United States Statutes at Large/Volume 4/21st Congress/1st Session/Chapter 208
Chap. CCVIII.—An Act to grant pre-emption rights to settlers on the public lands.[1]
Act of June 22, 1838, ch. 119.
Certain settlers may enter quarter section.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every settler or occupant of the public lands, prior to the passage of this act, who is now in possession, and cultivated any part thereof in the year one thousand eight hundred and twenty-nine, shall be, and he is hereby, authorized to enter, with the register of the land office, for the district in which such lands may lie, by legal subdivisions, any number of acres, not more than one hundred and sixty or a quarter section, to include his improvement, upon paying to the United States the then minimum price of said land:Proviso. Provided, however, That no entry or sale of any land shall be made, under the provisions of this act, which shall have been reserved for the use of the United States, or either of the several states, in which any of the public lands may be situated.
Where two or more settlers.Sec. 2. And be it further enacted, That if two or more persons be settled upon the same quarter section, the same may be divided between the first two actual settlers, if, by a north and south, or east and west line, the settlement or improvement of each can be included in a half quarter section; and in such case the said settlers shall each be entitled to a pre-emption of eighty acres of land elsewhere in said land district, so as not to interfere with other settlers having a right of preference.
Proof of settlement.Sec. 3. And be it further enacted, That prior to any entries being made under the privileges given by this act, proof of settlement or improvement shall be made to the satisfaction of the register and receiver of the land district in which such lands may lie, agreeably to the rules to be prescribed by the commissioner of the general land office for that purpose, which register and receiver shall each be entitled to receive fifty cents for his services therein. And that all assignments and transfers of the right of pre-emption given by this act, prior to the issuance of patents, shall be null and void.
Sec. 4. And be it further enacted, That this act shall not delay the sale of any of the public lands of the United States, beyond the time which has been, or may be, appointed, for that purpose, by the President’s proclamation; nor shall any of the provisions of this act be available to any person or persons, who shall fail to make the proof and payment required before the day appointed for the commencement of the sales of lands including the tract, or tracts, on which the right of pre-emption is claimed; nor shall the right of pre-emption, contemplated by this act, extend to any land, which is reserved from sale by act of Congress, or by order of the President, or which may have been appropriated, for any purpose whatsoever.
Sec. 5. And be it further enacted, That this act shall be and remain in force, for one year from and after its passage.
Approved, May 29, 1830.
- ↑ Pre-emption of Public Lands.Purchasers under John Cleves Symmes. Act of March 2, 1799, ch. 34. Act of March 3, 1801, ch. 23. Act of May 1, 1802, ch. 44. Act of March 3, 1803, ch. 21, sec. 4, 5.Mississippi. Act of March 3, 1803, ch. 27, sec. 3. Act of April 21, 1806, ch. 39, sec. 2, 7. Act of March 3, 1807, ch. 36, sec. 8. Act of April 22, 1826, ch. 28, sec. 5. Act of May 28, 1830, ch. 146, sec. 3.Tennessee. Act of April 18, 1806, ch. 31.Ohio. Act of April 21, 1806, ch. 39. Act of May 15, 1820, ch. 135.Michigan. Act of April 25, 1808, ch. 67, sec. 3.Louisiana. Act of February 15, 1811, ch. 14, sec. 5. Act of April 29, 1816, ch. 162. Act of March 3, 1819, ch. 86, sec. 4. Act of February 27, 1815, ch. 63, sec. 3, 4.Illinois. Act of February 5, 1813, ch. 20. Act of April 26, 1816, ch. 101, sec. 6. Act of April 16, 1814, ch. 61, sec. 4. Act of February 27, 1815, ch. 63, sec. 3, 4.Missouri. Act of April 12, 1814, ch. 52, sec. 5. Act of March 3, 1819, ch. 86, sec. 2, 3. Act of April 29, 1816, ch. 162. Act of July 9, 1832, ch. 180, sec. 3.Arkansas. Act of May 26, 1824, ch. 154.Further time given for filing of claims to pre-emption rights. Act of July 14, 1832, ch. 246.Alabama. Act of April 22, 1826, ch. 28.Florida. Act of April 22, 1826, ch. 28.Settlers on public land. Act of May 29, 1830, ch. 208. Act of July 14, 1832, ch. 246. Act of March 2, 1833, ch. 92. June 22, 1838, ch. 119.Settlers in the Salt Lick reservation in Tennessee. Act of March 3, 1839, ch. 178.Supplement to the act of June 22, 1838, ch. 119, to grant pre-emption rights to settlers on public lands. June 1, 1840, ch. 32.An act to appropriate the proceeds of the sales of public lands, and to grant pre-emption rights. Act of September 4, 1841, ch. 16.An act to perfect the titles to lands south of the Arkansas river, held under New Madrid locations, and pre-emption rights, under the act of one thousand eight hundred and fourteen. March 1, 1843, ch. 50.An act to authorize the investigation of alleged frauds under the pre-emption laws, and for other purposes. March 3, 1843, ch. 86.An act granting a section of land for the improvement of Grant river, at the town of Potosi, in Wisconsin territory. June 15, 1844, ch. 50.An act to confirm entries to land in the St. Augustine land district, in the territory of Florida, made under the pre-emption law of 22d June, 1838. June 15, 1844, ch. 74.An act for the relief of the citizens of towns upon the lands of the United States, under certain circumstances. May 23, 1844, ch. 17.