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

instructed as not to receive testimony or
proof, general statement. which embod
les, in general terms, the conclusions OF
law, without stating the facts specifically.
The witnesses must state, if the pre-
emptor be the "head of family" the
facts which constitute him such, whether
a husband having wife and children, or
a widower, or an unmarried person under
twenty-one years of age, having a family,
either of relatives or others depending
upon him, or hired persons, or slaves.
All the facts respecting the settlement
in person, inhabitancy or personal resi-
dence, the time of Commencement, the man.
ner and extent of continuance, as well as
those showing the apparent objects, should
be stated.
It must be stated that the claimant
made the settlement on the land in per-
son that he has erected dwelling upon
the land ; that the claimant lived in it,
and made it his home, &c. By this
means, you will be enabled to determine
whether or not the requisites of the law
have been complied with in any given case.
Should YOU decide against claimant,
who, feeling dissatisfied with such deci-
sion, may request, in writing. the opinion
of this Office thereon, you will forthwith
forward all the original papers touching
said claim, and brief report of your rea-
sons for rejecting it and in the mean
time will not permit the land claimed to
he entered or sold without an order from
the Department.
The affidavit of the claimant in refer
enoe to the factof 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 ref
erence thereto. The only affidavit re-
quired of the claimant is that prescribed
by the 18th section of the act, which is to
be taken before the Register or Receiver.
(Sse form c, hereunto annered.)
No entry must be permitted until this
affidavit is taken. Duplicates thereof
must be signed by the claimant, and the
fact of the oath being taken must be GER
tilted by the Register or Receiver admin
isterirgit 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 mark
ing On the margin of your quarterly ac-
counts and monthly abstracts, opposite to
the tract, the abbreviation "Pre'n, 1871, -
and on the face of the receipt and of the
certificate, -enptiOn dctof 1841."
You will continue, unbroken, the regrl-
lar series of numbers and certificates. The
original proof, affidavit, and receipt must
be filed with the certificate of purchase,
in each case, each paper being appropriate
ly 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, a separate aggre-
gate of the lands sold and the purchase
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 negligence in observing this
direction.
The forms for applications, receipts,
and certificates will be the same as those
used for private entries, the distinct pro-
vision for land subject to private entry
rendering separate form for lands of the
latter description unnecessary.
Very respectfully, gentlemen,
Your obedient servant,
E. N. HUNTINGTON, Com'r.
The REGISTER ofthe Land Office, and Re-
CEIyER Of PUJftc Moneys, Land Office at,
DECLARATORY STATEMENTS
Of asettler on lands subject to private en-
try at the date of settlement, required
by the fifteenth section of the act oi
fourth September, 1841:
FORM A.
For cases tghere, at the date of the lar, The
land claimed aCas subject to prirate entry
| I, A B, of -, being fthe head Of
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 declaration tc
| become citizen as required by the natu.
ralization laws, as the case may bel have
since the first day of June, 1910, to wit
On the -- day of --, A. d. 1856
settled and improved the - quarter
section number -, in township num-
Der --, of range number --, in
the district of lands subject to sale at the
land Office at - and containing -
acres, which land acas subject to priUat.
entry at the passage of the act of 4th Sep
tember, 1841; and do hereby declare
my intention to claim the said tract o.
land as pre-emption right under the
provisions of said act of 4th September
1871.
Given under my hand this - day
of =, A. d. 1856.
(Signed) 4 B.
In presence of
G D.
FORM B.
/ For cases ,0here the land claimed shall hau
ro.,1o~aT enGio-% IN ,a,-...,T.