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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.

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 transfer of pre-emption rights are recognized. The patents must issue in the name of the claimants shown to be entitled to the land under the law.

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

First. Lands included in any reservation or upon which are situated any known salines.

Second. Mineral lands.

Third. Lands selected for or upon which is situated any town or city.

Persons claiming the benefit of the pre-emption act are required to file in the local land office duplicate affidavits, as required by the law, and to furnish proof by one or more disinterested witnesses of the facts necessary to establish a full compliance with the requirements of the statute, and clearly to satisfy the department of the actual bona fide purpose of the pre-emptor to reside upon and cultivate the land claimed.

Forms for pre-emption affidavits and of proof will be found at all the local United States Land Offices, where the application and proof must be made.

Careful attention to the foregoing brief directions, and compliance with the provisions of the law, will enable parties to avoid conflicts and procure titles without delay.

No.

FORM A.
LAND OFFICE AT
REPORT of proposed selections of lands for School purposes under the provisions of the act of Congress of 20th May, 1826, entitled
"An act to appropriate lands for the support of schools in certain townships and fractional townships not before provided for.

TOWNSHIPS FOR
WHICH THE SCHOOL
SELECTION 18 TO
BE MADE.

CONTENTS OF TOWNSHIPS ENTITLED TO

LANDS SELECTED FOR SCHOOL PURPOSES

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LIST No. Exhibiting the tracts of public land situated in the district of lands subject to sale at selected for the State of

which have been

under the 8th section of the act of Congress, approved 4th September, 1841, entitled “An act

to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights.

Date of the filing of the list in the Register's Office, being the date the selection takes effect.

DESCRIPTON OF THE LAND.

Parts of Sections.

AREA OF THE TRACTS.

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This column exhibits the actual area of the tracts which contain 320 acres and upwards, and also cases in which the tracts, though containing a less quantity, are taken as equivalent to 320 acres. NOTE.-The total of this column is the

Section. Township. Range. Acres. 100ths whole area of the selections by this list.

REMARKS.

EDUCATIONAL GRANTS.

1st. For the support of primary schools, the grant is made of the land in place, being in the older land States, the section 16 in each township; but latterly the policy of the government has been liberalized, and in each township sections 16 and 36 are reserved for the endowment of primary schools. The lands cannot be disposed of by the territorial government, but are held in reserve until the organization of the State and its admission into the Union; when the title to the granted sections in place is vested in the State, and may be disposed of by the State government, the proceeds of sale forming the principal of a primary school fund, the interest of which may be annually applied to the support of public schools.

But in fractional townships, in which there is no granted section, its place being covered by the waters of the ocean, lakes, or rivers, the State under the act of May 20th, 1826, is entitled to indemnity, in the proportions shown in the following form,* in which the indemnity selection list is to be made out. The same to be signed by the State selecting agent, and verified by the local United States land officers of the district in which the lands are situated.

The act of February 26th, 1859, authorizes persons who settle upon the 16th and 36th sections prior to the survey to preempt the same, and in such cases allows indemnity to the State, the following being the form for selecting indemnity, under this provision of the statute:

Grants for seminary or university purposes have been made to each State to the amount of seventy-two sections. These lands may be selected by the Territorial government, in which case they are held in reserve until the admission of the State, when the title is consummated by certified list prepared by the General Land Office, and approved by the Secretary of the Interior.

Grants for agricultural colleges in States containing a sufficient quantity of public lands to satisfy the grant, may be

* See opposite page

LIST No.

FORM B.

OF INDEMNITY SCHOOL SELECTIONS

EXHIBITING the tracts of Public Lands, situated in the district of lands subject to sale at

which

have been selected for the support of schools in certain townships and fractional townships where the full amount of school lands to which such townships are entitled have not been granted in place, and which selections are provided for in the act of Congress approved February 26th, 1859, entitled "An act to authorize settlers upon Sixteenth and Thirty sixth sections, who settled before the surveys of the Public Lands, to pre-empt their settlements."

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Town. Range. Town. Range. Town. Range. Town. Range. Description. Sec.

SELECTIONs to supply the DEFICIENCY IN SCHOOL LANDS TO WHICH TOWNSHIPS ARE ENTITLED.

REMARKS AS

TO CAUSE OF
DEFICIENCY
IN SCHOOL

LANDS.

*Area.

*Area.

Description. Sec. Town. Range.

Area.

County of

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State of

WE DO HEREBY recommend the above selections, and agree to accept the same in lieu of the deficiency in school lands in certain townships and fractional townships, as shown in the foregoing list.

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* NOTE No. 1.-The aggregate of columns numbers 11 and 12 must equal the exact area of school land to which township is entitled.

* NOTE NO. 2.-No Indemnity School Selections are admissible by law for townships covered wholly by a private claim, or covered wholly or in part by an Indian reservation. Neither can Indemnity be taken by selections of mineral lands or lands which have been reserved.

selected by the State, and upon the list being approved by the General Land Office and the Secretary of the Interior, the title vests in the State.

SALT SPRING LANDS.

Saline reservations are made in each Territory; and upon becoming a State and being admitted into the Union, these reservations to the amount of seventy-two sections have been granted to each State.

INTERNAL IMPROVEMENTS.

By the act of September 4th, 1841, 500,000 acres of the public lands within the State are granted to each State for general works of Internal Improvements. Form C, page 191, has been prescribed in selecting this class of Lands. The following application and certificate are to be attached to the selections when made.

State of

I hereby apply in behalf of the State of

186 .

for the tracts described in this list, as being selected for said State under the 8th section of the act of 4th September, 1841.

Land Office at

Agent.

18 .

I hereby certify that the foregoing list was filed in this office on the and that the selections are correct, and that no valid conflicting right is known to exist.

Register.

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