The Kansas herald of freedom., 1858-08-07
GENERAL LAND OFFICE,l
September %, 1S42.

GENTLEMEN:- You Will
require of every claimant satisfactory
proof that he had not left his "own land
in the same State or Territory" to make
the settlement by virtue of which he claims
a right under the act of 4th September,
1841.
Lands subject to private entry, at the time
of the settlement thereon, cannot be en-
tered by the settler under the law of 4th
September, unless he shall file declara-
tory statement. such as the 18th section
of the act requires, and in due time pro-
duce the necessary proof of his right, and
make the affidavit required by the law.
Where such settler, instead of entering
the land, as he might, at private entry,
elects to enter the same under the provi-
sions of the law of 4th September, 1841,
(whereby he obtains years time from
the date of the settlement to make the
payment) he is bound to comply with all
the requirements of that law. A failure
to do SO, in regard to any of these require
ments, renders the land subject to the en-
Try "of any other purchaser" =
X Instances
have been made known where persons
filed the deelaratory statement, as re-
quired, without any Improvements having
been made, merely with a view of keep
ing the land from being entered by any
other person for a year, intending near the
expiration Of that time to abandon their
pretended pre-emption claim, and enter
the same at private entry. The consum-
nation of all such cases must be prevent
ed, and this can be done by requiring a
rigid compliance with all the provisions OF
the law, as above directed.
A claimant is bound to prove his right
to, and enter all the land embraced by his
declaratory statement, if liable to the op-
Grafton of the act.
Declaratory statements are required
only* " for land subject to private entry"
at the time of settlement, and they should
not be received, filed, or reported to this
Office, if presented for any other land nor
should they be received for forty-acre I
lots, unless they are residuary'' ones,
such minor subdivisions, with the excep-
ton of residuaryt tracts, not being liable
to the operation of the act of 4th Sep
tember, 1641. The law provides only for
settlements made since LIST June, 184O-
Where, therefore, parties have made set
Elements prior to that time, and have not
availed themselves of the privileges of
the pre-emption act of 1st June, 1910,
their own neglect has deprived them of
any right of pre-emption founded on such
settlements.
The proof filed by euery claimant must
show the tinasH Of the commencement of TIE
settlement, as required by the LIST paragraph
of the instructions of 10th Sept, 1841.
The affidavit of the claimant required
by the 18th section of the act must be
taken "before the Register or Receiver of
the land district in which the land is situ-
ated'' before an entry is permitted, and
must be of the same date with the certi-
ficate of entry. An affidavit before any
other person will not justify your permit
ting the entry of the land claimed.
To entitle a claimant to the benefits of
the act of the 4th September, 1841, it is
necessary that he should have been either
citizen of the United States, or have
filed his declaration of intention to be-
come citizen, at the time of the settlement
upon which his claim is based.
The law eonfers only on the first settler
the right of pre-emption. The question
of priority will in all cases be decided by
you; and where an appeal from such de-
cision is taken, you will transmit to this
Office, for reference to the Secretary of the
Interior, the evidence filed by all the par
ties claiming the said land, with brief
reference TO the grounds of your decision.
The action of the Secretary of the In
terror will be reported to you, and then
the entry can be made by the person in
sSince the date Of this Circular. the act Of
81 March, ISs3. has been passed the 5th section
Of which req auires similar declaFat0ry statement:
for :" unofered land" See Circular Of the stt
May, 1919.
BY an act of 9th Mas, 1876. foSty-acre tracts
whether of offered" or unefered' land, ar.
rendered subject to pre-emPtion- See C1rcuial
Of 18th May, 1875.
tWhere an entry has been made Of enc forty
acre lot Of ieg1E eigkty-Gere satdfrtskos n VIZ
tue 6f the act Of 5th April, ls5S entitled Al
OF the =-zS5ic lands. the coHfl9aoss forty
lot of such legal subdivision Il called the residu
ary quarter quarter.
H1his date Is sII important for the purpose o
( determining in al eGses whether the settlement
/ was made within the proper time, and n thOs.
where the deelaratory statement Is required
whether such statement was fled in das season
and the sntry made within the legal period ate
] the settlement.