Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1841-09-28


abandon his residence on his own land TO
reside on the public land in the same state
or territory, shall acquire any right of pre-
emptlon under this act; no lands included
IN any reservation, by any treaty, law, or
proclamation Of the President of the United
States, or reserved for salines, or for other
purposes; no lands reserved for the sup
port of schools, nor the lands acquired by
either of the two last treaties with the Mi
ami tribe Of Indians in the state of Indiana,
or which may be acquired of the Wyandot
tribe Of Indians in the state Of Ohio, or 9TH
err Indian reservations to which the title
has been or may be cXtinguished by the
United States at any time during the ope-
ration OF this act; no sections Of land re-
served TO the U. States alternate to other
sections granted to any of the states for the
construction of any canal, railroad, or 9TH
er public improvement; no sections or
fractions of sections included within the
limits Of any incorporated town; no por-
tons of the public lands which have been
selected Us the site for city or town; no
parcel or lot of land actually settled and
occupied for the purposes of trade and not
agriculture and no lands on which are
situated any known salines or mines, shall
be Liable to entry under and by virtue of
the provisions of this act, And so much
of the proviso Of the twenty-second Of June
eighteen hundred and thirty-eight, or any
order Of the President Of the U. States, as
directs certain reservations to be made in
favor OF certain claims underline treaty Of
Dancing Rabbit creek be, and the same is
hereby repealed: Provided, That such re-
peal shall not affect any title to any tract
of land secured in virtue of said treaty.
SEC. III. And beitturtAer enacted, That
when two or more persons shall have set
tied on the same quarter section of land,
the right Of presumption shall be in him or
he's who made the first settlement, provided
such persons shall conform to the other
provisions Of this act; and all questions as
to the right Of presumption arising between
different settlers shall be settled by the re-
gister and receiver Of the district within
which the land is situated, subject to an
appeal to and a revision by the Secretary
of the Treasury Of the United states
BE 1t further enacted, That prior to any
entries being made under and by virtue of
the provisions Of this act, proof Of the set
Element and Improvement the reby required
shall be made 10 the satisfaction Of the re-
gser and receiver Of the land district in
which such lands may lie, agreeably to
such rules as shall be prescribed by the Sc
cretary of the Treasury, who shall each be
entitled 10 receive fifty cents from each ap-
plcant for his services to be rendered as
aforesaid; anda assignments and transfer
Of the right hereby secured prior to the is
suing Of the patent shall be null and void.
SEC. ID. BE it further enacted, That be-
fore any person claiming the bencfi, Of this
act shall be allowed to enter such lands,
he or she shall make oath before the rccei-
vcr or register of the land district in which
the land IS situated, (who are hereby au-
thorlsed TO administer the same, that he or
she has never had the benefit of any right
Of pre-emption under this act; that he or
she is not the owner of three hundred and
twenty acres of land in any state or terri
tory Of the United States, nor hath he or
she settled upon and improved said land TO
sell the same on speculation, but in good
faith to appropriate it to his or her own ex-
elusive use or benefit; and that he or she
has not directly or indirectly, made any
agreement or contract, in any way or man
ner, with any person or persons whatsoe-
yer, by which the title which he or she
might acquire from the government Of the
United States should enure, in whole or in
part to the benefit of any person except
himself or herself; and if any person ia
king such oath shall swear falsely in the
premises, he or she shall be subject to all
the pains and penalties Of perjury, and shall
forfeit the money which he or she may
have paid for said land, and all right and
title to the same; and any grant or convey
ance which he or she may have made, ex-
cept in the hands Of bona-ide purchasers,
for valuable consideration, shall be null
and void. And it shall be the duty Of the
officer administering such oath to file GER
tificate thereof in the public land office of
such district, and to transmit duplicate
copy to the General Land Office, either of
which shall be good and sufficient evidence
that such oath was administered according
to law.
SEC. Ii. Be it further enacted, That
this act shall not delay the sale of any of the
public lands of the United States between
the time which has been or may be, APP
pointed by the proclamation of the Presl-
dent, nor shall the provisions of this act
be available TO any person or persons who
shall fail 10 make the proof and payment,
and file the affidavit required before the
day appointed for the commencement OF
the sales as aforesaid.
Sec. Is. Be 1t further enacted, That
whenever any person has settled or shall
settle and improve tract of land, subject
at the time OF entry to private entry, and
shall intend to purchase the same under the
provisions of this act, such person shall in
the irst case, within three months after the
passage of the same. and in the last within