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Owners of passenger conveyance, such as stages, carriages, &o, ere liable as common carriers for all luggage or baggage intrust ed to their care, but not for goods, unless under a special agree ment.
Injuries to goods by strangers must be made up by the carrier I!e is responsible for all damage to goods in his care by accidentai fires thefts, and robberies.
A common carrier is bound by law to deliver all goods in the samo good order as when intrusted to him. He must reoeive all such goods as are offered for the place at which he carries from any person willing or offering to pay the usual or a reasonable freight-charge. Ile may refuse to take them if his vessel or other means of transport is full, or if the goods are dangerous to be carried, or till he is ready to receive them, or if they are goods it is not his custom to carry, or for a good reason.
A carrier is not liable for loss by the freezing up of a river or canal, unless it can be shown that he neglected to use due diligenre ; nor for the leakage of a vessel in a storm, nor for losses from collision of bis ship with another, except in cases of negli. genre.
A carrier is liable for goods from the moment they are delivered into his hands.
A carrier is not liable for goods unless they are actually placed in bis hands. When goods have reached the destined place, they must be delivered to the proper person or his agent. If the latter Bloopts the delivery. the carrier is no longer responsible.
A carrier is liable for losses from deposits or storages of goods ou the route ; but if goods are left in his possession an unreasonable time, he is only bound to give them ordinary care.
No contract, nor public or personal notice, will exempt the carrier of goods from losses caused by his own neglect or fraud or that of his agents; but any notice of the carrier to the shipper that he will not take goods of great value, or that he will not pay moro than a specified sum, unless specially informed of such value, is good. All ambiguous notices will be construed against the car. rier. Notices at each end of a route will not bind parties who ship at intermediate places, unless such notice is specially, made thereon to them. A personal notice to the principal is binding on all his agents who may forward goods by the same line. If the owner of goods mislead the carrier as to their value, or inake false statements calculated to lessen his vigilance, it is a fraud upon him,
Where there is no notice, or special contract, it is enough for the owner to show the carrier's undertaking the rurriage of his goods, and a non-delivery. The carrier must show why he did Dut deliver; but when there is a notice, thu owner must show a wunt of ordinary prudence in the castier. A valid seizure of goods because of an illegal act of the owner, will excuso a non-delivery, but the seizure must be valid, or the carrier will be liable. The carrier is authorized to put any claimant to the proof as to his title to take the goods; should he neglect to do this, he is liable. In case of stolen goods, the carrier minst deliver them to tho owner on demand.
A carrier has a right to demand payment when he receives the goods ; if his
demand is not complied with, he may refuse to tako the goods. But if he take them, to be paid at the end of the route, he may detain them till paid, on his arrival there.
Common carriers are bound to carry passengers safely and properly to the place agreed upon, and are responsible for all neglect. In case of an accident on the way, the carrier has to show that it was not his fault. All passengers are to be treated impartially for the general benefit. Rude, coarse, or suspicious persons may be refused. The conveyance must be suitable for the passage, and have skilful, prudent conductors and servants. The baggage of passengers must be duly delivered to them, or, if so requested, the carrier must hold it for them a reasonable time.
In the case of a rash, careless, or violent driver, who causes in. jury to the passengers or goods by racing, runuing foul of other vehicles, the proprietors are liable.
A carrier may retain baggage for unpaid fare.
PRE-EMPTION TO PUBLIC LANDS,
Any individual claiming the benefits of the Pre-Emption act must be
First. cit of the United States, or have filed his declaration of intention to become a citizen.
Second. Either the head of a family, or a widow, cr a single mam over the age of twenty-one years.
Third. An inhabitant of the tract sought to be entered, upon whick, in person, he has made a settlement and erected a dwelling-house since the 1st of June, 1840, and prior to the time when the land is applied for: which land must, at the date of the settlement, have had the Indian tilie extinguished and been surveyed by the United States.
A person failing in any one of these requisites can have no claim by virtue of this act.
A person bringing himself within each of the above requirements by proof satisfactory to the Register and Receiver of the land district in which the lands may lie, taken pursuant to the rules hereinafter pre scribed, will, after having taken the affidavit required by the aot, be en. titled to enter, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter-section, to include his residence and he inay avail himself of the same at any time prior to the day of the commencement of the public sale, including said tract, where the card has not yet been proclaimed.
W'bere the land was subject to private entry at the date of the law, and a settlement shall thereaster be made upon such land, or where the land shall hereafter become subject te private entry, and after that perwa a settlement sholl be made, which the settier is desirous of securing under tbis act, such notice of his intentions must be given within thirty days after the date of such settlement. Such notice, in ail cases must be a pritten one, describing the land settled upon, and declaring the intention of such person to clain the same under the provisions of this act. (See forms ani B, herclo annexed
In all such cases, the proof, affidavit, and payment, must be made within twelve months after the date of such settlement.
The tracis liable to entry under this act are some one of the following designations :
First. A regular quarter-section, notwithstanding its quantity, may be a few ucres more or less than one hundred and sixty ; or a quarterSection, which, though fractional in quantity by the passage of a navi. gable stream through the same, is still bounded by regular sectional and quarter-sect!onal lives.
Second. A fructional section, containing not over one hundred and sixty acres, or any tract being a detached or anomalous survey made pursuant to law, and not exceeding said quantity.
Third. I'wo adjoiniug half quarter-sections (in all cases to be separated by a north and south line, except on the north side of townships, where the surveys are so made as to throw the excess or deficiency on the north and west side of the lownship) of the regular quarters mentioned in the first designation ; or, two adjoining eighty-acre subdivisions of the irregular quartere found on the north and west side of townsbips, where more than two such subdivisions exist, or the excess may render them necessary, provided in the latter case the aggregate quantity does nut exceed one hundred and sixty acres.
Fourth. Two hali quarter or eighty.acre subdivisions of a fractional or bruken section, adjoining each other, the aggregate quantity not ex. ceeding one hundred and sixty acres
Fistk. A regular half-quarter and an adjoining fractional section, op an adjoining half-quarter subdivision of a fractional section, the aggre gate quantity not exceeding one hundred and sixty acres.
Sirih. If the pre-emptor should not wish to enter the quantity of one hundred and sixty acres, he may enter a single half-quarter section, made by a north and south line,) or an eighiy-acre subdivision of a Suctional section.
Seventh. One or more adjoining forty-acre lots may be entered, the aggregate not exceeding one hundred and sixty acres.
Eighth. A regular half-quarter, a hali-quarier subdivision, or a fractional section, may each be taken, with one or more torty.acre subdivisions lying adjoining, the aggregate not exceeding one hundred and sixty aoros.
Only one person on a quarter-section is protected by this law, and that is the one who made the first selilemins, provided be shal have con formed to the othor provisions of the law.
A person who has once availed himself of the provisions of this all cannot, at ang future period, or at any other land cffice, acquire another right ander it.
No person who is the proprietor of three hund’ed and twenty acres of Land in any State or Territory of the United States, is entitled to the bunetits of this act.
No person who shall qurı or abandon his residence on his own land to maide on the public land in the same State or Territory, is entitled to luo benefits of this act.
No pre-emptior. right exists by reason of a settlement on and inbabi tancy of a tract, unless at the date of such seitlement the Indian title thereto had been extinguished, and the land surveyed by the United Statcs.
The appro ral of the solat is the evidence of the legality of the survey ; but in accordance with the spirit and intent of the law, and for the purpose of bringing tbe settler within its provisions, the land is to be construed as suri eyed, when the requisite lines are run on the tield and on the corners established by the deputy surveyor.
No assignments or transfers of pre-emption rights can be recognised. The patents must issue to the claimants, in whose names alone all en. tries must be made.
Sundry Descriptions of Land which are exempted from the
Operations of this Act. First. Lands included in any roservation by any treaty, law, or proc. amation of the President of the United States, and lands reserved for salines and for other purposes.
Second. Lands reserved for the support of schools.
Third. Lands acquired by either of the two last treaties with the Aliami tribe of Indians in the State of Indiana, or which may be acquired of the Wyandot tribe of Indians in the State of Ohio, or other Indian reservation to which the title has been or may be extinguished by the United States at any time during the operation of this act.
Fourth Sections of land reserved to the United States, alternate to other sections granted to any of the States for the construction of any canal, railroad, or other public improvement.
Fifth. Sections or fractions of sections included within the limits of any incorporated town.
Siath. Every portion of the public lands which has been selected as a site jos a city or town.
Seventh Every parcel or lot of land actually settled and occupied for the purposes of trade, and not agriculture.
Eighih. All lands on which are situated any known salines or pines.
Persons claiming the benefit of this act are required to file duplicate affidavits, such as the law requires, and to furnish proof by one or more disinterested witnesses, of the facts necessary to establish the threo requisites pointed out in the commencement of these instructions.
The witnesses are to be first duly sworu or affirmod to speak the truth, and the whole truth, touching the subject of inquiry, by some officer competent to administer oaths and affirmations.
In case adverse claims shall be 'made to the game tract, each claimant must be notified of the time and place of taking testimony, and allowed the privilege of cross-examining the opposite witnesses, and of producing counter proof, which should also be subject to crossexamination.
When, by reason of distance, sickness, or infirmity, the witnessee cannot come before the Register of the Land Office, the latter is author ized to receive their depositions ; which must be, in all other respects conformable to the wit) in regulations.
The notice to adverse claimants should be in writing, and should be served in time to allow at least a day for every twenty miles the party may have to travel in going to the place of taking evidence. The proof, in all cases, should consist of a simple detail of facts merely, aud not of statements in broad or general terms.
The witnesses must state, if the pre-emptor be the “ head of a family," the facts which constitute him such, whether a husband having a wife and children, or a widower, or an unmarried person under twentyone years of age, having a family, either of relatives or others depending upon him, or hired persons, or slaves.
All the facts respecting the settlement in person, inhabitancy or perBonal residence, the time of commencement, the manner and extent v. continuance, as well as those showing the apparent objects, should be stated
It must be stated that the claimant made the settlement on the land in person ; that be has erected a dwelling upon the land ; that the claimant lived in it, and made it his home, &c. Should the land officer decide against a claimant, he may appeal to the commissioner of the land office at Washington.
The affidavit of the claimant in reference to the fact of settlement, &c., is not required. The only affidavit required of the claimant is that prescribed by the 13th section of the act. (Sce form C, hereunto annered )
No entry must be permitted until this affidavit is taken. Duplicates thereof must be signed by the claimant, and the fact of the oath being taken must be certified by the Register or Receiver administering it; one copy to be filed in the Register's office, and the other to be trans mitted to the land office at Washington.
Declaratory Statements of a Settler on Land Subject to Pri. vate Entry at the Date of Settlement, required by the Fifteenth Section of the Act of 4th Sept., 1841,
FORM A. NON CASES WHERE, AT THE DATE OF THE LAW, Tu£ LAND CLAIXED WAB
SUBJECT TO PRIVATE ENTKY. 1, A. B., of -, being the head of a family or widow, or single man over the age of twenty-one years, as the caos may be, and a citizso