The miners' express. (Dubuque, Iowa) 1849-1854, 1854-08-02

required, and fling il with the register, he or she
shall thereuron be- permitted to enter the guam.
ity OF land specified: Provided, horccer, That
u" certificate shall be given or patent issue there.
fer, until the expiration OF hive years from The
cate ii such entry, and until the person or per
soma entitled to the land enered shall have
pad for the same twenty Ave cents pr acre, or
il the lands have been in market more than
Ia. nty years, twelve and halt cent per acre;
and if, at the expiration OF such time. the per-
son making such entry, or, If he be dead, his
wid' W, or, in case OF her death, his heirs de.
visre. or, in case Of widow making such entry
her heirs or dsvsee, in case Of her death, shall
prove by two credible witnesses that he, she, or
they have continued 10 reside upon and cultivate
said land, and still reside upon the same, then,
in snch case, he, she, or they shall be enii't d
10 patent, es in other cases provided FOR by
law: Provided, That all such persons are
specified in the eighth section, and who are now
settled upon lands subject to .nra by this act,
shall b. entitled to is b, m fin up,n he xpira
lion OF FIVE years from tie date Of such settle
menf; find prorided further, In case OF death
of both father and mother, leaving an infant
child or childr n under twenty one years Of age
the ri sht ard zee shall inure To the b. n. Fl, of
said infant child - children, and the executor
or guardian, may, at any time WITHIN two years
after he dra IF The surv wing pare nj, and in
accordance with The laws Of tie State in which
such lands ARE situated sell s'id land and apply
the pr ceeds OF The sale III. reof first for The pay
men of what may be- due for it to The United
ates, ard 'hc residue Tor hr ben, fiji If said IN.
FAINT and no other purpe So; end the purchaser
shall acquire he absolute title by the purchase.
and b. in iies to parent from the u s. And
the benefits Of this and the preceding section
Of this act shall he extended to the settlers on
the public lands in California, upon payment of
one dollar per acre.
Sec. 10. find be 1t further enacted, That the
register Df the land office shall note all such
| applications on the tract noks and plats Of his
cffice, and keep register of all such entries,
and make return thereof TO the General Office,
together with the proof upon which they have
been founded.
SEC IL find be it further enacted, That any
person who may have filed his or her affidavit
Of an intention to settle quarter sec ion If
land, under The pr visions of this act, may at
any time acquire title thereto by paying the full
| graduated price for The same as fixed herein
But no person or persons shall be allowed to
file declaration Of intention 10 settle, for the
purpose Of clair ing the bereft If he provis-
ions OF this act, in regard TO FIVE years actual
s",'lenen', after the State shall Lave purchased
or taken 50 pre-empte., the class in which said
lands lie, under The provisions of this act, IN
less the State, in rrgard to such lands. shall
continue BY an act Of lis legislature the privi-
lcges ht rein granted o the actual settlers ftI
period of FIVE years Prorided, howcrer,
That the lands which may be taken ny purchase
or pre- empi"n by the State, as h rein provided
for the purp's If railroads or canals shall not
he Subject 10 Entry at the price Of the lands as
liked in the ninth sec ion OF this act, unless the
settlement was commenced before the lands
were taken by the State.