The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1872-09-06

rights OF settlers, ana also for town
sites, subject to the limitations of tn,
act, under regulations to be prescribed
by this office.
You will, therefore. give notice. BY
publication of not less than four weeks
i'll two newspapers having the largest
circulation among the settlers Oh said
lands in your district, that all persons
claiming settlement prior to such pub.
LEGATION, must within three months
from the date of the notice. file in your
Office their declaratory statements, as
i'll prescription eases, properly describ.
ing the land claimed and the date OF
settlement.
Thereafter such persons must prove
up and pay for the lands claimed with
III one year from the date of the secre-
tary's approval of the Sd instant, if the
settlement was prior to the passage OF
the act, and within one year from date
of settlement if subsequent to such
passage.
Parties settling within one year from
the date of the act, and subsequent to
publication Ofnotice, will be required to
file their declaratory statements within
three months, and make proof and pay
ment within one year from date of set
tlcment.
Town site claimants must conform
to the limitations herein, and file and
make proof and payment within the
time prescribed. No special instruc-
tons are deemed necessary for the ex-
ecutiOn of this provision.
Not exceeding one hundred and sixty
acres can be taken by any settler.
When settlement is upon tract con-
tiguous TO a fraction of less than forty
acres, the fraction must be made a
part of the entry, even to the exclusion
of regular quarter-quarter section or
larger fraction, as the statute is spc-
citic i'll requiring the fraction to be sold
with the contiguous tract.
In cases of conflict, however, where
the settlement mas been made prior to
publication of notice, adjustment will
be made to conform to the usual prac-
ticc of awarding to each settler. as
near as may be by legal subdivisions.
his house and most valuable improve
ments. In cases where settlement is
Initiated after such publication prior
ity will govern as in pre-emptionc cases
upon surveyed land.
The filings and entries under this act
must be numbered consecutively in
their order upon regular monthly alb
stracts commencing with number one.
and reported at the close of each month
as . Cherokee lands. under act of Nav
II, 1872"
Your fees and commissions will be
the same as in ordinary pre-cmption
cases, nothing but cash being received
in payment for these lands.
The qualifications of applicants I'M
der this act must conform as to citi-
zenship TO those of a claimant under
the presumption statutes, in accordance
with the principles observed in the
of the joint resolution
of April 10, 1869. and the act of july
Is, 1870. i'll disposing of the Usage
lands. The restrictions of the pre-
law, respecting ownership of.
or removal from other lands. will not
apply.
The rights of heirs are sufficiently
defined by the statute. Entry for heirs
must be made as in presumption cases.
by the executor, administrator, or one
Of the heirs, or in case of minor heirs,
by guardian. The right of the rep
in such case to act for the
parties in interest must be shown BY
the customary proofs.
You will in all cases require the affi-
lavit of the claimant Tor. in ease of
heirs. of the executor. administrator.
heir, or guardian.) setting forth the
fact and date of settlement, the period
Of actual bona fide residence. the ma
ture and amount Of Improvement, and
the avermcnt that the same were made
in good faith. for his or her exclusive
use and benefit. and no, for purposes
IF sale or speculation. or for the benefit
IF any other person. Also that no con-
tract or agreement has been entered
into whereby the title to be acquired
IAN inure, in whole or in part, To the
benefit of any other person.
This affidavit must be made before
the register or receiver. and must be
by the sworn testimony of
Two or more credible witnesses as TO
he qualifications of the claimant, the
fact and date of settlement. the period
IF actual residence. and the nature.
amount. extent and value Of improve
nen;s.
Six months residence must be shown
Is an indication and evidence of coed
faith.
The receiver, a. dishursing agent,
viii pay for the publication herein di-
aud forward to this Office, with
nj, account for the same. copies Of the
containing the same. with
proper affidavit Of publication, show
ne ii. Insertion for the requir,l period.
Very respectfully,
WILLIS DErMwoSD,
Commissioner.
>oTICH TO SETTLERS on THE CHERo-
KEE STRIP.
L = LAND csF.eE &scHTrA. ksssss,
SEguss = -.
In accordance with the provisions OF
he foregoing circular. all persons
tanning settlement on lands known n