The Kansas herald of freedom., 1858-08-07
d.
AN ACT

AN ACT
To authorize the investigation of alleged
frauds under the pre-emption laws,
and for other purposes.
Belt enacted bg the Senate and House of
Representatives Of the United States Of
4naerica an Congress assembled, That the
Commissioner of the General Land office
be, and he hereby is, authorized to ap-
point competent agent, whose duty it
shall be, under direction of said Commits
sioner, to investigate, upon oath, the cases
of fraud under the pre-emption laws al
legged to exist in the Columbus land dis
trict, in the State of Mississippi, referred
to in the late annual report of said Com
missioner, communicated to Congress by
letter ofthe Secretary of the Treasury, da-
ted December the fifteenth, one thousand
eight hundred and forty-two; and that
such agent shall examine all witnesses
who may be brought before him by the in
dividual or individuals alleging the fraud,
as we'll as those witnesses who may be
produced by the parties in interest to sus-
tain said claims; and that he be, and is
hereby, invested with power TO administer
to such witnesses an oath, to speak the
truth in regard to any question which may
be deemed necessary to the full examina-
ton of the cases SO alleged to be fraudu-
lent; and such testimony shall be re-
duced to writing, and subscribed by each
witness, and the same returned to the Com
missioner, with the opinion of said agent
on each claim and any witness, so ex-
amined before the said agent, who shall
swear wilfully and falsely in regard to
any matter or thing touching such exam
ination, shall be subject, on conviction, to
all the pains and penalties of perjury and
itshall be the duty of the Commissioner
to decide the cases thus returned, and
finally to settle the matter in controversy
subject alone to an appeal to the Secreta-
ry of the Treasury Prolided, That the
power conferred by this section upon such
agent is hereby limited to the term of one
year from and after the date of this act
and the compensation to be paid to said
agent shall not exceed three dollars per
day for each day he may be necessarily
engaged in the performance of the duties
required by this section.
SEC. 2. And be it further enacted, That
in any case where party, entitled to
claim the benefits of any of the pre-emp-
tion laws, shall have died before ccnsum.
mating his claim by filing, in due time, all
the papers essential to the establishment of
the same, it shall be competent for the ex-
ecutor or administrator of the estate of
such party, or one of the heirs, to file the
necessary papers to complete the same:
Provided, That the entry III such cases
shall be made in favor of q the heirs of
the deceased pre-emptor, and a patent
thereon shall cause the title to inure to
said heirs as If their names had been spe-
cially mentioned.
SEC. 8. 4nd be IL further enacted, That
every settler on section sixteen, reserved
for the use of schools, or on other reserves
or land covered by private claims of 9TH
ers, which was not surveyed at the time
of such settlement, and who shall other
wise come within the provisions of the
several pre- -emption laws in force at the
time of the settlement, upon proof there
of before the register of the proper
land office, shall be entitled to enter, at
the minimum price, any other quarter
section, or fractional section, or fractional
quarter-section, in the land district in
which such school section or reserve or
private claim may lie, so as not to ex-
ceed one hundred and sixty acres, not
reserved from sale or in the occupancy of
any actual bona fide settler: PROVIDED,
Such settlement was made before the
date of the act of fourth September,
eighteen hundred and forty-one, and
after the extlnguishment Of the Indian
title.
SEC. 4. 1ad Be It further enacted, That
where an individual has fled, under the
late pre-emption law, his declaration of
intention to claim the benefits of said law
for one tract of land, it shall not be lawful
for the same individual, at any future
time, to file second declaration for an
ether tract.
SEC. 5. And be tt further enacted, That
claimants under the late pre- emption law,
for land not yet proclaimed for sale, are
required to make known their claims, in
writing, to the register of the proper land
OilCCs AlSutu tAEtc ltOutus iTOtil tue QaJS,
of this act when the settlement has been
already made. and within three months
from the time of the settlement when such
settlement shall hereafter be made, giving
the designation of the tract and the time
OF settlement; otherwise his claim to be
forfeited, and the tract awarded to the
next settler, in the order of time on the
same tract of land, who shall have given
such neeee, aud otherwise complied with
the conditions of the law.
SEc. 6. And Be It f.rtber. enacted, That
whenever the vacancy of the Office, either
of register or receiver, or of both, shall
render il impossible for the claimant TO
comply with any requisition of any of
the pre- -emption laws within the appointed
time, such vacancy shall not operate to
the detr:ment of the party claiming, in
respect TO any matter essential 70 the
establishment OF his claim: Proridal, That
such requisition is complied with within