Page:United States Statutes at Large Volume 18 Part 1.djvu/487

 Trrr.1: xxxrr.—THE PUBLIC LANDS.—Cr1. 4. 415 Second. Lands included within. the limits of any incorporated town, 12 -7**1-» 1877- ¢- or selected as the site of a city or town. l8· "- 1*% 1**221- Third. Lands actually settled and occupied for purposes of trade and XVi]g0x ,·_ Jack. business, and not for agriculture. son, 13 Pet., 498; Fourth. Innds on which are situated any known salines or mines. {0*::3 "hU· g-wl Turner r-. AmericanBa tist T i n, 1 ·, ; I .r·,' ll, ` 6 McLean' 517; Rumenpr- o Hgm. 344 I S Railroad Bridge Co npany, Sec. 2259. Every plerson, being the head of a family, or widow, or Persons entitled single person, over the age of twenty-one years, and a citizen of the *0 P’°‘°mP“°¤- United States, or having filed a declaration of intention to become such, "”"* as required by the naturalization laws, who has made, or hereafter makes, ],,4,,S{·°€t;g841_{5§‘ a settlement in person on the public lands subject to pre-emption, and  JJM, Lii}4 C; who inhabits an improves the same, and who has erected or shall erect 400, A18, p. 194;. a dwelling thereon, is authorized to enter with the register of the land- 28 D"-- 187*% ¢· office for the district in which such land lies, by legal subdivisions, any 10s;' E,] p',?;" number of acres not exceeding one hundred and sixty, or a quarter-sec- 99, ,-_ 13, 334_' c` tion of land, to include the residence of such claimant, upon paying to 21 Apr-rl,1876,¤. the United States the minimum price of such land. 72§*§}9»P,g;;_ 123, r. 19,  404. 3 Mar., 1877, c. 127, 1-. 19, p. 405.-U. S. 1-. Fitzgerald, 1lbr.T’et.,'d0;i Lytle r-. Ar ansas, 9 How., 333; Cunningham 1-. Ashley, 14 How., 377; Bama;-dl; Hein r. Ashley’s Heirs, 18 How., 4-l; Garland v. Wynn, 20 How., 6; Harkness 1-. Underhill 1 Bl., 325; Witherspoon v. Duncan, 4 \Vall., 218. ’ Sec. 2260. The following classes of persons, unless otherwise specially _·Per-sons not enprovided for by law, shall not acquire any right of pre—emption under the :3**9 *0 P¤>·°¥¤P· provisions of the preceding section, to wit: E‘;______ First. No person who is theproprietor of three hundred and twenty 4 Serf-. 1841, c- acres of land in any State or Territory. 16- ’·1°·"·5·P·455· Second. No person who uits or abandons his residence on his own land to reside on the publicflands in the same State or Territory. Sr-zc. 2261. No person shall be entitled to more than one pre-emptive Limitation of right by virtue of the provisions of section twenty-two hundred and fifty- P'°·€mR¤<>¤ Fight nine; nor where a party has tiled his declaration of intention to claim 164 §%P*·» 1841»°· the benefits of such rovisions, for one tract of land, shall he file, at any é°M;,,v‘%8l;;52‘ future time, a second declaration for another tract. gg, S_ 4, Q5, p_ ($20; Sm. 2262. Before any person claiming the benefit of this chapter is _Oathoipre-e¤;§- allowed to enter lands, he shall make oath before the receiver or register *'°'““·Wh°T°m · of the land—district in which the land is situated that he has never had pELn_n_ the benefit of any right of pre—emption under section twenty-two hun- 4 SGPM, 1841. c- dred and nfty-nine; that he is not the owner of three hundred and 16*’·13·"·5·P·456· twenty acres of land in any State or Territory; that he has not settled upon and improved such land to sell the same on speculation, but in ‘ good faith to appropriate it to his own exclusive use; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person whatsoever, bv which the title which he might acquire from the Government of the United States should inure in whole‘or in part to the benefit of any person except himself; and if any person taking such oath swears falsely in the lpremises, he shall forfeit the money which he may have paid for such and, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona-tide purchasers, for a valuable consideration, shall be null and void, except as lprovided in section twenty- two hundred and eighty-eight. And it sha be the duity of the officer administering such oath to file a certificate thereof in o public landoffice of such district, and to transmit a duplicate copy to the General hind-Office. either of which shall be good and sufficient evidence that such oath was administered accor·ding to law. _ Sec. 2263. Prior to any entries being made under and by virtue of the Proof or settleprovisions of section twenty-two hundred and fifty-nine, proof of the set- :;°¤*» ¤¤¤1z¤¤§¤¢ tlement and improvement thereby required shall be made to the satrsfac- ,,,,,,,§"°°'“p °" tion of the register and receiver of the land-district in which such lands — ,,jS€—·,;Ejg,,,,--(q lie, agreeably to such rules as may be prescribed by the Secretary of the 15, ,,12, ,,_5,R_.,gq