526.
Thirtieth
Congress,
thiSecond Session,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in
Congress Assembled.
thiSecond Session,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in
Congress Assembled.
That a right of pre-emption is hereby granted to the present claimants and actual
occupants of the islands in the Great Miami River, lying within range five and range
six east of the first principal meridian, which were heretofore advertised by the
President of the United States to be sold at the land office in Chilicothe, Ohio,
the said sale to commence on the twenty-ninth day of June, A.D. one thousand eight
hundred and forty-six, but which sale was afterwards, by the President, indefinitely
postponed: Provided, That such right of pre-emption shall extend in each case only
to such island or islands, or to so much of any island or islands as may have been
actually in the possession of any such claimant, and improved, cultivated, or enclosed
on before the first day of January, A.D. one thousand eight hundred and forty-eight.
Sec. 2. And be it further enacted, That, in order to secure the benefits of the right
of pre-emption, hereby granted to the claimants and occupants of said islands, application,
in each case, to enter the same shall be made, and the land regularly entered and
paid for, at the minimum price for which the same is now by law subject to sale; proof
of occupation and possession being first made to the satisfaction of the register
and receiver of the land district in which such lands be, agreeably to such rules
as may be prescribed by the Secretary of the Treasury; and the same fees shall be
paid to the
<Page 2>
<Page 3>
register and receiver as are now allowed for similar services in other cases; but
no such application shall be received nor entry made, after three months from the
passage of this act.
Sec. 3. And be it further enacted, That nothing in this act shall be construed to
interfere with, nor shall any patent that may be issued for a title, made under the
provisions hereof, take away the privilege that has heretofore been, and is now, exercised
and enjoyed by any person, of abutting a dam against, or conducting a race through,
any of the said islands, or occupying the same for hydraulic or manufacturing purposes;
but the right of pre-emption, hereby granted, shall be allowed to the holder of such
hydraulic or water privileges, to the extent necessary to secure his uninterrupted
enjoyment of the same, upon his complying with the the conditions of application and entry heretofore prescribed.
[ certification
]
02/21/1849
Clerk
02/21/1849
Passed the House of Representatives
February 21. AD 1849
Attest
Tho. J CampbellFebruary 21. AD 1849
Attest
Clerk
<Page 4>
52[?]
[ docketing
]
H R 526.
[ docketing
]
An Act
To grant pre-emption rights for certain islands in the Great Miami river.
To grant pre-emption rights for certain islands in the Great Miami river.
[ certification
]
In Senate of the United States
Resolved, That this Bill
Attest
SecretaryResolved, That this Bill
Attest
[ docketing
]
HR. Passed.
[ docketing
]
Pub. Land
Partially Printed Document, 4 page(s), Volume Volume 2, RG 233, Entry 362: Records of the United States House of Representatives, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the House, 1847-1849, NAB ,