The preemptor must make a
settlement on the land in person; inhabit and improve the same, and
erect thereon a dwelling.
And when the land has been surveyed previous
to settlement the preemptor shall, within thirty days of the date of
the settlement, file with the register of the proper district a
written statement describing the land settled upon, and declaring the
intention of such person to claim the same under the provisions of the
preemption law. And within twelve months of the date of the settlement
such person shall make the requisite proof, affidavit, and payment.
When unsurveyed lands are prompted (act of 1854), notice of the
specific tracts claimed shall be filed with the surveyor general,
within three months after the survey has been made in the field. And
when two or more persons shall have settled on the same quarter
section, the right of preemption shall be in him or her who made the
first settlement; and questions arising between different settlers
shall be decided by the register and receiver of the district within
which the land is situated, subject to an appeal to and revision by
the Secretary of the Interior of the United States.
And the settler must make oath before the receiver or register that he
or she has never had the benefit of any right of preemption under the
preemption act: that he or she is not the owner of three hundred and
twenty acres of land in any state or territory of the United States,
nor hath he or she settled upon and improved said land to sell the
same on speculation, but in good faith to appropriate it to his or her
own exclusive use or benefit:
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