Liberty advocate., 1838-07-28
AN ACT
To grant Pre-Emption rights to settlers
on the public lands.


To grant Pre-Emption rights to settler
. on the public lands.
II Be IL enacted by the Senate and House o
t Representatives. Of the United States o
: america in Congress assembled, That eve
q ry actual settler Of the public lands, beins
the head of a family, or over twenty ON,
years ofage, who was in possession and
housekeeper, by personal residence the re
on, at the time Of the passage of this ac
and for four months next preceding, shall
be entitled to all the benefits and privie
ges of an act entitled San act to grant
pre-emption rights to settlers on the pub
lie lands," approved May twenty-ninth,
eighteen hundred and thirty; and the said
act is hereby revived and continued in
force two years; Provided, That where
more than one person may have settled
upon and cultivated any one quarter Sec
ton of land, each Of them shall have an
equal share or interest in the said quarter
section, but shall have no claim, by virtue
of this act, to any other: And proui-
ded, alpayS, That this act shall not be so
construed as to give right of pre- .emption
to any person or persons in consequence
of any settlement or improvement made
before the extinguishment of the Indian
title to the land on which such settlement
or improvement was made, or to lands
lately acquired by treaty with the Miami
tribe Of Indians in the State of Indiana,
of which proclamation was made by the
President of the United States on the twen-
ty-Second day of December, eighteen hun
dred and thirty seven, or to any sections
or fractions of sections Of land included
within the location of any incorporated
town, or to the alternate sections to other
alternate sections, granted to the use of
any canal, rail road, or other public inn
provement on the route of such canal, rail
road, or other public improvement, or to
any portions ofpublc lands, surveyed or
otherwise, which have been actually Sc
lected as sites for cities or towns lotted in
to smaller quantities than eighty acres
and settled upon and occupied for the pur-
poses Of trade, and not of agricultural cul-
tlvation and improvement, or to any land
specially occupied or reserved for town
lots or other purposes, by authority of
the United States: And provided, fur
ther, That nothing herein contained shall
be construed to affect any of the selections
of public lands for the purposes of educa-
ton, the use of salt-springs, or for any
other purpose, which may have been or
may be made by any State under existing
laws Of the United States; but this act
Shall not be so construed as to deprive
those of the benefits of this act who have
inhabited, according to its provisions, GER
tain fractions Of the public lands within
the land district of Palmyra, in the State
of Missouri, which were reserved from
sale in consequence of the surveys of Span
ish and French grants, but are found to be |
without the lines of said grants.
Sec. 2. That, before any person claim
ing the benefit Of this law shall have pa
tent for the land which he may claim, by
having complied with its provisions, he
shall make oath before some person au-
thorized by law to administer the same,
which oath, with the certificate of the per-
son administering it, shall be filed with the
register ofthe proper land Office when the
land is applied for, and by said register
sent to the office of the Commissioner of
public lands, that he entered upon the land
which he claims, in his own right, and ex-
for his own use and benefit; and
hat he has not, directly or indirectly,
made any agreement or contract in any
way or manner with any person or per- !
sons whatever, by which the title which he !
night acquire from the Government ofth
United States inure to the use or benefit !
If any one excepting himself, or to con-
'ey or transfer the said land, or tho title
which ne may acquire to the same, to any
'ther person or persons whatever, at any Z
ubsequent period. And if any such per- G
on claiming the benefit of this law as alore. $
aid, shall swear falsely in the premises, 0
G shall be subject to all the pains and
enalties for perjury, forfeit the money
,hch no may have paid for the land, and
u right and title TO the said land; and any 81
rant or conveyance which he may have c,
lade in pursuance of such agreement or oI
as aforesaid, shall be void, except II