Page:United States Statutes at Large Volume 5.djvu/657

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TWENTY-SEVENTH CONGRESS. Sess. III. Ch.87. 1843; 621 Sec. 7. And be it futher enacted, 'Ilhat where a settler on the pub- Settlers resid. lic lands may reside On H q¤¤1‘t€1‘ SBGUGH, 8 fractional quarter section, ingvn <>pcquer• or a fraction of a section less than one hundred and sixty acres, and ‘°‘] F°“‘.'°”·““** cultivated land on any other and different tract of either of the descrip— tions aforesaid, he or she shall be entitled, under the act of June twenty. to a choice. two, one thousand eight hundred and thirty-eight, to the same privileges 1838· °h· H9· of a choice between two legal subdivisions of each, so as to include his or her house and farm, not to exceed one hundred and sixty acres in all, as is granted, by the first section of that act, to settlers residing on a quarter section, and cultivating on another and different quarter. Sno, 8. And be it fcrlher enacted, That where two or more persons IH ¤¤¤¤ of two me residing on any of the species of tracts specified in section seven of ,‘f;S,?Q$"l;'f_'f,‘:,'f this act, as required by the acts of the twenty-second of June, one thou· qumeigsecriou, sand eight hundred and thirty-eight, and first of June, one thousand ¤¤d¤¤¢¤f¤!¤f¤ eight hundred and fo,rty, and any one or more of said settlers may have cultivated land during the period of residence required by either of said I acts, on another and different tract, or other and different tracts, the latter mentioned settlers shall be entitled to the option of entering the tract lived on, jointly with the other or others, or of abandoning the tract lived on to those who have not cultivated land as above required, and entering the tract or tracts cultivated, so as not to exceed one hundred and sixty acres to any one settler, who, by virtue of this section, is entitled to a separate entry ; or such joint settlers may jointly enter the tract so jointly occupied by them, and in addition enter other coutiguous unoccupied lands, by legal subdivisions, so as not to exceed one hundred and sixty acres in all to each of such joint settlers: Provided, Pyqytw, That the extended privileges granted to pre-emptors by this act, shall not be construed to deprive any other actual settler of his or her previous and paramount right of pre-emption, or to extend to lands reserved for any purpose whatever. Sec. 9. And be it _;Gn·thm· enacted, That_a]l persons coming within _Perspng comthe tenth section of the act of the fourth of September, eighteen hundred 2,% ”é’:·_ and forty-one, entitled “An act to appropriate the proceeds of the sales ,,,,},be,_ MLP 0f the public lands, and to grant pre-emption rights," shall be entitled eh. 16, entitled to the right of pre-emption under its provisions, notwithstanding such ‘° P'°‘°ml‘“°°· persons claiming the pre-cmption shall have settled upon and improved the lands claimed before the same were surveyed: Provided, Such set- Proviso. tlements were made before the date of the aforesaid act, and after the extinguishment of the Indian title. And said act shall not be so construed as to preclude any person who muy have filed a notice of intention to claim any tract of land by pre-emption under said act, from the right allowed by law to others to purchase the same by private entry after the expiration of the right of pre-emption. Ammovmn, March 3, 1843. _""' Scurvmz III. CHAP. LXXXVII. .-An Aut to provide, in ecrlain cases, for the sale of the rw! Mud, 3, mm _ estate of infants within the District of Columbia. ...---—- Be it enacted by the Senate and House of Representative; of the United States of America in Congress assembled, That when thé g¤RY· when a grim-. dian of any infant shall think that the interest of his or her ward will he dian ihéglrsn w pFOH1ct6d by the sale of his or her real estate, or any part thBl'80£_1t ;::,`;';,,,,H,l?.,f shall be lawful for such guardian to exhibit his bill for that pul'p¤SB,.l¤ may exhibit nr the circuit court of the District of Columbia, for that county in which billfortbntpurr U18 real estate proposed to be sold, or part thereof, shall, lie. In the bill p°`§,°};,,, ,0 mt S0 Gxhibited, the guardian shall set forth, plainly and dlstmctly, all lllé {mh, estate, real and personal, to which such infant is entitled, ands]! the facts which, in his opinion, are calculated to show whether the interest of his ward will be promoted by such sale or not. The bill shall bc