S53 



upon paying the United States the minimum price of such land, subject, 

 however, to the following limitations and exceptions : No person shall 

 be entitled to more than one pre-emptive right by vir f ue of this act ; 

 no person who is the proprietor of three hundred and twenty acres of 

 land in any State or Territory of the United States, and no person who 

 shall quit or abandon his residence on his own land to reside on the 

 public land in the same State or Territory, shall acquire any right of 

 pre-emption under this act ; no lands included in any reservation by 

 any treaty, law, or proclamation of the President of the United States, 

 or reserved for salines, or for other purposes ; no lands reserved for the 

 support of schools, nor the lands acquired by either of the two last 

 treaties with the Miami tribe of Indians, in the State of Indiana, 

 or which may be acquired of the Wyandot tribe of Indians in the 

 State of Ohio, or other Indian reservation to which the title hasi been 

 or may be extinguished by the United States at any time during the 

 operation of this act ; no sections of land reserved to the United States 

 alternate to other sections granted to any of the States for the con- 

 struction of any canal, railroad, or other public improvement ; no sec- 

 tions or fractions of sections included within the limits of an incorpo- 

 rated town ; no portions of the public lands which have been selected 

 as the site for a city or town ; no parcel or lot of land actually settled 

 and occupied for the purposes of trade and not agriculture ; and no 

 lands on which are situated any known salines or mines, shall be liable 

 to entry under and by virtue of the provisions of this act. And so 

 much of the proviso of the act of twenty-second of June, eighteen 

 hundred and thirty-eight, or any order of the President of the United 

 States, as directs certain reservations to be made in favor of certain 

 claims under the treaty of Dancing-rabbit creek, be, and the same is 

 hereby, repealed ; Provided, That such repeal shall not affect any title 

 to any tract of land secured in virtue of said treaty. 



Sec. 11. And be it further enacted, That when two or more persons 

 shall have settled on the same quarter section of land, the right of pre- 

 emption shall be in him or her who made the first settlement, provided 

 such persons shall conform to the other provisions of this act ; and all 

 questions as to the right of pre-emption arising between different set- 

 tlers, shall be settled by the register and receiver of the district within 

 which the land is situated, subject to an appeal to and a revision by the 

 Secretary of the Treasury of the United States. 



See. 12. And be it further enacted, That prior to any entries being 

 made under and by virtue of the provisions of this act, proof of the 

 settlement and improvement thereby required, shall be made to the 



