Page:United States Statutes at Large Volume 9.djvu/525

THIRTY—FIRST CONGRESS. Sess. I. Ch. 76, 18-5U. 499 regulations as may be prescribed by the commissioner of the general land office, setting forth the facts in the case, and specifying the land to which the parties are entitled. And the said surveyor-general shall return the proof so taken to the office of the commissioner of the general land office, and if the said commissioner shall Hnd no valid objection thereto, patents shall issue for the land according to the cer- Patent to issue. titicates aforesaid, upon the surrender thereof Sec. S. And be it further enacted, That upon the death of any set- _If any settler tler before the expiration of the four years’ continued possession required 5;;‘ml;"‘”°;i‘? "x§Pi‘ by this act, all the rights of the deceased under this act shall descend yam, his ,;;,1;; to the heirs at law of such settler, including the widow, where one is me g¤=¤;¤¤¢i¤d left, in equal parts; and proof of compliance with the conditions of {swim hwg ‘" this act up to the time of the death of such settler shall be sulhcient to entitle them to the patent. Sec. 9. And be it further enacted, That no claim to a donation right N0_ claim t0 under the provisions of this act, upon sections sixteen or thirty-six, shall be valid or allowed, if the residence and cultivation upon which orthirty-snr to be the same is founded shall have commenced alter the survey of the gahd lf ***8 ’°Si‘ . GDCC WRS COHlsame; nor shall such claim attach to any tract or parcel of land select- ,,,,,,,,,1 3,-,,, the ed for a military post, or within one mile thereof, or to any other land SUTVQY of the reserved for governmental purposes, unless the residence and cultiva— Sami tion thereof shall have commenced previous to the selection or reservation of the same for such purposes. Sec. 10. And be it further enacted, That there be, and hereby is, Grants to Om granted to the Territory of Oregon the quantity of two townships of gggitfm a um land in said Territory, west of the Cascade Mountains, and to be se- y` lected in legal subdivisions after the same has been surveyed, by the legislative assembly of said Territory, in such manner as it may deem proper, one to be located north, and the other south, of the Columbia River, to aid in the establishment of a university in the Territory of Oregon, in such manner as the said legislative assembly may direct, the selection to be approved by the surveyor-general. Sec. 11. And be it further enacted, That what is known as the Further zf¤¤’ " Oregon city claim," excepting the Abernethy Island, which is hereby f°$,S3;';;0n city coniirmed to the legal assigns of the Williamette Milling and Trading e1aim." Companies, shall be set apart and be at the disposal of the legislative assembly, the proceeds thereof to be applied by said legislative assembly to the establishment and endowment of a university, to be located at such place in the Territory as the legislative asmmbly may designate: Provided, however, That all lots andparts of lots in said Proviso. claim, sold or granted by Doctor John McLaughlin, previous to the fourth day of March, eighteen hundred and forty-nine, shall be con- Hrmed to the purchaser or donee, or their assigns, to be certified to the commissioner of the general land office, by the surveyor-general, and patents to issue on said certificates, as in other cases: Provided, fur- Further proviso. ther, That nothing in this act contained shall be so construed or exe- ‘ cuted, as in any way to destroy or aifect any rights to land in said Territory, holden or claimed under the provisions of the treaty or treaties existing between this country andGreat Britain, Sec. 12. And be it further enacted, That all persons claiming _ Persons claimland under any of the provisions of this act, by virtue of settlement g;,5g=*¤$;g,¤~;}<,g and cultivation commenced subsequent to the first of December, in the land claimed is year eighteen hundred and fifty, shall first make ailidavit before the f°’(fh°$9"'g “S° surveyor-general, who is hereby authorized to administer all such oaths an cu wa °¤' or aflirmations, or before some other competent officer, that the land claimed by them is for their own use and cultivation ; that they are not acting directly or indirectly as agent for, or in the employment of others, in making such claims; and that they have made no sale Or transfer, or any arrangement or agreement for any sale, transfer, or aliena-