It Then Provides How
Such Town Site Is To Be Entered And Patented.
If the town be
incorporated, then the entry is to be made by its corporate
authorities.
If the town be not incorporated, then it may be entered
in the name of the judges of the county court of the county, in which
the projected town lies, "in trust for the several use and benefit of
the several occupants thereof, according to their respective
interests." Here we have express recognition of voluntary selection
and occupancy by individuals, and provision for means by which legal
title in their behalf may be acquired and patented.
I am aware that by numerous statutes anterior to the act of 1841,
provision is made for the authoritative selection of town sites in
special cases; but such provisions do by no means exclude or
contradict the later enactment of a general provision of law to
comprehend all cases of selections for town sites, whether
authoritative or voluntary. I think the act of 1841, construed in the
light of the complementary act of 1844, as it must be, provides
clearly for both contingencies or conditions of the subject. Among the
anterior acts, however, is one of great importance and significancy
upon this point, more especially as that act received exposition at
the time from the proper departments of the Government. I allude to
the act of June 22d, 1838, entitled "An act to grant preemption rights
to settlers on the public lands." This act, like that of 1841,
contains a provision reserving certain lands from ordinary preemption,
among which are:
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