United States Statutes at Large/Volume 2/12th Congress/2nd Session/Chapter 20

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2609988United States Statutes at Large, Volume 2 — Public Acts of the Twelfth Congress, 2nd Session, XXUnited States Congress


Feb. 5, 1813.
Chap. XX.—An Act giving the right of pre-emption in the purchase of lands to certain settlers in the Illinois territory.

Act of April 29, 1816, ch. 162.
Inhabitants and cultivators of land lying in districts established for the sale thereof, entitled to preference in purchasing.
No more than one quarter section to be sold to any individual.
No lands to be sold which were reserved by former acts.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person, or legal representative of every person, who has actually inhabited and cultivated a tract of land lying in either of the districts established for the sale of public lands, in the Illinois territory, which tract is not rightfully claimed by any other person, and who shall not have removed from said territory; every such person and his legal representatives shall be entitled to a preference in becoming the purchaser from the United States of such tract of land at private sale, at the same price and on the same terms and conditions in every respect, as are or may be provided by law for the sale of other lands sold at private sale in said territory, at the time of making such purchase: Provided, that no more than one quarter section of land shall be sold to any one individual, in virtue of this act; and the same shall be bounded by the sectional and divisional lines run, or to be run, under the direction of the surveyor general for the division of the public lands: Provided also, that no lands reserved from sale by former acts, or lands which have been directed to be sold in town lots, and out lots, shall be sold under this act.

Sec. 2. And be it further enacted, Persons claiming a preference in purchasing to deliver notice in writing to the register of the land-office, &c.
If a person is entitled to a preference he may enter the same.
That every person claiming a preference in becoming the purchaser of a tract of land, in virtue of this act, shall make known his claim, by delivering a notice in writing, to the register of the land-office, for the district in which the land may lie, wherein he shall particularly designate the quarter section he claims; which notice the register shall file in his office, on receiving twenty-five cents from the person delivering the same. And in every case where it shall appear to the satisfaction of the register and receiver of public monies of the land-office, that any person, who has delivered his notice of claim, is entitled, according to the provisions of this act, to a preference in becoming the purchaser of a quarter section of land, such person so entitled shall have a right to enter the same, with the register of the land-office, on producing his receipt from the receiver of public monies for at least one twentieth part of the purchase money, as in case of other public lands sold at private sale:Proviso.
How the preference may be forfeited.
Provided, that all lands to be sold under this act shall be entered with the register, at least two weeks before the time of the commencement of the public sales, in the district wherein the land lies: and every person having a right of preference in becoming the purchaser of a tract of land, who shall fail so to make his entry with the register, within the time prescribed, his right shall be forfeited, and the land by him claimed shall be offered at public sale, with the other public lands in the district to which it belongs.

Approved, February 5, 1813.