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YELLOWSTONE NATIONAL PARK.-Establishment ofAct of March 1, 1872 (17 Stat. 32).

Leases for hotels-Act of August 3, 1894 (28 Stat. 222); and act of June 4, 1896 (34 Stat. 207).

Protection of birds and animals and punishment for crimesAct of May 7, 1894 (28 Stat. 73), and act of June 28, 1916 (39 Stat. 238).

YOSEMITE NATIONAL PARK.--Establishment of-Act of October 1, 1890 (26 Stat. 650).

Right of way through-Act of July 19, 1892 (27 Stat. 235).

Troops may be detailed to protect-Act of June 6, 1900 (31 Stat. 588-618).

Boundaries changed-Act of February 7, 1905 (33 Stat. 702). Acceptance of cession-Act of June 11, 1906 (34 Stat. 831).

Acceptance of title to private lands---Act of August 9, 1912 (37 Stat. 80).

San Francisco water right-Act of December 19, 1913 (38 Stat. 242).

Secretaries of the Interior and Agriculture authorized to acquire title to lands in private ownership-Act of April 16, 1914 (38 Stat. 345).

Secretary of the Interior authorized to acquire title to lands in private ownership--Act of May 13. 1914 (38 Stat. 376).

Leases for hotels-Act of July 23, 1914 (38 Stat. 554).

Acceptance of cession of Yosemite, Sequoia, and General Grant National Parks-Act of June 2, 1920 (41 Stat. 731).

ZION NATIONAL PARK.-Establishment of-Act of November 19, 1919 (41 Stat. 356).


The preemption laws, sections 2257 to 2288, inclusive, of the Revised Statutes, were repealed by section 4 of the Act of March 3, 1891 (26 Stat. 1096), except sections 2275, 2276, 2286, and 2288 However, they are here given because of their relation to existing la ws.



324 325

Revised Statutes.-Sections 2257–2274, R. S.-Lands subject to preemp

tion-Qualifications-Limitation-Proofs_Sections 2277-2285-Military bounty--Land warrants--Agricultural col

lege scrip-Railroad grants—Sales. Section 2287—Where claimant becomes register or receiver--Act of September 30, 1890-Extension of time for payment on home

stead or preemption claim.--Act of March 3, 1891-Repeal of preemption laws. Act of July 26, 1894—Extension of time for payment on preemption


326 326



12 S. 413.

Lands not subject to preemption.

5 S. 455.

Lands subject to preemption.

Sec. 2257. All lands belonging to the United States, June , 1862, to which the Indian title has been or may hereafter be

extinguished, shall be subject to the right of preemption, under the conditions, restrictions, and stipulations provided by law.

Sec. 2258. The following classes of lands, unless otherSept. 4, 1841,

wise specially provided for by law, shall not be subject to the rights of preemption, to wit:

First. Lands included in any reseryation by any treaty, law, or proclamation of the President, for any purpose.

Second. Lands included within the limits of any incorporated town, or selected as the site of a city or town.

Third. Lands actually settled and occupied for purposes of trade and business, and not for agriculture.

Fourth. Lands on which are situated any known

salines or mines. Persons entitled SEC. 2259. Every person, being the head of a family, to preemption. Ibid.

or widow, or single person, over the age of twenty-one years, and a citizen of the United States, or having filed a declaration of intention to become such, as required by the naturalization laws, who has made, or hereafter makes, a settlement in person on the public lands subject to preemption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon, is authorized to enter with the register of the land office for the district in which such land lies, by legal subdi

visions, any number of acres not exceeding one hundred

titled to preemp


Sept. 4, 1841,

Sept. 4, 1841,

and sixty, or a quarter section of land, to include the
residence of such claimant, upon paying to the United
States the minimum price of such land.
Sec. 2260. The following classes of persons, unless

Persons not en otherwise specially provided for by law, shall not ac- tion. quire any right of preemption under the provisions of the preceding sections, to wit:

First. No person who is the proprietor of three hundred and twenty acres of land in any State or Territory.

Second. No person who quits or abandons his residence on his own lands to reside on the public lands in the same State or Territory. Sec. 2261. No person shall be entitled to more than Limitation of

preemption right. one preemptive right by virtue of the provisions of section"twenty-two hundred and fifty-nine; nor where a 3, *1843, sas: party has filed his declaration of intention to claim the 620. benefits of such provisions, for one tract of land, shall he file, at any future time, a second declaration for another tract.

Sec. 2262. Before any person claiming the benefit of Oath of prethis chapter is allowed to enter lands, he shall make oath where filed; penbefore the receiver or register of the land district. in which the land is situated that he has never had the 5 3. 456. benefit of any right of preemption under section twenty, two hundred and fifty-nine; that he is not the owner of three hundred and twenty acres of land in any State or Territory; that he has not settled upon and improved such land to sell the same on speculation, but in good faith to appropriate it to his own exclusive use; and that he has not, directly or indirectly made any agreement or contract, in any way or manner, with any person whatever, by which the title which he might acquire from the Government of the United States should inure in whole or in part to the benefit of any person except himself; and if any person taking such oath swears falsely in the premises, he shall forfeit the money which he may have paid for such land, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona fide purchasers, for a valuable consideration, shall be null and void, except as provided in section twenty-two hundred and eighty-eight. And it shall be the duty of the officer administering such oath to file a certificate thereof in the public land office of such district and to transmit a duplicate copy to the General Land Office, either of which shall be good and sufficient evidence that such oath was administered according to law.

Sec. 2263. Prior to any entries being made under and Proof of settleby virtue of the provisions of section twenty-two hun- of preemption dred and fifty-nine, proof of the settlement and im- rights. provement thereby required shall be made to the satisfaction of the register and receiver of the land district


i See the Act of Feb. 23, 1923, under "Homestead Proofs."


for sale.

in which such lands lie, agreeably to such rules as may be prescribed by the Secretary of the Interior; and all assignments and transfers of the right hereby secured,

prior to the issuing of the patent, shall be null and void. Statement to be SEC. 2264. When any person settles or improves a filed by settler with intent to

tract of land subject at the time of settlement to private purchase ou entry, and intends to purchase the same under the prelands subject to private entry. ceding provisions of this chapter, he shall, within thirty

days after the date of such settlement, file with the register of the proper district a written statement, describing the land settled upon, and declaring his intention to claim the same under the preemption laws; and he shall, moreover, within twelve months after the date of such settlement, make the proof, affidavit, and payment hereinbefore required. If he fails to file such written statement, or to make such affidavit, proof, and payment within the several periods named above, the tract of land so settled and improved shall be subject to the entry of any other

purchaser. Claim filed by Sec. 2265. Every claimant under the preemption law settler proclaimed for land not yet proclaimed for sale is required to make

known his claim, in writing, to the register of the proper Mar. 3, 1843, 5 S. 620. land office within three months from the time of the set

tlement, giving the designation of the tract and the time of settlement; otherwise his claim shall be forfeited and the tract awarded to the next settler, in the order of time, on the same tract of land, who has given such notice and otherwise complied with the conditions of

the law. Declaratory Sec. 2266. In regard to settlements which are authorstatement of set ized upon unsurveyed lands, the preemption claimant veyed land, when shall be in all cases required to file his declaratory state

May 30, 1862, ment within three months from the date of the receipt 12 8. 410. at the district land office of the approved plat of the

township embracing such preemption settlement." Preemption

Sec. 2267. All claimants of preemption rights under claimants: time the two preceding sections shall, when no shorter time and payment. is prescribed by law, make the proper proof and pay1699.9279; "Mar: ment for the land claimed within thirty months after 80.1871, 16 s. the date prescribed therein, respectively, for filing their

Sec. 2268. Where a pre-emptor has taken the initiatime in certain tory steps required by law in regard to actual settlein military and ment, and is called away from such settlement by being Mar.ev.2864, engaged in the military or naval service of the Unitea

States, and by reason of such absence is unable to appear at the district land office to make before the register or receiver the affidavit, proof, and payment, respectively,

* Amended by Act of June 9, 1880, and by Act of May 26, 1890, and by Act of Mar. 11, 1902, and by Act of Mar. 4, 1904, R. S. 2294.

* In regard to cases thereafter arising under secs. 2264, 2267. and 2266, the Act of May 18, 1898 (30 Stat. 418), abolished the distinction between offered and unoffered lands, and enacted that the land in question in such cases shall be treated as unoffered.

Extension of

13 S. 35.


required by the preceding provisions of this chapter, the time for filing such affidavit and making final proof and entry or location shall be extended six months after the expiration of his term of service, upon satisfactory proof by affidavit, or the testimony of witnesses, that such preemptor is so in the service, being filed with the register of the land office for the district in which his settlement is made.

SEC. 2269. Where a party entitled to claim the benefits Death before of the preemption laws dies before consummating his claim, who is claim, by filing in due time all the papers essential to the complete, etc: establishment of the same, it shall be competent for the 5 S. 620." executor or administrator of the estate of such party, or one of his heirs, to file the necessary papers to complete the same; but the entry in such cases shall be made in favor of the heirs of the deceased pre-emptor, and a patent thereon shall cause the title to inure to such heirs, as if their names had been specially mentioned.

SEC. 2270. Whenever the vacancy of the office either Noncompliance of register or receiver, or of both, renders it impossible byth vacancy in for the claimant to comply with any requisition of the office of register preemption laws within the appointed time, such vacancy to affect, etc. shall not operate to the detriment of the party claiming, in respect to any matter essential to the establishment of his claim; but such requisition must be complied with within the same period after the disability is removed as would have been allowed had such disability not existed. SEC. 2271. The provisions of this chapter shall be so of Nanese

No preemption construed as not to confer on anyone a right of pre- not confirmed by emption by reason of a settlement made on a tract theretofore disposed of, when such disposal has not 5 S. 534. been confirmed by the General Land Office, on account of any alleged defect therein.

SEC. 2272. Nothing in the provisions of this chapter or Pratec habe by shall be construed to preclude any person, who may after expiration have filed a notice of intention to claim any tract of


right land by preemption, from the right allowed by law to Mar. 3, 1843, others to purchase such tract by private entry after the expiration of the right of preemption.

Sec. 2273. When two or more persons settle on the same tract of land, the right of preemption shall be in rights of appeals him who made the first settlement, provided such per- Sept. 4. 1841, son conforms to the other provision of the law; and 5, S. 456: June all questions as to the right of preemption arising be- 326. tween different settlers shall be determined by the register and receiver of the district within which the land is situated; and appeals from the decision of district officers, in cases of contest for the right of preemption, shall be made to the Commissioner of the General Land Office, whose decision shall be final, unless appeal therefrom be taken to the Secretary of Interior.

Aug. 26, 1842,


5 S. 621.

When more than one settler,

, , 11

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