The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-08-09

or when The end can be effected by con.
tracts and stipulation satisfactory to the
Postmaster General.
Sec. 6. That the lands purchased by
any State, under the provisions Of the
third section of this act, shall be applied
by said State :or the construction of the
railroad.-or canal. for which they were
reserved; but the time and manner of sell
ing said lands, and the mode of appro.
priaiing them, in conformity with the pro-
visions of this act. shall be determined by
the State to which the remainder Of the
proceeds OF this fund belongs. after its
application to the construction and COM
pletion Of said railroad or canal: Prorided.
however, That the acceptance by the State
of the provisions Of the third section OF
this act shall be considered as an assent,
Oh its part, to appropriate the said lands
as prescribed in the said third section Of
this act. which shall take effect from its
passage: And prorided. further. That no
lands shall be included within the opera.
ton OF this act 10 which the Indian title
has not been extinguished.
SEC. 7. That this act shall in no way
apply 10 town or village property. either
in-lots, or out lots, nor be so construed as
to interfere with any preemplion claim, or
to lands reserved for schools, salines, or
other purposes. under any existing laws
of the United States. nor to any of the
mineral lands of the United States. the
lands covered by such preemptions, or
embracing such minerals. being hereby
expressly excluded from the operations OF
this act And full power and authority
are hereby given to the Secretary Of the
Interior 10 make all needful rules and
regulations for fully carrying into effec,
the several provisions Of this act. The
said Secretary OF the Interior is also au-
thorized to fix uniform price. according
| to some one Of the classifc ations of this
act, upon all the lands Of township where
different parts OF the same have been ex-
posed to sale for different periods of time,
according to the respe ctive provisions here
in contained: Prouided, however, That
this provision shall not extend to town or
village property. or to sections and special
reservations made by the Department
Sec. 8. That any free white person who
is the head of family, or who has ar.
rived at the age Of twenty-one years, and
is capable of holding lands under the
laws of the State in which the lands lie,
ora if they lie in Territory, then any
person who is capable of acquiring a
preemption under the laws Of the United
States. shall. from and after the passage
of this act. be entitled TO enter one quar-.
ter section OF vacant and inappropriate
public lands, and no more. which may,
at the time the application is made, be
susject TO private entry. or quantity
equal thereto, to be located in a body, in
|conformi,y with ihe legal subdivision o
the public lands: Prouided. That land,
ceded by any Indian treaty siipulstine &
for the payment to such Indians OF the
nett proceeds OF the sales OF the ceded
lands, shall not be subject to the opera
lions OF this act. except at the graduated
prices therefor.
Sec, 9. That the person applying for the
benefit OF The eighth section OF this ac
shall. upon application tolhe register o
the land office in which he or she is abou
IL t1n nAAf saf fpgA tspGiHip sks atlidayi. eslor.
oil family. or is twenty one years Of age
and tha, such application is madesaor hi
or her exclusive use and benefit, and thos
specially mentioned herein, and not eithe
directly or Indirectly for the use or benefi
Of any other person or persons whomso
ever; and upon making the affidavit a
!, herein required. and filing it with the reg
is,er. he or she shall thereupon be permit
led to enter the quantity of land specified
Prorided, hoarerer, That no cerlificat
+, shall be given or patent issued therefor
: until the expiration Of five years from tn
date OF such entry. and until the perso
or persons entitled TO the land so entere
shall have paid for the same twenty-fy
; cents per acre, or ii the lands have bee
i in market more than twenty years, twelv
and a half.cents per acre; and il, al IN
expiration of such time, the person maxim
such entry, or, il he be dead his widow
or in case OF her death. his heirs or dev
see, or in case of widow making sue
entry. her heirs or devisee, in case OF h,
. death, shall prove by two credible witne
. ses that he, she, or they. have continue
!, to reside upon and cultivate said land, an
- still reside upon the same, then in sue
:, case, he. she. or they, shall be entitled
:, :, a patent, as in other cases provided for
y law: And prorided further, In case
:. the death OF both father and mother, lea
=, ing an infant child or children under tive
!. ty .one years OF age, the right and the Il
- shall inure to the benefit OF said infa
:, child or children, and the executor, a
~ ministrator, or guardian, may, at any tin
.. within Two years after the death OF the su
:. viving parent. and in accordance with Il
laws Of the State IN which such childre
N Tor the time being, have their domicil
:. . sell said land and apply the proceeds
=. ~ the sale thereof. first for the payment
r. what may be due Tor it to the Unit
~ States, and the residue for the benefit
=, said infants, and for no other purpose; al
ID the purchaser shall acquire the absolr
70 title by the purchase. and be entitled to
- patent from the United States.
=, Sec. 10. That the register OF the la
T.. office shall note all such applications
i, the iract.books and pla,s OF his office, a
nc keep a register Of all such entries. q
-. make return thereof to the General La
ha Office together with the proof upon viii
-. thew have been founded.
"a SEc.1l That any person who may hs
H., h,r II, do oil an fentinn