Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-07-10


to the lands lately acquired by treaty with
the Miami tribe Of Indians IN the State of
Indiana, Of which proclamation was made
bvthe President of the United States on
the twenty. second day Of December,
eighteen hundred and thirty.seyen, or to
.anv sections on fractions Of sections of
land included within the location Of any
incorporated town, or to the alternate
sections, granted TO the use of any .capal
or rail road, or ether public improvement,
or 10 any portions of public lands, sur
veyed or otherwise, which have been ac-
tually selected as sites for cities or towns
lotted into smaller quantities than eighty
acres, and settled upon and occupied for
the purposes of trade, and not of agricul-
tural cultivation and improvement, or TO
any land specially occupied or reserved
for town lots or other purposes, by au-
thority Of the United States: And Pro-
uided, further, That nothing herein con-
tanned shall be construed to affect any of
the selections of public lands for the pur-
poses of education, the use of salt springs,
or for any other purpose, which may have
been or may be made by any State under
existing laws of the United States; but
this act shall not be so construed as TO de-
prive those Of the benefits Of this act
who have inhabited, according to its pro-
visions, certain fractions of the public
lands within the land district of Palmyra,
in the State of Missouri, which were re-
served from sale in. consequence of the
surveys of Spanish and French grants,
but are found to be without the lines of
said grants.
Sec. 2. That, before any person claim
ing the benefit of this law shall have a
patent for the land which he may claim,
by having complied with its provisions, be
shall make oath before some person au-
thorised by law to administer the same,
which oath, within the certificate Of the
person administering it, shall be filed with
the register of the proper land Office when
the land is applied for, and by said regis
ter sent to the Office Of the commissioner
of Public Lands, that he entered upon the
land which he claims, in his own right,
and exclusive of his own use and benefit;
and that he has not directly or indirectly,
made any agreement or contract in any
way or manner with my Pc son or per-
sons whatever, by which he might acquire
from the Government of the United States
Eshall] inurc to the use or benefit OF any
one except himself, or to convey or trans
fer the said land, or the title which he may
acquire to the same, to any other person
or persons whatever, at any subsequent
time. And if any such person claiming
the benefit of this law as aforesaid, shall
swear falsely in the premises, he shall be
subject to all the pains and penalties for
perjury, for the money which he may have
paid for the land, and all right and title to
the said land; and any grant or convey
ance which he may have made IN pursu-
ance of such agreement or contract as
aforesaid, shall be void, except in the
hands of purchaser in good faith, for a
valuable consideration, without notice;
and the certifcrte which shall be fileo
with the commissioner as aforesaid, shall
be taken to be conclusive evidence that
the oath was legally administered: Ana
provided further, That it shall be the duty
of the President of the United States &c
cause to be reserved from sale or entry,
under the provisions of this Or any other
law of the United States, any tract 81
tracts of land reserved to any Choctaw
under the provisions of the treaty of Dan.
cling RABBIT creek, Of one thousand eight
hundred and thirty; and also to reserve
from sale or entry a sufficient quantity o
the lands acquired by said treaty, upon
which no such settlement or improvement
has been made, as would entitle the set.
tier or improver to a right of preemption
under this act, to satisfy the claims of such
Indians as may have been entitled to re-
servations under the said treaty, and
whose lands may have been sold by the
United States on account of any default,
neglect, or omission of duty on the part
of any officer of the United States. Such
reservation from sale to continue until the
claims to reservations under said treaty
shall be investigated by the board OF CON-
missioners appointed for that purpose, and
their report finally acted on by Congress.