The words of the 10th section of the preemption act, passed 21st December 1784 (2 Dali. St. Daws, 235) are express, that no one shall be entitled to pre-emption of the Pine Creek lands, unless application for the same be made, and the consideration thereof tendered to the receiver general on or before the 1st November 1785.

Under the circumstances of this case judgment must be entered for the plaintiff.