, 1883-08-11
United states Land Law.


PRE-ENIPTIONs.
Al. The qualifications required of a
pre-emptOr are that he (or she) shall
be a citizen of the United States (or
have declared an intention to become
such), over 2l years Of age or the
head of family; an actual inhabit-
ant Of the tract claimed and not the
proprietor Of 320 acres of land in any
State or Territory.
A.. A person who has removed
from land Of his own to reside on
public land in the same State or Ter
ritory, or has previously exercised
his pre-emption right is not quail
fled pre-emptOr.
43. Lands included in any reserva-
tion, or within the limits of an incOr-
porated town, or selected as the site
of city or town, or actually settled
and occupied for purposes Of trade
and business and not for agriculture,
or on which there is any known sa-
lines or minerals, are not subject to
pre-emptiOn.
A. II the land is surveyed, but
has not been "ofFered," the declatOry
statement must be filed within three
months from the date Of statement.
II upon "OfFered" land, the filing
must be made within thirty days.
45. II the land is unsurveyed at
the time Of settlement, the declara-
tory statement must be filed within
three months after the date of filing
the township plat in the local Office.
40. Failure to file a declaratory
statement within the time prescribed
makes the land liable to the claim Of
an adverse settler who does file no.
tice of his intention at the proper
time.
AZ. The land office fee for filing a
declaratOry statement is 81, except
in the Pacific States and Territories,
where the fee is 50.
4s. A pre-emptiOn filing can be
made only by an actual settler on the
land. A filing without settlement is
illegal, and no rights are acquired
thereby.
~. The existence Of pre-emptiOn
filing on tract Of land does not pre-
vent another filing to be made Of the
same land, subject to any valid
rights acquired by virtue Of the
former filing and actual settlement,
If any.
80. On offered lands proof and pay
ment must be made within twelve
months from date Of settlement.
5k II the land is unoffered, proof
and payment may be made within
thirty-three months from the date Of
settlement.
81. A failure to make proof and
payment as prescribed by law, rem
ders the land subject to apprOpria-
tlon by the first legal applicant.
SO. The requirements of actual in
habitancy and improvements must
be observed as strictly under the pre-
emptiOn law as under the homestead
law.
81. Failure to inhabit and improve
the land in good faith, as required
by law, renders the claim subject to
contest and the entry to cancellation.
55. Final proof in pre-emptiOn
cases must be made to the satisfac-
tion Of the register and receiver,
whose decision, as in other cases, is
subject to examination and review
by this Office.
Sc. Publication Of notice to make
proof is required as in homestead
cases.
81. The final affidavit must be
made before the register or receiver,
or before the clerk Of a court Of record
in the county and State or Territory
where the land is situated. II in an
unorginized county the proof may
be made in a similar manner in any
adjacent county in the same State or
Territory.
So. The pre-emptor is required to
make oath that he has not previous
ly exercised his pre-emption right
that he is not the owner Of 32O acres
Of land that he has not settled upon
and improved the land to sell the
same on speculation, but in good
faith to appropriate it to his own ex-
elusive use that he has not made
aRv contract or agreement, directly
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.
SO. Any person swearing falsely
forfeits all right to the land and to
the purchase money paid, besides be-
ing liable to prosecution under the
criminal laws Of the United States.
THE TIMBER CULTURE ACT.
so. A timber culture applicant Is