Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-10-14

quarter section Of land, 10 include the residence
States the minimum price Of such land. subject,
however, TO the follow limitations aud eXIep- I
IONS; No person shall be ent,tled to more than
one pre- empnye right 10y virtue Of tins act, no
person who Is the proprietor of three hundred and
twenty acres of land m any state or Territory OF
the United States, ana no person who sha qut {
or abandon his residence on hts own land TO re-
side IN thL public land in the same state or Tern
tory, shall acquire any u hit Of pre- ciupuon nndsr
this act; no lands included IN any reservation by
any treaty. law or proclamation of the President
OF the United States, or reserved Tor sanes or
other purposes; no lands reserved Tor the sup
port Of schools. nor the lands &C .uired by either
Of the two last treaties with the Miami tribe OF
Indians IN the state of Indiana, or which may DC
acquired OF the Wyandot trbo OF Indians IN the
state Of Ohio. or other lndan reservation TO
which the title has been OF may he eStnsu shed
by the United States NJ any time during the ope-
ration OF this acts no sections OF land reserved TO
the United Stats. alternate TO any sections gram
It'd TO aIv Of the states for the construction Of a.
ny canal, railroad. or other public improvement; !
NJ sections or fractions OF sections included with |
in the limits Of any srorated town; no portion
| vi the public lands which hayc b'eh selected as
the site Tor city or town; no parcel or lot oil
ses OF trade and not agriculture; and no lands on
WHICH are situated any known salines or mines,
shall be liable To entry under and by virtue OF the
provisions OF this act. And much of the provl
40 Of the act of twenty second Ut June, eighteen
hundred and thirty eight, aud any order OF tue
President OF The United = lates, SIS reefs certain
reservations he made ia favor OF ccltaIn claims
under the treaty OF Dancing Rabbit creek be, and
the same - nsreby, repealed; PrONlCed. mat Sucn
repeal shall not affect any title TO any tact Of
land secured m virtue Of SAID treaty.
Sec. IL. And Be It further enacted, That when
two or more perspns shall have settled on the
same quarter seclion of land, the right of pre-
emptiOn shall be IN hum or her who made the
hrst settlement, provided such person shall con-
form TO the other provisions Of this act; and all
questions as to the rIghtof pre emptol arising
between different settlers shall be settled by the
register and redeNer Of he district within which
the land IS situated, subject To APPROVAL and a
revision by the Secretary Of the Treasury of the
United States.
Sec. IL And BE- IL further enacted. That prior to
} any entries being made under and by virtue of
any provisions OF this nct proof 81 the settlement
and Improvement thereby required shall be made
to the satisfaction Of the register aud receiver of
the land district IN which such lands may lie, a
grceably 10 such rules as shal be prescribed 10y
the Secretary Of the Treasury, who shall each be
entitled TO receive hfty cents from each app lcanI
for mis- services to be rendered as aforosaid and
all assignments and transfers Of the right hereby
secured pn"r 70 the issuing Of the patent shall
, null ami void.
E Sec, Is. And BE- IL further enacted. That before
y any person claiming the benefit of this act shall
. b. allowed To enter such lands, he or she sh all
= make oath before he receiver or rea ister OF the
: land district IN which the land is situated (who
: are hereby authorised 10 administer the same
that he or she has never had the benefit Of any
: right OF pTs-empuOn under tins act; that he she
r Is not the owner of three huntTod and twenty a
CTes of land ~ any state territory If the UniteG
f States, nor hath he or she settled upon and m
, proved SAID land to sell The same on speculation
but IN good faith 10 appropriate 10 10 his or mel
cwn exclusive use o benefit. aud that he or she
has not, either directly or indirectly. made auJ
agreement or contract ia any way or manner
with any person or persons whats0 Yer, by
= which the tile which he or she might acquire
{ from the Government OF the UEItei States should
, cnure IN whole or IN part, the Senefit Of any
p person except himself or nersei; anu If any per
son taxing such oath shall swear falsely IN
thepTcmiscs, he or she shall be subject To all he
pains aud penalties of perjury, and sh all forfeit
, the money which he or she may hays paid Tor
said and, aud Il right and uils 10 the same aud
. any grant or CONVEYANCE which he she IN a
, have made, cNceat IN The hands Of bona ide puT-
ch3sers, Tor valuable CONSIDERATION ali be null
anc VOID. And II shall be the duty Of the officer
aSmll STEERING such oath to file a certificate thele-
OF Ia the pubic land office of such district and to
transmit duplicate copy 10 the Gene al Land Of
nee, either of which shall be good and sufficient
gyIdeace that such oath was administered accor-
ding To law.
Sec IA And be 1, further enacted That this nc
shall not delay the sale ( any of the public lands
Gi!ihe United States beyond the time which has
Oeen, or may be, appointed by the proclamation
OF The President, shall the pToVis IONS Of tins
| acc be available 10 any person or persons who
shan f',l TO make the proof and paymdnt and
NE the atIdayIt qpired befo' c the day appoint
sail 's
Sec. Is. Aud 5e ii further enacted. That WHOM
ever a person has settled or shall settle and
Improve tract oiland, subject at the me OF set
tltmeht to private entry, and shall intend To pur-
chase the same under the provisions of this act
SUCH person sball IN the first case within three
months alter the passage OF the same, and IN the
last within thirty days after the date Of such
Element, hie with the register of the proper DIS
trct a written statement describing the land set
tied upon, and declaring the intention of such
person to clam the same under the provisions OF
tins act, and shad where such settlement ~ al
ready made, " thin twelve months after the pas
sage of this act, and where 1t all hereafter be
made, within the same period after the date of
such settlement, make the eIoUf affigayt and
| payn mt herein required, and If he or she sha n
fan TO file such written statement as aforesaid or
shall fail TO make such affidavit, proof and pay.
| m-nt wIthln the twelve months aforesaid the
| tract oil land so settled and nnDrOyed shall ha
subject 10 the entry Of any other purchaser
! Sec. And he IL further enacted, That the two
Per cent cfthe nett proceeds Of tho laads sold
or that may hereafter be sold by the Uni'ed
states IN the state Of Mississippi, since the frat
day OF December, one thousand eight hundred
and seventeen, add by the act en- Itl,d San act
TO enable the People OF the western part Of The
Mississippi Territory to form a Constitutions al
and state government, and for the admission of
such STATE INTO the Union on an equal footing
with the original states,' and all acts supplement
tary tneTsto! reserved for the making OF a road
or roads leasing TO said state, be, and thesame
Is hereby relnquishei to tho stale Of Missi sippi
payable IN two equal instruments the first TO be
paid on the first day Of MAY. one thousand eight
hundred aud fOrty-two. and the other on the FIRST
day o! May, one thousand eight hundred and for.
~ three, So Tar as the same may then have ac-
crued, ana quarterly, as the same may accrue of
ter tEat PERIOD: Provided, That the Legislature
Of SAID ate shall pass an act, declaring their
acceptance ofsaid rellnq Ilshment in full II said
lund, accrued aud aecruug. add also embracing
apTOVison, 10 be unalterable without the consent
9i Congress, that the whole Of said I've per cent.
fund sha.i be faithfully applied to the CONSUME
ion Of q railroad, leading from Brandon, in the
slate Of Mississippi, 10 the eastern boundary Of
san state, m he dl ectOn, as near as may be- Of
the towns Of Selma, Cahaba, and MONTGOMERY
n the state Of Alabama.
Sac. II. And be a. further enacted, That the two
per Gems. Of the nett proceeds Of the lands sold by
the United States IN toe state Oklahoma since
ihe hrst day OF Ssptcnbcr, .One thousand eight
hnnlred and nineteen, and reserved By the act
, eniued An act 10 enable tho People Of the Ala
bama Territory 10 form Constitution and State
| b0VcTnmcnL and for the admission of such state
my" the Uniou ON an equal footing with the origi-
| nal siatcs,' for the making Of n road or roads
ead,ng TO- the said state, be, and tho same is
/ hett94 TchuqW she'd % the said state OfAlabama.
payable On two equal instamtnts, the first 10 be
polu ON thr INST day 81 May, one thousand eight
nuhored and tpriy-twO, and the other en- the FIRST
gay, oi Way, one thousand eight hundred and for
yWTee so far as the same has accrued, add
2dI0I It, as the same NAV hereafter acCruc;-
rIoFdcd, That the legislature II said state shall
me- pass az act declaring their accc ptance Of
salo TeiIn }1ishmeut and also embracing prOvI-
S.'h' 70 be uualtcrabIs without the consent Of
Longress; That the whole Of said two per ceutum
iunu iget be isithlu'ly applied, under the drec-