Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-09-23

| tlOnS OF sections included WITHIN Inc lIfnt
Of any incorporated town; no portions o
the public lands which have been selecter
as the site for city or town no parce
or lot Of land actually settled and occupies
for the purpos, Of trade and not agricul
ture; and no lands on which are situated
any known salines OF mines, shall be liable
to entry under and by virtue Of the provi
sions OF this act. And so much OF III,
proviso Of the act of twenty-second o
June, eighteen hundred and thirty-eght
or any order OF the Presiden; of the United
States, as directs certain reservations &c
be made IN favor Of certain claims under
the treaty of Dancing Rabbit creek be,
and the same is hereby, repealed /; Pro.
Uided, That such repeal shall not affect
any title to any tract OF land secured in
virtue of said treaty.
SEC. IL. And be IL further enacted, That
when two or more persons shalt have set
tied on the same quarter section of land,
the right Of pre-. empton shall be in him
or her who made the first settlement, pro-
vided such persons shall conform to the
other provisions Of this act and all ques-
tons as to the right of prescription arising
between different settlers shall be settled
by the register and receiver OF the district
within which the land is situated, subject
to an appeal to and a revision by the Sec.
rotary Of the Treasury of the United
States.
SEC. II. And be il further enacted, That
prior TO any entries being mnde under and
by virtue Of the provisions Of this act,
proof of the settlement and Improvement
thereby required shall be made to the
satisfaction Of the register and receiver of
the land district in which such lands may
lie, agreeably TO such rules as shall be
prescribed by the Secretary OF the Trea-
sury, who shall each be entitled 10 receive
fifty cents from each applicant Cor his SER
vices to be rendered as aforesaid and all
assignments and transfers Of the right
hereby secured prior to the issuing of the
pa,en. shall be null and void.
SEc. ID. And be It further enacted, That
before any person claiming the benefit of
this act shall be allowed 10 enter such
lands, he or she shall make oath before
the receiver or register of the land district
in which the land is situated {who are
hereby authorized 10 administer the same
that lie or she has never had the benefit
Of any right of pre- emptlon under this act !;
that he or she is not the owner Of three
hundred and twenty acres of land in any
State or Territory Of the United States,
nor hath he or she settled upon and i'm.
proved said land 10 sell the same on spec.
ulation, but in good faith TO appropriate
it to his or her own exclusive use or bene-
fit and that he or she has not, directly
or Indirectly, made any agreement or con-
tract, III any way or manner, with any
person or persons whatsoever, by which
the title which he or she might acquire
from the Government, of the United States
should enure, in whole or in part, to the
benefit of any person except himself or
herself and If any person taking such
oath shall swear falsely in the premises,
he or she shall be subject to all the pains
and penalties OF perjury, and shall forfeit
the money which he or she may have
paid for said land, and all right and tile
to the same; and any grant or convey.
ance which he or she may have made, ex-
cept in the hands of bona iiIe purchasers,
for valuable consideration, shall be null
and void. And il 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 duplicate
copy to the General Land Office, either of
which shall be good and sufficient evidence
that such oath was administered according
to law.
SEc. Ia. And be IL further enacted, That
this act shall not delay the sale of any of
the public lands of the United States be.
you'd the time which has been, or may be,
appointed by the proclamation OF the Pre-
siden,, nor shall the provisions Of this act
be available to any person or PERSONS who
shall fail to make tie proof and payment,
and file the affidavit required before the
day appointed for the commencement of
of the sales as aforesaid.
SIC. Is. And be IL further enacted, That
whenever any person has settled or shall
settle and improve a tract Of land, subject
at the time OF settlement TO private entry,
and shall intend to purchase the same un-
der the provisions of this act, such person
shall in the first case, within three months
after the passage Of the same, and in the
last within thirty days next after the date
Of such settlement, file with the register
Of the proper district written statement
describing the land settled upon, and de.
clarlng the intention Of such person 10
claim the same under the provisions Of this
act /; and shall, where such settlement is
already made, within twelve months after
the passage of this act, ard where it shall
hereafter be made, within the same period
alter the date OF such settlement, make
the proof, affidavit, and payment herein
required and If he or she shall fnil 10 file
such written statement as aforesaid, or
shall fail to make such affidavit, proof,
and payment within the twelve months
aforesaid, the tract of land so settled and
improved shall be subject to the entry OF
any other purchaser.
SEc. l6. And De it further enacted, That
the two pc, cent of the nett proceeds OF
the lands sold, or that may hereafter be
sold by the United States in the State oil
Mississippi, since the first day OF Deem
Der, one thousand eight hundred and Sc
venteeu, and by the act entitled I" An act
to enable the People of the western part oil