Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-09-11

me u in person on the public lands TO which the
lnii1n uile has been, at the time Of such settle
eNunguished, and which has been, or shall
have been surveyed "rior thereto, and who shall
lnhabIt and improve the same. and who has or !
shall erect a dwelling thereon, shall be. and is,
hereoy, authorised To eHter with the register of
the land Office for the district in which such land
may lie, by legal sub. visions, any numb r ofa- |
cres moi Nceedlng, one hundred ard sixty, or n
quarter section OF lanG, TO include the re-idence T.
OF such claim Mt, upon paving to the United
States the minimum price of such land. subject,
however, To the tullo wing limitations and excep-
tons; No person shall be entitled TO more than
one pre- emptive right by virtue Of this act, NJ
person who ., the proprietor of thTcehundrcc aud
twvutv acres of land m any tate or Territory of
the Uui'el States, ana no person who sba' ami
OF abandon his residence on his o Sn land 10 re-
SIDE IN thu public LAM in the same state or Terri
tory, shall acquire any rl-ht of pre- cmpton nndsr
this acts no lands included in any reservation. by
any treaty. law or proclamation of the President
oil the United States, or reserved for salines, or Tor
other purposes; no lands reserved for the sup
port OF schools. nor the lands nc uired by either
of the two last treaties with the Miami tribe of
lndiansl IN the st'te Of INDIAN, 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 be extingu' shed
by the United States al any time during the ope
ration OF this act; no sections of land reserved to
the United States alternate to any sections gran
ted TO aEv Of the states for the construction of a.
NY canal railroad, or other public improvements;
NJ Sectlons or fractions of sections Included wnh-
IN tbs limits Of anylnco-porated town; no norton
Of the public lands which have zen selected as
Tue stte lot, n city or town; no parcel or lot Of
land ac'uaiiy settled ard occupied for the urpo-
ses OF Trade and not agriculture: and no lands on
which are situated any known salines or mines.
shaIl be tIaole TO entIy under and by virtue of the
PROVISIONS Of this act. And so much of the proyl-
50 Of the act Of twenty-second ofJune, eighteen
hundr,d and thirty eight, and any order of tue
President OF the UdIted States, as d reefs certain
reservations To he made IN flvor OF ceI tain claias
under the treaty of Dancing Rabbit creek be, and
the same $ hereby. repealed; Provided. That such
repeal shall not affect any title To any act of
,and secured IN virtue Of said treaty.
Sec. IL. Aud be IL farther enacted. That wben
two or more Pors rs shall have settled on the
same quarter ,eeliOn of land, the right of pre-
empiIon shall be IN hun or her who made the
hrst settlement, provided such person shall con
form 10 The other provisions Of this act; and nil
llc-tlons as 10 the Tlghtof IRE emp ton arising
between different settlers shall be settled by III
register ana redeiverof he district within which
the land IS situated, subject 10 Al APPROVAL and a
REVISION by the Secretary of the Treasury OF the
United STATES.
Sec. IL And be IL further enacted. That prior to
any entries being made under and by virtue Of
any PROVISIONS OF this act, proof OF the settlement
ana Improvement thereby required shall be made
to me satisfaction of the register aud receiver of
the IAN distrIct IN which such lands may lie. a
Sreeably 10 such rules as sha be IrsscTib, A hy
the Secretary Of The Treasury, who shall each be
entitled To receive fifty cents from each applicant
i0T ms services 10 hc rende ed as Aforesaid; and
all assignments and transf,T rs Of the risht hereby
null anu void.
Sec. 10. And b. Il further eqa. ted, That before
any person claiming the benefit Of this act shall
o. allowed TO enter such lands, he or she shall
make oath before he receiver or r.. lister of the
land district IN. which the land is situated who
are hereby authorised TO administer the same
maj ne or she has never had the benefit Of any
ilShl Oi Prescription under this act; that he or she
Is not Tic o Hner OF three huhtrcd aud twenty a
res oiland III any state or territory f the United
STATES nor nam ne or she settled upon and i'm
proved sad land TO sell he same On speculation,
Oul ia good faith To appropriate II TO his or ner
I Wh exclusive useo benz M. and that he OF she
hot' ether directly or ind Tecily. made any
dSIoe'htht or contract, M any way Or manner.
win any person or pers ms wlatso yer, by
winch the utie which he or she might atu ure |
rom tIe government Of the United States should
ohlIe, ih Whole or IN part, 20 the benefit of any
person except himself or ntrself; and # any per
son tlk.nS such oath shall swear falsely in
thep G hiSes, he or sh1 shall be subject To ali he |
pains ard penalties of pttilry, and sh an E,rCcif
the, money which he or she may have paId Tor
aud, and AL right and utle 10 the same, aud
any E'aht or conveyance which he or she mav !
nave made, exec { IN The hands Of bona fde pur-
chlstrst Tor a valuable consideration. shall b, mil
~ Noiu. Alu IL shall be the duty of the officer
d9ulli is'eIing such oath 10 file u certificate thrle-
oi IN me pubic land Office Of such district. and to
i1hsnnit a duplicate copyt1 the General Land OF !
nee, either of which shall he GOOD an su1icient
ding to law. ""S "NN'h's'oied accor
sec. il. And be Hyfarher enacted, Ih,f this oct
shaII MOI DELAY the sale Cf any Of the ppbltc land
1adme .Hlled 9ta'eIbeyond the time which ha
80 - 1919 - VIZ ny Nut lTlINUNNINUn /
~ nc FIesldent, nor shall the provisions Of this
iCt pe ava liable to any person or persons win
6Le h. y MAKE the proof and paymdnt, and
me aHidayit r qpired befoi the day apDoin,-
sail nc safes as aioTc-
&C. 10 And b. Il further enacted. That when.
ever ay person has settled or shall settIe and
Inplose a uact otiand, subject at the { me Offset
= chIont u private entry, and shall intend 10 pur-
chase The SAN, under the provisions of this act
such person sball in the first ease. within tbrce
noh , - uIler the passage Of the same, and in the
las' Wlthln thtrty days after the date of such set
leulc"ti ne with the register of the proper dis
lilct a written statement describing Tie land gct-
UPON, and declaring the intention Of such
~ SUI 70 cam me same under the provisions OF
.lIs act, and shall where such settlement rs nj.
'eady made, thin twelve months after Inc paa.I
me act, and where II 3 all hereafter be
n'Ie' Withn the same period after the date OF
'uch settlement, make the prouC aai5ny 1. md
laYm ~ herein rfuiroi, and # he or sac shlll
,ibaa iT r nJ such written statement as aforesaid, or
,Iaii ioll 70 NIX such affidavit, proof AID paw.
h-ht within the Twelve months aforesaid the /
T3ct OF land so settled and improved shall be
subject 10 the entry Of any other purchaser.
Sec. And he IL further enacted. That tho two
yer cent cfthe nett proceeds Of the laads sold.
~ mat may hereafter be sold by the Unicd
2lates ~ Tie state Of Mississippi, since the fret
Jay OF December, one thousand eight hundred
ma seventeen add by the act EN- Ilcd An act
q enable the People Of the western part Of the {
hlssls Fppi Territory to form n Constitutional
mo state e bvernment, and for the admission of
49, "' hlto. the UNION on an equal footing
YIN we original states" and al acts supplement.
airy theTcin, reserved for the making Of road
" roaas leading 10 said state, be. and the same
Z hereby rcliuquished 20 the state Of MISS. siDpi
ayfDle IN two equal Instdlments, the first 10 be-
asa on lhe hrst day Of May. one thousand eirht
uhuted ana torty-twO, and the other on Inc first a.,
~ oi Way ono thousand eight hundred and for. '
tlrce' so lar as the same may then nave ac- ,
Tutd ald quarterly. as the same may accrue. ar
7 lEat period; Provided, That the Iegislafure %
sald s ave shall pass an acf, declaring their a.
oisaid rolinquishmcnt in full ii said y.
mo accrued and accruing and also embracing y
PIovIslon, 70 be unalterable without the consenf %
'Onsfg5s' mat lhe whole Of SAIL two Der cent o.
.ln snaltbG taihfJlly applied fo the c%ousfrtc. u
ln ot a Failroad, leading from Brandon. Inn Inc
w oI missisSppL 10 the eastern BOUNDARY OIL
.lu slale, " ne % ecton, as near as may b.. oil
The state Of Alabama.
o'c. - And De HJuh.r enacted. That the tV,
2 ENC Of tho nett proceeds offhe lands Ig o.
= ulieq states, 90 tIr state ofAI1hama- s,o.,
2 nrsi day Of Septcnbcr. ono fb,,',,J ~ oh
and n%i1oieen. and es.rv.d bo ~ -. vs.,
l'g 40 act 20 enable the bcoole OF tc AL. ID,
WH l'iIfurV 70 form n COuaftrU.Y .-I So