the parties to the same; but every such suit either in law or equity shall be commenced within six years next after the sale of such land by the United States. 4 Stat. 392; R. S. 2376. Guh v. Cutter, Burnett (Wis.) 92; 1 Pinney (Wis.) 253. Root v. Shields, 1 Woolw. C. C. 340. SEC. 172. In no case shall more than three sections of Limitation of entries by agripublic lands be entered at private entry in any one town- cultural college ship by scrip issued to any State under the act approved scrip. July two, eighteen hundred and sixty-two, for the establish ment of an agricultural college therein. 15 Stat. 227; R. S. 2377. Cir. G. L. O., July 20, 1875. SEC. 173. Whenever it shall be shown to the satisfaction Sale of saline of the Commissioner of the General Land Office, by testi- lands. mony taken before the register and receiver in any land district, that any of the lands within their district are saline in character, and not subject to sale under the general land laws, such lands shall be offered for sale at public auction at the local land office of the district, in which they are situated, under regulations to be prescribed by the Commissioner, and sold to the highest bidder for cash, at a price not less than one dollar and twenty-five cents per acre; and in case said lands are not sold when so offered, they shall be subject to private sale at such land office, for cash, at a price not less than one dollar and twenty-five cents per acre, in the same manner as other public lands of the United States are sold: Provided, That this section shall not apply to any State or Territory to which a grant of salines has not been made by Congress, nor to any State or Territory to which such a grant has been made but which remains unsatisfied; and the patents issued for said lands shall be in the form of, and shall only operate as, a release and quitclaim of such title as the United States has in such lands. 19 Stat. 221. Delauriere v. Emison, 15 How. 525; Morton v. Nebraska, 21 Wall. 660. Sec. CHAPTER SEVEN. PRE-EMPTIONS. 174. Lands subject to pre-emption. 180. Notice of intention to make final 181. Publication of notice of entry. 183. Claim filed by settler on land not pro- 184. Statement to be filed by settler with intent to purchase, on lands subject to private entry. 185. Declaratory statement of settlers on unsurveyed lands, when filed. 186. Pre-emption claimants; time of making proof and payment. 187. Lands relinquished by pre-emptors, subject to entry at once. 188. Party contesting pre-emption entry to be allowed thirty days after notice of cancellation to make entry. 189. Publication of notice of contest in pre-emption cases. 190. Extension of time in certain cases to persons in military and naval serv ice. 191. Death before consummating claim; who to complete, &c. 192. Entries of insane persons confirmed in certain cases. Where claimant of entry becomes register or receiver. 210. Right of transfer of settlers under 193. Non-compliance with laws caused by homestead and pre-emption laws for certain public purposes. 211. Lands subject to pre-en ption. 68 Public sales of land not to be delayed by pre-emption claims. SEC. 174. All lands belonging to the United States, to which the Indian title has been or may hereafter be extinguished, shall be subject to the right of pre-emption, under the conditions, restrictions, and stipulations provided by law. 12 Stat. 413; 18 id. 18, 334; 19 id. 35; R. S. 2257. Minnesota v. Bachelder, 1 Wall. 109; Hughes v. Ú. S., 4 id. 232; Hutchings v. Low, 15 id. 77; Shepley v. Cowan, 1 Otto, 330; Atherton v. Fowler, 6 id. 513; Hosmer v. Wallace, 7 id. 575; Trénouth v. San Fran cisco, 10 id. 251. Russell v. Beebe, 1 Hemp. C. C. 704; Gimmy v. Culverson, 5 Saw. C. C. 605; Hummell. Railway Co., 3 Dillon C. C. 313. Op. Att. Gen. 106, 697; 5 id. 7; 11 id. 490. Terry v. Megerle, 24 Cal. 609; Hastings v. McGrogin, 27 id. 85; Robinson v. Forrest, 29 id. 317; People v. Shearer, 30 id. 685; Mahoney v. Van Winkle, 33 id. 448; Smith v. Athern, 34 id. 270; Hutton v. SEC. 175. The following classes of lands, unless otherwise Lands not subspecially provided for by law, shall not be subject to the ject to pre-emprights of pre-emption, to wit: First. Lands included in any reservation by any treaty, law, or proclamation of the President, for any purpose.1 Second. Lands included within the limits of any incorporated town, or selected as the site of a city or town. Third. Lands actually settled and occupied for purposes of trade and business, and not for agriculture. 3 2 Fourth. Lands on which are situated any known salines or mines. 4 5 Stat. 455; 19 id. 221; R. S. 2258. 1 Barnard v. Ashley, 18 How. 43; Hale v. Gaines, 22 id. 144; Wilcox v. Jackson, 13 Pet. 498; U. S. v. Fitzgerald, 15 id. 407; Minnesota v. Bachelder, 1 Wall. 109; Shepley v. Cowan, 1 Otto, 330; Van Reynegan v. Bolton, 5 id. 33; Hosmer v. Wallace, 7 id. 575; Trenouth v. San Francisco, 10 id. 251; Wolsey v. Chapman, S. C., Oct. T. 1879. Turner v. Missionary Union, 5 McLean, C. C. 344; U. S. v. Railway Bridge Co., 6 id. 517; Dupas v. Wassel, 1 Dillon, C. C. 213; Russell v. Beebe, 1 Hemp. C. C. 704. Josephs v. U. S. 1 N. and H. 197; Johnson v. U.S. 2 id. 391. 2 Op. Att. Gen. 42, 578; 10 id. 56. Bellows v. Todd, 34 Iowa, 18; Fenwick v. Gill, 38 Mo. 510; Gaines v. Hale, 16 Ark. 9; same case, 26 id. 168; Marks v. Dickson, 10 La. Ann. 597; McConnell v. Wilcox, 1 Scam. (Ills.) 344; Smith v. Goodell, 66 Ills. 450; Wood v. Railway Co., 11 Kansas, 323; Eli v. Frisbie, 17 Cal. 250; Mahoney v. Van Winkle, 21 id. 552; Page v. Hobbs, 27 id. 484; Carpenter v. Sargent, 4. id. 557. Decision Sec. Int., April 15, 1880. 2 Kissell v. St. Louis Pub. Schools, 18 How. 19; Stark v. Starrs, 6 Wall. 402. Root v. Shields, 1 Woolw. C. C. 340. Smiley, v. Sampson, 1 Neb. 56; Towsley v. Johnson, 1 id. 95; Nevada v. Rhodes, 4 Nev. 312. Decisions Sec. Int., June 5, 1876; July 26, 1876; Nov. 5, 1878; Oct. 1, 1879. 3 Op. Att. Gen., July 3, 1871; July 24, 1871; Aug. 5, 1871; Sept. 27, 1871. Decisions Sec. Int., July 24, 1871; Nov. 5, 1878. 4 U. S. v. Gear, 3 How. 120; Morton v. Nebraska, 21 Wall. 660. Decision Sec. Int., Feb. 5, 1878. SEC. 176. Every person, being the head of a family, or widow, or single person, over the age of twenty-one years, and a citizen of the United States, or having filed a declaration of intention to become such, as required by the naturalization laws, who has made, or hereafter makes, a settlement in person on the public lands subject to pre-emption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon, is authorized to enter with the register of the land office for the district in which such land lies, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quartersection of land, to include the residence of such claimant, tion. Persons entitled to pre-emption. upon paying to the United States the minimum price of such 5 Stat. 455; 18 id. 194, 294, 334; 19 id. 35, 404, 405; R. S. 2259. Lytle Persons not en tion. First. No person who is the proprietor of three hundred and twenty acres of land in any State or Territory.1 Second. No person who quits or abandons his residence on his own land to reside on the public lands in the same State or Territory.2 5 Stat. 455; R. S. 2260. 1 Decision Sec. Int., April 24, 1873. Decision Com. G. L. O., Oct. 2 Decisions Com. G. L. O., Jan. 12, 1857; Oct. 11, 1879. Limitation of SEC. 178. No person shall be entitled to more than one pre-emption right. pre-emptive right by virtue of the provisions of section one hundred and seventy-six; nor where a party has filed his declaration of intention to claim the benefits of such provisions, for one tract of land, shall he file, at any future time, a second declaration for another tract. Oath of preemptionist, where filed; penalty. 5 Stat. 455, 620; R. S. 2261. Johnson v. Towsley, 13 Wall. 72. SEC. 179. Before any person claiming the benefit of this person taking such oath swears falsely in the premises, he shall forfeit the money which he may have paid for such land, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona-fide purchasers, for a valuable consideration, shall be null and void, except as provided in section two hundred and ten. And it shall be the duty of the officer administering such oath to file a certificate thereof in the public land office of such district, and to transmit a duplicate copy to the General Land Office, either of which shall be good and sufficient evidence that such oath was administered according to law. The affidavit required by this section may be made before the clerk of the county court or of any court of record, of the county and State or district and Territory in which the lands are situated; and if the lands are situated in any unorganized county, the affidavit may be made in a similar manner in any adjacent county in said State or Territory, and the affidavit so made and duly subscribed shall have the same force and effect as if made before the register or receiver of the proper land district; and the same shall be transmitted by such clerk of the court to the register and receiver with the fee and charges allowed by law. 5 Stat. 456; act of June 9, 1880; R. S. 2262. Thredgill v. Pintard, 12 made before clerk of Final proof county court. SEC. 180. That before final proof shall be submitted by Notice of intenany person claiming to enter agricultural lands under the tion to make final proof. laws providing for pre-emption entries, such person shall file with the register of the proper land office a notice of his or her intention to make such proof, stating therein the description of lands to be entered, and the names of the witnesses by whom the necessary facts will be established. 20 Stat. 472. SEC. 181. Upon the filing of the notice required by the Publication of preceding section the register shall publish a notice, that notice of entry. such application has been made, once a week for the period of thirty days, in a newspaper to be by him designated as published nearest to such land, and he shall also post such notice in some conspicuous place in his office for the same period. Such notice shall contain the names of the witnesses as stated in the application. At the expiration of said period of thirty days the claimant shall be entitled to make proof in the manner provided by law. The Secretary of the Interior shall make all necessary rules for giving effect to the foregoing provisions. 20 Stat. 472. 14 Op. Att. Gen. 601. SEC. 182. Prior to any entries being made under and by |