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TWENTY-EIGHTH CONGRESS. Sess.II. Ch.25. 1845.

So much of the4th sec. of theact as requiresthe Sec . Treas.to select thelands grantedfor schools inthe Chickasawpurchase, re-pealed.

Proviso.

Governor ofAlabamaautho-rized to selectthe lands withintwo years.

What is requi-site to perfectthe selections.

1817, ch. 59.

Land to vest inAlabama , sub-ject to the uses,&c. of 16th sec-tions.

Gov. of Alaba-ma to notify theRegister of theLand Office ofhis selections.

fourth section of the act entitled “An act to carry into effect, in theStates of Alabama and Mississippi , the existing compacts with thoseStates with regard to the five per cent, fund and the school reservations,”as purports to require that a quantity of land, equal to the one thirty-sixth part of the lands lying within the State of Alabama , which weredisposed of, or directed to be disposed of, in and by the treaty betweenthe United States and the Chickasaw Indians, made and concluded atthe city of Washington, on the twenty-fourth day of May, one thousandeight hundred and thirty-four, shall be selected, under the direction ofthe Secretary of the Treasury, within any land district in said State ofAlabama , contiguous to said lands within said State so disposed of, &c.,by the said Chickasaws, as aforesaid, be, and the same is hereby, re-pealed : Provided, That nothing herein contained shall be so construedas in any wise to affect the validity and binding force of any such selec-tions as may heretofore have been made, in virtue of said fourth sec-tion, and sanctioned and accepted by the inhabitants of those surveyedtownships, respectively, for whom they may have been made, as an equi-valent and substitute for section number sixteen, within such surveyedtownship.

Sec. 2. And be it further enacted, That said lands, equal in quantityto one thirty-sixth part of the lands so, in virtue of said treaty, disposedof, &c., within said State of Alabama , (deducting therefrom such quan-tity, if any, as may have been selected, as aforesaid, under the authorityof said fourth section, and accepted, as aforesaid, in lieu of said sectionnumber sixteen, by the inhabitants of the proper surveyed township,)may be selected, under the direction of the Governor of Alabama , atany time within two years from the passing of this act, in sections, half-sections, quarter-sections, or previously defined fractions, out of any ofthe surveyed public lands, within any of the land districts in the States of Alabama or Mississippi , subject to sale at private sale, and not in anywise encumbered by any prior claim, lien, or reservation, as the Gover-nor of the said State of Alabama may direct. But the same selections,respectively, shall not he holden to have been perfected, until the same,as from time to time they shall have been made, shall have been reportedto the Commissioner of the General Land Office, together with proofs,taken in such manner as the Legislature of the State of Alabama shallprescribe, of the assent of the inhabitants of the surveyed townships,respectively, for whose benefit the same may have been selected; andthat the said inhabitants consent to and accept the same, in lieu of, andas a full equivalent for, the school section which, by the sixth sectionof the act entitled “An act to enable the people of the Alabama territoryto form a constitution and State government, and for the admission ofsuch State into the Union on an equal footing with the original States,”was guarantied to them.

Sec. 3. And be it further enacted, That when the land shall havebeen so as aforesaid selected and reported, and, as aforesaid, so acceptedby said inhabitants of said surveyed township, respectively, the sameshall vest in the State of Alabama , subject to the same disposition anduses, and shall be holden subject to the same conditions and terms, inall respects whatsoever, as, by the said sixth section of the act hereinabove referred to, were prescribed or intended in relation to sectionsnumber sixteen, within said State of Alabama . And it shall be compe-tent for the said Governor of Alabama , as from time to time such selec-tions may be made, and before they are perfected as aforesaid, to givenotice thereof to the register of the proper land office of the land dis-trict in which such selection may be made, in such form as the Com-missioner of the General Land Office shall prescribe; and, thereupon,the land so selected shall, during such convenient time as such Com-