Delta chief., 1883-10-24
Preenpting Lands.

The following instructions have been COM
piled by the Interior Department for the
benefit of preemptors ....
The qualifications required of a preemptor
are that he Tor she) shall be citizen of the
United States, Tor have declared an intention
to become such y over q years of age or the
head of Il family an actual inhabitant of the
tract claimed and not be the proprietor of
800 acres of land in any state or territory.
a person who has removed from land of
his own to reside on public land in the same
state or territory, or who has previously eX
sercised his preemption right, is not quail
fed preemptor.
Lands included in any reservation, or with
in the limits of an Incorporated town, or
selected as the site of a city or town, or ac-
tually settled and occupied for purposes of
trade and business and not for agriculture,
or on which there are any known salines or
minerals, are not subject to preemption.
If the land is surveyed, but has not been
"otfered," the declaratury statement must be
filed within three months from date of settle
ment. If upon 'oiitred" land the filing
must be made within thirty days.
If the land is unsurveyed at the time of
settlement, the declaratory statement must
be filed within three months after the date of
filing the township plat in the local office.
Failure to file a declaratory statement
within the time prescribed makes the land
liable to the claim of an adverse settler who
does file notice of his intention at the proper
time.
The land office fee for filing declaratory
statement is $500, except in the Pacific States
and Territories, where the fee is $500.
precmption filing can be made only by
an actual settler on the land. A filing with
out settlement is Illegal and rights are
acquired thereby.
The existence of preemption filing on
tract of land does not prevent another filing
m ba made Of tbn m land suhin.t IA
valid rights acquired by virtue of the former
filing and actual settlement, if any.
Ga offered lands proof and payment must
be made within twelve months from the date
of settlement.
If the land is nmo6ered, proof and payment
may be made w.tAin thirty-three months
from date of settlement.
a failure to make proof and payment as
prescribed by law, renders the land subject
to appropriation by the first legal applicant.
The requirements of actual nhabitancy and
improvement must be observed as strictly
under the preemption law as under the home
Failure to inhabit and improve the land in
good faith, as required by law, renders the
claim subject to contest and the eatry to in
veStigation and cancellation.
Final proof in precmption cases must be
made to the satisfaction of the Register and
Receiver whose decision, as in other cases,
is subject to examination'and review by this
Office
The final affidavit must be made before the
Register Receiver, or before the clerk of
court of record in the county and state or ter
ritory where the land is situated. If in an
unorganized county the proof may be made
in Il similar manner in any adjacent county
in the same state or territory.
The preemptor is required to make oath
that he has not previously exercised his pre-
emption right that he is not the owner of
800 acres of land that he has not settled
upon and improved the land to sell the same
on speculation, but in good faith to appro-
PIRATE it to his own exclusive use that he
has not made any contract agreement, di-
rectly or indirectly, in any way or manner,
with any person whomsoever, by which the
title he may acquire from the United States
shall inure in whole or in part to the benefit
of any person except himself.
Any person swearing falsely forf,its all
right 10 Tie iani and 10 The purchase money
paid, besides being liable to prosecution
under the criminal laws of the United States.
All the lands comprising the late reserva-
tion are classed as "unofiered,"