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OREGON DONATION ACT.

The next donation act was passed for Oregon Territory September 27, 1850. The act provided for making surveys and donations of public lands in Oregon, and related to two classes of settlers. It granted to the first class of actual settlers of the public lands there, who were such prior to the 1st September, 1850, a donation of the quantity of a half section, or 320 acres, if a single man; and if married, the quantity of an entire section, or 640 acres, one half to the husband and the other to the wife in her own right; and to the second class, who were or should become settlers between the 1st December, 1850, and the 1st December, 1853, it granted the quantity of a quarter section, 160 acres, to a single man; and if married, the quantity of a half section, or 320 acres; one-half to the husband and the other to the wife, in her own right.

The first class of beneficiaries embraced white settlers or occupants, American halfbreed Indians included, above the age of eighteen years, who were citizens of the United States residing in that Territory, and those not being citizens who should make their declaration of intention to become such on or before the 1st December, 1851.

The second class embraced white male citizens of the United States above the age of twenty-one years, or persons who had made a declaration of intention to become citizens, emigrating and settling in that Territory between the 1st December, 1850, and 1st December, 1853.

The act of February 14, 1853, extended this time to December 1, 1855. Emigrants becoming married within one year after arriving in the Territory, or within one year after becoming twenty-one years of age, were entitled to the advantages accorded to married men. Residence on and cultivation of the land for four consecutive years was necessary to insure a patent from the Government. Mineral lands were excluded from being located under the act.

The act of February 14, 1853, amendatory of the said act of 1850, provided that in lieu of the term of four years' continued occupation after settlement, required by said act, claimants should be permitted, after two years' continuous residence and occupation, to pay for their lands at the rate of $1.25 per acre, and subsequent legislation still further reduced this time to one year. The act expired by limitation December 1, 1855. It resulted as follows:

Number of donation certificates issued in Oregon, under the act of September 27, 1850, and supplemental legislation (9 Stats., p. 496). Number of acres of land covered thereby.....

WASHINGTON TERRITORY DONATION ACT.

7,317

2,563, 757.02

By the act of March 2, 1853, establishing the Territorial government of Washingington, part of the then Territory of Oregon was detached and constituted the Territory of Washington, and by the sixth section of the act of July 17, 1854, all the provisions of the donation law were extended to the latter Territory. The act expired December 1, 1855. The following statement shows the entries under the same: Number of donation certificates in Washington Territory, under act of March 2, 1853, and supplemental legislation (10 Stats., p. 172) ... Number of acres of land covered thereby.

985

290, 215. 35

The year when the donees entered their respective claims, under the various acts of Congress, in Oregon and Washington Territory cannot be determined in the General Land Office, as some of the notifications are dated and some are not. These entries should all have been made as directed by the sixth section of said act of September 27, 1850, amended by the third section of the act of July 17, 1854 (10 Stats., p. 305). Those who failed to file their notifications as required by law, were relieved by the act of June 25, 1864 (13 Stats., p. 184).

NEW MEXICO TERRITORY DONATION ACT.

Congress, July 22, 1854, in the "act to establish the offices of surveyors-general of New Mexico, Kansas, and Nebraska," provided in the second section for a grant of 160

acres of land to every white male citizen of the United States, or who had declared his intention to become such, above the age of twenty-one years, who was residing in the Territory of New Mexico prior to January 1, 1853, and at the date of the passage of the act of July 22, 1854. The same grant was made to the same classes of persons who removed or should remove to said Territory between January 1, 1853, and January 1, 1858. The applications were filed with the surveyor general, and afterward in the district land office. Actual settlement and cultivation for four years were made conditions of this grant, except where the grantee desire to pay cash, at $1.25 per acre, which was permitted under the seventh section of the act. This law is still in force. The following table shows entries by the year under this act:

New Mexico donations, under the act of July 22, 1854 (10 Stat., 308) reported to the General Land Office up to June 30, 1880.

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CHAPTER XXV.

TOWN-SITE AND COUNTY-SEAT ACTS.

Under the town-site acts there have been located on the public domain 420 towns, with an acreage of 144,131.23 acres.

Under the county-seat act eight counties have secured a total of 886.68 acres.

The benefit of the town-lot act has been taken by six towns, and a total of 649 blocks located thereunder, or 3,840 acres.

Under the law authorizing the President to reserve town sites, but one town has been reserved-the town of Sault Ste. Marie, Mich., containing 59 acres—was confirmed by the act of September 26, 1850. Under all acts, 148,916.91 acres.

TOWN SITES-THE FIRST ACTS.

The acts of Congress of June 13, 1812, and May 26, 1824, and subsequent laws, confirmed to the inhabitants of certain towns and villages in the Territory of Missouri, their holdings, which they had inhabited, cultivated, or possessed prior to December 20, 1803. This rule as established was uniformly followed in the approval of town holdings in the portions of the Nation which were acquired by purchase or annexations

TOWN-SITE LAWS.

The laws of the United States providing for the reservation and sale of town sites on the public lands are found in Title 32, Chapter VIII, of the Revised Statutes of the United States, sections 2380 to 2390, inclusive.

These laws are very liberal in their provisions, and contemplate not only the entry of land already settled upon for purposes of trade, for the benefit of the citizens of the town, but provide for the selection and reservation of land, whether surveyed or unsurveyed, for town sites "on the shores of harbors, at the junction of rivers, important portages, or natural or prospective centers of population," in advance of the settlement thereof, or of the surrounding country.

In the pre-emption law of 1841 (sec. 10, 5 Stats., p. 455, and sec. 2258 R. S.), the following classes of lands were reserved from pre-emption settlement and entry, viz: 1st. "Lands included within the limits of any incorporated town, or selected, as the site of a city or town"; and 2d. "Lands actually settled and occupied for purposes of trade and business, and not for agriculture."

The same provisions apply to lands subject to entry under the homestead law. (Act May 20, 1862, 12 Stats., p. 392; sec. 2289 R. S.)

The same reservation is made in direct terms, or by implication, in nearly all the acts of Congress providing for the various classes of scrip. (See cases of Seattle town site; the City of Chicagovs. Valentine; Superior City vs. Scrip, Secretary's decision, June 23, 1862.)

The objects and benefits to arise from this reservation from settlement and entry on lands within the corporate limits of a town are, to a great extent, set forth in the decision of Mr. Justice Miller, in Root vs. Shields. (1 Woolworth, C. C. Reports, 342.) The act of March 3, 1877, entitled "An act respecting the limits of reservations for town sites upon the public domain", (19 Stats., p. 392), was passed to remedy the evil, in certain cases, of the incorporation by the State or Territorial legislature of a town with limits covering larger areas than the maximum quantity of 2,560 acres.

The law provides three methods of acquiring title to town property:

First. Where the President of the United States has directed the reservation provided for by section 2380, Revised Statutes.

Second. In cases where towns have already been established, or where parties desire to found a town; and

Third. Under section 2387 of the Revised Statutes, the entry of land, settled and occupied as a town site, by the corporate authorities, if the town be incorporated, or, if unincorporated, by the county judge, for the use and benefit of the several occupants.

The manner in which these entries are to be made is fully prescribed by the statute, and need not be mentioned here in detail.

Under the provisions first mentioned, there is no limit prescribed by the law as to the area that shall be disposed of for the benefit of the town or its inhabitants, or of the quantity that may be purchased by any one person.

Under the second method the town is to be surveyed into lots and blocks, and a plat thereof constructed, the exterior limits of which shall not describe an area of exceeding 640 acres.

Under the third method the area that may be entered for the benefit of the town will depend upon the number of the occupants.

Where title is to be acquired under either the first or second method, the patent will issue from the United States directly to the party purchasing or to his assignee. Where an entry has been made under the third method, which is, probably, the least expensive manner of acquiring title, the patent will be issued to the mayor or trustees of the town, if incorporated, or to the judge if not incorporated, who receive the title as trustees for the benefit of the several occupants of the town. This trust is to be executed in accordance with the laws of the State or Territory in which the town is located.

The statutes referred to are the only general laws providing for the establishment and entry of town-sites upon the public domain.

The act of May 26, 1824 (sec. 2286, R. S.), provided for the pre-emption, at the minimum price, of a quarter section of land in each county or parish, respectively, for the establishment of seats of justice therein. Under these provisions several entries for county seats have been made in recent years.

The act of August 11, 1876 (19 Stats., p. 227), providing for the disposal of the Osage ceded lands in Kansas makes special provision for the disposal of lands for town sites and to town companies. But two applications have been presented under this law, namely, the towns of Parsons and Oswego, in the Independence land district.

Besides these, and prior to the enactment of the general laws, many towns upon the public lands had been established by special laws of Congress.

The act of March 3, 1863 (sec. 2380, R. S.), was for increasing the revenue by reservation and sale of town sites on public lands. The President was to reserve by proclamation town sites at points where his judgment might dictate, and the Secretary of the Interior was to cause the same to be surveyed into urban or suburban lots, be appraised, value fixed, and sold at public outcry to highest bidder; after this, to be held for private entry as Secretary should direct. Under this act, the register and receiver directed sales and made returns for the same, and the United States issued patent. (See Report Commissioner General Land Office, 1866.)

Under this act but one town has been established.

Under Sec. 2382 of the Revised Statutes six towns have filed the required plats, and the occupants have made entries as provided by law.

Under the act of 1867 (sec. 2387, R. S.), many of the most flourishing towns in the West have been entered.

List of town sites on the public lands, the date of entry, and area, and the act under which the entries were made, as shown by the town-site docket, General Land Office, to June 30, 1880.

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August 18, 1859 November 23, 1860 July 23, 1858

September 12, 1857

August 15, 1856

June 17, 1858

August 16, 1858
September 1, 1860
November 15, 1860
May 22, 1858
October 30, 1860
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November 3, 1860
January 11, 1859.
January 19, 1859.
August 11, 1859
August 27, 1858

July 2, 1859
June 25, 1858.
October 6, 1860
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May 29, 1860
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August 3, 1859
May 27, 1858
December 14, 1875
January 14, 1858
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November 14, 1860
September 14, 1859
June 3, 1856
June 23, 1858
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London

Leroy
Irvington.
Hiawatha.
Georgetown
Falls City.
Saint Joseph.
Saint Cloud.
Salem

Maple Lake..
Robinson
Red Stone
Toledo
Tecumseh
Topeka.

Table Rock

Wilmington
Waubaunsee

Young America

Ponca Potosi Padonia Plymouth.

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Kansas

280

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320

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Nebraska.

160

Do.

Kansas

320

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Iowa

240

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Kansas

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Pleasant View

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80

May 23, 1844.

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