Page:Oregon Historical Quarterly vol. 5.djvu/200

 190 PETER H. BURNETT. Art. IV. No person shall be entitled to hold such a claim upon city of town lots, extensive water privileges, or other situation necessary for the transaction of mercantile or manufacturing operations: Provided, That nothing in these laws shall be so construed as to affect any claim of any mis- sion of a religious character made prior to this time, of any extent not more than six miles square. Our committee passed the following act, June 25, 1844: An Act in relation to Land Claims. Section 1. That all persons who have heretofore made, or shall hereafter make, permanent improvements upon a place, with a bona fide intention of occupying and holding the same for himself, and shall continue to occupy and cultivate the same, shall be entitled to hold six hundred and forty acres, and shall hold only one claim at the same time: Provided, A man may hold town lots in addition to his claim. Sec. 2. That all claims hereafter made shall be in a square form, if the nature of the ground shall permit; and in case the situation will not permit, shall be in an oblong form. Sec. 3. That in all cases where claims are already made, and in all cases where there are agreed lines between the parties occupying adjoining tracts, such claims shall be valid to the extent of six hundred and forty acres, although not in a square or oblong form. Sec. 4. That in all cases where claims shall hereafter be made, such permanent improvements shall be made within two months from the time of taking up such claim, and the first settler or his successor shall be deemed to hold the prior right. Sec. 5. That no person shall hold a claim under the pro- visions of this act except free males over the age of eighteen, who would be entitled to vote if of lawful age, and widows: Provided, No married man shall be debarred from holding a claim under this act because he is under the age of eighteen. Sec. 6. That all laws heretofore passed in regard to land claims be and the same are hereby repealed. Sec. 7. That all persons complying wi.th the provisions of this act shall be deemed in possession to the extent of six hundred and forty acres, or less, as the case may be, and shall have the remedy of forcible entry and detainer against in- truders, and the action of trespass against trespassers. On December 24. 1844, we passed the following explanatory and amendatory act: