TWENTY-FIFTH CONGRESS. Sn s.II. Ch.119. 1838. 251 Srnur: II. CHAP. CXIX.—An not to grant pre-emption rights to settlers on the public lands. June 22, 1838. Be it enacted by the Senate and House of Representatives of the 1M°· °h·32· United States of America in Congress assembled, That every actual Qualifications settler of the public lands, being the head of a family, or over twenty- necessiuytoenone years of age, who was in possession and a housekeeper, by personal ‘£l°bs°* of “,? residence thereon, at the time of the passage of this act, and for four ;,,$,,,93;,h°1G,,y months next preceding, shall be entitled to all the benefits and privi- 1830. Ieges of an act entitle “An act to grant pre-emption rights to settlers Mm °g:§,9*hh on the public lands," approved May twenty-ninth eighteen hundred and eogllrévjvgdcarid thirty, and the said act is hereby revived and continued in force two continued for years; Provided, That where more than one person may have settled “1‘,° Y‘?"“· upon and cultivated any one quarter section of land, each one of them r°m°° shall have an equal share or interest in the said quarter section, but shall have no claim, by virtue of this act, to any other land: And pro- p,,,v;,,°_ vided, always, That this act shall not be so construed as to give a right of pre-emption to any person or persons, in consequence of any settlement or improvement made before the extinguishment of the Indian title to the land on which such settlement or improvement was made, or to the lands lately acquired by treaty with the Miami tribe of Indians, in the State of Indiana, of which proclamation was made by the President of the United States, on the twenty-second day of December, eighteen hundred and thirty-seven, or to any sections, or fractions of sections, of land included within the location of any incorporated town, or to the alternate sections to other alternate sections granted to the use of any canal, railroad, or other public improvement on the route of such canal, railroad, or other public improvement, or to any portions of public lands, surveyed or otherwise, which have been actually selected as sites for cities or towns, lotted into smaller quantities than eighty acres, and settled upon and occupied for the purposes of trade, and not of agricultural cultivation and improvement, or to any land specially occupied or reserved for town lots, or other purposes, by authority of the United States: And provided further, That nothing herein contained Proving, shall be construed to affect any of the selections of public lands for the purposes of education, the use of salt-springs, or for any other purpose which may have been or may be made by any State, under existing laws of the United States: but this act shall not be so construed as to deprive those of the benefits of this act, who have inhabited, according to its provisions, certain fractions of the public lands within the land district of Palmyra, in the State of Missouri, which were reserved from sale in consequence of the survey of Spanish and French grants, but are found to be without the lines of said grants. That before any person claiming the benefit of this law shall have a patent for the land which he may claim by having complied with its provisions, he shall make oath before some person authorized by law to administer the same, which oath with the certificate of the person administering it, shall be liled with the register of the proper land office when the land is applied for, and by said register sent to the officc of the commissioner of public lands, that he entered upon the land which he claims, in his own_right, and exclusively for his own use and benetit, and that he has not, directly or indirectly, made any agreement or contract, in any way_ or manner, with any person or rmrsons whatever, by which the title which he might acquire from the Government of the United States should inure to the use or benefit of any one except himself; or to convey or transfer the said land, or the title which he may acquire to the same, to any other person or persons whatever, at any subseqdent time; and if such per-
pre·emption rights. 1843, oh. 86.