Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-07-27
Twenty-dlfth Gongress---2d sess
PRE-EMPTlON LAW -,
AN ACT to grant presumption rights 10 se'e'' on ''

AN ACT to grant prescription rights 10 se''e'' vi ''
public lands + p.-u,.,,,,
tires Of Me United States Of lmeriea IN Congress assem-
J that every actual settler of The public ands, oehg
the he ad of family, over twenty one Yeas u ose
who was in possession and hnnsekeeper ny P'iso"u'
residence thereon, at the tine oil .'ie pELo VI -,
and for four months next preceding shall De eneo 10
nil the benefits and privileges oil an act eh'teo AN ac'
to grant pre.emp,iun rights 10 setlels on Inc PupG
lands" approved May twenty nnth, eighteen huhufeu
and thirty and the said act Is hereoy revived anu o"H
timed in force two years: Provided, That where more
than one psrson NAV have selted upon and cultivated
any one quarter section Of land, each ot them sIa nave
an equal share interest in the SAID quarter secl"n pu
shall have claim by virtue OF 'h,S act, '" s 80, b
land 9ud prorded al,cayS. That this net shall no' De
so construed as 10 give right Of pre- caption 10 any per-
son or persons in consequence OF any settlement or m
mt made before the eGnguslnento OF inc ihuah
title to the land on which such settlement o,
was made or 10 The lands lately acquired by treaty with
the Miami tribe Of Indians, in The State OF Indiana OF
which PROCLAMATION was made by the President o: Tie
United States on the 22d duy ofDecember eighteen hun
dred and thirty seven, TO any sections or iracons o.
sections Of land included within Tie location oil any IN
corporaed town. or to the alternate sections or TO other
alternate sections granted 10 the use OF any canal, Ial
road, other public Improvement orto any Porlohs OF
public lands, surveyed or otherwise, "h'ch nave oeeh
actually selected sites for cities or towns, olteo INFO
smaller quantities than eighty acres and settled upon
and occupied for the purposes OF irade, ana no. o.
AGRICULTURAL cultivation and improvement or TO any aho
specially occupied or reserved tor town lois OF ote'
purposes BY authority OF the u g. ina Pror'asa J"r
tbsr That nothing herein contained shall be construed
10 affect any of the selections OF public lands Tor pu''
noses of education the OF salt springs or tor any
other purpose which may have been or may De made ny
any State under existing laws Of the United States;
but this act shall be construed as to deprive those
Of the benefits of this act who have Inhabited accord
ing its provisions, certain iracons Oi the pnbc iats
within the land district Of Palmyra, IN the Stale OF His.
souri, which were reserved from sale in consequence Of
the surveys of Spanish md French grants but are tound
TO be without the lines of said grants that before any
person claiming the benet, Of this aw shall have pa
tent for the land which he aim, by having complied
with its provisions he shall MAKE oalh before some per-
son authorized By law TO administer the same, which
oath with the certificate Of the person administering H.
shall be filed with The register o The proper and Office
when the land is applied for and by said register sent 10
the Office OF the commissioner of public lands, that he
entered upon the land which he claims in his own right,
and exclusively for his and benefit and That ne
has rot directly Indirectly, made any agreement OF
contract in any way or manner with any person or per-
sons whatever, by which the title which, he might &C
CURE from the Government OF The United States should
enurc to the use or benefit OF any except himself Or
convey transfer the said land or the title which he
may acquire 10 the same to any other person or persons
whatever at any subsequent lime; and u such person,
claiming the benefit Of this law, aforesaid Shall swear
falsely in the premises, he shall be subject TO all the
pains and penalties for per Jury, forfeit The money which
he may have paid for the land and oil right and Title TO
the said land and any grant conveyance which he may
MADE pursuance oil SuCn UT
as aforesaid shall he void except in the hands OF Pur.
chaser in good faith 70. valuable consideration without
notice. And the certificate which shall be filed with
The commissioner aforesaid sha be taken 10 he con-
elusive evidence that the oath legally administered:
find preceded further That it shall be the duty of ihe
President of the United States 10 cause TO be reserved
from sale entry under the provisions OF this or any
other law OF the u SIaes any tract or tracts OF land
reserved any Choctaw, under the provisions Of Dan
cling Rabbit Creek, Of thousand eight hundred and
thirty and also TO from sale entry, sufficient
quantity Of the lands acquired by said treaty, upon
which no such settlement or improvement has been
made as would enlitle the settler npTover 10 right
Of pre- emplion under this act, 10 satisfy the claims OF
such Indians may have been entitled To reservations
under the said treaty, and whose lands may have been
sold by the United States on account oil any default,
neglect or omission Of duty the part OF any officer
Of The United States such reservation from sale 10 con-
tnue until the clas reservations under said treaty.
shall be investigated by the hoard of commissioners APP
pointed for that purpose and their report finally acted
on by Congress. o.c,
Tiee President Of the United STATES, and
President Of the Senate.
JAMES Is POLK,
Speaker of Tie House # Representatives.
APPROVED June 22d, lc3S.