Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1837-03-08

II may pass the House without material altera-
ton.
AN ACT
''To prohibit the sale Of public lands, except TO
actual settlers, in limited quantities, and for
other purposes"
Be il enacted By the Senate and House of
Representatives., That, from and after the pas
sage of this act, all sales ofthe public lands shall
be governed by such provisions of any existing
laws as are not inconsistent with the restrictions
hereinafter prescribed.
SEC. 2. And be it further enacted, That,
hereafter, no person shall be permitted to pnr-
chase, by entry Or at public auction, more than
two sections of any land of the United States
and before making any entry, hereafter, or bid at
public auction, every applicant to purchase or
enter SHALL before such entry, or at least one day
preceding such bid have filed the affidavit of such
applicant with the register and receiver of the
land district in which the lands sought to be pur-
chased are situate, declaring that said lands are
sought to be purchased by said applicant for the
of such applicant, and not in trust or for the
bcneht OF any other person, nor for the purpose
OF sale or speculation, and that no written or ver-
bal contract has been made by said applicant to
sell, lease, mortgage, or otherwise cucumber said
land, or any part thereof; that said applicant is
at least twentyo years of age, and has not pre-
viously purchased or entered, under the provis-
sons Of this act, any public land, which, with the
quantity then sought to be purchased or entered
would exceed two sections; whereupon, on pay
ment of the purchase money, the receiver, by and
with the consent of the register, endorsed said
affidavit, shall issue receipt to the applicant for
said purchase money.
Sec. 3. And be it further enacted, That if
said applicant shall fail, within five years from the
date of said receipt, to prove, TO the satisfaction
of the register and receiver aforesaid, by theoath
OF at least two competent and disinterested wit
nesses, that said applicant has erected dwelling
house on said land, and cleared and cultivated,
within said period, of five years, at least one tenth
of said land, or has actually resided upon said
land at least one year within said period of five
years, no patent shall be ISSUED for said land and
such failure shall operate as forfeiture of the IT,
tie to the United States, and the purchase money
which has been paid therefor, unless said appli-
cant has died within said period of five years but
on making the proof required by this section,
within said period of five years as aforesaid, or
upon proof, within six years from the date of said
receipt of the death of said applicant within said
period, of five years, to the register and re-
ceiver, patent shall be issued for said land, and
any sale, lease, or mortgage of said land, made
before the emination of the patent, shall be null
and void.
Sec. a. And be it further enacted, That any
applicant who shall prove, to the satisfaction of
the register and receiver by at least two compe-
tent and disinterested witnesses, sworn by and
examined before the register and receiver that said
applicant has, before the first day of December,
eighteen hundred and thirty-six, actually occupi-
ed and resided upon any tract of the public land
that may be hereafter proclaimed for sale at pub
lie auction, by the President of the United States
and cultivated any part of said tract within the
year eighteen hundred and thirty-six, shall be
permitted to purchase, at the price now authori-
zed by law, said land SO occupied and cultivated
by said applicant, to an extent not exceeding
quarter section, embracing the improvements
of said applicant: Provided, said proof is made
to said register and receiver before the commence
ment of any land sale at which said land is pro-
claimed for sale at public auction by the President
of the United States; and where two or more per-
sons occupy the same quarter section, the prefer
cnce, in the purchase thereof under the above
provisions shall be given to the first occupant of
said applicants. And this act shall not be SO con.
strued as to alter the provisions of any existing
laws as regards any lands of the United States
especially occupied by authority, or reserved by
authority of the United States for town lots, lead
mines, salt-sprngs, or other special purposes or
that may be hereafter so occupied or reserved |;
nor shall it be construed to effect any locations
for the purposes of education for the use of salt
springs, or for any other purpose, which have
been or may be made by any State, under exist
ing laws of the United States, nor shall any pre-
emptve or other purchase of any such lands be
permitted by virtue of any provision of this act !;
and all such purchases as may be made in viola
ton of this provision, hereby declared null
and void and it shall be the duty of the Secrcta-
ry of the Treasury, in all cases, before any pre-
emptive or other purchase is permitted by virtue
of this act, to cause all tracts so occupied re-
served, to be first marked by the register and re-
ceiver of the proper land district on the approved
plats of survey of the public lands; shall any
provision of this act be so construed to author
ize the occupancy of any land to which the Indi-
an title has not been extinguished, or to grant
any presumption in virtue of such occupancy, and
no pre-emption right shall accrue, by virtue of
this act, beyond the limits of any State organi-
zed Territory of the Union.
SEC. 5. And be it further enacted, That any
owner of any farm or plantation, may enter any
| adjoining land subject to sale at private entry,
not exceeding in the whole one section, and on
payment Of the purchase-money obtain the receiv-
er's receipt therefor Provided, also, That said
receipt shall not be issued by said receiver with
out previous affidavit made by said applicant
before said register receiver that said land is
sought to be entered for the purpose of charging
the farm or plantation of said applicant and not
for sale or speculation, and that said applicant
has not previously purchased, or entered, under
the provisions of this act, any lands which, with
the quantity then sought to be entered, would ex-
coed two sections, the consent of the register to
the issuing of said receipt being first endorsed on
said affidavit.
| SEC. 6. And be it further enacted, That any
father, or mother after the death of the father,
may enter in the name of each child, and as the
property of such child, one tract of the public
lands subject to entry at private sale. not exceed
ing one section, upon first filing with the register
and receiver Of the proper land district the afida-
Wit of such parent as aforesaid that said entry is
made only for the use of said child, and not for
sale or speculation that said child is at least
twelve and not twenty one years of age, and that
no previous entry has been made in the name OF
said child, which, with the quantity then sought
to be entered would exceed one section that said
parent is a citizen Of the United States and has
not entered any land under the provisions of this
section, which. with the quantity then sought Ia
| be entered, would exceed two sections; where
upon, on payment of the purchase money to the
receiver, receipt shall issue therefor in the name
of the said child, but patent shall issue for said
land until one year after said child has attained
the age CT twenty-one years, and any sale, lease
or mortgage, or contract for the sale, lease, Oh
mortgage of said land, made before the cmanntion
Of the patent shall be null and void.
Sec. T. And be IL further enacted, That here
after, purchases at public auction or private entry
Of the lands of the United States may be made In
subdivisions of quarter quarter sections; but nc
person shall purchase or enter, under any provi.
sion of this act, more than four quarter-quarter
sections not contiguous and adjoining and MI
lands of the United States, sold hereafter, shall
be liable to taxation by State authority, from the
time of the original entry or purchase:
Secs. And be 10 further enacted, That either