Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1860-12-08
Gsrc.en, ptiOn Rights I'm Washing
ton Territory.


entitled - An Act to amend the act approved Sep
TENDER eth, 1850 to create the Office OF Surveyor
General of the Public Lands in Oregon and also
the " Act amcndatory thereof approved February
10. 1853 prc-cmpton privileges were granted to
the settlers of Oregon and Washington Territories.
The third section of said act reads MS follows ::
=. That the prescription privileges granted by the
act of fourth of September, eighteen hundred and
forty-onc shall he. and the same is hereby cxtcnd-
cd to the lands in Oregon and Washington Terri
tories whether surveyed or unsurvcycd, not right
fully claimed. entered CT reserved under the pro-
visions of this act or the acts of which ii is amend
atorv. nor excluded by the act of eighteen hun
drcd and forty-one, with the exception of unsur-
vcycd lands rs above mentioned and all settlers
on nnsurycvcd lands in said Territory shall give
notice to the Surveyor General, or other author
lied officer. the Register and RECEIVER of the
particular tract claimed under this section. within
six months after the survey of said lands is made
and returned.
The act of September 4th, 1871, herein above
referred to. far is applicable to public lands
in Washington Territory, is rs follows
SEC. TO- And be it further enacted. That from
and after the passage of this act every person. be-
ing the head of n family, or widow, or single man
ovcp the age of twentv-onc years, and being
citizen of the United States or having filed his
declaration of intentions to become Il citizen as
required by the naturalization laws who, since
the first day of June. 4. d. eighteen hundred and
forty, has made or shall hereafter make, settle
nlcnt in person on the public lands to which the
Indian title has been ut the time of such settle
ment. extinguishcd, and which has been, or shall
have been. surveyed prior thereto, and who shall
inlabit and improve the same, and who has or
shall erect dwelling thereon, shall be- and is
hereby, authorized to enter 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,
quarter section of land. to include residence of
such claimant, upon payment To the United States
the minimum price Of such land, sui jcct, however.
to the following limitations and exceptions No
person shall he entitled to more than one prc-cml,-
tive 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 of the United
States, and no person who shall quit or abandon
his residence 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 trca-
ty, law or proclamation of the President of the
United States, reserved for salincs or for other
purposes no lands reserved for the support of
schools, nor the land acquired by
= fanny Indian reservation to
which the title has been or may be extinguishcd
by the United States at any time during the opcr-
alton OF this act - A.
situated any known salincs or mines
SEC. IL. And be it further enacted That when
two or more persons shall have settled on the
same quarter section of land the right of pre-
enpton shall he in him or her who made the first
settlement. provided such person rhall conform to
the other provisions of this act and all questions
as to the right of presumption arising between diff
fcrcn settlers shall be settled by the Register and
Receiver of the district within which the land is
situated, subject to appeal to and Il revision by
the Secretary of the Treasury [lnterior] of the
United States.
SEC. II. And he it further enacted, That prior
to any entries being made under and by virtue of
the provisions of this act proof of the settlement
and improvements thereby required shall be made
to the satisfaction of the Register and Receiver of
the land district in which such land may lie.
agrccably to such rules as shall be prescribed by
the Secretary Of the Treasury, [lnterior] who
shall each he entitled to receive fifty cents from
each applicant for his services to be rendered as
aforesaid and all assignments and transfers of
the right hereby secured prior to the issuing of
the patent shall he null and void
SEC l3. And be il further enacted, That be-
fore 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 to administer the
same, 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 to sell the on specu-
laton, but in good faith to appropriate it to his
her own exclusive use or benefit and that he or
she has not directly indirectly, made any agree
mcnt or contract, in any way or manner, with any
person or persons whatsoever, by which the title
which he or she might acquire from the govern
ment of the United States should inurc in whole
or in part to the benefit of any person except him
self or herself; and If any person taking such oath
shall swear falsely in the premises he or she shall
be subject to all the pains and penalties of perjury
and shall forfeit the money which he or she may
have paid for said land and all right and title to
the same and any grant or conveyance which he
bona fde purchasers, for a valuable consideration,
shall be null and void. And it shall be the duty
of the officer administering such oath TO file GER
tilicatc thereof in the public land Office of such
district, and to transmit n duplicate copy to the
General Land Office either of which shall be
good and sufficient evidence that such oath was
administered according to law.
SEC. u. And he it 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 President nor shall the provisions of
this act he available to any person or persons who
shall fail to make proof and payment, and file the
affidavit required before the day appointed for the
commencement Of the sales aforesaid.
See. 10. And be it further enacted, That whcn-
ever any person has settled, or shall settle and
improves tract of land, subject ut the time Of set
Element TO private entry, and shall intend to pur-
chase the same under the provisions of this act,
such person shall, in the first case, within three
months after the passage Of the same, and in the
last within thirty days after the date Of such
settlement, file with the Register of the proper dis
trict written statement describing the lands set
tied upon, and declaring the intention of such
person to claim the same under the provisions of
this act and SHALL where such settlement is al
ready made within twelve months after the pas
Of tbs Get aud Mhcu il thall Lrren Il or Le