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

may render them necessary, provided in
the latter case the aggregate quantity does
not exceed one hundred and sixty acres.
Fourth. Two half-quarter or eighty acre
subdivisions of fractional or broken Sec
ton, adjoining each other, the aggregate
quantity not exceeding enc hundred and
sixty acres.
Fifth. A regular half-quarter and an ad-
joing fractional section, or an adjoining
half-quarter subdivision of a fractional
section, the aggregate quantity not exceed
ing one hundred and sixty acres.
Sirth. If the pre-emptor should not
wish to enter the quantity of one hun
dred and sixty acres, he may enter single
gle half quarter-sectioD, (made by north
and south line,) or an eighty. acre subdi-t
vision of fractional section.
Seventh One or more adjoining forty
acre lots may be entered, the aggregate
not exceeding one hundred and sixty
acres.
Eighth. A regular half-quarter, half
quarter subdivision, or fractional section,
may each be taken, with one or more
forty y-acre subdivisions lying adjoining,
the aggregate not exceeding one hundred
and sixty acres.
Only one person on a quarter section is
protected by this law, and that is the one
who made the .frst settlement, provided he
shall have cohformed to the other provi-
sions of the law.
"A person who has once availed himself
of the provisions Of this act cannot, at any
future period, or at any other land office,
acquire another right under it.
No person, who is the proprietor of three
hundred and ttCeaty acres of land in any
State or Territory of the United States.
is entitled to the benefits of this act.
No person, who shall quit or abandon has
residence on his o,en land to reside on the
public land in the same State or Territory,
is entitled to the benefits of this act.
No pre-emption right exists by reason
of settlement on and inhabitancy of a
tract. unless at the date of such settlement
the Indian title thereto had been extin-
guished.
The approval of the plat is the evil
dence of the legality of the survey; but
in accordance with the spirit and intent of
the law, and for the purpose of bringing
the settler within its provisions, the land
is to be construed as surveyed, when the
requisite lines are run on the field and the
corners established by the deputy sur
veyor.
No assignments or transfers of pre- emp
ton rights can be recognised. The pat
entS must Issue to the claimants, in whose
names alone all entries must be made.
SHndry descriptions Of land ,chich are er-
enlpted from the operations of this act.
First Lands included in any reserva-
ton by any treaty, law, or proclamation,
of the President of the United States,
and lands reserved for salines and for
other purposes.
Second. Lands reserved for the support
of schools.
Third. Obsolete.
Fourth. Sections of land reserved to
the United States alternate to other Sec
tions granted to any of the States for the
construction OF any canal, railroad, or
other public improvement.
Fifth. Sections or fractions of sections
included within the limits of any incor-
porated town.
Sirth. Every portion of the public
lands which has been selected as a site
for city or town.
iSerenth. Every parcel or lot of land ac-
tually settled and occupied for the pur-
poses of trade, and not agriculture.
Eighth. All lands on which are situated
any known salines or mines.
Persons claiming the benefit of this act
are required to file duplicate affidavits,
such as the law requires, and to furnish
proof by one or more disinterested wit
nesses, to your entire satisfaction, of the
facts necessary to establish the three re-
quisites pointed out in the commencement
of these instructions.
The witnesses are to be first duly
sworn or affirmed to speak the truth,
and the whole truth, touching the subject
ofinquiry, by some officer competent to
administer oaths and affirmations and
if not too inconvenient, by reason of dis
tance of residence from your Office, or
other good cause, must be examined by
you, and the testimony reduced to writ
ing in your presence, and signed by each
witness, and certified by the officer ad-
ministering the oath or affirmation, who
must also join you in certifying as to the
respectsbility and credit of each witness
| In case adverse claims shall be made
to the same tract, each claimant must be
notified of the time and place of taking
testimony, and allowed the privilege Of
cross-examining the opposite witnesses,
and of producing counter proof, which
should also be subject to cross -examina-
tion.
When, by reason of distance, sickness
or infrmity, the witnesses cannot come
before you, you are authorized to receive
| their depOsitions which must be, in all
other respects, conformable to the within
regulations.
The notice to adverse claimants should
be in writing, and should be served in
time to allow at least day for every
twenty miles the party may have to trav-
ell IN going to the place of taking evidence.
The proof, in. all cases, should consist OF
simple detail of the facts merely, and
not of statements in broad or general
terms, involving conclusions of law. tits
your exclusive province to determine the
legal conclusions arising from the facts; for
instance, a witne IS should not be permit
| ted to state that claimant is the "head
of family &c, following the words OF
the law, but should set forth the facts on
which he grounds such allegation be-
cause such mode of testifying substi-
| tnFos tha iudoamank of tha vritaosc fny
I yours, and allows him not only to de-
/ termine the facts, but the law. A wit
ness may possibly conscientiously testify
that a minor son living with a widowed
mother was the head OF the family; and,
in another case, similar in point of fact,
another witness equally conscientious,
might testify that the widowed mother
was the head of the family. There cau-
not be a uniform construction given to
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