Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-02


ment of the Interior; and at the suggestion
of Hon. C. n. Harris, Land Register for
this District we herewith reproduce the
same:
DEPARTMENT OF THE INTERIOR,
General Land Office,
Washington, D. c., August 10, 1873
Register and Receiver, e. S District Land
Office-Gentemen On the 23d ultimo the
Honorable Secretary of the, Interior rendered
decision i'll the case of Nelson Dudymott VS.
the Kansas Pacific Railroad Company, in
volving a construction of the last clause of
section of the act of Congress approved
July |, 1862, entitled "An Act to aid in the
construction of a Railroad and Telegraph
Line from the Missouri River to the Pacific
Ocean, x X" az Statutes, page
4S9,) which clause is in the following words ::
and all such lands, so granted by this
section, which shall not be sold or disposed OF
by said company within three years after the
entire road shall have been completed shall
be subject to settlement and presumption.
like other lands, at price not exceeding one
dollar and twenty Eve cents per acre, to De
paid to said company.
In accordance with such decision, a copy OF
which is herewith sent you, the following in
to lands granted by said Act of July /, 1862,
amended by the Act of July ,. 1864, and
the Act of March 8, 1869, authorizing the
transfer of part of the grant to the Union
Pacific Railway Company, Eastern Division,
to the Denver Pacific Railway Company
Where any person shall apply to file pre-
emption declaratory statement for tract, or
tracts, not exceeding quarter section, within
the limits of such grant, and whore the entire
road shall have been completed for more than
three years, such applicant will be required to
show that he or she is duly qualified pre-
emptor. Thereupon the declaratory state
ment will be conditonally received and the
proper note made thereof
You Will Immediately thereafter call upon
the proper officer of the railroad company for
a statement showing whether the lands ap-
piled for had been sold by it prior to the date
of the application to file declaratory state
ment thereof.
If the company shall report that the land
had been 50 sold, the report must show the
date of such sale, and the name OF the person
or persons to whom sold and give a descrip-
ton of the deed or instrument of Conveyance.
On the receipt of such report you viii reject
the application to file declaratory statement,
subject to appeal to this office.
If the company shall state that the land
had not been sold, you will allow the
decaratory statement, and upon the applicant
showing at the proper time, a fall compliance |
with the requirements Of the presumption
laws, permit payment and entry at 81 % per |
acre
Each declaratory statement ALLOW ed, aud |
entry permitted, should be given It's proper
number of the current series.
Should the company neglect or refuse to
lays after your call therefor, you will, upon
request by the presumption applicant, order
hearing to determine whether the tract or
5racts applied for are subject to such filing,
giving due notice of the time when and place
where such hearing will be held, in some
newspaper published and circulated in the
county where the lands are situated, notify
NJ said company, and any and all persons, if
uch there be, claiming title to said lands
Under it, to appear at the time and place
mentioned and show cause why the declara-
DRY statement should not be received
Atsuch hearing the applicant will be required
O prove that he or she is an actual settler
lpon the lands, and a qualified pre- emptor,
nd that the records of the county, where
leeds and conveyances are recorded, do not
how that the land had been sold at the date
+ the application to file declaratory state
nent therefor; and the company, or its
rantee, will be permitted to establish the
act of such prior sale by it.
If the company, or it's grantee, fail or re-
use to appear and offer any testimony, and
he proofs submitted by the applicant be, in
our Judgment, satisfactory, you will allow
he filing of the declaratory statement, and
transmit the record to this office for examina-
ion and instructions. If both parties ap- =
ear at the hearing and submit testimony,
on will transmit the record to this office
18th your joint opinion thereon.
As the law requires the proceeds of the
ales of such lands to be paid to the company,
ayments therefor must be made with cash,
nd not with military bounty land warrants
r agricultural college scrip nor can pre-
mption filing therefor be transmitted into
omestead entry
In making returns for the lands thus sold
gu will transmit separate abstracts of such
nds and accounts of moneys received there
n, for each company, i'll order that such
oneys may be passed to the credit of the
roper company.
For your information and guidance / sub
in the following list of companies whose
ants are clearly under, or subject to, the
rms of the Act OF July l, 1862, with the =.
ito of the completion of each road, as ap- AZ
,ars from the records of the Department.
Union Pacific Railroad, completed July 10,
49,