Page:United States Statutes at Large Volume 5.djvu/418

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382 TWENTY-SIXTH CONGRESS. Sess. I. Ch. 32. 1840. Srnurs I. CHAP. XXXH.-An Act supplemental l0 the acl entitled “An act to grant pre-em BHELEE lion rights to settlers on the public lamls," ajproved June twenty-second, eighteg zgcféiélurtie hundred and thirty-ezglrt. (a) . . ¤ · . 119. Be tt enacted by the Senate and House of Representatives of the s§,*;rf§;?n°g`;§· United States of America in Congress assembled, That in all cases q,,,,,,,,Sw,0n, where a settler on the public lands may reside, or have his dwellingand cultivation house upon one quarter section, and cultivate land on another and dif ggggd °¤ ¤¤· ferent- quarter section, such settler may make his election under the act ' to which this is a supplement, to enter either of said quarter sections, or legal subdivisions of each, so as not to exceed one quarter section in all. In eases of Sec. 2. And be it further enacted That in all cases where an inmg;°“;j'g° dividual may have made an improvement on the public land, and had pmsonvywd afterward leased or rented such improvement to another person, who leased or rented WHS m possession Of the same on the |ZW6nty-Second of June, clglllkell

  • 0 °¤°*h°’· hupdred andlthirtty-eight, anddfpr the 'perip}d of four rngnthshnext prece incr or w ren 18 essor an essee oge er occupie suc improvemirt lfurinlgdsaidlfourdmpnths, the ppiipri) who 2r3rd: tsuclh impiipvepnent,

an sorene or ease iesames een1e otherigto preemption, notwithstanding he may have been out of possession of his improvement during said four months or any part thereof Certain lands Sec. 3. And be it further enacted; That every settler on the public ¤5:;·¤¤¤V¤Y¤dr lands, which were not surveyed at the passage of the act to which this is a supplement, and who, since the survey of such public lands has been ascertained to have resided at the date of said act, and for four months preceding, on a sixteenth section, set apart for the support of schools in any township, shall be entitled to enter at the minimum price any other quarter section of the public lands lying in the- same land distrtct, to which no other person has. the right of pre-emption, on making satisfactory proof of his or her residence as aforesaid on such sixteenth section, before the register and receiver of the land office of said distrier. Persons who Sec. 4. And be it further enacted That every person who may have ¤¢;¤gl?gl<;¤;(;¤¤aY been a settler, within the meaning of the act.to which this is a supple- Em hs S,,,,,,,,;)',] ment, on any public land before its selection by any State for the purby any State poses of a seminary of learning, under any act of Congress authorizing f5_1',: ¤¤¤p¤¤¤ry such selection, on satisfactory proof of the facts before the register and ml ng' receiver of the district in which his improvements were situated, shall be permitted to enter at the minimum price, any other quarter section lypng in thesame land district, to which no other person has the right o pre-emption. The nctufzzd Sec. 5. And be it further enacted, That the “Act to rant refiis6g3i?. cha emption rights to settlers on the public lands," approved, Jude twenty- gm gzd Ju‘:;° secind, rgghtgep fhundzeg gud thirty-eight,db§, an? pho same is hereby, 842, con mue in u orce 1 the twenty-secon ayo une eighteen hun- , dred and forty-two; and the right of pre-emption, undef its provisions, cliligpgnogxnre- shall be, and hereby rs, extended to all settlers on the public lands at waged_ the dateof this act, with the same exceptions, whether general or special, and subject to all the limitations and conditions contained in the aboverecited act, and with the explanatory provisions of the preceding sections of this act; and nothing m the last proviso of the act of the twenty- 1838 ch H9 second of June, eighteen hundred and thirty-eight, shall be so construed ¤ · · asvto defeat any right of pre-emption accruing under said act, or under this act, or under any preceding act of Congress, nor shall said preemption claim? be dpfepgeld) by any contingent Choctaw location. rrnovan, une , .

ggtagaggp ppéespggthe acts which have been passed relative to pre·emptions of public lands; act of May