The Kansas herald of freedom., 1857-01-31

without stating the facts specifically.
The witnesses must state, if the pre-
emptor be the 6 head of family, " the
facts which constitute him such, whe-
ther husband having a wife and
children, or widower, or an unmar-
ried person under twenty-one years of
age, having a family, either of rela-
tives or others depending upon him,
or hired persons or slaves.
All the facts respecting the settle
ment in person, inhabitancy or per-
sonal residence, the time ofcommence-
ment, the manner and extent of con-
tiuuanee, as well as those showing the
apparent objects, shonld be stated.
1t must be stated, that the claimant
made the settlement on the land in
person; that he has erected dwelling
upon the land that the claimant lived
in it, and made it his home, &c. By
this means, you win be able to deter
mine whether or not the requisites of
the law have been complied with in
any given case. Should you decide
against claimant, who, feeling dis
satisfied with such a decision, may re-
quest, in writing, the opinion of this
office thereon, you will forthwith for
ward all the original papers touching
said claim, and a brief report of your
reasons for rejecting it /; and, in the
meantime. will not permit the land
claimed to be entered or sold without
an order from the Department.
The affidavit Of the claimant in refe-
renee to the fact of settlement, &C.,
need not be required. 1t is in no case
legal evidence on these points, and
therefore should not form part of the
proof in reference thereto. The only
affidavit required of the claimant is
that prescribed by the 18th section of
the act which is to be taken before the
Register or Receiver. (See form c,
hereto annexed.
No entry must be permitted until
this affidavit is taken. Duplicates
thereof must be signed by the claim
ant, and the fact of the oath being ta-
ken must be certified by the Register
or Receiver administering it, one copy
to be filed in your Office, and the other
to be transmitted to this Office. Each
entry made by virtue of this act, must
be designated by marking on the mar
gin of your quarterly accounts and
monthly abstracts, opposite to the
tract. the abbreviation of "Pre'n,
1s41," and on the face of the receipt
and of the certificate, "Pre-emption
Act of 1841."
You will continue. unbroken, the reg
ular series of numbers and certificates.
The original proof, affidavit, and re-
ceipt, must be filed with the certificate
of purchase. in each case; each paper
being appropriately endorsed, and
transmitted to this Office, with your
monthly abstract, which must contain
and show the aggregate of lands sold.
and the purchase money, at the foot
of the abstract. Also, separate ag-
gregate of the lands sold, and the pur-
chase money, under each of the pre-
emption acts by virtue of which any
entries in that month may be made.
No excuse can be allowed for negli-
gence in observing this direction.
The forms for applications, receipts,
and certificates, will be the same as
those used for private entries-the
distinct provision for land subject to
private entry rendering separate form
for lands of the latter description un-
necessary.
Very respectfully, gentlemen, your
obedient servant,
E. n. HUNTINGTON,
Commissioner.
Tile Register of the Land Office, and
Receiver Of Public Moneys,
Land Office at
Declaratory statements of a settler on land
settlement, required by the 18th section
of the act of 4th September, 1e41.
FoRM A.
For cases uhere, at the date of the Ias0,
the land claimed was subject to pirate
entry.
I, A. B.. of -, being fthe head
of a family. or widow, or single man
over the age of twenty-one years, as
the case may be, and a citizen of the
United States, or having filed my de-
claration to become a citizen, as re-
quired by the naturalization laws, as
the case may be, have, since the 1st
day of June, 1910, to wit: on the
- day of A. ID. 18-,
settled and improved the quar-
ter section, mum Der -, in town.
ship number of range number
.-, in the district of lands subject
to sale at the land Office at -,
and containing acres, which
land was subject to private entry at
the passage of the act of 4th Septem-
Der, 1S41 !; and ] do hereby declare
my intention to claim the said tract Of
land as pre-emption right under the
provisions Of said act of 4th septem-
ber, 1s41.
Given under my hand, this -
day Of -, A. d. 1S--
fSigied) A. b.
In presence Of G. d.
FoRA B.
For cases ghers tie land claimed shall
hare been rendered subject TO prirGse
entry since tie date Of The iasO.
/, A. B., of -, being Ethe
head of family, or widow, or single
man over the age of twenty-one years.
as the case may be, 9 citizen Of the
United States, or having fled my de-
claration 10 become . citizen, as re-
qHired by the naturalization laws, Is
the case may be, have, since the LIST
day of -, A. ID. 18-, settled
and improved the quarter OF