Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1838-07-18
THE PRE.EMpTloN LAW.
AN ACT TO grant presumption rights TO
ncnnl settlers ON the public lands.

IN All 10 gram pfe-ciilPuoh i'Shls ~
actual settlers on the public lands.
BE II enacted BIZ The Senate and House
# Representatives of thc United States Of
America in Congress Assembled, That
,yery actual settler of the public lands, be.
nr the head of family, or over twenty
,ne years Of age, who was in possession
md house keeper, by personal residence
thereon, at the time of the passage Of this
act and for four months next preceding !
shall be entitled TO all the benefits and
privileges of an act entitled An act to
grant pre.empiion rights to the settlers on
the public lands," approved May twenty.
ninth, eighteen hundred and thirty; anu
tho said act is hereby revived and contlnu-
ed in force two years: PROVIDED, mat
when more than one person may have
settled upon and cultivated any one quar-
ter section of land, each OF thom shall have
an equal share or interest in the said quar-
ter section, but shall have no claim by vir-
tue Of this act to any other land: ana,
provided al,cays, That this act shall not be
so construed rs 10 give right OF prc-emp-
ton TO any person or persons IN conse-
queuce Of any settlement or improvement
made before the cxtinguishment of tho In
dian title to the land on which such settle
mcnt or Improvement was made or to tho
land lately acquired by treaty with tho MI
ami tribe Of Indians i'll the state of Indiana,
of which proclamation was made by the
President of the United States, on the 22d
day of December, eighteen hundred and
thirty. seven, or TO any sections or fractions
of sections of land, included within the To-
cation of any Incorporated town, or TO the
alternate sections Of other sections, granted
to tho use Of any canal, railroad, or other
public improvement on the route OF such
canal, rai.road, or other public improve.
mcnt, or to any portions of public lands,
surveyed or otherwise, which have been
actually settled as sites for cities or towns
lotted into smaller quantities than eighty
acres, and settled upon and occupied for
the purpose of trade, and not of ogricultu-
raj cultivation and improvement, to any
land specially occupied or reserved for
town lots or other purposes, by authority oil
the United States And, provided further
That nothing herein contained shall be con-
struod to affect any of the selections Of
public lands for the purposes of education
the use of salt springs, or for any other pur
pose, which may have been or may be
made by any state undor existing laws o
the United States; but this ae; shall not bt
so construed as TO deprive those Of the ben
eft Of this act who have inhabited accor
ding to its provisions, certain fractions o
tho public lands within tho land district o
Palmyra, in the state Of Missouri, which
: were reserved from sale in consequence o
the surveys of Spanish and French grants
; but are found to be without the lines Of sal
,, grants.
Sec. 2. That before any person Claim
ing the benefit of this law shall have pat
I. ent for the land which he may claim, b
having complied with its provisions, nc siiu
|. make oath before some person authorize
: by law to administer the same, which oatl
with the certificate of the person admins
tering il, shall be filed with the register {
: the proper land office when the land is az
!, piled for, and by said register sent TO tn
office Of the Commissioners of Public Land
. that it be entered upon tho lands which h
:, claims, in his own right, and exclusively f
y his own use and benefit; and that no hu
. not directly or indirectly, made any agree
y mont or contract in any way or mannc
: with any person or persons whatever,
;. which the tito which he might acquiI
= from the government of the United State
y shall inure TO the use or benefit Of an
!. one except himself, or to convey or trans
I" fer the said land, or the title which he ma
y acquire TO the same, TO any other person
!. whatever, at any subsequent time. Ar
= if any such person claiming the benefit
i this law as aforesaid, shall swear falsely
the premises, no shall be subject to all Il
|" pains and penalties Of perjury, forfeit Il
> money which he may have paid for Il
land, and all right and title TO the said land
. and any grant or conveyance which
may havo made in pursuance of such
grecment or contract shall be void, exec
! in the hands Of purchaser in good fait
: for valuable consideration, without n
= tice: and the certificate which shall
filed with the Commissioner as aforcsai
shall be taken TO be conclusive eviden,
Is that the oath was legally administered
Is hfin PfOOmcU JW|tCf, nat u SiIaii NC u
ID duty of the President of the United State
@. to cause 10 be reserved from sale or cntr
NJ under this or any other law of tho Unit,
n. States, any tract or tracts of land reserve
D. to any Choctaw, under the provisions
tho treaty ofDancing Rabbit Creek, of OIL
m thousand eight hundred and thirty; al
~ also to reserve from salc or entry SUI
q. cicnt quantity Of the lands acquired by SO
On treaty, upon which no such settlement
I'd improvement has been made, as would G
vo title the settler or improvcr to a right
tic presumption under this act, to satisfy {
claims Of such Indians as may have be
IN entitled TO reservations under tho said ire
; ty, and whose lands may have been SC
A by the United States on account Of any {
ke fault, neglect, or omission of duty of a
be officer of the United States. Such res,
Ii. walton from sale TO continue until tho cla
n, 10 reservation under soid trootv ehau