When school sec tions are covered oth er lands may selected. be CHAP. 398.-An act to authorize the selection of certain school lands, in the SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That wherever the sixteenth sections in said Terby private claims, ritory, either in whole or in part, are now, or may hereafter be, included in private claims held by titles confirmed, or legally decided to be valid and sufficient, other lands equivalent thereto, and most convenient to the same, may be selected in lieu thereof, under the direction of the Secretary of the Treasury; and the lands so selected shall be entered in the office of the register of the land district in which they may lie, and be, by such register, reported to the Commissioner of the General Land Office, as school lands selected under this act: Provided, That, before making any entry of such other lands, the case shall be made out to the satisfaction of the register and receiver of said district, agreeably to rules to be prescribed by the Commissioner of the General Land Office, for that purpose, showing that the sixteenth section, or a part thereof, has been included in the manner above mentioned. Approved, May 29, 1830. paid for surveying Arkansas. CHAP. 399.-An act to provide for surveying certain lands in the Territory of SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asExtra price to be sembled, That the surveyor general of the States of Illinois, certain lands in Missouri, and Territory of Arkansas, be, and he is hereby, authorized to contract for, and pay, at the rate of four dollars per mile, for the surveying of such of the public lands in the Territory of Arkansas which lie on the rivers, and are so thickly covered with cane that contracts for executing the surveys thereof, by suitable persons, cannot be made at the existing price: Provided, That said surveyor general shall certify to the Commissioner of the General Land Office, from time to time, the quantity of land for the surveying of which the additional compensation allowed by this act shall be contracted for, and the reasons, in his opinion, requiring the increased allowance. Approved, May 29, 1830. CHAP. 400.-An act to relinquish the reversionary interest of the United States in certain Indian reservations in the State of Alabama. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as servations; interest therein relinquish sembled, That all the right, title, and interest, which might Certain Indian re accrue or revert to the United States, to the reservations of of United States land now claimed and possessed by Conaleskee, commonly ed. called Challenge, James Ore, and Giles McAnulty and his wife Alice, and William Wilson and his wife Peggy Wilson, under a treaty made and concluded between the United States and the Cherokee tribe of Indians, on the eighth day of July, one thousand eight hundred and seventeen; and all the right, title, and interest, which might accrue or revert to the United States, to reservations of land, now claimed and possessed by George Stiggins and Arthur Sizemore, under a treaty made and concluded between the United States and the Creek Indians, at Fort Jackson, on the ninth day of August, one thousand eight hundred and fourteen, all lying in the State of Alabama, be, and the same are hereby, relinquished, and vested in the said reservees, and their heirs, respectively: Provided, That the said Conaleskee, com- Conditions. monly called Challenge, James Ore, Giles McAnulty, and William Wilson, George Stiggins, and Arthur Sizemore, with their respective families, shall remove to their respective tribes west of the Mississippi river, not included within any State or Territory; and that the Government of the United States shall not be chargeable with the expense of their removal or transportation, or with any allowance of land to, or on account of, either of them, or their respective families: And provided, also, That no conveyance or deed of the said lands, or any part of them, shall be valid or effectual, until every such conveyance or deed shall be submitted to one of the district attorneys for the district of Alabama, for his approbation; and if, after inquiry into the facts and circumstances attending the contracts for the sale of any of the said lands, he shall be satisfied that such contracts are fair, and that the consideration paid or agreed to be paid therefor is adequate, he shall endorse his approbation on each conveyance and deed so approved; and, thereafter, the same be deemed valid and effectual. Approved, May 29, 1830. [See Part II, No. 47.] CHAP. 401.-An act to grant pre-emption rights to settlers on the public lands. on public land. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every settler or occupant of the public lands, Pre-emption right prior to the passage of this act, who is now in possession, and granted to settlers cultivated any part thereof in the year one thousand eight hundred and twenty-nine, shall be, and he is hereby, authorized to enter, with the register of the land office for the district in which such lands may lie, by legal subdivisions, any number of acres, not more than one hundred and sixty, Where two or more settlers оссиру same tract. Proof of settlem't. or a quarter section, to include his improvement, upon paying to the United States the then minimum price of said land: Provided, however, That no entry or sale of any land shall be made, under the provisions of this act, which shall have been reserved for the use of the United States, or either of the several States, in which any of the public lands may be situated. SEC. 2. And be it further enacted, That if two or more persons be settled upon the same quarter section, the same may be divided between the two first actual settlers, if, by a north and south or east and west line, the settlement or improvement of each can be included in a half-quarter section; and in such case the said settlers shall each be entitled to a pre-emption of eighty acres of land elsewhere in said land district, so as not to interfere with other settlers having a right of preference. SEC. 3. And be it further enacted, That, prior to any entries being made under the privileges given by this act, proof of settlement or improvement shall be made, to the satisfaction of the register and receiver of the land district in which such lands may lie, agreeably to the rules to be prescribed by the Commissioner of the General Land Office for that purpose, which register and receiver shall each be entitled to Assignments null receive fifty cents for his services therein. And that all assignments and transfers of the right of pre-emption given by this act, prior to the issuance of patents, shall be null and void. and void. Public sale not to be delayed. SEC. 4. And be it further enacted, That this act shall not delay the sale of any of the public lands of the United States beyond the time which has been or may be appointed, for Limitation of right. that purpose, by the President's proclamation; nor shall any of the provisions of this act be available to any person or persons who shall fail to make the proof and payment required before the day appointed for the commencement of the sales of lands including the tract or tracts on which the right Rights not to ex of pre-emption is claimed; nor shall the right of pre-emption, contemplated by this aet, extend to any land which is reserved from sale, by act of Congress, or by order of the President, or which may have been appropriated for any purpose whatsoever. tend lands. to reserved SEC. 5. And be it further enacted, That this act shall be and remain in force for one year from and after its passage. Approved, May 29, 1830. [See Part II, Nos. 15, 25, 41, 42, 55, 56, 57, 58, 60, 64, 65, 72, 74, 77, 83, 85, 88, 93, 129, 146, 152, 370, 371, 376, 377, 382, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 508, 509, 510, 512, 514, 515, 519, 521, 523, 524, 527, 528, 531, 532, 533, 534, 535, 554, page 606, Nos. 563, 566, 567, 570, 571, 573, 584, 585, 586, 587, 588, 590, 597, 599, 610, 611, 892, 909, 1,011, 1,012, 1,014, 1,015.] CHAP. 402.-An act for the relief of certain officers and soldiers of the Virginia line and navy, and of the continental army, during the revolutionary war. *See chapters 423, 442, 461, 482. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the officers and soldiers, sailors and marines, Virginia military bounty land; scrip who were in the service of Virginia on her own State es- to be issued for it. tablishment during the revolutionary war, and who were entitled to military land bounties by the laws and resolutions of that State, their heirs and assigns, shall be, and they are hereby, authorized to surrender to the Secretary of the Treasury of the United States such of their warrants for the said land bounties as shall remain unsatisfied, in whole or in part, and to receive certificates or scrip for the same, at any time before the first day of January, in the year one thousand eight hundred and thirty-five, which certificates or scrip shall be issued by the said Secretary, and signed by him, and countersigned by the Commissioner of the General Land Office, in the following manner, that is to say: There shall be a separate certificate or scrip for such sum as shall, at the time of issuing the same, be equal to the then minimum price of each quantity of eighty acres of land due by such warrant, and remaining unsatisfied at the time of such surrender, and a like certificate or scrip for such sum as, at the time, shall be equal to the minimum price of the quantity that shall so remain unsatisfied, of any such warrant, after such subdivisions of the amount into quantities of eighty acres. And where any such warrant shall have been lost or mislaid, by time and accident, it shall and may be lawful for the party desiring to surrender the same to surrender an official copy thereof, certified under the seal of the land office of Virginia, with the affidavit of the party endorsed upon or accompanying the same, stating that such warrant has been lost or mislaid, and that the original hath not been sold or transferred, to the knowledge or belief of the party so surrendering, or his or her guardian. list of warrants is SEC. 2. And be it further enacted, That it shall be the duty Virginia to furnish of the Commissioner of the General Land Office to request sued. the Executive of Virginia to furnish him with a statement of all such warrants, within the purview of this act, as have already issued, showing the number and date of each warrant, and the quantity of acres granted by each, and also a monthly statement of the same description, showing the number, date, and quantity, of such warrants as shall hereafter be granted. And no warrant shall be taken to be within the provisions of this act which shall hereafter be granted, unless the Executive of Virginia shall cause a certificate to be endorsed thereon, signed by some proper officer, stating that the party to whom such warrant shall be so granted, his, her, or their ancestor or devisor, was entitled thereto by some law or resolution of the said State, in force at the time of the deed of cession, by the State of Virginia, to the United States. Certificate of nonlocation. Scrip receivable in payinent for public lands. Scrip to issue to original claimant. Description of persons entitled. SEC. 3. And be it further enacted, That before the Secretary of the Treasury shall issue the scrip required by the provisions of this bill, the applicants shall produce to him the certificate of the register of the land office in Kentucky, and the certificate of the surveyor of the military lands of the Virginia line, that the warrants (when the original is presented, or the copy, when the original has been lost or destroyed,) has not been located, surveyed, or patented, in Kentucky, attested by the seal of his office. SEC. 4. And be it further enacted, That the certificates or scrip to be issued by virtue of this act shall be receivable in payment for any lands hereafter to be purchased at private sale, after the same shall have been offered at public sale, and shall remain unsold, at any of the land offices of the United States, established, or to be established, in the States of Ohio, Indiana, and Illinois. And all such certificates or scrip as shall be issued by virtue of this act shall be assignable, by endorsement thereon, attested by two witnesses: Provided, That all certificates or scrip to be issued, in virtue of any warrant hereafter to be granted, shall be issued to the party originally entitled thereto, or his heir or heirs, devisee or devisees, as the case may be. SEC. 5. And be it further enacted, That the provisions of this act shall be deemed and taken to extend to all such officers, soldiers, sailors, marines, chaplains, musicians, surgeons, and surgeon's mates, in the land or sea service of the State of Virginia during the revolutionary war, and, generally, to every person to whom the State had engaged to pay a land bounty for services in that war, of any description, by any law or resolution passed before and in force at the date of the said deed of cession; except only such persons as are mentioned in, and provided for by, the reservation contained in the said deed of cession in favor of the officers and soldiers of the said State on continental establishment: ProLimitation of am't vided, That no scrip issued under the provisions of this act shall entitle the holder to enter or purchase any settled or occupied lands, without the written consent of such settlers or occupants as may be actually residing on said lands at the time the same shall be entered or applied for: And provided, also, That the amount of land thus located shall not exceed two hundred and sixty thousand acres. of scrip. This act to extend to claimants of U. States military bounty lands- SEC. 6. And be it further enacted, That the provisions of the first and fourth sections of this act shall extend to and embrace owners of military land warrants issued by the United States, in satisfaction of claims for bounty land for *See ante, chapter services during the revolutionary war; and that the laws heretofore enacted, providing for the issuing said warrants, are hereby revived and continued in force for two years. 376. And to the Virginia continental line. SEC. 7. And be it further enacted, That the provisions of this act shall also be deemed and taken to extend to all the unsatisfied warrants of the Virginia army on continental establishment: Provided, That the quantity thereof shall not |