Page:United States Statutes at Large Volume 9.djvu/77

 TWENTY-NINTH CONGRESS. Sess. I. Ch. 78. 1846. 51 on other lands by the act approved twenty-second of June, eighteen 1838,eh.119. hundred and thirty-eight, entitled "An Act to grant Preémption Rights," and the several amendatory provisions of said act, effected by the subsequent acts bearing date first June, eighteen hundred and 1840, ch. 32. forty, and third March, eighteen hundred and forty~three: Provided, 1843, ch. 86. That the minimum price per acre of said land shall be two dollars Minimum price. per acre. Sec. 2. And be it further enacted, That, in every case, the atiidavit Claimant m of the claimant under this act shall be like unto that prescribed by '”‘¥b;d°“£’“P‘°;. the act of twenty-second June, eighteen hundred and thirty-eight, and ig§g,¤h_’i?;‘ ° the same shall be filed, and proof and payment made for the land claimed, at any time before the day fixed by the Presidenfs proclamiation for the public sale of the said land 2 Provided, That where a tract of land is now settled upon, a. settlement made on such tract subsequent to the date of this law shall confer no right. on the last- Pm, www mentioned settler; and where settlements shall hereafter be made, the to have Prem. right shall be in the first settler, who shall otherwise comply with the °¤°°- conditions of this law. Approved, August 3, 1846. Cnn. LXXVIII.-411; Act prcvidinifor the Adjwtmnu of all suspended Pre- Aug. 3, 1846. cmptxlm Land Claims int several States and Territories. Be it enacted by the Senate and House of Representatives of the 1853•°h· 15* United Staies of America in Congress dssembled, That the Commis- Qommissioner sioner of the General Land Office be, and he is hereby, authorized and gggguicmdgfge empowered to determine, upon principles of equity and justice, as rec· mm., ansuspend. ognized in courts of equity, and in accordance with general equitable °d °;**{l€¤» Mdé! rules and regulations, to be settled by the Secretary of the Treasury, l§§,°,:§:;° gl the Attomey·Ge11era.l, and Commissioner, conjoimly, consistently with Treuugsnd Acsuch principles, all cuses of suspended entries now existing in said ‘é‘;';g£SSi:::l& land office, and to adjudge in what cases patents shall issue upon the ` same: Provided, lwwwer, That such adjudicatioris shall be made Pmvigm within two years from the passage of this act, and be first approved by the Secretary of the Treasury and the Attorney-General, and shall only operate to divest the United States oil the title of the land embraced by such entries, without prejudice to the rights of conflicting claimants. Sec. 2. And be it further enacted, That the power and jurisdiction 1848, cb. I0!. given by this act to the Commissioner of the General Land Office Power and jushall cease and determine, at the expiration of two years from the pas- ’Mi°*i°¤ <=¢¤¤¤ sage thereof; and such Commissioner be, and he is hereby, directed ;;a;{"1 °f "'° to report to Congress at the first session after the said adjudications commissiunen shall have been made, a list of the same, and under such classes as he *%.’gP°'E lm °* may deem necessary, and of the principles upon which such class was  t° determined. Sec, 3. And be it further enacted, That the said Commissioner Decisiommbe shall arrange his decisions into two classes ; the first class to embrace ggfgsd i¤'»¤ all such cases of equity as may be finally confirmed by the board afore- E ' said, and the second class to embrace all such cases as the board reject and decide to be invalid. Sec. 4. And be it further enacted, That for all lands covered by Patenutginue entries or sales which are placed in the first class, patents shall issue to g° ;t*°:;°;:¤ 4::; the claimants; and all lands embraced by entries or sales placed in the umd, in ,gc,,,,d second class shall qsso facto revert to, and become part of, the public Mgrcveri *¤ domain. ‘ ' Sec. 5. And be it further enacted, That it shall and may be lawful Commissioner for the Commissioner of the General Land Office toorder into market, ;’Uk‘;‘*j;nd;"‘;. after due notice, without the formality and expense of a yroclamation second elm.