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Where two or more settlers occupy 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 furlher 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 pur

pose, which register and receiver shall each be entitled to Assignments null receive fifty cents for his services therein. And that all as

signments and transfers of the right of pre-emption given by this act, prior to the issuance of patents, shall be null and void.

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, lande.

and void.

Public sale not to be delayed.

to

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.

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, 182, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 198, 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.)

war.

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

*See chapters 423,

412, 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 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.

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

lic lands,

sons 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 hin 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 Ken

tucky, attested by the seal of his office. Scrip receivable in Sec. 4. And be it further enacted, That the certificates payınent for pub

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: ProScrip to issue to

vided, That all certificates or scrip to be issued, in virtue of original claimant.

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. Description of per 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 sol.

diers of the said State on continental establishment: ProLimitation of am’ı vided, That no scrip issued under the provisions of this act of scrip

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 pro. vided, also, That the amount of land thus located shall not

exceed two hundred and sixty thousand acres. This act to extend Sec. 6. And be it further enacted, That the provisions of States military the first and fourth sections of this act shall extend to and bounty lands

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

to claimants of U.

heretofore enacted, providing for the issuing said warrants,

are hereby revived and continued in force for two years. And to the Virginia 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

376.

continental line.

exceed fifty thousand acres, in addition to the two hundred and sixty thousand acres heretofore authorized to be located by their State line.

Approved, May 30, 1830. .

[See Part II, Nos. 35, 43, 79, 115, 134, 136, 137, 236, 237, 365, 367, 370, 382, 414, 429, 434, 450, 455, 457, 458, 472, 495, 535, 543.)

CHAP. 403. -An act authorizing the county of Allen to purchase a portion of

the reservation including Fort Wayne.

ly,

Sec. I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the associate judges of the county of Allen, Site of Fort Wayne and State of Indiana, be, and they are hereby, authorized to sold 19 Allen cours enter, at minimum price, for the use and benefit of said county, so much of the forty acres reservation, including Fort Wayne, and reserved for the use of the Indian agency established there, as may not fall to the State of Indiana, under the act of the second day of March, one thousand eight hundred and twenty-seven, entitled “ An act to grant a certain quantity of land to the State of Indiana, for the purpose of aiding said State in opening a canal to connect the waters of the Wabash river with those of Lake Erie.”

Approved, May 31, 1830.

CHAP. 404.-An act for the benefit of schools in Lawrence county, Mississippi.

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That one section of the public lands subject to pri- Land granted for a vate entry and sale in the State of Mississippi be located for the use and benefits of schools in Lawrence county, in said State, in lieu of the sixteenth section sold and patented to Will Whitehead.

Sec. 2. And be it further enacted, That any person appointed by order of the probate court, in and for the county of Lawrence, be, and he is hereby, authorized to locate the quantity of land named in this act, for the purposes above named.

Approved, January 13, 1831.

CHAP. 405. -An act to extend the time for entering certain donation claims to

land in the Territory of Arkansas.

Sec. I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

to enter.

Donation rights to sembled, That the provisions of the eighth and ninth sections
iwo years allowed of the act of Congress approved twenty-fourth day of May,

one thousand eight hundred and twenty-eight, entitled "An
act to aid the State of Ohio in extending the Miami canal
from Dayton to Lake Erie, and to grant a quantity of land to
said State to aid in the construction of the canals authorized

by law, and for making donations of land to certain persons *See chap 374. in Arkansas Territory;"* and the provisions of the act en

titled “ An act restricting the location of certain land claims
in the Territory of Arkansas, and for other purposes," ap-

proved sixth January, one thousand eight hundred and twenSee chap. 375.

ty-nine ;t and, also, the provisions of the act entitled “ An
act to extend the time for locating certain donations in Ar-

kansas," approved thirteenth January, one thousand eight See chap. 384

hundred and thirty,I be, and the same are hereby, continued
in force for the period of two years from the twenty-fourth
May, one thousand eight hundred and thirty-one: Provided,
That nothing in this act, or the foregoing acts, shall be so
construed as to prevent the President of the United States
from bringing the said lands in Arkansas into market under
the existing laws; and all claims to donations under the be-
fore-recited act, which shall not have been presented and
allowed by the proper authorities on or before the day which
shall be fixed on by the President for the sale of said land,
are hereby declared forfeited to the United States.

Approved, January 27, 1831.

1

[See Part II, pages 527, 533.]

CHAP. 406.-An act further supplemental to the act entitled “ An act making

further provision for settling the claims to land in the Territory of Missouri,
passed the thirteenth day of June, one thousand eight hundred and twelve.

$Chapter 140

and

in

Sec. 1. Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asLots and commons sembled, That the United States do hereby relinquish to the granted to lowns villages

inhabitants of the several towns or villages of Portage des Missouri.

Sioux, Saint Charles, Saint Louis, Saint Ferdinand, Villa a
Robert, Carondelet, Saint Genevieve, New Madrid, New
Bourbon, and Little Prairie, in the State of Missouri, all the
right, title, and interest, of the United States, in and to the
town or village lots, out-lots, common field lots, and com-
mons, in, adjoining, and belonging to, the said towns or vil-
lages, confirmed to them, respectively, by the first section of
the act of Congress entitled “ An act making further pro-
vision for settling the claims to land in the Territory of Mis-
souri,” passed the thirteenth day of June, one thousand eight
hundred and twelve, to be held by the inhabitants of the said
towns and villages, in full property, according to their seve-
ral rights therein, to be regulated or disposed of for the use

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