Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1860-11-17
Presumption Rights I'm washing
ton Territory.

| entitled IL An Act to amend the act approved Sep
TENDER 9th 1850, to create the Office of Surveyor
| General of the Public Lands in Oregon" and also
| the q Act amendntory thereof, approved February
10, 1853, presumption privileges were granted to
the settlers Of Oregon and Washington Territories
The third section Of said act reads as follows {:
" That the presumption privileges granted l,v tho
act OF fourth of September, eighteen hundred and
forty-onc shall be, and the is hereby cxtcni-
cd to the lands in Oregon and Washington Terri
tories, whether surveyed unsurveycd, not right
fully claimed, entered or reserved under the pro-
visions OF this act or the acts of which it is amend
"tory, nor excluded by the act Of eighteen hun
drcd and forty-onc, with the exception of unsur-
vcycd lands rs above mentioned and all settlers
on unsnrvcycd lands in said Territory shall give
notice to the Surveyor General, or other author.
lied officer. the Register and Rcceivcrl 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, 1s4l, herein above
referred to, SO far as is applicable to public lands
in Washington Territory, is as follows:
SEC. 10. And be it further enacted, That from
and after the passage of this net, every person. be-
ing the head Of family, or widow, or single man
Ovcp the age of twcnty-Onc years. and being
citizen Of the United States, or having filed his
declaration Of intentions to become citizen as
required by the naturalization laws who. since
the first day Of June, A.. d. eighteen hundred and
forty, has made or shall hereafter make, n settle
mcnt in person on the public lands to which the
Indian title has been ut the time Of such settle
mcnt. extinguishcd, and which has been, or shall
have been, surveyed prior thereto, and who shall
inl,nbit and improve the same, and who has or
shall erect Il dwelling thereon. shall he, 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, or
quarter section Of land to include residence of
such claimant, upon payment to the United States
the minimum price Of such land subject, 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 pre-cmpion 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
u [any1 Indian reservation to
which the title has been or may be cxtnguishcd
by the United States at any time during the "rcr-
alton Of this nett
and no lands on which are
situated any known salincs or mines. \
SEC. II. And be il further cnactSl. That when
two more persons shall have settled on the
same quarter section of land. the right of pre-
emption shall he in him or her who made the first
settlement, provided such person rha conform to
the other provisions Of this act and all questions
as to the right Of prescription arising between diff
rrcnt settlers shall he settled by the Register and
Receiver of the district within which the land is
situated. subject I" appeal to and n revision by
the Secretary Of the Treasury lIntcrior] Of the
United States.
See. ~. And he il further enacted That prior
to any entries being made under aud 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 aud Receiver of
the land district in which such land may lie.
nrrccahly to such rules ms shall be prescribed by
the Secretary Of the Treasury. INTERIOR who
shall each be entitled to receive fifty cents from
aforesaid and all assignments and transfers of
the right hereby secured prior to the issuing of
the patent shalt be null and void.
SEC. IL. And be II further enacted, That be-
FIRE any person claiming the benefit of this act
shall he 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 y that he or she has never had the benefit of
any right Of presumption under this net that he
or she il 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 same on spec,l-
lation. hut in good faith to appropriate II to his
her own exclusive use or benefit and that he or
she hns not directly indirectly, made any agree
mcnt or contract, in amy way or manner with any
person or persons whatsoever, by which the title
which he or she might acquire from the govern
mcnt of the United States should inurc in whole
:,,, 1on If Cnt i'm.
self or herself and If any person taking such oath
shall swear falsely in the premises he she shall
he subject IL all the pains and penalties Of perjury,
and shall forfeit the money which no or she may
have paid for said land and all right and title to
the same and any grant or conveyance which he
or she may have made, except in the hands of
bona fidc purchasers, for valuable consideration,
shall he null and void. And It shall be the duty
Of the officer administering such oath to file
tiGcatc thereof in the public land office Of such
district and TO transmit duplicate copy to tho
General Land Office either Of which shall be
good and sufficient evidence that such oath was
administered according to law.
SIC, -. Aud be IL 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 bccn, or may be appointed by the proclama-
ton Of the President nor shall the provisions Of
this net 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 tho
commencement Of the sales aforesaid.
SEC. Is. And be it further enacted, That when
ever any person has settled, or shall settle and
improve tract Of land subject at the time Of set
Element to private entry. and shall intend to pur-
chase the same under tho 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 next after the date Of such
settlement file with the Register Of the proper dis
trct 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.