Statement to be with intent to private entry. Ibid. 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 settle tract of land subject at the time of settlement to private lands subject to entry, and intends to purchase the same under the preceding provisions of this chapter, he shall, within thirty days after the date of such settlement, file with the register 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 Claim filed by not proclaimed Mar. 3, 1843, 5 S. 620. SEC. 2265. Every claimant under the preemption law settler on land for land not yet proclaimed for sale is required to make for sale. known his claim, in writing, to the register of the proper land office within three months from the time of the settlement, 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 Declaratory tlers on unsur the law. SEC. 2266. In regard to settlements which are authorstatement of setized 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 12 S. 410. at the district land office of the approved plat of the township embracing such preemption settlement. filed. of making proof 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 S. 279; Mar: ment for the land claimed within thirty months after 3, 1871, 16 S. the date prescribed therein, respectively, for filing their declaratory notices has expired. July 14, 1870, 604. Extension of 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 cases to persons naval service. 13 S. 35. 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, "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. 2294. In regard to cases thereafter arising under secs, 2264, 2265, and 2266, the Act of May 18, 1898 (30 Stat. 418), abolished the distinction between offered and unoffered lands, and enacted that the land in question in such cases shall be treated as unoffered. 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. consummating Mar. 3, 1843, SEC. 2269. Where a party entitled to claim the benefits Death before of the preemption laws dies before consummating his claim; who to 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. with laws caused in or receiver not Ibid. SEC. 2270. Whenever the vacancy of the office either Noncompliance of register or receiver, or of both, renders it impossible by for the claimant to comply with any requisition of the office of 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. No preemption of lands sold but Land Office. SEC. 2271. The provisions of this chapter shall be so construed as not to confer on anyone a right of pre- not confirmed by emption by reason of a settlement made on a tract Aug. 26, 1842, 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 shall be construed to preclude any person, who may have filed a notice of intention to claim any tract of land by preemption, from the right allowed by law to others to purchase such tract by private entry after the expiration of the right of preemption. Purchase by after expiration private entry of preemption right. Mar. 3, 1843, 5 S. 621. When more than one settler, rights of appeals to Commissioner. 12, 1858, 11 S. SEC. 2273. When two or more persons settle on the same tract of land, the right of preemption shall be in him who made the first settlement, provided such per- Sept. 4, 1841, son conforms to the other provision of the law; and 5 S. 456: June all questions as to the right of preemption arising be- 328. 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 there from be taken to the Secretary of Interior. two or more per Settlements of 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 ascerMar. 3, 1873, tained after the public surveys have been extended survey. 17 S. 609. Military boun ty-land warrants ments. 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. * SEC. 2277. All warrants for military bounty lands, receivable for Which are issued under any law of the United States, preemption pay shall be received in payment of preemption rights at the Mar. 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. 10 S. 3. Agricultural ceivable in pay tions. SEC. 2278. Agricultural-college scrip, issued to any college scrip re-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 preemp16 S. 186. 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 limit along rail SEC. 2279. No person shall have the right of preemproad lines. 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. rights on lands grants found in- Preemption SEC. 2280. Any settler on lands heretofore reserved reserved for on account of claims under French, Spanish, or other 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. Preemption rights on lands roads. SEC. 2281. All settlers on public lands which have reserved for rail. been or may be withdrawn from market in consequence Mar. 27, 1854, of proposed railroads, and who had settled thereon prior 10 S. 269; July to such withdrawal, shall be entitled to preemption at 249187016, the ordinary minimum to the lands settled on and cul Mar. 3, 1875, 18 S. 579. tivated by them; but they shall file the proper notices of their claims and make proof and payment as in other cases. Sale of land layed, etc. not to be de Sept. 4, 1841, 5 S. 457. in Kansas, how S. 283; Aug. 11, SEC. 2282. Nothing contained in this chapter shall delay the sale of any of the public lands beyond the time 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, 1790; June shall be subject to disposal, for cash only, to actual 23, 1874, 18 S. settlers, in quantities not exceeding one hundred and 1876, 19 S. 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. above claims subsequent right SEC. 2284. The sale or transfer of his claim upon any Transfer of 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. shall not operate to preclude the right of entry, under, May 9, 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. 17 S. 90; June 283. restrictions Kansas, not SEC. 2285. The restrictions of the preemption laws, Preemption contained in sections twenty-two hundred and sixty and to apply to certwenty-two hundred and sixty-one, shall not apply to tain lands 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. 17 S. 90. claim ant of entry becomes register or receiver. Apr. 20, 1871, SEC. 2287. Any bona fide settler under the homestead Where or preemption 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, 17 S. 10. 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. laws repealed. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. An Act To repeal timber-culture laws, and for other purposes. Preemption SEC. 4. That chapter four of title. thirty-two, excepting 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 lawfully initiated before the passage of this Act, under any of said provisions of 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. Perfection of bona fide claims. time for pay cases. 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. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Extension of That whenever it shall appear by the filing of such eviments 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. time for pay cases. Approved, September 30, 1890 (26 Stat. 684). An Act Extending the time for final proof and payment on lands claimed under the public land laws of the United States. Extension of SEC. 2. That the time of making final payments on 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 (28 Stat. 123). |