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hereafter be provided by law in relation to the existing land-offices and officers in said Territory. [19 Stat. L. 126.]

[Wyoming Buffalo.] *

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Buffalo land district — register and receiver with office at That all the public lands in the Territory of Wyoming lying in the counties of Johnson and Crook, in said Territory, shall constitute a new land district, to be called the Buffalo district.

That the President be, and is hereby, authorized to appoint, by and with the advice and consent of the Senate, or during the recess thereof and until the next session after such appointment, a register and a receiver for said district, who shall be required to reside in the town of Buffalo, Wyoming Territory, until such time as the President may, in his discretion, remove the site of said land-office from said town; and they shall be subject to the same laws and be entitled to the same compensation as is or may hereafter be provided by law in relation to the existing land-offices and officers in said Territory. * [24 Stat. L. 526.]

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This is from the Sundry Civil Appropriation Act of March 3, 1887, ch. 362.

An act to establish three new land districts in the Territory of Wyoming.
[Act of April 23, 1890, ch. 153, 26 Stat. L. 61.]

[SEC. 1.] [Wyoming new land districts — first district.] That all the public lands in the Territory of Wyoming bounded and described as follows, beginning at a point on the eastern boundary of the said Territory where the tenth standard parallel north intersects the same; thence running west along said tenth standard parallel north to the southeast corner of township forty-one north, range seventy-five west; thence north on the line between ranges seventyfour and seventy-five west to the northern boundary-line of the said Territory; thence east along said northern boundary-line to the northeast corner of the said Territory; thence south along the said eastern boundary-line of the said Territory to the place of beginning, shall constitute a new land district, and the land office of the said district shall be located at such place in said district as the President may direct. [26 Stat. L. 61.]

SEC. 2. [Second district.] That all the public lands of the Territory of Wyoming bounded and described as follows, beginning at a point on the northern boundary of the said Territory where the twelfth guide meridian will, when extended, intersect with the same; thence south along said guide meridian to the cleventh standard parallel north; thence east along said parallel to the eleventh auxiliary meridian; thence south along said meridian, when extended, to the seventh standard parallel north; thence west along said seventh standard parallel to the southwest corner of township twenty-nine north, range one hundred and four west, of the sixth principal meridian; thence north along said line between ranges one hundred and four and one hundred and five west to the ninth standard parallel north, when extended; thence along said parallel, when extended, to the western boundary of the said Territory; thence north along said western boundary to the northern boundary of the said Territory; thence east along said northern boundary to the place of beginning, shall constitute a new land. district, and the land office of the said district shall be located at such place in the said district as the President may direct. [26 Stat. L. 61.]

SEC. 3. [Third district.] That all the public lands in the Territory of Wyoming bounded and described as follows, beginning at a point on the eastern boundary of the said Territory where the tenth standard parallel north intersects the same; thence running west along the said tenth standard parallel north to the eleventh auxiliary meridian; thence south along said meridian when extended, to the seventh standard parallel north; thence east along the said seventh standard parallel to the southeast corner of township twenty-nine north, range seventy-one west; thence north on the line between ranges seventy and seventy-one west to the southeast corner of township thirty-one north, range seventy-one west; thence east along the line between townships thirty and thirty-one north to the eastern boundary-line of the said Territory to the place of beginning, shall constitute a new land district, and the land office of the said district shall be located at such place in said district as the President may direct. [26 Stat. L. 61.]

SEC. 4. [Registers and receivers.] That the President be, and is hereby, authorized to appoint, by and with the advice and consent of the Senate, or during the recess thereof, and until the next session after such appointment, a register and receiver for each of said districts, who shall be required to reside in the town in their respective districts as may be designated for the location of the land office, and they shall be subject to the same laws and be entitled to the same compensation as is or may be provided by law in relation to the existing land offices and officers in said Territory. [26 Stat. L. 61.]

[V. PRE-EMPTIONS.]

Secs. 2257-2274. [Repealed.]

Sections 2257-2288 constitute chapter 4 (entitled as above) of title 32 of the Revised Statutes. This chapter, with the exception of sections 2275, 2276, 2286, was expressly repealed by Act of March 3, 1891, ch. 561, sec. 4. Section 2288 was, however, expressly amended by such Act, and is given infra, div. XIX.

Sections 2257-2274 were as follows:

"SEC. 2257. [Lands subject to pre-emption.] All lands belonging to the United States, to which the Indian title has been or may hereafter be extinguished, shall be subject to the right of pre-emption, under the conditions, restrictions, and stipulations provided by law." Act of June 2, 1862, ch. 94, 12 Stat. L. 413.

This section has been construed or cited in the following cases:

United States. Atherton v. Fowler, (1877) 96 U. S. 513; Buttz v. Northern Pac. R. Co., (1886) 119 U. S. 55; Smith v. U. S., (1898) 170 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 632; U. S. v. Garretson, (1890) 42 Fed. Rep. 22; Northern Pac. R. Co. v. Sanders, (1891) 47 Fed. Rep. 604, affirmed in (C. C. A. 1892) 49 Fed. Rep. 129; Ü S. v. La Chappelle, (1897) 81 Fed. Rep. 156; Northern Pac. R. Co. v. McCormick, (C. C. A. 1899) 94 Fed. Rep. 932; Healey v. U. S., (1894) 29 Ct. Cl. 115, re

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"SEC. 2258. [Lands not subject to preemption.] The following classes of lands, unless otherwise specially provided for by law, shall not be subject to the rights of preemption, to wit:

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First. Lands included in any reservation by any treaty, law, or proclamation of the President, for any purpose.

"Second. Lands included within the limits of any incorporated town, or selected as the site of a city or town.

"Third. Lands actually settled and occupied for purposes of trade and business, and not for agriculture.

"Fourth. Lands on which are situated any known salines or mines." Act of Sept. 4, 1841, ch. 16, 5 Stat. L. 455.

This section has been construed or cited in the following cases:

United States. - Stark v. Starrs, (1867) 6

Wall. (U. S.) 402; Sherman v. Buick, (1876) 93 U. S. 209; Deffeback v. Hawke, (1885) 115 U. S. 392; Mullan v. U. S., (1886) 118 U. S. 271, affirming (1882) 10 Fed. Rep. 785; Colorado Coal, etc., Co. v. U. S., (1887) 123 U. S. 307; Wood v. Beach, (1895) 156 U. S. 548; Whitney v. Taylor, (1895) 158 U. S. 85; U. S. v. Healey, (1895) 160 U. S. 136, reversing (1894) 29 C. Cl. 115; Burfenning v. Chicago, etc., R. Co., (1896) 163 U. S. 321; Smith v. U. S., (1898) 170 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 622; U. S. v. Payne, (1881) 8 Fed. Rep. 883; Cowell v. Lammers, (1884) 21 Fed. Rep. 200; U. S. v. Reed, (1886) 28 Fed. Rep. 482; U. S. v. Williams, (1886) 30 Fed. Rep. 309, affirmed in (1891) 138 U. S. 514; Felix v. Patrick, (1888) 36 Fed. Rep. 457, affirmed in (1892) 145 U. S. 317; U. S. v. Garretson, (1890) 42 Fed. Rep. 22; Northern Pac. R. Co. v. Sanders, (1891) 47 Fed. Rep. 604; Northern Pac. R. Co. v. Amacker, (1892) 53 Fed. Rep. 48; Ex p. Davidson, (1893) 57 Fed. Rep. 883; Northern Pac. R. Co. v. Hussey, (C. C. A. 1894) 61 Fed. Rep. 232; U. S. v. La Chappelle, (1897) 81 Fed. Rep. 152; Southern Pac. R. Co. v. Groeck, (C. C. A. 1898) 87 Fed. Rep. 970; Olive Land, etc., Co. v. Olmstead, (1900) 103 Fed. Rep. 568; Cosmos Exploration Co. v. Gray Eagle Oil Co., (1900) 104 Fed. Rep. 21, affirmed in (C. C. A. 1901) 112 Fed. Rep. 4; King v. McAndrews, (C. C. A. 1901) 111 Fed. Rep. 860, affirming (1900) 104 Fed. Rep. 430; Southworth v. U. S., (1895) 30 Ct. Cl. 78; Osborn v. U. S., (1898) 33 Ct. Cl. 304; (1846) 4 Op. Atty. Gen. 493; (1854) 6 Op. Atty. Gen. 658.

Arizona. Kansas City Min., etc., Co. v. Clay, (Ariz. 1892) 29 Pac. Rep. 11; U. S. v. Blackburn, (Ariz. 1897) 48 Pac. Rep. 904.

California. Central Pac. R. Co. v. Yolland, (1875) 49 Cal. 438; McBrown v. Morris, (1881) 59 Cal. 64; Heath v. Wallace, (1886) 71 Cal. 50; Leviston v. Ryan, (1888) 75 Cal. 293; Irvine v. Tarbat, (1894) 105 Cal. 242.

Colorado.- Denver, etc., R. Co. v. Hanoum, (1893) 19 Colo. 162.

Iowa. Bullard v. Des Moines, etc., R. Co., (1883) 62 Iowa 382.

Minnesota. Burfenning v. Chicago, etc., R. Co., (1891) 46 Minn. 20.

Wisconsin. Houlton v. Chicago, etc., R. Co., (1893) 86 Wis. 59.

"SEC. 2259. [Persons entitled to preemption.] Every person, being the head of a family, or widow, or single person, over the age of twenty-one years, and a citizen of the United States, or having filed a declaration of intention to become such, as required by the naturalization laws, who has made, or hereafter makes, a settlement in person on the public lands subject to pre-emption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon, is authorized to enter with the register of the land-office for the district in which such land lies, by legal subdivisions, 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." Act of Sept. 4, 1841, ch. 16, 5 Stat. L. 455.

This section has been construed or cited in the following cases:

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United States. Clements v. Warner, (1860) 24 How. (U. S.) 394; Frisbie v. Whitney, (1869) 9 Wall. (U. S.) 187; Minor v. Happersett, (1874) 21 Wall. (U. S.) 162; Sherman v. Buick, (1876) 93 U. S. 209; Atherton v. Fowler, (1877) 96 U. S. 513; Lansdale v. Daniels, (1879) 100 U. S. 113; Potter v. U. S., (1882) 107 U. S. 126; Sanford v. Sanford, (1891) 139 U. S. 642; Orchard v. Alexander, (1895) 157 U. S. 372; Smith v. U. S., (1898) 170 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 622; U. S. v. Stanley, (1855) 6 McLean (U. S.) 409, 27 Fed. Cas. No. 16,376; Aiken v. Ferry, (1879) 6 Sawy. (U. S.) 79, 1 Fed. Cas. No. 112; U. S. v. Payne, (1881) 8 Fed. Rep. 883; U. S. v. Williams, (1886) 30 Fed. Rep. 309; U. S. v. Freyberg, (1886) 32 Fed. Rep. 195; U. S. v. Howard, (1889) 37 Fed. Rep. 666; Northern Pac. R. Co. v. Sanders, (1891) 47 Fed. Rep. 604, affirmed in (C. C. A. 1892) 49 Fed. Rep. 129; U. S. v. Bedgood, (1891) 49 Fed. Rep. 54; Northern Pac. R. Co. v. Hinchman, (1892) 53 Fed. Rep. 523; Minneapolis v. Reum, (C. C. A. 1893) 56 Fed. Rep. 576; U S. v. Union Pac. R. Co., (1894) 61 Fed. Rep. 143, affirmed in (C. C. A. 1895) 67 Fed. Rep. 974; Stimson Land Co. v. Rawson, (1894) 62 Fed. Rep. 426; Bogan v. Edinburgh American Land Mortg. Co., (C. C. A. 1894) 63 Fed. Rep. 192; Hebert v. Brown, (1895) 65 Fed. Rep. 2; U. S. v. Winona, etc., R. Co., (C. C. A. 1895) 67 Fed. Rep. 969, affirmed in (1897) 165 U. S. 483; U. S. v. La Chappelle, (1897) 81 Fed. Rep. 152; U. S. v. Central Pac. R. Co., (C. C. A. 1899) 94 Fed. Rep. 906; Northern Pac. R. Co. v. McCormick, (C. C. A. 1899) 94 Fed. Rep. 932; Grubbs v. U. S., (C. C. A. 1900) 105 Fed. Rep. 314; U. S. v. Blendauer, (1903) 122 Fed. Rep. 703; Healey v. U. S., (1894) 29 Ct. Cl. 115, reversed in (1895) 160 U. S. 136; Southworth v. U. S., (1895) 30 Ct. Cl. 78; Ingram v. U. S., (1897) 32 Ct. Cl. 147; (1843) 4 Op. Atty.-Gen. 147; (1855) 7 Op. Atty. Gen. 351; (1856) 7 Op. Atty.-Gen. 746; (1862) 10 Op. Atty.-Gen. 390.

California. - Cumens v. Cyphers, (1880) 56 Cal. 383; Thompson v. Spray, (1887) 72 Cal. 528; Merrill v. Clark, (1894) 103 Cal. 367.

Peterson v. First Div. St. (1880) 27 Minn. 218.

Minnesota. Paul, etc., R. Co.,

South Dakota. 8 S. Dak. 639. Washington. Wash. 81.

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Scott v. Toomey, (1896)

Pierce v. Frace, (1891) 2

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three hundred and twenty acres of land in any State or Territory.

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Second. No person who quits or abandons his residence on his own land to reside on the public lands in the same State or Territory." Act of Sept. 4, 1841, ch. 16, 5 Stat. L. 455.

This section has been construed or cited in Smith v. U. S., (1898) 70 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 622; Aiken v. Ferry, (1879) 6 Sawy. (U. S.) 79, 1 Fed. Cas. No. 112; Northern Pac. R. Co. v. Sanders, (1891) 47 Fed. Rep 604, affirmed in (C. C. A. 1892) 49 Fed. Rep. 129; U. S. v. Bedgood, (1891) 49 Fed. Rep. 54; U. S. v. La Chappelle, (1897) 81 Fed. Rep. 152; Healey v. U. S., (1894) 29 Ct. Cl. 115, reversed in (1895) 160 U. S. 136; Southworth v. U. S., (1895) 30 Ct. Cl. 78.

"SEC. 2261. [Limitation of pre-emption right.] No person shall be entitled to more than one pre-emptive right by virtue of the provisions of section twenty-two hundred and fifty-nine; 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." Act of Sept. 4, 1841, ch. 16, 5 Stat. L. 455; Act of March 3, 1843, ch. 86, 5 Stat. L. 620.

This section has been construed or cited in Johnson v. Towsley, (1871) 13 Wall. (U. S.) 72; Baldwin v. Stark, (1882) 107 U. S. 463; Sanford v. Sanford, (1891) 139 U. S. 642; Smith v. U. S., (1898) 170 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 622; Northern Pac R. Co. v. Sanders, (1891) 47 Fed. Rep. 604, affirmed in (C. C. A. 1892) 49 Fed. Rep. 129; U. S. v. Bedgood, (1891) 49 Fed. Rep. 54; Durango Land, etc., Co. v. Evans, (C. C. A. 1897) 80 Fed. Rep. 425; U. S. v. La Chappelle, (1897) 81 Fed. Rep. 152; Healey v. U. S., (1894) 29 Ct. Cl. 115, reversed in (1895) 160 U. S. 136; Southworth v. U. S., (1895) 30 Ct. Cl. 78; Cumens v. Cyphers, (1880) 56 Cal. 383.

"SEC. 2262. [Oath of pre-emptionist, where filed, penalty.] Before any person claiming the benefit of this chapter is allowed to enter lands, he shall make oath before the receiver or register of the land-district in which the land is situated that he has never had the benefit of any right of pre-emption under section twenty-two hundred and fifty-nine; that he is not the owner of three hundred and twenty acres of land in any State or Territory; that he has not settled upon and improved such land to sell the same on speculation, but in good faith to appropriate it to his own exclusive use; and that 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 oath swears falsely in the premises, he shall forfeit the money which he may have paid for

such land, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona-fide purchasers, for a valuable consideration, shall be null and void, except as provided in section twenty-two hundred and eighty-eight. And it shall be the duty of the officer administering such oath to file a certificate thereof in the public land-office of such district, and to transmit a duplicate copy to the General Land-Office, either of which shall be good and sufficient evidence that such oath was administered according to law." Act of Sept. 4, 1841, ch. 16, 5 Stat. L. 456.

This section was amended by Act of June 9, 1880, ch. 164. See infra, p. 298.

This section has been construed or cited in the following cases: United States. - Potter v. U. S., (1882) 107 U. S. 126; U. S. v. Minor, (1885) 114 U. S. 233; Orchard v. Alexander, (1895) 157 U. S. 372; Smith v. U. S., (1898) 170 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 622; Hyde v. Bishop Iron Co., (1900) 177 U. S. 281; Hawley v. Diller, (1900) 178 U. S. 476; U. S. v. White, (1883) 17 Fed. Rep. 561, 9 Sawy. (U. S.) 125; Smith v. Ewing, (1885) 23 Fed. Rep. 741; U. S. v. Howard, (1889) 37 Fed. Rep. 666; Northern Pac. R. Co. v. Sanders, (1891) 47 Fed. Rep. 604, affirmed in (C. C. A. 1892) 49 Fed. Rep. 129; U. S. v. Bedgood, (1891) 49 Fed. Rep. 54; U. S. v. Steenerson, (C. C. A. 1892) 50 Fed. Rep. 504; Northern Pac. R. Co. v. Hinchman, (1892) 53 Fed. Rep. 523; American Mortg. Co. v. Hopper, (1893) 56 Fed. Rep. 67, affirmed in (C. C. A. 1894) 64 Fed. Rep. 553; Swigett v. U. S., (1896) 78 Fed. Rep. 456; U. S. v. La Chappelle, (1897) 81 Fed. Rep. 152; Southworth v. U. S., (1895) 30 Ct. Cl. 78; (1847) 4 Op. Atty.Gen. 558.

Arkansas. Shorman v. Eakin, (1886) 47 Ark. 351; Marshall v. Cowles, (1886) 48 Ark. 362; St. Louis, etc., R. Co. v. Tapp, (1897) 64 Ark. 357.

California. - Snow v. Kimmer, (1878) 52 Cal. 624; Harris v. Harris, (1886) 71 Cal. 314; Sparrow v. Rhoades, (1888) 76 Cal. 208; Morgan v. Lones, (1888) 78 Cal. 58; Moffatt v. Bulson, (1892) 96 Cal. 106; Stewart v. Powers, (1893) 98 Cal. 514; Merrill v. Clark, (1894) 103 Cal. 367.

Colorado. Everett v. Todd, (1894) 19 Colo. 322; Wilcox v. John, (1895) 21 Colo. 367.

Florida. - Lee v. Patten, (1894) 34 Fla.

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"SEC. 2263. [Proof of settlement, assignment of pre-emption rights.] Prior to any entries being made under and by virtue of the provisions of section twenty-two hundred and fifty-nine, proof of the settlement and improvement thereby required shall be 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 all assignments and transfers of the right hereby secured, prior to the issuing of the patent, shall be null and void." Act of Sept. 4, 1841, ch. 16, 5 Stat. L. 456.

This section has been construed or cited in the following cases:

United States. - Irvine v. Irvine, (1869) 9 Wall. (U. S.) 617; Myers v. Croft, (1871) 13 Wall. (U. S.) 291; Potter v. U. S., (1882) 107 U. S. 126; Orchard v. Alexander, (1895) 157 U. S. 372; Gonzales v. French, (1896) 164 U. S. 338; Smith v. U. S., (1898) 170 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 622; Kellom v. Easley, 1 Dill. (U. S.) 281, 14 Fed. Cas. No. 7,668; Smith v. Ewing, (1885) 23 Fed. Rep. 741; Northern Pac. R. Co. v. Sanders, (1891) 47 Fed. Rep. 604, affirmed in (C. C. A. 1892) 49 red. Rep. 129; U. S. v. Bedgood, (1891) 49 Fed. Rep. 54; U. S. v. La Chappelle, (1897) 81 Fed. Rep. 152; (1856) 7 Op. Atty.Gen. 647.

Arizona. - Gonzales 1893) 33 Pac. Rep. 501.

v. French,

(Ariz.

California. Chapman v. Quinn, (1880) 56 Cal. 266; Turner v. Donnelly, (1886) 70 Cal. 597; Sparow v. Rhoades, (1888) 76 Cal. 208; Stewart v. Powers, (1893) 98 Cal. 516; Merrill v. Clark, (1894) 103 Cal. 367.

Colorado. - McMillen v. Gerstle, (1893) 19 Colo. 98; Everett v. Todd, (1894) 19 Colo. 322; Cooper v. Hunter, (1896) 8 Colo. App. 101.

Idaho.

52.

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Jones v. Meyers, (1891) 3 Idaho

Close v. Stuyvesant, (1890) 132

Purcell v. Lang, (1899) 108 Iowa

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"SEC. 2264. [Statement to be filed by settler with intent to purchase, on lands subject to private entry.] When any person settles or improves a tract of land subject at the time of settlement to private 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 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 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." Act of Sept. 4, 1841, ch. 16, 5 Stat. L. 457.

This section has been construed or cited in Johnson v. Towsley, (1871) 13 Wall. (U. S.) 72; Atherton v. Fowler, (1877) 96 U. S. 513; Morrison v. Stalnaker, (1881) 104 U. S. 213; Whitney v. Taylor, (1895) 158 U. S. 85; Smith v. U. S., (1898) 170 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 622; Tarpey v. Madsen, (1900) 178 U. S. 215; Northern Pac. R. Co. v. Sanders, (1891) 47 Fed. Rep. 604, affirming (C. C. A. 1892) 49 Fed. Rep. 129; U. S. v. Union Pac. R. Co., (1894) 61 Fed. Rep. 143, affirmed in (C. C. A. 1895) 67 Fed. Rep. 974; Chicago, etc., R. Co. v. U. S., (C. C. A. 1901) 108 Fed. Rep. 311; (1846) 4 Op. Atty.-Gen. 493; (1852) 5 Op. Atty.-Gen. 609; Hollinshead v. Simms, (1875) 51 Cal. 158; U. S. v. Spaulding, (1882) 3 Dak. 85.

"SEC. 2265. [Claim filed by settler on land not proclaimed for sale.] Every claimant under the pre-emption law for land not yet proclaimed for sale is required to make 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 the law." of March 3, 1843 ch. 86, 5 Stat. L. 620.

Act

This section has been construed or cited in Johnson v. Towsley, (1871) 13 Wall. (U. S.) 72; Morrison v. Stalnaker, (1881) 104 U. S. 213; Gonzales v. French, (1896) 164 U. S. 338; Smith v. U. S., (1898) 170 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 622; Northern Pac. R. Co. v. Sanders, (1891) 47 Fed. Rep. 604, affirmed in (C. C. A. 1892) 49 Fed. Rep. 129; U. S. v. Union Pac. R. Co., (1894) 61 Fed. Rep. 143, affirmed in (C. C. A. 1895) 67 Fed. Rep. 974; U. S. v. La Chappelle, (1897) 81 Fed. Rep. 152; U. S. v. Spaulding, (1882) 3 Dak. 85.

"SEC. 2266. [Declaratory statement of settlers on unsurveyed lands, when filed.] In regard to settlements which are authorized upon unsurveyed lands, the pre-emption claimant shall be in all cases required to file his declaratory statement within three months from the date of the receipt at the district land-office of the approved plat of the township embracing such pre-emption settlement." Act of May 30, 1862, ch. 86, 12 Stat. L. 410. ·

This section has been construed or cited in Lansdale v. Daniels, (1879) 100 U. S. 113; Morrison v. Stalnaker, (1881) 104 U. S. 213; Deffeback v. Hawke, (1885) 115 U. S. 392; Gonzales v. French, (1896) 164 U. S. 338; Smith v. U. S., (1898) 170 U. S. 372; Northern Pac. R. Co. v. De Lacey, (1899) 174 U. S. 632; Cowell v. Lammers, (1884) 21 Fed.

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