The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1872-08-23
inr the land claimed and the Gate OF

settlement.
Thereafter such persons must prove
up and pay for the lands claimed with
in 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 of notice, will be requiredtO
file their declaratory statements within
three months. and make prOOfand 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-
tions 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 a regular quarter-quarter section or
larger fraction, as the statute is spe-
cific in requiring the fraction to be sold
with the contiguous tract.
In cases of conflict, however, where
the settlement has 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 =, legal subdivisions,
h.;, ho"2c and most valuable improve
ments. In cases where settlement is
initiated after such publication prior
ity will govern as in presumption 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 May
IL, 1872"
Your fees and commissions will be
the same as in ordinary presumption
cases, nothing but cash being received
in payment for these lands.
The qualifications Of applicants I'M
der this act must conform Us to citi-
zcnship to those Of a claimant under
the presumption statutes, in accordance
with the principles observed in the
administration of the joint resolution
of April 10, 1869, and the act of July
Is, 1870, in disposing of the Usage
lands. The restrictions of the pre-
emption 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 pre-emptiOn eases
by the executor, administrator, or one
of the heirs, or in case of minor heirs
by a guardian. The right of the rep
resentative in such case to act for tho
parties in interest must be shown b!
the customary proofs.
You will in all cases require the aft
davit of the claimant Tor, i'll case o.
heirs, of the executor, administrator
heir. or guardian,) setting forth thu
fact and date Of settlement. the periO(
of actual bona fidc residence, the ma
ture and amount of Improvement, ant
the avermcnt that the same were mad,
in good faith, for his or her exclusiv,
use and benefit, and not for purpose
of sale or speculation. or for the bcneii
of any other person. Also that no con
tract or agreement has been entcrc'
into whereby the title to be acquired
can inure, in whole or in part, to tn
benefit of any other person.
This affidavit must be made befOr
the register or receiver, and must b
supported by the sworn testimony 0
two or more credible witnesses as 4
the qualifications of the claimant, tn
fact and date of settlement, the perio'
of actual residence, and the nature
amount, extent and value Of improve
mcnts.
Six months residence must be show
as an indication and evidence of goo
faith.
The receiver, as disbursing agent
will pay for the publication herein d
rected. and forward to this office, wit
his account for the same, copies of tn
newspapers containing the same, wit
proper affidavit of publication, show
ing its insertion for the rcquird periOt
Very respectfully,
WILLIS DRUMMOND,
Commissioner.