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 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 enure 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 oath to file a certificate thereof in the public land office of such district, and to transmit a duplicate copy to the General Land Office, either of which shall be good and sufficient evidence that such oath was administered 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 by 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 payment, and file the affidavit required before the day appointed for the commencement of the sales as aforesaid.

SEC. 15. And be it further enacted, That whenever any person has settled or shall 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 case, 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 land 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, affidavit, 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 the twelve months aforesaid, the tract of land so settled and improved shall be subject to the entry of any other pur

chaser.

SEC. 16. And be it further enacted, That the two per cent. of the nett proceeds of the lands sold, or that may hereafter be sold by the United States in the State of Mississippi, since the first day of December, eighteen hundred and seventeen, and by the act entitled "An act to enable the people of the western part of the Mississippi Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States," and all acts supplemental thereto reserved for the making of a road or roads leading to said State, be, and the same is hereby relinquished to the State of Mississippi, payable in two equal instalments; the first to be paid on the first of May eighteen hundred and forty-two, and the other on the first of May eighteen

hundred and forty-three, so far as the same may then have accrued, and quarterly, as the same may accrue, after said period: Provided, That the Legislature of said State shall first pass an act, declaring their acceptance of said relinquishment in full of said fund, accrued and accruing, and also embracing a provision, to be unalterable without the consent of Congress, that the whole of said two per cent. fund shall be faithfully applied to the construction of a railroad, leading from Brandon, in the State of Mississippi, to the eastern boundary of said State, in the direction, as near as may be of the towns of Selma, Cahaba, and Montgomery in the State of Alabama.

SEC. 17. And be it further enacted, That the two per cent. of the nett proceeds of the lands sold by the United States, in the State of Alabama, since the first day of September eighteen hundred and nineteen, and reserved by the act entitled "An act to enable the people of the Alabama Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States" for the making of a road or roads leading to the said State, be, and the same is hereby relinquished to the said State of Alabama, payable in two equal instalments, the first to be paid on the first day of May eighteen hundred and forty-two, and the other on the first day of May, eighteen hundred and forty-three, so far as the same may then have accrued, and quarterly, as the same may thereafter accrue: Provided, That the Legislature of said State shall first pass an act declaring their acceptance of said relinquishment, and also embracing a provision, to be unalterable without the consent of Congress, that the whole of said two per cent. fund shall be faithfully applied, under the direction of the Legislature of Alabama, to the connection, by some means of internal improvement, of the navigable waters of the Bay of Mobile with the Tennessee river, and to the construction of a continuous line of internal improvements from a point on the Chattahoochie river, opposite West Point, in Georgia, across the State of Alabama, in a direction to Jackson in the State of Mississippi. Approved, September 4, 1841.*

ABSTRACT OF LAWS GRANTING PRE-EMPTION OF PUBLIC LANDS.-Purchasers under John Cleves Symmes. Act of March 2, 1799, ch. 34. Act of March 3, 1801, ch. 23. Act of May 1, 1802, ch. 44. Act of March 3, 1803, ch. 21, secs. 4, 5.(a)

Pre-emption of lands granted to persons erecting grist or saw-mills. Act of May 10, 1800, ch. 55, sec. 16.

Mississippi.-Act of March 3, 1803, ch. 27, sec. 3.

Act of April 21, 1806, ch. 39, secs. 2, 7. Act of March 3, 1807, ch. 36, sec. 8. Act of April 22, 1826, ch. 28, sec. Act of May 28, 1830, ch. 146, sec. 3.

5.

Tennessee.-Act of April 18, 1806, ch. 31.

Ohio.-Act of April 21, 1806, ch. 39. Act of May 15, 1820, ch. 135.

Michigan.-Act of April 25, 1808, ch. 67, sec. 3.

Louisiana.-Act of February 15, 1811, ch. 14, sec. 5. Act of April 29, 1816, ch. 162. Act of March 3, 1819, ch. 86, sec. 4. Act of June 15, 1832, ch. 140. Act of June 28, 1834, ch. 125. Act of February 24, 1835, ch. 24.

Illinois.-Act of February 5, 1813, ch. 20. Act of April 26, 1816, ch. 101, sec. 6. Act of April 16, 1814, ch. 61, sec. 4. Act of February 27, 1815, ch. 63, secs. 3, 4. Missouri.-Act of April 12, 1814, ch. 52, sec. 5. Act of March 3, 1819, ch. 86, secs. 2, 3. Act of April 29, 1816, ch. 162. Act of July 9, 1832, ch. 180, secs. 3. Arkansas.-Act of May 26, 1824, ch. 154. Further time given for filing of claims to pre-emption rights. Act of July 14, 1832, ch. 246. Alabama.-Act of April 22, 1826, ch. 28. Florida.-Act of April 22, 1826, ch. 28.

Settlers on public land. Act of May 29, 1830, ch. 208. Act of July 14, 1832, ch. 246. Act of March 2, 1833, ch. 92. June 22, 1838, ch. 119.

(a) The chapters herein referred to are those of the Statutes at Large.

No. 49.-An Act to provide for the early disposition of the lands lying in the State of Alabama, acquired from the Cherokee Indians by the treaty of twenty-ninth of December, eighteen hundred and thirty-five.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory

Settlers in the Salt Lick Reservation, in Tennessee. Act of March 3, 1839, ch. 178. Supplement to the Act of June 22, 1838, ch. 119, to grant pre-emption rights to settlers on public lands. June 1, 1840, ch. 32.

An Act to appropriate the proceeds of the sales of public lands, and to grant preemption rights. September 4, 1841, ch. 16.

An Act to perfect the titles to lands south of the Arkansas river, held under New Madrid locations, and pre-emption rights, under the act of one thousand eight hundred and fourteen. March 1, 1843, ch. 50.

An Act to authorize the investigation of alleged frauds under the pre-emption laws, and for other purposes. March 3, 1843, ch. 86.

An Act for the relief of the citizens of towns upon the lands of the United States, under certain circumstances. May 23, 1844, ch. 17.

An Act granting a section of land for the improvement of Grant river, at the town of Potosi, in Wisconsin Territory. June 15, 1844, ch. 50.

An Act to confirm certain entries of land in the St. Augustine Land District, in the Territory of Florida, made under the pre-emption law of 22d June, 1838. June 15, 1844, ch. 74.

An Act to grant the right of pre-emption to actual settlers on the lands acquired by treaty from the Miami Indians in Indiana. August 3, 1846, ch. 77.

An Act providing for the adjustment of all suspended pre-emption land claims in the several States and Territories. August 3, 1846, ch. 78.

An Act to extend an act entitled "An act providing for the adjustment of all suspended pre-emption land claims in the several States and Territories," approved third August eighteen hundred and forty-six. July 17, 1848, ch. 101.

An Act to grant the right of pre-emption to certain purchasers and settlers on the "Maison Rouge Grant," in the event of the final adjudication of the title in favor of the United States. January 27, 1851, ch. 2.

An Act for the settlement of certain classes of "private land claims" within the limits of the "Baron De Bastrop Grant," and for allowing pre-emptions to certain actual settlers, in the event of the final adjudication of the title of the said De Basstrop in favor of the United States. March 3, 1851, ch. 26.

An Act to make land warrants assignable and for other purposes. March 22, 1852, ch. 19. This act authorizes the location of warrants on pre-emption claims. An Act to grant to certain settlers on the Menomonee Purchase, North of Fox River, in the State of Wisconsin, the right of pre-emption. May 27, 1852, ch. 43. An Act to protect actual settlers upon the land on the line of the Central Railroad and branches, by granting pre-emption rights. August 2, 1852, ch. 78.

An Act to extend pre-emption rights to certain lands therein mentioned. March 3, 1853, ch. 143.

An Act to provide for the survey of the public lands in California, the granting of pre-emption rights therein, and for other purposes. March 3, 1853, ch. 145.

An Act to revive and continue in force for a limited time the provisions of an act relative to suspended entries of public land. March 3, 1853, ch. 152.

An Act for the extension of the pre-emption privilege in the State of California. March 1, 1854, ch. 17.

An Act for the relief of settlers on lands reserved for rail-road purposes. March 27, 1854, ch. 25.

An Act to amend the act approved September twenty-seven, eighteen hundred and fifty, to create the Office of Surveyor General of the public lands in Oregon, etc., and also the act amendatory thereof, approved February nineteen [fourteenth] eighteen hundred and fifty-three. July 17, 1854, ch. 84.

An Act to establish the Offices of Surveyor-General of New Mexico, Kansas and Nebraska, to grant donations to actual settlers therein, and for other purposes. July 22, 1854, ch. 103.

An Act to graduate and reduce the price of the public lands, to actual settlers and cultivators. August 4, 1854, ch. 244.

An Act to extend the right of pre-emption over unsurveyed lands in Minnesota, and for other purposes. August 4, 1854, ch. 249.

acquired from the Cherokee Indians by the treaty of New Echota of twentyninth December, eighteen hundred and thirty-five, within the State of Alabama, which lies west of the line dividing ranges two and three east of the basis meridian of Huntsville, shall be added to and form a part of said district; and all the territory acquired by the said treaty within the said State not attached to the Huntsville district, as above described, shall be annexed to and form a part of the Coosa land district, in said State.

SEC. 2. And be it further enacted, That the land office for the Coosa land district, at present located at Mardisville, shall be removed to Lebanon, in the county of De Kalb.

Approved, March 4, 1842.

No. 50.-An Act to authorize the Governors of the States of Illinois, Arkansas and Missouri to cause to be selected the lands therein mentioned.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the eighth section of the act entitled "An act to appropriate the proceeds of the sales of the public lands, and to grant pre-emptions," approved September fourth, eighteen hundred and forty-one, as provides that the selections of the grants of land made to the several States, therein mentioned, for the purposes of internal improvement, shall be made, respectively, in such manner as the Legislatures thereof shall direct, is so far modified as to authorize the Governors of the States of Illinois, Arkansas and Missouri to cause the selec

An Act extending, in certain cases, the provisions of the act entitled "An act to extend pre-emption rights to certain land therein mentioned," approved March third eighteen hundred and fifty-three. March 2, 1855, ch. 134.

An Act to amend the act approved twenty-sixth August, eighteen hundred and fifty-two, entiled, "An act to reduce and define the boundaries of the Military Reserve at St. Peter's River, in the Territory of Minnesota," and for other purposes. March, 2, 1855, ch. 135.

An Act making appropriations for the service of the Post Office Department during the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-six. March 3, 1855, ch. 201.

An Act to revive and continue in force the provisions of the act of 1853, in relation to "suspended entries of public lands," and the act of 1846, in relation to "suspended pre-emption land claims." June 26, 1856, ch. 47.

An Act making appropriations for the service of the Post Office Department during the fiscal year ending the thirtieth of June eighteen hundred and fifty-eight, (sec. 12.) March 3, 1857, ch. 96.

A Resolution relative to sections sixteen and thirty-six, in the Territories of Minnesota, Kansas and Nebraska. March 3, 1857, p. 254, vol 11, Statutes at Large.

An Act to amend an act entitled "An act to authorize the President of the United States to cause to be surveyed the tract of land, in the Territory of Minnesota, belonging to the half-breeds or mixed bloods of the Dacotah or Sioux Nation of Indians, and for other purposes," approved seventeenth July eighteen hundred and fifty-four. May 19, 1858, ch. 43.

An Act for the relief of Isaac Drew and other settlers upon the public lands in the State of Wisconsin. May 24, 1858, ch. 45.

An Act for the relief of settlers on certain lands in the State of Illinois. June 11, 1858, ch. 146.

An Act to authorize settlers upon sixteenth and thirty-six (th) sections, who settled before the surveys of the public lands, to pre-empt their settlements. February 26, 1859, ch. 58.

An Act for the relief of certain settlers on the public lands in the State of Wisconsin. June 9, 1859, ch. 133.

tions to be made for those States without the necessity of convening the Legislatures thereof for that purpose.

Approved, March 19, 1842.

No. 51.—An Act to confirm certain entries of lands in the State of Louisiana, and to authorize the issuing of patents for the same.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the entries of the following described tracts of land permitted to be made by the register and receiver at Ouachita, in the land district north of Red river, in the State of Louisiana, to wit: Lot number five, of section thirty-eight, and lots numbers one, two, five, and six, of section forty-five, and lots numbers three and four, of section forty-five and lots numbers three, four, and five, of section forty-six, and lots numbers two, three, six, seven, eleven, twelve, thirteen, and fourteen, of section forty-eight, all said lots being in township number thirteen, of range number twelve east, in the said land district north of Red river, in the State of Louisiana, be, and the same are hereby, confirmed and declared to be good and valid; and patents shall issue thereon as in other cases of good and valid entries, and certificates of purchase, any law to the contrary notwithstanding.

Approved, April 14, 1842.

No. 52.-An Act relative to the act entitled, "An act granting lands to certain exiles . from Poland," approved, thirtieth June, eighteen hundred and thirty-four.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acts now in force for the sale of the public lands, and granting pre-emption rights to actual settlers, be, and the same are hereby, declared to extend to, and include, the lands selected in townships forty-four, forty-five, and forty-six, north of the base line, range one east, of the third principal meridian, lying in the State of Illinois, by Lewis Clopicki, under color of the act entitled, "An act granting lands to certain exiles from Poland." The said selections not having been made in pursuance of the provisions of said act, which act is hereby declared to be in full force, for the benefit of said Polish exiles. Approved, April 14, 1842.

No. 53.-An Act to amend an act entitled "An act to carry into effect, in the States of Alabama and Mississippi, the existing compacts with those States with regard to the five per cent. fund and the school reservations."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the second section of the act entitled "An act to carry into effect, in the States of Alabama and Mississippi, the existing compacts with those States in