Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1873-05-09
JOINT ENTRY or LANDS.

Ac'reular has been issued from the Gen
eri Land office calling the attention o.
Registers and Receivers to the act of March
8, 1868, entitled an act authorizing joint entry
i by preemptioll settlers, and for other pnr.
1 poses, concerning their duties in administer
ling the..act. The Commissioner advises
first, when the surveyor III the field fiAds two
or more settlers with improvements on the
same legal subdivision. u Joint entry thereon
will be allowed as heretofore. II they 50
| elect. However, they may contract by and
between themselves only that one OF them
file for and enter the whole Of such tract,
and after patent is issued to him. convey to
others their portion OF said land. Under the
last named provision, it IS necessary that the
said contract be made first, and that the fill
ing and entry shall both be made In pursn-
ance thereof This contract must be made
in writing, signed by all the parties thereto,
attested by two disinterested witnesses. and
sworn to before some officer qualified to adj
minister oaths In the county where the land
is situated, and whose official character must
be certified to under the seal of the court.
D The land officers are further required TO
make no reference to the contracts until the
party seeks to make actual entry, when they
will require his original paper; or, ii the
same has been placed upon the records of the
county, a duly certified copy thereof, under
seal, will be sufficient. The officers are in
structed to ask for such proof of occupancy.
by settlement, residence and improvement,
by each and every party to said contract, as
would be sufficient tinIler the former practice
to Justify joint entry. Their good iaItf
and compliance with the law must be fully
proven. The prosiso to section one Is said
TO mean that not more than 100 acres, or
technical quarter section, these being usual y
ed, iyalent, as allowed under the precmption
laws, shall be included IN any one entry. All
inconsiderstble excess, where the tract is
bounded by regular quarter section lines,
will be permitted. rIle act does not specify
what Improvement settler must have on d
subdivision, partly occupied by another, to
entitle him to Joint entry. .ss3si 3 s''s
1t is held, however, that each must have
of value, and not merely OF d
nominal character or extent, to warrant 4
under this act. The pre- emption
affidavit, as written in the circular of August
80. 1872, will be amended in cases where
entry is made under this act, by inserting
after the word "whomsoever," in the ninth
line. on page II, the words .'saye under the
act OF March,, 1873, and 50 specified in the
contract herewith submitted ii, pursuance
lhcr o.
lii each case the original contract, or the
.ertisa.l ~vpy tnereof from the record, is to
be furnished to the General Land office with
.he entry OF the papers. The act refers only
% pre-emptions, or agricultural lands. and
he word ss'homestead ''in the last line of the /
oroviso to the first scctien is held only in I
descriptive sense. Where either or any of /
he parties settle after survey, no joint entry
,r pl occedng under this act can be had.