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TWENTY-SEVENTH CONGRESS. Sess. I. Ch. 16. 1841.

So much ofproviso of act22d June 1838,ch. 119, &.c. asdirects reserva-tions, &c. re-pealed.

When morethan one settler,right of pre-emption in thefirst.

Proof of settlement, &c. tobe made to re-gister and re-ceiver.

Oath requiredby personsclaiming the be-nefit of this act.

to more than one pre-emptive right by virtue of this act; no person whois the proprietor of three hundred and twenty acres of land in anyState or Territory of the United States , and no person who shall quit orabandon his residence on his own land to reside on the public land inthe same State or Territory, shall acquire any right of pre-emptionunder this act; no lands included in any reservation, by any treaty,law,or proclamation of the President of the United States , or reserved forsalines, or for other purposes; no lands reserved for the support ofschools, nor the lands acquired by either of the two last treaties with theMiami tribe of Indians in the State of Indiana , or which may be ac-quired of the Wyandot tribe of Indians in the State of Ohio , or otherIndian reservation to which the title has been or may be extinguishedby the United States at any time during the operation of this act; nosections of land reserved to the United States alternate to other sectionsgranted to any of the States for the construction of any canal, railroad,or other public improvement; no sections or fractions of sections in-cluded within the limits of any incorporated town; no portions of thepublic lands which have been selected as the site for a city or town; noparcel or lot of land actually settled and occupied for the purposes oftrade and not agriculture; and no lands on which are situated anyknown salines or mines, shall be liable to entry under and by virtue ofthe provisions of this act. And so much of the proviso of the act oftwenty-second of June, eighteen hundred and thirty-eight, or any orderof the President of the United States , as directs certain reservations tobe made in favor of certain claims under the treaty of Dancing-rabbitcreek, be, and the same is hereby, repealed: Provided, That such re-peal shall not affect any title to any tract of land secured in virtue ofsaid treaty.

Sec. 11. And be it further enacted, That when two or more personsshall have settled on the same quarter section of land, the right of pre-emption shall be in him or her who made the first settlement, providedsuch persons shall conform to the other provisions of this act; and allquestions as to the right of pre-emption arising between different settlersshall be settled by the register and receiver of the district within whichthe land is situated, subject to an appeal to and a revision by the Secre-tary of the Treasury of the United States .

Sec. 12. And be it further enacted, That prior to any entries beingmade under and by virtue of the provisions of this act, proof of the set-tlement and improvement thereby required, shall be made to the satis-faction of the register and receiver of the land district in which suchlands may lie, agreeably to such rules as shall be prescribed by the Se-cretary of the Treasury, who shall each be entitled to receive fifty centsfrom each applicant for his services, to be rendered as aforesaid; andall assignments and transfers of the right hereby secured, prior to theissuing of the patent, shall be null and void.

Sec. 13. And be it further enacted, That before any person claimingthe benefit of this act shall be allowed to enter such lands, he or sheshall make oath before the receiver or register of the land district inwhich the land is situated, (who are hereby authorized to administerthe 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 hundredand 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 sameon speculation, but in good faith to appropriate it to his or her own ex-clusive 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 per-son or persons whatsoever, by which the title which he or she mightacquire from the Government of the United States , should enure inwhole or in part, to the benefit of any person except himself or herself;