The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-10-04
BY A U THORITY.
Public Acts
Passed during the first session Of The Thirty first
Congress.

-'''" """o "se Jpct ee'e'o" " "e SHUty-yU5
Congress.
tPUBLio-No. 40
AN ACT to create the Office of Surveyor General
of the Public Lands in Oregon, and to provide
for the survey, and to make donations 10 settlers
OF the said public lands.
BE ii enacted by the Senate and HcuseoT Eeuesent
atires Of the tf'ted States Of 1merca in Congress
assembled, That Surveyor General shall be ap-
pointed Tor the Territory OF Oregon who shall have
the same authority, perform the same duties re-
spectng the public lands and private land claims
in the Territory OF Oregon, are vested in and
| required of the surveyor of the lands OF the United
States northwest of the Ohio, except hereinafter
| provided,
SEC. .. lind be it further enacted That the
said Surveyor General shall establish his Office al
such place within the said Territory as the Presi-
dent OF the United States may from time to time
direct; he shall be allowed an annual salary of two
thousand hvc hundred dollars, to be paid quarter
yearly, and to commence at such time as he sa i
enter INTO bond, with competent security, for the
faithful discharge of the duties Of his ofico. There
snail be, and hereby is appropriated the sum of
fosr thousand dollars, as much thereof as is ne
cessary for clerk hire in his office; and the further
sum oi one thousand dollars per annum for office
rent iue books, stationery, and other incidental
expenses OF his ofhce, to be paid out of the appro
priation for surveying the public lands
| SEC. g. And be IL further enacted, That If, in
the opinion OF the Secretary of the Interior il be
preferable. the surveys in said Territory shall be
| made after what is known az the godetc method
| ondcr such regulations, and upon such torns, as
may be provided by the secretary'of the Interior
| or other Department having charge of the surveys
OF the public lands and that said godetic surveys
| shall be followed by Typographical surveys Con-
gress may from time 10 tire authorize and direct;
bot Tie present mode of survey be adhered to, it
Aaall be the duty OF sad surveyor to = base
hnc and meridian TO be surveyed, marked and
| established, in the usual manner. at or hesr the
Willamette river; and ne snail also cause to be
surveyed IN townships and sections in the usual
manner, and in accordance with the laws Of the
| United States which may be in force, the district
! OF country lying between the summit of the Cas-
cade mountains and the Pacific Ocean, and south
and north of the Columbia rver provided, hotoerer
That none other than township lines shall be run
where the land Is deemed unfit for cultivation.
That no deputy surveyor shall charge for any line
except such as may be actually run and Marked
nor tor any line not necessary be run; and that
the whole cost OF surveying shall not exceed the
rate OF eight dollars per mile for every mile and
part OF mile actually surveyed and marked.
SEC. !. Ind be ii further enacted That there
shall be, and hereby is, granted to every settler
or occupant OF the public lands, American halt
breed Indians included, above the ate Of eiph-
teen years, being citizen Of the United States,
or having made a declaration according to law,
OF his intention to become citizen, who
shall make such declaration or before the first
day OF December, eighteen hundred and fifty one,
! now residing in said Territory, or who shall be-
come resident thereof on before the fret day OF
secembers eigh'ees ht,ndred and fifty, and who
shall have resided upon and cultivated the same
iUrIn to the provisions of this act, the quantity OF
one half section three hundred and twenty
oil land II single man, and II a married man, or
il he shall become married within one year from
the hrst day OF December, eighteen hundred and
hity, the quantity of one section hundred
and forty acres, one half To himself, and the other
hall 10 his wife, to be held by her in her right,
and the Surveyor General shall dCs gnate the pal
inuring to the husband and that to the wife, and
enter the spme the records OF his Office, and in
all cases where such married persons have com
piled with the provisions of this act TO entite
Them 10 the grant as above PROVIDED whether under
the late provisional government oi Oregon, since,
and either shall have died before patent issues, the
survivor and children, or hsios, Of the deceased,
shall be entitled To the share or interest Of the de-
ceased In equal proportions, except where the de-
ceased shall otherwise dlspose OF II by testament
duly and properly executed accctdirg 10 the laws
| OF Oregon: Provided, That no alien shall be ent
tied 10 patent To land, granted by this act until
\ he shall produce to the Surveyor General OF Ore
| gon, record evidence that his naturalization az a
citizen of the United States has been completed;
but If any alien having made his declaration Of in
tenton 70 become citizen oi the United States after
the passage of this act shall die before his natural
zatIon shall be completed, the possessory right &C
quired by him under the provisions Of this act shall
descend to his heirs at law, pace 10 his devlsees
! To whom, as the case may Be, the patent small
issue: Pr0pi6td further, That in all cases provided
for in this section, the donation shall embrace the
land actually occupied and cultivated by the set
tier thereon; Provided fuutir, That all future con
ct OF this act for the sale of the land 10 which he
or they may be entitled under this act before he or
they have received patent therefor shall be void:
Provided tper hotceper, That this secon shall not
bc go construed as 20 allow those Ginning posses
| sorry rights under the treaty with Great Britain
relative 10 the Oregon Territory, 20 claim both
under this grant and the treaty but merely TO Sc
cure them the election, and cOnfinc them 30 a sn-
] gle grant OF land.
SIC. 5. And be further enacted, That TO all white
male citizens oil the United States, OF persons who
| shall have made declaration Of intention 20 be-
! come such, above the age of twcnty-ono ycars,
emgrsung TO and settling in sad Territory be.
| tween the hrst day of December, eighteen hundred
and hfy, and the first day OF December, eighteen
hundred and hhy-three, and TO oil white male
American citizens, not hereinbefore provided Tor,
becoming one and twenty years OF age in said Ter
| rtory and settling there between the times last
Aforesaid, who shall in other respects comply with
| the foregoing section and the provisions oil tins
| law, there shall be, and hereby IT, granted the
quantity of one quarter section or one hundred
and sixty acres of land, IL single man; II mar
ried, or if he shall become married wIthln one year
! from the time OF arriving in said Territory, or
within one year after becoming twenty one years
OF age rs Aforesaid then the quantity VI one-hali
| section OF three hundred and twenty acres, one
ball 20 the husband, and the other halt 10 the vile
in her own right, TO be designated by the Surveyor
General as Aforesaid: Pfortdcd, oitodys, That no
person shall ever receive a patent for more than
one donation Of land in said Territory in his or her
own right: Prorided That no mineral lands shall
Oe iONaseu VI granted uDucf the pioNl5lOhs vi Ahih
act.
! SEc 3. And be u further enacted, That within
| three months after the survey has been made, or
where the survey has been mace before the settle
ment commenced, then within three months from
the commencement Of such settlement, each Of said
scttlers shall notify the Surveyor General TO be ap
pointed under this act OF the precise tract tracts
claimed by them respectively under this law, and
IN all cases II shall be in compact form; and where
II IL practicable do the land 80 claimed shall be
taken as nearly practicable by legal sub -divi-
sions, but where that cannot be done shall be the
duty Of the said Surveyor General TO survey and
mark each claim with the boundaries as claimed,
at the request and expense OF tue claimant; the
charge for the in such case not TO exceed the
! price paid for surveying the public lands. The
Surveyor general shall enter description Of such
claims in book be kept by him for that purpose,
and note temporarily on the township piats the
tract or tracts so designated, with the boundaries;
and whenever a conflict OF boundaries shall arise
prior 10 issuing the patent, the same shall be deter
mined by the Surveyor General: Pr0rided, That
after the first December next, all claims sUall be
bounded by lines running east and west, and north
and south: Ind prooided, further, That after the
| survey is made, all claims shall be made in con-
iormity 20 the same, and in compact form.
SEC. I. -1nd BE- Il further enacied, That within
| twelve months after the surveys have been made,
II