Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-09-25

the first settlement, provided such persons shall
conform TO the other provisions Of this act; and
all questions as to the right Of presumption ar
sing 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 revision by the Secretary Of the Treas
ury of the United States.
Sec. ~. And be it further enacted, That
prior to any entries being made 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 Treasury, |
who shall each be entitled 10 receive fifty cents
from each applicant for his services to be rem
dered as aforesaid; and all assignments and trans.
iers of the right hereby secured prior to the ssu
ing Of the patent shall be null and void.
Sec - And be it further enacted, That he.
fore any person claiming the benefit Of this act
shall be allowed to enter such lands, he or she
shall make oath before the receiver or register
of the land district in which the land situated
(who are hereby authorized to administer the
same) that he or she has never had the benefit
OF any right Of presumption under this act; that
he or she is not the owner Of three hundred and
twenty acres Of land liz any State or Territory
of the United States, nor hath he or she settled
upon and improved 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 mig 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 for
felt the money which ne or she may have paid
for said land, and all right and title to the same
and any grant or conveyance which lie 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 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 it further enacted, That
this act shall not delay the sale Of any Of the
public lends 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 to any person
e 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. And be 1t further enacted That
!, whenever any person has settled OR shall settle
and improve tract of land, sub ect at the time
of settlement to private entry, and shall intend
to purchase the same under the provisions of thi:
act, such person shall in the first case, within
e three months after the passage Of the same, and
in the last within thirty days next after the date
e Of such settlement, file with the register Of the
. proper district written statement describing the
4: land settled upon and declaring the intention
S of such person TO claim the same under the pro
| visions Of this act; and shall, where such settle
. ment is already made, within twelve months al.
s ter the passage Of this act and where it shall
q hereafter be made, within the same period alter
J, the date of such settlement, make the proof,
}. affidavit, and payment herein required, and i
e he or she shall fail to file such written satemen
as aforesaid, or shall fail to make such affidavit
. proof, and payment within the twelve months
aforesaid, the tract Of land SO settled and i'm
proved shall be subject 10 the entry Of any othe
" pure haser.
e Sec. Is. And be ii further enacted, That tn
q two per cent. Of the nett proceeds OF the lands
s sold, or that may hereafter be sold by the Uni
ted States in the State Of Mississippi, since tn
q first day of December, one thousand eight hun
d dred and seventeen, and by the act entitled" SAL
t. act TO enable the People Of the western part o
h the Mississippi Territory to form Constitution
t. and State Government, and for the admission o
n such State into the Union on on equal footing
o with the original States" and all acts supple
$ mental thereto, reserved for the making OF roac
d or roads leading 10 said State, be, and the sam
If is hereby, relinquished TO the State OF Mississippi
h payable in two equal instalments; the first to b.
,r paid on the first Of May, one thousand eight hun
;. dred and (orytwo, and the other on the first o
j. Nav one thousand eight hundred and forty. three
/. so far as the same may then have ACQUIRED, an,
}, quarterly, as the same may accrue, after said pc
<. rod Prorided, That the Legislature Of sail
&c State shall pass an act, declaring their accept
t; ance of said REIMBURSEMENT in full Of said fund
\. accrued and accruing, and also embracing pro
,r vision, to be unalterable without the consent O
N Congress, that the whole Of said two per cent. fun
is shall be faithfully applied to the construction
lie a railroad, leading from Brandon, in the Stat
Of Of Mississippi, to the eastern boundary oil sal
State, in the direction, as near as may be, oil tn
a. towns Of Selma, Cahaba, and Montgomery, il
Or the State Of Alabama.
10 Sec. II. And be ii further enacted, That tn
lie two per cent. OF the nett proceeds OF the land
es sold by the United States, in the State Of Ala
oil bana since the first day Of September, one thou
n sond eight hundred and nineteen and reserve
er by the act entitled "Au act to enable the Peop!
r.. o..