The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-03-09
PUBLIc-No. 35.1

cation oil said harbor
Approved March Sd, l843.
PUBLIC-No. 35.
AN ACT to authorize the investigation of alleged
frauds under the presumption laws, and for other
purposes
Be enacted by the Senate and House of Representa-
tires Of the United States Of .4merea Congress
bled, That the Commissioner of the General Land
Office be, and he Hereby is, authorized to appoint
competent agent, whose duty it shall be- under drcc-
ton OF said Commissioner 10 investigate, upon oath,
the cases Of fraud under the presumption laws al
legged to exist in the Columbus land district, in the
State Of Mississippi, referred to in the late annual
report OF said Commissioner communicated 70 Con-
gress by letter Of the Secretary Of the Treasury,
dated December the fifteenth, thousand eight
hundred and fortytwo and that such agent shall ex
anime all witnesses who may be brought before him
by the individual individuals alleging the fraud as
well as those witnesses who may be produced by the
parties in interest," to sustain said claims and hat he
be, and is hereby, invested with power to administer
to such witnesses oath to speak the truth in re-
gard to any question which may be deemed necessary
to the full examination of the cases alleged to be
fraudulent and such testimony shall be reduced to
writing, and subscribed by each witness, and the
same returned to the Commissioner with the opinion
Of said agent on each claim and any Witness cx-
amined before the said agent who shall false
in regard TO any matter thing touching such
animation, shall be subject, conviction, all the
pains and penalties Of perjury and it shall be the
duty of the COMMISSIONER to decide the cases thus
returned and finally to settle the matter in contro-
very, subject alone to an appeal TO the Secretary Of
the Treasury Proridsd, That the power conferred
by this section upon such agent is hereby limited to
the term of year from and after the date Of this
act and the compensation to be paid to said agent
shall not exceed three dollars per day for each day
he may be necessarily engaged in the performance Of
the duties required by this section.
Sec. 2. HID be further enacted, That in any case,
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of the presumption laws shall have died before con.
summating his claim, by filing, in due time, all the
papers essential 10 the establishment of the same
shall be competent for the executor administrator
Of the estate OF such party, Of the heirs, to
file the necessary papers TO complete the Pro-
rsded, That the entry In such shall be made in
favor OF " the heirs" Of the deceased pre-emptor,
and patent thereon shall iuse the title to nure
to said heirs as If their names had been specially
mentioned.
on section sixteen, reserved for the use of schools
on other reserves or land covered by private claims
OF others, which was not surveyed at the time of
such settlement, and who shall otherwise come with
IN The provisions OF the several pre-empton laws in
force at the time Of the settlement upon proof there
Of before the register Of the proper land Office shall
be entitled to enter, at the minimum price any other
quarter section or fractional section, fractional
quarter section, IN the land district in which such
school section reserve or private claim may lie no
not to exceed hundred and sixty acres not
served from sale, or in the occupancy Of any actual
bona ide settler Proridsd such settlement was made
before the date OF the act Of fourth September
eighteen hundred and fory-onc and after the cXtin-
guishment Of the Indian title.
Sec. 4 ind be further e,aaeed That where an in
diyidual has filed under the late pre- .emption law his
declaration Of intention TO claim the benefits OF said
Law for one tract of land, 1t shall not be lawful for
the same individual, at any future time, to file
coDd declaration for another tract.
Sec. p. find be N fiyfLx That -
under the late presumption law for land yet pro-
claimed Tor sale, are requ red to make known their
claims, IN writing, TO the register Of the proper land
Office, within three months from the date of this act
when the settlement has been already made, and
within three months from he time of the settlement
when such settlement shall hereafter be made Civ
ing the designation Of the tract and the time Of set
tlemen otherwise his claim 10 be forfeited and the
tract awarded TO the next settler In the order Of
time on the same tract Of land who shall have given
such notice and otherwise complied with the condi-
tons of the law.
Sec. 6. find be IL further enaofed That whenever
the vacancy Of the Office either Of register or re-
ceiycr, or Of both, shall render il impossible for the
claimant to comply with any QUESTION Of any Of the
lprc-cmp,ion laws within the appointed time such
vacancy shall not operate TO the detriment Of the
party claiming, IN respect TO any matter essential to
the establishment of his claim Prorided, That such
rcquisi'on Is complied with within the period
after the disability is removed would have been
allowed him had such disability not existed
Sec. Ind be further enacted, That where set
tier on the pubic lands may reside on quarter
ton, fraction quarter section, fraction Of sec.
ton less than hundred and sixty acres and cult
vate land any other and different Of either Of
the descriptions aforesaid he she shall be entitled
under the act OF June twenty-five, one thousand
eight hundred and thiriyeght, TO the same privileges
OF choice between two legal subdivisions Of each
to include his or her house and farm, not 10
coed hundred and sixty acres in ALL as is grant
ed by the first section Of that act to settlers residing
I, on quarter section, and oultivang another and
different quarter
Sec. g. find be u further enacted, That where two
or persons arc residing any OF the species Of
tracts specified in section seven Of this act as re-
qured BY the acts OF III. twenty second of June one
thousand eight hundred and thirtyeght and first Of
June, ono thousand eight hundred and forty and any
one moro Of said settlers may have cultivat land
during the period Of residence required by either OF
said acts on another and Different tract or other and
different tracts the latter mentioned settlers shall
be entitled to the option Of entering the tract lived
on. Jointly with the other Others, or OF abandoning
the tract lived on to those who have not cultivated
a land above reiuied, and entering the tract or