, 1858-07-23

this Territory -
As Acr to appropriate the proceeds Of the sales
Of the public lands, and to grant lrc cmption
rights:
SEc. 10. AHdJ Il FURTHER Cnoc'e5, Thatfom
arl after the passage Of this act, every person,
being the head of family, or widow, OF single
man over the age Of twenty ono years, and being
citizen Of the United States, or having filed his
declaration Of intention to become citizen as
required by the naturalization laws, who, since
the first day Of June, A.D. 1870, has made, or
shall hereafter make, settlement in person on
the public lands 10 which the Indian title had
been, at the time of such settlement, cXtinguisbed,
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
orc hundred and sixty, or quarter section Of
land, 10 include the residence of such claimant,
upon paying 20 the United States the minimum
price Of such land, subject, however, to the fOl-
lowing limitations and exceptions: No person
shall be entitled to more than one pre-emptivc
right by virtue of this act; no person who is the
proprietor Of three hundred and twenty acres Of
land in any State Territory Of the United States,
anu no yefSOH WNO btdft Vott W NOuHdOh HIS fc-
sidcncc on his own land TO reside on the public
land in the same State or Territory, shall acquire
any right Of pre-emption 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 salincs or for other pur-
poses; no lands reserved for the support of
schools, nor the land acquired by =
/ fanyl Indian reservation TO which the title has
been or may be extinguished by the United States
at any time during the operation Of this act;
> and no lands on which are situated
any known salines or mines.
SEC. IL. ARd Dc farther 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 person shall con-
form to the other provisions Of this act; and all
questions as to the right of pre-empton 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
a revision by the Secretary Of the Treasury I'm
teriorl Of the United States
SEC. IL. And belt 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 land may lie
agrecably 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; /; end all assignments and Transfers Of
the right hereby secured prior to the issuing Of
the patent shall be null and void ''
SEC. 10. And Be 10 FARTHER 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 pro-cInption 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 10 sell the SAME on specu
lation, bnt in good faith 10 appropriate Il 70 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 bywhich
the title which he or she might acquire from the
government Of the United States should inuro in
whole or In part 70 the benefit Of any person ex-
cept himself or herself; and II any person taking
such oath shall swear falsely in the premises. he
or she shall be subject to ali the pains and pen
alties Of perjury, and shall forfeit the money which
he orshe may lhye paid for said land, and all
right aud title 70 tho same. and any grant or
Conveyance which hc or she may have made
except 10 khe hands Of bona iide purchasers. for
valuable consideration, shall be null and void.
And L shall be tho duty Of the officer afninstcr-
ing such oath TO tile certificate thereof in the
public land Office Of such district and to transmit
4 duplicate copy 10 the General Land Office !;
either Of which shall be good and sufficient evi-
dence that such oath was administered according
ssc' Sc ID Ind 5sa further enacted. That tbis
act shall not delay the sale Of any Of tho public
lands Of tho United States beyond the timc which
has been Or may be appointed BY the proclama-
ton Of the Presdsnt nor shall lhe provisions Of
this act ctbeayailabe to any person or persons who
shall fall TO make proof and payment, and file the
affidavit required before the day appointed for
the commencement of the sales Aforesaid.
SEc 10. And be Il further enacted, That wheus
ever any person has settlcd OF shall settle and
improve tract Of land, subject at the time Of
settlement 70 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 alter tho passage Of the same, and
in the last within thirty days next after the date
Of such settlement file with the Register Of the
proper district written statement describingthe
lands settled upon, and declaring the intention Of
such person to claim the same under the proyi.
sions 0f this acti and shall, where such settle
mont is already made, within twelve months after
the passage Of this act, and when Il shall hcreaE
ter be made, within the same period after fhe date
Of such settlement make the proof affidavit and
payment herein required; and il no or she shall
fail to file such written statement as aforesaid.
and make such affidavit proof and payment,
within tho twelve months Aforesaid, the tract Of
land 50 settled and improved shall be subject TO
the entry Of any other purchaser.
Approved September 4, 1S4l. sslEef
Thsiihh section Of tho act apprOvcdMarch Sd,