Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-09-21

1f such claim. mt, upon paying tn the United
~. I'M n price OF sueh land su2Jeci'
lions; no person shall be entitled TO more than
one pre- empnve right by virtue of tins act, no
person VINO i the proprietor of three hundred and
twenty acres Of land IN any state or Territory of
the United states, and no per on who sha quit ,
or abandon hrs residence on his own land TO re-
SIDE IN thI public land IN the same state or Tern
tory, shall acquire any n. hi of pre- eiupton nndIT
this act; no lands included IN any reservation, by
any treaty. law or proclamation OF me Presldent
other purposes; no lands reserved for the sup
port of schools. nor the lands nc ulred by either
of the two last treaties with the Miami tribe OF
Indians IN the state of Indiana, or which may be
acquired OF the Wyandot tribe of Indians IN the
state of Ohio. or other Ind an reservation TO
which the title has been or may De eNtneu shed
I by the United States AZ any time dunng the Ope-
ration Of this act; no sections OF land Reserved 10
tie United States alternate to any sections gran
"a 10 of the states for the construction If a
ny canal, rdllroad, or other public improvement
/ NJ sections or fractions of sections included with
IN the limits Of any incorporated town; no porllon
| of the public lands which haye b Ella selected as
the site Tor a city or town; no parcel OF lot OF
land actually settled ard occupied for the urpo-
scs of trsGe aud not agucu turC; aud no lands on |
which are situated any known sallncs or mines, |
shall be u tbe To entry under and by virtue OF the
provisions of this act. And so much of the provl
So Of The act of twenty second of June eighteen
hundred and thirty eight and any order OF tue
President ofthe United States, IS reefs certain
reservations To he made IA favor 81 cttian claims
under the treaty of DANCING Rabbit creek be, and
the same : hereby. repealed; Provided. That such
re'cal shall not affect any utle to any tact Of
land secured N virtue Of said treaty.
Sec. Il. And he a. further enacted, That when
two or more pcrsrns shall have settled on the
same quarter lection of land the right of pre-
emplon shall be IN hIm or her who made the
hrst settlement, provided such person shall con-
form TO the other provisions of TINS act; and ali
q1estions as To the rlghtof pre- emp tlol arising
between different settlers shall be settled by the
register ana rcdeIveT of the district within which
the land Is situated, subject 10 an approval and
revision by the Secretary OF the Treasury Of the
/ United States.
Sec. IL And Be a. further enacted, That prior to
any entries being made under and by virtue Of
any provisions ol this act proof of the settlement
aud improvement thor, b. required shall be made
TO the satisfaction Of the register aud receiver of
the land district IN which such lands may lie "A
2reeahly 10 such rules as sha be prescribed by
the Secretary Of the Treasury, who shall each lie
entitled TO receive fifty cents from each applicant
for ms services to be rendered as aforesnldi and
all assignments and transfers Of the right hereby
null an void
See, l3. And be IL further end, ted, That before
any person claiming the benefit of this act sha II
be allowed To enter such lands, he or she shall
make oath before he receiver lister of the
/, land disulct 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
nSht of presumption under tins act that lac or she
Is not the owner of three hundred and twenty a.
res oiland IA any state or territory II the United
States, nor hath ne or she settled upon and I'M
proved SAID land ose'l The same on speculation,
but IN good tilth 10 appropriate IL TO his or neI
Cwn exclusive use o benefit and that he or she
has not, either directly or indresily. made any
| agreement or contract, IA any way or manner,
with any person or persons whatso Yer. by
which the title which he or she might !, quire
{ lrom the Government Of the Unite States should
, enure, IN whole or IN part, 20 the benefit of any
person except himself or ncrselI; ano # any per-
son taking such oath shall swear falsely in
thepfemlses, he or she shall be subject 10 all the
pans ana penalties OF perjury, aud sh all forfeit
the money which he or she may have paid for
said and, and a i right and title To the same, and
any grant or conveyance which he or she NAV
made N he hnn nd n hon ID nnF-
chascTs Tor val liable consideration, shall be null
anc VOID. Anc IL shall be the duty Of the officer
admin STEERING such oath to file n certificate thtIe.
OF IN the public land Office of such district, and
transmit duplicate copy % the General Land Of
nee either OF which shall be good aud sufficient
evldeHce that such oath was administered accor-
ding TO law.
Sec. il. And Be H. further enacted, That this nc
shall not delay the sale If any of the public lands
1iilne onIIed States beyond the time which has
! oeen, or may be, appointed by the proclamation
Oh the President, shalt the provs IONS of this
&c. DC ayalable 10 any person or persons who
snal IN TO make the proof and paymdnt, and
ne The affidavit qpired before the day appoint
co LOT the commencement Of the sales afor,-
Sec. Is. And be Il further enacted. Tia, when
ever a.y person has settled or shall settle and
Improve tract iland, subject at the me of SET.
ueIhe'it 10 private ehuy, anf shall intend 20 pur
chase 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 tho
last within thirty days after the date Of such set
tlement fife with the register of the proper dis
trlct wntten statement describing the lard set
Ted upon, ana de'iailng the Intention of such
person 10 ca I'm the saue Ut DIR the provisions of
thls act, and sha where such settlement IS al
ready made, " thin twelve months after the mas.
sage Of TINS act ana where 1t all hereafter be
made, wlth-n the same PERIOD after the date of
such settlement, make the .TouG afigay 1 and
pawn mt herein required, a d II he or she shall
Tan To file such written statement as aforesoIJ nr
shall fail TO maxi such affidavit proof ard nav.
IN mt within the twelve months aforesaid the
tract OF land SO settled aud improved shall be
subject TO the entry of any other purchaser
Sec. And BE- it further enacted, That the Two
per cent cfihe nett proceed OF the lands sold
or that may hereafter be sold by the Uniied
States IN the state Of Mississippi, since the 6rst
day of December, one thousand eight bundled
and seventeen, and by the act en- ulCd IAN act
70 enable the People Of the western part Of the
MISSISSIPPI IerrltOIY 10 form n Constitutional
and State Government, and for the admission of
guCh state into the Union on On equal footing
win the original states, and all acts supplement
iaTy thercto, reserved for the making Of n road
or roads leading To said STATE, be, and the same
Is hereby relnquishei 10 the state OF Miss sippi !
payable in two equal instruments the first 10 be
paid on the first az of Nav. one thousand eigbi
hundred and forty-tWO, and the other on the FIRST
day OF May, one thousand eight hundred aud for |
~ three, so FAR as the same NAV then have ac- |
crued and quarterly, as the same may accrue, af- |
ter that PERIOD: Provided, That the Legislature |
oil said ate shall! pass an ac', declaring their |
acceptance OfsaId REIMBURSEMENT in full Of said |
fund, accrued and accruIng AID also embracing
provision, to be unalterable without the consent
81 congress, that the whole Of said two per cent.
uon Of a railroad, leading from Brandon, in the
state OF Mississippi TO the eastern boundary Of |
SAID state IN he d ecfiOn, as near as may be, Of
The towns Of Selma, Cahaba. and Montgomery,
~ the state OF Alabama.
Soc II. And be H. further enacted That the two
per CEN. Of the nett proceeds Of the lands sold BY
uhe United States IN the state OfAlabama since
the hrst day Of September, one thousand eight
hundred and nineteen, and reserved BY the act
entitled An act TO enable the People Of the Ala
lama Territory 10 form n Constitution and State
government and for the admission Of such state
hto me UniOu on an equal footing with the origi-
nal siatcs," for the making Of a road or roads
eddihg TO the said state, be- and tie same is
hereP;' relinqu shed % the said state Of Aabamt
payable 20 Two equal instamt nts, the first 20 be
bulu on the hist day Of May, one thousand eight
IiunuIed and brty-twO, and the other lcn the first
udy on way, one thousand eight hundred and for
w uTee' so far as the same has accrued, and
InaIlcrIy, rs the same may hereafter acCuic;-
q Io'uen ihat the Legislature # said state shall
ust pass an act declaring their acce ptance of {
salu ICHng ushmcut, and also embracing a provi- .
SSDn, 70 DC unalierablc without the consent Of
gouEress, That the whole Of said two per centum
.unu shail be faithfully applied, under the drec-
lon on INC Legislature Of Alabama - the con. Z