, 1852-12-11

SEC 7. And be it further enacted, That
within twelve months after the surveys
have been made, or where the survey has
been made before the settlement, then with
in twelve months from the time the settle
ment was commenced, each person claiming
a donation right under this act, shall prove
to the satisfaction of the Surveyor General,
OF Of such other officer as may be appointed
by law for that purpose, that the settlement
and cultivation required by this act had
been commenced, specifying the time of the
commencement; and at any time after the
expiration Of four years from the date Of
such settlement, whether made under the
laws of Tie late Provisional Goyrnment or
not, shall prove, in like manner, by two dis
interested Witnesses, the fact of continued
residence and cultivation required by the
fourth section Of this act and upon such
proof being made, the Surveyor General, or
other officer appointed by law for that pur-
pose, shall issue certificates, under such
rules and regulations as may be prescribed
by the Commissioner of the General Land
Office, setting forth the facts in the case,
and specifying the land to which the parties
are entitled. And the said Surveyor Cen
eral shall return the proof so taken TO the
Office of the Commissioner Of the General
Land Office, and il the said Commissioner
shall find 80 valid objection thereto, patents
shall issue for the land, according 10 the
certificates aforesaid upon the surrender
thereof.
SEC. s. And be it further enacted, That,
upon the death of any settler before the
expiration Of the four years continued
possession, required by this act, all the rights
Of the deceased under this act, shall descend
10 the heirs at law of such settler, including
the widow, where one is left, in equal parts !;
and proof OF compliance with the conditions
Of this act up 10 the lime of the death of
such settler shall be sufficient TO enGtle
them 10 the patent.
SEC. 0. And be il further enacted,
That no claim to donation right under the
provisions Of this act, upon sections sixteen
or thirty-six shall be valid or allowed, the
the residence and cultivation upon which
the same is founded shall have commenced
afler the survey Of the same nor shall such
claim attach TO any tract or parcel Of land
selected for military post, or within one
mile thereof or TO any other land reserved
for governmental porposos, unless the resi-
dcnce and cultivation thereof shall have
commenced previous 10 the selection or rts-
eryaton Of the same for such pu poses.
SEC. 10. And be il further enacled, That,
there be, and hereby is, grant to the Ter
riiory of Oregon, the quantity Of two town
ships of land in said Territory, west of the
Cascade mountains, and to be selected in
legal subdivisions after The same has been
surveyed by the Legislative Assembly Of said
Territory, in such manner as it may deem
proper, one to be located north and the other
south Of the Columbia river, to aid in the
establishment Of a University in the Ter
ritory Of Oregon, in such manner as the said
Legislative Assembly may direct, the Sc
lection to be approved by the Surveyor
General.
Sec IL. And be il further enacted, That
what is known as the " Oregon City claim"
excepting the Abernethy Island, which is
hereby confirmed TO the legal assigns of
the Willamette milling and trading COM
panies, shall be set apart and be at the dis
posal of the Legislative Assembly, the pro-
ceeds thereof 10 be applied by said Legisla,
tive Assembly, 10 the establishment and en-
dowment of a University, 10 be located at
such place in the Territory as the Legisla-
tive Assembly may designate Provided,
however, That all lots and parts of lots in
said claim, sold or granted by DR.. John
Mclaughlin, previous 10 the fourth day of
March, eighteen hundred and forty-nine,
shall be confirmed 10 thepurchaser or donee,
or their assigns, to be certified to the Com
missioner of the General Land Office by the
Surveyor General, and patents 10 issue on
said certificates as in other cases: Provided,
further, That nothing in this act contained
shall be so construed or executed as in any
way to destroyer effect any rights 10 lard
in said Territory, holden or claimed under
the provision Of the treaty or treaties ex-
isiing between this country and Great Brit
air.
Sec, IL. And be it further enanted, That
all persons claiming land under any provi-
sions of this act, by virtue of settlement and
cultivation commenced subsequent to the
first of December, in the year eighteen
hundred and fifty, shall first make affidavit
before the Surveyor General, who is hereby
authorized to administer all such oaths or
afiImalions, or before some other competent
Office, that the land claimed by them is for
their own use and cultivation; that they
are not acting directly Or indirectly as
agents for or in the employment Of others in
making such claims; and that they have made
no sale Or transfer, or any arrangement or
agreement for any sale, transfer, or aliena-
ton Of the same, or BY which the said land
inure TO the benefit Of any other person.
And all afidayits required by this act shall
be entered or record by the Surveyor Cen
eral in book to be kept by him for that pu
pose and on proof before Court Of comp