United States Statutes at Large/Volume 4/21st Congress/1st Session/Chapter 48
Chap. XLVIII.—An Act for the relief of the purchasers of public lands, and for the suppression of fraudulent practices at the public sales of the lands of the United States.[1]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all purchasers, their heirs or assignees, of such of the public lands of the United States as Lands which have reverted to U. S. under relief laws, may be redeemed in either of the three following ways:
1. Pre-emption until July 30, 1831, at minimum price of public lands, in addition to amount already paid.
Proviso: entire price not to exceed 3 dolls. and 50 c.
2. Payment before July 4, 1831, of 62½ per cent. on the balance due.
3. Where the price did not exceed 2 dolls. and 50 c. purchasers may, within nine months, draw scrip for the amount paid, in manner prescribed in act of May 23, 1828, ch. 71.were sold on a credit, and on which a further credit has been taken, under any of the laws passed for the relief of purchasers of public lands, and which lands have reverted to the United States, on account of the balance due thereon not having been paid or discharged agreeably to said relief laws, such persons may avail themselves of any one of the three following provisions contained in this section, to wit: First, They shall have a right of pre-emption of the same lands, until the fourth day of July, one thousand eight hundred and thirty-one, upon their paying into the proper office the sum per acre therefor, which shall, at the time of payment, be the minimum price per acre of the public lands of the United States, in addition to the amount heretofore paid thereon, and forfeited: Provided, That the price, including what has already been paid, and the amount to be paid, shall not, in any case, exceed three dollars and fifty cents per acre: Second, they shall have the right of completing the payment of said lands, by paying the balance of the principal debt due thereon, in cash, subject to a deduction of thirty-seven and a half per cent. as heretofore, at any time previous to the fourth day of July, one thousand eight hundred and thirty-one: Third, They shall have the right, within nine months from the passage of this act, in all cases where the price for which said lands were sold did not exceed two dollars and fifty cents per acre, to draw scrip for the amount paid thereon, in the manner prescribed in the act, approved the twenty-third day of May, one thousand eight hundred and twenty-eight, entitled “An act for the relief of purchasers of public lands that have reverted for non-payment of the purchase money;” and which scrip shall be receivable in the same manner as directed by this act, except only that it shall not be taken in payment for lands hereafter bought at public sale.
Provisoes.Sec. 2. And be it further enacted, That all purchasers, their heirs, or assignees, of such of the public lands of the United States as were sold on credit, and which lands have, by such persons, been relinquished under any of the laws passed for the relief of purchasers of public lands, and the amount paid thereon applied in payment of other lands retained by them, and which relinquished lands, or any part thereof, may now be in possession of such persons; or in case the certificate of purchase, and part payment of said lands, has been transferred by the persons now in possession of said lands, or part thereof, or the persons under whom the present occupants may hold such possession, to some other person not in possession thereof, and the payment made thereon applied by such other person, or his assignee, in payment for land held in his own name: in either case, the persons so in possession, shall have the right of pre-emption of the same lands, according to the legal sub-divisions of sections, not exceeding the quantity of two quarter sections, in contiguous tracts, until the fourth day of July, one thousand eight hundred and thirty-one, upon their paying into the proper office, the sum per acre therefor, which shall, at the time of payment, be the minimum price per acre of the United States’ public lands; and in addition thereto, the same amount per acre heretofore paid thereon, and applied to other lands, subject to a deduction of thirty-seven and a half per cent. on the last mentioned sum: Provided, That the sum to be paid shall not, in any case, exceed three dollars and fifty cents per acre: Provided also, That such persons only shall be entitled to the benefits of this section, who shall apply for the same, and prove their possession, to the satisfaction of the register and receiver of the district in which the land may lie, in the manner to be prescribed by the commissioner of the general land office, within nine months from the passage of this act; for which, such register and receiver shall each be entitled to receive from such applicants, the sum of fifty cents each; And provided further, That the provisions of this section shall not extend to any lands that have, in any manner, been disposed of by the United States.
On failure to comply with provisions of this act, lands to be offered for sale.Sec. 3. And be it further enacted, That, on failure to apply for, and show a right of pre-emption, under the second section of this act, within the time allowed therefor; and also on failure to complete the payment on any of the lands, agreeably to the provisions of this act, within the time period allowed for that purpose, in either case, the whole of such lands shall be forthwith offered for sale without delay.
All agreements or acts having for object to prevent any one from bidding upon or purchasing public lands, prohibited.Sec. 4. And be it further enacted, That if any person or persons shall, before or at the time of the public sale of any of the lands of the United States, bargain, contract or agree, or shall attempt to bargain, contract, or agree with any other person or persons, that the last named person or persons, shall not bid upon, or purchase the land so offered for sale, or any parcel thereof, or shall by intimidation, combination, or unfair management, hinder or prevent, or attempt to hinder or prevent any person or persons from bidding upon or purchasing any tract or tracts of land so offered for sale, every such offender, his, her, or their aiders and abetters, being thereof duly convicted, shall, for every such offence, be fined not exceeding one thousand dollars, or imprisoned not exceeding two years, or both in the discretion of the court.
All agreements to the effect that one person shall pay to another, a premium of any kind upon the price at which lands of the U. S. may be bid off by the latter, to be null and void.
Any premium paid in consequence of such agreement may be recovered.
Discovery may be enforced by bill in equity.Sec. 5. And be it further enacted, That if any person or persons, shall, before, or at the time of the public sale of any of the lands of the United States, enter into any contract, bargain, agreement, or secret understanding with any other person or persons, proposing to purchase such land, to pay or give to such purchasers for such land, a sum of money, or other article of property, over and above the price at which the land may or shall be bid off by such purchasers, every such contract, bargain, agreement, or secret understanding, and every bond, obligation, or writing of any kind whatsoever founded upon, or growing out of the same, shall be utterly null and void. And any person or persons being a party to such contract, bargain, agreement, or secret understanding, who shall or may pay to such purchasers, any sum of money or other article of property, as aforesaid, over and above the purchase money of such land, may sue for, and recover such excess from such purchasers in any court having jurisdiction of the same. And if the party aggrieved, have no legal evidence of such contract, bargain, agreement, or secret understanding, or of the payment of the excess aforesaid, he may, by bill of equity, compel such purchasers to make discovery thereof; and if in such case, the complainant shall ask foo relief, the court in which the bill is pending, may proceed to final decree between the parties to the same;Proviso: suit to be commenced within six years. Provided, every such suit either in law or equity shall be commenced within six years next, after the sale of said land by the United States.
Approved, March 25, 1830.
- ↑ See notes to May 23, 1828, ch. 71.