, 1858-04-23
Presumption Laws.

-s-Ssals--
o,,,+;
GAZE A''A"1A Laws
lno "No"ins are Tue laws "I" ''sI'A''ghS unuer
which preenpton claims are taken IN 'hs Iefrlory:
IAN ACT to Appropriate the proceeds Of the sales Of
@ pIo' w lI,i U " ,' a.J rhat r1n and
| SEC' ~ ana oe J"Hu t"ac'eu' lnat rom anu
after the passage Of hs act, every person being the
he"u G' lSmi!, OF "'1o"i OF s,nSe nliu over tHe
age Oh t"eu'y-ohe years, ana ne.lS cu1eh o. lhe
UWted states, OF hatihS ueu ms declaration ol MEN
lioh u nc Jhe c!uZeu 7 reIu'eu py thS iatdiaIt
u'i laws VINO, SINCE lle hisE gay ui June, a; ~
le'suCea h'luted 4hu loIty' mas HsS"e' or Ah!I
hereafter maAe, settlement IN person. On the puC"c
lhus 70 Whlch the lhiah tIe hau neeh al tne tlme
oi sLcn Set.ielenl' ana WHEN ms Degn
or shall have been surveyed prior TO theieto ana VINO
shl ihh4o!t anu improve Tue same; ana VINO mas or
shal eiect u"chg tnereol, sna ne, ana 5 neIeoy,
authorized % enter WIN the Register OF tne Lana
OHte LOT te uis'rct III NIlVl SUN anu may ne, ny
legal suba'vs'ons any number OF acres not exceeding
one INJURED ahu SiNty OF a quaiicr 'eetoh ol .Hu'
70 lnclude thc ieslehIe ol shcn chhlaht upon pay
g 70 n,e oneu state 'ne i1lu, Pr'ye ~ ,, sa,u
lanH, SUBJECT, however TO the following limitations
and exceptions NO person snail be entitled TO more
tlan one PreemptNe ngHt Oy virtue "i thls 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 irI3 Stal qUH or d5dl-
don has reSideRcs on l. own lard to reside on tue pub
lie land in the same state or Territory shall acquire
any right OF preemphon under this acts no lands III
c,uded in any reservation by any treaty, law or proc
amaton Of the President OF the United States or re-
served for sales OF for for other purposes no lands
reserved for the support Of schools nor the land ac
quired by
lanyI indian reservation 70 which the ute
has been or may be eXtngushed by he United states
at any time during the operation OF THIS act
and no
lands on which are situated any known saiines or
| mines.
! Sec. IL. And De II tuther enacted, That when
two or more persons shall have settled on the same
be in him or her who made the first settlement, pro
vlded such person snail conform 70 the other pro
visions OF thlS act ana AL quetpns as 70 the right
OF pre- emption arising between dlngrent settlers saal
be settled by the Register and Receiver OF the district
within which the land situated subject 10 an appeal
to and revision by the secretary ol the treasury
i tlnteriorl oil the United States.
Sec. IL. And be It further enacted, That prior to
any entreS being made under and by virtue OF the
provisions Of this act proof OF the settlement and iT
proyement thereby required shall be made to the sat
isfacton OF the Register ard Receiver oi the land dis
trlet IN whlcn sncn laod may ne aS!esaDy 70 suGn .
S. ~ =" & III sc 10 ont;tIod "a o.
10 az eant Fan escb annIicont for his scrvces
70 10 renderaJ ss of,resnid and ali assignments and
sr " ~ ~ ri,Sh, bnrhv ssrnroJ 1rior to Tho
issniHg of II Tho ostebf sSaIf he Sul and Soi
'',unS ~ '"s III Le r. G,f6sr enacted THAT begore
nornr laj,ing ths beneft Of this acf shall be
al1,sed 10 enter such land he or She shall make oath
before the Receiver or Register of the land district in
which the land situated (who are hereby authorized
to administer the same) that he she has had
tbe benefit of any right Of preemption under this act
that he or she il not the owner Of three hundred and
twenty acres Of land in any state Territory of the
United States nor hath he she settled upon and i'm
proved said land to sell the same speculation but in
GOOD faith to appropriate It 70 his her exclusive
use or benefit and that he she has not, directly or
Indirectly made any agreement or contract any way
or manner with any person or persons whatsoever,
by which the title which he she might acquire from
the government of the United States should nnnre in
whole or in mart to the benefit OF any person except
e himself or herself and if any person taking such
oath shall swear falsely in the premises. he she shall
he snbiect 70 all the pains and penalties of perjury,
and shall forfeit the money which he she may have
maid fnr said land and ali right and title to the same
and any grant or conveyance which he or she may
have made except in the hands OF bona de purehas-
ers @ for valuable consideration, shall be null and
terns snch oath to file certificate thereof in the
public land oicc Of s1eh district a9d 70 tTahsm'
wHcb sba h. rooI and sufficient evidence that such
cath va Administered according 10 law
f 81 l. ,, go, .,,..,,J Ti,o. ,h,, a.,
oEc. - an. oe - ~ ~ ~, e ~ ~ Ill - q,
sh'il hot 1siay tle sale W y VI W. n ~ i ~
the unlIeu ot'es peyunu % 'ne 'e Hon ~ "a ~ pi
may De app ny w S ~ -, ~ ~ ~
deht nor sna 'te III, ~ ~, III ~. y, Ue
70 sny Person sIs to renrsd beSo1e tbe
ana paynen., 9la ~ uI c oT ,be s.lo
usy aploin'eu i'i 'ue '''Ni'"eeu''N' VI '"' '@'S
"oresAu'
Sec 10. Aad oe ~ gWther enaetea, Ihat whenever
any peTSon mas set.eu OF saa se.ee s1u to
vate entry, and shall intend to purchase the same
under tue provls4ns o. thls aet suen per.1n sali, ~
tne ilIst case Nish tIree DI.I NJ, .J p''a
" '"s 7oS' 80 - - -. 81. x s,s ', -.
after the date Of such settlement ME win the hegls
ter OF the proper district written statement descr
bng TIE lands settled upon ana declaring tAe lhIeh
ton OF such person TO clam the same unoer INC pro
visions Of this act and shall where such settlement
IS already maze Witnlh tweiVe H,1ts ~ a.teT ts ~
sage Of this aet ana When slau hereafter DC hha1e
within the sane peed alter the d3te OF sncn sette
meht, MAKE INC PROOF uulIaNl. uu Pyieus w neleh
required; ana il he OF she snsh lan 70 ne @ sncl
written statement ss a,oresu % and HiaAe .l ~
a,, aus'i', th P, 20 isr1 60 sot,ioJ ond in,
9oTeea te aet \, ~, S n Sta 81 81 ouv oSsr p D m
PL",eu PLa,e. '"Ai' '' 'O''0'' ~ ' FN
Approved September 4, ls4l.