Powers of Attorney.

1183. Confirmation of Attorney's Act.

KNOW ALL MEN by these presents, that whereas misapprehension has arisen as to the power and authority of Y. Z., of in my name and behalf, to execute a certain agreement between M. N., of the one part, and myself of the other part; and whereas, said agreement has been signed and sealed by the said Y. Z., as my lawful attorney, and the said M. N., respectively.

Now, these presents witness, that I, A. B., of have examined and read said articles of agreement, and that I do hereby ratify and confirm the same, and do declare that the said Y. Z., who did, as my lawful attorney, in my name and behalf, sign and seal the same, did so sign and seal the same by my authority and with my consent; and I do now fully ratify and confirm all his acts and doings, in and about the same, in as full a manner as if I, myself, had signed and sealed the same. IN WITNESS [etc., as in Form 1164].

1184. Power to Several, to Act Together, or Either One Separately. KNOW ALL MEN by these presents, that I, A. B., of the city of have made, constituted and appointed, and by these presents do make, constitute and appoint W. X. and Y. Z., jointly, and each of them severally, my true and lawful attorney and attorneys, for me and in my name, place and stead, and to my use [here set forth the subject of the power, and continue as in other cases, saying, attorneys or either of them, instead of the word attorney, wherever it occurs afterwards].

1185. Power to Several Jointly.

KNOW ALL MEN by these presents, that I, A. B., of the city of have made, constituted and appointed, and by these presents do make, constitute and appoint W. X. and Y. Z., jointly, my true and lawful attorneys for me [etc., as in other cases, saying, attorneys, instead of attorney, wherever afterwards mentioned].

1186. A Power of Attorney to Two Persons, But in Case of the Death, Absence or Refusal, of Both or Either, Then to Another, Alone, or With Either of Them that Will Act.

KNOW ALL MEN by those presents, that I, A. B., of the city of have made, constituted and appointed, and by these presents do make, constitute and appoint W. X. and Y. Z., jointly, and each of them severally, my true and lawful attorney and attorneys; and in case of the decease or absence of the said W. X. and Y. Z., or either of them, or the refusal of them or either of them, to act as my attorneys by virtue hereof, then I make U. V. alone, or together with him of them, the said W. X. and Y. Z., who

Substitution of Attorney."

Revocation of Power.

shall be living and present, and will act as my attorney by virtue of these presents, jointly, or either of them severally, my true [etc., as in other cases, saying, attorneys or either of them, instead of attorney, wherever afterwards mentioned].

1187. Substitution of Attorney.

KNOW ALL MEN by these presents, that I, Y. Z., by virtue of the power and authority to me given, in and by the letter of attorney of A. B., of which is hereunto annexed, do make, substitute and appoint M. N., of as well for me as the true and lawful attorney and substitute of the said constituent named in the said letter of attorney, to do, execute and perform all and every thing requisite and necessary to be done, as fully, to all intents and purposes, as the said constituent or I could do if personally present; hereby ratifying and confirming all that the said attor ney and substitute hereby made shall do in the premises by virtue hereof and of the said letter of attorney.

IN WITNESS [etc., as in Form 1164].

1188. Revocation of Power of Attorney.

KNOW ALL MEN by these presents, that whereas I, A. B., in and by my letter of attorney, bearing date the day of one thousand eight did make, constitute and appoint W. X., as by the

hundred and

aforesaid letter of attorney may more fully and at large appear.

Now KNOW YE, that I, the said A B., have revoked, countermanded, annulled and made void, and by these presents do revoke, countermand, annul and make void the said letter of attorney above mentioned, and all power and authority thereby given, or intended to be given, to the said Y. Z. IN WITNESS [etc., as in Form 1164].

CHAPTER LXXIII.

PRE-EMPTION.

THE right of pre-emption to the public lands of the United States is granted and defined by the act of Congress of September 4, 1841, and the amendatory or supplementary acts of March 3, 1843, and May 8, 1846.(a)

The individual claiming the benefits of the act must be

1. A citizen of the United States, or have filed his declaration of intention to become a citizen.

(a) 5 U. S. Stat. at L., 455, 620; 9 Ib., 9.

Right of Pre-emption of Public Lands.

2. Either the head of a family or a widow, or a single man over the age of twenty-one years.

3. An inhabitant of the tract sought to be entered, upon which, in person, he has made a settlement and erected a dwelling-house(b) since the 1st of June, 1840, and prior to the time when the land is applied for; which land must, at the date of the settlement, have had the Indian title extinguished, and been surveyed by the United States.

A person failing in any one of these requisites can have no claim by virtue of this act.

A person bringing himself within each of the above requirements by proof satisfactory to the register and receiver of the land-district in which the lands may lie, taken pursuant to the rules hereinafter prescribed, will, after having taken the affidavit required by the act, be entitled to enter, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quartersection, to include his residence; and he may avail himself of the same at any time prior to the day of the commencement of the public sale including said tract, where the land has not yet been proclaimed.

The act of 1841 provided that where the land was subject to private entry at the date of the settlement made since the 1st of June, 1840, and prior to the passage of this act, and the settler was desirous of securing the same under this act, he must give notice of his intention to purchase the same under its provisions within three months from the passage of the law.

Where the land was subject to private entry at the date of the law, and a settlement shall thereafter be made upon such land, or where the land shall hereafter become subject to private entry, and after that period a settlement shall be made, which the settler is desirous of securing under this act, such notice of his intention must be given within thirty days after the date of such settlement. Such notice, in both [all] cases, must be a written one, describing the land settled upon, and declaring the intention of such person to claim the same under the provisions of this act. (See Forms 1189 and 1190, hereto annexed.)

In the first case, the proof, affidavit and payment must be made within twelve months after the passage of this act; and in the second case, within twelve months after the date of such settlement.

The tracts liable to entry under this act are some one of the following designations:

1. A regular quarter-section, notwithstanding its quantity, may be a few acres more or less than one hundred and sixty; or a quarter-section which, though fractional in quantity by the passage of a navigable stream through the same, is still bounded by regular sectional and quarter-sectional lines.

2. A fractional section, containing not over one hundred and sixty acres, or any tract being a detached or anomalous survey made pursuant to law, and not exceeding said quantity.

3. Two adjoining half-quarter-sections (in all cases to be separated by a north and south line, except on the north side of townships, where the surveys are so made as to throw the excess or deficiency on the north and west sides of the township) of the regular quarters mentioned in the first designation; or two adjoining eighty-acre subdivisions of the irregular quarters found on the north and west sides of townships, where more than two such subdivisions exist, or the excess may render them necessary, provided, in the latter case, the aggregate quantity does not exceed one hundred and sixty acres.

4. Two half-quarter or eighty-acre subdivisions of a fractional or broken section, adjoining each other, the aggregate quantity not exceeding one hundred and sixty acres.

5. A regular half-quarter and an adjoining fractional section, or an adjoining half-quarter subdivision of a fractional section, the aggregate quantity not exceeding one hundred and sixty acres.

(b) Where a dwelling-house has been erect another house to entitle a claimant previously built, it is not necessary to to pre-emption.

TS FORMS

PRE-EMPTION.

General Rules.

6. If the pre-emptor should not wish to enter the quantity of one hundred and sixty acres, he may enter a single half-quarter section (made by a north and south line), or an eighty-acre subdivision of a fractional section.

7. One or more adjoining forty-acre lots may be entered, the aggregate not exceeding one hundred and sixty acres.

8. A regular half-quarter, a half-quarter subdivision, or a fractional section, may each be taken, with one or more forty-acre subdivisions lying adjoining, the aggregate not exceeding one hundred and sixty acres.

Only one person on a quarter-section is protected by this law, and that is the one who made the first settlement, provided he shall have conformed to the other provisions of the law.

A person who has once availed himself of the provisions of this act cannot, at any future period, or at any other land-office, acquire another right under it.

No person who is the proprietor of three hundred and twenty acres of land in any State or Territory of the United States is entitled to the benefits of this

act.

No person who shall quit or abandon his residence on his own land to reside on the public land in the same State or Territory is entitled to the benefits of this act.

No pre-emption right exists by reason of a settlement on and inhabitancy of a tract, unless at the date of such settlement the Indian title thereto had been extinguished, and the land surveyed by the United States.

The approval of the plat is the evidence of the legality of the survey; but in accordance with the spirit and intent of the law, and for the purpose of bringing the settler within its provisions, the land is to be construed as surveyed when the requisite lines are run on the field and the corners established by the deputy-surveyor.

No assignments or transfers of pre-emption rights can be recognized. The patents must issue to the claimants, in whose names alone all entries must be made.

The following lands are exempted from the operation of the act:

1. Lands included in any reservation by any treaty, law or proclamation of the President of the United States, and lands reserved for salines and for other purposes.

2. Lands reserved for the support of schools.

3. Lands acquired by either of the two last treaties with the Miami tribe of Indians in the State of Indiana, or which may be acquired of the Wyandot tribe of Indians in the State of Ohio, or other Indian reservation to which the title has been or may be extinguished by the United States at any time during the operation of this act.

4. Sections of land reserved to the United States, alternate to other sections granted to any of the States for the construction of any canal, railroad or other public improvement.

5. Sections or fractions of sections included within the limits of any incorporated town.

6. Every portion of the public lands which has been selected as a site for a city or town.

7. Every parcel or lot of land actually settled and occupied for the purposes of trade, and not agriculture.

8. All lands on which are situated any known salines or mines.

Persons claiming the benefit of this act are required to file duplicate affidavits, such as the law requires; and to furnish proof by one or more disinterested witnesses, to the entire satisfaction of the register or receiver, of the facts necessary to establish the three requisites pointed out in the commencement of these instructions.

The witnesses are to be first duly sworn or affirmed to speak the truth, and the whole truth, touching the subject of inquiry, by some officer competent to administer oaths and affirmations; and, if not too inconvenient, by reason of distance of residence from the office of the register or receiver, or by reason of other good cause, must be examined by the register or receiver, and the testi

Pre-emption of Public Lands.

mony reduced to writing in his presence, and signed by each witness, and certified by the officer administering the oath or affirmation, who must also join the register or receiver in certifying as to the respectability and credit of each witness.

In case adverse claims be made to the same tract, each claimant must be notified of the time and place of taking testimony, and allowed the privilege of cross-examining the opposite witnesses, and of producing counter-proof, which should also be subject to cross-examination.

The rules of proceeding in such cases are provided by instructions issued by the Government to the land-officers.

The affidavit of the claimant in reference to the fact of settlement, etc., need not be required. It is in no case legal evidence on these points, and therefore should not form a part of the proof in reference thereto. The only affidavit required of the claimant is that prescribed by the 13th section of the act, which is to be taken before the register or receiver.

No entry must be permitted until this affidavit is taken. Duplicates thereof must be signed by the claimant, and the fact of the oath being taken must be certified by the register or receiver administering it: one copy to be filed in his office, and the other to be transmitted to the General Land-office at Washington.

1189. Declaratory statement for cases where, at the date of the law, the land claimed was subject to private entry....

PAGE

.... 618

1190. The same; where the land was rendered subject to private entry since the date of the law..

1191. Affidavit required of pre-emption claimant..

618

619

1189. Declaratory Statement for Cases Where, at the Date of the Law, the Land Claimed was Subject to Private Entry.

I, A. B., of being the head of a family [or, a widow, or, single man over the age of twenty-one years, as the case may be], and a citizen of the United States [or, having filed my declaration to become a citizen, as required by the naturalization laws, as the case may be],* have, since the first day of June, 1840-to wit, on the day of A. D. 18 settled and improved the

quarter-section No. , in township No.

of range

No. in the district of land subject to sale at the land-office at and containing acres, which land was subject to private entry at the passage of the act of 4th September, 1841; * and I do hereby declare my intention to claim the said tract of land as a pre-emption right under the provisions of said act of 4th September, 1841.

GIVEN under my hand, this

In presence of

day of

[Signature of witness.]

1190. The Same; Where the Land was Rendered Subject to Private Entry

Since the Date of the Law.

[As in the preceding form, substituting the following in place of the words between the * *:] did, on the day of

prove the

quarter of section No.

of range No. in the district of lands subject to sale at the land-office at and containing acres, which land has been rendered subject to private entry since the passage of the act of 4th of September, 1841, but prior to my settlement thereon.