north-east quarter (1-4) of section number thirteen (13), in township ninety-three (93), of range number fifty-nine (59) west, and shall not be removed except by a two-third vote of the legislative assembly of Dakota Territory, and the approval of said vote by the governor.
Sect. 2. This act to take effect from and after its passage, and approval by the governor.
- Approved May 5, 1862.
PUBLIC LANDS.
CHAPTER 67.
AN ACT TO PROTECT PERSONS HOLDING CLAIMS ON THE PUBLIC LANDS.
Be it enacted by the Legislative Assembly of the Territory of Dakota:
Section 1. Any person settled upon the public lands belonging to the United States, on which settlement is not expressly prohibited by congress, or some department of the general government, may maintain an action for any injuries done to the same, also an action to recover the possession thereof, in the same manner as if he possessed a fee-simple title to said lands.
Sect. 2. On the trial of any such cause, the possession or possessory right of the plaintiff shall be considered as extending to the boundaries embraced by the claim of such plaintiff, so as to enable him to have and maintain any of the aforesaid actions without being compelled to prove a natural inclosure: Provided, That such claim shall not exceed in any case one hundred and sixty acres.
Sect. 3. Every such claim, to enable the holder thereof to out, how, &c. maintain any of the aforesaid actions, shall be marked out,