Page:United States Statutes at Large Volume 18 Part 1.djvu/489

 TITLE xxxn.—THE PUBLIC LANDS.———Ch. 4. 417 requisition must be complied with within the same period after the dis- 3 MM-, 1843 ¢~ abilté is removed as would have been allowed had such disability not 8“»*·6·"·5,P· 620 exis . Sec. 2271. The provisions of this chapter shall be so construed as not N0 I>P€·€mP¥i0¤ to confer on any one a. right of prc—cn1ption, by reason of a settlement Of lands SGM bm made on a. tract theretofore dis sed of, when such disposal has not been ;j‘;f];§§*,§g’§“ by contirmed by the General Land{OHice, on account of any alleged defect — ‘ therein. 205, v.  534., i Sec. :2272. Nothing in the provisions of this chapter shall be construed Purchase bv prito preclude any person, who may have filed a notice of intention to claim VW; 6}**TY iam? any tract of land by pre-emption, from the right allowed by law to others “Xp“`?‘i‘°'¥ T P"` to purchase such tract by private entry after the expiration of the right % of pre-emption. ,;63_;ga:"51i4`gt,§" Sec. 2273. \Vhen two or more persons settle on the same tract of land.When nmoiéthan the right of Era-emption shall be in him who made the first settlement, 0**6 Seidel'- NEWS provided suc person conforms to the other provision of the law; and all K€%a€p€“lSt°C""" questions ns to the right of preemption arising between different settlers -%-,,*,*4 shall be determined by the register and receiver of the district within 4 S€P*·» ‘8{1~°· which the land is situated; and ap als from the decision of district oiH— Eb S` 11* v` °' p' cars, in cases of contest for the rigiit of prc—einption, shall be made to the lé june_ 185,8, c Commixioner of the General Land-Office, whose decision shall be iinal, 154, s. 10, v. 11,p. unless appeal therefrom be taken to the Secretary of the Interior. V 326 Barnard r. Ashley, 18 How., 43; Garland r. Wynn, 20 How., 6; Lindsey z·. Hawse, 2 Bl., 554; Minnesota z·. Batchelder, 1 Wall., 109; Johnson r. Tawsley, 13 Wall., 72. Sec. :2274. \Vhen settlements have been made upon agricultural public Séttlémeuts of lands of the United States, prior to the survey thereof, and it has been t“’° 0* m0"? P"` or shall be ascertained. after the public surveys have been extended over Oganggfsgg such lands, that two or more settlers have improvements upon the same survey. legal subdivision, it shall be lawful for such settlers to make joint entry  of their lands at the local land-ofiice, or for either of said settlers to enter 283  E_ ];’v_ 1}; pj into contract with his co-settlers to convey to them their portion of said 609. land after a patent is issued to him, and, after making said contract, to tile a declaratory statement in his own name, and rove up and pay for said land, and proof of joint occupation by himseii and others, and of such contract with them made, shall be equivalent to Proof of sole occupation and pre-emption by the a plicant: Pr02·ir]er, That in no case shall the amount patented under tiiis section exceed one hundred and sixty acres, nor shall this section apply to lands not subject to homestead or premmption entry. Sec. 2275. Where settlements, with a view to pre-emption, have been Settlements bemade before the survey of the lands in the field, which are found to have f9’° ”“"'€Y On been made on sections sixteen or thirty-six, those sections shall be subject g§;;;;S°;hi€é0€` to the prc—em tion claim of such settler; and if they, or either of them, .“»% have been or siiall be reserved or lodged for the use of schools or colleges ,85 I*;b·· 1;;;*% “· in the State or Territory in whicii the lands lie, other lands of like quan- ° b§'Jw{t,}°'1874; c tity are appropriated in lieu of such as may be patented by pre-cmptorsg 422, ,·_ 1g_ 1,, 20g_ and other lands are also appropriated to compensate dcticienmes for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, Ol' from any natural cause whatever.     S I { Sec. 2276. The lands a propriatcd by the preceding section shall be I efgaggsgggsgi selected, within the same iimd-district, in accordance with the following gcfiml 12mdS principles of adjustment, to wit: For each township, or fractional town- G?ééBj—·1éE;g Ship, containing a greater quantity of land than three-gniarters of an entire 58 v  ‘1  ’p  38g t0WnShip, one section; fora fractional township, c0nta1ningagreaterqua11- 20 May, 1826, C, tity of land than one-half, and not more than three-quartersnot a township, 83, s. 1, v. 4, p. 179. thl‘ec—quarters of a section; fora fractional township, containing a greater 42g2f“{§·;§g‘$é“· quantity of land than one-quarter, and not more than oneliaif, of a town- ’’ ' ship, one-half section; and for a fractional township, contaimng a greater quantity of land than one entire section, and not more than one-quarter of a township, 0ne—quax·ter section of land.