The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-10-26

lines, or for other purposes; no lands reserved
for the support of schools, nor the lands acquir-
ed by either of the two last treaties with the
Miami tribe of Indians in the State of Indiana,
or which may be acquired Of the Wyandot
tribe of Indians in the State of Ohio or other
Indian reservation to which the title has been
or may be exsinguished by the United States
at any time during the operation of this act
no sections of land reserved to the United
States alternate to other sections granted to
any of the States for the construction Of any
canal, railroad, or other public improvement;
no sections or fractions of sections included
within the limits of any Incorporated town
no portions of the public lands which have
been selected as the site for city or town
no parcel or lot of land actually settled and
occupied for the purposes Of trade and not agri-
culture and no lands on which are situated
any known salines or mines shall be liable to
entry under and by virtue of the provisions of
this act And 90 much of the proviso of tho
act of twenty-second Of June, eighteen hundred
and thirty. eight, or any order of the President
of the United States, as directs certain reserva-
tions to be made in favor Of certain claims un-
der the treaty of Dancing Rabbit creek, be, and
the same is hereby, repealed: Provided, That
such repeal shall not affect any title to any
Sec. IL. And be 1t further enacted, That
when two or more persons shall have settled
on the same quarter section of land, the right
Of pre-emption shall be in him or her who
made the first settlement, provided such per-
sons shall conform TO the other provisions of
this act and oil questions as to the right OF
pre- amption arising between different settlers
shall be settled by the register and receiver Of
the district within which the land is situated,
subject to an appeal to and revision by the
Secretary of the Treasury of the United States.
SEC. H. And be it further enacted, That
prior to any entries being made under and by
virtue of the provisions of this act, proof of the
settlement and Improvement thereby required
shall be made to the satisfaction of the register
and receiver of the land district in which suoh
lands may lie, sgreeably to such rules as shall
be prescribed by the Secretary of the Treasu-
~, who shall each be entitled to receive fifty
cents from each applicant for his services, TO
be rendered as aforesaid and all assignments
and transfers of the right hereby secured, pri-
Or to the issuing of the patent, shall be null
and void
Sec. 10. And be 1t further enacted, That be-
fore any person claiming the benefit of this act
shall be allowed to enter such lands, he or she
sh ell mako oath before the receiver or register
ted (who are hereby authorized to administer
the same) that he or she has never had the
benefit of any right of presumption under this
act; that he or she is not the owner of three
hundred and twenty acres of land in any State
or Territory of the United States, nor hath he
or she settled upon and improved said land to
sell the same On speculation, but in good faith
to appropriate it to his or her own exclusive
use or benefit; and that he or she has not, d.
rectly or indirectly, made any agreement or
contract in any way or manner, with any per-
son or persons whatsoever, by which the title
which he or she might acquire from the Gov
eminent of the United States, should enure. in
whole or in part, to the benefit of any person
except himself or herself; and if any person
taking such oath shall swear falsely in the
premises, he or she shall be subject to all the
pains and penalties Of perjury, and shall forfeit
the money which he or she may have paid for
said land, and sll right and title to the same;
and any grant or conveyance which he or she
may have made, except in the hands of bona
fde purchasers, for q valuable consideration,
shall be null and void. And it shall be the
duty of the officer administering such oath, to
file certificate thereof in the public land Of
fee of such district, and to transmit dupli-
cate copy to tho General Land Office, either of
which shall be good and sufficient evidence
that such oath was administered according to
law.
Sec. ii. And be 1T further enacted, That this
act shall not delay the sale of any Of tho pub
lie lands of the United States beyond the time
which has been, or may be, appointed by tho
proclamation Of the President, nor shall the
provisions of this act be available to any per-
son or persons who shall fail to make the proof
and payment, and file the aft iavit required be-
fore the day appointed for the commencement
of the sales as aforesaid.
Sec. Is. And be 1T further enacted, That when
ever any person has settled or shall settle and
improve o tract of land, subject at the time of
settlement to private entry, and shall intend to
purchase the same under the provisions of this
act, such person shall in the first case, within
three months after the passage of the same,
and in the last within thirty days next after
the date Of such settlement file with the regis
ter of the proper district written statement
the land settled upon, ard declaring
the intention of such person to claim the same
under the provisions of this act; and shall,
where such settlement is already made, within
twelve months after the passage of this act,
and where it shall hereafter bs made, within
the same period after the date of such SETTLE
n,ent, make the proof, aft iavit and payment,
herein required; and if be or she shall fail to
file such written statement Aforesaid, or shall
fail to make such affidavit, proof, and payment,
within the twelve months aforesaid, the tract
of land SO settled and improved shall be subject
to the entry of any other purchaser.
Approved, Sept. 4, ls41.