Publication of notices of contest in pre-emption cases. Extension of time in certain naval service. notice, to be paid by the contestant, and not to be reported. Act of May 14, 1880. Cir. G. L. O., May 25, 1880. SEC. 189. The notices of contest provided by law under the pre-emption laws shall be printed in some newspaper printed in the county where the land in contest lies; and if no newspaper be printed in such county, then in the newspaper printed in the county nearest to such land. 20 Stat. 91. 14 Op. Att. Gen. 601. SEC. 190. Where a pre-emptor has taken the initiatory cases to persons steps required by law in regard to actual settlement, and is in military and called away from such settlement by being 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 office to make before the register or receiver the affidavit, proof, and payment, respectively, 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 pre-emptor is so in the service, being filed with the register of the land office for the district in which his settlement is made. Death before consummating complete, &c. 13 Stat. 35; R. S. 2268. Decision Sec. Int., Jan. 25, 1879. Decisions Com. G. L. O., May 18, 1866; March 8, 1875. Cir. G. L. O., April, 1864. SEC. 191. Where a party entitled to claim the benefits of claim; who to the pre-emption laws dies before consummating his claim, by filing in due time all the papers essential to the establishment of the same, it shall be competent for the executor or administrator of the estate of such party, or one of the 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. 5 Stat. 620; R. S. 2269. Galloway v. Finley et al., 12 Pet. 264; Davenport v. Lamb, 13 Wall. 418. 1 Op. Att. Gen. 361. McDaniel v. Grace, 15 Ark. 465; Faver v. Levi, Morris (Iowa), 372; Cullen v. Riley, 7 Iowa, 517; Longworthy v. Heeb, 46 id. 64; Grove v. Fulsome, 16 Mo. 543. Decisions Sec. Int., March 3, 1875; April 18, 1876. Decision Com. G. L. O., Aug. 17, 1878. 1 Lester's L. L. 429, 464, 465; Pre-emption en- SEC. 192. In all cases in which parties who regularly inititries of insane ated claims to public lands as settlers thereon according ed in certain to the provisions of the pre-emption laws, have become in persons confirm cases. sane or shall hereafter become insane before the expiration of the time during which their residence, cultivation, or improvement of the land claimed by them is required by law to be continued in order to entitle them to make the proper proof and perfect their claims, it shall be lawful for the required proof and payment to be made for their benefit by any person who may be legally authorized to act for them during their disability, and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the General Laud Office that the parties complied in good faith with the legal requirements up to the time of becoming insane. Act of June 8, 1880. SEC. 193. Whenever the vacancy of the office either of Non-compliance register or receiver, or of both, renders it impossible for the with laws caused by vacancy in ofclaimant to comply with any requisition of the pre-emption fice of register or laws within the appointed time, such vacancy shall not ope- fect, &c. receiver not to afrate 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. 5 Stat. 620; R. S. 2270. of lands sold but SEC. 194. The provisions of this chapter shall be so con- No pre-emption strued as not to confer on any one a right of pre-emption, not confirmed by by reason of a settlement made on a tract theretofore dis- Land Office. posed of, when such disposal has not been confirmed by the General Land Office, on account of any alleged defect therein. 5 Stat. 534; R. S. 2271. pre-emption SEC. 195. Nothing in the provisions of this chapter shall Purchase by private entry af be construed to preclude any person, who may have filed a ter expiration of notice of intention to claim any tract of land by pre-emp-right. tion, from the right allowed by law to others to purchase such tract by private entry after the expiration of the right of pre-emption. 5 Stat. 621; R. S. 2272. than one settler, SEC. 196. When two or more persons settle on the same When more tract of land, the right of pre-emption shall be in him who rights of; appeals made the first settlement, provided such person conforms to to Commissioner and Secretary of the other provision of the law; and all questions as to the Interior. right of pre-emption arising between 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 pre-emption, 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 the Interior. 5 Stat. 456; 11 id. 326; R. S. 2273. Brown's Lessee v. Clements, 3 sons on same sub survey. Settlements of SEC. 197. When settlements have been made upon agritwo or more per cultural public lands of the United States, prior to the surdivision before vey thereof, and it has been or shall be ascertained, 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 said 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 contract with them made, shall be equivalent to proof of sole occupation and pre-emption 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 pre-emption entry. Settlements before survey on deficiencies thereof. 17 Stat. 609; R. S. 2274. Warren v. Van Brunt, 19 Wall. 646. Downes v. Scott, 3 Rob. (La.) 84; Snow v. Flannery, 10 Iowa, 318. Decisions Sec. Int., March 3, 1875; Sept. 8, 1875; July 8, 1876; Sept. 16, 1879. Decision Com. G. L. O., June 8, 1874. SEC. 198. Where settlements, with a view to pre-emption, sections 16 or 36, have been made before the survey of the lands in the field, I which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the pre-emption claim of such settler; and if they, or either of them, have been or shall be reserved or pledged for the use of schools or colleges in the State or Territory in which the lands lie, other lands of like quantity are appropriated in lieu of such as may be patented by pre-emptors; and other lands are also appropriated to compensate deficiencies for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause what Selections to supply deficien lands. ever. 11 Stat. 385; 18 id. 202; R. S. 2275. Barnard v. Ashley, 18 How. 43; Minnesota v. Bachelder, 1 Wall. 109; Sherman v. Buick, 3 Otto, 209; Water and Mining Co. v. Bugbey, 6 id. 165. Athearn v. Pope, 25 Cal. 632; Smith v. Athern, 34 id. 506; Minnesota v. Bachelder, 7 Minn. 121; Layton v. Troxell, 11 Nev. 451. Decisions Sec. Int., March 14, 1862; March 28, 1873; March 10, 1876; May 3, 1879; April 12, 1879; June 22, 1880. Decision Com. G. L. O., Dec. 27, 1879. SEC. 199. The lands appropriated by the preceding seccies of school tion shall be selected, within the same land district, in accordance with the following principles of adjustment, to wit: For each township, or fractional township, containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters of a township, three-quarters of a section; for a fractional township, containing a greater quantity of land than one-quarter, and not more than one-half, of a township, one half-section; and for a fractional township, containing a greater quantity of land than one entire section and not more than one-quarter of a township, one quartersection of land. 4 Stat. 179; 11 id. 385; 18 id. 202; R. S. 2276. Military bounty land warrants receivable for pre SEC. 200. All warrants for military bounty-lands, which are issued under any law of the United States, shall be received in payment of pre-emption rights at the rate of one emption pay. dollar and twenty-five cents per acre, for the quantity of ments. 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. 10 Stat. 3; R. S. 2277. SEC. 201. Agricultural-college scrip, issued to any State Agriculturalunder the act approved July second, eighteen hundred and college scrip receivable in paysixty-two, or acts amendatory thereof, shall be received ment of pre-empfrom actual settlers in payment of pre-emption claims in the same manner and to the same extent as authorized in case of military bounty-land warrants, by the preceding section. 16 Stat. 186; R. S. 2278. tions. SEC. 202. No person shall have the right of pre-emption Pre-emption to more than one hundred and sixty acres along the line of limit along railrailroads within the limits granted by any act of Congress. 10 Stat. 244; 18 id. 519; R. S. 2279. road lines. reserved for SEC. 203. Any settler. on lands heretofore reserved on pre-emption account of claims under French, Spanish, or other grants, rights on lands which have been or may be hereafter declared by the grants found inSupreme Court of the United States to be invalid, shall be valid. entitled to all the rights of pre-emption 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. reserved for rail 10 Stat. 244; R. S. 2280. Mahoney v. Van Winkle, 33 Cal. 448; Umbarger v. Chaboya, 49 id. 525; Rutledge v. Murphey, 51 id. 389. SEC. 204. All settlers on public lands which have been pre-emption or may be withdrawn from market in consequence of pro- rights on lands posed railroads, and who had settled thereon prior to such roads. withdrawal, shall be entitled to pre-emption at the ordinary minimum to the lands settled on and cultivated by them; but they shall file the proper notices of their claims and make proof and payment as in other cases. 10 Stat. 269; 16 id. 279; 18 id. 519; R. S. 2281. Baker v. Gee, 1 Wall. 333; Lansdale v. Daniels, 10 Otto, 113. Railway Co. v. Baldwin, 7 Neb. 247; Collins v. Bartlett, 44 Cal. 371; Campbell v. Buckman, 49 id. 362; Weaver v. Fairchild, 50 id. 360. Decisions Sec. Int., Sept. 24, 1862; July 31, 1872; March 31, 1873; Feb. 18, 1874; Sept. 10, 174; Sept. 19, 1874; March 23, 1875; March 22, 1876; Oct. 15, 1878; July 2, 1879. Decisions Com. G. L. O., Sept. 12, 1862; Aug. 23, 1871; Feb. 18, 1873; March 12, 1873. SEC. 205. Where any actual settler who shall have paid for Right of addiany lands situate within the limits of any grant of lands tional location by by Congress to aid in the construction of any railroad, the within limits of price of such lands being fixed by law at double-minimum forfeited railroad rates, and such railroad lands having been forfeited to the United States and restored to the public domain for failure to build such railroad, such person or persons shall have pre-emptors grants. Confirmation of pre-emption en road limits made drawal at local office. the right to locate, on any unoccupied lands, an amount equal to their original entry, without further cost, except such fees as are now provided by law in pre-emption cases; but when such location is made upon double-minimum lands, one-half the amount only shall be taken. 18 Stat. 519. SEC. 206. All pre-emption entries, or entries in compliance fries within rail with any law of the United States, of the public lands, made prior to receipt of in good faith, by actual settlers, upon tracts of land of not notice of with more than one hundred and sixty acres each, within the limits of any land grant, 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 situated, or after their restoration to market by order of the General Land Office, and where the pre-emption 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. Lands within railroad grants 19 Stat. 35. Decisions Sec. Int., Aug. 9, 1876; Oct. 24, 1876; Sept. 16, 1876; Jan. 27, 1877; March 30, 1877; Oct. 12, 1877; Jan. 30, 1878; Feb. 7, 1878; May 22, 1878; June 3, 1878; June 11, 1878; Dec. 18, 1878; Dec. 20, 1878; Jan. 25, 1879; Jan. 31, 1879; July 19, 1879; July 24, 1879; Aug. 23, 1879; Sept. 17, 1879; Oct. 24, 1879; Nov. 13, 1879. Decisions Com. G. L. O., Feb. 14, 1876; Sept. 16, 1876; Jan. 3, 1878; Aug. 2, 1878. SEC. 207. When at the time of the withdrawal, as stated re-entered after in the preceding section, valid pre-emption claims existed abandonment. upon any lands within the limits of any such grants which afterward were abandoned, and, under the decisions and rulings of the Land Department, were re-entered by preemption claimants who have complied with the laws governing pre-emption 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. Entries made 19 Stat. 35. Decisions Sec. Int., Aug. 17, 1876; April 21, 1877; May 1, 1877; May 3, 1877; May 6, 1878; June 27, 1878; Aug. 14, 1878; Aug. 28, 1878; Nov. 7, 1878; Jan. 21, 1879; March 14, 1879; April 4, 1879; June 28, 1879; July 23, 1879; Oct. 16, 1879; Dec. 13, 1879. Decision Com. G. L. O., Feb. 5, 1879. Cir. G. L. O., Nov. 7, 1871. SEC. 208. All such pre-emption entries which may have after expiration been made by permission of the Land Department, or in pursuance of the rules and instructions thereof, within the limits of any land grant at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such a claim to a patent therefor. of land grants. Where claimant of entry becomes register or receiver. 19 Stat. 35. SEC. 209. Any bona-fide settler under the homestead or pre-emption laws of the United States who has filed the proper application to enter not to exceed one quarter-section of the public lands in any district land office, and who has been subsequently appointed a register or receiver, may perfect the title to the land under the pre-emption laws by furnishing the proofs and making the payments required by |