The Camden weekly journal. [volume] (Camden, South-Carolina) 1853-1861, 1854-08-01


and as near the route of such railroad ortcanaE
as possible, and the same shall be withdrawal
from sale or entry by public advertisement d
the Secretary of the Interior, except in the
manner and form hereinafter prescribed. The
price of these lands shall be one dollar per.
acre for those which have t'yet been offered
at public sale, or.for' those which have bee1
subject to private entry less than fyeyearsS
seventv.ive cents for thSse which have been;
so subject to entry more than five years and
less then ten years; fl:y cents for those which
have been so subject sto entry more. than ten5
years and less than twenty years; and twenty s
five cents per acre for those which have been
so subject to entry more than twenty years.
The fourth section provides that whenever
State through which such railroad or canal
passes, and in which the said lands lie, shallSj
desire to do SO, it may select, as pre-emptor,
all the lands so reserved at the minimum prices
designated in the third section of this act; but*s
the State must take up and pay in cash for
said land within ten years from the time whens
set apart by the Secretary Of the Interior ,fors
otherwise its right to such Of them as remain
unsold shall be forfeited, But before. the ex-s
piration of this period the State may sell the
lands thus reserved to individuals or corpora IS s
tions provided that no title shall vest in the 8
purchaser until he pays to the receiver of thess
proper land office of the United States, for the 6
use of the United States, the price herein fixed
as the price, e,per acre for which the lands shall y
be sold. --t stsT ~ z.
The fifth section provides that, in the.events
Of difference between the Postmaster Gene.
raj and the railroad company as to thecompen-sss
sation for carrying the mails, the matter shall &
be settled by mutual agreement between the z
Postmaster General ard the Governor Of the 4
State in which such railroad lies. 4" = :!
The sixth section provides that the lands !
purchased by any State, under the provisions
of the third section of this act, shall be applied
by said State for the construction of the rail-
road or canal for which they were reserved -
and that no lands shall be included within the 4
operation Of this act to which the Indian title !
has not been extinguished. -.
The seventh section provides that this acts5
shall in no way apply to town or village prop. +
erty, either in-lots or out-lots nor be so con-
strued as to interfere with any pre- emption',
claim or to lands reserved for schools, salines
or reserved sections on railroad grants or other
purposes, under any existing laws of the United
States, nor to any of the mineral lands OF the
United States. 8
The eighth section provides that any free !;
white person, who is the head of family, or Z
who has arrived at the age of twenty-one years.
and is capable of holding lands under the laws
of the State IN which the lands lie; or if they I;
lie in Territory, then any person who is ca. s
pable Of acquiring pre.emption under the laws,
of the United States, shall, from and after the
passage of this act be entitled to enter one-
quarter section of vacant and unappropriated
public lands, and no more, which may at the
time the application is made be subject to pri.
vate entry, or quantity equal thereto to be
located in body, in conformity with the legal
subdivisions of the public lands: provided, that
lands ceded by any Indian treaty stipulating
for the payment to such, Indians. of the nett
proceeds of the sales of the ceded lands shall
not be subjected to the operations of this act,
except at the graduated prices fixed therefor.
The ninth section provides that the person
applying for the benefit of the foregoing eighth !,
section shall, upon application to the register
of the land Office in which he or she is about
to make such entry, make affidavit before the
said register that he or she is the head OF a !;
family, or is twenty-on years Of age, and that
such application is made for his or her exclu- :
sive use and benefit, and those specially men
toned herein, and not either directly or indi.
recty for the use or benefit ofany other person
or persons whomsoever; and upon making the !,
affidavit as herein required, and filing it with /,
the register, he or she shall thereupon be per-.
mitted to enter the quantity of land specified:
provided. that no certificate shall be given or
patent issued therefor until the expiration Of
FIVE years from the date of such entry, and un-
til the person or persons entitled to the land so
entered shall have paid for the same twenty
five cents per acre, or, if the lands have been
in market more than twelve years, twelve and ,
half cents per acre; and if, at the expiration
of such time, the person making such entry
shall prove by two credible witnesses that he
or she have continued to reside upon and cuti- Z
vate said land, and still reside upon the same,
then, in such cases, he or she shall be entitled
to patent, as in other cases provided for by
law; and all such persons as are specified in
the eighth section, and who are now settled
upon lands subject to entry by this act, shall Z
be entitled to its benefits, upon the expirationss
of five years from the date of such settlement !
The benefits of this and the preceding section
of this act shall be extended 70 the settlers up.
on the public lands in California, upon payment
of one dollar per acre. =,
The tenth section provides that the register
of the land office shall keep register OF all en-.
tries, and make return thereof to the General
Land Office.
The eleventh section provides that any per
son who NAV have filed his or her affidavit Of