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Statement to be

with

intent

to

Ibid.

Claim filed by

for sale.

Mar. 3, 1843,

in which such lands lie, agreeably to such rules as may be prescribed by the Secretary of the Interior; and all assignments and transfers of the right hereby secured, prior to the issuing of the patent, shall be null and void.

SEC. 2264. When any person settles or improves a filed by settler

tract of land subject at the time of settlement to private purchase

o entry, and intends to purchase the same under the prelands subject to private entry. ceding provisions of this chapter, he shall, within thirty

days after the date of such settlement, file with the regis. ter of the proper district a written statement, describing the land settled upon, and declaring his intention to claim the same under the preemption laws; and he shall, moreover, within twelve months after the date of such settlement, make the proof, affidavit, and payment hereinbefore required. If he fails to file such written statement, or to make such affidavit, proof, and payment within the several periods named above, the tract of land so settled and improved shall be subject to the entry of any other purchaser.2

Sec. 2265. Every claimant under the preemption law settler prom tailand for land not yet proclaimed for sale is required to make

known his claim, in writing, to the register of the proper 5 S. 620. land office within three months from the time of the set

tlement, giving the designation of the tract and the time of settlement ; otherwise his claim shall be forfeited and the tract awarded to the next settler, in the order of time, on the same tract of land, who has given such notice and otherwise complied with the conditions of

the law. Declaratory

Sec. 2266. In regard to settlements which are authorstatement of set ized upon unsurveyed lands, the preemption claimant veyed land, when shall be in all cases required to file his declaratory stateMay 30, 1862,

ment within three months from the date of the receipt at the district land office of the approvedl plat of the

township embracing such preemption settlement." Preemption

Sec. 2267. All claimants of preemption rights under claimants time the two preceding sections shall, when no shorter time and payment.

is prescribed by law, make the proper proof and pay16*$.$279; "Mar: ment for the land claimed within thirty months after 802.1871, 16 s. the date prescribed therein, respectively, for filing their

declaratory notices has expired.

Sec. 2268. Where a pre-emptor has taken the initiatime in certain tory steps required by law in regard to actual settlein military and ment, and is called away from such settlement by being Mar. 21, 1864, engaged in the military or naval service of the United

States, and by reason of such absence is unable to appear at the district land oflice to make before the register or receiver the affidavit, proof, and payment, respectively,

filed.

12 S. 410.

Extension

of

* Amended by Act of June 9, 1880, and by Act of May 26. 1890, and by Act of Mar. 11, 1902, and by Act of Mar. 4, 1904, R. S. 294.

* In regard to cases thereafter arising under secs, 2264, 265, and 2266, the Act of May 18, 189S (30 Stat. 4187, abolished the distinction between offered and unoffered lands, and enacted that the land in question in such cases shall be treated as unoffered.

13 S. 35.

to

3, ,

Ibid.

required by the preceding provisions of this chapter, the time for filing such affidavit and making final proof and entry or location shall be extended six months after the expiration of his term of service, upon satisfactory proof by affidavit, or the testimony of witnesses, that such preemptor is so in the service, being filed with the register of the land office for the district in which his settlement is made.

SEC. 2269. Where a party entitled to claim the benefits Death before of the preemption laws dies before consummating his claim; who claim, by filing in due time all the papers essential to the complete, etc establishment of the same, it shall be competent for the 5 S. 620. executor or administrator of the estate of such party, or one of his heirs, to file the necessary papers to complete the same; but the entry in such cases shall be made in favor of the heirs of the deceased pre-emptor, and a patent thereon shall cause the title to inure to such heirs, as if their names had been specially mentioned.

SEC. 2270. Whenever the vacancy of the office either Noncompliance of register or receiver, or of both, renders it impossible by vacancy in for the claimant to comply with any requisition of the office ce register preemption laws within the appointed time, such vacancy to affect, etc. shall not operate to the detriment of the party claiming, in respect to any matter essential to the establishment of his claim; but such requisition must be complied with within the same period after the disability is removed as would have been allowed had such disability not existed.

SEC. 2271. The provisions of this chapter shall be so of Nansend hur construed as not to confer on anyone a right of pre- not confirmed by emption by reason of a settlement made on a tract theretofore disposed of, when such disposal has not 5 S. 534. been confirmed by the General Land Office, on account of any alleged defect therein.

Sec. 2272. Nothing in the provisions of this chapter Purchase by shall be construed to preclude any person, who may after expiration have filed a notice of intention to claim any tract of land by preemption, from the right allowed by law to Mar. 3, 1843, others to purchase such tract by private entry after the expiration of the right of preemption.

SEC. 2273. When two or more persons settle on the same tract of land, the right of preemption shall be in rights of appeals him who made the first settlement, provided such per- - Sept. 4, 1341, son conforms to the other provision of the law; and 5, s. 456 : June all questions as to the right of preemption arising be- 326. tween different settlers shall be determined by the register and receiver of the district within which the land is situated; and appeals from the decision of district officers, in cases of contest for the right of preemption, shall be made to the Commissioner of the General Land Office, whose decision shall be final, unless appeal therefrom be taken to the Secretary of Interior.

Land Office.

Aug. 26, 1842,

right.

5 S. 621.

When more than one settler, Settlements of two or more per

SEC. 2274. When settlements have been made upon sons on same sub-agricultural public lands of the United States prior to division before the survey thereof, and it has been or shall be ascerMatesos1873, tained after the public surveys have been extended

over such lands, that two or more settlers have improvements upon the same legal subdivision, it shall be lawful for such settlers to make joint entry of their lands at the local land office, or for either of said settlers to enter into contract with his co-settlers to convey to them their portion of said land after a patent is issued to him, and, after making such contract, to file a declaratory statement in his own name, and prove up and pay for said land, and proof of joint occupation by himself and others, and of such contact with them made, shall be equivalent to proof of sole occupation and preemption by the applicant: Provided, That in no case shall the amount patented under this section exceed one hundred and sixty acres, nor shall this section apply to lands not subject to homestead or preemption entry.

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10 S. 3.

16 S. 186.

Military boun- Sec. 2277. All warrants for military bounty lands, ty-land warrants receivable for which are issued under any law of the United States, preemption pay. shall be received in payment of preemption rights at the War, 22, 1852, rate of one dollar and twenty-five cents per acre, for the

quantity of land therein specified; but where the land is rated at one dollar and twenty-five cents per acre, and does not exceed the area specified in the warrant, it must

be taken in full satisfaction thereof. Agricultural. SEC. 2278. Agricultural-college scrip, issued to any ceivable in pay: State under the Act approved July second, eighteen ment of preemp. hundred and sixty-two, or Acts amendatory thereof, shall July 1, 1870, be received from actual settlers in payment of preemp

tion claims in the same manner and to the same extent as authorized in case of military bounty-land warrants

by the preceding section. Preemption Sec. 2279. No person shall have the right of preemplimit along rail

tion to more than one hundred and sixty acres along Mar. 3, 1853, the line of railroads within the limits granted by any 10 S. 244.

Act of Congress. Pre emption Sec. 2280. Any settler on lands heretofore reserved reserved tor on account of claims under French, Spanish, or other Frants found in. grants which have been or may be hereafter declared

by the Supreme Court of the United States to be invalid, shall be entitled to all the rights of preemption granted by the preceding provisions of this chapter, after the lands have been released from reservation, in

the same manner as if no reservation had existed. Pre emption SEC. 2281. All settlers on public lands which have reserved for rail been or may be withdrawn from market in consequence

road lines.

Ibid.

of proposed railroads, and who had settled thereon prior 10 S. 269; July to such withdrawal, shall be entitled to preemption at 2016 Mars, the ordinary minimum to the lands settled on and cul

roads.

Mar. 27, 1854,

1875, 18 S. 579.

Sale of land not to be de

Sept. 4, 1841, 5 S. 457.

in Kansas, how

tivated by them; but they shall file the proper notices of their claims and make proof and payment as in other cases.

SEC. 2282. Nothing contained in this chapter shall delay the sale of any of the public lands beyond the time layed, etc. appointed by the proclamation of the President.

SEC. 2283. The Osage Indian trust and diminished - Certain lands reserve lands in the State of Kansas, excepting the to be sold. sixteenth and thirty-sixth sections in each township: 17 May 28; Sune shall be subject to disposal, for cash only, to actual 23, 1874,' 18 s. settlers, in quantities not exceeding one hundred and 1876, 19 $. 127: sixty acres, or one-quarter section to each, in compact form, in accordance with the general principles of the preemption laws, under the direction of the Commissioner of the General Land Office; but claimants shall file their declaratory statements as prescribed in other cases upon unoffered lands, and shall pay for the tracts, respectively, settled upon within one year from date of settlement where the plat of survey is on file at that date, and within one year from the filing of the township plat in the district office where such plat is not on file at date of settlement.

SEC. 2284. The sale or transfer of his claim upon any portion of these lands by any settler prior to the twenty- prior to, etc.

, sixth day of April, eighteen hundred and seventy-one, of entry.

subsequent right shall not operate to preclude the right of entry, underMay 1872, the provisions of the preceding section, upon another 23, 1874, ' 18 s. tract settled upon subsequent to such sale or transfer; but satisfactory proof of good faith must be furnished upon such subsequent settlement.

Sec. 2285. The restrictions of the preemption laws, Preemption contained in sections twenty-two hundred and sixty and to apply to cer twenty-two hundred and sixty-one, shall not apply to tain Ta nds in any settler on the Osage Indian trust and diminished- May 9, 1872, reserve lands in the State of Kansas, who was actually residing on his claim on the ninth day of May, eighteen hundred and seventy-two.

Transfer of above claims

283.

17 S. 90.

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claim

comes register or

Sec. 2287. Any bona fide settler under the homestead or preemption laws of the United States who has filed ant of entry be the proper application to enter not to exceed one quar- receiver,

Apr. 20, 1871, ter-section of the public lands in any district land office, 17 8. 16. and who has been subsequently appointed a register or receiver, may perfect the title to the land under the preemption laws by furnishing the proofs and making the payments required by law to the satisfaction of the Commissioner of the General Land Office.

ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

An Act To repeal timber-culture laws, and for other purposes.

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Pre emption

SEC. 4. That chapter four of title thirty-two, exceptlaws repealed.

ing sections twenty-two hundred and seventy-five, twenty-two hundred and seventy-six, twenty-two hundred and eighty-six, of the Revised Statutes of the United States, and all other laws allowing preemption of the public lands of the United States, are hereby repealed, but all bona fide claims law fully initiated before

the passage of this Act, under any of said provisions of bona fide claims law so repealed, may be perfected upon due compliance

with law, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests, as if this Act had not been passed.

*

*

*

*

Approved, March 3, 1891 (26 Stat. 1095-1097).

Joint Resolution to extend the time of payment to settlers on the

public lands in certain cases.

cases.

Resolved by the Senate and House of Representative3

of the United States of America in Congress assembled, Extension of That whenever it shall appear by the filing of such evi. ments in certain dence in the offices of any register and receiver as shall

be prescribed by the Secretary of the Interior that any settler on the public lands, by reason of a failure of crops for which he is in nowise responsible, is unable to make the payment on his homestead or preemption claim required by law, the Commissioner of the General Land Office is hereby authorized to extend the time for such payment for not exceeding one year from the date when the 'same becomes due.

Approved, September 30, 1890 (26 Stat. 681).

An Act Extending the time for final proof and payment on lands

claimed under the public land laws of the United States.

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cases.

Extension of Sec, 2. That the time of making final payments on time for pay. ments in certain entries under the preemption Act is hereby extended for

one year from the date when the same becomes due in all cases where preemption entrymen are unable to make final payments from causes which they can not control, evidence of such inability to be subject to the regulations of the Secretary of the Interior.

Approved, July 26, 1894 (29 Stat. 123).

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