cate the same from time to time at such point in the district as he deems expedient. 3 March, 1853, c. 97, s. 1, v. 10, p. 204. 3 March, 1853, c. 144, v. 10, p. 244. SEC. 2252. Upon the recommendation of the Commissioner of the General Land-Office, approved by the Secretary of the Interior, the President may order the discontinuance of any land-office and the transfer of any of its business and archives to any other land-office within the same State or Territory. 30 May, 1862, c. 86, s. 5, v. 12, p. 409. SEC. 2253. The President is authorized to change and re-establish the boundaries of land districts whenever, in his opinion, the public interests will be subserved thereby, without authority to increase the number of land-offices or land-districts. 29 June, 1870, c. 171, v. 16, p. 171. SEC. 2254. In case of the division of existing land-districts by the erection of new ones, or by a change of boundaries by the President, all business in such original districts shall be entertained and transacted without prejudice or change, until the offices in the new districts are duly opened by public announcement under the direction of the Secretary of the Interior. All sales or disposals of the public lands heretofore regularly made at any land-office, after such lands have been made part of another district by any act of Congress, or by any act of the President, are confirmed, provided the same are free from conflict with prior valid rights. 31 May, 1872, c. 241, v. 17, p. 192. SEC. 2255. The Secretary of the Interior is authorized to make a reasonable allowance for office-rent for each consolidated land-office; and when satisfied of the necessity therefor, to approve the employment by the register of one or more clerks, at a reasonable per-diem compensation, for such time as such clerical force is absolutely required to keep up the current public business, which clerical force shall be paid out of the surplus fees authorized to be charged by section twenty-two hundred and thirty-nine, if any, and if no surplus exists, then out of the appropriation for incidental expenses of district land-offices: but no clerk shall be so paid unless his employment has been first sanctioned by the Secretary of the Interior. 18 Feb., 1861, c. 38, s. 2, v. 12, p. 131. PROVISIONS RESPECTING PARTICULAR LOCAL LAND-DISTRICTS. SEC. 2256. The following boundaries of the ninety-three land districts, with the location of the respective land-offices, are established until changed in pursuance of law, namely: [As the land-districts are continually changing, the boundaries are omitted.-ED.] filed, penalty. Sec. 2274. Settlements of two or more persons on the same subdivision before survey. 2275. Settlements before survey on sections 16 or 36, deficiencies thereof. 2276. Selections to supply deficiencies of school-lands. 2277. Military bounty-land warrants receivable for pre-emption payments. 2263. Proof of settlement, assign- 2278. Agricultural-college scrip re ment of pre-emption rights. 2264. Statement to be filed by set tler with intent to purchase on lands subject to private 2265. Claim filed by settler on land 2266. Declaratory statement of settlers on unsurveyed lands, when filed. 2267. Pre-emption claimants, time of making proof of payment. 2268. Extension of time in certain ceivable in payment of preemptions. 2279. Pre-emption limit along railroad lines. 2281. Pre-emption rights on lands 2283. Certain lands in Kansas, how cases to persons in military 2284. Transfer of above claims prior and naval service. 2269. Death before consummating claim; who to complete, &c. 2270. Non-compliance with laws caused by vacancy in office of register or receiver not to affect, etc. to, &c., subsequent right of entry. 2285 Pre-emption restrictions not to apply to certain lands in Kansas. 2271. No pre-emption of lands sold but not confirmed by LandOffice. 2287. Where claimant of entry be comes register or receiver. 2288. 2272. Purchase by private entry after expiration of pre-emption right. 2273. When more than one settler, rights of, appeals to Commis- Right of transfer of settlers under homestead or pre-emption laws for certain public purposes. SEC. 2257. 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. 2 June, 1862, c. 94, s. 1, v. 12, p. 413. SEC. 2258. The following classes of lands, unless otherwise specially provided for by law, shall not be subject to the rights of pre-emption, to wit: 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. 4 Sept., 1841, c. 16, s. 10, v. 5, p. 455. Wilcox vs. Jackson, 13 Pet., 498; Josephs vs. U. S., 1 N. and H., 197; Turner vs. American Baptist Union, 5 McLean, 344; U. S. vs. Railroad Bridge Co., 6 McLean, 517; Russell vs. Beebe, Hemps., 704. SEC. 2259. 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 sub-divisions, any number of acres not exceeding one hundred and sixty, or a quartersection of land, to include the residence of such claimant, upon paying to the United States the minimum price of such land. 4 Sept., 1841, c. 16, s. 10, v. 5, p. 455. U. S. vs. Fitzgerald, 15 Pet., 407; Lytle vs. Arkansas, 9 How., 333; Cunningham vs. Ashley, 14 How., 377; Barnard's Heirs vs. Ashley's Heirs, 18 How., 44; Garland vs. Wynn, 20 How., 6; Harkness vs. Underhill, 1 Bl., 325; Witherspoon vs. Duncan, 4, Wall., 218. SEC. 2260. The following classes of persons, unless otherwise specially provided for by law, shall not acquire any right of pre-emption under the provisions of the preceding section, to wit: First. No person who is the proprietor of three hundred and twenty acres of land in any State or Territory. 4 Sept., 1841, c. 16, s. 10, v. 5, p. 455. 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. SEC. 2261. 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. 4 Sept., 1841, c. 16, s. 10, v. 5, p. 455. 3 March, 1843, c. 86, s. 10, v. 5, p. 620. SEC. 2262. 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 twentytwo hundred and eighty-eight. And it shall be the duty of the officer administering such oath to file a certificate thereof in the public landoffice 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. 4 Sept., 1841, c. 16, s. 13, v. 5, p. 456. SEC. 2263. 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. 4 Sept, 1841, c. 16, s. 12, v. 5, p. 456. Lytle vs Arkansas, 9 How., 333; Cunningham vs. Ashley, 14 How., 377; Barnard's Heirs vs. Ashley's Heirs, 18 How., 44; Garland vs. Wynn, 20 How., 6; Lytle vs. Arkansas, 22 How., 193; Harkness vs. Underhill, 1 Bl., 325; Lindsey vs. Hawse, 2 Bl., 554; Myers vs. Croft, 13 Wall., 291. SEC. 2264. 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 herein before 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. 4.Sept., 1841, c. 16, s. 15, v. 5, p. 457. SEC. 2265. 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. 3 March, 1843, c. 86, s. 5, v. 5, p. 620. Johnson vs. Tawsley, 13 Wall., 72. SEC. 2266. 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. 30 May, 1862, c. 86, s. 7, v. 12, p. 410. SEC. 2267. All claimants of pre-emption rights, under the two preceding sections, shall, when no shorter time is prescribed by law, make the proper proof and payment for the lands claimed within thirty months after the date prescribed therein, respectively, for filing their declaratory notices, has expired. 14 July, 1870, c. 272, s. 2, v. 16, p. 279. 3 March, 1871, Res. 52, v. 16, p. 601. SEC. 2268. Where a pre-emptor has taken the initiatory steps required by law in regard to actual settlement, and is called away from such settlement by being engaged in the military or naval service of the United States, and by reason of such absence is unable to appear at the district land-office to make before the register or receiver the affidavit, proof, and payment, respectively, required by the preceding provisions of this chapter, the time for filing such affidavit and making final proof and entry or location shall be extended six months after the expiration of his term of service, upon satisfactory proof by affidavit, or the testimony of witnesses, that such pre-emptor is so in the service, being filed with the register of the land-office for the district in which his settlement is made. 21 March, 1864, c. 38, s. 5, v. 13, p. 35. SEC. 2269. Where a party entitled to claim the benefits of the preemption laws dies before consummating his claim, by filing in due time all the papers essential to the establishment of the same, it shall be competent for the executor or administrator of the estate of such party, or one of the heirs, to file the necessary papers to complete the same; but the entry in such cases shall be made in favor of the heirs of the deceased pre-emptor, and a patent thereon shall cause the title to inure to such heirs, as if their names had been specially mentioned. 3 March, 1843, c. 86, s. 2, v. 5, p. 620. SEC. 2270. Whenever the vacancy of the office either of register or receiver, or of both, renders it impossible for the claimant to comply with any requisition of the pre-emption laws within the appointed time, such vacancy shall not operate to the detriment of the party claiming, in respect to any matter essential to the establishment of his claim; but such requisition must be complied with within the same period after the disability is removed as would have been allowed had such disability not existed. 3 March, 1843, c. 86, s. 6, v. 5, p. 620. SEC. 2271. The provisions of this chapter shall be so construed as not to confer on any one a right of pre-emption, by reason of a settlement made on a tract theretofore disposed of, when such disposal has not been confirmed by the General Land-Office, on account of any alleged defect therein. 26 Aug., 1842, c. 205, v. 5, p. 534. SEC. 2272. Nothing in the provisions of this chapter shall be con |