The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1851-02-27
ACTS OF THE THIRTY-FIRsr
CONGRESS OF THE u. S.,

CONGRESS OF THE U. S.,
Pa ssed a the first Session, which was begun and
held ? the City Of Washington, in the District
of Columbia. on Monday, the third day Of De-
csnlber, one thounsand eight hundred and forty
nine. as ,ef aa.fet
Mill ARD FILLMORE, President. WILLIAM
Il. KING, President of the Senate, pro ieni-
pore. HOWELL Conn, Speaker of the House
OF Representatives.. nsTt eI0
CHA 7e.--AN ACT TO create the Office Of Surveyor
q eneral of the Public Lands in Oregon and 10 pro-
vide for the survey, ard to make donations settlers
of the said public lands t5 e3...,.r 9I5.f1
SEC. l. Be it enacted BY The Senate and House
Of r Representatives offhe United States Of dmeri-
ca ia Congress assembled. That Surveyor
Gencral shall be appointed for the Territory Of
Oregon, who shall have the same authority, per-
for sn the same duties respecting the pablo lands
and private land claims in the Territory Of Ore
gon, as vested in and required Of the survey
or Of lands in the United States northwest of the
Ohio, except as hereinafter provided y
SEC. 2. find be ii further enacted, That the
said Surveyor General shall establish his office at
such place within the said Territory as the Presi-
dent Of the United States may from time TO time
direct; he shall be allowed annual salary OF
two thousand FIVE hund ed dollars to be paid quar-
ter yearly, and TO commence at such time US he
shall enter into bond, with competent security, Tor
the faithful discharge Of the duties of his office
There shall be, and hereby is appropriated, the
sum Of four thousand dollars, or as much thereof
as is necessary, for clerk hire in his office; and
the further sum of one thousand dollars per
nun for office rent, fuel books, stationery, and
other incidental expenses Of his office, to be paid
ont Of the appropriation for surveying the public
laads.
SEC. 3. find be II further enacted, That if
in the opinion of the Secretary of the Interior it
be preferable, the surveys in said Territory shall
be made after what is known as the geodetic meth
cd, under such regulations, and npon such terms
as may be provided by the Secretary Of the Inte-
rior or other Department having charge Of the sur
veys Of the public lands, and that said geodetc
surveys shall be followed by Typographical
veys as Congress may from time TO time authorize
and Direct but if the present mode Of survey be
adhered TO, then it shall be the duty Of said sur
veyor 10 cause base lane, and meridian TO be sur
veyed, marked, and established, in the usual
manner, at or near the moath Of Willamette river;
and he shall also cause to be surveyed, in town
ships and sections, in the usual manner; and in
accordance with the laws of the Units d States,
which may be in force, the district Of country ly-
ing between the summit Of the Cascade hloun-
tans and the Pacific Ocean, and south and north
none other than township lines shall be run where
the land is deemed unfit for cultivation. That
deputy surveyor shall charge for any line except
such rs may be actually run and marked, nor for
any line not necessary 20 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. 4. .4ndbe 1t further enacted, Tha; there
shall be, and hereby is, granted to every white
settler or occupant Of. the public lands, American
half breed Indians included above the age Of eigh-
teen years, being citizen Of the United States,
or having made declaration according to law, Of
his intention to become a citizen, or who shall
make such declaration before the first day
OF December, eighteen hundred and fifty one,
now residing in said Territory, who shall be-
come resident thereof, or before the first day
of December, eighteen hundred and fifty, and
who shall have resided upon and cultivated the
same for four consecutive years; and shall other
wise conform 10 the provisions of this act, the
quantity Of one-half section, or three hundred and
twenty of land, if single man, and if
married man, or if he shall become married with
in one year from the first day of December, eigh-
teen hundred and fifty, the quantity Of one section
or SIX hundred and forty acres, one-half to HIM
self and the other half to his wife, to be held BY
her in her own fight and the Surveyor Gen. shall
designate the part enuring TO the husband and
that TO the wife, and enter the the records
of his Office; and in all cases where such married
persons have complied with the provisions of this
act as to cnite them TO the grant as above pro-
vided, whether under the late provisional govern
ment Of Oregon. or since. and either shall have
died before patent issues, the Survivor aud children
or heirs Of the deceased, shall be entitled to The
share or interest Of the deceased in equal proper
tons. except where the deceased shall otherwise
nf hx,f luIx-
cuted according 10 the laws Of Oregon: Prorided,
That no alien shall be entitled to patent to land,
granted by this act until he shall produce to the
Surveyor General Of Oregon, record evidence that
his naturalization as citizen Of the United States
has been completed; but if any alien having made
his declaration of intention to become a citizen of
the U. s. after the passage Of this act, shall die be-
fore his naturalization shall be completed, the
possessory right acquired by him under the pro-
visions Of this act, shall descend to his heirs at
law, pass to his devisees, TO whom, as the case
may be, the patent shall issue: Prorided, further,
That in all cases provided for in this section, the
donation shall embrace the land actually Occu-
pied and cultivated by the settler thereon: Pro-
rided, further, That all future contracts by any
person or persons entitled to the benefit of this
act, for the sale Of the land 20 which he or they
may be entitled under this act before he or they
have received patent therefor, shall be void:
PrOrlQeQ, Jurter, hOrcreT, That tins sc ton
shall not be SO construed as to allow those claim
ing rights under the treaty with Great Britain rea-
tive TO the Oregon Territory, to claim both under
this grant and the treaty, but merely to secure
them the election, and confne them to single
grant Of land.
SEc. S. Ind be it further enacted, That to all white
male citizens of the United States, persons who shall
have made declaration OF intention become SUCH
above the age of twcntyone Years, engratpg to and
settling In said Territory between the first day of De-
cember, eighteen hundred and y and the first day of
December, eighteen hundred and fifty thrce and 10 oil
white male American citizens herenbeore provi-
ded for, becoming oneand.twey years Of age in said
Territory, and settling there between the times last
aforesaid, who shah III other respects comply with
foregoing section and the provisions of this law, there
shall and hereby Is granted the quantity Of quarter
section or one hundred and sixty Of land IL single
man; or ifmarred if he shah become married within
one year from the time OF arriving in said Territory,
within one after becoming twenty years of age
three hundred and twenty half to the husband
designated by the Surveyor General aforesaid Pror
for than donation Of land In said Territory In
his or her right: Prosidea That no mineral lands
shall be located granted under The provisions OF this
SEC. 6. And be IL further snscted That within three
months after the survey has been made or where the
survey has been made before the settlement commenced
then within three months from commencement Of
such settlement, each OF said settlers shall notify the
he HE