Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-10-14

4
sons shall conform to the other provisions of
ths act; and all questions as to the right of
| pr-cmption arising between different settlers
sfpll be settled by the register and receiver of
| tie district within which the land is situated,
subject to an appeal to and revision by the
| Secretary Of the Treasury Of the United States.
SEC. IL. .And DC 1t further enacted, That
prior to any entries being made under and by
vitue of the provisions Of this act proof of
tn. settlement and Improvement thereby requi-
rec shall be made to the satisfaction of the
register and receiver Of the land district i'll
which such lands may lie, agreeably to such
rules as shall be prescribed by the Secretary of
the Treasury, who shall each be entitled to
receive fifty cents from each applicant for his
services to be rendered as aforesaid ; and all
assignments and transfers of the right hereby
secured prior to the issuing or the patent shall
be null and void.
SEC. IL. .4nd be 10 further enacted, That
before any person claiming the benefit of this
act shall be allowed 10 enter such lands, he or
she shall make oath before the receiver re-
gister of the land district in which the land is
situated (who are hereby authorized to add
minister 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 tho own
err of three hundred and twenty acres OF land
in 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
i'll good faith to apprOprla 1t 10 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 might acquire
from the Government of the United States
should enure, in whole or in part, to the ben
eft of any person except himself or herself;
and if any person taking such oath shall swear
falsely i'll the premises, he or she shall be
subject tn all 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 convey
aDce which he or she may have made, except
in the hands of bona fide purchasers, for
valuable consideration, shall be null and void
And it shall be the duty of the officer admin
istering 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 adj
mnistered according to law.
SEC. IA. And be it further enacted, That
this act shall not delay the sales of any of the
public lands 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 or persons who shall fail to make the
proof and payment, and file the affidavit requi-
red before the day appointed for the COM
| mencement of the sales as aforesaid
SEC. Is find be 1t further enacted, That
whenever any person has settled of shall set
tie and improve a tract of land, subject at the
time of settlement to private entry, and shall
! intend to purchase the same under the provi-
sions OF this act, such person shall in the first
case, within three months after the passage OF
the same, and in the last within thirty DAYS
next after the date ofsuch settlement, file with
the register of the proper district a written
statement describing the land settled upon
and declaring the intention of such person to
claim .hesame under the provisions of this act
and shall, where such settlement is already
made, within twelve months after the passage
of this act, and where it shall hereafter be
made, within the same period after the date OF
such settlement, make the proof, affidavit, and
payment herein required; and if he or she
shall fail to file such written statement as a.
forcsad, or shall fail to make such affidavit
proof, and payment within the twelve month:
aforesaid, the tract of land so settled and i'm
proved shall be subject to the entry of any
other purchaser.
SEC. Is. ind be 1T further enacted, Tha
the two per cent. of the nett proceeds of thu
lands sold, or thatmay hereafter be sold by thu
United States in the State of Mississippi, sine
the first day of December, one thousand eigh
hundred and seventeen, and by the act entities
s.An act to enable the People of the wester
} part of the Mississippi Territory to form
| Constitution and State Government, and fo
: the admission of such State into the Union o
f an equal footing with the original States" an
all acts supplemental thereto, reserved for til
r making of road or roads leading to sal
! State, be, and the same is hereby, relinquisl
r ed to the State of Mississippi, payable in tw
t equal instruments; the first TO be paid ON II
# first of May, one thousand eight hundred al
II forty-two, and the other on the first of Ma
y one thousand eight hundred and forty-ihrt
S so far as the same may then have accrued, a
i quarterly, as the same may accrue, after So
e period: Provided, That the Legislature
e said State shall pass al act, declaring their
IS ceptance of said REIMBURSEMENT in full Of 8;
te fund, accrued and .accruing, and also embri
IS ing provision, to DC uralterable without
'r consent of Congress, that the whole of s.
0r two per cent fund shall be faithfully appl
H. to the construction of Il railroad, leading fr
OF Brandon, in the State of Mississippi, to
as eastern boundary Of said State, i'll the dir
OF ton, as near as may be, of the towns of
II ma, Cababa and Montgomery, in the State
70 | Alabama