, 1858-04-23

instant we copy the following laws and regula-
tons under which pre-emption claims are taken
in this Territory. As these are laws in which
all the settlers are interested, we offer no apology
for the space they occupy, to the exclusion Of
perhaps more readable matter:--
An AcT to appropriate the proceeds of the sales
Of the public lands, and to grant presumption
rights:
SEC 10. And be 10 further enacted, That from
and afler the passage Of this act every person,
being the head Of a family, or widow, or single
man over the ago Of twenty-one years, and being
citizen Of the United States, or having fled his
declaration Of intention TO become q citizen as
required by the naturalization laws, who, since
the first day Of June, AID. 1910, has made, or
shall hereafter make, 4 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 q 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
OEe hundred and sixty, or quarter section Of
land, % include the residence Of such claimant
upon raging 10 the United States the minimum
/
lowing limitations and exceptions: No person
shall bc entitled TO 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-
sidonce 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 salines or for other pur-
poses; no lands reserved for the support Of
schools, nor the land acquired by I" .
lanyl Indian reservation TO which the title has
been or may be extinguishcd 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 belt further enacted, That when
two or more persons shall have settled on the
same quarter section Of lani, the right Of pre.
emption shall be in him or her who made the
first settlement, provided such person shall con.
form 10 the other provisions Of this act and all
questions as to the right Of presumption arising
between different settlers shall be settled by the
Register and Receiver Of the district within which
the land is situated, subject 70 an appeal to and
revision by the Secretary Of the Treasury I'm
teriorl Of the United States
T. CttdCtcu,
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.
agrceably to such rules as shall be prescribed bv
the Secretary Of the Treasury llnteriorl 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 to the issuing Of
the patent shall be null and void.
SEC. 43. Andb IL further enacted, That before
any person claiming the benefit of this act shall
bc 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
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 specu.
htion but in good faith to appropriate Il 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 he or she might acquire from the
government of the United States should inure in
whole or in part to the benefit Of any person ex-
ccpt himself or herself; and if any person taking
such oath shall swear falsely in the premises, he
or she shall be subject TO al tho pains and pen
aties Of perjury and shall forfeit the money which
he or she may have paid for said land, and all
right and title to the same; and any grant or
conveyance which he or she may have made,
except IN the hands Of bona tide purchasers, for
valuable consideration, shall be null and void.
And II shall be the duty Of the officer administer
ing such oath to file q certificate thereof in the
public land Office Of such district and to transmit
q duplicate copy TO tho General Land Office (
either Of which shall be good and sufficient evi.
dence that such oath was administered according
to law. ,. ~
SEC. IA. And Be IL 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 preclama-
ton Of the President; nor shall the provisions Of
this act be available to any person or persons who
shall fail TO make proof and payment, and file the
afldavit required before the day appointed for
the commencement Of the sales Aforesaid
SIC. 10. And Be it further enacted, That when
ever any person has settled or shall settle and
improve 4 tract of land, subject at the time Of
settlement 10 private entry, and shall intend 10
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 Register Of the
proper district written statement describing the
lands settled upon, and declaring the intention Of
such person to claim the same under the proyi-
sions Of this act; and shall, where such settle
ment Is already made, within twelve months after
the passage Of this act and when Il shall hereaf.
ter Be made, within the same period afer the date
Of such settlement make the proof affidavit and
payment herein required; and Il he or she shall
nil 10 file such written statement as aforesaid,
and make such affidavit proof and payment,
within the twelve months Aforesaid, the tract Of