Chapter XXVIII. *giving the right of pre-emption, in the purchase of lands, to certain settlers in the states of Alabama, Mississippi, and territory of Florida.*(*b*)(*b*) See notes to the act of May 8, 1822, ch. 129, April 22, 1826. *Be it enacted by the Senate and House of Representatives of the United States of
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Chap. XXVIII.— An Act *giving the right of pre-emption, in the purchase of lands, to certain settlers in the states of Alabama, Mississippi, and territory of Florida.*(*b*)(*b*) See notes to the act of May 8, 1822, ch. 129, April 22, 1826. *Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, * Any person, &c., who, on or before Jan. 1, 1825, cultivated, &c. a tract of land in Florida, &c., shall be entitled to the pre-emption in the purchase thereof, under the act of Feb. 5, 1813, ch. 20.
That every person, or the legal representatives of any person, who, being either the head of a family, or twenty-one years of age, did, on or before the first day of January, in the year one thousand eight hundred and twenty-five, actually inhabit and cultivate a tract of land situated in the territory of Florida, which tract is not rightfully claimed by any other person, and who shall not have removed from the said territory, shall be entitled to the right of pre-emption in the purchase thereof, under the same terms, restrictions, conditions, provisions and regulations, in every respect, as are directed by the NINETEENTH CONGRESS.
Sess. I. Ch. 28. 1826. 155 act, entitled “An act giving the right of pre-emption, in the purchase ofAct of Feb. 5, 1813, ch. 20. lands, to certain settlers in the Illinois territory,” passed February the fifth, one thousand eight hundred and thirteen: *Provided,* That no personProviso. shall be entitled to the provisions of this section, who claims any tract of land in said territory, by virtue of a confirmation of the commissioners, or by virtue of any act of Congress. Sec. 2. *And be it further enacted, *That any person, or the legal representativesAny person, &c., settled on a fractional quarter section, to have the privi lege of purchasing an adjoining one. of any person, entitled to a preference in becoming the purchaser of a tract of land at private sale, according to the provisions of this act, who is settled on a fractional quarter section, shall have the privilege of purchasing an adjoining quarter section, or the fractional quarter section, improved by them, at their option.
Sec. 3. *And be it further enacted, *That, in cases where two or moreWhere two or more persons have the right or pre-emption. persons entitled to the right of pre-emption shall be settled on one quarter, or fractional quarter section of land, they shall be authorized to purchase one or more quarter sections, which, with the quarter section, or fractional quarter upon which such persons are settled, shall be equally divided between them, in such manner as the register and receiver shall direct, so as to secure, as far as may be practicable, to each person, their improvements, respectively: *Provided,* That in no instance shall anyProviso. person be entitled to a preference in the purchase for more than one quarter section of land, in addition to his portion of the fractional quarter section on which he is settled.
Sec. 4. *And be it further enacted, *That any person, or persons, whoAny person settled on, &c., any of the school lands, shall have the right of preemption, &c. have settled on and improved any of the lands in the said territory, reserved for the use of schools, and who would have had the right of preemption thereto by this law, had not the same been so reserved, shall have the right of pre-emption under the same terms and conditions, and subject to the same restrictions, provided for in other cases of a right of pre-emption in said territory to a quarter section of unappropriated lands in the same township, and as near adjacent as lands of like quantity can be obtained.
Sec. 5. *And be it further enacted, *That every person, or his or her legalRight of preemption, &c., to certain persons. representative, comprised in the list of actual settlers, reported to the commissioner of the general land office, by the register and receiver for the district of Jackson Courthouse, in the state of Mississippi, under the authority of an act of Congress, entitled “An act for adjusting the claims to land, and establishing land offices in the districts east of the Island ofAct of March 3, 1819, ch. 99.
New Orleans,” approved the third day of March, one thousand eight hundred and nineteen, not having any written evidence of claim to land, in said district, and who, on the third day of March, one thousand eight hundred and nineteen, did actually inhabit and cultivate a tract of land in said district, not claimed by virtue of any written evidence of claim, legally derived from either the French, British, or Spanish governments, or granted as a donation by virtue of any act of Congress heretofore passed, shall be entitled to a right of preference, on becoming the purchaser from the United States of such tract of land, at the same price for which other public lands are sold at private sale: *Provided,* That suchProviso. tract of land shall not contain more than one hundred and sixty acres, to be located by sectional lines, and that the same shall be duly entered with the register of the proper office, within the term of two years, or before, if the same shall be offered at public sale: *And provided also,*Proviso.
Where any person is settled on, and has improved any school lands in said district, he, she or they, shall be governed by the provisions of the fourth section of this act. Approved, April 22, 1826.