I Cornell University Library S 63.A3RS Special report for 1886, showing the land 3 1924 000 920 045 O O o 8PECIAL REPORT '8^ STATE BOARD OF AdRICETURE FOB, 1886, SHOWING THE LANDS IN KANSAS BELONGING TO THE GOVERNMENiP, SCHOOLS AND RAILROAD COMPANIES, JANUARY IST, 1886, WITH INFORMATION AS TO HOW THEY CAN BE OBTAINED. For Copies, Address } WM. SIMS, Secretary, TOPEKA, KANSAS. TOPEKA: KANSAS PUBLISHING HOUSE: T. D. THACHEB, STATE PRINTER. 1886. Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924000920045 SPECIAL REPORT State Board of Agriculture FOE 1886, SHOWING THE LANDS IN KANSAS BELONGING TO THE GOVERNMENT, SCHOOLS AND EAILEOAD COMPANIES, JANUARY 1st, 1886, WITH INFORMATION AS TO HOW THEY CAN BE OBTAINED. For Copies, Address WM SIMS, Secretary, TOPEKA, EANSAS. TOPEKA: KANSAS PUBLISHINO HOUSE: T. D. THACHER, STATE PRINTER. 1886. KANSAS STATE BOARD OF AGRICULTURE. OFFICERS. Pbesidbnt, . JOSHUA WHEELER, . Nortonville. Vice President, J. W. JOHNSON, Hamilton. Secbbtaby, . WM. SIMS, . Topeka. TEEAStTEER, JOHN FRANCIS, Topeka. MEMBERS. John A. Mabtin, Governor, y Ex offieio, Topelca. E. B. Allen, See. of State, R. W. Jenkins, Clay Center, . Clay county. M. MOHLER, . Osborne, Osborne county. J. F. True, . Newman, Jefferson county. John Kelly, . Ooddard, . Sedgwick county. A. P. Collins, Solomon, {Dickinson Co.,) - . Saline county. S. J. Carter, . Burlington, . Coffey county. Jas. Ctjlbebtson, . Abilene, . Dickinson county. L. M. Pickering, . Columbus, . Cherokee county. J. F. Mabtin, Winfield, Cowley county. T. M. Potter, . . Peabody, . Marion county. OFFICERS BY APPOINTMENT. Geologist, . Peof. 0. ST. JOHN, . Topeka. Entomologist, . Pbof. F. H. snow, . Lawrence. Meteobologist, . Peop. J. T, LOVEWELL, . Topeka. AssisTAitT Meteorologist, JOHN H. WOLFE, Wellington. r Peoe. e. a. POPENOE, . Manhattan. Botanists, .... . J Prop. J. H. CARRUTH, . Lawrence. (prop. JOHN W. ROBSON, . Cheever. Chemists, .... J Prop. G. H. FAILYEE, . 1 Prop. E. H. S. BAILEY, Manhattan. Lawrence. Sorghum Commissionee, . E. B. COWGILL, . . Sterling. SPECIAL EEPOET. VACANT PUBLIC LANDS. GOVERNMENT LANDS — HOW THEY CAN BE OBTAINED. Of agricultural public lands there are two classes — the one diss at $1.25 per acre, which is designated as minimum, and the other at |2.50 per acre, or double minimum. The latter class consists of tracts embraced within the alternate sections of land re- served to the United States in the acts of Congress making grants within prescribed limits of the lines of railroads, or other works of internal improvements, to aid in the construction thereof, such reserved sections being doubled in price. Congress passed an act, approved June 15, 1880, the third section of which reduces to $1.25 per acre any such lands, then subject to entry (meaning in this connection ordinary cash entry of offered lands), which were put in market at the enhanced price prior to the 1st of Janu- ary, 1861. Title may be acquired by purchase at public sale, or by ordinary "private entry," and by virtue of the preemption, homestead, timber-culture, and other laws. JBy Purchase at Public Sale. — This may done where lands are "offered" at public auction to the highest bidder, either pursuant to proclamation by the President, or public notice given in accordance with directions from the General Land Office. By "Private Entry" or Location. — The lands liable to disposal in this manner are those which have been offered at public sale, which were then not sold, and which have not since been reserved or otherwise withdrawn from market. The only lands in Kan- sas subject to " private entry" are contained in what is called the " Cherokee strip," and are located in the Wichita Land District. In this class of offered and unreserved public lands, the following steps may be taken to acquire title : The applicant will first present a written application to the register for the district in which the land desired is situated, describing the tract he wishes to purchase, giving its area. Thereupon the register, if the tract is vacant, will so certify to the receiver, stating the price, and the applicant must then pay the amount of the purchase-money. The receiver will then issue his receipt for the money paid, in duplicate, giving to the purchaser a duplicate receipt. The register will then issue his certificate of purchase. At the close of the month the register and receiver will make returns of the sale to the General Land Office, from which, when the proceedings are found regular, a patent or complete title will be issued, and on surrender of the duplicate receipt such patent will be delivered, at the option of the patentee, either by the Commissioner at Washington or by the register at the district land office. These lands can also be located with land warrants issued under the act of Congress- of March 3, 1885, and previous acts, giving public land as a bounty for military services rendered prior to the passage of the acts in former wars of the Republic. The bounties- given by law for military services in the late civil war were not given in land, but in money. Agricultural College scrip and land warrants can be used in locating lands at "private entry," but when so used are only applicable to lands not mineral, which may be subject to private entry at $1.25 per acre, and are restricted to a technical "quarter-section" — that is, land embraced by the quarter-section lines indicated on the official plats of survey ; or they may be located on a part of a quarter-section, where such part is taken as in full for u quarter ; but they cannot be applied to different subdivisions to make an area equiva- lent to a quarter-section. The manner of proceeding to acquire title with Agricultural College scrip is the same as in cash and warrant cases, the fees to be paid being the same as on warrants. The location of this scrip at private entry is restricted to three sections in each township of land, and one million acres in any one State. It can also be used in payment of preemption claims in the same manner and under the same rules and regulations as govern the application to preemptions of military land warrants ; this, too, without regard to the quantity located in a township or State. In payment for homesteads commuted under section 2301 of the Kevised Statutes, this scrip is also available. The fees required to be paid to both the register and receiver of the land district when lands are located with land warrants is 50 cents to each for the first forty acres and 90 cents each additional for each twenty acres added. By Preemption. — The preemption privilege is restricted to heads of families, widows, •or single persons over the age of twenty -one, who are citizens of the United States, or who have declared their intention to become citizens, as required by the naturalization laws ; an actual inhabitant of the tract claimed ; and not be the proprietor of 320 acres of land in any State or Territory. A person who has removed from lands of his own to reside on public land in the same State or Territory, or who has previously exercised his preemp- tion right, is not a qualified preemptor. All of the vacant Government land in Kansas, except the Cherokee strip, ( of which but little remains,) are subject to preemption entries, the maximum amount of land that can be taken under this privilege being 160 acres, for which the preemptor must pay the United States for the same $1.25 per acre, or if the tract be within the limits of a grant to any railroad, $2.50 per acre, at the times and places provided by law. Lands included in any reservation, or within the limits of an incorporated town, or selected as the site of a city or town, or actually settled and occupied for purposes of trade and business and not for agriculture, or on which there are any known salines or min- 'erals, are not subject to preemption. The declaratory statement of the preemptor must be filed within three months from date of settlement, failing to file which, within the time prescribed, makes the land liable to the claim of an adverse settler who does file notice of his intention at the proper time. The land office fee for filing a declaratory statement in Kansas is $2. A preemption filing can be made only by an actual settler on the land, a filing with- out settlement being illegal, no rights being acquired thereby. The existence of a pre- emption filing on a tract of land does not prevent another filing to be made of the same land, subject to any valid rights acquired by virtue of the former filing and actual settle- ment, if any. Proof and payment must be made within thirty -three months from date of settlement, and may be made at the expiration of six months of actual settlement and improvement. A failure to make proof and payment as prescribed by law, renders the land subject to appropriation by the first legal applicant, and the requirements of actual inhabitancy and improvement must be observed strictly. Failure to inhabit and improve the land in good faith, as required by law, renders the claim subject to contest and the entry to investigation and cancellation. Final proof in preemption cases must be made to the satisfaction of the register and receiver, whose decision, as in other cases, is subject to examination and review by the General Land Office. The final affidavit must be made before the register or receiver, or before the clerk of a court of record in the county and State or Territory where the land is situated. If in an unorganized county, the proof may be made in a similar manner in any adjacent county in the same State or Territory. The preemptor must accompany his notice to make proof with a deposit of sufficient money to pay the cost of publishing, when the register will publish such notice. The preemptor is required to make oath that he has not previously exercised his pre- emption right; that he is not the owner of 320 acres of land; that he has not settled upon and improved the land to sell the same on speculation, but in good faith to appro- priate it to his own exclusive use ; that he has not made any contract or agreement, directly or indirectly, in any way or manner, with any person whomsoever, by which the title he may acquire from the United States shall inure in whole or in part to the benefit of any person except himself. Any person swearing falsely /or/eite all right to the land and to the purchase-money paid, besides being liable to prosecution under the criminal laws of the United States. The Osage Indian trust and diminished-reserve lands, situate in the Wichita and Arkansas Valley land districts, excepting the sixteenth and thirty-sixth sections in each township, shall be subject to disposal, for cash only, to actual settlers, in quantities not exceeding 160 acres, or one quarter-section to each, in compact form, in accordance with the general principles of the preemption laws, under the direction of the Commissioner of the General Land Office ; but claimants shall file their declaratory statements as pre- scribed in other cases upon unoffered lands, and shall pay for the tracts respectively settled upon within one year from date of settlement, where the plat of survey is on file at that date, and within one year from the filing of the township plat in the district office where such plat is not on file at date of settlement. By the Homestead Privilege. — The homestead right was limited, as the maximum quantity, to 160 acres of the class of ordinary public lands held by law at $1.25 per acre, when disposed of to cash purchasers, or 80 acres of the class of lands embraced in the alternate sections along the lines of railroads or other works of internal improvement, reserved to the United States in acts of Congress making grants of land in aid of the construction of such works, and the price thereof increased to $2.50 per acre. By act of Congress of March 3, 1879, it was enacted that from and after its passage "the even sec- tions within the limits of any grant of public lands to any railroad company, or to any military road company, or to any State in aid of any railroad or military road, shall be open to settlers under the homestead laws to the extent of 160 acres to each settler," thus doing away in this class of entries, with the distinction between ordinary minimumi and double-minimum lands, or lands held at fl.25 per acre, and lands held at $2.50 per acre, which had existed, so far as the double-minimum lands may be found in even sec- tions, within the limits of land grants for railroads or military roads. To obtain a homestead, the party must, in connection with his application, make an affidavit before the register or receiver that he is over the age of twenty-one, or the head of a family ; that he is -a citizen of the United States, or has declared his intention to become such ; and that the entry is made for his exclusive use and benefit, and for actual settlement and cultivation ; and must pay the legal fee and that part of the commissions which is payable when the entry is made. Where a wife has been divorced from or de- serted by her husband, so that she is dependent on her own resources for support, if in fact the head of a family she can make a homestead entry as such. Upon faithful observance of the law in regard to settlement and cultivation for the continuous term of five years, and at the expiration of that time, or within two years thereafter, upon proper proof to the satisfaction of the land officers, and payment to the receiver of that part of the commission remaining to be paid, the receiver issuing his- receipt therefor, the register will issue his certificate, and make proper returns as a basis of a patent or complete title for the homestead. Upon the expiration of the time re- quired by law for occupancy and cultivation, the party desiring to make final proof must first file with the register of the proper land office a written notice of his intention to do so. Such notice must describe the land claimed, and the claimant must give the names- 6 and residences of the witnesses by whom the necessary facts as to settlement, residence, cultivation, etc., are to be established. If the homestead settler does not wish to remain five years on his tract, the law per- mits him to pay for it with cash or warrants or Agricultural College scrip, upon making proof of settlement and cultivation, for a period of not less than six months from the date of entry to the time of payment. A preemption settler may change his filing into a homestead, if he continues in good faith to comply with the preemption laws until the change is eflfected, and the time he has resided on the land as a preemptor will be credited upon the period of residence and cultivation required under the homestead laws. The land-oflBce fees and commissions, payable when application is made, are as follows : Land at ^.50 per acre. For 160 acres $18 00 " 80 " 9 00 " 40 " 7 00 Land at $1.^5 per acre. For 160 acres $14 00 " 80 " 7 00 " 40 " 6 00 When a person desires to enter a tract of land upon which he has not established a residence and made improvements, he must appear personally at the district land office and present his application, and must make the required affidavit before the register and receiver. He must then establish his actual residence (in a house) upon the land within six months from date of entry, and must reside upon the land continuously for the period prescribed by law. The homestead affidavit can be made before the clerk of the county court only in cases where'the family of the applicant, or some member thereof, \sactuaUy residing on the land which he desires to enter, and on which he has made bon,a fide improvements and settlement, and when he is prevented by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land office. In such cases the applicant must state in a supplemental affidavit the facts of such settlement, improvement, and residence ; what acts of settlement have been performed, and when made; the nature, extent, and value of the improvements; what member or members of his family are residing on the land, and the length of time such residence has been maintained, and the cause, specifically, why the applicant cannot appear at the local office. A false oath taken before a clerk of a court is perjury, the same as if taken before the register or receiver. The period of actual inhabitancy, improvement, and cultivation required under the homestead law is five years. In case of the death of a homestead party, before making final proof, the widow suc- ceeds to the homestead right. In case of the death of both father and mother, the right and fee inure to the minor children, if any. A homestead right cannot be devised away from the widow or minor children. Soldier^ Homesteads. — A Union soldier or sailor of the late war is entitled to a de- duction from the five years of the length of time (not exceeding four years) of his military service. But the soldier (or his widow, as the case may be) must actually re- side on the land at least one year before final proof can be made. In case of the death of the soldier, and the death or re-marriage of the widow, the minor children of the soldier, by a duly-appointed guardian, are entitled to the privileges of the father. Neither the guardian nor the minor children are required to reside upon the land, but the same must be cultivated and improved for the period of time during which the father would have been required to reside upon the tract. The soldier may file a declaratory statement for a tract of land which he intends to ■enter under the homestead laws. The fee in Kansas is $2. This statement may be filed either personally or by an agent, and the soldier is there- after allowed six months within which to make his entry and commence his settlement and improvement. The entry can be made only by the soldier in person at the local land office, and he must commence his settlement on the land within six months after his filing, and must continue to reside on the land and cultivate it for such period as, added to his military service, will make five years. But he must actually reside upon the land at least one year, whatever may have been the period of his military service. Entries cannot be made for a soldier by an agent or attorney. After a declaratory statement has once been filed, whether by an agent or otherwise, the soldier cannot file again. His rights are exhausted by the first filing, and if he does not, within six months, make his personal entry at the land office and commence his settlement as required by law, he obtains no right to the land. A soldier's homestead declaratory statement for a tract of land does not prevent any- body else from making an entry of the same land, subject to such right as the soldier may acquire by virtue of actual residence on the land and full compliance with law. If the soldier does not establish his residence on the tract as required, the next comer may take the land. Soldiers are not entitled to land, nor to bounty land warrants,, for their military ser- vice in the late war, nor can title to land be obtained for them by agents or attorneys. All representations to the contrary are false, and soldiers and sailors are warned against imposition by parties who ofier to locate land for them, or to sell their rights. Final Proof. — A settler desiring to make final proof must file with the register of the proper land office a written notice, in the prescribed form, of his intention to do so, which notice will be published by the register in a newspaper to be by him designated, nearest the land, once a week for six weeks, at the applicant's expense. Applicants should commence to make their proofs in sufficient time so that the same may be completed and filed in the local office within the statutory period of seven years from date of entry. The final affidavits and proof should be made before the register or receiver, but may be made before the judge, or in his absence before the clerk, of a court of record in the county and State, district or Territory, in which the land is situated. If in an unorganized county, the proof may be made in a similar manner in any adjacent county in the same State or Territory. When proof is made before the county officers mentioned, the same must be trans- mitted by the judge or clerk of the court to the register and receiver, together with the same fees and commissions that the land officers would have been entitled to receive if the proof had been made before them, and the testimony reduced to writing by them. The land-office commissions, payable at time of making finai proof, are as follows : Land at ^.50 per acre. j Land at ^l.S5per acre. For 160 acres- $8 00 | For 160 acres $4 00 " 80 " 4 00 " 80 " 2 00 " 40 " ._ 2 00 1 " 40 " 100 The fees for reducing testimony to writing in making final proof in Kansas are, 15 cents for each 100 words. No other land-office fees than those stated are payable or allowable in homestead cases. Commuted Homesteads. — Homestead entries can be commuted to cash only after actual inhabitancy of the land by the homestead party, and his improvement and cultivation of it for a period of not less than six months. A person who commutes a homestead entry cannot move from the tract and settle upon other public land in the same State or Territory as a preemptor. 8 Proof of settlement and cultivation for the prescribed period is to be made in the same manner as in preemption cases. A person commuting a homestead entry when he has not actually resided upon the land and improved and cultivated it as required by law, forfeits all right to the land and to the •purchase-money paid, and in addition thereto renders himself liable to criminal prosecution. The Timher-OuMure Act. — A timber-culture applicant is required to make oath that his entry is made for the cultivation of timber and for his own exclusive use and ben- efit; that he makes the application in good faith, and not for the purpose of speculation, nor directly or indirectly for the use or benefit of any other person or persons whomso- ever; and that he intends to hold and cultivate the land, and to wholly comply with the provisions of the act. Claimants under the timber-culture act will be held to a strict compliance with the terms and conditions of the law. Not more than one-quarter of any section can be entered under this act. Where 160 acres are taken, at least five acres must be plowed within one year from date of entry. The following or second year, said five acres must be actually cultivated to crop or otherwise, and another five acres must be plowed. The third year the first five acres must be planted to trees, tree seeds, or cuttings, and the second five acres actu- ally cultivated to crop or otherwise. The fourth year the second five acres must b& planted to trees, tree seeds, or cuttings, making, at the end of the fourth year, ten acres thus planted to trees. Perfect good faith must at all times be shown by claimants. Trees must not only be planted, but they must be protected and cultivated in such manner as to promote their growth. Final proof may be made at the expiration of eight years from date of entry. It must be shown that for the said eight years the trees have been planted, protected, and culti- vated as aforesaid; that not less than 2,700 trees were planted on each of the ten acres, and that at the time of making proof there are growing at least six hundred and seventy- five (675) living thrifty trees to each acre. Where less than one quarter-section of land is entered, the same proportionate amount of plowing, planting and cultivation of trees must be done as required in entries of 160 acres. If the trees, seeds, or cuttings are destroyed in any one year, they must be replanted. A party will not be released from a continued attempt to promote the actual growth of timber or forest trees. A failure in this respect will subject the entry to cancellation. Only an applicant for the land under the timber-culture or homestead laws can insti- tute a contest under the third section of the act of 1878. Contestants have a preference right of thirty days after cancellation in which to make entry of the land. The Government will at any period, upon proper application to contest, or upon its own information, investigate alleged fraudulent or illegal timber-culture entries, or al- leged failure to comply with the law after entry, and such entries will be canceled upon sufficient proof either of illegality or failure to comply with the law. The character of the trees should be such as are recognized in the neighborhood as of value for timber, or for commercial purposes, or for firewood and domestic use. The enumeration of species heretofore given in instructions from the General Land Office is only intended as a general guide, and is not to be considered to exclude any trees falling Within the foregoing characterization. In all cases under this act, it will be required that trees shall be cultivated which shall come within the term timber, as defined above, the cultivation of shrubbery and fruit trees not being sufficient. The local land office fee for an entry of more than 80 acres is $14; for 80 acres or less, $9. The State is divided into ten land districts. The location of land offices, the names of registers and receiverp, and the approximate number of acres still remaining vacant in each district, are here given. ARKANSAS VALLEY LAND DISTRICT. Office at Larned, Pawnee county.— W. E. Brownlbe, Begisier; H. M. Biokel, Eecewer. Counties. Acres, Eice 3,120 Barton 4,320 Pawnee 2,200 StaflTord 12,000 There are also in this district, in addition to the above, the Osage Trust Lands, which are disposed of by sale only under the laws governing preemption, in the follow- ing named counties : Counties. Acres. Pratt 50,000 Edwards 140,000 Counties. Acres. Pratt 4,720 Edwards 8,000 Hodgeman 10,000 Counties. Acres. Comanche 350,000 Barber 220,000 NORTHERN LAND DISTRICT. Office at Oberlin, Decatur county. — A. L. Patchin, Register; Tdlly Scott, Receiver. Counties. Acres. Norton* 1,240 Graham* 2,800 Decatur 7,080 Sheridan 14,400 Cownties. Acres. Thomas 7,460 Sherman 175,680 Cheyenne 245,840 Rawlins 86,820' • Portions of these counties extend into other land districts. TOPEKA LAND DISTRICT. Office at Topeka, Shawnee county. — J. J. Fisu^r, Register ; Chas. Spalding, Receiver. The few isolated tracts of small area remaining undisposed of in this district are un- desirable. NORTHWESTERN LAND DISTRICT. Office at Kirwin, Phillips county. — John BisseIjIj, Begister; E. R. Hays, Receiver, The lands in this district have been entirely disposed of. OSAGE LAND DISTRICT. Office at Independence, Montgomery county. — C. M. Ralston, Register; H. W. Young, Receiver, The lands of this district are nearly all taken. What is not entered is nearly all filed on. But a very few undesirable tracts remain. REPUBLICAN LAND DISTRICT. Office at Concordia, Cloud county.— S. H. Dodge, Register; Thos. Weong, Beceioer, There are no vacant Government lands in this district worthy of mention, except about 900 acres in Lincoln county. SALINA LAND DISTRICT. Office at Salina, Saline county. — J. M. Hodge, Register; H. S. Cunningham, Recevver. Counties. Acres. Ottawa 120 Saline 80 Lincoln 480 Ellsworth 480 Counties, Acres. Russell 5,000 Davis 80^ Chase 80 There are practically no Government lands left in this district that are suitable for farming or agricultural purposes. All the lands left in the Salina district are rough, not adapted to agriculture, but well suited for grazing purposes. 10 GARDEN CITY LAND DISTKICT. Office at Garden City, Einney county.— C. F. M. Niles, Begisler; S. Thanhauser, Receiver. Counties, Acres. Tord 95,000 Hodgeman 75,000 -Clark 126,000 Meade 125,000 Counties. Acres. Finney 225,000 Hamilton 275,000 Seward 275,000 ■WESTERN LAND DISTRICT. Office at Wakeeney, Trego county. — B. J. F. Hanna, Register; W. H. Pilkenton, Receiver. Counties. Acres. Books* 6,440 Ellis 20,000 Rush Graham* 1,120 Trego 20,000 Ness 30,000 Sheridan* 4,160 Gove 117,120 Gotmties. Acres. Lane 81,280 Thomas* 33,660 St. John 179,840 Scott 199,680 Sherman* .' 65,600 Wallace 197,000 Wichita 254,400 Greeley 331,520 Acres. Chautauqua 4,000 McFherson Harvey Rice Marion, Chase Greenwood 2,000 *Portions of these counties extend into other land districts. WICHITA LAND DISTRICT. Office at Wichita, Sedgwick county. — Frank Dale, Register; S. L. Gilbert, Receiver. Counties. Acres. iReno _ 8,000 Sedgwick 200 Butler 5,000 Oowley 15,000 Sumner 200 Harper 2,000 Kingman 3,000 Elk _ 2,000 The land remaining in the Wichita District is all Osage Indian Trust Land, except 15,000 acres in Eeno county, and is subject to sale under the provisions of the preemp- tion law only. COMMON-SCHOOL LANDS. These lands were granted to the State by the General Government for educational purposes, and originally consisted of the sixteenth and thirty-sixth sections in each town- ship in the State, and about 300,000 acres granted to the State by the General Govern- ment, as indemnity for lands lost in the Indian reservations. The method of sale is as follows : Whenever twenty householders petition for lands to be appraised and sold, the county superintendent of public schooli, with the consent of the county commissioners, appoints three disinterested householders, residents of the county in which the lands are flituated, who proceed to appraise the lands at their actual value. They are then placed in the hands of the county treasurer for sale as hereinafter provided. '_:,:r.SMeritRigh^i^:r:^Any-Tp(irgonj7\LO_-has^set _'3£PiL ?'^^ improved any portion of school lands prior to the appraisement, may,"within7slxty daysTifom its~appraiBemSt, fil^ in the probate court oFhis county a petitionTstating THatlTe haSTHettled npbirSnd imp roved said lands; that the^ same Jiave been appraised, and " the^ amount of~tHe ap- praisement, and asking that he be allowed to purchase the same: Provided, That "the heirs of deceased^persons who have made improvements upon said lands shall be entitled itjp all Jtherigljts accruing to actual_reddentsJhereon^ * Improvements upon school land entitle the owner to no special privileges as a purchaser, unless accompanied by actual settlement, made prior to the appraisement. A person who has settled upon and improved any portion of school lands prior to the appraise- ment, cannot, before he has actually become the purchaser of the same, lawfully remove mineral or (timber from the same, even for use upon or improvement of said lands. 11 m No lands granted by act of Congress for school purposes, lying and being in any un- organized county of the State, shall be subject to sale until three years after such county shall have been organized. Approved February 12, 1886. Settlers' Rights. — Any person who has settled upon any portion of school land, and has actually resided thereon continuously for a period of six months, and has made it his only home for said period, and has improved said land to the amount of one hundred dollars, including a permanent dwelling, prior to the appraisement, may, within sixty days after its appraisement, file in the probate court of his county a verified petition, stating therein that he has settled upon said land, and resided thereon continuously for a period of not less than six months immediately prior to said appraisement; that he has permanently improved said land to the amount of one hundred dollars; that said improvements consist of a permanent dwelling, and such other improvements as show an intention to make a permanent home thereof; that said land has been appraised, and the amount thereof; that said improvements have been appraised, and the amount thereof; that he has not heretofore taken school land to the amount of one quarter- section under the provisiems of this act or of the act of which this act is amendatory; that he has given ten days' public notice through a newspaper of general circulation in the county wherein said land is situated, setting forth in said notice a description of the land, the names and residence of two witnesses by whom he expects to prove said settlement and improvements, the time when (the time to be fixed by the probate judge) said petition will be heard by the probate court, and asking that he be allowed to pur- chase said land : Provided, That any person who has purchased school laud to the amount of one quarter-section under the provisions of the act of which this act is amendatory, or who may hereafter purchase school land to the amount of one quarter-section under the provisions of this act, shall not again be permitted to purchase school land under the provisions of this act: Provided further, That the heirs of deceased persons who have made improvements upon school land shall be entitled to all the rights accruing to actual residents thereon : Provided further, That school land that has a settler actually residing upon and improving said land in accordance with the provisions of this act shall not be brought into market until six months after the commencement of such set- tlement and improvement. Every person who shall willfully and corruptly swear, testify or aflSrm falsely to any material matter, upon oath or affirmation, in any matter or proceeding relating to the proof of settlement or improvement upon school land before the probate court under the provisions of this act, shall be deemed guilty of perjury, and shall, upon conviction thereof, be punished by confinement and hard labor for a term of not more than seven years. Approved February 18, 1886. 11 The probate court shall require the petitioner to prove the facts set forth in his pe- tition, and the superintendent of public instruction may appear and introduce testimony to controvert said facts; and if said petitioner fails to establish the truth of his petition, he shall be adjudged to pay the costs. If he feels himself aggrieved by the decision of said court, he shall have the right to appeal to the district court, by filing a bond within fifteen days after such decision, conditioned that he will prosecute the appeal, and pay all damages and costs that may be adjudged against him. The State shall have power to appeal from the decision of said court,, by the superintendent filing a notice thereof, ■within the time prescribed for the appeal by the petitioner ; and when said notice shall have been filed, the appeal shall be granted, and the probate court shall transmit to the clerk of the district court a certified transcript of the record and proceedings relating to the cause, together with the original papers in his office relating thereto ; and the district court shall have jurisdiction of the cause, and shall proceed to hear, try, and •determine the same anew, without regard to any error, defect, or other imperfection in the proceedings in the probate court. Notice of Sale. — In all cases where the court shall find that the petitioner has settled upon and improved school lands, as set forth in his petition, the petitioner may purchase the said lands, not exceeding one quarter-section, for the appraised value thereof, ex- clusive of the value of the improvements. The county treasurer shall then offer the nosold portion of all school lands appraised, including those to which no claim has been set up by any settler as evidenced by the commencement of proceedings in the probate court as hereinbefore provided, for sale at public auction, after giving four weeks' notice thereof in some newspaper published in such county ; and in case no such paper is pub- lished in such county, then said notice shall be given by posting the same at each voting precinct in such county at least four weeks previous to the sale; (and that any person may and shall have the privilege of making a bid or offer for said lands, between the hours of ten o'clock A. M. and three o'clock p. M. of said day of sale.) Said notice shall contain a description of the land and improvements, if any, thereon, with the appraised value thereof, and a statement ( of the hours of sale, which shall be between the hours of ten o'clock A. M. and three o'clock p. M., as aforesaid,) and the place of sale; and no bid at said sale shall be received for less than the appraised value of said land and improve- ments. Timber land may be subdivided into lots of such size as the superintendent of public instruction and appraisers may deem best ; and in all cases one-half the purchase- money for timber land shall be paid at the time of purchase, and the purchaser shall give a good and sufficient bond for the payment of the remainder, as for other lands sold under this act. Terms of Payment. — Any person purchasing such land shall pay to the treasurer of the county in which the same is situate, one-tenth of the amount of the purchase-money, taking therefor a receipt, which he shall present to the county clerk, together with a bond in double the amount of the purchase-money unpaid, conditioned that he will not commit waste upon said land, and that he will pay the balance of said purchase- money in twenty years, and interest to be paid annually thereon at the rate of six per cent, per annum, as the same becomes due: Provided, That the purchaser may pay the balance of the purchase-money at any time, or in installments of not less than twenty- five dollars : Promded, also, Any person having heretofore purchased such land and made partial payment of the purchase-money thereof, and who has not defaulted in the pay- ment of interest and taxes due upon such purchase, may, upon the expiration of the time when the unpaid part of such purchase-money becomes due, have the time of said final payment extended twenty years, by presenting to the county clerk of the county in which said land is situate a new bond in double the amount of the purchase-money remaining unpaid, said bond conditioned the same as the bond aforementioned in this section. 12 Certificate of Purchase. — The county clerk shall thereupon enter the amount of the purchase-money on the land, the amount paid upon the same, in a book kept for that purpose, and shall charge the same to the county treasurer in the records of the county, and shall issue to the purchaser a certificate, under the seal of his office, showing the amount paid, the amount due, and the time when due, with interest, and that upon the payment of said amount, when due, with interest, he will be entitled to a patent to said land. Waste; Taxation. — No purchaser of school land, prior to his obtaining title to the same, shall commit any waste upon such land, or take or remove mineral or timber from the same, other than for use upon or improvements of said land. The lands purchased under this act shall be subject to taxation, as other lands: and in case of non-payment of any taxes charged thereon, the said lands may be sold, as in other cases, but the pur- chaser at such sale shall be subject to all the conditions of the bond of the original maker, and of the certificate of purchase: Promded, That such purchaser of said school land shall be allowed one year from the date of the certificate of sale of such land for such taxes, in which to redeem from such tax sale, by complying with the provisions of law relating to the redemption of land from tax sale, and paying to the county treasurer, for the benefit of the holder of such tax certificate, all installments of interest or other payments which such holder of tax certificate has been compelled to pay in order to prevent a forfeiture of the rights of purchaser of school land, under the provisions of section sixteen of this act. Patent. — On presentation of a certificate of the county clerk, showing that any person has paid the full amount of the purchase-money, and all interest due, for any portion of said school lands, with a certificate thereon, indorsed by the Auditor of State, showing that he has charged the county treasurer of the county where the land is situated with the full amount of the purchase-money mentioned in said certificate, the Governor of the State shall issue a patent to the purchaser, his heirs or assigns, for the same, which said patent shall convey to the patentee a full title in fee simple to said lands. Forfeiture; Fees. — If any purchaser of school laud shall fail to pay the annual in- terest when the same becomes due, or the balance of the purchase-money when the same becomes due, it shall be the duty of the county clerk of the county in which such land is situated, immediately to issue to the purchaser a notice in writing, notifying such, purchaser of such default, and that if such purchaser fail to pay, or cause to be paid, the amount so due, together with the costs of issuing and serving such notice, within sixty days from the service thereof, the said purchaser, and all persons claiming under him^ will forfeit absolutely all right and interest in and to such land under said purchase, and an action will be brought to eject said purchaser, and all persons claiming under him, from such land. It shall be the duty of said county clerk to include in such notice all tracts of land sold to the same purchaser, and on which default in any such payment then exists. The notice above provided for shall be served Hy the sheriff of the county, by delivering a copy thereof to such purchaser, if found in the county — also to all per- sons in possession of such land ; and if such purchaser cannot be found, and no person is in possession of said land, then by posting the same up in a conspicuous place in the ofiice of the county clerk. And in case such land or any part thereof has been sold for taxes, a copy of such notice shall be delivered to such purchaser at tax sale, if a resident of the county. Said sheriff shall serve such notice and make due return of the time and manner of such service within fifteen days from the time of his receipt of the same. The sheriff shall be entitled to the same fees and mileage for serving the same as allowed by law for serving summons in civil actions. If such purchaser shall fail to pay the sum so due, and all costs incident to the issue and service of said notice, within sixty days from the time of the service or posting such notice as above provided, such purchaser and all persons claiming under him shall forfeit absolutely all rights and in- 13 terest in and to such land, under and by virtue of such purchase. And the county attor- ney shall proceed to eject him and all persons claiming under him from said premises, if in possession. Forfeited Lands. — Lands from which purchasers have been ejected, and lands which have been forfeited, and which are unoccupied by the purchaser or his assigns, shall be reappraised, and may be purchased by any person in accordance with the provisions of this act, and in all cases lands which have not been claimed or purchased shall be reap- praised every five years : Provided-, That they may be reappraised at any time on peti- tion of one-half of the bona fide" householders of the township in which the lands lie to the board of county commissioners of the county, at their discretion. But such reap- praisement shall be conducted according to the provisions of this act, and the sales upon the same shall be conducted in all respects in accordance with the provisions of this act. Unlawful Purchase. — It shall be unlawful for the county superintendent appointing the appraisers, or the persons appraising the lands, to purchase, either directly or indi- rectly, any portion of the lands appraised by them. Private Sale. — In all cases where school lands fail to sell as provided for in this act, the county treasurer may dispose of said lands at private sale to actual settlers only, in tracts not exceeding one hundred and sixty acres to each purchaser : Provided, That no sale be made at less than the appraised value of the land and improvements: And pro- vided further. That if school lands, once oflfered at public sale, are not sold within one year from the time of said sale, they shall be reappraised and sold at public sale, as other school lands are sold: Provided further, That the person so residing upon said school land shall have the privilege of purchasing said land, exclusive of the appraised value of the improvements ; but in the event of any person other than the actual settler buying in said land, the person so purchasing shall pay to the person entitled to the pay for the improvements, the amount of the appraised value of said improvements, they having been previously appraised according to the provisions of this act. Fees. — Each appraiser required under this law shall receive two dollars per day ; and in cases when it is necessary to divide timbered lands into lots of less size than the legal subdivisions, the surveyors, chainmen and axmen shall receive the same pay as is provided for by law in other cases. The county clerk, under this act, shall be allowed for filing each paper, five cents; for recording each appraisement and other paper nec- essary to be recorded, seven cents per folio ; for granting a certificate to a purchaser of school land, twenty-five cents ; for indorsing payment on certificate, five cents ; for filing treasurer's receipt, five cents; for approving bonds, twenty-five cents — to be paid by the purchaser; for making out abstract to be forwarded to Auditor of State, five cents for each tract of land. The county treasurer shall receive for making out list of land for the printer, or to be posted, five cents for each tract advertised ; for issuing a receipt to purchaser of school land, twenty-five cents, which receipt, before it shall be of any validity, shall be presented by the purchaser to the county clerk, who shall indorse the same as entered upon the proper books of his office ; on the net proceeds of the sale of school lands, one per cent. ; and the county treasurer shall receive no fees for the sale of school lands except as provided for in this act. The printer, for publication of notice for sale of school lands, shall receive legal rates. The probate judge shall be allowed the same fees under this act as for similar services in his court. The county attorney, sherifi' and district clerk shall receive for their respective services, under this act, the fees allowed by law for similar services. The several amounts above specified shall be paid by the county treasurer out of any money arising from the sale of the school lands, on the order of the county superintendent of public instruction ; and the county superintendent is hereby authqrized to administer the oath to appraisers, and in verification of all bills presented to him he shall take the affidavit of the person or persons presenting such bills. The county superintendent shall be paid as is now provided by law. 14 Further information concerning the location of these lands can be obtained of the county treasurers and clerks of the several counties. The following table shows the number of unsold acres of school lands in the organized counties on December 31st, 1885, and the average price per acre at which they would probably be appraised. Much of the land here given as vacant, is settled upon and im- proved. The rights of these settlers are given in the synopsis of laws for the purchase of these lands, on a preceding page. VACANT SCHOOL LANDS. Counties. Acres. Average priceper acre. Counties. Acres. Average price per aere^ Allenf 240 40 83 50 10 00 680 U 00 Marshall 520 3 60 2,400 11,080 280 10 4,560 2,000 .2,600 3 00 4 60 3 00 25 00 3 00 8 60 3 00 Miami Mitchell 640 890 1,000 40 4 00 3 00 Morris* Butlerf 10 00 ChaseJ Ness 39,897 2,760 3 50 4 00 Clay.. Cloud 40 120 920 3 00 3 60 3 00 Osborne 5,040 2,400 5,680 6,720 4 00 Ottawa* 4 50 3 50 Crawford Phillips 4 00 1,360 2,880 80 80 3 00 3 00 10 00 3 00 Pratt 1,760 3,000 6,738 3 00 Kawlins 6 00 Reno 4 00 12,000 1,360 20,839 2,520 52,320 9,600 4 00 5 00 3 26 3 00 3 26 3 00 Bioet 1,200 4 00 Elk Riley 11,440 6,600 9,800 3,780 28 3 12i Ellsworth Rush* 8 I2i Russell* 4 00 Ford Saline* 5 00 S 00 3,840 1,800 640 4 00 3 75 3 00 Sheridan! 30,000 1,440 16,800 200 5,720 3 50 Smith 4 00 Stafford 3 00 7,280 4 00 6 50' 3 60 Wabaunsee Wilson 360 3 00 Woodson Labette 6,280 28,320 27,520 3 60 6,786 60 40 4 60 8 00 3 60 St. John? 3 60 Wallaces ;.. 3 60 *The clerks of these counties report that all, or about all, of the school lands in their counties have been settled upon, and the settlers are awaiting the appraisement of said lands. -f-The lands remaining unsold in the counties of Allen, Barber, Butler and Linn are reported by the clerks of the several counties as very rough and undesirable, and in many cases almost totally unfit for settlement and cultivation. X Estimated. No returns from county clerks. Gove, St. John and Wallace counties are attached to Trego county. LANDS OWNED BY EDUCATIONAL INSTITUTIONS. The three State institutions of learning, viz., the State University, at Lawrence; the Agricultural College, at Manhattan, and the State Normal School, at Emporia, each had donations of land. All of these lands have been disposed of, except a small amount be- longing to the Agricultural College. The lands remaining to this institution and which are for sale are 160 acres in Washington county. The terms of the purchase are one- eighth cash at time of purchase, balance in seven equal annual payments, bearing 10 per 15 cent, interest. For further information regarding their exact location and price per acre- address the agent of these lands, John B. Gifford, Manhattan, Kansas. RAILROAD LANDS. The Land Department of the Atchison, Topeka & Santa F^ Eailroad, Col. A. S. Johnson, Commissioner, with headquarters at Topeka, reports that this company have- disposed of their grant, and have no lands in Kansas for sale. All other land-grant railroad companies in Kansas have disposed of their grants, ex- cept the Kansas Division of the Union Pacific Eailroad, with headquarters at Kansas City, Missouri, B. McAllaster, Land Commissioner, which company has the following terms of sale: 1st. On Eleven Years' Credit. — Under this plan, one-tenth of the purchase-money,, with interest at 7 per cent, on the deferred payments of principal, is paid at time of sale^ and for the first, second and third years following, no payment has to be made, ex- cept the interest annually at 7 per cent. ; so that it is four years from the date of purchase until the second payment of principal is required. Example No. 1: 160 acres, sold May 1, 1880, at $4 per acre — f640. The payments would be due as follows: May 1, 1880, one-tenth of the purchase-money, viz., ?64 ; May 1,. 1880, one year's interest at 7 per cent, on deferred payments, $40. Total, $104. DEFERRED PAYMENTS. Paym&Tiis. When due. Principals Jnierest. TotttL May 1, 1881 840 32 40 32 40 32 35 28 30 24 25 20 20 16 15 12 10 08 5 04 840 32 " 1882 40 32 Third " 188S. 40 32 1884 1885 1886. 1887 1888 1889-. 1890 1891 $72 00 72 00 72 00 72 00 72 00 72 00 72 00 72 00 107 28 Fifth 102 24 Sixth 98 20 Seventh 92 IS- Eighth 87 12 Ninth 82 08- 77 04 72 00' Total S5576 00 S262 08 $833 08 Sd. On Six Years' Credit. — Under this system we deduct ten per cent, from the price per acre. One-fifth of the purchase-money is paid at the time of sale, but no interest. No more principal is required for three years. The interest, at seven per cent, on the remaining four-fifths, is paid annually. Example No. 2: 160 acres sold May 1, 1880, price per acre, ^i; less ten per cent. Net purchase-money, $576. The payments would be as follows : May 1, 1880, one-fifth of the purchase-money, 1115.20. DEPEKRED PAYMENTS. Payments. When due. Principal. Interest. Total. May 1,1881 832 25 32 25 32 25 24 19 16 13 8 06 832 25 1882 32 25 " 1883 1884 1885 " 1886 'ilih 20 115 20 115 20 115 20 147 45 139 39 Fifth 131 33 123 2& Total 8460 80 8145 13 $605 93 Sd. Cash Terms. — ^We offer a discount of twenty-five per cent, from the price per acre, on all lands west of Ellsworth, to those who will pay in full for the same at the time of purchase. Thus, land at $4 an acre on credit terms, can be bought for |3 all cash DOVCN. 16 Land agents, appointed by the company, will be found at all the principal places where we have land for sale. The duty of these agents is to show the land and give our prices, and when a tract has been selected, to fill out the application and attest it. The applicant will then forward his application and first payment to B. McAllaster, Land Commissioner, Kansas City, Mo. Here all applications are subject to approval or rejec- tion. If accepted, the contract is made out in duplicate, and sent to the applicant to sign, who will retain one copy, and return the other to the Land Commissioner. The lands remaining unsold on December 31, 1885, belonging to this company, are as follows: ACRES. PRICE. Minimwm. Maximum. Average. Johnson 88 6 482 1,301 8,050 199 3 8,392 2,165 23,011 3,279 8,372 91,557 17,680 14,075 107,831 25,298 32,619 2,543 1,999 $10 00 820 00 Douglas . . . . 820 00 Pottawatomie 6 00 5 00 00 8 00 8 00 9 00 7 50 Eiley 6 50 Davis 7 00 Clay 6 31 Dickinson 10 00 Saline 5 66 5 00 5 00 8 00 *00 4 50 5 00 4 50 3 00 3 00 3 00 3 00 5 00 11 00 7 00 11 00 12 00 7 00 12 00 10 00 7 00 9 00 7 00 8 00 4 SO 8 00 8 95 Ellsworth ; 7 00 Eioe 9 50 Osborne 4 50 Kussell .. .. 6 50 Barton 7 50 Ellis 5 00 Rush 4 50 Trego Nesa 3 50 Gove 7 50 Thomas* St. John* Sherman* *Not in the market yet, pending survey and appraisement. Missing Page