The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-05-04

along the u. P. railroad:
DEPARTMENT OF THE INTERIOR.
GENERAL LAND OFFICE,
Washington, D.. g., March 19, 1871
To the Registers aud Receivers, U. s.
Land Offices: Vlr5,
GENTLEMEN: Your attention is
called to the following act of Congress:
An Act to confirm presumption and
homestead entries of public lands with
in the limits of railroad grants in cases
where such entries have been made I'M
der the regulations of the Land Depart
ment:
BE IL enacted by the Senate and House
Of Representative Of the United Safes of
America IN Congress assembled, That
all presumption and homestead entries,
in compliance with any law of the
United States, of the public lands made
in good faith, by actual settlers, upon
tracts of lands of not more than n
hundred and sixty acres each, within
the limits of any Immigrant, prior to
the time when notice of the withdrawal
Of the lands embraced in such grant
was received at the local land office of
the district in which such lands are sit
uated, or after their restoration to
market by order of the General Land
Office, and where the presumption and
homestead laws have been complied
with, and proper proofs thereof have
been made by the parties holding such
tracts or parcels, they shall be confirmed,
and patents for the same shall issue to
the parties entitled thereto.
SEC. 2. That when at the time of
such withdrawal as aforesaid valid pre-
emption or homestead claims existed
upon any lands within the limits of any
such grants which afterward were
abandoned, and, under the decisions of
the rulings of the Land Department,
were .re-entered by presumption or
homestead claimants who complied
with the laws governing prescriptions
or homestead entries, and shall make
the proper proofs required under such
laws, such entries shall be deemed
valid, and patents shall issue therefor
to the person entitled thereto.
SEQ 3. That all such presumption
and homestead entries which may have
been made by permission of the Land
Department, or in pursuance of the
rules and instructions thereof, within
the limits of any Immigrant at a time
subsequent to expiration of such grant,
oLdll Dc uctIl1Cu Ndllu, dllu SoLipli-
ance with the laws and the making Of
the proof REQUIRED shall entitle the
holder of such claim to a patent there
for.
Approved April 21, 1876.
1t is required that every application
under this act shall be in such form as
to distinctly set forth the facts in the
case, and the specific grounds upon
which the party applying claims to be
included in the terms of the law; and
after the application shall have been
filed the applicant shall be allowed to
make proof of compliance with the pre-
emption or homestead laws as provided
in this act.
Applications under this act must, in
all cases, be made to the local land Of
ficers of the district within which the
land claimed is situated, and the proof
required must be taken before them, or
before n person authorized by law to
take the same. ~
! Nc person shall be deemed to have
lost any right who failed to make
proof required by the presumption or
homestead laws by reason of any de-
cision or ruling of this Office prior to
the approval of this act, and all such
persons may now make the proof re-
quired.
The proof must, in all cases, be filed
with you.
Transmit each case separately to this
Office, with such information as is in
your possession. gI + p.
Very respectfully,
J. A. WILLIAMSON,
Commissioner.
Under the foregoing law and instruc-
lions, the Secretary held that applica-
tons must be formally made, and the
| statute pleaded, in order to obtain the
relief offered by Congress, as will be
e from the following decision
Heirs of John Sitterie,
VS..
The Northern Pacific Railroad Co.,
Alexandria Land Office, Minnesota.
**#* The facts of this case are as
follows: John Sitterie made Homestead
Entry, No. S91, for said tract, on Sep
TENDER IA, 1870, and this entry was
cancelled on account of conflict with
the grant to said railroad company,
| April Z, 1873. Sittefie resided upon
and improved and cultivated said
tract, until the time of his death, June
4, 1875. Regina Strut, n of the
heirs at law of Sitterie, was allowed by
the local officers to make final home
stead affidavit and proof, and received
final certificate No. 1884, which was
issued in the name of the Heirs of John
Sitterie, deceased.
This case appears to have been taken
up and decided by you without any ap-
plication on the part OF the parties in
interest to have the entry reinstated
and confirmed under the act of April
21, 1876; 1 do not therefore consider it
necessary to pass upon the merits of
the case, and accordingly dismiss these
proceedings pro forma, without preju-
dice to the right of the heirs to make a
prnnar annlication and present DrODer