hereafter not to include town settled. claimed under any of the provisions of the act to create the office Donations, of surveyor-general of the public lands in Oregon, etc., approved surveyed September twenty-seven, eighteen hundred and fifty, shall in no de case include a town site, or lands settled upon for purposes of busi- sites or lands ness or trade, and not for agriculture; and all legal sub-divisions 1850, ch. 76. included in whole or in part in such town sites, or settled upon for purposes of business or trade, and not for agriculture, shall be subject to the operations of the act of May twenty-three, eighteen hundred and forty-four, "for the relief of citizens of towns upon lands 1844, ch. 17. of the United States, under certain circumstances," whether such settlements were made before or after the surveys: Provided, how- Can ever, That the period of two years' occupancy required of settlers one before they can purchase the lands claimed by them under the occupancy. provisions of the first section of the act of February fourteen, eighteen hundred and fifty-three, above mentioned, shall be, and 1853, ch. 69. the same is hereby, reduced to one year. pur chase after year's of fourth sec 76, repealed. SEC. 2. And be it further enacted, That the proviso to the fourth Part section of the act of twenty-seventh September, eighteen hundred tion of the and fifty, above mentioned, by which all contracts for the sale of act, 1850, ch. lands claimed under that law, before the issue of the patents therefor, are declared void, shall be, and the same is hereby, repealed: Provided, That no sale shall be deemed valid, unless the vendor Proviso. shall have resided four years upon the land. act, Sept. 4, extended to territories. of to SEC. 3. And be it further enacted, That the pre-emption privilege Pre-emption granted by the act of fourth September, eighteen-hundred and forty- 1841, ch. 16, one, shall be, and the same is hereby extended to the lands in Oregon and Oregon and Washington territories, whether surveyed or unsur- Washington veyed, not rightfully claimed, entered or reserved, under the provisions of this act, or the acts of which it is amendatory, nor excluded by the terms of the said act of eighteen hundred and forty- 1841, ch. 76. one, with the exception of unsurveyed lands as above mentioned; and all settlers on unsurveyed lands in said territories shall give notice to the surveyor-general, or other duly authorized officer, of the particular tract claimed under this section, within six months after the survey of such lands is made and returned. And all Notice per- claims, sons claiming donations under this act, or the acts of which it is whom amendatory, shall in like manner give notice to the surveyor-gene- given. ral, or other duly authorized officer, of the particular lands claimed as such donations, within thirty days after being requested to do so by such officer; and failing such notice in either case, the claimant or claimants shall forfeit all right and claim thereto: Provided, Proviso. however, That the time limited by the sixth section of the act of 1853, ch. 60. eighteen hundred and fifty-three, in which claimants under the act of eighteen hundred and fifty are required to give notice of their 1850, ch. 76. claims, shall be, and the same is hereby extended to the first of December, eighteen hundred and fifty-five, except in cases where the surveyor-general shall request them so to do, as above provided. and when to be Washington to SEC. 4. And be it further enacted, That, in lieu of the two town. Grants ships of land granted to the territory of Oregon by the tenth section and Oregon of the act of eighteen hundred and fifty, for universities, there shall for universibe reserved to each of the territories of Washington and Oregon 1850, ch. 76. two townships of land of thirty-six sections each, to be selected in ty. rents, if living, would legal sub-divisions, for university purposes, under the direction of the Legislatures of said territories respectively. Land grant- SEC. 5. And be it further enacted, That in any case where orphans orphans: have been, or may be, left in either of the said territories, whose parents, or either of them, if living, would have been entitled to a be entitled. donation under this act, or either of those of which it is amendatory, said orphans shall be entitled to a quarter-section of land on due proof being made to the satisfaction of the surveyor-general, subject How set off to the decision of the secretary of the interior. Said land to be set off to them by the surveyor-general in good agricultural land, not reserved, or otherwise appropriated, under any law of Congress; How vested and, in case of the death of either or any of said orphans, after in case of their lands shall have been designated by the surveyor-general, the right or rights of the deceased shall vest in the survivor or sur death. ed to Oregon ington terri tories. vivors. Act extend- SEC. 6. And be it further enacted, That all the provisions of this and Wash act, and the acts of which it is amendatory, shall be extended to all the lands in Oregon and Washington territories; and, for the purpose of carrying said acts into effect in said territories, the president Register and shall be, and he is, hereby authorized to appoint a register and rebe appoint'd; ceiver for each of said territories, whose powers, duties, obligations, powers, and and responsibilities, shall be the same as are now prescribed by law compensat'n. for other land officers and for the surveyor-general of Oregon, so Receiver to their duties, territ'y inade Surveyor appointed, far as they apply to such officers. They shall keep their offices at such place as the president shall, from time to time, direct; and their compensation shall be twenty-five hundred dollars each, per annum, and office rent; but they shall be entitled to no fees or other emoluments of any kind whatsoever, except the receiver's actual and necessary expenses in depositing; and, on satisfactory proof that either of said officers, or any other officer, has charged or received fees or other rewards not authorized by law, he shall be forthwith removed from office. Washington SEC. 7. And be it further enacted, That the territory of Washinga surveying ton shall be erected into a separate surveying district, and the predistrict. sident of the United States is hereby authorized to appoint a surgeneral; how veyor-general for the same, who shall hold his office at such place his powers, as the president may direct, and the location thereof may be changed from time to time, if, in the judgment of the president, the public interest should require it; and the powers, duties, obligations, responsibilities and emoluments of the said surveyor-general shall be the same as are now prescribed by law for the surveyor-general of Oregon. duties, and fees. APPROVED July 17, 1854. ABSTRACT OF THE LAWS OF THE UNITED STATES IN RELA- admitted as SEC. 1. Any alien, being a free white person, may be admitted Who may be to become a citizen of the United States, or any of them, on the citizens. following conditions, and not otherwise: Form of declaration two admission; whom made. SEC. 2. First: That he shall have declared, on oath or affirmation, before the Supreme, Superior, District or Circuit Court of some years prior to one of the states, or of the territorial districts of the United States, and before or a circuit or district court of the United States, or before the clerk of either of such courts, (b) two(c) years at least before his admission, that it was bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof such alien may, at the time, be a citizen or subject.(d) sons exempt SEC. 3. From this condition are exempted any alien, being a free Certain perwhite person, who was residing within the limits and under the ju- ed from prerisdiction of the United States at any time between the eighteenth ceding condiday of June, 1798, and the fourteenth day of April, 1802, and who has continued to reside within the same.(e) tions. minors who U. S. when SEC. 4. Any alien, being a free white person and a minor, under Admission of the age of twenty-one years, who shall have resided in the United arrive in the States three years next preceding his arrival at the age of twenty- not over 18. one years, and who shall have continued to reside therein to the time he may make application to be admitted to be a citizen thereof, may, after he arrives at the age of twenty-one years, and after he shall have resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration, required in the second section, three years previous to his admission: But such alien shall make the declaration required therein at the time of his or her admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for three years next preceding, it has been the bona fide intention of such alien to become a citizen of (a) 6 Cranch. 176; 2 Whea. 259; 4 Peters, 393; 8 Cranch. 335; 7 Cranch. 420; 2 Galli. C. C. Rep. 11; Peters' C. C. Rep. 457. (b) Act May 26th, 1824, sec. 3. Story, 1973. (c) Ibid. sec. 4. (d) Act April 14th, 1802. Story, 850. (e) Act March 26th, 1804, sec. 1. Story, 942. When dow wiand alien deemed citizens. the United States; and shall, in all other respects, comply with the laws in regard to naturalization.(a) SEC. 5. When any alien, who shall have complied with the conchildren of dition specified in section second, and who shall have pursued the deceased directions prescribed in the second section of the act of April 14, 1802,() may die before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law. (c) upon Oath admission. Proof of cha racter and SEC. 6. An alien shall, at the time of his application to be admitted, declare, on oath or affirmation, before some one of the courts aforesaid, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or Sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof he was before a citizen or subject; which proceeding shall be recorded by the clerk of the court.(d) SEC. 7. The court admitting such alien shall be satisfied that he residence, has resided within the United States five years, at least, and within before ad- the state or territory where such court is at the time held, one year, by whom to at least; and it shall further appear to their satisfaction that, dur mission, and be made. Alien to re ditary title of; to be citi ing that time, he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same. The oath of the applicant shall, in no case, be allowed to prove his residence.(e) SEC. 8. In case the alien, applying to be admitted to citizenship, nounce here- Ishall have borne any hereditary title, or been of any of the orders record there of nobility in the kingdom or state from which he came, he shall, zen of count- in addition to the above requisites, make an express renunciation with United of his title or order of nobility, in the court to which his application States. shall be made, which renunciation shall be recorded in the said ry at peace As to aliens residing in the States 1812. court: Provided, That no alien, who shall be a native citizen, deni zen or subject of any country, state, or sovereign with whom the United States shall be at war at the time of his application, shall be then admitted to be a citizen of the United States.(g) SEC. 9. But persons resident within the United States or the ter United ritories thereof, on the eighteenth day of June, in the year one in thousand eight hundred and twelve, who had, before that day, made a declaration according to law, of their intention to become citizens of the United States; or who, by the existing laws of the United States, were, on that day, entitled to become citizens without making such declaration, may be admitted to become citizens (a) Act May 26th, 1824, sec. 1. Story, 1973. (b) The second section of the act of April 14, 1802, required an alien, when he ar rived in the United States, to have his name registered, &c., with the clerk of the proper court, &c. This section was repealed by act of May 24, 1828. Story, 850, 2145. (c) Act March 26, 1804, sec. 2. (d) Act 14th April, 1802, sec. 1. (e) Act 14th April, 1802, sec. 1. (g) Act 15th April, 1802, sec. 1. Story, 942. thereof, notwithstanding they shall be alien enemies, at the times, and in the manner prescribed by the laws heretofore passed on that subject: Provided, That nothing herein contained shall be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy, at any time previous to the actual naturalization of such alien.(a) residing in tween 1802 SEC. 10. Any alien, being a free white person, who was residing As to aliens within the limits, and under the jurisdiction of the United States, the U. S. bebetween the fourteenth day of April, one thousand eight hundred and 1812. and two, and the eighteenth day of June, one thousand eight hundred and twelve, and who has continued to reside within the same, may be admitted to become a citizen of the United States, without having made any previous declaration of his intention to become a citizen: Provided, That whenever any person, without a certificate of such declaration of intention, shall make application to be admitted a citizen of the United States, it shall be proved, to the satisfaction of the court, that the applicant was residing within the limits, and under the jurisdiction of the United States, before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same; or he shall not be so admitted: and the residence of the applicant within the limits, and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citizens of the United States; which citizens shall be named in the record as witnesses: and such continued residence within the limits, and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.(b) S. 1798 and 1802, of residence in record to ad mission valid SEC. 11. Nothing in the foregoing section (ten) contained, shall as to aliens be construed to exclude from admission to citizenship any free the U. 5. bewhite person who was residing within the limits and under the tween jurisdiction of the United States at any time between the eight- what proof eenth day of June, one thousand seven hundred and ninety-eight, required, and and the fourteenth day of April, one thousand eight hundred and how set forth two; and who, having continued to reside therein without having render made any declaration of intention before a court of record, as aforesaid, may be entitled to become a citizen of the United States, according to section three. Whenever any person, without a certificate of such declaration of intention, as aforesaid, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States, before the fourteenth day of April, one thousand eight hundred and two, and has continued to reside within the same; or he shall not be so admitted. And the residence of the applicant within the limits and under the jurisdiction of the United States, (a) Act of July 30, 1813. Story, 1354. (b) Act May 24, 1828. Story 2145; and see Story 1354. |