Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-10-21


y such claim mt upon paying TO the Unt,d
States the mini num price Of such land subject,
however, to the folio wing limitations aud sx.ep-
Mons: No persOn shall be entitled TO more than
jnc pre- eiDp;ive right by virtue Of this act, no
person who l. the proprietor of three hundred and
twenty acres Of land IN any state or Territory OF
the Unred states, ana no per~on who sha quit
OF abandon his residence on his OSn land TO re-
side On the public land in the same state OF Terri
tory shall acquire any rl-ht OF pre- einpucn nndsr
this act; no lands included IN any reservation, by
any treaty, l. or proclamation OF the President
OF the United States reserved Tor sanee, OF Tor
other purposes; no lands reserved for the sup
port of schools. nor the lands &c uired by either
of the two last treaties with the Miami tribe oi
Indians IA the st~te of Indiana, or which may be
acquired o. the Wyandot tribe OF Indians IN the
state of Ohio. or other Ind an reservation Ia
which the title has been or may be eXtnsu shed |
b. the Unl'cd States at any TINS during the Ope
ration Of this act; no sections Of lana reserved To
the United States alternate To any sections gran /
I'D 10 of the states for the construction II a
ny canal, railroad, or other public improvement
NJ sections fractions of sections Included with
In the limits cf any inco rporated town; no portion
of the public lands which haye b Ella .elected as
the site foe citv or town: no parcel or lot vi
land actually settled ard occupied fIr the urpo-
ses OF irSde aud not aSricu turc; and no lads on
which are situated any known sallnes or mines,
shall be liable 10 entry under and by virtue of the
provisions Of this act. And so much Of the PROV
50 II The act of twenty.second SfJune, eighteen
huudr, and thirty eight, aud any order OF tue
President OF hs Ulited y ste, - reefs certain
reservations he made ~ favor certain claims
under the trettr o. Dancing Rabbit creek be, and
the same 3 hereby. repealed; Provided. That such
re'eai shall not affect any utle TO any I. act Of
land secured n virtue Of SAID treaty.
Sec. IL. And be AZ further oHdcted, That when
two or more pCrs.ns shall have settled on the
same quarter .ertIOn Oi land, the right of pre-
emptIun shall be IN hun or her who made the
hrst settlement, provided such person shall con-
form TO The other proNisious OF tins act; aud all
questions as 70 the TlZGtof re emp TO ARISING
between different settlers shall be settled by The
regis CT auG redeivrrof he district within which
the laad - situated, subj ct 10 approval and a
q Ise.lulV ID ne
United States.
See IL And Be - further enacted. That prior To
any entries being made under and by virtue Of
any PROVISIONS OF tina act proof Of the settlement
aud Improvement thor bY required shall be made
TO the satisfaction of the register and eyer Of
the land dstrIIt Ia which auch lands may lie, a
grceaby % such rules as cha be- prsscrib. by
the SECRETARY II The Treasury, who shall each he
entitled to receive hity cents from each app lcanl
tlr Ms services e. be rendc cd rs aforesaid; and
all assignments aud tro nst rs Of the right hereby
secured prI"r 10 the issuing II the patent shat
null ant void.
Sec. 10 And Be II further epa ted. That before
any person claiming the benefit Of this act shall
b. allowed To entel such lands, he or she sha
make oath before he receiver or re. lister of tho
land district IN which the land IS situated (whO
are hereby authorised 10 administer the same
that he or she has never had the benefit of any
nsnt ot yTs'enptIun under tins act that lie Or she
IL not the owner OF three huidrsd aud twcnt, a.
res Oildnd lu any state territory f. the U ties
States, nor hain ne or she settled upon and I'M
= D. owed SAID land TO sell he same ON SPECULATION
Uut IN ~ ID faith 20 appropriate u ~ his or mel
| Iwn exclusive use o benefit aud that he she
has not, either directly or irdire lily. made ANY
agre IN, AT or contract, ia ANY way or manner
"iih any person or persons wnatso Vsr. By
which tue uile which he or she might a, q IlrJ
from the Government OF the Unite STATES should
euuTc, IA Whole or IN part, 10 the senehG of any
person exec pt himself or .IeTselI; IT any per
I s1n taxing such oath shall swear falsely ia
thep cHIs-s, he or shs shall be subject To all he
pans and penalties OF prIJdry, and sh all forfeit
| the money " ich he or she may have paId Tor
SD and, and al nshtSnj u'lS TO the same, ana
any giant or Conveyance which he or she nay
have mad cxce.t N the hands Of bon4 fde pur-
ChIsers, Tor a valuable consideration, sIal null
tnc VOID. Ahd /, shall be the duty Of tho flicer
a4mil SteIlng such oath 10 file certificate thrie-
Oi IA the pEbc lana office Of such district and to
trrHamIl duplicate copy a. the Gene, ii Land Of
nee either OF WHICH shat be good aud sufficient
GNIccace that su, n oath was aduLBIsIcIe ac=sT
ding To law.
Sec il. Aud be IT, further saacfed. That this nc
shall not DELAY The sale { any of the public lands
otlthe U.IICd States tyoud tie time which has
been or may be, appointed by the proclamation
OF the President, shalt toe provisions Of this
/ ac1 be ava liable 10 any person OF persons who
shbl f'h 10 make the proof and Daymdnt and
ne lh. affidavit quired befoie tire day appoint
- tsE the e0Ena,soueemest 0f tls saiss aforo-
See IS. And g. 81 further sDocto9 Tint vL,n
ever a-y person has settled or shall .ettl, and
improve tiact OF land, subject Ut the me OF SET
tlsmeat 70 private entry, and shall intend 10 puT
chase The same under the PROVISIONS of this act,
such person shall in the first case, within three
months after the passage Of the isme, and in the
Eel
llement hie with the register Of the proper dis
tTIct a wniten statement describing the laud set
Ted upon, and declaring the iltsntion of such
person To CLAIM the same under the provisions OF
tGls act aud shall where such settlement ~ al
ready made, " Thin twelve months after the pas
sage Of this act, and where It all hereafter be
such settlement, make the roof afflavt and
paym mt herein required, and If ms or she shl n
fan 20 file such written statement as af1rcsaJi or
shall fail TO maxi su. h affidavit, proof AID pay.
IA ut withh the twelve months sforcsaid the
tract OF land 50 settled and improved shall DO
| suhect 10 the entry Of any other purchaser.
Sec. And be IL further Gnact,d That the Two
| Per cent cithe nett proceeds Of the lsgds sold
or that may hereafter be sold by the Ugi.ed
States 10 the state cf Misslssppi since the first
/ day Of December one thousand eight hundred
/ and seventeen, AID by the act en- uled IAN act
! TO enable the People of the western part Of the
Mississippi Territory TO form a Constitutional
aud State q government. and for the admission OF
/ such ate INTO the Union on an equal footing
wEh the original states, and all acts supplement
I taTy thereto, reserved for the making Of q road
or roads lca!ing 10 said state, be. and the same
Is hereby rolLqJshei 10 the state Of Missi .sippi
payable IN two equal Instruments, the first TO be
paid on the first day Of May, one thousand eight
hundred and forty tw o. aud the other on the first
day Of May, one thousand eight hundred and for
~ three so far as the same may then nave ac-
ter that PERIOD: Provided, That tho Legislature
OF said ate shall pass an act, declaring their
acceptance ofsald relinq .ishment in full u said
fund, accrued and sccrulng nnd also embracing
provision, 70 be unalierable without the consent
II Congress that the whole Of said two per cent.
fund fhal. be faithfully applied tc the cons,rnc-
Ton Of railroad, leading from Brandon in the
state Of vi ssissippl 90 the eastern boundary Of
said state, IN he d. ectlOn as near - may be of
/ the tDwlg Of Selma, Cahaba and Montgomery
IN the state Of Alabama.
Sac. II And be u further enacted. That the two
per cen. Of the mott proceeds Of the lands sold by
the Initcd States, m tIe state Of Alabama, since
The first day Of September, one thousand eIght
hJnlrCd and ~ eileen, and res, TvCd BY the act
entitled "An act to enable the Poople Of the Ala
b1ma Territory 20 form a Constitution and State
Government, ard for the admission Of such state
INTO the Union equal footing with the origi-
n1I siatcs," for the making Of road or roads
iced .ng 20 the said state, be, and tie same is
hereby, rclIuqIished 10 the said state ofAlabams,
payable ln two equal nstalmt nts, the first 10 be
pald 90 iIe I 81 day Of May one thousand light
hundred and frty-two. and the other on the first
DAY Of day, one thousand eight hundred and for
~ three, 90 for the same has accrued, add
quarterly rs the same may hereafter &C Crue;- -
Ffo'ded, That the Legislature q SAID state shall
hf.t pass 40 act declaring their acceptance Of
SAID REIMBURSEMENT, and also embracing provl-
SON. % be unallCrabla without the consent Of
Cpngress, that the whole Of said two per ceutum
iund th1ll be iaithfuly applied, under the diroc-
ton OF The I.frfalafura n Alabama. [ D the