Quasqueton guardian. (Quasqueton, Buchanan County, Iowa) 1856-1858, 1857-10-01
INFORMATION FOR PRE-EMpToRs.

The following communication from the
Register and Receiver of the Council
Bluffs Land Office to the Daily Meas,
contains much important counsel for the
benefit of those having or designing to
make pre- emptions in that or any other
Land District.
The Importance of bona .tclc settle
ment and evidence to sustain it, cannot
be over estimated by those desiring to Sc
cure the full benefits of wise and hum
BILE law like that which thus provides for
the pioneer and emigrant of limited
U. S. LAND OFFICE,
Council Bluffs, Aug. 27, 1857E
MEssRs. EDIToRs Your paper of the
22d inst, contained some useful inform
alton concerning the pre-empton law,
and the conditions upon which settlers
are entitled to its benefits. But as many
claimants, through sheer negligence, fail
to establish their rights under its provis-
ions, you will doubtless confer IL favor
upon some of your readers, by calling
their attention more definitely to few
points which are often overlooked or mis-
understood. Z,
First: In addition to the required set.
tlement and improvement upon the land
claimed, the claimant must not only have
resided upon it reasonable length of
time prior to, but mua actually reside up
on it-be making it his home" at tie
time Of tprooi2y up. -
If Improvements exist, or have been
made upon a tract prior to the settlement
upon which claimant filed his declaration,
he must still build house on the foun-
dation then laid, and make other valuable
Improvements subsequent to Mot settle
ment, the same as if there had been none
before.
These facts, together with others stated
by you, must be specifically proved, or
he will fail to establish his right to pre-
emption. 1t will not do for the witness
to state other facts or circumstances, ex-
pecting the Register to infer from them
the main essential facts which the law
positively requires to be prored. This is
a very common error.
Z Several cases have occurred within a
few days past, in which men have failed
to establish their claims for the want of
proof in these particulars ; and one poor
man has probably lost his home, within
the railroad grant, by the strangely erro-
aPpaar aPp'S AID pF6as S in ezaoe e19gea 9g q
from the day of his filing his declaration,
instead of within n year from the laying
of his foundation. In each of these ca
scs the claimant probably had IN equita-
bic right to pre-emption, which he lost
through negligence or inatten;ion to the
requirements by lawA
AS the present policy of the govern
ment is in furtherance of the true inter-
ests Of the country, to facilitate lis settle
ment and develop its resources, by Civ
ing all bona fde settlers chance to ac-
quire a tide to some portion of the public
domain, ii is matter of sincere regret
that any of that worthy class should fail
in any way to avail themselves of the
benefits thus afforded them. But, ear
nestly as we desire every one to succeed
in this laudable undertaking, it must be
borne in mind thata Land Officer has no
power or discretion in such cases. only
as prescribed by the law, which is posi-
tive in its conditions as it is plain and
explicit in terms. All necessary infor-
nation will be cheertully given to any
one who are terested in this subject.
REGISTER AND RECEIVER