The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1872-08-16
ing the land claimed and the date of

lily the IduO CldlilCO duu tuc usAtc VI
settlement.
Thereafter such persons must prove
up and pay for the lands claimed with
in one year from the date of the sccrc-
tary's approval of the Sd instant, ifthe
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 dcclaratory statements within
three months, and make proof and paw
mcnt within one year from date of set
Element.
! Town site claimants must conform
I 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-
1 tiguOus to fraction of less than forty
acres, the fraction must be made a
part of the entry, even to the exclusion
OF regular quarter-quartcr section or
larger fraction, as the statute is spe-
cific i'll 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-
tice 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 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 Nav
IL, 1872"
Your fees and commissions will be
the same as i'll ordinary presumption
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 claimant under
the pre-emptiOn 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 cases,
by the executor, administrators. or one
OF the heirs, Or in case of minor heirs.
by guardian. The right of the rep
resentative in such case to act for the
parties in interest must be shown bv |
the customary proofs.
You will in all cases require the affi-
davit Of the claimant (Or, in case of |
heirs, of the executor, administrator. |
heir, or guardian,) setting forth the
fact and date of settlement, the period |
of actual bona tide residence. the ma
ture and amount of Improvement. and |
the avcrmcnt that the same were made
in good faith. for his or her exclusive
use and benefit, and not for purposes |
of any other person. Also that no con-
tract or agreement has been entered
into whereby the title to be acquired |
can inurc, i'll whole or in part, to the
benefit of any other person.
This affidavit must be made before
the register or receiver, and must be
supported by the sworn testimony of
two or more credible witnesses as to
the qualifications of the claimant. the
fact and date of settlement. the period
of actual residence. and the nature,
extent and value of improve
ments.
Six months residence must be shown
as an indication and evidence of good
faith.
The receiver as disbursing agent.
will pay for the publication herein di-
rccted, and forward to this office, with
his account for the same. copies of the
newspapers containing the same, with
proper affidavit of publication. show
ing its insertion for the requird period.
Very respectfully,
WILLIS DRUMIOND.
tnntni-