The Kansas herald of freedom., 1858-08-07


four months next preceding, !" on quarter
section, a fractional quarter section, or
fraction of section less than one hundred
and sixty acres, and have cultivated land
on any other and different tract of either of
the descriptions above mentioned, such
settler is entitled to a choice between the
tract resided on and the tract cultivated,
or legal subdivisions of each, 10 include
his or her house and farm, SO as not to ex-
eeed one hundred and sixty acres, upon
filing the requisite proof and making pay
ment for the land claimed within the pc
rod prescribed BY law. This extension
of benefits is made to single settlers, and
to those only whose settlements were made
as the peEssi required by the act of 22d
June, 1888; it does not apply to settle
ments made since 22d June, 1888, and
prior to 1st June, 1910. See Note III.
The eighth section modities the first pro-
viso of the act of 22d June. 1888, appli-
cable as we'll to claims under that act as
to those under the act of LIST June, 1910.
In future, where two or more were resld-
ing on quarter section, fractional quarter
section, or fraction Of a section less than one
hundred and sirty acres. at the period re-
quired by the act of 22d June, 1888, or
that of LIST June, 1840, and any one or
more of such residents were cultiyating,
during the same period, on another and
different tract, or other and different tracts,
the persons so cultivating have the option
of entering the tract lived on, jointly with
the other or Others, or of abandoning the
tract lived on to those who have not cul-
tivated, and entering the tract or tracts
cultivated, so as not to exceed one hum
dred and sixty acres to any one settler So
cultivating. Where the persons cultivat-
ing do not abandon the tract reSded on, a
joint entry by all the residents may be
made of such tract and other contiguous
unoccupieck lands, by legal subdivisions"
to the extent Of as many times one hun
dred and sixty acres, in the whole, as there
are residents ON the first mentioned tracts
entitled under the same law. Where the
cultivator or cultivators abandon the tract
resided on, to the other residents, the for
mer are entitled to make a separate entry
of the tract or separate entries OF the tracts
cultivated, not to exceed one hundred and
| sixty acres, to any one settler, and the lat
ter have no claim to any land in addition
| to that resided on. In cases under this
section of the act, each cultiyator must
file separate proof of his right, SO as to
enable you TO file the same with the sep
arate entry of such cultivated tract. The
"coatiguous' unoccupied land referred to
in this section of the act is to be under
stood as land separated from the tract re-
sided on, by line only, not land in the
neighborhood, as near as may be; and
where there is no such contiguous land,
/ by reason of its being rightfully claimed
by, or in the occupation of Others, the
right fails. Such contiguous land Is to be
embraced in the same certificate with the
land on which the claimants reside.
The proviso to this eighth section limits
the extended privileges given by the act.
1t may, therefore, happen that tract,
OtlIer than quarter section, may be claimed
| (under the provisions of the 9TH and 8th
sections of this acD by virtue of its culti-
vation during the period required by the
act of 22d June, 1888, where the same
/ tract is claimed by resident thereon under
[ the act of 1st June, 1910, or under that of
4th September, 1871; or it may be the
subject of conflict between cultivator at
the time required by the act of LIST
June, 1910, (under the eighth section
of this act,) and a resident under the
act of 4th September, 1841. In all
such cases, the first mentioned claims,
which would otherwise exist under this
act, must yield to the "previous and
paramount right of presumption" founded
on the provisioas of law existing at the
date of this act. [See Note W.
By the ninth section you are authorized
to permit the entry of claim under the
act of 4th September, 184l, although it
may be for land not Surveyed at the time
of the settlement, where such settlement
was made prior to the 4th September,
1841, and after the extinguishment of the
Indian title. The object of this, it will
be seen, is to modify the provisions of the
act of 1841 so far as to remove from claims
under it the fatal objection of being
founded on settlement made before the
survey, provided such settlement was
made prior to the 4th September, 184l.
ne CoDCluuih5 PaioSt"PA "a 'AS AA''S-
! section renders imperative the construc-
ton placed BY this Office upon the latter
part of the fifteenth section Of the act Of
4th September, i841. That portion, there
fore. of the last paragraph on the 1st page
of circular of 28th September, 1912,
which relates to this subject, is annulled /;
and you are instructed to permit a person
who has filed, or shall hereafter file, ac-
cording to law, declaratory statement for
tract of land subject to private entry, to
enter the same after the twelve months
from the time of his settlementshall have
expired, without filing any proof of his
right as pre-emptor, provided he is the
first applicant, after that time, for the entry
of the same at private sale. tSee Note
VI l am, very respectfully,
Your obedient servant,
THO. II. BLAKE,
1 4 -