, 1858-08-13

An AcT to appropriate The proceeds Of the sales
q the public lands, snd to grant pre-emption
rights:
SEC. 10. And b IL further enacted, That from
md after the passage Of this act, every person,
being the bead Of a family, or widow, or single
man over the age Of twenty.one years, and being
. citizen Of the United States, or having filed his
declaration Of intention to become a citizen as
required BY the naturalization laws, who, since
the first day Of June, AID. ls40, has made, or
shall hereafter make, q 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
one hundred and sixty, or q 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 and twenty acres Of
land in any State or Territory ofthe United States,
and no peFo0R tshO Shdu quit or abandon his re-
Ind in the same State or Territory, shall acquire
any right Of pFe-emption uAder this act no lands
included in any reservation, by any treaty, law
q proclamation Of the President Of the United
Saies, q reserved for salines or for other pur-
poses; no lands reserved for the support Of
schools, nor the land acquired by
Iany1 Indian reservation to which the title has
been or may be oxtinguished 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
SIC. II. And beit further enacted, That when
two or more persons shall have settled on the
same quarter section Of land, the right Of pre-
emption shall be 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 70 the right Of prc-empdon 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 lin
teriorl Of the United States
SIC IL. And BE- 10 Further enacted, That prior
70 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
aereeably to such rules as shall be prescribed BY
the Secretary Of the Treasury, 1nteriorl who
shall each be entitled to receive fifty cents from
each applicant for his services to be rendered as
Aforesaid; and al assignments and transfers Of
the right hereby secured prior to the issuing Of
the patent shall be null and void
SIC l3. And b it further enacted, That before
any person claiming the benefit Of this act shall
Be- 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 10 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 70 sell the same on specu-
ation, 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 tide which he or she might acquire from the
government Of the United States should inure in
whole or in part 70 the benefit Of any person ex-
copt himself OF herself; and II any person taking
such oath shall swear falsely in tie premises, he
or she shall be subject 10 all the pains and PEN
alios Of perjury, and shall breit the money which
be or she may have paid for said land, and al
right and title 10 The same; and any grant or
conveyance which hc or sho may have made
except IN the hands Of bona flde purchasers, for
. valuable consideration, shall be null and void
And L shall be the duty Of the officer administer
ing such oath 70 Gle q certificate thereof in the
public land ofioo Of such district and to transmit
duplicate copy 10 the General Land Ofice
either Of which shall be good and sufficient evi-
donce that such oath was administered according
70 law.
src. IA Aad b e 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 proclama-
ton Of the Presdent; nor shall fhe provisions Of
this act boaEAilable 10 any person or persons who
shall fail 70 make proof and payment, and ile the
adidayit required before the day appointed for
the commencement Of the sales Aforesaid.
SIC 1b. And b 70 Jarther enacted, That when
ever any person has settled or shall settle and
improve = tract Of hnd, subject at The time Of
soltlomont 10 private entry, and shall intend to
purchase tho samo under he provisions Of this
ack such person shall, IN the first caso, within
three months aiAsr the passage q the came, and
IN the last within thirty days nszt after the date
q such sottlamsnt Gle with he Register Of the
proper district written slaisment describing the
lands settled upon, and declaring The intention Of
such person 70 claim tho same under The proyi-
rions Of this act; and shall, where such settle
ment Is already made, within twelve months after
tho passage of this act, and when Il shall hereaf
tof be made, within the same period aier the date
Of such settlement make the proof affidavit and
payment herein required; and Il be OF she shall
hh 10 ale such written statement IS aforesaid,
and make such Gfidayit proof and payment
within The twelve months Aforesaid, tho tract Of
land % settled and improved shall Be subject to
The entry Of any other purchaser.
Approved September 4, le41.
The hhh section Of The sot approved March Sd,
lelS, Is e flloWs: