Show LAWS haws concerning PRE FEE emp BMP SEC 2257 all lands belonging to the tho united states to which the indian title has been or may hereafter bo be extinguished shall be subject to the right of pro emption emp tion tiou under the conditions restrictions and stipulations provided by law SEC 2258 the following classes of lands unless otherwise specially provided for by law oft opt not be subject to the rights of preemption pre emption to wit foryt first lands included in any reservation by any treaty law or proclamation of the president for any purpose second lands include I within the limits of fany any incorporated town or selected as the site of a city or town third lands actually settled and occupied for purposes of trade tracie and business and not for agriculture I 1 fourth lands on which are situated any known salines or mines SEC BEC 29 2259 2239 20 every person being the head of a family or widow or single person ove over r tle the the age of awen tyone ty one years and a citizen of the united states or havlu havin having filed a de cl of intention to become such as required dby by the naturalization laws who has made or hereafter makes a settlement in person on the public lands subject to preemption and who inhabits and improves the same and who has erected or shall erect a dwelling thereon ody ony is authorized to enter with the register of the land office for the district in which such land lies by legal subdivisions sub divisions any number of acres not exceeding one hundred and sixty or a quarter section of land to include the residence of such claimant upon paying to the united states the minimum price of such land laud SEC 2060 the fol foi following lowin g casses classes of persons unless otherwise specially provided f for or by law s shall ball not acquire any right of preemption pre emption under the provisions of the preceding I 1 section to wit first no person who is the proprietor of three hundred and twenty acres of land in any state or territory second no person who quits or abandons his residence on his own land to reside on the public lands lauds in the same state or territory SEO SEC 2261 no person shall be entitled to more than one preemptive pre emptive right by virtue of the provisions of section twenty two hundred and nifty fifty nine ning nor where a party has filed his declaration of intention to claim the benefits of such provisions for one tract of land shall he file at any future time a second declaration for another tract SEC 2262 2062 before any person claiming the benefit of this chapter is allowed to enter lands he shall make ath oath before the receiver or re register aster of the land district in which t the e land is situated that lie he has never had the benefit of any right of preemption pre emption under section awen ty two hundred and fifty nine that ho he is not the owner of three hundred and twenty acres of land in any state stale or territory that he has not settled upon and improved such land to sell the same on speculation ula tion but in good faith to appropriate it to his own exclusive use and that be he has not directly or indirectly made any agreement or contract in any way or manner with any person whatsoever by which the title which he might acquire from the government of the united states should inure in whole or in part to the benefit of any person except himself and if any person taking such oata oath swears falsely in the premises he shall forfeit the money which he may have paid for such lan ian landane land dand and all right and title to the same and any grant or conveyance convey convoy anco ance which he may have made except in the hands of bonafide bona fide purchasers for a valuable consideration shall be null and void except as provided in lr section twenty two hundred and eighty 7 eight and it shall be the duty of the officer administering such oath to file a certificate thereof inthe lathe in the public land office of such district and to transmit a duplicate cop eop copy y to the general land office either of which shall be good anda and sufficient clent evidence that such oath was administered according to law SEC 2263 prior to any entries being made under and by virtue of tho provisions of section twenty two hundred and fifty nine proof of the settlement and improvement thereby required shall be mae made to the satisfaction of the register and receiver of the land district in which such lands lie agreeably to such rules as may be prescribed by the secretary of the interior and aud all assignments and transfers of the right hereby secured prior to the issuing g of the patent shall be null and void SEC 2204 2284 when any person settles or improves a tract of laud subject at the timo time of settlement to private entry and intends to purchase the same under the preceding provisions of this chapter he shall within thirty days aften after the date of such settlement file wih the register of the proper district a written statement describing the land settled epou and declaring his intention to claim the same under the preemption pre emption 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 falls to file such written statement or to make such affidavit proof and payment within the several periods named above the tract of land so 80 settled and improved shall be subject to the entry cf any other purchaser SEC 2 2265 every E very claimant under the preemption pre emption law for land not yet proclaimed for sale ig 19 required to make known his claim in writing to the register of the tho 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 the law SEC 2266 in regard to settlements which iro aro are authorized upon lands the preemption pre emption claimant shall be in all cases required to file his declaratory statement within three months from theda the date teof of the receipt at the tho district land office of the tho approved plat of the township embracing such preemption pre emption settlement SEC 2267 all claimants of preemption rights under the two preceding sections shall when no shorter time is prescribed by law make mako the proper proof aud aad payment for the lands claimed within thirty months after the date prescribed cri crl bed therein respectively for filing their declaratory notices has expired bec BEO 2268 where a preemptor pre pro emptor has taken the initiatory steps required by law in regard to actual settlement and is called away from such settlement by being engaged in the military or naval service of the united states and by reason of such puch absence is unable to appear at the district land office to make before the re reister register ister lster or receiver the affidavit proof and payment respectively required by the preceding provisions of this chapter the time for filing such affeld affidavit avit and making final proof and entry or location shall be extended six months after the expiration of his I 1 term of bervice service upon satisfactory proof by affidavit or the testimony of witnesses ne obes oses that such preemptor pre emptor is so in the tho service being bied 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 bentito of the preemption pre emption laws dies before consummating sum mating his claim by filing in due time all the papers essential to the establishment of the same it lt shall be competent for the executor or administrator of the estate of such party or one of the heirs to t 0 f lie 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 preemptor and a patent thereon there on shall cause the title to inure to such heim heirs as if ir their names had been specially mentioned SEC 2270 whenever the vacancy of the office either of register or receiver or of both renders it impossible for the claimant to comply with any requisition of the preemption laws within the appointed time such vacancy shall not operate to the detriment of the party claiming in respect to any matter essential to tho 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 construed as not to confer on any one a right of preemption by reason of a settlement made on a tract theretofore disposed dispose d of when such disposal has not been confirmed bv the general land boffl office ce on account of any alleged defect therein TO BE re CONTINUED |