First, let me correct my earlier post: the county was not responsible for identifying the taxable land, rather the State Auditor was to provide a descriptive list of taxable lands annually to each county court. (Act 9 Mar 1835). Lands sold under either the credit policy or the cash sale terms were tax exempt for five years from the date of sale. PREEMPTION In several 1844 issues of the Springfield Advertiser, there was a notice regarding a preemption deadline. 1 a : the right of purchasing before others; especially : one given by the government to the actual settler upon a tract of public land b : the purchase of something under this right (Webster). Below I have made liberal use of information in “Missouri’s Public Domain: United States Land Sales, 1818-1922”, State of Missouri Office of Secretary of State Records Management and Archives Service, Archives Information Bulletin Vol II No 3, July, 1980, Gary Beahan, State Archivist. The first general preemption legislation was approved by Congress on May 29, 1830. Under its terms, every “settler or occupant” on the public lands who had been in possession of and cultivated a part of his claim in 1829 could enter up to 160 acres at $1.25 per acre. Lawrence county wasn’t settled until 1831 but many of the provisions were carried forward with the next act. Claims could be entered within one year from the date of enactment without having to bid for them at auction, but entry and payment were required before public sale. This act did not allow preemptions on unsurveyed lands. Section 2 allowed rival whose improvements were on the same quarter to take “floats” with each settler taking an additional 80 acres in the district. Affidavits were required stating evidence in support of their claims. A Congressional Act of 5 Apr 1832 reduced the smallest unit of land to 40 acres, and 80 acre preemptions were extended to all “actual settlers being house-keepers upon the public land,” provided entry was made within six months of passage of legislation. Affidavits were required as to the settlers intent to cultivate, but the act did not specify a qualifying date of occupation on the land. I have to say that the term “house keeper” or “keeping house” found on census records has meant little more than household chores to me and I have just realized that the root meaning of the phrase is embedded in a legal requirement to actually keep possession of a house. In1834 the Act of 1830 was reenacted and its provisions extended for two years. Settlers occupying land in 1833 were entitled to a enter a quarter section where improvements had been made at $1.25 an acre prior to public auction. Further legislation in 1838 allowed the right of preemption to every settler who was head of family or 21 years of age and in possession by personal residence on the public lands at the time of passage. The lands offered for sale in Lawrence county in 1839 were offered under these preemption regulations. Lambert Bearden is listed in Goodspeed as purchasing on section 1 in T29 R26 in 1839. Actually, he purchased 80 acres in section 1, 80 acres in section 12 and preempted on 160 acres in section 12. The dates on the patents are 1844 and 1845 -- which reflects the five year grace period on taxes. Benton’s “Log Cabin Bill”, 4 Sep 1841 allowed preemption rights on up to 160 acres of inhabited, improved land if they had erected a dwelling on it and paid the required $1.25 per acre. This act required that claimants be citizens or that they had filed a declaration of intent to acquire citizenship. Those owning 320 acres or who had quit residence on their land to reside on public land in the same state or territory were ineligible. (This provision was probably important in the decision to close the Springfield Land Office in 1863. Families who fled the area after Feb 1862 when the Union moved its forces back into Southwest Missouri forfeited their right to preemption.) Each settler was allowed a single preemption. Settlers on unoffered land were required to prove that settlement and inhabitation were carried out as prescribed by law and to pay for the land at the opening of the public sale. Settlers on previously offered land were required to file declaratory statements within either 3 months of passage of the act or within 30 days after settlement indicating intent to preempt the tract and within 12 months were required to prove up and pay for the land. The Act of 1841 excluded settlement prior to the act, limited preemption to surveyed lands and was not extended to purchasers of 40 acre tracts. This act provided for 500,000 acres of land to the state to be used to finance internal improvements. State agents selected tracts for this purpose and these were removed from sale at the appropriate land offices. The selections sometimes conflicted with preemption claims of settlers. In 1862 the right of preemption was extended to settlers on unsurveyed lands in all states and territories. The preemption act was repealed in 1891. GRADUATION The Graduation Act of August 3, 1854 reduced the price on land which had been available for sale for ten or more years except mineral land and lands reserved for railroads and canals. TIME ON MARKET/PRICE PER ACRE 10-15 yrs./$1.00 15-20 yrs./ .75 20-25 yrs./ .50 25-30 yrs./ .25 30 yrs. / .12 ½ (1 bit) The act took effect from the date of passage. Settlers could preempt the land on which they had settled, and if they had resided on the land for a time and not purchased it before it was entitled to a further reduction they could file a declaratory statement and take up to eleven months to pay. An affidavit was required to indicate the land was intended for his own use or for use of an adjoining farm owned by him and that he had not acquired more than 320 acres under the act. HOMESTEAD In addition to the description provided from the BLM site, Mr. Beahan gives the following info regarding the Homestead Act of 1862. Upon payment of the fees and commissions the receiver issued a receipt, logged the entry and reported to the General Land Office. The settler was allowed six months after the original application before he was required to live on the land. He was required to settle and cultivate for a continuous period of five years and then, or within two years thereafter, upon proof to the land officers and payment to the receiver, the register would issue a final certificate and make a return to the General Land Office from which a patent or complete title would be issued. Total fees and commissions on 160 acres of $1.25/acre land were $18.00; on 80 acres, $9.00; and on 40 acres, $7.00. If the homestead settler did not wish to remain on his tract for five years, he could pay for it with cash or warrants, make proof of settlement and cultivation for a period of not less than six months from the date of entry to the time of payment and be granted a patent. After 1872, Civil War veterans were permitted to deduct time spent in military service from the homestead requirement, but had to reside on the land a minimum of one full year. Under provision of admission to statehood, section 16 in each township was reserved to the state for the use of schools. The other acts having the greatest effect on land in Lawrence county included the several railroad land grants.