Page images
PDF
EPUB

(ACT of July 1st, 1812.)

according to law, and reported to congress agreeably to the fourth section of the act, entitled "An act concerning the sale of the lands of the United States, and for other purposes," passed on the thirty-first day o March, one thousand eight hundred and eight, be, and they are hereby confirmed in their rights to land so claimed. And the register and receiver of public moneys for the district within which the lands may lie, are authorised and required to make out, to such claimant or claimants, entitled thereto by the provisions of this act, a certificate of confirmation; for each of which certificates the register and receiver shall, each, receive one dollar; directed to the commissioner of the general land office; and, if it shall appear to the satisfaction of the said commissioner that such certificates have been fairly obtained, according to the true intent and meaning of this act, then and in that case patents shall be granted in like manner as is provided by law for the other lands of the United States: Provided, That no person shall be entitled to the benefit of this act who shall not appear, by the report made to congress as aforesaid, or by the records of the boards of commissioners for the said territory, to have been a resident of said territory on the twenty-seventh day of October, one thousand seven hundred and ninety-five; nor shall any person be entitled to the benefit thereof who has received a donation grant from the United States: Provided also, That not more than six hundred and forty acres, shall by virtue of this act, be granted to any one claim.

SEC. I. Nothing in this act contained shall be construed to affect the decisions of the courts of justice in the said territory, heretofore made, respecting the claims, or any part thereof, em braced by the preceding section, or to prevent a judicial decision between the holder of a British patent, legally and fully executed and recorded with the register of the land office east or west of Pearl river, and the persons whose claims are confirmed by the preceding section, where such claims interfere. [Infra, 46.]

ACT of July 1, 1812. 4 Bioren, 461.

45. SEC. 1. The sale of the several tracts of public lands sold in the month of January, one thousand eight hundred and twelve, at the public sales, held under the superintendence of the register of the land office and the principal deputy surveyor of the western district of the territory of Orleans, (now state of Louisiana,) is hereby made good and valid, to all intents and purposes, any law to the contrary notwithstanding: And the purchasers of the said tracts shall, severally, on completing the payment of the purchase money, according to law, be entitled to receive a patent or patents for the lands so purchased and paid for, as in case of other lands sold by the United States; the first instalment of the purchase money shall be considered as due and payable at ten days after the

(ACT of February 27th, 1813.)

receiver of public moneys for the district within which the lands lie, shall have entered on the discharge of the duties of his office.

ACT of July 5, 1812. 4 Bioren, 470.

An act confirming grants to lands in the Mississippi territory, derived from the British government of West Florida, not subsequently regranted by the government of Spain or of the United States.

46. SEC. I. Citizens of the United States claiming lands in the Mississippi territory, by virtue of grants legally and fully executed, derived from the British government of West Florida, whose lands have not been subsequently regranted by the Spanish government, or claimed in right of donation or pre-emption certificates granted by the boards of commissioners east and west of Pearl river, and whose claims have been regularly filed according to law, with the proper register of the land office in the said territory, and are embraced in the report of the commissioners laid before congress, according to law, are hereby confirmed in their respective claims, according to the said grants: Provided, That nothing in any law of the United States shall be construed to prevent a judicial decision of controversies under the respective claims aforesaid.

ACT of February 27, 1813. 4 Bioren, 509.

An act giving further time for registering claims to lands in the eastern and western districts of the territory of Orleans, now state of Louisiana.

47. SEC. 1. Every person or persons claiming lands in the eastern or western district of the territory of Orleans, now state of Louisiana, who are actual settlers on the land which they claim, and whose claims have not been heretofore filed with the register of the land office for the district wherein the lands lie, shall be allowed until the first day of January next, to deliver notices in writing, and the written evidences of their claims, in the said districts, respectively, to the register of the land office at New Orleans and Opelousas; and the notices and evidences so delivered, within the time limited by this act, shall be recorded in the same manner, and on payment of the same fees, as if the same had been delivered before the first day of July, one thousand eight hundred and eight; but the rights of such persons as shall neglect so doing, within the time limited by this act, shall, so far as they are derived from, or founded on, any act of congress, ever after be barred and become void, and the evidences of their claims never after admitted as evidence in any court of the United States against any grant derived from the United States.

SEC. 11. Every person or persons who had filed his or their notice of claims to land lying within either of the said districts with the proper register of the land office, according to former laws, but have not exhibited any testimony or written evidence in sup

(ACT of March 3d, 1813.)

port of the same, and whose claim has not been confirmed by the commissioners appointed to ascertain and settle claims to lands in the said districts, shall be allowed until the first day of January next, to deliver the written evidence, or other testimony, in support of his or their claim, the notice of which had been filed as aforesaid, to the register of the land office at New Orleans, for lands lying in the eastern district, and the register of the land office at Opelousas, for lands lying in the western district; and every written evidence of claim, the notice whereof had been filed as aforesaid, for lands lying in the said districts, delivered, within the time limited by this section, to the said registers, shall, by them, respectively, be recorded in the same manner as was directed, and on receiving the same fees allowed, by former acts for recording evidence of claim to lands in the same districts; and the right of any such persons neglecting to deliver the evidence of their claims as abovementioned, shall become barred and void, in so far as the same is derived from the United States, and the evidence thereof be incapable of being admitted in any court whatsoever against any grant derived from the United States.

SECS. III. IV. V. [Assign to the register and receiver of public moneys the same powers and duties in relation to claims filed according to SEC. 1. as had been given to the commissioners if the claims had been filed before July 1, 1808, except that their decisions shall be subject to the revision of congress.]

ACT of March 3, 1813. 4 Bioren, 515.

An act allowing further time for delivering the evidence in support of claims to land in the territory of Missouri, and for regulating the donation grants therein.

48. SEC. 1. Every person or persons who had filed a notice of claim to any tract of land lying within the district of Louisiana (now territory of Missouri) with the recorder of land titles, according to law, and have not exhibited any testimony or written evidence in support of the same, and whose claim has not already been confirmed, shall be allowed until the first of January next, to deliver to the recorder of land titles for said territory the written evidence, or produce other testimony, in support of his or their claim, notice whereof had been filed as aforesaid; and the written evidence delivered to the said recorder within the time limited by this section, in support of claims filed as aforesaid, shall be by him recorded in the same manner, and on receiving the same fees allowed by former acts for recording written evidence of claims to lands in the said district; and the rights of any such person neglecting to deliver the evidence of their claims within the time abovementioned shall become barred and void, in so far as the same was derived from the United States, and the evidence thereof be incapable of being admitted in any court what

soever.

(ACT of March 3d, 1813.)

SECS. 11. and III. [Assign to the recorder of land titles the same powers and duties in relation to claims filed, as above, as had been given to the commissioners, &c. if such claims had been filed before July 1, 1808, except that his decision shall be subject to the revision of congress.]

SEC. IV. Every person whose claim to a donation of a tract of land in said district has been confirmed by the board of commissioners, appointed for ascertaining the rights of persons claiming lands in said district, and is embraced in their report transmitted to the secretary of the treasury, or which has been confirmed by the recorder of land titles, under the third section of the act, entitled "An act making further provision for settling the claims to land in the territory of Missouri," approved on the thirteenth of June, one thousand eight hundred and twelve, shall be entitled to a grant for six hundred and forty acres, notwithstanding a less quantity shall have been allowed to him by the decision of the said commissioners, or recorder of land titles: Provided, That in no case shall the grant be for more land than was claimed by the party in his notice of claim, nor for more land than is contained within the acknowledged and ascertained boundaries of the tract claimed.

SEC. V. The principal deputy surveyor for the said territory shall survey, or cause to be surveyed, under the direction of the surveyor general, a tract of six hundred and forty acres of land, to each claimant of a donation tract, whose claim has been confirmed as aforesaid, except as provided by the last preceding section, where the quantity claimed by the party was less than six hundred and forty acres, and where the ascertained boundaries of the tract claimed does not include six hundred and forty acres, in which cases the survey shall contain only the land claimed; and the tracts thus to be surveyed shall consist of unappropriated lands, and shall, in every case, contain the improved lands, by virtue of the settlement on, and cultivation of, which the claimant's right to a donation has been confirmed. And in all cases where, by reason of adjacent prior claims, or the contiguity of the improvements of the persons entitled to donation grants, each claimant cannot obtain a tract of six hundred and forty acres, the vacant lands applicable to the object shall be divided between the claimants, in such manner as shall appear to the principal deputy surveyor most equitable. And whenever plats of the surveys shall have been returned by the principal deputy surveyor to the office of the recorder of land titles, it shall be the duty of the recorder to issue, for each tract, according to the survey returned to him, a certificate in favour of the party, to each person entitled thereto, which shall be transmitted to the commissioner of the general land office. And if it shall appear to the satisfaction of the said commissioner that such certificate was fairly obtained, according to the true intent and meaning of this act, then, in that

(ACT of April 12th, 1814.)

case, patents shall be granted in like manner as is provided by law for other lands of the United States.

ACT of August 2, 1813. 4 Bioren, 631.

An act giving further time for registering claims to lands in the late district of Arkansaw, in the territory of Missouri, and for other purposes.

49. SEC. 1. Every person or persons claiming lands in the late district of Arkansaw, in the territory of Missouri, who are actual settlers on the land which they claim, and whose claims have not been heretofore filed with the recorder of land titles for the territory of Missouri, shall be allowed until the first day of January next, to deliver notices in writing, and the written evidence, of their claims, to the recorder of land titles in the territory aforesaid; and the notices and evidences so delivered, within the time limited by this act, shall be recorded in the same manner, and on payment of the same fees, as if the same had been delivered before the first day of July, one thousand eight hundred and eight; but the right of such persons as shall neglect so doing, within the time limited by this act, shall, so far as they are derived from, or founded on, any act of congress, ever after be barred and become void, and the evidences of their claims never after admitted as evidence in any claim of the United States against any grant derived from the United States.

SECS. II. and III. [Assign to the recorder of land titles the same powers and duties, in relation to claims filed as above, as had been given to the commissioners if the claims had been filed before July 1, 1808, except that his decisions shall be subject to the revision of congress.]

ACT of April 12, 1814. 4 Bioren, 680.

An act for the final adjustment of land titles, in the state of Louisiana, and territory of Missouri. [Infra, 61.]

50. SEC. I. Any person or persons, or the legal representatives of any person or persons, claiming lands in the state of Louisiana, or the territory of Missouri, by virtue of any incomplete French or Spanish grant or concession, or any warrant or order of survey, which was granted prior to the twentieth of December, one thousand eight hundred and three, for lands lying within that part of the state of Louisiana, which composed the late territory of Orleans, or which was granted for lands lying within the territory of Missouri, before the tenth day of March, one thousand eight hundred and four, and where the claimant or the person under whom he claims, were resident in the province of Louisiana, at the respective times aforesaid, or at the time the said concession, warrant, or order of survey was granted, and where claims have been filed with the proper register or recorder of land titles, according

« PreviousContinue »