The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-09-28

shall not affect title to any tract of land secured
in virtue of said treaty.
Sec. II. find be ii further enacted, That when
two or more persons shall have settled on the
same quarter section of land, the right of pre-.
emption shall be in him or her who made the
first settlement, provided such persons shall
conform to Inc other provisions of this act; and
all questions as to the right Of presumption aris-
ing between different settlers shall be settled
by the register and receiver of the district with.
in which the land is situated, subject to an ap-
peal 10 and revision by the Secretary Of the
Treasury of the United States.
Sec. IL. .4ad be it further enacted, Tha: prior
to any entries being made under and by virtue
of the provisions of this act, proof of the settle
ment and improvement thereby required, shall
be made to the satisfaction of the register and
receiver ofthe land district in which such lands
may lie, agreeaby to such rules as shall be
prescribed by the Secretary. who shall each be
entitled 10 receive fifty cents from each applI.
cant for his services to be rendered as aforesaid;
and all assignments and transfers Of the right
hereby secured prior TO the issuing of the pa.
tent shall be null and void.
Sec. ID. find be 1t further enacted, That be-
fore 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 ATE hereby author
! ized to administer the same) that he or she
has never had the benefit of any right of
pre-emption under this act that he is not the
owner of thee 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 to sell the same on speculation,
but IN good faith to appropriate it to his or her
own exclusive use or benefit and that he or
she has not, directly or indirectly, made any
agreement or contract, in 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 sub.
ject 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 title
TO the same; and any grant or conveyance
which ne or she may have made, except in the
hands of bona fde purchasers, for valuable
consideration, shall be null and void And it
shall be the duty of the officer administering
such oath to file certificate thereof in the pub
lie land office of such district, and to transmit
a copy TO the General Land Office, either of
which shall be good and sufficient evidence that
such oath was administered according 10 law.
Sec. IA. find be u further enacted, That this act
shall not delay the sale of any of the public
lands of the United States beyond the time
which has been or may be appointed by the
proclamation Of the President, nor shall the
provisions of this act be available 10 any person
or persons who shall fail TO make the proof and
payment, and file the affidavit required before
the day appointed for the commencement of the
sales as aforesaid.
Sec. Is. find be IL further enacted, That when
ever any person has settled or shall settle and
improve tract of land, subject al the time Of
settlement to private entry, and shall intend to
purchase the same under the provisions of this
act, such person shall in the first case, within
| three months after the passage of the same,
and the last within thirty days mex, after the
date of such settlement, file with the register OF
the proper district written statement describ-
ing the land settled upon, and declaring the in.
! tentIon OF such person to claim the same under
the provisions of this aot; and shall, where
such settlement is already made, within twelve
months after the passage ofthis act, and where
it shall hereafter be made, within the same pc.
riod after the date of such settlement, make the
proof, affidavit and payment herein required
| and if he or she shall fail to make such affida.
vit.proof and payment within the twelve months
aforesaid, the tract of land so settled and i'm.
proved shall be subject to the entry of any other
| purchaser.
Sec. 16. find be ii further enacted, That the
two per cent. of the nett proceeds of the lands
sold, or that may hereafter be sold by the Uni.
ted States in the State of Mississippi, since the
first day of December, one thousand eight hun.
dred and seventeen, and by the act entitled IAN
act to enable the people Of the western part of
the Mississippi Territory 10 form Constitution
and State Government, and for the admission of
such state into the Union on an equal footing
with the original States" and all acts supple.
mental thereto, reserved for the making of a
road or roads leading TO said State, be, and the
same is hereby relinquished TO the stale of Mis-.
sissippi, payable in two equal installments the
first 10 be paid on The first Of May, one thou.
sand eight hundred and forty-two, and the 9TH
er on the first of May, one thousand eight hun.
dred and forty three, so far as the same NAV
then have accrued, and quarterly as the same
may accrue. after said period Provided, That
the Legislature of said state shall pass an act,
declaring their acceptance OF said relinquish.
ment in full of said fund, accrued, accruing, and
also embracing provision 10 be unalterable
without the consent of Congress. that the whole
Of said two per cent. fund shall be faithfully ap.
piled 10 the construction Of rail road, leading
from Brandon in the state of Mississippi 10 the
eastern boundary Of said state, in the direction
az near as may be, Of the towns of Selma, Ca.
haba and Montgomery, in the state of Alaba-
ma.
Sc. IL. .and be it further enacted, That the two
mel cent of the nett proceeds of the lands