Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-09-01
LAWS OF THE u. STATES,
[O#frtal publication. ]
IPuBLIc, No 40. |

AIN Az 10 VrOVtue IOr the armeu OCCupa
ton and settlement Of the unsettled par
of the peninsula OF East Florida.
BE IL enacted by the Senate and House o
Representatives. offhe United States of .4meri
ca IN Congress assembled, That any person
being the head Of family, single man owe
eighteen years Of age, able TO bear arms. whit
has made, or shall, within one year from ant
after the passage Of this act, make On scuta
settlement within that part Of Florida situate
and being South of the line dividing town
ships numbers nine and ten South, and East
of the base line, shall he entitled TO one quar-
ter section Of said land, on the following con-
ditons and stipuations:-
First, That said settler shall obtain from the
register OF the land office, in the district in
which he purposes 10 settle, permit des-
cribing, as particularly as may be practicable
the place where his or her settlement is in
tended to be made Proridtd, That no per.
son who shall be- resident of Florida ut the
time of the passage Of this act, who shall be
the owner Of one hundred and sixty acres OF
land at the time he proposes to settle, shall be
entitled to permit from the register.
Second, That said settler shall reside in
The territory Of Florida, south of said town.
ship line. for FIVE consecutive years, and to
take his grant Oh any public land South OF
that township.
Third, That said settler shall erect there
on a house fit for the habitation of man, and
shall clear, enclose, and cultivate at least
five acres of said land, aud reside thereon
for the space Of four years next following the
first year after The date of his permit, il he
shall so long live.
Fourth, That such settler shall within one
year after the survey Of said lnnds, and the
opening Of the proper Office for the entry and
sale of the same by the United States, prove,
before such tribunal, and in such manner
and form as shpll be prescribed NY the com.
missioner Of the general land office, with the
the approval Of the President, the fact that
the settlement has been commenced, and
the particular quarter section upon which IL
is located aud also that such settler shall
ihin six months after the expiration of five
years from the date OF his permit, prove, in
like manner, the fact OF continued residence
aud cultivation, as required IN the second and
third conditions herein above prescribed
whereupon, and not until then, patent shall
issue to said settler for such quarter section.
Sec. 9. find be II further enacted, That in
the case Of the settlement OF the same quar-
ter section by two or more settlers, the right
TO the location shall be determined by priori-
" Of settlement, TO be osccriainsd under
such rules as the commissioner OF the Gen
eral Land Office, with the approval Of the
President may prescribe ard the subsequent
settler Or settlers shall be permitted To To-
cate the quantity he, she or they may be en-
Titled to elsewhere within the same township,
upon vacant public lands.
Sec. 3. .4nd be IL further enacted, That no
right or donation shall be acquired under
this act within two miles of any permanent
military post Of the United States, estab-
lished and garrisoned at the time such settle
ment nnd residence was commenced.
Sec. 4. .4nd be Il further enacted, That oil
sales, gifts, dcvises, agreements, bonds, or
powers to sell, transfers, or liens whatsoever
private or judicial, Of the lands, or any portion
thereof acquired by this act, made at any
time before patent shall have issued for the
same, shall tc utterly void and without
effect, to every intent aud purpose, whether
in law or equity. nnd the purchaser or obigee,
under any such sale, agreement, bond, or
power to sell. transfer or lien, shall not be
entitled to recover back the price or consider
alton paid therefor, but shall forfeit the same
absolutely to such settler or his heirs.
Sec. 5. And be ii FURTHER enacted, That
upon the death Of any settler before the end
Of the five years, or before the issuing Of the
patent, ull his rights under this act shall de-
scend TO his widow and heirs at law, if he
leaves n widow and to his heirs nt law, if he
leaves none, to be held and divided by then,
according to the laws of Florida, any previ.
ous sale or transfer Of the same or Of any in.
terest, legal or equitable, in the same, TO the
hst nl nG ia
compliance with the conditions Of this act
up to the time Of his death, shall be sufficient
TO cn,lte them to the patent.
Sec. 6. .4nd be IL further enacted, That
where any settlement, by the erection OF a
dwelling, or the cultivation Of any portion
thereof, shall be made upon the sixteenth
section before the same shall be surveyed
then and in that case other lands shall be Sc
lected by the school commissioners Of the
township, in lieu Of said section sixteen, oI
such part thereof as may be claimed under
this act
Sec. z. And be IL further enacted, That mol
Exceeding two hundred thousand ncres o
land shall be taken for settlement under thi:
act.
Sec 8. .qnd be IL further enacted, That the
president Of the United States may, at any
time, by proclamation, suspend all further
permits and settlements under this act, BY
giving six months notice thereof
Sec. Q. lind be IL further enacted, Thai
the Commissioned OF the General Land Office
shall, on or before the first day Of February
eighteen hundred and foriy.iour, report tc
Congress the names Of every individual who
shall have made the actual settlement re.
ouired by the first section Of this act, spo
cilyng the heads Of families and the single
men, and the location u: each quarter sec
ton occupied by each oi said settlers.
JOHN WHITE,
Speaker of The House Of Representatives..
WILLIE p. MANGUM,
President of The Senate pro tsmpore.