Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-09-20


by legal subdivisions, any number Of acres not
exceeding one hundred and sixty, or quarter
section of land, 10 include the residence of such
claimant upon paying TO the United States the
minimum price OF such land, subject, however, 40
the following limitations aud exceptions No per-
son shall be entitled to more than one pre- emp
tive right by virtue of this act no person who is
the proprietor of three hundred and twenty acres
of land in any state or Territory of the United
States, and no person who shall quit or abandon
his residence on his own land to reside the
public land in The same State or Territory shall
acquire any right of presumption under this act
no lands included in any reservation, by any trea
~, law, or proclamation of the President of the
United States, reserved for salines, for other
purposes; no lands reserved for the support of
schools, nor the lands acquired by either of the
two last treaties with the Miami tribe of Indians
III the state Of Indiana, which may be acquired OF
the Wyandot tribe OF Indians III the State OF Ohio,
or other Indian reservation to which the title hns
been or may be extinguished by the United States
at any time during the operation of this act; no
sections of land reserved to the United States al
ternate to other sections granted TO any OF the
states for the construction of any canal, railroad
or other public Improvement; no sections or
fractions OF sections included within the limits OF
any Incorporated town no portions of the public
lands which have been selected as the site for a
city or town no parcel or lot of land actually
settled and occupied for the purposes of trade and
ated any known salines or mines, shall he liable
10 entry under and by virtue Of provisions of This
act. And so much of the provlso of the act of
June ~, 1888, or any order the President OF the
United States, US directs certain reservations 20
be made in favor of certain claims under the trea
tty of Dancing Rabbit creek be, and the same is
hereby, repealed: Provided, That such repeal
shall not affect any title to any tract of land Sc
cured in virtue of said treaty
Sec. III. 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-
emplion shall he in him or her who mnde the first
settlement, provided such persons shall conform 10
the other provisions OF this act & nl questions MS
to the right of pre- emption arising between different
set ers snail be settled by the register and receiver
OF the district within which The land is situated,
subject 10 an appeal 10 and revision 10y the Sec
rotary Of the Treasury of the United States.
Sec. II. And be- further enacted, That prior to
any entries being nude under and by virtue oil 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, agreea
bly, to such rules as shall lie prescribed by the
Secretary Of the Treasury who shall each be en-
Titled to receive fifty cents from each applicant tor
his services to be rendered as aforesaid and all
assignments and transfers Of the right hereby Sc
cured prior TO the issuing of the patent shall be
null and void.
Sec. 10. find be ii further enacted, That before
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 is situated (who are
hereby authorized TO administer the sane) that he
or she has never had the benefit of any right of
presumption under this act that he il not THO
owner OF three hundred and twenty acres of land
in any 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 persons
whatsoever by which the title which he or she
might acquire from the Government of the Uni
ted States should enure, in whole or in part, to the
benefit of any person except himself or herself
and il any person taking such oath shall swear
falsely in the premises, lie she shall be subject
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 he or she
may have made, except in the hands of bona hide
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 transmits duplicate copy to the General
Land Office, either OF which shall be good and
sufficient evidence that such oath was admins
tered according to law.
Sec. a. And be 1t 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 prOcaina.
ton of the President, nor shall the provisions OF
this act be available to 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 it further enacted, That when
ever any person has settled or shall settle and i'm
"a fras of md tnat TINA satfa
rnent 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 in the last with
in thirty days next after the date of such settle
meni, file with the register of tho proper dis
lrct written statement describing The land set
tied upon, and declaring the intention OF such
person to claim the same under the provisions OF
this act and shall, where such settlement is al
ready made, within twelve months alter the pas
sage OF this act, and where it shall hereafter be
made, within the same period after the date OF
such settlement, make the proof, affidavit aud
| payment herein required and If he or she shal
fail to make such affidavit, proof and payment
within The twelve months aforesaid, the tract OF
| land so settled and improved shall he subject &c
| the entry of any other purchaser.
Sec rs. find be ii further enacted, That the two
per cent. Of the nett proceeds OF tue lands sold
or that may hereafter he sold by the United State.
in the State of Mississippi, since the first day o
December, one thousand eight hundred and seven
teen, and by the act entitled San act to enube thu
! People Of the western part olthe Mississippi Ter
ritory TO form Constitution and State Govern
nent and TOR the admission of such State into tin
Union on an equal footing with the original States,
and all acts supplemental thereto, reserved for TN
making of n road or roads leading To said State be
and the same is hereby, relinquished TO the Stat
Of mississippi payable in Two equal nstamenis
the fist 10 he paid on the first of May, one thou
sand eight hundred aud loriy-two o, md the olhe
on the first of May, one thousand eight hundre'
and lorly-ihree, so far as the same may then hav
+ accrued, and quarterly us the same mny accrue
after said period Provided, That the Legislature
of said state shall pass net, declaring their nc
cepance of said REIMBURSEMENT, in full of said fund
accrued and accruing, and also embracing pro