He Is To Provide, According To The Regulations Of The Land
Office Or Otherwise, Indicia, By Which The Limits Of His Claim Shall
Be Known, He Must Perform Acts Of Possession Or Intended Ownership
On The Land, As Notice To Others; And That Suffices To Secure His
Rights Under The Statute.
It is not necessary for him to cultivate
every separate quarter of his quarter-section; it is not necessary
For
him even to enclose each; it only needs that in good faith he take
possession, with intention of occupation and settlement, and proceed
in good faith to occupy and settle, in such time and in such manner,
as belong to the nature of agricultural occupation and settlement.
Why should there be a different rule in regard to occupants for
municipal preemption? The latter is, by the very tenor of the law, the
preferred object. Why should those interested in it be subject to
special disabilities of competing occupancy? I cannot conceive.
It is obvious that, in municipal settlement, as well as agricultural,
there must be space of time between the commencement and the
consummation of occupation. There will be a moment, when the equitable
right of the agricultural settler is fixed, although he have as yet
done nothing more in the way of inhabiting or improving than to cut a
tree or drive a stake into the earth. And it may be long before he
improves each one of all his quarter quarter-sections. So, in
principle, it is in the case of settlement for a town.
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