The emigrant aid journal of Minnesota. [volume] (Nininger City, Minn. Terr. [i.e. Minn.]) 1856-1858, 1856-12-01


twenyone years. and being citizen Of the United States
or having fled his declaration Of intention to become
citizen, as required by the naturalization laws who since
the first day of June A. d. eighteen hundred and forty,
has made or shall hereafter make settlement in person
on the public lands to which the Indian title had been
the time Of such settlement exnguished and which has
been shall have been surveyed prior thereto and who
shall nhabt and improve the same, and who has shall
erect dwelling thereon shall be- and hereby authorized
to enter with the register of the land Office for the district
in which such land may ie by legal subdivisions any
number of acres not exceeding hundred and sixty
quarter section Of land include the residence of such
claimant upon paying the United States the minimum
price of such land subject, however, to the following
limitations and exceptions: No person shall be entitled
to more than preempve right by virtue of this act
no person who the proprietor Of three hundred and twenty
acres of land in any state territory of the United
States and person who shall quit abandon his resi-
dence his land to reside the public land in the
same state territory shall acquire any right Of pre-
empon under this act lands included in any
ton by any treaty law proclamation Of the President Of
the United States reserved for sanes for other
purposes no knds reserved for the support Of schools
the lands acquired by either of the last treaties with
the Miami tribe Of Indians in the state Of Indiana
which may be acquired of the Wyandot tribe of Indians in
the state Of Oho other Indian reservation to which the
title has been or may be extngushed by the United
States at any time during the operation Of this act; no
sections of lands reserved to the United States alternate to
other sections granted to any Of the States for the con-
struction Of any canal railroad other public improve
men; no sections or fractions Of sections included within
the limits Of any Incorporated town. portions Of the
public lands which have been selected the site for city
or town no parcel lot Of land actually settled and
occupied for the purposes of trade and not agriculture
and no lands on which situated any known salnes
mines shall be liable to entry under and by virtue Of the
provisions of this act ar ~ g- mx
Sec H. Ind Be It further enacted, That when two or
more persons shall have settled the same quarter
section Of land the right Of pre-empton shall be in him
or her who made the first settlement provided such per-
SONS shall conform the other provisions Of this and
all questions to the right Of preempon 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. ..,..l..s .g1s
Sec IL. And be 1t 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 such
lands may e ageeaby such rules shall be prescribed
by the secretary Of the treasury, who shall Zach Be
titled to receive fifty cents from each applicant for his
services to be rendered aoresad and all assignments
and transfers of the right hereby secured prior to the
issuing Of the patent, shall be null and void. ak
Sec 13. And bet further enacted That before anyperscn
claiming the benefit Of this act shall be allowed to enter
such lands he Of she shall make oath the receiver
register of the land district in which the land situated
who are hereby authorized to administer the same that
he or she has had Che benefit of any right Of pre-
empon nnders act; that he she is not the owner
Of three hundred and twenty Of Land n any state
territory Of the United 5tae nor hath he or che seed