Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-09-18

~ aNfh lNNNA ~ VS. AtAtAA \
ates the minimum price of such land. suhiccI,
'Wcvcr, 10 the folio wing limitations aud eXCcp- r
NO person shall be entitled 10 more than :
le pre- cmpttve right by virtue If tins act, no 4
'rson VINO Is the proprietor Of three hundred and
venly acres of land in any state or Territory of {
Onied states, ana no per on who sha gut c
7 abandon ms residence on ms ONn land 10 re-
de On thu public land IN th. same state or Tern
ny, shall acquire any n ht Of pre- cmpuon nndcr
Ms act; no land lncladcd IN any Tcsefyaupn, by
nv treaty, law or proclamation OF The Pfesiiell
I the United States, or reserved for sallncs, or fr
ther purposes; no lands reserved Tor the sup
OF schools. nor the lands &C iulred by either
e the two last treaties with the Miami tribe OF
indians IN the state Of Indiana, or which may be |
OF the Wyandot tribe Of Indians IN the
state Of Ohio. or other lndlan reservation. TO
NhiCh the title has been or may be CNtngu shed
)v the United States AZ any time during the ope
ration Of this act; no sections Of land rtscrycd 10
United States aliCrnatcto any sections gran
ID TO aEy Of the states for the construction Of a
ny canal, railroad, or other public improvement ;
no sections or fractions Of sections tucludcd with
In the limits 81 any inc1 loratel town. no portion
e the public lands which have b Ca selected as
the site Tor a city oT town: no parcel or lot OF
land actually settled ard occupied fJr the uTpO-
sCs OF irSGc and not agucu.turc' ana no landsOn
winch are situated auy known sllnes or mines,
shall be lltblc to entry under and by virtue OF the |
of this act. And 50 much Of the proyl-
50 Of the act of twenty. second UiJunS, eighteen
hundred and Ihirty-c,ght, and any order OF the
President of The United Siates, as Directs certain
reservations Ia he made IN favor q icetiain clalsls
under the treaty otDanclng Rabbit creek be, and
NNR sAtAAN - - ANNNH ANANAANAf a Nv AAa SUN
repeal shall not affect any utle 10 any tact Of
land secured m virtue Of snid treaty.
Sec. III. Aud be 20 further enacted, That when
two Ur more per-. rs shall have settled on the
same quarter section of land, the right Of pre-
cmptiOn shall be IN hlm or her who made the
hrst settlement, provided such person shall con
form 10 the other provisions Of TINS act; and all
questions, as 10 the rlShtCf IRE cmptlol arising
between different settlers shall be settled by the
register ana TedeivcT Of he district within which
the laGd Is situated, subject 10 an APPROVAL and a
revision by The Secretary Of The IfgnglIv. of the
United St1ICs.
Sec. L. And Dc Il farther enacted, That prior to
any entries being made under and by virtue Of
any provisions Of tins act, pTOofo OF the settlement
and Improvement th'r,by required shall be made
10 the satisfaction Cf the register and receiver OF
the land district IN which such lands may lie, a
gTtcably 10 such rules as sha ! be prescribed by
the Secretary Of The Treasury, who shall each be
entitled 10 receive fifty cents from each applicant
for Ms services 10 be rendered as aforesaid; and
all assignments and transfers Of the right hereby
secured prl"r 10 the issuing Ct the patent shall
null AM void.
See, 10. And Dc 4 further enacted, That before
any person claiming the benefit Of this act shal
b. allowed 10 entci such lands, he or she shall
make oath before he receiver or register of tht
land district IA which the land is situated (who
are hereby authorised 10 administer the same.
that he or she has never had the benefit of any
nght OF prs'cmpu0n under tins act; that he or she
IS not the owner of three hundred and twenty a
res oiland IA any state or territory II the United
States, nor halh ne or she settled upon and I'm
proved sand land tOsc'l Inc same on speculation,
out IN good faith 10 appropriate II 10 his or mel
IWn exclusive use o. benefit and that he or she
has not, ether directly or indirectly, made any
agreement or contract, IA any way or manner,
with any person or persons whatsoever, by
which, the title which he or she might acquire
rom ne ~GoVeTnmentO OF the United States should
clure, IN whole or IN part, 20 the benefit of any
person except himself or herself; and If any per-
son taking such oath shall swear falsely in
the premises he or she shall be subject u allthe
PAINS and penalties Of perjury, and sh al forfeit
tie money whlch ne or she may have paid Tor
sad and, and al. nghtand title 10 the same, and
any grant or conveyance which he or she may
nave made, CNce5t IN The hands Of bon fde pur-
chdscrs, for q valuable consideration, shall be null
anC void. And il shall be The duty of the officer
admll isterlnS such oath TO file a certificate theIe
oi Ia thc public land Office of such district, and To
ransmlta duplicate cOpytD the General Land Of
nee, either OF WHICH shal be good and sufficient
Jl!dcHcG mat such oath was adulnIsI tered accOT-
10 law.
Sec. If. And b. ifrher enacted. That this &c
shall not delay the sale e any of the pubic lands
GiIthe United States beyond the time which has
been, % may be, appointed By the proclamation
o. thc PRESIDENT, nor shall the provisions Of this
act ne available 10 any person or persons who
snall IN To make the proof and paymdnL, and
hte the affidavit II qpired befoi the day appoint-
said . "Oi0
Sec. 10. Aud BE- Il further enacted, That when
ever a.y person has settled or shall settle and
Improve a tlact OiIanG, suhiect at the me Offset.
usmeat 10 private entry, and shall intend 10 pur-
chase the same under the provisions OF his ocf
such person shall in the first case. within thr,1
months after the passage Of the same. and i'm fbe
last within thirty days after the date of such set
dement, hte with the register Of the proper dis
tIIct a "nlIeu statement describing the land set
upon, aud declaring the intention of sucb
person TO clam the same urd,r the provisions OF
act, and shall where such settlement ,s al
ready made, WITHIN twelve months after the pas.
sage Of this act, and where IL $ all hereafter be
made, within the same period after the date Of
Such settlement make the 0ToUf,. aiii3av {, and
paym nj herein required, aid # he or she shall
Iai ~ file such written statement as aforesaid or
shall fail to max such affidavit, proof and nav.
ment within the twelve months aforesaid, the
tract OF land SO settled and improved shall be
subject 10 the entry Of any other purchaser.
Sec. And be Il further SHHcted, That the two
per cent cfthe nett proceed ? Of the lands sold.
or that may hereafter be sold by the Uni,sd
States in the state Of Mississippi, since the first
day of December, one thousand eight hundred
and seventeen, and by the act en- ItlCd IAN act
70 enaoie me People OF the western part Of the
Alissis 1ppl Territory 10 form a Constitutional
and state government, and for the admission Of
such s'ato into the Union on an equal footing
with the riSlna states, and al acts supplement
tary thereto, reserved for the making of road
or roads leading 20 said state, be. and thesame
Is hereby rclluqulshcj 20 the state Of Missi .sippi.
payable IN two equal InstalmeUts, the first TO be
pad on the hrst day OF May, one thousand eight
hundred and fOTty-tWO, and the other on the first
o! May, one thousand eight hundred and for
iy three, so far as the same may then nave ac-
'ruCd, and quarterly, as the same may accrue, az
Ter that period: Provided, That the LEGISLATURE
% SAID 8 ate shall pass an act, dcclnung their
utSald REIMBURSEMENT 10 full Of said
.undi accrued and acCTuiug, aad also embracing
o provision 70 be unaiierabie without the consent
li Congress, that the whole Of said two per cent.
und shaIibe faithfully applied {. the cOnstruc-
hon Of q railroad, leading from Brandon, in the
STATE 1i Mississippi. 10 the eastern boundary Of
SAID state, IN he di ecton, as near as may be, of
towns Of Selma, Cahaba, and Montgomery,
10 fie state Of Alabama.
Soc. II. And BE- II further enacted, That the two
Ccn.. o. the nett proceeds ofthe lands sold by
,Ie United States, IN the state Of Alabama, since
ne hrst day Of September, one thousand eight
and niIeieon, and reserved BY the act
'uttcd IA act 20 enable the pCOplC Of the Ala
Territory 10 form n Constitution and State
''vcTnmglt, and for the admission Of such state
the UnI0u on an equal footing with the origi-
lol states for the making Of a road or roads
eadlng Co. the said state, be, and TIC same is
Ierc9., reIUquI shed % the said state OF Alabama,
'ayable In two equal instalmtnts, the first 10 be
'ald on thp first day Of biav, one thousand eight
hundred and Brty-twO, and tine other Jon The first
.ay, OF Hay, one thousand eight hundred and for
y turcC, so far as the same has accrued, and
l1FiCrly, as tho same may hereafter &C CruC;-
'foyldc5 That the Legislature Il said state shall
pass an act de,lali1g their acco ptancC Of
qua TgIlhqWsIrcui, and also embracing a prOvi-
on, 20 De- Un1ltCr1ble without the consent Of
congress, that the whole Of slid two per ccntum
lad bail be faithfully applied, under tho drec-
pn. Of ihc LEGISLATURE Of Alabama, o. the con-
exon by some means az internal fmuruvCmcnf. |