Sect. I. Be, it enacted by the congress of the United States, That from and after the 15^th day of April, next, it shall be lawful, for any person, being of lawful age and a citizen of the United States, or an alien, residing, within the same, who, shall, have, in due form of Law, filed a declaration of his intention, to become naturalized, to file, in the proper Land office, a claim of preemption ^to any ^unoccupied^ quarter Section:^ or lesser subdivision, of the public Lands, which shall have been duly surveyed, and offered for sale, and which is now ^shall be^ open to private entry, at the minimum price of Public Lands: Provided, that such claim, shall be invalid, unless it be accompanied by an affidavit,or affirmation, in writing, made, before, and certified by a justice of the Peace, that the person filing such claim and making such, affidavit, or affirmation, is not owner or ^nor^ claimant of any other, land, or real estate whatsoever, and that he or she intends in good faith, to proceed forthwith to occupy, improve and cultivate the land described

in such claim.

Sect II. And, be it further enacted, that, upon the filing of such claim, there shall be issued from said Land office, to such Claimant, a warrant of prëemption, which shall secure to said claimant, the rightful and legal possession of the tract so conveyed, by prëemption, for seven full years from the date thereof, and shall set forth, that, by virtue and in pursuance of the provisions of this act, such claimant is entitled to purchase the said quarter section, or any legal subdivision ^or subdivisions^ thereof, at any time, within, seven years from the date of such warrant, at the rate of one dollar and twenty-five cents per acre and lawful witness thereon, from the date of such warrant,

Sect III. And, be it further enacted, That the person obtaining such warrant,, or, in case of his, or her decease, his or her legal representative,s, may, at any time, after a residence of five years on the tract so secured by prëemption, and before the expiration of the term of seven years aforesaid, apply in writing to said Land Office, for a certificate of right of occupancy, and, upon due, and conclusive proof, made to the proper officer thereof, that he or she has resided on said tract for the full term of five years aforesaid, and now resides thereon,

and has subdued to cultivation, cultivated, and continues to cultivate, some portion of said tract, accompanied by his, or her, ^own^ affidavit or affirmation, that he or she has not sold nor bargained to sell his, or her interest in or1 claim thereto, nor any portion thereof except to a person who own’s or claims, no other land whatsoever, and that he or she fully intends to reside upon said tract, for the remainder of his, or her, natural life, he ^or she^ shall be entitled to receive, and shall receive, from said Land office a Certificate, which shall purport to Secure, and which shall secure, to him or her and to his or her heirs, devisees or voluntary assigns, a right to possess and occupy, without limitation of time, any legal subdivision of forty acres or less, of the Land described in said Warrant, which may be chosen, by him or her, and designated in said certificate: Provided, that, if such claimant be the married or widowed head of a family, he, or she, shall be entitled to a certificate of right of occupancy for any legal subdivision of Eighty acres or less of said tract to be designated as aforesaid: and that if he or she, being, unmarried at the time, of applying for such certificate and thus entitled to and allowed but Forty acres, shall, before the expiration of the term of prëemption, on

said tract, marry one, who is not an owner nor claimant of any land, nor real estate whatever, he or she shall, on filing in such land office. satisfactory evidence of such marriage, by affidavit or otherwise, be entitled to a further certificate of right of occupancy to an additional legal subdivision of forty acres or less of the land described ^in such premption warrant: and the Land thus described^ in any certificate, shall not be divested from such occupant, his or her heirs, devisees, or voluntary assigns by virtue of any judgment or other process of law, nor by any involuntary assignment whatsoever: but the said right of occupancy shall cease and be absolutely void whenever the legal holder thereof shall have become the owner or claimant of more than one hundred and sixty acres of land inclusive of the land described in such Certificate: and in that case, the land so held by right of occupancy, shall revert to the United States: Provided, that any owner of other lands may have in possession a tract so held in the Capacity of legal guardian for infant heirs; and that any person owning other lands to whom a tract held by right of occupancy may des-cend or be devised shall have six months in which to furnish proof, to the satisfaction of the proper Officer, that he ^or she^ has legally conveyed said tract

to some person, who own’s less ^not more^ than one hundred and sixty acres, including this tract, or that he ^or she^ has disposed of other lands belonging to him, ^or her^ so as to, reduce, the aggregate, owned or claimed by him, ^or her^ including this tract, to one hundred and sixty acres, or less, or shall have paid the United States, for the lands so devised, to ^to or^ inherited by him, described, in said certificate, at the rate of one dollar and twenty-five cents per acre, with lawful interest thereon, from the date of the warrant of preemption: and in every case of forfeiture it shall be the duty of the District Attorney, of the United States for the district, in which the forfeited land is situated to institute, and prosecute, an action, to recover to the use, of the United States the lands so forfeited.

Sect IV.
And be it further enacted, that, on and after the expiration of the seven years’ preemption, specified, in any such warrant, the whole or any portion, of the tract specified, therein, which shall not, within the term of prëemption, have been purchased of the united States and paid for, or ^been^ covered by certificate, of right of occupancy as aforesaid, shall be open to entry and sale

as if such warrant, had not been issued.

Sect. V. And be it further enacted, that no warrant, or certificate provided for in this act, shall issue to any person, not of legal age, nor to any idiot, or insane person whatever.

Sect VI And be it further enacted, that every applicant to purchase, except as herein after provided, after the 15^th of April next, any public lands of the united States, whether at public auction, or by private entry, shall, before obtaining title to the same, be required, to make and file, in the proper land office, an affidavit, or affirmation, setting forth that he or she desires the same, and the whole thereof for occupation, improvement, and use by him or herself, and has no intention of selling [nor?] ^or^ disposing of the same or ^nor^ any part thereof; and to any and every person, refusing or neglecting to file, such an affidavit or affirmation the minimum, price of the public lands, shall be five dollars per acre

Sect VII. And be it further enacted, that any wilful false swearing, or affirming, in any proceeding under the provisions of this act, shall be deemed, to constitute the crime

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of perjury, and shall be punished by imprisonedment, for the term of three years at hard labor in a State[...?] prison, and by a fine, not exceeding one thousand dollars, at the discretion of the Court: and, on conviction of any offender, the title acquired by means of his or her false swearing, shall revert to the United States.

Sect VIII And be it further enacted, that all Acts, and parts of acts, inconsistent with the provisions of this act, are hereby repealed.