, 1858-04-09
Presumption Laws.

AN All 10 appropriate Tue preecdS OF the sales oi
the public lands and To grant preenptiOn rights.
SEC. 10. Ind be Il further enacted, That from and
after tie 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
Uhted States or having filed his declaration Of inten-
tlon To become citizen as required by the naturalza
llOn laws, who, since the first day Ul 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 at the time
Of such settlement, eXtn uished and which has been,
or shall have been surveyed prior to thereto, and who
shall nhabt and improve the same and who has o,
shall erect dwelling there N, shall be, and is hereby,
authorized to enter with tie Register OF the Land
Office for the district in which such land may lic by
legal Subdivisions any number of acres not exceeding
one hundred and sixty, quarter section Of land,
10 include the residence of such claimant upoI pay
ing to the United states the minimum price of such
lnd subject, however, TO the following limitations
and exceptions No peISoa shall be entitled to more
than one preemptl1e 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 and no person lctO shut qiut Gbla-
don his residence j. land to reside the pub
lie land in the same State Territory, shall aCq lire
any right uipyeemptOn ualcr this a 40 Lands in.
cludu in any reservation, y any treaty, law or proc
lamatun of the President ol the United States, re.
served for saues oI for for other purposes no lands
reserved Tor the support Of schools, nor the Land ac-
[anyl Indian reservation to which the title
has been may be eXtingGished by the United States
at any time during the operation q this act e.
lands lands on which are situated any known :aln.' or
Sec. II. And be il further enacted, That when
two more persons shall have settled on the same
quarter section Of Land the right Of pre-cmptiOu shall
be in him or her who made the first settlement, pro
vlel such person Shall conform to the other pro-
vkiOas Of this act aad all questions to the right
oHpreemptol arising between different settlers shall
be settled by the Regt and Receiver oi the district
within which the aadi' sit laed, subject to appeal
to and a revision by the Secretary Of the Treasury
[Interiorl Of the United States.
| Sec. H. lad be il further enacted, That prior to
any entries being mad. under and by virtue OF the
provisions Of this act, proof OF the settlement and I'M
provement thereby required shall be made to the sat
sactol of the Register ard Receiver OF the land dis
trct in which such Land may lie, agreeably 10 such
rIles shall be prescribed by the Secretary Of the
Treasury, [lnteriorl who shall each be entitled to IT,
ceye fifty cents from each applicant for his services
to be rendered as aforesaid and Ill assignments an
transfers of the right hereby secured prior to the
issuing % the patent shall be null and void.
Sec. l3. -1n9 be 10 further enacted, That before
any person claiming the beneit OF this act shall be
allowed 10 enter such land he or she shall make oath
before the Receiver Register Of the aud district in
which the Land is situated (wo hereby authorized
10 administer the same) that he or she has had
the benefit of any right Of preemption under this act
that he she i not the Of three bundled and
twenty Of land in any State Territory of the
United States, nor hath he she settled upon and i'm
proved said laud to sell the speculation but in
or benefit aud that lie she has not, directly or
indirectly made any agreement 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 ianure in
whole or in part to the benefit OF any person except
himself or herself aud ii any person taking such
oath shall swear falsely in the premises, he she shall
be subject to all the pains and penalties OF periury
aud shall forfeit the money which he or she may have
paid for said land aud all right and title 70 the
and any grant Or conveyance which he or she may
have made, except in the hands OF bona lde purchas
ers, for valuable consideration, shall be null and
void Aud il shall be the duty Of the officer admins
tering such oath tb file certificate thereof in the
public land oace Of sueh district and to transmit
duplicate copy to the General Land Office either Of
which shall be gooi and suiIl lent evidence that such
| oath was administered according to law.
Sec. II. An! be IL Eirtior enIcied That this act
shall not delay the sale Of any Of the public lands Of
the United States beyond the time which has been
may be appointed by the proclamation of the Presi
dent shall the provisions Of this act be available
t1 any person persons who shall fail f. make proof
and payment and file the affidavit required before the
day appointed for the commencement Of the sales
aforesaid.
Sec. Is. And be il further enacted, Tha: whenever
any person has settled, shall settle and improve
tnct of land subject at the time of settlement to pr
vate entry and shall intend to plrch h,~e the same
under the provisions Of this act such person shall, IN
the irst case within three months ailer tue passage
Of the same and in the last. within thirty days next
after the date of such settlement file with the Regis
ter Of the proper district written stt"ment desert
hing the lands settled upon. and deck .is the inten
tion of such person u claim the under the pro-
visions Of this act aad slll, where slch settlement
is already made, within twelve mouths a!;or the pas
sage Of this act and when it shall hereafter he made
within the period after the date OF such settle
ment, make the proof, affidavit. and payment herein
required; and II he or she shall fail TO file such
written statement, ai aforesad and make such
! affidavit, proof, aud payment, within the twelve
months aoresaid the tract Of land settled aud i'm
proved shall he subject to the entry of any other pur
chaser
Approved September 4, ls4l.
The fifth section Of the act approved March Sd,
1913, is as follows;
Sec. S. And be il further enacted, That claimants
under the late preempton law for land not yet pro
claimed for sale are required to make known their
claims In writing, to the Register OF the proper land
Office within three months from the date OF this act
when the settlement has been already made, aud with
| In three months from the time OF the settlement,
where such settlement shall hereafter he made, giving
the designation OF the tract and the time OF settle
ment otherwise his claim to he forfeited, and the
tract awarded to the next settler in the order Of
time the same tract Of lind. who shall have given
such notice and otherwise complied with the condi-
tons Of the law.
The following Is the form Of pre-emption declara-
tory statement:
l,....................,
benS -. :'''.'''.. :
have, on the day OF, Of,............, A. d., is
settled aud improved the. ........... quarter Of
section nalnbsf. in township nnmaer
....... e, OF range number. ........., in the do
tct of lands subject to sale at the Land Office ct
at Olympia, W. T., and c0ntaining... .............
................... acres which land has not ytf
been offered at public sI and thus rendered subject 10
pTipaie entry and do hereby declare my intention
to claim the said tact Of land pre- emption right,
under the provisions of said act Of 4th september,
| lS4l
Given under my hand, this. ....... day of.......
/ A. d. Is
In presence of