A person who has once availed himself of the provisions of this ao cannot, at any future period, or at any other land office, acquire another right under it.

No person who is the proprietor of three hundred and twenty acres of and in any State or Territory of the United States, is entitled to the benefits of this act.

No person who shall que or abandon his residence on his own land to reside on the public land in the same State or Territory, is entitled to the benefits of this act.

No pre-emption right exists by reason of a settlement on and inhabi tancy of a tract, unless at the date of such settlement the Indian title thereto had been extinguished, and the land surveyed by the United States.

The approval of the flat is the evidence of the legality of the survey; but in accordance with the spirit and intent of the law, and for the purpose of bringing the settler within its provisions, the land is to be construed as surveyed, when the requisite lines are run on the field and or the corners established by the deputy surveyor.

No assignments or transfers of pre-emption rights can be recognised. The patents must issue to the claimants, in whose names alone all entries must be made.

Sundry Descriptions of Land which are exempted from the Operations of this Act.

First. Lands included in any reservation by any treaty, law, or proc. amation of the President of the United States, and lands reserved for salines and for other purposes.

Second. Lands reserved for the support of schools.

Third. Lands acquired by either of the two last treaties with the Miami tribe of Indians in the State of Indiana, or which may be acquired of the Wyandot tribe of Indians in the State of Ohio, or other Indian reservation to which the title has been or may be extinguished by the United States at any time during the operation of this act.

Fourth. Sections of land reserved to the United States, alternate to other sections granted to any of the States for the construction of any canal, railroad, or other public improvement.

Fifth. Sections or fractions of sections included within the limits of any incorporated town.

Sixth Every portion of the public lands which has been selected as a site for a city or town.

Seventh Every parcel or lot of land actually settled and occupied for the purposes of trade, and not agriculture.

Eighth. All lands on which are situated any known salines or mines.

Persons claiming the benefit of this act are required to file duplicate affidavits, such as the law requires, and to furnish proof by one or more disinterested witnesses, of the facts necessary to establish the three requisites pointed out in the commencement of these instructions.

The witnesses are to be first duly sworn or affirmed to speak the

truth, and the whole truth, touching the subject of inquiry, by some officer competent to administer oaths and affirmations.

In case adverse claims shall be made to the same tract, each claimant must be notified of the time and place of taking testimony, and allowed the privilege of cross-examining the opposite witnesses, and of producing counter proof, which should also be subject to crossexamination.

When, by reason of distance, sickness, or infirmity, the witnesses cannot come before the Register of the Land Office, the latter is author ized to receive their depositions; which must be, in all other respects conformable to the with in regulations.

The notice to adverse claimants should be in writing, and should be served in time to allow at least a day for every twenty miles the party may have to travel in going to the place of taking evidence. The proof, in all cases, should consist of a simple detail of facts merely, and not of statements in broad or general terms.

The witnesses must state, if the pre-emptor be the "head of a family," the facts which constitute him such, whether a husband having a wife and children, or a widower, or an unmarried person under twentyone years of age, having a family, either of relatives or others depending upon him, or hired persons, or slaves.

All the facts respecting the settlement in person, inhabitancy or personal residence, the time of commencement, the manner and extent continuance, as well as those showing the apparent objects, should be stated.

It must be stated that the claimant made the settlement on the land in person; that be has erected a dwelling upon the land; that the claimant lived in it, and made it his home, &c. Should the land officer decide against a claimant, he may appeal to the commissioner of the land office at Washington. The affidavit of the &c., is not required. that prescribed by the annexed)

claimant in reference to the fact of settlement, The only affidavit required of the claimant is 13th section of the act. (See form C, hereunto

No entry must be permitted until this affidavit is taken. Duplicates thereof must be signed by the claimant, and the fact of the oath being taken must be certified by the Register or Receiver administering it; one copy to be filed in the Register's office, and the other to be transmitted to the land office at Washington.

Declaratory Statements of a Settler on Land Subject to Pri. vate Entry at the Date of Settlement, required by the Fifteenth Section of the Act of 4th Sept., 1841.

FORM A.

POR CASES WHERE, AT THE DATE OF THE LAW, THE LAND CLAIMED WAS SUBJECT TO PRIVATE ENTRY.

1, A. B., of

-, being [the head of a family or widow, or single man over the age of twenty-one years, as the cave may be, and a citizeo

--

of the United States, or having filed my declaration to become a citizer as required by the naturalization laws, as the case may be have, since the first day of June, 1840, to wit, on the day of- A. D, 185-, Bettled and improved the quarter section, number --, in townin the district of lands sub- and containing

ship number --, of range number jeet to sale at the land office at acres, which land was subject to private entry at the passage of the act of 4th of Sep. tember, 1841; and I do hereby declare my intention to claim the said tract of land as a pre-emption right under the provisions of said act of 4th September, 1841.

Given under my hand, this (Signed)

In presence of

day of A. D.,

186-.

A. B.

C. D.

FORM B.

FOR CASES WHERE THE LAND CLAIMED SHALL HAVE BEEN RENDERED SUB JECT TO PRIVATE ENTRY SINCE THE DATE OF THE LAW.

quarter of and con

I, A. B., of being [the head of a family, or widow, or single man over the age of twenty-one years, as the case may be, a 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 day of A, D., 185-, settle and improve the section number in township 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 settlement thereon; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under the provisions of said act of 4th September, 1841.

Given under my hand, this (Signed)

day of A. D., 186-.

A. B.

In presence of

C D.

FORM C.

AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIMANT.

of

I, A. B., claiming the right of pre-emption under the provisions of the ast of Congress, entitled "An act to appropriate the proceeds of the sale of the public lauds, and to grant pre-emption rights," approved September 4th, 1841, to the quarter of section number township number. of range number - subject to sale at do solemnly swear [or affirm, as the case may be] that I have never had 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 have I settled upon and improved said land to sell the same on speculation, but in good faith to appro priate it to my owr exclusive use or benefit; and that I have not di

rectly or indirectly, made any agreement or contract, in any way of 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 hereby certify that the above affidavit was taken and subscribed befor me, this day of, A. D., 186—.

(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 forty, 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 who 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 which such land may lie, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quartersection 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 act; 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 salines, or for other purposes; no lands reserved for the support of schools, nor the lands acquired by either of the two last treaties with 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 extin guished 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, railroad, or other public improvement; no sections or fractions of sections included within the limits of any incorporated town: no porti ɔne

of the pub. ic lands which have been selected as the site for a 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 salires or mines, shall be liable to entry under and by virtue of the provisions 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 hereby 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 waen 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. And be it further enacted, 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 such 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 his 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 preemption under this act; that he or she is not the owner of three hundred 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 might acquire from the government of the United States should inure. 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, he 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 null and void. And it shall be the duty of the officer administering such onth to file a certificate thereof in the public land office of such district, and to transmit a duplicate copy to the General Iud Office either of