1. Indian Lands—Intercourse Act op 1884—Oregon Territory.

The provisions of the intercourse act of June 30, 1834, regulating trade and. intercourse with the Indian tribes, did not apply to the Oregon territory, which did not become a part of the United States until the treaty of June 15, 1840; and the act of June 5, 1850, extending the provisions of the intercourse act over the Oregon territory so far as applicable, did not, through the prohibition in the intercourse act of settlement upon Indian lands, affect the rights of settlers who had taken actual possession of lands within that territory before the passage of the act of 1850.

S, Same—Nez Piieoe Treaty—Donation Act.

The treaty of the United States with the Nez Perce Indians of June 11, 1855, relinquished to the United States the right, title, and interest of the Indians to the country occupied by them, reserving for their own use a specified part. It also contained a clause providing that certain land occupied by one C., though within the boundaries of the reserved portion, should not form part of the reservation. Held, that by this treaty the title to the land so occupied by O. was fully vested in the United States, and such land came within the terms of the donation act of September 27, 1850, granting titles to settlers upon lands in the Oregon territory. •

8. Public Lands—Donation Act—Pkoof of Title.

The donation act of September 27, 1850, granting lands to settlers in the Oregon territory, required that the settler, within a certain time after survey should be made, or, if already made, within the same time after settlement, file a notice of the land claimed and certain proof of settlement with the surveyor general, who should then issue a certificate showing the lands to which the settler was entitled. In 1853 an act was passed requiring persons entitled to the benefit of the donation act to file, in advance of the making of public, surveys, a notice setting forth their claims to the benefit of the donation act, with proof of settlement. Edd, that one who had settled on unsurveyed land, and who, within the time limited by the act of 1853, filed his notice and proofs under that act, and was only prevented from complying with the terms of the donation act by the failure of the government to extend its survey over the lands claimed by him, was entitled, though he had never received a patent, to be quieted and protected in his possession of the land, and could convey the same right to his grantee.