The true Democrat., 1854-08-23

shall be determined by the State to which the remainder of the proceeds of this fund belongs, after its application to the construction and com pletion of said railroad or canal; Provided soso- ever, That the acceptance by the State of the provisions of the third section of this act shall be considered as assent, on its part, to appro- prate the said lands as prescribed in the said thrd section of this act, which shall take effect from It's passage: And promded, t1rther, That no lands shall be included within the operation of this act to which the Indian title has not been eXtinguished,
 SEC z. And De at Jfs,tzer enacted. That this shall Tn no way apply to town or village proper ty, either ln-lots or outlots nor be so construed as to interfere with any pre-emption claim. or to lands reserved for schools, salines. or other purposes, under any existing laws of the Unit ed States, nor to any of the mineral lands of the United States, the lands covered by such pre-emptions or embracing such minerals be- ing hereby expressly excluded from the opera tions of this act. And full power and authori- ty are hereby given to the Secretary of the h. terior to make all needful rules and regulations for fully carrying into effect the several provi- sions of this act. The said Secretary of the Interior is also authorized to fix uniform price, according to some one of the classifcations of this act, upon all the lands of township where different parts of the same have been exposed to sale for different periods of time, according to the respective provisions herein contained: Provaded, hoa0ever, That this provision shall not extend to town or village property, or to sec- tions and special reservations made by the de- partment
 SEC. S. And 6e it further enacted That any frnn ntxrl,1 Al~ or who has arrived at the age of twenty-one years, and is capable of holding lands under the laws of the State in which the lands lie, or Ii they lie in territory then any person whois capable of acquiring pre- emption under the laws of the United States, shall, from and after the passage of this act be entitled to enter one quarter section of vacant and inappropriate ed public lands, and no more, which may, at the time the application is made, be subject to private entry, or a quantity equal thereto, to be located in body, in conformity with the legal subdivision of the public lands: Provided, That lands ceded by any Indian treaty stpulating for the payment to such Indians of the nett proceeds of the sales of the ceded lands, shall not be subject to the operations of this act, ex- cept at the graduated prices therefor.
 SEC. 9. And be at turtaer e,1acted That the person applying for the benefit of the eighth section of this act shall, upon application to the register of the land office in which he or she is about to make such entry, make affidavit before the said register that he or she is the head of family, or is twenty -one years of age, and that such application is made for his or her ] exclusive use and benefit, and those specially mentioned herein, and not either directly or in- directly for the use or benefit of any other per son or persons whomsoever; and upon making the affidavit as herein required, and filing it with the register, he or she shall thereupon be permitted to enter the quantity of land speci- fled: P1ouldel, hoWeyer, That no certificate shall be given or patent issued therefor until the ex- piration of five years from the date of such entry, and until the person or persons entitled to the land so entered shall have paid for the same twenty-five cents per acre, or if the lands have been in market more than twenty years, twelve and a half cents per acre: and if, at the expiration of such time, the person making such entry, or, if he be dead his widow, or in case of death, his heirs or devisee, or in case of widow making such entry, her heirs or devlsee, Tn case of her death, shall prove by two credible witnesses that he, she, or they, have continued to reside upon and cultivate sad land, and still reside upon the same, then Ill such case, he, she, or they, shall be entitled to patent, as III other cases provided for by law; And, Prouaael .ttuther, In case of the death oi both father and mother, leaving an infant child or children under twenty-one years of age, the right and the fee shall inure to the be- netit Of said infant child or children, and the eXecutor, administrator, or guardian, may, at any time within two years after the death of the surviving parent, and in accordance with | hD Ilyp 4h,S e. Il
 tor the time being, have their domicile, sell said land and apply the proceeds of the sale thereof tlrSt tor the payment of what may be due 10, It to the United States, and the residue for the
 'eleht ot said infants, and forn other purpose and the purchaser shall acquire the absolute utIe by the purchase, and be entitled to pat ent from the United States
 r SEC. 10. Ant 6e tt .fit7tjaeJ enacted, That the register ot the land office shall note all such applications on the tract books and plats of his office, and keep register of all such entries. and make return thereof to the General Land Office, together with the proof npon which they have been founded.
 person who may have filed his or her affidavit or an intention to settle a quarter section oi land, under the provisions of this act may. at ' "01u1lo 'A.le Ileleto oy paylnS the full graduated price for the same, as fixed here in. but no person or persors shall be allowed to tle declaration of intention to settle. fo, the purpose of claiming the benefit of the pro. visions ot this act, in regard to five years actual settlement, after the State shall have purchased or taken as pre-emptor, the class in which said lands lie, under the provisions of this act, un. less the State, in regard to such lands, shall continue, by an act of its Legislature, the pri. vlleges herein granted to the actual settler for period of five years: Providel, hoaoeuer, That the lands which may be taken by purchase or pre-emption by the State, as herein provided, for the purposes of railroads or canals, shall not De subject to entry at the price of the lands as hxed Tn the ninth section of this act, unless the settlement was commenced before the lands were taken by the State
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