The Placer herald., 1870-06-25
INFORMATION TO SETTLERS UPON
3 a. ao1f PUBLIC LANDS. fs rra
UNITED STATES LAND OFFICE,


To Presumption and Homestead Claimants:
10 answer to numerous inquiries relative
to the mode of obtaining title to the public
Ispds in lhis, district, the following informa-
ton, from the laws, regulations, decisions,
and practice, condensed and smplfed as far
as practicable, is given:
All United States Government lands,
whether surveyed or unsurvsyed, not reserv-
ed, are open TO pre.emptioD and homestead
settlers. Ia this Land District there are no
offered land, as appears from the records of
this office. Title can be obtained only by
actual settlers who are qualified pre- emptors
or homestead claimants.
THE QUALIFICATIONS OF A PRE- E.EMPTIoN
CLAIMANT ARE:
lie or she must be citizen Of The United
States, or have declared his or her intention
10 become a citizen, the bead of a family, or
widow. or single man over twenty one
years OF age, and not the owner of three
hundred and twenty acres Of land in any
State or Territory Of the United States.
Such a claimant obtains title by making
settlement on the public lands, not rsserv-
ed, to which there is no adverse claim. His
settlement begins by erecting or purchasing
dwelling house on such land. aud moving
into it to make it home. Tue claim is
maintained by continuing to make it home
and improving it. usually by fencing and
cultivation. no amount being specified by
law. but enough is required to show that the
settlement is made in good faith. Next. if
the land has been surveyed, and the settle
ment was made after the survey, the claim
ant must file bis declaratory statement in
this office within three monls after the date
Of such settlement. If it was unsurveyed at
the date of se:tlemeut, then within six months
after the date OF The survey in the field, ex-
cep', II the survey was made prior to that
date, June lst, 1870, the claim must bs filed
within six months Of that date; that is, be-
fore December lst, 1870. This is the rule
prescribed under the Act of June Cd, 1862,
by receut instructions of the Secretary of
the Interior, dated March 22J, 1870.
AS TO RESERVED MINERAL LANDS.
Lands are reserved as mineral where they
are noted on the pats or field notes and re-
turned as such by the United States Sur
vsyor, or where credible persons make and
file mineral affidavils 10 this office, alleging
the land described to contain a valuable
mine or mines, and that such lands are more
valuable for mining than agricultural pur-
poses. Such aftidavits must be specific as
TO each forty acre tract described Yet
neither the rsturn of the survey nor the
mineral affidavit is conclusive against the
settler for agricultural purposes, who can
make aud file noD-mineraI affidavit, alleg.
ing the land TO be more valuable for agrl-
cultural than for mineral puposes, upon
which be is eutillsd to file his pre.empton
claim. and upon due notice given have trial
10 this office as TO the truth of his affidavit:
and If the testimony should then show the
laud in question, or any forty acre tract of
it, to be more valuable for agricultural than
mining purposes, the whole of it or such
portion will bs dealt with as open to pre-
emplion or homestead entry. IT, however,
all or any forty acre tract OF such disputed
land should appear to be more valuable for
mining than for agricultural purposes, all of
such portion of it will continue TO be reserv
cd as mineral land. e..an4 a esn
Where the land has been settled upon and
used for agricultural purposes prior to July
26tb, 1866, according to the provisions Of
the Act passed at that date, the burden of
proof shall be upon the party alIedging it to
be mineral. oH.r il i1t 80
AS TO PROVING UP PRE. EMPTIoN CLAIMS.
After the plat Of The township has been
filed in this office, and three months after
The filing OF the pre- snption claims, when
The improvements are sufficient to show a
valid settlement the proofs will be received
at this office. The proofs must show the
settlement, improvements, and continued
residence, as before stated, together With the
qualifications of the claimant as a pre,emp-
toner. Where the claim is not contested,
one credilable witness besides the claimant
will be sufficient. The proof being sa,ifac-'
tory, The case is passed for pateutng. In
case an adverse claim has been filed, eta
.ions will be issued from this office, and
lay fixed for bearing on application.
AS TO THE FORM OF THE CLAIM.
Any legal subdivision which is continuous
and will block (not corner) with another
nay bs takeo to the extent allowed by law.
NUMBER OF ACRES ALLOWED.
One hundred and sixty acres, whether 10
'r outside OF the railroad limits, or any less
ega subdivision, may be taken by pre- emp
ion. When not FRACTIONAL the claim may
% one hundred and sixty, one hundred aud
wsuty, eighty. or forty acres. II fractional,
the party is entitled to the quarter section,
hough It should slightly exceed one hun
Irsd and sixty acres. In homestead claims,
ands may BE- selected 10 the same form as
q pre-emption, and to the same extent, il
outside OF the railroad limits; il inside, then
,ot exceeding eighty acres. nor
haa AS TO FILING CLAIMS.
10 filing pre- smption claims, no affidavit
s required, and it is not necessary to come
% the Land Office. 10 these cases the claim.
INT, after making settlement (as before stat
,d). flss bis Dsclaratory Statement, which
will be prepared and forwarded TO him for
igoaturs, by writing answers to the follow
ug questions: t cFora O 2 oIgui
Firat--StatA vour mama fErst al LAT |