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of the United States, or having filed my declaration to becorre a citizer as required by the naturalization laws, as the case may be have, since the first day of June, 1810, to wit, on the
- day of
Li. D,1850, Bettled and improved the quarter section, number
in towoBhip number --, of range number - in the district of lands subject to sale at the land office at -, and containing
acres, which land was subject to prirate entry at the passage of the act of 4t) of Sep: tember, 1811; and I do hereby declare my intention to claim the eaid tract of land as a pre-emption right under the provisions of said act us 4th September, 1811. Given under my hand, this
A. B. In presence of
FOR CASES WHERE THE LAND CLAIMED SHALL HAVE BEEN RENDERED SUB
JECT TO PRIVATE ENTRY SINCE THE DATE OF THE LAW. I, A. B., of being [the bead of a family, or widow, or single man over the age of twenty-one years, as the case may be, & citizen of the United States, or having filed my declaration to become a citizen, as required by the naturalization laws, as the case may be] did, on the
A, D., 185–, settle and improve the quarter of section number in towuship number
of range number in the district of lands subject to sale at the land offic: at taining acres, which land has been rendered subject to private entry since the passage of the act of 4th of September, 1841, but prior to my Bettlement thereon; and I do hereby declare my inte.ition to claim the Baid tract of land as a pre-emption right, under the provisions of said aut of 4th September, 1841. Given under my hand, this day of —, A. D., 186, (Signed)
A. B In presence of
AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIX LNT. I, A. B., claiming the right of pre-emption under tbe provisions of the aut of Congress, entitled “ An act to appropriate the proceeds of the sale of the public lauds, and to grant pre-emption rights.” approved Beptouber 4th, 1841, to the quarter of section number of township number. of range number
subject to sale at do solemoly swear (or affirm, as the case may be] that I have never bed the benefit of any right of pre-emption under this act; that I am not the owner of three hundred and twenty acres of land in any State or Territory of the United States, nor bave I settled upon and improved wid land to sell the same on speculation, but in good faith to appropriate it to my owr exclusive use or benefit; and that I have not directly or indirectly, niade any agreement or contract, in any way ol manner, with any person or persons whatsoever, by which the title which I may acquire from the government of the United States should inure, in whole or in part, to the benefit of any person except myself. (Signed)
A. B. I, C. D., Register, [or E. F., Receiver) of the land office at do bereby certify that the above affidavit was taken and subscribed before ao, this
-, A. D., 1864 (Signed)
C. D., Register. Or, E. F., Receiver
The following is the Act of, Congress on which the foregoing : founded: An Act to appropriate the Proceeds of the Sales of the Public
Lands and to grant Pre-Emption Rights. Sec. 10. And be it further enacted, That from and after the passage of this act, every person, being the head of a family, or widow, or single man over the age of twenty-one years, and being a citizen of the United States, or having filed his declaration of intention to become a citizen, as required by the naturalization laws, who, since the first day of June, A. D. eighteen hundred and furty, has made, or shall hereafter make, a settlement in person on the public lands to which the Indian title had been, at the time of such settlement, extinguished, and which has been or shall have been surveyed prior thereto, and wbo shall inhabit and improve the same, and who has or shall erect a dwelling thereon, shall be, and is hereby authorized to enter with the register of the land office, for the district in wbich such land may lie, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter. section of land, to include the residence of such claimant, upon paying to the United States the minimum price of such land, subject, however, to the following limitations and exceptions : No person shall be entitled to more than one pre-emptive right by virtue of this net; 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 preemption under this act: no lands included in any reservation, by any treaty, law, or proclamation of the President of the United States, or reserved for salínes, or for other purposes; no lands reserved for the support of schools, nor the lands acquired by either of the two last treaties will the Miami tribe of Indians in the State of Indiana, or which may De acquired of the Wyandot tribe of Indians in the State of Ohio, or other Indian reservation to which the titie has been or may be extinguished by the United States at any time during the operation of this act; no sections of land reserved to the United States alternate to other sections granted to any of the States for the construction of any canal, railroud, or other public improvement; no cections or fractions of sections included within the limits of any incorporated towD; no porti na of the pub.ic lands which have been selected as the site for & city or town; no parcel or lot of land actually settled ard occupied for the purposes of trade and not agriculture ; and no lands on which are situ. ated any
known salir.es or mines, shall be liable to entry under and by virtu : of the provisione of this act. And so much of the proviso of the act of twenty-second of June, eighteen hundred and thirty-eight, or any order of the President of the United States, as directs certain reservations to be made in favor of certain claims under the treaty of Dancingrabbit creek, be, and the same is bereby repealed : Provided, That such repeal shall not affect any title to any tract of land secured in virtue of said treaty.
Sec. 11. And be it further enacted, That woen two or more persona shall have settled on the same quarter-section of land, the right of preemption shall be in him or her who made the first settlement, provided such persons shall conform to the other provisions of this act; and all questions as to the right of pre-emption arising between different settlers shall be settled by the register and receiver of the district within which the land is situated, subject to an appeal to and a revision by the Secretary of the Treasury (Interior) of the United States.
SEC. 12. Anil be it further enacled, That prior to any entries being made under and by virtue of the provisions of this act, proof of the set tlement and improvement thereby required shall be made to the satisfaction of the register and receiver of the land district in which suck lands may lie, agreeably to such rules as shall be prescribed by the Secretary of the Treasury, (Interior,] who shall each be entitled to receive fifty cents from each applicant for bis services, to be rendered as aforesaid ; and all assignments and transfers of the right hereby secured, prior to the issuing of the patent, shall be null and void.
Sec. 13. And be it further enacted, That before any person claiming the benefit of this act shall be allowed to enter such lands, 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, that he or she has never had the benefit of any right of pre emption under this act; that he or she is not the owner of three hun. dred 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 speculation, but in good faith to appropriate it to his or her own exclusive use or benefit; and that he or she has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he or she loight acquire from the goverament of the United States should ingre, in whole or in part, to the benefit of any person except himself or herself; and if any person taking such oath shall swear falsely in the premises, be or she shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he 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 fide purchasers, for a valuable consideration, shall be pull and void. And it shall be the duty of the officer administering such onth to file a certificate thereof in tlie public land office of such district, and to transmit a duplicate copy to the General (qud Office: either or
which shall be good and sufficient evidence that such oath was adnuo stered according to law.
Sec. 14. And be it 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 been, or may be appointed ly the proclamation of the President; nor shall the provisions of this act be available to any person or persons who shall fail to make the proof and paymert and file the afidavit required, before the day appointed for the commenco11.ont of the sales as aforesaid.
Sec. 15. And be it further enacted, That whenever any person has settled or shail settle and improve a tract of land, subject at the time of settlement to private entry, and shall intend to purchase the same under the provisions of this act, such person shall, in the first caso, 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 district a written statement describing the lande settled upon, and declaring the intention of such person to claim the same under the provisions of this act: and shall, where such settlement is already made, within twelve months after the passage of this act, and where it shall hereafter be made, within the same period after the date of such settlement, make the proof, aftidavit. and payment herein required; and if he or she shall fail to file such written statement as aforesaid, or shall fail to make such affidavit, proof, and payment within twelve months aforesaid, the tract of land so settled and im proved shall be subject to the entry of any other purchaser.
Approved September 4, 1841.
The act of Congress of the 26th Augnet, 1842, entitled “ Ån act io confirm the sale of public lands in certain cases," contains the follow. ing declaration, viz: • That the act of fourth September, eighteen hundred and forty-one, entitled . An act to appropriate the proceede of the sales of public lands, and to grant pre-emption rights,' shal be so construed as not to confer on any one a right of pre-emption, by reason of a settlement made on a tract heretofore sold under a prior pre-emption law, or at private entry, when such prior pre emption or entry has not been contirmed by the General Lund Office, on account of any alleged defect therein, and when such tract has passed into the hands of an innocent and bona fide purchaser."
No entry will, therefore, be permitted, by virtue of the act of 4th September, 1841, of any tract of land sold prior to 26th August of that year, whether by pre-emption or private entry, where such entry has been rejected by the Gereral Land Office at Washington; provided the land so purchased has, prior to that time, “ passed into the handa of an innocent bona fide purchaser."
Ail transfers or assignments to third persons are presumed to be lo innocent and bona fide purchasers,” unless the contrary is shown og satisfactory evidence.
The Register of every land office will require of every clnimant satisfactory proof that he had not left his own land in the same Stute or Territory," to make the settlement hy virtue of which he claims a right under the act of 4th September, 1841.
Lands subject to private entry, at the time of the settlement thereon
cannot be entered by the settler, under the law of 4th September, unless be shall file a declaratory statement, such as the 15th section of the act requires, and in due time produce the necessary proof of his right and make the affidavit required by the law.
Where such settler, instead of entering the land, as he might, at private entry, elects to enter the same under the provisions of the law of 4th September, 1841, (whereby he obtains a year's time from the date of the settlement to make the payınent.) he is bound to comply with all the requirements of that law. A failure to lo so, in regard to any of these requirements, renders the laud subject to the entry " of any other purchaser.” Instances have transpired where persons filed the declaratory statement, as required, without any i.nprovements hav. ing been made, merely with a view of keeping the land from being entered by any other person for a year, intending i ear the expiration of that time to abandon their pretended pre-emption claim, and enter the same at private entry. The consummation of all euch cases must be prevented by the land agent, wbo is authorized to exact a rigid compliance with all the provisions of the law, as above directed.
A claimant is bound to prove his right to, and enter all the land embraced by his declaratory statement, if liable to the operation of the act.
Declaratory statements are required only “ for land subject to private entry," at the time of settlement, and they will not be received, if presented for any other land ; nor will they be received for fortykere* lots, unless they are “ residuary” ones, such minor subdivisions, with the exception of residuaryť traets, not being liable to the operation of the act of 4th September, 1841. The law provides only for settlements made since 1st June, 1840. Where, ther, fore, parties have made settlements prior to that time, and bave not availed themselves of the privileges of the pre-emption act of 1st June, 1840, their owo negloct has deprived them of any right of pre-emption founded on such settlements.
The proof filed by every claimant, must show the time I of the cornmencement of seltlement.
The affidavit of the claimant required by the 18th section of the act must be taken “before the Register or Receiver of the land district in which the land is situated” before an entry is permitted, and must be of the same date with the certificate of entry. An affidavit before any other person will not justify the land agent in permitting the entry f the land claimed.
The law confers only on the first settler the right of pre-emption The question of priority will, in all cases, be decided hy the land agent.
• By an act of 8th May, 1846, forty-acre tracts, whether of "offered" or offere 1" land, are rendered subject to pre-emption.
Where an entry bas been made of one fortr-a 're lot of a l gal righty acre subdirision, in virtue of the act of 5th April, 1832. entitled “As act supplementary to the several laws for the sale of the public lands." the con guous forty-acre lot of such legal subuivision is called the "sewiduary quarter-quarter."
This date is all important for the purpose of determining in all cases whethor the settlement was made within the proper time, and in tho e where the door lory statement is required, whother such statement was flod in duo sous04, and to entry made withiu the legal poriod after the settlement.