Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-09-25

,s y section Of land, to include the residence
~ ~ su~ ciaimf mt, upon paying to the United
states the minimum price of such land, subjeci,
noweVer, TO the follo~lng limitations aud exeep- r
Dhe pre- empnve right by virtue of this act, no o
person VINO Is the proprietor of three hundred and
Wenlv acres OF land IN any state or Territory OF q
the United States, and no person who sha quit .
Of abandon his residence on his oSn land TO re- n
SIDE On tht public land in the same state or Tern
3ty shali acquire any riaht of pre- eInption nndsr
ihs act; no lands included IN any reservation, by
any treaty, law or proclamation OF the President 4
~ the United States, or reserved Tor salines, or for
other purposes; no lands reserved for the sup ,
port Of schools. nor the lands &c 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 ot OHIO. or other Ind an reservation To /,
which the title has been or may be exungu shed 7
By the United States at any time during the ope- |
ration Of this act no sections of land Reserved To
the United States alternate to any sections gran
It'd 10 a.y OF the statesfr the construction of a
ny canal railroad, or other public improvement; Il
NJ sections or fractions OF sections inc uded with
In the limits Of any inco. poraied town; no portion
If tue public lands which have b en- selected as
the site Tor cltv or town: parcel or lot of /
land actually settled ard occupied for the purpo-
ses OF iraGe aud not agriculture; aud no lands on
which are situated any known salines OF mines, /
shall be liable TO entry under and by virtue OF the
provisions of this act. And so much of the proyi
50 Of the act OF twenty-second of June, eighteen
huudT,d dnd thirty -eght, and any order of the
President OF the United States, as d reefs certain
reservations tu he made in favor OF ceitan claims
under the treaty ogDaucing Rabbit creek be, and
the same $ ,reby. repealed; Provided. That such
reIeal shall not Affect any utle 10 any tIact Of
, lanh secured IN virtue of sad treaty.
Sec. IL. And De a further oHdcted, That when
| two or more pors rs shall have settled on the
: same quarter lection of land, the right of pre-
5 empuOn shall be IN HIM or her who made the
tirst settlement, provided such person shall con-
form 10 the other provisions of this act; and all
questions 10 the right of pre emp tiol arising
= register ana Tedeiver of The district within which
the land - situated subject To an APPROVAL and
h 81.
. United Staies.
e Sec IL Aud be IL further enacted. That prior to
D any entries being made under and by virtue Of
any PROVISIONS OF this act proof OF the settlement
i and Improvement theTt b. required shall be made
TO the satisfaction of the register aud receiver OF
i the land district in which such lands NAV lie n
y greeably 10 such rules cha be prescrib, q by
the Secretary of the Treasury, who shall each be
entitled to receive fifty cents from each app lcan
Tor MS services To be rendc cd afoI esaid and
all assignments aud ira sfers of the right hereby
4 secured prl"r TO the Issuing If the patent shall
q Sec, l3. And be IL further enacted That before
y any person claiming the benefit Of this act shall
i be allowed To enter such lands, he or SHE shall
: MAKE 0ath before nc receiver or re. lister of the
IS are hereby authorised TO administer the same !
e that he or she has never had the benefit of any
l. right OF prsempuOn under this act; that he she
y Is not tue owner OF three huhdred and twenty n.
Ires Olland ia any state territory # the United
States, nor hath ne or she settled upon and I'M
p proved SAID land 10 sell the same speCua
but IN good faith To appropriate u TO his or neT
Swn exclusive use Or bersft and that he or she
has not, either directly or indirectly. made any
d agreement or contract, ia any way or manner,
win any person or persOns whatso Yer, by
: which the title which he she might quire
II lrom the Government of the Unite States should
enure IN whole or IN part, 20 the benefit of any
e person except himself herself; ana If any per-
}. son taking such oath shall swear falsely in
thepremiscs, he or she shall be subject To all he
e pains and penalties of perjury and sh all forfeit
n the money which he or she may have paid for
said and, and al right and title to the same, and
any grant or conve vance which he or she NAV
5 have made, exec. IN the hands of bona fde pur-
chasers, for valuable consideration shall b.. null
anc void. And il shall be the duty of the officer
admil STEERING such oath TO file a certificate there
oI IA the pubic land office Of such district and
transmit duplicate copy u the Genei al Land Of
nee, either of which shall be good and sufficient
SVlaehce that such oath was administered accor-
Sec. ii. And be Il further enacted, That this nc
snail not delay the sale Cf any of the public la nd
!, IiNhe United States beyond the time which has
S Oeen, or may be, appointed by the proclamation
OF the President nor shall the provisions of ib,s
b aSt pc available To any person or persons who
j. shaI l'I TO make the proof and paymdnt, and
me me aHldavit Z, qplred befo the day appoint
5 cd Tor the commencement OF tie sales as afore-
Sec. Is And be IL Curlae, enacted TIN, ,,ho,,
ever a. y person has settled or shall settLe nj
improve tract oiIand subject at the me of set
ne meat to private entry aud shall intend TO 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 i'm fhe
last within thirty days after the date Of such set
uementi he with the register of the proper dis
tfct written statement describing the land SET
ted upon, and declaring the intention of such
person To clam The same under the provisions of
this act, and shall where such settlement ne al.
ready made, ~Ithin twelve months after the pas.
sage Of this act, and where II all hereafter be
made, within the same period after the date of
such settlement, make the prooG afiIavt I. Ind
paym mt herein required, aid II he or she shat
fan to file such written statement as aforesaid or
shall fail 90 max such affidavit proof and nav.
m mt within the twelve months aforesaid an.
tract OF land so settled and improved shall be
al 81 n 81 FrtfF Of 4.
Sec. And be 10 further Cnacted, That the two
per cent efthe nett proceeds Of the lads sold
or that may hereafter be sold by the Unicd
i States IN the state Of Mississippi, since the fret
day OF December, one thousand eight hundred
and seventeen, aud by the act en- titled IAN act
to enable the People Of the western part Of the
Mississippi Territory TO form Constitutional
and State Government. and for the admission Of
such state into the Union on an equal footing
iaTy thereto, reserved for the making Of a road
] or roads leading 10 said state, be- and the same
Is hereby reiinqusheh TO the state of Missi sippi
payable IN two equal instruments, the first 20 be
7 pad on the iIst diy of May, one thousand eight
/ hundred and fOrty-two, and the other on the first
| day OF May, one thousand eight hundred and for
/ ~ three, so FAR os the same may then nave ac-
crued, and quarterly, the same may accrue, az
/ ter that period: Provided, That the Legislature
| OF said ate shall pass an act, declaring their
acceptance ofsaid REIMBURSEMENT IN full Of snid
l fund, accrued and accruIng. AID also embracing
aPTowsion, TO be unalierable without the consent
Of congress, that the whole Of said two per cent
iund shall be fdIihfUlly applied to the cOnstruc-
hon Of a railroad, leading from Brandon, in the
state Of Mississippi to the eastern boundary Of
sald state, ~ he d. ectlon, near may be, OF
/ the towns Of Selma, Cahaba, and Montgomery, |
/ m the state Of Alabama.
| Sac. IL And belt further enacted. That the two /
per een Of the nett proceeds Of the lands sold by
ne United States, in tie state ofAabama, since \
me hrst day OF September, one thousand eight |
hundred and nineteen, and reserved by the act /
entitled An act 10 enable the People Of the Ala
6ama Territory 70 form a Constitution and State Il
Government, and FOR the admission Of such state
uto lhe niOu on an equal footing with the Origi-
nal sldtcs' Tor the making Of n road or roads
eaung 70 the said state be, and tie same il
nelegg' Telnqulshed 20 the said state Of ALABAMA,
pey9Ole IN Two equal instalmt nts, the first 20 be
pod on the FIRST day Of May one thousand eiphf /
IunoIeo and tJrty-twO, and the other on the first
gay on way one thousand eight hu ndred and for
W uItg' 50 Tar a. the same has accrued, add
quarterly re the same may hereafter acCruei-
IoFIued' mat the Legislature Of said state shall
- lass m act declaring their accs ptanco Of
s-nn. 10 b. nn.I....L-I-- -. = L-.--.