, 1858-07-16

I
this Territory
An Act 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 fled his
declaration Of intention 10 become a citizen as
required by the naturalization laws, who, since
the first day Of June, A.D. lS40, 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, extngushed,
and which has been, or shall have been, surveyed
prior thereto, and who shall inhabt 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 10 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-emptive
right by virtue Of this act; no person who is the
proprietor Of three hundred aud twenty acres Of
land in any State or Territory ofthe United States,
and no person vhO shdU quit 0f 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 *F
[anyl Indian reservation to which the title has
been or may be extingushed 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 II. AAd BE- .farther 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 and Receiver Of the district within which
the land is situated, subject to an appeal to and
q revision by the Secretary Of the Treasury un-
teriorl Of the United States.
SIC. 12. And Be Il .ftrth,r enacted, That prior
to any entries being made Tnder and by virtue Of
the provisions Of this act pio1f 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 NAV lie.
agrceably TO such rules as shall be prescribed bv
the Secretary Of the Treasury, lfnteriorl who
shall each be entitled to receive fly 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. 10. And Be jt further enacted, That before
any person claiming the benefit Of this act shall
he allowed to enter such land, he or she shall
|.n nhn. D..
land district In which the land Is situated, (who
are hereby authorized to administer the ssme)
that he or she has never had the benefit Of any
/ right Of presumption 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 70 sell the same on specu-
lation, but In good hith 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 o. 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-
cepf himself OF herself; and II any person talinr
such oath shah swear hlscly in the premises. he
Or ahe shall be subject 70 al the pains and pen
altes Of poiary end shall Forfeit the money which
he or she niay have paid for said land, and an
right and tillo 70 The same; and any grant or
conveyance which ho or she may have made.
loxcept in ohe hands of bona ide 6uIchasers. Ibl
a valuable consideration, shall Be nun and void.
Anditahnll Be the duty Of the officer Administer
ing such oath 10 file certificate thereof IA the
public land Office of such district and 70 transmit
In duplicate copy TO the General Land Oiiics;
either q which shall be good and sufficient evi.
dence that such oath was administered according
to law. tfj $50 ~
\ Snc Ia And b e -Tsrtaer enocied That nj.
oct shall not delay the sale Of anv Of the nublic
Iands q he Unifbd S)ates beyond the time which
has been or may be appointed By he proclama.
don Of the President; nor shan the provisions Of
this act beavailable 70 anyperson or persons who
shall hll 70 m4kepfoof and payment and ile the
ahdavit required before the day appointed lor
De commencement Of the sales Aforesaid.
SIC. 10. And bs Il further enacted. That whan.
ever any person has settled OF ahiIl settle and
n improve tract Of land, subject At the time Of
settlement to private entry, and shall intend 10
lpufchAse the same under the provisions Of this
sct such person shall m the first case, within
gnree months alter the passage Of the same, and
the last within thirty days noxt dilsr he date
q such settlement flS with TIE Renistsr Of ihe
lproper district written statomont deser;binr m
lhnds settled upon and DECLARING ne intention ~
such person 70 claim the same under ne provi-
SONS of This act; and shall where such settle
ment is already made, within twelve months after
NE passage Of this act, and when Il shall hereaf
ter be made, within the same period after The date
o. such settlement make the proof affidavit and
j payment herein required; and Il ks or she shan
hn TO tile such written statement as aforssnid.
and make such afidavit, proof and pavment
within the twelve months Aforesaid, Re tract Of
and 80 settled and improved shall b subject to
the entry Of any other purchaser.
Approved September 4, 1s4l.
! The afth section Of the act approved March Sd.