The Kansas herald of freedom., 1857-01-31
surveyed by the United States.

Of this act.
A person bringing himself within
each of the above requirements, by
proof satisfactory to the Register and
Receiver of the land district in which
the lands may lie, taken pursuant to
the rules hereinafter prescribed, viii,
after having taken the affidavit re-
quired by the act. be entitled to enter,
by legal subdivisions, any number of
acres not exceeding one hundred and
sixty, or quarter section, to include
his residence, and he may avail HIM
self of the same at any time prior to
the day of the commencement of the
public sale, including said tract,
where the land has not yet been pro-
claimed.
Where the land was subject to pri-
vate entry at the date of the settlement
made since 1st of June, 1S40, and
prior to the passage of this act, and
the settler is desirous of securing the
same under this act, he must give no.
tiee of his intentions to purchase the
same under its provisions, within
three months from the passage of the
law that is, before the fourth day of
December next.
Where the land shall hereafter be-
come subject to private entry, and after
that period a settlement shall be made,
which the settler is desirous of seeur-
ing under this act, such notice of his
intention must be given within thirty
days after the date of such settlement.
Such notice, in both cases, must be a
writtea one, describing the land set
tied upon, and declaring the intention
of such person to claim the same under
the provisions of this act. (See forms
a and B, hereto annexed
In the first case, the proof, affidavit,
and payment, must be made within
twelve months after the passage of
this act; and, in the second case, with
in twelve months after the date of such
settlement.
These declaratery statements are to
be regularly numbered by the Register,
in the order of the date of their recep-
tion, and entered in a suitable book,
eolumned off, to show the number, date
when received. name of the party, and
description of the tract claimed, and
monthly abstracts of the same are to
be furnished the General Land Office,
with your other monthly returns.
The existence of these claims should
be indicated on the township plats, by
marking, with red ink, cross. q, on
the spot occupied by the tract clainles:s;ii
and, also with red ink, noting on the
same spot the number of the declara.
tory statement, in neat and very small
figures, so as not too much to interfere
with the regular annotations which
will have to be made when the regular
proof and payment shall have beer
made by the claimant, and his entry
of the tract consummated. The exist.
ence of such claims should also be no.
ted, in pencil, in their appropriate
places in the tract books.
The tracts liable to entry under this
act, are some one of the following de
signations:
l. A regular quarter section, not
withstanding its quantity, may be g
few acres more or less than one hun
dred and sixty; or quarter sec.ion,
which, though fractional in quantity,
by the passage of navigable stream
through the same, is still bounded by
regular sectional and quarter-sectional
lines.
2. A fractional section, containing
not over one hundred and sixty acres,
or any tract being a detached or ano-
maieus survey, made pursuant to law,
and not exceeding said quantity.
8. Two adjoining half-quarter sec
tions lin all cases to be separated by a
north and south line, except on the
north line of townships, where the sur
veys are so made as to throw the ex-
cess or deficiency on the north and
west sides OF the township of the reg
ular acres mentioned in the first desig-
nation of the adjoining eighty-acre
subdivisions of the irregular quarters
found on the north and west sides of
townships, where more than two such
Subdivisions exist, or the excess may
render them necessary, provided in the
latter case the aggregate quantity does
not exceed one hundred and sixty
acres.
4. Two half-quarter OF eighty-acre
Subdivisions of fractional or broken
section. adjoining each other, the ag-
gregate quantity not exceeding one
hundred and sixty acres.
5. A regular halfguarter and an
adjoining fractional section, or an ad-
joining half-guarter subdivision of a
fractional section, the aggregate guam
tity not exceeding one hundred and
sixty acres.
6. If the pre-emptor should not
wish to enter the quantity of one hum
dred and sixty acres, he may enter q
single hait-quarter section, made Dy Q
north and south line, or an eighty
acre subdivision of a fractional see
.tion.
4. One or more adjoining residuary
| forty-scre lots may be entered. the ag-
gregate not exceeding one hundred and
sixty acres.
s. A regular half-quarter, a half
quarter subdivision, or a fractional
section, may each be taken, with one
or more residuary forty-aere subdivi-
sions lying adjoining, the aggregate
not exceeding one hundred and sixty
acres.
These lots can only be called t.re-
siduary" after the sale of the other
portions of the same quarter-section,
or fractional guarter-section. Pursuant
to the act approved April 5. 1882, au-
Ithorizing such minor subdivisions
It is evident. therefore, that forty
acre SO ubdiyisIons can IN no case b
permitted. of land not get proclaimed