Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-10-02

i such claim, mt, upon paying To the United
states The minimum price of such land, suhleci,
however, TO the tollONing limitations aud tN,ep- 4
ions; No person shall be cuttled To more than
)ne pre- cmp'ive right by virtue # tins act no {
person who i the proprietor Of three HUNDRED aud
twenty acres OF land m any state or lCfrlirU ul
the Unre1 States, ana no prr.Ou who sha ! quit ,
or abandon kis residence on his OSu land TO Ie-
side IN tht public land in The same state OF Terri
Tory shall acquire aay % lit Of pre- cmpuon uad,r
this act; no lands included IN any reservation by
any treaty, law OF proclamation OF the President
OF the United states or reserved LOT s2lnys' OF TOT
other purposesi no lands reserved Tor the sup
port of schools. nor the lands nc ulred oy either
oi the TWO last treaties with the Mlami trioc OF
Indians m the state Of Indiana, or which may be |
acquired Of the Wyandol tribe OF Indians In the |
state II OHIO. or other lndan reservation 10 \
which me title has bceh or may be eNtnpu SHE'D i
bv the United States a. any time during TIE Opc- |
ration 81 this act; 10 sections oi land reserved To
tIC United States alternate 70 any sections Rrlu- |
tt % asE 81 the states t'T the construction If a.
my canal, railroad, or other uubhc lmproN cintn
no sections or fractions 81 seCuOus included with.
IN the limits cf any lECOvi GRATED town, no pOrlOn
4 tuc public lands which have b. "a selected as
the etc Tor city or town; no parcel or lot of
land actually settled ard occupied tJT the uTpO
/ sts %. Trade aud not agriculture; aud 10 lands on
which ate situated any known salincs or mines,
snail be liable 70 entry under and by virtue OF the
pgoVl5ions Of this act. And 50 Eiuch Of the PROV
/ 50 4 me act OF twCniy.second Of June, eighteen
! hundred and Ihrty-Cght aud any order of tHC
President OF the United = aies, ss reefs certain
reservations 10 he made IA favor OF certain ClaHs
under the treaty OF lncyuS Rabbit crcek DC, and
the same = hereby repealed; Provided. That such
repeal shall cot aECct any utc ~ any tact Of
ianf secured IN virtue II sad treaty.
Sec. IL. And te a. farther oEacted, That when
two OF more pCrs. n shall have settled on the
same quarter section Of land, the right of pre-
cnptiuu shall be IN hum or her who made the
first settlement, provided such prison shall con-
form 70 the other provisions OF tnls act; and oil
Questions as - the rlErtof IRE CmpioI arising
between different settlers shall be settled by the
regis or aUd rcdevCT of the distract within which
the land y situated, subject TO an approval aud a
revision by the Secretary Of the Treasury Vi the
United States.
Sec. IL And De Il farther enacted, That prior to
any entries being made under aud by virtue Of
any provisions Of this act proof 81 the settlement
a8d improvement thrrt by required shall be made
10 the satisfaction Of the register aud receiver of
ine land district n which such lands may lie, "a
CreeaOly 10 such rules as sha i BE- prescribed by
the Secretary If the Treasury, who shall each IL
entitled 10 receive fity cents from each ppiICaui
for ms services o. b. rendered as aforesaid; and
all assignments and transfers Cf the Ight hereby
secured pn"r 10 the issuing Of the patent shall
Sec, 10. And Be Il further eaaried That before
: any person claiming the benefit Of ibis act sha i
b allowed 10 enter such lands, he or she shall
make oath before he receiver or re.ister OF Tho
land district IN which the land is situated (who
are hereby authorised 10 administer the same
ihat he or she has never had the benefits of any
right Of lTs'CmpuOn under this act; that he sh,
: Is not the owner OF three hunGrud and twenty a
res oiland lu any state territory If the Uuites
states, nor hath he or she settled upon and lm
proved s1ld land 10 sell the same on speculation
but IN good faith 10 appropriate 10 10 his or me-
own exclusive use or benz fl aud that he Sin,
has not, either directly or indlrecjl made an
AGREEMENT or contract IN any way or manner
with any person or persons whatsoever, by
which the tItie which he she might az our,
/ nom TIE Government OF the UmteI States SHOULD
enu!e, ~ whole or IN part, 10 the benefit Of any
person except himself or herself; au0 If any per
son taxing such oath shall swear falsely u
the premises, he she sha be subject 10 all he
pans and penalties OF perjury, and sh all forfeit
the money which he or she may have paid iOl
siii and, and a night and ute 10 the same, an1
mr.
nave made, cNcept "a The hands Of bona fide pur-
CLisCrs, Tor valuable cousIdtTa ton sgal b. null
@EG Fo'd. And Il snail be The duty Of the officer
adWi1 STEERING such oath 10 ic certificate IhrIe-
OF Ia the pubic land Office Of such district and 10
iran snil duplicate copytI the Gene nj Land Of
nee either OF which shat be good aud sufficient
/ cVldcHce that SUI oath wac adm:niaIeTed uccor-
/ ding TO law.
! Sec il. And Be dfarl!er enacted, Thlt this nc
snail not delay the sale Cf any of the pubic lands
uiVhe CHrsd states beyond tie time which has
hceu, or nay be- al pointed by the proclamation
OF TIC President nor shall the PROVISIONS ii In .
! pcs pc ayd'laJie 10 any person or persons who
/ SHAH I'll 10 make the proof and EaYndHi and
! NE The HIldaSIt L qpTci bC!U tho day appoint
! ca Tor The commencement Of Tie sales as afort-
! Sc ID. Aga Be- L further enacted, That when
ever any person has settled or shall settle and
Improve Eact % land, subject at ire me Of set
tle meat 10 private entry, ana shall intend To pur
chase The same UndC. the pTuvis ons Of this act
such person shlil IN the nrst case within three
months after thc passage OF the shmp, ani in the
'HS- NstAu tllF'y days alitr The date such Sc
tl-iacuti uiG VITA The register Of the proper dis
trIcI wniIen statement Cescrbiag the laud set
lied upon, and declaring the intention Of such
person TO claim the same under the uroyisions ot
tlIs act, aud shall where such settlement Is al
ready made, W thin twelve months after the pas
sage of this act, and where II all hereafter be
made, within the came period after the date of
sucl settlement, make the sIcUf, AFFIDAVIT aud
paym mt herein ryquire' aud rf he or sine shall
ldli 70 tic such written statement az aforesaid or
snail iaIl 70 max sush uInilFli, proof aid pay.
IN nj within the twelve months aforesaid, the
tract o! land 50 se!ua! and improved shall be
! subject 10 the entry of anY other purchaser.
Sec. And be q further sHaoted That the two
/ per cent. Cfthe nett proceeds C the aRds sold
| or that may hereafter be sold by the Uni.cd
states IN the state of Ml.slssIppi, since the first
/ day Of December, one thousand eight hundred
/ and seventeen. und by the act en- uiCd IAN act
/ to enable the People al the western part Of the
| mississippi Territory 70 form n Constitutional
and State u 'yernment, and for the admission of
such 5 ate INTO the Union on an equal footing
win me Original states, and al acts supplement
tary thereto, reserved for the making of a road
or roads Ed-ing % said state, be- and the same
Is hereby TclGqUisGc 90 the sta;e Of Missi sippi,
payable IN two equal lnstalmcuts, the first 10 be
paIi or the first ~ Of May. one thousand eight
hundred aud iOrty-twO and the other on the first
day Ot Way one thou and eight hundred and for
/ - three, 50 lar us the same may then have ac-
Crucd, and quarterly, the "a ne may accrue af-
ter that period: Provided, That the Legislature
81 said ale Eha pass an net, declaring their
lcceptIncc Cfsad rciIEq ishmeut 10 full II said
| fund, accrued and accTulrg and also embracing
provision, 20 be un1llerablc without the consent
If Congress. that the whole Of said two per cent.
| iund shall be faithfully applied To- the construc-
lion Of railroad, leading from Brandon, ia the
state Of VI ssissipp % the eastern boundary Of
sind state, in he di cotton near as may be, Of
/ the towns Of Selma, Cahaba, and Montgomery,
/ m the state Of Alabama.
/ Sac. II And be u further enacted. That the two
per ccn Of the nett proceeds OF the lands sold By
the United States, IN TIE state Of l3bama, since
! the trsi day OF September, one thousand eight
| hun1roI and nineteen, and reserved BY the net
entitled AN act to enable the People Of the Ma
/ bama Territory 10 form a Constitution and State
/ Government and for the admission Of such state
into the Union on an equal footing with the Orlgi-
/ ma siaics.' for the making Of road or roads
I ic1d ug % the said state, be, and tie same is
hereby, rCluqIshed % the said state Of Alabama,
payable n Two equal instalmt nts, the FIRST 20 be
/ pad on tIa hrsi day Of May, one thousand eight
hundred and Drty-twO aud the other tCn the first
\ day Of Jay, one thousand eight hundred and for
\ ~ three, 80 Tar a. tho came has accrued, and
qlaflCrlVa as the same may hereafter acCrue;-
crowded That the Legislature Of said state shall
\ hrst pass 90 act declaring their cceptunce Of
sald TeHnqu. shWCni, aud also embracing prOvi-
! son. % Dc vulnerable without the consent Of
Cougrcss, that the whole Of said two per ccutum