, 1854-11-18
General Land OGos, |
August 2S, 1854. I

August 2S, 1854.
GENTLEMEN-Under the provisions of
the lst section of this act, the two years
occupancy and cultivation required by the
LIST section Of the act Of l4th February,
1853, before the claimant will be allowed
to pay for the land, is reduced to one.
This section also withdravs from the ope-
ration Of the donation act all legal sub-di-
visions occupied in whole or in part as
town sites, or land settled upon for the
purposes Of business or trade, and not for
agriculture, whether surveyed or unsur-
veyed This principle was decided by this
Office, and sustained by the Secretary Of
the Interior, on the goth of April last. II,
however, a person settled upon piece Of
land since 9th September, 1850, and
complied with the requirements of that law,
50 as to invest him or her with an ineohate
right to that land, he or she would be en-
titled thereto, though subsequent settlers
built town or village thereon, if the set
tier consummates his right to it under the
act Of 1850. The same rule win apply to
settlers on or prior to 9th September,
1850. when the town or village was built
up after the date Of that act. rl
SEcrIoS repeals that provision Of the
act of 1850, which declares void sall con
tracts for the sale Of the land claimed un-
derlthat act before the issue Of the patent
with the proviso, that, where the patent
shall not have been issued, the Yender shall
have resided four years upon the land
From and af.er the date Of the act, then,
aclaimant q may sell his right to land after
he has resided upon it for four years, or as
soon as the patent issues, though that time
may not have elapsed,
This Office in issuing patents, in virtue
Of the foregoing proviso, cannot recognise
Is valid any assignment, under any circum-
stances, except in cases where the same is
accompanied by satisfactory proof Of fOur
years. residence upon the land by the ven
dor, If the proof Of such continued resi-
deuce be deemed insufficient, no patent car
helisyued 10 the vendor or vendeo. .sF1
sEefios 9. Accompanying thisyou viii
receive printed pamphlets embracing tht
instructions under the presumption act'o
4th September, ls41, extended to lands II
Oregon and Washington Territories will
tblsiaddticn. that by this act unsurveyeC
lands are mHde subject to that privilege
though excluded by that oflls4L. YoI
will be governed by those instructions, ex
cept wherein settlers on uhoaered land ar'
required by the act Of ls4i to Gle the no
tice Of their settlement within three mouth
after the fling Of the pIats with the lant
officers; by dis the time is extended to siT
and except, also, that the fee authorized
to be charged by the 18th section of tht
act t'of lS4l is cut of by the 9th section o
this act.
This section further provides, that " al
persons claiming donations under this act
or the acts to which it is amendatory, shall
in likefmnnner, give notice to the Surveyor
General or other duly authorized officer
of the particular lands claimed as such do
nations within thirty days after being re
quested to do so by such officer; and fail
ing such notice in either case, the claiman
or claimants shall forfeit all right and CLAIM
therstO.D' In order to carry out this pro
vision the Surveyor General will reqnir
the notices Of donation claimants to b