The Kansas herald of freedom., 1858-08-07
NUMBER 2.--VOLUME 4.

4 he SCCtiOA Va S1AC 0St Va Ss~A
February, 1916, the third section of the
act of Sd March, 1919, and the third Sec
ton of the act of LIST Juue, 1910, las ex-
planned in the body of this circular,) all
provided for settlements on school lands
made by claimants at the periods required
by acts of 1913, 1914, 1888 and l84O,
before referred to; but these provisions
are now all merged in this third section
of the act of Sd March last, and all future
locations are to be made in accordance
with its provisions
NOTE II.
The fifteenth section of the act Of 4th
September, 1841, requires that the decla-
rations therein referred to shall be hied
within thirty days after the settlements,
aud the proof and payment made within
twelve months after such settlement.
The fifth section of the act of Sd March
last requires the declarations in cases to
which it has reference, to be filed within
three months after the date ofthe act where
settlement was made prior to the third Oh
March last, or three months after the settle
pent where it snail be made subsequent 10
said Sd March, and the proof and pay
ment may be made at any time before the
commencement of the public sale which shall
embrace the land claimed.
NOTE III.
The first section of the act of LIST June.
1910, gave to a settler under act OF ZZno
June, 1888, residing on one "quarter-sec-
tion" and cultivating land on another diff
ferent Quarter-section," the right OF en-
tering either of said quarter-sections, or
legal subdivisions Of each not to exceed
one hundred and sixty acres. This priyi-
lege embraced only single settlers on such
tracts-namely, where but one settler was
residing on one and cultivating the other
of such tracts; because only in such Ca
ses could the choica given be exercised.
This section extends similar privilege
to such single settlers, under act OF 1905,
on other tracts than quarter section"
but has omitted to provide for like Ca
ses under act of LIST of June, lo4O.
NOTE ".
The first proviso of the act OF 22nd
June, 1888, declares that "where more
than one person may have settled upon
and cultivated any one quarter section OF
land. each one of them shall have an
equal share or interest in the said quar-
ter section, but shall have no claim, by
virtue of this said act, to any other
land" This proviso was not aifectea
by the first section of the act OF LIST OF
june, 184O-that referring only to single
settlers on a guaTter-Section. See note
III 1t is now entirely superseded, IA
regard To future cases under acts OF 1000
and 1910. where there are two or more
settlers on the same quarter-section, oy
the eighth section of the actof I'd March
last, which not only gives extended priyl-
leges to such settlers under either oil said
acts on quarter section, but makes pro-
vision for like settlers on other tracts than
a quarter-section.
NOTE V.
The act of4th September, 1841, confer
red no right where the settlement was
made on land to which the Indian title
had not been extinguished, and which was
not also surveyed at the time OF such set
tlement.
The latter part of the fifteenth section
of the act of 4th September. lS4l, provi-
ded that failure on the part of claim
ant under that section TO do any OF the
acts required thereby, should render the
land subject to the entry ''of any other
purchaser" The circular of 18th Sept
ember, 1912, directed such construction
of this latter clause to be observed by
the land officers as would prevent such
claimant from coming forward to enter,
at private sale, land previously claimed
by him as pre-emptor, after needing it for
twelve months from being purchased BY
any one else. lie had elected to take It
as pre- emptor, and, as such, was bound
under that law to prove his right; and it
was believed that Congress, in declaring
the land subject TO the entry of "any other
purchaser" should he fail to make good
his right of pre-emptiou, expressly de.
signed to exclude him in consequence OF
his neglect or inability to show the truth
of his declaratory statement by which the
land was for twelve months withheld
from being sold TO any other person.