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cases.

notice, to be paid by the contestant, and not to be reported.

Act of May 14, 1880. Cir. G. L.O., May 25, 1880. Publication of SEC. 189. The notices of contest provided by law under notices of contest

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. Extension of SEC. 190. Where a pre-emptor has taken the initiatory time in certain 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 naval service.

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 affi davit and making final proof and entry or location shall be extended six months after the expiration of his term of seryice, 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.

13 Stat, 35; R. S. 2268. Decision Sec. Int., Jan. 25, 1879. Decis

ions Com. G. L. O., May 18, 1866; March 8, 1875. Cir. G. L. O.,

April, 1864. Death before SEC. 191. Where a party entitled to claim the benefits of cons ummating in

the pre-emption laws dies before consummating his claim, complete, &c. by filing in due time all the papers essential to the estab

lishment of the same, it shall be competent for the executor or administrator of the estate of such party, or one of the lieirs, 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; Dav

enport 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. 420, 464,

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cases.

Pre-emption en- SEC. 192. In all cases in which parties who regularly inititries of insane persons confirm

beated claims to public lands as settlers thereon according ed in certain to the provisions of the pre-emption laws, have become in

sane or shall hereafter become insane before the expiration of the time durivg 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 Lavd Office that the parties complied in good faith with tbe, 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 of. claimaut to comply with any requisition of the pre-emption fice of register or

receiver not to af. laws within the appointed time, such vacancy'shall not ope- te

fect, &c. rate 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. SEC. 194. The provisions of this chapter shall be so con- Nopre-emption

of lands sold but 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. 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-Pre emption

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. 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 todo

son conforms to to Commissioner

Wand 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

How. 650; Lytle v. Arkansas, 9 id. 314; Cunningham v. Ashley, 14
id. 377; Garland v. Wynn, 20 id. 6; Lytle v. Arkansas, 22 id. 193;
Litchfield v. Register and Receiver, 9 Wall. 575; Johnson v. Tows-
ley, 13 id. 72; Warren v. Van Brunt, 19 id. 646; Shepley v. Cowan, 1
Otto, 330. Minnesota v. Bachelder, 5 Minn. 2:23; Warren v. Van
Brunt, 12 id. 70; Bird v. Ward, 1 Mo. 398; Lewis v. Lewis, 9 id.
183; Heill v. Miller, 36 id. 182; Gaines v. Hale, 16 Ark. 9; Lytle v.
Arkansas, 17 id. 608; Lamont v. Stimson, 3 Wis. 545; Faber v. Levi,
Morris (Iowa), 372, Jamison v. Doe, 4 Ills. 113; Gray v. McCance,
14 id. 343; McGee v. Wright, 16 id. 557; Aldrich u. Äldrich, 37 id.
32; Burnett v. Farrar, 7 id. 558; Baty v. Sale, 43 id. 351; Robbins
v. Brown, 54 id. 48; Rogers v. Brent, 5 Gill, 580; Smiley v. Samp-
son, 1 Neb. 56; Nevada v. Rhodes, 4 Nev. 312; Calwell v. Smith, 1
Wash. T. 109; Megerle v. Ashe, 33 Cal. 74; Quinn v. Kenyon, 33
id. 499; Burrell v. How, 40 id. 373; Hosmer v. Wallace, 47 id. 461;
Savings Bank v. Hyms, 50 id. 195; Hesters v. Brennan, 50 id. 211;
Vance v. Kohlburg, 50 id. 346; Rutledge v. Murphey, 51 id. 389.
Decisions Sec. Int., Nov. 14, 1874; June 29, 1875; Sept. 8, 1875;
April 26, 1876; July 11, 1876; Oct. 25, 1876; April 19, 1878; June
28, 1878; Oct. 11, 1878, Jan. 30, 1880; April 29, 1880.

sons on same sub

Settlements of SEC. 197. When settlements have been made upon agritwo or more per

6. cultural public lands of the United States, prior to tbe surdivision before vey thereof, and it has been or shall be ascertained, after survey.

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.

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. Settlements be- SEC. 198. Where settlements, with a view to pre-emption, fore survey on sections 16 or 36, have been made before the survey of the lands in the field, deficiencies which are found to have been made on sections sixteen or thereof.

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 whatever.

11 Stat. 385; 18 id. 202; R. S. 2275. Barnard v. Ashley, 18 How. 43; Minnesota v. Bachelder, 1 Wall. 109; Sherman 1. 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 Selections to SEC. 199. The lands appropriated by the preceding secsupply deficiencies of school tion shall be selected, within the same land district, in ac. lands.

cordance 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

road lines.

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. SEC. 200. All warrants for military bounty-lands, which Military bounty are issued under any law of the United States, shall be re- land warrants ro

ceivable for preceived 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 Agricultural. under the act approved July second, eighteen hundred and college scrip re

ceivable in pay. sixty-two, or acts amendatory thereof, shall be received ment of pre-emp. from actual settlers in payment of pre-emption claims in the tions. 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. 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. 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 in

reserved for Supreme 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.

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-emotion or may be withdrawn from market in consequence of pro- rights on lands

1, reserved for rail. 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, 1 Neb. 247; Collins 0. Bartlett, 44 Cal. 371; Campbell
v. Buckman, 49 id. 362; Weaver v. Fairchild, 50 id. 360. Decis-
ions Sec. Int., Sept. 24, 1862; July 31, 1872; March 31, 1873; Feb.
18, 1874; Sept. 10, 1974; 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

pre-emptors 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

grants. 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-emption en.

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. Confirmation of 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 road limits made : prior to receipt of

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 drawal at local office.

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.

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. Lands within railroad grants 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 gov. erning 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.

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. 1, 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. Entries made SEC. 208. All such pre-emption entries which may have after expiration

on been made by permission of the Land Department, or in of land grants.

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.

19 Stat. 35. Where claimant SEC. 209. Any bona-fide settler under the homestead or of entry becomes register or re. pre-emption laws of the United States who has filed the ceiver.

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

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