The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-04-26

STATE OF GIssIss1PP1.
[puBLrsHED BY AUTHORITY. ]

AN ACT authorize the sale Of The swamp Lands IN the
county of Franklin. and for other purposes
WHEREAS, by Act of Congress- approved Sep
TENDER 2Sth, 1850, certain swamp lands, sItna,
ted in the State Of Mississippi, were granted
to that State; and
WHEREAS by a subsequent Act of Congress,
approved March Sd, 1857, the selection OF such
swamp lands was confirmed and patents direct
ed to issue to the State for the same; and
WHEREAS Ly an Act of the Legislature OF
this State, approved March Sd, 1882, thlrty-hVe
thousand (35O0O) acres of said swamp LANDS,
situated in the Homochitto swamp, was granted
to the commissioners of the Homochitto RIVER,
Incorporated by Act of the Legislature, ap-
proved March 9Th, 1850, for the purpose OF re-
moving distractions in said river with power 10
dispose of the same for the purposes named III
the Act, at price of not less than fifty cents
per acre, and report such sales to the Secretary
of State who was required thereupon TO issue
patents for the same; and
WHEREAS, by an Act of the Legislature ap-
proved November 10Th, 1857, the board of
police of the county Of Franklin, authorized
to appoint a commissioner with authority to
sell said swamp lands in the county of Frank
lin; and
WHEREAS by an Act approved February goth,
1867 the Secretary of State was also authorized
to sell said lands at the price then established f;
and,
WHEREAS BY an Act, approved April 9TH,
1872 the Secretary of State was also authorized
to issue patents for such lands as had been
sold, and for which patents had not issued, stu
ated in said county of Franklin; and
WHEREAS, Notwithstanding these several Acts
providing for the sale of said swamp lands, there
still remains, unsold, large quantity Of swamp
lands in the said county of Franklin, located
under the said Act of Congress, approved
September 28th, 1850, yielding no revenue to
the State, and which should be placed III mar
ket now, therefore,
SECTION L. BE 1t enacted By the Legislature
of the State Of Mississippi, That it shall be
the duty of the Secretary OF State to forthwith
prepare and forward to the clerk OF the chan
Gerry court of the county of Franklin full and
complete list, giving subdivision OF section,
townships and range, of all swamp lands granted
to the State by said Act of Congress, approved
September 28th, 1850, situated in said county
of Franklin. except such as the records IN his
office show have been heretofore sold and re
ported by the commissioners of the HomochItto
River, as required by section of the said ct
of March 3d. 1852, or by the commissioner APP
pointed under the said Act of 10th November,
1857, or by the Secretary of State by virtue Of
the said Act of February goth, 1867.
Sec 2. Be 1t further enucted, That upon the
receipt of said list of unsold swamp lands from
the Secretary of State, it shall be the duty Of
the chancery clerk of the said county of Frank
lin, after giving notice by publication In some
newspaper of general circulation in his county,
to be selected by him, and by posting at the
door OF JllG courthouse Oh SdIu EIdlhIlH county,
for four successive weeks, that the said unsold
swamp lands situated in said county, sub
ject to entry, to sell the same to such parties
as first apply after the day fixed IN the
said notice as the time of entry, at the price
of fifty cents per acre Pp0U5ded, h01Ceref,
That no such sale shall be made until the eX
piration of the time fixed in the published and
posted notices for entry, and that no one person
shall be permitted to buy more than two hun
dred and forty acres; and Proyided, ,ttrtder
That any actual settler upon said lands before
the passage of this Act, shall have right of
preemption within twelve months after the day
fixed in said notices for entry, upon payment
of the above named sum of fifty cents per acre.
SEC. 3. BE 1t further enacted, That it shall be
the duty of the chancery clerk to issue to each
purchaser certificate of purchase, and to for
ward quarterly to the Secretary of State, list
of lands sold by him, with amounts paid there
for, and name of purchasers, and thereupOn 1t
shall be the duty of said Secretary of State to
file the same in his office, and to Immediately
forward to the chancery clerk, patents for each
purchaser to the lands bought by him, and the
said clerk shall, upon the surrender of the GER
tiicate of purchase, deliver the patents to those
entitled thereto.
SEC. 4. BE ii further enacted, That the said
clerk shall be entitled to charge each purchaser
fee of two dollars for each entry, and upon
delivery of the patents a fee of one dollar for
each patent, for the Secretary of State, to be
forwarded to him by said clerk; and such fees
shall be in full compensation to the said officers
for the services performed by them; the notice
by publication hereinbefore authorized, to be
paid out of the county treasury upon allowance
by the board of supervisors of said county
Sec. 5. Be 1T FURTHER enacted, That it shall
be the duty of the said chancery clerk to for
ward quarterly to the State Treasurer all moneys
received by him for the sale of said swamp
lands, and the said State Treasurer shall keep a
separate account of the said fund.
SEC. 6. Be 1t FURTHER enacted, That before
proceeding to sell said lands, it shall be the
duty of said chancery clerk to execute bond
payable to the State Of Mississippi in the sum
of two thousand dollars, with two or more good
securities, conditioned for the faithful perform
ance of the duties imposed upon him by this
Act, said bond to be approved by the president
of the board of supervisors OF Franklin county.
SEC. Z. Be 1t further enacted, That the pro
ceeds of said lands shall constitute a part of
the common school fund as provided by section
g. article viii of the Constitution of this State
SEC s. Be 1t further enacted, That an Act
entitled san Act to secure to the State certain |
lands heretofore granted to provide for the
appraisement and sale of the same, and for other
purposes approved March 4th, 1875, be and
the same is also repealed.
SEC. 8. Be 1t further enacted, That the pro-
visions Of this Act, so far as the same are ap
plicable, shall be- and the same are hereby ex
tended to the county of Wilkinson.
SEC. 10. Be it further enacted That this Act
take effect and be in force from and after its
passage
APPROVED, March Is, 1876.