Settlers residing on one quarter section, and cultivating another, entitled to a choice.
1838, ch. 119.Sec. 7. And be it further enacted, That where a settler on the public lands may reside on a quarter section, a fractional quarter section, or a fraction of a section less then one hundred and sixty acres, and cultivated land on any other and different tract of either of the descriptions aforesaid, he or she shall be entitled, under the act of June twenty-two, one thousand eight hundred and thirty-eight, to the same privileges of a choice between two legal subdivisions of each, so as to include his or her house and farm, not to exceed one hundred and sixty acres in all, as is granted, by the first section of that act, to settlers residing on a quarter section, and cultivating on another and different quarter.
In case of two or more persons residing on one quarter section, and one or more of them cultivating other tracts.Sec. 8. And be it further enacted, That where two or more persons are residing on any of the species of tracts specified in section seven of this act, as required by the acts of the twenty-second of June, one thousand eight hundred and thirty-eight, and first of June, one thousand eight hundred and forty, and any one or more of said settlers may have cultivated land during the period of residence required by either of said acts, on another and different tract, or other and different tracts, the latter mentioned settlers shall be entitled to the option of entering the tract lived on, jointly with the other or others, or of abandoning the tract lived on to those who have not cultivated land as above required, and entering the tract or tracts cultivated, so as not to exceed one hundred and sixty acres to any one settler, who, by virtue of this section, is entitled to a separate entry; or such joint settlers may jointly enter the tract so jointly occupied by them, and in addition enter other contiguous unoccupied lands, by legal subdivisions, so as not to exceed one hundred and sixty acres in all to each of such joint settlers:Proviso. Provided, That the extended privileges granted to pre-emptors by this act, shall not be construed to deprive any other actual settler of his or her previous and paramount right of pre-emption, or to extend to lands reserved for any purpose whatever.
Persons coming within sec. 10, act 4th September, 1841, ch. 16, entitled to pre-emption.
Proviso.Sec. 9. And be it further enacted, That all persons coming within the tenth section of the act of the fourth of September, eighteen hundred and forty-one, entitled “An act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights,” shall be entitled to the right of pre-emption under its provisions, notwithstanding such persons claimed before the same were surveyed: Provided, Such settlements were made before the date of the aforesaid act, and after the extinguishment of the Indian title. And said act shall not be so construed as to preclude any person who may have filed a notice of intention to claim any tract of land by pre-emption under said act, from the right allowed by law to others to purchase the same by private entry after the expiration of the right of pre-emption.
Approved, March 3, 1843.
Statute ⅠⅠⅠ.
Chap. LXXXVII.—An Act to provide, in certain cases, for the sale of the real estate of infants within the District of Columbia.
What to set forth. That when the guardian of any infant shall think that the interest of his or her ward will be promoted by the sale of his or her real estate, or any part thereof, it shall be lawful for such guardian to exhibit his bill for that purpose, in the circuit court of the District of Columbia, for that county in which the real estate proposed to be sold, or part thereof, shall lie. In the bill so exhibited, the guardian shall set forth, plainly and distinctly, all the estate, real and personal, to which such infant is entitled, and all the facts which, in his opinion, are calculated to show whether the interest of his ward will be promoted by such sale or not. The bill shall be
