Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-09-28


one pre- enp'ive right Ivy virtue OF thus act, no {
person who IL the proprietor of three hundred aud
twenty acres of land IN any state or Territory OF
the Unl'ed States, and no pcrson who sha ! quit ,
or abandon his residence on his osn land to re-
side On thu public land in the same state or Tern
tory, shall acquire any rlSht Of pre- enptIon nnd,r
any treaty ldw proclamation OF the President
ut the United States, or reserved Tor sanes OF tor
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
acquired OF the Wyandot tribe of Indians IN the
state OF OHIO. other lnd.an r'serSati TO
which the title has been or may be exunGu shed
b. the United States 1T any time during the opc |
ration of this act; sections of land Reserved to
tie United States alternate To any sections gran
"a To aEv of the states f,r the construction of n
ny canal, railyuad or other public improvement
sections or fractions of sections included with
IN the hints Of any lnco. poratej town; no portion
# the public lands which haye b eta selected as
the site tor a city or town; no parcel or lot of
land actually settled ard occupied for the purpo-
ses of trade and not agriculture; and no lands on /
winch are situated any known sanes OF mines,
shall be itbe TO entry under and by virtue of the
provisions of this act. And much Of the proyi-
50 Of the act of twenty. second ofJuns, eighteen
huudr. ADD thirty eight, and any order of tue |
President the United States, IS 4 reefs certain
reservations he made IN favor OF tain clasas
under the treaty of Dancing Rabbit creek be, and
the same : h' reby. repealed; Provided That such
repeal shall lot affect any title 10 any Tract Of
land secured n virtue of SAID treaty.
Sec. III. And be "a further onGcted That when
same quarter .eeiion of land, the right Of pre-
emptIOn shall be IN hun or her who made the
FIRST settlement provided such person shall con-
form 10 the other provisions of TINS act; and all
questions as 10 the right of pre- .emptlol arising
between different settlers shall be settled by the
register ana redeivrr of the district within which
the land - situated, subject TO an APPROVAL and
United States.
Sec. IL And be d further enacted. That prior TO
; any entries being made under and by virtue Of
any provisions OF this act, proof OF the settlement
and Improvement thrrrby required shall be made
TO the satisfaction of the register aud receive oi
the land district In which such lands may lie a
greeably 10 such rules as cha | be prescribe by
the Secretary of the Treasury, who shall each be
entitled 10 receive fifty cents from each applIcan
for mis- services a. be rende ed as afoIesaid; anC
4 all assignments aud transfcrs Of the right hereby
i secured pri"r TO the issuing If the patent shall
c Sec. b. And be Il further eaaated Tha, belor
y any person claiming the benefit Of this act shal
l. b. allowed TO enter such lands, he or she shall
v make oath before he receiver re- lister Of ia
u land dlsulct ~ which the land is situated (whC
Is are hereby authorised 10 administer the same
e that he or she has never had the benefit OF AM
u right OF prs-emptcn under THIS act; that Inc sh
or Is not tue owner of three hundred aud twenty
ID res OF land IN any state territory fl the Unite
81 States, nor hath ne or she settled upon and I'M
% proved SAID land TO sell he same on speculation
10 but IN good faith appropriate II To his or nC
Swn exclusive use o. benefit and that he or sh
m has not, either directly or indirectly. made an
nd agreement or contract ia any way or manne
IS with any person or perS1ns whatsoever, b
Dr. which the TILE which he or she might 4, QuI
of irom the Government of the Unite States shou
IN enure, IN whole IN part, 10 the benefit of an
ne person except him self or ntrseii; ano If any pei
70 son taking such oath shall swear falsely
nd the premises, he she sha II be subject ali Ill
he pains ard penalties Of perjury, and sh all forte
IN the money which lac or she may have paid lC
u said and, aud right and title To the same, an
Il. any grant or conveyance which he she n,a
as have made exec 4 N the hands Of bona file pul
IS ch1sers Tor valuable consd, ration TALL b. mn
anc VOID. And 1, shall be the duty of the office
cf adini steTlng such oath file certificate thrIt
OF IN the pubic land Office Of such district and
MI lrshsmita duplicate copy To the General Land %
ar nee either OF which shall be good aud suflicien
IS evldeHee that such oath was administered accOr
80 ding TO law.
al Sec Ia And be Ifarter enacted, Thn this nc
w snail not delay the sale f any of the pubic Ia nd
IN oiiihe United States bey ond tEe.iine which ha
es Oern' or may be, appointed by the pToclamatlo
OF 'he FrcsdeIt, nor shall the provisions Of th
aSt De available To any person or persons VIII
l. shaH IA 70 make the proof and paymdnt an
e NE me aHdaiH r. qDirci befOI - the day appoint
said 10 "iOie
e Sec Is. And be IL further enaetel, Tint when
e ever person has settled or shall settle unc
e Improve tract OF land, subject the me of sci
J. t.cment 20 private entry, and shall intend 10 pur
A. chase the same under the provisions of this act
u such person shall ~ the FIRST case, within three
e months after the passage of the saIne and in ths
last within thirty days after the dale CT such set.
u ilenent, fire with the register Of the Proper dIs-
trIci wntten sta emcnt describing the land set.
II tied upon, and declaring the int ntion of such
a person TO claim the same under the proyisions ~
!. this act, and shall where such settlement "a al
+ ready made, " thin twelve months after the pa
e sage OF this act, and where 1t 5 all hereafter Il.
e made, within the same period after the date q
" such settlement, make the proof afhlavt IN.
:, pawn mt herein required, and II ne or She sb,
e fan file such written statement as aforesaid %
shall fail TO max such affidavit, proof aid pay
Jf M Mt within the twelve months aforesaid IN,
II tract OF land so settled and improved shall b,
, subject to the entry Of any othe. purchaser.
8 See And be IL further enacted, That the two
per cent. cfihe nett proceeds of the lads sold
hereafter he sold Inv nj.
~ States IN the state Of MISSES ppi since the frs
ot day of December, one thousand eight hundred
d 10 enable the People Of the western part Of IN,
1, Mississippi Territory TO form a Constitutions
D and state government, and for the admission o.
= such safe INTO the Union cqHal footing
with the original states, aud all acts supplement.
s tary thereto, reserved for the making OF a road
ID or roads LEAKING 10 said stat. be and the sans
- hereby reuqulshei 20 the state Of Missi sipp
d payable IN two equal los tai ments the first 60 be
= pad on the hrsi day Of May, one thousand eight
Il hundred and fOrty-twO, aud the other on the first
s. day OF May one thousand eight hundred aud for
e ~ three, so far as the same may then have ac-
o crued, and qiaItcTy, az the may accrue, NJ.
y ter that period; Provided, That the Legislature
10 Of sad ate shall pass SCI, declaring their
q acceptance Ofsaid relInq nshment in full II said
iund, accrued and aecrulng and also embracing
r. aplJvsiOn, to be unalterable without the
s 81 congress that the whole Of said two per cent
a fund fhal'be faithfully applied to the cOnstruc-
= non OF a railroad, leading from Brandon in the
g state Of MISSISSIPPI TO the eastern boundary OF
= sald siaie, IN he d ecton, as may be- OF
j. thc towns OF Selma, Cahaba, and Montgomery,
|. ~ the state Of Alabama.
Soc. H. AID Be a. further enacted That The two
= per cen Of the nett proceeds Of the lands sold by
V TIE United States in tue state Of alabama, since
e the hrst day Of September, one Thousand eight
n hundred and nineteen, and reserved By the act
entitled An act to enable the PeOple Of the Ala
Z bama Territory 20 form Constitution and State
d boVcTnmcnt, and for the admission Of such state
c INTO the JniOu On an equal footing with the OTigi-
e nai siatcs." for the making Of n road or roads
j. leading TO- the said STATE, be- and tie same is
hefcbi rellnqui shed 10 the said state Of Alabama
payable IN two equal instalm, nts the FIRST 20 be
z paid 90 the FIRST day Of May, one thousand eight
hundred and Drty-twO. md the other on the first
Gay OF day, one thousand EIGHT hundred and for
" tTee' 90 Tar as the same has accrued, add
7 quarterly Ms the same may hereafter &C Crue;-
froVldcd, That the Legislature Of said state shall
. Hrsi pass az act declaring Their nccs ptance Of
sad Telnqmshment, and alec embracing a prOvi-
son, 70 be unallorable without the consent Of
congress, that the whole Of said two per centum
fund fhall be faithfully applied under the tsrec-
ti0n on the Legislature Of Alabama. % the con-
heAl0h by some means 81 internal Improvement.
al So. a rfnT sss.tft