entries have been per-
ited in disregard Of those Instructions and conflict
with the rights Of others, in the adjustment of which
large amount Of correspondence has ensued.
The contested cases are principally Of the following
]. Where the land entered was under settlement at
the date Of the law by party who claims superior
right by virtue Of such settlement.
2. Where the entry made for the of adjoiu
ing farm, and the land entered does not, with the FARM
form a compact body.
g. Where the entry made for the Of an adjoin
ing farm and it Is alleged the party owned such farm
and the entry made 10 fraud
T. Where the entry made for the use OF a Join
ing fam, but in which the tract il wild, unoccuped
LAND and not in fact farm within the contemplation of
the law.
s. Where the entry made for actual settlement aud
cultivation and alleged the party sold the land soon
after it entered at advanced price and before
settlement lad been made thereon.
o. Where the entry was bya minor
local land efces, after due notice to all interested.
Those officers have received ample instruo for their
sdudcation and the testimony with their joint report
is required in each to be submitted to this Office for
revision
All approved smption entities under the oni
ton OF the act will be patented.
All certificates of purchase for entries for the Of
adjoining farms under the third section, where the
tries regular and unconested, will be patented.
All certificates Of purchase for entries for actual settle
ment and cultivation under the third section where sat
sfactory evidence exists that the settlement and cuvs
on have made and the entries in other respects
regular will be patented.
Al certificates purchase 'or entries 70, actual settle
ment and cultivation where there is evidences befe
the Office that the settlement has been made, with
held nom patentDg and treated IS 10 suspense until
further orders.
Minors who are heads of families and others entitled
TO the benefit Of the pre- empton act of 4th September
l84l also regarded Is entitled to the benefit Of the
1t has proposed mooify the circular of LIST May
1855, by extending the time from two to twelve months
within which the settlement is required to be made after
the land has been entered.
We must either discard the requirement OF evidence Of
settlement and carry urconesed entries OF this class
into patent fix period within which the settlement
shall be made under the entry, and prescribe
for the production OF testimony this point that
hereafter may perfect the title or cancel the entry
should be dc cded that the Department has the legal
ability TO prescribe the rule and measures suggested
this class will be ps led in train of settlement
but If otherwise the nterposition Of Congress will be
required.
by the act Of Congress OF May go $780, all military
rrants Issued by the United States for re Evolutionary
service to the act Of September &c. 1776 and
subs quent acts which merely extensions OF this
are now satisfied by the issue OF land scrip hereonsuch
issue being 10 favor of the warrantees their heirs
or deyi-ee the rights Of assgnees not being regarded
The amount Of scp issued by this Office pursusn TO the
above act from September 80, 1854 to September 80
1855 both dates inclusive, Il 626a vi ginia mill
tary WARRANTS are now satisfied pursuant to the Of
August 81 1852 by the issue Of scrip thereon favor of
the presen propetors," who considered to be the
warrantees their heirs at law dev-ees assgnae as
the case may be- This approp aton IL general applying
to oil warrants parts Of warrants which have been is
sued allowed by Virginia. which outstanding or I'm
satisfied.
The following acts have been passed by Congress- milking
appropriations for the satisfaction Of Virginia military
warrants viz. -
Acr4.
May 90, 1890, appropriatins ........."... 10000
July IL, 1872 .......... ........ 800, 900
March 2, 1885, {. .................. 200 600
March 3, 1885, .................. $50 900