Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-06-05
United States Presumption Law.

Any head of family, or widow, or
single man or woman over twenty
one years of age, who is citizen of
the United States, or has declared
his intention to become citizen. as
required by the naturalization laws,
and is not the owner of three hundred
and twenty acres of land in any State
or Territory of the United States, is
entitled to the benefits of the Pre-
emption Law.
But no one can quit or abandon his
own lands to pre-empt other lands in
the same State or Territory.
The right to pre-emption extends
to one hundred and sixty acres of
public lands, whether minimum or
double minimum. Minimum lands
are those sold for less than 81 % per
acre double minimum those included
in the alternate sections reserved to
the Government within the limits of
railroad grants, and not sold for less
than 81 80 per acre.
A party desiring to pre-empt, after
selecting the land and making settle
ment upon ii, must file at the District
Land Office, declaratory statement
as to the fact of such settlement oc-
cupy and improve the land make
proof at the District Land Office of
actual residence upon and improve.
ment of the land F.: and pay the gov
eminent prices for it.
Public lands are known as "survey
ed lands" when official notice of the
survey has been received at the Dis
trict Land Office. Before such no.
tice, they are "unsurveyed lands, "
Offered lands" are surveyed lands
that have been offered for sale at pub
lie auction.
"Unoffered lands" are surveyed
ands that have not been offered.
On "unsurveyed lands" the declar-
atory statement must be filed within
three months, and payment be made
within thirty three months after Of.
fetal notice of survey is received at
the District Land Office.
con offered" lands the declaratory
statement must be filed within thirty
days from date of settlement, and
payment be made within one year
from date Of filing.
On "unoffered" lands the declara-
tory statement must be filed within
three months from date Of settlement
In all cases, at least six months
actual residence is required before
payment is allowed.
The proof required is the affidavit
of the party, who must swear or af-
firm, "That l have never had the
benefit of any right Of presumption
under this act that | am not the
owner of three hundred and twenty
acres of land in any State or Terrific
ry of the United States, nor have
settled upon and improved said land
to sell the same on speculation, but
in good faith to appropriate 1t to my
own exclusive use or benefit anC
that | have not directly or indirectly
made any agreement or contract il
any way or manner, with any person
or persons whatsoever, by which the
title which I may acquire from the
Government of the United States
should insure in the whole, or in par
to the benefit of any person except
myself"
This affidavit must be supported
by at least one disisterested witness
who is "a person of Responsibility
and entitled TO credit"
Payment for S1.25 lands may bt
made in cash, land warrants, or agri
cultural college scrip; for $3.50 lands
one-half must be cash.
Payment for the land entities thu
pre-emptor TO patent, upon receip
Of which, he ''can read his title clear.
The pre- emptor's rights, in case o
his death before perfecting title, de
scend to the heirs and the title may
be perfected by the executor, admin
istrator, or one of the heirs.
The Land Office fees are For FL
ing declaratory statement 50 90; 70
reducing -emption proof to writ
ing, fifteen cents for each hundret
words.