, 1858-07-30

under which presumption claims are taken in
this Territory
An Acr to appropriate the proceeds Of the sales
Of the public lands, and to grant pre-emption
rights:
SEC. 10. Ind be IL further enacted, That from
and after the passage of this act every person,
being the head of family, or widow, or single
man over the age Of twenty-one years, and being
citizen Of the United States, or having filed his
declaration Of intention to become a citizen as
required by the naturalization laws, who, since
the first day of June, AID. lS40 has made, or
shall hereafter make, a settlement in person on
the public lands to which the Indian title had
been, at the time Of such settlement, extinguished
and which has been, or shall have been, surveyed
prior thereto, and who shall inhabit and improve
the same, and who has or shall erect dwelling
thereon, shall be and is hereby authorized to en-.
ter with the Register Of the Land Office for the
district in which such land may lie, by legal
subdivisions, any number Of acres not exceeding
one hundred and sixty, or quarter section Of
land, to include the residence Of such claimant,
upon paying to the United States the minimum
price Of such land, subject, however, to the fol-
lowing limitations and exceptions: No person
shall be entitled 10 more than one pre-emptive
right by virtue Of this act; no person who is the
proprietor Of three hundred and twenty acres of
land in any State or Territory Of the United States
and no person rho shall quit or abandon his re-
sidence on his own land to reside on the public
land in the same State or Territory, shall acquire
any right Of presumption under this act no lands
included in any reservation, by any treaty, law
or proclamation Of the President Of the United
States, or reserved for salines or for other pur-
poses; no lands reserved for the support Of
schools, nor the land acquired by
fauxy1 IndiaV IN VNhiNh kha Astlo kae
been or may be extinguished by the United States
ct any time during the operation Of this act;
and no lands on which are situated
any known salines or mines.
SEC. IL. And bed further enacted, That when
two or more persons shall have settled on the
same quarter section of land, the right Of pre-
emption shall DO in him or her who made the
first settlement provided such person shall con-
form to the other provisions of this act; and all
questions as to the right Of pre-emption arising
between different settlers shall be settled by the
Register end Receiver Of the district within which
the land is situated, subject TO an appeal to and
revision by the Secretary Of the Treasury [In-
teriorl Of the United States.
SEc. 12. And BE- 10 further enacted, That prior
to any entries being made under and by virtue Of
the provisions Of this act proof o the settlement
and improvement thereby required shall be made
to the satisfaction Of the Register and Receiver
Of the land district in which such land nav lie.
agreeably to such rules as shall be prescribed by
the Secretary Of the Treasury, [Interiorl who
shall each be entitled to receive fifty cents from
each applicant for his services to be rendered as
Aforesaid; Snd all assignments and transfers Of
the right hereby secured prior 10 the issuing Of
the patent shall be null and void.
SEC Is. And BE- 70 further enacted, That before
any person claiming the benefit Of this act shall
be allowed TO enter such land, he or she shall
make oath before the Receiver or Register Of the
land district in which the land is situated, (who
are hereby authorized to administer the same)
that he or she has never had the benefit Of any
right Of pre-emption under this act; that he or
che 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 specu-
lntion but in good faith to appropriate It to his
or her own exclusive use or benefit; and that he
or she has not directly or indirectly, made any
agreement or contract In any way or manner,
with any person or persons whatsoever, BY which
the title which ho or she might acquire from the
government Of the United States should inure in
whole OF in part to the benefit Of any person ex-
cept himself or herself; and Il any person taking
such oath shall swear falsely in the premises, he
or she shall be subject to al the pains and PEN
nltiea Of perjury, and shall forfeit The money which
he Or she may have paid for said land, and ali
right and title to the same; and any grant or
conveyance which hc or she may have made,
except In the hands Of bona fide purchasers. Ior
4 valuable consideration, shall be null and void.
And i shall be the duty Of the officer administer.
ing such oath 10 file certificate thereof in the
public land Office Of such district, and 10 transmit
. duplicate copy TO the General Land Office:
either Of which shall be good and sufficient evi.
dsnce that such oath was administered according
10 law. - ". .,s.i -. -..sss aa.s -,Ir.a. 81
SIC IL. Ahd b 4 further enacted That this
act shall not delay the sale Of any Of the public
lands Of the United States beyond the time which
has been or may be appointed by the proclama-
ton Of the President; nor shall the provisions Of
this act beavaiable to any person or persons who
shall al % make proof and payment and file the
ahdaEit required before the day appointed for
the commencement Of the sales Aforesaid
6nc. 10. And Be u further enacted, That when-
ever any person has settled or shah settle and
improve 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 ailer the passage Of the same, and
IN the last within thirty days next after the date
Of such settlement, file with the Register Of the
Iproper district written statement describing the
lands settled upon, and declaring the intention Of
such person TO claim the same under the provi-
sions Of this act; and shall, where such settle
mont Is already made, within twelve months after
the passage Of this act and when Il shall hereaf.
ter be made, within the same period after the date
Of such settlement, make the proof aiIldayit and
payment herein required; and Il he or she shall
hil 10 fle such written statement as Aforesaid.
and make such afijavit, proof and payment.
within the twelve months Aforesaid, the tract oi
land 50 settled and improved shall BE- subject to
The entry Of any other purchaser.
: Approved September 4, 1e4l.