United States Statutes at Large/Volume 3/14th Congress/1st Session/Chapter 35
Persons occupying lands ceded to the United States allowed, on application to a register, recorder, or marshal, to remain thereon, &c.
Act of March 3, 1817, ch. 105.
Act of April 20, 1818, ch. 90.
Applicant for permits of settlement to give description of the land.
Permits to be given.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person or persons who, before the first day of February, one thousand eight hundred and sixteen, had taken possession of, occupied or made a settlement on, any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any state to the United States, which lands had not been previously sold, ceded, or leased, by the United States, or the claim to which lands had not been previously recognised or confirmed by the United States, and who, at the time of passing this act, does or do actually inhabit and reside on such lands, may, at any time prior to the first day of September next, apply to the proper register or recorder, as the case may be, of the land office established for the disposal, registering, or recording, of such lands; and where there is no register or recorder, to the marshal, or to such person or persons as may be, by the registers, recorders, or marshals, respectively, appointed for the purpose of receiving such applications, stating the tract or tracts of land thus occupied, settled, and inhabited, by such applicant or applicants, and requesting permission to continue thereon; and it shall thereupon be lawful for such register, recorder, or marshal, respectively, to permit, in conformity with such instructions as may be given by the Secretary of the Treasury, with the approbation of the President of the United States, for that purpose, such applicant or applicants to remain on such tract or tracts of land, provided the same shall at that time remain unsold by the United States,Quantity not exceeding 320 acres for each applicant, &c.
That applicant to give quiet possession when required, &c.
Proviso: the applicant previously to sign a declaration that he lays no claim, &c.
Proviso; as to lead mines and salt springs. not exceeding three hundred and twenty acres for each applicant, as tenants at will, on such terms and conditions as shall prevent any waste or damage on such lands, and on the express condition that such applicant or applicants shall, whenever such tract or tracts of land may be sold or ceded by the United States, or whenever, from any other cause, he or they may be required, under the authority of the United States, so to do, give quiet possession, of such tract or tracts of land to the purchaser or purchasers, or to remove altogether from the land, as the case may be: Provided, however, That such permission shall not be granted to any such applicant unless he shall previously sign a declaration, stating that he does not lay any claim to such tract or tracts of land, and that he does not occupy the same by virtue of any claim, or pretended claim, derived, or pretended to be derived, from any other person or persons; And provided also, That in all cases where the tract of land applied for includes either a lead mine or salt spring, no permission to work the same shall be granted without the approbation of the President of the United States.
Sec. 2. And be it further enacted, That all applications made, Applications and permission to be entered on books, &c.
Fees, &c.and permissions granted, by virtue of the preceding section, shall be duly entered on books, to be kept for that purpose by the registers, recorders, and marshals aforesaid, respectively; and they shall be entitled to receive, from the party, for each application, fifty cents, and for each permission, one dollar.
Limitation of this act to the 25th March, 1817.Sec. 3. And be it further enacted, That this act shall continue to be in force for the term of one year, any law to the contrary notwithstanding.
Approved, March 25, 1816.
- Public lands of the United States, notes of the acts of Congress, vol. i. 464.