V BANCROFT LIBRARY LAWS OF THE UNITED STATES OF A LOCAL OR TEMPORARY CHARACTER, AND EXHIBITING THE ENTIRE LEGISLATION OF CONGRESS UPON WHICH THE PUBLIC LAND TITLES IN EACH STATE AND TERRITORY HAVE DEPENDED. December 1, 188O. EMBRACING, ALSO, A DIGEST OF ALL INDIAN TREATIES AFFECTING THE TITLES TO PUBLIC LANDS ; AN ABSTRACT OF THE AUTHORITY FOR, AND THE BOUNDARIES OF, THE EXISTING MILITARY RESERVA- TIONS; AND A TABLE OF JUDICIAL AND EXECUTIVE DECISIONS AFFECTING THE VARIOUS SUBJECTS ARISING UNDER THE PUBLIC LAND SYSTEM. VOLUME I. Prepared pursuant to the authority of an act of Congress and under the direction of the "Commission on the Codification of existing laws relating to the survey and disposition of the puhlic domain." WASHINGTON: GOVERNMENT PRINTING OFFICE. 1880. / y \ CHAMPION CCESSI PREFACE. This work was prepared by the Codification Committee of the Public Land Commission, which was created by an act of Congress approved March 3, 1879 (Statutes at Large, vol. 20, p. 394), and continued by an act of Congress approved June 16, 1880 (Statutes at Large, vol. 21, p. 245). It contains in chronological order, in each State and Territory con- nected at any time with the public land system, the entire legislation of Congress of a local or temporary character, and upon which the land titles of such State or Territory have depended. For convenient use the work has been published in two volumes. A series of consecutive numbers has been prefixed to the laws through both volumes ; and by proper notation of such numbers in foot notes, each act is connected with all other acts upon the same subject. Where the same legislation runs equally through more than one State or Terri- tory it is published complete in one, and appropriate references are made in the other. It contains, also, a digest of all Indian Treaties affecting the titles to public lands ; a list of all existing military reservations, with the author- ity therefor and the boundaries thereof j and a copious citation of cases, wherein, by subject-matter, the leading decisions of the Federal and the State courts and of the United States executive officers upon public land questions may be readily referred to. The existing legislation of a general and permanent character has been omitted from this book. The same appears in another volume, wherein a codification of such legislation is furnished as it exists on the 1st of December, 1880. iii CONTENTS. Page. I. CITATION OF JUDICIAL AND EXECUTIVE DECISIONS vii-lxiii II. ACTS OF CONGRESS LOCAL OR TEMPORARY IN THEIR NATURE: ALABAMA 595 ARIZONA TERRITORY 979 ARKANSAS 488 CALIFORNIA 1019 COLORADO 952 DAKOTA TERRITORY 826 FLORIDA 655 IDAHO TERRITORY 846 ILLINOIS 144 INDIANA > 96 INDIAN TERRITORY 702 IOWA 747 KANSAS 849 LOUISIANA 295 MICHIGAN 187 MINNESOTA 782 MISSISSIPPI 526 MISSOURI 409 MONTANA TERRITORY 841 NEBRASKA 897 NEVADA 1081 NEW MEXICO TERRITORY 940 OHIO 1 OREGON 983 TENNESSEE 1091 TEXAS 1099 UTAH TERRITORY 971 WASHINGTON TERRITORY 1008 WISCONSIN 249 WYOMING TERRITORY 835 III. MISCELLANEOUS ACTS 1102 IV. MILITARY RESERVATIONS 1171 V. DIGEST OF INDIAN TREATIES 1185 VI. INDEX.. CITATION JUDICIAL AND EXECUTIVE DECISIONS Upon the various subjects connected with, and springing from, the public land system. ABANDONMENT When authorized : Taylor's lessee v. Myers, 9 Wheat. 23. Com'r G. L. O., circular. Feb. 26. 1867, Zab. L. L. 400. What constitutes : United States v. Simon, 12 How. 433. Fuentes v. United States, 22 How. 443. Hall v. Russell, 11 Otto, 503. Page v. Scheible, 11 Mo. 109. Landers v. Perkins, 12 Mo. 238. Barado v. Blumentbal, 20 Mo. 162. Tayon v. Laden, 33 Mo. 205. Clark v. Hammerle, 36 Mo. 620. Atchison v. Peterson, 1 Montana, 561. Plume v. Seward, 4 Cal. 94. Davis v. Butler, 6 Cal. 510. Stephens v. Mansfield, 11 Cal. 363. Waring v. Crow, 11 Cal. 366. Gluckauf v. Heed. 22 Cal. 468. Richardson v. McNulty, 24 Cal. 339. St. John v. Kidd, 26 Cal. 264. Depuy v. Williams, 26 Cal. 309. Davis v. Perley, 30 Cal. 630. Davis v. Gale, 32 Cal. 26. Bell v. The Bed Rock Tunnel and Mg. Co., 36 Cal. 214. Judson v. Mallon, 40 Cal. 300. McLean v. Benton, 43 Cal. 467. Strang v. Byan, 46 Cal. 33. Stone v. The G-eyser Q. M. Co., 52 CaL 315. Mallett v. Uncle Sam Mg. Co.. 1 Nev. 188. Weill v. Lucerne Mg. Co., 11 Nev. 200. Secretary Interior, Dungan v. Griflen's heirs, April 18, 1872. Copp's L. L. 254. Secretary Interior, Seay v. Shelleto, Dec. 10, 1872, Copp's L. L.258. Secretary Interior, Dorame v. Towers, Dec. 4, 1875, 2 Copp's L. O. 131. Secretary Interior, Smith et al. v. Vanclief et al., March 4, 1879, 6 Copp's L. O. 2. Effect of: Minter v. Crommelin, 18 How. 87. Wilcoon v. Rogers, 16 La. 6. Wynu v. Morris, 16 Ark. 414. Fine v. St Louis, 23 Mo. 520. Atkins v. Hendrie, 1 Idaho, 107. Murley v. Ennis, a Colo. 300. Davis "v. Butler, 6 Cal. 510. Ferris v. Craver, 10 Cal. 589. Merritt v. Judd, 14 Cal. 60. Gluckauf v. Reed, 22 Cal. 468. Davis v. Gale, 32 Cal. 26. Lechler v. Chapin, 12 Nev. 65. Secretary Interior, ex parte Winslow et al., April 24. 1856, 1 Lester, 351. Secretary Interior, Boyd v. B. & M. R. R. R., April 28, 1871, Copp's L. L. 392. Secretary Interior, ex parte Hays, May 8, 1876, 3 Copp's L. O. 21. ABANDONMENT Continued. E/ectof: Secretary Interior, Ayers et al. v. Daly et al., Jan. 3, 1877, 3 Copp's L. O. 196. Secretary Interior, Empire Mg.Co. et al. v. Bullion Mg. Co. et al., May 22, 1878, 5 Copp's L. O. 50. Secretary Interior, France et al. v. Harring- ton, June 29, 1878, 5 Copp's L. O. 66. Com'r G. L. O., Mette v. State of California, Oct. 18, 1678, 5 Copp's L. O. 164. ALIENS Fairfax's devisee v. Hunter's devisee, 7 Cranch, 603. Craig et al. v. Bradford, 3 Wheat. 594. Governeur's heirs v. Robertson, 11 Wheat. 332. Board . Rowan, 9 Pet. 301. Cross v. DeValle, 1 Wall. 1. United States v. Repentigny, 5 Wall 211. Osterman v. Baldwin, 6 Wall. 116. Phillips et al. v. Moore, 10 Otto, 208. Hammekin v. Clayton, 2 Woods, C. C. 336. Etheridge v. Doe ex dem. Malesspie, 18 Ala. 565. Wynn v. Morris, 16 Ark. 414. People v. Folsom, 5 Cal. 373. Mitchell v. Hargood, 6 Cal. 148. Merle v. Mathews, 26 Cal. 456. Burrell v. Haw, 48 Cal. 223. Golden Fleece Co. v. The Cable Co., 12 Nev. 312. Courtney v. Turner, 12 Nev. 345. Blakesly v. Cay wood, 4 Oreg. 279. Territory of Montana v. Lee, 2 Montana, 124. 3 Op. Att. Gen. 90 ; 5 id. 551 ; 7 id. 351 ; Aug. 6, 1875. Secretary Interior, Galena Mg. Co. v. Hus- sey et al., Jan. 2, 1875, 1 Copp's L. 0. 178. Secretary Interior, ex parte Mooney etal, July 29, 1876, 3 Copp's L. 0. 68. Secretary Interior, Lawless v. Anderson, March 8, 1877, 4 Copp's L. O. 52. Secretary Interior, Dallas v. White, July 25, 1878, 5 Copp's L. O. 82. Secretary Interior, Marleyhan v. C. & O. R. R., Feb. 13. 1878, 7 Copp's L. O. 67. Com'r G. L. O., circular, Nov. 7, 1871, Copp's L. L. 405. Com'r G. L. O., ex parte B. N. Sanford et al., Sept. 7, 1874, 1 Copp's L. O. 98. Com'r G. L. O., McBean v. Owen et al., Oct. 14, 1874, 1 Copp's L. 0. 130. Com'r G. L. O., Dougherty v. C. & O. R. R. Co., Sept. 14, 1874, 1 Copp's L. 0. 140. Com'r G. L. O., ex parte Sprenger, March 28, 1873, 2 Copp's L. O. 57. Com'r G. L. O., Beckner v. Coates, April 24, 1876, 3 Copp's L. 0. 18. vm CITATION OF DECISIONS. ALIENS Continued. Com'r G. L. O., exparte Wood et al., July 18, 1876, 3 Copp's L. O. 9. Com'r G. L. O., ex parte Seely, April 20, 1877, 4 Copp's L. O. 4L Com'r (Jr. L. O., ex parte Hay, Aug. 1-. 1-77. 4 Copp's L. 0. 107. Com'r O. L. O.. ex parte Hill, Jan. 29, 1879, 5 Copp's L. 0. 179. Com r G. L. O., Gower r. S. P. R. R., April 4, 1679, G Copp's L. O. 1-24. Com'r G. L. O., ex parte Lindenmeir, June 2J. Ie70, 7 Copp's L. 0. 25. ASSIGNMENT Certificate* of deposit : Com'r G. i-. O., ex parte Baca, Sept 10, 1874, Copp'a L. L. 700. Com'r G. L. O., exparte Wright, Dec. 4, 1875, 2 Copp's L. 0. 151. Com'r G. L. O., circular, June 27, 1879, 6 Copp's L. O. 77. Com'r G. L. O., circular, March 5, 1680, 7 Copp's L. 0. 7. Coal land entry: Com'r G. L. O., circular, April 15, 1873, Copp's L. L. 667. Desert land entry : Secretary Interior, instructions, April 15, 1880, 7 Copp's L. O. 26 Com'r G. L. O., Oct. 1, 1878. Donation : Co wen v. Kutsworth, 21 Ark. 9. Foreign grant : Bissell v. Penrose. 8 How. 317. United States v. Grimes, 2 Black, 610. Hogan v. Page, 2 Wall. 605. NoulJen v. 1'erkins, 3 Rob. (La.) 233. Jenkins v. Noel, 3 Stewart (Ala.) 60. Papin v. Massey. 27 Mo. 445. 2 L. I. & O. 710/740, 741. Secretary Treasury, instructions, Oct. 25, 1808, 2 L. I. (fcO.696. Secretary Interior, ex parte Lynde, Aug. 4, 1B75, Copp's L. L. 796. Secretary Interior, ex parte Wendler, Jan. 15, 1877, 3 Copp's L. O. 105. Com'r G. L. O., ex parte Valentine, June 17, 1874, Copp's L. L. 806. Com'r G. L. O., circular, Sept 15, 1875, 2 Copp's L. 0. 102. Com'r G. L. O., exparteWherrey et al., May 1, 1676, 3 Copp's L.O. 133. Com'r G. L. O., circular, Feb. 13, 1879, 5 Copp's L. 0. 181. Com'r G. L. O., instructions, June 22, 1880, 7 Copp's L. 0. 57. O-raduation entry : Com'r G. L. O., ex parte Hannah, Oct. 13, 1875. Homesteads : Watson v. Torhees, 14 Kans. 328. Dawson v. Menille, 2 Neb. 119. Cheney v. White, 5 Neb. 261. Jones v. Yackman, 7 Neb. 419. Kirkaldie v. Larrabee, 31 Cal. 456. Com'r G. L. O., circular, April 4, 1877, 3 Copp's L. 0. 23 ; 4 id. 35. Com'r G. L. O., ex parte Kissack, Feb. 19, 18SO, 6 Copp's L. O. Ie9. Indian scrip : Dole v. Wilson, 20 Minn. 356. Cunningham v. Ashley, 12 Ark. 296. Land warrants: Lewis r. Baird, 3 McLean, C.C. 56. Me Arthur r. Gallop, 7 Ohio, 412. Duke v. Thompson, 16 Ohio, 34. Mock . Brammer, 28 Ohio St 508. Dyke v. McVey, 16 Ills. 41. Nichols v. Nichols, 3 Pinney (Wis.) 174. Stephenson v. Wilson, 37 Wis. 462. Johnson v. Gilfillan, 8 Minn. 395. Fort F. Wilson, 3 Iowa. 153. Dnpee v. McCright, 6 La, Ann. 146. 1 Op. Att. Gen. 326; 2 id. 26, 56, 276, 365 : 7 id. 657. Secretary Interior, ex parte Smith, April 12, Ifc55, 1 Lester, 614. Secretary Interior, instructions, May 21, 1856, 1'Lester, 616. ASSIGNMENT Continued. Land warrants : Secretary Interior, instructions, Aug. 10, 1656, l" Lester, 619. Secretary Interior, ex parte Woodman, March 25, 159, 1 Lester, 6^0. Secretary Interior, Aug. 27, 1861, Zab. L. L. 363. Secretary Interior, ex parte Widdecombe, Sept. 30, 1878, 1 Copp's L. 0. 127. Com'r G. L, O., circular, Juno C, 1674, 1 Les- ter, 576. ' Com'r G. L. O., circular, March 23, 1652, 1 Lester, 585. Com'r G. L. O., circular, April 2, 1852, 1 Les- ter, 5r9. Com'r G. L. O., circular, Oct 14, 1852, 1 Les- ter, 591. Com'r G. L. O., circular, May 3, 1855, 1 Lea- ter, 598. Com'r G. L. O., circular, Nov. 1. 1858, 1 Les- ter, 607. Com'r G. L. O., instructions, Oct 17, 1853, Zab. L. L. 332. Com'r G. L. O., instructions, May 3, 1855, Zab. L. L. 343. Corn'rG. L. O., circular, July 20, 1875, Copp's L.L.727. Com'r G. L. O., circular, July 20, 1875, Copp's L. L. 742. Patent: McArthur v. Phosbus, 2 Ohio, 416. Reeder v. Barr, 4 Ohio, 449. Wallace v. Minnis, 7 Ohio, 249. Smith v. Stark, 7 Ohio, 551. Bromer v. Ware, 10 Ohio, 465. Bell v. Duncan, 11 Ohio, 192. V aters v. Bush, 42 Iowa, 255. Hellam v. Minor, 12 La. Ann. 124. Thomas v. Wyatt, 31 Mo. 188. Allen v. King* 34 Mo. 216. 1 Op. Att Gen. 191 ; 2 id. 276. Secretary Treasury, instructions, Dec. 6, 1802, 2 L. I. & O. 231. Secretary Interior, instructions, Aug. 30, 1855, rLester, 351. Secretary Interior, Whitaker v. S. P. R. R. July 27. 1880, 7 Copp's L. O. 5. Possessory claim : Hall v. Russell, 11 Otto, 503. Spry v. Sleppy, 15 Iowa, 409. Pelham p. Wi 'ilson, 4 Ark. 289. Houseman . Chase, 12 Cal. 290. McGarrity v. Byington, 12 Cal. 431. Pre-emption : Marks v. Dickson, 20 How. 501. Myers v. Croft, 13 Wall.i291. Kellam v. Easby, 1 Dillon, C. C. 281. Carr t>. Allison, 5 Blackf. (Ind.) 63. Doe v. Hayes, 1 Ind. 247. Riggs v. Cook, 8 Ills. 3:J6. Delauney v. Burnett, 9 His. 454. Morehouse v. Phelps, 18 Ills. 472. Bobbins v. Bunn, 54 Ills. 48. Dillingham v. Fisher, 5 Wis. 475. Spaldmg v. Wood, 8 Wis. 195. Camp v. Smith, 2 Minn. 155. The St. Peter's Co. v. Bunker, 5 Minn. 192. Evans v. Fulsom, 5 Minn. 422. Bruggerman v. Peter, 7 Minn. 337. Randall v. Edert, 7 Minn. 450. McCue v. Smith, 9 Minn. 252. Ferguson v. Kumler. II Minn. 104. Woodbury v. Dorman, 15 Minn. 338. Jones v. Taniter, 15 Minn. 512. Marshall v. Bush, Morris (Iowa), 275. Cullen v. Riley, 7 Iowa, 517. Strong v. Rachal, 16 La. 232. Marks v. Dickson, 10 La. Ann. 597. Richardson v. Enswiller, 14 JA. Ann. 658. McElyea v. Hayter, 2 Porter (Ala.) 148. Cnrdoff v. Onus, 7 Porter (Ala.) 58. Mann v. Brisen et al., 4 Ala. 731. Hudson v. Milner, 12 Ala. 667. Tempson r. Martin, 13 Ala. 21. Paulding v. Grimby, 10 Mo. 135. Bray v. Roysdale, 53 Mo. 170. McKean v. Crawford, 6 Kans. 112. McKean v. Massey, 6 Kans. 122. CITATION OF DECISIONS. IX ASSIGNMENT Continued. Pre emption : Stout v. Hyatt, 13 Kans. 232. Towsley v. Johnson, 1 Neb. 95. Franklin v. Kelly. 2 Neb. 79. Tartar v. Hall, 3 Cal. 2C3. "Whitney v. Buckmun, 13 Cal. 536. Quinn v. Kenyon, 38 Cal. 499. Kenyon v. Quinn, 41 Cal. 325. Moore v. Berse, 43 Cal. 51 1. McDonald t>. Edmunds, 44 Cal. 328. Thurston v. Alva, 45 Cal. 16. Hudson v. Johnson, 45 Cal. 21. Hurton v. Walker, 47 Cal. 484. Bull v. Shaw. 48 Cal. -155. Douglass v. Gould, 52 Cal. 656. Rose v. Treadway. 4 Ncv. 455. Tread way v. Wilder, 8 Nev. 91. 3 Op. Att, Gen. 91. Secretary Interior, Patten v. Burwell. Nov. 29, 1855, 1 Lester, 384. Secretary Interior, Johnson v. Denny, Sept. 22, 1859, 1 Lester, 392. Secretary Interior, exparte Huggins, Dec. 27, 1858, 1 Lester, 484. Secretary Interior, circular, May 23, 1856, 1 Lester, 607. Secretary Interior, May 21, 1856, 1 Lester, 616. Secretary Interior, ex parte Woodman, March 25, 1859, 1 Lester, 620. Secretary Interior, Heusley v. Ayers, April 27, 1876, 3 Copp's L. O. 53. Secretary Interior, Wbitaker v. S. P. R. R., July 27, 1880, 7 Copp's L. O. 85. Com'r G. L. O., instructions, March 9, 1835, 2 L. I. & O. 605. Com'r G. L. O., instructions, July 3, 1838, 2 L. I. & O. 1026. Com'r G. L. O., instructions, Sept. 28, 1842, 1 Lester, 368. Com'r G. L. O., circular, Aug. 31, 1830, 1 Lester, 667, note. Private entry : Cupps v. Irwin, 2 Blackf . (Ind.) 183. Hawkins v. Johnson, 4 Blackf. (Ind.) 21. Clark v. Hill, 19 Mich. 356. Warburton v. Maddox, Morris (Iowa), 367. Silliinau v. King, 36 Iowa. 207. Burdick v. Wentworth, 42 Iowa, 440. Goodlet v. Smithson, 5 Porter (Ala.) 245. Wright v. Swann, 6 Porter (Ala.) 84. Stone v. Young, 5 Kans. 229. Snow v. Ferrea, 45 Cal. 195. Purchasers at public sale : Secretary Treasury, exparte Stewart et al, July 16, 18o3, 2 L. I. & O. 233. Secretary Treasury, circular, July 5, 1805, 2 L. I. & O. 257. Secretary Treasury, circular, Jan. 13, 1808, 2 L. I. & 0. 269. Secretary Treasury, circular, May 5, 1821, 2 L. !.'& O. 307. Secretary Treasury, circular, May 25, 1831, 2 L. I. & O. 446. Secretary Interior, ex parte Pease, July 24, 1852, 1 Lester, 672. Secretary Interior, ex parte Wright, June 26, 1879, 6 Copp's L. O. 96. Secretary Interior, ex parte Benton, June 26, 1879, 6 Copp's L. O. 96. Com'r G. L. O., instructions, April 17, 1837, 2 L. I. & O. 647. Com'r G. L. O., instructions, Oct. 15, 1829, 2 L. I. & 0. 740. School-land warrants : Smith v. Minor, 5 Wis. 551. Bull v. Shepherd, 7 Wis. 449. Smith v. Clark, 7 Wis. 551. Whitney v. State Bank, 7 Wis. 620. Mowry v. Wood, 12 Wis. 413. Dodge v. Silverthorn, 12 Wis. 644. Jarvis v. Dutcher, 16 Wis. 307. Scrip: Com'r G. L. O., instructions, June 21, 1834, 2 L. I. & O. 4<>6. BELLEVIEW, CITY OF Com'r G. L. O., instructions, Aug. 9, 1836, 2 L. I. & O. 963. BELLEVIEW, CITY OF Continued. Com'r G. L. O , instructions, March 23, 1837, 2 L. I. & O. 977. BENICIA. CITY OF Futher v. City of Benicia, 3f. Cal. 562. Carroll v. City of Benicia, 40 Cal. 386. BISMARCK, CITY OF Secretary Interior, Hackett v. City of Bis- marck', July 26, 1876. BONHOMME, PIEI1RE- Claim of: 2 Op. Att. Gen. 207. BRIDGES - United States v. M. & St. P. R. R. Co., 5 Bis- sell, C. C. 410. The Clinton Bridge, 1 Woolw. C. C. 150. BURLINGTON, CITY OF Cook v. City of Burlington, 30 Iowa, 94. Com'r G. L. O., instructions, Aug. 9, 1836, 2 L. I. & O. 963. Com'r G. L. O., instructions, March 23, 1837, 2 L. I. & O. 977. CALIFORNIA Confirmation of land titles in. by act of July 23, 1866: Huff v. Doyle, 3 Otto, 558. Tolaud v. Mandell, 38 Cal. 371. Collins v. Bartlett, 44 Cal. 371. Foscalina v. Doyle, 47 Cal. 438. Buhne v. Chism, 48 Cal. 467. Chant v. Reynolds, 49 Cal. 213. Kaiser v. McLaughlin, 49 Cal. 449. Huff t>. Doyle, 50 Cal. 16. Thompson v. Thornton, 50 Cal. 142. Laugulin v. McGarvey, 50 Cal. 169. Sacramento Savings Bank v. Hyrns, 50 Cal. 195. Sutton v. Fassett, 51 Cal. 12. Rutledge v. Murphy, 5L Cal. 389. Wilkinson v. Merrill, 52 Cal. 424. Op. Att. Gen., March 4, 1878. Secretary Interior, States. HaleefaJ., April 8, 1872, Copp's L. L 324. Secretary Interior, ex parte Brown, April 18, 1872, Copp's L. L. 446. Secretary Interior, Dec. 5, 1871, Copp's L. L. 461. Secretary Interior, ex parte Buhne, April 21, 1873, Copp's L. L. 465. Secretary Interior, Rank o. Luce, June 22, 1873, Copp's L. L. 465. Secretary Interior, State v. Howard, June 4, 1872, Copp's L. L. 467. Secretary Interior, Hyatt v. Smith, Dec. 19, 1872, Copp's L. L. 469. Secretary Interior, Alexander v. C. & O. R. R., April 13, 1872, Copp's L. L. 469. Secretary Interior, ex parte White, Aug. 18, 1874, Copp's L. L. 469. Secretary Interior, Bascoin v. Davis, Sep- tember 19, 1873,Copp'sL. L. 469 ; 1 Copp s L O. 52. Secretary Interior, Wilson v. C. & O. R. R , Feb. 17, 1873, Copp's L. L. 471. Secretary Interior, Dibble ?>. C. & O. R. R., Dec. 24, 1874, Copp's L. L. 472, Secretary Interior, Davis v. McClay, Dec. 16, 1873, 1 Copp's L. O. 6. Secretary Interior, C. P. R. R. v. State, Dec. 21, 1877, 4 Copp's L. 0. 150. Secretary Interior, Wallace v. State, Dec. 28, 1877, 5 Copp's L. O. 22. Secretary Interior, Dal las v. White, July 25, 1878, 5 Copp's L. O. 83. Secretary Interior, f.x parte- More's heirs, July 25, 1878, 5 Copp's L. O. 67. Secretary Interior, ex parte Nichols, Nov. 1, 1878, 5 Copp's L. O. 151. Secretary Interior, ex parte State, Dec. 12, 1878, 6 Copp's L. O. 29. Secretary Interior, Kile v. Tubbs, July 15, 1879, 6' Copp's L. O. 108. Secretary Interior, Watson v. State, Jan. 28, 1880, 6 Copp's L. O. 193. Secretary Interior, Stater. C. P. R. R., Juno 26, 1879, 7 Copp's L. O. 119. Secretary Interior, University v. White, Jan. 10, 1878. Secretary Interior, State r. Bell & Weeks, Jan. 4, 1872. CITATION OF DECISIONS. CALIFORNIA- Continued. Confirmation of land titles in, by act of July 23, Coni'r G. L. O., Wheeler et al. v. Cadotte, April 20, 1867, Zab. L. L. 401. Com'r G. L. O., instructions, Sept. 13, 1866, Zab. L. L. 608. Com'r G. L. O, circular, Sept 13, 1866, Coup's L. L. 450. ComV G. L. O., circular, March 18, 1870, Copp's L. L. 452. Com'r G. L. O., State v. Townsend et aL, Nov. 1, 1875, 2 Copp's L. 0. 116. Com'r G. L. O., Zuck v. Brinson, Dec. 29, 1879, 6 Copp's L. 0. 174. CANADIAN REFUGEES AND VOLUN- TEERS- French and wife's lessee v. Spencer, 21 How. 228. 1 Op. Att. Gen., 326, 424 ; 2 id. 341 ; 2 L. I. & 0. 160. Secretary Treasury, instructions, March 17, 1801, 2 L. L l. City of Carondelet ? . City of St Louis, 29 Mo. r,-,>7. Funklionser v. Hantz. 29 Mo. 540. Bar TV v. Bliimenthal, H2 Mo. 29. Shepley v. Cowan, 52 Mo. 559. CERTIFICATES OF DEPOSIT FOR SUR- VEYS Secretary Treasury, circular, Jan. 21, 1874, Copp's L. L. 781. Secretary Interior, ex parte Sanchez, June 1. 1-74. 1 Copp's L. O. 35. Secretary Interior,^ parte Sprowl, Sept. 22, 1677, 4 Copp's L. 0. 116. Com'r G. L. O., circular, May 6, 1871, Copp's L. L. 756. Com'rG. L. O., circular, Feb.25, 1873, Copp's L. L. 758. Com'r G. L. O , ex parte Baca et al., Sept. 10, 1874, Copp's L. L. 760. Com'r G. L. O., ex parte Mendenhall, Dec. 2, 1875, 2 Copp's L. 0. 135. Com'r G. L. O., ex parte Wright, Dec. 4, 1875, 2 Copp's L. 0. 151. Com'r G. L O., circular, June 27, 1879, 6 Copp's L. 0. 77. Com'r G. L. O.. circular, March 5, 1880, 7 Copp's L. 0. 7. CERTIFIED COPIES Com'rG. L. O., circular, July 20,1 S75,Copp's L. L. 824. CESSION, CONQUEST, AND DISCOVERY Johnson &. Graham's lessee v. Mclntosh, 8 Wheat. 543. American Ins. Co. v. Canter, 1 Pet. 511. Soulard v. United States, 4 Pet. 511. Martin v. Waddell. 16 Pet. 367. Pollard's lessee v. Files, 2 How. 591. Pollard's lessee v. Hagan, 3 How. 212. Leitensdorfer v. Webb, 20 How. 176. United States v. Moreno, 1 Wall. 400. United States P. Yorba, 1 Wall. 412. Eeictmrt r. Felps, 6 Wall. 160. Mornsby v. United States, 10 Wall. 224. United States v. Lynde, 11 Wall. 632. Dent ?\ Emmeger. 14 AVall. 308. United States v. Tract of Land, 1 Woods, C. C. 475. Wood worth v. Fulton, 1 Cal. 295. Vanderslice v. Hawks, 3 Cal. 27. Clark son v. Hawks, 3 Cal. 47. Teschemacher v. Thompson, 18 CaL 11. Leese v. Clark, 20 Cal. 388. Ward . Mulford, 32 Cal. 365. Gardiner r. Millar, 47 Cal. 570. CHEYENNE. CITY OF Secretary Interior, U. P. R. R. . Chey- enne, Sept. 27, 1872, Copp's L. L. 373. CHINAMEN Wvthe v. Smith. 4 Saw. C. C. 17. CHIPPEWA HALF-BREED SCRIP- Dole v. Wilson, 20 Minn. 356. Secretary Interior, instructions, April 20, 1871, Copp's L. L. 712. Secretary Interior, ex parte Brown et al.. March* 29, 1875. Com'r G. L. O., circular, Nov. 24, 1857, Zab. L. L. 308. Com'r G. L. O., instructions, May 13, 1865, Zab. L. L.3I3. Com'r G. L. O., Wheeler et al. v. Cadotte, April 20, 1667, Zab. L. L. 401. Com'r G. L. O., circular, March 15, 1873, Copp's L. L. 707. CHOUTEAU CLAIM Survey : 2 L. I. & O. 975. COLUMBUS AND SANDUSKY TURNPIKE Com'r G. L. O., instructions, Mav 2, Ie28, 2 L. I. &, O. 407. CONNECTICUT LAND CLAIMS. OHIO Palmer v. Com'rs Cuyahoga Co., 3 McLean, C. C. 226. Kinsman v. Loomis, 11 Ohio, 475. Lockwood v. Wilder-man, 13 Ohio, 430. Secretary Treasury, instructions, April -1, 1805, 2 L.I. &O. 783. Secretary Treasury, instructions, April 20, 1805, 2 L. I. 6 Cal. 519. CITATION OF DECISIONS. XI CONTRACTS-Confinued. Common law : United States v. Linn, 15 Pet. 290. Lamb v. Kauim, 1 Saw. C. C. 238. Construction of: Lamb v. Davenport, 1 Saw. C. C. 609. Starr v. Stark, 2 Saw. C. C. G03. Rightor v. Phelps, 1 Hob. (La.) 325. Heed v. Conway, 26 Mo. 13. Claymorgan v. Green, 32 Mo. 285. Covenant : Lamb v. Bui-bank, 1 Saw. C. C. 227. Lamb v. Kamru, 1 Saw. C. C. 238. Lamb v. Waketteld, 1 Saw. C. C. 251. Lamb v. Vaughn, 2 Saw. C. C. 161. Fields v. Squires, 1 Deady, C. C. 366. Legislative : Fletcher v. Peck , 6 Cranch, 87. State of New Jersey v. Wilson, 7 Cranch, 164. Cook v. City of Burlington, 30 Iowa, 94. Op. Att. Gen., ex parte Ohio, 2 L. I. & O. 141. Mexican grant: Hartman v. Reed, 50 Cal. 485. Settlers 1 claim and improvements: Lamb v. Davenport, 18 Wall. 307. Lamb v. Burbank, 1 Saw. C. C. 2-27. Doolittle v. Bridgemaii, 1 Greene (Iowa), 265. Ellis v. Hosier, 2 Greene (Iowa), 246. Brooks v. Ellis, 3 Greene (Iowa), 527. Mclntire v. Skiuner, 4 Greene (Iowa), 89. Pierson v. David, 1 Iowa, 24. Sullivan v. McLenans. 2 Iowa, 437. Bowman . Torr, 3 Iowa. 571. Cullen v. Riley, 7 Iowa, 517. Snow v. Flanuery, 10 Iowa, 318. Spry v. Sleppy, 15 Iowa, 409. Wilson v. McLeruan, 20 Iowa, 30. Oaks v. Heaton, 44 Iowa, 116. Jenkins v. Gibson, 3 La. Ann. 203. Hollan v. Sapp, 4 La. Ann. 519. Hudson et al. v. Milner, 12 Ala. 667. Tempson v. Martin, 13 Ala. 21. Patton v. Ashlev, 8 Ark. 290. Cain v. Leslie, 15 Ark. 312. Baker v. Hollobaugh, 15 Ark. 322. Cloud v. Ivie, 28 Mo. 578. Moore v. Mclntosh, 6 Kans. 39. Vickray v. Pratt,7 Kans. 238. McTaggart v. Hanison, 12 Kans. 62. Bell v. Parks, 16 Kans. 152. Lapham v. Hend, 21 Kans. 332. Chase v. Savage Silver Mg. Co., 2 Nov. 9. Rose v. Treadway, 4 Nev. 455. Treadway v. Wilder, 8 Nev. 91. Dawsou v. Merrelle, 2 Neb. 119. Me Williams v. Bridges, 7 Neb. 419. Tartar v. Hall, 3 Cal. 263. Ostrarn v. Dixon, 13 Cal. 33. Holden v. Andrews, 38 Cal. 119. Damrell v. Meyer, 40 Cal. 166. Montgomery v. Whitney, 40 Cal. 294. Hudson v. Johnson, 45 Cal. 21. Snow v. Ferrea,' 45 Cal. 195. McCreary v. Casey, 50 Cal. 349. Snow v. Kim OUT, 52 Cal. 624. Secretary Interior, Webster v. Sutherland, Oct. 19, 187-2, Copp's L. L. 312. Secretary Interior, Beasore v. Whitehead, Aug. 5, 1875, 2 Copp's L. O. 83. Secretary Interior, Swift v. C. & O. R.R., Nov. 30,1875, 2 Copp's L. O. 134. Secretary Interior, Hudsonpiller v. Queen, Sept. 18, 1874. Secretary Interior, Sumner v. Silaby, Feb. 22, 1875. Survey : Reed v. Conway, 26 Mo. 13. Edwards v. Estell, 48 Cal. 194. Instructions, March 4, 1797, 2 L. I. & O. 765. Com'r G. L. O. , instructions, July 9, 1824, 2 L. I. & O. 839. Timber, sale of: Stevens v. Penier, 12 Kans. 297. Ward v. Carson River Wood Co., 13 Nev. CONTRACTS Continued. Timber, sale of : Secretary Interior, instructions, Dec. 6, 1854, 1 Lester, 629. Secretary Interior, Webster v. Sutherland, Oct. 19, 1872, Copp's L. L. 313. Treaty : Meigs et al. v. McClung's lessee, 9 Cranch, 11. Fleeger v. Poole, 1 McLean, C. C. 185. Secretary Interior, Dallas v. White, July 25, 1878, 5 Copp's L. O. 83. COUNTY SEATS Whitelowe v. Reese, 4 Oreg. 335. Com'r G. L. O., circular, June 7, 1824, 2 L. I. & O. 380. Com'r G. L. O., instructions, March 18, 1834, 2 L. I. & 0. 494. Com'r G. L. O., circular, Oct. 11, 1837, 2 L. I. , 1656, 3 Copp's L. O. 133. Secretary Interior, Bush v. Bradford, Nov. 28, 1872. Secretary Interior, Mission Santa Eosa v. Bussell, Dec. 8, 1873. Secretary Interior, ex parte Bolen and wife, Jan. 3,' 1879. Com'r G. L. O., McBean v. Owen, Oct. 14, 1874, 1 Copp's L. O. 130. Com'r G. L. O., ex parte Kindred, April 16, 1877, 4 Copp's L. O. 19. Com'r G. L. O., Williams v. Martin, May 31, 1878, 5 Copp's L. O. 90. Com'r G. L. O., ex parte Butler, Jan. 4, 1861. Com'r G. L. O., Church v. Miller, June 8, 1864. Com'r G. L. O., ex parte Swan, Jan. 6. 1866. Com'r G. L. O., ex parte Bozarth, Oct. 21, 1867. Com'r G. L. O., ex parte Gobar, Dec. 11, 1868. Com'r G. L. O., Mission Santa Eosa v. Bus- sell, Jan. 27. 1872. Com'r G. L. O., ex parte Morse & Biers, March 24, 1873. Com'r G. L. O., ex parte Thomas, Jan. 30, 1875. Com'rG. L. O., ex parte King, April 25, 1876. Com'r G. L. O., ex parte McCarty, April 12, 1877. Com'r G. L. O., ex parte Paulding, April 23, 1877. Com'r G. L. O., ex parte Van Buren, Sept. 10, 1877. Com'r G. L. O., ex parte Bolen and wife, Feb. 21, 1878. Com'r G. L. O., ex parte Bolen and wife, March 1, I860. Desert land entries : Secretary Interior, ex parte Guinean, Feb. 11, 1860, 7 Copp's L. O. 8. Secretary Interior, ex parte Downey, April 15, 1880. 7 Copp's L. O. 20. Com'rG. L. O., circular, April 8, 1875, Copp's L. L. 21 (i. Com'r G. L. O., ciiv.ular, March 12, 1875, 4 Copp's L. O. 22. Com'r G. L. O., ex parte Eeeves, July 16, 1879, 6 Copp's L. O. 76. Com'r G. L. O., ex parte Bowman, Feb. 16, 1880, 6 Copp's L. O. 192. Com'r G. L. O., instructions, Sept. 13, 1880, 7 Copp's L. O. 105. Com'r G. L. O., instructions, Aug. 28, 1880, 7 Copp's L. O. 106. DOWEE Longworthy ?. Heeb, 46 Iowa, 64. Chninabbee r. Xix et al, 3 Porter (Ala.) 362. Baker v. hcii s of Chastang, 18 Ala. 417. Wells r. Moore, 1 6 Mo. 478. DUBUQUE, TOWN OF Chouteau v. Molony, 16 How. 203. Taber v. Levi, Mori is (Iowa), 372. Davis r. O'Ferrall, 4 Greene (Iowa) 358. Instructions Aug. 9, 1836, 2 L. I. & O. 963. Com'r G. L. O., instructions, March 23, 1837, 2 L. I. & O. l77. EASEMENT- Public, in navigable waters, d-c. : Lovington v. County of St Clair, 64 His. 56. Baxon v. Bressler, fc4 Ills. 489. Moore v. Sanborne, 2 Mich. 520. Lorman v. Benson, 8 Mich. 18. Jones v. Pettibone, 2 Wis. 308. Walker v. Stepbeuson, 4 Wis. 486. Oleson r. Men-ill, 4-2 Wis. 203. Deleplaine v. C. &. N. W. E, E. Co., 42 Wis. 214. Boorman v. Sunnucks, 42 Wis. 233. Brisbine v. St. P. & S. C. E. E , 23- Minn. 114. Steamboat Globe v. Kurtz, 4 Greene (Iowa), 433. Musser v. Hershey, 42 Iowa, 356. Duverge r. Salter~ 6 La. Ann. 450. O'Fallon v. Daggett, 4 Mo. 209. Weise v. Smith, 3 Oreg. 4 .5. Eldred t\ Cowell, 4 Cal. 80. Guy v. Hermance, 5 Cal. 73. Ward v. Mulford, 32 Cal. 305. Roads, d-c. : Harris v. Elliott, 10 Pet. 25. Tillage of Mankato r. Meagher, 17 Minn. 265. Railroads : D. & E. G. E. E. r. Canon City E. E., 9 Otto, 463. C. P. E. E. Co. v. Dyer ft al, 1 Saw. C. C. 641. C. P. E. E. Co. v. Benity, 5 Saw. C. C. 118. Cal. N. E. E. Co. r. Gould, 21 Cal. 254. Doran v. C. P. E E, Co., 24 Cal. 245. Secretary Interior, circular, June 30, 1875, Copp's L. L. 388. Secretary Interior, D. & E. G. R E. v. P. & A. V. E. E., Sept. 5, Is78. Secretary Interior, D. & E. G. E. E. r. P. & A. V. E. E., Sept. 11, 1678. Com'rG. L. O., cxparteW. & S. C. E. E., i May 10, 1877, 4 Copp's L. O. 91. Com'r G. L. O , circular, March 9, 1878, 5 Copp's L. O. 35. Com'rG. L. O., circular, Nov.7, 1879,6 Copp's L. 0. 144. Water-dams, ferries, d-c : Broder?. Water Co., 11 Otto, 274. Union Mill and Mg. Co.v. Fen-is, 2 Saw. C. C. 176. Wilcoxon v. McGhie, 12 Ills. 381. Hadden v. Strourz, 15 Ills. 581. Arimond v. Green Bay & Miss. Co., 31 Wis. 317. United States v. Fanning, Morris (Iowa), 348. Cloyes v. Keatts, 18 Ark. 19. Walker v. Armstrong, 2 Kans. 198. Eobertson v. Smith, i Montana, 410. Eush v. Jackson, 24 Cal. 308. Hobart v. Ford, 6 Nev. 77. Barnes v. Sabron, 10 Nev. 217. EJECTMENT Conflicting legal titles in : Henshaw v. Bissell. 18 How. 255. Miller f. Dale, 2 Otto, 473. Tulock v. Taylor, 6 Ark. 54. Norton v. Blackenship, 5 Mo. 346. Webber r. Marshall, 1!) Cal. 447. Smith . Athern, 34 Cal. 5C6. Keeran v. Griffith, 34 Cal. 580. Equitable title independent : Singleton r. Touchard, 1 Black, 342. All -on v. Hunter, 9 Mo. 749. Gluckauf r. Eeed. 22 Cal. 468. Page v. Hobbs, 27 Cal. 484. Tyler v. Green, 28 Cal. 406. Eeed r. Caruthers, 47 Cal. 31. Requisites to maintain action : Denise r. Euggles, 10 How 242. Fenn v. Holme, 21 How. 481. Hooper v. Scheimer. 23 How. 235. Singleton r. Touchard, 1 Black, 342. Van Eeynegan r. Bolton, 5 Otto, 33. Snyderr. Van Sickles, 8 Otto. 203. Gunderson v. Cook, 33 Wis. 551. McLane v. Bovee, 35 Wis. 2* McClairen r. Wicker, 8 Ark. 1912. Gaiues v. Hale, 16 Ark. 9. Burke v. Gaines, 16 Ark. 27. CITATION OF DECISIONS. XV EJECTMENT Continued. Requisites to maintain action : Hector v. Gaines, 19 Ark. 70. Sweeptzer v. Gaines, 19 Ark. 96. Tulock v. Taylor, 26 Ark. 54. Gaither v. Lawson, 31 Ark. 279. Surginer v. Paddock, 31 Ark. 529. Hickman v. Gau, 1 Mo. 274. Sector v. Hatch, 1 Mo. 333. James v. Guino, 4 Mo. 458. Morton v. Blackenship, 5 Mo. 346. Cabnnne v. Lindell, 12 Mo. 184. Lands v. Perkins, 12 Mo. 238. Gray v. Gives, 26 Mo. 29 1. Davis v. Thompson, 36 Mo. 39. Bobbins v. Eckler, 36 Mo. 494. Morton v. Green, 2 Neb. 441. Sullivan v. Hense, 2 Colo. 424. Plume v. Seward. 4 Cal. 94. Gunn v. Bates, 6 Cal. 263. Baldwin v. Simpson, 12 Cal. 560. Bestres v. Brennan, 21 Cal. 423. Hutton v. Shumaker, 21 Cal. 453. Mahoney v. Van Winkle, 21 Cal. 552. Galup v! Armstrong, 22 Cal. 480. Coleman v. Clements, 23 Cal. 245. Carpenter v. Thurston, 24 Cal. 268. Keeran v. Grffith, 27 Cal. 87. Davis v. Perley, 30 Cal. 030. Polack v. McGrath, 32 Cal. 15. Page v. O'Brien, 36 Cal. 559. Toland v. Mandell, 38 Cal. 30. Hughes v. Hazard, 42 Cal. 149. True v. Simpson, 42 Cal. 293. Young v. Shinn, 48 Cal. 26. Gallagher v. Eiley, 49 Cal. 437. Sacramento Savings Bank v. Hughes, 50 Cal. 195. Steinway v. Eubio, 51 Cal. 41. Conlan v. Quinley. 51 Cal. 413. Kraft v. Galon, 9 Nev. 20. Op. Att. Gen., 2 L. I. & 0. 157. When decision in, conclusive : Waterman v. Smith, 13 Cal. 373. National Water Co. v. Clarkin, 14 Cal. 543. Montgomery v. Whitney, 40 Cal. 294. When patent conclusive in : Polk's lessee v. Wendell et al., 9 Cranch, 87. Polk's lessee v. Wendell et al., 5 Wheat. 292. Hooinagle v. Anderson, 7 Wheat. 212. Patterson v. Winn, 11 Wheat. 380. Patterson v. Jenks, 2 Pet. 216. Stringer et al. v. Young's lessee et al.. 3 Pet, 320. Boardman v. Reed etal., 6 Pot, 328. Hughes v. United States, 11 How. 568. Baguell v. Broderick, 13 How. 436. Minter v. Crommelin, 18 How. 87. Field v. Seabury, 19 How. 323. Fenn v. Holme, 21 How. 242. Hooper v. Scheimer, 23 How. 235. United States v. Stone, 2 Wall. 525. Hughes v. United States, 4 Wall. 232. Johnson v. Towsley, 13 Wall. 72. Gibson v. Cluuteau, 13 Wall. 92. French v. Fyan, 3 Otto, 169. Moore v. Bobbins, 6 Otto, 530. Patterson v. Tatum, 3 Saw. C. C. 175. Eureka Con. Mg. Co. v. Bichmond Mg. Co., 4 Saw. C. C. 302. Clark v. Hull, 19 Mich. 356. Hedley v. Leonard, 35 Mich. 71. Parkison v. Buchen, 1 Pinney (Wis.) 174. Schnee v. Schnee, 23 Wis. 377. Moore v. Hunter, 6 Ills. 317. Allison v. Hunter, 9 Mo. 749. Birch v. Gillis, 07 Mo. 102. Jenkins v. Gibson, 3 La. Ann. 203. Masters v. Eustis, 3 Porter (Ala.) 368. Arnold v. Grimes, 2 Greene (Iowa), 77. The State *. S. C. & P. E. B. Co., 7 Neb. 357. Smith v. Pipe, 3 Colo. 187. Summers v. Dickinson, 9 Cal. 554. Moore v. Wilkinson, 13 Cal. 478. Yount v. Howell 14 Cal. 465. Doll v. Meador, 16 Cal. 296. EJECTMENT Continued. When patent conclusive in : Ehodes v. Craig, 21 Cal. 419. Carder v. Baxter, 28 Cal. 99. Durfee v. Plaisted, 38 Cal. 80. Collins v. Bartlett, 44 Cal. 371. Beed v. Caruthers, 47 Cal. 81. Chant v. Reynolds, 49 Cal. 213. Weaver v. Fairchild, 50 Cal. 360. Cruz v. Martinez, 53 Cal. 239. EMINENT DOM A IK Pollard's lessee v. Hogan, 3 How. 212. Gold Hill Mg. Co. v. Ish, 5 Oreg. 104. People v. Folsom, 5 Cal. 373. Hobart v. Ford, 6 Nev. 77. Com'r G. L. O., ex parte Taylor et al., Nov. 5, 1874, 7 Copp's L. O. 155. ENTRY Application and tender : 3 Op. Att. Gen. 211, 240 : June 24, 1836, 2 L. I. & 0. 209. Secretary Interior, Pardue v. Cox, June 17, 1859,1 'Lester, 353. Secretary Interior, McClnret?. Dickinson, Aug. 31, 1858. 1 Lester, 561. Secretary Interior, ex parte Meyer, March 8, 1852, 1 Lester, 671. Secretary Interior, Baldwin v. Anderson, Dec. 31, 1855, 1 Lester, 674. Secretary Interior, ex parte Hicks, June 21, I860, 7 Copp's L. O. 71. Com'r G. L.O., Brown v. Beynolds, June 13, 1837, 2 L. 1. & 0. 128. Com'r G. L.O., Brown v. Beynolds, June 29, 1837, 2 L. I. & 0. 132. Com'r G. L. O., instructions, Jan. 23, 1816, 2 L. I. & 0. 286. Com'r G. L. O., instructions, Aug. 2, 1833, 2 L. I. & 0. 479. Com'r G. L. O., instructions, Aug. 12. 1833, 2 L. I. & O. 480. Com'r G. L. O., instructions, Dec. 30, 1833. Com'r G. L.O., Harris v. Owens, 2 L. I. & O. 489. Com'r G. L. O., exparteYolley, Aprils, 1858, 1 Lester, 352. Com'r G. L. O., circular, June 17, 1875, Copp's L. L. 191. Com'r G. L. O., ex parte Fosnat, June 6, 1874, Copp's L. L. 653. Com'r G. L. O., circular, April 15, 1873, Copp's L. L. 669. Com'r G. L. O., ex parte Hogden et al., Nov. 3, 1874, Copp's L. L. 6^6. Cancellation of: Gaines v. Thompson, 7 Wall. 347. McCarty v. Moran, 2 Dillon, C. C. 441. Gray v. McCanee, 14 Ills. 343. McGee v. Wright, 16 Ills. 557. Baltz v. Sale, 43 Ills. 351. Brill v. Stiles, 35 Ills. 305. Aldrich v. Aldrich, 37 Ills. 32. Bobbins v. Bunn, 54 Ills. 48. Newport v. Cooper, 10 La. 155. Bettis v. Amonett, 4 La. Ann. 364. Wyun v. Garland, 16 Ark. 440. Morton v. Blackenship, 5 Mo. 346. Perry v. O'Hanlon, 11 Mo. 373. Hestres v. Brennan, 50 Cal. 211. Secretary Interior, Taylor v. Bell, Dec. 15, 1858, 1 Lester, 405. Secretary Interior, Dewey v. Allen, Dec. 13, 1858, 1 Lester, 406. Secretary Interior, Humphrey v. Stowe, Dec. 18, 18i,8, 1 Lester, 408. Secretary Interior, Deyo v. Beese, Aug. 2, 1859, 1 Lester, 694. Secretary Interior, Behme v. Donken, Oct. 23, 1872, Copp's L. L. 253. Secretary Interior, Crystal v. Dahl, April 13, 1872, Copp's L. L. 310. Secretary Interior, Eno v. McDonald, Aug. 5, 1874, Copp'a L. L. 317. Secretary Interior, State Cal. v. Floyd, Sept. 18, 1872, Copp's L. L. 326. Secretary Interior, Sloan v. I. F. 4. Secretary Interior, ex parte Brown et al., June 27, 1878, 5 Copp's L. O. 101. Secretary Interior, ex parte Reed etal., May 2?, Ib80, 7 Copp's L. O. 91. Com'r G. L. O., circular, Sept. 28, 1842, 1 Lester, 368. Com'r G. L. O., circular, Oct. 3, 1846, Zab. L. L. 422. Com'r G. L. O., ex parte Harbacb, July 2, 1859, Zab. L. L. 4:27. Com'r G. L. O., circular, May 27, 1876, 3 Copp's L. O. 52. Com'r G. L. O., circular, May 21, 1876,3 Copp's L. O. 53. Correction and change of: 2 Op. AttGen. 341. Secretary Treasury, circular, Jan. 1, 1822, 2 L. I. & 0. 357. Secretary Treasury, ex parte Taylor, June 20, 1S23, 2 L. I. & O. 369. Secretary Interior, ex parte Baldwin, Dec. 31, 1855, 1 Lester, 074. Secretary Interior, instructions, Jan. 28, 1850, 1 Lester 688. Com'r G. L. O., circular, June 2, 1824, 2 L. I. & O. 379. Com'rG. L. O., circular, March 13, 1825, 2 L. I. & O. 3?8. Com'r G. L. O., ex parte Gauong, Dec. 13, 18-26, 2 L. L & O. 400. Com'r G. L. O., circular, Aug. 31, 1830, 2 L. I . Johnston, I Ohio St. b90. Stubblefield v. Boggs, 2 Ohio St. 216. Eogers v. Voss, 6 Iowa, 405. Gaines v. Hale, 16 Ark. 9. Burke v. Gaines, Hi Ark. 27. Rector v. Gaiues, 19 Ark. 70. Allison v. Hunter, 9 Mo. 7-49. Secretary Interior, ex parte Hays, May 8, 1876, 3 'Copp's L. O. sil. Secrelary Interior, State Iowa v. C. E. &M. E. It, k et aL, Aug. 24, 1876, 3 Copp's L. O. 84. Secretary Interior, Thomas v. St. J. & D. E. II., Feb. 7, Ib77, 3 Copp's L. 0. 191. Virginia, under law of : Wilson v. Mason, 1 Cranch, 45. Perkins v. Eamsey, 5 Crauch, 269. Dunlap T. Dunlap. 12 Wheat. 574. Stringer v. Young's lessee, 3 Pet. 320. Lindsey v. Miller's lessee, 9 Pet. 666. Lindsey v. Miller's lessee, 1 McLean, C. C. 32. Parker v. Dunn, 4 Ohio, 233. Harlan v. Thatcher, 18 Ohio, 48. Latham v. Oiiry, 18 Ohio, ]04. Price v. Johnson, 1 Ohio St. 390. Stubblefield v. Boggs, 2 Ohio St. 216. Wood v. Ferguson, 7 Ohio St. 288. EVIDENCE Description and boundaries ; Meredith v. Picket, 9 Wheat. 573. Boardman v. Eeed et al , 6 Pet. 328. Mackey v. Dillon, 4 How. 421. Coon v. Penu, I Peters, C. C. 49H. Haimer v. Morris, I McLean, C. C. 44. Alshire v. Hulse, 1 Ohio, 170. McCoy v. Galloway, 3 Ohio, 282. Buckey v. Wolcot't, 1 Doug. (Mich.) 19. Moore v. People, 2 Doug. (Mich.) 420. Britton v. Terry, 14 Mich. 53. Stewart v. Carl'eton, 31 Mich. 270. Moreland v. Pa20. Hensley v. Tapley, 7 Cal. 288. Megerle r. Ashe, 3J Cal. 74. Poppe v. Athearn. 42 CaL 606. Public records : Line v. Botnmelman, 17 Ills. 95. Lacey r Davis, 4 Mich. 140. Gilman r. Riopelle, 18 Mich. 144. Bradley r. Silsbie, 33 Mich. :w=. Sands r. Davis, 40 Mich. 14. McLean r Bovee. 35 Wis. 27. Dutillet v. Blanchard. 14 La, Ann. 97. Stephens v. AYestwood, 25 Ala. 716. Finlry v. Woodruff, 8 Ark. Wright v. Thomas, 4 Mo. 577. Clark v. Bammerle, 27 Mo. 55. Conner r. McPhee, 1 Montana, 73. Donner v. Palmer, 31 CaL 501. Fraud Jamison v. Doe, 4 Ills. 113. Certificate of land ojficer : Wilcox r. Ivinzre, 4 Ills. 218. Russ-11 r. \\ r hiteside. 5 His. 7. Carson r. Merle, 5 Ills. 363. Delanny v. Burnett, 9 Ills. 454. Gates v. Winslow, I Wis. 555. Bigelow i-. Blake, 18 Wis. 520. Fairand v. C. :. Wilson. 52 Cal. 226. Secretary Treasury, instructions, July 31, 1801, 2 L. I. i O.'--"-!-. Secretary Treasury, instructions, April 11, le04,2'L.I. &O.240. Secretary Treasury, instructions, Oct. 16, 1??04. 2'L. I. & O. 247. Secretary Interior, Noel r. Pepper, Feb. 3, 1859, I'Lester, 409. Secretary Interior, Johnson v. Doyle, June 17, 185'J, 1 Lester, 414. Secretary Interior, Raph >:. Hudgens et al., Oct. 2o, 1858, 1 Lester, 4:23. Secretary Interior, Webster r. Sutherland, Oct. 19, 1~72, Copp's L. L. 312. Secretary Interior. Catal i r. Austin et al., Oct. la, 1874, 1 Copp's L. O. 115. Secretary Interior, Bell ,\ . Com'r G. L. O., circular, Aug. 17 1821, 2 L. 1. -a. Ann. 85. Cunningham v. Ashley, 12 Ark. 296. Wyim v. Garland, 16 Ark. 440. Ca man v. Johnson, 29 Mo. 84. 1 Op. Att. Gen. 69SJ ; 2 id. 501. WJict constitutes, and e/ect of: United States v. Arredondo, 6 Pet. 691. Jamison v. Doe, 4 Ills. 113.- Stannar v. McCarty, Morris (Iowa), 124. City of Oakland v.'Carpentier, 21 Cal. 642. Hollinshed v. Simms, 51 Cal. 158. Op. Att. Gen., April 27, 1822, 2 L. I. & 0. 160. Secretary Interior, Collar v. Lake, Feb. 10, 185;), I Lester, 390. FEENCH EMIGRANTS White v. St. Guisons, Minor (Ala.) 331. Jenkins v. Noel, 3 Stewart (Ala.) CO. Secretary Treasury, instructions, Nov. 10, 1817, 2 'L. I. &O. 293. Secretary Treasury, instructions, March 3, 1835,2'L. I. & O. 60,6. Com'r G. L. O., instructions, Sept. 26, 1831, 2 L. I. & O. 455. Com'r G. L. O., instructions, March 27, 1833, 2 L. I. & 0. 472. Com'r G. L. O., instructions, Aug. 22, 1833, 2 L.I. &O. 481. Com'r G. L. O., instructions, Oct. 14, 1833, 2 L. I. & 0. 485. Com'r G. L. O., instructions, June 24, 1834, 2 L. I. & O. 496. Com'r G. L. O., instructions, March 12, 1835, 2 L. I. & 0. 507. Com'r G. L. O., instructions, April 22, 1837, 2 L. I. & O. .'-35. Coiu'r G. L. O., instructions, March 18, 1837, 2 L. I. & O. 537. Com'r G. L. O., instructions, Oct. 8, 1831, 2 L. I. & O. !J25. Coia'r G. L. , instructions, April 22, 1837, 2 L. I. & O. 982. GALENA, CITY OF Moorehouse v. Phelps, 21 How. 294. Delanney v. Burnett, 9 Ills. 454. Com'r G. L. O., instructions, July 18, 1836, 2 L. I. & O. 5 55, 1 Lester, 479. Secretary Interior, ex parte Puckett, Jan. 17, 1857, 1 Lester, 480. Secretary Interior, instructions, Sep.t. 14, 1858, l Lester, 481. Com'r G. L. O , circular, Oct. 30, 1854, 1 Les- ter, 4G6. Com'r G. L. 0., circular, May 1, 1855, 1 Les- ter, 470. Com r G. L. O., instructions, May 19, 1855, 1 Lester, 472. Com'r G. L. O., circular, Jan. 23, 1856, 1 Les- ter, 473. Com'r G. L. 0., circular, April 7, 1856, 1 Les- ter, 475. XX CITATION OF DECISIONS. GRADUATION- Con timted. Com'r Gr. L. O., circular, March 21, 1657, 1 Lester, 476. Com'r G. L. O., instructions, Sept. 18, 1857, 1 Lester, 509 ; note. Com'r G. L. O., circular, Oct. 3,1854,1 Les- ter, 510. Com'r G. L. O., State Mo. v. Davis, May 5, 1874, 1 Copp's. L. 0. 39. GREEN BAY Confirmation of private land claims at Whitney v. Gunderson, 31 Wis. 359. Whitney v. Nelson, 33 Wis. 365. Whitney v. Morrow, 34 Wis. 644. Instructions, Nor. 12, 1635, 2 L. I. & O. 617. Com'r. G. L. O-, instructions, Sept. 9, 1836, 2 L. I. &, O. 639. GREENSBURG LAND DISTRICT Entries in : Watterston v. Bennett, 18 La. Ann. 250. Com'r G. L. O., instructions, Aug. 22, 1637, 2 L. L & 0. 1015. Erroneous surveys in : Com'r G. L. O., instructions, Nov. 23, 1837, 2 L. L & O. 998. HOT SPRINGS Hale v. Gaines et al., 22 How. 144. Rector et al. v. United States, 2 Otto, 698. Duiras v. Wassell, 1 Dillon. C. C. 213. Gaines v. Rector, 26 Ark. 168. Op. Att. Gen , Jan. 17. 1878. Secretary Interior, ex parte Miller et al., Sept. 23, 1875, 2 Copp's L. O. 100. ICE The State v. Pottmeyer, 33 Ind. 402. Waterworks Co. of Indianapolis et al. v. Burkhart et al., 41 Ind. 304. IMPROVE ME is TS Compensation f 01 : Chinn v. Darnell, 4 McLean, C. C. 440. Davis v. Hopkins, 15 Ills. 519. Ke-llam v. Rippley, 3 Rob. (La.) 138. Duneau r. Hall, l Ala. 12'. Russell r. Defrance, 39 Mo. 506. Krause i\ Means, 12 Kans. 335. Lernert c. Barnes, 18 Kaus. 9. Maynes r.-.Veale, 20 Kans. 324. Page v. Fowler, 28 Kans. 605. 1 Op. Att- Gen. 300, 352. Sale of: Dupas v. Wassell, 1 Dillon, C. C. 213. Langdon r. Joy, 4 Dillon. C. C. 391. Boston r. -Dodge, 1 Blackf. (Ind.) 18. Test v. Weir, 4 Blackf (Ind.) 135. Ward r. Burr, 5 Blackf. (Ind.) 163. Hill r. Smith, Morris (Iowa), 70. Freeman v. Hoi li day, Morris (Iowa), 80. Bowman v. Torr, 3 Iowa, 571. Spry v. Sleppy, 15 Iowa, 409. Nouten r. Perkins, 3 Rob. (La.) 233. Jenkins r. Gibson, 3 La. Ann. 203. Hollon v. Sapp, 4 La. Ann. 519. Bryan r. Glass. 6 La. Ann 740. Shaw r. Boyd, 1 Stew. & Port (Ala.) 83. McFarland v. Mathis, 10 Ark. 560. Cain r. Leslie, 15 Ark. 312. Clark >. Slmltz, 4 Mo. 235. Sanford r. Justice, 9 Mo. 865. Stubblefi. Id v. Branson. 20 Mo. 301. Welch r. Bryan, 28 Mo. 30. Bell r. Parks. 18 Kans. 152. Lapham v. Heiid, 21 Kaus. 302. Secretary Interior, Gaberel r. Guerne et al., March' 1>, If SO, 7 Copp's L. O. 37. Status of, a*- property : French v. Carr. 7 Ills. 664. Attridge r. Billings, 47 Ills. 490. Pierson v. David. 1 Iowa. 24. Rhea et at. r. Hughes, 1 Ala. 219. Pelham v. Wilsou, 4 Ark 2.rl. Floyd v. Ricks. 14 Ark. 28ti. Gaiues & Rector r. Hale, 26 Ark. 168. Michel v. Williams, 5 Mo. 335. Hatfield v. Wallace, 7 Mo. 112. Comm'rs, &c., v. Shipman, 14 Kans. 532. Haas v. Misner, 1 Idaho, 203. Gillan r. Hutchinson, 16 Cal. 154. The People v. Morrison. 22 Cal. 73. Hicks p. Whiteside, 23 Cal. 4U4. IMPROYEMENTS-C0nrtnwd. Statu^ of. as property : People v. Shearer, 30 Cal. 645. Collins v. Bartlett. 44 Cal. 371. West v. Smith. 52 Cal. 322. What constitutes, and effect of: Stark v. Starr, 1 Saw. C. 0. 15. Bowman v. Torr, 3 Iowa, 571. Rogers v. Voss, 6 Iowa, 405. Givens L: Decatur Co., 9 Iowa, 278. Wilson v. McLernan, 20 Iowa, 30. Walker v. Stone, 48 Iowa, 92. Lawrence x. Grout, 12 La. Ann. 835. Co-n'r G. L. O., Faught v. Espv, Nov. 4, 1868, Zab. L. L. 90. Com'r G. L. O., ex parte Mead, June 4, 1880, 7 Copp'.s L. O. e/. INDIAN TERRITORY United States P. Gratiot.lMcLean.C.C. 454. INDIAN TREATIES, RESERVATIONS, AND TITLES Fletcher r. Peck. 6 Cranch, 87. Ni-\v Jersey v. Wilson, 7 Cranch 164, Preston c. Browder, 1 Wheat. 115. Danfarth's lessee r. Thompson, 1 Wheat. 155. Dauforth v. Wear, 9 Wheat. 673. Mitchell v. United States, 9 Pet. 711. United States v. Fernandez- et al., 10 Pet 303. Clark i'. Smith. 13 Pet. 195. Lattimer r. Poteet, 14 Pet, 4. Marsh r. Brooks, 8 How. 223. United States r. Rillieux's heirs, 14 How. 1c9. Choutean r. Moiony, 16 How. 203. Miuterr. Crommelin, 18 How. 87. Crews et al. r. Burcbman, 1 Black, 352. Best v. Polk, 18 Wall. 112. United States v. Cook. 19 Wall. 591. L. L. G2. United States v. Ritchie, 17 Pet. 575. Mackay v. Cox, IH Pet. 10! >. United' States v. Rogers, 4 How. 5!37. Cunningham v. Ashley, 14 LIow. 374. Tiie Kansas Indians, 5 Wail. 737. Holdcu v. Joy, 17 Wall. 21 1 . Laugduu v. Joy, 4 Dillon, C. C. 391. Strand v. M. &C. R. R. Co., 4 Dillon, C. C. 396. Moreland v. McCartney's heirs, 4 Port. (Ala.) 141. Cunningham v. Ashley, 12 Ark. 296. Cunningham v. Ashley, 13 Ark. 053. Halo v. Gaines. 19 Ark. 9-1. Gaines &, Rector v. Hale, x'0 Ark. 108. 1 Op.Att. Gei'.C4r>; Sid. 305, 331, 360; 3 id. 207, x'97, ::04, 326, i>04 ; 4 id. 175, 433, 500, 5sl4, 528,5^0,597, 013; 5 id. 13, 30, ^6-s, 3-JO, 303, 378,502,514; lid. 54; 9 id. 48; 12 in. 57; Jan. 21, IfcSO. Secretary Treasury, instructions, Oct. 25, 18U8.2L. I. &O.272.273. Secretary Treasury, exparte Laughlin, July (\ 18(i9rZab. L. L. 750. Secretary Interior, Powell v. Beatty, Sept. 8, 1875,2 Copp's L. O 115. Com'r G. L. O., circular, Aug. 7, 1872, Copp's L. L. 115. Chickaxaws : Best v. Polk, 18 Wall. 112. Lewis v. Loye et al., 1 Ala. 335. 3 Op. Alt. Gen. 34, 41, 49, 591 ; 5 id. 226, 232; 7 id. 142 ; 2 L. I. & O 21 4. Secretary Treasury, instructions, Oct. 25, 1808, 2'L. I. & O. i?2, 273. Com'rG. L. 0.. instructions, Awil20, 1833, 2 L. I. & O. 945. Com'r G. L. O., instructions, April 28, 1833, 2 L. I. & O. 948. Com'r G. L. O., instructions, July 27, 1831, 1 Lester, 913. Com'rG. L. O., instructions, March 22, 1833, 1 Lester, 92 ( J. Chippewas, treatn at Saginaiv : Stockton v. Williams, 1 Doug. (Mich.) 546. Stockton v. Williams. Walker's Chan. Rep. (Mich.) 120. Deury v. Campbell, 4 Mich. 565. Chapau v. Dewry, 9 Mich. 3r>l. Raymond v. Shawborso, 34 Mich. 142. 3 Op. Att. Gen. ^06. Secretary Treasury, instructions, Sept. 27, 1836,2^1.^0.5^6. Secretary Interior, exparte Waisloy, Ap il 29, I8:,6 f 1 Letter, 630. Secretary Interior, exparte Bright, Nov. 6, 1858, 1 Lester, (j3i. Secretary Interior, instructions, April 13. 1859, 1 Lester, 632. INDIAN TREATIES, RESERVATIONS, AND TITLES Continued. Chippeivas, treaty at Saginaio : Com'r G. L. O., circular, March 15, 1873, Copp's L. L. 707. Com'rG. L. O., circular, July 5, 1872, Copp's L. L. 709. Com'r G. L. O., circular, March 18, 1875, Copp's L. L 710. Choctaws : 2 Op. Att, Gen. 462, 465, 617, 693 ; 3 id. 48. 49, 50, 106, 107, 113, 114, 134, 205, 365, 408,518; 4 id, 320, 344, 381, 452 ; 5 id. 251 ; 7 id. 142, 174; 12 id 516; 13 id. 354; 14 id. 28; 2L. . I. & O. 32, 186, 187,211. Secretary Treasury, instructions, Oct. 16, 1824, 2'L. I. &O.505. Secretary War, instructions, Oct. 11. 1834, 2 L. I. & O. 506. Com'rG. L. O., instructions, June 28,1824, 2 L. I. & 0. 3*0. Com'rG. L O., instructions, March 13, 1826, 2 L. I. & O. 293. Com'r'G. L. O., instructions, July 4,1836, 2 L. I. & O. 520. Com'r G. L. O., instructions, Jan. 27, 1836, 2 L. I. & O. 510. Com'r G. L. O., circular, 2 L. I. & O. 434. Com'r G. L. O.. instructions, Stpt. 10, 1833, 2 L. I. . Inge's heirs, 5 Port,(Ala.)327. Clarlilko v. Elliot, 5 Port, t Ala.) 403. Tipps v. McGehee et al., 5 Port, (Ala.) 413. Rosser v. Bradford, 9 Port. (Ala.) 35J. Rowland v. Ladigo, 9 Port. (Ala.) 488. Johnson v. McGehee et al., 1 Ala. ISO. James v. Scott, 9 Ala. 579. Cromraelhifl. Minter et al., 9 Ala, 594. Rains v. Ware & Warner, 10 Ala. 623. Wells v. Thompson, 13 Ala. 793. Corpreu v. Arthur, 15 Ala. 525. Hoden v. Wall, 15 Ala, 149. Noleu ct al. v. Heirs of Gwyn, 16 Ala. 725. Stephens v. Westwood, 20 Ala. 275. Rowland et al. v. Ladigo's heirs, 21 Ala. 9. Long v. McDonald's adm'r, 23 Ala. 413. Stephens v. Westwood, 25 Ala. 716. 2 Op. Att. Gen. 110, 574, 690 ; 3 id. 40, 230, 238, 2.VJ, 288, 3r9, 578. 585 ; 5 id. 46, 79, 98 ; 2 L. I. & O. 73, 195, 208. Com'r G. L. O., instructions, Nov. 23, 1835, 2L. I. &O. 511. Com'r G. L. O., instructions, Dec. 28, 1815, 2 L. I. & O. 810. Delaware^ : United States v. Stone, 2 Wall. 525. 9 Op. Att. Gen. 24; 12 id. 84; Jan. 21,1880. Foxes : Chouteau v. Molouy, 16 How. 203. Com'r G. L. ()., instructions, Nov. 16, 1837, 2 L. I. & O.977. Illinois and Piankeshaivs : Johnson tt al. v. Mclutosh. 8 Wheat. 543. Kansas : Stephen v. Smith, 2 Kans. 243. Biovvuv. Beluiardre, 3 Kaus. 41. 6 Op. Att. Gen. 65H ; 9 id. 110; 10 id. 507. Com'r G. L. O., circular, Aug. 15, 1874, Copp's L. L.713. Com'r G. L. O., circular, Oct. 2, 1874, Copp's L. L. 719. XX11 CITATION OF DECISIONS. INDIAN TREATIES, RESERVATIONS, AND TI ILS Continued. Kansas : Com r G. L. O., instructions, Aug. 15, 1874, 1 Copp's L 0. 107. Kickapoos : Parker v. Winsor, 5 Kans. 362. C. B. R. R. Co. v. Wilcox. 14 Kans. 259. Op. Att. Gen., Jan. 21, IceO. MenumonecK : lieecheri?. Wetherby, 5 Otto, 517. ^ 3 Op- Att. Gen. 332; 5 id. 31 ; lid. 166. Miamis: Mungosahs. Steinbrook, 3 Dillon, C. C. 418. Peck v Miami Co., 4 Dillon, C. C 370. Longlois v. CoUin, 1 Ind. 44ti. Coumisiouers, &,c., v. Wau-zop-pe-che, 3 Kans. 364. Miami Co v. Breckenridge, 12 Kans. 114. 2 Op. Att. Ge:i. 5G3 ; 1 id. 529; G id. 440; 11 id. 384 ; 12 it/. 236 ; 2 L. I. & O. 200. Osages : L. L. Id. 2-5 ; (i id. 49. Pottawatomien : Op. Att, Gen. Sept. 20, 1853, 2 L. I. & O. 69. Secretary Treasury instructions, Xov. 12, Ie35, 2L. I. &Q. 511. Com'r G. L. O., instructions, Apiil 15, 1635, 2L. 1. & O. 959. Com'r G. L. O., instructions, Aug. 5, 1835, 2 L. I. & O. 961. Com r G. L. O., instructions, Xov. 14, 1835, 2L. I. feO. 9i 2. Com'r G. L. O., instructions, Xov. 30, 1835, 2 L. I. &, O. 512. Com'r G. L. O., instructions, April 10, lc33, 2 L. I. & O. 942. Quapaw* : 3 Op. Att. Gen. 106. Sacs mid Foxes : Webster 0. R.-id. M'.rris (Iowa), 466. Wright v. Mai sh, 2 Greene (Iowa), 94. Pennockv. Monroe, 5 Kans. .">" . Kans-a.s r. Harold, 9 Kans. 194. Franklin County r. Pennock. 18 Kan?. 579. Com'i- G. L. O., instructions, March (i, 1837, 2 L. I. & O. 977. INDIAN TREATIES, RESERVATIONS, AND TITLES Continued. Seneca^; : I Op. Att. Gen. 4C5 ; 3 id. 624. Shawnecs : Walker v. Henshaw, 16 "WalL 436. Ex parte Forbes & Pucket, 1 Dillon, C. C. 369. Blue Jacket v. Commissioners, &.G., 3 Kans. 299. II Op. Att. Gen. 145. Shav:necs, Wea#, and Hiamis: The Kansas Indians, 5 WalL 737. Smith r. Stevens, 10 Wall. 521. 10 Op. Att. Gen. 2:>:l. Secretary Interior, instructions, Dec. 20, lc5S, 1 Lester, 632. Stockbridges : Beecher v. Wetherby, 5 Otto, 517. Quinney v. Denm-y, 18 Wis. 485. Rugbies v. Marsillot, 19 Wis. 159. Fan ington v. Wilson, 29 Wis. 383. Quinney v. Denney, 28 Wis. 510. Winnebagoes : Fariington v. Wilson, 29 Wis. 383. Wyandotts: Walker v. Henshaw, 16 Wall. 436. Gray v. C oilman, 3 Dillon, C. C. 393. Hicks v. Butrick. 3 Dillon, C. C. 413. Summers v Spybuck, 1 Kans. 394. Walker v. Armstrong, 2 Kans. 198. Me Alpin v. Henshnw. Kans. 176. Frederick o. Gray, 12 Kans. 518. 3 Op. Att. Gen. 458; 6 id. 2; 9 id. 44; 11 id. 197. INTERNAL IMPROVEMENT GRANT Confirmatory legislation : "Hull' v. i)oyle et al., 3 Otto, 558. Tolaud v. Maudell, 3^ Cal. 30. Hodappv. Sharp, 40 Cal. 69. fluff v. Doyle, 50 Cal. 16. JEjectmt nt under : Gal up v. Armstrong. 22 Cal. 480. Athearn v. Poppe, 2"' < :1. 632. Smith v. Athearn. 34 Cal. 506. Tolaud v. Maudell, 38 Cal. 30. llodafp r. SLurp. -^0 Cal. 69. Selection*, manner of, and what subject to: Shepley < t al. v. Cowan et al., 1 Otto. 330. Copeley r. Diukgrave, 27 La. Ann. tiOl. Nims r. Johnson, 7 Cal. 111. Doll v. M.-ad,)r. 1(. Cal. 296. Van Valkeuburjt '- McCloud, 21 Cal. 330. Dolhequi r. Taho. , i2 Cal. 279. T<-iT.v v. Meuerle,24 Cal. 609. At beam v. Poppe, 25 Cal. 532. Smi.h v. Athearn, 34 Cal. 506. Rush p. Corey, 3U Cal. 33;>. McGrary r. ilastings, 39 Cal. 360. Farish v. Coon, 40 Cal. 3:5. Fisher v. Croon, 40 Cal. 34. Ha-tings r. Devlin, 40 Cal. 358. Collins r.Ba-tlett. 44 ('a!.37l. Hastings v . Jacktsou. 46 Cal. 234. Huff v.Do\ lo.SO Cal. 16. 4 Up. Att, Gen 71. Op. Att. Gtu., Faust v. Taylor, July 23, 18'.6. 1 L'-ster. 445. Secretary Interior, Vester v. Dinkgrave, ilarcb'Sl. 1859,1 Lester, 451. Secietarv Interior, ex parte Stewart, Nov. 10, 1 56. 1 Lester, 50',. Secietarv Interior, June 21, 1856, 1 Lester, :.:>:>. Secretary Interior, Florida, April 20, 1856, I L'.-si IT, Glir 1 . Seei-etai-y Ii.terior, ex parte Brown, Sept. 1-. 1-72, C"- p'sL. L. 440. Secretary Interior. White v. University Cal., Jar. in. 1878, 4 Copp's L. 0.18^. Con/r G. L. O., circular, Feh. 21, 1846, 1 Lester, 500. C-m'i- G. L. O., circular, Aug. 6, 1847, 1 Lester, 501. Com'r G. L. O., circular, Aug. 6. 1847, Zah. L L. : 97. Staff legislation : Perrine r. Grinith, 13 Iowa, 151. Nims v. Palmer, 6 Cal. 8. CITATION OF DECISIONS. XX111 INTERNAL IMPROVEMENT GRANT Con tin ii'-d. Wat sou *. liobey, 8 Cal. 52. Doll a. Meador, 10 Cal. 290. Mott r. Hawthorn, 17 Cal.. "9. Ah Yew v. Choate, '-4 Cal. LG2. Bludworth v. Lake, 33 Cal. 255. W alley v. Foreman, 38 Cal. 90. Stewart v. Haight, 39 Cal. 87. Chapman u. Buekman, 39 Cal. 674. Fisher v. Coon, 40 Cal. 34. Taken effect, when : Foley v. Harrison, 15 How. 423. Shepiey et al. v. Cowau et til., I Otto, 330. Wolsf.y v. Chapman, 1 1 Otto, 755. Patterson v. Tatum, 3 Saw. C. C. 1G4. Wiggins v. Guier, 13 La. Ami. 356. LnUeliug v. Vester, "20 La. Ann. 433. Doll v. Meador, 10 Cal. -290. Rhodes v. Craig, 21 Cal. 4l9. Megerle v. Ashe, 2/ Cal. 32-'. Bludwoilh v. Lake, 33 Cal. 255. INTRUDERS AND TRESPASSERS Atbei ton v. Fowler, Otto, 513. Hosmer v. Wallace, 7 Otto, 575. Trenouth r. San Francisco, 10 Otto, 251. Oiovreauv Campbell, lMeAllister,C.C. 129. Boirisz?. James, 7 Rob. (L.i.) 149. Keller v. Bellaiideau, G La. Ann. 643. Cunningham v. Ashley, 12 Ark, 290. Floyd v. Hicks, 14 Ark. 2du. Gale v. Davis, 7 Mo. 544. Kennett. Pluuiruer, 28 Mo. 142. United States v. De Coursey, 1 Pinnev (Wis.) 508. Wood D. M. K. & T. R. R. Co., 11 Kansas, 332. Treauway v. Sharon, 7 Nev. 27. O'Conuer'i?. Corbitt, 3 Cal. 370. Bridge v. Underwood, C Cal. 45. Merced My. Co. v. Fremont, 7 CaL 317. Taylor . Woodward, 10 Cal. W. 1 Op. Att. Gen. 180, 471, 4 -5, 703 ; 2 id. 574 ; 3 id. 255,506; 7 id. 534 ; 10 id. 71, l4. Secietary Treasury, circular, March 28, 1807, 2L. I. &O. C7. Secretary Treasury, instructions, October 20, lfU8, a L. I. & O. 272. Secretary Treasury, circular, March 10, 1809, 2 L. I. & O. 273. Secretory Treasury, circular, August 30, JblU, aL. I. &O. 2o7. Secretary Treasury, circular, March 28, It 97, 2 L. I. & O. t*7. Secretary Interior, Daniels v. Diggs, Aii. 27, 1859, i Lester, 418. Secretary Interior. O'Leary v. Zollars, May 8, 1*80, 7 Copp's L, O. 3r. Coin'r G. L. O., instructions, September 8, 118, 2 L. I. & O. 295. Com'r G. L. O., ciicuL.r, July 13, 1821, 2 L. I. & O. 333. Com'r G. L. O., instructions, March 9, 1830, 2 L. I. & O. 42,'. Com'r G. L. O., Keisker??. Johnson et al., April 0, 1874, Copp's L. L. 319. Com'r G. L. O., circular, July 1, 1879, 6 Copp's L. O. 9-. Com'r G. L, O., ex parte Koffin. July 29, i860, 7 Copp's L. O. 87. ISLANDS Middleton x>. Pritchard, 4 Ills. 510. Stolp v. Hoyt,44 Ills. -.19. Mcllaims v. Carnncbael, 3 Iowa, 11. A ople v Batchelder, 2f Cal. 70. Shoemaker v. Hatch, 13 Nev. 261. 6 Op. Att. Gen. 670; June 24, 1836, 2 L. I. & O. 802. Secretary Interior, Rock Island, Jan. 24, 185'J, 1 Lester, 01)0. Secretary Inte ior, Goat Island, July 3, Ife72, Copp's L.L. 563. Com'r G. L. O., Rock Island, April 8, 1835, 2 L. I. & O. 390. Com'r G. L O., Dauphiu Island, Aug. 16, ISLANDS Continued. Com'r G. L. O., Key West Island, Sept. 4 1830, 2 L. I. & O. 904. Com'r G. L. O., Rock Island, Sept. 15, 1835, 2L.I. &O. 50!'. Com'r G. L. O., circular, Dec. 1, 1874, Copp's L. L. 70(5. Com'r G. L. O., Wolf Island, April 5, 1838, a L. 1. &. O. 1000. Com'r G. L. O., x- eb. 24, 1838, 1 Lester, 7p5 ; note. Com'r G. L. O., Jan. 1856, 1 Lester, 705. JOINT ENTRIES Downes v. Scott, 3 Rob. (La.) 84. Secretary Interior, Laughton v. Cadwell, Jan. 8," 1858, 1 Lester, 3d7. Secretary Interior, lloosa v. Schepp, Sept. 28, 1859, 1 Les.er, 393. Secretary Interior, Powell v. Beatty, Sept. 8, In75, 2 Copp'd L. O. U5. Secretary Interior, O'Leary v. Zollars, May 8, Iri80, 7 Copp's L. O. 38. Com'r G. L. O.. circular, March 31, 1873, Copp's L. L. 3)1. Com'r G. L. O., instructions, March 18, Ib70, Copp's L. L. 452. Com'r G. L. O., instructions, April 15, 1873 Copp's L. L. 6(i7. Com'r G. L. O., Vennigirholtz v. McKen- non et al., .June 8, 1874, Copp 1 s L. O. 154. JUDICIAL NOTICE United States v. Turner, 11 How. 663. Dickeusou v. Breedeu, 30 Ills. 279. United States v. De Coursey, 1 Pinney (Wis.) 508. Bullock . Wilson, 5 Port. (Ala.) 338. Lamb v. Davenport, 1 Saw. C. C. 609. Ott v. Soulard, y Mo. i>8l. Papiu v. Ryan, 1:2 Mo. 21. Sullivan v. Heuse, 2 Colo. 427. Semple v. Hagac, 27 CaL 103. Vassaull v. Seita, 31 Cal. 226. Ellis v. Eastman, 32 CaL 447. JURISDIC T ION Between Federal and State courts: Maekay v. UilJou, 4 How. 421. Almonester v. Keuton, 9 How. 1. Doe D. City of Mobile, 9 How. 451. Fenn . Holme, --I How. 481. Maguiro v. Tylevetal , 1 Black, 195. Maguire v. Tyler, 8 Wall. 050. Ex parte Forbes & Pickett, 1 Dillon, C. C. 309. Ex parte Hebard, 4 Dillon. C. C. 380. P.uitalla v. Copelaud, 3 La. Ann. 56. Purvis v. Harmansou, 4 L:u Ann. 421. Teiry v. Aeunen, 4 La. Ann. 458. Leau'der v. Kidder, 23 Ills. 49. Clark v. Livingston Co., 24 ills. 372. Perry v. O'Haulon, 11 Mo. 373. Athearn v. Poppe, 25 Cal. 032. Between the courts, arid 1he executive : Garlands. VVyuu, 2l LLow. 6 Irvine v. Marshall, 20 How. 558. Ballance v. Forsylh, 24 iiow. Ie3. The Secretary v'. McGarrahan, 9 Wall. 298. Johnson v. Towslcy, 13 Wall. 72. Shepley v. Cowan, l Otto, 330. Marquez v. Frisbie. 11 Otto, 473. United States v. Flint, 4 Sa,w. C. C. 42. United States v. M. & St. P. R. R., 5 Bissell, C.C. 410. Litchtu Id v. Register & Receiver, 1 Woolw. C. C. 299. A very v. Foxl Abbott, (U. S.) 246. Ten-ill v. Chambers. Rob. (La.) 243. Jones v. Wlialis, 4 La. Ann. 541. Saudoz v. Ozeuue, 1-J La. Ann. (i!6. Ford v. Moraney, 14 La. Ann. 77. Marks v. Martin, 27 La. Ann. 527. Mitchell v. Cobb, 13 Ala. 137. Brewer v. Kidd. 23 Mich. 440. Sutherland v. The Governor, 29 Mich. 320. Lamont v. Stiuisou, 3 Wis. 545. Minnesota v. Bachelder, SMinu. 223. Fremont Co. v. B. & M. R. R. Co.. 22 Iowa, 91. Lewis v. Lewis, 9 Mo. 183. Ott v. Soulard, y Mo. 581. XXIV CITATION OF DECISIONS. JURISDICTION- Continued. Between the courts, and the executive : Heill v. Miller, 36 Mo. 182. Gaston v. Cannada, 39 Mo. 357. Morton v. Green, 2 Neb. 441. Colwell v. Smith, 1 Wash. Ty. 109. Quinn v. Kenyon, 33 Cal. 499. Berry v. Cammet, 44 Cal. 347. Hess v. Boliuger, 50 Cal. 80. Keerner v. Doherty, 51 Cal. 3. Powers v. Leith, 53 Cal. 711. Golden Fleece Co. v. Cable Co., 12 Nov. 312, Secretary Interior, Rancho Arroyo Chico, March 19. leGO, Copp's L. L. 563. Secretary Interior, Raucho Lacuna de la Merced, May 19, !t69. Secretary Interior, Rancho Choular, March 19, 170. Com'r G. L. O., Rancho ex-Mission de San Fernando, Jan. 24, 1873. Com'r G. L. O., Eancho Bolsa de Escorpi- nas, Sepr. 24, Ic75. Com'r G. L. O., Rancho Posolmi, Dec. 4, 1875. Com'r G. L. O., RanchoSan Antonio, Feb. 7, 1877. Equitable, affecting land : Bodley p. Taylor, 5 Cranch, 191. Massee r. Watts, 6 Crauch, 148. Meailer r. Norton. 11 Vv'all. 4M. Johnson v. Tcwsley, 13 Wall. 72. Marquezv. Frisbie, 11 Otto, 473. Hall v. Riu si 11. 3 Saw. C. C. 50fi. H-rdy v. Harbin, 4 Saw. C. C. 536. Seabury r. Field*, 1 McAllister, C.C. 60. Kitteridge v. Berand, 4 Rob. (La.) 79. Ford v. Moraney, 14 La. Ann. 77. Lament v. Stimson, 3 Wis. 545. Minnesota v. Bachelder, 5 Minn. 223. Arnold v. Grimes, 2 Greeuo (Iowa), 77. Stephenson v. Smith, 7 Mo. 610. In case of mandamus : McClun.ii c-. Silliman, 2 Wheat. 369. McUlnng r. Silliman, 6 Wheat. 598. The Secretary r. McGarrahan. 9 Wall. 298. Powell v. Cbappell. 7 Martin (La.) 172. Smithe c. Mosely, 31 Ark. 425, Land Office : Foley ^.Harrison, 15 How. 433. Ifftgwin r. Tyler et aL, 1 Black, 195. Bissell v. llenshaw, 1 Saw. C. C. 553. Le R y r. Clayton, 2 Saw. C. C. 493. Kellum c. Kippley, 3 Rob. (La.) 138. Dart v. Prndhomme, a Rob. (La.) 293. Courtney r. Parkins, 5 La. Ann. 216. Franklin r. Woodland, 14 La. Ann. 18d Finley v. Woodruff, 8 Ark. 3.'8. Cunn'ingham v. Ashley, 12 Ark. 296. Warren r. Vau Brunt, 12 Minn, 70, Heill v. Millar, 36 Mo. 1H2. Gastun v. Cauuada, 33 Mo. 357. Lounaberry r. Bakersti aw, 14 Kans. 151. Smiley v. Sampson, 1 Neb. 56. 3 Op. Att. Gen. 9J, 149 ; 14 id. 12. Secretary Interior, April 12, 1655, 1 Lester, 614. Com'r G. L. O.,circular, Aug. 11, 1858, 1 Les- ter, 379. Com') G. L. O., circular, June 13, 1872, Copp's L. L. 264. Com'r G. L. O., ex parte Wedge, July 14, 1873. Copp's L. L. ;>17. Com') G. L. O., circular, Oct. 30, 1873, Copp's L. L. 646. Navigable wa tern : Williams r. Bradley, 2 Ind. 591. Depew v. Board of Trustees, &c.. 5 Ind. 8. Butler v. State. 6 Ind. 165. Neaderhouser v. State, & Ind. 257. People v. Tyier, 7 Mich. ICO. Com'r G. L. O., ex parte Taylor et al., Nov. 5, 1874, 1 Copp's L. 0. 155. Of coriimisxioners, in private land claims : United States v. Ciarke, 8 Pet. 436 UniteJ States v. Fossatt, 21 How. 445. Lynch v. Btrnal, 9 Wall. 315. Bernal . Lyn, h, 36 Cal. 135. Secretary Interior. Lompoc contest, July 24, Ib73, Copp's L. L. 559. JURISDICTION Continued. Of commissioners, in private landdaim*: Secretary Interior, Rancho El Cajon, March 15, 1872, Copp's L. L. 559 Secretary Interior, July 3, 1872, Copp's L. L. 563. Secretary Interior, Rancho Los Trigos, Dec. 5, 1874, Copp's L. L. 611. Secretary Interior, Vigil & St. Vrain grant, Jan. 23, 1875, Coup's L. L. 612. Secretary Interior, Vigil Cf:l. 309. Bull v. Tunnel Cal. 33. Moreuhaat t>. Wilson. 5-^ Cal. 226. Stone c. The Geyser Q M. Co., 52 Cal. 315. iiyers v. SpOOUttT, Sup. Ct. Cal. 1880 (not reported). Secretary Interior, Jan. 3, 1877, Sacramento Lode, 3 Coyy's L. O. 19J. Secretary Inteiior, May 22, 1878, Empire G. &. S. Mg. Co., 5 Copp's L. O. 50. Secretary Interior, June 29, 1878, Omaha Soda Mine, 5 Copp's L. O. 66. Secretary Interior, March 4, 1579, Am. Hill Mine, 6 Copp's L O. 2. Adverse claims:. The Eureka Case, 4 Saw. C. C. 302. Golden Tleece Co. v. The Cable Co., 12 Nev. 31 J. Seais r. Taylor, 4 Colo. . C 8. Secretary Interior, Feb. 24, 1573, Julia G. , 1879, Headlight Mine. 6 Copp's L. 0. 12-'. Agricultural claims vpun mineral lands: Ah Yew T. Choate, 24 Cal. r,62. Alford r. Barnurn, 45 CaL 482. Secretary Interior, Feb. 12, 1872, circular, Copp's' Mg. Dec. 77. Secretary Interior, May 6, 1872, Kenna v. Dillon, Copp's Mg. Dec. 93. Secretary Inierior. J uly 10. if 72, C. P. R. R. Co. v. Min Claimants, Copp's Mg. Dec. 128. Secretary Interior. Aug. 6. lt<7:i, Clark v. Celles et al , Copp's Mg Dec. 130. Secretary Interior, Dec. 14, 1672, Smith v. Stewart, Copy's Mg. Dec. 13J. Secretary Interior, Jan 3, Ia76, H. W. R. Crouch, 2 Copp's L. O. 14G. Secretary Interior. Feb. 5. 1676, Pulliam v. Hunter. 2 Copp's L. O. 180. Secretary Interior, March 21, 1676, Robert Anderson, 3 ( opp'.s L O 2. Secretary Interior March 23, 1876, Evans v Rendall. 3 Copp's L O. 2. Secretary Interior, April 5, 1677, Mull v. Rolls . Cnnser r. Weaver, G Cal. 548. Weimer ?.. Lowry, 11 Cal. 104. Boggs i Merced Mg. Co., 14 CaL 279. Ilenshaw v. Clark, 14 Cal. 461. Clark v. Duval, 15 Cal. 85. Smith v. Doe, 15 Cal. 100. Moore, v. Srnaw, 17 Cal. 199. Leutz v Victor. 17 Cal. 272. Fremont v. Seals, 18 Cal. 433. Rupley v. Welch, 23 Cal. 4 -2. Eusminger r. Mclntire, 23 Cal. 593. Do: an v. Railway Co., 24 Cal. 245. Richardson v. McNulty. 24 Cal. 339. Gibson r. Pucbta, 33 Cal. 310. . Levaioni v. Miller, 34 Cal. 231. Laird v. Waterford, 50 Cal. 315. Secretary Interior, Aug. 26, 1871, Copp's Mg. Dec. 60. Secretary Interior, Sept. 3, 1872, Copp's Mi. Dec. 140. Com'r G. L. O., July 10, 1873, Copp's Mg. Dec. 209. Com'r G. L. O., July 15, 1873, Copp's Mg. Dec. 310. ComT G. L. O., July 26, 1873, Copp's Mg. Dec. 214. Com'r G. L. O., Oct. 23, 1874. 1 Copp's L. O. 139 ComT G. L. O., June 28, 1875, 2 Copp's L. O. 66. Com'r G. L. O , Nov. 13, 1877, 4 Copp's L. O. 179. Com'r G. L O., Sept. 30, 1879. Intersecting veins, rights of parties : Secretary Interior, Feb. 24, 1873, Julia G. &S M-r. Co.. Copp's Mg. Dec. 101. Secretary Interior, July 21, 1879, Adelaide v. Camp Bird, 6 Copp's L. O. 73. Com'r G. L. O. May 27, 1H72, Julia G. & S. Mg. Co , Copp's Mg. Dec. 96. Com'r G. L. O ., Fob. 2.3, 1876, J. B. Bel- ford, 2 Copp's L. O. 178. Local rule*, regulations, customs, and laws ; ef- fect of: Sparrow v. Strong, 3 Wall. 97. Chapman v. Toy Lons, 4 Saw. C. C. 28. Territory v. Lee, 2 Montana, 124. Hicks r. Bell, 3Ca'.2H). Stoakes i. Barrett, 5 Cal. 3G. Tartar v. Spring Creek Co., 5 Cal. 395. Bridge v. Underwood, 6 Cal. 45. Doran v. Railway Co.. 24 Cal. 245. Morton v. Solambo Mg. Co., 26 Cal. 527. Tunnel Co. v. Stranahan, 31 Cal. 387. Titeomb v. Kirk, 51 Cal. 288. Golden Fleece Co. v. The Cable Co., 12 Nev. 312. Harvey r. Bryan. 42 Cal. 626. Com'r'G. L. O., Aug. 25, 1871, E.J. Masters, Copp's Mg. Dec. 59. MINERAL LANDS Continued. Locations , extent, shape, and course of : Flagstaff Silver Mg. Co. i. Tarbet, 8 Otto, '463. The Eureka Case, 4 Saw. C. C. 302. Mt. Diablo Mg. Co. v. CaUison, 5 Saw. C. C. 439. Mallett r. Uncle Sam Co., 1 Nev. 188. Foot v. National M^. Co., 2 Montana, 402. Prosser r. Parks, 18 Cal. 47. Tunnel Co. r. Stranahan, 31 Cal. 387. Correa v. Frietas, 42 Cal. 339. Secretary Interior, Aug. 26, 1874, Silver Ore Lode, 1 Copp's L. O. 83. Secretary Interior, Aug. 4, 1871, New Idria Mg. Co.. Copp's Mg. Dec. 57. Com'r G. L. O.. Sept. 22, 1*70. San Augus- tine Mg. Co., Copp's Mg. Dec. 32. Com'r G. L. O., March 19, 1873, A. B. Beau- vais, Copp's Mg. Dec. 1. 4. Com'r G. L. O., May 1, 1873, War Eaglo Mine, Copp's Mg. Dec. 195. Com'r G. L. O.. May 20, 1873, R. O. Old, Copp's Mg Dec, 201. Com'r G. L. O., June 17, 1873, Hoyt Bros., Copp's Mg. Dec. 207. Com'r G. L. O., July 10, 1873, San Xavier Mine, Copp's Mg. Dec. 209. Com'r G. L. O., Nov. 18, 1873, T. A. Shaw, Copp's Mg. Dec. 235. Com'r G. L. O., Feb. 11, 1875, Surv.-Gen. Montana. 1 Copp's L. 0. 179. Com'r G. L. O , Dec 29, 1875, South Corn- stock Co., 2 Copp's L. O. 146. Com'r G. L. O , Aug 28, 1876, Philadelphia Lode, 3 Copp's L. O. 82. Com'r G. L. O., May 4, 1880, Surv.-Gen. Colo. 7 Copp's L. O. 35. Location , record and evidence, of: Campbell v. Raukiu, 9 Otto, 261. Kinney v. Con. Ya. Mg. Co., 4 Saw. C. C. 382. Hibscble v. Gildersleeve, U. S. Dist. Ct., Colo., 1880 (unpublished). Mallett v. Undo Sam Co., 1 Nev. 108. Yan Valkenburgh r. Huff. 1 Nev. 142. Rogers v. Cooney, 7 Nev. 213. Phillpotts v. Blasdell, 8 Nev. 61. Weill v. Lucerne Co., 11 Nev. 200. Golden Fleece Co. v. Cable Mg. Co., 12 Nev. 312. Gleason r. Martin White Co., 13 Nev. 442. Roberts v. Wilson, 1 Utah, 292. Connor v. McPhee, 1 Montana, 73. King v. Edwards, 1 Montana, -235. Moxon v. Wilkinson, 2 Montana, 421. Muriey v Ennis, 2 Colo. 300. Sullivan v. Hense, 2 Colo. 4-J4. Patterson v. Hitchcock. 3 Colo. 533. Wolfley v. Lebanon Co., 4 Colo. 112. Sears v. Taylor, 4 Colo. 38. Live Yankee Co. r. Oregon Co., 7 Cal. 41. Water Co. v. Mooney, 12 Cal. 534. Pennsylvania Mg. Co. v. Owens, 15 CaL 135. Lombards . Ferguson, 15 Cal. 372. Roach v. Gray, 16 Cal. 383. Attwood v. Fricot, 17 Cal. 38. English v. Johnson, 17 Cal. 108. Prosser v. Parks, 18 Cal. 47. Gore v. McBrayer, 18 Cal. 582. Downing v. Rankin, 19 Cal. 641. Tunnel Co. v. Stranahan, 20 Cal. 198. Kelley v. Taylor, 23 Cal. 11. Coleman v. Clements, 23 Cal. 245. Maye v. Tappin, 23 Cal. 306. Draper v. Douglas, 23 Cal. 347. Morton r. Solambo Mg. Co., 26 Cal. 527. Hess v. Winder, 30 Cal. 349. Tunnel Co. r. Strauahan, 31 Cal. 387. King v. Randlett, 33 Cal. 318. Pralus r. Jefferson Mg. Co., 34 Cal. 5S9. Pralus v. Pacific Mg. Co., 35 Cal. 30. Bradley v. Lee, 38 Cal. 362. Harvey v. Ryan. 42 Cal. 626. Strang v. Ryan, 46 Cal. 33. Titcomb v. Kirk, 51 Cal. >-. Holland v. M. A. G. Mg. Co., 53 Cal. 149. Gelcich v. Moriarity, 53 Cal. 217. CITATION OF DECISIONS. XXIX MINERAL LA^VS-Continved. Location , record and evidence of: Phoenix Co. v. Lawrence, Sup. Ct., Cal., I8c>0 (unpublished). Myers v. Spooner, Sup. Ct., Cal., 1880 (un- published). Secretary Interior, April 1, 1875, 2 Copp's L. O. 2. Com'r G. L. O., May 16, 1873, Copp's Mg. Dec. 200. Com'r G L. O., Aug. 28, 1876, 3 Copp's L. 0.82. Com'r G. L. O., June 13, 1876, 3 Copp's L. O. 50. Com'r G. L. O., Oct. 20, 1876, 6 Copp's L. O. 122. Com'r G. L O , Sept. 25, 1880, A. H. Hale, H Wash. Law Rep. 652. Mill Sites: Secretary Interior, April 20, 1876, Newark Mill and Mg. Co., 3 Copp's L. O. 67. Com'r G. L. O., Oct. 11, 1872, Golconda Mill Site, Copp's Mg. Dec. 147. Com'r G. L. O., April 16, 1873, Surv.-Gen. New Mexico. Copp's Mg. Dec. 193. Com'r G. L. O., May 20, 1873, R O. Old, Copp's Mg. Dec. 201. Coni'r G. L. O., March 10, 1874, Surv.-Geu. Colo., 1 Copp's L. O. 2. Com'r G. L. O., Oct. 21, 1875, E. T. George, 2 Copp's L. O. 114. Com'r G. L O., Sept. 24, 1879 (unpublished). Notice : Wolfley v. Lebanon Mg. Co., 4 Colo. 112. Secretary Interior, Dec. 5, 1871, Flagstaff Lode, Copp's Mg. Dec. 70. Secretary Interior, Nov. 21, 1873, Eureka v. Jenny Lind, Copp's Mg Dec. 169. Secretary Interior, April 30, 1874, Bell- wether Lode, 1 Copp's L. O. 34. Secretary Interior, Jan. 2, 1875, Kempton Mine, 1 Copp's L. O. 178. Secretary Interior, April 1, 1875, Prince of "Wales Lode et al., 2 Copp's L. O. 2. Secretary Interior, Dec. 1, Ifc76, Omaha Lode, 3 Copp's L. O. 163. Secretary Interior, Dec. 26, 1876, King of the West Lode, 3 Copp's L. O. 162. Com'r G. L.O,Nov. 12, 1873, Secret Canon Lode, Copp's Mg. Dec. 234. Com'rG. L. O., July 21, 1874, Pennsylvania Mine, 1 Copp's L. O. 66 Com'r G. L. O., Nov. 12, 1875, Lake Quick- silver Mg. Co., 2 Copp's L. O. 130. Com'r G. L. O., March 7, 187o, 11. & R, Cen- tral City, Colo., 2 Copp's L. O. 180. Com'r G. L. O., April 29, 1876, C. W. Can- non et al., 3 Copp's L. O. 18. Com'r G. L. O , Jan. 4, 1877, K. & R., Fair- play, Colo. 3 Copp's L. O. 196. Com'r G. L. O., Aug. 26, 1879, Argonaut Mine, 6 Copp's L. O. 92. Com'r G. L. O., Oct. 29, 1879. Com'r G. L. O., April 30, 1880. Partnerships : Bucher v. Mulverhill, 1 Montana, 306. Hughes v. Devlin, 23 Cal. 501. Chase v. The Savage Silver Mg. Co., 2 Nev. 9. Patents : Flagstaff S. Mg. Co. v. Tarbet, 8 Otto, 436. The Eureka Case, 4 Saw. C. C. 302. Wollley v. Lebanon Mg. Co., 4 Colo. 112. St. Louis Uo. v. Kemp, U. S. Cir. Ct., Colo.. 1879 (unpublished). Secretary Interior, Jan. 14, 1873, Wyoming Mine, Copp's Mg. Dec. 152. Secretary Interior, Jan. 2, 1875, Kempton Mine, 1 Copp's L. 0. 178. Secretary Interior, March 22 1875, Four- Twenty Co. v. Bullion Co., 2 Copp's L. O.5. Secretary Interior, April 1, 1875, Prince of Wales Lode et al., 2 Copp's L. O. 2. Secretary Interior, July 29, 1875, H. F. Page, 2 Copp's L. O. 82. Secretary Interior, July 21, 1879, Camp Bird Mine, 6 Copp's L. O. 73. Com'r G. L. O., Jan. 21, 18fc9, G. W. War- ren, Copp's Mg. Dec. 18. MINERAL LANDS -Continued. Patents ; Com'r G. L. O., July 22, 1869, Idaho Co., Copp's Mg. Dec. 21. Com'r G. L. O., April 18, 1870, Cascade S. Mg. Co., Copn's Mg. Dec. 30. Com'r G. L. O.,~Jan. 2, 1872, J. N. Whiting, Copp's Mg. Dec. 76. Com'r G. L. O., Feb. 27, 1872, Kansas Lode, Copp's Mg. Dec. 79. ConiT G. L. O., April 4, 1872, Chicago & Clear Creek Co., Copp's Mg. Dec. 85. Com'r G. L. O., April 5, 1872, Chicago & Clear Creek Co., Copp's Ms. Dec. 88. Com'r G. L. O., Oct. 2, 1672, Vespasian Mine, Copp's Mg. Dec. 146. Com'r G. L. O., March 8, 1873, A. Sutro, Copp's Mg. Dec 162. Com'r G. L. O., Feb. 26, 1873, Hoyt, Sears, & McKee, Copp's Mg. Dec. 213. Coih'r G. L. O., Oct. 23, 1873, C. P. R. R. Co., Copp's Mg. Dec. 227. Com'r G. L. O., March 14, 1874, Dutch Flat Placer, 1 Copp's L. O. 2. Com'r G. L. O., June 22, 1875, Harkness Placer, 2 Copp's L. O. 98. Com'r G. L. O., Oct. 26, 1875, Enuater Lode, 2 Copp's L. O. 114. Com'r. G. L. O., Dec. 29, 1875, South Corn- stock Co. 2 Copp's L. O. 146. Cbm'r. G. L. O., Feb. 25, 1876, J. B. Belford, 2 Copp's L. O. 178. - Com'r. G. L. O., Jan. 15, 1880, Tilden Lode, 6 Copp's L. O. 171. Payment : Com'r G. L. O., Jan. 30, 1873. R. & R., Fair- play, Colo., Copp's Mg. Dec. 157. Placers,- riqht of possession and purchase of: Chapman v. Toy Long, 4 Saw. C. C. 28. Moxon v. Wilkinson, 2 Montana, 421. Secretary Interior, March 4, 1879, Kemp v. Starr, 6 Copp's L. O. 4. Com'rG. L. O.. Feb. 12, 1872, T. N. Stod- dard, Copp's Mg. Dec. 78. Conj'r G. L. O., April 18, 1873, R. & R., Los Angeles, Cal., Copp's Mg. Dec. 194. Com'r G. L. O., April 25, 1874, R. B. Patton, 1 Copp's L. O. 18. Area of placers locataUe Joint entries : St. Louis S. & M. Co. v. Kemp et al., TT. S. Cir. Ct,, Colo., 1879 (unpublished). Campbell v. Adams, U. S. Dist. Ct., Colo., Ib80 (unpublished). Com'r G. L. O., March 1, 1871, A. A. Sar- gent, Copp's Mg. Dec. 40. Com'rG. L. O., Jan. 2-2. 1873, R. & R.,Le Grand. Oreg., Copp's Mg. Dec. 157. Com'r G. L. O., July 10, 1873, R. &R., Fair- play, Colo., Copp's Ms. Dec. 211. Com'r G. L. O., Oct. 23, 173. R. & R., Sacra- mento, Cal., Copp's Mg. Dec. 229. Com'r G. L. O., Nov. 20, 1873, R. &R., Fair- play, Colo., Copp's Mg. Dec. 235. Com'r G. L. O., Nov. 21, 1874, H. F. Page, 1 Copp's L. O. 134. Com'r G. L. O., Sept. 21, 1879, Smith Bros., G. L. O. Rep. 1879, p. 143. Conformity of placers to surveys, and limitation of area : St. Louis S. & M. Co. v. Kemp, et al., U. S. Cir. Ct,, Colo., 1880 (unpublished). Campbell v. Adams, U. S. Dist. Ct., Colo., 1H80 (unpublished). Com'r G. L. O., May 19, 1873, Surv.-Gen. Montana, Copp's Mg. Dec. 200. Possession of placer sunder statute of 'limitations; effect of : Four-Twenty Mg. Co. v. The Bullion Co., 3 Saw.C. C/634.' Davis ?;. Clark, 2 Montana, 310. Maine Boys Co.v. The Boston Co., 37 Cal. 40. Proceedings for patents on placers, and inclwion of lodes : Com'r G. L. O.. Aug. 12, 1873, R. & R., Hel- ena, Montana, Copp's Mg. Dec. 222. Com'rG. L. O., Oct. 17, 1873, R. &R., Sacra- mento, Cal , Copp's Mg. Dec. 226. Com'rG. L. O.. Sept, 18, 1880, Olathe Placer, 7 Copp's L. O. 100. XXX CITATION OF DECISIONS. MINERAL LANDS Confined. Proceedings an patents for placers, and inclusion of lodes : Com'rG. L. O., Sept. 30, 1880, Hillside Plac- er (not reported). Com'r G L. O., Oct. 1, 1880, Hillside Placer (not reported). Possession,- rights of, and enjoyment by locators: Sparrow r. Strong, 3 Wall. 07. Heydenfeldt v. Mining Co., 3 Otto, 634. Forbes v. Gracey, 4 Otto, 762. Jeuuison v. Kirk, 8 Otto, 453. Flagstaff S. Mg. Co. v. Tarbet, 8 Otto, 463. iour-Twenty Mining Co. v. The Bullion Co., 3 Saw" C. C. <)34. The Eureka Case, 4 Saw. C. C. 302. Chapman r. Toy Long, 4 Saw. C. C. 28. Kinney v. Con. Va. Mg. Co , 4 Saw. C. C. 382. Mt. Diablo Mg. Co. v. Callison, 5 Saw. C. C. 439. Hibschle v. Gildersleeve, TJ. S.Dist. Ct., Colo., 1880 (unpublished). Hale & Xorcross r. Storey Co., 1 Xev. 104. People v. Logan, 1 Xev. 109. Leet v. John Dare Mg. Co., 6 Xev. 218. OvemianCo. v. American Mg.Co.,7Xev.312. Golden Fleece Co. v. Cable Co., 12 Xev. 312. Robertson r. Smith, 1 Montana, 412. Atkins v. Heudree, L Idaho. 107. Gold Hill Mg. Co. r. Ish, 5 Oreg. 104. Patterson v. Hitchcock, 3 Colo. 533. Woliley P. Lebanon Mg. Jo . 4 Colo. 112. Fitzgerald v. Urron, 5 Cal. 308. Bridge v. Underwood, 6 Cal. 215. Sims v. Sims, 7 Cal. 149. Merced Mg. Co. v. Fremont, 7 Cal. 317. O'Keiff v. Cuniiingtiani, 9 Cal. 5e9. Men itt v. Judd, 14 Cal. 60. Boggs r. Merced Mining Co., 14 Cal. 279. Henshaw r. Clark, 14 Cal. 461. Clark --. Duval, 15 Cal. 85. Smith v. Doe, 15 Cal. 100. Pennsylvania Mi'. Co. v. Owens, 15 Cal. 135. Esmond v. Chew. 15 Cal. 137. Brown r. 'Forty-nine &. 'Fifty-six Co., 15 Cal. 152. Gillaii v. Hntchinson, 16 Cat. 154. Coryell r. Cain, 1C Cal. 567. A tt wo: id >: Frirot, 17 Cal. 38. English /-..Johnson. 17 Cal. 108. Gore r. Me ura.ver, Irf Cal. >2. Rogers -. Soggs, 22 Cal. 444. llughes v. Devlin, 23 Cal. 501. Ensminger v. Mclntire, 23 Cal. 593. Derail v. Railway Co., 24 Cal. 245. Richardson >: MeXulty,24 Cal. 339. Hess v. Winder, 30 Cai. 34!. Tunnel Co. v. Stranaban, 31 Cal. 387. Gibson v. Puchta, 33 Cal. 310. Levaroni v. Miller, 34 Cal. 231. Plains r. Jeu'erson Mg. Co , 34 Cal. 559. Pralus r. Pacific Mir. Co., 35 Cal. 30. Clark r. Willett, 35'Cal. 535. Maine Boys Co v. Boston Co., 37 Cal. 40. Bradley v. Lee, 33 Cal. 362. Correa v. Frie-tas, 42 Cal. 339. Laird v. Watei ford, 50 Cal. 315. Titcomb ?; Quirk, 51 Cal. 288. Phoenix Co. v. Lawrence, Sup. Ct., Cal., 1880 (unpublished.) Com'r G. L. O., Sept. 26, 1878, Am. Hill Mine, 5 Copp's L. O. 114. Com'r G. L ()., May 4, 18^0, Snrv.-Gen. Col- orado, 7 Copp's L. O. 35. Relocations: Secretary Interior, Nov. 6, 1873, Santa Rita del Cobre Mine, Copp's Mg. Dec. 191. Secretai v Interior May 2-J, ls-78. Empire G. & S. M'g. Co., 5 Copp's L. O. 50. Secretary Interior June 9, 1878, Omaha Soda Mine. 5 Copp's L. O. 66. Com'r G. L. O , April 15, 1873, Santa Rita del Cobre Mine, Copp's Mg. Dec 191. Coni'r G. L. O., Sept. 25, 1873 .11. & R , Cen- tral City. Colo., Copp's M2. Com'r G. L O., April 10, 1877, Bright Point et al. Lodes, 5 Copp's L. O. 51. Com'r G. L. O., Xov. 30, 1877, J. H. Russell Lode, 5 Copp's L. O. 18. Com'r G. L. O , Oct. 20. 1879, Headlight Mine, 6 Copp's L. O. 122. Com'r G. L.O., May 4, 1880, Surv. Gen. Col- orado, 7 Copp's L. O. 35. Com'r G. L. O., June 17, 1880, Orient, Occi- dent, et al., 1 Copp's L. O. 51. Surveyors, dei)ut>j; limit of /uri.idlction of: Com'rG. L. O.. Aug. (i, i.-7-J, W. M. Seawell, Copp's Mg. Dec. 131. Cora'r G. L. O., Xov. 20, 1873, circular, Copp's 4tg. Dec. 319. Sutro. A.,- saving rights of: Secretary Interior Aug. 30, 1878, Sutro v. Occidental Co., 5 Copp's L. O. 98. Com'r G. L. O., March 8, 1873, A. Sutro, Copp's Mg. Dec. 162. Com'r G. L. O . March 29, 1873, R. & R., Carson City, Xev., Copp's Mg. Dec. 179. Com'r G. L. ()., May 27, 1876, Sutro Tunnel Co., 3 Copp's L. 6. 34. Reservation of, from sale : United States v. Gratiot, 14 Pet, 526. United States v. Gear, 3 How. 120. Cooper v. Roberts, 18 How. 73. Secretary c. MoGarraban, 'i Wnll 298. Morton p. Nebraska, 21 Wall. 660. Heydenfeldt v. Mining Co.. 3 Otto, 634. United States w.I'arrott, 1 McAllister, C. C. 272. United States v. Gratiot, 1 McLean, C. C. 454. Indiana r. Miller, 3 McLean, C. C. 151. 3 Op. Att. Gen. 277 : 5 id. 247 ; 7 id. 636; 10 id. 184. Heydenfeldt v. Mining Co., 10 Nev. 290. Gold Hill Co. v. Ish, 5 Oreg. 104. Hicks r. Bell, 3 Cal. 2 19. Stoakes c. Barrett, 5 Cal. 36. People r. Folsom, 5 Cal. 373. Conger v. Weaver, 6 Cal. 54;?. Nims v. Johnson, 7 Cal. 111. CITATION OP DECISIONS. XXXI MINERAL LANDS Continued. Ite&erratwn oj, Jrom sale : Bogg a v. Merced Mg. Co., 14 Cal. 279. Burilgo v. Smith, 14 Cul. :i80. Moore v Srnaw, 17 Cal. 199. Lentz v. Victor, 17 Cal. 272. F eniont v. Seals, 18 Cal. 433. Rupley v. Welch, 23 Cal. 452. DoiW i). Railway Co., 24 Cal. 245. Ah Yew v. Choate, 24 Cal. 5b2. Alford v. Barnuni, 45 Cal. 4,-2. McLangbliij v. Powell, 50 Cat. G4. Secielary Interior, March 4, 1879, 6 Copp's L. O. 4.' Secretary Interior, Dec. 22, 1879, 7 Copp's L 0.23. Coni'r G. L. O., July 29, 1875, 2 Copp's L. O. 82. Coni'r G. L. O., Sept. 30, 1879, 7 Copp's L. 0.4. Com'r G. L. O., March 11, 1872, Copp's Mg. Dec. 304. Com'r G. L. O., circular, April 28, 1880. Tailings : Logan v. Driscoll, 19 Cal. 623. Lincoln v. Rodgers, 1 Montana, 217. Nelson v. O'Xcal, 1 Montana, 284. Gregory v. Harris, 4 } Cal. 38. Stone v. Bumpus, 46 Cal. 218. Rogers v. Cooney, 7 .Nov. ~13. Taxation, liability to : Forbes v. Gracey, 4 Otto. 762. Hale & Noreross v. Storey Co., 1 Nev. 104. People v. Logan, 1 Nov. 109. St ite v. Moore, 12 Cal. 56. Transfers : Mining Co. v. Taylor, 10 Otto, 37. Kinnev v. Con. Va. Mg. Co., 4 Saw. C. C. 382. PMllpotts v. Blasdell, 8 Nev. 61. Weill v. Lucerne Co. 11 Nev. 200. Sullivan v. Hense, 2 Colo. 424. McCairon v. O'Connell.7 Cal. 152. Clark v. McElroy, 11 Cal. 154. Attwood v. Fricot, 17 Cal. 38 Gore v. McBraver, 1* Cal. .582. Tunnel Co. v. Stranahau, 20 Cal. 198. Gatewood v. McLanghlin, 23 Cal. 178. Antonie Co. v. Ridge^Co., 23 Cal. 219. Diaper v. Douglas, 23 Cal. 347. Patterson v. Kov stone Co.. 23 Cal. 575. Richardson v. McNulty, 24 Cal. 339. Cary v. Campbell. 24, Cal. 034. Copper Hill Mg. Co. v. Spencer, 25 Cal. 18. St. John v. Kidd, 26. Cal. 264. Duryea v. Burt, 28 Cal. 569. Hessy. Winder, 30 Cal. 349. Patterson v. Keystone Mg. Co., 30 Cal. 360. Goller v. Fett, 30 Cal. 4-1. Settembre v. Putnam. 30 Cal. 490. King v. Randlett, 33 Cal. 318. Hardeuburgh v. Bacon,33 Cal. 356. BJodgett v. Potosi Mir. Co., 34 Cal. 227. Felger v. Coward, 35 Cal. 650. Myers v. Farquharson, 46 Cal. 190. Tunnclft, rights of owners to : Tunnel Co. v. Pell, 4 Colo. 507. Com'r G. L. O., Sept. 20, 1872, J. B. Chaffee, Copp's Aig. Dec. 144. Com'r G L O., April 15, 1873, G. P. Idrie, Copp's Mg. Dec. 193. Com'r G. L.' O., Aug. 1, 1873, L. S. David, Copp's Mg. Dec. 215. Com'r G. L. O., Nov. 3, 1876, Corning Tun- iiel Co.. 3 Copp's L. 0. 130 Com'r G. L. O., Aug. 31,1877, Surv.-Gen. Col- orado. 4 Copp's L. 0. 10-2. Com'r G. L. O ., Oct. 12, 1W78, David Hunter, 5 Copp's L. 0. 130. MISSISSIPPI RIVLR- Schurmeir v. St. P. &P. R. R. Co., 7 Wall. 272. United States*. M. & St. P. R R., 5 Bissell, C. C. 410. The Clinton Bridge, 1 Woolw. C. C. 150. Northern Union Packet Co. v. Atlee, 2 Dil- lon, C. C. 479. Depcw v Board of Trustees. 5 Ind. 8. Neaderhouscr v. The State, 23 Ind. 257. Middleton v. Britchard, 4 Ills. 510. MISSISS1 PPI RIVER Continued. The People v. St. Louis, 10 Ills. 351. Loviugton v. Co. of St. Clair, 64 Ills. 56. Honck v. Yules, 82 Ills. Ib9. Moore v. Sauborne, 2 Mich. 520. Castuer v. The Steamboat, 1 Minn. 73. Schurmeir v. St. P. & P. R. R. Co., 10 Minn. 82. Rifle v. C. D. & M. R. R. Co., 23 Minn. 18. Biis'mie v. St. P. & P. R. R. Co., 23 Minn. U4. MoManus v. Carmichael, 3 Iowa, 11. Haight v. City of Keokuk, 4 Iowa, 405. Bo\ in on v. Miller, 22 Iowa. 579. Tonilin v. Dubuque and B. & M. R. R. R. Cos., 32 Iowa, 106. DeArmas v. Mayor New Orleans, 5 La. 132. Boy km v. Shaffer, 13 La. Ann. 129. MISSOURI RIVER BL-IISOU v. Marrow, 61 Mo. 345. Holbrook v. Moore, 4 Neb. 437. Com'r G. L. O., exparte Taylor et al., Nov. 5, 1874, 1 Copp's L. O. 155. MOBILE, TOWN OF Pollard's heirs v. Kibbe, 14 Pet. 353. Mobile v. Eslava, 16 Pet. 234. Mobile v. Hallett, 16 Pet. 261. Pollard v. Files, 2 How. 591. Lewis . Goquette, 3 Stew. & Port. (Ala.) 61. Mobile v. Esiava, 9 Port. (Ala.) 577. Mayor of Mobile v. Farmer's heirs, 6 Ala. 738. Baker v. Heirs of Chastang, 18 Ala, 417. Cooi'r G. L O., instructions, March 10, 1831, 2 L. I. & 0. 550. Com'r G. L. O., instructions, May 1, 1835, 2 L. I. . Kentfield, 50 Cal. 129. Com'r G. L. O., ex parte Bradley, Feb. 20, 1874, Copp's L. L. 763. Surrey of, d-c: Secretary Interior, ex parte Macomber, Feb. 2, 1680, 7 Copp's L. O. 57. Com'r G. L. O., instructions, May 23, 1825, 2 L. I. &. O. 850. NAVIGABLE AXI) XOX-XAVIGABLE RIV- ERS. LAKES, SHORES. AXD WA- , TEE-COUESES Continued. Survey of, ilo. 31. Lee v. Parker, i;5 Mo. 35. Gray v. Gives, 26 Mo. 291. Holine r. Strautman, 35 Mo. 293. Clarke v. Hammerle, 36 Mo. 620. McGamant v. Patterson, 39 Mo. 100. Gibson v. Choteau, 39 Mo. 536. lOp. Att. Gen. 163,373,458,534; 2 id. 15; 2 L. I. & O. 14. Secretary Treasury, instructions, March 13, 1829, 2 L. I. & 6.' 298. ConiT G. L. O.. instructions, Oct 6, 1815, 2 L. I. & O. 285. Com'r G. L. O., instructions, May 2, 1818, 2 L. I. & 0.29 1. Com'r G. L. O., instructions, July 5, 1829, 2 L. I. &. O. 303. Com'r G. L. O.. instructions, Aug. 8, 1823, 2 L. I. & O. 371. Com'r G. L. O., instructions, July 10, 1816, 2 L. I & O. 815. Com'r G. L. O., instructions, April 15, 1817, 2 L. I. Mich. 381. Clark v. Hall, 19 Mich. 356. Johnson r. Ballou, 2^ Mich. 379. Sands r. Davis. 40 Mich. 14. Jackson r. Astor, I Pinney (Wis.) 137. Parkinson v. Biocken, 1 Pinney ( \Vis.) 174. Reynolds c. Weis. a7 Wis. 450. Calender v. Smith. 3 Greene (Iowa), 349. Cavender v. Heirs of Smith. 5 Iowa, 157. Fisher r. Wisner. 34 Iowa. 447. W;i:.-rs r. Bush. 42 Iowa, 255. Raiikiu r. Miller, 43 Iowa, 11. Downes v. Scott, 3 Rob. (La.) 84. McGill v. McGill, 4 La. Ann. 262. Terry r. Aeunen, 4 La. Ann. 458. Foley v. Harrison, 5 La. Ann. 75. Pepper v. Dunlap, 9 La. Ann. 137. Kitiridge r. Herbert, 9 La. Ann. 154. Leblanc r. Ludrique, 14 La. Ann. 772. Steinspring v. Bennett. 16 La. Ann. 201. Goodlet v. Smithson, 5 Port. (Ala.) 245. Jones v. Inge, 5 Port. (Ala.) 3-7. Bullock r. Wilson, 5 Port. (Ala.) 338. Hines v. Greenlee, 3 Ala. 73. Rains v. Ware &. Warren, 10 Ala. 623. Stephens v. Westwood, 20 Ala 275. W.uiu r Morris, 10 Ark. 414. Sai-py v. Papin. 7 Mo. 503. Barry r. Gamble, 8 Mo. 88. Carmen v. Johnson, 20 Mo. 108. Hill r. Miller. 36 Mo. Ib2. Summers v. Spybuck, I Kans. 394. Starr v. Stark, 2 Oreg. 118. White r. Allen, 3 Oreg. 103. Gold Hill & Mg. Co. r. Lsh, 5 Oreg. 104. Yount r. Howell, 14 Cal. 465. Xatoma Water Co. r. Clarkin, 14 Cal. 543. Stark v. Barrett, 15 Cal. 362. Doll r. Meador, in Cal. 296. Teschemaker v. Thompson, 18 Cal. 11. Fremont r. Seals, 18 Cal. 433. Leese v. Clark, 18 Cal. 535. Touchard r. Crow, 20 Cal. 150. Leese r. Clark, 20 Cal. Clark r. Lockwood. 21 Cal. 200. Galup r. Armstrong, 22 Cal. 480. Ah Yew v. Choate, 21 Cal. 502. People r. Stratton, 25 Cal. 242. Bond v. Hickman. 32 Cal. 202. Megerle r. Ashe, 33 Cal. 74. Keeran r. Allon, 33 Cal. 542. Keeran . Griffith, 34 Cal. 580. Hestres v. Brennan, 37 Cal. 385. Miller v. Little, 47 Cal. 341. PATENTS Continued. E/ectof: Cquz v. Martinez, 53 Cal. 239. Vansickle v. Haines, 7 Xev. 249. 3 Op. Att. Gen. 240 ; 7 id. 630 : 2 L. I. &. O. 95. Secretary Interior, Dec. 23, 1851, 1 Lester, 549. Secretary Interior, Beck v. C. P. R. R. Co., Jan. 30, 1879, 6 Copp's L. O. 5. Com'r G. L. O., June 21, 176, 3 Copp's L. 0.50. Com'r G. L. O., Bellows et al., March 26, 1877, 4 Copp's L. O. 17. Fraud: United States v. Hughes, 11 How. 552. Field v. Seabury, 19 How. 323. Garlaud i: Wyun, 20 How. 6. Arnold v. Grimes. 2 Greene (Iowa), 77. Bisson v. Curry, 35 Iowa, 72. Wynn v. Garland, 16 Ark. 440. Stephensou v. Smith, 7 Mo. 610. Morgan r. Rutgers. 14 Mo. 585. Hill r. Miller, 36 Mo. I-J. Starr v. Stark, 2 Oreg. 118. 1 Op. Att. Gen. 699 ; 3 id. 259. Secretary Interior, ex parte Gruwell, Jan. 14, 1873 Copp's L. L. 815. In case of deceased persona : Galloway v. Finley, 12 Pet. 264. Morehoiise . Phelps, 21 How. 294. Davenport v. Lamb et al., 13 Wall. 418. Lewis v. Baird, 3 McLean, C. C. 56. Schedd v. Sawyer, 4 McLean, C. C. 181. Gray v. Cotfoian, 3 Dillon, C. C. 393. Lamb v. Starr, 1 Deady, C. C. 447. Reeder v. Barr, 4 Ohio, 449. Wallace v. Miner, 7 Ohio, 249. Jackson r. Williams, 10 Ohio, 69. Sullivant v. Weaver, 10 Ohio, 275. Barnes r. Ware, 10 Ohio, 465. Trumble r. Boothby, 14 Ohio, 109. Stubbletield v. Boggs, 2 Ohio St. 216. Wood r. Ferguson, 7 Ohio St. 288. Drennens v. Walker, 21 Ark. 539. Thompson v. Renoe, 12 Mo. 157. Chant v. Reynold, 49 Cal. 213. 1 Op. Att. Geu., 3ul, 458. Secretary Interior, ex parte Dillon, Nov. 3, 1871, Copp's L. L. 245. Com'r G. L. O.. May 25, 1831, 2 L. I. & O. 445. Com'r G. L. O., circular, June 17, 1875, Copp's L. L. 190. Com'r G. L. O., ex parte Hnbhell, Sept. 25, 1874. Copp's L. L. 246, 654. Com'r G. L. O., ex parte Johannesen, July 25, 1877, 4 Copp's L. O. 108. Issuance of : United States r. The Commissioner, 5 Wall. 563. Le Rov v. Jamison, 3 Saw. C. C. 369. S. C. & P. R. R. Co.r. U.P. R. R. Co., 4 Dil- lon, C. C. 307. United States v. B. & M. R. R. R. Co., 4 Dil- lon, C. C. 397. Ballauce v. McFarden. 12 His. 317. Schnee r. Schnee, 23 Wis. 377. Ludeling v. Vester, 20 La. Ann. 433. Innerai ity v. Mim's heirs, 1 Ala. 660. Allison v. Hunter, 9 Mo. 749. Thomas v. Wyatt, 31 Mo. 188. Steeple v. Downing, 60 Ind. 478. Smith v. Pipe, 3 Colo. 187. Dolph r. Barney, 5 Oreg. 191. Moore v. Smaw, 17 Cal. 199. Middleton v. Low, 30 Cal. 596. Collins r. Bartlett 44 Cal. 371. Miller v. Ellis, 5 1 Cal. 74. Houghton v. Hardenburg, 53 Cal. 181. 1 Op. Att. GenfN4, 45, 191~ 323, 361, 424, 71?; 2 id. 15. 41, 53. 186, 276, 501 ; 3 id. 93. 102. 140. 167, 350, 623, 630, 653 ; 4 id. 150, 319, 320 ; 5 id. 7, 628; 7 id. 491 ; 13 id. 113: 2 L. I. 5, 96, 214, 224, 292, 356. 752, 75:5. Secretary Interior, ex parte Rainbolt, Sept. 28, 1859, 1 Lester, 456. Secretary Interior, ex parte Lowther, April 15, 1851, 1 Lester 611. CITATION OF DECISIONS. XXXV PATENTS- Continued. Issuance of : Secretary Interior, Bissell v. Ferris, Oct. 7, 1658, 1 Lester, 605. Secretary Interior, ex parte Clark, Jan. 5, 1871, Copp's L.L. 494. Secretary Interior, ex parts McGarrahan, Aug. 4, 1871, Copp's L. L. 532. Secretary Interior, ex parte Pueblo lands, Feb. 15, 1872, Copp's L. L. 547. Secretary Interior, Beaubien & Miranda, July 29, 1871, Copp's L. L. 605. Secretary Interior. Rancho LosTrigos, Feb. 28, 1874, Copp's L. L. 607, 611. Secretary Interior, Harmon v. C. R. & M. R. R., August 11, 1876, 3 Copp's L. O. 86. Secretary Interior, City of Grantsville v, Me Bride, 6 Copp's L.'0. 109. Secretary Interior, Scrogiu v. Culver, Dec. 22, 1879, 7 Copp's L. O. 23. Secretary Interior, Whitaker v. S. P. R. R., July 27, 1880, 7 Copp's L. O. 85. Corn'rG. L. O., circular, Nov. 1, 1858, 1 Les- ter, 608. Com'r G. L. O., circular, June 17, 1875, j Copp's L. L. 190. Com'r G. L. O., ex parte kelson, March 26, 1874, Copp's L. L. 232. Com'r G. L. O.. ex parte Hornick, March 11, 1874, Copp's L. L. 253. Com'r G. L. O., M. K. & T. R. R. v. Brock, July 17, 1873, Copp's L. L. 399. Corn'rG. L. O.. circular, July 20, 1675,Copp's L. L.4JU. Com'r G. L. O., Rancho Guadalupe, June 12, 1H72, Copp's L. L. 550. Com'r G. L. O., circular, Oct. 30, 1873, Copp's L. L. 647. Com'r G. L. O., circular, April 15, 1873, Copp's L. L. 670. Com'r G. L. O.. circular, July 20, 1875, Copp's L. L. 732. Com'r G. L. O.. circular, Rancho Ballona, Jan. 3, 1874. 1 Copp's L. O. 5. Com'r G. L O., ICancho La Liebra, 3 Copp's L. 0.133. Com'r G. L. O., ex parte Price, Aug. 27, 1877, 4 Copp's L. O. 9o. Com'r G. L. O., Kendricks, April 3, 1880, 7 Copp's L. O. 69. Jurisdiction over, in equity : Cunningham v. Ashley, 14 How. 377. Field v. Seabury, 19 How. 323, 333. United States v. Stone, 2 Wall. f)2.>. Hughes v. United States. 4 Wall. 232. Minnesota v. Bachelder, 1 Wall. 109. Silvers. Ladd, 7 Wall. 219. Johnson v. Towsley, 13 Wall. 72. Moore r. Robbing, 6 Otto, 530. Le Roy v. Clayton, 2 Saw. C. C. 493. McGhee v. Wright, 16 Ills. 555. Lament v. Stimson, 3 Wis. 545. Bisson v. Curry, 35 Iowa, 72. 1 Op. Att, Gen. 300; 3 id. 240; 4 id. 120. Reservations in : Secretary Interior, Sutro Tunnel Co v. Oc- cidental Mg. Co., Aug. 30, 1878, 5 Copp's L. O. 98. Secretary Interior, Adelaide Mg. Co. v. Camp ' Bird Lode, July 21, 1879, 6 Copp's L. O. 73. Com'r G. L. O., Portland City, Oct. 15, 1858, 1 Lester, 437. Com'r G. L. O., circular, April 26, 1865, Copp's L. L. 664. Com'r G. L. O., Turner, LangeJ al.. June 16, 1873, Copp's L. L. 698. Com'r G. L. O., Seven-Thirty v. Hercules Lode. Aug. 17, 1874, 1 Copp's L. O 82. Com'r G. L. O., The Four-Twenty Mg. Co. v. Bullion Mg. Co., March 22, 1875, 2 Copp's L. 0. 5. Com'r G. L. O., H. F. Page, July 29, 1875, 2 Copp's L. O. 82. Com'r G. L. O., Town-site Central City, Dec. 2-2, 1875, 2 Copp's L. 0. 150. Com'r G. L. O., J. B. Belford, Feb. 25, 1876, 2 Copp's L. 0. 178. PATENTS Continued. Reservations in : Com'r G. L. O., Sutro Tunnel, May 27, 1876, . 3 Copp's L. O. 34. Com'r G. L. O., Town-site Butte, Nov. 23, 1876. 3 Copp's L. O. 131. Com'r G. L. O., Town-site Coalville, April 9, 1877, 4 Copp's L. O. 46. Comr G. L O , Town-site Silver Cliff, Dec. 18, 1879, 6 Copp's L. O. 152. Second patents : 4 Op. Att. Gen. 558 ; 5 id. 7. Secretary Interior, Rancho La Carbonera, March 21, 1873, Copp's L. L. 567. Secretary Interior, Harbinson v. C. & O. R. R. Co., 3 Copp's L. O. 53. Secretary Interior, State of Iowa v. R. R. Cos., Aug. 24, 1876, 3 Copp's L. O. 84. Secretary interior, ex parte McLeod, Sept. 12, 1877, 4 Copp's L. O. 117. Secretary Interior, Streeter v. M. K. & T. R. R., Oct. 12, 1*77, 4 Copp's L. O. 180. Secretary Interior, Rnncho Cuyama, Dec. 19, 187*. 6 Copp's L. O. 127. Secretary Interior, Btickman v. W. P. R. R., Fob. 2(i, 1819, 7 Copp's L. O. 4. Com'r G. L. O , ex parte Gilson, May 28, 1877, 4 Copp's L. O. 50. Virginia lands, patents for : Taylor 2. Median r. Forsythe, 24 How. 175. Balance v. McFarden, 12 Ills. 317. Gray v. McFarden, 12 Ills. 324. Balance v. Tepon, 12 Ills. 326. Rankin r. Curtenius, 12 Ills. 334. Lender v. Kidder, 23 Ills. 49. PERJURY State r. Adams, 4 Blackf. (Ind.) 146. People . Kelly, 38 Cal. 145. Bun-ell v Haw, 48 Cal. 223. Com'r G. L. O , circular, Feb. 29, 1836, 2 L. I. & O. 625. Secretary Interior, ex parte Tremper, Nov. 5, 18?!>'. fi Ci.pn'sL. O. 153. PETALUMA, TOWX OF Bell i\ Tho Bed Rock Tnnnel & Mg. Co. 36 Cal. 214. Jones v. City of Petaluma, 33 Cal. 397. Alemany v. City of Petaluma, 38 Cal. 554. POLISH EXILES Secretary Treasury, May 3, 1836. 2L. L & O. 518. Secretary Treasury, May 7, 1836, 2 L. I. & O. 519. Com'r G. L. O., instructions, July 23, 1834, 2 L. I. & O. 498. PORTERFIELD SCRIP Secretary Interior, Bovard v. Bunn, Nov. 2, 1871,' Copp's L. L 803. Secretary Interior, ex parte, Brown, July 25, 1872. Copp's L. L. 805. Com'r G. L O.,ex parte Weise, Dec. 1, 1875, 2 Copp's L. O. i:<0. Com'r G. L. O., ex parte Carrigan, Aug. 25, Ir76. 3 Copp's L. O. 83. PORTLAND, CITY OF Stark v. Starr, 6 Wall. 402. Lownsdale v. City of Portland, 1 Deady, C .8. Lownsdalev. City of Portland. 1 Oreg. 381. Leland v. City of Portland, 2 Oreg. 46. Starr v. Stark, 2 Oreg. 118. Com'r G. L. O., Portland City Case, Oct. 18. 1878, 1 Lester, 437. PORTLAND LAND CLAIM Lamb v. Davenport. 1 Saw. C. C. 609. Lamb v. Vaughn, 2 Saw. C. C. 161. Shuffleton v. Nelson, 2 Saw. C. C. 540. Starr v. Stark, 2 Saw. C. C. 603. Lowi'sdale v City of Portland, 1 Deady C. C. 1. 39. Fields v. Squires, 1 Deady C. C. 366. POSSESSION Adverse : McClung v. Ross, 5 "Wheat. 116. Ilk-ai-d r. Williams, 7 Wheat. 59. POSSESSION- Continued Adverse : Wilson v. Watkins. 3 Pet. 41. Peyton v. Smith, 5 Pet. 485. Ewing v. Bui-net, 11 Pet. 41. Mizuer v. Vaughn, 2 Saw. C. C. 269. Shuffleton r. Nelson, 2 Saw. C. C. 340. Adams v. Burke, 3 Saw. C. C. 415. The Four-Twenty Mg. Co. v. The Bullion Mg. Co., 3 Saw. C. C. 034. Jackson v. Peter, 1 Paine, C. C. 457. Wallace v. Miner, 6 Ohio, 367. Wallace v. Miner, 7 Ohio, 249. Clark v. Sutherland, 16 Ohio St. 408. Hargis v. The Inhabitants, 29 Ind. 70. Rideway v. Ludlow, 58 Ind. 248, Cook v. Foster, 7 Ills. 652. Woodward v. McReynolds, 2 Pinney (Wis.) 268. Whitney v. Guuderson, 31 Wis. 359. Whitney v. Nelson, 33 Wis. 305. Page v Fowler, 28 Cal. 605. Polack v. McGrath. 32 Cal. 15. Page v. Fow:er, 37 Cal. 100. Mathews v. Ferrea, 45 Cal. 51. Peffer v. Dunlap, 9 Rob. (La.) ?ai. Hallet v. Heirs of Eslava, 3 Stew. & Port. (Ala.) 105. Ivison et al. v Dubois, 27 Ala. 418. Clemens v. Runckle, 34 Mo. 41. Davis v. Tbompson, 56 Mo. 39. Barry v. Otto, 5fi Mo. 177. Secretary Interior, Claw v. Patterson, Oct. 11, 1878, 5 Copp's L.O.I 47. Com'r G. L. O., circular, April 15, 1873, Copp's L. L. 667. Effect of: Barr v. Gray's heirs. 4 Wheat, 213. \V alker v Turner. 9 Wheat. 54 1. United States v. Fatio's & Hallowes' heirs, 8 Pet. 492. United States v. De Haro's heirs, 22 How. 293. United States v. Castro, 24 How. 346. United States v. Chaboya. 2 Black, 593. Peralta v. United States, 3 Wall. 4:14. Serrano v. United States, 5 Wall. 451. Gibson v. Chouteau, 13 Wall. 92. Trenouth v. San Francisco, 10 Otto, 251. Gimmy v. Culverson. 5 Saw. C. C. 605. Sumner v. Colemau, 23 Ind. 91. Davis v. Hopkins, 15 Ills. 519. Godfrey v. Disbrou, Walker's Chan. Rep. (Mich.) }GO. Stocktons. Williams, Walker's Chan. Rep. (Mich.) 547. Bruckner v. Lawrence, 1 Doug. (Mich.) 19. Stockton v. Williams, 1 Doug. (Mich.) 546. Hubbard v. Smith, 2 Mich 207. Cran v. Reeder. 21 Mich. 25, 82. Hicks v. Bell, 3 Cal. 219. Plume v. Sewai d, 4 Cal. 94. Castro v. Gill, 5 Cal. 40. Fitzgerald v. Urton, 5 Cal. 308. Tartar v. Spring Buck Mg. Co., 5Cal.395. Groover v. Hawley, 5 Cal. 485. Conger v. Weaver, 6 Cal. 548. Crandall v. Woods, 8 Cal. 136. Weisner v. Lowery, 1 1 Cal. 104. Rosev. Davis, 11 Cal. 133. Waring v. Crow, 11 Cal. M6. Houseman v. Chase, 12 Cal. 290. McGarrity v. Byington, 12 Cal. 431. Whitney v. Buckman, 13 Cal. 536. Gregory v. McPherson, 13 Cal. 562. Smith v. Doe, 15 Cal. 100. Lentz v. Victor, 17 Cal. 272. C. N. R. R. Co. v. Gould, 21 Cal. 254. Rogers v. Sogs, 22 Cal. 444. Gluckauf v. Reed, 22 Cal. 468. Dyson v. Bradshaw, -.2 Cal. 528. Dbran v. C. P. R. R. Co., 24 Cal. 245. Hastings v. McGrogin, 27 Cal. 85. Page v. Hobbs, 27 Cal. 484. Kile v. Tubbs, 28 Cal. 402. Tyler v. Green, 28 Cal. 406. Pi-ople v. Shearer, 30 Cal. 645. Eic-h r. Manes, 33 Cal. 102. Gibson v. Puchta, 33 Cal. 310. CITATION OF DECISIONS. XXXV11 POSSE SSION Continued. E/ectof: People v. B. D. & C. M. Co., 37 Cal. 54. Holden v. Andrews, 38 Cal. 119. Emerson v. Sansome, 41 Cal. 552. McLean v. Benton, 43 Cal. 467. Slaughter v. Fowler, 44 Cal. 195. Westv. Smith, 52 Cal. 322. Brandt v. Wheatou, 52 Cal. 430. Laudry v. Martin, 15 La. 1. Wilcoxon v. Rogers, 16 La. 6. Giiffin v. Cotton, 1 Hob. (La.) 142. Dickson v. Marks, 10 La. Ann. 518. Sloane v. Moore. 7 Mo. 170. Sarpy v. Papin, 7 Mo. 503. Macklot v. Dubreuil, 9 Mo. 477. Kansas v. Stringfellow, 2 Kaus. 263. Pratt v. You up;, 1 Utab, 347. Fribaugh v. Masterson, 1 Idaho, 153. Colwell v. Smith, ( Wash. Ty. 109. Lownsdalev. City ot Portland, 1 Oreg. 381. Hale & Norcross v Story Co., 1 Nev. 104. People v. Logan, 1 Nev. 109. State v. Real Del Monte Mg. Co., 1 Nev. 523. Lobdell v. Hall, 3 Nev. 507. State of Nevada v. Ebodes, 4 Nev. 312. Treadway v. Sharon, 7 Nev. 27. Rogers v. Coving. 7 Nev. 213. Lake v. Tolles, 8 Nev. 286. Barries v. Sabrou, 10 Nev. 217. 1 Op Alt. Gen. 465, 703. Secretary Interior, Bovard v. Bunn, Nov. X, 1871', Copp's L. L. 80 . Secretary Interior, Dietrick v. Bisscy.May 20, 1876, 3 Copp's L. O. 37. Secretary Interior, Lyons v. Stevens, Sept. 21, 1879, 6 Copp's L. O. 107. Secretary Interior, Lawless v. Anderson, June 5, 1880, 7 Copp's L O. 68. Cbm'r G. L. O , circular, Oct. 21, 1834, 2 L. I. & O. 597. Com 'rG.LO., circular, April 15,1873,Copp's L. L. 667. Juridical : Graham v. United States, 4 Wall. 259. Yan Eeynegan v. Bolton, 5 Ofto, 33. Secretary Ulterior, Rancho Corte Madera del Presidio, Jan. 6, 187-J, Copp's L. L. 532, Secretary Interior, Raucho Huasna, Oct. 24, 1878. Secretary Interior, Eancho Las Virgines, July 11, lw7H. Com'f G. L O, Raucho Huasna, Sept. 29. 1877. Com'r G. L. O., Preston Beck claim, Aug. 14, 1879. What constitutes : United States v. Arredondo, 6 Pet. 691. Elliott v, Pearl, 10 Pet. 412. Stark v. Starr, 1 Saw. C. C. 15. Hariis v. McGovern, 2 Saw. C. C. 515. Fields v Squires, 1 JDeady, C. C. 3(56. People v. htate Treasurer, 7 Mich. 365. Bird v Deunison, 7 Cal. 97. Baldwin v. Simpson, 12 Cal. 560. Wright v. Whiteside, 15 Cal. 46. Garrison v. Sampson, 15 Cal 93. Coryell v. Cain, l(i Cal. 567. English v. Johnson. 17 Cal. 108. "Wolf v. Baldwin, 19 Cal. 306. Commins v. Scott. 20 Cal. 83. Hestres v. Brennan, 21 Cal. 403. Hutton v. Schumaker, 21 Cal. 453. Patterson v. Keystone Mg. Co., 23 Cal. 575. Wixon v. Bear River Co., 24 Cal. 367. People v. Bachelder, 27 Cal. 70. Page v. O'Brien, 36 Cal. 559. Bull v. Frazier, 38 Cal. C93. Wo fskill v. Malejowioh, 39 Cal. 276. "Wilson v Shackleford, 41 Cal. 630. Crowell v. Lanfranco, 42 Cal. 654. Pat tee v. Moyle, 44 Cal. 363. Le Roy v. Cunningham, 44 Cal. 599. Iberg 'v. fciuanet, 47 Cal. 265. GeJcich v. Mortality, 53 Cal. 217. Heirs of Mims v. Higgins, 1 Ala. 676. James v Snelson, 3 Mo. 278. Gale v. Davis, 7 Mo. 541. POSSESSION Continued. What constitutes : Papin v. Hines, 23 Mo. 274. McFarland v. Culbertson, 2 Nev. 280. O'Neal v. Cleveland, 3 Nev. 485. Robinson v. Imperial Silver Co., 5 Nev. 44. Craft v. Carlow, 9 Nev. 50. Eureka Mg. Co. v. Way, 11 Nev. 171. Lechler v. Chapin, 12 Nev. 65. Courtney v. Turner, 12 Nev. 345. Rivers v. Burbank, 13 Nev. 398. Gleason v. Martin White Mg. Co., 13 Nev. 442. Circulars, 2 L. I. & O. 545, 589, 597. Claw v. Patterson, 5 Copp's L. 0. 147. Lyons v. Stevens, 6 Copp's L. O. 107. Lawless v. Anderson, 7 Copp's L. O. 68. POSSESSORY TITLES OF INHABITANTS AFTER CHANGE OF SOVEREIGN- TY American Ins. Co. v. Canter, 1 Pet. 511. Doe v. Hill, Breese, (Ills.) 236. Pnget Sound Ag. Co. v. Pierce Co., 1 Wash. TV. 180. POWER OF ATTORNEY Hunt v. Rousmanier's adms., 8 Wheat. 174. Love v. Simm's lessee, 9 Wheat. 515. McClareu v. Wieker, 8 Ark. 192. MeElyea v. Hayter, 2 Port. (Afa.) 148. 3 Op Art. Gen. 35, 97 ; 2 L. I. & 0. 2; Copp's L. L. 795. POWER OF PRESIDENT TO REVERSE SEC- RETARY Presd't Pierce, Feb. 11, 1857, 1 Lester, 507. Presd't Buchanan, Dec. 12, 1859, 1 Lester, 6c-0. PRE-EMPTION ENTRIES BY MAIL CON- TRACTORS Op. Att. Gen. May 12, 1859, 1 Lester, 486. Secretary Interior to Com'r G. L. O., Oct. 30, 1857, 1 Lester, 463. Secretary Interior, ex parte Stewart et al., Jan. 2G, 185!), 1 Lester, 463. Secretary Interior, ex parte Hill, May 15, 1855, 1 Lester, 464. Secretary Interior, ex parte Bennett et al., Oct. 26, 1858, 1 Lester. 465. Secretary Interior, Apiil 22, 1859, 1 Lester, 486. Secretary Interior, ex parte Emory, May 26, 1859, I Lester, 488. Com'r. G. L. O., circular, Sept. 9, 1857, 1 Les- ter, 459. Com'r G. L. O., to Secretary Interior, Oct. 29, 1857, 1 Lester, 460. Com'r G. L. O., ex parte Stewart et al., March 31, 1858, 1 Lester, 463. Com'r G. L. , April 9, 1859, 1 Lester, 485. PRIVATE LAND CLAIMS Alcalde grants : Merryman v. Bourne, 9 Wall. 602. Alexander v. Roulet, 13 Wall. 387. Palmer v. Low, 8 Otto, 1. Montgomery v. Beam, 1 Saw. C. C. 653. Woodwortti v. Fulton, 1 Cal. 295. Reynolds v. West, 1 Cal. 3J2. Brown v. O'Conner, 1 Cal. 419. Cohas v. Raisin, 3 Cal. 443. Holliday v. West, 6 Cal. 519. Welch v. Sullivan, 8 Cal. 164, Chapin v. Bourne. 8 Cal. 294. Noe v. Card, 14 Cal. 577. Payne v. Treadwell, 16 Cal. 221. Leese v. Clark, 18 Cal. 535. White v. Moses, 21 Cal. 34. Downer v. Smith, 24 Cal. 114. Fuller v. Ferguson, 2(5 Cal. 546. Seabury v. Arthur, 28 Cal. H2. . Rice v. 'Cunningham, 29 Cal. 492. Beach v. Gabriel, 29 Cal. 580. Lick v. Diaz, 30 Cal. 65. Wilson v. Cleveland, 30 Cal. 192. Donner v. Palmer, 31 Cal. 501. Lick v.Diaz, 37 Cal. 437. Garwood v. Hastings, 38 Cal. 216. Broad v. Broad, 40 Cal 493. Romie v. Casanova, 45 Cal. 131. Sill v. Russ, 47 Cal. 295. XXXV111 CITATION OF DECISIONS. PRIVATE LAND CLAIMS Continued. Appeal : Mitchell v. United States, 15 Pet. 52. United States v. Boisdore's heirs, 8 How. 113. United States v. Eitchie, 17 How. 525. Tturhide's ex'r v. United States, 22 How. 290. United States v. "White, 23 How. 249. United States v. Gomez, 23 How. 3^6. Malarin v. United States, 1 Wall. 2e2. United States v. Johnson, 1 Wall. 326. United States v. Auguisola, 1 Wall. 352. United States v. Yorba, 1 Wall. 412 United States v. Morillo, 1 Wall. 706. United States v. E.studillo, 1 Wall. 710. United States v. Billing. 2 \v all. 444. The Fossat Case, 2 Wall. G49. Castio v. United States, 3 Wall. 46. Beard v. Federy, 3 Wall. 478. Uuited States v. Gomez, 3 Wall. 753. Higueras v. Uuited States, 5 Wall. 827. Giisar . McDowell, 6 Wall. 363. Alviso r. United States, 8 Wall. 337. Noe v. United States, 1 Hoffman, L. Cas. 242. Tturbide v. United States, 1 Hoffman, S. Cas. 273. City of San Francisco v. United States, 1 Saw. C. C. 553. 14 Op. Att. Gen. 74. Secretary Interior, Las Animas grant, Oct. 27, It74. Secretary Interior, Las Animas grant, Jan. 23, 1875. Secretary Interior, RanchoElCajon, March 15, 1878, Copp's L. L. 559. Secretary Interior, Bancho Corte Madera, May 28, 1879, 6 Copp's L. O. 52. Secretary Interior, Rancho La Laguna, May 17, 1880, 7 Copp's L. O. 40. Baron de Bastrop grant : United States v. Philadelphia and New Orleans, 11 How. 609. Secretary Interior, ex parte Vester, Maich 31, 1859, 1 Lester, 451. British grant* : Harcourt v. Gaillard, 12 Wheat. 523. Eslavat). Farmer's heirs, 7 Ala. 543. Doe ex dem. Farmer v. Eslava, 11 Ala. 1028. Secretary Treasury, instructions, July 26, 1803, 2 L. I. & O. 7"i9. Secretary Treasury, instructions, May 31, 1804, 2'L. I. & O. '(562. Secretary Treasury, instructions, April 24, 1806, 2 L.I. &O to 3. Secretary Treasury, instructions, April 24, 1806, 2L. I. & O. 795. Secretary Treasury to Com'rs, April 24, 1806, 2 L. I. & O. 674. Secretary Treasury to Coni'rs, Aug. 16, 1806, 2 L. I. & O. 679. Secretary Treasury, circular, March 28, lc<07, 2 L. I. & O. 687. Secretary Treasury, instructions, Oct. 20. 1808, 2 L.I. & O 695. Secretary Treasury, ex parte Ellis el al., July 21, 1809, 2 L. I. & O. 698. Com'f G. L. O., instructions, July 14, 1812, 2 L. I. & O. 704. Com'r G. L. O., instructions, July 31, 1812, 2 L. I. &. O. 706. Com'r G. L. O. to Com'rs, Aug. 7, 1813,2 L. I. & O. 707. Com'r G. L. O.. instructions. March 22, 1819, 2 L. I. &O. 712. Com'r G. L. O., instructions, Aug. 13, 1823, 2 L. I. & O. 717. Com'r G. L. O., instructions, Aug. 4, 1827, 2 L. I. & 0. 876. Com'r G. L. O., instructions, July 20, 1830, 2 L.I. &O. *4>>. Com'r G. L. O., instructions, Feb. 9, 1831, 2 L. I. & O. 74!!. Com'r G. L. O., ex parte Rhea, July 16, i-:r>,2L. I. &O.758. Com'r G. L. O., circular, Oct. 25, 1860, Copp's L. L. 52J. PRIVATE LAND CLAIMS Continued. British grants : Com'r G. L. O., circular, July 18, 1672, Copp's L. L. 525. Com'r G. L. O., circular, Aug. 26, 1872, Copp's L. L. 513. Commissioners : Brown v. Jackson, 7 Wheat. 218. Henderson v. Poindexter, 12 Wheat. 530 Ross v. Borland, 1 Pet. 635. Strother v. Lucas, 6 Pet. 763. United States v. Percheman, 7 Pet. 51. Strother v. Lucas, 12 Pet. 410. McDonogh v. Millaudon. 3 How. 693. Landes v. Brant, 10 How. 348. United States v Ritchie, 17 How. 525. United States v. Fossat, 20 How. 413. United States v. Fossat, 21 How. 445. Magwire v. Tyler, 1 Black, li'5. United States v. Covilland, 1 Black, 339. United States v. Grimes, 2 Black, 610. United States v. Sepulveda, 1 Wall. 104. United States v. Halleck, 1 Wall. 439. Beard v. Federy, 3 Wall. 478. Higueias v. United States, 5 Wall. 827. Lynch v. Bernal, 9 Wall. 315. Williams v. United States. 2 Otto, 457. Boyle v. Hinds, 2 Saw. C. C. 527. Mora v. Foster, 3 Saw. C. C. 469. United States v. Flint, 4 Saw. C. C. 42. Grisar v. McDowell, 4 Saw. C. C. 597. Norton v. Meader, 4 Saw. C. C. 603. Challefoux v. Ducharme, 4 Wis. 554. Hoolerv. Tippet, 8 Mai-tin (La.) 637.' Boatner v. Vantress, 8 Martin (La ) 644. Thomas v. Turnley. 3 Rob. (La.) 206. Archer v. Bacon, 12 Mo. 149. Papin v. Massey, 27 Mo. 445- Magwire v. Tyler, 40 Mo. 406. Semple v. Hagar, 27 Cal. 163. Bernal v. Lynch, 36 Cal. 135. Chipman v. Hastings, 50 Cal. 310. Com'r G. L O., circular, Oct. 25, 1860, Copp'S L. L. 523. Com'r G. L. O , Kancho Niguel, July 9, 1872, Copp's L. L. 564. Com'r G. L. O., Rancho Corte Madera, Sept. 18, 1878. Commons, common-field lots, out-lots, village lots, <&c. : Strother v. Lucas. 12 Pet. 410. Mackay v. Dillon. 4 How. 421. LesBois v. Bramell, 4 How. 449. Menard's heirs v. Massey, 8 How. 293. United States v. Boisdore's heirs, 8 How. 113. Gamache v. Piquignot, 16 How. 451. Guitard v. Stoddard, 16 How. 494. Kissell, v. St. Louis Pub. Schools, 18 How. 19. Savignac v. Garrison, 18 How. 136. Willot v. Sandford, 19 How. 79. Carondelet v. St. Louis, 1 Black 179. Glasgow v. Hortiz, 1 Black, 595. Public Schools v. Walker, 9 Wall. 282. Shepley v. Cowan, 1 Otto. 330. Ma>or, &c.. New Orleans v. Catares, 3 Martin (La.) 675. Clark v. Brazeau, 1 Mo 290. Vasseur v. Benton. I Mo. 212. Janis v. Gurmo, 4 Mo. 458. Gurino v. Jams. 6 Mo. 350. Cerre v. Hook, 6 Mo. 474. Bird v. Montgomery, 6 Mo. 510. Mackay v. Dillon, 7 Mo. 7. Moss v. Anderson, 7 Mo. 337. Hammond v. St. Louis, 8 Mo. 65. Trotter v. Board, t al. v. Greeley, 5 Wall. 326. Serrano v. United Stales,' 5 Wall. 451. PRIVATE LAND CLAIMS Continued. Confirmation : Higueras v. United States, 5 Wall. 827. Grisar v. McDowell, 6 Wall. 3t3. Maiiuire v. Tyler, 8 Wall. G50. Steinbach v. Stewart, 11 Wall. 566. Carpentier v. Montgomery, 13 Wall. 480. Dent v. Emmeger, 14 Wall. 308. Brown v. Brackett, 21 Wall. 387. Langdeaut 1 . Hants. 21 Wall. 521. Connoyer v. SchaelTer, 22 Wall. 254. Morrison ct al. v. Jackson, 2 Otto, 654. Ryan et al. v. Carter ct al.. 3 Otto. 78. Tameling v. U. S. F.L. & E. Co., 3 Otto, 644. Colorado Co. v. Com'i s, Mo 4e9. Mitchell v. HandfieW, 33 Mo. 431. St. Louis Gas Light Co. v. Reiss, 33 Mo. 551. Connoyer v. Washington University, 36 Mo. 481.' Carpenter v. Ramalls, 45 Mo. 584. Le Beau v. Armitage, 47 Mo. 138. Board of Com'rs v. Colorado Imp. Co., 2 Colo. 6-28. Rose v. Davis, 1 1 Cal. 133. Gregory v. McPherson, 13 Cal. 562. Jackson v. Feather River Co. 14 Cal. 18. Leese v. Clark, 18 Cal. 535. Soto v. Kroder, 19 Cal. 87. Clark v. Lockwood, 21 Cal. 220. Rice v. Spouse, 21 Cal. 504. Mahoney v. VanWinkle, 21 Cal. 552. xl CITATION OF DECISIONS. PRIVATE LAND CLAIMS- Continued. Confirmation : Semple ?. Hagar. 27 Cal. 163. Ward r. Muliord, 3-2 Cal. 365. O'Conuell r. Dougherty. 32 Cal. 453. Schmidt v. Giovanari. 43 Cal. 617. Had ley v. Brown. 46 Cal. *OI. 7 Op. Att. Gen. 636, 6*1 ; 9 id. 397, 4?0 ; Sept. 29, 1859, 1 Lester. 640; Nov. f>, 1-7.3. Secretary Interior, Rancho Musalacon, Teh. 23, 1&59. I Lester, i 47. Secretary Interior, Rancho Tularcitos, July 30. 1?59, 1 Lester, 61-2. Secretary Inteiior. Raucho Buelna, Sept 1, 1859, I Lester. 6.J7. Secretary Interior, liancho Sespe, July 31, 1871, Copp's L. L. f>29. Secretary Interior. Rancbo Corte Madera, Jan. 6, 1672, Copp's L. L. 532. Secretary Inteiior. Rancbo LlCajon, March 15. 1872, Copp'a L ! Secretary Interior. Rancho La Carbonera, May 21, 1873. Copp's L. L. 507. Secretary Intel ior, ex Mission San Buena- ventura, Juno 18, li-74, Copp's L. L. 573. Secretary Interior, Rancbo Caslaikayonii, July 13, 1-74, Copp's L. I Secretary Inteiior, Beaubien & Miranda, Dec. 31, 1869, Copp's L. L. 603. Secretary Inteiior Rancho Los Trigos, Feb. 2*. 1674, Copp's L. L. 607. Secretary Interior. Rancho Corral deTierra, J i n*O, Ie75, 2 Copp's L O. 5.'. Secretary Interior. Ortiz mine grant, April 22, 1 876, 3 Copp's L. O. y i. Secretary Interior, liancho Escorpinas, Aug. 17, 1676, 3 Copp's L. O. 90. Secretary Inteiior. Rancbo PalosColorados, Aug. l, 178. 5 Copp's L. O. 1 19. Secret ary Interior, liancho Huasna, Oct. 24, IOTA Com'rG.L.O., Mission la Purisima, June 10. I .-73, Copp's L. L. 507. Com'r G. L. O., ex-Mission San Buenaven- tura, Aug. 1, 1873, Copp's L. L. 568. Com'i- G. L. O., liancho Najalayegua, Sept. 18, 1874, Copp's L. L. 591. Com'r G. L. O., Ortiz mine grant, June 19, I-'..'. 5 Copp's L. O. 5-J. Com'r G. L. O.. Town Chilili, Feb. 12, 1875, 2 Copp's L. O. 101. Com'r G. L. O.. liancho Cajon de Santa Ana, Sept. 18. 1>75, 2 Copp'M L. O. 119. Com'rG.L. O.. liancho Escorpinas, Sept. 24, 1875, 2 Copp's L. O. 135. Com'r G. L. O., Pueblo San Francisco, Xov. 11, 1878, 5 Copp's L. O. 1 U. Construction : Mitchell et al. v. United States, 9 Pet. 711. United States v Auguisola. 1 Wall. 352. Higueras v. United States. 5 Wall 627. Tobin r. Watten's heir, 1 McAllister, C. C. 151. Griffiing r. Gibb, 1 McAllister, C. C. 212. Secretary Interior, Eancho Xovato, Jan. 13. 1859, 1 Lester, 645. Secretary Interior, liancho Musalacon, Feb. 23, 1859, 1 Lester, 647. Secretary Interior, liancbo Pinole et al., Aug. 10, 1*59, 1 Lester C54. Secretary Interior. liancho Bnelna, Sept. 1, 1859,' 1 Lester, 657. Secretary Inteiior, liancho Corte Madera, Jan 6/1872, Copp'w L. L. f;32. Secretary Interior, Beaubien &. Miranda, Dec 3i, 1669. Copp's L. L. 603. Secretary Interior, liancho Los Trigos, Feb. 2-, It74. Copp's L. L 607. Secretary In tei ior. Raucho Corral de Tierra, June 1. l>7.'i. -J ('i.jip's L. O. 53. Secretary Interior, Rancho Escorpinas, Aug. 17, 1676, 3 Copp's L. O. 90. Secretary Intenor, liancho Huasna, Oct. 21. 1 Com'r G. L. O., Mission la Purisima, June 16. 1873, Copp's L. L. 567. Com'r G. L. O.. Rancho Xajalayegua, Sept. 18, Ie74. Copp's L. L. 590. PRIVATE LAND CLAIMS Continued. Construction : Com'r G. L. O.. Rancho Escorpinas. Sept. 24. 1875, 2 Copp's L. O. 135. Com'r G. L. O., Pueblo San Francisco, Xov. 11, 1S78. 5 Copp's L. O. 131. Certificate of Corporation : Richardson v. L Hobart, 1 Stewart (Ala.) 500. Ballet v. Eslava, 2 Stewart (Ala.) 115. Lewis v. Goguctte, 3 Stew. & Port. (Ala.) 61. Hallet v. Heirs of Eslava, 3 Stew. &, Port. (Ala.) 105. Ryder r. Innerarity, 4 Stew. &, Port. (Ala ) Logan r Moulder, 1 Ark. 313. Mill -urn r. Hardy. 28 Mo. 514. Bompart r. Stum'pff, 40 Mo. 446. Com'r G. L. O., instructions, Dec. 5, 1829 2 L. I. How. 334. United States v. Teschmaker, 22 How. 293 United States v. Pico, 22 Hoxv. 406. United States v. Vallejo, 2J How. 416. Dalton v. United States, 22 How. 436. Fuentes v. United States, 22 How. 443. United Sta es v. White, 23 How. 249. United States v. Bennitz, 23 How. 255. United States v. Rose, 23 How. 262. United States v. Osio, 2 1 How. 273. United States v. Noe 23 How. 312. United States v. Alviso, 23 How. 318. United States v. Pico, 23 How. 321. United States v. Gomez, 2:5 How. 326. United States v. Bolton. 23 How. 341. Castro v. Hendricks, 23 How. 438. United States v. Castillero, 23 How. 464. United States v. Murphy, 23 How. 476. Callan et al. v Statham et al., 23 How. 477. Yontz v. United States, 23 How. 495. United States v. Berreyesa. 23 How. 499. Luco v. United States, 23 How. 515. Palmer et al. v. United States, 24 How. 125. United States #. Ghana et al., 24 How. 131. League v. Egery, et al., 24 How. 264. Foote v. Egery 'et al., 21 How. 207. Greer et al. v. Mezes, 21 How. 268. United States v. Castro et al.. 24 How. 346. United States v. Housley. 1 Black, 35. United States v. Knight s adin'r, 1 Black, 227. United States v. Wilson. 1 Black, 267. United States v. Neleigh, 1 Black, 298. United States v. Covilland. 1 Black, 339. Singleton v. Touchard. 1 Black, 342. United States v. Vallejo, 1 Black, 283.541. United States v. Castillero, 2 Black, 17. United States x. Galbraith, 2 Black. 394 United States v. Chaboya, 2 Black, 593. United States v. Grimes, 2 Black, 610. United States v. Sepulveda, 1 Wall. 104. Malarin v. United States, 1 Wall. 242. United States v. D'Aeuirre, 1 Wall. 311. United States v. Johnson, I Wall. 326. United States v. Auguisola, I Wall. 352. United States v. Moreno, 1 Wall. 400. United States v. Yorba, 1 Wall. 412. United States v. Halleck et al.. 1 Wall. 439. Rodrigues v. United States, 1 Wall. 582. United States v. Vnllojo, 1 Wall. 658. White v. United States. 1 Wall. 660. United States v. Morillo, 1 Wall. 706. xlii CITATION OF DECISIONS. PRIVATE LAND CLAIMS Continued. Mexican grants : United States r. Estudillo, 1 Wall. 710. Romero v. United States, 1 Wall. 7-21. United States t. Workman, 1 WalL 745. United States v. Carev Jones, J Wall. 766. Pico r. United Srate.s,'2 WalL 270. United States v. Billing. 2 Wall. 444. The Sutler Case, 2 Wall. 56-2. United States v. Pacheco, 2 Wall. 587. The Fossat Case. 2 Wall. (j49. Castro r. United States, 3 Wall. 46. Peralta v. United States, 3 Wall. 434. Beard v. Federy, 3 Wall. 478. United States v. Circuit Judges, 3 WalL 67.*. United States r. Gomez, 3 Wall. 752. Dehon v. Be*nal 3 Wall. 774. Graham r. United States, 4 Wall. 259. Townaebd r. Greeley. r> Wall. 3-26. United States r. Anuijo, 5 Wall. 444. Serrano v. United States. 5 Wall. 451. United States v. Pico, 5 Wall. 536. De Haro v. United States, 5 Wall. 599. Higueras r. Unite-1 States, 5 Wall. 827. Grisar v. McDowell, jo, I Hoffman, 248. Yturbido v. United States, 1 Hoffman, 273. Pico r. United States, 1 Hoffman, 279. United States r. Bennett, 1 Hoffman, 2S1. United St ites r. Polack, 1 Hoffman, 284. Thurn v. United States, 1 Hoffman, 298. Redman v. United States, 1 Hoffman. 305. Larkin r. United States, 1 Hoffman, 313. Little v. United States, 1 Hoffman, 325. United States v. Fossat, 1 Hoffman, 373. United States v. Limantour, 1 Hoffman, 369. CITATION OF DECISIONS. xliii PRIVATE LAND CLAIMS Continued. Mexican grants : Reynolds v. West, 1 Cal. 322. Vallejo v. Clarke, 3 Cal. 17. Vand'erslice v. Hawks, 3 Cal. 27. Clarkson v. Hawks. 3 Cal. 47. Gunii v. Bates, 6 Cal. 263. Neito v. Carpentier, 7 Cal. 528. Ferris v. Craber, 10 Cal. 589. Waterman v. Smith, 13 Cal. 373. Scott v. Ward, 13 Cal. 458. McGarvey v. Little, 15 Gal. 27. Seaward v. Malatte, 15 Cal. 304. Conevall v. Culver, 16 Cal. 424. Riley v. Heisch, 18 Cal. 198. Estrada v. Murphy, 19 Cal. 248. Lathrop v. Mills, 19 Cal. 514. Leese v. Clark, 20 Cal. 388. Clark v. Lockwood, 21 Cal. 220. Haltoii v. Schumaker, 21 Cal. 453. Pico v. Spence, 21 Cal. 504. Berreyesa v. Schultz, 21 Cal. 513. Mahoney v. Van Winkle, 21 Cal. 552. City of Oakland v. Carpentier, 21 Cal. 643. Carpentier v. Thurston, 24 Cal. 268. Thornton v. Mahoney, -24 Cal. 569. Minturn v. Brower, 24 Cal. 644. Semple v. Hagar, 27 Cal. 163. Wilson v. Castro. 31 Cal. 421. Rich v. Maples, 33 Cal. 102. Mahoney v. Van Winkle, 33 Cal. 448. Hood v. Hamilton, 33 Cal 698. Merrill v. Chapman, 34 Cal. 251. Merrill v. Chapman, 35 Cal. 85. Stevenson v. Bennett, 35 Cal. 424. Bernal v. Lynch, 36 Cal. 135. Piper v. True, 36 Cal. 606. Page v. Fowler, 37 Cal. 100. Moore v. Massini, 37 Cal. 432. Yates v. Smith, 38 Cal. 60. Banks v. Moreno, 39 Cal. 233. City of San Jose v. Trimble, 41 Cal. 536. Sabichi v. Aguilar, 43 Cal. 285. Schmidt v. Giovauaii, 43 Cal. 617. Miller v. Dale, 44 Cal. 562. Mott v. Byes, 45 Cal. 379. Chipley v. Farris, 45 Cal. 527. City of San Diego v. Allison, 46 Cal. 163. Hartley v. Brown, 46 Cal. 201. Wilkius v. McCue, 46 Cal 657. Cassidy v. Carr, 48 Cal. 339. McCauley v. Harvey, 43 Cal. 497. Umbargcir v Chaboya, 49 Cal. 525. Taylor v. Escaudor,' 50 Cal. 428. Heed v. Hartman, 50 Cal. 485. Hartley v. Brown, 5t Cal. 465. McLaughlin v. Fowler, 52 Cal. 203. 7 Op. Att, Gen. 491, 63f> ; 9 id. 108, 397 ; 12 id. 116, 250; 13 id. 387; 14 id. 39, 74, 601, 624; June 13,1878. Secretary Interior, Ran cho Nova to, Jan. 13, 1859, 1 Lester, 645. Secretary Interior, Rancho Musalacon, Feb. 23, 1859, 1 Lester, 647. Secretary Interior, Rancho Posolmi et al., April 27, 1859, 1 Lester, 649. Secretary Interior, Raucho De Tito, July 23, 1859, 1 Lester, 650. Secretary Interior, Rancho Tularcitos, July 30, 1*59, 1 Lester, 652. Secretary Interior, Raucho Pinole et al., Aug. 10, 1859, I Lester, 654. Secretary Interior, Rancho Buelna, Sept. 1, 1859, 1 Lester, 657. Secretary Interior, Rauoho Sespe, July 31, 1871, Copp's L. L. r,29. Secretary Interior, Rancho Corte Madera, Jan. 6, 1872, Copp's L. L. 533. Secretary Interior, Rancho San Barnabe, Feb. 10, Ib72, Copp's L. L. 547. Secretary Interior, Rancho Tajauta, Fob. 21. 1872, Copp's L. L. 548. Secretary Interior, Rancho Guadalupe, March 26, Io73, Copp's L. L. 558. Secretary Interior, Rancho Lompoc, July 23, 18.3. Copp's L. L. 559. Secretary Interior, Rancho El Cajon, .. March 15, 1872, Copp's L. L. 559. PRIVATE LAND CLAIMS Continued. Mexican grants : Secretary Interior, Goatlslaiid, May 3, 1872, Copp's L. L. 563. Secretary Interior, Rancho Sausal Redondo, Oct. 31, 1871, Copp's L. L. 564. Secretary Interior, Rancho Lagnna de la Merced, Sept. 2, 1872, Copp's L. L. 567. Secretary Interior, Raucho La Brea, March 21.1873, Copp's L.L. 507. Secietary Interior, Raucho La Carbonera, May 21, 1873, Copp's L. L. 5^7. Secretary Interior, ex-Mission San Buena- ventura, June 18, 1874, Copp's L. L. 573. Secretary Interior, Rancho Las Animas, June 29, 1874, Copp's L. L, 577. Secretary Interior, Rancho Alisal, Oct. 8, 1873, Copp's L. L. 577. Secretary Interior, Rancho Cuyamaca, July 15. 1874, Copp's L. L. 589. Secretary Interior, Rancho San Miguelito, March 17, 1874, Copp's L. L. 589. Secretary Interior, Rancho Caslamayoml, July 13, 1874, Copp's L. L. 589. Secretary Interior, Beaubien & Miranda, Dec. 3i, 1869, Copp's L. L. 603. Secretary Interior, Beaubien & Miranda, July 27, 171, Copp's L. L. 605. Secretary Interior, Los Trigos, Feb. 28, 1874, Copp's L. L. 607. Secretary Interior, Los Trigos, Dec. 5, 1874, Copp's L. L. 611. Secretary Interior, Vigil & St. Vrain, Jan. 23. 1875, Copp's L. L. 611. Secretary Interior, Rancho Corral de Tierra. June 1, 1875, 2 Copp's L. O. 53. Secretary Interior, Rancho Los Huecos, Feb. 4, 1876, 2 Copp's L. O. 182. Secretary Interior, Otriz mine grant, April 22, 1876, 3 Copp's L. O. 23. Secretary Interior, Rancho Escorpinas, Aug. 17, 1876, 3 Copp's L. O. 90. Secretary Interior, Rancho Piedra Blanca, Aug. 8, 1876, 3 Copp's L. O. 98. Secretary Interior, La Liebra, 3 Copp's L. O. 133. Secretary Interior, Rancho Cuyama No. 1, Dec. 30, 1876, 3 Copp's L. O. 164. Secretary Interior, Beaubien & Miranda, March 16, 1877, 4 Copp's L. O. 4. Secretary Interior, Rancho Caslamayomi, Oct. 9, 1877, 4 Copp's L. O. 144. Secretary Interior, Rancho Laguna Palos Colorados, Aug. 9, 1878, 5 Copp's L. O. 119. Secretary Interior, Rancho Entre Napa, May 17, 1879, 6 Copp's L. O. 36. Secretary Interior, Raucho Cuyama No. 2, Dec. 19, 1878, 6 Copp's L. O. 127. Com'r G. L. O., Rancho Guadalupe, June 12, 1872, Copp's L.L. 551. Com'r G. L. O., Rancho Niguel, July 9, 1872, Copp's L. L. 564. Com'r G. L. O., Rancho Laguna de la Mer- ced, May 3, 1872, Copp's L. L. 567. Com'r G. L. O., Mission la Purisima, June 16, 1873, Copp's L. L. 557. Com'r G. L. O., ex-Mission San Buenaven- tura, Aug. 1, 1873, Copp's L. L. 568. Com'r G. L. O., Rancho Las Auimas, Oct. 3, 1873, Copp's L.L. 574. Com'r G. L. O., Rancbo Cuyamaca, Nov. 25, 1873, Copp's L. L. 577. Com'r G. L. O., Rancho Najalayegua, Sept. 18. 1874, Copp's L, L. 590. Com'r G. L. O., Rancho Los Huecos, March 20. 1875, 2 Copp's L. 0. 12. Com'r G. L. O., Ortiz mine grant, June 19, 175, 2 Copp'* L. O. 52. Com'r G. L. O., Rancho Corral de Tierra, June 529, 1875, 2 Copp's L. O. 85. Com'r G. L. O., Rancho Las Virgines, Nov. 3, ] 874, 2 Copp's L. O. 84. Com'r G. L. O., Town of Chilili, Feb. 12, 1875, 2 Copp's L. O. 101. Com'r G. L. O., Rancho San Juan Cajon, &c., Sept. 18, 1875, 2 Copp's L. O. 119. Com'r G. L. O., Rancbo Escorpinas, Sept. I 24, 1875, 2 Copp's L. O. 135. xliv CITATION OF DECISIONS. PRIVATE LAXD CLAIMS Continued. Mexican grants: Cora'r G. L. O., Rancho Cnyama Xo. 1, Oct. 28, 1875, '2 Copp's L. O. 104. Com'rG. L. O., Rancho Santa Margarita y La.s Flores, 3 Copp's L. O. 133. Com'r G. L. O., Ilancho Posolmi, 3 Copp's L. O. 133. Com'rG. L. O., Rancho San Antonio, Jan. 2J, 1877, 3 Copp's L. O. 1L!9. Convr G. L. O., Pueblo San Francisco, Xov. 11, 1878, 5 Copp's L. O. 131. Com'r G. L. O., Rancho Cabeza de Santa Rosa, Dec. 2, 1878, 5 Copp's L. O. 143. Com'r G. L. O., Baca claim Xo. 4, March 21, 1679, 6 Copp's L. O. 127. Mission lands: United States v. Ritchie, 17 How. 525 United States <:. Cervantes, 18 How. 553. United States v. Bolton. 23 How. 341. United States >:. Wilson, 1 Wall 267. United Sutes v. Workman, 1 Wall. 745. United States i: Carey Jones, 1 Wall. 766. Mora v. Foster, 3 Saw. C. C. 469. Larkiii v. United States. 1 Hoffman, L. Gas. 313. Brown r. O'Conner. 1 Cal. 419. Den v. Deu, 6 Cal. 81. Xobili i-. lie. I man, 6 Cal. 325. "Welch r. Sullivan, 8 Cal 164. Brown v. San Fi ancisco, 1C Cal. 452. 9 Op. AtL Gen 3.9; 14 id 1-2. Secretary Interior, ex Mission San Buena- ventura, June 18, 174, Copp's L. L. 573. Secretary Interior. Mission St. James, May 10, Ie72, Copp's L. L. 7."> .-. Secretary Interior, Mission Santa Rosa v. Bisseli, Dec. 3. 1873. Secretary Interior, Dalles Mission Station, March 15. Ie75. Com'r G. L. O.. Mission la Purisima, June 16, 173, Copp's L. L. 567. Coni'r G. L O. ? ex-^Ir*sion San Buenaven- tura. Aui_ r . 1. l-<3, Copp's L. L. 568. Com'r G. L. O.. Mission Santa Rosa v. Bis- sell, Jan. -27, 172. Patent : City of Xew Orleans r. De Armas et al., 9 Pet. 223. Chouteau c. Eckhart, 2 How. 344. Menard's heirs - - . Mas-.-v. * How. 293. Laudes v. Brant, 10 How. H4-. Ledoux et al. v. Black et al , 18 How. 473. United Stares r. Larkin. 18 How. 557. Spencer v. Lap>ley, 20 How. 204 Easton v. Salisbury, 21 How. 426. Castro v. Hendricks, 23 How. 43-. Greer et al. v. Mezes. 2 1 How. 268. O'Brien r. Perry, I Black, 13-2. Gregg v. Tesson, 1 Black, 150. Mauwire v. Tyltr, 1 Black, 195. United State* 9. Covilland, 1 Black, 339. Dredge r. Forsyth', 2 Black, ~>W. United Stau-s /-. Grimes -2 Black, 610. Hogan r. Pa^e. -2 \Va 1. 605. Beard jr. Federy. 3 Wall. 478. Townsend et at. r. Greeley, 5 WalL 320. Reichart r. Felps, 6 Wall 160. White r. Cannon, 6 Wall. 443. Maguire v. Tyler, 8 Wall. 650. Secretary v. McGarrahan. 9 Wall. 298. Meader v. Xortou, 11 Wall 44-2. Gibson v. Chouteau, 13 Wall. 92. L-ujirdeau V. Hanes, 21 Wall. 5Jl. Miller et al. r. Dale et al , 2 Otto, 473. Morrison r. Jackson, 2 Otto, 654. McGarrahan >. Mining Co., 6 Otto, 316. Snyder r. Sickles. 8 Otto. '203. Hardy r. Harbin, 1 Saw. C. C. 194. Bissell v. Henshaw, I Saw. C. C. 553. Boyle v. Binds, 2 Saw. C. C. 527. Dode v. Perez, 2 Saw. C. C. 645. L-Roy r. Jamison, 3 Saw. C. C. 369. Hardy v. Harbin. 4 Saw. C. C. 536. Tripp r. Spring, 5 Saw. C. C. 209. Jackson v. Astor, 1 Pinney (Wis.) 137. Waterman c. Smith, 13 Cal. 373. Scott r. Ward, 13 Cal. 458. Boggs v. Merced Mining Co., 14 Cal. 279. PRIVATE LAXD CLAIMS- Continued. Patent : Yonnt r. Howell, 14 Cal. 465. Xatoma Water Co. r. Clark in, 14 Cal. 543. Mott v. Smith. 16 Cal. 5 54. Moore v. Srnaw, 17 Cal. 199. Ely r. Frisbie, 17 Cal. 250. Teschmacher v. Thompson. 18 Cal. 11. Fremont r. Seals, 18 Cal. 433. Leese r. Clark, 18 Cal. 535. Touchard r. Crow, 20 Cal. 150. Leese v. Clark, 20 Cal. 388. Clark p. Lockwood, 21 Cal. 220. Kimball v. Semple, 25 Cal. 441. Semple v. Hagar, 27 Cal. 163. Hagar r. Lucas, 29 Cal. 309. Salmon r. Lymonds, 30 Cal. 301. Men-ill v. Chapman, 35 Cal. 85. Moore r. Massiui, 37 Cal. 43:7. Chipley r. Fan-is, 45 Cal. 527. McGarrahan v. The Xew Idria Mg. Co., 49 Cal. 331. Miller i-. Ellis, 5 1 Cal. 73. Hartley v. Brown, 51 Cal. 465. Cruz f. Martinez, 53 Cal. 239. 1 Op. Att. Gen. 108; id. 351, 653, 697; 7 id. 4Ul,.fi3ti,6e ues, 9 How. 127. Landes v. Brant, 10 How. 348. Robinson v. Minor, 10 How. 627. United States v. Roselius. 15 How. 36. United States v. Ducros, 15 How. 38. White v. Wells, 5 M-trtin (La.) 652. Fay v. CBambers, 4 La. Ann. 481. Fowler v. Duval, 11 La. Ann. 561. Kixon v. Hamilton, 20 La. Ann. 515. Hallett et al. v. Doe ex dem. Hunt, 7 Ala. 882. Masiee v. Doe, ex dcm. Hallett et al, 22 Ala. 699. Minturn v. Brower, 24 Cal. 644. Banks v. Moreno, 30 Cal. 233. Cassidy r. Carr, 48 Cal. 339. Pueblos : Townsend v. Greeley, 5 Wall. 326. Serrano r. United States, 5 Wall. 451. Grisar?;. McDowell, 6 Wall. 363. Lynch c. Berual, 9 Wall. 315. Merryman v. Botrrne, 9 Wall. 592. Alexander r. Ron let, 13 Wall, 386. Palmer v. Low, 8 Otto, 1. City of Brownsville r. Cavazos et al. 10 Otto, 138. CITATION OF DECISIONS. xlv IIVATE LAND CLAIMS Continued. Pueblos : Montgomery v. Bevans, 1 Saw. C. C. 653. United States v. Carr, 3 Saw. C. C. 477. City of b'au Francisco v. United States, 4 Saw. C. C. 553. Grisar v. McDowell, 4 Saw. C. C. 597. United States v. Hare, 4 Saw. C. C. 653. Tripp v. Spring, 5 Saw. C. C. 209. Cohas v. Raisin, 3 Cal. 443. Welch v. Sullivan, 8 Cal. 164, Hart v. Burnett, 15 Cal. 520. Paine v. Treadwell, 16 Cal. 221. Brown v. San Francisco, 16 Cal. 452. Leese v. Clark, 18 Cal. 535. Fulton v. llanlon, 20 Cal. 450. Donner v. Smith, 24 Cal. 114. Brahan v. Mayor, &c., 24 Cal. 585. Fuller v. Ferguson, 26 Cal. 546. Eedding v. White, 27 Cal. 282. Beach v. Gabriel, 2, 1873. Settlement claims under Spanish and Mexican authority : King v. Martin, 5 Martin (La.) 197. Carmichael v. Briber, 8 Martin (La.) 727. Higgins v. McMicken, 1 La. 53. Le Blanc v. Victor, 3 La. 44. Swift v. Williams, 3 La 234. De La Houssaye v. Saunders, 4 La. 443. Henton v. Pon'talla. 1 Rob. (La.) 355. Kiddle v. Katiir, 8 La. Ann. 106. Pepper y. Duulap, 9 La. Ann. 137. Innerarity v. Heirs of Mims, 1 Ala. 660. Pollard's heirs v. Files, 3 Ala. 47. Doe ex dern. Kennedy's heirs v. Jones, 11 Ala. 63. Mott v. Byns, 45 Cal. 379? Com'r G. L. O., circular, Oct. 25, 1860, Copp's L. L. 5:>3. Com'r G. L. O., ex parte. Wedge, July 14, 1873. Copp's L. L. 517. Spanish grants : Henderson v.Poindexter'slessee, 12 Wheat. 530. DelaCroixv. Chamberlain, 12 Wheat. 599. Foster & Elam v. Neilson, 2 Pet. 253. United States v. Arredondo, 6 Pet. 691. United States v. P, : rcheman, 7 Pet. 51. United States v. Clarke, 8 Pet. 436. United States v. llichard, 8 Pet. 470. United States v. Huertas, 8 Pet. 475. United States v. Gomez, 8 Pet. 477. United States v. Fleming's heirs, 8 Pet. 478. United States v. Levi, 8 Pet. 479. United States v. Younge, 8 Pet. 484. United States v. Hernandez, 8 Pet. 485. PRIVATE LAND CLAIMS Continued. Spanish grants : United States v. Huertas, 8 Pet. 488. United States v. Fatio's heirs, 8 Pet. 492. United States v. Gibson, 8 Pet. 494. United States v. Clarke, 9 Pet. 168. United States v. Huertas, 9 Pet. 171. City of New Orleans v. De Armas et al., 9 Pet. 223. Mitchell et al. v. United States, 9 Pet. 711. United States v. Fernandez et al., 10 Pet. 303. United States v. Segui, 10 Pet, 306. United States v. Chaires, 10 Pet, 308. United States v. Seton, 10 Pet. 309. United States v. Sibbald. 10 Pet, 313. Smith v. United States, 10 Pet. 326. Wherry et al. v. United States, 10 Pet. 338. United States v. Mills' heirs, 12 Pet. 215. United States v. Kingsley, 12 Pet. 476. Garcia v. Lee, 12 Pet. 511. United States v. Delespine's heirs, 12 Pet. 654. United States v. Levy, 13 Pet. 81. United States v. Dru'iumond, 13 Pet. 84. United States v Burgevin, 13 Pet. 85. United States v. Arredoudo's heirs, 13 Pet. 88. United States v. Arredondo's heirs, 13 Pet. 133. Keene v. Whitaker, 14 Pet. 170. United States v. Wiggins, 14 Pet. 334. Pollard's heirs v. Kibbe, 14 Pet. 353. United States v. Waterman's heirs, 14 Pet. 478. United States v. Rodman, 15 Pet. 130. United States v. Forbes, 15 Pet. 173. Buyck v. United States, 15 Pet. 215. United States v. Delespine's heirs, 15 Pet. 226. O'Harav. United States, 15 Pet. 275. United States v. Delespine's heirs, .15 Pet. 319. United States v. Breward, 16 Pet, 143. United States v. Miranda. 16 Pet. 153. United States v. Low, 16 Pet. 162. United States v Hanson, 16 Eet. 196. United States v. Clarke's heirs, 16 Pet. 228. United States v. Acosta, 1 How. 21. Chouteau v. Eckhart, 2 How. 344. Pollard's leswee v. Files, 2 How. 591. Pollard's lessee v. Hagan, 3 How. 202. Pollard v. Hagan, 3 Bow. 212. United States v. Marvin, 3 How. 620. Hickey's lessee v. Stewart, 3 How. 750. United States v. King. 3 How. 773. Les Bois v. Bramell, 4 How. 449. United States v. Lawtou, 5 How. 10 Kennedy's heirs v. Hunt's lessee, 7 How. 586. Menard's heirs v. Massey, 8 How. 293. Bissell v. Pcnrose. 8 How. 317. United States v. Re.ynes, 9 How. 127. La Roche v. Jones, 9 How. 155. Davis v. Police jury of Concordia, 9 How. 280. Goodtitle v. Kibbe, 9 How. 471. Landes v. Brant, 10 How. 348. Villalobos v. United States, 10 How. 541. Robinson v. Minor, 10 How. 627. United States v. Boisdore, 11 How. 63. Blanc v. Lafayette, 11 How. 104. Lecomptev. United States, 11 How. 11?. United States v. Power's heirs, 11 How. 570. United States v. Philadelphia, 11 How. 609. United States v. Turner, 11 How. 663. United States v. Moore, 12 How. 209. United States v. Simon, 12 How. 433. United States v. Le Blanc, 12 How. 435. United States v. Castant, 12 How. 437. United States v. Hughes, 13 How. 1. Glenn v. United Stntes, 13 How. 250. De Vilemont's heirs v. United States, 13 How. 21)1. United States v. Heirs of Rillieux, 14 How. 189. United States v. Gusman, 14 How. 193. Marsh v. Brooks, 14 How. 514. United States v. Davenport's heirs, 15 How. 1. xlvi CITATION OF DECISIONS. PRIVATE LAXD CLAIMS Continued. Spanish grants : United States v. Patterson, 15 How. 10. United States v. Roselius, 15 How. 31. United States v. Ducros, 15 How. 38. Delauriere v. Emison, 15 How. 5:25. McCabe v. Worthington, 16 How. 86. Chouteau v. Molonv, 16 How. 203. Doe v. Braden, 16 How. 635. Ham v. Missouri, 18 How. 126. Stanford r. Taylor, 1 How. 409. Ledoux et al. v. Black et al., 18 How. 473. "Willot et al. v. Sand ford, 19 How. "59. Cousin v. Blanc, 19 How. 202. United States v. Peralta, 19 How. 343. United States v. Sutherland, 19 How. 363. Easton r. Salisbury, 21 How. 426. Berthold v. McDonald et al. 22 How. 334. Massey et al. v. Papin, 24 How. 362. O'Brien v. Perry, 1 Black, 132. Magwire v. Tyler, 1 Black, 195. United States v. Aujruisola. 1 Wall. 352. Beard v. Federy, 3 Wall. 478. Lanfear r. IJunley, 4 Wall. 204. Higueras v. United States, 5 Wall. 827. "Whiter. Cannon, 6 Wall. -443. Maguire r. Tyler, 8 Wall. 650. United States v. Lynde, 1 1 Wall. 632. United States v. Innerarity, 19 Wall. 595. Morrison et al. r. Jackson, 2 Otto, 654. Kyan ct at v. Carter et al., 3 Otto, 78. McMicken r. United States, 7 Otto. 204. United States v. Watkins. 7 Otto, 219. Snyder r. Sickles, 8 Otto, 203. Sciill r. United States, 8 Otto, 410. United States v. Baltimore, 8 Otto, 424. Glenn v. United States, 1 Hemp. C. C. 385. Villemont r. United States. 1 Hemp. C. C. 389. Mayor, &c.. Xew Orleans v. Metzinger, 3 Martin (La.) 296. Consonliu i\ Brahear, 5 Martin (La.) 33. White r. Wells, 5 Martin (La.) 652. "Loatner r. Yantness, 8 Mai-tin (La.) 644. Palfrey r. Martin, 3 La. 4<\ La Blanc v. Victor, 3 La. 44. De La Honssaye v. Saunders, 4 La. 443. De Armas v. Mayor of Isew Orleans, 5 La. 132. Rnbas v. Bennett, 5 La. 271. Landry r. Martin, 15 La. 1. Murdock r. Gurley, 5 Hob. (La.) 458. Choppin v. Michel, 11 Kob. (La.) 233. Lafayette r. Blanc, 3 La. Ann. 59. Purvis r. Harmanson, 4 La. Ann. 421. Innerarity r. Byrne, 8 Port. (Ala.) 176. City of Mobile r. Eslava. 9 Port. (Ala.) 577. Eslava's heirs r. Bollivy et al., 22 Ala. 721. Tapley r. Labeamn, 1 Mo. 550. Wadcungbm v. Gamble, 4 Mo. 465. Wright r. Thomas. 4 Mo. 597. Ashley v. Cramer, 7 Mo. 98. Harvey r. Rusch, 07 Mo. 551. 1 Op. Att. Gen. 108, 463; 2id. 101; 3rd. 351. Secretary Treasury, instructions, July 27, 1803, 2'L. I. & O. 655, Secietary Treasury, instructions, MarchSO, 1805, 2 'L.I. &O.666. Secret ary Treasury, instructions, July 2, 1805, 2 'L.I. &O.667. Secretary Treasury, instructions, Nov. 5, 1805/2L.L&O.671. Secretary Treasury, instructions, March 25, lfc06,2'L.I. &O.U72. Secretary Treasury, instructions, Sept. 8, lt-06, 2 L. I. & O. 681. Secretary Interior, ex parte Clark, Jan. 5, 1871, Copp'a L. L. 494. Secretary Interior, ex parte Lynde, Aug. 4, 1875, Copp's L. L. 79o. Secretary Interior, ex parte Hardee, April 8, 1878, 5 Copp's L.0. 103. Secretary Interior, ex parte Sherman, 6 Copp's' L. O. 1-28. Com'r G. L. O., instructions, Feb. 17, 1831, 2 L. I. . Fossat, 20 How. 413. United States v. Fossat, 21 How. 445. Castro v. Hendricks, 23 How. 438. Ballance v. Forsyth tt al., 24 How. 183. Greer et al. v. Mezes, 24 How. 268. Carondelet v. St. Louis, 1 Black, 179. Magwire v. Tyler, 1 Black, 195. United States v. Sepulveda, 1 Wall. 104. United States v. Hal leek et al, 1 Wall. 439. Rodrigues v. United States, 1 Wall. 582. United States r. Vallejo, I Wall. 658. United States v. Estudillo, 1 Wall. 710. United States r. Billing, 2 Wall. 444. The Sntter Case, 2 Wall. 562. United States v. Pacheco, 2 Wall. 587. United States v. Fossat, 2 Wall. 649. Dehon v. Bernal, 3 Wall. 774. Graham v. United States, 4 Wall. 259. United States v. Armijo, 5 Wall. 444. Higueras %. United States, 5 Wall. KJ7. Alviso v. United States, 8 Wall. 337. Maguire , 3 Copp's L. O. 23. Secretary Interior, Bancho Piedra Blanca, Aug. e, 176, 3 Copp's L. O. 98. Secretary luterior, Bancho Cuyama et al., Dec. 'M, 1876, 3 Copp's L. O. 165. Secretary Interior, instructions, March 16, 1877, 4 Copp's L. O. 4. Secretary Interior, Bancho Sausal Bedondo, Aug. i, 18"<7, 5 Copp's L. O. 5. Secretary Interior, Banctio Laguna Palos Colorados, Aug. 9, 1878, 5 Copp's L. 0. 119. Secretary Interior, Pueblo San Francisco, Nov. 11, la78, 5 Copp's L. O. 131. Secretary Interior, Bancho Entre Napa, May 17, 179, 6 Copp's L. O. 36. Secretary Interior, Baucho Cuyama No. 2, Dec. 19, Ib78, 6 Copp L. O. 127. Secretary Interior. Preston Beck, Aug. 21, 1880, 7 Copp's L. O. 109. Com'r G. L. O., instructions, Sept. 13, 1866, Zab. L. L. 606. Com'r G. L. O., instructions, March 18, 1870, Copp's L. L. 452. Com'r G. L. O., instructions, Aug. 13, 1872, Copp's L. L. 528. Com'r G. L. O., Bancho Niguel, July 9, 1872, Copp's L. L. 565. Com'r G. L. O., ex-Mission, San Buenaven- tura, Aug. 1, 1873, Copp's L. L. 568. Com'r G. L. O., Bancho Las Animas, Oct. 13, 1873, Copp's L. L. 5,4. Com'r G. L. O., Bancho Cuyamaca, Nov. 25, Ib73, Copp's L. L. 577. Com'r G. L. O., Baucho Nnjalayegua,. Sept. 18, 1^74, Copp's L. L. 580. Com'r G. L. O., Baucho Las Animas. Oct. 31, 1873, 1 Copp's L. O. 101. Com'r G. L. O., Bancho Alisal, April 5, 1873, 1 Copp's L. O. 116. Coin'r G. L. O., Bancho Corral de Tierra, Oct. 30, 1874, 1 Copp's L. O. 140. Com'r G. L. O., Bancho Los Trigos, Aug. 29, 1874, 1 Coup's L. O. 150. Com'r G. L. O., Ortiz mine grant, June 19, Ib75, 2 Copp's L. O. 52. Com'r G. L. O., Baucho Las Virgines, Nov. 3, 1874, 2 Copp's L. O. 84. Com'r G. L. O., Corral do Tierra, June 29, 1875, 2 Copp's L. O. 85. Com'r G. L. O., Baucho Cuyama, Oct. 28, 1875, 2 Copp's L. O. 164. Com'r G. L. O., Baucho Cabeza de Santa Bosa, Dec. 2, 178, 5 Copp's L. O. 148. Spanish and Mexican laws : Strother v. Lucas, 12 Pet. 410. United States v. Delespine, 15 Pet. 319. Les Bois v. Brauiell, 4 How. 449. IHssell v. Pen rose, How. 317. Lecompte v. United States, 11 How. 115. Uuited Status v. Power's heirs, 11 How. 570. United States v. Turner, 11 How. 663. Uuited States v. Moore, 12 Ho>v. 209. xlviii CITATION OF DECISIONS. PRIVATE LAXD CL AIMS -Continued. Spanish and Mexican laws : United States v. Simon, 12 How. 433. United States v. Ritchie, 17 How. 5-25. United States v. Cambuston, 20 How. 59. United States r. Hartuell's ex's, 22 How. 286. United States v. Teschmaker et al., 22 How. 392. Dalton v. United States, 22 How. 436. United States v. Pico, 23 How. 321. United States v. Bolton, 23 How. 341. Palmer et al. v. United States, 24 How. 125. League v. Egery et al., 24 How. 264. Foote v. Egery et al., 24 How. 267. United States v. Hciisley, 1 Black, 35. United States v. Knight's adui'r, 1 Black. 227. United States v. Vallejo, 1 Black, 541. United States v. Castillero, 2 Black, 17. Hornsby v United States, 10 Wall. 224. Tameling v. U. S. F. L. & E. Co., 3 Otto, 644. Van Reynegan v. Bolton, 5 Otto, 33. Trenier et al. v. Stewart, 11 Otto, 797. Den v. Hill, 1 McAllisterC. C. 480. United States v. Hartnell, 1 Hoffman L. Cas. 2U7. United States v. Fossat, 1 Hoffman L. Cas. 211. United States v. Cass, 3 Saw. C. C. 477. San Francisco v. United States, 4 Saw. C. C. 5f. 3. Hammekin v. Clayton, 2 Woods, C. C. 336. Winter v. United' States, I Hemp. C. C. 344. Secretary Interior, Beaubien A; Miranda, Dec. 31, 1869. Secretary Interior, Beaubien &. Miranda, March 16, 1877, 4 Copp's L, O. 4. Coiu'r G. L. O., Beaubien & Miranda, Sept. 10, 1K69. Corn'r G. L. O., Inland Santa Rosa, Aug. 23, 1*71. PROP-LAM ATIOX Hardwick v. Reardon, 6 Ark. 77. PUGET SOUND AGRICULTURAL CO. Puget Sound Ag. to. v. Pierce Co., 1 Wash. Ty. 180. RAILROAD GRAXTS- Ainboy, Laming d- Traverse Bay R. R. : Johnson v. LSallim, 28 Mich. 379. Atchixon, Topeka < Santa Fc It. If. : A. T. . r. Boyd, Copp's L. L. 393. Secretary Interior March 9, 1872, B. & M. R. R. R. Co. v. Latimer et al., Copp's L. L. 401. ConiT G. L. O., June 30, 1874, B. & M. R. K. K. Co. v. Bora, 1 Copp's L. O. 67. California < Oregon R. R. : 'Ryan v. C. P. 11. R. Co., 5 Saw. C. C. 260. Secretary Interior, March 31, 1873, C. & O. R. R. Co. v. Abbott, Copp's L. L. 419. Secretary Interior, May 31, 1875, C. & O. R. R. Co. u. Dougherty, 2 Copp's L. O. 52. Secretary Interior, Nov. 30, Ifcf75, C. & O. R. R. Co. v. Swift, 2 Copp's L. O. 134. Secretary Interior, Jan. 19, Ie76, C. & O. R. R. Co. v. McCouiber, 2 Copp's L. O. 163. Secretary Interior, July 12, lt?7<>. C. &. O. R. R. Co.'v. Harbinson'ef al., 3 Copp's L. O. 53. Secretary Interior, March 23, 1877, C. & O. R. R. Co. v. Packet ts, 4 Copp's L. O. 55. Secretary Interior, July 20, 1876, C. & O. R. R. Co. v. Eaton, 5 Copp's L. O. 13. Secretary Interior, Dec. 18, 178, C. & O. R. R. Co/v. Ga-es, 5 Copp's L. O. 150. Secietary Interior, April 7, 1879, C. & O. R. R. Co.' v. Blodgett, 6 Copp's L. O. 37. Secretary Interior, Feb. 13, 1878, C. &. O. R. R. Co. . Marleyhan, 7 Copp's L. O. 67. Com'r G. L. O., March 21, 1877, C. At O. R. R. Co. v. Mineral Claimants, 4 Copp's L. 0.2. Cedar Rapid* d- Missouri River R. R. : Courtwright v. C. R. & M. R. R. R. Co., 21 Wall. 310. State of Iowa v. Kirkwood, 14 Iowa, 162. Courtwright v. C. R. & M. R. R. R. Co., 35 Iowa, 386. Goodrich v. Beanman, 37 Iowa, 563. Blair Town-lot Co. v. Kitteringham, 43 Iowa, 402. C. R. & M. R. R. R. Co. v. County of Sac, 46 Iowa, 313. Secretary Interior, Aug. 24. 1876, C/R. & M. R. R R. Co. v. State of Iowa, 3 Copp's L. O. r-4. Secretary Interior, Aug. 11, 1876, C. R. & M. R. R. R. Co. v. Harmon, 3 Copp's L. 0.8C. Secretary Interior, Oct. 24. 1876, C. R. & M. R. R. R. co. v. Sheltnerdine, 3 Copp's L. O. 171. Secretary Interior, Jan. 30, 1878, C. R. & M. R. R. R. Co. v. Coltoii, 4 Copp's L. O. 182. Central Branch, Union Pacific R. R. : Parker v. Winsor, 5 Kans. 362. C. B. R. R Co. v. Wiicox, 14 Kans. 259. Secretary Interior, Xov. 16, 1*78, C. B. TJ. P. Co.'r. K. P. R. R. Co., 5 Copp's L. O. 149. Central Pacific R. R. : Ryan r. C. P. R. R. Co., 9 Otto, 382. C. P. R. R. Co. r. Dyer. 1 Saw. C. C. Ml. C. P. R, R. Co.v. Benity, 5 Saw. C. C. 118. Doran t'.C. P. R. R. Co'., 24 Cal 245. Buterneld r. C. P. R. R. Co., 31 Cal. 2G4. Alford v. Barnum, 45 Cal. 42. Campbell v. Buckman, 49 Cal. 302. C. P. R. R. Co. v. Robinson, 49 Cal. 446. CITATION OF DECISIONS. slix RAILROAD GR ANTS- Continued. Central Pacific R. R.: Kaiser ?;. McLanebUu, 49 Cal. 449. "Weaver v. Fail-child, 50 Cal. 360. Enid err. Natoma W. & Mg. Co., 50 Cal. 621. C. P. E. li. Co. v. Howard, f>l Cal. 230. C. P. 11. E. Co. v. Howard, 52 Cal. 2-27. Secretary Interior, March 31, 18".3, C. P. R. R. Co.'v. Abbott., Copp's L. L. 419. Secretary Interior, May 14, 11=75, C. P. E. 11. Co.'v. Dillinghara, Copp's L. L. 430. Secretary Interior, June, 22, l73, Hank v. Luce et al., Copp's L. L. 4(.5. Secretary Interior, Dec. 21 1877, C. P. E. E. Co. v. State of California, 4 Copp's L. O. 150. Secretary Interior, Jan. 30. 1879, C. P. E. E. Co. v. Beck ft al.. 6 Copp's L. O. 5. ComV G. L. O.. Jan. 15, 1*73, C. P. E E. Co. v. State of Nevada, Copp'-s L. L. 4-24. Com'r G. L. C\, March 14, 1674, C. P. E. E. Co v. Dmcli Flat Placer, t Copp's L. O. 2. Com'r G. L. O., Nov. 12, 1874. C. P. E. E. Co. v. Mammoth B. G. Co., 1 Copp's L. O. 134. Com'r G. L. O., Jan. 9, 1875, circular, 1 Copp's L. O. 169. Chicago < Mobile R. It. : 5 Op. Alt. Gen. 518, 603. Chicago < NorthiMstem If. R. : Eldrtd v. Sexton, 19 Wall. 189. Eldred v. Sexton, 30 Wis. 193. Delaplaiue v C. & N. W. E. E. Co., 42 Win. 248. Diedrich v. C. & N. W. E. E. Co., 42 Wis. 248. Chicago^ Rock Island, & Pacific R. R. : C. E. I. & P. E. E. Co. v. Brown, 40 Iowa, 333. White v. C. E. I. & P. E. E. Co., 41 Iowa, 222. American Emigrant Co. v. C. E. I. & P. E. E. Co., 47 Iowa, 515. Secretary Interior, Aug. 31, 1876, C. E. I. & I'. It. E. Co v. Bell, 3 Copp's L. 0. 1C5. Denver t Rio Grande R. R.: D. & E, G. E. E. Co. v. Gallon City & San Juan E. E. Co., 9 Otto, 4f3. Denver Pacific R. R.: Secretary Interior Aug. 19. 1874, D. P. E. E. Co. v. Longan, I Copp's L. O. 101. Des Moines Navigation < R. If.: Walcott v. 1). M. N. & E. E. Co., 5 Wall. 681. Williams v. Baker. 17 Wall. 144. Homestead Co. v. Valley E. E. Co. 17 Wall. 153. D. M. N. & E. E. Co. v. Cooper, 41 Iowa, 275. Dubicque < Pacific R. R.: D. & P. E. E. Co. v. Litchfield, 23 How. 66. Dubuque < Sioux City IL R.: Secretary Interior Aug. 24, 1876. D. & S. C. E. E. Co. v. State of Iowa, 3 Copp's L. O. 84. Flint < Pcre Marquctte R. R.: Secretary Interior Dec. 7, 1872 (Indian laT. P. R. R. Co. v. Pierpont Orton, unpub- lished opinion, Ninth Cir. Ct>, Dec. 15, 1&79. Op. Att. Gen., June 13, 1878 ; July 16, 1878. Secretary Interior, May 9, 1873, S. P. R. R. Co. v. Stuart, Copp's L. L 375. Secretary Interior, Sept. 1. 1875, S. P. R. R. Co. v. Whitaker, 2 Copp's L. O. 119. Secretary Interior, April 23, lr<75, S. P. R. R. Co. v Queen, 3 Copp's L. O. 5. Secretary Interior, Jan. 24, 1877. S. P. R.R. Co. v. Wiggins & Kellar, 4 Copp's L. O. 123. Secretary Interior, April 15. 1874, S. P. R. R. Co. v. A. & P. R. R. Co., 4 Copp's L. O. Secretary Interior, Aug. 2, 1878, S. P. R. R. Co. v. Tome et al., 5 Copp's L. O. 85. Secretary Interior, Feb. 20, 1879 (surveying expenses), 6 Copp's L. O. 4. Secretary Interior, May 8, Ie79, S. P. R. R- Co. v. Cox, 6 Copp's L. O. 35. Secretary Interior, June 1C, 1879, S. P. R. R. Co. v. Langley, 6 Copp's L. O. 55. Secretary Interior, July -2. 1879, S. P. R. R. Co. v. Serrano, 6 Copp's L. O. 93. Secretary Interior, Jan. 31, 1880, S. P. R. R. Co. v..Oi ton, 7 Copp's L. O. 10. Secretary Interior, Aug. f , 1880, S. P.R. R. Co. v. Jacob, 7 Copp's L. O. 83. Secretary Interior, June 8, 1880, S. P. R. R. Co. v. Gower, 7 Copp's L. O. 104. Secretary Interior, July 29, 1880, S. P. R. R. Co. v. Whitaker, 8 Wash. Law Rep. 489. St. Croix t& Superior R. R. : Schulenberg v. Haniinan, 21 Wall. 44. Schulenberg v. Harriman, 2 Dillon, C. C. 398. 14 Op. Att. Gen. 430. St. Joseph (6 Denver R. R. : Xnevals v. Hyde, U. S. Cir. Ct., Neb., Oct. 1879 (unpublished). St. J. & D. R. R. Co. v. Bolin, 7 Neb. 247. Secretary interior, Sept. 3, 1872, St. J. & D. R. R. Co. v. Nickell, Copp's L. L. 399. Secretary" Interior, Nov. 18, 1^75, St. J. & D. R. R. Co. v. Barm s, 3 Copp's L. 0. 132. Secretary Interior, Feb. 7, 1877, St. J. & D. R. R. Co. v. Thomas, 3 Copp's L. O. 197. Secretary Interior, Sept. 24, 1817, St. J. & D. R. R. Co. v. Thomas, 4 Copp's L. O. 119. Secretary Interior, March 5, 1879 (survey- ing expenses), 6 Copp's L. O. 162. Secretary Interior, Jan. 27, 1860, St. J. & D. R. R. Co. v. Wheeler, 7 Copp's L. O. 10. Secretary Interior, March 2, 1880, St. J. & D. It. R. Co. v. Wheeler, 7 Copp's L. O. 10. St. Paul & Sioux City R. R. : St. P. & S.C. R. R. Co. v. Chamberlain, 2 Otto, 2i)9. St. P. & S. C. R. R. Co. v. County of Osceola, 43 Iowa, 318. Brisbine v. St. P. & S. C. R. R. Co., 23 Minn. 114. Secretary Interior, Aug. 2, 1872, St. P. & S. C. R. R. Co. v. Halverson, Copp's L. L. 384. Secretary Interior, Sept. 10, 1874, St. P. & S. C. R. R. Co. v. Sutton Copp's L. L. 435. Secretary Interior, Sept. 9, 187(5. St. P. & S. C. R R Co. v. State of Minnesota, 3 Copp's L. O. 99. Secretary Interior. Oct. 16, 1876, St. P. & S. C. R. R. Co. v. Weaver, 3 Copp's L. O. 119. Com'r G. L. O., March 8, 1875. St. P. & S. C. R. R Co. v. Hoover, 2 Copp's L. O. 119. St. Paul & Pacific R. R. : Secretary Interior. Dec. 2, 1875, St. P. & P. R. R. Co. v. St. Vincent Extension Co., 2 Copp's L. 0. 134. Secretary Interior, Aug. 14. 1876, St. P. & P. R R. Co. v. Hage, 3 Copp's L. O. 84. CITATION OF DECISIONS. li RAILROAD GRANTS Continued. St. Paul & Pacific 11. If. : Secretary Interior, Dec. 11, 1876, St. P. & P. 11. 11. Co. v. Kcmper, 3 Copp's L. O. 170. Com'r G. L. O., Aug. 10, 1875, St. P. & P. R. R. Co. v. Hill. 2 Copp's L. 0. 118. Com'r O. L. O., Sept. 4, 1879, St. P. & P. R. R. Co. v Larsou, 6 Copp's L. 0. 178. Stockton d- Copperopolis II. If. : Com'r G. L. O., Dec. 29, Ie75 (forfeiture), 3 Copp's L O. 73. Union Pacific 11. It. : Railway Co. v. Prescott, 16 Wall. COS. Railway Co. v. McShane, '22 Wall. 444. United' States v. U. P. II. II. Co., 1 Otto, 74. Railway Co. v. Hall et al., I Otto, 343. M. K. & T. R. R. Co. v. K. P. R. R. Co., 7 Otto, 491. Platt v. R. R. Co., 9 Otto, 48. U. P. R. R. Co. v. Watts, 2 Dillon, C. C. 310. U. P. R. R. Co. v. McShane, 3 Dillon, C. C. 304. S. C. & P. R. R. Co. . U. P. R. R. Co., 4 Dillon, C. C. 307. Uuited States v. B. & M. R. R. R. Co., 4 Dillon, C. C. 397. Stalnaker v. Morrison, 6 Nebr. 363. 10 Op. Att. Gen. 127 ; 11 id. 462 ; 13 id. 127, 430. Secretary Interior, Sept. 27, 1872, U. P. R. R. Co. v. Cheyenne et al., Copp's L. L. 373. Secretary Interior, March 24, 1874, U. P. R. R. Co. v. Mills, Copp's L L. 417. Secretary Interior, June 2.1, 1880, U. P. R. R. Co.'v. Hahn, 7 Copp's L. O. 67. Com'r G. L. O., Aug. 11, 1873, U. P. R. R. Co. v. R. M. Coal Co., Copp's L. L. 672. Com'r G. L. O., July i6, IK75, U. P. R. R. Co. v Crismon, 2 Copp's L. O. 67. Com'r G. L. O., Dec. 3, 1875, U. P. R. R. Co. v. Arnold, 2 Copp's L. O. 131. Western Pacific R. R. ; Newiiall v. Sanger, 2 Otto, 761. Kaiser v. McLanghlin, 49 Cal. 449. McLaujihlin v. Powell, 50 Cal. 64. McLaughlin v. Fowler, 52 Cal. 203. Secretary Interior, March 28, 1872, "W. P. R. R. Co. v. Schwerin, Copp's L. L. 409. Secretary Interior, Oct. 25, 1873, W. P. R. R. Co. v. Benson, Copp's L. L. 412. Secretary Interior, July 31, 1872, W. P. R. R. R. Co. v. Spratt, Copp's L. L. 416. Secretary Interior, June 11, 1873, W. P. R. R. Co. v. Scott, Copp's L. L. 420. Secretary Interior, March 16, 1871, W. P. R. R. Co. v. Sareeant et al.. Copp's L. L. 421. Secretary Interior, May 14, 1875, W. P. R. R. R. Co. v. Dilliug'ham, Copp's L. L. 430. Secretary Interior, March 23, 1875, TV. P. R. R. Co. v. Fitzgerald, 2 Copp's L. O. 51. Secretary Interior, July 15, 1875, W. P. R. R. Co. v. Stewart, Copp's L. O. 84. Secretary Interior, Jan. 15, 1878, State of Cal. v. Townsend et al.. 4 Copp's L. O 189. Secretary Interior, Nov. 21, 1878, "W. P. R. R. Co. v. Nichols, 5 Copp's L. O. 151. Secretary Interior, March 14, 1879, W. P. R. R. Co. v. Webber, 6 Copp's L. O. 19. Secretary Interior, Feb. 26, Ib79, W. P. R. R. Co. v. Buckman, 7 Copp's L. O. 4. Western R. R. of Minnesota: Secretary Interior, Oct. 16, 1880 (indem- nity lands), 8 Wash. Law Rep. 679. West Wisconsin R. R. : Secretary Interior, Feb. 18, 1874, W. W R. R. Co. v. Herman, Copp's L. L. 415. Com'r G. L. O., Feb. 13, 1874 (right to lands), 2 Copp's L. O. 20. Worthington & Sioux Falls It. R. : Com'r G. L. O., May 10, 1877 (right of way), 4 Copp's L. o! 91. Winona & St. Peter R. R. Co. : State v. W. & St. P. R, R. Co., 21 Minn 315. RAILROAD GRANTS Continued. Winona d- St. Peter R. R. Co. : State v. W. & St. P. R. R. Co., 21 Minn. 472. Secretary Interior, Oct. 8. 1877, W. & St. R. R. Co. v. McOuat, 4 Copp's L. O. 163. Wisconsin Central R. R. Co. : 14 Op. Att. Gen. 202. RECORDING ACTS Jacksonville v. Lamphire, 3 Pet. 280. RES AD JU DIC AT A United States v.Arredondo, 6 Pet. 691. United States v. Bank of Metropolis, 15 Pet. 377. Tate ct al. v. Carney et al., 24 How. 357. Aurora City v. West, 7 Wall, 82. Boyle v. Hinds, 2 Saw. C. C. 527. 13 Op. Att. Gen. 456 ; 14 id. 74. Secretary Interior, Nov. 10, 1876, 1 Lester, 507. Secretary Interior, Dec. 29, 1857, 1 Lester, 557. ' Secretary Interior, Jones v. Roberts, Dec. 9, 1874, Copp's L. L.2:>1. Secretary Interior, M. K. & T. R. R. v. Brock et al., July 17, 1873, Copp's L. L. 399. Secretary Interior ex parte McGarrahan, Aug. 4', 1871, Copp's L. L. 532. Secretary Interior, ex parte Beaubien & Miranda, July 7, Ib71, Copp's L. L. 605. Secretary Interior, ex parte McConnell, May 31, 1875, 2 Copp's L O. 83, 149. Secretary Interior ex parte Rickard, Jan. 19, lt<76, 2 Copp's L. O. 163. Secretary Interior, ex parte Oregon, Oct. 13, 1876, 3 Copp's L. O. 119. Secretary Interior, Foster v. State Califor- nia, April 3, 1878, 5 Copp's L. O. 6. Secretary Interior, ex parte Illinois, May 2, 1878, 5'Copp's L. O. 124. Secretary Interior, Valentine v. City of Chicago, Feb. 28, 1879, 6 Copp's L. 0. 22. Secretary Interior, Daly v. Weaver, July 17, 1880, 7 Copp's L O. 88. Secretary Interior, Preston Beck claim, Aug. 21, 1880, 7 Copp's L. O. 199. Com'r G. L. O., Portland City, Oct. 18, 1858, 1 Lester, 440. Com'r G. L. O., ex parte Baca claim, March 21, 1879. 6 Copp's L. O. 18, 127. RESERVATIONS Hughes v. Trustees of Clarksville, 6 Wheat. 369. Doddridge v. Thompson, 9 Wheat. 469. Edwards' lessee v. Darby, 12 Wheat. 206. Chotard v. Pope, 12 Wheat. 581. Wilcox v. Jackson, 13 Pet. 498. United States v. Fitzgerald, 15 Pet. 407. United States v. Chicago. 7 How. 185. Kissell v. Saint Louis Public Schools, 18 How. 19. East on v. Salisbury, 21 How. 426. Hale v. Gaines et al., 22 How. 144. Wolcott v. Des Moines Co , 5 Wall. 681. Morton v. Nebraska, 21 Wall 660. Rector et al. v. United States. 2 Otto, 698. L. L. & G. R. R. Co. v. U. S., 2 Otto, 733. Newhall v. Sanger, 2 Otto, 761. Morrow v. Whitney, 5 Otto, 551. Ryan v. C P. R R. Co., 9 Otto, 382. Wolsey v. Chapman, 1 1 Otto, 755. Indiana v. Miller, 3 McLean, C. C. 151. United States v. Railroad Bridge Company, 6 McLean, C. C. 517. Dupas v. Wassell, 1 Dillon, C. C. 213, I. C. R. R. Co. v. U. S., 20 Law Rep. 630. Joseph v. United States, 1 N. & H. 197. Johnson v. United States, 2 N..& H. 391. McConnel v. Wilcox, 1 Scammon, (Ills.) 344. Middleton v. Pritchard, 4 Ills. 510. Stockton v. Williams, 1 Doug. (Mich.) 546. Demy v. Campbell, 4 Mich. 5(!5. Spaulding v. Martin, 11 Wis. 262. RiiL'gles. v. Marsillot, 19 Wis. 159. Whitney v. Guuderson, 31 Wis. 359. Whitney v. Nelson, 33 Wis. ?65. Tht< State v. Delesdenier, 7 Texas, 76. Bellow v. Todd, 34 Iowa, 18. Gulliver v. Berge, 1 Rob. (La.) 427. lii CITATION OF DECISIONS. Gaines r. Hal.-, 16 Ark. 9. Jl inter v. Hemphill. 6 Mo. 106. Perry r. O'Hanlon, 11 Mo. 373. K. P. R. R. v. Gulp, 9 Kans. 38. Republican River Bridge Co. v. U. P. R. R. Co., 12 Kans. 409. People v. Dana, 22 Cal. 11. Blanc v. Bowman, 22 Cal. 23. Hastings v. McGrogin, 27 Cal. 85. People v. Shearer, 30 Cal. 645. McGrary v. Hastings, 39 Cal. 360. Rash v. Corey, 39 CaL 339. LeRoy v. Cunningham, 44 Cal. 599. 3 Op. Att. Gen. 106, 240, 277, 566 ; 6 id. 670 ; 9 id. 298, 339 ; 10 id. 56, 359 ; 14 id. 33, 50 ; March 4, 1878 ; July 16. 1878. Secretary Interior, Rock Island, Jan. 24, 18i9, 1 tester, 690. Secretary Interior, ex parte "Woodman, March 16, 1870, Copp's L. L. 216. Secretary Interior, W. P. II. R. v. Dilling- hatn, May 14. 1675, Copp's L. L. 430. Secretary Interior, Hot Springs, April 23, 1875. 2 Copp's L. O. 100. Secretary Interior, Timmons v. Gleason, July 11, 1876, 3 Copp's L. O. 71. Secretary Interior, Rancho Piedra Blanca, Aug. 8, Ie76, 3 Copp's L. O. 98. Secretary Interior, Kemper v. St. P. & P. R. R., Ded. 11, Itf76. 3 Copp's L. O. 170. Secretary Interior, Rancho Corte Madera del Presidio, May 28, 1879, 6 Copp's L. O. 52. Com'r G. L. O., June 12, 1872, 2 L. I. & O. 291. Com'r G. L. O., Rock Island, 2 L. I. & O. 390, 509. Com'r G. L. O., Tort Wayne, 2 L. I. &, O. 40-2, 827. Com'r G. L. O., Cantonment Brooke, 2 L. I. & 0. 908. Com'r G. L. O., Fort Jesup, 2 L. I. & O. 951. Com'r G. L. O., C. P. R. R. v. State Nevada, Copp's L. L. 424. Com'r G. L. O., ex parte Meek et al., April 22, 1874, 1 Copp's L. O. 21. Com'r G. L. O., S. & C. R. R., Dec. 29, 1875, 3 Copp's L. O. 73. Com'r G. L. O., Ramsey v. C. P. R. R. Co., Oct. 24, 1879. 6 Copp's L. O. 179. Com'r G. L. O., Rancho Punta de la Con- cepcion, April 20, 1880, 7 Copp's L. O. 70. REVOLUTIONARY LAND WARRANTS AND SCRIP Smith v. Shane, 1 McLean, C. C. 22. Dupre v. McCright, 6 La. Ann. 146. Parker v. Wallace. 3 Ohio, 490. Parker v. Dunn, 4 Ohio, 233 McArtbur v. Gallaher, 7 Ohio, 412. Trimble r. Brotherby, 14 Ohio, 109. 2 Op. Att. Gen. 385 ; 3 td. 246, 382; June 14, lf-37, 2 L. I. wn, 18 Mich. 196. Clark v. Campau, 19 Mich 325. Watson r. Peters, 2G Mich. 508. Treat v. Bates. 27 Mich. 390. Att y-Gen'l v. Evart Booming Co., 34 Mich. 462. Jones v. Pettibone, 2 Wis. 308. Walker v. Stephenson, 4 Wis. 486. Mariner v. Schultz, 13 Wis. 692. Arnold v. Elmore, 16 Wis. 509. Wright r. Day, 33 Wis. 260. Oleson v. Merrill, 42 Wis. 203. Deleplaine v. C. & N. W. R. R. Co., 42 Wis. 214. Boorman v. Sunnucks, 42 Wis. 233. Diedrich v. C. &. N. W. R. R. Co., 42 Wis. 248. CITATION OF DECISIONS. liii RIPARIAN RIGHTS Continued. Riparian proprietor ; rights t>f: Steven's Point Boom Co. v. Reilly, 46 Wis. 257. Hazeltine v. Case, 46 Wis. 391. Schurineir v. St. P. & P. R. R. Co., 10 Minu. 82. Riffe v. C. D. & M. E. R. Co.. 23 Minn. 18. Brisbine v. St. P. & S. C. R. R. Co., 23 Minn. 114. McManus v. Carmichael, 3 Iowa, 11. Haight v. City of Kwikuk, 4 Iowa, 405. Boynton v. Miller, 22 Iowa, 579. Cook v. City of Burlington, 30 Iowa, 94. Tomlin v. The Dubuque and B. & M. R. R. Cos., 32 Iowa, 106. Cook v. City of Burlington, 36 Iowa, 357. Musser v. Hershey, 42 Iowa, 356. Houghton v. C. I>. & M. R. R. R. Co., 47 Iowa, 370. Lobdell v. Simpson, 2 Nev. 274. Lake v. Tolles, 8 Nov. 28.". Shoemaker v. Hatch. 13 ^ev. 261. Smith v. City of St. Louis, 21 Mo. 36. St. Louis Public Schools v. Risley, 40 Mo. 356. Benson v. Morrow, 61 Mo. 345. Ferrea v. Kuipe, 28 Cal. 3-10. Dana v. Jackson St. Wharf Co., 31 Cal. 118. 1 Lester, 493. note. Com'r G. L.O., Feb. 20, 1874,Copp'sL. L. 763. Coiu'r G. L. O., exparte Taylor et al., Nov. 5, 1H74, 1 Copp's L. O. 1.15. Com'r G. L O., Wolf Lake, Feb. 12, 1878, 5 Copp's L. O. 19. Secretary Interior, Feb. 2, 1880. 7 Copp's L. O. 57. United States, rights of the : New Orleans v. United States, 10 Pet. 662. Pollard et al. v. Hasan etal., 3 How. 212. Goodtitle v. Kibbe, 9 How. 471. ROBINSON, WALL ACE, RELIEF OF Op. Att, Gen., June 24, It3i), 2 L. I. & O. 209. ROSITA, TOWN OF Adams v. Binklev, 4 Colo. 247. SACRAMENTO, CITY 'OF Cornwall v. Culver, 16 Cal. 424. County of Yolo v. City of Sacramento, 36 Cal. 193. SALT LAKE CITY Pratt 0. Young, 1 Utah, 348. SALT SPRINGS Chotard v. Pope. 12 Wheat. 5P1. Delauiiero v. Emison, 15 How. 525. Cooper v. Roberts, 18 Hosv. 173. Morton v. Nebraska, 21 Wall. 660. Indiana v. Miller, 3 McLean,C. C. 151. 1 Op. Att. Gen. 352, 420 ; 2. L. I. & O. 263, 25, 533. Com'r G. L O., circular, July 3, 1836, 2 L. 1. & O. 815. Com'r G. L. O., instructions, July 28, 1831, 2L. I. &O. 916. Com'r G. L. O., April 27, 1874, 1 Copp's L. O. 19. Com'r G. L. O., Hall v. Litchfield, March 2, 1876, 2 Copp's L. O. 179. Com'r G. L. O., circular, April 10, 1877, 4 Copp's L. O. 21. Com'r G. L. O., Eagle Salt Works, Dec. 12. 1877, 5 Copp's L. O. 4. SAN FRANCISCO- Acts of Congress : Trenouth v. San Francisco, 10 Otto, 251. Harris v. McGovern, 2 Saw. C. C. 215. United States v. Carr et al., 3 Saw. C. C. 477. Woodworth v. Fulton, 1 Cal. 295. Alcalde grants : Palmer v. Low, 8 Otto, L. Montgomery v. Bevans et al., 1 Saw. C. C. 653. Walker v. Marks, 2 Saw. C. C. 152. Palmer v. Low, 2 Saw. C. C 248. Hall et al. v. Ungcr et al, 4 Saw. C. C. 672. Woodworth v. Fulton. 1 Cal. 295. Reynolds v. West, 1 Cal. 3-22. Brown v. O'Couuer, 1 Cal. 419. Cohas v. Raisin, 3 Cal. 443. SAN FRANCISCO Continued. Alcalde grants : Cliapiu v. Browne, 8 Cal. 294. Noe v. Card, 14 Cal. 577. Payne v. Treadwell, 16 Cal. 221. Hubbard v. Barry, 21 Cal. 321. Bcahan v. Mayor, &c.,24 Cal. 585. Rice v. Cunningham, 29 Cal. 492. Lick v. Diaz, 30 Cal. C5. Wilson v. Cleveland, 30 Cal. 192. Donner v. Palmer, 31 Cal. 501. Lick v. Diaz, 37 Cal. 437. Glaswood v. Hastings, 38 Cal. 216. Mexican grant : Lynch v. Bernal, 9 Wall 315. San Francisco v. United States, 4 Saw. C. C. 553. Grisar v. McDowell, 4 Saw. C. C. 597. United States v. Hare et al., 4 Saw. C. C. 653. Tripp v. Spring, 5 Saw. C. C. 209. Welch v. Sullivan, 8 Cal. 164. Norton v. Hyatt, 8 Cal. 540. Hart v. Burnett, 15 Cal. 530. Brown v. San Francisco, 16 Cal. 452. Leese v. Clark, 18 Cal. 5.55. Fulton v. Hanlon.20 Cal. 450. Stevenson v. Bennett, 35 Cal. 424. Bernal v. Lynch, 36 Cal. 135. Com'r G. L. O., Nov. 11, 1878, 5 Copp's L. O. 131. Reservations : United States v. Carr et al, 3 Saw. C. C. 477. Grisar v. McDowell, 4 Saw. C. C. 597. United States v. Hare et aJ., 4 Sa.v.C. C. 653. People v. Dana, 22 Cal. 11. Blauc v. Bowman, '22 Cal. 23. Le Roy v. Cunningham, 44 Cal. 599. State legislation : Mumford v. Wardell, C Wall. 426. Palmer v. Low, H Otto, 1. Palmer v. Low, 2 Saw. C. C. 248. Tripp v. Spring. 5 Saw. C. C. 209. Seaoury v. Field, 1 McAllister C. C. 1. Freidmau v. Goodwin, 1 McAllister C. C. 142. Chapin v. Browne, 8 Cal. 294. Hainan v. Read, 13 Cal. 444. Hart v. Burnett, 15 Cal. 530. Holladay v. Frisbie, 15 Cal. 630. Wheeler v. Miller, 16 Cal. 125. People v. Kruger, 19 Cal. 411. Peoples. Dana, 22 Cal. 11. Blanc v. Bowman, 22 Cal. 23. Seabury v. Arthur, 28 Cal. 142. Ellis ^.'Eastman, 32 Cal. 447. People v. Klumpke, 41 Cal. 264. Spencer v. Winselman, 42 Cal. 479. McManus v. O'Sullivan, 48 Cal. 7. Van Ness ordinance: L.Mich v. Bernal, 9 Wall. 315. Hall et al v. Uuger etal, 4 Saw. C. C. 672. Hart v. Burnett, 15 Cal. 530. Wolf v. Baldwin, 19 Cal. 306. White v. Moses, 21 Cal. 34. Carleton v. Townsend, 28 Cal. 219. Borel v. Rollins, 30 Cal. 409. Davis v. Perley, 30 Cal. 630. Polack v. McGrath, 32 Cal. 15. Brooks v. Hyde, 37 Cal. 3(16. Valentine *?. 'Ma honey. 37 Cal. 390. Judsou v. Mallon, 40 Cal. 300. Broad v. Broad, 40 Cal. 493. McLean v. Bent on, 43 Cal. 467. Pattee v. Moyle, 44 Cal. 36. Coui'r G. L. O., ix parte Hanscome, June 20. 18M), 1 Lester, 4!)9. Com'r G. L. 0.. Keystone Mg. Co. r. State of Cal., June 18, Ifc72, Copp's Mg. Dec. 105. Com'r G. L. O., Foster, July 30, 1873, Copp's L.L.G75. Com'r ( . Ls O., ex parte Hogden ct al., Nov. 3, 1674. 1 Copp's L. O. 135. Com'r G. L. O., Delanev v. Thomas, June 25. Ie75, 2 Copp's L. O.* 50. Com'r G. L. ()., Townsend et al. v. State of Cal , Nov. 1. 1875. 2 Copp's L. O. 116. Com'r G. L. O., ex parte Fox et al., March 30. 1677. 4 C'-pp's L. O. ('6. Com'i G. L. O. (Cal.), April 29, 1878, 5 Copp's L. O. 34. Coiu'r G. L. ()., Metre v. State of Cal., Oct. 16. Id78, 5Copp'nL. O. 164. Com'r G. L. O., ex parte Reeves, July 16, 1879, G Copp's L. U. 76. Corn'r G. L. O., Silver Cliff v. State of Colo., Dec. 18, 1679, <> Copp'.s L. O. 152. Granted lands, when title attache* to : Cooper r. Roberts. 18 How. 173. Dickens' lessee, r. Mabaua, 21 How. 276. Hedrick v. Hughes, 15 Wall. 123. Heydenf eldt v. Dauey G. & S. Mg. Co., 3 Otto, ti:M. Beecher v. Wetherby, 5 Otto. 517. Ivanboe M Co. r. Keystone Con. Mg. Co., Sup. Ct., Oct. Term," L-80. Ballon r. O'Brien. 2') Mich. 304. Minnesota v. Bachelder. 7 Minn. 121. Kansas r. Sti -ingfellow, 2 Kans. 263. Nevada v. Blaisdel, 4 Nev. 241. CITATION OF DECISIONS. Iv SCHOOL LANDS- Continued. Granted land, when title attaches to : Heydenielut v. Daney G. &. S. Mg. Co., 10 Nev. '290. Lay ton v. Ilowell, 11 Nev. 451. Higgins v. Houghton, 15 l al. 252. Middleton r. Low, 30 Cal. 59(5. Sherman p. Buick, 45 Cal. G56. Finney r. Berger, 50 Cal. 248. Keunett v. Cole, 13 Mo. 139. Ma.vers v. Byrne, 19 Ark. 308. Bettis v. Amtnett, 4 La. Ann. 364. Long et al. v. Brown et al., 4 Ala. 622. 2 Op. Att. Gen. 360. Secretary Interior. (Michigan,) Sept. 10, 1851, 1 Lrster, 494. Secretary Interior, (Kansas,) Sept. 23,1858, 1 Lester, 498. Secretary Interior, (Minnesota,) June 20, 1850, 1'Lcster, 499. Secretary Interior, Mitchells. State of Min- nesota, March 2d, 1 b73, Copp's L. L. 483. Secretary Interior, Selby v. State of Cal., March 10, 1876, 1 Copp's L. O. 5. Secretary Interior, State of Cal. v. Poley et al., April 4, 1877, 4 Copp's L. O. 18. Secretary Interior, (Kansas,) Aug. 14, 1877, 4 Copp's L. O. 85. Secretary Interior, exparte Lowe, June 22, 180, 7 Copp's L. O. 66. Com'r G. L. O., June 2, 183C, 2 L. I. &O. 520. Com'r G. L. O., ex parte Foster, July 10, 1873, Copp's L. L. 675. Com'r G. L. O., ex parte liinney, June 13, 1879, 6 Copp's L. O. 153. Com'r G. L. O., exparte Lowe, Dec. 27, 1879, 7 Copp's L. O. 66. Indian titles, effect of: Beecher v. Wetherby, 5 Otto, 517. Ballou v. O'Brien, 20 Mich. 304. Power of State in executing grant: Springfield Township v. Quick et al, 22 How. 56. Davis v. Indiana, 4 Otto, 792. State v. Trustees, &c., 2 Ind. 293. State v. Springfield Township, 6 Ind. 83. Bradley v. Cox, 4 Ills. 585. Trustees, &c., v. Allen, 21 His. 120. Stout v. Hyatt, 13 Kans. 232. Nevada v. Rhodes, 4 Nev. 312. "Wyman v. Banvard, 22 Cal. 524. 9 Op. Att. Gen. 346. Secretary Interior, ex parte Weightman, Sept. 23, 1858. 1 Lester, 40t. Secretary Interior, Watson v. State of Cal., Jan. 28, I860, 6 Copp's L. O. 193. Purchase from State : "Wisconsin v. Janssen, 2 Wis. 311. State v. Gray, 4 Wis. 380. State v. Commissioners, 6 Wis. 334. State v. Commissioners, 17 Wis. 248. Jensen v. Weinlander, 25 Wis. 477. Douglass v. Dorsey, 27 Wis. 119. Harrington v. Smith, 28 Wis. 43. Kansas 'v. Emmett, 19 Kans. 546. O'Neall v. Cleveland. 3 Nev. 485. State v. Sickles, 9 Ind. 67. People v* State Auditor, 2 Scam. (Ills.) 567. Trustees, &c., v. Allen, 21 Ills. 120. Hurst v. Hawn, 5 Oreg. 275. Dolhequy v. Tabor, 2:2 'Cal. 279. Hildebrand v. Stewart. 41 Cal. 387. Hogan v. Winslow, 45 CaL 588. Finney v. Berger, 50 Cal. 248. Stan way v. Rubio, 51 Cal. 41. Reservation of : Secretary Interior, ex parte Weightman, Sept. 23, 1858, 1 Lester 498. Secretary Interior, ex parte Noble, Feb. 23, 1872, Copp's L. L. 700. Secretary Interior, ex parte Falls, March 9, Ib72, Copp's L. L. 704. Secretary Interior ex parte Baid, Oct. 27, 1876, 3 Copp's L. O. 114. Secretary Interior ex parte Kinney, Dec. 3, 1879, 6 Copp's L. 0. 153. Secretary Interior, Lowe v. State Colo., Dec. 27, 1879, 7 Copp's L. O. 66. SCHOOL LANDS Continued, lieacrvation of : Com'r G.'L. O., Oct. 5, 1829, 2 L. I. & O.421. Com'r G. L. O., circular, Aug. 30, 1832, 2 L. I. & O. 4C6. Com'r G. L. O., circular, Oct. 21, 1834, 2 L. I. & O. 597. Com'r G. L. O., Silver Cliff v. State Colo., Dec. 18, 1879, 6 Copp's L. O. 152. Com'r G L. O., ex parte Kinney, June 13, 1879, 6 Copp's L. 0. 152. Com'r G. L. O., ex parte Koppin, July 29, 1880, 7 Copp's L. O. 67. State patents : State v. Harvey, 11 Wis. 33. McCabe v. Mazzuchelli, 13 Wis. 478. State v. Burnett, 6 Wis. 412. Sexton v. Appleyard, 34 Wis. 235. People v. State Auditor, 2 Scam. (Ills.) 567. Trustees v. Allen, 21 Ills. 120. Middleton v. Low, 30 Cal. 596. State school ^varrants ; nature, effect, and mode of transfer : Smith v. Turner, 5 Wis. 551. Bull v. Sbeppard. 7 Wis. 449. Smith v. Clark, 7 Wis. 620. Mowry v. Wood, 12 Wis. 413. Dodge v. Siiverthorn, 12 Wis. 644. Jarvis v. Dutcher, 16 Wis. 307. Lefferts v. B'd of Supervisors, 21 Wis. 688. Gunderson v. Cook, 33 Wis. 551 . Henderson v. The State, 43 Ind. 60. Hagenbnll v. Reed, 3 Neb. 17. Prescottt 1 . Beebe, 17Xats. 320. Nevada v. Sharon, 7 Nev. 241. Richter v. Riley, 22 Cal. 6o9. True v. Simpson, 42 Cal. 293. Statiway v. Rubio, 51 Cal. 41. Tiiggv. Handley. 52 Cal. 244. Secretary Interior, Slate Cal. v, Pike et al., Sept. 26, 1871, Copp's L. L. 446. Secretary Interior, Holcomb et al. v. State Cal., July 8. 179. Com'r G L. O., Holcomb et al. v. State Cal., Sept. 25, 1878. Selection of : Com'r G. L. O., circular, May 24, 1826, 2 L. I. & O. 395. Com'r G. L. O., June 12, 1827, 2 L.I. & O. 404. Com'r G. L. O., June 15, 1831, 2 L. I. & O. 454. Com'r G. L. O., circular, Aug. 30, 1832, 2 L. 1. & O. 466. Com'r G. L. C% circular, Dec. 6, 1832,2 L. I. &0 472. Com'r G. L. O , circular, July 21, 1834, 2 L. I. & O. 497. Com'r G. L. O., June 2, 1836, 2 L. I. &O. 520. Com'r G. L. O., Aug. 20, 1836, 2 L. I. & O, 524. Com'r G. L. O., circular, Sept. 8, 1874, Copp's L. L. 484. Village lots in Missouri: Kissell v. Public Schools, 18 How. 19. Bowlin v. Fnrman, 28 Mo. 429. Mitchell v. Handheld, 3 iMo. 431. Patterson v. Hogan, 38 Mo. 70. Glasgow v. Lindell, TO Mo. 60. SIOUX HALF-BREED SCRIP United States v. Chapman. 5 Saw. C. C.528. Monette v. Cratt, 7 Minn. 234. Hope v. Stone, 10 Minn. 114. Sharon v. Wooldrk-k, 18 Minn. 354. Thompson v. Myrick, 20 Minn. 205. Parker v. Duff, 47 Cal. 554. Secretary Interior, ex parte Hutchinson, July 18, 1859, 1 Lester, 499. Secretary Interior, Murray v. St. Antoine, May 24. 1859, 1 Lester, 634. Secretary Interior, Town of Wabashaw, June 14, 1859, 1 Lester. 635. Secretary Interior, U. P. R. R. Co. v. Town of Cheyenne, Sept. 27, 1872, Copp's L. L. 373. Secretary Interior, Bird et al. v. State Cal., May 25, 1871, Copp's L. L. 444. Com'r G. L. O., circular, March 21, 1857. 1 Lester, 627. Ivi CITATION OF DECISIONS. SIOUX HALF-BREED SCRIP Continued. Com'r G. L. O., circular, Feb. 22, 1864, Zab. L. L. 310. Com'r G. L. O., circular, Feb. 22, 1864, Copp's L. L. 721. Com'r G. L. O., circular, Jan. 29, 1872, Copp's L. L. 723. Comr G. L. O., ex parte Park Silver Mg. Co., June 26, 1874, Copp's L. L. 724. Com'r G. L. O., circular, Xov. 12, 1874, Copp's L. L. 725. Com'r G. L. O., Wolf Lake, Feb. 12, 1878, 5 Copp's L. 0. 19. Com'r G. L. O., circular, May 28, 1878, 5 Copp's L. 0. 126. ST. AUGUSTIXE. TOWN OF Com'r G. L. O., April 20, It34, 2 L.L & O. 955. ST. CHARLES, VILLAGE OF Jarvis v. Gurno, 4 Mo. 458. Bird r. Montgomery, 6 Mo. 510. Bobbins v . Eckler, 36 Mo. 494. ST. JOSEPH RIVER Williams r. Bradley, 2 Ind. 591. Board of Com'rs v. Pidge, 5 Ind. 13. ST. LAWREXCE RIVER Xeadei houser r. The State, 23 Ind. 257. Moore r. Sanborne, 2 Mich. 520. ST. LOUIS Town lots, commons, d-c. : Strother r. Lucas, 12 Pet 410. Les Bois v. Bramell, 4 How. 449. Menard's heirs r. Massey, 8 How. 293. Kissell v. St. Louis Public Schools, 18 How. 19. Willot v. Sandford, 19 How. 79. Carondelet v. St. Louis, 1 Black. 179. Glasgow et al. v. Hortiz et aL, 1 Black, 595. Clark p. Brazeau, 1 Mo. 290. Mackay r. Dillon, 7 Mo. 7. Hammond v. St. Louis, 8 Mo. 65. Trotter v. oard, . Hortiz, 28 Mo. 523. City of Caiondelet v. City of St. Louis, 29 Mo. 527. St. Louis Public Schools v. Erskine, 31 Mo. 110. Adams v. City of St. Louis. 32 Mo. 25. St. Louis Gas-Light Co. v. Reiss, 33 Mo. 551. Fine v. St. Louis, &c., 39 Mo. 59. St. Louis Public Schools v. Risley, 40 Mo. 356. St. Louis Public Schools v. Schoenthaler, 40 Mo. 372. St. Louis Public Schools v. Walker, 40 Mo. 383. Glasgow v. Lin dell, 50 Mo. 60. SURVEYS Deposit for : Com'r G. L. O., circular, May 6, 1871, Copp's L. L. 756. Corn'r G. L. O., circular, Feb. 25, 1873, Copp's L. L. 759. Com'r G. L. O., ex parte Baca, Sept. 10, 1874, Copp's L. L. 760. Com'r G. L. O., circular, March 5, 1880, 7 Copp's L. O. 7. SURVEYS Continued. Effect of: Pollard et al. v. Dwight, 4 Cranch, 4S1. Taylor & Brown >:. Quarles, 5 Cranch, 234. Rutherford v. Green's heirs, 2 Wheat. 196. Craig v. Bradford. 3 Wheat. 594. Taylor's lessee v. Myers. 7 Wheat. 23. Elmendorf v. Taylor. 10 Wheat. 152. Chinoweth r. Haskell's lessee, 3 Pet. 92. Eilicott . Ashley, 8 Ark. 290. Gaines v. Hale, 16 Ark. 9. Ashley v. Rector, 20 Ark. 359. Gillette v. Gaffney, 3 Colo. 351. Waring v. Crow, 11 Cal. 366. Mahoney v. Van Winkle, 21 Cal. 552. Rowe v. Bacigalluppi, 21 Cal. 633. Coleman v. Clements, 23 Cal. 245. Bradley v. Hark ins. 26 Cal. 69. Goller v. Fett, 30 Cal. 481. Lawrence v. Ballou, 37 Cal. 518. Frisbie v. Marques, 39 Cal. 451. Broad v. Broad, 40 Cal. 493. Strang v. Ryan, 46 Cal. 33. Moreiiuautv. Wilson, 52 Cal. 226. Mallett v. The Uncle Sam. Mg. Co., 1 Nev. 188. Downes v. Scott, 3 Rob. (La.) 84. Secretary Interior, Jan. 8, 1858, Laughton, v. Caldwell, 1 Let< r 3f<7. Secretary Interior, Sept. 22, 1859, Roosa v. Schepp, 1 Lester 393. Secretary Interior, Dec. 19, 1872, Hyatt v. Smith, Copp's L. L. 409. Secretary Interior, Dec. 16, 1873, Davis v. McClay et al., 1 Copp's L. O. 6. Secretary Interior, April 8, Is75, Powell v. Beatty, 2 Copp's L. O. 115. Ix CITATION OF DECISIONS. TENANTS IN COMMON, JOINT TENANTS, AND JOINT ENTRIES Continued. Secretary Interior May 8, 1880, O'Leary v. Zollars, 7 Copp's L. O. 38. Com'r G. L. O., March 31, 1873, circular, Copp's L. L. 301. Com r G. L. O., March 18, 1870, circular, Copp's L. L. 452. Com'r G. L. O., April 15, 1873, circular, Copp's L. L. 668. Com'r G. L. O., June 8, 1874, Vennigerholtz v. McE>nnon et aL, 6 Copp's L. O. 154. TIMBER DEPREDATIONS United States v. Brisrgs, 9 How. 351. Cotton v. United States, 11 How. 229. United States v. Cook, 19 Wall. 591. United States v. Nelson, 5 Saw. C. C. 68. Schulenberg v. Harriman, 2 Dillon, C. C. 398. "Woodruffs. Roberts, 4 La. ATITI 127. Brock v. Smith, 14 Ark. 431. James v. Snelson, 3 Mo. 278. Turley v. Tucker. 6 Mo. 583. Bower v. Higbee, 9 Mo. 259. Kuton . Audsley, 19 Mo. 362. Ballou v. O'Brien, 20 Mich. 304. Grant v. Smith, 26 Mich. 201. Johnson v. Ballou, 28 Mich. 379. Stave v. Commissioner, 19 Wis. 237. Paine v. White, 21 Wi.s. 423. Hughill v. Wilson, Morris (Iowa), 383. Kansas v. Harold, 9 Kans. 104. Stevens v. Perrier, 12 Kans. 297. Peck v. Brown, 5 Nev. 81. Eureka Mg. Co. v. Way, 9 Nev. 349. 1 Lester, 465. note. Com'r G. L. O., circular, Dec. 24, 1855, Zab. L. L. feed. Com'r G. L. O., circular, Sept. 1, 1865, Zab. L. L. 891. Com'r G. L. O., circular, Dec. 24, 1855, Copp's L. L. 658. Com'r G. L. O., circular, June 29, 1874, 1 Copp's L. O. 102. Com'r G. L. O.. circular, May 2, 1877, 4 Copp's L. O. 55. TOLEDO, CITY OF Grant for public hiyhicay and for sewerage and water purposes: Hubbard v. City of Toledo, 21 Ohio St. 379. TOWN SITES Act of May 23, 1844: Stark v. Starr, 6 Wall. 402. Stark v. Starr, 1 Saw. C. C. 15. Lownsdale v. City of Portland, 1 Deady, C. C. H. Rootw. Shields, 1 Woolw. C C. 340. Cash &. Spalding, appellants, 6 Mich. 193. Clarke v. Roy, 20 Wis. 478. Perry v. Superior City, 26 Wis. 66. Leech v. Rauch, 3 Minn. 448. Castner v. Gunther, 6 Minn. 63. Maxtield v. Kierbauer, 8 Minn. 413. Weisberger v. Tenney, 8 Minn. 456. Cathcart v. Kortam, 11 Minn 45. City of Winonar. Huff, 11 Minn. 119. Carson v. Smith, 12 Minn. 546. Coy v. Coy, 15 Minn. 119. Wintield Town Co. v. Morris, It Kans. 128. Independence Town Co. o. DeLong, 11 Kans. 152. Sherry v. Sampson, 11 Kans. 611. McTaggert v. Harrison. 12 Kans. 62. Emmett v. DeLong, 12 Kans. 67. Seller v. Avery, 15 Kans. 157. Towsley v. Johnson, 1 Neb. 95. Tecumseh Town-site Case, 3 Neb. 267. Burbank v. Ellis, 7 Neb. 156. Marlin v. T'Vanlt, 1 Oreg. 77. Lownsdale v. City of Portland, 1 Oreg. 381. Whitelowe v. Reese, 4 Oreg. 335. Robinson v. Imperial S. Mg. Co., &c., 5 Nev. 44. Treadway v. Wilder, 8 Nev. 91. Treadway r. Wilder, 9 Nev. 67. Doll v. M'eador, 16 Cal. 296. Ricks v. Reed, 19 Cal. 551. Ryan v. Tomlinson, 31 Cal. 2. TOWN SITES Continued. Act of May 23, 1844 : Secretary Interior, Clay City, April 13, 1859, 1 Lester, 4^-2. Secretary Interior, Superior City, July 26, 1653, 1'Lester, 432. Secretary Interior, Superior City, Sept. 18, 1859, 1 Lester. 443. Secretary Interior, Keposia, Aug. 18, 1856,1 Lester, 431. Secretary Interior, Monticello, July 9, 1858, 1 Lester, 435. Secretary Interior, Plattsburg, Nov. 5, 1858, 1 Lester, 44 1. Secretary Interior, Wabashaw, June 14, 1859,1 Lester, 635. Com'r G. L. O., Portland City, Oct. 18, 1858. 1 Lester, 437. Act of May 23, 1664: Cotield v. McClellan 1 Colo. 370. Acts of July 1, 1864, and March 3, 1865 : Bell v. The Bed Rock Tunnel and Mg. Co., 36 Cal. 214. Jones v. City of Petalnma, 38 Cal. 397. Alemany v. City of Petaltiraa, 33 Cal. 554. Com'r G. L. O., circular, Aug. 20, 1864, Zab. L. L. 179. Com'r G. L. O., circular, April 26, 1865, Zab. L. L. 181. Com'r G. L. O., circular, Oct. 20, 1865, Zab. L. L. 185. Com'r G. L. O.. Mountain View, April 4, 1865, Zab. L. L. 196. Com'r G. L. O., Allman v. Thulon, Dec. 7, 1871, Copp's L. L. GOO. Act of March a, 1867: Hussy v. Smith, 9 Otto, 20. Stringfellow v. Cain, 9 Otto, 610. Cannon v. Pratt, 9 Otto, 619. Allen r. Houston, 21 Kans. 194. Ivinson v. Hance, 1 Wyoming, 270. Hussy v. Smith, 1 Utah, 129. Fraust v. Town-site, 1 Utah, 197. Pratt v. Young. 1 Utah, 347. Edwards r. Tracy, 2 Montana, 49. Hall v. Ashby. 2 Montana, 489. Georgetown v. Glaze, 3 Colo. 230. Tucker v. McCoy, 3 Colo. 234. Gillett v. Gaffaey, 3 Colo. 351. Adams v. Binkley, 4 Colo. 247. Lechler . Chapiu, 12 Nev. 65. Secretary Interior, Springville, July 8, 1871, Copp's L. L. 683. Secretary Interior, Salt Lake, Aug. 9, 1871, Copp's L. L. 6*6. Secretary Interior, King City, April 28, 1874, Copp's L. L. 696. Secretary Interior, June 8, 1875, 2 Copp's L. O. 85. Secretary Interior, Grantsville, Oct. 1, 1679, 6 Copp's L. O. 109. Com'r G. L. O., circular, Sept. 21, 1868, Copp's L. L. 678. Com'r G. L. O., circular, June 29, 1874, Copp's L. L. 683. Com'r G. L. O., Deeversville, Dec. 7, 1872, Copp's L. L. 695. Com'r G. L. O., Turner v. Lang, June 16, 1874, Copp's L. L. 698. Com'r G. L. O., Central City, Dec. 23, 1875, 2 Copp s L. O. 150. Com'r G. L. O., Concordia, June 5, 1876,3 Copp's L. O. 50. Com'r G. L. O., Seattle, Jan. 12, 1877, 3 Copp's L. O. 179. Com'r G. L. O., Coneburg, April 7, 1877, 4 Copp's L. O. 45. Cora'r G. L. O., Laramie, Oct. 11, 1877, 4 Copp's L. 0. 132. Com'r G. L. O., Seattle, March 19, 1879, 6 Copp's L. O. 136. TREATIES. FOREIGN Cession of Louisiana (1800 and 1803) : Sonlard v. United States, 4 Pet, 511. Delassus v. United States, 9 Pet, 117. McDonogh v. Millaudou, :t How. 693. United States v. Reynos. 9 How. 127. Davis . Police Jury of Concordia, 9 How. CITATION OF DECISIONS. Ixi TREATIES, FOREIGN Continued. Cession of Louisiana (1800 and 1803): United States v. L.ynde, 11 Wall. 632. Secretary Interior, exparte Daniel Clark, Jan. 5, 1671, Copp's L. L. 494. Cession of the Floridas ; American Ins. Co. v. Canter, I Pet. 511. Poster et al. v. N< ilson, 2 Pet. 253. United States v. Arrcdoudo, 6 Pet. 691. United States v. Percheman, 7 Pet. 51. United States v. Clarke, 8 P, t. 436. United States v. Clarke, 9 Pet. 168. Mitchell v. United States, 9 Pet. 711. United States v. Fernandez, 10 Pet. 303. United States v. Sibbald, 10 Pet. 313. Strother &. Lucas, 12 Pet. 410. United Stares v. Wiggins, 14 Pet. 334. Pollard's lessee v. Files, 2 How. 591. Robinson v. Minor, 10 How. 627. Doe & Braden, 16 How. 635. United States v. Lynde, 11 Wall. 632. France and Spain (i762) : Villalobos v. United States, 10 How. 540. United States v. D'Auterive, 10 How. 609. Great Britain, France, and Spain (1763) : Montault v. United States. 12 How. 47. Great Britain and United States (1794) : Harden v Fisher, 1 Wheat. 300. Guadalupe Hidalgo : United States v. Moreno, 1 Wall. 400. Townsend et al. v. Greeley, 5 Wall. 326. Seabury v. Field, I McAllister, C. C. 1. Friedham v. Goodwin. 1 McAllister, C. C. 142. Mackay v. Dillon, 7 Mo. 7. Secretary Interior, Rancho Los Trigos, Feb. 28, 1874, Copp's L. L. 607. Seretary Interior, Dallas v. White, Jan. 25, 1878, 5 Copp's L. O. 82. TRUSTEES AND TRUSTS Wilson v. Mason, 1 Cranch, 45. Massie v. Watts, 6 Cranch, 148. Ringo et al. v. Binns et al., 10 Pet. 269. Carroll v. Saflbrd, 3 How. 441. Cunningham v. Ashley, 14 How. 377. Warren v. Van Brunt, 19 Wall. 646. Cowell v. Colorado Springs Co., 10 Otto, 55. Lamb v. Davenport, 1 Saw. C. C. 609. Lamb v. Vaughn, 2 Saw. C. C. 161. Hardy v. Harbin, 4 Saw. C. C. 536. Norton v. Meader, 4 Saw. C. C. 603. Root v. Shields, 1 Woolw. C. C. 340. Stephensou v. Smith, 7 Mo. 610. Thompson v. Renoe, 12 Mo. 157. Groves v. Fulsome, 16 Mo. 543. Carman v. Johnson, 20 Mo. 108. Cloud v. Ivie, 28 Mo. 578. Hill v. Miller, 36 Mo. 182. Fenwick v. Gill, 38 Mo. 510. Higgins v. Higgins, 55 Mo. 346. McAlpin v. Henshaw, 6 Kans. 176. White v. Allen, 3 Oreg. 103. Dolbequy v. Tabor, 22 Cal. 279. Salmon v. Syrnonds, 30 Cal. 301. Settembre v. Putnam, 30 Cal. 490. Wilson v. Castro, 31 Cal. 421. Bludworth v. Lake, 33 Cal. 255. Walley v. Foreman, 38 Cal. 90. Hess v. Bellinger, 48 Cal. 349. McCreary v. Casey, 50 Cal. 349. Hollinshed v. Simms.'Sl Cal. 158. Rose v. Treadway, 4 Nev. 455. UNITED BRETHREN; GRANT TO, &c. P Secretary Treasury, April 20, 1803, 2 L. I. & O. 232. Com'rG-L. O.,June 29, 1824,2 L. I. & 0. 381. 2 L. I. & O. 766, 768. UNIVERSITY LANDS Regents of University a. Host, 7 Minn. 61. Combs v. Jelly, 28 Cal 498. Buhne v. Chism, 48 Cal. 467. fi Op. Att. Gen. 725. Secretary Treasury, Sept. 3, 1834, 2 L. I. & O. 595. Secretary Interior, Dec. 13, 1855, 1 Lester, 496. Secretary Interior, Glover v. University of Cal., Aug. 12, 1872, Copp's L. L. 321. UNIVERSITY LANDS Continued. Secretary Interior, University of Cal. v. Block,' Aug. 2*j. 1874, Copp's L. L. 322. Secretary Interior, Aurrecoechea v. State Cal., March 1, 1875, Copp's L. L. 325. Secretai-y Interior, Wilson v. C. P. R. R. et al., Oct. 20, 1871, Copp's L. L. 443. Secretary Interior, White v. University of Cal., Jan. 10, 1878, 4 Copp's L. 0. 188. Com'r G. L. O., May 14, 1832, 2 L. I. & O. 462. Com'r O. L. O., Dec. 17, 1833, 2 L. I. & O. 488. Com'r G. L. O., Feb. 14, 1837, 2 L. I. & O. 533. Com'r G. L. O., University of Cal., Sept. 25, 1878. VALENTINE SCRIP Secretary Interior, Chicago Cases, Feb. 28,' 1879, 6 Copp's L. O. 22. Secretary Interior, City of Seattle v. Mc- Aleer etal, March 19, 1879, 6 Copp's L. O. 136. Com'r G. L. O., circular, June 17, 1874, Copp's L. L. 806. Com'r G. L. O., instructions, Jan. 6, 1876, 2 Copp's L. O. 183. Com'r G. L. O , ex parte Throckmorton, Nov. 22, 1876, 3 Copp's L. O. 172. Com'r G. L. O , City of Seattle v. McAleer et al., Jan. 12, 1877, 3 Copp's L. O. 179. Com'r G. L. O., Chicago Cases, Feb. 12, 1878, 4 Copp's L. O. 186. VALLEJO, CITY OF Durfee v. Plaisted, 38 Cal. 80. VINCENNES DISTRICT, SETTLERS' CLAIMS IN Secretary Interior, instructions, March 21, 1823, 2 'L. I. &O. 366. Com'r G. L. O., instructions, May 15,1820, 2 L. I. & O. 301. Com'r G. L. O., instructions, Aug. 2, 1820, 2 L. I. & O. :>06. YINCENNES UNIVERSITY, TRUSTEES OF The State v. Trustees, 2 Ind. 293. VIRGINIA MILITARY LAND WARRANTS Origin : American State Papers, vol. 16, p. 5. Assignment: Sims v. Irvine, 3 Dallas, 425. Kerr v. Watts, 6 Wheat. 550. Bouldin et ux. v. Massie's heirs, 7 Wheat. 122. French v. Spencer, 21 How. 228. Warev. Brush, 15 Pet. C. C. 23. Smith v. Shane, 1 McLean, C. C. 22. Ware v. Brush, 1 McLean, C. C. 533. Wallace v. Seymour, 7 Ohio, 156. Douglass v. Dangerneld, 14 Ohio, 522. Groynne v. Niswanger, 15 Ohio, 367. Duke v. Ihompson, 16 Ohio, 34. Holland v. Thatcher, 18 Ohio, 48. Groynne v. Niswanger, 18 Ohio, 400. Groynne v. Niswauger, 20 Ohio, 556. 1 Op. Att. Gen. 311 ; 2 id. 56. 385; 3 id. 97, 382. Com'r G. L. O., circular, Nov. 16, 1830, 2 L. I. & O. 436. Lands locatable: Doddridge v. Thompson, 9 Wheat 469. Reynolds v. Me Arthur, 2 Pet. 417. Lindsey v. Miller's lessees, 6 Pet. 666. Galloway v. Finley, 1-2 Pet. 264. Chinnu. 'Darnell. 4 McLean, C. C. 440. Bonner v. United States, 1 N. & H. 125. Parker v. Dunn, 4 Ohio, 239. Saunders v. Niswanger, 11 Ohio St. 298. Com'r G. L. O., circular, November 13. 1830, 2 L. I. & 0.436. Com'r G. L. O., circular, August 17, 1853, 1 Lester, 682. Com'r G. L. O., exparte Kendricks, April 3, 1880, 7 Copp's L. O. 69. Patent* : Galloway v. Finley, 12 Pet. 264. Niswanger v. Saunders, 1 Wall. 424. Nelson v. Moore, 3 McLean, C. C. 319. Saum v. Latham, 1 Ohio, 309. Wallace v. Seymour, 7 Ohio, 156. Porter v. Robb, 7 Ohio, 206, Gro.; nne v. Niswanger, 15 Ohio, 367. Ixii CITATION OF DECISIONS. VIRGINIA MILITARY LAND WARRANTS Continued. Patent* : Stubblefield v. Boggs, 2 Ohio St 216. Clark v. Souther land, 16 Ohio St, 408. 1 Op. Att. Gen. 159; 2 id. 25. Warrants, surveys, and entries : Taylor & Quarles v. Brown, 5 Cranch, 234. Vowles v. Craig, 8 Cranch, 371. Kerr v. Watts, 6 Wheat. 5."0. Miller et al. v. Kerr et al., 7 Wheat 1. Taylor's lessee v. Myers, 7 Wheat 23. Anderson v. Clark, 1 Pet. 628. Hunt v. Wickliff, 2 Pet. 201. Gait v. Galloway, 4 Pet. 3:52. Lindsey v. Miller, 5 Pet. 666. Wallace v. Parker, 6 Pet. 680. Holmes v. Trout, 7 Pet. 171. Brush v. Ware. 15 Pet. 93. McArthur's heirs v. Dun's heirs, 7 How. 262. Walker v. Smith, 21 How. 579. Lindsey v. Miller, 1 McLean, C. C. 20. Brush v. Ware, 1 McLean, C. C. 553. Gait r. McMillan, 3 McLean, C. C. 20. Chinn v. Darnell, 4 McLean. C. C. 440. Saum i'. Latham, 1 Ohio, 309. Dresback v. McArthur. 7 Ohio, 146. Huston v. McArthur, 7 Ohio, 383. Wycofftf. Stephenson, 14 Ohio, 13. Holland v. Thatcher, 18 Ohio, 48. Lathan v. Offry, 18 Ohio, 104. Price v. Johnston, 1 Ohio St. 390. Stubbletield v. Boggs, 2 Ohio St. 216. Wood v. Ferguson, 7 Ohio St. 288. McKinney v. McKinney, 8 Ohio St. 423. Saunders'r. Xiswanger, 8 Ohio St. 298. 3 Op. Att. Gen., 35, 103 ; 6 id. 243 ; 7 id. 32, 52 ; 9 id. 156, 352, 354. Com'r G. L. O., July 2, 1830, 2 L. I. & O. 426. Com'r G. L. O., circular, Nov. 16, 1830, 2 L. I. & O. 436. Com'r G. L. O., July 20, 1875, Copp's L. L. 742. TVABASHAW, TOWN OF Secretary Interior, June 14, 1859, 1 Lester, 635. WATER RIGHTS Prior appropriation under local customs, . v. Vaughn, 11 Cal. 143. Burnett v. Whiteside, 15 Cal. 35. Butte T. M. Co. v. Morgan. 19 Cal. 609. Phu^nix Water Co. v. Fletcher, 23 Cal. 481. Con ea v. Frietas, 4J Cal. 339. Underground currents: Hanson v. McCune, 42 Cal. 303. Transfer of: Robinson v. Imperial S. Mg. Co., 5 Nev. 44. Barkley v. Fileke, 2 Montana, 59. CITATION OF DECISIONS. Ixiii WATER RIGHTS Continued. Transfer of .- Or, man v. Dixon, 13 Gal. 33. St. John v. Kicld, 26 Cal. 263. McDonald v. Askew, 29 Cal. 200. Reynolds v. Hosmer, 51 Cal. 203. Amount of water, entitled to : Caruthers v. Pemberton, 1 Montana, 111. Bear River Co. v. N. Y. Mg. Co., 8 Cal. 327. White v. Todd, 8 Cal. 44 J. Butte Canal Co. v. Vaughn, 11 Cal. 143. Nevada Water Co. v. Powell, 34 Cal. 109. Abandonment : Atchison v. Peterson, 1 Montana, 561. Hoffman v. Stone, 7 Cal. 47. Butte Canal Co. v. Vaughn, 11 Cal. 143. Wiseman v. McNulty, 25 Cal. 230. Union Water Co. v. Crary, 25 Cal. 504. St. John v. KMd, 26 Cal. 263. Davis v. Gale, 32 Cal. 26. Patents, pre-emptions, or homesteads, how sub- ject to : Broder v. Water Co., 11 Otto, 274. Union Mill & Mg. Co. v. Ferris, 2 Saw. C. C. 176. WATER RIGHTS Continued. Patent*, pre-emptions, or homesteads, how sub- ject to : Union Mill & Mg. Co. v. Dangberg, 2 Saw. C.C.451. Vansicklo v. Haines, 7 Nev. 249. Barnes v. Sabron, 10 Nev. 217. Thorp v. Freed, 1 Montana, 652. Ogburn v. Connor, 46 Cal. 347. Broder v. N. W. & Mg. Co., 50 Cal. 621. Com'r G. L. O., April 16, 1871, Copp's Mg. Dec. 42. Com'r G. L. O., March 21, 1872, Copp's Mg. Deo. 82. WISCONSIN RIVER Woodman v. Kilbourn Mf. Co., 1 Bissell, C. C. 5415. 9 Op. Att. Gen. 346. Secretary Interior, Feb. 13, 1857. 1 Lester. 507. YAZOO CLAIMS 8 Op. Att, Gen. 35. YOSEMITE VALLEY- LOW v. Hutchins, 15 Wall. 77. Low v. Hutchins, 41 Cal. 634. OHIO. No. 1. AN ACT to enable the officers and soldiers of the Virginia line on continen- August 10, 1790 tal establishment, to obtain titles to certain lands lying northwest of the river Vol. 1, p. 182. Ohio, between the Little Miami and Sciota. SECTION 1. Be it enacted by the Senate and House of Representatives of Repeal. the United States of America in Congress assembled, That the act of Con- gress of the seventeenth of July, one thousand seven hundred and eighty-eight, relative to certain locations and surveys made by, or on account of the Virginia troops on continental establishment upon lands between the Little Miami and Sciota rivers, northwest of the Ohio, be, and the same is hereby repealed. And whereas the agents for such of the troops of the State of Virginia, who served on the continental establishment in the army of the United States, during the late war, have reported to the executive of the said State, that there is not a sufficiency of good land on the southeasterly side of the river Ohio, according to the act of cession from the said State to the United States, and within the limits assigned by the laws of the said State, to satisfy the said troops for the bounty lands due to them, in conformity to the said laws : to the intent therefore that the differ- ence between what has already been located for the said troops, on the southeasterly side of the said river, and the aggregate of what is due to the whole of the said troops, may be located on the northwesterly side of the said river, and between the Sciota and Little Miami rivers, as stipulated by the said State : SEC. 2. Be it further enacted, That the Secretary of the Department of Secretary of War shall make return to the executive of the State of Virginia of the ^ to the e^ec- names of such of the officers, non-commissioned officers and privates of u tive of Virginia the line of the said State, who served in the army of the United States, of those entitled on the continental establishment, during the late war, and who, in con- to bounty lands, formity to the laws of the said State, are entitled to bounty lands ; and shall aLo in such return state the aggregate amount in acres due to the said lino by the laws aforesaid. SEC. 3. And be it further enacted, That it shall and may be lawful for Agents to lo- the said agents to locate to and for the use of the said troops, between {^tsfw?th *use the rivers Sciota and Little Miami, such a number of acres of good O f the troops , land as shall, together with the number already located between the said two rivers, and the number already located on the southeasterly side of the river Ohio, be equal to the aggregate amount, so to be re- turned as aforesaid by the Secretary of the Department of War. SEC. 4. And be it further enacted, That the said agents, as soon as may and to enter in be after the locations, surveys and allotments are made and completed, of each locaUon shall enter in regular order, in a book to be by them provided for that an) j 8U rvey. purpose, the bounds of each location and survey .between the said two rivers, annexing the name of the officer, non-commissioned officer or private originally entitled to each ; which entries being certified by the said agents or the majority of them, to be true entries, the book containing the same shall be filed in the office of the Secretary of State. SEC. 5. And be it further enacted, That it shall lawful for the President President to of the United States to cause letters- patent to be made out in such ^t to IwnSSe words and form as he shall devise and direct, granting to such person so ou t to those enti- originally entitled to bounty lands, to his use, and to the use of his heirs tied t o bounty or assigns, or his or their legal representative or representatives, his, her lands, or their heirs or assigns, the lands designated in the said entries : Pro- vided always, That before the seal of the United States shall be affixed to such letters-patent, the Secretary of the Department of War shall have indorsed thereon that the grantee therein named, was originally entitled to such bounty lands, and that he has examined the bounds thereof with the book of entries filed in the office of the Secretary of State, and finds the same truly inserted ; and every such letters-patent shall be counter- signed by the Secretary of State, and a minute of the date thereof, and of the name of the grantee shall be entered of record in his office, in a book to be specially provided for the purpose. 1 L O VOL II Z OHIO. Secretary of SEC. 6. And be it further enacted, That it shall be the duty of the Sec- State to transmit retary of State, as soon as may be after the letters-patent shall be so the same to the completed and entered of record, to transmit the same to the executive executr ir- of the state of Virginia, to be by them delivered to each grantee ; or in case of his death, or that the right of the grantees shall have been legally transferred before such delivery, then to his legal representative or representatives, or to one of them. Letters patent SEC. 7. And be it further enacted, That no fees shall be charged for obtained without such letters patent and record, to the grantees, their heirs or assigns, or to his or their legal representative or representatives, (a) (a) See Xos. 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 52, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. Aug. 12, 1790. No. 2. Resolved, #c., That all surveys of lands in the western terri- Vol. 1, p. 187. torv. made underthe direction of thft late o-ftocrranhftr. Thomas Hntnhins. tory, made under the direction of the late geographer, Thomas Hutchins, Contracts for agreeable to contracts for part of the said lands made with the late Board surveys in the of Treasury, be returned to, and perfected by, the Secretary of the Treas- western terri- nry, so as to complete the said contracts: and that the said Secretary be, and is hereby, authorized to direct the making and completing any other surveys that remain to be made, so as to comply on the part of the United States with the several contracts aforesaid, in conformity to the terms thereof. March 3, 1791. No. 3. Resolved, #c., That the President of the United States be, and Vol. 1, p. 225. he hereby is requested, to cause an estimate to be laid before Congress at ~An estimate of tneir next 8ession > of the quantity and situation of the lands not claimed lands in North by the Indians, nor granted to, nor claimed by any of the citizens of the Carolina and the United States, within the territory ceded to the United States, by the Northwest Terri- state of North Carolina, and within the territory of the United States, bTInSnfoS ^rthwest of the river Ohio. izens to be made. r 12, 1792. ^*<> 4. AX ACT for ascertaining the bounds of a tract of land purchased by John ol. 6, p. 7. Cleves Symmes. p. d Be it enacted, c., That the President of the United States be, and he thoriz'ed to alter nere ^>y i s > authorized, at the request of John Cleves Symmes, or his the contract with agent or agents, to alter the contract, made between the late Board of John C. Symmes, Treasury and the said John Cleves Symmes, for the sale of a tract of ** land of one million of acres, in such manner that the said tract may ex- tend from the mouth of the Great Miami to the mouth of the Little / Miami, and be bounded by the river Ohio on the south, by the Great Miami on the west, by the Little Miami on the east, and by a parallel of latitude on the north, extending from the Great Miami to the Little Miami, so as to comprehend the proposed quantity of one million of Not to inter a<5res : Provided, That the northern limits of the said tract shall not fere with Indian interfere with the boundary line established by the treaty of Fort Har- bonndary. &c. mar, between the United States and the Indian nations ; And provided, Reservation of also, That the President reserve to the United States such lands, at and ertain lands. near Fort Washington, as he may think necessary for the accommoda- tion of a garrison at that fort, (a) (a) See Xos. 6, 16, 25, 30, 31, 32, 36, 133, 170, 181. April 21, 1792. :>o. 5. AX ACT authorizing the grant and conveyance of certain lands to the Ohio Vol. 6, p. 8. Company of Associates. Certain tract of Be it enacted, <$~c., That a certain contract expressed in an indenture land contracted executed on the twenty-seventh day of October, in the year one thou- for in 1787. san( j seven hundred and eighty-seven, between the then Board of Treas- ury for the United States of America, of the one part, and Manasseh Cutler, and Winthrop Sergeant, as agents for the directors of the Ohio Company of Associates, of the other part, so far as the same respects the following described tract of land ; that is to say : " Beginning at a station where the western boundary line of the seventh range of town- ships, laid out by the authority of the United States in Congress as- sembled, intersects the river Ohio ; thence extending along that river southwesterly to a place where the western boundary line of the fif- teenth range of townships, when laid out agreeably to the land ordi- nance passed the twentieth day of May, one thousand seven hundred OHIO. 3 and eighty- five, would touch the said river ; thence running northerly on the said western bounds of the said fifteenth range of townships, till a line drawn due east to the western boundary line of the said seventh range of townships, will comprehend, with the other lines of this tract, seven hundred and fifty thousand acres of land, besides the several lots and parcels of land in the said contract reserved or appropriated to par- ticular purposes ; thence running east to the western boundary line of the said seventh range of townships, and thence along the said line to the place of beginning," be and the same is hereby confirmed : And that Confirmed, and the President of the United States be, and he hereby is, authorized and President U.S. to empowered to issue letters-patent in the name and under the seal of f n t i n the^name the United States, thereby granting and conveying to Rufus Putnam, of Eufus Put _ Manasseh Cutler, Robert Oliver, and Griffin Green, and to their heirs nam, &c. jfnd assigns, in fee-simple, the said described tract of land, with the reservations in the said indenture expressed, in trust for the persons composing the said Ohio Company of Associates, according to their several rights and interests, and for their heirs and assigns, as tenants in common. SEC. 2. And be it further enacted, That the President be, and he hereby To grant one is, further authorized and empowered, by letters-patent as aforesaid, to other tract to Ru- grant and convey to the' said Rufus Putnam, Manasseh Cutler, Rob- tu J Putaam > & o- ert Oliver, and Griffin Green, and to their heirs and assigns, in trust, for the uses above expressed, one other tract of two hundred and four- teen thousand two hundred and eighty-five acres of land: Provided, Onwhatcondi- That the said Rufus Putnam, Manasseh Cutler, Robert Oliver, and tions. Griffin Green, or either of them, shall deliver to the Secretary of the Treasury, within six months, warrants which issued for army bounty - rights sufficient for that purpose, according to the provision of a resolve of Congress of the twenty-third day of July, one thousand seven hun- dred and eighty-seven. SEC. 3. And be it further enacted, That the President be, and he hereby To grant one is, further authorized and empowered, by letters-patent as aforesaid, to other tract to Ru- grant and convey to the said Rufus Putnam, Manasseh Cutler, Robert u am> &c ' Oliver, and Griffin Green, and to their heirs and assigns, in fee-simple, in trust for the uses above expressed, a farther quantity of one hun- dred thousand acres of land: Provided always, nevertheless, That the said On an express grant of one hundred thousand acres shall be made on the express con- condition, dition of becoming void, for such part thereof as the said company shall not have, within five years from the passing of this act, conveyed in fee-simple, as a bounty and free of expense, in tracts of one hundred acres, to each male person, not less than eighteen years of age, being an actual settler at the time of such conveyance. SEC. 4. And be it farther enacted, That the said quantities of twohun- Where to be dred and fourteen thousand, two hundred and eighty-five acres, and of located, one hundred thousand acres, shall be located within the limits of the tract of one million, five hundred thousand acres of land, described in the indenture aforesaid, and adjoining to the tract of land described in the first section of this act, and in such form as the President in the letters- patent shall prescribe for that purpose. (a) (a) See Nos. 81, 133. No. 6. AN ACT authorizing the grant and conveyance of certain lands to John May 5, 1792. Cleves Symmes, and his associates. Vol. 1, p. 266. SECTION 1. Be it enacted, #c., That the President of the United States p re8 ident au- be and he hereby is authorized and empowered to issue letters-patent thorized to grant in the name and under the seal of the United States, thereby granting a certain number and conveying to John Cleves Symmes and his associates, and to their gLjJJJJJJ on cer- heirs and assigns, in fee-simple, such number of acres of land as the pay-t in conditions, ments already made by the said John Cleves Symmes, his agents or as- sociates, under their contract of the fifteenth day of October, one thou sand seven hundred and eighty-eight, will pay for, estimating the lands at two-thirds of a dollar per acre, and making the reservations specified in the said contract. SEC. 2. And le it further enacted, That the President be and he hereby TO grant on* is further authorized and empowered, by letters-patent as aforesaid, to other tract, grant and convey to the said John Cleves Symmes and his associates, and to their heirs and assigns in fee-simple, one other tract of one hun- 4 OHIO. dred and six thousand eight hundred and fifty-seven acres, with the reservations as aforesaid : Provided, That the said John Cleves Symmes, or his agents or associates, or any of them, shall deliver to the Secretary of the Treasury, within six months, warrants which issued for army bounty-rights sufficient for that purpose, according to the provision of the resolves of Congress of the twenty-third of July, and second of Octo- ber, one thousand seven hundred and eighty-seven ; but in case so many warrants should not be delivered, then the letters-patent last aforesaid to be given for such number of acres, as shall be in proportion to the warrants so delivered. () One township SEC. 3. And be it further enacted, That the President be and he is hereby granted for sem- authorized and empowered, by letters-patent as aforesaid, to grant and inaries of learn- convey unto the said John Cleves Symmes and his associates, their "*' heirs and assigns, in trust for the. purpose of establishing an academy and other public schools and seminaries of learning, one complete town- ship, conformably to an order of Congress of the second of October, one thousand seven hundred and eighty-seven, made in consequence of the application of the said John Cleves Symmes, for the purchase of the tract aforesaid. (6) The lands to be SEC. 4. And be it further enacted, That the several quantities of land, to located agreeable be granted and conveyed as aforesaid, shall be included and located to a former act. w ithin such limits and lines of boundary, as the President may judge expedient, agreeably to an act passed the twelfth day of April, one thou- sand seven hundred and ninety-two, " for ascertaining the bounds of a tract of land purchased by John Cleves Symmes." (a) See Nos. 4, 16, 25, 30, 31, 32, 36, 133, 170, 181. (6) See No. 31. April 16, 1794. No. 7. AX ACT to authorize Ephraim Kimberly to locate the land warrant issued Vol. 6, p. 14. to him for services in the late American Army. Ephraim Kim- Be it enacted, $~c., That permission be, and the same is hereby granted berly permitted to Ephraim Kimberly, now resident on the west bank of the Ohio, near to locate certain Indian Short-creek, within the territory northwest of the Ohio, to locate the land warrant issued to the said Kimberly, for three hundred acres of land, for his services in the late American Army, so as to include the land where he now resides, or as convenient as may be thereto : Provided, Under what re- jj e <|oth not interfere with any existing claim, location or survey : And upon the said Kim berly ; s procuring the said land to be surveyed, in such way and manner as shall be pointed out and directed by the Presi- dent of the United States, and returning his said warrant into the Treasury of the United States, the President of the United States shall be, and he hereby is authorized and empowered to issue letters-patent in the name, and under the seal of the United States, thereby granting and conveying to the said Ephraim Kimberly, the three hundred acres of land that shall be so located and surveyed. TrmA Q 17Q4 No. 8. AN ACT to amend the act intituled "An act to enable the officers and soldiers Vol 1 n 394 f the Virginia line on continental establishment, to obtain titles to certain lands _L_ lying northwest of the river Ohio, between the Little Miami and Sciota. Officers an d j} a enacted, #c., That all and every officer and soldier of the Virginia soldiers of \jr- j ine Qn cor ,tme~ntal establishment, his or their heirs or assigns, enti- tb obtain certain tied to bounty lands on the northwest side of the river Ohio, between lands. the Sciota arid Little Miami rivers, by the laws of the State of Virginia, and included in the terms of cession of the said State to the United States, T o produce shall, on producing the warrant, or a certified copy thereof, and a cer- Secre- tificate under the seal of the office where the said warrants are legally kept, that the same or a part thereof remains unsatisfied, and on pro- ducing the survey, agreeably to the laws of Virginia, for the tract or tracts to which he or they may be entitled, as aforesaid, to the Secre- tary of the Department of War, such officer and soldier, his or their And receive fceirg or assigns, shall be entitled to, and receive a patent for the same Pde'nt of ^United from the President of the United States, anything in any former law to States. the contrary notwithstanding. Provided, That no letters-patent shall be issued for a greater quantity of land than shall appear to remain due on such warrant, and that before the seal of the United States shall be tarv of War. OHIO. 5 affixed to such letters-patent the Secretary of the Department of War TO be endorsed shall have endorsed thereon that the grantee therein named or the per- by Secretary of son under whom he claims was originally entitled to such bounty lands, War - and every such letters-patent shall be countersigned by the Secretary . An " counter- of State and a minute of the date thereof, and the name of the grantee gfy O f StateT&c! shall be entered of record in his office in a book to be specially pro- vided for that purpose, (a) (a) See Nos. 1, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159- 166, 172, 174, 177, 180, 183, 184, 187, 190. ]Vo. 9. AN ACT to authorize a grant of lands to the French inhabitants of Galli- March 3, 1795. opolis, and for other purposes therein mentioned. Vol. 1, p. 442. SECTION 1. Be it enacted, #c., That the President of the United States p res ident to shall be and he is hereby authorized and empowered to cause to be sur- cause a certain veyed, in the territory northwest of the Ohio, a tract of land situate on tract of land to the northerly bank o*f the river Ohio, beginning one mile and a half on be surve y ed - a straight line above the mouth of Little Sandy, thence down the said river Ohio along the courses thereof eight miles when reduced to a straight line thence at right angles from each extremity of the said line so as to include the quantity of twenty- four thousand acres of land to be disposed as herein after directed. SEC. 2. And be it further enacted, That the President be authorized to To cause the cause to be ascertained the number of French inhabitants and actual F re t ncb f ^am 1 settlers of the town or settlement of Galliopolis, being males above J^g 3 be enu ." eighteen years of age or widows who are or shall be within the said merated. town or settlement of Galliopolis on the first day of November next. SEC. 3. And be it further enacted, That the President of the United Letters - patent States shall be andhe is hereby authorized and empowered to issue letters- * , be J 88ued *? patent in the name and under the seal of the United States, thereby grant- f r atract of sTid ing to John Gabriel Gervais, and his heirs, four thousand acres of land, land on condition, part of the said twenty-four thousand acres to be located on the north- west bank of the river Ohio opposite to the mouth of the Little Sandy, with condition in the said letters-patent that if the said John Gabriel Gervais or his heirs shall not personally within three years from the date of the same patent settle on the same tract of land, and there continue settled for three years next thereafter, the same letters-patent shall be void and determine, and the title thereof revest in the United States as if this law had not passed. SEC. 4. And be it further enacted, That the President of the United Remainder to States shall be and he is hereby authorized and empowered to cause to am^ theactual be surveyed, laid off and divided, the remaining twenty thousand acres settlers of Gal- of land, residue of the twenty-four thousand acres, into as many lots liopolis. or parts as the actual settlers of Galliopolis shall on the ascertainment aforesaid amount to, and the same to be designated, marked and nnin- bered on a plat thereof to be returned to the secretary of the said ter- ritory, together with a certificate of the courses of the said lots, the said lots or parts of the aforesaid tract, to be assigned to the settlers afore- said by lot. And the President of the United States is hereby author- Patents to is- ized and empowered to issue letters-patent as aforesaid to the said actual 8ue> settlers and their heirs for the said twenty thousand acres, to be held by them in severally in lots to be designated and described by their numbers on the plat aforesaid, with condition in the same letters-patent On condition, that if one or more of the said grantees his or her heirs or assigns shall not within five years from the date of the same letters make or cause and procure to be made an actual settlement on the lot or lots assigned to him, her or them, and the same continue for five years thereafter, that then the said letters-patent so far as concerns the said Idt or lots not settled and continued to be settled as aforesaid shall cease and de- termine and the title thereof shall revest in the United States in the same manner as if this law had not passed. SEC. 5. And be it further enacted, That nothing in this act shall be Settlers' claims taken or considered in any manner to impair or affect the claims of the said settlers against any person or persons for or by reason of any con- tracts heretofore made by them, but that the same contracts shall be and remain in the same state as if this law had not passed, (a) (a) See Nos. 13, 40. b OHIO. May 17 1796 No. 10. AN" ACT to authorize Ebenezer Zane to locate certain lands in the territory Vol. 6, p. 27. of tne United States northwest of the river Ohio. Be it enacted, <$-c., That, upon the conditions hereinafter mentioned, to Ebenez^r there sha11 be g ranted to Ebenezer Zane three tracts of land, not ex- Zane. ceeding one mile square each, one on the Muskingum River, one on Hockhocking River, and one other on the north bank of Sciota River, and in such situations as shall best promote the utility of a road to be opened by him on the most eligible route between Wheeling and Lime- stone, to be approved by the President of the United States, or such Proviso. person as he shall appoint for that purpose ; Provided, Such tracts shall not interfere with any existing claim, location, or survey ; nor include any salt spring, nor the lands on either side of the river Hockhocking at the falls thereof. Ebenezer Zane SEC. 2. And be it further enacted, That upon the said Zane's procur- to procure the ing, at his own expense, the said tracts to be surveyed, in such way tracts to be sur- an d manner as the President of the United States shall approve, and re- eSense &o turning into the Treasury of the United States plats thereof, together with warrants granted by the United States for military land-bounties, to the amount of the number of acres contained inthe said three tracts; and also, producing satisfactory proof, by the first day of January next, that the aforesaid road is opened, and ferries established upon the rivers aforesaid, for the accommodation of travellers, and giving security that such ferries shall be maintained during the pleasure of Congress ; the President of the United States shall be, and he hereby is, authorized and empowered to issue letters-patent, in the name and under the seal of the United States, thereby granting and conveying to the said Zane, and his heirs, the said tracts of land located and surveyed as aforesaid ; which patents shall be countersigned by the Secretary of State, and re- Proviso, corded in his office : Provided always, That the rates of ferriage, at such ferries, shall, from time to time, be ascertained by any two of the judges of the territory northwest of the river Ohio, or such other au- thority as shall be appointed for that purpose, (a) (a) See No. 18. May 18, 1796. Vol. 1, p. 464. A surveyor- general to be ap- pointed; his pow- er and duties. The lands how to be surveyed, laid out, &c. No. 11. AN ACT providing for the sale of the lands of the United States, in the ter- ritory northwest of the river Ohio, and above the mouth of Kentucky River. SECTION 1. Be it enacted, $~c. That a surveyor-general shall be ap- pointed, whose duty it shall be to engage a sufficient number of skil- ful surveyors, as his deputies ; whom he shall cause, without delay, to survey and mark the unascertained outlines of the lauds lying north- west of the river Ohio, and above the mouth of the river Kentucky, in which the titles of the Indian tribes have been extinguished, and to divide the same in the manner hereinafter directed ; he shall have au- thority to frame regulations and instructions for the government of his deputies ; to administer the necessary oaths, upon their appointments ; and to remove them for negligence or misconduct in office. SEC. 2. Be it further enacted, That the part of the said lands, which has not been already conveyed by letters-patent, or divided, in pur- suance of an ordinance in Congress, passed on the twentieth of May r one thousand seven hundred and eighty-five, or which has not been here- tofore, and during the present session of Congress may not be appro- priated for satisfying military land-bounties, and for other purposes, shall be divided by north and south lines run according to the true meridian, and by others crossing them at right angles, so as to form town- ships of six miles square, unless where the line of the late Indian pur- chase, or of tracts of land heretofore surveyed or patented, or the course of navigable rivers may render it impracticable ; and then this rule shall be departed from no further than such particular circumstances may require. The corners of the townships shall be marked with progressive numbers from the beginning ; each distance of a mile between the said corners shall be also distinctly marked with marks different from those of the corners. One- half of the said townships, taking them alternately, shall be subdivided into sections, containing, as nearly as may be, six hundred and forty acres each, by running through the same, each way, parallel lines, at the end of every two miles ; and by marking a corner, on each of the said lines, at the end of every mile; the sections shall be numbered respectively, beginning with the number one, in the north- east section, and proceeding westand east alternately, through the town- OHIO. 7 ship with progressive numbers, till the thirty- sixth be completed. And it shall be the duty of the deputy surveyors, respectively, to cause to be marked, on a tree near each corner made, as aforesaid, and within the section, the number of such section, and over it, the number of the town- ship, within which such section may be ; and the said deputies shall carefully note, in their respective field-books, the names of the corner trees marked, and the numbers so made : The fractional parts of town- ships shall be divided into sections, in manner aforesaid, and the frac- tions of sections shall be annexed to, and sold with, the adjacent entire sections. All lines shall be plainly marked upon trees, and measured with chains, containing two perches of sixteen feet and one-half each, subdivided into twenty-five equal links, and the chain shall be adjusted to a standard to be kept for that purpose. Every surveyor shall note in his field-book the true situations of all mines, saltlicks, salt springs and mill-seats, which shall come to his knowledge; all water-courses, over which the line he runs shall pass; and also the quality of the lands. These field-books shall be returned to the surveyor-general who shall therefrom cause a description of the whole lands surveyed, to be made out and transmitted to the officers who may superintend the sales : He pi a t of town- shall also cause a fair plat to be made of the townships, and fractional ships and frac- parts of townships, contained in the said lands, describing the subdivi- tiona 1 parts to be sions thereof, and the marks of the corners. This plat shall be recorded mi in books to be kept for that purpose; a copy thereof shall be kept open at the survey or- general's office, for public information; and other copies sent to the places of the sale, and to the Secretary of the Treasury, (a) SEC. 3. Be it further enacted, That a salt spring lying upon a creek Reservations which empties into the Sciota River, on the east side, together with as for the future many contiguous sections as shall be equal to one township, and every Smte 8 d States** 16 other salt spring which may be discovered, together with the section of one mile square which includes it, and also four sections at the centre of every township, containing each one mile square, shall be reserved, for the future disposal of the United States; but there shall be no reser- vations, except for salt springs, in fractional townships, where the frac- tion is less than three-fourths of a township. (&) SEC. 4. Be it further enacted, That whenever seven ranges of town- Sections of 640 ships shall have been surveyed below the Great Miami, or between the acres (except res- Sciota River and the Ohio Company's purchase, or between the southern S atvendue, boundary of the Connecticut claims and the ranges already laid off, be- by the governor ginning upon the Ohio River and extending westwardly, and the plats or secretary of thereof made and transmitted, in conformity to the provisions of this J-J^ 68 ^ $ act, the said sections of six hundred and forty acres (excluding those survey or -gen- hereby reserved) shall be offered for sale, at public veiidue, under the eral. direction of the governor or secretary of the western territory, and the surveyor-general : such of them as lie below the Great Miami shall be sold at Cincinnati ; those of them which lie between the Sciota and the Ohio Company's purchase, at Pittsburg ; and those between the Con- necticut claim and the seven ranges, at Pittsburg. And the townships Undivided remaining undivided shall be offered for sale, in the same manner, at the to hi P 8 to be seat of government of the United States, under the direction of the Sec- n r bv theSecre" retary of the Treasury, in tracts of one quarter of a township lying at taryo'f theTreas- the corners thereof, excluding the four central sections, and the other my. reservations before mentioned: Provided always, That no part of the ^ partof the lands directed by this act to be offered for sale, shall be sold for less J^ less than two than two dollars per acre. dollars per acre. SEC. 5. Be it further enacted, That the Secretary of the Treasury, Secretary o f after receiving the aforesaid plats, shall forthwith give notice, in one SjS^J ^the newspaper in each of the United States, and of the territories north- times O f 8a i e &c> west and south of the river Ohio, of the times of sale ; which shall, in no case, be less than two months from the date of the notice ; and the sales at the different places shall not commence, within less than one month of each other : And when the governor of the western territory, or Secretary of the Treasury, shall find it necessary to adjourn, or sus- pend the sales under their direction, respectively, for more than three days, at any one time, notice shall be given in the public newspapers, of such suspension, and at what time the sales will re-commence. SEC. 6. Be it further enacted, That immediately after the passing of Certain other this act, the Secretary of the Treasury shall, in the manner hereinbefore lai directed, advertise for sale, the lands remaining unsold in the seven ranges of townships, which were surveyed, in pursuance of an ordinance 8 OHIO. of Congress, passed the twentieth of May, one thousand seven hundred and eighty-five, including the lands drawn for the Army, by the late Secretary of War, and also those heretofore sold, but not paid for ; the townships which by the said ordinance, are directed to be sold entire, shall be offered for sale, at public vendue in Philadelphia, under the direction of the Secretary of the Treasury, in quarter townships, re- serving the four centre sections, according to the directions of this act. The townships, which, by the said ordinance, are directed to be sold in sections, shall be offered for sale at public vendue, in Pittsburg, under the direction of the governor or secretary of the western territory, and such person as the President may specially appoint for that purpose, by sections of one mile square each, reserving the four centre sections, as aforesaid ; and all fractional townships shall also be sold in sections, at Pittsburg, in the manner, and under the regulations provided by this act, for the sale of fractional townships: Provided always, That nothing in this act shall authorize the sale of those lots, which have been here- tofore reserved in the townships already sold. Mode of pay- SEC. 7. Be it further enacted, That the highest bidder for any tract ment and of ob- of land, sold by virtue of this act, shall deposit, at the time of sale, one- taining a patent, twentieth part of the amount of the purchase money ; to be forfeited, if a moiety of the sum bid, including the said twentieth part, is not paid within thirty days, to the Treasurer of the United States, or to such per- son as shall be appointed by the President of the United States, to attend the places of sale for that purpose ; and upon payment of a moiety of the purchase money, within thirty days, the purchaser shall have one year's credit for the residue ; and shall receive from the Secretary of the Treasury, or the governor of the western territory, (as the case may be) a certificate describing the land sold, the sum paid on account, the bal- ance remaining due, the time when such balance becomes payable ; and that the whole land sold will be forfeited, if the said balance is not then paid ; but that if it shall be duly discharged, the purchaser, or his assignee, or other legal representative, shall be entitled to a patent for the said lands : And on payment of the said balance to the Treasurer, within the specified time, and producing to the Secretary of State a receipt for the same, upon the aforesaid certificate, the President of the United States is hereby authorized to grant a patent for the lands to the said purchaser, his heirs or assigns : And all patents shall be countersigned by the Sec- retary of State, and recorded in his office. But if there should be a fail- ure in any payment, the sale- shall be void, all the money theretofore paid on account of the purchase shall be forfeited to the United States, and the lands thus sold shall be again disposed of, in the same manner as if a sale had never been made : Provided nevertheless, That should any purchaser make payment of the whole purchase money at the time when the payment of the first moiety is directed to be made, he shall be en- titled to a deduction of ten per centum on the part, for which a credit is hereby directed to be given; and his patent shall be immediately issued. Entries to be SEC. 8. Be it further enacted, That the Secretary of the Treasury, and made of the date the governor of the territory northwest of the river Ohio, shall re- of sales, tne stream and the bed thereof shall become common to Compensation SEC. 10. And be it further enacted, That the surveyor-general shall re- of surv. -general, ceive for his compensation, two thousand dollars per annum ; and that OHIO. 9 the President of the United States may fix the compensation of the as- President t o sistarit surveyors, chain- carriers and axe-men : Provided, That the whole J f x aSlSfsu^- expense of surveying and marking the lines, shall not exceed three V eyors. dollars per mile, for every mile that shall be actually run or sur- Expense not to vey ed. exceed $d for SEC. 11. And be it further enacted, That the following fees shall be paid ever n" 16 sur- for the services to be done under this act, to the Treasurer of the United ve y e(L States, or to the receiver in the western territory, as the case may be ; f ^g 1 ^ ;S d for each certificate for a tract containing a quarter of a township, twenty dollars ; for a certificate for a tract containing six hundred and forty acres, six dollars ; and for each patent for a quarter of a town- ship, twenty dollars ; for a section of six hundred and forty acres, six dollars : And the said fees shall be accounted for by the receivers, re- spectively. SEC. 12. And be it further enacted, That the sur vey or- general, assistant Oath to be tak- surveyors, and chain- carriers, shall, before they enter on the several en b F the su r- duties to be performed under this act, severally take an oath or affirma- & e c yor ~ gen tion, faithfully to perform the same ; and the person, to be appointed The person to to receive the money on salt s in the western territory, before he shall be appointed to receive any money under this act, shall give bond with sufficient secu- receive the mon- rity, for the faithful 'discharge of his trust: That, for receiving, safe- fSto^'to give keeping, and conveying to the Treasury the money he may receive, he bond, &c. shall be entitled to a compensation to be hereafter fixed. (a) See Xos. 12, 13, 21, 23, 25, 32, 36, 37, 42, 65, 76, 79, 81, 102, 119, 158. (b) See Nos. 28, 73, 76, 79, 105. (c) SeeNos. 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. (d) See No. 12. No. 12. AN ACT regulating the grants of land appropriated for military services, June 1, 1796. and for the Society of United Brethren, for propagating the Gospel among the Vol. 1, p. 490. Heathen. SECTION 1. Be it enacted, 4-0., That the surveyor-general be, and he is Surveyor- gen- hereby required, to cause to be surveyed, the tract of land beginning j*?J ^a^to'lbe at the northwest corner of the seven ranges of townships, and running 8urv eyed. thence fifty miles due south, along the western boundary of the said ranges ; thence due west to the main branch of the Scioto River ; thence up the main branch of the said river, to the place where the Indian boundary line crosses the same ; thence along the said boundary line, to the Tuscaroras branch of the Muskinguin River, at the crossing- place above Fort Lawrence ; thence up the said river, to the point, where a line, ruudue west from the placeof beginning, will intersect thesaidriver; thence along the line so run to the place of beginning ; and shall cause the said tracts to be divided into townships of five miles square, by run- ning, marking and numbering the exterior lines of the said townships, and marking corners in the said lines, at the distance of two and one- half miles from each other, in the manner directed by the act, intituled "An act providing for the sales of the lands of the United States, in the territory northwest of the river Ohio, and above the mouth of Ken- tucky River;" and that the lauds above described, except the salt springs therein, and the same quantities of land adjacent thereto, as are directed to be reserved with the salt springs, in the said recited act, and such tracts within the boundaries of the same, as have been here- tofore appropriated by Congress, be, and they are hereby, set apart and reserved for the purposes hereinafter mentioned, (a) SEC. 2. And be it further enacted, That the said land shall be granted Duty of the only in tracts containing a quarter of the township to which they be- long, lying at the corners thereof ; and that the Secretary of the Treas- ury shall, for the space of nine months, after public notice in the sev- eral States and 'Territoiies, register warrants for military services, to the amount of any one or more tracts, for any person or persons hold- ing the same ; and shall immediately after the expiration of the said p r i or it y O f lo- time, proceed to determine, by lot, to be drawn in the presence of the cation how de- Secretaries of State and of War, the priority of location of the said termined, registered warrants; and the person or persons holding the same, shall severally make their locations, after the lots shall be proclaimed, on a day to be previously fixed in the before-mentioned notice ; in failure of 10 OHIO. which, they shall be postponed in locating such warrants, to all other and patents persons holding registered warrants : And the patents for all lands lo- granted. cated under the authority of this act, shall be granted in the manner directed by the before-mentioned act, without requiring any fee therefor. Privilege t o SEC. 3. And be it further enacted, That after the time limited for mak- certain persons ing the locations, as aforesaid, any person or persons holding warrants, ranite * ' of fcne Before-mentioned description, sufficient to cover any one or more tracts, as aforesaid, shall be af liberty to make their locations, on any tract or traces not before located. Lands unlo- SEC. 4. And le it further enacted, That all the lands set apart by the cated after the first section of this act, which shall remain unlocated on the first day 1st January to o f January, in the year one thousand eight hundred, shall be released of United States 3 from the 8aid reservation, and shall beat the free disposition of the United States, in like manner as any other vacant territory of the United Claims limited. States. And all warrants or claims for lands on account of military services, which shall not, before the day aforesaid, be registered and located, shall be forever barred. (6) Three tracts SEC. 5. And ~be it further enacted, That the said surveyor-general be, to be surveyed and he is hereby, required to cause to be surveyed three several tracts propaatLn2 the of lan containing four thousand acres each, at Shoenbrun, Gnaden- Gospel among hutten, and Salem ; being the tracts formerly set apart, by an ordinance the heathen. of Congress of the third of September, one thousand seven hundred and eighty-eight, for the Society of United Brethren for propagating the Gospel among the Heathen ; and to issue a patent or patents for the said three tracts to the said society, in trust, for the uses and purposes in the said ordinance set forth, (c) Reservations. SEC. 6. And be it further enacted, That all navigable streams or rivers within the territory to be disposed of, by virtue of this act, shall be deemed to be and remain public highways. And that, in all cases, where the opposite banks of any stream not navigable shall belong to different persons, the stream and the bed thereof shall be common to both, (d) (a) See Xos. 11, 18, 32, 38, 42, 71, 130. (6) See Nos. 15, 17, 18, 27, 32, 34, 38, 4^, 49, 50, 60, 71, 128, 130, 131, 135, 139. (c) See Xos. 18, 102, 111, 113, 176. (d) See Xo. 11. No. 12a. AX ACT for the relief of the refugees from the British provinces of Canada ^ * ova Scotia - Notice to b SECTION 1, Be it enacted, <$~c., That to satisfy the claims of certain given by the Sec- persons claiming lands under the resolutions of Congress, of the twenty- retary of the third of April, one thousand seven hundred and eighty-three, and the Treasury to thirteenth of April, one thousand seven hundred and eighty-five, as refugees from the British provinces of Canada and Nova Scotia, the Secretary for the Department of War be, and is hereby authorized and directed to give notice in one or more of the public papers, of each of the States of Vermont, Massachusetts, New York, New Hampshire, and Pennsylvania, to all persons having claims under the said resolutions, to transmit to the War Office, within two years after the passing of this act, a just and true account of their claims to the bounty of Congress. , , . SEC. 2. And be it further enacted, That no other persons shall be entitled tion o f plsraons * * ue benefit f the provisions of this act, than those of the following shall be entitled descriptions, or their widows and heirs, viz : First, those heads of farni- to the benefit of lies, and single persons, not members of any such families, who were residents in one of the provinces aforesaid, prior to the fourth day of July, one thousand seven hundred and seventy-six, and who abandoned their settlements, in consequence of having given aid to the United Colonies or States, in the revolutionary war against Great Britain, or with intention to give such aid, and continued in the United States, or in their service, during the said war, and did not return to reside in the dominions of the king of Great Britain, prior to the twenty-fifth of November, one thousand seven hundred and eighty-three. Secondly, the widows and heirs of all such persons as were actual residents, as aforesaid, who abandoned their settlements as aforesaid, and died within the United States, or in their service, during the said war : And thirdly, OHIO. .11 all persons who were members of families at the time of their coming into the United States, and who, during the war, entered into their service. SEC. 3. And be it further enacted, That the proof of the several circum- Before whom stances necessary to entitle the applicants to the benefits of this act, proof o,f facts maybe taken before a judge of the Supreme or district court of the mayD< United States, or a judge of the supreme or superior court, or the first justice or first judge of the court of common pleas or county court of any State. SEC. 4. And be it further enacted, That at the expiration of fifteen Secretary of months from and after the passing of this act, and from time to time War and Secre- thereafter, it shall be the duty of the Secretary for the Department of J aT T and Comp- War to lay such evidence of claims as he may have received, before the Treasury to ex> Secretary and Comptroller of the Treasury, and with them, proceed to amineand report examine the testimony, and give their judgment what quantity of land upon the claims, ought to be allowed to the individual claimants, in proportion to the degree of their respective services, sacrifices and sufferings, in conse- quence of their attachment to the cause of the United States ; allowing to those of the first class, a quantity not exceeding one thousand acres ; In what man- and to the last class, a quantity not exceeding one hundred, making ner their judg- such intermediate classes as the resolutions aforesaid, and distributive ^ justice, may, in their judgment, require ; and make report thereof to Congress. And in case any such claimant shall have sustained such losses and sufferings, or performed such services for the United States, that he cannot justly be classed in any one general class, a separate report shall be made of his circumstances, together with the quantity of land that ought to be allowed him, having reference to the foregoing ratio: Provided, That in considering what compensation ought to be made by virtue of this act, all grants, except military grants, which may have been made by the United States, or individual States, shall be considered at the just value thereof, at the time the same were made, respectively, either in whole or in part, as the case may be, a satisfac- tion to those who may have received the same : Provided also, That no Claims not as- claim under this law shall be assignable until after report made to si g na kle until Congress, as aforesaid, and until the said lands be granted to the per- S rants are made - sons intitled to the benefit of this act. SEC. 5. Be it further enacted, That all claims, in virtue of said resolu- Limitation of tions of Congress, which shall not be exhibited as aforesaid, within the claims, time by this act limited, shall forever thereafter be barred, (a) (a) See Nos. 23, 33, 33a, 50a, 55, 80. No. 13. AN ACT to authorize a grant of lands to Stephen Monot, and others, inhab- June 25, 1793. itants of Galliopolis, therein named. Vol. 6, p. 35. Be it enacted, #c., That it shall be the duty of the surveyor-general g urve to ^ e of the Northwestern Territory, to survey one thousand two hundred ma a e of 1200 acres of land, beginning on the bank of the Ohio River, at the lower acres of land, corner of a tract surveyed pursuant to an act of Congress, entitled " An act to authorize a grant of lands to the French inhabitants of Galli- opolis, and for other purposes therein mentioned," and running thence down said river along the courses thereof, six hundred and forty poles when reduced to a straight Hue, thence extending back from the river and parallel to the lower line of the said grant so far as to include the quantity aforesaid. And the said surveyor-general shall, by lines plainly marked upon trees, divide the said tract into eight equal parts or lots, To be divided having each as nearly as may be, an equal front on the river, and des- J to ei s ht P arts > ignated by progressive numbers, marked on the corners thereof. And ' the surveyor-general, when the said lots are laid off and numbered as aforesaid, shall distribute or assign the same by lot, to Stephen Monot, Lewis Anthony Carpentier, Lewis Vimont, Francis Valton, Lewis Philip, A. Fichon, Anthony Maquet, Margaret G. C. Champaigne, wife of Peter A. Laforge, and Maria I. Dalliez, wife of Peter Luc, and to their heirs, being inhabitants of Galliopolis, who were prevented from obtaining their proportion of the land granted by the act aforesaid. The said plats to be survey or- general shall also make out a fair plat of the said tract, and made of the shall designate thereon the said lots marked each with the name of the tract and lota - person to whom the same shall have been assigned by lot as aforesaid, which plat with a certificate of the bounds and courses of the said tract d lots he shall record in his office, and return a copy thereof to the retary of State, to be filed in his office. 12 OHIO. Letters -patent SEC. 2. And be it further enacted, That the President of the United to be issued States be, and he is hereby authorised and empowered to issue letters- patent in the usual form, thereby granting to the persons above named, and to their heirs, the said tract of land to be held by them and their heirs in severalty, in lots designated, numbered and marked as afore- said. Saving of pri- SEC. 3. And be it further enacted. That nothing in this act shall be vate contracts taken or consid ered in any manner to affect the claims of the persons made with the herein named against any person or persons, for or by reason of any con- tracts heretofore made by them, but that the same contracts shall be and remain in the same state as if this act had not passed. () (a) See Xos. 9, 40. No. 14. AX ACT authorizing the grant and conveyance of a certain lot of ground to Sec y Treasury Be it enacted, <$-c., That the Secretary of the Treasury be, and he hereby ithorized to MU is authorized to contract with Elie Williams, for the sale of a certain of lot of ground, twenty perches in length, and sixteen perches in breadth. situate in the town of Cincinnati, in the territory northwest of the Ohio, it being the same lot on which certain buildings were erected by the said Elie Williams and Robert Elliot, deceased, when contractors for supplying the western army with provisions. Patent to be SEC. 2. And be it further enacted, That on payment into the Treasury granted. of the United States of such sum or sums of money as shall have been agreed upon between the said Elie Williams and the Secretary of the Treasury, as the price of the above mentioned lot, the President of the United States be, and he is hereby authorized to grant a patent for the same, to the said Elie Williams, his heirs or assigns. March ii. 1799. ^Vo. 15. AX ACT to amend the act intituled "An act regulating the grants of land Vol. 1, p. 724. appropriated for military services, and for the Society of the United Brethren, for propagating the Gospel among the Heathen." Repeal. SECTION 1. Be it Gnawed, $c. t That the fourth section of an act, inti- tuled '-An act regulating the grants of land appropriated for military berviceci, and for the Society of the United Brethren, for propagating the Gospel among the Heathen,''' be, and the same is hereby repealed. Lands unlo- SEC. 2. And be it further enacted, That all the lands set apart by the cated Jan. 1,1802, first section of the above-mentioned act, which shall remain nnlocated to^ be subject to on tfle nrst ^ay o f j anuar y > i n the year one thousand eight hundred and two, shall be released from the said reservation, and shall be at the free disposition of the Unite d States, in like manner as any other va- i cant territory of the United States. And that all warrants or claims ior lands on account of military services, which shall not, before the Limitation. day aforesaid, be registered arid* located, shall be forever barred, (a) (a) See Xos. 12. 17 IS, 27. 32. 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. March 2, 1799 No. 16. AX ACT to authorize the sale of certain lands between the Great and Little Vol. 1. p. 728. Miami rivers in the territory of the United States northwest of the Ohio ; and for ' giving a pre-emption to certain purchasers and settlers. Contractors SECTION 1. Be it enacted, $-c., That any person or persons, who before with John C. the first day of April, in the year one thousand seven hundred and Bright 8 of pre 6 ninety-seven, had made any contract or contracts, in writing, with emption, on mak- John Cleves Symmes, for the purchase of lands between the Great ing certain pay- and Little Miami rivers, which are not comprehended in his patent, ments - dated the thirtieth day of September, one thousand seven hundred and ninety -four, shall be entitled to a preference, in pui chasing of the United States, all the lands so contracted for, at the price of two dol- lars an acre, to be paid to the Treasurer of the United States, as follows : one-third part of the purchase money, on or before the first day of September next ; one other third part in one year from the said first day of September ; and the remaining third part in two years from the said first day of September ; which two last payments shall be secured in the manner pointed out and directed by the act, intituled "An act for pro- OHIO. 13 viding for the sale of the lands of the United States in the territory northwest of the river Ohio, and above the mouth of Kentucky River." And that upon each payment, the same evidences of purchase and title shall be given to the purchasers, respectively, as to purchasers under the said recited act. (a) SEC. 2. And be it further enacted, That each and every person claiming .Notice to be the benefit of this act, shall, on or before the first day of September next, f* bv P^rcha- give notice, in writing, to the Secretary of the Treasury, or to the sur- veyor-general, that they claim the right of pre-emption, by this act offered, and do assent to the terms of sale established by this act. And Right of pre- if any person shall neglect to give the said notice, or shall fail in mak- i" 1 ?^ 11 may be ing the first payment, as before directed, all right of pre-emption ' shall cease, and become void ; and the lands shall be surveyed and sold agreeably to the directions of the before-recited act. SEC. 3. And be it further enacted, That the surveyor-general shall, as The lands to soon as may be, after the receipt of the notice aforesaid, lay off and sur- be vey the said lands, agreeably to the directions of the said recited act, unless the said lands have been heretofore surveyed and laid off by the said contractors or settlers ; in which case, the surveyor-general shall survey the outlines of such tract or tracts, so as to ascertain the con- tents, and shall cause the same to be recorded and deposited, as in and by the said recited act is directed for the plats and surveys made un- der that act. SEC. 4. And be it further enacted, That it may be lawful for the Secre- p U J h a J? t r f tary of the Treasury to credit the said purchasers with such reasonable ^ tlfe expense sum or sums of money as have been expended in surveying the said O f surveying. land ; provided the same does not exceed the sums allowed by the United States to their own surveyors for the like services. SEC. 5. And be it further enacted, That the evidences of the public Evidences o f debt of the United States shall be receivable in payment for the said Je received m lands, agreeably to the directions of an act, intituled "An act to author- payment, ize the receipt of evidences of the public debt in payment for the lands of the United States." (&) (a) See No. 11. (&) See Nos. 4, 6, 25, 30, 31, 32, 36, 133, 170, 181. No. 17. AN ACT giving further time to the holers of military warrants, to regis- Feb. 11, 1800. ter, and locate the same. Vol. 2, p. 7. Be it enacted, $c., That the Secretary of the Treasury shall, for the Time extended space of fourteen days after the expiration of the nine months hereto- for registering fore allowed for that purpose,by the act, intituled "An act regulating warrants, the grants of land, appropriated for military services, and for the So- ciety of the United Brethren for propagating the Gospel among the Heathen," register warrants for military services in the form and man- ner as is prescribed by the said recited act ; and the priority of location Priority of lo- of said warrants, and the warrants registered under the said recited act cation to be de- shall be determined by lot, immediately after the expiration of the said termined by lot. fourteen days, and a day for the location shall be fixed by the Secre- tary of the Treasury, in a public notice given in one of the gazettes of the city of Philadelphia, (a) (a) See Nos. 12, 15, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. No. 18. AN ACT in addition to an act intituled "An act regulating the grants of March 1, 1800. land appropriated for military services, and for the Society of the United B for propagating the Gospel among the Heathen. , and for the Society of the United Brethren Vol. 2, p. 14. " SECTION 1. Be it enacted, returned by the surveyor-general, is stated to exceed ships stated to the quantity of four thousand acres, no patent shall be issued in pursu- contain more ance thereof, until the person making such location, shall deposit at than four thou- ^ ne Treasury, warrants for military services or certificates issued by vir- tue of the preceding section, equal to the excess above four thousand acres, contained in such quarter township, or shall pay into the Treasury Land at two o f the United States two dollars per acre, in the certificates of the six dollars per acre. per cen t. funded debt of the United States, or money, for each acre of Reservations the excess above four thousand acres as aforesaid.(c) for satisfying g EC 5> ^nd be it further enacted, That after the priority of location ro^Tndiv'iduSs 8ha11 have k 611 determined, and after the proprietors or holders of war- f or their services, rants for military services shall have designated the tracts by them re- OHIO. 15 spectively elected ; it shall be tha duty of the Secretary of the Treasury to designate by lot, in the presence of the Secretary of War, fifty quarter townships, of the lands remaining unlocated, which quarter townships, together with the fractional parts of townships remaining unlocated, shall be reserved for satisfying warrants granted to individuals for their military services, in the manner hereafter provided. SEC. 6. And be it further enacted, That the land in each of the quartter Reservations townships designated as aforesaid, and in such of the fractional parts to be divided in- of quarter townships, as may then remain unlocated, shall be divided by lots of one the Secretary of the Treasury, upon the respective plats thereof, as re- nu turned by the surveyor-general, into as many lots, of one hundred acres each, as shall be equal, as nearly as may be, to the quantity such quarter Manner in township or fraction is stated to contain ; each of which lots shall be which they shall included, where practicable, between parallel lines, one hundred and l)e sur veyed. sixty perches in length, and one hundred perches in width, and shall be designated by progressive numbers upon the plat, or survey of every such quarter township and fraction respectively. () SEC. 7. And be it further enacted, That from and after the sixteenth Holders of such day of March next, it shall be lawful for the holder of any warrant warrants may granted for military services, to locate, at any time before the first day Sffc^SSMd of January, one thousand eight hundred and two, the number of him- rec eive patents dred acres expressed in such warrant, on any lot or lots, from time to to their own use time, remaining unlocated within the tracts reserved as aforesaid, and onl y. a ft er I 6 ** 1 upon surrendering such warrant to the Treasury, the holder thereof shall ^ ore Jan' 1st be entitled to receive a patent in the manner, and upon the conditions 1302. heretofore prescribed by law ; which patent shall in every case express the range, township, quarter township or fraction, and number of the lot located as aforesaid. But no location shall be allowed, nor shall any patent be issued for any lot or lots of one hundred acres, except in the name of the person originally entitled to such warrant, or the heir or Upon surren- heirs of the person so entitled ; nor shall any land, so located and der of warrant patented, to a person originally entitled to such warrant, be considered sh t ^. 1 receive as in trust for any purchaser, or be subject to any contract made before the date of such patent, and the title to lands acquired, in consequence of patents issued as aforesaid, shall and may be alienated in pursuance of the laws, which have been, or shall be passed in the territory of the United States northwest of the river Ohio, for regulating the transfer of real property, and not otherwise. SEC. 8. And be it further enacted, That in all cases after the sixteenth where loca- of March next, where more than one application is made for the same tions are made tract, at the same time, under this act, or under the act to which this is on the same in addition, the Secretary of the Treasury shall determine the priority b^de^rSedbv of location by lot. lot. SEC. 9. And be it further enacted, That it shall be the duty of the Sec- Public notice retary of the Treasury to advertise the tracts which may be reserved for to be given of 68 location, in lots of one hundred acres, in one newspaper in each of the veecretar v States, and in the territory aforesaid, for and during the term of three O f the Treasury. months. SEC. 10. And be it further enacted, That the actual plat and survey, The plat re- returned by the surveyor-general, of quarter townships and fractional turned b > T th ^ parts of quarter townships, contained in the tract mentioned and de- toto conclusive scribed in the act to which this is a supplement, shall be considered as as to quantity. final and conclusive, so far as relates to the quantity of land supposed to be contained in the quarter townships, and fractions, so that no claim shall hereafter be set up against the United States, by any proprietor, or holder of warrants for military services, on account of any deficiency in the quantity of land contained in the quarter township or fractional part of a quarter township, which shall have been located by such pro- prietor or holder, nor shall any claim be hereafter set up by the United States, against such proprietor or holder, on account of any excess in the quantity of land contained therein, (c) (a) See Nos. 11, 32, 38, 42, 71, 130. (b) See Nos. 10, 12, 102, 111, 176. (c) See Nos. 12, 15, 17, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. 16 OHIO. April 28, 1800. No. 19. AN ACT to authorize the President of the United States to accept, for the Vol. 2, p. 56. United States, a cession of jurisdiction of the territory west of Pennsylvania, com- monly called the "Western Reserve of Connecticut. The President jj e u enacted, fc., That the President of the United States be, and he ^ent 8l releasim' hereby lti authorized to execute and deliver letters-patent iu the name the right of the and behalf of the United States, to the governor of the State of Con- United States to necticut for the time being, for the use and benefit of the persons hold- the soil of the j tf g an( i claiming under the State of Connecticut, their heirs and assigns serve. & ' for ever whereby all the right, title, interest and estate of the United States, to the soil of that tract of land lying west of the west line of Pennsylvania, as claimed by the State of Pennsylvania, and as the same has been actually settled, ascertained and run in conformity to an agree- ment between the said State of Pennsylvania and the State of Virginia, and extending from said line westward one hundred and twenty statute miles in length, and in breadth throughout the said limits in length from the completion of the forty- first degree of north latitude, until it comes to forty-two degrees and two minutes north latitude, including all that territory commonly called the Western Reserve of Connecticut, and which was excepted by said State of Connecticut out of the cession by the said State heretofore made to the United States, and accepted by a resolution of Congress of the fourteenth of September, one thousand seven hundred and eighty-six, shall be released and conveyed as afore- said to the said governor of Connecticut, and his successors in said office, for ever, for the purpose of quieting the grantees and purchasers under said State of Connecticut, and confirming their titles to the soil of tht> said tract of land. Provided Con- Provided, however, That such letters-patent shall not be executed and necticut shall Delivered, unless the State of Connecticut shall, within eight months ed states certain from passing this act, by a legislative act, renounce for ever, for the use western lands ; and benefit of the United States, and of the several individual States who may be therein concerned respectively, and of all those deriving claims or titles from them or any of them, all territorial and jurisdic- tional claims whatever, under any grant, charter or charters whatever, to the soil and jurisdiction of any and all lands whatever lying west- ward, northwestward, and south westward of those counties in the State of Connecticut, which are bounded westwardly by the eastern line of the State of New York, as ascertained by agreement between Connect- icut and New York, in the year one thousand seven hundred and thirty- three, excepting only from such renunciation the claim of said State of Connecticut, and of those claiming from or under the said State, to the soil of said tract of land herein described under the name of the West- ern Reserve of Connecticut. and execute a And provided also, That the said State of Connecticut shall, within the deed relinquish- 8a i,} eight months from and after passing this act, by the agent or agents t?f the fifteenth range of townships, shall be offered in like manner for 2 L O VOL II 18 OHIO. sale at Chilicothe, on the first Monday of May, one thousand eight hundred and one, under the direction of the register of the land office there established, and of either the governor or secretary of the said territory. The lands east of the sixteenth range of townships, south of the military lands and west of the Muskingum, including all the townships intersected by that river, shall be offered for sale in like manner at Marietta, on the last Monday of May, one thousand eight hundred and one, under the direction of the governor or secretary, or surveyor-general of the said territory. The sales shall remain open at each place for three weeks, and no longer. The superintendents shall observe the rules and regulations of the above-mentioned act, in class- ing and selling fractional with entire sections, and in keeping and transmitting accounts of the sales. All lands, remaining unsold, at the closing of either of the public sales, may be disposed of at private sale by the registers of these respective land offices, in the manner herein- after prescribed ; and the register of the land office at Steubenville, after the first day of July next, may proceed to sell, at private sale, the lands situate within the district assigned to his direction as herein be- fore described, disposing of the same in sections, and classing fractional with entire sections, according to the provisions and regulations of the above-mentioned act and of this act : And the register of the land office at Marietta, after the said first day of July next, may proceed to sell at private sale, any of the lands within the district assigned to his direc- tion as aforesaid, which are east of the river Muskingum, excluding the townships intersected by that river, disposing of the same in sections, and classing fractional with entire sections as aforesaid. Limitation of SEC. 5. And be it further enacted, That no lands shall be sold by virtue the price, and of this act, at either public or private sale, for less than two dollars mode of purchase p er acre, and payment maybe made for the same by all purchasers, id payment. e ither in specie, or in evidences of the public debt of the United States, at the rates prescribed by the act, intituled, "An act to authorize the receipt of evidences of the public debt in payment for the lands of the United States ; " and shall be made in the following manner, and under the following conditions, to wit: Tees to be paid. 1. At the time of purchase, every purchaser shall, exclusively of the fees hereafter mentioned, pay six dollars for every section, and three dollars for every half-section, he may have purchased, for surveying expenses, and deposit one-twentieth part of the amount of purchase money, to be forfeited, if within forty days one- fourth part of the pur- chase money, including the said twentieth part, is not paid. One-fourth of 2. One-fourth part of the purchase money shall be paid within forty the purchase j a y s after the day of sale as aforesaid ; another fourth part shall be " paid within two years ; another fourth part within three years ; and another fourth part within four years after the day of sale. Grade of pur- 3. Interest, at the rate of six per cent, a year from the day of sale, chase. shall be charged upon each of the three last payments, payable as they respectively become due. A discount al- 4. A discount at the rate of eight per cent, a year, shall be allowed lowed for pay- on an y o f the three last payments, which shall be paid before the same e ' shall become due, reckoning this discount always upon the sum, which would have been demandable by the United States, on the day appointed for such payment. If one fourth 5. If the first payment of one- fourth part of the purchase money th rt l is d not pa j, d 8na11 not be ma de within forty days after the sale, the deposit, payment sofd & at private and fees, paid and made by the purchaser, shall be forfeited, and the sale. lands shall and may, from and after the day, when the payment of one- fourth part of the purchase money should have been made, be disposed of at private sale, on the same terms and conditions, and in the same manner as the other lands directed by this act to be disposed of at pri- vate sale : Provided, That the lands which shall have been sold at public sale, and which shall, on account of such failure of payment, revert to the United States, shall not be sold at private sale, for a price less than the price that shall have been offered for the same at public sale. If a tract is not 6. If any tract shall not be completely paid for within one year after paid for in one t he ^ a t e o f the last payment, the tract shall be advertised for sale by " e " the register of the land office within whose district it may lie, in at loast five of the most public places in the said district, for at least thirty days before the time of sale. And he shall sell the same at public ven- due, during the sitting of the court of quarter sessions of the county in which the land office is kept, for a price not less than the whole arrears OHIO. 19 by the several officers in this act mentioned, as tions. to him may appear necessary and proper, in order fully to carry into effect the provisions of this act. OHIO. 21 SEC. 12. And be it further enacted. That the registers of the land offices, Allowance to respectively, shall be entitled to receive from the Treasury of the United tn ' registers. States, one-half per cent, on all the monies expressed in the receipts by them filed and entered, and of which they shall have transmitted an ac- . count to the Secretary of the Treasury, as directed by this act ; and they shall further be entitled to receive, for their own use, from the respect- ive parties, the following fees for services rendered, that is to say ; for every original application for land, and a copy of the same, for a section three dollars, for a half-section two dollars ; for every certificate stating that the first fourth part of the purchase money is paid, twenty-five cents ; for every subsequent receipt for monies paid, twenty-five cents ; for the final settlement of account and giving the final certificate of the same, one dollar; for every copy, either of an application or of the description of any section or half-section, or of the plat of the same, or of any entry made on their books, or of any certificate heretofore given by them, twenty- five cents for each; and for any general inspection of the book of surveys, or general plat, made in their presence, twenty- five cents. SEC. 13. And be it further enacted. That the superintendents oi the Allowance to public sales, to be made by virtue of this act, and the super intendents 8 P e ^ n . tend 1 ent8 of the sales which have taken place by virtue of the act, intituled "An OI pUD act providing for the sale of the lands of the United States in the terri- tory northwest of the river Ohio, and above the mouth of Kentucky River," shall receive five dollars a day for every day whilst engaged in that business ; and the accounting officers of the Treasury are hereby authorized to allow a reasonable compensation for books, stationery and clerk hire in settling the accounts of the said superintendents. SEC. 14. And be it further enacted, That the fee to be paid for each Patent fees. patent for half a section shall be four dollars, and for every section five dollars, to be accounted for by the receiver of the same. SEC. 15. And be it further enacted, That the lands of the United States Leases of the reserved for future disposition, may be let upon leases by the surveyor- reservations may general, in sections or half-sections, for terms not exceeding seven yeare, veyor?eneral 8111 on condition of making such improvements as he shall deem reasonable. SEC. 16. And be it further enacted, That each person who, before the Pre-emption passing of this act, shall have erected, or begun to erect, a grist-mill or right given to saw-mill upon any of the lauds herein directed to be sold, shall be en- bu titled to the pre-emption of the section including such mill, at the rate of two dollars per acre : Provided, The person or his heirs claiming such right of pre-emption, shall produce to the register of the land office satis- factory evidence that he or they are entitled thereto, and shall be sub- ject to and comply with the regulations and provisions by this act pre- scribed for other purchasers. SEC. 17. And be it further enacted. That so much of the act providing Eepeal of part for the sale of the lands of .the United States in the territory northwest of the former act. of the river Ohio, and above the mouth of Kentucky River, as comes within the purview of this act, be, and the same is hereby repealed. (a) See Nos. 21, 25, 29, 30, 32, 35, 39, 41, 44, 47, 52, 59, 65, 76, 79, 80, 81, 85, 88, 90, 99, 104, 140, 158, 189. (b) See Nos. 11, 12, 13, 21, 23, 25, 3-2, 36, 37, 42, 65, 76, 79, 81, 102, 119, 158. (c) See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80. 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. No. 22. AN ACT to authorize the issuing certain patents. May 13, 1800. SECTION 1. Be it enacted, #c., That it shall be lawful, and the proper Yo1 ' 2< p- 80 ' officer is hereby authorized to issue patents on surveys, which have Provision for been, qr may be made within the territory reserved by the State of satisfying reso- Virginia, northwest of the river Ohio, and being part of her cession to for^irgiS^miL Congress, on warrants for military services, issued in pursuance of any itary lands, resolution of the legislature of that State, previous to the passing of this act, in favor of persons who had served in the Virginia line on the continental establishment : Provided, That the whole quantity of land Proviso, for which patents shall issue by virtue of this act, shall not exceed sixty . thousand acres ; and that the surveys aforesaid shall be completed and deposited in the office of the Secretary of War, on or before the first day of December, one thousand eight hundred and three : And provided ~lso, That this act shall not give any force or validity to the entries, --tionsor surveys, heretofore made in pursuance of these warrants, 22 OHIO. so far as such entries, locations, or surveys interfere, in any manner with those of persons claiming the same lands under entries, locations, or surveys, heretofore made in pursuance of warrants, granted by the State of Virginia to the officers and soldiers in the line of that State on con tinental establishment. In case of evic- SEC. 2. And be it further enacted, That in every case of interfering tion, warrants claims under military warrants, to lands within the territory so reserved Sawn and l b F the State of Virginia, when either party to such claims shall lose, or cated elsewhere, be evicted from the land, every such party shall have a right, and hereby is authorized to withdraw his, her or their warrant, respectively, to the amount of such loss or eviction, and to enter, survey, and patent the same, on any vacant land within the bounds aforesaid, and in the same manner as other warrants may be entered, surveyed and patented, (a) (a) See Xos. 1, 8, 27, 32, 35, 45, 46, 51, 58, 64, 66. 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. Feb 18 1801 ^* ^* -^-^ ACT regulating the grants of land appropriated for the refugees from Vol.' 2, p. 100. tne British provinces of Canada and Xova Scotia. Survey of SECTION 1. Be it enacted, <$-c., That the surveyor- general be, and he is lands for the ref- hereby directed to cause those fractional townships of the sixteenth, ugees from Can- seventeenth, eighteenth, nineteenth, twentieth, twenty-first and twenty- ada, &c., to be 8e cond ranges of townships, which join the southern boundary line of the military lands, to be subdivided into half-sections, containing three hundred and twenty acres each ; and to return a survey and description of the same to the Secretary of the Treasury, on or before the first Monday of December next; and that the said lands be, and they are hereby set apart and reserved for the purpose of satisfying the claims of persons entitled to lands under the act, intituled "An act for the relief of the refugees .from the British provinces of Canada and Nova Scotia." How locations SEC. "2. And be it further enacted, That the Secretary of the Treasury shall be made, shall, within thirty days after the survey of the lauds shall have been returned to him as aforesaid, proceed to\letermine, by lot to be drawn in the presence of the Secretaries of State and of War, the priority of location of the persons entitled to lands as aforesaid. The persons, thus entitled, shall severally make their locations on the second Tuesday Patents to be of January next, and the patents for the lands thus located shall be granted. granted in the manner directed for military lands, without requiring any fee whatever. Quantities of SEC. 3. And be it further enacted, That the following persons, claiming land assigned to lands under the above-mentioned act, shall respectively be entitled to e ee8 ' tbe foll win g quantities of land ; that is to say : Martha Walker, widow of Thomas Walker, John Edgar, P. Francis Cazeau, John Allan, and Seth Harding, respectively, two thousand two hundred and forty acres each ; Jonathan Eddy, Colonel James Livingston, and Parker Clark, respect- ively, one thousand two hundred and eighty acres each ; and the heirs of John Dodge, one thousand two hundred and eighty acres; Thomas Faulkner, Edward Faulkner, David Gay, Martin Brooks, Lieutenant- Colonel Bradford, Noah Miller, Joshua Lamb, Atwood Fales, John Starr, William How, Ebenezer Gardner, Lewis F. Delesdernier, John McGown, and Jonas C. Minot, respectively, nine hundred and sixty acres each ; and the heirs of Simeon Chester, nine hundred and sixty acres ; Jacob Vander Heyden, John Livingston, James Crawford, Isaac Danks, Major B. Von Heer, Benjamin Thompson, Joseph Bindon, Joseph Levittre, Lieutenant William Maxwell, John D. Mercier, James Price, Seth Noble, Martha Bogart, relict of Abraham Bogart, and formerly relict of Daniel Tucker, and John Halsted, respectively, six hundred and forty acres each; David Jenks, Ambrose Cole, James Cole, Adam Johnson, the widow and heirs of Colonel Jeremiah Duggan, Daniel Earl, junior, John Paskell, Edward Chinn, Joseph Cone, and John Torreyre, respectively y three hundred and twenty acres each ; Samuel Fales, one hundred and sixty acres ; which several tracts of land shall, except the last, be located in half-sections by the respective claimants, (a) (a) See Nos. 33, 33a, 50a, 55. 80. OHIO. 2 No. 24. AN ACT for the relief of Arnold Henry Dorhman, or his legal representa- Fe ^ 2 ? igoi tives - Vol.' 6, p. 43.' Be it enacted, $-c., That the President of the United States be, and he is hereby authorized to issue a patent for the thirteenth township, in the seventh range, to Arnold Henry Dorhman, or his legal representa- tives, agreeably to a resolution of Congress of the first day of October, in the year one thousand seven hundred and eighty-seven. 1V. 25. AX ACT giving a right of pre-emption to certain persons who have con- March 3, 1801. tracted with John Cleves Symmes, or his associates, for lands lying between the Vol. 2, p. 112. Miami rivers, in the territory of the United States northwest of the Ohio. SECTION 1. Be it enacted, $-c., That any person or persons, and the Right of pre- legal representative or representatives of any person or persons, who, emption given to before the first day of January, in the year of our Lord one thousand ^io^av^con 8 - eight hundred, had made any contract or contracts in writing, or by any tracted with J. note or memorandum thereof in writing, either with John Cleves C. Symmes, &c. Symmes, or with any of his associates, or who had made to him or them, any payment of money for the purchase of lands, situate between the Miami rivers, within the limits of a survey made by Israel Ludlow, in conformity to an act of Congress of the twelfth of April, one thousand seven hundred and ninety-two, and not comprehended within the limits of a tract of land, conveyed to John Cleves Symmes and his associates, by letters-patent, bearing date the thirtieth of September, one thousand seven hundred and ninety-four, in the territory of the United States northwest of the Ohio, shall be entitled to a preference, in becoming the purchasers, from the United States, of all the lands so contracted for, at the price of two dollars per acre, exclusive of the surveying fees, and other incidental expenses ; and payment may be made therefor, to the Treasurer of the United States, or the receiver of public monies for the lands of the United States at Cincinnati, in like instalments, and under the same conditions, as directed by the act intituled "An act to amend the act, intituled ' An act providing for the sale of the lands of the United States, in the territory of the United States northwest of the Ohio, and above the mouth of Kentucky River. ' " Provided hoivever, That no interest shall be charged upon any of the instalments until they respectively become payable. SEC. 2. And be it further enacted, That every person, claiming the bene- Persons claim- fit of the first section of this act, shall, on or before the first day of ing the benefit of November next, deliver to the receiver of public monies, for the lands tbis . act to S^ ve of the United States at Cincinnati, a notice in writing, stating the nature JJJJJJJ ^f ^ito and extent of his claim or contract ; and if any person shall neglect to monies at Cmcin- give such notice of his claim or contract, or having given the same, shall nati. neglect to make application for the purchase thereof, as hereinafter di- rected, or shall fail in making the first payment before the first of Jan- uary next, all his right of pre-emption, on the terms aforesaid, shall cease and become void. SEC. 3. And be it further enacted, That the aforesaid receiver of public Duty of the re- monies, on being paid the fees hereinafter provided, shall receive every ceiver herein, such notice of claim, or statement thereof, and give a receipt therefor, and carefully put and preserve on file every such paper or writing, and lay the same before the commissioners, when met, for settling and ad- justing the claims aforesaid. SEC. 4. And be it further enacted, That the aforesaid receiver of public Andalaoof the monies, and two other persons, who shall be appointed by the Presi- two commission- dent of the United States alone shall b6 commissioners for the purpose er t be a P- of ascertaining the rights of persons claiming the benefits of this act, p who, previous to entering on the duties of their appointment, shall re- spectively take and subscribe the following oath or affirmation, before some person Qualified to administer oaths, to wit : " I do sol- emnly swear, or affirm, that I will impartially exercise and discharge the duties imposed on me, by an act ot Congress, intituled 'An act giv- ing a right of pre-emption to certain persons who have contracted with John Cleves Symmes, or his associates, for lands lying between the Miami rivers, in the territory of the United States northwest of the Ohio/ to the best of my understanding and ability ;" and it shall be the duty of the said commissioners to meet at Cincinnati, between the first and the tenth day of November next, of which meeting three weeks previous notice shall be given by them in a public newspaper printed at 24 OHIO. Cincinnati ; and they, or a majority of them, so met, shall not adjourn to any other place, or for a longer time than three days, until they have finally completed the business of their said appointments ; and they, or any two of them, shall have power to hear and decide, in a summary manner, all matters respecting all such claims of which notice may have been filed, pursuant to the third section of this act, also to admin ister oaths, and examine witnesses, and such other testimony as may be adduced, and to determine thereon according to justice and equity : which determination shall be final ; and when it shall appear to them, that the claimant is entitled to the right of pre-emption, on the terms aforesaid, they shall give a certificate thereof, stating as accurately as may be, the quantity and local situation of the lands to which he may be entitled, directed to the register of the land office at Cincinnati, or when the said register may be a claimant, to the surveyor-general, copies of which certificates shall be by them recorded, in a book to be pro- vided for that purpose, and deposited for safe-keeping with the register of the land office. Duty of the SEC. 5. And be it further enacted, That the aforesaid register and sur- surveyor-gen- veyor-general, respectively, upon application of any person or persons, e t^ ? notice thereof being first given, survey and lay off the same as the law general, directs : Provided, The same has not, at such time, been surveyed. No. 27. AN ACT in addition to an act, intituled "An act, in addition to an act regu- April 26, 1802. lating the grants of land appropriated for military services, and for the Society of Yol. 2, p. 155. the United Brethren, for propagating the Gospel among the Heathen." Be it enacted, <$-c., That from and after the passing of this act, and . How the hold- until the first day of January next, it shall be lawful for the holders or ers of certain proprietors of warrants heretofore granted in consideration of military services, or register's certificates of fifty acres, or more, granted, or here- register's certifi- af ter to be granted agreeable to the third section of an act intituled cates, may regis- "An act in addition to an act, intituled An act regulating the grants of te or e he land appropriated for military services; and for the Society of the sa United Brethren for propagating the Gospel among the Heathen," ap- proved the first day of March one thousand eight hundred, to register and locate the same, in the same manner, and under the same restric- 26 OHIO. tions, as might have been done before the first day of January last : Provision with Provided, That persons holding register's certificates for a less quantity respect to certaui than one hundred acres, may locate -the same on such parts of fractional cafe? 61 ' townships, as shall, for that purpose, be divided by the Secretary of the Treasury into lots of fifty acres each, (a) Secretary of SEC. 2. And be it further enacted, That it shall be the duty of the Sec- War to receive retary of War to receive claims to lands for military services, and claims anT 8 for duli' for d . u P. licate8 of warrants issued from his office, or from the land office cate s of war- of Virginia, or of plats and certificates of surveys founded on such war- rants, suggested rants, suggested to have been lost or destroyed, until the first day of to have been lost, January next, and no longer ; and immediately thereafter, to report "the s am e^to^Con 8ame * Congress, designating the numbers of claims of each description, gress, with his witil his opinion thereon. (6) opinion. (a) See Xos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131 , 135, 139. (ft) See Xos. 1, 8, 22, 32 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. April 30, 1802. No. 28. AX ACT to enable the people of the eastern division of the territory north- Vol. 2, p. 173. west of the river Ohio to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes. The inhabi- Be it enacted, ifc., That the inhabitants of the eastern division of the tants of the east- territory northwest of the river Ohio, be, and they are hereby author- the terrTto r* ze( ^ ^ ^ orm ^ or themselves a constitution and State government, and west of the Ohio to assume such name as they shall deem proper, and the said State, to form a consti- when formed, shall be admitted into ttie Union, upon the same footing tution and be- w ith the original States, in all respects whatever. CO Boun dairies SEC< ' 2l And be ^f urther enacted, That the said State shall consist of thereof. *U the territory included within the following boundaries, to wit : Bounded on the east by the Pennsylvania line, on the south by the Ohio River, to the mouth of the Great Miami River, on the west by the line drawn due north from the mouth of the Great Miami, aforesaid, and on the north by an east and west line, drawn through the southerly extreme of Lake Michigan, running east after intersecting the due north line aforesaid, from the mouth of the Great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line, aforesaid : Provided, That Congress shall be at liberty at any time hereafter, either to attach all the terri- Territory east tory lying east of the line to be drawn due north from the mouth of the thereof at the Miami, aforesaid, to the territorial line, and north of an east and west msposai n- line drawn through the southerly extreme of Lake Michigan, running east as aforesaid to Lake Erie, to the aforesaid State, or dispose of it otherwise, in conformity to the fifth article of compact between the original States, and the people and States to be formed in the territory northwest of the river Ohio. What part of SEC. 3. And be it further enacted, That all that part of the territory of territory at- the United States, northwest of the river Ohio, heretofore included in ami. 6 ^ ne eas tern division of said territory, and not included within the boundary herein prescribed for the said State, is hereby attached to, and made a part of the Indiana Territory, from and after the formation of the said State, subject nevertheless to be hereafter disposed of by Congress, according to the right reserved in the fifth article of the or- dinance aforesaid, and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and reg- ulations, in all respects whatever, with all other citizens residing within the Indiana territory, (a) * * ' * * if * * Propositions SEC. 7. And be it further enacted, That the following propositions be, ventfon t0theCOn ' and the ame a f e hereb y offered to the convention of the eastern State of the said territory, when formed, for their free acceptance or rejec- tion, which, if accepted by the convention, shall be obligatory upon the United States. First, That the section, number sixteen, in every township, and where such section has been sold, granted or disposed of, other lands equiva- lent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township, for the use of schools. (&) Second, That the six miles reservation, includiEg the salt springs, commonly called the Scioto salt springs, the salt springs near the Mus- kingum River, and in the military tract, with the sections of land which include the same, shall be granted to the said State for the use of the OHIO. 27 people thereof, the same to be used under such terms and conditions and regulations as the legislature of the said State shall direct : Pro- vided, The said legislature shall never sell nor lease the same for a longer period than ten years, (c) Third, That one- twentieth part of the nett proceeds of the lands lying within the said State sold by Congress, from and after the thirtieth day of June next, after deducting all expenses incident to the same, shall be applied to the laying out and making public roads, leading from the navigable waters emptying into the Atlantic, to the Ohio, to the said State, and through the same, such roads to be laid out under the authority of Congress, with the consent of the several States through which the road shall pass : (d) Provided always, That the three foregoing propositions herein offered, are on the conditions that the convention of the said State shall provide, by an ordinance irrevocable, without the consent of the United States, that every and each tract of land sold by Congress, from and after the thirtieth day of June next, shall be and remain exempt from any tax laid by order or under authority of the State, whether for State, county, township or any other purpose whatever, for the term of five years from and after the day of sale, (e) (a) See Nos. 57, 141, 142. (6) See Nos. 31, 45, 47, 76, 79, 85, 102, 109, 110. 136, 144, 150, 156, 158, 167, 168, 179. (c) See Nos. 11, 73, 76, 79, 105. (d) See No. 31. (e) See No. 169. No. 29. AN ACT to empower John James Dufour, and his associates, to purchase May 1, 1802. certain lands. Vol. 6, p. 47. Be it enacted, #c., That to encourage the introduction, and to promote Terms n the culture of the vine within the territory of the United States, north- which John J. west of the river Ohio, it shall be lawful for John James Dufour, and Dufour and his his associates, to purchase any quantity not exceeding four sections of associates may the lands of the United States, lying between the Great Miami River and the Indian boundary line, at the rate of two dollars per acre, pay- able without interest, on or before the first day of January, one thousand eight hundred and fourteen. SEC. 2. And be it further enacted, That it shall be the duty of the reg- Duty of the ister of the land office, established at Cincinnati, to receive 'and to enter register, by purchase or contract made prior to the first day of January, one rivers in certain thousand eight hundred, with John Cleves Symmes or his associates. cases. S EC . 3. A na , i e a further enacted, That every person claiming lands in* er ia?ds C who M aforesaid, either within or without the limits of Ludlow's survey, and have not ob- who have not obtained a certificate of the right of pre-emption therefor, tained certifi- shall, on or before the first day of November next, give notice of the cates of the right nature and extent of his claim, in manner prescribed by the second sec- ^ch tion of the s * id act. And the receiver of public monies, and commis- claims are to be sioners appointed under the fourth section of the said act, shall meet at settled. Cincinnati, on the second Monday of November next, they having given Vacancies in four weeks previous notice of such meeting in a public newspaper the board of com- printed at Cincinnati, and shall then and there proceed to hear and SXmuSoee to fina lly decide upon all claims, of which notice may have been given as be filled by the aforesaid, and shall, in all matters relative thereto, govern themselves President. by the provisions of the said act. Vacancies in the said board of corn- Duties, emolu- missioners may be filled by the President of the United States alone. ments, un< j e r the authority of the United States, the lines of such section ships 8 has been or fractional section shall be run under the direction of the Secretary sold. of the Treasury, in the manner most consistent with the supposed bound- How to be laid aries of the same, at the time of the t- ale, anything in the act of the tenth off. of May, one thousand eight hundred, to the contrary notwithstanding. And it shall be lawful for the Secretary of the Treasury, whenever lines thus run shall interfere with the claim of a purchaser of public lands under the last-mentioned act, to permit such purchaser, if he shall desire it, at any time within six months, after such lines, thus interfering with his claim, shall have been run, to withdraw his former application, and to apply in lieu thereof for any other vacant section. (a) See Nos. 4, 6, 16, 25, 31, 32, 36, 133, 170, 181. OHIO. 2 C J Xo. 3 1 . AN ACT in addition to, and in modification of, the propositions contained in March 3, 1803. the act intituled " An act to enable the people of the eastern division of the tern- Vol. 2, p. 225. tory northwest of the river Ohio, to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes." Be it enacted, #c., That the following several tracts of land in the Tracts of land State of Ohio, be, and the same are hereby appropriated for the use of appropriated for schools in that State, and shall, together witn all the tracts of land here- g^ols! 1 8 tofore appropriated for that purpose, be vested in the legislature of that State, in tiust for the use aforesaid, and for no other use, intent or pur- pose whatever, that is to say : first The following quarter townships in that tract commonly called the " United States military tract," for the use of schools within the same, viz. the first quarter of the third township in the first range, the first quarter of the first township in the fourth range, the fourth quarter of the first township and the third quarter of the fifth township in the fifth range, the second quarter of the third township in the sixth range, the fourth quarter of the second township in the seventh range, the third quarter of the third township in the eighth range, the first quarter of the first township and the first quarter of the third township in the ninth range, the third of the first township in the tenth range, the first and fourth quarters of the third township in the eleventh range, the fourth quarter of the fourth township in the twelfth range, the second and third quarters of the fourth township in the fifteenth range, the third quarter of the seventh township in the sixteenth range, and the first quarter of the sixth township and third quarter of the seventh township in the eighteenth range, being the one thirty-sixth part of the estimated, whole amount of lands within that tract. Secondly The following quarter townships in the same tract for the Quarter town- use of schools in that tract commonly called the Connecticut reserve, ships in the Con- viz, the third quarter of the ninth township and the fourth quarter of necticut reserve the tenth township in the first range, the first and second quarters of the schools? ninth township in the second range, the second and third quarters of the ninth township in the third range, the first quarter of the ninth township and the fourth quarter of the tenth township in the fourth range, the first quarter of the ninth township in the fifth range, the first and fourth quarters of the ninth township in the sixth range, the first and third quarters of the ninth township in the seventh range, and the fourth quarter of the ninth township in the eighth range. Thirdly So much of that tract, commonly called the "Virginia Part of the Vir- military reservation," as will amount to one thirty-sixth part of the ginia reservation whole tract, for the use of schools within the same, and to be selected JJJ^Jg by the legislature of the State of Ohio, out of the unlocated lands in that tract after the warrants issued from the State of Virginia shall have been satisfied ; it being however understood, that the donation is not to ex- ceed the whole amount of the above-mentioned residue of such unlocated lands, even if it shall fall short of one thirty-sixth part of the said tract. Fourthly One thirty-sixth part of all the lands of the United States Number six- lying in the State of Ohio, to which the Indian title has not been extin- jj een i. n . eve *J[ guished, which may hereafter be purchased of the Indian tribes by the {JJ^ in the State United States, which thirty-sixth part shall consist of the section No. O f Ohio, reserved sixteen, in each township, if the said lands shall be surveyed in town- for the use of ships of six miles square, and shall, if the lands be surveyed in a differ- schools, ent manner, be designated by lots, (a) SEC. 2. And be it further enacted, That the Secretary of the Trea- Appropriation sury shall, from time to time, and whenever the quarterly accounts of f r t be state of the receivers of public monies of the several land offices shall be set- ohio from the re . tied, pay three per cent, of the nett proceeds of the lands of the United ceipts from pub- States, lying within the State of Ohio, which since the thirtieth day lie lands, of June last have been, or hereafter may be sold by the United States, after deducting all expenses incidental to the same, to such person or persons as may be authorized by the legislature of the said State to re- ceive the same, which sums thus paid, shall be applied to the laying out, opening and making roads within the said State, and to no other purpose whatever; and an annual account of the application of the Annual ac- same shall be transmitted to the Secretary of the Treasury, by such count to be trans- officer of the State as the legislature thereof shall direct : and it is here- ^*JL to l by declared, that the payments thus to be made, as well as the several appropriations for schools made by the preceding section, are in confer- mity with, and in consideration "of the conditions agreed on by the ' o OHIO. State of Ohio, by the ordinance of the convention of the said State, bearing date the twenty-ninth day of November last. (&) Sections for SEC. 3. And l)e it further enacted, That the sections of land heretofore schools in lien of promised for the use of schools, in lieu of such of the sections, No. 16, l?ted%?the e se ** have been otherwise disposed of, shall be selected by the Secretary retai-y 'of thef the Treasury, out of the unappropriated reserved sections in the Treasury. most contiguous townships. Appropriation SEC. 4. And be it further enacted, That one complete township in the for establishing State of Ohio, and district of Cincinnati, or so much of any one com- an academy, to be plete township within the same, as may then remain unsold, together legislature of wi th as many adjoining sections as shall have been sold in the said Ofiio. township, so as to make in the whole thirty- six sections, to be located under the direction of the legislature of the said State, on or before the first day of October next, with the register of the land office of Cin- cinnati, be, and the same is hereby vested in the legislature of the State of Ohio, for the purpose of establishing an academy, in lieu of the township already granted for the same purpose, by virtue of the act intituled "An act authorizing the grant and conveyance of certain lands to John Cleves Symmes, and his associates : Provided, however, That the same shall revert to the United States, if, within five years after the passing of this act, a township shall have been secured for the said purpose, within the boundary of the patent granted by virtue of the above-mentioned act, to John Cleves Symmes, and his associates, (c) Further pro- g EC- 5. j[ n d & e a further enacted, That the attorney -general for the academv l time bein S> be directed and authorized to locate and accept from the said John Cleves Symmes, and his associates, any one complete town- ship within the boundaries of the said patent, so as to secure the same for the purpose of establishing an academy, in conformity to the provis- ions of the said patent, and in case of non-compliance, to take, or direct to be taken, such measures as will compel an execution of the trust : Provided, however, That John Cleves Symmes and his associates shall be released from the said trust, and the said township shall vest in them, or any of them, in fee-simple, upon payment into the Treasury of the United States, of fifteen thousand three hundred and sixty dollars, with interest from the date of the above-mentioned patent, to the day of such payment, (d) (a) See Nos. 28, 45, 47, 76, 79, 85, 102, 109, 110, 136, 144, 150, 156, 158, 167, 168, 179. (6) See No. 28. (c) See No. 6. (d) See Nos. 4, 6,16, 25, 30, 36, 133, 170, 181. March 3, 1803. 3fo. 32. AX ACT to revive and continue in force, an act in adddition to an act inti- Vol. 2, p. 236. tnled "An act in addition to an act regulating the grants of land appropriated for military services and for the Society of the United Brethren for propagating the Gospel among the Heathen,'' and for other purposes. Revived and Be it enacted, <$-c., That the first section of an act in addition to an act continued in intituled "An act in addition to an act regulating the grants of land - ks ' appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," approved the twenty-sixth of April, eighteen hundred and two, be, and the same is hereby revived and continued in force until the first day of April next. Secretary of SEC. 2. And be it further enacted, That the Secretary of War be, and Wa rrInts SUe ^en he hereb y is authorized, from and after the first day of April next, to issue and to whom. warrants for military bounty-lands to the two hundred and fifty-four persons who have exhibited their claims, and produced satisfactory evidence to substantiate the same to the Secretary of War, in pursuance of the act of the twenty-sixth of April, eighteen hundred and two, inti- tuled "An act in addition to an act, intituled An act in addition to an act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen." Where to be lo- SEC. 3. And be it further enacted, That the holders or proprietors of cate< * > the land warrants issued by virtue of the preceding section, shall and may locate their respective warrants only, on any unlocated parts of the fifty quarter townships and the fractional quarter townships which had been reserved for original holders, by virtue of the fifth section of an act intituled "An act in addition to an act intituled An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Hea- then, (a) OHIO. 3L SEC. 4. And be it further enacted, That the Secretary of War be, and Land warrants he is hereby authorized to issue land warrants to Major General La ^ Fayette, for eleven thousand five hundred twenty acres, which shall, at his option, be located, surveyed and patented in conformity with the provisions of an act intituled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," or which may be received acre for acre, in payment for any of the lands of the United States north of the river Ohio, and above the mouth of Kentucky River. SEC. 5. And be if further enacted, That all the unappropriated lands Unappropri- within the military tract, shall be surveyed into half- sections, in the ated lands within manner directed by the act intituled "An act to amend the act intituled J ho , m , ni J ar - v An act providing for the sale of the lauds of the United States in the . territory northwest of the Ohio, and above the mouth of Kentucky Part to be at- River ;" (6) and that so much of the said lands as lie west of the eleventh tached to the dis- range within the said tract, shall be attached to, and made a part of the JjA* ^a^for district of Chilicothe, and be offered for sale at that place, under the 8ale> ; same regulations that other lands are within the said district. SEC. 6. And be it further enacted, That the lands within the said Certain tracts eleventh range, and east of it, within the said military tract, and all the * or sale - lands north of the Ohio Company's purchase, west of the seven first ranges, and east of the district of Chilicothe, shall be offered for sale Where to beof- at Zanesville, under the direction of a register of the land office andfered. receiver of public monies to be appointed for that purpose, who shall Re g ister &d reside at that place, and shall perform the same duties and be allowed e f the same emoluments as are prescribed for and allowed to registers and Duties and receivers of the land offices by law. (c) compensation. SEC. 7. And be it further enacted, That all persons who have obtained possessors of certificates for the right of pre-emption to lands by virtue of two acts, rights of pre- the one intituled "An act giving a right of pre-emption to certain per- emption under sons who have contracted with John Cleves Symmes, or his associates sy mmes^nd for lands lying between the Miami rivers, in the territory of the United others allowed States northwest of the Ohio," and the other "An act to extend and further time of continue the provisions of the said act, passed on the first day of May, payment. eighteen hundred and two," and who have not made the first payment therefor, before the first day of January last, shall be allowed until the tenth day of April next to complete the same ; and that all persons who have become purchasers of land by virtue of the aforesaid acts, be, and they are hereby allowed until the first day of January, eighteen hundred and five, to make the second instalment ; until the first day of January, eighteen hundred and six, to make their third instalment ; and until the first day of January, eighteen hundred and seven, to make their fourth and last instalment ; any thing in the acts aforesaid, to the contrary notwithstanding, (d) SEC. 8. And be it further enacted, That where any warrants granted Land patents by the State of Virginia, for military services, have been surveyed on the now to be ob- northwest side of the river Ohio, between the Sciota and the Little Miami **"/} \ ^ heu ^. rivers, and the said warrants, or the plats and certificates of survey ^nts are lost or made thereon, have been lost or destroyed, the persons entitled to the destroyed. said land may obtain a patent therefor, by producing a certified dupli- cate of the warrant from the land office of Virginia, or of the plat and certificate of survey from the office of the surveyor in which the same is recorded, and giving satisfactory proof to the Secretary of War, by his affidavit or otherwise, of the loss or destruction of said warrant, or plat and certificate of survey, (e) (a) See Nos. 12, 15, 17, 18, 27, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. (6) See ]S T os. 11, 12, 13, 21, 23, 25, 36, 37, 42, 65, 76, 79, 81, 102, 119, 158. (c) See Nos. 11, 16, 21, 25, 29, 30, 36, 39, 41, 43, 44, 47, 48, 52, 56. 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126. 130, 132, 133, 145, 155, 158, 175, 185. (d) See Nos. 4, 6, 16, 25, 30, 31, 36, 133, 170, 181. (e) SeeNos. 1, 8, 22, 27, b5, 45, 46, 51, 58, 64, 66, 62, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. No. 33. AN ACT in addition to the act intituled "An act regulating the grants of March 3, 1803. land appropriated for the refugees from the British provinces of Canada and Nova Vol. 2, p. 242. Scotia." Be it enacted, $c., That Samuel Rogers, one of the claimants under the Samuel Rogers act intituled "An act for the relief of the refugees from the British m y lo cate 2,240 provinces of Canada and Nova Scotia," shall be entitled to two thou- acri sand two hundred and forty acres of land, to be located in the manner 32 OHIO. and within the boundaries of the tract designated by the act to which this act is a supplement, and shall receive a patent for the same in the manner directed by the said last-mentioned act. (a) (a) See Nos. 23, 33a, 50a, 55, 80. March 16, 1804. 3To. 33a. AM" ACT to revive and continue in force, an act intituled " An act for the Yol. 2, p. 270. relief of the refugees from the British provinces of Canada and Nova Scotia.' 1 Former act re- Be {t cnaci ? d > <$' c ; That the a ct, intituled " An act for the relief of the vived and contin- refugees from the British provinces of Canada and Nova Scotia," ap- ued in force. proved on the seventh of April, one thousand seven hundred and ninety- eight, shall be, and the same is hereby revived and continued in force for the term of two years from the passage of this act, and no longer. (a) (a) See Xos. 23, 33, 50a, 55, 80. March 19 1804 ^* 34. AX ACT granting further time for locating military land-warrants, and for VoL2.p.271. ' other purposes. Be it enacted, cfc., That the act intituled " An act in addition to an vivdnd act t ^ e " ac t intituled An act in addition to an act regulating the grants of land ued in a force tUl appropriated for military services, and for the Society of the United April l, 1805. Brethren for propagating the Gospel among the Heathen," approved the twenty-sixth day of April, eighteen hundred and two, be, and the same is hereby revived and continued in force, until the first day of April, one thousand eight hundred and five : Provided, however, That the holders Limitation or P r P r i e tors of warrants or registered certificates, shall and may locate to the location of tne same, only on any unlocated parts of the fifty quarter townships, and warrants. the fractional quarter townships, which had been reserved for original holders, by virtue of the fifth section of an act, intituled " An act in addi- tion to an act, intituled An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for prop- Proviso, agating the Gospel among the Heathen.:" And provided also, That no holder or proprietor of warrants or registered certificates, shall be per- The Secretary niitted to locate the same by virtue of this act, unless the Secretary of of War to endorse War shall have made an endorsement on such warrant or registered the warrant or certificate, certifying that no warrant has been issued for the same nowSXnt has claim * militar y bounty-land, and by virtue of the second section of been issued for the act, intituled "An act to revive and continue in force an act in ad- the same in vir- dition to an act intituled An act in addition to an act regulating the tue of the act of grants of land appropriated for military services, and for the Society of n a, 1803. the united Brethren for propagating the Gospel among the Heathen, and for other purposes," approved the third day of March, eighteen hundred and three, (a) (a) See Nos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. March 23, 1804. No. 35. AN ACT to ascertain the boundary of the lands reserved by the State of YoL 2, p. 274. Virginia, northwest of the river Ohio, for the satisfaction of her officers and soldiers on continental establishment, and to limit the period for locating the said lands. Boundary line Be it enacted, $c., That the line run under the direction of the surveyor- dimrtion of the g eneral of the United States, from the source of the Little Miami, to- surveyor-gen- wards the source of the Scioto, and which binds on the east, the sur- eral established, veys of the lands of the United States, shall, together with its course continued to the Scioto River, be considered and held as the westerly boundary line, north of the source of the Little Miami, of the territory Proviso, that reserved by the State of Virginia, between the Little Miami and Scioto within two years rivers, for the use of the officers and soldiers of the continental line of that the state of Yir- g tate . Provided, That the.State of Virginia shall, within two years after theTine 1600211126 the pas in g of this act, recognize such line as the boundary of the said territory. Officers and SEC. 2. And be it further enacted, That all the officers and soldiers, or soldiers to com- their legal representatives who are entitled to bounty lauds within the Sons in ir three above-mentioned reserved territory, shall complete their locations within years within the three years after the passing of this act, and every such officer and sol- reserved terri- dier, or his legal representative, whose bounty land has or shall have tor y- been located within that part of the said territory, to which the Indian OHIO. 33 title has been extinguished, shall make return of his or their surveys Officer? and to the Secretary of the Department of War, within five years after the soldiers whose passing of this act, and shall also exhibit and file with the said Secre- havebeenlocated tary, and within the same time, the original warrant or warrants under on that part of which he claims, or a certified copy thereof, under the seal of the office the territory to where the said warrants are legally kept; which warrant, or certi-5^ ic ^ th ? Inciiai1 fied copy thereof, shall be sufficient evidence that the grantee therein tinguished 6611 *to named, or the person under whom such grantee claims, was originally maTke returns, entitled to such bounty land : and every person entitled to said lands &c i to the Secre- and thus applying, shall thereupon be entitled to receive a patent in | ar j JjL?^* 1 in the manner prescribed by law. P a y p e r ' s re . SEC. 3. And be it further enacted, That such part of the above-men- turned to be evi- tioned reserved territorv as shall not have been located, and those tracts deuce entitling of land, within that part of the said territory to which the Indian title l atent mant8 t0 has been extinguished, the surveys whereof shall not have been re- turned to the Secretary of War, within the time and times prescribed by this act, shall thenceforth be released from any claim or claims for TJnlocated por- such bounty lands, and shall be disposed of in conformity with the pro- tion of the re- visions of the act, intituled "An act in addition to, and modification of, ? 6I T ed territory the propositions contained in the act, intituled An act to enable the f," rdeased&om people of the eastern division of the territory, northwest of the river claims and dis- Ohio, to form a constitution and State government, and for the ad- posed of, &c. mission of such State into the Union, on an equal footing with the original States, and for other purposes." (ft) (a) See Nos. 1, 8, 22, 27, 32, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. No. 36, AN ACT making provision for the disposal of the public lands in the In- March 26, 1804. diana Territory, and for other purposes. Vol. 2, p. 277. * * * # * # # SEC. 7. And be it further enacted, That the several provisions made in favour ^of^pu? favour of persons who have contracted for lands with John Cleves chasers under J. Symmes and his associates, by an act intituled "An act to extend and?' Symmes con - cpntinue in force the provisions of an act intituled An act giving a right of pre-emption to certain persons, who have contracted with John Cleves Symmes or his associates, for lands lying between the Miami rivers in the territory northwest of the Ohio, and for other purposes," shall be and the same are hereby continued in force until the first day of June next : Provided, That the register of the land office and re- T h e register ceiver of public monies at Cincinnati shall perform the same duties, ex- a ? d , receiver of ercise the same powers, and eDJoy the same emoluments, which by the cinckinati last-recited act were enjoined on or vested in the commissioners desig- ^ T nated by the said act : And provided also, That no certificate for a right P m ntim, to T* of pre-emption shall be granted, except in favour of persons who had, granted except in before the first day of January, one thousand eight hundred, made con- favor of persons tracts in writing with John Cleves Symmes or with any of his associates , h h a d ^ and who had made to him or them any payment or payments of money j^h n C l^e ve s for the purchase of such lands ; nor unless at least one-twentieth part of s y m m e s, &c. the purchase money of the land claimed, shall have previously been after Jancary 1 paid to the receiver of public monies, or shall be paid prior to the first 1800< day of January next. And every person who shall obtain a certificate I* ersons w ^> of pre-emption, shall be allowed until the first day of January, one cates^llow^dun- thousand eight hundred and six, to complete the payment of his first til 1806, to com- instalment: And provided also, That where any person or persons shall, plete the pay- in virtue of a contract entered into with John Cleves Symmes, have ment , of *f e first entered and made improvements on any section or half-section prior to '"proviso in fa- the nrst day of April last (having conformed with all the foregoing vour of persons provisions in this section), which improvements by the running of the who have made lines subsequently thereto shall have fallen within any section, or half- improvements, section other than the one purchased as aforesaid, and other than sec- tion number sixteen, such section or half-section shall in that case be granted to the person or persons who shall have so entered, improved and cultivated the same, on payment of the purchase money agreeably to the provisions made by law for lands sold at private sale ; but noth- ing herein contained shall be construed to give to any such person or persons a greater number of acres than he or they had contracted for, with John Cleves Symmes as aforesaid. 3 L O VOL II 34 OHIO. Persons having SEC. 8. And be it further enacted, That every person who may have certificates of heretofore obtained from the commissioners, a certificate of a right of emption un iTr P re ' em Ption for lands lying between the two Miami rivers, on account contracts with or . f contracts with, or purchase from John Cleves Symmes or his asso- purckasesfrom J. ciates, and who has paid his first instalment; and every person, who Cleves Symmes may obtain a similar certificate by virtue of the preceding section, tLmTfor pavim- 1 ' and sha11 ' on or before the fir st day of January, one thousand eight = ' hundred and six, pay his first instalment, be permitted to pay the resi- due of the purchase money in six annual equal payments, (a) Fractional sec- SEC. 9. And be it further enacted, That fractional sections of the pub- tions ma y b e u c lands of the United States, either north of the river Ohio, or south felv UD1 r of the State of Tennessee, shall, under the directions of the Secretary Xo* fractional f the Treasury, be either sold singly, or by uniting two or more to- sections to begether; any act to the contrary, notwithstanding: Provided, That no at P ri te fractional sections shall be sold in that manner until after they shall offer "at public nave been offered for sale to the highest bidder, in the manner herein- saie. after directed. Public lands of SEC. 10. And be it further enacted, That all the public lands of the the United states United States, the sale of which is authorized by law, may, after they whole, h a J l for 8na U have been offered for sale to the highest bidder in quarter-sections, quarter sections, as hereinafter directed, be purchased at the option of the purchaser, either in entire sections, in half-sections, or in quarter-sections; in which two last cases the sections shall be divided into half-sections by lines running due north and south, and the half-sections shall be divided into quarter-sections by lines running due east and west. And in every All subdivis- instance in which a subdivision of the lands of the United States, as ex^Se of* pur 6 surve y ed in conformity with law, shall be necessary to ascertain the chasers. boundaries or true contents of the tract purchased, the same shall be done at the expense of the purchaser. Interest not SEC. 11. And be it further enacted, That no interest shall be charged i of n ^>rc on an ^ in8talment; which may hereafter become due, in payment for any land, if the prin- of tne public lands of the United States, wherever situated, and which cipai be punctu- have been sold in pursuance of the act, intituled "An act to amend the ally paid. act intituled An act providing for the sale of the lands of the United States, in the territory northwest of the Ohio, and above the mouth of Kentucky River," or which may hereafter be sold by virtue of that, or of any other act of Congress : Provided, That such instalments shall be paid on the day on which the same shall become due ; but the interest shall be charged and demanded in conformity with the provisions here- tofore in force, from the date of the purchase on each instalment which shall not be paid on the day on which the same shall become due : Pro- vided however, That on the instalments which are or may become due before the first day of October next, interest shall not be charged, except from the time they became due until paid, but in failure to pay the said instalments on the said first day of October, interest shall be charged thereon, in conformity with the provisions heretofore in force, from the date of the purchase. Certain ses- SEC. 12. And be it further enacted, That the sections which have been f i a n t-o fl a a i ndS sTc dheret ? fore reserved / and are >y this act directed to be sold, also, the tions and other fractional sections, classed as is by the ninth section of this act directed, public land north and all the other lands of the United States, north of the Ohio, and of the Ohio and above the mouth of Kentucky River, shall be offered for sale in quarter- of KVn t ^ck* sections ' to the highest bidder, under the directions of the register of River, to be of- toe land office, and of the receiver of public monies, at the places, re- fered for sale. spectively, where the land offices are kept, that is to say ; the lands in Under whose the districts of Chilicothe, on the first Monday of May: the lands in Tiniea and the district of Marietta, on the second Monday of May; the lands in places of sale, the district of Zanesville, on the third Monday of May; the lands in How long the the district of Steubenville, on the second Monday of June ; and the sales to remain lands in the district of Cincinnati, on the first Monday of September. OI Terms of - And the boundary lines, which shall not have been actually run, and not actually run marked as aforesaid, shall be ascertained, by running straight lines from to be ascertained. t ne established corners to the opposite corresponding corners ; but in those portions of the fractional townships, where no such opposite cor- responding corners have been or can be fixed, the said boundary lines shall be ascertained , by running from the established corners, due north and south, or east and west lines, as the case may be, to the water-course, Indian boundary line, or other external boundary of such fractional township. Surveys to be 3d. Each section, or subdivision of section, the contents whereof shall returned. have been, or by virtue of the first section of this act, shall be returned by the surveyor-general, or by the surveyor of the public lands south of the State of Tennessee, respectively, shall be held and considered as containing the exact quantity, expressed in such return or returns : and the half-sections and quarter-sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one-half, or the one-fourth part respectively, of the returned contents of the section of which they make part. Part of a for- g EC> 3. ^ n( j fa it further enacted, That so much of the act entituled mer act repealed. ^ n act ma fcing provision for the disposal of the lands in the Indiana Territory, and for other purposes," as provides the mode of ascertaining the true contents of sections or subdivisions of sections, and prevents the issue of final certificates, unless the said contents shal] have been ascertained, and a plot certified by the district surveyor, lodged with the register, be, and and the same is hereby repealed, (a) (a) See Nos. 11 ; 12, 13, 21, 23, 25, 32, 36, 42, 65, 76, 79, 81, 102, 119, 158. OHIO. 37 fo. 3S. AN ACT to authorize the Secretary of War to issue military land- war- March 2, 1805. rants, and for other purposes. Vol. 2, p. 329. Be it enacted, fc., That the Secretary of War be, and he hereby is au- thorized from and after the passing of this act, to issue warrants for Decretory ^o military bounty-lands to the sixty-three persons who have exhibited to isaue warrants their claims, and produced satisfactory evidence to substantiate thef or military same, to the Secretary of War ; and also, to such persons as shall, before bounty-Ian d t o the first day of April next, produce to him satisfactory evidence of the JJJjgJJ d g?^ validity of their claims, in pursuance of the act of the twenty-sixth of Bothers pro . April, eighteen hundred and two, intituled "An act in addition to an ducing satisfac- act, intituled An act in addition to an act, regulating the grants of land tory evidence of appropriated for military services, and for the Society of the United fJ^Aprir? &c" Brethren for propagating the Gospel among the Heathen." SEC. 2. And be it further enacted, That the holders or proprietors of the Where the fore- land warrants issued by virtue of the preceding section, shall and may going warrants locate their respective warrants only on any unlocated parts of the fifty ma y b( quarter townships, and the fractional quarter townships, which had been reserved for original holders, by virtue of the fifth section of an act, intituled "An act in addition to an act, entituled An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen." SEC. 3. And be it further enacted, That the act intituled "An act in Former act addition to an act, intituled An act in addition to an act, regulating the continue d in grants of lands appropriated for military services, and for the Society of ^March the United Brethren for propagating the Gospel among the Heathen," approved the twenty-sixth day of April, eighteen hundred and two, be, and the same is hereby continued in force until the first day of March, eighteen hundred and six. (a) (a) See Nos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. No. 39. AN" ACT supplementary to the act intituled "An act making provision for March 3, 1805. the disposal of the public lands in the Indiana Territory, and for other purposes." Vol. 2, p. 343. SEC. 7. And be it further enacted, That all the sections heretofore re- Sections re- served for the future disposition of Congress, and lying within either of served for the the districts established for the disposal of public lands in the State of cZgress to be Ohio, with the exception of the section No. 16, of the salt springs, and offered for sale, lands reserved for the use of the same, and of the other sections or tracts of land otherwise heretofore specially appropriated, shall be of- fered for sale in that district within which 'such reserved sections may lie, on the same terms, and under the same regulations, as other lands in the same district : Provided, That such sections shall previously be Proviso, offered to the highest bidder at public sales, to be held under the super- intendence of the register and receiver of the land offices, respectively, to which they are attached, on the same terms as has been provided for the public sales of the other public lands of the United States, and on such day or days as shall by a public proclamation of the President of the United States be designated for that purpose : And provided also, That Proviso, no such heretofore reserved section shall be sold either at public or pri- vate sale for less than eight dollars per acre, (a) (a) See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. No. 40. AN ACT to repeal in part, the fourth section of an act, intituled "An act to Feb. 21, 1806. authorize a grant of lands to the French inhabitants of Galliopolis, and for other Vol. 2, p. 350. purposes therein mentioned.' Be it enacted, tfc., That so much of the fourth section of an act, inti- 4th Action of a them, their heirs or assigns, be, and the same is hereby repealed. And in every case where a patent has issued, in conformity with the. said fourth section, to any of the inhabitants aforesaid, their heirs or assigns, the conditions aforesaid, inserted in any such patent, shall be consid- ered null and void ; and the fee-simple be vested to all intents and pur- poses, in the person to whom such patent has been issued, his or her heirs or assigns, (a) (a) See Nos. 9, 13. 38 OHIO. Feb. 28, 1806. W o. 41. AN ACT authorizing the sale of a tract of land, in the town of Cincinnati, Vol. 2, p. 352. aQ d State of Ohio. s ' Be it enacted, fc., That for the disposal of a certain tract or lot of the Treasury to land, belonging to the United States, in the town of Cincinnati, on the cause a tract of Ohio, being the same on which Fort Washington was erected, the Sec- land to be sur- retary of the Treasury shall cause the said tract to be surveyed and laid Tort Washfn^ off into town lots ' 8treets and avenues, in such manner, and of such di- ton.andsold, &c mensions as he may judge proper, conforming as near as may be to the an(1 resurvey his location, excluding snch surplus quantity, in made, &c. on e body, from any part of his resurvey, and a patent shall issue upon such resurvey as in other cases, (a) (a) See Xos. 1, 8, 22, 27, 32, 35, 45, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. March 3 1807. ^ 47. AX ACT making provision for the disposal of the public lands, situated be- Vol 2 p' 448 tween the United States military tract and the Connecticut Reserve, and for other ' L_ purposes. Land of the Be it enacted, $-c., That for the disposal of the lands of the United United States to states, situated between the United States military tract and tjie Con- necticut Reserve, a land office shall be established, which shall be kept at such place as the President of the United States may direct : and Offices estab- that for the disposal of the lands of the United States, lying on the Ohio lished. River, between the Cincinnati and Vincennes districts, a land office shall be established at Jeffersonville : and for each of the said offices a register and receiver of public monies shall be appointed, who shall give security in the same manner, in the same sums, and whose com- pensation, emoluments, duties and authority, shall, in every respect, be the same, in relation to the lands which shall be disposed of at their offices, as are or may be provided by law, in relation to the registers and receivers of public monies in the several offices established for the disposal of the lands of the United States, north of the river Ohio, and above the mouth of Kentucky River. When to be SEC. 2. And be it further enacted, That all the lands of the United sold. States, in the said districts, shall, with the exception of the section num- ber sixteen, (a) and with the exception also of thirteen sections, in- Reservatio ns .eluding the lower town of the Delaware tribe of Indians, and their im- &c. provements, which said thirteen sections shall be designated by the Secretary of the Treasury, and shall be reserved for the use of the said tribe and their descendants, so long as they continue to reside thereon, and cultivate the same, be offered for sale to the highest bidder, under OHIO. 41 the direction of the register of the land office, and of the receiver of public monies, at the places, respectively, where the land offices are kept, and on such day or days as shall, by proclamation of the Presi- dent of the United States, be designated for that purpose : the sales The sales to re- shall remain open at each place for six weeks, and no longer : the lands S? penforsix sh^ll not be sold for less than two dollars an acre, and shall in every other respect, be sold in tracts of the same size, and on the same terms and conditions, as have been, or may be by law provided for lands sold north of the river Ohio, and above the mouth of the Kentucky River. All the lands of the United States, in the said districts, with the ex- ceptions above mentioned, remaining unsold at the close of the pub- lie sales, may be disposed of at private sale, by the register of the re- t wo dollars per spective land offices, in the same manner, under the same regulations, acre. for the same price, and on the same terms and conditions, as are or may be provided by law for the sale of the lands of the United States north of the river Ohio, and above the mouth of the Kentucky River. And patents shall be obtained for all lands sold in said districts, in the same manner and on the same terms as are provided by law, for other public lands sold in the State of Ohio and the Indiana Territory, (a) SEC. 3. And be it further enacted, That the several superintendents of Compensation public sales, directed by this act, shall receive six dollars a day for each l^Kles day's attendance on the said sales. SEC. 4. And be it further enacted, That the President of the United Registers and States, in the recess of Congress, shall have full power to appoint and J^ffiun^thl commission the registers and receivers of public monies of the landless of the Sen - offices established by this act, and their commissions shall continue in ate. force until the end of the session of Congress next ensuing such ap- pointment. #** 4 SEC. 6. And be it further enacted, That George Ash shall have the right George Ash to of pre-emption to six hundred and forty acres of land including his havo JJSj* ht of improvement on the river Ohio, below the former Indian boundary line ; p the boundaries of the tract shall be designated by the register of the land office, and the said land shall be granted to him at the same price, and on payment being made in the same manner as for other public land sold at private sale, the respective instalments of the purchase money shall become due at the same time with the payments on the first public lands sold in that district. (a) See Nos. 28, 31, 45, 76, 79, 85, 102, 109, 110, 136, 144, 150, 156, 158, 167, 168, 179. (&) See ISTos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83,84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126. 130, 132, 133, 145, 155, 158, 175, 185. sectioi tobel public No. 48. AN ACT making further provision for the disposal of the sections of Feb. 29, 1808. land heretofore reserved for the future disposition of Congress. Vol. 2, p. 470. Be it enacted, $c., That all the sections of land heretofore reserved for ~ j> eserved Iand8 the future disposition of Congress, not sold or otherwise disposed of, j n Ohio with cer- and lying within either of the districts established for the disposition tain exceptions, of public lands in the State of Ohio, with the exception of the section to be offered for numbered sixteen of the salt springs and lands reserved for the use of sale> the same, shall be offered for sale in that district, within which such reserved sections may respectively lie, on the same terms, and under the same regulations, as other lands in the same district : Provided, That such Such sections tions shall previously be offered to the highest bidder, at public sales, to be previously belield under the superintendence of the registers and receivers of JS. ^ublic monies of the land offices respectively to which they are attached, on the same terms as have been provided by law for the public sales of the other lands of the United States, and on such day or days as shall, by a proclamation of the President of the United States, be designated for that purpose: And provided also, That no such heretofore reserved NO reserved section shall be sold either at public or private sale, at a less price than sections^ to^be four dollars per acre.(a) four * (a) See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 52, 56, 59, 65, 76, 79, 80, 81, acre . 83, 84, 85, 87, 88, 90, 99, 102, 108. 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. No. 49. AN ACT extending the time for issuing and locating military land- war- March 21, 1808. rants. Vol. 2, p. 477. Be it enacted, #c., That the Secretary of War be authorized to issue g eta ^ lilitary land-warrants to such persons as have, or shall, before the first ^ar may issu e ly of March, one thousand eight hundred and ten, produce to him land warrants t itisfactory evidence of the validity of their claims ; which warrants, lat March, 1810. 42 OHIO. with those heretofore issued and not yet satisfied, shall and may be lo- cated in the names of the holders or proprieteors thereof, prior to the first day of Octoher, one thousand eight hundred and ten, on any un- located parts of the fifty quarter townships and the fractional quarter townships, reserved by law for original holders of military land- war- rants, (a) (a) See Nos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 50, 60, 71, 128, 130, 131, 135, 139. Dec. 19, 1809. No. 50. AN ACT extending the time for issuing and locating military land-war- Vol. 2, p. 555. rants. Secretary of Be it fnacted $c., That the Secretary of War be authorized to issue War may issue military land-warrants to such persons as have or shall, before the first certain military day of March, one thousand eight hundred and thirteen, produce to him lan ^ vrarrante - , satisfactory evidence of the validity of their claims; which warrants, located^ 6 with those heretofore issued and not yet satisfied, shall, and may be lo- cated in the names of the holders or proprietors thereof, prior to the first day of October, one thousand eight hundred and thirteen, on any unlocated parts of the fifty quarter townships and the fractional quarter townships, reserved by law for original holders of military land-war- rants, (a) (a) See Nos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 60, 71, 128, 130, 131, 135,139. Feb. 24, 1810. No. 50a. AX ACT further to provide for the refugees from the British provinces Yol. 2, p. 556. of Canada and Xova Scotia, and for other purposes. Refugees from e if enacte ^ <$' c -3 That all persons having claims under the resolutions Canada and No- of Congress, passed the twenty-third day of April, one thousand seven va Scotia, to hundred and eighty-three, and the thirteenth of April, one thousand transmit their seven hundred and eighty-five, as refugees from the British provinces of the 1 waroffice Canada and Nova Scotia, shall transmit to the War Office, within two years after the passing of this act, a just and true account of their claims to the bounty of Congress. Who entitled SEC. 2. And be it further enacted, That no other person shall be entitled !2 ^J*>nefits of to the benefits of the provisions of this act, than those of the following is of Descriptions, or their widows and heirs, viz : First, those heads of fam- ilies and single persons, not members of any such families, who were residents in one of the provinces aforesaid, prior to the fourth day of July, one thousand seven hundred and seventy-six, and who abandoned their settlements, in consequence of having given aid to the United Col- onies or States, in the revolutionary war, against Great Britain,' or with intention to give such aid, and continued in the United States, or in their service during the said war, and did not return to reside in the dominions of the king of Great Britain, prior to the twenty-fifth day of November, one thousand seven hundred and eighty- three. Secondly, the widows and heirs of all such persons as were actually residents as aforesaid, who abandoned their settlements as aforesaid, and died within the United States, or in their service during the said war ; and thirdly, all persons who were members of families at the time of their coming into the United States, and who during the war entered into their service. Proofs, before SEC. 3. And be it further enacted, That the proof of the several cir- rc-hom to be tak- cumstances necessary to entitle the applicants to the benefits of this en - act, may be taken before a judge of the Supreme or district court of the United States, or a j udge of the supreme or superior court, or the first justice or first judge of the court of common pleas, or county court of any State. Secretary of SEC. 4. And be it further enacted, That at the expiration of fifteen War to lay the months from and after the passing of this act, and from time to time evidence of thereaf ter, it shall be the duty of the Secretary for the Department of Secretary a n !d War, to lay such evidence of claims as he may have received, before the Comptroller of Secretary and Comptroller of the Treasury, and with them proceed to the Treasury.and examine the testimony, and give their judgment, what quantity of land with them^to de- OU g U ^ o b e allowed to the individual claimants, in proportion to the measure of relief, degree of their respective services, sacrifices and sufferings, in conse- quence of their attachment to the cause of the United States; allowing to those of the first class a quantity not exceeding one thousand acres, and to the last class a quantity not exceeding one hundred, making such intermediate classes, as the resolutions aforesaid and distributive justice may, in their judgment require, and make report thereof to Congress. OHIO. 43 And in case any such claimant shall have sustained such losses and i n what cases ifferings, or performed such services for the United States, that he can- separate report* not justly be classed in any one general class, a separate report shall be are 1 ade of his circumstances, together with the quantity of land that _ght to be allowed him, having reference to the foregoing ratio: Provided, That in considering what compensation ought to be made by Proviso. virtue of this act, all grants, except military grants, which may have been made by the United States or individual States, shall be considered it the just value thereof, at the time the same were made respectively, either in whole or in part, as the case may be, a satisfaction to those jvho may have received the same: Provided also, That no claim under this law shall be assignable, until after report made to Congress as aforesaid, and until the said lands be granted to the persons entitled to the benefit of this act. SEC. 5. And le it further enacted, That all claims in virtue of said resolutions of Congress, which shall not be exhibited as aforesaid, within the time by this act limited, shall for ever thereafter be barred : Provided, That no patent shall be issued to any person who may hereafter establish his claim under the said act, until he produce satisfactory evidence to the Secretary of the Treasury, that he is at the time then being, a resident within the United States, (a) (a) See Nos. 23, 33, 33a, 55, 80. Proviso. Claims to b otb Proviso. No. 51. AN ACT to extend the time for locating Virginia military land- warrants. March 16, 1810. and for returning the surveys thereon to the Secretary of the Department of "War. Vol. 2, p. 589. Be it enacted, #c., That the officers and soldiers of the Virginia line rive years al- on continental establishment, their heirs or assigns, entitled to bounty lowed to obtain lands within the tract reserved by Virginia, between the Little Miami warrants and and Sciota rivers, for satisfying the .legal bounties to her officers and tions, and seven soldiers upon continental establishment, shall be allowed a further term years' to return of five years, from and after the passage of this act, to obtain war- the surveys. rants and complete their locations, and a further term of seven years, from and after the passage of this act as aforesaid, to return their sur- veys and warrants, or certified copies of warrants to the office of the Secretary of the War Department, anything in any former act to the contrary notwithstanding : Provided, That no locations as aforesaid, within the above-mentioned tract, shall, after the passing of this act, be made on tracts of land for which patents had previously been issued, or which had been previously surveyed ; and any patent which may nev- ertheless be obtained for land located contrary to the provisions of this section, shall be considered as null and void, (a) (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 163, 184, 187, 190. No. 52. AN ACT providing for the removal of the land office established at Nash- yille.inthe State of Tennessee, and Canton in the State of Ohio; and to author- ize the register and receiver of public monies to superintend the public sales of land in the district east of Pearl River. [See MISSISSIPPI, No. 1279.] ^eb 05 ign Vol's i> 649* ' No. 53. AN ACT to authorize the surveying and marking of certain roads, in the Dec. 12, 1811. State of Ohio, as contemplated by the treaty of Brownstown in the Territory of Vol. 2 p. 668. Michigan. Be it enacted, $c., That the President of the United States be, and Road from the hereby is authorized to appoint three commissioners, who shall explore, rapids of the survey and mark, by the most eligible course, a road from the foot of v Erie" to the rapids of the river Miami of Lake Erie, to the western line of the western line of Connecticut reserve, and a road to run southwardly from Lower San- Connecticut re- dusky to the boundary line established by the treaty of Greenville, serve. which said road shall be sixty feet in width ; and the said commissioners Commissioners' shall make out accurate plats of such surveys, accompanied with field- report to be made notes, and certify and transmit the same to the President of the United to the President. States, who, if he approves of said surveys, shall cause the plats thereof to be deposited in the office of the Treasury of the United States ; and 44 OHIO. the said roads shall be considered as established and accepted, pursuant to the treaty held at Brownstown, in the Territory of Michigan, on the twenty-fifth day of November, one thousand eight hundred and eight. Roads to be SEC. 2. And le it further enacted, That the aforesaid roads shall be opened and made opened and ma( i e under the direction of the President of the United Snrf the & States, in such manner as he shall direct. dent. SEC. 3. And be it further enacted, That the said commissioners shall Compensation each be entitled to receive three dollars, and their necessary assistants as- one Collar an( j fifty cen ts, for each and every day which they shall be "necessarily employed in the exploring, surveying and marking said roads ; and for the purpose of compensating the aforesaid commissioners and their assistants, and for opening and making said roads, there shall be and hereby is appropriated the sum of six thousand dollars, to be paid out of any monies in the Treasury not otherwise appropriated, (a) (a) See Xos. 72, 97, 147, 16& of the Sstants. April 8, 1812. Vol. 6, p. 106. No. 54. AN ACT for the relief of Thomas Orr. Be it enacted, #c., That Thomas Orr be, and he is hereby confirmed Confirmation of in the purchase of the southeast quarter of section number eleven, land purchase, township seven, and range two in the Steubenville district, at the rate of eight dollars per acre, and thai the sum of three hundred and twenty dollars paid by the said Thomas Orr on account of the purchase money of the said quarter-section on the fourteenth day of January, one thou- sand eight hundred and six, shall by the register and receiVer of pub- lic moneys of the land office for the district aforesaid be placed to his credit, and be considered the first instalment of the purchase money due on said quarter-section ; and that the further sum of one hundred and fifty-eight dollars and eighty-five cents paid by Martin Andrews on the fourth day of May, one thousand eight hundred and eleven, on ac- count of the purchase money of said quarter-section, shall, by the reg- ister and receiver aforesaid, be placed to the credit of the said Thomas Orr, and be considered as part of the second instalment, which shall become due and payable on account of the purchase money of the said quarter-section, on the fourth day of May, one thousand eight hundred and thirteen ; and if the said Thomas Orr shall pay the balance of the said second instalment on the said fourth day of May, one thousand eight hundred and thirteen, and the balance of the purchase money lue on said quarter-section, in two equal annual instalments, in the same manner as is provided by law for the purchasers of public lands, the said Thomas Orr, his heirs or assigns, shall be entitled to a patent for the said quarter-section. April 23, 1812. No. 55. A>f ACT making provision for certain persons claiming lands under the Vol. 2, p. 712. several acts for the relief of the refugees from the British provinces of Canada and Xova Scotia. Specific grants g e a enacted, #c., That the following persons, claiming lands under sons 81 " " F tne act ' en tituled "An act to revive and continue in force an act, enti- tuled An act for the relief of the refugees from the British provinces of Canada and Nova Scotia," passed on the sixteenth day of March, one thousand eight hundred and four, shall, respectively, be entitled to the following quantities of land, that is to say : Charlotte Hazen, widow of Moses Hazen ; Chloe Shannon, wife of James Noble Shannon and relict of Obadiah Ayer, deceased ; the heirs of Elijah Ayer and the heirs of Israel Euland, respectively, nine hundred and sixty acres; Elijah Ayer, jun. and the heirs of Anthony Burk, respectively, three hundred and twenty acres: And that the following persons, claiming lands un- der the act, entituled "An act further to provide for the refugees from the British provinces of Canada and Nova Scotia, and for other pur- poses," passed on the twenty-fourth day of February, one thousand eight hundred and ten, shall, respectively, be entitled to the following quantities of land, that is to say : the heirs of James Boyd, two thou- sand two hundred and forty acres ; the heirs of Nathaniel Reynolds, the heirs of Edward Antilland Joshua Sprague, respectively, nine hun- dred and sixty acres ; Robert Sharp, John Fulton and John Morrison, each, six hundred and forty acres ; James Sprague, David Dickey, John Taylor, and the heirs of Gilberts Seamans, deceased, respectively, three OHIO. 45 hundred and twenty acres : which several tracts of land shall be located Reservations, within the boundaries of' the fractional townships, reserved and set apart for the purpose of satisfying the claims of the refugees from Canada and Nova Scotia ; and the locations shall be made, and patents granted, in the manner and on the conditions prescribed by former laws, except as to the time for making the locations ; which locations shall be made on the day or days that the Secretary of the Treasury shall judge most convenient for the claimants, and shall designate for the purpose, (a) (a) See Nos. 23, 33, 33a, 50a, 80. No. 56. AN ACT giving further time to the purchasers of public lands, northwest April 23, 1812. of the river Ohio, to complete their payments. Vol. 2, p. 712. Beit enacted, $-0., That every person, who, prior to the first day of Purchasers April, one thousand eight hundred and eight, had purchased any tract prior to 1st April, or tracts of land of the United States, not exceeding in the whole six 1808 * hundred and forty acres, at any of the land offices established for the disposal of the public lands northwest of the river Ohio, and whose lands have not already been actually sold or reverted to the United States for non-payment of part of the purchase money, shall be allowed Allowed three the further term of three years from the first day of January, one thou- sand eight hundred and thirteen, for the payment of the residue of the principal and interest due on account of such purchase, to be paid in four equal annual payments, the first whereof to be on the said first day of January, one thousand eight hundred and thirteen; and in Land to be sold case of failure in paying any of the said annual payments at the time on failure to pay . when the same shall become due, the tract of land shall be forthwith advertised and offered for sale in the manner and on the terms and con- ditions heretofore prescribed for the sale of lands purchased of the United States, and not paid for within the limited time, (a) (a) See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. No. 57. AN ACT to authorize the President of the "United States to ascertain and May 20, 1812. designate certain boundaries. Vol. 2, p. 741. Be it enacted, #c., That the surveyor-general, under the direction of p r68 ident ^ the President of the United States, be, and he is hereby authorized and cause the sur- required (as soon as the consent of the Indians can be obtained,) to veyor-general to cause to be surveyed, marked and designated, so much of the western designate the and northern boundaries of the State of Ohio, which have not already Northern U bound been' ascertained, as divides said State from the Territories of Indiana aries of Ohio, and Michigan, agreeably to the boundaries as established by the act, &c. entituled "An act to enable the people of the eastern division of the ter- ritory northwest of the river Ohio to form a constitution and State gov- ernment, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes," passed April thirtieth, one thousand eight hundred and two ; and to cause to ^ P lat to be be made a plat or plan of so much of the boundary line as runs from SJmdary which the southerly extreme of Lake Michigan to Lake Erie, particularly runs southeast- noting the place where the said line intersects the margin of said lake, erly of Lake and to return the same when made to Congress : Provided, That the Michigan, whole expense of surveying and marking the said boundary lines shall e) j ^, ens not exceed five dollars for every mile that shall be actually surveyed and marked, which shall be paid out of the monies appropriated for defraying the expense of surveying the public lands, (a) (a) See Nos. 28, 141, 142. No. 58. AN" ACT to ascertain the western boundary of the tract reserved for satis-. June 26, 1812. fying the military bounties allowed to the officers and soldiers of the Virginia line* Vol. 2, p. 764. on continental establishment. President o f Be it enacted, 4-0., That the President of the United States shall be, and he is hereby authorized by and with the advice and consent of the fta Senate, to appoint three commissioners on the part of the United States, Virginia to ap- to act with such commissioners as may be appointed by the State of pofnt commis- Virginia, and the commissioners thu& appointed shall have full pawer sioners, &c. 46 OHIO. and authority to ascertain, survey and mark, according to the true in- tent and meaning of the condition, touching the military reservation, in the deed of cession from the State of Virginia to the United States, of the land northwest of the river Ohio, the westwardly boundary line of said reservation between the Little Miami and Scioto rivers. Commissioners SEC. 2. And le it farther enacted. That the commissioners appointed by >et at Xema. the United states shall meet at Xenia in the State of Ohio, on the fifth day of October next, for the purpose of ascertaining the said line, unless otherwise directed by the President of the United States ; and in case they shall not be met by commissioners appointed on the part of the State of Virginia, within six days after the said fifth day of October Duty of com- next, the commissioners appointed on the part of the United States shall proceed to ascertain, survey and distinctly mark the said bound- ary line, according to the true intent and meaning of the said act of cession ; in measuring the said line, whether accompanied by the com- missioners on the part of Virginia or not, or in case of disagreement, they shall note the intersections, if any, of said line with any surveys heretofore authorized by the United States, all water-conrses/the qual- ity of the land over which the line passes and any other matter which A plat to be in their opinion requires notice. The said commissioners shall make a made and re- p l a t of said line, its intersections, with notes and references, which shall Commissioner be si g ned and returned by the said commissioners to the Commissioner of the General f the General Land Office, accompanied by a written report, on or be- Land Office. fore the fifth day of January next, unless the time of meeting shall have been prolonged by the President of the United States, who shall lay copies of the same before both houses of Congress at their next ses- sion. Surveyor, &c., SEC. 3. And le it further enacted, That the commissioners aforesaid engaged. 8na ji nave p Ower to engage a skilful surveyor, who shall employ chain- carriers and a marker, and shall be allowed four dollars for every mile actually surveyed and marked under direction of the said commission- ers, in performance of the duties assigned them ; and the commissioners Pay of the com- appointed on the part of the United States shall each receive five dol- lars for each day he shall be necessarily employed in performance of the duties required of them by this act, which com pensation to the sur- veyor and commissioners shall be paid out of any monies in the Treas- ury not otherwise appropriated by law. Temporary SEC. 4. And be it further enacted, That nntil the westwardly boundary boundary line. ii ne o f the said reservation shall be finally establis hed by the agreement and consent of the United States and the State of Virginia, the bound- ary line designated by an act of Congress passed on the 23d day of March, one thousand eight hundred and four, shall be considered and held as the proper boundary line of the aforesaid reservation. A copy of this SEC. 5. And be it further enacted, That it shall be the duty of the Sec- mUted b tortile retar F of S . ta ^ e to transmit an authenticated copy of this act to the gov- governor of Vir- ernor of Virginia within twenty days after its passage, (a) ginia. (a) See Nos. 1, 8, 22. 27, 32. 35, 45, 46. 51, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. July 6, 1812. No. 59. AX ACT supplementary to the act entitled "An fact] giving further time Vol. 2, p. 7e-2. to purchasers of public lands northwest of the river Ohio, to complete their pay- ments. v Provisions of Be it enacted, fc., That the provisions of the act to which this act is thfslfa^supple a sn PP lement shall be, and they are hereby extended to the several ment extended purchasers of the fractional sections, which were by the direction of to purchasers of the Secretary of the Treasury, classed together for sale, according to certain f rac- the ninth section of an act, entitled "An act making provision for the Si5?OTt erla' dis P 8al of the public lands in the Indiana Territory, and for other tion. purposes,'' passed on the twentieth of March, one thousand eight hun- dred and four, notwithstanding the quantity of land contained in any one tract, composed of such fractional sections, so classed together, and purchased by a single contract, shall exceed six hundred and forty acres. Assignee or as- SEC. 2. And le it further enacted, That the assignee or assignees of any nal^ur ? f tig\- original purchaser of land from the United States, the lands being pur- land U from^the c ) iase( i prior to the first day of April, one thousand eight hundred and United States en- eight, shall be entitled to the benefit of the provisions of the act, to titled to the ben- which this act is a supplement, and the last preceding section, in every fits of this act. ca8e wnere it shall appear to the satisfaction of the register and receiver of public monies of the district wfthin which the land may lie, that the OHIO. 47 assignment by which he or they so claim was bona fide made prior to the passing of the aforesaid act, that the whole lands claimed by virtue of such assignment does not exceed six hundred and forty acres, unless it comes within the provision of the preceding section, and that the lands or some one tract thereof is inhabited and cultivated by or for the use of the assignee or assignees. SEC. 3. And be it further enacted, That in every case where any tract Original pur- or tracts of land purchased prior to the first day of April, one thousand chasers or their eight hundred and eight, not exceeding six hundred and forty acres, i n fertain cases unless such tract shall come within the provision of the first section of where their this act, has since the first day of April last, reverted, or that may be- lands have re- fore the first day of August next, revert to the United States, for S*fgS states?^ default of payment : the person or persons claiming such tract or tracts, en t er upon the whether as an assignee or an original purchaser, may again re-enter the same. same : and all monies which such assignee or original purchaser may have paid shall be replaced to his credit, by the register and receiver of public monies of the district in which the lands may lie, and such repur- chaser or repurchasers shall be allowed the same benefit of the exten- sion of the time of payment, provided by the act to which this is a supplement, as though no such reversion had occ urred ; provided such assignee or assignees, original purchaser or purchasers shall make to the proper land officer application for such re-entry on or before the first day of September next, and that the lauds so re-entered shall not have been resold previous to such application, (a) la) See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. o. 60. AN ACT further extending the time for issuing and locating military laud July 5, 1813. warrants. Vol. 3, p. 3. Be it enacted, fc., That the Secretary of War be authorized to issue r . . .,.. military land- warrants to such persons as have or shall, before the first ry warrants may day of March, one thousand eight hundred and sixteen, produce to him be issued by the satisfactory evidence of the validity of their claims ; which warrants, Secretaryof War. with those heretofore issued and not yet satisfied, shall and may be lo- cated in the name of the holders or proprietors thereof, prior to the first day of October, one thousand eight hundred and sixteen, on any unlo- cated parts of the fifty quarter townships, and the fractional quarter townships reserved by law for original holders of military land-warrants. And patents shall be granted for the land located under this act, in the same manner as is directed by former acts for granting military lands.(a) (a) See Nos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 50, 71, 128, 130, 131, 135, 139. No. 61. AN ACT for the relief of John James Dufour and his associates. Aug. 2, 1813. Be it enacted, #c., That the further time of five years be, and the same ^ofe, p. 126, hereby is allowed to John James Dufour and his associates, to pay the Five years a i. money due the United States for a tract of land appropriated by virtue lowed to pay of an act of Congress, entitled "An act to empower John James Dufour money due for a and his associates to purchase certain lands," approved the first day of tract of lan) See Nos. 11, 12, 13, 21, 23, 25, 32, 36, 37, 42, 76, 79, 81, 102, 119, 158. c) See Nos. 11, 16, 21, 25, 29, 30, 3>, 36, 39, 41, 43, 44, 47, 48. 52, 56, 59, 76, 79, 80, 81, 83, 84, 85, 87, 83, 90. 93, 102, 108, 111, 113, 1-26, 130, 132, 133, 145, 155, 153, 175, 185. No. 66. AN ACT giving further time to complete the surveys and obtain the pat- Feb. 22, 1815. ents for lands located under Virginia resolution warrants. Vol. 3, p. 212. Be it enacted, #c.. That the officers and soldiers of the Virginia line on -^ th ir-~ continental establishment, or their legal representatives, to whom land allowed to com- warrants have issued by virtue of any resolution of the legislature of plete surveys, Virginia, as a bounty for services, which by the laws of Virginia, &<> passed prior to the cession of the Northwestern Territory to the United States, entitled such officers or soldiers to bounty lands, and whose location of such warrants shall have been made prior to the twenty- third day of March, one thousand eight [hundred] and eleven, shall be allowed the further time of two years from the passing of this act to complete their surveys and obtain their patents for the land located as aforesaid : Provided, That surveys shall be made and patents granted on the aforesaid locations, under the same regulations, restric- tions and provisions, in every respect, as were prescribed for the making of surveys and granting of patents by the act, entitled "An act author- izing patents to issue for lands located and surveyed by virtue of cer- tain 'Virginia resolution warrants/" passed on the third day of March, one thousand eight hundred and seven, (a) (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 82, 93. 98. 112. 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. Xo. 67. AN ACT for granting and securing to Anthony Shane, the right of the Feb 24 1815. United States to a tract of land in the State of Ohio. Vol. 6, p. 149. Be it enacted, #c., That, in consideration of valuable and faithful ser- vices, rendered to the United States, during the present war, by An- to AShane thony Shane, a half-breed Indian, there be granted to him all the right of the United States to a tract of land, to contain three hundred and twenty acres, lying on the river St. Mary's, at a place called Shane's Crossing, within the limits of the State of Ohio, but in a part thereof to which the Indian title has not yet been extinguished ; the said tract to be located in a convenient form, and so as to comprehend the said Anthony Shane's improvements. SEC. 2. And be it further enacted, That as soon as the Indian title to Patent to issue, the territory comprehending the said tract, shall be extinguished, the ^ n en. said three hundred and twenty acres shall be surveyed under the au- thority of the United States, and a patent therefor shall be granted to the said Anthony Shane, or, if not then living, to his children and le- gal representatives, to hold the same to them and their heirs, (a) (a) See Nos. 144, 156. No. 68. AN ACT for the relief of Joseph Anderson. Be it enacted, #c., That the sum of three hundred and twenty-two dol- vol' fVwe' lars and sixty-eight cents, paid by Joseph Anderson, on the fifth day of November, one thousand eight "hundred and five, on account of the Payment to be purchase money of the northwest quarter of section of land number ft?? ^ h i 8 eleven, in township seven, and range four, in the Steubenville district, ent toistSe. P 4 L O VOL II 50 OHIO. shall, by the register and receiver of public moneys of the land office for the district aforesaid, be placed to the credit of the said Joseph An- derson, and be considered as the fourth instalment of the purchase money due for said quarter- section ; and that the said Joseph Anderson, his heirs or assigns, shall be entitled to a patent for the same. Feb. 6, 1816. No. 69. AX ACT for the relief of Charles Markin. Vol. 6, p. 157. Be . t enactd ^ g c ^ That Cnarles parkin shall be permitted to with- Entry for land draw his entry made on the twenty-third day of February, one thou- orawn b a^dlJav- 8an(leight hundred and fifteen, at the land office at Chillicothe, from ment transf erred. *he northwest quarter of section number nineteen, township number ' two, of range number sixteen, and the money paid by him on the said entry shall be placed to his credit on any purchase he shall make or may have made of public lands in the same district. Feb. 6, 1816. NO. 70. AX ACT for the relief of Martin Cole, John Pollock, George Westner, and Vol. 6. p. 157. Abraham Welty. Entries for land Be it enacted, <^c., That Martin Cole, John Pollock, George Westner, i b a nd w ay! and Abraham Welty be, and they are hereby authorized to withdraw ment transferred! their respective erroneous entries made in the district of Madison, Canton, Vincennes, and Zanesville, respectively, and the moneys paid by them on the said entries shall be placed to their credit, on any pur- chase of public land they may have made, or shall make in the same districts. April 16, 1816. No. 71. AN ACT further extending the time for issuing and locating military Vol. 3, p. 284. land-warrants, and for other purposes. Certain milita- Be it enacted, $*c., That the Secretary of War be authorized to is- ry land-warrants sue military land-warrants to such persons as have or shall, before the the^Secretarv ^of firet day * Marcn one thousand eight hundred and eighteen, produced \r a r. to him satisfactory evidence of the validity of their claims ; which war- rants, with those heretofore issued, and not yet satisfied, shall and may be located in the name of the holders or proprietors thereof, prior to the first day of October, one thousand eight hundred and eighteen, on any unlocated parts of the fiity quarter townships, and the fractional quar- ter townships, reserved by law for original holders of military land- warrants. And patents shall be granted, for the land located under this act, in the same manner as is directed by former acts for granting military lands. At the expira- SEC. 2. And be it further enacted, That at the expiration of the term tion of the term limited by this act, for the location of the military land- warrants afore- this said, it shall be the duty of the Commissioner of the General Land Office, or general to be to transmit to the survey or- general a list of all the lots of land within furnished b y the fifty quarter townships and fractional quarter townships, which Commissioner shall at that time remain unlocated; and the surveyor-general shall with list, moneys appropriated for the surveying of the public lands of the United States, (a) 'a) See Nos. 53, 97, 147, 163. 73. AN ACT to authorize the legislature of the State of Ohio to sell a certain April 16 1816. part of a tract of land, reserved for the use of that State. Vol. 6, p. 161. Be it enacted, 1816- Be it enacted, #c., That Edward Wilson shall be permitted to with- Vol. 6, p. 162. draw an entry made by James Caldwell, on the fourth day of April, one .,, , T~ thousand eight hundred aad eleven, at the land office at Steubenville, withdraw his from the southwest quarter of section number thirteen, in township entry in the land number nine, of range number seven, in the district of land offered for office at Steuben- sale at Steubenville ; and the money paid on the said entry shall be Vllle> &c> placed to the credit of said Wilson on any purchase he may make, or may have made, of public lands in said district. No. 75. AN ACT granting to Amos Spafford the right of pre-emption. April 26, 1816. Be it enacted, #c., That Amos Spafford, collector of the district and Vol. 6, p. 166. port of Miami, shall have the right of pre-emption to one hundred and p re -em pt ion sixty acres of land, to include his improvements, situate within the right granted to limits of the reserve of twelve miles square, at the rapids of Miami of him. Lake Erie, the boundaries of which shall be designated under the di- rection of the Secretary of the Treasury; which tract of land shall be granted to him at the same price, and on the same terms and conditions for which the other public lands are sold at private sale. No. 76. AN ACT providing for the sale of the tract of land at the lower rapids of April 27, 1816. Sandusky Elver. Vol. 3, p. 308. Be it enacted, $rc., That so much of the tract of land of two miles p t f t fc square, at the lower rapids of Sandusky River, ceded by the Wyandots, to be laid off into Delawares, Shawanoes, Ottawas, Chippewas, Patawatimies, Miamis, town and out Eel River, Weeas, Kickapoos, Piankashaws, and Kaskaskias tribes of lots - Indians to the United States, by the treaty of Greenville, of the third of August, one thousand seven hundred and ninety- five, shall, under the direction of the surveyor-general, be laid off into town lots, streets and avenues, and into out-lots, in such manner and of such dimensions as he may judge proper : Provided, The tract so to be laid off shall not Proviso, exceed the quantity of land contained in one entire section, nor the town lots one-quarter of an acre each. When the survey of the lots . shall be completed, a plat thereof shall be returned to the surveyor- ~">neral, on which the town lots and out-lots shall respectively be des- gw 52 OHIO. ignated by progressive numbers, who shall cause two copies to be made, one to be transmitted, with a copy of the field-notes, to the Commis- sioner of the General Land Office, and the other to the register of the land office at Wooster. Surveyor - gen- SEC. 2. And be it further enacted, That previously to the disposal at eral to lay off the public sale of the before-mentioned tract of land, the surveyor- general rectedto be sold sha11 ) and he is hereby directed to resurvey and mark the exterior lines by this act. f t ne said, tract, conformably to the survey made in [the] year one thousand eight hundred and seven, by virtue of the act of the third of March, one thousand eight hundred and five, and also to cause divis- ional lines to be run through each fractional section, and of the adjoin- ing quarter- section, so that each subdivision, having one front on the river, may contain, as nearly as may be, eighty acres each. And in like manner to cause the large island, lying in the west half of section num- ber one, to be surveyed, and the 'same to be divided into two equal Proviso. parts : Provided, That in running the subdivisional lines, no interference shall be made affecting the selection or location hereafter to be made under the direction of the Secretary of War: Provided also, That in no case shall the subdivisional lines be so run, as to extend to, or em- brace the bed of the river, which shall be deemed, and is hereby de- Proviso, clared to be a public highway: And provided also, That the whole expense of resurveying and marking the exterior lines of the said cession, and running and marking the subdivisional lines of the frac- tional and quarter sections, lying adjacent to the river, shall not exceed three dollars for every mile actually survey ed,resurveyed and marked, by virtue of this and the preceding section, (a) Lands to be SEC. 3. And be it further enacted, That all the land contained within sold with certain the aforesaid cession, of two miles square, shall, with the exception of reservations, at as many town lots and out-lots, as in the opinion of the Secretary of the Treasury may be necessary to reserve for the support of schools (6) within the same, and with exception also of the salt springs, and land reserved for the use of the same, (c) be offered for sale to the highest bid- der at Wooster in the State of Ohio, under the direction of the register and receiver of the land office, and on such day or days as shall, by a public proclamation of the President of the United States, be desig- nated for that purpose. The sale for the divided quarter- sections, fractional sections, and of the town lots and out-lots, shall remain open at Wooster for seven days, and no longer : The divided quarter-sections and fractional sections shall not be sold for less than two dollars an acre ; the m-lots for less than twenty dollars each, nor any out-lot for less than at the rate of five dollars per acre ; and shall in every other respect, be sold on the same terms and conditions as have been or may be provided by law for the lands sold north of the river Ohio, and above the mouth of Kentucky River. All the laud other than what is excepted as above mentioned, remaining unsold at the closing of the public sales, may be disposed of at private sale by the register of the land office at Wooster, agreeably to the provisions of this act, and in the same manner, under the same regulations and conditions as are or may be provided by law, for the sale of the public lands of the United States north of the river Ohio, and above the mouth of Kentucky River, and patents shall be obtained for all lands granted or sold within the said cession, in the same manner and on the same terms as are or may be provided by law for land sold in the State of Ohio. The superintendents of the public sales directed by this section, shall receive four dollars each, for each day's attendance on the said sales, (d) (a) See Nos. 11, 12, 13, 21, 23, 25, 32, 36, 37, 42, 65, 79, 81, 102, 119, 158. (6) See Nos. 28, 31, 47, 79, 85, 102, 109, 110, 136, 144, 150, 156, 158, 167, 168, 179. (c) See Nos. 11, 28, 73, 79, 105. (d) See Nos. 11, 16, 21, 25, 29, 30. 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 79. - 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 173. 1?5. April 27, 1816. No. 77. AN ACT for the relief of Samuel Dick, William Bruce and Asa Kitchel. Vol. 6, p. 169. J$Q n enacted, $'C., That the final certificate of Samuel Dick, issued on Final certifl- * ne thirteenth day of June, eighteen hundred and one, by the register cates to be re" of the land office in the Cincinnati district, for six hundred and forty ceived as evi- acres of land ; also the final certificate granted to Asa Kitchel, dated dence of payment tll 6 twenty-eighth day of April, eighteen hundred and one, by the reg- ister aforesaid, for six hundred and twenty-eight acres of land ; and also the final certificate granted to William Bruce, by the register afore- OHIO. 53 said, for a section of land, dated about the same time, shall respectively be received by the Commissioner of the General Land Office, as complete evidence of payment for the tracts of land therein specified, and pat- ents shall be issued thereon as in other cases. No. 78. AN ACT for the relief of Joseph S. Newall. April 27, 1816. Be it enacted, $c., That Joseph S. Newall shall be permitted to with- YoL 6 P- 17 - draw an entry made at the land office at Canton, in the State of Ohio, Entry may be from the northwest quarter of section number five, in township num- withdrawn, and ber twenty-one, of range number sixteen, in the district of land offered payments trans- for sale at Canton, and the money paid on the said entry shall be placed to the credit of said Newall on any purchase he may make, or may have made of public lands in said district. fo. 79. AN ACT providing for the sale of the tract of land, at the British fort at April 27, 1816. the Miami of the Lake, at the foot of the rapids, and for other purposes. Vol. 3, p. 319. Be it enacted, #c., That so much of the tract of land of twelve miles ~r rac t of land luare, at the "'British fort of the Miami of the Lake, at the foot of the to be laid off into rapids," ceded by the Wyandots, Delawares, Shawanoes, Ottawas, Chip- lots by the sur- pewas, Patawatamies, Mi amis, Eel River, Weeas, Kickapoos, Piank- veyor-general. shaws, and Kaskaskias tribes of Indians, to the United States, by the treaty of Greenville, of the third of August, one thousand seven hun- dred and ninety-five, shall, under the direction of the surveyor-general, be laid off into town lots, streets, and avenues, and into out-lots, in such manner and of such dimensions, as he may judge proper : Provided, Proviso. The tract so to be laid off shall not exceed the quantity of land contained in two entire sections, nor the town lots one-quarter of an acre each. When the survey of the lots shall be completed, a plat thereof shall be returned to the surveyor-general, on which the town lots and out-lots shall, respectively, be designated, by progressive numbers, who shall cause two copies to be made, one to be transmitted, with a copy of the field-notes, to the Commissioner of the General Land Office, and the other to the register of the land office at Wooster. SEC. 2. And be it further enacted, That previously to the disposal at Surveyor-gen- public sale of the before-mentioned tract of land, the surveyor-general er ^ * cause the shall, and he is hereby directed, to resurvey and mark the exterior lines eJid^ract t? be of the said tract, conformably to the survey made in December, one run before the thousand eight hundred and five, by virtue of the act of the third of land is disposed March, one thousand eight hundred and five, and also to cause divisional of - lines to be run through each section and fractional section binding on the said river, so that each subdivision may contain, as nearly as may be, one hundred and sixty acres each. And in like manner to cause the "Great Island," lying at the foot of the rapids, in the said river, to be surveyed, and by lines, running north and south, to divide the same, as nearly as may be, into six equal parts, that is to say, that part of the said island, described in the survey of the said cession, as lying in township number three, in four parts ; and that part of the said island lying in township number four, into two parts: Provided, That in running the Proviso, subdivisional lines no interference shall be made affecting or impairing the rights of persons to whom letters-patent have been granted for land lying within the limits of the said twelve miles square, nor affecting the selection or location hereafter to be made under the direction of the Secretary of War, for military purposes : Provided, aho, That in no case Proviso, shall the subdivisional lines be so run as to extend to, or embrace the bed of the river, which shall be deemed, and is hereby declared to be a public highway: And provided, also, That the whole expense of resur- Proviso, veying and marking the exterior lines of the said cession and of the sub- divisional lines of the sections, lying adjacent to the river, shall not ex- ceed three dollars for every mile actually surveyed, resurveyed, and marked, by virtue of this and the preceding section, (a) SEC. 3. And be it further enacted, That all the land contained within Lands to be the aforesaid cession of twelve miles square, not excepted by virtue of 8 ld ; when and any section of this act, shall, with the exception of number sixteen, which wnere< shall be reserved in each township, for the support of schools within the same, (&)and with the exception also of the salt springs and land reserved for the use of the same, (c) beoffered for sale to the highest bidder, at 54 OHIO. Wooster, in the State of Ohio, under the direction of the register and receiver of the land office, and on such day or days as shall, by a public proclamation of the President of the United States, be designated for that purpose. The sale for the quarter-sections, fractional quarter-sec- tions, and of the town lots and out-lots, shall remain open at Wooster, for seven days and no longer. The quarter-sections and fractional quarter- sections, shall not be sold for less than two dollars an acre ; the in-lots for less than twenty dollars each, nor any out- lot for less than at the rate of five dollars per acre ; and shall, in every other respect, be sold on the same terms and conditions as have been, or may be, by law, provided for the lands sold north of the river Ohio, and above the mouth of Ken- tucky River. All the lands other than the reserved sections and those excepted as above mentioned, remaining unsold at the closing of the public sales, may be disposed of at private sale by the register of the land office, at Wooster, agreeably [to] the provisions of this act, and in the same manner, under the same regulations and conditions as are, or may be provided by law, for the sale of the lands of the United States, north of the Ohio River, and above the mouth of Kentucky River. And patents shall be obtained for all lands granted or sold within the said cession, in the same manner, and on the same terms, as are or may be provided by law for land sold in the State of Ohio. The superintendents of the public sales, directed by this section, shall receive four dollars each, for each day's attendance on the said sales, (d) (a) See Nos. 11, 12, 13, 21, 23, 25, 32, 36, 37, 42, 65, 76, 81, 102, 119, 158. (6) See Nos. 28, 31, 45, 47, 76, 85, 102, 109, 110, 136, 144, 150, 156, 15rf, 167, 168, 179. (c) See Nos. 11, 28, 73, 76, 105. (d) See Nos. 11, 16.21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 80, 81, -3. -4, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. April 29, 1816. No. 80. AN ACT providing for the sale of certain lands in the State of Ohio, for- Vol. 3, p. 326. merly set apart for refugees from Canada and Nova Scotia. . - : ~ Be it enacted, <$'c., That such part of the tract of land which was set set apart foiMDa a P ur t for refugees from Canada and Xova Scotia, by the act of Congress, nadian and Nova passed the eighteenth day of February, one thousand eight hundred Scotia refugees, and one, entitled "An act regulating the grants of land appropriated not yet located, for tne re f u gees from the British provinces of Canada, and Nova Scotia," the land ^strict which ha- 8 u t been located by the said refugees, (a) shall be attached to, of Chillicothe. and made a part of the land district of Chillicothe, (&) and the said unlo- cated land shall be offered for sale to the highest bidder, under the di- rection of the register of the land office and of the receiver of public moneys for the said district, at Chillicothe, on such day as shall, by to saleand P 8old proclamation of the President of the United States, be designated for to the highest that purpose; the sale shall remain open six days, and no longer; the bidder. lands shall not be sold for less than two dollars an acre, and shall in every other respect be sold in tracts of the same size, and on the same Lands undis- terms and conditions as have been or may be provided for lands in the posed of this said district. All the said unlocated land, remaining unsold at the close way, to be sold by of the public sales, may be disposed of at private sale by the register of private bargains. fo e 8& {^ land office, in the same manner, under the same regulations, for the same price, and on the same terms as are or may be provided by law for the sale of lands in the said district ; and patents shall be obtained in the same manner, and on the same terms, as for other public lands in the said district, (c) SEC. 2. And be it further enacted, That the superintendents of the pub- lic sales directed by this act shall each receive four dollars a day for each day's attendance on the said sales. (a) See Nos. 23, 33, 33a,50a, 55. (6) See Nos. 21, 25, 29, 30, 32, 35, 39, 41, 44, 47, 52, 59, 65, 76, 79, 81, 85. 88, 90, 99, 104, 132, 140, 158, 189. (c) See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 81. - 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. March. 18, 1818. No. 81. AN ACT providing for the sale of certain lands in the district of Marietta, Vol. 3, p. 409. and for the location of claims and sale of certain lands in the district of Vincennes. The surveyor- Be il enacted, fc., That for the purpose of ascertaining the quantity, and general to re^ providing for the sale of the lands belonging to the United States, qnire Rufus Put- within the limits of a tract of one hundred thousand acres granted to man, &c., to u f us p n tman, Manassah Cutler, Robert Oliver and Griffin Green, in lands a conveved trust for the P er sons composing the Ohio Company of Associates, in &c. ' pursuance of the third section of an act, entitled " An act authorizing; OHIO. 55 the grant and conveyance of certain lands to the Ohio Company of As- sociates," passed on the twenty-first of April, seventeen hundred and ninety- two, it shall be the duty of the surveyor-general, and he is hereby authorized, to require of the said Rufus Putman and other surviving patentees, in trust as aforesaid, to make a report to him of the quantity and situation of the lands by them conveyed, as bounties, to actual set- tlers, according to the conditions of the said third section and grant aforesaid ; and also, a difly attested copy of the field-notes and plat of Copy of field- the surveys of the lands by them conveyed to actual settlers as afore- ^urve'ys! said, (a) And the surveyor-general, on receiving a satisfactory report of Surveyor - gen- the quantity and situation of the lands so conveyed, shall cause the eral to cause the residue of the lands within the said tract to be surveyed in the same residue of the manner as the other public lands ; or, if he shall deem it more cpnven- veye( j & c ient, into tracts of one hundred acres, conforming, as far as practicable, Return of sur- to the plan on which lots granted to actual settlers were laid off ; and veys to the Gen- ~ie shall make return of the surveys to the General Land Office and the gj 1 Land Office * egister of the land office at Marietta. (&) SEC. 2. And be it further enacted, That every person, or their legal rep- Confirmed tatives, whose claims were confirmed by any of the several acts claims to land in >r confirming claims to land in the district of Vincennes and which yhfcennes^ma* claims have not been located, shall be authorized to enter their loca- fc e located on the tions with the register of the land office at Vincennes, on any part of tract set apart, the tract set aparfc for that purpose in the said district, by virtue of an &c. act, entitled "An act respecting claims to land in the Indiana Territory and State of Ohio," and in conformity to the provision of that act, and shall be entitled to receive certificates and patents in the same manner as provided by former laws respecting locations in the same tract : Provided, That the locations authorized by this act, and those author- Proviso ; loca- ized by an act, entitled "An act for the relief of certain claimants to Kns to be made land in the district of Vincennes," passed on the sixteenth of April, one if| ore thousand eight hundred and sixteen, shall be made before the first day of September next ; and, after the said locations shall have been made and the surveys thereon completed, the surveyor-general shall cause the residue of the said tract to be surveyed, conforming, as far as prac- Residue of ticable, to the plan for surveying the other public lands, and he shall tract to be sur- niake a return of the surveys, to the General Land Office, and to the reg- veyed. ister of the land office at Vmcennes. veys &? SUr " SEC. 3. And be it further enacted, That such part of the tract, described part 'of one by the first section of this act, as shall appear to belong to the United tract to be sold States, shall be offered for sale at Marietta, (c) and such part of the tract at Marietta; and described by the second section of this act, as shall not have been lo- at Vincennes to cated under confirmed claims, shall be offered for sale at Vincennes. the highest bid- The said lands, in the said respective tracts, with the exception of the der, &c. usual proportion for the support of schools, shall be offered for sale to Days of sale, the highest bidder, under the direction of the register of the land office and the receiver of public moneys for the said districts, on such days, respectively, as shall, by proclamation of the President, be designated for that purpose ; the sales at each place shall remain open six days, Sales P en six and no longer ; the lands shall not be sold for less than two dollars an days< acre ; and shall, in every other respect, both as to public and private p r ice. sales, be sold on the same terms and conditions as other public lands in the same districts ; and patents shall be obtained in the manner, and on p atents the terms, provided in case of other public lands sold by the United States, (d) SEC. 4. And be It further enacted, That the superintendents of the pub- Four dollars a lie sales, directed by this act, shall each receive four dollars a day for day to superin- each day's attendance on the said sales. (a) See Nos. 5, 133. (&) SeeNos. 11, 12, 13, 21, 23, 25, 32, 36, 37, 42, 65, 76, 79, 102, 119, 158. (c) SeeNos. 21, 25, 29, 30, 32, 35, 39, 41, 44, 47, 52, 59, 65, 76, 79, 80, 85, 88, 90, 99, 104, 132, 140, 158, 189. (d) SeeNos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. 56 OHIO. April 11, 1818. No * 82. A>, ACT to extend the time for locating Virginia military land-warrants, Vol. 3 p 423 and returning surveys thereon to the General Land Office ; and for designating the western boundary line of the Virginia military tract. Officers and sol- Be it enacted, fc., That the officers and soldiers of the Virginia line on giniaUne entitled continental establishment, their heirs, and assigns, entitled to bounty to bounty lands, lands, within the Virginia military tract, between the Little Miami and allowe'd two the Sciota rivers, shall be allowed a further term of two years, from ye r a -fi 9 raffnT *nf *^ e ratification of any treaty extinguishing* the Indian title to lands any treaty extin- within the said boundaries not heretofore extinguished, to obtain war- guishing' Indian rants and complete their locations ; and a further term of three years, titles. &c.. to ob- from the ratification of any treaty extinguishing the Indian title to tam warrants, ] anc i s within the said boundaries not heretofore extinguished, as afore- And three 8a ^> t return their surveys and warrants, or certified copies of war- years to return rants, to the G eneral Land Office ; any thing in any former act to the their surveys, contrary notwithstanding. & The act author- ^ EC> ^" ^ n ^ ^ 7 * f ur ^ er enacted, That the provisions of the act, enti- izing patents to ^ e ^ "^ n ac ^ authorizing patents to issue for lands located and surveyed issue for lands by virtue of certain Virginia resolution warrants," passed on the third surveyed in yir- day of March, one thousand eight hundred and seven, shall be revived reflation ^wT* and in force > with all its restrictions, except that the respective times rants, revived^ allowed for making locations and returning surveys thereon, shall be or which had been previously surveyed ; and any patent which which had been may, nevertheless, be obtained for land located contrary to the provis- snrveyed, &c. ions of this act, shall be considered null and void : Provided also, That cationY^oi^sur- no locations or surveys shall be made within that part of the said mili- veys within that tarv tract to which the Indian title remained heretofore unextinguished, part of the mili- until after six months shall have elapsed from the date of a proclama- tary tract. &c. tlon of the President of the United States, declaring a treaty or treaties to have been concluded and ratified, providing for the extinguishment of the Indian title to such lands; nor shall any patent be granted for any location, survey, or entry, that has been, or shall be, made prior to the expiration of six months from and after the ratification of such treaty. The line desig- SEC. 3. And le it further enacted, That from the source of the Little nated by the act Miami River to the Indian boundary line established by the treaty of "Nia/h 1 e I*M ? f Grenville > in ne thousand seven hundred and ninety-five, the line des- remain the west ignated as the westerly boundary line of the Virginia tract, by an act erly boundary of Congress, passed on the twenty-third day of March, one thousand line of the Vir- eight handred and four, entitled "An act to ascertain the boundary of fth^rwisfdirecti the lands re8erved bv the State of Virginia north west of the river Ohio, ed bylaw. ^ or t ne satisfaction of her officers and soldiers on continental establish- ment, and to limit the period for locating the said lands." shall be con- sidered and held to be such until otherwise directed by law : And from The line run by tne aforesaid Indian boundary line to the source of the Sciota River, Cbr.rles Roberts the line run by Charles Roberts, in one thousand eight hundred and TO be considered twelve, in pursuance of instructions from the commissioners appointed boundary * y on tne P ar * of tne United States, to establish the western boundary of the said military tract, shall be considered and held to be the westerly boundary line thereof; and that no patent shall be granted on any lo- Patents for lo- ca ti n and survey that has or may be made west of the aforesaid re- cations, spective lines, (a) (a) See Xos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 93, 93. 112, 119. 121, 12*, 146, 154, 159, 166, 172, 174. 177, 180, 183, 184, 187, 190. April 18, 1818. No. S3. AX ACT to suspend for a limited time, the sale or forfeiture of lands for Vol. 3, p. 433. failure in completing the payment thereon. Operation of Be it enacted, #c., That the operation of the sixth condition of the fifth 6th condition of section of the act, entitled "An act to amend the act, entitled 'An act prp- M' iol?* h f viclin S for the sale of the lands of the United States northwest of the Ohio s/iusp'ended un- and above the mouth of Kentucky River,"' be, and the same is hereby, til March 31, 1818. suspended until the thirty-first day of March next, in favour of the pur- chasers of public lands at any of the land offices of the United States : Pro- OHIO. 51 tided. That the benefit of this act shall not be extended to any one pur- chaser for a greater quantity than six hundred and forty acres of land, (a) () See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. No. S4. AX ACT further to suspend, for a limited time, the sale or forfeiture of a j rcx 3> ~P' lands for failure in completing the payment thereon. Be it enacted, $c., That the operation of the sixth condition of the The operation fifth section of the act, entitled "An act to amend the act entitled 'An of the 6th condi- act providing for the sale of the lands of the United States north west g^Sio^of^heiS of the Ohio, and above the mouth of Kentucky River,' " be, and the same f or t h e sa i e O f is hereby, suspended until the thirty- first day of March, one thousand lands, &o., sus- ei^ht hundred and twenty, in favour of the purchasers of public lands pended until at any of the land offices of the United States : Provided, That the ben- |[J h3 efit of this act shall not be extended to any one purchaser for a greater C h a8ers . quantity than six hundred and forty acres of land, (a) (a) See ]STos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83,85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130,132, 133, 145, 155, 158, 175, 185. . S3. AN ACT to designate the boundaries of districts, and establish land offices March 3, 1819. No. S3. AJN ACT to designate tne boundaries of districts, and estatmsn land omces ^aruii o, ioi for the disposal of the public lands not heretofore offered for sale in the States of vol. 3, p. 521. Ohio and Indiana. Be it enacted, tyc., That for the sale of the unappropriated public lands Districts and in the State of Ohio, to which the Indian title is extinguished, the fol- offices for the sale lowing districts shall be formed, and land offices therefor established : Jjelndiimtitleis All the public lands, as aforesaid, lying between the western boundary extinguished, in line of the State of Ohio, and a north and south line to be drawn at Ohio, forty-eight miles east of the said boundary line, and bounded on the south by the Indian boundary, established by the treaty of Greenville, and on the north by the northern boundary of the State of Ohio, shall form a district, for which a land office shall be established at Piqua : District and And all the public lands, as aforesaid, lying between the above-described land o ffi c e at district and the western limits of the Connecticut Reserve and Canton ^ 1( l ua - land district as first established, and bounded on the south by the Indian boundary established by the treaty of Greenville, and on the north by the northern boundary of the State of Ohio, shall form a district for which a District and land office shall be established at the town of Delaware, (a) And for the land office at Del- disposal of the unappropriated public lands in the State of Indiana, to a ^)f ^ct d which the Indian title is extinguished, the following districts shall be g icea f or ^} ie8 ^ e formed, and land offices established : All the public lands as aforesaid, of lands to which to which the Indian title was extinguished by the treaties concluded at the Indian title is St. Mary's, in the month of October, eighteen hundred and eighteen, f2*~ hed| m lying east of the range line, separating the first and second ranges, east of the second principal meridian, extended north to the present Indian boundary, and north of a line to be run, separating the ninth and tenth tiers of townships north of the base line, shall form a district, for which a land office shall be established at Brookville : And all the public lands A district, and as aforesaid, the Indian title to which was extinguished by the treaties land office at aforesaid, and lying west of the last- described district, shall form a dis- at^Terre Haute trict for which a land office shall be established at the town of Terre Haute : And all the public lands, as aforesaid, the Indian title to which was extinguished by the treaties aforesaid, lying east of the second principal meridian, and south of a line, to be run, separating the ninth and tenth tiers of townships north of the base line, shall be, and are Lands attached hereby, attached to the district of Jeffersonville; and the said lands to the district of shall be offered for sale with the same exceptions, and on the terms and Jeffersonville. conditions, in every respect, both at public and private sales, as is pro- feJ^farrote on vided for the sale of the lands in the districts aforesaid: Provided also, tne aame terms, That the President of the United States shall have power, and he is &c. hereby authorized, to remove, whenever he shall judge it expedient so to do, the land office from Jeffersonville, to some central and suitable place within the district. SEC. 2. And le it further enacted, That the President is hereby author- The President, ized to appoint, by and with the consent and advice of the Senate, for &c. authorized to each of the districts aforesaid, a register of the land office and receiver appoint a register of public moneys ; which appointments shall not be made, for any of the eJch district aforesaid respective land districts, until a sufficient qnantity of public lands shall have been surveyed within such district, as to authorize, in the opinion of the President, a public sale of land within the same ; 58 OHIO. which registers of the land office and receivers of public moneys, when appointed, shall each, respectively, give security, in the same sums, and in the same manner, and whose compensation, emoluments, and duties, and authority, shall, in every respect, be the same, in respect to the lands which shall be disposed of at their offices, as are or may be pro- vided by law in relation to the registers and receivers of public moneys in the several land offices, established for the disposal of the public lands of the United States, in the States of Ohio and Indiana. All the public SEC. 3. And be it further enacted, That all the public lands within the the IndLTtitle aforesaid several districts, to which the Indian title has been extin- has been extin- guished, and which have not been granted to, or reserved for, the use guished, to be of- of any individual or individuals, or appropriated and reserved for any fered for sale. other purpose, by any existing treaties or laws, and, with the exception of section numbered -sixteen, in each township, which shall be reserved for the support of schools therein,(&) shall be offered for sale, to the high- est bidder, at the land offices for the respective districts, under the di- Under the di- rection of the register of the land office and receiver of public moneys, rection^of thereg- on such day pr days as shall, by proclamation of the President of the United lv ' States, be "designated for that purpose : the sales shall remain open at Sales open for each place for three weeks, and no longer ; the lands shall not be sold three weeks. for less than two dollars an acre ; and shall, in every other respect, be ro d ll" U 8O ^ ^ n tracts f the same size, on the same terms and conditions as have been, or may be, by law, provided for the sale of the lands of the United States in the States of Ohio a'nd Indiana. All the public lands in the Lands remain- said districts, witn these exceptions above mentioned, remaining unsold ing unsold may a t the close of the public sales, may be disposed of at private sale, by be sold at private the register of the respective land offices, in the same manner, under 8ale - the same regulations, for the same price, and on the same terms and conditions, in every respect, as are or may be provided by law for the sale of the lands of the United States in the States of Ohio and Indiana : ate, in the And patents shall be obtained, for the lands sold in the said districts, aer, c. j n ^ Q game manner, and on the same terms, as are or may be by law provided for other public lands sold in the States of Ohio and Indiana, (c) The President SEC. 4. And be it further enacted, That the President of the United may remove any States shall have power, and he is hereby authorized, to remove, when- ficea &c. ever he 8na11 J ud g e Jt expedient so to do, any and each of the land of- fices established by this act, to such suitable place, within the district for which it was established, as he shall judge most proper, (a) Compensation SEC. 5. And be it further enacted, That each of the registersof the land to each register office, and receivers of public moneys, shall receive five dollars for each ceiver. day's attendance in superintending the public sales in their respective districts. (a) See Xos. 21, 25, 29, 30, 32, 35, 39, 41. 44, 47, 52, 59, 65, 76, 79, 80, 81, 88, 90, 99, 104. 132, 140, 158, 169. (6) See Xos. 28, 31. 45. 47. 76, 79, 102, 109. 110, 136, 144, 150, 156, 158, 167, 168, 179. (c) See Xos. 11, 16, 21. 25, 29, 30, 3-2, 36. 39. 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 60. 81, 83, 84, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 15-. 17 Feb. 18, 1820. ^o- 86. AX ACT for the relief of the heirs of Anthony Burk . YoL6.p.237. B it enacted, c., That the heirs of Anthony Burk be authorized to Authorized to eu ter, within twelve months from the passage of this act, with the enter a tract of register of the land office at Chillicothe, without payment, two quarter- land without pay- sections, within the boundaries of the district of Chillicothe. ment. March 30, 1820. No. 87. AX ACT further to suspend, for a limited time, the sale or forfeiture of VoL 3, p. 505. lands, for failure in completing the payment thereon. * Be it enacted, $- c., That the operation of the sixth condition of the fifth lands ^o'r 16 non- section of the act entitled "An act to amend the act entitled "An act payment sus- providing for the sale of the lands of the United States northwest of the pended till 3lst Ohio, and above the mouth of Kentucky Eiver," be, and the same is March, 1821. hereby suspended until the thirty-first day of March, one thousand eight hundred and twenty-one, in favour of the purchasers of public Proviso- bene- lan(l8 J at an y of tne land omces of tne United States: Provided, That nt limited to pur- the benefit of this act shall not be extended to any one purchaser for a chasers within greater quantity than six hundred and forty acres, (a) (a) See Xos. 11, 16, 21, 25, 29, 30, 32. 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81 85, 88, 90, 99, 102, 108, 111. 113. 126. 130, 132, 133. 145, 155, 158, 175, 185. OHIO. 5 No. 88. AN ACT making further provision for the sale of the public lands. April 24, 1820. Vol. 3, p. 566. SBC. 3. And be it further enacted, That from and after the first day of Price of lands July next, the price at which the public lands shall be offered for sale, *J-^ PJ r acre shall be one dollar and twenty-five cents an acre ; and at every public 1820 uly > sale, the highest bidder, who shall make payment as aforesaid, shall be the purchaser ; but no land shall be sold, either at public or private ^ Q , sale, for a less price than one dollar and twenty-five cents an acre ; and i esg than 6 $1 25 all the public lands which shall have been offered at public sale before per acre, the first day of July next, and which shall then remain unsold, as well 9 the lands that shall thereafter be offered at public sale, according to Lands offered irw, and remain unsold at the close of such public sales, shall be sub- at public sales, j3ct to be sold at private sale, by entry at the land office, at one dollar and unsold, sub- and twenty-five cents an acre, to be paid at the time of making such-J^ *t &i P 5 Vate entry as aforesaid ; with the exception, however, of the lands which acre '. may have reverted to the United States, for failure in payment, and of Exceptions. le heretofore reserved sections for the future disposal of Congress, in the States of Ohio and Indiana, which shall be offered at public sale, as lereinafter directed. SEC. 4. And be it further enacted, That no lands which have reverted, i, an( i s rev ert or which shall hereafter revert, and become forfeited to the United e d, &c., to be of- States for failure in any manner to make payment, shall, after the first fered at public day of July next, be subject to entry at private sale, nor until the same before private shall have been first offered to the highest bidder at public sale ; andall se of lands re such lands which shall have reverted before the said first day of July next, verted, &c., be- and which shall then belong to the United States, together with the sec- fore the 1st July, tions, and parts of sections, heretofore reserved for the future disposal * 8 2 . a n .d ro- of Congress, which shall, at the time aforesaid, remain unsold, shall be served 8ectlons - offered at public sale to the highest bidder, who shall make payment therefor, in half quarter-sections, at the land office for the respective districts, on such day or days as shall, by proclamation of the President Sale of land* of the United States, be designated for that purpose ; and all lands reverting, &c., af- which shall revert and become forfeited for failure of payment after ter 1st July, 1820. the said first day of July next, shall be offered in like manner at public sale, at such time, or times, as the President shall by his proclamation designate for the purpose : Provided, That no such lands shall be sold All lamia uu- at any public sales hereby authorized, for a less price than one dollar sold at public and twenty-five cents an acre, nor on any other terms than that of cash av . be entered payment ; and all the lands offered at such public sales, and which shall remain unsold at the close thereof, shall be subject to entry at private sale, in the same manner, and at the same price with the other lands sold at private sale, at the respective land offices, (a) SEC. 5. And be it further enacted, That the several public sales au- Pnblic salM for thorized by this act, shall, respectively, be kept open for two weeks, tw o weeks * and no longer ; and the registers of the land office and the receivers of public money shall, each, respectively, be entitled to five dollars for each day's attendance thereon. SEC. 6. And be it further enacted, That, in every case hereafter, where preference to two or more persons shall apply for the purchase, at private sale, of the be given to the same tract, at the same time, the register shall determine the preference, highest bidder, by forthwith offering the tract to the highest bidder. (6) (a) See Nos. 11, 18, 21, 29, 30, 32, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. (ft) See Nos. 21, 25, 29, 30, 32, 35, 39, 41, 44, 47, 52, 59, 65, 76, 79, 80, 81, 85, 90, 99, 104, 132, 140, 158, 189. No. 89. AN ACT for the relief of John B. Regnier. May 2) ig20. Be it enacted, #o., That John B. Regnier, of Ohio, be, and he hereby YoL 6 P- 24 ^ is, authorized to locate, in the Marietta district, any unappropriated Authorized to quarter-section of land which has been offered for sale by the United enter a quarter- States; and, whenever the said Regnier shall have entered such quarter- section of land, section with the register of the land office of the said district, it shall be &c ' the duty of the said register to give to him a certificate, describing the quarter-section so entered ; on the presentation of which to the Commis- sioner of the General Land Office, a patent shall issue to the said Reg- uier, for the aforesaid quarter-section of land. 60 OHIO. Ma v 1 1 i**o No * 90. AX ACT authorizing the sale of thirteen sections of land, lying within the Vol. 3, p. 575. land district of Canton, in the State of Ohio. I and in the dis- ^ e ** ewacied > ^" C M That the thirteen sections of land lying within the trict of Canton, land district of Canton, (a) in the State of Ohio, which were reserved for reserved by act of the use of certain persons of the Delaware tribe of Indians, by an act of M?n iS *f r' Con g ress > passed on the third day of March, one thousand eight hundred ly ceded in case of tne death or resignation of any of them, to appoint other Illinois, to exam- and like persons in their place, who shall have power carefully to exam- ine the country ine the country, between Wheeling, in the State of Virginia, and a point inland a point on the lef * bank of the Mississi PPi River, to be chosen by said commis- oiT the Missis- s i Ders between St. Louis and the mouth of the Illinois River, and to lay sippi, &c.,andlay out a road from Wheeling aforesaid, to the point so to be chosen on the out a road. left bank of the river Mississippi ; the said road to be on a straight line, or as nearly so as, having a due regard to the condition and situation of the ground and water- courses over which the same shall be laid out, shall be deemed expedient and practicable. And said commissioners shall Surveyors, have power to employ able surveyors, chain-bearers, and other neces- chain-bearers )8ar y assistants, in laying out said road; and so much of the lands Lands for the of tne United States as may be included within the same, shall be, and road reserved is hereby, reserved and excepted from the sales of the public lands, from sales. The said road to be eighty feet wide, and designated by marked trees, stakes, or other conspicuous monuments, at the distance of every quarter Road to be 80 of a mile, and at every angle of deviation from a straight line. And feer wide, &c. the said commissioners shall cause to be made, and delivered to the road to bemade Presitlent f tne United States, an accurate plan of said road, so laid out. OQ t by them as aforesaid, with a written report of their proceedings, describing therein the State lines crossed, and the marks, monuments, courses, and distances, by which the said road shall be designated ; de- rided L into sec- 8cribin g. al8O > the water- courses, and the nature and quality of the ground tions, with notice over which the same shall be laid out ; they shall, moreover, divide said of materials for road into sections of not more than ten, nor less than five, miles long, making each, and noticing the materials that may be used in making, and giving an estimate of the expense of making, each section of the road aforesaid. Commissioners, SEC. 2. And be it further enacted, That the commissioners, surveyors, 1822 Be it enacted, fc., That Benjamin Stephenson, of the State of Illinois, VoL 6 P- m be, and is hereby, authorized to locate four hundred and ninety-five acres Authorized t o of any of the unappropriated lands lying within the military reserve, locate 495 acres between the rivers Sciota and Little Miami, in the State of Ohio, which of any unappro- shall be in full satisfaction of the claim of the said Benjamin Stephen- f n " ^ithhi the son, as the legal representative of George Hite, to whom the same quan- mTlitary r e - tity of land was, on the fourteenth day of September, seventeen hun- serve, in full sat- dred and eighty-seven, patented by the State of Virginia, for his serv- inaction of hi* ices in the Virginia continental line during the revolutionary war, and ' which was transferred to the said Benjamin Stephenson by a regular deed of conveyance from the said George Hite, and of which he was afterwards evicted by virtue of a prior grant of the same land ; and the said Benjamin Stephenson, or his legal representatives, shall obtain a patent therefor, in the manner prescribed by law for issuing patents upon warrants located within the said reserve. 62 OHIO. May 7, 1822. No. 95. AX ACT vesting in the commissioirers of the counties of Wood and San- VoL 6, p. 276. dusky, the right to certain lots in the towns of Perrysburgh and Croghansville, in the State of Ohio, for county purposes. The right to Be it enacted, <$~c., That the right to all the unsold town lots and out- unsold town lots, lots in the town of Perrysburgh be, and the same is hereby, vested in burh n andCro- tne commissioners of Wood County, in the State of Ohio ; and the right ghansville, vest- * a ^ the unsold town lots and out-lots in the town of Croghansville be, ed in the com- and the same is hereby, vested in the commissioners of Sandusky Coun- missioners o f ty, in said State; on condition that said commissioners shall perma- du^kv Counties" nentl y locate the seat of justice for their respective counties at said &c. " towns ; and that the nett proceeds of the sales of so many of said lots as are necessary to be retained for the purpose of erecting public build- ings thereon, be applied to the erection and improvement of the public buildings and squares in said towns respectively, (a) (a) See Nos. 155, 163, 186. May 7, 1822. Wo. 96. AX ACT for the relief of Samuel Ewings. Vol. 6, p. 276. Be it enacted, j-c., That the Secretary of the Treasury cause to be Patent for land issued to Samuel E wings, or his legal representatives, upon application, to be issued to a patent for five hundred acres of land, situated on the Miami of the him. Lake, it being the same tract which was confirmed to him under an act, entitled "An act regulating the grants of land in the Territory of Mich- igan," passed the third of March, one thousand eight hundred and seven : and for which he holds the register's certificate, numbered five hundred and seventy-eight, (a) (a) See No. 149. Feb 28 1823 Wo. 97. AX ACT for laying out and making a road, from the lower rapids of the Vol. 3 p. 727. Miami of Lake Erie to the western boundary of the Connecticut Western Reserve, ' in the State of Ohio, agreeable to the provisions of the treaty of Brownstown. lioad from the Be [t enac tcd, fc., That the State of Ohio is hereby authorized to lay the* Miami of out ' P en > and construct, a road, from the lower rapids of the Miami of Lake Erie, to Lake Erie, to the western boundary of the Connecticut Western Reserve, Connecticut in such manner as the legislature of said State may by law provide, western reserve. w if n tne approbation of the President of the United States ; which road, when constructed, shall forever remain a public highway. Land granted SEC. 2. And be it further enacted, That, in order to enable the State of for the road, and Ohio to open and construct said road, a tract of land, one hundred and expenses. twenty feet wide, whereon to locate the same, together with a quantity of land equal to one mile on each side thereof, and adjoining thereto, to be bounded by sectional lines as run by the United States, to defray the expenses of making the said road, is hereby granted to said State ; to commence at the Miami rapids, and terminate at the western bound- ary of the Connecticut Western Reserve, with full power and authority to sell and convey the same, and apply the proceeds to the making of said road : and in case the said tract of land shall sell for a greater sum than shall be sufficient to complete such road, then the residue thereof shall remain with the State of Ohio, as a fund for the purpose of keep- Proviso. ing said road in repair : Provided. That said road shall be made within Proviso. the term of four years from the passage of this act : And provided, None of the land hereby appropriated for making said road shall be sold for a less price than one dollar and twenty-five cents per acre. Lands sold to SEC. 3. And be it further enacted, That, in case any of the lands, be paid for at a through which it may be thought expedient to open said road, may m 1 1S07 > revive( ^ of March, one thousand eight hundred and seven, shall be revived, and in force, with all its restrictions, except that the respective times al- lowed for making locations, and returning surveys thereon, shall be limited to the terms prescribed by the first section of this act, for the location and return of surveys on other warrants ; and that the surveys shall be returned to the General Land Office : Provided, That no locations, Proviso, as aforesaid, in virtue of this or the preceding section of this act, shall be made on tracts of lands for which patents had previously been issued, or which had been previously surveyed ; and any patent, which may nevertheless be obtained for land located contrary to the provisions of this act, shall be considered null and void. SEC. 3. And be it further enacted, That no holder of any warrant which Holders of war- has been, or may be, located, shall be permitted to withdraw or remove rants not permit- the same, and locate it on any other land, except in cases of eviction, in ted* remove lo- consequence of a legal judgment first obtained, or unless it be found to ca interfere with a prior location and survey ; nor shall any lands hereto- fore sold by the United States, within the boundaries of said reserva- tion, be subject to location by the holder of any such unlocated war- rant, (a) (a) SeeNos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 112, 119, 121, 128, 146,154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. No. 99. AN ACT supplementary to the act entitled "An act to designate the bound- March 3 1823. aries of districts, and establish land offices for the disposal of the public lands, not Vol 3 p 783 heretofore offered for sale, in the States of Ohio and Indiana." [See INDIANA, No. 238.] No. 100. AN ACT for the relief of Joshua Eussell. March 3, 1823. Be it enacted, $c., That it shall and may be lawful for Joshua Russell, YoL 6 P- 286 - at any time before the thirtieth day of September next, to file with the Allowed to re- register of the land office at Marietta, in the State of Ohio, a relin- linquish certain quishment, in writing, of a quarter-section of the land mentioned and l an - 64 OHIO. the said fractional quarter-section of land, calculated at the price stated in said certificate, with interest, at the rate of six per centum per annum, upon such balance, from the thirtieth day of September, eighteen hun- dred and twenty-one, then the said Joshua Knssell, or his assignee, or other legal representative, shall be entitled to receive a patent for the said fractional quarter-section of land. Jan. 19, 1824. No. 101. AK ACT for the relief of William Kendall. >o . 6, p. 292. P T^ \viHiarn Kendall be, and he is hereby author- To enter va- i ze d, as soon as he shall have relinquished to the United States, by a cant land with- deed duly executed, all his right, title, and interest, in, and to, the north- 1 ' east quarter of section fourteen, township four, range nineteen, in the Chillicothe district, to enter, without payment, with the register of said district, any vacant quarter-section, situated within the same; and he shall be entitled to a patent therefor, as in other cases. ay 2 ol. 4, No. 102. AX ACT providing for the disposition of three several tracts of land in p. 56. Tuscarawas County, in the State of Ohio, and for other purposes. Three tracts of Be it enacted, $c., That the three several tracts of land, lying in the land in the coun- county of Tuscarawas, in the State of Ohio, lately retroceded to the United was Ohio U to a be States b J tne Society of United Brethren for propagating the Gospel surveved ' and among the Heathen, (a) shall be surveyed and laid off into such lots, having laid off into lots, regard to the existing surveys and improvements thereon, as will best Proviso. conduce to the sale thereof :( 5) Provided, That thelots and tracts which the United States are bound to convey to the said society, shall be laid off ac- cording to the contract for retrocession: And provided, also, That a suit- able number of in-lots and out-lots, in the town of Gnadenhutten, shall be laid off for said town, embracing the improved part thereof, and the fields adjoining, now occupied by the inhabitants, which shall be platted and numbered, and a copy recorded in said county, according to the laws of Ohio. An agent to be SEC. 2. And be it further enacted, That the Secretary of the Treasury appointed to re- 8na n |) 6) an fl j 8 hereby, authorized to appoint an agent, who shall reside land duty of!" near the 8aid land, whose duty it shall be to superintend and direct the survey of said land and lots ; to receive and pay over to the Treasury the rents due, and to become due, on said lands ; to take possession of such parts of said lands as may be forfeited by the tenants, by reason of non- performance of the covenants in their leases, to ascertain the actual cash value of each of the lots and town lots, with the improvements there- on, and, also, the value of each, subject to the conditions of the lease outstanding on it, by the aid of two disinterested appraisers, to be selected by the Secretary of the Treasury, to ascertain the award to be made to Isaac Simners, Jesse Walton, Barzillai Walton, Jesse Hill, and Boaz Walton, according to their leases ; to receive a surrender of such of the leases outstanding on such lands as the holders thereof maybe disposed to make, who have, or shall first comply with the conditions of their leases, up to the time of the surrender ; to superintend the sale of said lands and lots, and to transfer to the purchasers who shall buy any of said land or lots, subject to the leases thereon, the lease of the lot or land so bought ; and to do whatever else may be necessary to effect a speedy and advantageous disposition of said lands and lots.' A right of pre- SEC. 3. And be it further enacted, That a right of pre-emption shall be emption to be al- allowed to John Andreas, John Neigaman, Jacob Winsh, and Catharine drlfs and others" Tschud y at the real cash value of the lots occupied by them according '"' to the stipulations of the said agreement for retrocession, and to any of the lessees, for any lot embracing their lease; and, also, to the said So- ciety of United Brethren, for any of the remaining lots, or town lots, to an amount not exceeding the amount stipulated to be paid to them Proviso. by the United States : Provided, That any of the persons entitled to pre- emption, who shall be desirous to avail themselves of such right, shall give notice to the said agent of such their intention before the cash value of the lots is ascertained ; and, in the case of the lessees, shall, at or before the time of giving such notice, pay all arrears of rent, and surren- der their leases ; and shall, immediately after the said cash value is ascertained, be entitled to a patent for the lot or land to which they are entitled, as aforesaid, on paying the amount of such cash value; or, in the case of the society, on their executing and delivering to said agent a OHIO. 65 ^discharge to the Umtol States, fcrrso much as^said left t>r laud, whereto a pre-emption is claimed, shall amount to, on account of any sum to become due them by reason of the 'stipulations in said retrocession ; and no right to su authorized to ascertain the number of acres, and, by ber of acres of appraisement or otherwise, the value thereof, exclusive of improve- land lying be- ments, of all such lands lying bet ween Ludlow's and Robert's lines, in the tween !Ludlow;s state of Ohio, as may, agreeably to the principles of a decision of the fines in Ohio 8 Supreme Court of the United States, in the case of Doddridge's Lessee, against Thompson and Wright, be held by persons under Virginia mili- tary warrants, and on what terms the holders will relinquish the same to the United States, and that he report the facts at the commencement of the next session of Congress, (a) (a) See Xos. 122, 125- May 26, 1824. No. 104. AX ACT reserving to the Wyandot tribe of Indians a certain tract of land, Vol. 4. p. 75. in lieu of a reservation made to them by treaty. Thenorthquar- ^ e ** enacted, <$'C., That there be, and hereby is, reserved, for the use ter-section num- of the chiefs and tribe of Wyandot Indians, 'subject to the conditions bered i two, in and limitations of the former reservation, the northeast quarter of iro section numbered two, in township two, and range seventeen, south teen.?n fhe 8 Dela- of * he base line > of land - in the Delaware land district, in the State of ware land dis- Ohio, in lieu of one hundred and sixty acres of land, on the west side trict, Ohio, re- of, and adjoining, the Sandusky River ; and which was reserved to said served for the use tribe of Indians, by a supplementary treaty between the United States tribeof inSs and certain tribes of Indians, held at St. Mary's, in the State of Ohio, on the seventeenth day of September, eighteen hundred and eighteen; on condition that the chiefs of said Wyandot tribe first relinquish to the United States all the right, title, and claim, of said tribe, to the one hundred and sixty acres of land reserved by said supplementary treaty, (a) (a) See Xos. 158, 164, 175. Dec. 25, 1824. No. 1 05. AX ACT to authorize the legislature of the State of Ohio to sell and con- Vol. 4. p. 79. vey certain tracts of land granted to said State for the use of the people thereof. Leirt of schools nent maintenance and support of schools within the same, (a) EJturete to m- (a) See Nos. 28, 31, 45, 47, 76, 79, 85, 102, 110, 136. 144, 150, 156, 158, 167, 168, 179. vest, &c. No. 110. AN ACT to appropriate lands for the support of schools in certain town- May 20, 1826. ships and fractional townships, not before provided for. Vol. 4, p. 179. *#*#** SEC. 3. And be it further enacted, That there shall be selected, in the Land to be se- manner above mentioned, one section and one quarter- section of land, ^nch trrant IE for the support of schools within that tract of country, usually called Ohio, the French grant, in the county of Sciota, and State of Ohio, (a) (a) See Nos. 28, 31, 45, 47, 76, 79, 85, 102, 109, 136, 144, 150, 156, 158, 167, 168, 179. 68 OHIO. May 20, 1826. No . 1 11. AN ACT supplementary to "An act providing for the disposition of three Vol. 4, p. 185. several tracts of land in Tuscarawas County, (a) in the State of Ohio, and for other purposes," passed the twenty-sixtfe of May, one thousand eight hundred and twenty. The provisions Be it enacted, #c., That the Secretary of the Treasury be, and he is carried^to e? nereb y> authorized to adopt such measures as, in his judgment, the in- fect, terests of the United States, and the parties concerned, may require, for the purpose of carrying into full and complete effect the provisions of the act to which this is a suppl ement, and the intentions of Congress, as expressed in said act. (&) (a) See Xos. 12, 102, 113, 176. (&) See Xos. 11, 16, 21 , 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85. 87, 88, 90, 99, 102, 108, 113, 126. 130, 132, 133, 145, 155, 158, 175, 185. May 20, 1826. N*. 112. AN" ACT to extend the time for locating Virginia military land- warrants, Vol. 4, p. 189. and returning surveys thereon to the General Land Office. Officers &c of ^ e ^ enacted, $c., That the officers and soldiers of the Virginia line, the Virginia line, on the continental establishment, their heirs or assigns, entitled to on the 'continen- bounty lands within the tract of country reserved by the State of Vir- td establish, giuia^ between the Little Miami and Sciota Rivers, shall be allowed bounty "lands, to until the first da F of J. une > eighteen hundred and twenty-nine, to ob- be allowed until tain warrants, and until the first day of June, eighteen hundred and 1st June, 1829, to thirty-two, to complete their locations, and until the first day of June, obtain warrants, eighteen hundred and thirty-three, to return their surveys and warrants, or certified copies thereof, to the Commissioner of the General Land Office, Proviso. and to obtain patents : Provided, That no location shall be made by virtue of any warrant obtained after the first day of June, eighteen hundred and twenty-nine, and no patent shall issue in consequence of any location made after the first day of June, eighteen hundred and Proviso. thirty-two : And provided also, That no patent shall be obtained, on any such warrant, unless there be produced, to the Secretary of War, satis- factory evidence that such warrant was granted for services which, by the laws of Virginia, passed prior to the cession of the Northwestern Territory, would have entitled such officer, or soldier, his heirs or as- signs, to bounty lands ; and also a certificate of the register of the land office of Virginia, that no warrant has issued from the said land office for the same services. Xo patent to SEC. 2. And be it further enacted, That no patent shall be issued, by tueTfthe nreced virtae of tne preceding section, for a greater quantity of land than the ing section, for a rank, or term of service, of the officer or soldier to whom or to whose greater quantity heirs or assigns such warrant has been granted, would have entitled of land than the hi m to, under the aforesaid laws of Virginia ; and whenever it appears, slrvtee'of'tne of- to the Secreta ry of War, that the survey made by virtue of any of ficer, &c., to the aforesaid warrants, is for a greater quantity of land than the offi- whose heirs or cer or soldier is entitled to for his services, the Secretary of War shall assignees such certify, on each survey, the amount of such surplus quantity, and the ^ranted TroSd officer or soldier, his heirs or assigns, shall have leave to withdraw his Save entitled him s urve y from the office of the Secretary of War, and resurvey his loca- to, &c. tion, excluding such surplus quantity, in one body, from any part of his resurvey, and a patent shall issue upon such resurvey, as in other cases. Xo holder of SEC. 3. And be it further enacted, That no holder of any warrant, which any warrant to has been, or may be located, shall be permitted to withdraw or remove be permitted to tne 8ame) an d locate it on any other land, except in cases of eviction, move F the same in consequence of a legal judgment first obtained, from the whole or a and locate it on part of the located land, or unless it be found to interfere with a prior any other land, location and survey : nor shall any lands heretofore sold by the United except in cases states, within the boundaries of said reservation, be subject to location, Proviso by the holder of any such unlocated warrant : Provided, That no loca- tion shall, after the passage of this act, be made on lands for which patents had previously issued, or which had been previously surveyed, nor shall any location be made on lands lying west of Ludlow's line, and any patent which, nevertheless, may be obtained, contrary to the provisions of this section, shall be null and void, (a) (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46,51, 58,64, 66,82,93, 98, 119,121, 128, 146, i: 166, 172, 174, 177, 180, 183, 184, 187, 190. OHIO. 69 No. IIS.-'AN ACT to authorize the sale of certain tracts of land in the State of March 2, 1827. Ohio, commonly called Moravian land. Vol. 4, p. 237. Be it enacted, #c., That the several lots of land lying in the Salem, Certain lots ly- Gnadenhutten, and Shoenbrun tracts of land, (a) which have been valued ing in the Salem, at more than one dollar and twenty-five cents per acre, may be offered G n a denbutten, at public sale, at such time as the President of the United States may J^ o^lanT think expedient, and sold as other public lands of the United States, (b) to be offered at (a) See Nos. 12, 102, 111, 176. public sale. (b) See ]STos. 11, 16, 21, 25, 29, 30, 32, 36, 39,41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99-, 102, 108, 111, 126, 130, 132, 133, 14, 155, 158, 175, 185. No. 114. AN ACT for the relief of Isaac Delawder. March 2, 1827. Be it enacted, $-c., That Isaac Delawder be, and he is hereby, permitted Vol- 6, p. 362. and allowed to enter one-half quarter-section of any land liable to en- May enter a try, at private sale, in the Chillicothe land district, in the State of ggP* of land in Ohio, for which he shall be entitled to a patent, on his releasing to the United States the east half of the southeast quarter of section number ten, township four, range seventeen, in the Chillicothe District, and which was entered by the said Delawder by mistake, by reason of the surveyor's marks upon the corner trees of said last-named quarter sec- tion having become obliterated and rendered illegible, by time and acci- dent. No. 115. AN ACT to grant a certain quantity of land to the State of Ohio, for the March 3, 1827. purpose of making a road from Columbus to Sandusky. Vol. 4, p. 242. Till til A Be it enacted, $c., That there be, and are hereby, appropriated, to the Land eran t e d ate of Ohio, for the purpose of aiding the Columbus and Sandusky f or a road. Turnpike Company in making a road from Columbus to Sandusky City, the one half of a quantity of land equal to two sections, on the west- ern side of said road, and most contiguous thereto, to be bounded by sectional lines, from one end of said road to the other, wheresoever the same may remain unsold, reserving to the United States each alternate section the whole length of said road through the lands of the United States, to be selected by the Commissioner of the General Land Office, under the direction of the President : Provided, That no toll shall at any time be collected of any mail stage, nor of any troops, or property of the United States, (a) (a) See No. 116. No. 116. AN ACT explanatory of "An act to grant a certain quantity of land to April 17, 1828. the State of Ohio for the purpose of making a road from Columbus to Sandusky." Vol. 4, p. 263. Be it enacted, $c., That, in lieu of the lands appropriated by the act Forty-nine sec- approved on the third of March, one thousand eight hundred andtions of land to twenty -seven, there shall be granted to the State of Ohio, for the pur- he located in the poses designated in the said act, forty-nine sections of land, to be lo- D . ela y ar . e l and cated in the Delaware land district, in the following manner, to wit : CdTdesiSed every alternate section, through which the road may run, and the sec- in the act of tion next adjoining thereto, on the west, so far as the said sections re- March 3, 1827. main unsold, and, if any part of the said sections shall have been dis- posed of, then a quantity equal thereto, shall be selected under the di- rection of the Commissioner of the General Land Office, from the vacant lands in the sections adjoining on the west of those appropriated, (a) (a) See No. 115. No. 117 AN ACT to aid the State of Ohio in extending the Miami Canal from Day- May 24, 1828. ton to Lake Erie, and to grant a quantity of land to said State to aid in the con- Vol. 4 p. 305. fraction of the canals authorized by law ; and for making donations of land to certain persons in Arkansas Territory. A quantity of Be it enacted, $c., That there be, aad is hereby, granted to the State ^ nd to bo g nt ; of Ohio, for the purpose of aiding said State in extending the Miami gg gj5S Canal from Dayton to Lake Erie, by the Maumee route, a quantity of pose' of aiding land, equal to one-half of five sections in width, on each side of said said State in ex- canal, between Dayton and the Maumee River, at the mouth of the Au- tendi S the . Mi- glaize, so far as the same shall be located through the public land, and iSytonto SkS reserving each alternate section of the Mnd unsold to the United States, Erie by the Mau- to be selected by the Commissioner of the General Land Office, under the naee route. 70 OHIO. direction of the President of the United States ; and which -land, so re- served to the United States, shall not b sold for less than two dollars and fifty cents per acre. The said land, hereby granted to the State of Ohio, to be subject to the disposal of the legislature of said State, for Proviso. the purpose aforesaid, and no other : Provided, That said canal, when completed, shall be, and forever remain, a public highway, for the use of the Government of the United States, free from any' toll or other charge, whatever, for any property of the United States, or persons in Proviso. their service, passing through the same : And provided, also, That the extension of the said Miami Canal shall be commenced within five years, and completed within twenty years, or the State shall be bound to pay to the United States the amount of any lands previously sold ; and that the title to purchasers, under the State, shall be valid. Duty of the SEC. 2. And be it further enacted, That so soon as the route of said canal governor ^hen 8 h a ii be located, and agreed on by said State, it shall be the duty of the canalTa i located g vernor thereof, or such other person or persons as may have been, or ' shall hereafter be, authorized to superintend the construction of said canal, to examine and ascertain the particular lands to which the said State will be entitled under the provisions of this act, and report the same to the Secretary of the Treasury of the United States. Legislature to SEC. 3. And be it further enacted, That the state of Ohio, under the au- have power to thority of the legislature thereof, after the selection shall have been so sell &c., after the made, as aforesaid, shall have power to sell and convey the whole, or aide an ^ P art of said land j and to g ive a title in fee-simple, therefor to the purchaser thereof. State of Indi- SEC. 4. And be it further enacted, That the State of Indiana be. and ana authorised hereby is, authorized to convey and relinquish to the State of Ohio, upon to theMState of 8ncn terms as mav be a greed upon by said States, all the right and inter- Ohio, all t h e est granted to the State of Indiana, to any lands within the limits of the right, &c : , grant- State of Ohio, by an act, entitled "An act to grant a certain quantity of ed to said State i an( j to the State of Indiana, for the purpose of aiding said State in open- MarchV 1827. in S a canal > to connect the waters of Wabash Eiver with those of Lake Erie," approved on the second of March, one thousand eight hundred and twenty-seven ; the State of Ohio to hold said land on the same con- ditions upon which it was granted to the State of Indiana, by the act aforesaid. Five hundred SEC. 5. And be it further enacted, That there be, and hereby is, granted thousand acres of to the State of Ohio, five hundred thousand acres of the lands owned the lands owned t,y the United States, within the said State, to be selected as hereinafter Stetes within directed, for the purpose of aiding the State of Ohio in the payment of said State to be the debt, or the interest thereon, which has heretofore been, or which selected as here- may hereafter be, contracted by said State, in the construction of the inafter directed, canals within the same, undertaken under the authority of the laws of of aSunS^^e s ? id State, now in force, or that may hereafter be enacted, for the exten- State of Ohio in sion of canals now making ; which land, when selected, shall be disposed the payment of of by the legislature of Ohio, for that purpose, and no other : Provided, the debt, &c. The said canals, when completed or used, shall be, and forever remain, public highways, for the use of the Government of the United States, free from any toll or charge whatever, for any property of the United States, or persons in their service passing along the same : And provided Proviso. further, That the said canals, already commenced, shall be completed in seven years from the approval of this act ; otherwise the State of Ohio shall stand bound to pay over to the United States the amount which any lands, sold by her, within that time, may have brought ; but the validity of the titles derived from the State by such sales, shall not be affected by that failure. The selection SEC. 6. And be it further enacted, That the selection of the land granted iSvfiS^S!? 1 *"^ tne nft k section of this act, may be made under the authority, and of Sisacttobe b ^ the direction ? the governor of the State of Ohio, of any lands be- madeby the gov-l OD gi n g to the United States within said State, which may at the time ernorof Ohio. of selection be subject to entry at private sale, and within two years Proviso. from the approval of -this act : Provided, That, in the selection of the lands hereby granted, no lands shall be comprehended which have been reserved for the use of the United States, as alternate sections, in the grants hitherto made, or which may be made during the present session of Congress, of lands within the said State, for roads and canals : And Proviso. provided, That all lands so selected shall, by the governor of said State, be reported to the office of the register of the district in which the laud lies, and no lands shall be deen%d to be so selected till such report be OHIO. 71 made, and the lands so selected shall be granted by the United States to the State of Ohio. SEC. 7. And be it further enacted, That this act shall take effect, Pro- Act to take ef- vided, The legislature of Ohio, at the first session thereof, hereafter to feet provided the commence, shall express the assent of the State to the several provisions o 'gj ^11 ex- and conditions hereof 'f and unless such expression of assent be made, press the assent this act shall be wholly inoperative, except so far as to authorize the of the State to governor of Ohio to proceed in causing selections of said land to be made the . severa l pro- previous to the said next session of the legislature, (a) ditions "hereof" ##**#** &c. (a) See Nos. 120, 134, 138, 145, 177, 182, 245. No. 118. AN ACT for the relief of Frederick Onstine. ^ a j |4, 1828. VOl. D, p. oc5 Be it enacted, fc., That Frederick Onstine, of the State of Ohio, shall be, and he hereby is, authorized to enter, of any of the unappropriated en fS two lands of the United States, which have been heretofore offered for sale, tions of land. two sections of land ; and the register of the proper district shall give him a certificate therefor, in due form ; upon the presentment of which to the Commissioner of the General Land Office, he is hereby author- ized and required to issue, to the said Frederick Onstine, a patent, or patents, for the same ; which shall be taken and held as full compensa- tion for all services rendered to the United States, by the said Frederick Onstine and his sons during the late war. No. 119. AN ACT to authorize the appointment of a surveyor for the Virginia mili Feb. 24, 1829. tary district, within the State of Ohio, (a) Vol. 4, p. 335. Be it enacted, $-c., That there shall be appointed by the President of the Surveyor to be United States, by and with the advice and consent of the Senate, a sur- appointed, veyor for the Virginia military district within the State of Ohio, who shall keep his office at Chilicothe, in the said district, within the State Office at Chili- of Ohio, until otherwise directed by law. cothe. SEC. 2. And be it further enacted, That the surveyor appointed by virtue powers, a u - of this act shall possess the same powers and authority, perform the thority, ' duties, same duties, receive the same emoluments, and, in all respects, be sub- emoluments, &c. ject to, and regulated by, the same laws, rules, and regulations, which were received, exercised, and performed by, and governed the late sur- veyor of said district, so far as the Virginia military district in the State of Ohio is concerned. (&) SEC. 3. And be it further enacted, That it shall be the duty of the sur- To receive all veyor to be appointed under the authority of this act to receive from the books, records, personal representatives of Colonel Richard C. Anderson, deceased, late itnds within 8 the surveyor of said district, all the original books, records, warrants, plats district. and certificates of surveys, assignments, and other papers, relating ex- clusively to lauds already entered, surveyed, or patented, or to be sur- veyed, entered, and patented, within the Virginia military district, in Fair copies the State of Ohio ; and he shall also make, or cause to be made, so far thereof to be as relates to claims to land in said Virginia military district, in the State made - of Ohio, fair copies of such original books, records, warrants, plats and certificates of surveys, assignments, and other papers, from such original books, records, and papers, in said office, (which contain entries, cer- tificates, surveys, plats , assignments, or other papers or evidences of A? d , used , a8 title, in which is also included entries, certificates, surveys, plats, assign- Kakin copies ments, or other evidences of title, pertaining to lands lying within the for use m Unit- Virginia military district, in the State of Kentucky,) which transcripts ed States courts, and copies he shall carefully preserve as a part of the records of his office, and from which he may give copies, as from the originals, to be used in all cases of controversies in the courts of the United States, about lands in the said district, in the State of Ohio. SEC. 4. And be it further enacted, That it shall and may be lawful for Surveyor ap- the personal representatives of the said Richard C. Anderson, before the P "^ to . Sj ve delivery of the books, records, papers, and copies, herein specified, to re- peSaisum of ten quire of the surveyor appointed urider the provisions of this act, bond thousand dollars, with good and sufficient security, to be approved of by the county court of the county of Jefferson, in the State of Kentucky, if not approved of by the personal representatives of said Rfchard C. Anderson, in the penal Condition, sum of ten thousand dollars, conditioned that the said surveyor shall 72 OHIO. pay over to the said Anderson's personal representatives all such sums of money due, or to become due to said Anderson, or his representatives, for fees due, services performed, or business done by said Anderson, as late surveyor in said office, and which may be received by the said sur- veyor appointed under this act; and conditioned, also, that he will not surrender to any person or persons originals or copies of any of the rec- ords, books, warrants, plats and certificates of survey, assignments, or other papers, by him received of the personal representatives of said Richard C. Anderson, upon which fees are due, to the person or persons claiming interest in the same, or any other person whatever, until the fees due, or to become due, to said Anderson, or his legal representatives, shall have been first paid to said surveyor ; and, upon the execution of said bond, the personal representatives of said Anderson are authorized and required to deliver the records, books, copies and papers, herein above specified, as is provided by this act. To give sixty SEC. 5. And be it further enacted, That it shall be the duty of the sur- days' notice of veyor f or ^[^ Virginia military district, before he shall receive any lo- wiil "begin 1 to re- ca ti n or entry of military warrants to be surveyed, to give at least sixty ceive locations, days' notice, in those newspapers in which the laws of the United States &c. are published in Ohio, of the day on which he will begin to receive such locations or entries, the expenses of which notice shall be audited and paid by the Treasury Department of the United States. (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 121, 128, 146, 154, 159, 166, 172. 174, 177, 180, 183, 184, 187, 190. (ft) See Nos. 11, 12, 13, 21, 23, 25, 32, 36, 37, 42, 65/76, 79, 81, 102, 158. April 2, 1830. No. 120. AX ACT amending and supplementary to the act to aid the State of Ohio Vol. 4, p. 393. i n 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 in Arkansas Territory. Provision of Be it enacted, tto fp- NdW/Tba* if the State of Ohio sna11 a PPl v the 8aid Iand8 or the P r - ply the land to, ceeds of the sales, or any part thereof, to any other use whatever, than &.c. in the extension of the Miami Canal, before the same shall have been Penalty. completed, the said grant, for all lands unsold, shall thereby become null and void, and the said State of Ohio shall become liable and bound to pay to the United States, the amount for which said land, or any part Proviso thereof, may have been sold, deducting the expenses incurred in selling the same : And provided also, That it shall be lawful for the legislature of said State to appropriate the proceeds of the land so granted, either in extending the said Miami Canal from Dayton to Lake Erie, or in the construction of a railroad, from the termination of the said canal, at Dayton, towards the said lake. TVhen line of SEC. 2. And be it further enacted, That, whenever the line of the said said canal passes canal, to be extended as aforesaid, from Dayton to the Maumee River, over land sold by a( . the mout ^ o f Auglaize, shall pass over land sold by the United States, go" emor of Ohio it shall be lawful for the governor of the State of Ohio to locate other may locate other lands in lieu of the land so sold : Provided, Such locations shall not ex- lands, ceed the number of acres necessary to complete an aggregate quantity, equal to one-half of five sections in width, on each side of said extended canal. () (a) See Xos. 117, 134, 138, 145, 177, 182, 245. April 23, 1830. No. 121. AN ACT to amend an act. entitled "An act to extend the time for locating Vol. 4, p. 395. Virginia military land-warrants, and returning surveys thereon to the General Land Office," approved the twentieth day of May, one thousand eight hundred and twen- ty-six. Officers and g e n ena c1ed, #c,, That the officers and soldiers of the Virginia line, vSnLline ? on tne continental establishment, their heirs or assigns, entitled to allowed, &c.' bounty land within the tract of country reserved by the State of Vir- ginia, "bet ween the Little Miami and Sciota rivers, shall be allowed OHIO. 73 itil the first day of January, one thousand eight hundred and thirty- 70, to obtain warrants, subject, however, to the conditions, restrictions, tt jd limitations, relating to locations, surveys, and patents contained m the act of which this is an amendment. SEC. 2. And be it further enacted, That no location shall be made by vir- No location to tue of any warrant obtained after the said first day of January, one thou- be ade, &c. sand eight hundred and thirty-two ; and no patent shall issue in conse- quence of any warrant obtained after that time. And that the second Certain provi- proviso, inserted in the first section of the above-recited act, except only J^JJi p that part thereof which requires " a certificate of the register of the p land office of Virginia, that no warrant has issued from the said land office for the same services," be, and the same is hereby repealed, (a) (a) See ISTos. 1, 8, 22, 27, 32, 35, 45, -46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 128, 146, 154, 159 t 166, 172, 174, 177, 180, 183, 184, 187, 190. 122. A!N" ACT to quiet the titles of certain purchasers of lands, between the May 26, 1830. lines of Ludlow and Roberts, in the State of Ohio. Vol. 4, p. 405. Be it enacted, on an y public land in the State of Ohio now offered for sale, at l an( j. ' the minimum price, in satisfaction of an equal quantity of land hereto- fore located by the said James Sprague on the east half of the eighth section of the fifth township, in the twenty-second range, under the act of Congress of the twenty-third of April, one thousand eight hundred and twelve, from which the said James has been evicted by an older title ; and the President of the United States is hereby authorized to issue to the said James Sprague a patent for the land so located, on his producing the certificate of the register of the land office within whose district the location may be made. March 31, 1832. No. 129. AX ACT explanatory of the act entitled "An act for the relief of officers Vol. 4, p. 500. and soldiers of the Virginia line and navy, and of the continental army, during the revolutionary war," approved thirtieth of May, one thousand eight hundred and thirty. The provisions Be it enacted, $c.. That the provisions of the act, entitled "An act for of the act limit- the relief of certa i n officers and soldiers of the Virginia line and navy, and of the continental army, during the revolutionary war," approved thirtieth of May, one thousand eight hundred and thirty, (a) shall not be OHIO. 75 Construed to extend to any land warrants heretofore issued, which have been located, surveyed, or patented on the lands reserved and set apart for the satisfaction of the military bounty lands due to the officers and soldiers of the Virginia line upon continental establishment, or for the satisfaction of the officers and soldiers of the continental army. SEC. 2. And be it further enacted, That the provisions of the third sec- The act of May tion of the act, entitled "An act to extend the time for locating Vir-20, 1826, con- ginia military land- warrants, and returning surveys thereon to the land JJJJ e } ^l. office," approved twentieth May, one thousand eight hundred and twen- ty-six, be, and the same is hereby, continued in force for seven years, from and after the first day of June, one thousand eight hundred and thirty-two ; and the proprietors of any location, survey, or patent, con- mplated by the aforesaid section, may avail themselves of the pro- dons of the said section, in the cases therein enumerated. (&) (a) See Nos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 130, 131, 135, 139. (&) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. No. 129. AN ACT for the relief of Jacob Eemf, otherwise called Jacob Kemf . June 15, 1832. it enacted #c., That the register of the land office at Zanesville, Vol. 6, p. 494. lio, be, and he is hereby, authorized to allow Jacob Remf, otherwise Authorized to- called Jacob Kemf, of Holmes County, Ohio, to withdraw his entry and withdraw his en- purchase of the west half of the northeast quarter of section numbered try, &o. fifteen, township numbered six, of range numbered five, of land in the Zanesville district ; and to enter, in lieu thereof, the west half of the northeast quarter of section numbered fifteen, township numbered nine, of range numbered six, military, of tne Zanesville district, and to ap- ply the moneys paid for the tract first named aforesaid, to the pay- ment of the tract last aforesaid : Provided, That, if the tract first named p rov i 80 . aforesaid shall have been patented to the said Remf before the taking effect of this act, then the said Remf shall execute and deliver, to said register of the land office aforesaid, at the time of said withdrawal, a release to the United States for said tract of land first above named. No. 130. AN ACT for the sale of the unlocated lots in the fifty quarter townships j u i v 3 1832 in the United States' military district, in the State of Ohio, reserved to satisfy war- Vol. 4,'p. 560 . rants granted to individuals for their military services. Be it enacted, #c., That the lots and fractional parts of lots lying in Unlocated lots the fifty quarter townships,(a) reserved by an act of Congress, passed the in military dis- eleventh day of February, one thousand eight hundred, and entitled **% 1 \SLiL 1 * "An act giving further time to the holders of military warrants to reg- pr i v ate sale, ister and locate the same," and which remain unlocated, (&) shall, hereaf- ter, be liable to be sold at private sale, in the respective land offices in which they lie, in the same manner, and for the same sum per acre, as other lands of the United States lying in said districts, and undisposed of. (c) (a) See Nos. 11, 18,32, 38, 42,71. (6) See Nos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128,131, 135, 139. (c) See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 5ti, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 132, 133, 145, 155, 158, 175, 185. fo. 131. AN ACT to extend the time of issuing military land-warrants to officers July 13, 1832.. and soldiers of the revolutionary army. Vol. 4, p. 578. Be it enacted, tyc., That the time allowed for issuing military land-war- rants to the officers and soldiers of the revolutionary army shall be ex- to tended to the first day of January, eighteen hundred and thirty-five. 1835. SEC. 2. And be it further enacted, That the further quantity of three L a n d appro . hundred thousand acres of land be, and the same is hereby appropriated, priated, to be Tap- in addition to the quantity heretofore appropriated by the act entitled plied in the nian- "An act for the relief of certain officers and soldiers of the Virginia line n ^r provided by and navy, and of the continental army during the revolutionary war," 301830 C approved the thirtieth of May, eighteen hundred and thirty, which said ' appropriation shall be applied in the manner provided by the said act x the unsatisfied warrants which have been or may be issued as therein irected to the officers and soldiers and others as described in the first, ifth, and seventh sections of said act. 76 OHIO. Last paragraph SEC. 3. And be it further enacted, That the last paragraph of the first section of tne id act * repaled. act w hi cn authorizes the issuing of warrants upon an affidavit that the original was lost, and upon the production of an official copy thereof, shall be, and the same is hereby repealed, (a) (a) See Xos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 135, 139. July 14, 1632. Wo. 132. AX ACT to authorize the sale of certain public lands in the State of Ohio. ToL 4, p. 601. B n en acted, $c., That the lands heretofore reserved for certain Indian Certain public tribes in the State of Ohio, and which were ceded to the United States lands to be at- by treaties ratified on the twenty-fourth day of March, in the year one tachedtotheland thousand eight hundred and thirty-one, and the sixth day of April, one fh^aJ^reSec thousand ei ht hundred and thirty-two, be, and the same are hereby ivety situate &c~ attached to, and made to form part of, the land districts (a) in which they are respectively situated, and liable to be sold as other public lands in the State of Ohio. (6) (a) See Xos. 21, 25. 29, 30, 32, 35, 39, 41, 44. 47, 52, 59, 65, 76, 79, 80, 81, 85, 88, 90, 99, 104, 140, 158, 189. (&) See Xos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76; 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 133, 145, 155, 158, 175, 185. edi d* Feb. 20, 1833. Xo. 1 33. AX ACT to authorize the legislature of the State of Ohio to sell the land VoL 4, p. 618. reserved for the support of religion in the Ohio Company's, and John Cleeves Symrnes' purchases. Seit enacted > $ c -' That the legislature of the State of Ohio shall and is hereby, authorized to sell and convey, in fee-simple, all or an? part of the lands heretofore reserved and appropriated by Congress the support of religion within the Ohio Company's, () and John Cleev< Symmes' purchases, (b) in the State of Ohio, and to invest themoney arii ing from the sale thereof, in some productive fund ; thfe proceeds of which Application of shall be forever annually applied, under the direction of said legisla- proceeds. tnre, for the support of religion within the several townships for which said lands were originally reserved and set apart, and for no other use or purpose whatsoever, according to the terms and stipulations of the con- tracts of the said Ohio Company's, and John Cleeves Symmes' purchases Proviso. within the United States : Provided, Said land, or any part of it, shall, in no case, be sold without the consent of the person who may be the lessee thereof, nor without the consent of the inhabitants of the town- ship within which any such land may be situated, to be obtained in such manner as the legislature of said State shall, by law, direct : And pro- Proviso. vided also, That in the apportionment of the proceeds of said fund, each township within the districts of country aforesaid, shall be enti- tled to such portion thereof, and no more, as shall have accrued from the sum or sums of money arising from the sale of the church land be- longing to such township, (c) (a) See Xos. 5, 81. (b) See Xos. 4, 6, 16. 25. 30. 31. 32, 36, 170, 181. (c) See Xos. 11, 16, 21, 25, 29, 30, 32. 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111. 113, 126, 130, 132, 145, 155. 158, 175, 185. March 2, 1833. VoL 4, p. 662. Ohio canal. No. 134. AX ACT to amend an act entitled ''An act to grant a quantity of land to the State of Illinois, for the purpose of aiding in opening a canal to connect the waters of Illinois River with those of Lake Michigan." and to allow further time to the State of Ohio for commencing the Miami Canal from Dayton to Lake Erie. #*#### SEC. 2. And be it further enacted, That the further time of five years be allowed the State of Ohio to commence the Miami Canal from Dayton 10 Lake Erie, in addition to the time now allowed therefor by law. (a) (a) See Xos. 117 r 120, 138, 145, 177, 182, 245. March 2, 1833. VoL 4, p. 665. ppro- No. 135. AX ACT granting an additional quantity of land for the location of revo- lutionary bounty-land warrants. Be it enacted. tS-c., That the further quantity of two hundred thousand __ - * - - __ - - * i . *i i , priation of land, acres of land be, and the same is hereby, appropriated, in addition to Application of the quantity heretofore appropriated by the act, entitled ''An act for the relief of certain officers and soldiers of the Virginia line and navy, and of the continental army during the revolutionary war," approved the thirtieth May, one thousand eight hundred and thirty, and the act, OHIO 77 entitled "An act to extend the time of issuing military land- warrants to officers and soldiers of the revolutionary war," approved the thir- teenth July, one thousand eight hundred and thirty-two; which said appropriations shall be applied in the manner provided by the said acts, to the unsatisfied warrants, whether original or duplicate, which have been or may be issued as therein directed, to the officers and soldiers, and others, as described in said acts : Provided, That the said certificates of scrip shall be receivable in payment of any of the public lands liable to sale at private entry, (a) (a) See Nos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 139. Proviso. No. 136. AN ACT to grant to the State of Ohio certain lands for the support of June 19, 1834. schools in the Connecticut Western Reserve. Vol. 4, p. 679. Be it enacted, #c., That the President of the United States be, and he L anf i equa i to is hereby, authorized and required to reserve from sale, out of any pub- one thirty-sixth lie lands that have been heretofore offered at public sale, and that re- of Western Re- main unsold in the State of Ohio, a quantity of laud, which, together Jg- ^1 with the lands heretofore granted for the support of schools in the Con- granted, to be necticut Western Reserve, in said State, shall be equal to one thirty- reserved from sixth part of said Western Reserve ; which said quantity of land may ? ale - a d to vest be reserved in sections, or half-sections, or quarter-sections ; and, when m so reserved, the same shall vest in the said State of Ohio, for the support of schools in said Western Reserve, and be holden by the same tenure, and upon the same terms and conditions, in all respects, as the said State now holds, or may hold, the lands heretofore granted for the sup- port of schools in said Western Reserve, (a) (a) See Nos. 28, 31, 45, 47, 76, 79, 85, 102, 109, 110, 144, 150, 156, 158, 167, 168, 179. June 28, 1834. Vol. 6, p. 573- No. 137. AN ACT for the relief of the heirs of Arnold Henry Dohrman. Whereas doubts exist as to the proper construction of the resolution of the Congress of the United States of America, of the first of October Preamble. seventeen hundred and eighty-seven, passed for the benefit of Arnold Henry Dohrman; and whether, by virtue thereof, the said Dohrman was entitled to sections eight, eleven, twenty -six, and twenty nine, of the township of land to be selected by him under said resolution, for the purpose of removing such doubts, and quieting the claims of the heirs at law of said Dohrman, and to effectuate the intentions of the Congress passing said resolution : Be it enacted, J 838. near the Wabash and Erie Canal, in the State of Ohio. Vol. 5, p. 261. Be it enacted, #c., That after the State of Ohio shall have completed The President the selection of lands authorized by an act entitled "An act authorizing authorized t o the selection of certain Wabash and Erie Canal lands, in the Scate Ohio, approved June thirty, eighteen hundred and thirty-four, (a) the due of lands re- President of the United States shall be, and he hereby is, authorized served by act of to proclaim for public sale the residue of the lands reserved from sale June 30 ' 1834> by said act ; which sale shall be governed by the same rules and regula- tions, impose the same duties, and give the same rights, which are pro- vided by the existing laws in relation to other sales of the public lands by proclamation of the President : Provided, however, That no lands shall Proviso. be sold at such sale for a less price than two dollars and fif tv cents Der acre. SEC. 2. And be it further enacted, That after the expiration of the time Afterwards cl in the proclamation of the President for the sale authorized in the an .Y lands unsold nrst section of this act, any lands which may then remain unsold shall shal1 be 8ub Jeot B subject to sale at private entry, at the price of two dollars and fifty c pnvate entr y- ts per acre, and not less ; and no lands hereby authorized to be sold Not subject to mail be subject to entry under any pre-emption law of Congress. (6) entry under pre- (a) See Nos. 117, 120, 134, 177, 182, 245. 6mpti n laWS ' ?'Jft 16 ' 21 ' 25) 29 ' 30 ' 32 > 36 ' 39 ' 41 43 > 44 ' 47 > 48 ' 52 ' 56 ' 59 > 65 . 76 . 7 9. 80, 81, 83 , 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 155, 158, 175, 185. 80 OHIO. July 7, 1838. Io. 146. AN ACT to extend the time for locating Virginia military land-warrants Vol. 5, p. 262. and returning surveys thereon to the General Land Office. Time extended Be it enacted, #c., That the officers and soldiers of the Virginia line to August 10, on continental establishment, their heirs or assigns, entitled to bounty lands within the tract reserved by Virginia, between the Little Miami and Scioto rivers, northwest of the river Ohio, for satisfying the le- gal bounties to her officers and soldiers upon continental establishment, shall be allowed until the tenth day of August, in the year one thou- sand eight hundred and forty, to complete their locations and surveys, and return their surveys and warrants, or certified copies thereof, to the All entries and General Land Office ; and all entries and surveys which may have here- surveys hereto- t o f ore been made within the said reservation, in satisfaction of any shall be "God &c. sucl1 warrants, on lands not previously entered or surveyed, or on lands not prohibited from entry and survey, shall be held to be good and valid, any omission heretofore to extend the time for the making of Proviso. such entries and surveys to the contrary notwithstanding: Provided, That no locations as aforesaid, within the above-mentioned tract, shall, after the passage of this act, be made on tracts of land which may have . been previously patented, or which may have been surveyed in satis- faction of warrants granted for the legal bounties of said officers and soldiers : And provided, also, That no locations as aforesaid shall be made on any lands lying upon the west side of Ludlow's line ; and any patent which may nevertheless be obtained for land located contrary to the provisions of this act, shall be held and considered as null and void.(a) No patent shall SEC. 2. And be it further enacted, That no patent shall be issued by issue for a greater virtue of the preceding section, for a greater quantity of land than quantity of land th e ran k or term of service of the officer or soldier to whom, or to whose term of service of heirs or assigns, such warrant has been granted, would have entitled the officer or sol- him to under the laws of Virginia and of the United States regulating dier, to whom the issuing of such warrants ; and whenever it appears to the Secretary said warrant is- o f \v a r that the survey made by any of the aforesaid warrants is for a entitleThim *to greater quantity of land than the officer or soldier is entitled to for his under the laws services, the Secretary of War shall certify, on each survey, the amount of Virginia. of such surplus quantity, and the officer or soldier, his heirs or assigns, shall have leave to withdraw his survey from the office of the Secretary of War, and resurvey his location, excluding such surplus quantity, in one body, from any part of his resnrvey, and a patent shall issue upon Proviso. such resurvey as in other cases : Provided, however, That no patent shall be obtained on any warrant under this act, unless there be produced to the Secretary of War satisfactory evidence that such warrant was granted for services which, by the laws of Virginia passed prior to the cession of the Northwestern Territory, would have entitled such officer or soldier, his heirs or assigns, to bounty lands ; and, also, a certificate of the register of the land office of Virginia, that no other warrant has issued from the said land office for the same services. (6) (a)SeeNos. 1, 8,22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 123, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. (&) See No. 148. July 7, 1838, No. 147. AN ACT ceding to the State of Ohio the interest of the United States in VoL 5, p. 296. a certain road within that State. Title of the Be il enacted t cj-c., That all right or title of the United States, ac- United States in quired by the treaty of Brownstown, in a certain road from the foot of a certain road the rapids of the Miami of the Lake to the western line of the Connec- StatcTof O^io the ticut . Western Reserve be, and the same is hereby, granted to the State (a) Ses Nos. 53, 72, 97, 163. March 3, 1839. No. 148. AN ACT to repeal the second section of "An act to extend the time for VoL 5, p. 329. locating the Virginia military land- warrants and returning surveys thereon to the General Land Office," approved July seventh, eighteen hundred and thirty-eight. a ^t TO 7t d h W Jul 0n Be U enacted #c., That the second section of "An act to extend the 1838, repealed" ^' time for locating Virginia military land-warrants and returning surveys thereon to the General Land Office," approved July seventh, eighteen hundred and thirty-eight, be, and the same is hereby repealed, (a) (a) See No. 146. OHIO. 81 No. 149. AN ACT for the relief of Joseph Pierce and others. March 3, 1839. Beit enacted, #c., That the sum of ninety-three dollars and eighteen _ cents, with interest thereon from the first day of September, one thou- Money paid for sand eight hundred and seventeen, until the passage of this act, be paid certain land to to Joseph Pierce, Mary Pierce, Jeremiah H. Pierce, David Z. Pierce, be refunded. James Steele, Horatio G. Phillips, Elnathan Carey, and Daniel Hubble, out of any money in the Treasury not otherwise appropriated ; which sum was paid by the said Joseph Pierce and Company for seventy-six acres and eighty-five hundredths of land lying within the reserve of twelve miles square at the foot of the rapids of the Miami of Lake Erie, in the State of Ohio, and the title to which tract was confirmed to Samuel Ewing by an act of Congress dated seventh of May, one thou- sand eight hundred and twenty-two ; and that the said Joseph Pierce and Company be, and they are hereby, exempted from all further pay- ments for said lands, (a) (a) See No. 96. No. 15O. AN ACT to authorize the trustees of the township of Oxford, in the March 3, 1839. county of Butler and State of Ohio, to enter a section of land in lieu of section Vol. 6, p. 773. sixteen, in said township, for the use of schools. Be it enacted, p ' 786 ' ized to enter one-half quarter- section of land of any of the lands of the Authorized to United States in the Zanesville land district, in the State of Ohio, sub- f. nter , land - in ject to sale in private entry, in lieu of the east half of the northwest ' quarter of section nine,township four, range five, of the military land in 6 L O VOL. II. 82 OHIO. the Zanesville land district, which was entered and paid for to the United States on the thirtieth day of April, eighteen hundred and thirty- two, by one Rezin Frazier, who afterwards assigned the same and his Proviso. interest therein to the said Solomon Sturges : Provided, That the said Sturges shall relinquish to the United States all his right and claim in and to the land so entered by said Frazier and assigned to him, in such form as the Commissioner of the General Land Office shall prescribe. July 20, 1840. No. 153. AN ACT for the relief of Mary Perkins. Vol. 6, p. ell. Be it nactfdt j. Cij That Mary Perkins, of the county of Williams, in Authorized to the State of Ohio, be, and she is hereby, authorized to enter, within enter certain twelve months after the passage of this act, with the register and re- ceiver of the land office at Lima, in said State, the following tract of land, to wit : the west fraction of the southeast quarter of section num- bered twenty-one, in township numbered one, north of range five east, in the Lima land district, Ohio, she paying therefor, as other purchasers, the price of one dollar and twenty-five cents per acre. July 20, 1840. No. 153a. AN ACT for the relief of the children of Stephen Johnston, deceased. Vol. 6, p. 812. . f ^ act(lt ^. Ctj That upon tne president being satisfied that the Land certifi- claim of the children of Stephen Johnston, named in the treaty made cate to issue. with the Pottawatomie tribe of Indians, near the mouth of the Missis- sinnewa, upon the Wabash, in the State of Indiana, on the sixteenth day of October, in the year one thousand eight hundred and twenty-six, to a certain half-section of land, in and by said treaty granted to them, the children of said Stephen Johnston, has been, or may have been, re- linquished to the United States ; or that the same never has been se- lected for, and accepted by them, he, the said President, is requested to cause the Commissioner of the General Land Office to issue to the chil- dren of the said Stephen Johnston, by their names Stephen Johnston, and Elizabeth Johnston, or to their heirs a certificate, receivable in pay- ment at any land office in the United States, for any half-section of land, not subject to pre-emption. This act to con- SEC. 2. And be it further enacted, That this act shall continue in force tinue in force, and have effect until the fourth day of March, in the year one thousand eight hundred and forty-three, and no longer, (a) (a) See Xos. 171, 184a. Aug. 19, 1841. No. 154. AN ACT further to extend the time for locating Virginia military land- Vol. 5, p. 449. warrants, and returning surveys thereon to the General Land Office. Sec. l of act of Be it enacted, $c., That the first section of the act entitled " An act to 7th July, 1838, re- extend the time for locating Virginia military land-warrants, and re- vived and con- turning surveys thereon to the General Land Office, " t approved July ^muet an. geven tj^ eighteen hundred and thirty-eight, as to all' warrants issued prior to the tenth day of August, eighteen hundred and forty, and no others, be, and the game is hereby, revived, and to continue in force until the first day of January, eighteen hundred and forty-four, (a) (a) See XOP. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146,1 166, 172, 174, 177, 180, 183, 184, 167, 190. July -J7. 1842. No. 155. AX ACT granting a right of pre-emption to certain lots in the to\vn of Vol. 6, p. 836. " Perrysburg, in the State of Ohio. Purchasers of Be it enacted, $c., That each purchaser, his or her heirs or assigns, of at any lot or lots in the town of Perry sbnrg,(a) in the State of Ohio, at any ~ sale for taxes thereon assessed by the laws of the State, the title to which has not been divested from the United States in any other man- ner than under color of such tax sale, shall have the right to enter the same at any time within one year from the passage of this act, at the Land Office in the district within which said town is situated, at the price for which the same was or were struck off at the public sale of lots in said town, held at the town of Wooster, in July, one thousand eight hundred and seventeen, with interest from that date ; and on OHIO. 83 making such entry, and paying for such lot or lots, as aforesaid, patents Patents to is- shall issue for the same, in the manner they are issued for other land 8ue WJ sold by theUnited States: (&) Provided, hoivever, That nothing herein con- p r0 viso. tained shall be construed to affect or prejudice the rights of third per- sons to any such lot or lots, or to hold the United States to any warranty of title purporting to be conveyed by said patents. (a) See Nos. 95, 163, 186. (6) See Nos. 11, 16, 21, 25, 29, 30, 32, 36. 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 158, 175, 185. No. 156. AN ACT to compensate the township of Dublin, in Mercer County, Aug. 16, 1842. Ohio, for the loss of school lands. Vol. 6, p. 862. Be it enacted, $' c -> That all that 'tract of land in the State of Ohio, to ceded by Wyan- which the Indian title was extinguished by a treaty with the Wyandot dot treaty of i?th tribe of Indians, concluded at Upper Sandusky, March seventeenth, teched' ^district ei g nteen hundred and forty- two,(a) shall be attached to, and made in which situ- a part of, the consolidated land district in which it is situated; and ated. that the land office for the said district shall be removed from Lima Land office to to the town of Upper Sandusky, within the tract aforesaid, as soon as Uiroer &udu8kv in tne judgment of the President of the United States, such removal y ' shall be proper. (&) Part of the land SEC. 2. And be it further enacted, That a portion of the tract aforesaid, to be laid off, and including the town of Upper Saudusky, shall, under the direction of the residue surveyed, surveyor-general, be laid off into town lots, streets, and avenues, and into out-lots, in such manner and of such dimensions as he may judge proper : Provided, That the land so laid off shall not exceed in quantity six hundred and forty acres, nor the town lots a quarter of an acre each, nor the out-lots exceed the quantity of two acres each ; and the residue of the lands in the tract shall be surveyed as other public lands, in con- nection with the adjacent previous surveys, (c) All the lands, SEC. 3. And be itjurtlier enacted, That all the public land in said tract, except school w jt n the exception of the section numbered sixteen, in each township, olferedat ' public WQ i cn shall remain for the support of common schools,( 537. reorganize the General Land Office." - Beit enacted, fc., That literal exemplifications of any such records n which have been or may be granted in virtue of the provisions of the ecords to be a * seventh section of the act, approved on the fourth day of July, eighteen va iia as if the hundred and thirtv-six, entitled "An act to reorganize the General Land signatures had Office," shall be deemed and held to be of the same validity in all pro- been written in ceedings whether at law, or in equity, wherein such exemplifications are adduced in evidence, as if the names of the officers signing and countersigning the same, had been fully inserted in such record. SEC. 2. And le it further enacted, That exemplifications granted in Exemplifica- pursuance of the aforesaid section of the act aforesaid, of any warrant tions of warrants survey, assignment, and other evidences comprising the entire muni- falidity ments of title, whereon any patent has been based for lands granted by originals. the United States in the aforesaid Virginia military land district or else- wheue, shall be, and are hereby, declared and held as of equal validity with the original patent, warrant survey, assignment, or other evidence of title, on file in said office, (a) (a) See Nos. 1, 8, 22, 27, 32, 35. 45, 46. 51, 53, 64, 66, 82, 93, 98, 112. 119, 121, 128, 146, 154, 166, 172, 174, 177, 180, 183, 184, 187, 190. No. 160. AN ACT for the relief of John Miller. Mav 23, 1844. Be it enacted, fc., That the President of the United States be, and he Yo) - 6 P 909 - is hereby, authorized and requested to cause to be issued to John Mil- Land patent to ler, of Williams County, in the State of Ohio, a patent for the west half be issued, of the northwest quarter of section twenty-two, in township five north, range one east, containing eighty acres, without any further payment of money therefor by said Miller. No. 161. AN ACT for the relief of Abelard Guthrie. - j une 17 1344 i it enacted, ^c., That the entry made by Abelard Guthrie at the Vol. 6, p. 921. Lima land office, in the State of Ohio, on the twenty-first day of May, Land ~^t^- eighteen hundred and thirty-nine, of a tract of laud known and dis- confirmed, and tinguished on the plan of the surveys of the United States' public lands patent to 'issue, as the east half, and the northwest quarter of section thirteen, in town- ship three south of range five east, be and the same is hereby confirmed : and that the President of the United States be, and he is hereby, au- thorized to cause to be issued, on said entry, a patent for the same, to the said Abelard Guthrie, his heirs and assigns, as in other cases where a legal entry has been made. No. 162. AN ACT for the relief of Solomon Stnrges, assignee of Humphrey June 17, 1844. Rich creek. Vol. 6, p. 926. Be it enacted, $-c., That Solomon Sturges be, and he is hereby, author- Authorized to ized to enter one-half quarter-section of land of any of the public lands enter land, in lieu in the State of Ohio, subject to sale by private entry, in lieu of the of, &c. west half of the northwest quarter of section eight, in township five, of range seven, which was entered and paid for with military land scrip at the Zanesville land office, in the said State of Ohio, by Hum- phrey Richcreek, and transferred by him on the twenty-fifth day of April, one thousand eight hundred and thirty-two, the day on which said entry was made to the said Solomon Sturges : Provided, That the Proviso said Solomon Sturges shall relinquish to the United States all his right and claim to the land so entered, in such form as the Commissioner of the General Land Office may prescribe, and also to the military land- scrip with which said entry was made. 163, -AN" ACT to quiet the titles to certain lots of land in the towns of Perrys- burg and Croghansville, in the State of Ohio. Be it enacted, $c., That all titles to town lots and out-lots in the towns Feb. 20, 1845. Vol. 5, p. 724. of Perry sburg and Croghansville, in the State of Ohio, derived from the titles are con- said State under color of the grant made to said State by virtue of the firmed, act of Congress entitled "An act for laying out and making a road from the lower rapids of the Miami of Lake Erie to the western boundary of the Connecticut Western Reserve, in the State of Ohio, agreeably to 86 OHIO. the provisions of the treaty of Brownstown," approved the twenty- eighth of February, one thousand eight hundred and t wenty-three,(a) be r and the same are hereby, recognized as valid and confirmed, in the same manner as though the title to said lots had been vested in the State un- List of lots to der the aforesaid act : Provided, That the authorities of the said State be furnished to shall, within one year from end after the passage of this act, furnish General Land Of- the Commissioner of the General Land Office with a certified list of all lots heretofore sold and disposed of under color of the above recited Confirmations act: And provided, aho, That all the confirmations intended by this act only a relinquish- s ] ia ]j amO unt only to arelinquishment forever, on the part of the United oTt he United States, of all their right and title whatever to the lots of land so con- States, firmed: And provided, further, That nothing in this act contained shall Lands not com- be construed to comprehend within the provisions thereof such town prehended in this j otg an( i ou t-l o ts, or other tract or tracts of land, as may have been re- served, or directed to be reserved, within the limits of either of said towns of Perrysburg or Croghansville, for the supportof schools within the same, in and by the third section of the act entitled "An act pro- viding for the sale of the tract of land at the lower rapids of Sandusky River," or in and by any provision contained in the act entitled "'An act providing for the" sale of the tract of land at the British fort of the Miami of the Lake, at the foot of the rapids, and for other purposes." But all such town lots and out-lots, or other tract or tracts of land, reserved, or directed to be reserved, as aforesaid, shall be holdeii sub- ject to the uses and trusts in said acts, and in other acts relating to such Payments due reserves, designated or intended. But nothing contained in this act the United States shall prevent the original purchasers of the lots or lands within the and Ohio not af- ]i m it 8 of the said towns of Perrysburg and Croghansville, and not re- fected, linquished to the United States, from paying to the State of Ohio or the General Government for the use of said road or the United States the money with the interest remaining due thereon, on all such lots and lands as may not have heretofore been disposed of by the authorities of the said State for the benefit of said road, (ft) (a) See Xos. 53, 72, 97, 147. (b) See Xos. 95, 155, 186. Feb. 26 1845. No. 164. AX ACT vesting in the county commissioners of the county of Wyan- Vol' 6 p 936 dot the right to certain town lota and out-lots in the town of Upper Sandusky, in ' the State of Ohio. Right to lota Be it enacted, <)>., That the right to the one-third part of the unsold vested in the t O wn lots in the town of Upper Sandusky, by the act entitled "An act commissioners, providing for the gale of certain lands i n *the'States of Ohio and Mich- igan, ceded by the Wyandot tribe of Indians, and for other purposes," passed March third, one thousand eight hundred and forty-three, di- rected to belaid out and surveyed, and to one-third part of the out-lots of said town, be and hereby is, vested in the county commissioners of the county of Wyandot, in the said State of Ohio ; on condition, never- theless, that said commissioners, or other competent authorities of said State of Ohio, shall permanently locate and fix the seat of justice of the county at said town, and that the uett proceeds of the sales of said town and out lots be applied by said county commissioners, or other proper authorities, to the erection of public buildings, and the improve- ment of the public squares and public grounds in said town, (a) Lots to be se- SEC. 2. And be it further enacted, That the town lots and out-lots of lected, how. said town of Upper Sandusky, so to be granted and applied, shall be selected by alternate and progressive numbers, (every third town lot and every third out-lot, according to their numbers, respectively, being granted and applied as aforesaid) under the direction and subject to the Proviso control of the Secretary of the Treasury : Provided, That nothing here- in contained shall be so construed as to grant to and vest in said county commissioners any lot or lots heretofore appropriated to and used by the Indian agency at Upper Sandusky, and upon which there may remain any valuable'building, orchard, or other valuable improvement, belong- ing to the United States ; and if any such town lot or out-lot, so by its progressive numbers selected, should be found to comprise and include any such valuable building, orchard, or other valuable improvement, then the said Secretary of the Treasury is hereby authorized and di- rected to substitute some other lot or lots, of a fair and proportionate value, (a) See Xos. 104, 158, 175. OHIO. 87 No. 165 .AN ACT making appropriations for the civil and diplomatic expenses, &c. March 3, j t45. [Survey or- general's office to be removed to such place in the State of YoL 5 ' p - ' J ' 2 - Michigan as the President may direct. See MICHIGAN, No. 509.] No, 166. AN ACT further to extend the time for locating Virginia military land- J ul / Q 29 ' 184 & warrants, and returning surveys thereon to the General Land Office. Vo1 - 9 > P- 41 - Be it enacted, #c., That the act entitled "An act further to extend the Act of Aug. 19, time for locating Virginia military land-warrants, and returning sur- 1341, for locating veys thereon to the General Land Office," approved August nineteen, ^YaM warrants' eighteen hundred and forty-one, as to all warrants issued prior to the ^ c extended to tenth day of August, eighteen hundred and forty, and no others, be, and Jan. l, 1848. the same is hereby, revived and continued in force until the first day of January, eighteen hundred and forty-eight, (a) (a) See Nos. I, 8, 22, 27, 32, 35, 45, 46, 51, 58. 64, 66, 82, 93, 98, 112, 119, 121, 128. 146, 154, 159, 172, 174, 177, 180, 183, 184, 187, 190. No. 167. AN ACT authorizing the inhabitants of township one, of range thirteen j^jo- $ 1846 east, Seneca County, Ohio, to relinquish certain lands selected for schools, and to V to se- Erie, containing thirty-four acres and eighty -nine hundredths of an \f^ fa&wof acre, heretofore selected for them as school lauds, under the provisions of the act of twentieth May, eighteen hundred and twenty-six, enti- tled "An act to appropriate lands for the support of schools in certain townships and fractional townships, not heretofore provided for," the said school trustees be, and they are hereby, authorized to select and enter, free of cost, a quantity not exceeding five hundred and fourteen acres of the lands belonging to the United States, within the limits of the late Wyandott cession, or of any of the land districts in the State of Ohio, in tracts conforming to the subdivisions into which the lands shall be represented on the plats of survey : Provided, That the selec- Proviso tlons hereby authorized to be made shall not embrace lands upon which the assessed improvements of Indians have been made. SEC. 2. And be it further enacted, That, when the lands here author- - d , d to ized to be selected or entered shall have been approved by the Secre- be held for tary of the Treasury, they shall be held by the inhabitants of the town- schools, ship herein first designated, by the same tenure, and upon the same terms, for the support of schools in said township, as if they had been selected under the provisions of the before-recited act of twentieth May, eighteen hundred and twenty-six, (a) (a) See Nos. 28, 31, 45, 47, 76, 79, 85, 102, 109, 110, 136, 144, 150, 156, 158, 168, 179. No. 168. AN ACT authorizing the trustees of Tymochtee township, Wyandott Au S- 8 . 1846. County, Ohio, to select lands for schools within the Wyandott cession. v l- 9 . P- 675 - Be it enacted, <$-c., That the school trustees of township one south, of Trustees of Ty range fourteen east, in Wyandott County, Ohio, be, and hereby are, mochtee town- authorized to select and enter, free of cost, two hundred and twentv- s , hip : 9 0> , au : five acres of land, within the Wyandott cession, or of any other lauds, ffiffffoi Stools within the State of Ohio, belonging to the United States, in tracts con- in the Wyandott forming to the subdivisions into which the lands shall be represented cession, on the plots of survey : Provided, The selections hereby authorized to be Provi s- made shall not embrace lands upon which the assessed improvements of Indians have been made. SEC. 2. And be it further enacted, That, when the lands hereby author- TO be held as ized to be selected and entered shall have been approved by the Secre- if selected under tary of the Treasury, they shall be held by the inhabitants of the town- hool 1ao i aw of ship herein designated by the same tenure, and upon the same terms, y> for the support of schools in said township, as if they had been selected under the provisions of the general school law of the twentieth of May one thousand eight hundred and twenty-six, (a) (a) See Nos. 28, 31, 45, 47, 76, 79, 85, 102, 109, 110, 136, 144, 150, 156, 158, 167, 179. 88 OHIO. Jan 26 1847 ^* 169. AN ACT declaring the assent of Congress to certain States to impose a Vol.' 9 p. 118.' tax u P n a11 lanua hereafter sold by the United States therein, from and after the day of such sale. States may tax Be it enacted, $-c., That the assent of Congress is hereby given to the * rand | several States admitted into the Union prior to the twenty-fourth day ay of April, in the year of our Lord one thousand eight hundred and twenty, to impose a tax or taxes upon all lands hereafter sold by the United States, in said States, from and after the day of such sale : Provided, That the assent hereby given shall in no wise impair that provision of the compact with the said States which declares that all lands belong- ing to citizens of the United States residing without the said States shall never be taxed higher than lands belonging to persons residing therein, fa) (a) See No. 28. NOTE. This act applies to the States of Ohio, Louisiana, Indiana, Mississippi, Illi- nois, and Alabama. March 3, 1847. No. 170. JOINT RESOLUTION to prohibit the sale at private entry of certain Vol. 9, p. 208. lands in Cincinnati, Ohio. Sale of certain Be ** resolved, $-c., That the Secretary of the Treasury be, and he is lands in Cincin- hereby, directed to report to the next session of Congress all the facts nati, Ohi> P r - in relation to the title to the unsold parts, if any there be, of the re- Factl'to be re 8erve d fractional section number eleven, of fractional township number ported to Con- four, of fractional range number one, in J . C. Symme's purchase, State gress. of Ohio, together with the opinion of the A ttorney-General thereon, and that he suspend all further proceedings in relation thereto, until the end of the next session of Congress, (a) (a) See Nos. 4, 6, 16, 25, 30, 31, 32, 36, 133, 173, 181. March 3 1847 >o. 171. JOINT RESOLUTION for the relief of the children of Stephen Johnson, Vol. 9, p! 708. Register and Be it enacted, <$-c., That the Commissioner of the General Land Office receiver of land cause the register and receiver at Upper Sandusky, Ohio, to receive a office at Sandus- certificate of the heirs of Stephen Johnson, granted to them under " An Stiacate e grant a acfc for tbe relief of fclie neir ? [children] of Stephen Johnson, deceased," ed to heirs of approved July twentieth, eighteen hundred and forty, in payment for StephenJohnson; any half-section of land in the Wyandot reserve not otherwise appro- under the act of pr i a t e d : Provided, The minimum price of said half-section shall not ex- forhalf-section'S <*** two dollars and fif * cents P er acre - () the Wyandot re- (a) ^ Xos . 153a? 184a . SorVo. July 5, 1848. No. 172. AN ACT further to extend the time for locating Virginia military land- Vol. 9, p. 244. warrants, and returning surreys thereon to the General Land Office. ~Act further to Be it enacted, $c.\ That the act entitled " An act further to extend the extend the time time for locating Virginia military land-warrants, and returning sur- f or locating Vir- vey 8 thereon to the General Land Office," approved August nineteen, f an a d - warnvntJ eighteen hundred and forty-one, and as to all warrants issued prior to &c., revived and the tenth day of August, eighteen hundred and forty, and no others, be, continued i n and the same is hereby, revived and continued in force until the first force until Jan- fo y of January, eighteen hundred and fifty. JL to warrants ^EC. 2. And be it further enacted, That the same right and privilege is issued prior to hereby also extended for the same time to all such warrants as have August 10, 1840. issued subsequent to said tenth day of August, A. D. eighteen hundred Also as to sub- and forty . p rov ided, That before the location thereof, it shaft be shown withT proviso? 8 ' to the satisfaction of the Secretary of the Treasury that suet warrant was issued justly and legally, and that the person who received said warrant was legally entitled to the same, (a) (a) See Nos. 1, 8, 22. 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 174, 177, 180, 183, 184, 187, 190. OHIO. 89 No. 173. JOINT RESOLUTION granting to the Secretary of the Treasury further March 3, 1849. time to make the report concerning the sale and entry of certain lands in Cincin- Vol. 9, p. 419. nati. Resolved, fc., That the Secretary of the Treasury have until the next Jg session of Congress to make the report required of him by the joint f ary of resolution to prohibit the sale at private entry of certain lands in Cin- to make report cinnati, Ohio, approved March third, one thousand eight hundred and concerning sales forty-seven, (i) 11 *<*>. (a) See No. 170. No. 174. AN ACT further to extend the time for locating Virginia military land- Feb. 20, 1850. warrants, and returning surveys thereon to the General Land Office. Vol. 9, p. 421. Be it enacted, $c., That the act entitled " An act further to extend Time extended the time for locating Virginia military land-warrants, and returning f or locating cer- surveys thereon to the General Land Office," approved July fifth, tain Virginia mil- eighteen hundred and forty-eight, and as to all warrants issued prior itai T land-war- to the tenth day of August, eighteen hundred and forty, and no others, raQts ' &c - be, and the same is hereby, revived and continued in force until the first day of January, eighteen hundred and fifty-two. SEC. 2. And be it further enacted, That the same right and privilege is hereby also extended for the same time to all such warrants as have issued subsequent to said tenth day of -August, eighteen hundred and forty : Provided, That before the location thereof, it shall be shown to Proviso. the satisfaction of the Secretary of the Treasury, that such warrant was issued justly and legally, and that the person who received said warrant was legally entitled to the same, (a) (a) SeeNos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66/82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 177, 180, 183, 184, 187, 190. No. 175. AN ACT to amend an act entitled "An act providing for the sale of cer- July 12, 1852. tain lands in the States of Ohio and Michigan, ceded by the Wyandott tribe of In- Vol. 10, p. 15. dians, and for other purposes," approved on the third day of March, eighteen hnn- dred and forty-three. Be it enacted, $c., That so much of the fifth section of the act of which 18 ? 3 art of f c ) of this is amendatory, as declares that if, in offering at public sale any tract ' re of land ceded by tho Wyandotts under the treaty concluded with that tribe on the seventeenth March, eighteen hundredforty-two,(a) on which improvements exist, the real value of the same, according to the esti- mates of the superintendents, shall not be bidden, it shall be their duty to withdraw the tract from sale, and the tracts thus withdrawn from sale shall [again] be offered at public sale, due public notice first being given, be, and the same is hereby repealed ; and all such lands shall be exposed at public sale to the highest bidder, at such time and place as the Commissioner of the General Land Office may direct, subject to the minimum price per acre of two dollars and fifty cents. (&) (a) See Nos. 104, 158, 164. <6) See Nos. 11, 16, 21, 25, 29, 30, 32, 36. 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 185. No. 176. AN ACT in relation to a certain lot of land in the town of Gnadenhutten, j u i y 13 1852 in the State of Ohio. Vol. 10,'p. 15. Be it enacted, #c., That the lot of land in the town of Gnadenhutten -i Reservation of m the county of Tuscarawas, in the State of Ohio, heretofore reserved i an d^n Gnaden- under the act entitled "An act providing for the disposition of three hutten for a several tracts of land in Tuscarawas County, in the State of Ohio,' and market square, for other purposes," approved May twenty-sixth, one thousand eight maybe used for hundred and twenty-four, for the purpose of a market square, may be ot used, for any other public purpose, upon such terms as shall be pre- scribed by the Secretary of the Interior, in order to secure the rights of all parties interested therein, (a) y indorsement attested by two witnesses. In issuing such m o 6 r e than one scrip, the said Secretary is authorized, when there are more persons person interest- than one interested in the same warrant to issue to each person scrip ed, or where f or his or her portion of the warrant ; and where infants or feme coverts Ih6 f erne 6 Coverts' ma> ^ ^ e entitled to an y scrip, the guardian of the infant and the hus- r proviso. band of the feme covert may receive and sell or locate the same. Pro- rided, That no less than a legal subdivision shall be entered and paid for by the scrip issued in virtue of this act. This act to be SEC. 2. And be [it] further enacted, That this act shall be taken as a in full satisfac- full and final adjustment of all bounty-land claims to the officers and tion of Virginia soldiers, seamen and marines of the State of Virginia, for services in warrants 7 the war of the Revolution: Provided, That the State of Virginia shall Provided, she by a proper act of the legislature thereof relinquish all claim to the shall relinquish lands in the Virginia military land district in the State of Ohio, (a) all claims to her g EC 3 And i e it f ur tJ t r enacted, That in settling the claims of the in" Oh: \o ' V6 State of Ohio > under the acts of Marcn second, eighteen hundred and Settlement of twenty-seven, and May twenty- fourth, eighteen hundred and twenty- claim of Ohio for eight, granting lands to said State for canal purposes, the same princi- - and 1828 the act of Ma y. the ninth, eighteen hundred and forty-eight, entitled " " , canal lands un- p^ 8nall ^ e ac t e d upon as have been applied under the provisions of t . An act in addition to an act therein mentioned," for the settlement of the claims of the State cf Indiana, accruing under the said act of March the second, eighteen hundred and twenty-seven. (&) (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 123, 146, 154, 159, 166, 172, 174, 180. 183, 184, 187, 190. (b) See Kos. 117, 120, 134, 138, 145, 182, 245. Feb 14 1853 *" 178. AN ACT granting the right of way to the Saint Louis and Iron Mount- Vol/10, p. 754. ain Railroad Company, and for other purposes. Eightof way at SEC. 2. And ~be it further enacted, That the right of way be and the same Cleveland grant- j s hereby granted to the Cleveland and Pittsburgh Railroad Company, 5** t; he . Clf' and aWthe right of way to the Cleveland, Painesville, and Ashtabula bursh Railroad," Railroad Company across the hospital grounds, so called, belonging to and e to the Cleve- the United States, in the city of Cleveland, in the State of Ohio ; the land, Painesville vddth of each of said roads across said hospital grounds not to exceed RI 4 8htabula sixty feet where said roads are now respectively located : Provided, That Provisos said conveyances can, in the opinion of the Secretary of the Treasury, be made without detriment to the interests of the United States: And pro- vided further, That the said grant shall be and is hereby made subject to such conditions as the said Secretary of the Treasury shall impose on the said companies respectively, for the protection and security of the grounds from abrasions by the waters of Lake Erie : And provided further, That whenever the said roads shall be discontinued or abandoned, or the con- ditions of this grant shall be violated, all rights under this act shall ceatfe and determine. OHIO. 91 No. 179.-AN ACT for the relief of the civil township of Marion, in the county of Aug. 3, 1854. Mercer, Ohio. Vol. 10, p. 81 8. Be it enacted, 4-0., That the trustees of the civil township of Marion, Trustees of the in the county of Mercer, and State of Ohio, be, and they are hereby, township of Ma- authorized to select, out of the unsold lands of the United States, in gJJJJyJa to s ' e i ec t said State, one section of land for school purposes, in lieu of section a section in lieu sixteen, to which said township is entitled by acts of Congress; and of section six- when the said trustees shall have selected said section of land, they shall teen - notify the register of the land office of the district in which said lands lie, and the same shall be reserved for sale, and set apart for the use of schools in said township : Provided, That said selection and notification be made within twelve months from the passage of this act : And pro- vided further, That said selection shall be made of legal subdivisions of the public lands, and in quantities of not less than one hundred and sixty acres. SEC. 2. And be it further enacted, That the title to the said lands, when Title to and so selected and set apart, shall vest in the State of Ohio, for the use of disposition of the common schools in said township, and shall be subject to the same dis- |J. position and uses that the sections sixteen in said State have been made, by the various acts of Congress affecting the same, (a) (a) See Nos. 28, 31, 45, 47, 76, 79, 85, 102, 109, 110, 136, 144, 150, 156, 158, 167, 168. No. ISO. AN ACT allowing the further time of two years to those holding land D ec 19 1854. hy entries in the Virginia military district in Ohio, which were made prior to firs y o l. io,'p. 598. January, eighteen hundred and fifty-two, to have the same surveyed and patented Be it enacted, #c., That the officers and soldiers of the Virginia line, or continental establishment, their heirs or assigns, entitled to bounty making returns, lands, which have, prior to the first day of January, anno Domini, eight- een hundred and fifty-two, been entered within the tract reserved by Virginia, between the Little Miami and Sciota rivers, for satisfying the legal bounties to her officers and soldiers, upon continental establish- ment, shall be allowed the time of two years, from and after the passage of this act, to make and return their surveys and warrants, or certified copies of warrants, to the General Land Office, (a) (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 183, 184, 187, 190. No. 1 81 .AN ACT vesting the title of the United States to certain land in the city Dec. 29, 1 854. of Cincinnati. Vol. 10, p. 601. Be it enacted, #c., That the title and interest of the United States to Title of the the unsold land (if any there be) in fractional section number eleven, United States to in fractional township number four, in fractional range number one, u . ns ld land, sec- of John Cleve Symme's purchase of lands, within the now State of Ohio, fSnSfta jn be, and the same hereby is, vested in the corporate authorities of the or any improvements upon the land so valued shall not be considered, but the value of such a selection shall be estimated considering its nat- ural advantages of position, &c., and any increase of value from extrin- sic and general causes to the date aforesaid. SEC. 2. And be it further enacted, That when the value of such a selec- Court to add tion shall be so ascertained by the proof, and thereupon determined by interest, the court, which is hereby required, said court shall add interest upon the value so determined from February second, eighteen hundred and forty-one, and thereupon to ascertain and determine what amount of To decide on land scrip of the United States, as hereinafter provided, may be neces- amount of land sary to be issued to said heirs in compensation and satisfaction of the scrip to be issued amount so ascertained and determined by the court. And thereupon to heir8 - said court shall order the amount so ascertained to be issued. And the Secretary of the Interior of the United States shall, and he is hereby Secretary of authorized and required, upon the order aforesaid, and the surrender of ? nt ^ rior to , issi j e the land certificate now held by said heirs to the United States, to Stephen " John? cause to be issued to said heirs, to wit : To Stephen Johnston and ston, &c., Eliza his heirs and assigns, and to Eliza Winans and her heirs and as- Winans, &c. signs, in equal proportions, severally, land scrip of the United States to the amount ascertained and determined by the court as aforesaid, which scrip shall be receivable in payment for any lands of the United States subject to private entry, the minimum price of which does not exceed one dollar and twenty-five cents per acre for each acre mentioned in the certificates of scrip so issued ; and said land scrip, if offered, shall Scrip receiva- be receivable in payment of any lands of the United States the sale of JgJ which is authorized by law, the value of said scrip to be estimated at one dollar and twenty-five cents for each acre of land therein named. That is to say, scrip for eighty acres of land shall be deemed to be of the value of one hundred dollars, and shall be received as so much money when offered in payment of land worth more than one dollar and twenty- five cents per acre, and the same rule shall apply to the scrip issued for a greater or less number of acres ; and said land scrip shall, moreover, in^r^ement be assignable by endorsement, attested by two witnesses, and shall be Attested, issued in legal subdivisions in the following manner, to wit : For each Issued in legal section to be issued one certificate of t.crip for one hundred and sixty subdivisions. acres, four certificates for eighty acres each, and four certificates for forty acres each : Provided, That if there shall be any fraction less than Proviso, forty acres to make up the amount to be issued, the same shall be so issued: And provided, further, That when so issued and delivered shall , S ri P *. b . *" be in full satisfaction and adjustment of the claim aforesaid, (a) of the claim (a) See Nos. 153a, 171. No. 185. AN ACT in relation to islands in the Great Miami River. v?15 ~' S? 8 ' Be it enacted, $c., That in the case of such islands in the Great Miami _ River, in the State of Ohio, as are undisposed of, or any vacant public i a i andg i n the lands adjacent thereto, which are in the actual and exclusive occupancy Great Miami of any persons who have made improvements thereon, or of their heirs River, or assigns, such occupants thereof shall have the preference right to enter the same at two dollars and fifty cents per acre, on making proof of the facts to the satisfaction of the Commissioner of the General Land Office, and paying for the land within twelve months from the passage of this act, and patents shall issue for the tracts so entered as usual in entries of public lands, (a) (a) See Nos. 11, 16. 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76. 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 1J3, 126, 130, 132, 133, 145, 155, 158, 175. M OHIO. July 11 1870 Wo. 186. AX ACT relinquishing whatever title may remain in the United States Vol. 16, p. 230. to a certain parcel of ground in Fremont, Ohio, to the corporation of Fremont. Title of the Be it enacted, #c., That whatever title may remain in the United United States to States to a parcel of ground in the city of Fremont, (formerly Crog- certain land in hansville.) Ohio, laid out under the act of Congress of April twenty-six, Sauted to that ei g Qteen hundred and sixteen, which is not included in any of the lots, town. out-lots, streets, and avenues of the city, but lying between the lots, streets, and avenues, and the Sandusky River, as indicated on the offi- cial plat of the town of Croghansville, be, and the same is hereby, re- linquished to the corporation of Fremont, (a) (a) See Nos. 95, 155, 163. Feb. 18, 1871. No. 187. AN ACT to cede to the State of Ohio the unsold lands in the Virginia VoL 16, p. 416. military district in said State. Unsold lands Be it enacted, #c,, That the lands remaining unsurveyed and unsold in in the Virginia the Virginia military district in the State of Ohio be, and the same are in ' Chief cede^to herebv ceded tothe State of 9 hio > U P OD the -conditions following, to Oh io> ' wit : Any person who, at the time of the passage of this act, is a bona- Conditions. fide settler on any portion of said land may hold not exceeding one hundred and sixty acres so by him occupied by his pre-empting the same in such manner as the legislature of the State of Ohio may direct, (a) (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154 159, 166, 172, 174, 177, 180, 183, 184, 190. March 1, 1873. Vol. 17, p. 739. Preamble. No. 188.- AN ACT for the relief of Isabella Orange. Whereas, Isabella Orange, widow of John C. Orange, late a private, Company D, Seventh Regiment West Virginia Volunteers, purchased and came into possession of the southeast quarter of the southeast quar- ter of section thirty-five, township four, range six, in Monroe County, Ohio, believing she had received a good title for the same ; and whereas, she paid the purchase money for said lands out of the proceeds of her pension received on account of the death of her husband in the United States service, and she has made valuable improvements on said land ; and whereas, said land has never been sold or disposed of by the United States Government : Therefore, Patent for land Be it enacted, , 121, 198, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187. INDIANA. March 3, 1791. No. 191. AN ACT for granting lands to the inhabitants and settlers at Vincennes ToL 1, p. 221. and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions. Four hundred SECTION 1. Be it enacted, #c., That four hundred acres of laud be granted to & each S iven to each . f those persons, who in the year one thousand seven head of a family, hundred and eighty-three, were heads of families at Vincennes or in and ' the Illinois country, on the Mississippi, and who since that time have removed from one of the said places to the other. And the governor of the territory northwest of the Ohio is hereby directed, to cause the same to be laid out for them, at their own expense, either at Vincennea or in the Illinois country, as they shall severally elect. Also to those SEC. 2. And be it further enacted and declared, That the heads of farni- moved from sakl ^ es a ^ Vincennes or in the Illinois country in the year one thousand territory, if they seven hundred and eighty-three, who afterwards removed without the return within limits of the said territory, are notwithstanding, entitled to the dona- five years. tion of four hundred acres of land made by the resolve of Congress of the twenty-ninth of August, one thousand seven hundred and eighty- eight ; and the governor of the said territory, upon application to him for that purpose, is hereby directed to cause the same to be laid out for such heads of families or their heirs ; and shall also cause to be laid off and confirmed to such persons the several tracts of land which they may have possessed, and which before the year one thousand seven hundred and eighty-three may have been allotted to them according to the laws and usages of the government under which they had re- spectively settled: Provided nevertheless, That if such persons or their heirs do not return and occupy the said lands within five years, such lands shall be considered as forfeited to the United States, (a) Lands former- SEC. 3. And l)e it further enacted, That one hundred and fifty acres of land, ly possessed by heretofore in possession of the Piankeshaw Indians, and now under actual dians confi^rm^d im P rovement ' and constituting a part of the village of Vincennes, be to present pos- given to the persons who are severally in possession of the said land. sessors. SEC. 4. And be it further enacted, That where lands have been actually Improvers of improved and cultivated at Vincennes, or in the Illinois country, under imde^rasupposel a su PP se( l grant of the same, by any commandant or court claiming grant, to have authority to make such grant, the governor of the said territory be, their claims con- and he hereby is empowered to confirm to the persons who made such firmed. improvements, their heirs or assigns, the lands supposed to have been granted as aforesaid, or such parts thereof as he, in his discretion, may judge reasonable, not exceeding to any one person, four hundred acres. (6) Lands hereto- SEC. 5. And be it further enacted, That a tract of land, containing fore used as a about five thousand four hundred acres, which for many years ha* propriated there-" been fenced and used by the inhabitants of Vincennes as a common, to. also a tract of land including the villages of Cohosand Prairie du Pont, and heretofore used by the inhabitants of the said villages as a common, be, and the same are hereby appropriated to the use of the inhabitants of Vincennes and of the said villages respectively, to be used by them as a common, until otherwise disposed of by law. (c) Militia men SEC. 6. And be it further enacted, That the governor of the said terri- who have not tory be authorized to make a grant of land not exceeding one hundred nation of^'land acres to eacn person who hath not obtained any donation of land from to receive 100 the United States, and who, on the first day of August, one thousand acres. seven hundred and ninety, was enrolled in the militia at Viucennes or in the Illinois country, and has done militia duty, the said land to be Appropriation laid out at the expense of the grantees, and in such form and place as of a tract for the the said governor shall direct. Provided nevertheless, That no claim Kaskaskia In -founded upon purchase or otherwise, shall be admitted within a tract of land heretofore occupied by the Kaskaskia nation of Indians, and including their village, which is hereby appropriated to the use of the said Indians. * * * * * * * (a) See Nos. 205, 210, 211, 214, 308, 312, 313, 321. (b) See Nos. 196, 199, 200, 308, 312, 313. (c) See Nos. 227, 311. 96 INDIANA. 97 No. 192, AN ACT to repeal part of a resolution of Congress of the twenty-ninth Feb. 21, 1793. of August, one thousand seven hundred and eighty-eight, respecting the inhabitants Vol. 1, p. 318. of Post Saint Vincents. He it enacted, $-o., That so much of the resolution of Congress of the Inhabitants of twenty-ninth oi August, one thousand seven hundred and eighty-eight, r e uJved fronfeS as requires the French and Canadian inhabitants, and other settlers p ense of certain at Post Saint Vincents, to pay for the survey of the several tracts, surveys, which they rightfully claimed, and which had been allotted to them, according to the laws and usages of the government, under which they had settled, be, and hereby is repealed : And that such surveys thereof, as may have been made, be paid for by the United States, not exceed- ing the rates hitherto established by Congress for making surveys, (a) (a) See Nos. 196, 197. No. 193. AN ACT to divide the territory of the United States northwest of the May 7, 1800. Ohio, into two separate governments. Vol. 2, p. 58. SECTION 1. Be it enacted, #c., That from and after the fourth day of Boundary and July next, all that part of the territory of the United States northwest name of the new of the Ohio lliver, which lies to the westward of a line beginning at the territory. Ohio, opposite to the mouth of Kentucky River, and running thence to Fort Recovery, and thence north until it shall intersect the territorial line between the United States and Canada, shall, for the purposes of temporary government, constitute a separate territory, and be called the Indiana Territory, (a) SEC. 2. And be it further enacted, That there shall be established Form of gov- within the said territory a government in all respects similar to that p^ls of the provided by the ordinance of Congress, passed on the thirteenth day of inhabitants. July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States northwest of the river Ohio ; and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges and advantages granted and secured to the people by the said ordinance. (&) #..'# * # * * SEC. 5. And be it further enacted, That nothing in this act contained Construction of shall be construed so as in any manner to affect the government now in p^"^ S e go." force in the territory of the United States northwest of the Ohio River, ernment of the further than to prohibit the exercise thereof within the Indiana Terri- new territory, tory, from and after the aforesaid fourth day of July next : Provided, That whenever that part of the territory of the United States which Eventual lies to the eastward of a line beginning at the mouth of the Great Miami change of the River, and running thence due north to the territorial line between tho boundary. United States and Canada, shall be erected into an independent State, and admitted into the Union on an equal footing with the original States, thenceforth said line shall become and remain permanently the boundary line between such State and the Indiana Territory ; any thing in this act contained to the contrary notwithstanding. SEC. 6. And be it further enacted, That until it shall be otherwise or- Seats of the dered by the legislatures of the said Territories respectively, Chilicothe, two govern- on Scioto River, shall be the seat of the government of the territory of ments. the United States northwest of the Ohio River ; and that Saint Vin- cennes, on the W abash River, shall be the seat of the government for the Indiana Territory, (c) (a) See Nos. 203, 209, 246, 276. (6) See Nos. 215, 219. (c) See Nos. 206, 215, 230. No. 194. AN ACT to extend and continue in force the provisions of an act inti- May 1, 1802. tuled "An act giving a right of pre-emption to certain persons who have contracted Vol. 2, p. 179. with John Cleves Symmes or his associates, for lands lying between the Miami rivers, in the territory northwest of the Ohio, and for other purposes." * # # # * # * SEC. 6. And be it further enacted. That all the lands around Vincennes on How the lands the Wabash, in the Indiana Territory, the Indian title to which hath been SSto W ^SS extinguished, shall be surveyed and laid off in the manner prescribed Indian title re- by the third section of an act entitled "An act to amend an act entitled mains, are to be 'An act providing for the sales of the lands of the United States in the surveyed, &c. territory northwest of the Ohio} and above the mouth of Kentucky River,' " under directions from the Secretary of the Treasury, and by 7 L O VOL II 98 INDIANA. such person or persons as the President of the United States alone shall Limitation of appoint for that purpose : Provided, That the whole expense of survey- the expense for ing and marking the lines shall not exceed four dollars for every mile that object. that shall be actually run, surveyed, and marked. And two plats of the lands aforesaid shall be prepared by the person or persons who may survey the same, who shall also designate thereon the bounds of the lands of individuals held under reservations of the State of Virginia, or un- der the laws of the United States : one of the said plats shall be re- turned to the office of the Secretary of the Treasury, and the other shall be deposited with the secretary of the Indiana Territory, (a) **##*** (a) See Nos. 196, 197, 247, 26G, 317. March 3, 1803. No. 195. AN ACT concerning 'the salt springs on the waters of the Wabash Vol. 2, p. 235. . River. Salt works to ^ e ^ enacte ^ $ G -> That for the purpose of procuring articles necessary be established on to the establishment of saltworks, at the springs near the Wabash the Wabash River, which have been ceded to the United States, by certain Indian River. tribes, the sum of three thousand dollars be, and the same is hereby appropriated, to be paid out of any unappropriated money in the Treas- ury, and under the direction of the President of the United States, who is hereby authorized to cause the said springs to be worked at the ex- pense of the United States ; or, if he shall deem it more proper, to lease the same for a term not exceeding three years, on such conditions as will insure the working the same most extensively, and to the most advan- tage to the United States. () (a) See Nos. 196, 215, 216, 219. March 26, 1804. No. 196. AN ACT making provision for the disposal of the public lands in the Vol. 2, p. 277. Indiana Territory, and for other purposes. Powers of the ^ e ** enacted, $' c "> That the powers vested by law in the surveyor-gen- survey or-general eral, shall extend over all the public lands of the United States to which extended over all the Indian title has been or shall hereafter be extinguished, north of the lands of the the river Ohio, and east of tlie river Mississippi ; and it shall be the duty : s of the said surveyor-general to cause the said lands to be surveyed into uoj in or TD6 vjn'O, ,. , .1 ? t i - * i * i and east oi the townships, six miles square, and divided in the same manner and under Mississippi ; and the same regulations, and to do and perform all such other acts in rela- he 8 . ha 1 11 c.^ 118 tion to the said lands, as is provided by law in relation to the lands of Sto^townVhTps the United States, atuate northwest of the river Ohio and above the Expenses o f mouth of Kentucky River : Provided, That the whole expense of sur- surveying not to veying and marking the lines shall not exceed three dollars for every exceed three dol- m ile that shall be actually run, surveyed, and marked : And provided also, ^TrartsTlaimed Tnat 8ucn tracts of land as are lawfully claimed by individuals within to be laid out at the said boundaries, and the title whereto has been or shall be recog- the expense of nized by the United States, shall be laid out and surveyed at the ex- the claimant. pense of the parties respectively, in conformity with the true bound- aries of such tracts. And it shall also be the duty of the said surveyor- general to cause to be run, surveyed and marked such of the Indian boundary lines of the said lands, as have not yet been surveyed ; and Indian bound- with the approbation of the President of the United States to ascertain ary lines to be bv astronomical observations the positions of such places north of the river Ohio and east of the river Mississippi, as may be deemed neces- sary for the correctness of the surveys, and to be the most important points of the geography of the country, (a) Land offices es- SEC. 2. And be it further enacted, That for the disposal of the lands of the tablished at De- United States, north of the river Ohio and east of the river Mississippi, iQ the Indiana Territory, three land offices shall be established in the same, one at Detroit for the lands lying north of the State of Ohio to which the Indian title has been extinguished ; one at Vincennes for the lands to which the Indian title has been extinguished, and which are included within the boundaries fixed by the treaty lately held with the Indian tribes of the Wabash ; and one at Kaskaskia, for so much of the lands included within the boundaries fixed by th'e treaty of the thir- teenth of August, one thousand eight hundred and three, with the Kaa- kaskia tribe of Indians, as is not claimed by any other Indian tribe: INDIANA. 99 and fdb each of the said offices a register and a receiver of public monies Register and shall le appointed, who shall give security in the same manner, in the if c ce j n g p j)j- same sums, and whose compensation, emoluments and duties, and au- pointed for each thority, shall, in every respect, be the same in relation to the lands of them. Duties which shall be Disposed of at their offices, as are or may be by law pro- and emoluments vided, in relation to the registers and the receivers of public monies in ot ers - the several offices established for the disposal of the lands of the United States north of the river Ohio, and above the mouth of Kentucky Kiver. (&) SEC. 3. And be it further enacted, That every person claiming lands . Persons claim- within any of the three tracts of laud described in the preceding section, zl^bed i S tlf by virtue of any legal grant made by the French Government, prior to preceding sec- the treaty of Paris, of the tenth of February, one thousand seven hun- tions, under dred and sixty-three, or of any legal grant made by the British Govern- grants from the ment, subsequent to the said treaty, and prior to the treaty of peace be- or^United^State 11 tween the United States and Great Britain, of the third of September, governments to one thousand seven hundred and eighty-three, or of any resolution, or deliver to the reg- act of Congress, subsequent to the said treaty of peace, shall, on or be- ia ters of the laud fore the first day of January, one thousand eight hundred and five, de- 8 tJ liver to the register of the laud office, within whose district the land the lands are sit- may lie, a notice in writing, stating the nature and extent of his claims, uated, state- together with a plot of the tract or tracts claimed, and may also, on or ments of the es- bol'ore that day, deliver to the said register, for the purpose of being aSms recorded every grant, order of survey, deed, conveyance, or other writ- ten evidence of his claim; and the same shall be recorded by the said Which shall be register, in books to be kept for that purpose, on receiving from the recorded. parties at the rate of twelve and a half cents, for every hundred words i^ 6 ? 8 t j! eman ^~ contained in such written evidence of their claim ; and if such person a xegle^t^de- shall neglect to deliver such notice, in writing, of his claim, or to cause liver notice. to be recorded such written evidence of the same, all his right, so far as the same is derived from any resolution or act of Congress, shall become void, and forever be barred, (c) SEC. 4. And le it further enacted, That the register, and receiver of The registers public monies, of the three above-mentioned land offices, shall, for the Jj be .commission- lands respectively lying within their districts, be commissioners for the 8 pect?ve ^d/s- purpose of examining the claims of persons claiming lands by virtue of tricts. the preceding sections. Each of the said commissioners shall, previous to entering on the duties of his appointment, respectively, take and sub- scribe the following oath or affirmation, before some person qualified to administer the same: "I, do solemnly swear, (or affirm,) Oath of office. that I will impartially exercise and discharge the duties imposed upon me, as commissioner for examining the claims to land, by an act of Con- gress, intituled An act making provision for the disposal of the public lands in the Indiana Territory, and for other purposes." It shall be the duty of the said commissioners to meet at the places Their duties. where the said land offices are by this act established, respectively, on The commis- or before the first day of January, one thousand eight hundred and five ; jJtBSLJiJHE and each board shall, in their respective districts, have power to hear tricts and to de- in a summary manner all matters respecting such claims ; also to com- cide upon claims; pel the attendance of witnesses, to administer oaths, and examine wit- ^vested with nesses, and such other testimony as may be adduced, and to decide FCattendaSof thereon according to justice and equity, which decision shall be laid witnesses to ex- before Congress in the manner hereinafter directed, and be subject to amine them. their decision thereon. The said boards, respectively, shall have power To report their to appoint a clerk, whose duty it shall be to enter in a book to be kept proceedings to for that purpose, full and correct minutes of their proceedings and de- ^l^board to cisipns, together with the evidence on which such decisions are made ; have power to which books and papers, on the disolution of the boards, shall be de- appoint clerks. posited in the respective offices of the registers of the land offices ; and Duty of clerks. the said clerk shall prepare two transcripts of all the decisions made by pe ? k ul) on d the 3e said commissioners in favor of the claimants to land, both of which dissolution of the shall be signed by the said commissioners, and orife of which shall be board, to be transmitted to the survey or- general, and the other to the Secretary of lodged in the of- the Treasury ; and the lands, the claims to which shall have been thus fstlrsof the^anf - affirmed by the commissioners, shall not be otherwise disposed of, until offices. the decision of Congress thereupon shall have been made. It shall like- Clerks to pre- wise be the duty ot the said commissioners to make to the Secretary of p f re ., transcripts ., the Treasury a full report of all the claims filed with the register of the Jf the boS proper land office, as above directed, which they may have rejected> together with the substance of the evidence adduced in support thereof, 100 INDIANA. Commissioners and such remarks thereon as they may think proper : which imports, to make report to together with the transcripts of the decisions of the commissioners in the Treasury of favour of claimants, shall be laid by the Secretary of the Treasury be- the claims reject- fore Congress at their next ensuing session. Each of the commissioners ed by them, with and clerks aforesaid, shall be allowed a compensation ^)f five hundred ie substance of d o n ars in full for his services as such ; and each of the said clerks shall, duce'd 1 in their previous to his entering on the duties of his office, take and subscribe support. the following oath or affirmation, to wit : " I, do solemnly Secretary of swear, (or affirm,) that I will truly and faithfully discharge the duties the Treasury to of & c \ eT ^ to the board of commissioners for examining the claims to land, the transcripts of as enjoined by an act of Congress, intituled An act making provision claims admitted for the disposal of the public lands in the Indiana Territory, and for to Congress. other purposes." (d) to the^comS- SEC - 5 - And be li f urt1lr enacted, That all the lands aforesaid, not sioners andexcepted by virtue of the preceding section, shall, with the exception clerks. of the section "number sixteen," which shall be reserved in each to\vn- Omcial oath of 8 hip f or the support of schools within the same, with the exception also All the' lands of an en t ire township in each of the three above-described tracts of with certain ex- country or districts, to be located by. the Secretary of the Treasury, for ceptions to be the use of a seminary of learning, and with the exception also of the sold, on what sa i t 8 p r i n g 8 a nd land's reserved for the use of the same as hereinafter Sak sprint 1 " 6 ' directed, be offered for sale to the highest bidder, under the direction of the surveyor-general, or governor of the Indiana Territory, of the register of the land office, and of the receiver of public monies, at the places respectively, where the land offices are kept, and on such day or days as shall, by a public proclamation of the President of the United States, be designated for that purpose. The sales shall remain open at each place for three weeks and no longer : the lands shall not be sold for less than two dollars an acre, and shall in every other respect, be sold in tracts of the same size and on the same terms and conditions as have been or may be by law provided for the lands sold north of tho Lands remain- river Ohio, and above the mouth of Kentucky River. All lands other ing unsold after than the reserved sections and those excepted as above mentioned, re- e ed o al maining unsold at the closing of the public sales, may be disposed of private sale. at private sale, by the registers of the respective land offices, in the same manner, under the same regulations, for the same price, and on the same terms and conditions, as are or may be provided by law for the sale of the lands of the United States north of the river Ohio, and above the mouth of Kentucky River. And patents shall be obtained for all lands granted or sold in the Indiana Territory, in the same manner and on the same terms as is or may be provided by law for lands sold in the State of Ohio, and in the Mississippi Territory, (e) All the naviga- SEC. 6. Andbeitfurtherenactcd, That all the navigable rivers, creeks and the "ndiiuu To*" waters, within the Indiana Territory, shall be deemed to be and remain rijorytobepublic public highways; and the several salt springs in the said Territory, highways. together with as many contiguous sections to each, as shall be deemed s a 1 1 springs, necessary by the President of the United States, shall be reserved for the ^tions resided future disposal of the United States : and any grant which may here- for the disposal after be made for a tract of land, containing a salt spring which had of the United been discovered previous to the purchase of such tract from the United States. States, shall be considered as fraudulent and null. (/) ******* Commissions g ECt 16. And be it further enacted, That the President of the United to remain m force gt a t e s shall have full power to appoint and commission the several reg- next session of isters and receivers of public monies of the land offices established by Congress. this act, in the recess of Congress ; and their commissions shall continue in force until the end of the session of Congress next ensuing such ap- pointment. Per diem allow- SEC. 17. And be it further enacted, That the several superintendents of ance to superin- the public sales directed by this act, shall receive six dollars each, for les ' each day's attendance on the said sales. ******* (a) See Nos. 194, 197, 247, 266, 317. (6) See Xos. 207, 231, 237, 238, 247, 253, 256, 265, 297, 310, 312, 314, 316. (c) See Nos. 191, 199, 200, 308, 312, 313. (d) See Xos. 197, 199, 200, 205, 308, 312, 313. (e) See Xos. 197, 198, 200, 205, 207, 208, 218, 232, 237, 238, 317. (/) See Nos. 195, 215, 216, 219. INDIANA. 101 . 197. AN ACT supplementary to the act intituled "An act making provision March 3, 1805. the disposal of the public land's in the Indiana Territory, and for ox her pur- Vol. 2, p. 343. lie it enacted, $*c. , That the lands lately purchased from the Indian Landspurchas- tribes of the W abash, and lying between the rivers Wabash and Ohio, fd from the Wa- and the road leading from the falls of the river Ohio to Vincennes, shall JJJ 1 lvi ^ dia g|: be attached to, and made a part of the district of Vincennes, and be of- tween the Wa" fered for sale at that place, under the same regulations, at the same bash and Ohio, price, and on the same terms as other lands lying within the said dis- attached to the i j. ( fi\ district or Vin- SEC. 2. And be it further enacted, That such and so many of the tracts f ere d for sale, &c.j of land lying north and west of the Indian boundary, established by at Vincennes. the treaty of Greenville, which were ceded by that treaty to the United La ds Jyjng States, as the President of the United States shall direct, shall be sur- ^Sian" boundary veyed and subdivided in the same manner as the other public lands of by the treaty of the United States, and shall be offered for sale at Detroit, or at such of Greenville, shall the other land offices established by law in the State of Ohio, or in the J e surveyed, &c. Indiana Territory, as the President of the United States shall judge foj'gjjj! Tat e 5e- most expedient, under the same regulations, at the same price, and on troit. the same terms, as other lands lying within the same district. SEC. 3. And belt further enacted, That so much of the tract of land -Lands purchas- lately purchased from the Indian tribes known by the name of Sacs 1 Q a oxes at> and Foxes, as the President of the United States shall think expedient tached to the dis- and shall direct, shall be attached to and made a part of the district of trict of Kaskas- Kaskaskias, and shall be offered for sale at that place, under the same kias ' &c - regulations, at the same price, and on the same terms, as other lands lying within the said district. SEC. 4. And be it further enacted. That the lands lying within the dis- Lands in the tricts of Vincennes, Kaskaskias and Detroit which are claimed by virtue districts of Vin- of French or British grants, legally and fully executed, or by virtue of c en ne s , &c., grants issued under the authority of any former act of Congress, by FrenTh or British either of the governors of the Northwest or Indiana Territories, and grants, &c., &c., which had already been surveyed by a person authorized to execute shall 'be resur- such surveys, shall, whenever it shall be found necessary to resurvey v .v ed at the ex- the same for the purpose of ascertaining the adjacent vacant lands, t>e^ e ^g d states surveyed at the expense of the United States ; any act to the contrary notwithstanding. SEC. 5. And be it further enacted, That persons claiming lands in either claimants of of the said three districts, either under legal grants derived from the lands in the fore- French or British governments, or by virtue of actual possession and going districts, improvement, or for any other account whatever, may until the first day SJ 6 n tice j n of November next, give notice in writing to the register of the land of- Jesters of the fice of their claims, and have the evidence of the same recorded, in the land offices of manner and on payment of the fees provided by the act to which this their claims, &c. act is a supplement ; and the right of any person neglecting to give such notice in writing of his claim, and to have the evidence of the same recorded, shall become void and forever be barred. (6) The commissioners appointed for the purpose of examining the Powers, duties, claims of persons claiming lands in the said three districts, shall, in &c., of the coml their respective districts, have the same powers, and perform the same missioners. duties in relation to the claims thus filed, as if notice of the same had been given before the first day 'of January last ; and as was pro- vided by the act to which this act is a supplement, in relation to the claims therein described. It shall be the duty likewise of the clerk of each board to prepare two transcripts of all the decisions made by the said commissioners in favor of the claimants, and to transmit one to the surveyor-general and one to the Secretary of- the Treasury. t shall also be the duty of the said commissioners, respectively, to make to the Secretary of the Treasury a report of all the claims filed with the register of the land office, which they may have rejected, to- gether with the substance of the evidence adduced in support thereof, and such remarks thereon as they may think proper ; and they shall in relation to any such rejected claims which were founded on possession and actual settlement and improvement, particularly state the date of the improvement and the quantity, situation and boundaries of the land claimed. Those reports, together with the transcripts of the de- cisions of the commissioners, in favour of claimants, shall be laid by the Secretary of the Treasury before Congress at their next session ; and the lands, (he claims to which shall have been affirmed by the commie sioners, as well as those, the claims to which, though rejected by the commissioners, were derived from actual possession, improvement 102 INDIANA. Compensations of the commis- sioners, and eac and settlement, shall not be otherwise disposed of until the decision of Congress thereupon shall have been made. Each of the said commis- of the clerks of the respective boards, shall be al- sioners, clerks lowed an additional compensation of five hundred dollars, in full for fandonfces nis service s as such in relation to such claims; and each of the reg- isters of the land offices for the said three districts, shall be allowed a further sum of five hundred dollars, as a compensation in full for trans- lating and recording, or causing to be translated and recorded, grants, deeds or other evidences of claims in the French language, (c) SEC. 6. And be it further enacted, That the governor of the Michigan Territory shall act as one of the superintendents of the sales of public lands at Detroit, in lieu of the governor of the Indiana Territory. (a) See Xos. 196, 19?, 200, 205, 207, 208, 218, 232, 237, 238, 317. (6) See Nos. 191, 196, 199, 200, 308, 312, 313. (c) See Xos. 196, 199, 200, 205, 308, 312, 313. April 15, 1806. xo. 198. AX ACT to suspend the sale of certain lands in the State of Ohio and VoL 2, p. 378. the Indiana Territory. [See OHIO, Xo. 43.] A pi il 21. 1806. No. 199.--AX ACT respecting the claims to land in the Indiana Territory and State Vol. 2, p. 395. of Ohio. Registers and Be f enacted, <$~c., That the registers and receivers of public monies of receivers of pub- the districts of Yincennes and Kaskaskias, respectively, be, and they lie moneys inVin- are hereby authorized and empowered, under the direction of the Sec- kaskias^author^ retary of the Treasury, to lay out one or more tracts of laud, in their ized to lay out respective districts, for the purpose of locating therein, tracts of land one or more tracts granted by virtue of any legal French or British grants, or of any reso- lve districts pect ~ lution or ac* of Congress : Provided, That the tracts thus laid out shall Proviso. ' De > whenever practicable, adjoining the tracts, which, in conformity with former laws, had been laid out for similar purposes by the gov- ernors of the Northwest or Indiana Territories ; and the tracts thus laid out shall not be otherwise disposed of, unless by order of Congress, (a) Resolution war- ^EC. 2. And be it further enacted, That any person or persons entitled to rants not specific; grants of land by virtueof any former resolution or act of Congress, which how to be enter- are not specifically designated in the patents issued by the governors aforesaid, or which have not yet been located, shall have aright to locate the same in the tract or tracts, to be laid out in each district, respect- ively, by virtue of the preceding section, the priority of such locations shall be determined by lot in presence of the register of the land of- fice, with whom the location shall be entered : and the surveyor-gen- eral shall cause the same to be surveyed at the expense of the parties ; Provided, That all the lands thus located, shall, in each tract laid out for that purpose, be laid out in a body, without leaving any intervals of vacant land, and shall each be surveyed in the form of a square or of a parallelogram, the length of which shall not exceed three times its breadth. SEC. 3. And be it further enacted, That the registers and receivers receivers of pub- aforesaid, shall complete and transmit their reports to the Secretary of lie moneys to the Treasury, before the first day of December next. Each of the said to^h^SeCTetarv officers sha11 be a llow ed an additional compensation of five hundred of the Treasury ; dollars ; and each of the clerks of the respective boards shall be allowed by rvhat time, an additional compensation of two hundred and fifty dollars, in full for A dditional hj 8 services, as snch, in relation to such claims. thST SEC - f A . nd le it further enacted, That the register and receiver of pub- Kegisters and lie monies in the district of Cincinnati be, and they are hereby author- receivers of pub- ized to grant certificates of a right of pre-emption to any person residing lie moneys in Cin- on any reserved section (other than section Xo. 16) for the tract on cmmcates grS o f which he resides, on the applicant's producing satisfactory evidence pre-emption to that his claim was within the provisions of the seventh section of an act, residents. intituled "An act making provision for the disposal of the public lands,. Proviso. in the Indiana Territory, and for other purposes:" Provided, That the person shall exhibit the evidence of his clairv, and shall have paid at Jeast one-twentieth part of the purchase money, on or before the first Proviso. Registers and INDIANA. 103 day of August next : And provided also, That such certificates shall not Proviso. be granted for any lands previously granted or sold, or for a larger tract to beraStaft far than a quarter of a section, nor for any other tract than that on which lands previously he resides, and such laud shall be granted at the same price, and on the sold, &c. payments being made, as for other public lands sold at private sale, (a) See Nos..l91, 196, 197, 200, 205, 210, 211, 214, 308, 312, 313, 321. IVo. 200. A1S T ACT confirming claims to land in the district of Vincennes ; and for March 3, 1807. other purposes. Vol. 2, p. 446. lie it enacted, $-c, That all the decisions made by the commissioners Decisions of appointed for the purpose of examining the claims of persons claiming commissioners, lands in the district of Vincennes, in favour of such claimants as entered If ^gtervof the in the transcripts of decisions which havo been transmitted by the said Treasury, con- conmiissioners to the Secretary of the Treasury, according to law, be firmed. and the same are hereby confirmed, (a) SEC. 2. And l)e it further enacted, That the confirmations or grants of Confirmations land, made in the said district of Viucennes, by the governors 'of the J ?e governor Northwest and Indiana Territories, prior to the establishment of the and Indiana Ter- board of commissioners aforesaid, and in conformity with the act, inti- ritories, confirm- tuled "An act for granting lauds to the inhabitants and settlers at Vin- ed by Congress, cennes and the Illinois country, in the territory northwest of the Ohio, conditionally. and for confirming them in their possessions," be, and the same are hereby confirmed ; unless when actually rejected by the said commis- sioners j although the persons entitled to the land may not have given notice of their claim, as required by the several acts making provision for the disposal of the public lands in the Indiana Territory : Provided Iwwever, That no other claims shall be confirmed by virtue of this sec- Proviso. tion, than such as, having been entered on the territorial records, have, by the commissioners aforesaid, been inserted in their reports trans- mitted as aforesaid. (&) SEC. 3. And ~be it further enacted, That the several persons, or the legal Assurance of representatives of the several persons, to whom or to whose assigns the rtan several tracts of the tract of land near Vincennes, known by the name "Continuation. of the "Upper Prairie," have been heretofore confirmed, be and they are hereby respectively confirmed in their claims to the respective tracts also claimed by them, and in their actual possession, lying in that tract of land containing two hundred and forty- four acres, which is known by the name of " Continuation," and is situated between the boundaries of the tracts already confirmed, and the river Wabash. SEC. 4. And be it further enacted, That the several persons whose claims C 1 ai m s con- are confirmed by this act, and had not been actually located prior to J^ beeSered the establishment of the board of commissioners, be, and they are ^th the register hereby authorized to enter their locations with the register of the land of the land office office of Vincennes, on any part of the tracts set aside for that purpose, of Vincennes. by virtue of the act, intituled "An act respecting the claims to lands in the Indiana Territory, and State of Ohio," and in conformity with the provisions of that act : Provided, That such location shall be made prior Proviso. to the first day of July, one thousand eight hundred and eight ; and the right of any person who shall neglect to locate prior to that day, shall become void, and forever be barred. SEC. 5. And be it further enacted, That every person, or the legal rep- Persons whose resentative of every person, whose claim to attract of land is confirmed ?! under tMs by this act, and who had not previously obtained a patent for the same, act entitled to from the governor either of the territory northwest of the Ohio, or of patents, ) See Xos. 196, 207, 231, 237, 238, 247, 256, 265, 297, 310, 313, 314, 316. t/Y See Nos. 191, 200, 210, 211, 214, 308, 312, 313, 321. (d) See Nos. 196. 197, 199, 200, 308, 312, 313. 106 INDIANA. l-'eb. 25, 1811. No. 206. AN ACT providing for the sale of a tract of land lying in the State of Vol 6, p. 98. Tennessee, and a tract in the Indiana Territory. Conditions up- SEC. 2. And 1)e it further enacted, That the commissioners appointed for^h? ^erS? by au act of the le g islature of the Indiana Territory, to fix on a proper nent seat of Indi- site for the permanent seat of government for the said Territory, be, and ana government they are hereby authorized, and their successors in office, so soon as the may be obtained, surveys under the authority of the United States shall have been made of the lands which they shall select, and on producing a receipt from the receiver of public moneys, for at least one-twentieth part of the purchase money, to enter with the register of the land office for the district in which the land lies, any four quarter-sections of land adjoin- ing to each other, which have not been reserved by any former act of Congress, and which the said commissioners may select and fix on as a site for the permanent seat of government for the said Territory ; and payment shall be made therefor at the same price, and on the same terms and conditions, as are provided in respect to the other public lands sold at private sale in the same district; and on completing the payment of the purchase money, a patent shall be granted therefor, to the said commissioners and their successors in office in trust for the use of said Territory, for the purpose aforesaid, (a) (a) See Nos. 215, 230. Feb 21 1812 ^*- 207. AN ACT to establish a land district in the Illinois Territory, east of the Vol 2 t> 684 district of Kaskaskia, and to attach certain public lands to the district"of Jefferson- ville. Part of the SEC. 3. Andbe it further enacted, $-c., That so much of the lands attached lands attached to to the district of Vincennes, by virtue of the first section of an act, enti- " An act P rovidin g for the sale of certain lands in the Indiana Terri- t rv J aD( l f r other purposes," passed on the thirtieth day of April, one thousand eight hundred and ten, as lies east of the second principal meri- dian established by the surveyor-general, shall beattached to, and become a part of the district of Jefferson ville, and shall be offered at public sale at the land office for the said district, under the superintendence of the register and receiver of public monies for the said land office, and shall be sold in every other respect in the same manner, and on the same terms and conditions, as are provided by the above-mentioned act, ex- cept that the public sales for the said lands shall remain open only for six days, (a) (a) See Nos. 196, 205, 231, 237, 238, 247, 256, 265, 297, 310. April 23, 1812. No. 208. AN ACT giving further time to the purchasers of public lands, north- Yol.f . 2, p. 712. west of the river Ohio, to complete their payments. 1 [See OHIO, No. 56.] May 20, 1812. No. 2O9. AN ACT to authorize the President of the United States to ascertain Vol. 2, p. 741. and designate certain boundaries. [See OHIO, No. 57.] Feb. 13, 1813. No. 210. AN ACT confirming certain claims to lands in the district of Viucennes. Vol. 2,p. 800. j5 e n enacted^ c ^ That all the decisions of the register and receiver Certain decis- ^ public monies for the district of Vincennes, made in favour of per- ions of the regis- sons claiming donation lands in said district, as entered in a list of iver claims which in the opinion of the said register and receiver ought to ey8 be confirmed in pursuance of the act, entitled u An act providing for the sale of certain lands in the Indiana Territory, and for other purposes,' passed on the thirtieth day of April, one thousand eight hundred and ten, which list is a part of their report to the Secretary of the Treasury, bearing date of the twenty-seventh day of May, one thousand eight hundred and twelve, be, and the same are hereby confirmed, (a) ter and recei INDIANA. 107 sc. 2. And "be it further enacted, That the following persons whose Claims of cer- claims, according to the aforesaid report, are not embraced by the pro- S e ^ er8 visions of the above-recited act, but which nevertheless in the opinion of the register and receiver ought to be confirmed, shall be, and their claims are hereby confirmed respectively, to the following quantities of land, that is to say : the heirs of Francis Peltier, the heirs of Bernice Lefevre, and the "heirs of Jean Btt. Valecour, respectively, four hun- dred acres ; Rene Campeau, Francois Cardinal, the heirs of Joseph Pancake, the heirs of Jacob Ho well, the heirs of Alexander Wilson, the heirs of Daniel Sullivan, and the heirs of Jacob Tevebaugh, respect- ively, one hundred acres. SEC. 3. And be it further enacted,Tha,t the several persons whose claims Locations to be are confirmed by this act, are hereby authorized to enter their locations entered accord- with the register of the land office at Vincennes, on any part of the ing y< tract set apart for that purpose in said district, by virtue of the act, en- titled "An act respecting claims to lands in the Indiana Territory and State of Ohio," and in conformity to the provisions of that act : Pro- vided, That such locations shall be made prior to the first day of Octo- ber next ; and the right of any person who shall neglect to locate prior to that day shall become void and for ever be barred. SEC. 4. And le it further enacted, That every person, or the legal rep- Persons enti- resentative of every person, whose claim to a tract of land is confirmed ceive certificates by this act, shall, whenever his claim shall have been located and sur- authorizing the veyed, be entitled to receive from the register of the land office at Vin- granting of pat- cennes a certificate, stating that the claimant is entitled to receive a ents> patent for such tract of land by virtue of this act ; for which certificate the register shall receive one dollar; and which certificate shall entitle the party to a patent for the said tract of land, which shall issue like manner as is provided by law for the other lands of the Unitin States. ed (a) See Nos. 191, 200, 205, 211, 214, 308, 312, 313, 321. No. ail.AE" ACT giving further time to locate certain claims to lands, confirmed Dec. 26, 1814. by an act of Congress, entitled "An act confirming certain claims to lands in the Vol. 3, p. 163. district of Vincennes." Be it enacted, #c., That the several persons whose claims were con- Certain loca- firmed by the act of Congress, entitled "An act confirming certain ti n8 to be en- claims to lands in the district of Vincennes," approved the thirteenth day JlSsterof t of February, one thousand eight hundred and thirteen, and which have land office at Vin- not been located, are hereby authorized to enter their locations with cennes. the register of the land office at Vincennes, on any part of the tract set apart lor that purpose in said district, by virtue of an act, entitled "An act respecting claims to lands in the Indiana Territory and State of Ohio," and in conformity to the provisions of that act ; and shall be en- titled to receive their certificates and patents in the manner provided by the first-mentioned act ; Provided, That such locations shall be made Proviso - prior to the first day of July next, (a) (a) See No. 199. No. 212. AN ACT for the relief of Daniel Perine. Feb 24 Igl5 Be it enacted, #c., That the register and receiver of public moneys for Vol.' 6, p. 150. the district of Cincinnati, shall permit Daniel Perine of Indiana Terri- tory to enter and become the purchaser at private sale of the southeast enter certain quarter of section numbered twenty-five, of township numbered six, in lands, range numbered one, west, in the Cincinnati district : if, on due in- quiry, the said register and receiver shall be satisfied that the said quarter-section does not contain any salt spring or springs valuable for the purpose of making salt. And the said Daniel Perine shall be en- itled to a grant for the aforesaid quarter section on completing the payments therefor, on the terms and conditions provided for the sale of public land sold at private sale. 108 INDIANA. March 5 1816 ^ o< 213. AN ACT granting bounties in land and extra pay to certain Canadian Vol. 3, p. 256. volunteers. Donations tTo ^ e ** enacted, $*c., That all such .persons as had been citizens of the citizens of the United States anterior to the late war, and were at its commencement United States, in- inhabitants of the province of Canada, and who, during the said war, habitants of Can- j o j ue( j t jj e arm ies of the United States, as volunteers, and were slain, mencement C of died in service, or continued therein, till honorably discharged, shall be hostilities. who en titled to the folio wing quantities of land, respectively, viz: Eachcolonel suffered by tak- nine hundred and sixty acres ; each major to eight hundred acres ; each *?j? a ? a jj on T th x 6 captain six hundred and forty acres : each subaltern officer to four hun- side of the Unit- j *j j i L i ix> ed States in the dred and eighty acres ; each non-commissioned officer, musician, or pri- war. vate, to three hundred and twenty acres ; and the bounties aforesaid shall extend to the medical and other staff, who shall rank according to their pay. And it shall be lawful for the said persons to locate their claims in quarter- sections, upon any of the unappropriated lands of the United States, within the Indiana Territory, which shall have been surveyed prior to such location, with the exception of salt springs, and lead mines therein, and of the quantities of land adjacent thereto, which may be reserved for the use of the same, by the President of the United States, and the section number sixteen, in every township to be granted, to the inhabitants of such township, for the use of public schools ; which locations shall be subject to such regulations, as to priority of choice, and the manner of location, as the President of the United States shall prescribe, (a) Land warrants SEC. 2. And be it furthei" enacted, That the Secretary for the Depart- th b l i i >S tar of men * ^ War, for the time being, shall from time to time, under such War. rules and regulations as to evidence as the President of the United States shall prescribe, issue to every person coming within the descrip- tion aforesaid, a warrant for such quantity of land as he may be entitled to by virtue of the aforesaid provision ; and in case of the death of such person, then such warrant shall be issued to his widow, or if no widow, to his child or children. #*#*#*# (a) See Nos. 220, 234. April 16, 1816. No. 214. AN ACT for the relief of certain claimants to land in the district of Vol. 3, p. 285. Vincennes. Claims to lands Be it enacted, #c., That the several persons whose claims were con- in the district of firmed by the act of Congress, entitled "An act confirming certain claims flrrn^f^'ac^of ^ ^ an( ^ * n ^ e district of Vincennes, and for other purposes," approved March 3, 1807. the third day of March, one thousand eight hundred and seven ; and the act entitled "An act confirming certain claims to land in the district of Vincennes," approved the thirteenth day of February, one thousand eight hundred and thirteen, which having been located cannot be sur- veyed agreeably to law, or which having been located have, in the opinion of the register of the land office, for the said district, been re- moved by the surveys of prior locations, from the spot intended to be occupied, are hereby authorized to enter their locations with the regis- ter of the land office at Vincennes, on any part of the tract set apart for that purpose in the said district, by virtue of the act, entitled "An act respecting claims to lands in the Indiana Territory and State of Ohio," and in conformity to the provisions of this act. (a) (a) See Nos. 191, 196, 197, 199, 200, 205, 210, 211, 214, 308, 312, 313, 321 ! 1(51fi Jfo. 215. AN ACT to enable the people of the Indiana Territory to form a consti- , ICID. t u tion and State government, and for the admission of such State into the Union on v 01. 3, p. MV. an equal foodng with the or igi na i states. Inhabitants au- Be it enacted, #c., That the inhabitants of the Territory of Indiana be, thorized to form an( j t j ie y are DereD y authorized to form for themselves a constitution with XlTname and State government, and to assume such name as they shall deem as they please ; proper ; and the said State, when formed, shall be admitted into the to be ' admitted Union upon the same footing with the original States, in all respects into the Union. whatever . Limits SEC. 2. And be it further enacted, That the said State shall consist of all the territory included within the following boundaries, to wit : bounded on the east, by the meridian line which forms the western INDIANA. 109 boundary of the State of Ohio ; on the south, by the river Ohio, from the mouth of the Great Miami River, to the mouth of the river Wabash; on the west, by a line drawn along the middle of the Wabash, from its mouth to a point, where a due north line drawn from the town of Vin- ceuues, would last touch the northwestern shore of the said river ; and from thence by a due north line, until the same shall intersect an east and west line, 'drawn through a point ten miles north of the southern extreme of Lake Michigan ; on the north, by the said east and west line, until the same shall intersect the first-mentioned meridian line which forms the western boundary of the State of Ohio : Provided, That Proviso. the convention hereinafter provided for, when formed, shall ratify the boundaries aforesaid ; otherwise they shall be and remain as now pre- scribed by the ordinance for the government of the territory northwest of the river Ohio : Provided, also, That the said State shall have concur- rent jurisdiction on the river Wabash, with the State to be formed west thereof, so far as the said river shall form a common boundary to both.(a) # # * * # * * SEC. 6. And be it further enacted, That the following propositions be, Propositions on and the same are hereby offered to the convention of the said Territory ^ e . f p ^ t , f tn f e . f , f of Indiana, when formed, for their free acceptance or rejection, which, Sed to the con- , , , , ed to the con- if accepted by the convention, shall be obligatory upon the United vention of the States. Territory. Ifac- First. That the section numbered sixteen, in every township, and f.^ ed) to be ^ when such section has been sold, granted, or disposed of, other lands, understates * equivalent thereto, and most contiguous to the same, shall be granted Grant of land to the inhabitants of such township for the use of schools. (&) for schools. Second. That all salt springs within the said territory, and the land Salt springs. reserved for the use of the same, together with such other lands as may, by the President of the United States, be deemed necessary and proper for working the said salt springs, not exceeding, in the whole, the quan- tity contained in thirty-six entire sections, shall be granted to the said State, for the use of the people of the said State, the same to be used under such terms, conditions and regulations as the legislature of the said State shall direct : provided the said legislature shall never sell nor lease the same, for a longer period than ten years at any one time, (c) Third. That five per cent, of the net proceeds of the lands lying rive per cent. withiu the said Territory, and which shall be sold by Congress from and of the proceeds of after the first day of December next, after deducting all expenses inci- ^sirred for* dent to the same, shall be reserved for making public roads and canals, roat i s an a canals. of which three-fifths shall be applied to those objects within the said State, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said State under the direc- . tion of Congress, (d) Fourth. That one entire township, which shall be designated by the An additional President of the United States, in addition to the one heretofore re- sJSiJX r y of served for that purpose, shall be reserved for the use of a seminary of learning. ' learning, and vested in the legislature of the said State, to be appro- priated solely to the use of such seminary by the said legislature, (e) Fifth. That four sections of land be, and the same are hereby granted Fo ur section* to the said State, for the purpose of fixing their seat of government government? thereon, which four sections shall, under the direction of the legislature of said State, be located at any time, in such township and range, as the legislature aforesaid may select, on such lands as may hereafter be ac- quired by the United States, from the Indian tribes within the said Terri- p r0 viso. tory: (/) Pravided,Th&t such locations shall be made prior to the public sale of'the lands of the United States, surrounding such location : And Proviso. provided always, That the five foregoing provisions, herein offered, are on the conditions that the convention of the said State shall provide by an ordinance irrevocable, without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of December next, shall be and remain exempt from any tax, laid by order or under any authority of the State, whether for Sta te, county, or township, or any other purpose whatever, for the term of five years, from and after the day of sale, (g) (a) See Nos. 193, 219. (6) See Nos. 196, 205, 236. 249, 261, 278, 290, 315. (c) See Kos. 195, 196, 216. (d) See No. 225. (e) See Nos. 196, 217, 305, 307. (/) See Nos. 206, 230. (g) See No. 169. 110 INDIANA. April 24 1616. ^ 216. AX ACT authorizing the President of the United States to lease the VoL 3, p.' 296. saline near the TVabash River, for a term not exceeding seven years. The President Be il * wfl cta?, $c>> That the President of the United States be, and he authorized t o is hereby authorized to lease the United States' saline, near the Wabash lease the United River, for a term not exceeding seven years, from and after the end of States saline. tne present term, on such conditions as will ensure the working the same most extensively and most advantageously to the United States, (a) (a) See Xos. 195, 196, 215. April 27, 1816. Xo. 217. AX ACT confirming the titles of certain purchasers of land who pur- Vol. 6, p. 171. chased from the board of trustees of the Vincennes University. Title to a tract ^ lt enactea > $* c -> Tnat tne several persons who purchased land in of land confirm- township numbered two, south of range numbered eleven west, in the ed. district of Yincennes, from the board of trustees for the Vincennes University, which was incorporated by an act of the legislature of the Indiana Territory, entitled "An act to incorporate a university in the Indiana Territory," passed the twenty-ninth day of November, one thousand eight hundred and six, be, and they are hereby, confirmed in their titles in fee-simple, respectively, (a) (a) See Xos. 196, 215, 305, 307. April ! Vol. 3, 27, 1816. Xo. 218. AX ACT to authorize the sale of lands forfeited to the United States, in P- 317. the district of Jeffersonville, at the land office in said district. Sale of lands in Be *' enacted, #c., That the register and receiver of the land office for the district of the district of Jeffersonville be, and they are hereby authorized to ex- Jefferson ville. pose to public sale, to the highest bidder, at the land office aforesaid, any tract or tracts of land which may hereafter become forfeited to the United States for non-payment, under such terms and conditions as are, or may be, prescribed by law. SEC. 2. And be it further enacted, That so much of any former act of Congress as requires the register and receiver of the district aforesaid, to expose to public sale, at the court-house of the county in which the said land office is established, any tract or tracts of land which may become forfeited to the United States for non-payment, be, and the same is hereby repealed, (a) (a) See Xos. 196, 197, 198, 200, 205, 207, 208, 232, 237, 238, 317. Dec. 11, 1816. 3fo. 219. RESOLUTIOX for admitting the State of Indiana into the Union. VoL 3, p. 399. Whereas in pursuance of an act of Congress, passed on the nineteenth Indiana admit- day of April, one thousand eight hundred and sixteen, entitled "An act ted into theUnion to enable the people of Indiana Territory to form a constitution and as a State. State government, and for the admission of that State into the Union," the people of the said Territory did, on the twenty-ninth day of June, in the present year, by a convention called for that purpose, form for themselves a constitution and State government, which constitution and State government, so formed, is republican, and in conformity with the principles of the articles of compact between the original States and the people and States in the territory northwest of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and eighty- seven. Resolved, $-c., That the State of Indiana shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever, (a) (a) See Xos. 193, 215. March 3, 1*17. Xo. 220. AX ACT to amend the act, entitled "An act granting bounties in land VoL 3, p. 393. and extra pay to certain Canadian volunteers," passed the fifth of March, one thou- - sand eight hundred and sixteen. iths' j; e n enacted, <$-c., That from and after the passing of this act, no "; bounty in land shall be given to any Canadian volunteer, except where Six months' service, ter-roll, a condi- it shall appear that the full term of six months' service shall have been tion of bounty, performed in some corps in the United States service, and whose name Proviso. shall appear upon the muster-rolls of such corps : Provided, That where it shall appear that the said term of service had not been performed by INDIANA. Ill reason of wounds received in battle, or other disabilities, occasioned by the performance of his duty while in such corps, such claimant shall be considered as having performed the full term of service for which he had engaged. SEC. '2. And be it further enacted, Th&t all warrants issued in pursu- Warrants to be ance of the act, entitled "An act granting bounties in land and extra Jjg pay to certain Canadian volunteers," and which have not been located, gale and those which shall be issued in pursuance of this act, shall be lo- cated on such lands as have been offered at public sale according to law, and no other. SEC. 3. And be it further enacted, That instead of the bounty given Kates of land in the act hereby amended, the following rates shall be given : For a j^/ 1 " colonel, four hundred and eighty acres ; for a major, four hundred and eighty acres ; for a captain, three hundred and twenty acres ; for a sub- altern, three hundred and twenty acres; to a non-commissioned officer, musician, or private, one hundred and sixty acres ; and to the medical and other staff, in proportion to their pay. SEC. 4. And be it further enacted, That all such parts of the act hereby Contrary pro- auiended, as shall be inconsistent with, or contravene, the provisions of visions/)! : former this act, are hereby repealed. act re P ealed - SEC. 5. And be it further enacted, That this act, together with the act This and for- hereby amended, shall continue, and be in force, for the term of one mer act *** force year, and no longer, (a) >r a year ' (a) See. Nos. 213, 234. No. 221. AN ACT for the relief of Samuel Aikman. Jan. 14, 1818. Be it enacted, #c., That the register and receiver of public moneys of Vol. 6, p. 197. the land office for the district of Vincennes, on satisfactory evidence Allowed to rec- being produced to them that James Aikman, who entered at the said tify mistake in office the northwest quarter of section thirty four, in township two an en try made by north, and range seven west, had made application for the purchase of <> ames Aikman, the said quarter- section through mistake, intending at that time to have applied for the northwest quarter-section thirty-five, in the same township and range, and that the occasion of the mistake in his appli- cation was the erroneous numbers marked at the corner of the aforesaid section on surveying the said lands, shall permit Samuel Aikman, the assignee of James Aikman, to withdraw the aforesaid entry, and, in lieu thereof, to enter the last-mentioned quarter-section, if the same shall at that time remain unsold ; and the receiver of public moneys shall allow the said Samuel Aikman a credit on the said entry, or, in case of the previous sale of the land, on any other entry which he shall make of land within the said district, equal in amount to the moneys paid on the first-mentioned quarter-section : Provided, That no credit for the moneys Proviso, paid as aforesaid shall be allowed, until the said Samuel Aikman shall have returned the patent to him granted for the first-mentioned quarter- section to the said register, who shall transmit it to the General Land Office, where the same shall be cancelled. Jfo. 222. AN ACT for the relief of Joel Earwood. Jan. 22, 1818. Be it enacted, $c., That the receiver of public moneys for the district Yo1 - 6 < P- m of lands offered for sale at Jeffersonville be, and he is hereby, author- Allowed to ized and required to permit Joel Earwood to transfer, to any entry of transfer moneys lands he may make in said district, any moneys he may have paid into t an y entry of said office, on the northeast quarter of section numbered twenty-one, of ' &c< township six, and range nine east, in said district ; and the register of the said land office shall permit the said Earwood to withdraw his entry for the quarter-section aforesaid. No. 223. AN ACT to authorize certain purchasers of public land to withdraw March 9, 1818. their entries and transfer the moneys paid thereon. Vol. 6, p. 200. Be it enacted, fr m the ters of section four, township four south, range one east; John Bones, for the northwest quarter of section thirty- four, township three south, range one east ; Gory Jones, for the southeast quarter of section four, 112 INDIANA. township four south, range one east ; Abraham Van Winkell, for the northwest quarter of section three, township four south, range one east : and Joseph Tibbs, for the northeast quarter of section twenty-eight. Receiver to al- township three south, range one east. And the receiver of public other lands &c mone y 8 for tne 8aid district shall be authorized to allow to any of the said persons, who shall withdraw his entry as aforesaid, a credit, on any purchase he shall or may have made of other public lands in the same district, for the moneys paid on the entry by him withdrawn : Proi-ided, Proviso. That the said entries shall not be withdrawn until it shall be made appear, to the satisfaction of the register and receiver of public moneys for the said district, that the said entries, or either of them, were made in mistake, in consequence of the erroneous marks of the surveyor : and in case of patents having been granted, the same shall be returned to the register, and, by him, to the General Land Office, and shall be there cancelled. March 18, 1818. So. 224. AN ACT providing for the sale of certain lands in the district of Man- VoL 3, p: 409. ' etta, and for the location of claims and sale of certain lands in the district of Vin- cennes. [See OHIO, No. 81.] April 11, 1818. No. 225. AN ACT to provide for paying to the State of Indiana three per cent j VoL 3, p. 424. of the net proceeds arising from the sales of the United States lands -within the - same. of T the | ecretary ^ it enacted fc., That the Secretary of the Treasury shall, from time from time SUr to t time, and whenever the quarterly accounts of public moneys of the time, to pay 3 several land offices shall be settled* pay three per cent, of the net pro- per cent, of the ceeds of the lands of the United States, lying within the State of In- publi^lands in d ^ ana > which, since the first day of December, one thousand eight hun- Indiana, to per- dred and sixteen, have been, or heraf ter may be, sold by the United sons authorized States, after deducting all expenses incidental to the same", to such per- by the legisla- 8O n or persons as may be authorized by the legislature of the said State toreceive it 6 f receive tne same > which sums, thus paid, shall be applied to inak- The sums to i Q g public roads and canals within the said State, in conformity to the be applied to provision on the subject, contained in the act, entitled "An act to en- making public a ble the people of the Indiana Territory to form a constitution and a 1 An' annual ac- State government, and for the admission of such State into the Union,, count of the ap- on an equal footing with the original States," and to no other purpose plication of the whatever ; and an annual account of the application of the same shall m th y J? e t ent be transmitted to the Secretary of the Treasury, by such officer of the of the Trealur?, State as tne legislature thereof shall direct ; and in default of such re- &c. ' turn being njade, the Secretary of the Treasury is hereby required to- withhold the payment of any sum that may then be due, or which may thereafter become due, until a return shall be made, as herein required, (a) (a) See No. 215. April 20, 1818. Xo. 226. AN ACT for the relief John Seybold. VoL 6, p. 211. Be u enacted) ^ That Jolm Seybold be permitted to withdraw his Permitted to entry with the register of the land office for the district of Vincennes, withdraw his en- for the purchase of the southwest quarter of section number twenty- try with the reg- fi VCj j n township number one north, of range number two west. And offiro rt TOwen- the receiver of public moneys for the said district shall be authorized nes, &c. to allow the said Seybold a credit on any purchase he shall or may have made of other public lands in the same district for the money paid on the entry by him withdrawn. April 20, 1818. Xo. 227. AN ACT to adjust the claims to lots in the town of Vincennes, and for Tol. 3, p. 468. the sale of the land appropriated as a common for the use of the inhabitants of the said town. ncena Be lt enacted, fc., That the trustees of the town of Vincennes shall thorized to ad- have power and they are hereby authorized to examine and adjust all inst claims to claims to lots in the town of Vincennes ; and if, upon an accurate sur- lots in that town. vev> j^ 8 ij a ii De found that there are lots within the precincts of the town to which no individual claims can be substantiated, the same are hereby granted to the inhabitants thereof, to be sold by the trustees, and the money arising from the sale to be applied to such public pur- INDIANA. 113 poses as may be agreed upon by a majority of the citizens. And the if lots are said trustees are hereby empowered, in all cases, when they shall con- " jJSS? to firm claims to lots, to give deeds to the claimants for the same. which individual SEC. 2. And le it further enacted, That the trustees of the town of claims cannot be Vincennes shall have of a tract of land which, by the fifth lands to the inhabitants and settlers at Vincennes and the Illinois coun- sold, &c. try, in the territory northwest of the Ohio, and for confirming them in The trustees their possessions," passed on the third day of March, one thousand ISpoae of a tract seven hundred and ninety-one, was appropriated as a common, to the O f land, which, use of the inhabitants of the said town : the said tract shall be divided by act of March into lots, as the trustees shall direct, of not more than fifty nor less than 3a . 17 . 9l t 'T a ^ ap ' the quantity of five acres, and shall be sold in the manner, and on the common, terms, which may by them be deemed most expedient and advantageous. The tract to be They shall also have power to convey, by complete title, the lots sold divided into lots to the purchasers ; and the proceeds of the lands so disposed of, or so ^p^jbft, be much thereof as may be necessary for the purpose, shall be applied, un- applied to the der the direction of the said trustees, to the draining of a pond in the draining of a vicinity of the town ; and the residue of the money arising from the pond, said sales, if any there be, shall be paid ovr to the trustees of the ceJnes TJniTer- Vincennes University, and shall, by them, be applied to the benefit of 8 ity. the said university. SEC. 3. And ~be it further enacted, That the said trustees, when they Trustees to re- shall have performed the duties assigned to them under this act, shall P rt to Congress. make a report thereof to Congress, (a) (a) See Nos. 191, 200. No. 228. AN ACT for the relief of William Barton. Dec. 28, 1818. it enacted, #c., That the register and receiver of the land office at Vol - 6 P- 216 -. ncennes be, and they are hereby, authorized to permit William Barton Entry of land to withdraw his entry of the northeast quarter of section three, in mav ^ e w ith- township six, south of range twelve west, in said district, and to place JUJJts ' transfer" the moneys by him paid on said entry, to his credit, on any purchase of red. public lands he may have made, or shall make, in the said district : Provided, It shall appear to the satisfaction of the said register and re- Provi80 - ceiver, that the numbers on the corner designating the northeast quarter of section thirty- one, in township six, south of range twelve west, in said district, were so defaced, or imperfectly made, as to have caused a mistake in his aforesaid entry. No. 229. AN ACT for the relief of Henry Batman. March 3, 1819. Be it macted, #c., That a patent shall be granted to Henry Batman, VoL6 'P- 230 - for the northeast quarter of section thirty, of township four south, and A patent for a range six east, of the second principal meridian, in the Jeffersonville ract of J. an , d J district, on the final settlement certificate which has been returned to {Jim grM the General Land Office, for the payment of the principal of the pur- chase money on the said quarter-section of land. No. 230. AN ACT respecting the location of certain sections of lands to be granted March 3, 1819. for the seat of government in the State of Indiana. ' v "^ **' P- 516. Be it enacted, fc., That instead of four sections, provided to be located "instead of four under the direction of the legislature of the State of Indiana, and to sections, &c., any be granted for the purpose of fixing thereon the seat of government contiguous quar- for that State, it shall be lawful to locate, for that purpos?, under the fiJ*&" l 5S lirection of the legislature aforesaid, any contiguous quarter-sections, be located under fractions, or parts of sections, not to exceed, in the whole, the quantity direction of the contained in four entire sections: such locations shall be made before legislature, the commencement of the public sales of the adjoining and surround- ing lands, belonging to the United States, (a) (a) See Nos. 206, 215. 8 L O VOL II 114 INDIANA. March 3, 1819. No. 231. AN ACT to designate boundaries of districts, and establish land offices VoL 3, p. 521. for the disposal of the public lands not heretofore offered for sale in the States of Ohio and Indiana. \_See OHIO, No. 85.] April 24, 1820. Xo. 232. AX ACT making further provision for the sale of the public lands YOL3 ' P - 566 - USee OHIO, No. 88.] May 12, 1820. Hfo. 233. AN ACT giving the right of pre-emption to James Shields. VoL 6, p. 249. Be it Carted, #c., That James Shields be, and he is hereby, entitled to Entitled to a a preference in becoming the purchaser, at private sale, of fractional preference in the section numbered eighteen, in township numbered six, north of range EraSional ^ec* numbere<1 six > ea f* of tne second principal meridian, within the limits tion, &c. of tne Jefferson ville district; at the same price, and on the same terms and conditions, as are provided by law for the other public lands in the said district at private sale. March 3, 1821. Xo. 234. AN ACT to regulate the location of land warrants, and the issuing of Vol. 3, p. 641. patents, in certain cases. Assignees of -Be it enacted, c., That the holders, by assignment, of warrants issued warrants issued under the acts of Congress, of the fifth- of March, eighteen hundred to Canadian vol- and sixteen, the third of March eighteen hundred and seventeen, to c Canadian volunteers, may be, and hereby are, authorized to locate the said warrants, and to receive patents therefor in their own names, as had been the practice before the twenty-sixth of December, eighteen Proviso. hundred and nineteen : Provided, however, That in no case shall lands be so located, until, after having been exposed to public sale, shall re- main unsold, (a) (a) Se Nos. 213, 220. May 7, 1822. ^ 235. AN ACT granting a tract of land to "William Conner and wife and to Vol. 6, p. 270*. their children. Emoowe d . Be it enacted, $c., That William Conner be, and he is hereby, author- enter without '' zed and empowered to enter, with the register of the land office at payment, 640 Brookville, without payment, six hundred and forty acres of land, to acres, to include include his improvements, at a place called the Delaware Towns, in the ments lmpr Ve "^ tateof Indiana, which shall be bounded by sectional and divisional Patentto issue. li De8 J and a patent shall issue for the same to the said William Conner ' and his wife, an Indian woman of the Delaware tribe, for and during the natural lives of the said William Conner and wife, jointly, and to the survivor of them during the natural life of such survivor, and to their children and legal representatives of any deceased child or chil- dren, as tenants in common, the representatives of any deceased child taking, together, such portion of the land as such child would have been entitled to if he or she had survived the said William Conner and his said wife, and the said land to be vested in the said children and their lawful heirs in fee-simple. May 7 1822 Xo 236. AN ACT authorizing the location of certain school lands in the State of Vot.Vp.686. Indiana. ; Be it enacted, $c., That the register of the land office at Brookville be, BrookvTli^^au- an< ^ ne * 8 hereby, authorized to select school lands within the said dis- thorized to select trie t, equivalent to the one thirty-sixth part of the reservation corn- school lands, &c. monly called Clark's Grant, for the use of schools within the same ; and The register at the register of the land office at Terre Haute is hereby in like manner Terre Haute au- authorized to select within his district school lands, which, together thorized to select with tne e i even sections already selected, shall be equivalent to the one thirty-sixth part of the Vincennes donation tract, for the use of in their gl selec- schools within said tract, It shall be the duty of the registers afore- tions, to be con- said, in making such selections, to be confined to section numbered fined to section twenty, in each township, and the selection so made shall be reserved No - ^ from sale, (a) (a) See Nos. 196, 205, 215, 249, 261, 278, 290, 315. INDIANA. 115 Jio. 237. AJST ACT to designate the boundaries of a land district, and for the es- May 8, 1822. tablishment of a land office, in the State of Indiana. Vol. 3, p. 701. Be it enacted, #c., That, for the sale of the unappropriated public lands A district and in the State of Indiana, to which the Indian title is extinguished, the land office for the following district shall be formed, and a land office established : All the sale of unappro- public lands as aforesaid, to which the Indian title was extinguished by { ands in i n iana the treaties concluded at St. Mary's in the month of October, eighteen & c . hundred and eighteen, lying east of the range line separating the first Boundaries of and second ranges east of the second principal meridian, extended north the dl stnct. to the present Indian boundary and north of a line to be run separating the tiers of townships numbered twenty and twenty-one, commencing on the old Indian boundary, in range thirteen east of the said principal meridian, in Randolph County, and the said district to be bounded on the east by the line dividing the States of Ohio and Indiana, shall form ^ land officeat a district, for which a land office shall be established at Fort Wayne, (a) -p OT ^ \v a y ne . SEC. 2. And 1)6 it further enacted, That the President is hereby author- The President ized to appoint, by and with the advice and consent of the Senate, for to appoint a reg- the aforesaid district, a register of the land office and a receiver of public ^ h e e r n an sufficient moneys ; which appointments shall not be made for the aforesaid land quantity of pub- district until a sufficient quantity of public lands shall have been sur- lie land shall veyed within the said district as to authorize, in the opinion of the have been sur- President, a public sale of land within the same ; which register of the ve j|gi 8 ^ and land office and receiver of public moneys, when appointed, shall each, receiver to give respectively, give security in the same sums, and in the same manner, security, &c. and whose compensation, emoluments, and duties, and authority, shall, in every respect, be the same, in respect to the lands which shall be dis- posed of at their offices, as are or may be provided by law in relation to the registers and receivers of public moneys in the several land offices established for the disposal of the public lands of the United States in the States of Ohio and Indiana. SEC. 3. And be itfurtlioa- enacted, That all the public lands within the All the public aforesaid district, to which the Indian title has been extinguished, and l a ? ( J s in the dis- which have not been granted to, or secured for, the use of any individ- ^reserved &c ual or individuals, or appropriated and reserved for any other purpose except section by any existing treaties or laws, and with the exception of section num- No. 16, &c., to be bered sixteen in each township, which shall be reserved for the support , ffer ? f , r sal * of schools therein, shall be offered for sale to the highest bidder, at the g land office for the said district, under the direction of the register of the land office and receiver of public moneys, on such day or days as shall, by proclamation of the President of the United States, be designated for that purpose : the lands shall be sold in tracts of the same size, on The lands to the same terms and conditions, and in every respect, as provided by the JJ 6 ^ m trac , ts ' act, entitled -'An act making further provision for the sale of the public by' act of April lands," apj toved April twenty-fourth, eighteen hundred and twenty. (6) 24, 1820. SEC. 4. And be it further enacted, That the President of the United The President States shall have power, and he is hereby authorized, to remove, when- JJJJ nff OV< t th ever he shall judge it expedient so to do, the land office aforesaid, to suitable p 1 a c e such suitable place, within the said district, as he shall judge most whenever he proper. judges it expe- SEC. 5. And be it further enacted, That the register of the land office di $S*; d u and receiver of public moneys shall, each, receive five dollars for each day to the regis- day's attendance in superintending the public sales in the said district, ter and receiver. (a) See Xos. 196, 205, 207, 231, 238, 247, 256, 265, 297, 310, 313, 314, 316. (b) See Nos. 196, 197, 198, 200, 205, 207, 208, 218, 232, 237, 238, 317. 3fo. 238. AN ACT supplementary to the act, entitled "An act to designate the Marrh S 1R23 boundaries of districts, and establish land offices for the disposal of the public lands, vol 3 D 783 not heretofore offered for sale, in the States of Ohio and Indiana." ' P ' Be it enacted, $-c , That all the lands ceded and relinquished to the Lands ceded by United States, by the Wea tribe of Lidians, under the first article of the * he Wea Indians treaty held at Vincennes, on the elventh [eleventh] day of August, J? b ^f tac ^- ed J eighteen hundred and twenty, and which is specified and designated by district the second article of the treaty between the United States and the said tribe, concluded at St. Mary's, on the second day of October, eighteen hundred and eighteen, be, and the same is hereby, attached to the Terre Haute district for the sale of public lands in the State of Indiana, (a) 116 INDIANA. Lands to be SEC. 2. And be it further enacted, That all the public lands specified, 8< B^ & \ th^T^rre designated, and embraced, within the first and second article of the Haute district, treaties aforesaid, which hav.e not been granted to, or secured for, the on such day or use of any individual or individuals, or appropriated and reserved for days as shall be aD y other purpose, by any existing treaties or laws, and, with the excep- p e eSS tion of 8ection numbered sixteen, in each township, which shall be re- served for the support of schools therein, shall be offered for sale to the highest bidder, at the land office in the Terre Haute district, under the direction of the register of the land office and receiver of public moneys, on such day or days as shall, by proclamation of the President of the United States, be designated for that purpose. The lands shall be sold in tracts of the same size, on the same terms and conditions, and, every respect, as provided by the act, entitled "An act making further pro- vision for the sale of the public lands," approved April twenty-fourth, eighteen hundred and twenty. (&) Register and SEC. 3. And be it further enacted, That the register of the land office and the receiver of public moneys shall, each, receive five dollars for each day's attendance in superintending the public sales of the land before described, according to the President's proclamation. (a) See Nos. 196, 205, 207, 231, 237, 247, 256, 265, 297, 310, 313, 314, 316. (&) See Nos. 196, 197, 198, 200, 205, 207, 208, 218, 232, 237, 238, 317. May 26, 1824. No. 239 AN ACT to authorize the State of Indiana to open a canal through Vol. 4, p. 47. public lands, to connect the navigation of the rivers "Wabash and the Miami of Erie. u A route for a Be it enacted, $c., That the State of Indiana be, and is hereby, author- ve ed and mark- ized to 8urvev and mark, through the public lands of the United States, edf by which the the route of a canal, by which to connect the navigation of the rivers navigation of tbe Wabash. and Miami of Lake Erie ; and ninety feet of land, on each Wabash and 8 ide o f ga jd canal, shall be reserved from sale on the part of the United Eiiemav be con- States ? and tne U8e thereof, forever, be vested in the State aforesaid, for nected. a canal, and for no other purpose whatever. The reserva- SEC. 2. And be it further enacted, That, if the said State shall not tion and grant to 8urve y, and direct by law said canal to be opened, and furnish the Com- be not ; completed missioner of the General Land Office a map thereof, within three years in twelve years, from and after the date of this act ; or, if the said canal be not completed, suitable for navigation, within twelve years thereafter ; or, if said land, hereby granted, shall ever cease to be used and occupied for the purpose of constructing and keeping in repair a canal, suitable for navigation; the reservation and grant aforesaid shall be void, and of none effect: Provided,- That nothing in this act contained, or [that] shall be done hi pursuance thereof, shall be deemed to imply any obligation on the part of the United States, to appropriate money to defray the expense of surveying or opening said canal: And provided, likewise, That the said canal, when completed, shall be, and forever remain, a public highway, for the use of the Government of the United States, free from any toll or charge whatever, for any property of the United States, or persons in their service, on public business, passing through the same. Each section of SEC. 3. And be it further enacted, That every section of land through whkh\aidcanal wnic h 8aid canal route may pass, shall be, and the same is hereby, re- may pass, to be served from future sale, under the direction of the Commissioner of the reserved ' from General Land Office, until hereafter specially directed by law ; and the future sale. sa i ( | State is hereby authorized, without waste, to use any materials on the public lands adjacent to said canal, that may be necessary for its construction, (a) (a) See Nos. 245, 254, 255, 272, 289, 291, 294, 302. March 3, 1825. No. 240. AN ACT * * * for the relief of John Johnson. Beit enacted, fc., That, when the Secretary of the Treasury shall be The Secretary satisfied that John Johnson, of Indiana, did enter, at the Brookville when satSfiJd land office > in 8aid State the east half of the notheast quarter of section that John John- thirty-five, and the west half of the northwest quarter of section thirty- son, of Indiana, six, in township seven teen, north, in range four, east, by mistake, in- d i d enter, stead of the east half of the southeast quarter, and the west half of the INDIANA. 117 southwest quarter of the same sections, it shall be lawful for a patent through mistake, to be issued to the said John Johnson for the two last-mentioned half- g^^ a r j quarters, so intended to be entered, on his relinquishing to the United land) 8hall is8U6 States his interest in, and surrendering the patent issued for, the two to him a patent first-mentioned half- quarters, in such manner as shall be directed by for two others, the Secretary of the Treasury. No. 241. AN ACT for the relief of William M. Dever. May 16, 1826. Be it enacted, #c., That it shall be lawful for William M. Dever, of the . county of Perry, and State of Indiana, to enter with the register of the May enter land land office at Vincennes, in the State aforesaid, the west half of the JJ. Vmcennto dis- northwest quarter of section seven, in township six, south of range one west, in the Vincennes district ; and, upon such entry being made, it shall be the duty of the register aforesaid, to issue to the said William M. Dever, a certificate for the aforesaid half quarter-section. And it shall be the duty of the Commissioner of the General Land Office to issue a patent for the half quarter-section of land so entered, whenever the certificate aforesaid shall be presented to him for that purpose : Pro- Proviso. vided, That before such entry shall be made, the said William M. Dever shall surrender to the register of the land office aforesaid, the patent which he now holds from the United States, for the west half of the northwest quarter of section seven, in township five south, of range one west, accompanied by such a release of his interest to the land therein specified, as the Commissioner of the General Land Office shall direct : And provided, also, That the said William M. Dever shall produce evi- Proviso. dence, to the satisfaction of the register and receiver of the land office at Vincennes aforesaid, that his entry with the said register, of the half quarter-section of land described in the foregoing proviso of this act, and for which a patent was issued to the said William M. Dever, was occasioned by an error of the surveyor, in marking the number of the township, in the range aforesaid. SEC. 2. And ~be it further enacted, That the west half of the northwest A certain tract quarter of section seven, in township six south, of range one west, in reserved from the district aforesaid, shall be reserved from entry, for the term of one ej ^/ &c n6 year, from and after the passage of this act ; unless the same shall be ' previously applied for, by the said William M. Dever, under the pro- visions of this act. No. 242. AN ACT for the relief of James Wolcott, and Mary his wife, of the State May 18 1826 of Ohio. Vol. 6, p. 343. Be it enacted, #c., That the Secretary of the Treasury be, and he is p aym ent to hereby, authorized and required to pay, out of any money in the Treas- them in full sat- ury not otherwise appropriated, unto James Wolcott, .and Mary hisisfaction for a wife, of the State of Ohio, late Mary Wells, a half-blooded Indian, of the * ract .* ^ nd sold Miami nation, the sum of nineteen hundred and twenty dollars, in lieu y m of, and in full satisfaction for, a section of land, which was reserved to her by the treaty held at St. Mary's in the State of Ohio, on the sixth of October, one thousand eight hundred and eighteen, between the United States and the Miami nation of Indians, and which is described m said treaty, as " lying at the mouth of Stony Creek, on the southeast side of the W abash River, the centre of which was to be at the mouth of said creek, running with the meanders thereof, up and down said river, one half mile, and thence back, for quantity j" about two hundred acres of which said section of land has since been sold, by mistake of the officers of the Government of the United States, at the land office at Crawfordsville, in the State of Indiana : Provided, however, That, before Proviso, the payment of the said sum of nineteen hundred and twenty dollars, or any part thereof, to the said James Wolcott, and Mary his wife, they shall execute a release, conveying all their interest in and to said section of land to the United States, which they shall deposit with the Com- missioner of the General Land Office. 118 INDIANA. May 20, 1826. ^ * 243. AN ACT for the relief of Jacob Hampton. Vof. 6, p. 348. Be it enacted, #c., That the Commissioner of the General Land Office be. Patent for a an(i ^ e is nerelL) J> authorized and required to make out and deliver, or fractional section cause to be delivered, to Jacob Hampton, of Wayne County, in the of land to be State of Indiana, a patent, in due form, for the fractional section num- issued. b er seven, in township number fourteen, and range one west, of the lands directed to be sold at Cincinnati, agreeably to the final receipt given to the said Jacob Hampton for the said fractional section, when the same shall be demanded. March 2, 1827. No. 244. AX ACT to authorize the State of Indiana to locate and make a road Tol, 4, p. 234. therein named. General assem- ^ e ** n ac ^ e( ^ $ c -> That the general assembly of the State of Indiana bly authorized to shall be, and the same are hereby, authorized to locate and make a road locate and make from Lake Michigan, by the way of Indianapolis, to some convenient Mkn^ f an m b L th e point ou the Ollio River > agreeably to the second article of a treaty made way o^Indmna 6 an< ^ concluded near the mouth of the Mississinowa, upon the "\Yabash, polistosoniecon- in the State of Indiana, the sixteenth day of October, in the year of our venient point on Lord one thousand eight hundred and twenty-six, between the cornmis- the Ohio Kiver. 8 i oner8 on the part of the United States, and the chiefs and warriors of the Potawatamie tribe of Indians ; and the said general assembly are hereby authorized to apply the strip of land and the sections of land, by said article ceded to the United States, or the proceeds thereof, to the making of the same ; and the said grant shall be at their sole disposal, (a) (a) See Xos. 257. 270. March 2, 1827. No. 245. AX ACT to grant a certain quantity of land to the State of Indiana, Vol. 4, p. 236. the purpose of aiding said State in opening a canal to connect the waters of - "Wabash Hirer with those of Lake Erie. A certain quan- B e it enacted, ^i 30 ' No ' 253. AX ACT to repeal a part of an act, passed the twenty-sixth day of \ ol. 4, p. 413. March, one thousand eight hundred and four, entitled "An act making provisions for the disposal of the public lands in the Indiana Territory, and for other pur- poses." Examination e n enacted, $c., That so much of an act, approved the twenty-sixth books disconUif- dav * March > in ^Q year one thousand eight hundred and four,.enti- ue d. tied '"'An act making provisions for the disposal of the public lands in the Indiana Territory, and for other purposes," as makes it the duty of the Secretary of the Treasury to cause, at least once every year, the books of the offices to be examined, and the balance of public moneys in the hands of the several receivers of public moneys of the said offices to be ascertained, be, and the same is hereby repealed, (a) (a) See Xo. 196. May 29, 1830. No. 254. AX ACT to vest in the State of Indiana certain lands within the limits YoL 4, p. 416. of the canal grant. Certain lands -Be it enacted, $*c., That there be vested in the State of Indiana twenty- vested, &c. nine thousand five hundred and twenty-eight acres and seventy-eight hundredths of the public lands, to be selected by the canal commission ers of said State, from the alternate sections reserved to the United States in the division made under "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 March second, one thousand eight hundred and twenty-seven, which shall be in lieu of the aforesaid quantity here- tofore sold by the United States, permanently reserved by treaty to individuals, and located by individual grants before the division afore- said, and which would otherwise have become the property of the said State in virtue of the act above referred to; the selections aforesaid to be made and reported by the commissioners to the proper land offices, before the reserved sections aforesaid shall be offered for sale, (a) (a) See Nos. 239, 245, 255, 272, 289, 291, 294, 302. INDIANA. 121 No. 255. AN ACT authorizing the county of Allen to purchase a portion of the May 31, 1830. reservation including Fort Wayne. Vol. 6, p. 448. Be it enacted, $c., That the associate judges of the county of Allen*, Authorized to and State of Indiana, be, and they are hereby, authorized to enter, at mini- enter a tract of mum price, for the use and benefit of said county, so much of the forty acres reservation, including Fort Wayne, and reserved for the use of the Indian agency, established there as may not fall to the State of Indiana, under the act of the second day of March, one thousand eight hundred and twenty-seven, entitled "An act to grant a certain quan- tity of land to the State of Indiana, for the purpose of aiding said State in opening a canal to connect the waters of the Wabash River with those of Lake Erie." (a) (a) See Nos. 239, 245, 254, 272, 289, 291, 294, 302. "1 256. AN ACT to establish a land office in the territory of Michigan, and for Feb. 19, 1831. other purposes. Vol. 4, p. 442. SEC. 9. And be it further enacted, That all the lands to which the In- .Fort Wayne dian title is extinguished, lying in that part of the State of Indiana dianTextended which is east of the Lake Michigan, bordering upon the northern line of said State, and not attached to any land district, shall be, and the same are hereby, attached to the Fort Wayne district, (a) (a) See Nos. 196, 205, 231, 237, 238, 247, 265, 297, 310, 312, 314, 316. No. ng the selections heretofore made of lands tor the con- March 2, 1831. struction of the Michigan road, in the State of Indiana. Vol. 4, p. 473. Be it enacted, <$-c., That the selections and locations heretofore made Certain loca- by the State of Indiana, of the Michigan road lands, so far as they may tions confirmed, remain unsold, be, and the same are hereby, sanctioned and confirmed ; and that other public lands in Indiana, in lieu of those already sold, shall be selected under the same authority that the original selections and locations were made: Provided, That no selections or locations shall hereafter be made for the purpose aforesaid, until the authority of the State of Indiana shall cause to be made to the General Land Of- fice an accurate survey and plat of the said road throughout its entire line. SEC. 2. And be it further enacted, That the land offices at Crawfords- ville and Fort Wayne shall be duly notified, by the State authority, of the selections made in virtue of this "act ; after which, no sales thereof shall be made, (a) (a) See Nos. 244, 270. No. 258. AN ACT for the relief of John Gough, * * * March 3, 1831. Be it enacted, #c., That the President of the United States be author- Vol. 6. P- 467. ized to issue to John Gongh, of Indiana, a patent for the northeast Land patent to quarter of section eleven, in township twelve, north, of range nine, issue, west, in the Vincennes land district, upon the condition expressed therein, that neither said John, nor any person under him, shall claim any benefit under a patent erroneously issued for the southeast quarter of said section, and alleged to be lost. No. 259. AN ACT for the relief of James Hogland. March 3, 1831. Be it enacted, #c., That James Hogland, of the State of Indiana, be, Y l 6, p. 468. and he is hereby, authorized to surrender and cancel, at the land office Authorized to at Indianapolis, in such form as the Secretary of the Treasury may pre- surrender a cer- scribe, his patent for the east half of the southeast quarter of section tain tract of land, seventeen, in township fourteen, north, of range three, east, in the dis- trict of lands offered for sale at Indianapolis j and that he be permitted to enter, in lieu thereof, and without paying for the same, any other half quarter- sect ion in said district subject to entry at private sale. 122 INDIANA. Feb. 24, 1832. VoL 6, p. 477. entry, &c. No. 260. AX ACT for the relief of Cornelius Overton. Be it enacted, #c., That it shall and may be lawful for Cornelius Over- Authorized to ton, of the State of Indiana, upon application at the land office at Yin- correct error in cennes, to correct the error committed by him in an entry, of the twen- ty-eight December, one thousand eight hundred and twenty-nine, for the east half of the northeast quarter of section numbered two, in town- ship numbered four, south of raoge numbered thirteen west, and to apply the money paid on said quarter-section to the entry and payment therefor of the east half of the southwest quarter of section numbered thirty-six, in township numbered three, south of range numbered thir- teen west, which is the tract of land t'he said Overton designed origin- ally to enter and pay for. be SEC. 2. And be it further enacted, That upon the application of said Overton, as aforesaid, the register and receiver shall give to him the necessary vouchers, receipts, &c., in order to enable him to obtain a grant for the said half quarter-section, and shall take up from the said Overton the receipt given him for the payment made by him, or a re- lease of his claim to the land aforesaid entered by mistake ; and the said Overton shall be entitled to a patent for the land which he intended to enter, in the same manner as though he had correctly entered the said land : Provided, That this act shall not be construed to affect the right of any other person to the said half quarter-section numbered thirty- six, in township numbered three, south of range thirteen west. Patent to issued, &c. Proviso. 261. AN ACT to authorize the legislature of the State of Indiana to sell and convey certain lands granted to said State for the use of the people thereof. July 3 1832. VoL 4, p. 558. Legislature au' & e ^ enacted, #c., That the legislature of the State of Indiana be, and thorized to sell is hereby, authorized to sell and convey, in such manner, and on such and convey cer- conditions, as said legislature shall by law direct, the following de- Land tracts scribed tracts of land heretofore granted and set apart for the use of said State, namely : sections numbered thirteen progressively to thirty- six, inclusive; section sixteen excepted, in township numbered two, north of range two, west ; and sections numbered one to twelve pro- gressively and inclusive, in township one, north of range two, west ; and the northeast quarter of section numbered fourteen, in township seven, north of range two, west ; and the northwest quarter of section numbered twenty-six, in township one, north of range five, west, in the Vincemies district ; likewise, section fifteen, in township two, north ; section twenty-eight, in township three, north of range four, east ; and fractional section, numbered thirty one, in township nine, north of range Proceeds ap- two, east, of the Jefferson ville district ; and to apply the proceeds of said plied to educa- sale to the purposes of education : Provided, That the legislature shall tion. not authorize a sale of the said land at a less price than that at which the public lands are sold at private entry, (a) (a) See Xo. 306. - July 3, 1832. VoL 6, p. 502. No. 262.-AX ACT for the relief of William McCormick. Be it enacted, fc., That it shall and may be lawful for William McCor- Mav relinquish mick .> of *^e State of Indiana, to file, in the land office at Fort Wayne, a certain tract of a relinquishment, in such form as the register and receiver of the said land entered by land office shall prescribe, of all his title and interest in and to the east mistake, &c. half of the southeast quarter of section ten, in township twenty-two, within the said land district, entered by him through mistake, and, upon the execution of such release, to apply the money paid on the same to the west half of the southeast quarter of section fifteen, town- ship twenty-two, if the said quarter-section remain unsold and subject to private entry ; if not, then to apply the amount paid in by mistake to any other quarter-section of land subject to private entry within said district, for which a patent shall issue. INDIANA. 123 No. 263. AN ACT for the relief of William Wayne Wells, of the State of Indiana. Jaly 14) 18 2 Be it enacted, #c., That under the directions of the Secretary of War, Vol. 6, p. 519. there shall be paid, out of any money in the Treasury not otherwise p ayment for a appropriated, to the said William Wayne Wells, of the State of Indiana, certain section of the sum of one thousand two hundred and eighty dollars, in full satis- land reserved to faction of a section of land allowed and reserved to him by the treaty Mm > &0 - with the Miami tribe of Indians, dated sixth October, one thousand eight hundred and eighteen, and which said section of land was after- wards reserved for the use of the Miami tribe of Indians, in the treaty made with them and dated twenty -third October, one thousand eight hundred and twenty-six : Provided, That, before such payment is made, Proviso, the said William Wayne Wells shall make and execute a good and suf- ficient deed and conveyance, relinquishing all the right, title, interest, and claim, which he now has, or ever had, to said section of land, and shall file the same with the Secretary of War. No. 264. AN ACT for the relief of the heirs of Jeremiah Buckley, deceased. j u i y j^ JQ32. Be it enacted, #c., That the heirs of Jeremiah Buckley be, and they Yol. 6, p. 520. are hereby, confirmed in their title to one hundred arpents of land, L an ^ title con- equal to eighty-five acres, situate on Wabash River, about three miles firmed, above Vincennes, which was contracted and sold by a certain T. Dubois to the said Jeremiah Buckley, about the year one thousand seven hun- dred and seventy-six; and afterwards, viz: on the eleventh of June, one thousand eight hundred and three, sold and conveyed by him to the United States, for the purpose of erecting a garrison thereon : Pro- p rov i so vided, That no other title than such as the United States have to the land mentioned shall be deemed to be conveyed or affetted by this act. SEC. 2. And be it further enacted, That the Secretary of the Treasury Payment for pay unto the heirs of the said Jeremiah Buckley, out of any money in timber and sand, the Treasury not otherwise appropriated, the sum of two hundred and eighty dollars, in full compensation for the use made of the timber and sand, while they occupied the said land : Provided further, That the p roviso heirs aforesaid, relinquish under their hands and seals to the United States at the proper Department, all the right, title, and claim that they now have, or ever had, for or on account of the said above-described tract of land, either against the said Dubois, his heirs or assigns, or the United States, and that a compliance with this proviso on the part of the said heirs, form a condition precedent to be complied with. No. 265. AN ACT to create sundry new land offices, and to alter the boundaries Match 2, 1833. of other land offices of the United States. Vol. 4, p. 653. * * # * * # * SEC. 9. And be it further enacted, * * * That the land district Boundaries of hereinafter created by the tenth section of this act, shall be bounded land district, &o. on the south by the line dividing townships twenty-six and twenty- seven, and on the east by the line dividing ranges six and seven, and the lands in said district now in market shall be subject to entry at the land offices at Crawfordsville and Fort Wayne as heretofore, until the ; day of July next, and no longer. #*** * * * SEC. 10. And be it further enacted, That all that district of country, New land dis- in the State of Indiana, lying west of the line dividing ranges seven trict in Indiana, and eight east of the second principal meridian, and north of the line dividing townships twenty-four and twenty-five, shall form a separate land district ; and the land office for the sale and disposal of all the office at La- public lands in said district, shall be, and hereby is, established at La- porte. porte ; and for said land office, a register and receiver shall be appointed in like manner, and be subject to like rules and regulations, and receive the same salary, fees, and compensation for their services, as is desig- nated and provided for in other cases by the fifth section of this act ; and it shall be [the] duty of the Secretary of the Treasury, as soon as it can be done, to cause the necessary tract books, plats, maps, and sur- veys of the public lands in said district, to be filed in said office : Pro- President may vided, That the President may, whenever, in his judgment, the public remove office, interest and the convenience of the people require it, remove said of- fice to a more central and suitable place in said district, (a) (a) See Nos. 196, 205, 207, 231, 237, 238, 247, 256, 297, 310 313, 314, 316. 124 INDIANA. March 2, 1833. Vol. 4, p. 663. Lands to surveyed. No. 266. AX ACT to authorize the President of the United States to cause the public surveys to be connected with the line of demarcation between the States of Indiana and Illinois. be Be it enacted, #c., That the President of the United States be, and hereby is authorized and required to cause the public lands lying along the line of demarcation between the States of Indiana and Illinois, as established by the joint sanction of those States, to be surveyed in con- nection with said line on either side thereof. Compensation. SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and hereby is, authorized to allow for the service to be performed under this act, such further compensation, in addition to [the] regular price now authorized by law, as to him shall appear to be just and rea- sonable, to be paid out of the regular appropriation for surveying pub- lic lands northwest of the Ohio River. March 2, 1833. No. 267. AN ACT for the relief of Hugh Beard. VoL fi, p. 551. J5 e it ena cted, fc., That Hugh Beard be permitted to enter, at any of Authorized to fc ^ e land offices in the State of Indiana, seventy-four eighteen hun- nter land. dredths acres of land, on any of the public lands in the State of Indiana, Proviso. and now subject to sale by law : Provided, That the said Hugh Beard, before making said entry, shall execute and deliver to the register of the land office at Indianapolis, a release to the United States of all claim and title to the same quantity of land entered by him on the twenty-fifth of November, one thousand eight hundred and twenty- two, and which was afterwards patented to him by the United States ; it being the eastern half of the northeastern quarter of section one, in township sixteen, and range four, east. June 18, 1834. No> 268. AN ACT for the relief of George K. Jackson. Vol. 6, p'. 5G3. Be it enacted, $c., That George K. Jackson, of Indiana, be, and he is Ma relin uish ^ erelt) y> authorized to relinquish to the United States, the north frac- a tract of land, tion of the northwest quarter of section four, in township twenty-three and payments north of range seven west, in the district of lands offered for sale at transferred, &c - township number three south, of range number thirteen west, of the second principal meridian, in the district of lands offered for sale at Vincennes, in the State of Indiana ; and upon such relinquishment hav- ing been made, as aforesaid, the said Benjamin Bennet is hereby author- ized to enter in lieu of the lands so relinquished, any other quarter quarter-section of any of the unsold public lands in said district sub- ject to entry at private sale. 126 INDIANA. H. Sampler's SEC. 2. And be it further enacted, That the legal representatives of representatives Henry Sumpter, deceased, be, and they are hereby, authorized to relin- authorized tore- ^^ to the United States, in the manner and form prescribed in the ' n ' c ' first section of this act, the southeast quarter of the northeast quar- ter of section number thirty, in township three south, of range number thirteen west, of the second principal meridian, in the district of lands offered for sale at Vincennes, in the State of Indiana; and upon such relinquishment having been made as aforesaid, the legal representatives of the said Henry Sumpter, deceased, are hereby authorized to enter, in lieu of the lands so relinquished, any other quarter quarter-section of any of the unsold public lands in the said district, subject to entry at private sale. P. Guthrie au- SEC. 3. And be it further enacted, That Peter Guthrie be, and he is qSland &cf~ hereb y> authorized to relinquish to the United States, in the manner and form prescribed by the first section of this act, the southeast quar- ter of the southeast quarter of section number nineteen, in township number three south, of range number thirteen west, of the second principal meridian, in the district of lands offered for sale at Vincennes, in the State of Indiana ; also, the southwest quarter of the south- west quarter of section number twenty, in township number three south, of range number thirteen west, of the second principal meridian, in the said Vincennes land district ; and upon such relinquishment having been made, as aforesaid, the said Peter Guthrie is hereby author- ized to enter, in lieu of the lands so relinquished, any other two quar- ter quarter-sections of any of the unsold public lands in the said land district subject to entry at private sale. G. W. Bennett SEC. 4. And be it further enacted, That George Washington Bennet S .^ Uliqui8h be, and he is hereby, authorized to relinquish to the United States, ii the manner and form prescribed in the first section of this act, the southwest quarter of the northwest quarter of section number twenty- eight, in township number three south, of range number thirteen west, of the principal meridian, in the district of lands offered for sale at Vincennes, in the State of Indiana; and upon such relinquishment hav- ing been made, as aforesaid, the said George Washington Bennett shall be, and he is hereby, authorized to enter, in lieu of the lands so relin- quished, any other quarter quarter-section of the unsold public lands in the said land district subject to entry at private sale. J. Calvin may SEC. f>. And be it further enacted, That James Calvin be, and he is relinquish, &c. hereby, authorized to relinquish to the United States, in the manner and form prescribed by the provisions of the first section of this act, the southwest quarter of the south quarter of section number eighteen, in township number three south, of range number thirteen west, of the second principal meridian, in the district of lands offered for sale at Vincennes, in the State of Indiana; and upon such relinquishment having been made as aforesaid, the said James Calvin is hereby author- ized to enter, in lieu of the lands so relinquished, any other quarter quarter-section of the public lands in the said land district, subject to entry at private sale. J. Fifer may SEC. 6. And be it further enacted, That John Fifer be, and he is hereby, relinquish, &c. authorized to relinquish to the United States, in the manner and form as prescribed by the provisions of the first section of this act, the east half of the southeast quarter of fractional section number eighteen, in township number three south, of range thirteen west, of the second principal meridian, in the district of lands offered for sale at Vincennes, in the State of Indiana ; and upon such relinquishment having been made, as aforesaid, the said John Fifer is hereby authorized to enter, in lieu of the land so relinquished, any other half quarter-section of the public lands in the said land district, subject to entry at private sale. June 23, 1836. No. 276, AiN" ACT to settle and establish the northern boundary line of the State of Vol. 5, p. 56. Ohio. TV hich line SEC.2.^7J olae y an- SEC - 2 - And be {t farther enacted, That George Woolsey, of the county c " and St * te aforesai ? be > and he is hereby, authorized to relinquish to the United States, in manner and form aforesaid, the southeast quarter of the northwest quarter of section number thirty-three, in township number two south, of range eight west, of the second principal merid- ian, in the district of lands sold at Vincennes, in the State of Indiana; and upon such relinquishment as aforesaid having been made, the said George Woolsey is hereby authorized to enter, in lieu of the land so re- linquished, the southeast quarter of the northwest quarter of section thirty-four, township two south, range eight west. July 2, 1836. No. 282. AN ACT for the relief of Tobias Crnm. Vol. 6, p. 680. Be it enac ted, fc., That Tobias Crum, of the State of Indiana, be, and Authorized to ne is h erelt) y> permitted and allowed to enter the northwest quarter of relinquish a tract the southeast quarter of section number twenty, in township five north, of land and to en- of range six east, in the Jeffersonville land district, in the State of In- ter another. diana, for which he shall be entitled to a patent on his relinquishing to the United States the northeast quarter of the southeast quarter of section number twenty, in township five north, of range six east, in said district, which lot he entered through mistake. Jan. 31, 1837. Xo. 283. AX ACT for the relief of Norman Holt. Vol. 6, p. 684. Be it enac ted, fc., That Norman Holt, of Owen County, in the State of Entitled to a Indiana, shall be entitled to enter one quarter quarter-section of land, on tract of land on any of the unsold lands in the Vincennes land district in said State, surrendering, relinquished to George W. Allen and Reuben Allen; to them. it being understood, and this relinquishment is made upon the condi- tion, that the said George W. Allen, and Reuben Allen as grantees, have purchased of the said reservee by authentic and regular deed, his right Proviso. in and to the said reservation : And provided further. That no sale or conveyance of said reservation by said reservee shall be deemed regu- lar, nor shall this act have effect, until the President of the United States shall have approved such conveyance, and endorsed his approval thereon. June 17 1844 No * 293. AX ACT for the relief of the heirs of Hyacinth Lasselle. Vol. 6, p. 928. Whereas, by an act of the Congress of the United States, entitled Preamble. "An act for the relief of Hyacinth Lasselle," approved the twenty- first day of July, in the year eighteen hundred and forty, the said Hyacinth Lasselle was authorized to locate five hundred and sixty acres of land at any land office in the State of Indiana, at any time prior to the fourth day of March, in the year eighteen hundred and forty-three, by paying the minimum price fixed for such lands, for eighteen acres and forty-sixth hundredths of an acre, part and parcel of said tract of five hundred and sixty acres : and whereas, also, the said Hyacinth Lasselle has deceased without perfecting the location of said land : Therefore, Authorized to Be it enacted, $c., That it shall be lawful for the heirs of the said locate land. Lasselle to locate the said tract of land in eaid act contemplated, at any time prior to the fourth day of March, eighteen hundred and forty-six, at any land office in the State of Indiana, either before or after any lands therein may have been offered at public sale, by paying the said minimum price for the said eighteen acres and forty-six hundredths, as by said act is provided, (a) (a) See Xos. 288, 301. INDIANA. 131 No. 294. AN ACT to grant certain lands to the State of Indiana, the better to en- March 3, 1845. able the said State to extend and complete the Wabash and Erie Canal from Terro Yol 5< p 731 Haute to the Ohio River. Be it enacted, l-l 5 ' r /~\ /v> Vol. 5) p 70o L Office of survey or- general northwest of the Ohio removed to State- , of Michigan. See MICHIGAN, No. 509. ] 132 INDIANA. August 3, 1846. No. 296. AX ACT to grant the right < Vol. 9, p. 50. acquired by treaty from the Miami* Indians in Indiana August 3, 1846. No. 296. AX ACT to grant the right of preemption to actual settlers on the lands ' Indu Pre-emption Be it enacted, #c., That every actual settler, being the Lead of a rights on the Mi- family, or widow or single man over the age of twenty-one years, ami cessions, w h o j 8 now j n possession, by actual residence as a housekeeper, of x any tract of public land within the limits of the several cessions by the Miami Indians in Indiana, which have not yet been proclaimed for sale by the President, or any such person who shall hereafter settle, erect a dwelling-house, and become a housekeeper upon any such tract of land, shall be entitled to the same benefits and privi- leges, with respect to said land, as was granted to settlers on other lands by the act approved twenty-second of June, eighteen hundred and thirty-eight, entitled "An Act to grant preemption rights," and the several amendatory provisions of said act, effected by the subse- quent acts bearing date first June, eighteen hundred and forty, and Minimum price- third March, eighteen hundred and forty-three : Provided, That the minimum price per acre of said land shall be two dollars per acre. Claimant to SEC. 2. And be it further enacted, That, in every case, the affidavit of make oath as pre- the claimant under this act shall be like unto that prescribed by the 1838 ** act of twenty -second June, eighteen hundred and thirty-eight, and the same shall be filed, and proof and payment made for the land claimed, at any time before the day fixed by the President's proclamation for the public sale of the said land : Provided, That where a tract of land is now settled upon, a settlement made on such tract subsequent to the date of this law shall confer no right on the last-mentioned settler; and where settlements shall hereafter be made, the right shall be in the to have ^refe?-^* 8ettler > who shaU otherwise comply with the conditions of this ence. ^ aw - ( a ) (a) See No. 303. A no R i4fi No> 297. AX ACT to attach to the Fort Wayne land district certain tracts of VoT9 p 75 ! n : 1 P ngwithin the Umite of that District which are not now attached to any district. Certain lands Se it enacted, fc., That all the lands in the State of Indiana which lie attached to Fort north of the township line dividing townships twenty- three and twentv- dis- four, and east of the range line dividing ranges four and -five east, which * lie south of the Wabash River, be, and the same are hereby, attached to the Fort Wayne land district ; and all that tract of land which lies north of the township line dividing townships twenty-three and twenty- four, and west of the range line dividing ranges four and five east, and east of the east line of the Crawfordsville land district, be attached to and shall form a part of the Winnemac land district ; and all the lands lying south of the said township line, dividing the said townships twenty- three and twenty -four, which were heretofore within the limits of the Fort Wayne land district, including the portions of the late Miami cessions south of said line, be, and the same are, attached to the Indianapolis land district ; and all lands lying within any of the afore- said land districts, which may not have been offered for sale, shall hereafter constitute a part of the land district in which they respec- tively lie. (a) (a) See Xos. 196, 205, 207, 231, 237, 238, 247, 256, 265, 310, 312, 314, 316. Jan 26 1847 No. 298. AX ACT declaring the assent of Congress to certain States to impose a Vol.' 9, p. lie'. tax upon all lands hereafter sold by the United States therein, from and after the '. ! '- '. day of such sale. [See OHIO, No. 169.] March 3 1847 No. 299. AX ACT relinquishing to the city of Madison, in the State of Indiana Vol. 9 p. 691. all the right and title of the United States to a certain strip of unsurveyed land lying within the limits of said city, and bordering on the Ohio River. Boundaries of Be it enacted, $c., That all the right, title, and interest of the United a tract of land states in and to all that unsurveyed strip or parcel of land lying and quilbed to to being in the county of Jefferson, and State of Indiana, .bounded as fol- city of Madison, lows, viz.: Beginning at the southeast corner of fractional section num- ber one ; thence westwardly, along the south line of fractional sections INDIANA. 133 one, two, and three, all in township " three " north, of range " ten " east, until said line strikes the southwest corner of said fractional sec- tion numbered "three;" thence from the corner last mentioned, due south, to low- water mark on the Ohio River; thence eastwardly, up and following the meanderings of the river at low-water mark, to a point directly opposite the southeast corner of said fractional section numbered one ; thence north, from the point last aforesaid, to the place of beginning of the lands, lying and being in the Jeffersonville land district, be, and the same is hereby vested in the city of Madison, for the sole use and benefit of said city. No. 300. AN ACT for the relief of the widow and heirs of John B. Chaudonia. March 3, 1847. Be it enacted, #c., That Mary L. Chaudonia, for and in consideration : ' L_ of services rendered by her husband, John B. Chaudonia, to the United Widow of John States, during the late war, be, and she is hereby, authorized to en|er, ^^e^to^ter in any land office in the State of Indiana, without paying money there- a half-section of for, any unappropriated half-section of public land liable to entry at land, private sale; for which she shall be entitled to, and shall receive, a Patentto issue, patent from the United States vesting the title thereof, in fee-simple, in her and her heirs. SEC. 2. And be it further enacted, That Charles B. Chaudonia and Mary Children and L. Breset, children and heirs of John B. Chaudonia, deceased, for and in heirs of John B. consideration of services rendered by their father to the United States thS?ed to enter during the late war, be, and they are hereby, authorized to enter, in ea ch a quarter- any land office in the State of Indiana, without paying money therefor, section of land, each for themselves, one quarter-section of any unappropriated public lands liable to entry at private sale ; for which they shall be entitled to, Patents to is- and shall receive, a patent from the United States vesting the titles sue. thereof, in fee-simple, in them and their heirs. , aci March 3, 1847. Vol. 9, p. 706. Preamble. No. 301 .AN ACT for the relief of the heirs of Hyacinth Lasselle. Whereas, by an act of the Congress of the United States, entitled "An act for the relief of Hyacinth Lasselle," approved the twenty-first day of July, in the year eighteen hundred and forty, the said Hyacinth Las- selle was authorized to locate five hundred and sixty acres of land at any land office in the State of Indiana, at any time prior to the fourth day of March, in the year eighteen hundred and forty-three, by paying the minimum price fixed' for such lands, for eighteen acres and forty- six hundredths of an acre, part and parcel of said tract of five hundred and sixty acres : and whereas, also, the said Hyacinth Lasselle has de- ceased without perfecting the location of said land : Therefore Be it enacted, $-c., That it shall be lawful for the heirs of the said Las- Hyacinth Las- selle to locate the said tract of land in said act contemplated, at any selle authorized time prior to the fourth day of March, eighteen hundred and forty-nine. J. vided : Provided, That no tract of land shall be selected, in virtue of Proviso. this act, upon which there may be improvements made, without the con- sent of such person or persons who have made such improvements first obtained in writing, and filed with the proper land officers where the location may be made, (a) (a) See Nos. 288, 293. No. 302. AN ACT in addition to an act therein mentioned. Yo *' 9) p - 219> Hi Whereas, by a certain act approved March second, eighteen hundred and twenty-seven, there was granted to the State of Indiana, to aid in Preamble. constructing the Wabash and Erie Canal, " a quantity of land equal to one-half of five sections wide on each side of said canal ; " and whereas, by an act approved February twenty-seventh, eighteen hundred and forty- one, there was confirmed to said State the lands selected under said grant for that part of said canal, between the mouth of Tippecanoe 'ver and Terre Haute, and license was given to said State to select 134 INDIANA. other lands subject to private entry, or such part of said selection as was holden against the State by the legal incumbrance or title of others, which last selections have never been made and completed : Therefore, Grant of lands Beit enacted, #c., That the State of Indiana be, and is hereby, author- i ze d to select out of any of the public land in said State subject to pri- vate entry, a quantity of land which, together with the land already received and holden by said State for the construction of the said Wabash and Erie Canal, will make the full amount equal to one-half of five sections in width on each side of said canal : Provided, nevertheless, That no selection shall be made of any land but such as was subject to private entry on the first day of April, anno Domini one thousand eight hundred and forty-eight, (a) (a) See Nos. 239, 245, 254, 255, 72, 289, 291, 294. to Indiana. selected 06 Aug. 7, 1848. No. 303. AN ACT for the relief of those preemption claimants upon the Miami VoL9, p. 275. lands in Indiana, who, by their services in the Mexican war, are entitled to bounty land. P r e - e m ption Be it enacted, $c., That those persons who are entitled to bounty-land claimants up on warrants for one hundred and sixty acres in virtue of their own services in Indiana eUt durin g * ne P resent war wit h Mexico, and who may likewise be entitled tied to bounty to tne right of preemption upon the Miami lands in Indiana, under the lands may apply act of the third of August, eighteen hundred and forty-six, shall have IT warrants in the privilege of applying their warrants in payment or part payment for the tract to which they may establish their right of preemption ; said warrant to be estimated, when received as aforesaid, at the sum of one dollar and twenty-five cents for each acre therein contained : Pro- Proviso, vided, That in no case shall the Government be required to refund any excess of the estimated amount of said warrants, over and above the price of the tract claimed to be entered ; and should the tract claimed to be entered as aforesaid exceed, at the rate fixed by law, the said sum, | then and in such case the balance of the purchase money of said tract shall be paid in cash, (a) (a) See No. 296. Aug. 30, 1850. VoL 9, p. 801. Preamble. No. 304. AN ACT for the relief of Al-lo-lah and his legal representatives and their grantees. Whereas, in the survey and location of the section of land granted to " Al-lo-lah," by the twelfth article of the treaty concluded at the Forks of the Wabash, Indiana, on the sixth November, A. D. eighteen hundred and thirty-eight, and ratified February eighth, eighteen hun- dred and thirty-nine, between the United States and the Miami tribe of Indians, a mistake was made, whereby the same was located below and adjoining the section granted to Mais-shir-goim Mi-yah, and on the same creek, and not above, as required by the provisions of said treaty ; and whereas, since the erroneous location of said reserve, the section described in said treaty has been sold and conveyed to bona-fide pur- chasers by the United States ; and whereas, since the death of said Al- lo-lah, his legal heirs have sold and conveyed their interest in said reser- vation to Cot-te-se-pawu and his heirs The title to cer- ^ e ^ enacted, #c., That the title of the lawful heirs of Cot-te-se-pawn tain land to be in and to the reserve situate in township twenty-seven, nortn of range as perfect to the seven east of the second principal meridian, Indiana, surveyed and heirs of Cot-te-se- designated as survey number twenty-one, containing six hundred and to Ai-io- forty acres, according to the map of Indian grants certified by the sur- veyor-general on the second of September, A. D. eighteen hundred and forty, be confirmed as fully and effectually as if the same had been orig- inally reserved to Al-lo-lah by the treaty above recited ; and that upon Patent to issue, the surrender of the patent heretofore issued to the said Al-lo-lah, another patent be issued therefore to Cot-te-se-pawn and to his heirs t Proviso. Provided, however, That the said land remain subject to such contracts and liabilities as may have lawfully accrued against and upon the same during the life-time of the said Cot-te-se-pawn. INDIANA. 135 No. 305. AN ACT to supply a deficiency to the State of Indiana in a township of j u j y ]2) 1852. land granted to said State for the use of a State university, by an act of Congress y o f 10) p 14 approved nineteenth of April, eighteen hundred and sixteen. Be it enacted. &c., That there be supplied to the State of Indiana, for Grant of land the sole and exclusive use of the State university, an equal number of to Indiana for a acres of land found to be deficient in the original grant, and which has un been otherwise appropriated by Congress, amounting to four thousand one hundred and sixty-six acres, and that said lands be selected, under the direction of the governor of the State, from any lands now in market in said State belonging to the United States, the proceeds of which " be appropriated solely to the use of said State university, and never be diverted to any other purpose whatever, (a) (a) See Nos. 196, 215, 217, 307. No. 306. AN ACT to enable the legislature of the State of Indiana to dispose of T^ 12 1852 the unsold saline lands in said State. VoL 10, p. 15. Be it enacted #c., That so much of the act of Congress entitled " An Part of act O f act to authorize the legislature of the State of Indiana to sell and con- 1332 repealed. vey certain lands granted to said State for the use of the people there- of," approved July third, eighteen hundred and thirty-two, as provides that said lands shall not be sold for a less price than [that] at which the public lands are sold, be, and the same is, hereby repealed, (a) (a) See No. 261. No. 307. AN ACT to indemnify the State of Indiana for the failure of title to a Feb. 23, 1854. township of land granted to said State on her admission into the Union in eighteen Vol. 10, p. 267. hundred and sixteen. Whereas by a decision of the Supreme Court of the United States, 'Preamble, made January twenty-fifth, eighteen hundred and fifty- three, the State of Indiana has lost one out of the two townships of land granted to her for the use of a State University by act of April sixteenth [nineteenth] eighteen hundred and sixteen, and has become liable to refund to a pri- vate corporation the proceeds of said township heretofore appropriated to the support of the State university of Indiana for remedy thereof : Be it enacted, Ac., That the governor of the State of Indiana be au- 19 - 040 ac . re , 8 f thorized to select out of lands of the United States, within the said ^iagfor a State, now subject to private entry, nineteen thousand and forty acres university. of land in legal subdivisions, and shall certify the same to the Secretary of the Interior, who shall, forthwith, on receipt of said certificate, issue, to the State of Indiana, patents for said lands : Provided The proceeds of said lands, when sold, shall be, and forever remain, a fund for the use of the Indiana University, (a) . (a) See Nos. 196, 215, 217, 305. o. 308. AN ACT to ascertain and adjust the titles to certain lands in the State of j u ] y 27 1854 Indiana. Vol. 10,' p. 313. Be it enacted, <^c., That the register and receiver of the land office at c o m m i s sion Vincennes, together with a fit and proper person, learned in the law, constituted; com- and a citizen of Indiana, to be appointed by the President of the United missioners. States, are hereby constituted commissioners to ascertain and adjust the title of any claimant to any tract of land, or any part or subdivision Extent of the thereof, granted by the resolve of Congress of the twenty-ninth of claims to be ex- August, seventeen hundred and eighty-eight, and the act of the third ammed - of March, seventeen hundred and ninety-one, entitled "An act for grant- ing lands to the inhabitants and settlers at Vincennes, and the Illinois country in the territory northwest of the Ohio, and for confirming them in their possessions," and the several acts in aid of, and supplementary thereto, (a) SEC. 2. And ~be it further enacted, That every such claimant to any tract Claimants to of land so granted, or any part or subdivision thereof, shall, within six present th months after the publication of the notice hereinafter provided for, fileg^SnT his claim in writing, with the said register, in which he shall specific- specification, ally set forth such facts as shall be required in the instructions of the Commissioner of the General Land Office. 136 INDIANA. Notice of read- SEC. 3. And be it further enacted, That such register, upon the receipt iness to receive of such instructions, shall give notice by publication in some newspaper claims to be pub- o f general circulation in the vicinity of the said lands of his readiness ' 8 ' to receive applications of claimants, to which notice shall be attached the instructions of the said commissioner. Proceedings of SEC. 4. And be it further enacted, That such commissioners shall meet the commission- immediately after the time allowed for filing such claims, and shall hold lowers and their sessions at the town of Vincennes. They shall have power to duties. compel the attendance of witnesses, administer all necessary oaths, and to hear and decide in a summary manner all matters respecting such claims. Minutes of the proceedings, decisions, meetings, and adjourn- ments of the said board, shall be regularly entered by the register in a book kept for that purpose, together with the evidence adduced in each particular case, upon which their decisions have been made. What titles to SEC. 5. And be it further enacted, That every claimant to any tract of be confirmed. land so granted, or any part, or subdivision ^thereof, who can produce to such commissioners^ regular chain of title from the original con- firmee to himself, or who can show to their satisfaction a continuous and connected possession in himself and those under whom he claims, for a period of twenty years or more, next preceding the filing of his claim, or can show such a claim or title as would, in the courts of Indiana, bar an action of ejectment, such claimant shall be confirmed in his title. Transcript of SEC. 6. And be it further enacted, That the said commissioners shall, on the decisions to or before the first day of September eighteen hundred and fifty-five, Comnffioner of tran8mit to the Commissioner of the General Land Office a transcript General L an d of their decisions in favor of claimants, which shall contain a fair state- Office, ment of the evidence on which each respective claim is founded ; and also a transcript of their decisions against claimants, with a like state- ment of the evidence and the reason of such rejection. Wh . SEC. 7. And be it further enacted, That the Commissioner of the Gene- to issue! ral Land Office, upon the receipt of such transcript, shall issue a patent to each claimant so confirmed in his title by the said commissioners; and where any such claims have been rejected the said Commissioner, upon application of the proper person, shall have power to revise such decision of the said board, and may, if in his opinion the evidence war- rants it, reverse such decision, and issue a patent therefor to such claimant : Provided, That this right to revise shall not extend to those claims rejected, where the same lands have been confirmed by the said board to some other claimant: And provided further, That the patents Further pro- 8O issued shall only be a relinquishment of the'title of the United States, V1 Effect of the and sba11 not be con strued into an abridgment of the rights of third patent. persons. Compensation SEC. 8. And be it further enacted, That the commissioner appointed by of the commis- the President, shall receive a compensation of eight dollars per day, for sioners. each and every day he may be engaged in the discharge of the duties imposed by this act, and the register and receiver shall receive such ;ompensation for their services, as may be just and proper in the dis- retion of the Commissioner of the General Land Office. Who prescribes SEC. 9. And be it further enacted, That it shall be the duty of the Corn- rules to enforce missioner of the General Land Office to prescribe such rules and regu- this act. lations as may be necessary to give full effect to the provisions of this act. (a) See Kos. 191, 192, 196, 197, 199, 200, 205, 210, 211, 214, 312, 313, 321. Julv 27 1854 ^* 309. AX ACT for the relief of Sylvester T. Jerauld, assignee of the interest Vol. 10, p. 801. of Henry Richard. Be it enacted, #c. s That the location numbered one hundred and eigh- The location of teen, containing four hundred acres, in township one south, of range ten Ind^na confirm 1 west ^ *k e second meridian, Indiana, which has been made in favor of ed to Sylvester Nathaniel Ewing as assignee of the claim number fourteen hundred T. Jerauld, as- and ninety-nine, entered in favor of the heirs of H. Richard in the re- signee of H. por t dated thirty- first December, eighteen hundred and nine, of the commissioners at Kaskaskia, Illinois, be, and the same is hereby, con- firmed, and the President of the United States is hereby authorized, upon the production of the General Land Office of a patent certificate When patent from the register at Viucenues, Indiana, for said claim, to cause a pat- to issue. ent to be issued therefor to the said Sylvester T. Jerauld as assignee of INDIANA. 137 the interest of the original claimant : Provided, That this act, and the Proviso, patent which may be granted in pursuance of the same, shall only operate as a relinquishment on the part of the United States and shall in no way prejudice any valid adverse right if such exist, to the said land. No. 310. AIST ACT to continue, temporarily, the offices of register and receiver at j> e t,. 13 1355. Vincennes. Vol. 10, p. 607. Be it enacted, #c., That the offices of register and receiver shall be ffl . continued at Vincenues, Indiana, until after a final report shall have ter and recei ^ ei ! been made by the commissioners pursuant to the act of Congress, ap- a t Vincennes con- proved July twenty- seventh, eighteen hundred and fifty-four, entitled tinued. "An act to ascertain and adjust the titles to certain lands in the State of Indiana," and the act of Congress approved twelfth June, eighteen hundred and forty, for the discontinuance of land offices, under certain circumstances, shall not apply to the offices at Vincennes, until the serv- ices required by the aforesaid act of twenty-seventh July, eighteen hundred and fifty-four, of the commissioners, shall have been folly performed, (a) (a) See Nos. 196, 205, 207, 231, 237, 238, 247, 256, 265, 297, 312, 314, 316. No. 311. A^ ACT to transfer certain rights and duties conferred upon the trus- June 2, 1856. tees of the town of Vincennes, Indiana, to the common council of the city of Vin- Vol. 11, p. 17. cennes. Be it enacted, #c., That all the rights and duties conferred upon the Rights and trustees of the town of Vincennes, in the State of Indiana, under the act duties transfer- entitled " An act to adjust the claims to lots in the town of Vincennes, red to common and for the sale of the land appropriated as a common for the use of the ennes C inhabitants of the said town," approved the twentieth day of April, eighteen hundred and eighteen, be, and the same are hereby, transferred to and vested in the common council of the city of Vincennes, in said State, (a) (a)SeeNos. 191, 227. No. 31 2. A~N ACT to continue the land offices at Vincennes, Indiana, and to ascer- Aug. 18, 1856. tain and adjust the titles to certain lands in the States of Indiana and Illinois, for- Vol. 11, p. 140. merly included within the Vincennes land district. Be it enacted, Indiana. of the Interior shall, so soon as said partition is made, cause patents to 8U e att issue to the several persons to whom partition is made under this act, conveying in fee to each the tract of laud so set apart to him or her, which shall entitle the owner thereof to the use, occupancy, and control of the same against all claims whatsoever : Provided, That after the date Af terpartition, of partition the said lands shall become subject to the laws of descent } ands subject to of the State of Indiana the same as other lands in said State. of^nd^ana. 68 ' SEC. 4. That said lands shall never be subject, in any time to come, Lands not to to any debt contracted, the consideration of which passed, in whole or be subject to, &c. part, prior to the date of partition thereof; nor shall said lands be sub- ject to levy, sale, forfeiture, or mortgage, nor to any lease for a longer period at any one time than three years (to be in writing in all cases), prior to the first day of January, eighteen hundred and eighty-one ; nor shall said lands be disposed of, contracted, or sold by the owners thereof, under this partition, prior to the first day of January, eight- een hundred and eighty-one : Provided, That the same shall be subject To be subject to taxation as other property under the laws of the State of Indiana* taxation at ter, on and after that date. SEC. 5. That the members of said band, and their descendants, shall Members of become citizens of the United States on the first day of January, eigh- J^' e accepted and such colleges established," is hereby extended so that the State of Indiana shall have the period of two years after the first day of July, eighteen hundred and seventy-two, within which to pro- vide at least one college, as described in the fourth section of an act itled "An act donating public lands to the several States and [tones which may provide colleges for the benefit of agriculture the mechanic arts," approved July second, eighteen hundred and sixty- two. No. 320.- AN ACT to release to the State of Indiana the lands known as the bed j an 11 1873 of Beaver Lake, in Newton County, in said State. v3' fg p 409 Be it enacted, fo., That the lands in Newton County in the State of -^I idiana, known as the bed of Beaver Lake, the same having been in NewSn rSS? drained and reclaimed at the expense of the State of Indiana and ly Indiana re~- Bsignees be, and the same are hereby, released and quit-claimed to leased to that the State of Indiana. State. 142 INDIANA. March 3, 1873. No. 331. AN ACT authorizing the award to the Vincennes University of certain Vol. 17, p. 614. vacant and abandoned lands in Knox County, Indiana. ' ~ 77 Whereas, it is alleged that there are certain parcels of abandoned lands in Knox County, Indiana, which are covered by old Vincennes donation claims, which have become abandoned and to which there is no subsisting confirmation or settlement by individuals as owners un- der confirmation : Therefore, Patent to issue Be it enacted, fc., That it shall and may be lawful for the Vincenues University" f or University, a corporation existing under the laws of the State of In- land awarded to diana, to file in the United States district court for the district of In- it by decree of diana a petition descriptive of such abandoned and unclaimed donations court, in Knox County of that State, accompanied by such testimony as may be relied upon in support of the said alleged abandonment, with evi- Proceedings to dence that such list has been published for a period of at least three obtain the decree, months in Knox County and calling on all parties to show cause, if cost. 9 6 8ucl1 exis tj why such tracts or parcels of land should not be declared va- cant ; and thereafter in such cases as the said court shall find the tracts to be abandoned and not claimed by any individuals under any con- firmation, or otherwise, it shall have power to render a decree accord- ingly, and upon such decree being deposited in the General Land Office, with a patent certificate from the register of the land office at Indian- apolis, Indiana, a patent shall issue to the said Vincennes University for the parcels of land so decreed as abandoned and awarded to said Patent, &c.,not university : Provided, That all proceedings in the premises shall be at to affect adverse the cost of said university, and that the patents so issued shall operate to omifolftim onl y a8 a quit-claim on the part of the United States, and shall not af- &c. ' feet the valid adverse rights of any person should such hereafter be found to exist ; and such patents and decrees shall have no effect upon or in respect to such adverse rights, (a) (a) See Nos. 191, 200, 205, 210, 211, 214, 308, 312, 313. Vof I?' 18 12 6 1 No * 323< AN ACT makin S appropriations, &c. [Land office at Indianapolis, Indiana, abolished. See OHIO, No. 189.] 187 . 8 - No. 323. AN ACT for the relief of Joseph F. Wilson. p. 040. Be it enacted, #c., That the Commissioner of the General Land Office, son under the direction of the Secretary of the Interior, be, and he is hereby, Land warrants authorized and required to issue to Joseph F. Wilson, or his legal rep- to be issued to. resentatives, a number of warrants equal to two hundred acres, in tracts not less than the subdivisions provided for in the United States land laws, to be located by the said Wilson, or his legal representatives or assigns, on any of the unoccupied and unappropriated public lands of the United States, subject to pre-emption or homestead entry, in lieu of the southwest quarter of section twenty-nine, in township twenty- five north, of range four west, situate in White County, Indiana, and the southwest quarter of the southwest quarter of section thirty-five, in township thirty-eight north, of range four east, situate in Elkhart County, Indiana, which said tracts of land were entered by and pat- ented to William Voight, Josiah Smith, and John H. Smith, under and by virtue of the provisions of the acts of Congress approved June eighth, eighteen hundred and seventy-two, and March third eighteen hundred and seventy- three, relating to additional homesteads, and by the said William Voight, Josiah Smith, and John H. Smith, after their said entry, sold and conveyed to the said Wilson, and of which the said Wilson was divested and dispossessed by the judgments and der crees of the circuit court of the United States for the district of In- diana, at the November term, anno Domini eighteen hundred and sev- enty-six, thereof, by reason, as the said court held and decided, of a prior disposal of said lands by the United States to persons other than the said WiJliam Voight, Josiah Smith, and John H. Smith ; and the said Wilson or his legal representatives or assigns, after the location of the said warrants on such lands as he or they may select, shall be allowed patents for the lands so located. INDIANA. 143 And the lands taken, selected, and located, as authorized and pro- vided by this act, shall be in full satisfaction of any claim, right, or benefit which the said William Voight, Josiah Smith, and John H. Smith may have, or may have had, under and by virtue of the said acts of Congress, as well as in full satisfaction of any claim which the said Wilson, as assignee, or grantee of the said William Voight, Josiah Smith, and John H. Smith, may have, or may have had, against the United States. SEC. 2. And the patent for the southwest quarter of section twenty- James S. Chil- nine, in township twenty-five north, of range five west, issued to James ton. S. Chilton, on his location of military bounty-land warrant number six Surrender of hundred and sixty-four, under the act of February eleventh, eighteen andi8?ue S ?f corl hundred and forty-seven, may be surrendered and duly relinquished to rec t one. the United States ; whereupon a patent shall be issued in the name of said James S. Chilton for the southwest quarter of section twenty-nine, in township twenty-five north, of range four west, being the tract intended to be located by him, and the entry of said tract in said range five by said Chilton to be canceled. But nothing contained in this sec- tion shall be construed to limit or qualify the rights of said Wilson under this act, except that, before the warrants herein authorized and provided for in his favor shall issue, he shall relinquish and reconvey to the United States the lands of which he was so divested or dispos- ILLINOIS. March 3, 1791. No. 324. AN ACT for granting lands to the inhabitants and settlers of Vincennes Vol. 1 p. 221. and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions, (a) . Grant to P. SEC. 7. And be it further enacted, That two lots of land heretofore in Gibanlt and St. the occupation of the priests at Cahokia, and situated near that village. Jam Beouvais. ^ and t he game is h ere b y granted in fee to P. Gibault ; and that a tract of land at Kaskaskia, formerly occupied by the Jesuits, be laid off and confirmed to St. Jam Beouvais, who claims the same in virtue of a purchase thereof. Donation lands SEC. 8. And be it further enacted, That so much of the act of Congress to be. laid out ac- o f the twenty-eighth of August, one thousand seven hundred and eighty- Co^ grlss^June e ^g^t, as refers to the locations of certain tracts of land directed to be j'.>. n?-. run out and reserved for donations to the ancient settlers in the Illinois country, be, and the same is hereby repealed, and the governor of the said territory is directed to lay out the same, agreeably to the act of Congress of the twentieth of June, one thousand seven hundred and eighty-eight. (a) See Nos. 191, 324, 325, 329, 331, 336, 337, 338, 352, 438. March 3, 1807. Hfo. 325. AX ACT confirming claims to land in the district of Vincennes ; and Vol. 2, p. 446. other purposes. Register and SEC. 6. And be it further enacted, That the register and receiver of receiver of Kas- public monies in the district of Kaskaskias, be allowed till the first a^ 8 rttf t T day of December next, to complete the investigation of claims to laud Add ti al in the sair any out- lot for less than at the rate of five dollars an acre. (&) j-han eight dol- (a) See Nos. 333, 340, 342, 344, 370, 386. (b) See Nos. 330, 332, 334, 336, 337, 338, 339, 341, 351, 360, 370, 374, 389, 432, 433, 440. 10 L O VOL II 146 ILLINOIS. May 1, 1810. No. 329. AX ACT confirming the decisions of the commissioners in favour of the VoL 2, p. 607. claimants of land in the district of Kaskaskia. Decisions of Re ^ enacted, c., That all the decisions made by the commissioners the commission- appointed for the purpose of examining the claims of persons claiming ers confirmed, lands in the district of Kaskaskia, in favour of such claimants, as entered in the transcript of decisions, bearing date the thirty-first day of Decem- ber, eighteen hundred and nine, which have been transmitted by the said commissioners to the Secretary of the Treasury according to law, be. and the same are hereby confirmed, (a) (a) See Xos. 191, 324, 325, 327, 331, 336, 337, 338, 352, 438. Feb. 25, 1811. No. 330. AX ACT providing for the removal of the land office established at Vol. 2, p. 649. Xashville, * * *. [Register and receiver in district of Kaskaskia to conduct public sales of lands. See MISSISSIPPI, No. 1279.] Feb. 20, 1812. No. 331 . AX ACT for the revision of former confirmations, and for confirming cer- Vol. 2, p. 677. tain claims to land in the district of Kaskaskia. Register and Be it enacted, <$-c., That the register and receiver of public monies of the receiver of the ] ;in( i office at Kaskaskia, and such other person as the President of the k^ktato taqnfre ^nited States shall appoint for that purpose, be, and they are hereby into validity of authorized to examine and inquire into the validity of claims to land in certain claims to the district of Kaskaskia, which are derived from confirmations made, lan d- or pretended to have been made, by the governors of the Northwest employed by aD( ^ Indiana Territory, respectively. They shall employ a clerk, and them. ' shall, in relation to the claims aforesaid, have, in every respect, the Report to be same powers which had been vested in the commissioners appointed to made to Secre- ascertain the claims to land in the said district. And they shall report urv. whkfh iTto to t . he Secretary of the Treasury, to be by him laid before Congress at be' laid before their next session, their opinion on each of the claims aforesaid. Congress. SEC. 2. And be it further enacted, That the commissioners and clerk, Commissioners, appointed by this act, and such agent, as may be appointed on behalf thSr' compln'sa- of the United States by the Secretory of the Treasury, shall each receive tion ; how to be five hundred dollars in full for the services performed by them under paid. this act ; which compensation, and also the contingent charges for office rent, fuel, stationery and summoning witnesses on the part of the United States, shall be paid out of the monies appropriated by law for surveying the public lands of the United States. D ecisions of g E c. 3. And be it further enacted, That the decisions made by the com- ' m i 8S i ners heretofore appointed for the purpose of examining the claims firmed. ^ persons to lands in the district of Kaskaskia, in favour of such claim- ants to town or village lots, out-lots or rights in common, to commons and common-fields, as entered in the transcripts of decisions, bearing date the thirty-first day of December, one thousand eight hundred and nine, which have been transmitted by the said commissioners to the Secretary of the Treasury, according to law, be confirmed to all such Proviso as to rightful claimants according to their respective rights thereto : Pro- vMed, That nothing herein contained, shall be construed to confirm any particular decision, heretofore made in favour of any individual, or to affect the right of any other individual claiming the same land ; but such conflicting claims shall be decided according to law by the proper tribunal, (a) (a) SeeXos. 191, 324, 325, 327, 329, 336, 337, 338, 352, 438. Feb 21 1812 ^ 332. AX ACT to establish a land district in the Illinois Territory, east of the Vol 2 p. 684. district of Kaskaskia, and to attach certain public lands to the district of Jefferson- '_2J- !_ ville. Land district Be it enacted, . 334. AN ACT giving the right of pre-emption in the purchase of lands to cer Feb. 5, 1813. tain settlers in the Illinois Territory. Vol. 2, p. 797. Be it enacted, fa,, That every person, or legal representative of every Inhabitants person, who has actually inhabited and cultivated a tract of land lying an< * cultivators in either of the districts established for the sale of public lands, in the ^stricts esteS Illinois Territory, which tract is not rightfully claimed by any other lished for the person, and who shall not have removed from said Territory; every sale thereof , enti- such person and his legal representatives shall be entitled to a prefer- ii ed ,$J^j[f nce ence in becoming the purchaser from the United States of such tract of land at private sale, at the same price and on the same terms and con- ditions in every respect, as are or may be provided by law for the sale of other lands sold at private sale in said Territory, at the time of mak- ing such purchase : Provided, That no more than one quarter-section of onequarfer-se^ land shall be sold to any one individual, in virtue of this act ; and the tion to be sold to same shall be bounded by the sectional and divisional lines run, or to any individual, be run, under the direction of the surveyor-general for the division of ^. ^"^ to te the public lands : Provided also, That no lands reserved from sale by reservedbv^o? former acts, or lands which have been directed to be sold in town lots, meracts. and out-lots, shall be sold under this act. SEC. 2. And ~be it further enacted, That every person claiming a pre- Persons claim- ference in becoming the purchaser of a tract of land, in virtue of this! n s a preference act, shall make known his claim, by delivering a notice in writing, to deh^ernotice in the register of the land office, for the district in which the land may lie, writing to the wherein he shall particularly designate the quarter-section he claims ; register of the which notice the register shall file in his office, on receiving twenty-five land office > & - cents from the person delivering the same. And in every case where it shall appear to the satisfaction of the register and receiver of public monies of the land office, that any person, who has delivered his notice If a person ia of claim, is entitled, according to the provisions of this act, to a prefer- entitled to a pref- ence in becoming the purchaser of a quarter-section of land, such per- erence he may son so entitled shall have a right to enter the same, with the register of enter the same - the land office, on producing his receipt from the receiver of public monies for at least one-twentieth part of the purchase money, as in case of other public lands sold at private sale : Provided, That all lauds to be Proviso, sold under this act shall be entered with the register, at least two weeks before the time of the commencement of the public sales, in the district wherein the land lies : and every person having a right of preference in becoming the purchaser of a tract of land, who shall fail so to make his entry with the register, within the time prescribed, his right shall be How the forfeited, and the land by him claimed shall be offered at public sale ^ with the other public lands in the district to which it belongs, (a) (a) See Nos. 328, 330, 332, 336, 337, 338, 339, 341, 351, 360, 370, 374, 389, 432, 433, 446. 148 ILLINOIS. March 28 1814 ^* *^5. -^-^ ACT concerning Shawneetown. Vol. 3, p. 113. g e n ena cted, $c., That a tract of land not exceeding two sections, in A town to be the Illinois Territory, adjoining Shawneetown, shall, nnder the direc- laid off. tions of the surveyor-general, be laid off into town lots, streets, and ave- nues, and out-lots, in the same manner, under the same restrictions, a are prescribed by the sixth section of the act entitled "An act providing for the sale of certain lands in the Indiana Territory, and for other pur- poses," approved the thirtieth day of April, one thousand eight hundred and ten. And it shall be the duty of the surveyor-general, or the per- son by him authorized to carry this act into effect, to select the two sections so as to extend the said town to the high lands in the rear of the town as it is now laid out. Lots to be of- SEC. 2. And be it further enacted, That the lots in said town shall be fered for sale. offered for sale at the same time, and on the same terms and conditions as are provided by the sixth section of the before-recited act. (a) (a) See Nos. 361, 376. April 16, 1814. No. 336. AX ACT confirming certain claims to land in the Illinois Territory, and Vol. 3, p. 125. providing for their location. Certain claims Be it enacted, <$-c., That the decisions made by the commissioners (ap- confirmed. pointed in pursuance of the act, entitled "An act for the revision of former confirmations, and for confirming certain claims to land in the district of Kaskaskia," passed the twentieth day of February, one thou- sand eight hundred and twelve) where such decisions were in favor of the claims, and where the commissioners have reported specially and have not rejected the claims; all such claims as entered in their report to the Secretary of the Treasury, bearing date the fourth day of Jan- uary, one thousand eight hundred and thirteen, shall be and the same are hereby confirmed. Claims trans- SEC. 2. And be it further enacted, That all the claims contained in a list mitted by Mi- transmitted to the Secretary of the Treasury by Michael Jones, one of chaeKTones con- the commissioners aforesaid, bearing date the eighteenth day of Janu- ary, one thousand eight hundred and thirteen, shall be and the same hereby are confirmed: Provided, That any person who may have re- ceived a militia right, shall not receive in addition thereto more than three hundred acres of land by virtue of this section ; and it shall be the duty of the Commissioner of the General Land Office to enter the Proviso. list aforesaid of record in his office: And provided also, That nothing in this act shall prevent or bar a judicial decision between persons claiming the same original title or claim. Boundaries of SEC. 3. And be it further enacted, That all that tract of land included reservation to within the following boundary, viz : Beginning at the township line satisfy unlocated nearest to and above the mouth of Big Muddy River, on the Mississippi River ; thence east to the meridian line running from the mouth of the Ohio River, thence north with the said meridian line to the north bound- ary lines of township number, five north ; thence west to the Missis- sippi River, thence down the same to the beginning, shall be, and the same hereby is reserved and set apart to satisfy the unlocated claims of persons to land within the Illinois Territory confirmed to them hereto- fore or by this act. (a) Actual settlers SEC. 4. And be it further enacted, That any person or persons residing atitled to pre- w jthin the tract reserved by this act, and who had actually cultivated or improved any tract of land therein, before the fifth day of February, one thousand eight hundred and thirteen, not rightfully claimed by any other person , shall be entitled to a pre-emption in the purchase of such tract Proviso. of laud including the improvement ; Provided, That the purchaser shall not enter less than one quarter-section or more than one section ; and any person claiming a pre-emption in the purchase under this act, who may be the owner of any unlocated confirmed claim which may be located within the tract aforesaid, shall be and is hereby authorized to deliver to the re- ceiver of public money for the district within which the land lies, the evi- dences of his or their claim, which shall be received as payment for the quantity of land such person or persons would have been entitled to locate by virtue thereof ; and in all cases where the land purchased shall not be completely paid for by the evidences of confirmed claims, the residue of the land shall be paid for at the same price, in the same manner, un- ILLINOIS. 149 the same restrictions, and liable to the same forfeiture, as other public lands sold at private sale. SEC. 5. And be it further enacted, That it shall be the duty of the reg- .Notice to be ister of the land office for the district of Kaskaskia, to give notice that ff Jan^offce at all persons entitled to a pre-emption in the purchase of any tract of Kaskaskia, that land by virtue of this act, may make such purchase on application to persons claiming him at his office on or before the first day of October next; and any p.re-emption person failing or refusing to enter with the register of the land office the f f ^a r ^ ay c ' land by such person improved, on or before the first day of October next, shall lose the right of pre-emption given by this act. (&) SEC. 6. And be it further enacted, That after the first day of October After October l, next, it shall be lawful for any person or persons being the owner of any owners of unlo- unlocated confiriried claim, to enter with the register of the land office ^J^ 8 ^^Mbit for the Kaskaskia district, any quantity of land within the reserved their claims, &c. tract aforesaid, not exceeding one quarter- section more than the quan- tity of acres contained in his claim or claims, and to deliver to the receiver of public money the evidence of his claim, which shall be received in payment for the number of acres specified therein, and the residue of the land thus entered which may exceed the amount of con- firmed claims thus paid in, shall be paid for at the same price and in like manner as the other public lands of the United States sold at pri- vate sale. And if two or more persons shall make applications at the same time to enter the same tract or tracts of land, the priority of right to enter shall be decided by lot. in the presence of the register of the land office ; and any person or persons failing or refusing to enter or locate his claim within the reserved tract aforesaid, according to the provisions of this act, on or before the first day of May, one thousand eight hundred and fifteen, shall forfeit all right or claim against the United States, derived from confirmations under this act or any former law. SEC. 7. And be it further enacted, That it shall be the duty of the regis- certificates to ter of the land office for the Kaskaskia district, to make out a certificate be given by reg- of confirmation to each person whose claim or claims are confirmed by ister of land office this act, or by any former law, within the territory of Illinois; aud fo . rK . a8ka8 ^ ia such certificate shall specify the quantity of land confirmed to the dlstnct > &c - holder thereof, and shall be sufficient evidence of claim, within the meaning of this act, to entitle the owner or holder thereof to a credit with the receiver of public moneys, for the quantity of land mentioned in such certificate, within the reserved tract aforesaid ; and the register of the land office shall receive the sum of seventy-five cents from the person demanding and receiving such certificate. SEC. 8. And be it further enacted, That patents shall be obtained for patents to be lands entered under this act, in the reserved tract aforesaid, in the same granted as for manner'and on the same terms as are provided by law for other public other lands, lands of the United States. (a) See N"os. 191, 324, 325, 327, 329, 331, 337, 338, 352, 438. (6) See Nos. 328, 330, 332, 334, 337, 338, 339, 341, 351, 360, 370, 374, 389, 432, 433, 440. No. 337. AN ACT to amend and extend the provisions of the act of the sixteenth Feb. 27 1815. of April, one thousand eight hundred and fourteen, entitled "An act confirming Vol 3 p 218 certain claims to land in the Illinois Territory, and providing for their location." Be it enacted #c., That the western boundary of the tract of country Western boun- upo'n the river Mississippi, to\he middle thereof, so as to include all sSsippt between islands in said river, between the middle and eastern margin, through- the middle and out the length of said line ; and that all or any of the said islands eastern margin shall be subject to be appropriated under the said recited act. (a) SEC. 2. And be it further enacted, That the proviso contained in the Proviso of a fourth section of the before-recited act be repealed, so far as it regards former act re- persons settled on fractions of sections or quarter- sections containing P ealed 80 far w less than one hundred and sixty acres ; and that such persons under the Iwf^f^tin like circumstances shall be considered as entitled to all the rights, ben- of aecWonsT&c fits, and advantages, specified in the said fourth section, as those set- tled on sections or quarter sections, and also, to any right, privilege, or advantage secured by this act: Provided however, That such persons Proviso. 150 ILLINOIS. shall not be permitted in such cases to take less than the whole quan- tity of such fractional quarter-section on which they are respectively settled. Settlers on SEC. 3. And be it further enacted, That every person or persons, who lands reserved settled on and improved any of the lands in the said Territory, reserved for the use of f or the use of schools or seminaries of learning, (fc) before the fifth day to the pre emp of February, one thousand eight hundred and thirteen, and who would tion of the like have had the right of pre-emption thereto, had not the same been re- quantity of other served as aforesaid, shall be entitled to the pre-emption of the like q 11 ^ 1 ^ of oth . er land > u P on the 8ame terms > and under the same re- . the proper boun- strictions, provided by the fourth section of the said recited act, to be dary. located on any lands within the boundary specified in this and the said recited act, not otherwise appropriated ; and such persons shall also be entitled to the benefit of, and subject to, the restrictions contained in this act. Persons who SEC. 4. And be it further enacted, That all and every person or per- failed to locate sons entitled to the pre-emption of lands, under the fourth section of their claims, en- the before-recited act, who failed to locate their claims within the time emption upon limite< i in said act, and which lands have been appropriated by others, other unappro- shall be entitled to the pre-emption of the like quantity, as they could priated 1 and s have appropriated under the said act, or under the provisions of this within the boun- ac t } to be located on any land within the boundary specified in this and the said recited act, not previously appropriated. Persons enti- SEC. 5. And be it further enacted, That all and every person or persons, tied to pre-emp- entitled to the pre-emption of lands under the provisions of this act r tion to be goy- 8 h a ll conform to and be governed by the rules prescribed in the said i rules C im recited act > in locating, proving, and completing their titles respectively, ! except in cases where the same is changed by this act. Public notice SEC. 6. And be it further enacted, That it shall be the duty of the reg- to be given that ister of the land office for the district of Kaskaskia, to give notice by madedto "^ a . n advertisement inserted for one month in at least one newspaper pub- lished in the said Territory, to all persons entitled to a pre-emption in the purchase of any tract of land, by virtue of this or the before-re- cited act, that they may make such purchase, on application to him at his office, on or before the first day of May, in the year one thousand Persons failing ei g nfc hundred and sixteen ; and every person failing or refusing to en- to enter landster with the said register, the land to which the right of pre-emption with the register, is so secured, notice being given as before mentioned, within the time lose their right, aforesaid, shall lose his, her, or their right of pre-emption, (c) Locations of SEC. 7. And be it further enacted, That the locations of any confirmed any claim by au- claim, made bv virtue of any authority given by the commissioners ap- pointed to examine the claims of persons to land in the Illinois Ten-i- nane n- tory5 8hall be> al j d fhe 8ame are hereby confirmed : Provided, That the Proviso. provisions of this section shall not be so construed as to extend to any locations made by any person or persons without any authority from the commissioners aforesaid ; nor shall it affect the claims of any other person or persons, (d) Commission on &EC. 8. And be it further enacted, That the register and receiver of confirmed claims, public moneys of the land office at Kaskaskia, shall be allowed the same to the commis- commission respectively, on the confirmed claims which have been or Ma 061 IS " sba11 be received in payment for land entered at the said office, as they are now entitled to, on moneys received in payment for lands sold, cal- culating the value of the confirmed claims .at the rate of two dollars per acre. Ann Gilham SEC. 9. And be it further enacted, That it shall be lawful for Ann Gil- Sfna^roor'^J Dam to locate anv unappropriated quarter-section within the Illinois quarter-section. Territory, and whenever the said Ann Gilham shall enter with the reg- ister of the land office at Kaskaskia, any unappropriated quarterrsec- tion, it shall be the duty of the register to issue to the said Ann Gil- ham, a certificate, specifying therein the quarter- section so located : and it shall be duty of the Commissioner of the General Land Office to issue a patent for the land so located, whenever the certificate aforesaid shall be presented to him for that purpose. (a) See Nos. 326, 346, 347, 378, 394. (b) See Nos. 338, 342, 346, 356, 408, 413, 418, 443, 444. (c) See Nos. 328, 330, 332, 334, 336, 338, 339, 341, 351, 360, 370, 374, 389, 432, 433, 440. (d) See Nos. 191, 324, 325, 327, 329, 331, 336, 338, 352, 438. ILLINOIS. 151 NO. 338. AN ACT making further provision for settling claims to land in the Ter- April 26, 1816. ritory of Illinois. Vol. 3, p. 307. Be it enacted, tf c., That everv person, and the legal representatives of Further time every person, who, before the"fif th day of February, one thousand eight allowed to cer- hundred and thirteen, settled on and improved any tract of land re- Jg pSSitoSmds served for the use of schools or seminaries of learning, and who, had O f lne United not the same been reserved, would have had the right of pre-emption States for mak- within the tract of country set apart by the third section of the act of in g g od their the sixteenth day of April, one thousand eight hundred and fourteen, Jjiht" 6m entitled " An act confirming certain claims to land in the Illinois Terri- tory, and providing ior their location," to satisfy the unlocated claims to land in the said territory, shall be, and they hereby are authorized and allowed, until the first day of October, one thousand eight hundred and sixteen, to enter the same, for purchase, with the register and re- ceiver of public moneys of the laud office at Kaskaskia ; and it shall be the duty of the register and receiver to enter the same for purchase, according to the provisions of this and the said recited act: Provided, That such person or persons shall not have entered, in right of pre- emption, other lands in lieu thereof, in virtue of the third section of an act to amend the aforesaid act, passed the twenty-seventh day of Feb- ruary, one thousand eight hundred and fifteen. SE*C. 2. And be it further enacted, That the register and receiver of Register and public money shall have power, and they are hereby authorized to select Deceiver of pub- any other vacant and unappropriated lands within the tract set apart j^ ^ select oth- to satisfy confirmed claims as aforesaid, in lieu of such of the lands er lands than formerly reserved for a seminary of learning, and for the support of those settled up- schools, as have been appropriated in satisfaction of ancient grants or ^ r an j| reserve d confirmed improvement claims, or as shall be entered in right of pre- schools, &c 8 , 6 for emptiou, according to the provisions of the preceding section of this satisfying 'the act : Provided, That the lands thus to be selected shall be taken as near pre-emption, adjacent to those in lieu of which they are selected as an equal quan- Provi8 - tity of land of like quality can be obtained, and shall be reserved and appropriated for the same purpose, (a) SEC. 3. And be it further enacted, That the provisions of the second Provisions of section of an act passed the twenty-seventh day of February, one actof 1815 toex- thousand eight hundred and fifteen, respecting the settlers on the frac- tend to settlers tional sections and quarter- sections within the aforesaid reserved tract, on a fractional shall extend to all other settlers on the fractional section or quarter- section within sections within the Kaskaskia district. dfetrio? askaskia SEC. 4. And be it further enacted, That all the claims filed in the name claim's report- of the original claimants, or their heirs, not exceeding four hundred ed by Michael acres, contained in a list transmitted to the Commissioner of the Gen- Jones, register, eral Land Office, by Michael Jones, register, and S. Bond, receiver of JgJJ- >f the land office of the district of Kaskaskia, bearing e d. w -ninth day of March, one thousand eight hundred and fifteen, be, and they hereby are confirmed to the original claimants or 'fVlOIT* lliilVu P/*/\/lM,-?/j/7 r Pl-oi- +Vi Cjrt-i/1 rtlniVYlCI TlOfoVkTT /r\Yl-flTmk/1 \\tl t*-r\f\ oo S n full their heirs : Provided, That the said claims, hereby confirmed, be, and Proviso, they hereby are deemed and taken to be unlocated claims, and they shall not in any wise defeat or interfere with locations made in virtue of other authorized claims on lands improved by the said claimants or others. SEC. 5. And be it further enacted, That the claimants whose claims are Further time nfirmed by virtue of the fourth section of this act, and all others law- allowed to claim- lly holding confirmed unlocated claims for lands within the tract re- ants to register served by the before-recited act of the sixteenth day of April, one their cl a ims - thousand eight hundred and fourteen, be allowed until the first day of October, one thousand eight hundred and sixteen, to register the same : and the said claims shall be receivable in payment for public lands, within the said reserved tract, conformably with the provisions of the last above-mentioned act, and of the present act, any time prior to the " rst day of October, one thousand eight hundred and sixteen. (6) SEC. 6. And be it further enacted, That all persons, or their legal repre- Further time tatives, entitled to the right of pre-emption of lands within the allowed for mak- undary specified in the before-recited act of the sixteenth day of J. n h g e 6 S!t April, one thousand eight hundred and fourteen, which lands have not land office, been surveyed under the authority of the United States, shall be, and they hereby are allowed, a further time for making their entries with the register of the land office, until the lands upon which they have respectively settled and improved bhall be surveyed by the United States, and until the expiration of six months next thereafter, (c) 152 ILLINOIS. Persons whose SEC. 7. And be it further enacted, That every person and the ~ & ^ ^ 1 ,- feted* t e provided by law for the sale of public lands, in the district of Kaskaskia, provided that no tract of land, excepted from the sale by virtue of any former act, shall be sold by virtue of this act. (6) (a) See Xos. 196, 332, 350, 360, 363, 374, 383, 389, 449. (b) See Nos. 328, 330, 332, 334, 336, 337, 338, 341, 351, 360, 370, 374, 389, 432, 433, 440. April 29, 1816. No. 34O. AN ACTto provide for the appointment of astirveyorof the public lands Vol. 3, p. 325. in the Territories of Illinois and Missouri. Surveyor of e ^ ewctc ^> $ c "> That a surveyor of the lands of the United States in public lands in the Territories of Illinois and Missouri shall be appointed, whose duty the Territories of it shall be to engage a sufficient number of skilful surveyors as his depu- Illinois and Mis- ties, and to cause so much of the land above mentioned, as the President po?nted his du- of the United States shall direct, and to which the titles of the Indian ties. tribes have been extinguished, to be surveyed and divided in the manner, and to do and perform all such other acts in relation to such lands, as the surveyor-general is authorized and directed to do, in relation to the same, or the lands lying northwest of the river Ohio : and it shall also be the duty of the surveyor to cause to be surveyed the lands in the said Territories, the claims to which have been or hereafter may be confirmed by any act of Congress, which have not already been surveyed Duties. according to law : and generally to do and perform all and singular the duties required by law to be performed by the principal deputy surveyor for the Territory of Missouri ; and shall transmit to the registers of the land offices within the said Territories, respectively, general and particu- lar plats of all the lands surveyed, or to be surveyed, and shall also for- ward copies of said plats to the Commissioner of the General Land Office ; fix the compensation of the deputy surveyors, chain-carriers, and Proviso. axe-men. Provided, That the whole expense of surveying and marking the lines shall not exceed three dollars for every mile that shall be run, surveyed and marked. His compensa- SEC. 2. And be it further enacted, That the surveyor of the lands of the tion, annnal, and jjmted States, appointed in pursuance of this act, shall be allowed an ice * annual compensation of one thousand dollars, and shall be entitled to receive from individuals the following fees : that is to say, for recording ILLINOIS. 153 the surveys executed by any of the deputies, at the rate of twenty-five cents for evey mile of the boundary line of such survey, and for a certi- fied copy of a plat of a survey in his office twenty-five cents, and that all the plats of surveys, and all other papers and documents pertaining, or which did pertain to the office of the surveyor-general under the Spanish Government within the limits of the Territory of Missouri, or to theojfice of principal deputy surveyor for said Territory, or pertaining to tne office of surveyor-general, or to any office heretofore established or authorized for the purpose of executing or recording surveys of lands within the limits of the Territories of Missouri and Illinois, shall be de- livered to the surveyors of the lands of the United States, authorized to be appointed by this act ; and any plat of survey duly certified by the 5" v ? ': said surveyor shall be admitted as evidence in any of the courts of the ev id e nce. United States or Territories thereof, (a) SEC. 3. And be it further enacted, That so much of the act entitled " An Part of the act act extending the powers of the surveyor-general to the Territory of of Feb. as, 1800, Louisiana, and for other purposes," passed February twenty-eighth, one re] thousand eight hundred and six, as provides for the appointment of a principal deputy surveyor, and so much of any act of Congress here[to]- fore passed, as is repugnant to, or inconsistent with, any provision of this act, be, and the same is hereby repealed. (a) See Nos.328, 333, 342, 344, 370, 386. IVo. 341. AN ACT concerning pre-emption rights given in the purchase of lands April 29, 116 to certain settlers in the State of Louisiana, and in the Territory of Missouri and Vol. 3, p. 330. Illinois. [See LOUISIANA, No. 729.] i\o. 342. AN ACT to authorize the survey of two millions of acres of the public April 29, 1816. lands, in lieu of that quantity heretofore authorized to be surveyed, in the Territory Vol. 3, p. 332. of Michigan, as military bounty lands. Be it enacted, er sixteen in every township, to be granted to the inhabitants of such ownship for the use of public schools, (d!) shall, according to the proyis- ons of the above-recited act, be set apart for the purpose of satisfying he bounties of land promised to the non-commissioned officers and oldiers of the late army of the United States, their heirs and legal epreseatatives, by the act entitled "An act for completing the existing military establishment, approved the twenty- fourth day of December, ue thousand eight hundred and eleven, and by the act, entitled "An 2.ct to raise an additional military force," approved the eleventh day of January, one thousand eight hundred and twelve. SEC. 2. And be it further enacted, That every person in whose favour Sections to be ny warrant for military land bounty is issued, shall be, and is hereby drawn by lot, and uthorized, to draw by lot one of the quarter-sections surveyed by virtue patents to be is- f this act, and shall obtain a patent therefor, in the same manner, in 8uedt 154 ILLINOIS. every respect, as is or shall be provided by law for patents to issue for other military land bounties, or , as is provided by the act first above recited for patents to issue for such lands, (e) (a) See Nos. 328, 333, 340, 344, 370, 386. (6) See Nos. 346, 369, 375, 379, 426, 445. (c) See No. 421. (d) See Nos. 337, 333, 346, 356, 408, 413, 418, 443, 444. (e) See Nos. 333, 343, 346, 353, 372, 407. March 27, 1818- No. 343. AN ACT extending the time for obtaining military land- warrants in cer- Vol. 3, p. 411. tain cases. [See MICHIGAN, No. 461a. J April 3, 1818. No. 344. AN ACT allowing additional salary and clerk hire to the surveyor for Vol. 3, p. 412. the Illinois and Missouri Territories, and for others purposes. Surveyor eTf Be it enacted, #c., That the surveyor of the lands of the United States lands in Illinois in the Territories of Illinois and Missouri, shall hereafter be allowed an and Missouri al- annual compensation of two thousand dollars, in lieu of the compensa- annum^in li?u r tion now tixed ty" law ' and sha11 also be allowed tnree clerks, whose &c> ' whole compensation shall not exceed two thousand dollars per annum, (a) Three clerks, SEC. 2. And be it further enacted, That the accounting officers of the &c. Treasury Department be authorized to adjust and settle the accounts ficers C U o n f 1D ? h e of William Kector, for his services as principal deputy surveyor, and Treasury to set- surveyor of the Illinois and Missouri Territories, and to allow him, in tie the accounts addition to his salary as fixed by law, the following fees, that is to say: of William Eec- for examining and recording the surveys executed by any of his depii- hini a the f ees t * es> at tne rate of twenty-five cents for every mile of the boundary line specified, in ad- of *^ e surveys executed under his direction in the offices aforesaid : dition to'salary. Provided, The allowance shall not be made on the surveys of private Proviso: no al- claims in any case where he has received, or is entitled to receive, siini- heTas 6 reeled lar fees from individuals, similar fees from (a) See Nos. 328, 333, 340, 342, 370, 386. individuals. April 3, 1818. No. 345. AN ACT for the relief of John Small. Vol. 6, p. 201. Be it enacted, <$-c., That John Small be, and he hereby is, confirmed in Land title con- hi s title to a tract of land, containing two hundred and fifty-five acres, situated on Embarass Creek, in the Illinois Territory, as the assignee of Nicholas Bayarjon ; which tract shall be limited to the quantity afore- said, and to the boundaries as claimed by said Bayarjon. April 18, 1818. No. 346. AN ACT to enable the people of the Illinois Territory to form a coiistitu- Vol. 3, p. 428. tion and State government, and for the admission of such State into the Union on an equal footing with the original States. The inhabi- Be it enacted, fc., That the inhabitants of the Territory of Illinois be, tants of Illinois and they are hereby, authorized to form for themselves a constitution for a Z co sft t0 an( ^ State government, and to assume such name as they shall deem tion, &c. "proper; and the said State, when formed, shall be admitted into the The State to be Union upon the same footing with the original States, in all respects admitted into the whatever. Union, &c. gEC 2. And be it further enacted, That the said State shall consist of Boundaries of all the territory included within the following boundaries, to wit ; Beginning at the mouth of the Wabash River ; thence, up the same, and with the line of Indiana, to the northwest corner of said State ; thence, east with the line of the same State, to the middle of Lake Michigan ; thence, north along the middle of said lake, to north lati- tude forty-two degrees thirty minutes ; thence, west to the middle of the Mississippi River ; and thence, down along the middle of that river, to its confluence with the Ohio River ; and thence, up the latter river, Proviso : the along its northwestern shore, to the beginning : Provided, That the con- convention to vention hereinafter provided for, when formed, shall ratify the bound- ratify the bound- arie8 aforesaid ; otherwise they shall be and remain as now prescribed wnfremain as by ^ v tne ordinance for the government of the territory northwest of the ordinance. river Ohio : Provided also, That the said State shall have concurrent jurisdiction with the State of Indiana on the Wabash River, so far as ILLINOIS. 155 said river shall form a common boundary to both, and also concurrent Proviso: con- jurisdiction on the Mississippi River, with any State or States to be gj e j* jg" Wa" formed west thereof, so far as said river shall form a common boundary basll< to both, (a) And also on tho SEC. 6. And be it further enacted, That the following propositions be Mississippi, and the same are hereby, offered to the convention of the said Territory g r r e Q p ^ {he of Illinois, when formed, for their free acceptance or rejection, which if convention of II- accepted by the convention, shall be obligatory upon the United States linois. and the said State. First. That section numbered sixteen, in every township, and, when . Section No. 16, said section has been sold or otherwise disposed of, other lands equiva- ahi p eve ^ fc^r lent thereto, and as contiguous as may be, shall be gran ted to the State, schools, for the use of the inhabitants of such township, for the use of schools. (&) g a i t springs Second. That all salt springs within such State, and the land reserved and land reserv- for the use of the same, shall be granted to the said State, for the use ed, &c., granted of the said State, and the same to be used under such terms, and condi- to tne state ' &c> tions, and regulations, as the legislature of the said State shall direct : Provided, The legislature shall never sell nor lease the same for a longer Proviso, period than ten years, at any one time, (c) Third. That five per cent, of the net proceeds of the lands lying within rive per cent, such State, and which shall be sold by Congress, from and alter the first net proceeds of day of January, one thousand eight hundred and nineteen, after deduct- J ale , 8 ^ th ? ul jij c iog all expenses incident to the same, shall be reserved for the purposes s^ate reserved. 6 following, viz : two-fifths to be disbursed, under the direction of Con- Two-fifths for gress, in making roads leading to the State ; the residue to be appro- roads, priated, by the legislature of the State, for the encouragement of learn- Tho residue to ing, of which one-sixth part shall be exclusively bestowed on a college ing&c ag or university, (d) Fourth. That thirty -six sections, or one entire township, which shall Thirty-six sec- he designated by the President of the United States, together with the SS?of2iw8nr? one heretofore reserved for that purpose, shall be reserved for the use O f learning. of a seminary of learning, and vested in the legislature of the said State, to be appropriated solely to the use of such seminary by the said legis- lature, (e) Provided always, That the four foregoing propositions, herein offered, are on the conditions that the convention of the said State shall Proviso, provide, by an ordinance irrevocable without the consent of the United States, that every and each tract of land sold by the United States, from Lands sold by and after the first day of January, one thousand eight hundred and the United States nineteen, shall remain exempt from any tax laid by order, or under any shall be free from authority of, the State, whether for State, county, or township, or any * J a , 8 e 8 other purpose whatever, for the term of five years from and after the And military day of sale : (/) And further, That the bounty lands granted, or hereafter bounty lands to be granted, for military services during the late war, shall, while they ^ M1 bb . I(l by continue to be held by the patentees, or their heirs, remain exempt, as SeirhSSto be aforesaid, from all taxes, for the term of three years, from and after free from taxes the date of the patents respectively : and that all the lands belonging f r three j ears. to the citizens of the United States, residing without the said State, $**:,*?***?* shall never be taxed higher than lands belonging to persons residing not to be taxed therein, (g) higher than those (a) See ISTos. 326, 337, 347, 378, 394. of residents. (6) See Nos. 337, 338, 342, 356, 408,413, 418, 443, 444. (c) See Nos. 342, 369, 375, 379, 426 445 (d) See Nos. 355, 373. (e) See No. 377. (/) See No. 169. (<7) See No. 425. I o. 347.-RESOLUTION declaring the admission of the State of Illinois into the De c- 3, 1818. Union. ^ ol - 3 P- S36 Resolved, $-c., That, whereas, in pursuance of an act of Congress, passed Preamble, on the eighteenth day of April, one thousand eight hundred and eight- een, entitled " An act to enable the people of the Illinois Territory to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States," the people of said Territory did, on the twenty-sixth day of August, in the present year, by a convention called for that purpose, form for them- selves a constitution and State government, which constitution and State government, so formed, is republican, and in conformity to the , principles of the articles of compact between the original States and the people and States in the territory northwest of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and 156 ILLINOIS. * Illinois a State eighty- seven : Resolved, $-c., That the State of Illinois shall be one,and of the Union, on is hereby declared to be one, of the United States of America, and ad- an equal footing. m jtted into the Union on an equal footing with the original States, in all respects whatever, (a) (a) See Nos. 326, 337, 346, 378, 394. March 3, 1619. No. 348. AN ACT granting a donation of land to the State of Illinois, for the seat Vol. 3, p. 525. of government of said State. Four sections Be '* enacted, $c., That there shall be granted to the State of Illinois granted to llli- four sections of land, or contiguous quarter- sections and fractions, not nois for a seat of exceeding the quantity contained in four entire sections, for the pur- pose of fixing thereon the seat of government for the said State ; which JSaSftS? lands 8ha11 be ^^ted in the manner provided by the thirtieth section Proviso of the 8chedule to the constitution of the said State: Provided, That such selection shall be made before the public sale of the adjoining pub- lic lands shall have taken place, (a) (a) See No. 356. May 1, 1820. Wo 349. AN" ACT confirming the proceedings of the inhabitants of the village of Vol e'p 242 Cahokia, in the State of Illinois, in laying out a town on the commons of said ' >y ' village. Proceedings of Be it enacted, ^e.. That the proceedings of the inhabitants of the vil- inhabitants of l age of Cahokia, in the State of Illinois, by their agents, Jesse B.Thomas, in out' Illinois Jonn Hav> Jonn Havs > Nicholas Jarrot, and Francis Turcotte, in laying City and distrib- oa t a town called Illinois City, on one of the tracts of land confirmed to rating lots, con- them as a common, by an act of Congress, passed on the twentieth Feb- firmed. ruary, one thousand eight hundred and twelve, and the distribution made by the said agents, of the lots amongst the inhabitants of said vil- lage of Cahokia, be, and the same are hereby, confirmed. J. B. Thomas SEC. 2. And be it further enacted, That the said Jesse B. Thomas, John and others au- Hay, John Hays, Nicholas Jarrot, and Francis Turcotte, or any three of vevThe lots dis- them be > and thev are hereby, authorized to convey, by deed, infee-sim- tributed by deed pl e > the lots that have heretofore been distributed as aforesaid, to those in tee-simple. persons, or their legal representatives, to whom distribution as aforesaid was made. May 11 1820. No. 350. AN ACT to establish additional land offices in the States of Alabama Vol. 3, p. 571. and Illinois. [See ALABAMA, No. 1456.] May 11, 1820. No. 35 1. AN ACT for the relief of certain settlers in the State of Illinois who re- Vol. 3, p. 573. side within the Vincennes land district. w~h~o ~^ e ^ ^ nac ^) <$' c 'i That every person, who would have been entitled would have been to the right of pre-emption, according to the provisions of the act, en- entitled to right titled "An act giving the right of pre-emption in the purchase of lauds of pre-emption, to cer tain settlers in the Illinois Territory," passed February the fifth, certificate for the one thousand eight hundred and thirteen, provided said act had been excess paid above so construed as to embrace those who were living within the limits of 2 per acre, &c. the Vincennes land district, and who became the purchaser, at public sale, of the said land, to which the right of pre-emption would have so attached, at more than two dollars per acre, shall be entitled to a Certificate re- certificate for the amount, so paid oto be paid, exceeding two dollars ceivable in pay- per acrs f rom tne register of the land office at Vinceunes ; which cer- Un?ted states^? tificate shall be receivable in payment of any debt due to the United land. States on account of the sale of public land: Provided, however , That Proviso. it shall be the duty of every person claiming the benefit of this act, to prove, to the satisfaction of the register and receiver of the land of- fice at Vincennes, that they are entitled thereto, according to its true Persons who inten t and meaning. would have been SEC. 2. And be it further enacted, That every person who would have entitled, &c., who been entitled to the right of pre-emption in the said Viucennes district, were not pur- ac cording to the provisions of the said recited act, passed the fifth day tfflSept. 1 JiSo of February, eighteen hundred and thirteen, had it been so construed to piovej &c. ' as to embrace them, and who did not become the purchaser of any tract ILLINOIS. 15T of land to which such right of pre-emption would have attached, shall be allowed till tho first day of September next, to prove, to the satis- faction of the register and receiver at Vincennes, that they would have been so entitled ; and it shall be the duty of the register, when the sat- Register, on isfaction aforesaid shall be made, to grant a certificate to every such 8! a person, or their legal representatives, stating therein that such person = ate &c would have been entitled to such right of pre-emption, and that he did not become the purchaser thereof, neither at public nor private sale. And every such person, or his legal representatives, shall, upon Every person, producing such certificate to the register of any land office in the State "P<> n certificate of Illinois, be allowed to enter one quarter-section of land, each, at the J qTa r ter^sec- minimum price fixed by the United States, of any land which may be tion, at minimum surveyed previous to the first day of September next, whether the price, &c. same shall have been offered at public sale or not. () (a) See Nos. 328, 330, 332, 334, 336, 337, 338, 339, 341, 360, 370, 374, 389, 432, 433, 440. ' Np. 352. AN ACT for the relief of persons -holding confirmed unlocated claims for May 15, 1820. lands in the State of Illinois. Vol. 3, p. 601. Be it enacted, which > since the first da J of January, one thousand eight hundred Illinois after 1st and nineteen, have been, or hereafter may be, sold by the United States, Jan., 1819, to the after deducting all expenses incidental to the same, to such person or Mjf t of tbe persons as may be authorized by the legislature of the said State to re- To be applied ceive tbe same ; which sums, thus paid, shall be applied to the encouragfe- for the encour- ment of learning within said State, in conformity to the provisions on agement of learn- this subject, contained in the act, entitled "An act to enable the people in &- of the Illinois Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States," approved April eighteenth, one thousand eight Annual ac- hundred and eighteen, and to no other purpose ; and an annual account cotmt of the ap- o f the application of the same shall be transmitted to tbe Secretary of moneys 11 to be tb ^ Treasury, by such officer of the State as the legislature thereof a transmitted to direct ; and in default of such return being made, the Secretary of the Secretary of Treasury is hereby required to withhold the payment of any sums t tbe Treasury, or may then fc e c | ue or w hich may thereafter become due, until a ret SitfiSd may 8ha11 be made > as herein required, (a) (a) See Nos. 346, 373. March 2, 1821. No. 356. AN ACT confirming the location of the seat of government of the State Vol. 3, p. 618. of Illinois, and for other purposes. Four sections ^ e if enacted, $-c., That the four sections of land, including the section of land, &c., se- number sixteen, in township number six north, range number one east, lected by com- o f the third principal meridian, heretofore selected by commissioners the^seat^of eov- a PP oin t e d for that purpose, for the seat of government of the State of eruuient of Illi- Illinois, be, and the same are hereby declared to be confirmed to, and noia, confirmed vested in, the said State, for the purpose aforesaid, (a) to the State. EC. 2. And be it further enacted. That the governor of said State be, authorized^tTse^ an . d he is uerel)V > authorized to select any unappropriated section in lect a section in said township, for the use of the inhabitants thereof, which shall be in lieu of No. 16. lieu of the said sixteenth section. (6) (a) See No. 348. (6) See Nos. 337, 338, 342, 346, 408, 413, 418, 443, 444. March 2, 1821. IVo. 357. AN ACT for the relief of Nicholas Jarrott. Vol. 6, p. 258. g e i t waded, #c., That Nicholas" Jarrott, the legal representative of Authorized to Francois Arcoit, or the legal representative of him, the said Nicholas, enter 400 acres be, and he is hereby, authorized to locate four hundred acres, consisting within the Van- o f one entire half-section, and one-half quarter-section, adjoining there- daha district. ^o t an ^ j n th e 8ame section, of any of the public land within the Van- dalia district, established for the sale of the public lands in the State of Illinois, which may be already surveyed, and which, having been offered for sale previous to the first day of January, one thousand eight hundred and twenty -one, shall remain unsold ; and in payment therefor the said Nicholas Jarrott, or his legal reprpsentatives, shall be, and he is hereby, certifi^ate^con- authorized to surrender his certificate of confirmation, as the legal rep- firmation, &c., resentative of the said Francois Arcoit, for four hundred acres of land, will be received in the said State, which was confirmed by act of Congress, bearing date in payment, t he sixteenth day of April, one thousand eight hundred and fourteen : Proviso Provided, The same be not located on town sites and lots, or lands re- served by the United States: And provided further, That the said loca- tion be made before the first day of April, one thousand eight hundred and twenty-two. ILLINOIS. 159 No. 358. AN ACT to authorize the State of Illinois to open a canal through the March 30 1822 public lands, to connect the Illinois River with Lake Michigan. y o l ^ p . '059. ' Be it enacted, <$-c., That the State of Illinois be, and is hereby, author- ; ized to survey and mark, through the public lands of the United States, iz ei 1S survey the route of the canal connecting the Illinois River with the southern an d mark .bend of Lake Michigan ; and ninety feet of land on each side of said through public i canal shall be forever reserved from any sale to be made by the United l ^ ds the route j States, except in the cases hereinafter provided for, and the use there- n ectin? Illinois jof for ever shall be, and the same is hereby, vested in the said State River with the for a canal, and for no other purpose whatever; on condition, how- southern bend of ever, that if the said State does not survey and direct by law said canal Lake Michijran, to be opened, and return a complete map thereof to the Treasury Depart- ^ ( ch ^ We ^ ei " merit, within three years from and after the passing of this act ; or if e d and vested in the said canal be not completed, suitable for navigation, within twelve the State for a years thereafter; or if said ground shall ever cease to be occupied by, canal on condi- and used for, a canal, suitable for navigation ; the reservation and grant lon> jereby made shall be void and of none effect : Provided always, and it is Proviso: no hereby enacted and declared, That nothing in this act contained, or that obligation on the shall be done in pursuance thereof, shall be deemed or construed to im- tS States to ap- ply any obligation on the part of the United States to appropriate any propriate money, coney to defray the expenses of surveying or opening paid canal : Pro- &c > idcti also, and it is licreby further enacted and declared, That the said canal, al ^avI 1S a 'rmSf 1 when completed, shall be, and forever remain, a public highway for the highway, free of ase of the Government of the United States, free from any toll or other toll to the United arge whatever, for any property of the United States, or persons in States, their service, passing through the same. SEC. 2. And be it further enacted, That every section of land through Sections vrhich said canal route may pass, shall be, and the same is hereby, re- through which served from future sale, until hereafter specially directed by law : and reserved P until S the said State is hereby authorized and permitted, without waste, to use & c . my materials on the public lands adjacent to said canal, that may be The State may accessary for its construction, (a) use necessary ad- (a) See NOB. 367, 385, 417, 435. No. 359. AN ACT for the relief of James M'Farland. April 26, 1822. Be it enacted, <$-c., That the receiver of public moneys of the land Vol. 6, p. 266. office at Shawneetown, in the State of Illinois, be, and he is hereby, The receiver of directed to place to the credit of James M'Farland, or the legal proprie- the land office at ;or of fractional sections numbered twenty-six and twenty-seven, in Shawneetown to :ownship numbered twelve south, range eight east, of the third princi- P t lac ? *2 th 1 e I ed ~ ?al meridian, purchased at the public sales by the said James M'Far- land the "excess and, on account of the money heretofore paid by him on said frac- above $2 per acre ;ional sections, the excess over and and above the rate of two dollars on 48 acres . on )er acre, upon four hundred and eighty acres thereof, and to remit any account of money nterest due, or that may become due, on said excess; and the said? e mit theTnter Fames M'Farland, or the legal proprietor as aforesaid, shall be allowed est. mtil the thirtieth day of September next to avail themselves of the Allowed until >ro visions of the act, entitled "An act for the relief of the purchasers J]& J!?' Jfff 2 ' *? )f the public lands prior to the first day of July, one thousand eight the provisions of mndred and twenty," approved March second, one thousand eight the act of March mndred and twenty-one : Provided, That if the said James M'Farland, 2 > * 821 -. >r the legal proprietor of the aforesaid fractional sections, accept a ' :redit, that the excess aforesaid shall be placed to his or their credit >n the instalments which shall become due at the time they would have )een due had his or their acceptance been filed before the thirtieth day t September last, but shall not entitle him or them to a discount for )ayment on or before the thirtieth of September next : Provided, hoiv- Proviso. wer, That the said James M'Farland shall not be entitled to the remis- sion aforesaid, upon a greater quantity than one hundred and sixty tores, unless he shall make it appear, to the satisfaction of the receiver iforesaid, that Hampton Pankey and William Frizzle, or their legal epresentatives, for whose benefit, jointly with the said James M'Far- and, the aforesaid land was purchased, have received a release from he said James M'Farland, for such proportion of the purchase money us will be equal to the amount hereby remitted upon their proportion of he said land : Provided, also, That the benefits of this act shall be ex- Proviso, ended only to such of the aforesaid persons as shall show to the regis- tf and receiver aforesaid, that he would have been entitled to the ight of pre-emption had he been settled on a quarter-section instead )i a fractional section, according to the provision of the act of eighteen hundred and thirteen. 160 ILLINOIS. May 8, 1822. No. 360. AN ACT to establish an additional land office in the State of Illinois. Be it enacted, #c., That so much of the public lands of the United So much of the States as lies east of the Missiseipni River, north of the line separating withYn tire the tnirteenth and fourteenth tiers of townships north of the base line) bounds describ- and west of ^ e third principal meridian, in the State of Illinois, shall ed, in Illinois, to form a land district, for the disposal of the said lands, and for which form a land dis- purpose a land office shall be established at such place therein as the 1 land office as President of the United States shall designate, until the same shall be the Presidentperinanently fixed bylaw, (a) may designate. SEC. 2. And be it further enacted, That there shall be a register and A register and receiver appointed to the said land office, to superintend the sales of the land 1V omce r &c! P nblic land8 in the 6aid district, who shall reside at the place where the to reside at the said office shall be established as aforesaid, give security in the same place establish- manner, in the same sums, and whose compensation, emoluments, and ed, give security, duties, and authority, shall, in every respect, be the same in relation to the lands which shall be disposed of at their offices, as are or may be by law, provided in relation to the registers and receivers of public moneys Proviso. in the several offices established for the sale of the public lands : Pro- vided, That the said appointments shall not be made until a sufficient quantity of public lands shall have been surveyed within the said dis- trict to authorize, in the opinion of the President, a public sale of lands within the same. (&) The provisions SEC. 3. And be it further enacted, That the provisions of the second, of the second, third, and fifth, sections of the act, entitled "An act to designate the sedon and f ^h* Boundaries of districts, and establish land offices, for the disposal of the act ^f^March 3 P 11 ^ lands not heretofore offered for sale in the States of Ohio and In- 1819, and of April diana," approved March third, eighteen hundred and nineteen, and th 24, 1820, made ap- act, entitled " An act making further provision for the sale of the pub- lic lands," approved April twenty-fourth, eighteen hundred and twenty, ( be, and the same are hereby, made applicable to the said district and office, so far as they are not changed by subsequent laws of the United States. (a) See Nos. 196, 332, 339, 350, 363, 374, 383, 389, 449. (&) See Xos. 328, 330, 332, 334, 336, 337, 338, 339, 341, 351, 370, 374, 389, 432, 433, 440. March 3, 1823. No. 361. AN ACT to authorize the Secretary of the Treasury to remit the instal- Vol. 3, p. 778. mente due on certain lots in Shawneetown, in the State of Illinois. Be it enacted, #c., That the Secretary of the Treasury be, and he is Instalments hereby, authorized and directed to remit the instalments due, and to lot^in^hawn^ become due, on lots numbered eleven hundred and thirteen and eleven town remitted, hundred and fourteen, in Shawueetown, in the State of Illinois, and a patent or patents shall issue for the same, as in other cases ; which said lots are used as a public square, (a) (a) See NOB. 335, 376. March 3, 1823. No. 362. AX ACT to confirm certain claims to lotts [lots] in the village of Peoria , Vol. 3, p. 786. in the State of Illinois. Certain claims B M enacted, <$-c., That there is hereby granted, to each of the Frencl to lots in the vil- and Canadian inhabitants and other settlers in the village of Peoria, it lag f Peoria the State of Illinois, whose claims are contained in a report made by the register of the land office at Edwardsville, in pursuance of the act o Congress, approved May the fifteenth, one thousand eight hundred am twenty, and who had settled a lot in the village aforesaid, prior to th< first day of January, one thousand eight hundred and thirteen, and wh< have not heretofore received a confirmation of claims, or donation o any tract of land or village lot from the United States, the lot so set tied upon and improved, where the same shall not exceed two acres and where the same shall exceed two acres, every such claimant shal Proviso. be confirmed in a quantity not exceeding ten acres : Provided, Noth ing in this act contained shall be so construed as to affect the right, i any such there be, of any other person or persons to the said lots, o any part of them derived from the United States, or any other SOUTC< whatever, or as a pledge on the part of the United [States,] to mak good any deficiency occasioned by any other interfering claim or claims ILLINOIS. 161 SEC. 2. And be it further enacted. That it shall be the duty of the sur- The several veyor of the public lands of the United States for that district, to cause lots to be survey- a survey to be made of the several lots, and to designate on a plat e(L thereof the lot confirmed and set apart to each claimant, and forward the same to the Secretary of the Treasury, who shall cause patents to be issued in favour of such claimants, as in other cases, (a) (a) See No. 354. No.363.-AN ACT to define the boundary line between the Edwardsville and March 16, 1824. Springfield land districts, in the State of Illinois. Vol. 4, p. 10. Be it enacted, $-c., That all that tract of country lying between the The country Illinois and Mississippi rivers, and south of the baseline of the military lying betweenthe surveys, be, and the same is hereby, attached to, and made a part of, the i^sii rivers^ land district, the office of which is located at Edwardsville; and all &c., to be attach- that tract of country lying between the said rivers, and north of the ed to, &c., the said base line, be, and the same is hereby, attached to, and made a part I??* 1 district of of, the land district, the office of which is established at Springfield, in ' le ' &c< the county of Sangamo. (a) (a) SeeNos. 196, 332, 339, 350, 360, 374, 333, 389, 449. No. 364. AN ACT concerning the seat of justice in Gallatin County in the State of May 20, 18*6. Illinois. Vol. 4, p. 184. Be it enacted, #c., That the State of Illinois is hereby authorized to State of Illinois give or sell, in fee-simple, to the county of Gallatin, in that State, for to sell in fee-sim- the purposes of locating and fixing the seat of justice in said county, aPj 6 .* the county tract not exceeding one hundred acres of the tract of land, situate in tract oi 'land said county, and granted to said State, for the use thereof, by the act of the eighteenth of April, eighteen hundred and eighteen, entitled "An act to enable the people of the Illinois Territory to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States," any restriction in said act of Congress to the contrary notwithstanding. No. 365. AN ACT for the relief of William Biggs. May 22, 1826. Be it enacted j-c., That William Biggs, of the State of Illinois, be, and Yol - 6 .P- 353 - neishereby, authorized to enterthree sectionsof land, in quarter-sections, Authorized to of the lands subject to entry at private sale in the Sangamon district, enter thl> ee sec- :n Illinois, in consideration of his services as lieutenant in the regiment ft? 8 . of ^nd * of the late General George Rogers Clark, which marched against, and uubdued the posts of Kaskaskias and Vincennes. No. 366. AN ACT for the relief of Phinehas Underwood, and for other purposes. May 22, 1826. Be '.it enacted 30"' convey a part of the land reserved and granted to said State for the use of the Om< ' v ' saline. Legislature of Be it enacted, $c., That the legislature of the State of Illinois shal the State of Illi- De? an( j j 8 hereby, authorized and empowered to cause to be sold am nois authorized, conveye( i j n suc h manner, and on such terms and conditions, as sau be ''sofa, a legislature shall by law direct, such part or parts of the tract of lane part or parts of reserved and granted to said State, for the use and support of the sal the tract of land -works, known by the name of the Ohio saline, in the county of Gallatin reserved and ... -. ,.-_* In in the said State, and to apply the proceeds of such sale to such object Stale for the use as the said legislature may by law hereafter direct; Provided, That th- " ?gislature shall not sell and coi f the land reserved and granted (a) See Nos. 342, 346, 375, 379, 426, 445. State tor tne use *o tuna ouiu uTgiDiauuj.*? "jj y u\,x^< j*. u..u atered by mistake, in the office of the register of the land-office for the Authorized to istrict of Kaskaskia, the east half of section thirty- five, in township enter a half-sec- velve, south of range three, west, and who obtained a patent therefor, lion of land in II- 5, and he is hereby, authorized to en ter with the said register any other linois - lalf-section of land, within the said district, which is subject to private ale, upon his relinquishing to the United States the half-section de- jribed as aforesaid. fo. 372. AN ACT to continue in force "An act authorizing certain soldiers in tho March 23, 1830. late war to surrender the bounty lands drawn by them, and to locate others in lieu Vol. 4, p. 383. thereof," and for other purposes. [See ARKANSAS, No. 1177.] '?/ ?*^*4- N A CT to amend an act, entitled "An act to provide for paying tothe j an 13 1831 State of Illinois three per centum of the net proceeds arising from the sale of tha Vol.' 4, p! 431. public lauds within the same.' Be it enacted, ama line - the Territory. of Florida, and the necessary expenses incurred by them in running and marking said line between said State and Territory, shall be paid from the Treasury of the United States, out of any money not otherwise appropriated ; and, to enable the President to carry this act into effect, there is hereby appropriated the sum of two thousand dol- lars, (a) (a) See Nos. 326, 337, 34fi, 347, 394. 166 ILLINOIS. Jan. 19, 1832. No. 379. AN ACT to authorize the State of Illinois, to sell twenty thousand acre* Vol. 4, p. 496. of the saline lands in said State. State author- Be it enacted, $~c., That the State of Illinois be, and is authorized and ized to sell. empowered to sell and dispose of, twenty thousand acres (in addition to the thirty thousand acres heretofore authorized to be sold) of the lands granted to said State for the use and support of the salt works, known by the name of the " Ohio saline," in the county of Gallatin, in said State ; the said twenty thousand acres of land to be selected and Proceeds, how sold, and the proceeds thereof applied in such manner as the general be applied. assembly of Illinois have directed, or hereafter may direct, (a) (a) See Nos. 342, 346, 369, 375, 426, 445. March 15, 1832 Vol. 6, p. 479. ' No. 380. * -AN ACT for the relief of Robert Jones and William A. Fleming. ****** W. A. Fleming SEC. 2. And l)e it further enacted, That William A. Fleming be, and he authorized to sur- i s hereby, authorized to surrender to the register and receiver of the tfficate &c C6r " ! and office . at Vandalia > in the State of Illinois, the certificate heretofore issued to him for the west half of the southeast quarter of section thir- ty-two, in township number ten north, range five east, which was pur- chased by him through mistake ; and said William A. Fleming, on filing his relinquishment to all right and title thereto, is authorized to enter, in the said land office at Vandalia, any other half quarter-section of public land subject to entry at private sale. July 14, 1832. Vol. 4, p. 594. No. 381. AN ACT to provide for the extinguishment of the Indian title to lane lying in the States of Missouri and Illinois, and for other purposes. [See MISSOURI, No. 1021.] Feb. 19, 1833. Vol. 6, p. 535. Be it ^ 0< 382. AN ACT for the relief of Enoch Wilhoet. That Enoch Wilhoet be, and he is hereby, authorize Relinquish- to relinquish to the United States, in such form as the Commissioner of ment and entry the General Land Office shall prescribe, the west half of the southwest of certain lands quarter of section number eight, in township number seven north, range number eleven west, in the district of lands offered for sale at Palestine,. in the State of Illinois ; and, upon such relinquishment being made as aforesaid, the said Wilhoet shall be, and he is hereby, authorized to enter any other half quarter-section of land in the said district, which shall be liable to entry at private sale. March 2, 1833. No. 383. AN ACT to create sundry new land offices, Vol. 4, p. 653. f other land offices of the United States. - ******* Ouincv dis- ^EC. 6> -^ nd ^ e ^ f urt ^ ier enacted, That so much of the Edwardsville trict ; part of Ed- land district as lies north and northwest of the Illinois River, between wardsville dis- said river and the Mississippi, be, and the same is hereby, attached to trict attached ^he Quincy land district, in the State of Illinois ; and that ranges one and two west of the third principal meridian, embracing all townships from the base line to the southern boundary of the Sangamon land dis- Vandalia dis- trict, be, and the same is hereby, attached to the Vandalia land district trict ; addition in said State. The said transfer to be effected under the direction of thereto. the Secretary of the Treasury, (a) * * * * * * * (a) See Nos. 196, 332, 339, 350, 360, 363, 374, 389, 449. ILLINOIS. 167 No. 384. AN ACT to authorize the county commissioners for the county of Peoria. March 2, 1833. in the State of Illinois, to enter a fractional quarter-section of land for a seat of Vol. 6, p. 538. justice, and for other purposes. Be it enacted, $-c., That the commissioners for the county of Peoria, in Commissioners the State of Illinois, be, and they are hereby, authorized to enter with authorized, &c. the register and receiver of the public lands at Springfield, in said State, (for the use of said county,) the residue of the northeast frac- tional quarter of section number nine, in township number eight north, in range number eight east : Provided, That nothing in this act shall be Proviso, so construed as to interfere with the claim or claims of any other per- son or persons, to said fractional quarter-section. SEC. 2. And be it further enacted, That the heirs or legal representatives Heirs, &c., of of J. Latham, deceased, be, and they are hereby, authorized to with- J. Latham may draw and relocate the claim which was illegally located on said frac- re l cate &c - tional quarter-section, upon any other quarter-section of public land, to which it may, by law, be applicable, (a) (a) See No. 392. No. 385. AN ACT to amend an act, entitled "An act to grant a quantity of land March 2, 1833. to the State of Illinois, for the purpose of aiding in opening a canal to connect the Vol. 4, p. 662. waters of the Illinois Iliver with those of Lake Michigan," and to allow further time to the State of Ohio for commencing the Miami Canal from Dayton to Lake Erie. Be it enacted, $c., That the lands granted to the State of Illinois by Lands granted the act to which this is an amendment, may be used and disposed of by to '" said State, for the purpose of making a railroad instead of a canal as in said act contemplated ; and that the time for commencing and complet- ing said canal or railroad, whichever the State of Illinois may choose to make, be and is extended five years : Provided, That if a railroad is made in place of a canal, the State of Illinois shall be subject to the same duties and obligations, and the Government of the United States shall be entitled to, and have the same privileges on said railroad, which they would have had through the canal, if it had been opened, (a) * * * * * * * (a) See Nos. 358, 367, 417, 435. No. 386. AN ACT to authorize the President of the United States to cause the March 2, 1833. CMic surveys to be connected with the line of demarcation between the States of Vol. 4, p. 663. iana and Illinois. [See INDIANA, No. 266.] No. 387. AN ACT for the relief of George Staley. March 24 1834. Be it enacted, #c., That George Staley be, and he is hereby authorized Yo1 ' 6 P- 556 - to relinquish to the United States, in such form as the Commissioner May relinquish of the General Land Office shall prescribe, the east half of the south- a certain tract of east quarter of section number twelve, in township number four, south, land - and enter range number ten east, containing eighty acres, in the district of lands an offered for sale at Sha wneetown, in the State of Illinois ; and upon such relinquishmeut being made as aforesaid, the said Staley shall be, and he is hereby authorized to enter in lieu thereof, any other half quarter- section of land in said district, which shall be liable to entry at private sale, and which does not contain more than eighty acres. No. 388. AN ACT for the relief of Noah Staley. March 24, 1834. Be it enacted, $c., That Noah Staley be, and he is hereby authorized Yol - 6 P- 557 - to relinquish to the United States, in such form as the Commissioner of Mayrelinquish the General Land Office shall prescribe, the southeast quarter, of the a certain tract of northeast quarter of section number twelve, township number four, ]f n n ? ne a r nd enter south, range number ten, east, containing forty acres, in the district of lands offered for sale at Shawneetown, in the State of Illinois ; and upon such relinquishment being made as aforesaid, the said Staley shall be, and he is hereby authorized to enter any other quarter of a quarter- section of land in said district, in lieu thereof, which shall be liable to entry at private sale, and which does not contain more than forty acres. 168 ILLINOIS. June 26. 1834. No. 3S9. AX ACT to create additional land districts in tho States of Illinois and Vol. 4, p. 686. Missouri, and in the territory north of the State of Illinois. Four new land Be it enacted, $~c., That all that tract of country lying north of the districts created, dividing line between township number twelve and thirteen, north of the base line running through the military bounty lands, and that tract of country lying north of the dividing line between townships number thirty and thirty-one, north of the old base line included in the State of Illinois, and all that tract of country lying north of the State of Illinois, west of Lake Michigan, and south and southeast of the Wis- consin and Fox rivers of Green Bay, in the present Territory of Mich- igan, be laid off into four new land districts, to be divided and desig- nated as follows, to wit : That tract lying within the State of Illinois, as above described, shall be divided by a north and south line, drawn between the range of townships number three and four, east of the third principal meridian, and that on the west side of said line shall be called the northwest, and that on the east, the northeast land district of the State of Illinois ; and all that tract north of the State of Illinois, west of Lake Michigan, south and southeast of the Wisconsin and Fox rivers, included in the present Territory of Michigan, shall be divided by a north and south line, drawn from the northern boundary of Illi- nois, along the range of township line next west of Fort Winnebago, to the Wisconsin River, and be called, the one on the west side, the Wisconsin, and that on the east side, the Green Bay land districts of , the Territory of Michigan ; which two districts shall embrace the coun- try north of said rivers, when the Indian title shall become extin- guished, and the Green Bay district may be divided so as to form two districts, when the President shall deem it proper. President to SEC. 2. And be it further enacted, That there shall be established in designate place eajC ^ of t h e SSL [^ i an d districts, one land office, at such time and place as the President may designate, to be removed whenever he may deem it expedient for the public convenience, (a) Registers and SEC. 3. And be it further enacted, That the President, by and with the receivers to be consent of the Senate, so soon as a sufficient number of townships are surveyed, and returns thereof made to the General Land Office, to authorize the commencement of the sales in either of the said districts, to appoint one register, and one receiver for each land office so estab- lished, who shall reside at the place designated for the land office, and give security, and discharge all duties pertaining to such office as pre- scribed by law. Land to be re- SEC. 4. And be it further enacted, That the President shall be author- served for mili- ized, so soon as the survey shall have been completed, to cause to be tary posts. offered for sale, in the manner prescribed by law, all the lands lying in said land districts, at the land offices in the respective districts in which the land so offered is embraced, reserving only section sixteen in each township, the tract reserved for the village of Galena, such other tracts as have been granted to individuals and the State of Illinois, and such reservations as the President shall deem necessary to retain for military posts, any law of Congress heretofore existing to the contrary notwith- standing. (&) ******* SEC. 7. * * * Provided, That nothing in this act shall be so con- strued as to permit the officers appointed in either of the foregoing land districts to receive compensation out of the Treasury of the United States. (a) See Nos. 196, 332, 339, 350, 360, 363, 374, 383, 449. (&) See Xos. 328, 330, 33'2, 334, 336, 337, 338, 339, 341, 351, 360, 370, 374, 432, 433, 440. June 30, 1834. W 390. AN ACT granting land to certain exiles from Poland. Vol. 4, p. 743. Be u cnac ^ f c ^ T h a t tnere be? g nd is hereby, granted to Lewis Thirty-six sec- Banezakiewitz and his associates, being two hundred and thirty -five tions of land in exiles f rom Poland, transported to the United States by the orders of gan n0 iranted to the Emperor of Austria, thirty-six sections of land, to be selected by Polish exiles. them, under the direction of the Secretary of the Treasury, in any three adjacent townships of the public lands which have been, or may here- after be surveyed, situated within the limits of the State of Illinois or the Territory of Michigan Names of the SEC 2. And be it further enacted, That it shall be the duty of the Sec- grantees to be retary of the Treasury to obtain an authenticated list of the names of ILLINOIS. 169 the aforesaid two hundred and thirty-five Polish exiles, and cause the recorded in the same to be filed and recorded in the office of the Commissioner of the General Land Of - Oeneral Land Office. fice - SEC. 3. And be it further enacted, That immediately after the said Land to be di- thirty-six sections of land shall be surveyed and located in the manner vided by lot, in prescribed in the first section of this act, it shall be the duty of the Sec- e( l ual P or retary of the Treasury to cause the said thirty-six sections to be divided into equal parts among the said two hundred and thirty -five Poles, by ' )t, under such regulations as the said Secretary may prescribe. SEC 4. And be it further enacted, That it shall be lawful for each and Ton years' oc- rery of the said grantees to enter upon and take possession of the cupancy to enti- ;spective lots of land assigned to them and each of them ; and, after le expiration of ten years, the said grantees, respectively, shall be en- itled to a patent for the lot of land assigned to them as aforesaid : Pro- ided, That the said grantees shall, during the said term of ten years, without intermission, actually inhabit and cultivate the said township E land in the ratio of one settlement for every five hundred acres lereof ; and, on due proof of such habitation and cultivation to the Sec- jtary of the Treasury, and of the payment into the proper land office f the minimum price per acre, at the time of such payment, within the lid term of ten years, patents shall be granted as aforesaid, and not therwise. (a) (a) See No. 411. Proviso. No. 391. AN ACT for the relief of John Kirkpatrick. June 30, 1834. Be it enacted, unty district, in the State of Illinois ; and upon making such surren- ?r of title to the satisfaction of the Commissioner of the General Land ice, said John Newton is hereby authorized to enter, without pay- lent, one quarter- section of any of the public lands subject to entry private sale, in the State of Illinois: Provided, That said John New- Proviso, shall avail himself of the benefits intended to be granted by this within two years from the passage thereof : And provided, also, That Proviso, ich entry shall not be made on lands on which any settlement or im- ement has been or shall be made at the time of the application to lake such entry, where the settler or settlers, or person or persons, mking such improvements, shall, at such time, be entitled to the right " pre-emption to such land under the existing laws of Congress. 172 ILLINOIS. Feb. 6, 1839. No. 40O. AX ACT to confirm the sale of certain reservations. Be it enacted, $-c., That the sale of the following reserve, under the Land: sale con- provisions of the second article of the treaty with the Pottawatamies firmed. o f t h e Prairie of twentieth of October, eighteen hundred and thirty- two, to wit : " five sections for Shaw-was-nas-see, to. include Little Rock village," be, and the same hereby is, confirmed to Cyrus Taber, and Allen Hamilton and Hirani Todd, the purchasers from the said reservee : Proviso. Provided, That no such sale or conveyance of said lands, or any part thereof, shall be valid or effectual until every such conveyance or deed shall be submitted to the President of the United States for his appro- bation ; and if, after inquiry into the facts and circumstances attending the contracts for the sale of any of the said lands as aforesaid, he shall be satisfied that such contracts were fair, and that the consideration paid or secured to be paid therefor is adequate, he shall endorse his approval on each conveyance and deed so approved, and thereafter the same shall be deemed valid and effectual. March 2, 1839. No. 401. AN ACT for the relief of Samuel Dickerson. _ !_ Be it enacted, $-c., That Samuel Dickerson, of Sangamon County, Illi- Upon relin- nois, be, and he hereby is, authorized to relinquish to the United States, quishing certain in such manner as the Secretary of the Treasury shall direct, the east land, authorized half of the northwest quarter of section eighteen, township sixteen tract north, range one west; and upon his making such relinquishment, he shall be authorized to enter with the register and receiver of the land office at Springfield, Illinois, the came quantity of any of the un- appropriated land, in said land district, which shall be subject to sale at private entry. March 2, 1839. No. 4O2. AN ACT for the relief of Daniel Malone. Be it enacted, #c., That on Daniel Malone surrendering to the United Upon snrren- States all his right of the west half of the northeast quarter of section denng his "g^ 1 number thirty-five, in township number four south, range three west may enter a like in the Kaskaskia land district, in the State of Illinois, the register is tled ''^ n act to a PP r P riate the proceeds of the sales of the public lands, and to grant pre-emptions," approved September fourth, eighteen hundred and forty-one, as provides that the selections of grants of lands made to the several States, therein mentioned, for the purposes of inter- nal improvement, shall be made, respectively, in such manner as the legislatures thereof shall direct, is so far modified as to authorize the governors of the States of Illinois, Arkansas and Missouri to cause the selections to be made for those States without the necessity of conven- ing the legislatures thereof for that purpose, (a) (a) See No. 440. April 14, 1842. jvo. 41 1. AN ACT relative to the act entitled " An act granting lands to certain roL 5, p. 473. exiles from Poland," approved, thirtieth June, eighteen hundred and thirty-four. Acts now in Be it enacted, $c., That the acts now in force for the sale of the public nib He lands and granting pre-emption rights to actual settlers, be, and the lands, &c. ex- s^ 1116 are hereby, declared to extend to, and include, the lands selected tended to certain in townships forty-four, forty- five, and forty-six, north of the base line, lands selected range one east, of the third principal meridian, Iving in the State of tinr 2Sds a to Illinoi8 > by Lewis Clopicki, under color of the act entitled, "An act Polish exiles. granting lands to certain exiles from Poland." The said selections not having been made in pursuance of the provisions of said act, which act is hereby declared to be in full force, for the benefit of said Polish ex- iles, (a) (a) See No. 390. June 22, 1842. N O . 412. AN ACT authorizing the county commissioners of Lake County, Illinois, vol. b, p. 832. to enter a quarter-section of land for a seat of justice in said county. Authorized to Be it enacted, in the ^ tate of I llin oi8,- to the United States, for the selected for a seat southeast quarter of section twenty-one, in township forty-five north, of of justice. range twelve, east of the third principal meridian, upon which the county seat of said county is located, it shall be lawful for the President of the United States to cause a patent for said land to be issued to said county, in lieu, and in full satisfaction of the claim of said county to enter one quarter-section of land in virtue of the act of the twenty- sixth May, eighteen hundred and twenty-four, entitled "An act grant- ing to the counties or parishes of each State and Territory of the United States in which the public lands are situated the right of pre-emption Proviso. to quarter-sections of land for seats of justice within the same :" Pro- rided, Said county shall relinquish in such form as the Secretary of the Treasury shall prescribe, all claim whatever to the north east quarter of section twenty-one, township forty -four, range eleven east, lying in said county, and which tract was first selected by said county for the use of the county seat for said county, in virtue of the provisions of the act aforesaid. ILLINOIS. 175 No. 413. AN ACT to confirm the sale of a certain school section in the State of Aug. 1, 1842. Illinois, and for other purposes. Vol. 6, p. 847. Be it enacted, $-c., That the sale heretofore made of section number Land sale con- xteen, in township number thirty-nine, north of range fourteen, east firmed, of the third principal meridian, in the State of Illinois, by and under the authority of said State, with the assent of the inhabitants of the con- gressional township, in which said section is situate, be, and the same is hereby confirmed : Provided, That this act shall be construed as only Proviso. giving the assent of the United States to said sale, and to the patents issued by the State of Illinois to the purchasers of the same, so far as e United States are concerned in the matter, (a) (a) See Nos. 337, 338, 342, 346, 356, 408, 418, 443, 444. No. 414. AN ACT for the relief of John A. Rockwell. Aug. 1, Be it enacted, $-c., That the President of the United States be, and he. Yol- 6 ' hereby is, authorized to issue a patent to John A. Rockwell, or his le- Patent to be gal representatives, lor the southeast quarter of section number lour- issued to him for teen, m township number thirty-three, north of lange one, tust of the ce thud principal meridian, in the district of lands formerly subject to ' sale at the land office at Galena, in the State of Illinois : Provided, That Proviso, the said John A. Rockwell, or his legal representatives, shall satisfac- torily appear to the Secretary of the Treasury to have been the legal assignee of Richard Long, of the certificate of purchase of said lands, or shall prove to the satisfaction of the Secretary of the Treasury that he holds a conveyance for the same, executed to him by the said Rich- ard Long before his right of pre-emption to the said lands had been set aside by the proper Department, on account of a defect in the proof of cultivation. No. 415. AN ACT for the relief of Daniel B. Bush. Ang ^ 1842> Be it enacted $c., That Daniel B. Bush, grantee under John Smith, be VoL 6> p ' 850 ' and he is hereby, authorized to relinquish to the United States, in such Authorized to form as the Commissioner of the General Land Office shall prescribe, relinquish and re- the southwest quarter of section thirty-five, of township thirteen south, enter land - in range two west, in the tract appropriated by acts of Congress grant- ing land to the late army of the United States ; which tract 3f land ap- pears to be but a small fraction, not conforming to the law under which it was granted; and upon such relinquishment being made as aforesaid, the said Daniel B. Bush shall be, and he is hereby authorized to enter any other quarter-section in the land district in which said fraction is situated in the State of Illinois, which shall be liable to entry at pri- vate sale, and not in the occupancy of any actual settler : Provided, The Proviso, said Daniel B. Bush, shall prove to the satisfaction of the Secretary of the Treasury, that he is the bona-fide purchaser of the land specified in the patent, and that he holds the same for said fractional quarter-section granted to John Smith, father and heir at law of Edward Smith, de- ceased. No. 416. AN ACT for the the relief of William Osteen, of Illinois. Aug. 11, 1842. Be it enacted, #c., That William Osteen, of the county of Franklin in - 6 ' P- 853 - the State of Illinois, be, and he is hereby, authorized, within six months Authorized to from the date of this act, to surrender to the Secretary of the Treasury surrender land to be cancelled, the certificate of the land offices at Shawneetown, in certificate, and to said State, for the north half of the southeast quarter of section number twenty-nine, in township number seven south, range number two east, lying in the Shawneetown land district, in the State aforesaid ; which was entered by said William Osteen by mistake, and in lieu thereof, he is hereby authorized to enter the like quantity of land in legal subdi- visions, elsewhere in said land district : Provided, The same be subject Proviso, to private entry, and not subject to the right of pre-emption. 176 ILLINOIS. Aug. 29, 1842. No. 41 7. AX ACT to authorize the States of Indiana and Illinois to select certain Vol. 5, p. 542. quantities of land, in lieu of like quantities heretofore granted to the said States, for the construction of the Wabash and Erie and the Illinois and Michigan canals'. Lands to be se- SEC. 2. And be it further enacted) That the Governor of the State of lected in lien of Illinois is hereby authorized to cause to be selected, from any of the C for C he ^JnSjois unsold public lands in that State, not subject to the right of pre-emp- and Michigan tion, the quantity of five thousand seven hundred and sixty acres, in Canal. lieu of sections numbered three and nine, in township thirty-two, north of range three east ; sections thirteen and twenty-one, in town- ship thirty-four, north of range six east; sections twenty-five and thirty-three in township thirty-three, north of range eleven east ; and sections thirteen, nineteen, and twenty-one, in township thirty-three, north, of range eight, east of the third principal meridian, heretofore selected by the said State under "An act to grant a quantity of land to* the State of Illinois, for the purpose of aiding in opening a, canal to con- nect the waters of the Illinois Kiver with those of Lake Michigan," bat which had been sold and patented to individuals by the United States, before the location by the said State had been approved. Selections to be SEC. 3. And be it further enacted, That the selections of lands made un- reported to Sec- der this act shall be reported by the governors of the said States re- Treasurv and spectively, to the Secretary of the Treasury, and approved by the Presi- approvea' by the dent of the United States, (fl) President. ( O ) See Xos. 358, 367, 385, 435. Feb. 15, 1843. No. 418. AX ACT to authorize the legislatures of the States of Illinois, Arkan- Vol. 5, p. 600. aas, Louisiana, and Tennessee, to sell the lands heretofore appropriated for the us - of schools in those States. Authority to Be it enacted, $c.. That the legislatures of Illinois, Arkansas, Louisi- provide for the ana, and Tennessee, be, and they are hereby, authorized to provide by lands &c * law for tlie sale and conve y ancel ' m fee-simple, of all or any part of the lands heretofore reserved and appropriated by Congress for the nse of schools within said States, and to invest the money arising from the sales thereof in some productive fund, the proceeeds of which shall be forever applied, under the direction of said legislatures, to the use and support of schools within the several townships and districts of coun- try for which they were originally reserved and set apart, and for no other Proviso, use or purpose whatever : Provided, Said land, or any part thereof, shall in no wise be sold without the consent of the inhabitants of such town- ship or district, to be obtained in such manner as the legislatures of Apportionment said States shall by law direct ; and in the apportionment of the pro- of the proceeds, ceeds of said fund, each township and district shall be entitled to such .part thereof, and no more, as shall have accrued from the sum or sums of money arising from the sale of the school lands belonging to such township or district. Authority t o SEC. 2. And be it further enacted, That the legislatures of said States be, make .laws for and they are hereby, authorized to make such laws and needful regula- prptection of tions as may be deemed expedient to secure and protect from injury or ids, l Land Office, by Eli Merrill, of letters-patent issued to said Eli acres of land to Merrill for a tract of land containing one hundred and sixty acres, be- be issued to Eli ing the northwest quarter of section twenty-six, of township five north, Merrill, in lieu of j[ n ra nge one west, in the tract appropriated for military bounties in the sued LS " Territory of Illinois, and upon due proof made that said Merrill has made no conveyance of said land, the said Commissioner of the Gen- eral Land Office shall be, and is hereby, authorized and required to issue a warrant in favor of said Eli Merrill for one hundred and sixty acres of land to be located upon any unlocated land belonging to the United States and now subject to entry. Tan -26 1847 ^ 425. AX ACT declaring the assent of Congress to certain States to impose a Vol' 9 p 118. tex u P n al1 lands hereafter sold by the United States therein, from and after the ' *" ' v ' day of such sale. [ See OHIO, No. 169.] March 3 1847 Ho* 426. AX ACT to give the consent of Congress to tne sale of certain salt-spring Yol. 9, p. 181. lands heretofore granted to the State of Michigan, Illinois, and Arkansas. Sale of saline SEC. 2. And be it further enacted, That the State of Illinois shall be, lands granted to and hereby is, authorized and empowered to sell, in such manner as the State of Illinois legislature of the said State shall by law direct, the whole or any part authorized. of tne 8a n ne i aiu i s i y i ng i n Jackson 'County, in said State, which were granted to the State of Illinois, by virtue of "An act to enable the peo- ple of the Illinois Territory to form a constitution and State govern- ment, and for the admission of such State into the Union on an equal footing with the original States," approved April eighteenth, eighteen hundred and eighteen, (a) ***** (a) See Xoa. 342, 346, 369, 375, 379, 445. ILLINOIS. 179 o. 427. AN ACT authorizing persons, to whom reservations of land have been March 9, 1848. made under certain Indian treaties, to alienate the same in fee. Vol. 9, p. 213. Be it enacted, #c., That all the reservations to or for any person or Keservees un- persons named in the treaty of the twentieth day of October, eighteen der treaty of Oct. hundred and thirty- two, made at Camp Tippecanoe, in the State of In- 20 ' 3 1 7 8 | ) 2 $fc ij 1 ' diana, between the United States by their commissioners, Jennings, Da-p'o'ttawatomies, vis, and Grume, and the chiefs and headmen of the Pottawatomie tribe to hold their land of Indians of the Prairie and Kankakee, shall be so construed and held in fee-simple, to convey to and vest in said reservees, their heirs, and assigns, forever, an estate in fee -simple in and to the reservations so made, by said treaty, to or for said reservees respectively. SEC. 2. And be it further enacted, That said reservees, or their heirs, Said lands may may sell and convey all or any part of his, her, or their respective re- be alienated, and serves; and such sale and conveyance shall vest in the purchaser, hisf. ormer fi aliena ~ or her heirs and assigns, such title as is described in such deed of con- tlc veyance, to such lands so sold and conveyed : Provided, That all deeds of conveyance made before the passage of this act shall stand upon the same footing as those made after the passage of this act, and the rights of the parties shall be the same in one case as in the other : Provided, Approval of That such deed of conveyance for any of said lands, made before or the alienation by after the passage of this act, shall not be valid for such purpose until P resi( lent made the same shall have been approved by the President of the United esi States. No. 428. AN ACT for the relief of Charity Herrington. Aug. 12, 1848. Be it enacted, #c., That Charity Herrington be authorized and per- mitted to enter at the minimum price, at the Chicago land office, the .Charity Her- northeast fractional quarter of section ten, in township thirty-nine jjjjj 1 *^ Jnter'a" north, of range eight east, of the third principal meridian, and a patent certain fractional shall issue therefor as in other cases: Provided, That this act, and the quarter-section patent hereby authorized to be granted, shall not have the effect, or be of land - construed, to impair any legal or equitable claim of any person or per- Patent to issue, sons whatsoever to said tract or parcel of land. No. 429. AN ACT for the relief of the heirs of Jean F. Perry, Josiah Bleakley, Dec. 21 1848 Nicholas Jarrot, and Robert Morrison. Vol. 9, p. 749. Be it enacted, #c., That the register of the land office at Kaskaskia be Certificates of required to issue certificates of confirmation on the several claims to confirmation on lands confirmed to the said Jeau F. Perry, Josiah Bleakley, Nicholas certain land Jarrot, and Robert Morrison, by the governors of the Northwestern or f^f j^ e p *; Indiana Territories, upon those claims where such certificates have not ry, Josiah Bleak - heretofore issued, which certificates shall be issued to the heirs of the ley, Nich. Jarrot, said persons, and shall not exceed in the whole four thousand six hun- a P d B bei 't Mor- dred acres of land. rison. SEC. 2. And be it further enacted, That such certificates may be located Where to be in legal subdivisions upon any land subject to private entry in any land located, office in Illinois, established for the sale of the public lands agreeably to the provisions of the act entitled "An act confirming certain claims to land in the Illinois Territory, and providing for their location," ap- Patents to is- proved April sixteenth, eighteen hundred and fourteen, and patents sue. shall be issued therefor agreeably to said act. No. 430.- AN ACT for the relief of James Hotchkiss. March 3, 1849. Be it enacted, #c., That James Hotchkiss be, and he is hereby, author ' P ' * ized to enter at the Chicago land office, in the State of Illinois, at the James Hotch- minimum price, the northeast quarter of section thirty-one, in township Center ^otuS? thirty-nine north, and range eight east, of the third principal meridian : ter -section of Provided, That said Hotchkiss, at the time of said entry and purchase, land, shall satisfy the register and receiver of said land district that there are Proviso, no adverse or other claimants to said tract of land, or to any part thereof. 180 ILLINOIS. March 3, 1849. No. 431.-AX ACT for the relief of William L. Wigent ' P ' 1_ Be it enacted, $*c., That William L. Wigent be, and he is hereby.au- William L. Wi- thorized to enter and purchase, at the minimum price of the public lands gent authorized t jj e 6OU theast quarter of section numbered twelve, in township num- chase a certain bered thirty-five north, range numbered eleven east, of the third princi- tract of land in pal meridian, in the northeastern land district of Illinois ; it being the Illinois. game tract of laud on which the said Wigent resides, and has improved and cultivated : Provided, The said Wigent, at the time of said entry and purchase, shall satisfy the register and receiver of said land dis- trict that there are no adverse or other claimants to said tract of land, or to any part of the same. Sept. 20, 1850. No. 432. AX ACT granting the right of way, and making a grant of land to the Vol. 9, p. 466. States of Illinois, Mississippi, and Alabama, in aid of the construction of a railroad from Chicago to Mobile. Eight of way Be it enacted, $-c., That the right of way through the public lands be, granted for rail- an( j t h e 8ame i s hereby, granted to the State of Illinois for the con- road and branch- -- - - gan, and another via the town of Galena in said State, to Dubuque in p . the State of Iowa, with the right al so to take necessary materials of earth, stones, timber, etc., for the constr notion thereof : Provided, That the right of way shall not exceed one hundred feet on each side of the length thereof, and a copy of the survey of said road and branches, made under the direction of the legislature, shall be forwarded to the proper local land offices respectively, and to the General Land Office at Washington City, within ninety days after the completion of the same. Alternate sec- SEC. 2. And be it further enacted, That there be, and is hereby, granted tions of land to tne g tate o f Illinois, for the purpose of aiding in making the railroad and branches aforesaid, every alternate section of laud designated by even numbers, for six sections in width on each side of said road and branches ; but in case it shall appear that the United States have, when the line or route of said road and branches is definitely fixed by the authority aforesaid, sold any part of any section hereby granted, or that Pre-emption the right of preemption has attached to the same, then it shall be law- rights secured, f u i for any agent or agents to be appointed by the governor of said State, to select, subject to the approval aforesaid, from the lands of the United States most contiguous to the tier of sections above specified, so much land in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold, or to which the right of preemp- tion has attached as aforesaid, which lands, being equal in quantity to one-half of six sections in width on each side of said road and branches, the State of Illinois shall have and hold to and for the use and purpose Proviso. aforesaid : Provided, That the lauds to be so located shall in no case be Further pro- further than fifteen miles from the line of the road : And further pro- viso, vided, The construction of said road shall be commenced at its southern terminus, at or near the junction of the Ohio and Mississippi rivers, and its northern terminus upon the Illinois and Michigan Canal simul- taneously, and continued from each of said points until completed, when said branch roads shall be constructed, according to the survey Further pro- and location thereof : Provided further, That the lands hereby granted viso. shall be applied in the construction of said road and branches respect- ively, in quantities corresponding with the grant for each, and shall be disposed of only as the work progresses, and shall be applied to no other Further pro- purpose whatsoever : And provided further, That any and all lands re- vi80 - served to the United States by the act entitled "An act to grant a quan- tity of land to the State of Illinois, for the purpose of aiding in opening a canal to connect the waters of the Illinois River with those of Lake Michigan, approved March second, eighteen hundred and twenty- seven, be, and the same are hereby, reserved to the United States from the operations of this act. Price of lands SEC. 3. And be it further enacted, That the sections and parts of sec- remaining to the tions of land which, by such grant, shall remain to the United States, "United States. w ithin six miles on each side of said road and branches, shall not be sold for less than double the minimum price of the public lands when sold, (a) Lands granted SEC. 4. And be it further enacted, That the said lands hereby granted to be used only to the said State shall be subject to the disposal of the legislature ILLINOIS. 181 lereof, for the purposes aforesaid and DO other; and the said railroad for the purposes and branches shall be and remain a public highway, for the use of the aforesaid. Rail- Government of the United States, free from toil or other charge upon JJJ d * 8 Zt &?* the transportation of any property or troops of the United States. emment of Uni- SEC. 5. And be it further enacted, That if the said railroad shall not be ted States. completed within ten years, the said State of Illinois shall be bound to If no .J com- pay to the United States the amount which may be received upon the P^ e g a YmnSs to sale of any part of said lands by said State, the title to the purchasers p ay the United under said State remaining valid; and the title to the residue of said states the lands shall reinvest in the United States, to have and hold the same in amount received the same manner as if this act had not been passed. {J* s * h e al ot ^ s SEC. 6. And be it further enacted, That the United States mail shall at and tne Ian( j8 all times be transported on the said railroad under the direction of the unsold reinvest. Post-Office Department, at such price as the Congress may by law Transportation j i or u nit6ci ottitcs direct. mail SEC. 7. And be it further enacted, That in order to aid in the continua- AH the rights, tion of said Central Railroad from the mouth of the Ohio River to the etc., hereincon- city of Mobile, all the rights, privileges, and liabilities hereinbefore con- f erred on Illinois ferred on the State of Illinois shall be granted to the States of Alabama JoAlabamTand and Mississippi respectively, for the purpose of aiding in the construe- Mississippi, to tion of a railroad from said city of Mobile to a point near the mouth of aid in construct- the Ohio River, and that public lands of the United States, to the same J n s a railroad extent in proportion to the length of the road, on the same terms, lim- itations, and restrictions in every respect, shall be, and is hereby, granted said States of Alabama and Mississippi respectively. ) See STos. 328, 330, 332, 334, 336, 337, 338, 339, 341, 351, 360, 370, 374, 369, 433, 440. 433 AN ACT to protect actual settlers upon the land on the line of the Cen- -August 2, 1852. tral Railroad and branches, by granting preemption rights thereto. Vol. 10, p. 27. Be it enacted, $-c., That each and every person now an actual settler Pre-emption and occupant, and who, on the twentieth day of September, in the year rights secured to of our Lord one thousand eight hundred and fifty, had made such an j^eo? the Gen- actual settlement and improvement as would have entitled him to a tral Railroad, right of preemption under the act of September fourth, eighteen hun- dred and forty-one, but for his failure to give the requisite notice under that law, or to file proof within due time, on any tract of land now owned by the United States, and situated within the limits reserved from sale by order of the Government, because of the grant of alter- nate sections to the States of Illinois, Mississippi, and Alabama, in aid of the construction of the Chicago and Mobile Railroad and branches, by virtue of an act of Congress, approved September twentieth, eighteen hundred and fifty, entitled, "An act granting the right of way and making a grant of land to the States of Illinois, Mississippi, and Ala- bama, in aid of the construction of a railroad from Chicago to Mobile," (a) shall have the right to purchase, at the price established by law in regulating the sales of said lands, a quantity of the tract so settled on and improved, not less than forty nor more than one hundred and sixty acres, in legal subdivions, on which said improvements may be situated : Provided, That any person claiming the right to purchase under this act Claim to be shall, before the actual offering of the tract at public sale, file with the filed, and proof register of the proper land office, a notice describing the land by its ^elve months 1 numbers, and make the necessary proof, affidavit, and payment for the land, within twelve months from the date of this act : And provided fur- Right of way ther, That the right of wa;v upon and across any tract of land claimed for said road re- under the provisions of this act, not exceeding two hundred feet in servea - width, shall be reserved and retained for the said railroad and branches, as the same may be located and constructed. (&) (a) See No. 432. (&) See Nos. 328, 330, 332, 334, 336, 337, 338, 339, 341, 351, 360, 370, 374, 389, 432, 440. tfo. 434. AN ACT for the relief of Jean Baptiste Beaubien. August 1, 1 854. Be it enacted fc., That the Commissioner of the General Laud Office be, Vol. 10. P. 805. and he is hereby, authorized to issue a patent or patents to Jean Bap- Commissioner tiste Beaubien, for the following lots as described and numbered on the of General Land survey and plat of the Fort Dearborn addition to Chicago, in the State Office to issue of Illinois, made under the order of the Secretary of War, and now on patent or patei 182 ILLINOIS. to said Beaubien file in the War Office, to wit : lots number one, two, three, four, five, for certain lots of an ^ 8 i Xj o f block number four; all that part of lots numbered eight and Lot? 18 ' nine > block numl) er two > which lies south of the line of excavation, au- thorized by the act of Congress, approved twenty-first July, eighteen hundred and fifty -two ; and all that part of lot number one, block num- ber five, that lies within the following boundaries, to wit : commencing on the western line of said lot number one, block five, at a point ten feet north of the southern line thereof ; thence east, parallel with said southern line two hundred and fifty feet to the western boundary of the lands granted by the United States to the Illinois Central Railroad Company ; thence north, along said western boundary thirty-four feet to the northern line of said lot number one, block five, thence west along said northern line two hundred and fifty feet to the northwest corner thereof; thence south along the western line thereof thirty-four feet to the place of beginning. August 3, 1854. No. 435. AN ACT to authorize the State of Illinois to select the residue of the Vol. 10, p. 344. lands to which she is entitled under the act of second of March, eighteen hundred and twenty-seven, granting land to aid that State in opening a canal to connect the waters of the Illinois River with those of Lake Michigan. Residue of land Be it enacted, #c. That the governor of the State of Illinois is hereby granted by act of authorized to cause to be selected, the balance of the land to which that 1827, how select- State is entitled under the provisions of the act of the second of March, eighteen hundred and twenty-seven, granting land to aid that State in opening a canal to connect the waters of the Illinois River with those of Lake Michigan, out of any of the unsold public land in the State subject to private entry at one dollar and twenty-five cents per acre, and not claimed by preemption, the quantity to be ascertained upon the principles which governed the final adjustment of the grant to the State of Indiana for the Wabash and Erie Canal, under the provisions of the act of Congress approved the ninth of May, eighteen hundred and forty-eight, (a) (a) See Nos. 358, 367, 385, 417. August 4, 1854. No. 436. AN ACT For the relief of Thomas C . Green. 10 ' P- 82 - Whereas, it satisfactorily appears that a bounty-land patent was is- Preamble. sued on the twenty-ninth of November, one thousand eight hundred and seventeen, on militia land-warrant number nine thousand nine hundred and forty-two, to Charles Mullin, for the southwest quarter of section thirty- six in township eleven north, of range three west, in the military tract, Illinois; and on the twenty-second of July, one thou- sand eight hundred and eighteen, a patent for the same tract was issued in error to the heire of Benjamin Knapp, on warrant number eight thousand nine hundred and thirteen, Knapp's warrant having been located on the southeast quarter of said section, and said quarter-sec- tion so located conveyed to one Thomas C. Green by said Knapp's heirs: Therefore- Patent for Be it enacted, $c., That the Commissioner of the General Land Office land to issue to be, and he is hereby, required to issue a patent to Thomas C. Green for Jen ' the southeast quarter-section above named ; and that said patent recite the fact that the former one was filled out erroneously for the south- west quarter, and has been lost, and therefore a new patent has been issued to the grantee of said Knapp's heirs. Jan. 24, 1855. No. 437. AN ACT for the relief of David B. Sears. Vol. 10, p. 843. ^ ^ enacted, #c., That David B. Sears be, and he is hereby, authorized David B. Sears to enter the fractional quarter-sections of land on Rock Island, in the authorized to en- Mississippi River and State of Illinois, necessary to secure to him the full and complete use of the water-power as now improved and used by him on the north side of said island ; they being the east half of the southwest fractional quarter of fractional section twenty-nine, con- taining twenty- eight acres and ten-hundredths, the southeast fractional quarter of the same fractional section, containing four acres and nine hundredths, and the northeast fractional quarter of fractional section w, ILLINOIS. irty-two, containing three acres and twenty-six hundredths, all of which are situated in township eighteen north of the base line, range one west of the fourth principal meridian, upon his paying to the receiver of public moneys at Dixon, the minimum price of one dollar and twenty-five cents per acre for the same, upon which a final certifi- cate and patent shall issue as in other cases. 183 438. AN ACT to continue the land offices at Vincennes, Indiana, and to ascer- and adjust the titles to certain lands in the States of Indiana and Illinois, lerly included within the Vincennes land district. [See INDIANA, No. 312.] Aug. 18, 1856. Yol. 11, p. 140. No. 439. AN ACT for the relief of Isaac Body and Samuel Fleming. June 5, 1858. Be it enacted, p ' 313 ' tofore selected by [the] State of Illinois, but which have not been con- Settlers bona firmed to said State, under the provisions of the act of fourth Septein- fide on public ber, eighteen hundred and forty-one, who settled thereon in good f a ithjf ndsselecte ^ by ' prior to the passage of this act, shall be entitled to preempt their re- e j to%he "state spective claims by legal subdivisions, not to exceed one hundred and of Illinois, may sixty acres in a compact body, at the ordinary minimum of one dollar pre-empt their and twenty-five cents per acre, unless within the six-mile limits of any claim8 ' &c - railroad grant, and in that case at the usual double minimum of two dollars and fifty cents per acre: Provided, Such settlers shall establish their rights according to the rules and regulations prescribed under the provisions of the act of fourth September, eighteen hundred and forty- one, and pay for the same within three months from the date of the publication of this act by the register of the proper district : Provided, That no declaratory statement shall be required to be filed by such set- tlers, (a) (a) See Nos. 328, 330, 332, 334, 336, 337, 338, 339, 341, 351, 360, 370, 374, 389. 432, 433. Proviso. ' > 441. JOINT RESOLUTION to correct a clerical error in "An act for the re- Feb. 5, 1859. lief of Isaac Body and Samuel Fleming." Vol. 11, p. 571. Resolved, $-c., That the words "the northwest quarter of section clerical error enty," where they occur in the "Act for the relief of Isaac Body and to be corrected Samuel Fleming," approved June fifth, eighteen hundred and fifty- in act for relief eight, shall read, and be held to mean, the northwest quarter of section of Isa ac twenty-nine, the word nine having been erroneously omitted from said a ] act. (a) (a) See No. 439. No. 442. AN ACT for the relief of Anthony Schlander. June 9, 1860. Be it enacted, fc., That the title of Anthony Schlander to the east half Vol. 12, P . 851. of the southeast quarter of section fifteen, in township thirty-four, Laud title of north, of range thirteen east of the principal meridian, being in the Anthony Schlan- ^icago land district, is hereby confirmed to him, and the Commissioner der confirmed, the General Land Office is hereby authorized and directed to issue a and P atent to 1S ' itent to him therefor. SEC. 2. And be it further enacted, That all acts or parts of acts hereto He p e a 1 i ng fore passed are hereby repealed, so far as they may, in any manner, in- clause. terfere with the legal rights conferred by this act, and no further. 184 ILLINOIS. June 16, 1860. No. 443. AN ACT for the relief of congressional township number two north Vol. 12, p. 44. of range number nine west, of the fourth principal meridian, in Adams County State of Illinois. Preamble. Whereas section number sixteen in township number two north, of range nine west, of the fourth principal meridian, in Adams County, Illinois, is located in a lake, or pond, and is in consequence thereof wholly unfit for cultivation, and is worthless to the inhabitants of said town- ship for school purposes : Therefore, School trustees Be it enacted, #c., That the school trustees for the said township be, and Sin land ^ * ne y are hereby, authorized to select one section of land in legal subdivis- ions of any of the public lands of the United States subject to entry or sale at the minimum price of one dollar and twenty-five cents per acre. Patent to issue SEC. 2. And be it further enacted, That when the same shall have been therefor. selected by the trustees aforesaid, and a description thereof returned to and approved by the Commissioner of the General Land Office, a patent or patents shall issue therefor to the inhabitants of the said congres- Land to be sional township, and shall be held and disposed of by them for the use schools US6 ^ 8C hl 8 within the said congressional township in the same manner as other school lands are held and disposed of. Former grant SEC. 3. And be it further enacted, That the said section sixteen in the Understates fcown8ni P aforesaid shall revert to and invest in the United States, and be disposed of in the same manner as other public lands, (a) (a) See Nos. 337, 338, 342, 346, 356, 408, 413, 418, 444. June 22, 1860. No. 444. AN ACT for the relief of congressional township number six south, Vol. 12, p. 84. of range number eight west, in Randolph County, State of Illinois. Preamble. Whereas section number sixteen, in township number six south, of range number eight west, in Randolph County, Illinois, is covered by a private claim number two thousand and lifty, by reason whereof the said section has been lost to the said congressional township for school purposes: Therefore School trustees Be it enacted, $c., That the school trustees for the said township be, may select three and they are hereby, authorized to select three quarter-sections of land quarter-sections, in equal subdivisions, of any of the public lands of the United States land lost subject to entry or sale at the minimum price of one dollar and twenty- five cents per acre. Patent to issue SEC. 2. And be it farther enacted, That when the same shall have been therefor. selected by the trustees aforesaid, and a description thereof returned to and approved by the Commissioner of the General Land Office, a patent or patents shall issue thereof to the inhabitants of the said congressional township, and shall be held and disposed of by them for the use of schools within the said congressional township in the same manner as other school lands are held and disposed of. (a) (a) See Nos. 337, 338, 342, 346, 356, 408, 413, 418, 443. March 2, 1861. No. 445. AN ACT for the confirmation of the title to the saline lands in Jackson Vol. 12, p. 891. County, State of Illinois, to D. H. Brush, and others. Title to saline ^ e ^ enacted, #c., That the title to all the lands sold as saline lands in lands in Jackson Jackson County, State of Illinois, as follows, to D. H. Brush and others, County, Illinois, namely : To D. H. Brush, the northwest, northeast, and southwest quarters HBrush 1 ^ *^ e 8Ou ^ we8 * quarter of section eight, township nine, of range two; southwest and southeast quarters of the northeast quarter, northwest and northeast quarters of the southeast quarter, southeast quarter of the southwest quarter, and south westand southeast quarters of the southeast Edward Hoi- quarter of section one, township nine, of range three : To Edward Hoi- den, den, the northeast, southeast, northwest and southwest quarters of the southeast quarter of section seven, township nine, of range two ; north- west, southwest, and northeast quarters of the north west quarter of sec- Joseph Sorrels, tion one, township nine, of range three : To Joseph Sorrels, the north west and northeast quarters of the southwest quarter of section seven, town- Daniel Wor- ship nine, of range two : To Daniel Worthen, the southwest quarter of then. the southwest quarter of section seven, township nine, of range two ; northeast quarter of the northwest quarter, and northwest quarter of the northeast quarter of section one, township nine, of range three : Wm. Quails. To William Quails, the southeast quarter of the southwest quarter of ILLINOIS. 185 section eight, township nine, of range two : To William Woolsey, the Wm. Woolsey. southeast quarter of the southeast quarter of section seven, township nine, of range two : To Richard Worthen, the west half of the northwest Richard Wor- quarterof the southwest quarter of section one, township nine, of range then, three : To George Elmore, the northwest and northeast quarters of the Geo. Elmore. northwest quarter, and southeast quarter of the southwest quarter of section thirty-five, township eight, of range three : To Alexander Morris, Alexander the southwest and southeast quarters of the northeast quarter of section Morris, thirty-five, township eight, of range three : To Doctor Logan, the north- Doctor Logan, west quarter of the northwest quarter of section thirty -one, township eight, of range two : To John G. Sparks, the northwest and northeast Jo. G. Sparks. quarters of the southeast quarter of section thirty-one, township eight, of range two : To Stephen Holliday, the southwest quarter of the south- Stephen Holli- east quarter of the southeast quarter of section thirty-one, township eight, day. of range two : To Isaac Morgan, the southwest quarter of the northwest Isaac Morgan, quarter of section thirty-five, township eight, of range three : To A. A. Crow. Crow, the northeast quarter of the northeast quarter, of section one, township nine, of range three: To William Woolsey, the northeast Wm. Woolsey. quarter of the northwest quarter, and the northwest quarter of the northeast quarter of section thirty-one, township eight, of range two : To T. M. Logan, the northeast and southwest quarters of the northeast T. M. Logan, quarter of section thirty-one, township eight, of range two : To Edward Edward Hol- Hoklen, the southwest quarter of the northwest quarter, and the north- den - west and northeast quarters of the southwest quarter of section thirty- one, township eight, of range two : To John Logan, the southwest and John Logan, southeast quarters of the southwest quarter of section thirty-one, town- ship eight, of range two: To Cyrus Thomas, the northeast quarter of Cyrus Thomas- the northwest quarter of section thirty-one, township eight, of range two : To Edward Holden, the southwest quarter of the northwest qtiar- Edward Hol- ter, and the northeast and northwest quarters of the southwest quarter den. of section thirty-one, township eight, of range two : To Hall Neilson, Hall Neilson. the southwest quarter, and east half of the northwest quarter of the southwest quarter of section one, township nine, of range three: To Richard \Vorthen, the southwest quarter of the northeast quarter of Richard Wor- section thirty-five, township eight, of range three : and to John Sorrels, then, the northeast quarter of the northeast quarter of section thirty-five, John Sorrels - township eight, of range three, be, and the same is hereby, confirmed to the several purchasers herein mentioned, (from the county of Jackson, and State of Illinois,) and be as valid as if originally purchased from the United States of America, (a) (a) See Nos. 342, 346, 369, 375, 379, 426. 446. AN ACT confirming title to "Little Rock Island," in the Mississippi Jan. 30, 1869. River. Vol. 15, p. 437. hereas, according to the official plat of the survey of the public p ream ble. and returned to the General Land Office by the surveyor-general, a certain island, in the Mississippi River, known as Little Rock Island, and situate opposite the city of Clinton, in the State of Iowa, was sur- veyed and platted as being within the district of lands subject to entry and sale at the Government land office at Dubuque, in the Territory of Iowa ; and whereas said island was entered by Jonathan L. Pearce, junior, at said Government land office at Dubuque, as appears by cash certificate number three thousand three hundred and twenty-six, and was subsequently granted by the United States to said Jonathan L. Pearce, junior, by lettfre-patetot, dated the first day of January, A. D. eighteen hundred aud forty-six, and recorded in volume seven, page two hundred and ten, of patents, in which said letters-patent said island is described as being " Little Rock Island, in the Mississippi River, in township eighty-one north, of range seven east, of the filth principal meridian, in the district of lands subject to sale at Dubuque, Iowa Ter- ritory, containing thirty-nine acres and four hundredths of an acre;" and whereas said island is situated east of the main channel of the Mis- sissippi River, in the State of Illinois, in the district of lands subject to sale at Springfield, in said Illinois : Now, therefore, Be it enacted <|-c., That the title to the said island be, and the same is Title to Little hereby, ratified and confirmed to the said Jonathan L. Pearce, junior, Rock Island con- and his grantees, fully, in like manner and effect, and in all respects to JSf'-r p Jon - a " the same intent and purpose, as if the laws of the United States respect- J * 186 ILLINOIS. Proviso. ing the survey, entry, and sale of the public land had been fully and in every respect complied with and observed : Provided, That this act shall not be construed to deprive any other person of any right or title to said laud acquired from the United States. July 15, 1870. I *- 447. AN ACT to confirm title to certain lands in Illinois. Vol. 16, p. 364. Be it enacte a t g. Cff T nat t he t i t i e O f tne United States to all lots, out- Title of the lots, tracts, pieces, parcels, and strips of land in St. Clair County, State United States to of Illinois, lying and situate qutside of the United States surveys as fr rt ltot t8l Cla noted in t ! ie field - notes of the United States surveyors, and on the Mis- County, Illinois, sissippi River near surveys seven hundred and sixty-six, six hundred confirmed to said and twenty-four, and five hundred and seventy-nine, and near and ad- county, jacent to fractional sections one, two, eleven, and twelve, town[ship] one north, range ten west, third principal meridian, be, and the same is hereby, confirmed and granted to said St. Clair Connty, in said State : Proviso. Provided, That nothing herein shall apply to the ancient French com- mons in said county, (a) . (a) See Xo. 448. No. 44S. AX ACT to amend an act entitled "An act to confirm title to certain lands in Illinois." 1'eb. 18, 1871. Vol. 16, p. 416. Lands in nii- nois. Amendment of [ship] one north." (a) former act. (a) See Xo. 447. -Be it enacted, <$~c., That the description of the lands mentioned in said be so amended as to read township two north, instead of " town- July 31, 1876. Vol'. 19, p. 181. No. 449. AX ACT making appropriations, &c. [Land office at Springfield abolished. See OHIO, No. 189.] March 3, 1877. Vol. 19, p. 515. Preamble. No. 450. AX ACT for the relief of the legal representatives of Zachariah B. "Washburn deceased. Whereas, on the twentieth day of January, eighteen hundred and thirty-six, the said Zachariah B. Washburn did enter and purchase, of the proper officers, the west part of the northeast fractional quarter of section twenty -four, in township eighteen north, of range eleven west, of the second principal meridian, in the district of public lands then subject to sale at Danville, in the State of Illinois, and did thereupon receive a certificate of purchase therefor in which the said land was erroneously described as the northwest fractional quarter of said section twenty-four, and also a patent therefor was afterward issued to the said Washburn, in which the said lot of land was also erroneously described as aforesaid: Therefore, Land patent to ^ e ^ enacted, #c., That the Commissioner of the General Land Office Zachariah B. issue to the legal representatives of the said Zachariah B. Washburn a Washburn. patent for the said west part of the northeast quarter of said section twenty-four, in the township and range aforesaid, and that the pream- ble above herein be recited in said patent. MICHIGAN. No . 45 1 . AN AC T to divide the Indiana Territory into two separate governments. Jan. 11, 1805. Be it enacted, #c., That from and after the thirtieth day of June next, all that part of the Indiana Territory, which lies north of a line drawn T erritory of east from the southerly bend or extreme of Lake Michigan, until it gom tie Indiana shall intersect Lake Erie, and east of a line drawn from the said south- Territory, erlv bend through the middle of said lake to its northern extremity, and Boundaries of thence due north to the northern boundary of the United States, shall, ^ ne ^^SJ for the purpose of temporary government, constitute a separate territory, ment of a tempo . and be called Michigan. rary government SEC. 2. And ~be it further enacted, That there shall be established within for it. the said Territory, a government in all respects similar to that provided 5 goven by the ordinance of Congress, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States, northwest of the river Ohio ; and by an act passed on the seventh day of August, one thousand seven hundred and eighty -nine, entitled "An act to provide for the government of the territory northwest of the river Ohio;" and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges, and advantages granted and secured to the people of the territory of the United States, northwest of the river Ohio, by the said ordinance. * * * * * * * SEC. 6. And le it further enacted, That Detroit shall be the seat of th ^ e *^it made government of the said territory, until Congress shall otherwise di- ernment- rect. (a) (a) See Nos. 459, 462, 473, 487, 491, 492, 497, 498, 499, 511, 512. No. 452.- AN ACT supplementary to the act, intituled "An act making provi- S* ro " * l ?- sion for the disposal of the public lands in the Indiana Territory," and for other _ purposes. [See INDIANA, No. 197.] No. 453. AN ACT to provide for the adjustment of titles of land in the town of April 21, 1806. Detroit and Territory of Michigan, and for other purposes. Vol. 2, p. 398. Be it enacted, ^c., That the governor and the judges of the Territory of A town to be Michig an shall be, and they, or any three of them, are hereby author- laid out bv th * ized to lay out a town, including the whole of the old town of Detroit, S^ge^of Michi- and ten thousand acres adjacent, excepting such parts as the President gan. of the United States shall direct to be reserved for the use of the Mili- Titles to lots to- tary Department, and shall hear, examine, and finally adjust all claims JjyjSI'gftJSf to lots therein, and give deeds for the same. And to every person, or the L o t s t o be legal representative or representatives of every person, who not owning given to actual or professing allegiance to any foreign power, and being above the age settlers of the of seventeen years, did on the eleventh day of June, one thousand eight J?J2n it hundred and five, when the old town of Detroit was burnt, own or in- burnt, if they habit a house in the same, there shall be granted by the governor and were ' citizens of the judges aforesaid, or any three of them, and where they shall judge the United most proper, a lot not exceeding the quantity of five thousand square sta tes. feet. SEC. 2. And le it further enacted, That the land remaining of the said Land undispos- ten thousand acres, after satisfying claims provided for by the preceding gj ^ pJecedir section, shall be disposed of by the governor and judges aforesaid, at section to be sold their discretion, to the best advantage, who are hereby authorized to by the governor make deeds to purchasers thereof, and the proceeds of the lands so dis- 187 188 MICHIGAN. posed of Bhall be applied by the governor and judges aforesaid towards building a cpurt-house and jail in the town of Detroit, and the said gov- ernor and judges are required to make a report to Congress, in writing, of their proceedings under this act. (a) (a) See Nos. 468, 471, 479, 481, 501. 583. March 3, 1807. No. 454. AU ACT regulating the grants of land in the Territory of Michigan. ' ' Beit enacted, $*c., That all the decisions made by the commissioners Certain decis- appointed for the purpose of examining the claims of persons claiming signers wnfl?m- ! ands in tbe d . istrict of Detroit, in favor of such claimants, as entered ed. in the transcript of decisions which have been transmitted by the said commissioners, to the Secretary of the Treasury, according to law, be, and the same are hereby con firm ed. Persons in oc- SEC. 2. And be itfurthei' enacted, That to every person or persons in the cupation of land actual possession, occupancy, and improvement, of any tract or parcel which I lnlfan t? of land > in bis > ber > or tbeir own ri nt > at tbe * ime of tbe P a8sin g "f this tie has been ex- act, within that part of the Territory of Michigan, to which the Indian tinguished, con- title has been extinguished, and which said tract or parcel of land was firnied in their settled, occupied and improved, by him, her, or them, prior to and on tates of inherit- tbe first dav of J ulv > one thousand seven hundred and ninety-six, or by ance, in fee-aim- some other person or persons, under whom he, she, or they hold or claim pie. the right to the occupancy, or possession thereof, and which said occu- pancy or possession has been continued to the time of the passing of this act; the said tract or parcel of land thus possessed, occupied, and im- proved, shall be granted, and such occupant or occupants shall be con- firmed in the title to the same, as an estate of inheritance, in fee-simple : Proviso. Provided however, that no other claims shall be confirmed, by virtue of this section, than such as have been entered with the register of the land office of Detroit, within the time, and in the manner provided by , law, and by the commissioners aforesaid, have been inserted in their report, transmitted as aforesaid ; nor shall more than one tract or parcel of land be thus granted to any one person, and the same shall not con- tain more than the quantity claimed, nor more than six hundred and Proviso. forty acres : And provided also, that the same shall not extend to any tract heretofore reserved, or which may by the President of the United States, be set aside for public uses, in the town of Detroit and its vicin- ity, or on the island of Michilimackinac. Secretary of SEC. 3. And be it further enacted, That the secretary of the Territory Michigan, and o f Michigan, together with the register and receiver of public monies receJ?lro? r ublio of tbe land office of ? e . troit > 8na11 be commissioners for the purpose of moneys of the ascertaining and deciding on the rights of persons claiming the benefit land office of De- of this act : and the said commissioners shall, previous to entering on troit, made com- the duties of their appointment, respectively take and subscribe the fol- chdms 10 ^ 8 r lowin g oa th or affirmation, before some person qualified to administer Their oath of the same : I do solemnly swear (or affirm) that I will impar- office. tially exercise and discharge the duties imposed upon me, by an act of Congress, intituled " An act regulating the grants of land in the Terri- tory of Michigan." And it shall be the duty of the said commissioners to meet at the town of Detroit, on or before the first day of July next, and they shall not adjourn to any other place, or for any longer time, than three days, until the first day of January next, or until they shall have completed the business of their appointment. And the said corn- Powers and missioners, or a majority of them, shall have power to hear and decide duties of the j n a summary manner, all matters respecting such claims, to compel the noners. attendance of witnesses, to administer oaths and examine witnesses, and such other testimony as may be adduced, and to determine thereon according to justice and equity. Minutes of the proceedings, decisions, meetings, and adjournments of the board, shall be regularly entered by the register, in a book to be kept for that purpose, together with the evidence on which such decisions are made, unless such evidence has already been entered according to law, in the book or books of minutes, kept by the commissioners appointed under former acts, to investigate Lands to be the claims to land in the district of Detroit. And when it shall appear surveyed. &c. to the said commissioners that the claimant is entitled to a tract of land by virtue of this act, they shall give a certificate thereof stating the cir- cumstances of the case, and that the claimant is entitled to receive a patent for such a tract of land, by virtue of this act ; which tract shall be surveyed in conformity with the decision of the commissioners, at the MICHIGAN. 189 expense of the party, and under the direction of the surveyor-general by By whom, such of his assistants, residing in the Territory of Michigan, as the said surveyor- general shall appoint for that purpose : Provided, That the whole Proviso, expense of surveying and marking the lines, shall not exceed three dol- lars for every mile that shall he actually run, surveyed, or marked. The survey or- general shall transmit to the register of the land office at Detroit, general and particular plots of all the lands surveyed as afore- said, and shall also forward copies of the said plots to the Secretary of General and the Treasury. The commissioners shall transmit to the Secretary of the JJ^^JJf ^ l ^ Treasury a transcript of their decisions in favour of claimants, which 8urv e.yor-general shall contain a fair statement of the evidence on which each respective to the register of claim is founded, and shall be signed by the said commissioners, and land office at De- shall state the names of the parties in whose favour the certificates have aiaoVSecret^v been granted, the number of acres granted and the situation of the laud. of Treasury And the certificate and certificates granted as aforesaid, by the commis- Transcripts of sioners, being duly entered with the register of the land office of commissioners' Detroit, prior to the first day of January, one thousand eight hundred Sj5jl 6 j! and nine, shall entitle the party or parties, as soon as the plot or plots wa rded to Secre- aforesaid, shall have been transmitted to the said register, to receive from tary of Treasury. him a certificate or certificates, for each of which certificates the register Certificates of shall receive one dollar, directed to the Secretary of the Treasury ; and j^ 18 ^ 8 }o if it shall appear to the satisfaction of the said Secretary, that such cer- f an( j ) &c . tificates have been fairly obtained according to the true intent and Fees to be paid meaning of this act, then and in that case, patents shall issue, in like f r certificates. manner as is provided by law, for the other lands of the United States, (a) SEC. 4. And be it further enacted, That the powers vested by this act Powers of in the commissioners above mentioned shall not extend to lots in the ^^xtond^d \o town of Detroit, the claims to which shall be ascertained and decided f ots \* e t " wn of npon, in the maaer provided by the act, intituled "An act to provide Detroit, for the adjustment of titles of land in the town of Detroit, and Territory of Michigan, and for other purposes." SEC. 5. And le it further enacted, That the secretary of the Territory Compensati o n of Michigan shall be entitled to receive five hundred dollars, in full for * . secretary of all the services rendered by him under this act, to be paid out the sums gerVices^u n' d er which have been, or may be appropriated for carrying into effect the this act. several laws enacted for the disposal of public lands, and for the adjust- Out of what ment of claims in the Indiana or Michigan Territories. fund to be P aid - (a) See Nos. 197, 455, 457, 461, 464, 466, 474, 514, 532. No. 455. AN ACT supplemental to "An act regulating the grants of land in the April 25, 1808. Territory of Michigan." Yd. 2, p. 502. Be it enacted, > it enacted, #c., That patents shall be granted to the persons whose Patents to be claims to land have been confirmed in the district of Detroit, in con- fjfjg 4h JTe formity to the surveys which have been made under the direction of claims have been the surveyor-general, and the general plat of which has been returned confirmed, to the Secretary of the Treasury, notwithstanding the surveys shall not, in every respect, correspond with the description of the tracts as con- firmed by the commissioners for adjusting land claims in the said dis- trict: Provided, That the confirmation of the commissioners and certifi- Provi80 ' cate of the register shall, in every other respect, be conformable to law. SEC. 2. And le it further enacted, That every person, whose claim has a bi e to law. been confirmed by the commissioners aforesaid to a tract of land bord- Donations of erin; on the river Detroit, and whose tract, as confirmed, does not ex- vacant lands, tend in depth eighty arpens, French measure, shall be entitled to a no donation of any vacant tract of land adjacent to and back of the land confirmed to him as aforesaid, provided that such donation shall not exceed forty arpens, French measure, in depth, nor in quantity of land that contained in the tract already confirmed to him, nor shall in any case the tract confirmed as aforesaid, and that allowed as a donation, together exceed eighty arpens, French measure, in depth, and in all cases where, by reason of bends in the said river, and of adjacent prior Where bonds claims, each claimant cannot obtain a tract equal in quantity to the 2? J^mtntftvIS tract already confirmed to him, the vacant land applicable to the object b | granted, " as shall be divided between the claimants in such manner as shall appear commissioners to the commissioners for adjusting the claims most equitable. And may determine, every person claiming a donation in virtue of this section shall, on or before the first day of December next, deliver to the register of the land office at Detroit, a notice, in writing, of the situation and extent of his claim, which ho shall file in his office on receiving twenty- five cents from the party or parties for each claim ; and if such person shall neglect to deliver such notice within the time limited, his right to a donation, under this section, shall become void. And the commissioners for adjusting claims to land in the said district shall, as soon as may be after the first of December next, proceed to examine and decide, accord- ing to the provisions of this section, on the claims filed as aforesaid; and when it shall appear to the said commissioners that the claimant is Commissioners entitled to a donation of land, they shall give a certificate stating the J t f lve J circumstances of the case, and that the claimant is entitled to receive a patent for such a tract of land by virtue of this section, which tract shall be surveyed in conformity with the decision of the commisssoners, at the expense of the party, under the direction of the surveyor-gen- eral, by such of his assistants residing in the said district as the said surveyor-general shall appoint for that purpose. The expense of sur- veying shall be the same, and the plats of surveys and transcript of the decisions of the commissioners in favor of claimants shall be made and transmitted to the Secretary of the Treasury in the same manner; and the certificates granted by the commissioners shall be entered with the register of the land office, and certificates of the register be granted to the party or parties on payment of the sajme fees, and patents granted, in every respect, in the same manner as is directed by the third section 192 MICHIGAN. of an act, entituled "An act regulating the grants of land iu the TYi:i- tory of Michigan," passed the third day of March, one thousand eight hundred and seven. Heirs of Joseph SEC. 3. And le it further enacted, That the heirs of Joseph Harrison, Harrison may be late of Detroit, deceased, be permitted to enter with the register of the make^n entry in l an( l office, for the district of Detroit, their claim to any tract or tracts the land office for of land in the said district ; and such entry shall have the same effect, the district of and the commissioners shall have the same powers, and act thereon in the same manner, as if the entry had been made before the first day of January, one thousand eight hundred and nine ; and in case of a ofeci- sion in favour of their claim or claims, a patent or patents shall be granted for the lands so claimed and confirmed to them, any law to the contrary notwithstanding, (a) (a) See Nos. 197, 454, 455, 461, 464, 466, 474, 514, 532. May 6, 1812. No. 458. AN ACT to provide for designating, surveying and granting the military Vol. 2, p. 728. bounty lands. Lands set apart % e M enacted, <$-c., That the President of the United States be, and he for satisfying is hereby authorized to cause to be surveyed a quantity of the public military bounty lands of the United States, fit for cultivation, not otherwise appropri- ceedki<* ix mil- a ^ e ^> an< ^ *o which the Indian title is extinguished, not exceeding in lions o? acres in the whole six millions of acres, two millions to be surveyed in the Ter- Michigan, Illi- ritory of Michigan, two millions in the Illinois Territory, north of the nois, and Louisi- Illinois River, and two millions in the Territory of Louisiana, between the river St. Francis and the river Arkansas; the said lands to be divided into townships, and subdivided into sections and quarter-sec- tions, (each quarter-section to contain, as near as possible, one hundred and sixty acres,) in. the manner prescribed by law for surveying and subdividing the other public lands of the United States,(a) the same price to be allowed for surveying as is fixed for surveying the other public lands in the same territory. And the lands thus surveyed, with Salt springs, the exception of the salt springs (&) and lead mines (c) therein, and of fcc., to be ex- the quantities of land adjacent thereto, as may be reserved for the use cepted. Q f t^ 8ame by the President of the United States, and the section number sixteen in every township to be granted to the inhabitants of such township for the use of public schools, (d) shall be set apart and reserved for the purpose of satisfying the bounties of one hundred and sixty acres, promised to the non-commissioned officers and soldiers of the United States, their heirs and legal representatives, by the act, entituled "An act for completing the existing military establishment," approved the twenty-fourth day of December, one thousand eight hundred and eleven, and by the act, entituled "An act to raise an additional military force," approved the eleventh day of January, one thousand eight hun- dred and twelve. Warrants to SEC. 2. And le it further enacted, That the Secretary for the Depart- be issued by ment of War, for the time being, shall, from time to time, issue war- the Secretary of ra nts for the military land bounties to the persons entitled thereto by Proviso. ^ e ^ wo last-mentioned acts, or either of them : Provided always, That such warrants shall be issued only in the names of the persons thus entitled, and be by them or their representatives applied for within five years after the said persons shall have become entitled thereto ; and the said warrants shall not be assignable or transferable in any manner whatever. Claims to be SEC. 3. And le it further enacted, That every person in whose favour determined by such warrants shall have been issued, shall, on delivery of the same at lot - the office of the Secretary of the Treasury, or of such other officer as may at the time have, by law, the superintendence of the General Laud Office of the United States at the seat of Government, be entitled to draw by lot in such manner as the officer, at the head of the Land Office, under the direction of the President of the United States, may pre- scribe, one of the quarter-sections surveyed by virtue of the first sec- tion of this act, in either of the said Territories which the person in A patent to be whose favour such warrant has issued may designate. And a patent granted. shall thereupon be granted to such person, for such quarter-section, without requiring any fee therefor. Claims for mil- SEC. 4. And le it further enacted, That no claim for the military land itary land boun- bounties aforesaid shall be assignable or transferable in any manner S1Sna ~ wna * ever j until after a P a tent shall have been granted in the manner aforesaid. All sales, mortgages, contracts, or agreements, of any nature whatever, made prior thereto, for the purpose, or with intent of alienating, or mortgaging any such claim, are hereby declared and snail held be MICHIGAN. purpose, or wit utfiuii v/j. j-uwj. ffiLtfl/ckJ..!-!^ **-"j "-j^v-" ^-.etinjj eirc " / held null and void ; nor shall any tract of land, granted as aforesaid, liable to be taken in execution or sold on account of any such sale, mortgage, contract or agreement, or on account of any debt contracte prior to the date of the patent, either by the person originally entitled to the land or by his heirs or legal representatives, or by virtue of any process, or suit at law, or judgment of court against a person entitled to receive his patent as aforesaid, (e) (a) See Nos. 11, 197, 460, 509, 513, 590. (b) See Nos. 493, 516, 519. (c) See Nos. 515, 518, 5'. 7. (d) See Nos. 476, 493, 562, 586. (e) See Nos. 460, 461a. No. 459. AN ACT to authorize the President of the United States to ascertain May 20, 1812. and designate certain boundaries. vol. 4 p. 74i. [See OHIO, No. 57.] No. 460. AN ACT to authorize the survey of two millions of acres of public lands, April 29, 1816. ' in lieu of that quantity heretofore authorized to be surveyed in the Territory of Vol. 3, p. 332. Michigan, as military bounty lands. [See ILLINOIS, No. 342.] No. 461. AN ACT allowing further time for entering donation rights to lands in March 3, 1817. the district of Detroit. Vo1 3 . P- 39 - Be it enacted, #c., That the claimants to certain donation rights to The claimants land in the district of Detroit, granted by the second [section] of an to certain dona- act, entitled "An act to authorize the granting of patents for land.tion rights of according to the surveys that have been made, and to grant donation g f ^ t jjg rights to certain claimants of land in the district of Detroit, and for allow ed until other purposes," passed the twenty-third of April, one thousand eight the 1st of Dec., hundred and twelve, be, and they are hereby, allowed until the first 1818 to Me their day of December, one thousand eight hundred and eighteen, to file their claims with the register of the land office, for the district afore- said, (a) (a) See Nos. 197, 454, 455, 457, 464, 466, 474, 514, 532. No. 461a. AN ACT extending the time for obtaining military land-warrants in March 27, 1818. certain cases. Vol. 3, p. 411. Be it enacted, #c., That the provision of the second section of the act, ~ The second sec- entitled " An act to provide lor designating, surveying, and granting, tion of theactre- the military bounty lands," passed on the sixth day of May, one thou- ferred to not to sand eight hundred and twelve, which limits the time within which jJPP lv to th | persons entitled to military bounty lands shall make their application persons tilled, for a land warrant to five years from and after such person shall have & c . become entitled thereto, shall not be construed to apply to, affect, or bar, any application for a military land-warrant, which may be made by the heirs and representatives of a deceased person, who was entitled thereto by services performed in the late war, or application by the heirs and representatives of any non-commissioned officer or soldier killed in action, or who died in the actual service of the United States, and entitled by existing laws to a bounty in lands; but the heirs and The heirs, &c., representatives of such persons shall be allowed to make their applica- may^ke^pplS tions therefor at any time before the first day of May, one thousand ca tions until 1st eight hundred and twenty ; any act to the contrary notwithstanding, (a) May, 1820. (a) See Nos. 458, 460. No. 462. AN ACT to enable the people of the Illinois Territory to form a consti- April 18, 1818. tution and State government, and for the admission of such State into the Union on Vol. 3, p. 428. equal footing with the original States. SEC. 7. And le it further enacted, That all that part of the territory of Additional ter- the United States lying north of the State of Indiana, and which wasggg ? after* included in the former Indiana Territory, together with that part of nii no i8 is formed the Illinois Territory which is situated north of and not included within into a State, 13 L O VOL II 194 MICHIGAN. subject to the the boundaries prescribed by this act, to the State thereby authorized disposition of ^ o jj e formed, shall be, and hereby is, attached to, and made a part of congress, &c. the Michigan Territory, from and after the formation of the said State, subject, nevertheless, to be hereafter disposed of by Congress, according to the right reserved in the fifth article of the ordinance aforesaid, and the inhabitants therein shall be entitled to the same privileges and im- munities, and subject to the same rules and regulations, in all respects, with the other citizens of the Michigan Territory, (a) (a) SeeXos. 451, 459, 473, 487, 491, 492, 497, 498, 499, 511, 512. March 2, 1819. No. 463. AX ACT confirming the claim of Alexander Macomb to a tract of land Vol. 6, p. 228. in the Territory of. Michigan. Land title con- & e *' enacted, j-c. t That Alexander Macomb of the Territory of Mich- firmed, igan, be, and he hereby is, confirmed in his right and claim to a tract of land, be ing an island, situated in the mouth of Detroit River, known by the name of Stoney Island, which was formerly occupied and improved for the benefit of the heirs of William Macomb, deceased, under whom the said Alexander Macomb now claims title; and upon a regular plat and survey of the said island being returned into the office of the Com- missioner of the General Land Office, a patent shall be granted for the aforesaid island or tract of land : Provided, That the confirmation and grant, to Alexander Macomb, hereby made and directed, shall not preju- dice the legal claim (if such there be) of any other person to the same tract of land. May 11, 1820. JVo. 464. AX ACT to revive the powers of the commissioners for ascertaining and Vol. 3, p. 572 deciding on claims to land in the district of Detroit, and for settling the claims to land at Green Bay and Prairie des Cbiens, in the Territory of Michigan. Powers of the Be it enacted, $c., That the powers of the commissioners for ascertain- commissioners ing and deciding on the rights of persons claiming lands in the district claims to lands ot Detroit, as defined by the second section of an act, entitled "An act in the district of to authorize the granting of patents for land according to the surveys Detroit, un der that have been made, and to grant donation rights to certain claimants fei-M-ev? erf 1 "* 1 ' of land in the district of Detroit, and for other purposes," passed on the twenty-third of April, one thousand eight hundred and twelve, shall be, Commissioners and are hereby, revived. ' And the said commissioners shall perform the to perform the duties therein prescribed, in relation to the claims which have been duties prescnb- fi , ed with the regi8ter of the land office for the said district, in pur- suance of the act, entitled "An act allowing further time for entering And to exam- donation rights to lands in the district of Detroit." And the said in e and decide on commissioners shall also have power to examine and decide, accord- C Export and * n * tne ^ aw8 respecting the same, the claims which have been filed transcripts to be with the register of the land office, and not heretofore decided on : and transmitted to they shall transmit their report, and transcripts of their decisions, to ;he Secretary of tne Secretary of the Treasury, to be laid before Congress, in the manner sury, A;C. directed by former laws providing for the adjustment of such claims. An agent capa- SEC. 2. And be it further enacted, That the said commissioners shall be, ble of translat- and they are hereby, authorized to employ, with the approbation of the lan>r 'a" French Secretary of the Treasury, a persoii capable of translating the French language, as an agent, for the purpose of ascertaining the titles and claims to land at the settlements of Green Bay, and Prairie des Chiens. Agent to give It shall be the duty of the said agent to give public notice, at each of notice - and at - the said settlements, of the time and place therein, at which he shall attend for the purpose of receiving notices and evidence of titles and Claimants to claims to lands within the same. And every person having title or claim produce evi- to ] an ds within the settlements aforesaid, shall produce the evidence ice, &c. of j^ t - lt j e or claim to tne ga jd agent, who shall record the same in Agent to re- books to be kept for that purpose. And after the said agent, shall have port to the com- remained at the places aforesaid, a time sufficient for the inhabitants ers, &c. to p ro d uce the evidence of their claims, he shall make his report thereof Commissioners to the said commissioners, who shall have power to examine and decide to transmit re- on ^he claims so reported to them, according to the laws for adjusting Srioteto tr fhe and . settling the claims to land in the district of Detroit, except, that Secretary of the which relates to donations of vacant land adjacent to the land confirmed Treasury, &c. shall not be considered applicable to claims in the settlements aforesaid. And the said commissioners shall transmit their report, and transcripts of their decisions, to the Secretary of the Treasury, on or before the MICHIGAN. 195 3t of October, in the year one thousand eight hundred and twenty- one, to be laid before Congress at their next session thereafter, in the same manner as was directed by law in respect to the claims to lands in the district of Detroit. SEC. 3. And be it further enacted, That the agent aforesaid shall take Agent to take an oath for the faithful discharge of the duties enjoined on him ; and he an oath - shall conform, in discharging the said duties, to such general instruc- tions as shall be given him by the Secretary of the Treasury ; and the Five hundred said commissioners and agent shall each receive five hundred dollars, as commissioner full compensation for the services to be performed under this act, to- and agen t ( w ith gether with the recording fees to the agent, and allowance to the regis- fees to agent and ter, for a certificate of confirmation for donation rights provided for by register. former laws, (a) (a) See Nos. 197, 454, 455, 457, 461, 466, 474, 514, 532. 465. AN ACT to annex certain lands within the Territory of Michigan to the May 11, 1820. district of Detroit. Vol. 3, p. 577. Be it enacted, < &c - upon the same terms and conditions in every respect, both at public And private sale, as are or may be provided by law, for the disposal of the other public lauds within the said district, (a) (a) See Nos. 196, 197, 455, 467, 469, 480, 454, 486, 490a, 503, 515, 522, 525a, 529, 536. No. 466. AN ACT to revive and continue in force certain acts for the adjustmen t Feb. 21, 1823. of land claims in the Territory of Michigan. Vol. 3, p. 724. Be it enacted, tyc., That the act entitled " An act to revive the powers Act of May of the commissioners for ascertaining and deciding on the claims to n, 1820 revived, land in the district of Detroit, and for settling the claims to land at fo^e tSl 1st N< Green Bay and Prairie du Chien, in the Territory of Michigan," ap- vember next, proved May the eleventh, one thousand eight hundred and twenty, shall be, and the same is hereby, revived, and shall continue in force until the first day of November next ; and it shall be the duty of the said Report of the commissioners, as soon thereafter as may be, to forward their report, commissioners to as is required by the second section of said act, to the Secretary of the congress. Treasury, to be by him laid before Congress at its next session. SEC. 2. And be it further enacted, That the second section of the act, enti- Second section tied " An act to authorize the granting of patents for land, accordiug to J i^to <. the surveys that have been made, and to grant donation rights to certain brace certain claimants of land in the district of Detroit, and for other purposes," claims, approved April twenty-third, one thousand eight hundred and twelve, shall be so construed as to embrace all persons who have claims con- firmed below Milk River Point, at the lower end of Lake St. Clair. SEC. 3. And be it further enacted, That patents shall, and they are hereby Patents to be directed to, be issued, in the mode pointed out by law in other cases, to iss ^ ^Jfa i m s persons whose claims to lands, town or village lots, have been regu- jj^ ' ^ een fi j e ^ larly filed with the commissioners appointed by an act, entitled " An under the act of act to revive the powers of the commissioners for ascertaining and de- May 11, 120. cidiug on claims to land in the district of Detroit, and for settling the claims to laud at Green Bay and Prairie du Chien, in the Territory of Michigan," passed on the eleventh day of May, one thousand eight hun- dred and twenty, and whose claims are contained in the report trans- mitted to the Secretary of the Treasury, and which have been re- ported favorably on by said commissioners : and such persons are here- by confirmed in their claims, agreeably to any surveys heretofore made, or the lines and boundaries established by the claimants respectively : 196 MICHIGAN. Proviso. Provided, That such confirmations shall only amount to a relinquish- ment forever, on the part of the United States, and that not more than six hundred and forty acres shall be confirmed by virtue of any one claim ; nor shall more be confirmed, in any case, than the quantity claimed ; nor shall any claim extend in width more than forty, nor in depth more than eighty, arpents ; nor to land heretofore, and now, re- served by the United States for public uses. Claimants re- SEC. 4. And be it further enacted, That wherever it shall appear to the moved by any gaid commissioners that any claimant to land, or a town or village lot, TJ^Td States at Green Bav or p . r airie du Chien, cannot establish his, her, or their, Army, to have claim to the same, in consequence of his, her, or their, removal there- certificates for from by any officer of the United States' Army, it shall be the duty anytractof land, of the said commissioners to issue a certificate to such person or per- favT occupiecl 8OD8 ! for any tract of land, * village lot, which may have been occupied after such remo- v him, her, or them, after such removal, not exceeding, in quantity, val. that originally claimed; on which certificates patents shall issue, as in other cases ; which claims shall be, in all other respects, subject to the restrictions and provisions of the third section of this act. Occupants of SEC. 5. And be it further enacted, That ever person who, on the first land in Green day of July, one thousand eight hundred and twelve, was a resident Chf' ^^M^h'li 1 ^ ^ reen Bay, Prairie du Chien, or within the county of Michilimacki- macVinaw on naw > an d who, on the said day, occupied and cultivated, or occupied a July i, 1812, who tracXi of land which had previously been cultivated by said occupant, have continued lying within either of said settlements, and who has continued to sub- authorit 1 * of the mit to tbe aathorit y of the United States, or to the legal representa- Unite" States, or ti yes f every such person, shall be confirmed in the tract so occupied their legal repre- and cultivated; and the said commissioners, in the adjudicating on sentatives, to be claims to land embraced by this act, are authorized to take into their confirmed in said consideration the evidence and facts collected and reported to them by. the agents of the United States, pursuant to the provisions of the act of the eleventh of May, one thousand eight hundred and twenty, as well as such other and further evidence and testimony as may or shall be exhibited before them by the claimants, to support their claims : and the register of the land office at Detroit is authorized and required to receive and record all notices and claims to lands provided for by this act, and which shall be exhibited to him on or before the first day of Proviso. October next : Provided, however, That no person shall be confirmed in a greater quantity than six hundred and forty acres ; nor shall any tract, so confirmed, exceed eighty arpents from front to rear. And it shall be the duty of the surveyor-general of the United States, under the direc- tion of the Secretary of the Treasury, to cause the land confirmed by this act to be surveyed, at the expense of the claimants, respectively; plats of which shall be returned, as in other cases, and patents therefor shall be granted to the several claimants in the manner prescribed by law. (a) An additional SEC. 6. And be it further enacted, That the Secretary of the Treasury sum to be allowed shall be, and he is hereby, authorized to allow to the former agent, and to persons cany- to each of the per8on8 wn ose duty it is made to carry this law into effect,. effect 8uch 8um > in addition to the sum allowed by the first-recited act, as he may deem just and reasonable. (a) See Nos. 197, 454, 455, 457, 461, 464, 474, 514, 532. March 3, 1823. No. 467. AX ACT to establish an additional land office in the Territory of Vol. 3, p. 778. Michigan. Th P ^ Be lt enacted, $c., That all the public lands in the district of Detroit, to desigTat ea ly in g south of the boundary line between the third and fourth town- place for an ad- ships, south of the base line, except so much thereof as lies north of a i t i on al land the river Huron, of Lake Erie, and all the public lands in the Territory office in the Ter- of Michigan, to which the Indian title was extinguished by the treaty of Chicago, shall be formed into a new laud district ; and, for the sale of the public lauds within the district hereby constituted, there shall be a land office established, at such place within the district as the President of the United States may designate. President to SEC. 2. And be it further enacted, That there shall be a register of the appoint a regis- land office, and a receiver of public monevs, appointed by the Presi- ter and receiver. dent of the United States, for the land office hereby created, to super- intend the sales of public lands within said district, who shall give se- curity in the same manner, in the same sums, and whose compensation, MICHIGAN. 197 emoluments, and duties, and authority, shall, in every respect, be the same, in relation to the lands which shall be disposed of at their office, as are, or may be, by law provided in relation to the registers and re- ceivers of public moneys in the several offices established for the sale of public lands. () SEC. 3. And ~be it further enacted, That the provisions of the third and Provisions of fifth sections of the act, entitled "An act to designate the boundaries the act of Marci of districts, and establish land offices, for the disposal of the public JhSbieto this lands, not heretofore offered for sale, in the States of Ohio and Indiana," on } ce . approved March the third, one thousand eight hundred and nineteen, be, and the same are hereby, made applicable to the district and office hereby created, so far as they are not changed by subsequent laws of the United States: Provided, That all such public lands, embraced Proviso, within the district created by this act, which shall have been offered for sale to the highest bidder, at Detroit, pursuant to any proclama- tion of the President of the United States, and which lands remain un- sold at the taking effect of this act, shall be subject to be entered and sold at private sale by the register of the laud office hereby created, in the same manner, and subject to the same terms, and upon like condi- tions, as the sales of said lands would have been subjected to in the land office at Detroit had they remained attached to that office. (&) SEC. 4. And be it further enacted, That this act shall take effect, and Act to take ef- be in force from and after the first day of May next ensuing the pas- feet May 1st next, .sage thereof. (a) See Nos. 196, 197, 455, 465, 469, 480, 434, 486, 490a, 503, 515, 522, 525a, 529, 536. (&) See Nos. 85, 197, 455, 480, 503, 515, 526, 535, 574, 575, 583, 584. No. 468. AN ACT for the relief of the corporation of the Church of St. Anne, and May 26, 1824. to authorize the extension of Lamed street, in the town of Detroit. VOL 6, p. 315. Be it enacted, $~c., That it shall be lawful for the governor and judges Lamed street, of the Territory of Michigan, to cause Larned street, in the town of in Detroit, to be Detroit to be continued, westerly, parallel to Jefferson avenue, until it intersects the street which runs northerly from said avenue, at right angles therewith, near the public barn, agreeable to the plan of the town ; and to cause the public barn, and the pickets bounding the mili- tary reserve, to be removed to the north side of Larned street. SEC. 2. And be it further enacted, That so much of the military reserve, Part of military lying south of Larned street, thus extended, as is included in the deed JJ 1 ^^ cormJS- from the said governor and judges to the corporation of the Catholic ^ on O f g^. Anne. Apostolic and Roman Church of St. Anne, of Detroit, on the llth day of January, one thousand eight hundred and seventeen, be, and the same is hereby declared to be, confirmed to the said corporation. SEC. 3. And be it further enacted, That the residue of the said military Residue to be reserve, between Larned street and Jefferson avenue, included within disposed of agree- the pickets of the said reserve, and bounded west by said street, which ApSil 21, 1806 runs from said avenue to the public barn, and east by the east bounds of the military reserve, be, and the same is hereby declared to be, vested in the said governor and judges, to be disposed of as, by the act of Congress, passed the twenty -first day of April, one thousand eight hun- dred and six, entitled "An act to provide for the adjustment of titles of land in the town of Detroit, and Territory of Michigan, and for othe^ purposes," is directed, (a) (a) See Nos. 453, 471, 479, 481, 501, 583. Wo. 469. AN ACT to alter the lines between the land districts in the Territory of May 16, 1826. Michigan. Vol. 4, p. 167. Be it enacted, <$-c., That the boundaries of the southern land district, Boundaries of in the Territory of Michigan, as established by the act passed the third the southern land of March, eighteen hundred and twenty-three, entitled "An act to es- district, in Mich- tablish an additional land office in the Territory of Michigan," shall be ^an^ established so altered, as that, from the point where the present boundary line be- March 3, 1823, to tween the third and fourth townships south intersects the meridian be altered, line, the boundary of the said district shall run north with the merid- ian line until it shall intersect the base line, and thence with the said line west to Lake Michigan, (a) (a) See Nos. 196, 197, 455, 465, 467, 480, 484, 486, 490a, 503, 515, 522, 525a, 529, 536. 198 MICHIGAN. May 20, 1826. No. 470. AN ACT concerning a seminary of learning in the Territory of Michigan. Be it enacted, $-c., That the Secretary of the Treasury be, and he is A quantity of hereby, authorized to set apart and reserve from sale, out of any of the land not exceed- pu bli c lands within the Territory of Michigan, to which the Indian title townships, to be ma y be extinguished, and not otherwise appropriated, a quantity of reserved for the land, not exceeding t\vo entire townships, for the use and support of an use and support university within the Territory aforesaid, and for no other use or pur- f M*' n l - niversitjr pose whatsoever, to be located in tracts of laud corresponding with any of the legal divisions into which the public lands are authorized to be surveyed, not less than one section, one of which said townships, so set apart and reserved from sale, shall be in lieu of an entire township of land, directed to be located in said Territory for the use of a seminary of learning therein, by an act of Congress entitled "An act making provision for the disposal of the public lands in the Indiana Terri- tory, and for other purposes," approved March twenty-sixth, one thou- sand eight hundred and four, (a) (a) See Nos. 196, 477, 489, 490, 493. May 20, 1826. N O . 471 .AN ACT granting certain grounds in the city of Detroit to the mayor, Vol. 6, p. 346. recorder, aldermen, and freemen of that city. Certain public Be it enacted, <|'C., That all the right and claim of the United States in grounds in I)e- an d to t h e public grounds within the limits of the city of Detroit, here- nfavor fee" of tofore occupied for military purposes, excepting as hereinafter provided, said city. be, an( l the same are hereby, granted to, and vested in, the mayor, recorder, aldermen, and freemen of the city, for the use of said freemen : Proviso. Provided, There be reserved and exceptedfrom this grant the following lots : one lot, upon which the public store- house is situate, bounded one hundred and fifty feet in front upon Jefferson avenue, and extending the same width to the channel of the river ; one other lot, upon which the public arsenal is situate, containing one hundred and fifty feet in front upon Jefferson avenue, and extending the same width, by parallel lines, at right angles, with said avenue, in a northwestern course, two hundred feet ; and one other lot, upon which the building occupied by the military store-keeper is situate, containing one hundred and twenty- five feet in front upon Jefferson avenue, and extending back, in a north- western direction, by parallel lines, at right angles with that avenue, Proviso. two hundred feet; And provided also, That the grant expressed in this act shall not take effect, until the said mayor, recorder, aldermen, and freemen, in their corporate capacity, shall have secured to the United States a sum of money, to be expended under the direction of the Sec- retary of War, sufficient for the erection of a magazine, -at a place with- out the limits of the city, to be designated by the War Department, (a) (a) See Nos. 453, 468, 479, 481, 501, 583. May 20, 1826. No. 472. AN ACT giving the right of pre-emption of a certain lot of land to Charles Vol. 6, p. 348, Xoble. Eight of pre- Be it enacted, #c., That Charles Noble be, and he is hereby, entitled to mption granted a preference, in becoming the purchasing [purchaser] at private sale, of one square acre of land, known and designated as the <: Wayne Stock- ade," lying and being in the southern land district of the Territory of Michigan, and bounded as follows, to wit : in the front, or the south, by the public highway, on the north side of the river Raisin, leading up and down said river, and on the east, north, and west, by lands patented to Jacques and Francis Laeselle, upon the payment of forty dollars to the receiver of public moneys, in the aforesaid land district, and on the presentation of the said receiver's receipt for that amount to the Secre- tary of the Treasury, the said Charles Noble, or his legal representatives, shall be entitled to a patent from the United States. March 2, 1827. No. 473. AN ACT to authorize the President of the United States to ascertain and, Vol. 4, p. 236. designate the northern boundary of the State of Indiana. [See INDIANA, No. 245.] MICHIGAN. No. 474.-AN ACT to confirm certain claims to lands in the Territory of Michigan. April 17, 1828. Vol. 4, p. i'GO. Be it enacted, D ices in preparing and publishing maps for the use of the commissioners aforesaid. SEC. 6. And be it further enacted, That, for surveying the donation Same compen- rights or back concessions in said Territory, heretofore made under the sation per mile, above-mentioned acts of Congress, and not paid for, and also for such the^ioth^ection surveys as may be necessary to carry into effect the provisions of this f theactof Feb. act, there shall be paid, out of any money in the Treasury not otherwise 8, 1827, to bepaid appropriated, the same compensation per mile as is allowed by the tenth for surveying the section of the act of the eighth of February, one thousand eight bun- Qj 11 ^^^ conces^ dred and twenty-seven, entitled "An act to provide for the confirmation S i ns in said Ter- and settlement of private land claims in East Florida, and for other ritory. purposes," any thing in any act to the contrary notwithstanding, (a) W See Nos. 197, <54, 455, 457, 461, 464, 466, 514, 532. No. 475. AN ACT for the benefit of Mary Ann Bond, and Mary Loveless. April 17, 1828. Be it enacted, #c., That Mary Ann Bond, and Mary Loveless, daughters >p ' _ 1_ of Hugh Smith, deceased, be, and they are hereby, authorized to enter, Authorized to and obtain patents for, four hundred acres of land in the Territory of en j er and obtain Michigan, without making payment therefor: Provided, however, That es of land ia the entry or entries shall be made on such land, in said Territory, as has Michigan. been offered for sale, and is now subject to entry, and shall be made, as Proviso. to three hundred and twenty acres thereof, in a half-section, or in quar- ter-sections, and, as to the remaining eighty acres, by taking one-half of a quarter-section adjoining said entry, running the lines parallel with. those of the quarter-section, or half -section so entered. 200 MICHIGAN. May 24, 1828. No. 476. AN ACT authorizing the legislative council of the Territory of Michigan VoL 4, p. 314. to take charge of school lands in said Territory. Governor, &c., Be it enacted, $c., That the governor and legislative council of the to make such Territory of Michigan be, and they are hereby, authorized to make such laws, &c., asthey j awg and nee dful regulations, as they shall deem most expedient, to pro- dient, to protect tect from in J ur y and waste section numbered sixteen, in said Territory, from injury, &c., reserved in each township, for the support of schools therein ; and to section 16, re provide, by law, for leasing the same, for any term not exceeding four 3 years, in such manner as to render them productive, and most conducive support of to the objects for which they were designed, (a) schools, &c. (a) gee Nos 45g) 493) 562) 586 . Jan. 13, 1830. No. 477. AN ACT to authorize the exchange of certain lots of land between the Vol. 4, p. 370. university of Michigan Territory and Martin Baum and others. Trustees of the Be it enacted, $c., That the trustees of the university of Michigan be, University of and they are hereby, authorized to exchange with Martin Baum and ^ed^Txchan-e otlier ?> the tracts of land designated as river lots, numbered one and with Martfnt wo > in the United States' reserve of twelve miles square, on the Miami Baum certain of Lake Erie, heretofore purchased from the United States, and which, land, for certain having been relinquished by the said Martin Baum under the provis- ions of the act of the second of March, one thousand eight hundred and twenty-one, for the relief of the purchasers of the public lands, were afterwards selected by the Secretary of the Treasury, for the said uni- versity, under the provisions of the act of the twentieth of May, one thousand eight hundred and twenty-six, entitled "An act concerning a seminary of learning in the Territory of Michigan," for such other lands President of as may be agreed upon by them ; and the President of the United States, ates to U p On De ing advised by the said trustees that such exchange has been patents/ 6 ' ma<3e : is hereby authorized and required to issue patents in such man- ner as may be necessary to carry this act into full effect, (a) (a) See Nos. 196, 470, 489, 490, 493. April 23, 1830. No. 478.-AN ACT for the relief of Gabriel Godfrey and John Baptiste Beaugrand. Be it enacted, $~c., That the President of the United States be, and he Patent for land is hereby, authorized to issue a patent to Gibriel Godfrey and John Bap- thenf 1S8ued to tiste Beaugrand, for a tract of two hundred and twenty-five acres, sur- veyed for them under an act, entitled "An act regulating the grants of land in the Territory of Michigan," and designated on the plat of sur- vey of the United States reserve, of twelve miles square, on the Maumee of the Lake, as number five hundred and ninety-five, on their paying to the receiver of public moneys in the land office at Detroit, the balance of the purchase money due thereon, without interest, and with the usual . discount, at any time within one year after the passage of this act: Provided, The said tract of land shall not have been sold to any other person. May 28, 1830. No. 479. AN ACT relative to the plan of Detroit, in Michigan Territory. ' p ' ! Be it enacted, $c., That the governor and judges of the Territory of Report to be Michigan, or any three of them, are hereby required to make a report made, of the plan of laying out the town of Detroit, under and by virtue of an act, entitled "An act to provide for the adjustment of titles of land in the town of Detroit, and Territory of Michigan, and for other pur- poses," passed the twenty- first April, one thousand eight hundred and six ; one copy of which shall, on or before the first day of January next, be deposited and recorded in the office of the secretary of the Territory of Michigan, and another copy transmitted to the Secretary of State of the United States, to be by him laid before Congress, (a) (a) See Nos. 453, 468. 471, 481. 501, 583. MICHIGAN. 201 480. AN ACT to establish a land office in the Territory of Michigan, and for Feb. 19, 1831. other purposes. Vol. 4, p. 442. i it enacted, #c., That all the public lands to which the Indian title Land district been extinguished, lying west of the meridian line, in the Territory established in of Michigan, shall constitute a*new land district; and, for the sale of Michigan, the public lands within the said district there shall be a land office established at such place within the district, as the President of the President to United States may designate, who is hereby authorized to change the locate the office, location of such office, whenever, in his opinion, the public interest may require it. SEC. 2. And be it further enacted, That the land office now established Monroe land at Monroe, shall be removed to the place designated for the location of office Amoved, this office, and the register and receiver of the Monroe land office, shall superintend the sales of public lands within said district, who shall give security in the same manner, in the same sums, and whose compen- sation, emoluments, duties, and authorities, shall, in every respect, be the same, in relation to the lands which shall be disposed of at their office, as are or may be by law provided, in relation to the registers and receivers of public moneys in the several offices established for the sale of public lands, (a) SEC. 3. And be it further enacted, That all the public lands lying east Detroit district of the meridian line in the Territory aforesaid, which are not now em- extended, braced in the district of Detroit, be, and they are hereby, attached thereto ; and it shall be the duty of the register and receiver of the land office in said district to deposit in the land office at Detroit all the records, books, and papers, surveys, &c. which pertain to said land office at Monroe, which shall be kept by the register and receiver of the Ian 4 office at Detroit, as a part of the records of said office. SEC. 4. And be it further enacted, That all such public lands as shall Lands to be have been offered for sale to the highest bidder at Monroe or Detroit, entered and sold pursuant to any proclamation of the President of the United States, and which are embraced within the provisions of this act, and which lands remain unsold at the taking effect of this act, shall be subject to be entered and sold at private sale, by the registers of the land offices to which they are hereby attached ; and all provisions of law applicable to the public lands, to which this act applies, shall continue in full force and effect. (&) ******* (a) See Nos. 196, 197, 455, 465, 467, 469, 484, 486, 490a, 503, 515, 522, 525a, 529, 536. (6) See Nos. 85, 197, 455, 467, 503, 515. 526, 535, 574, 575, 583, 584. No. 481. AN ACT making provisions for the sale and disposition of the public June 28, 1832. grounds in the cities of St. Augustine and Pensacola, and to reserve certain lots Vol. 4, p. 550. and buildings for public purposes, and to provide for their repair and preservation. SEC. 5. And be it further enacted, That the President of the United Part of certain States is hereby authorized to dispose of such part of the military military reserva- reservations in the city of Detroit, and upon the river Rouge, in the a^dthe TH-O ceeds Territory of Michigan, as in his opinion may not be wanted for the to be vested in public service, and to vest the proceeds in the purchase or erection of a the purchase or store-house and wharf in the said city of Detroit, and in the erection erection of a of an arsenal in the vicinity thereof, either upon the public lands or Llarf 6 and ^rse' upon a site to be procured for that purpose, (a) na l. ' (a) See Nos. 453, 468, 471, 479, 501, 583. No. 482 AN ACT for the relief of John Anderson, assignee of Jean B. Jerome Jul y 10 - 1832 - and George McDougall. Vol. 6, p. 506. Be it enacted, #c., That the surveyor-general of Ohio, Indiana, and Survey of a Michigan, under the direction of the Secretary of the Treasury, shall, certain tract of as soon as practicable, survey, or cause to be surveyed, a certain tract land directed, of land confirmed by the board of commissioners, appointed by virtue of an act of Congress, entitled "An act to revive the powers of the commissioners for ascertaining and deciding on claims to land in the district of Detroit, and for settling the claims to lands at Green Bay, &c.," approved May the eleventh, one thousand eight hundred and twenty, to George McDougall, as will more fully appear by reference to the fourth volume of the reports of said commissioners, made in one thousand eight hundred and twenty-four, and confirmed by act of Con- 202 MICHIGAN. gress of the second of January [seventeenth of April], one eight hundred and twenty-eight ; and also, one other tract of land con- firmed by the commissioners aforesaid, to Jean B. Jerome, as will more fully appear by reference to the fifth volume of the reports of said commissioners, made in one thousand eight hundred and twenty-four, and confirmed as aforesaid, by act of Congress, of second January [seventeenth of April], one thousand eight hundred and twenty-eight ; and shall return to the register of the land office of the district wherein such lands lie, an accurate plat of such survey, exhibiting such portions of laud lying within the exterior lines of the aforesaid claims as have been disposed of by the Government; such (if any) as have been pat- ented for the benefit of one or either of the aforesaid claimants, and those still belonging to the Government. Certificate to SEC. 2. And be it further enacted, That the register of the laud office issue for all such aforesaid shall forthwith issue to John Anderson, of Monroe, Michigan la h^h & a'te UP ts Territor F ( as8i S nee ot Jean B - Jerome and George McDongall) his heirs shall issue, &c. or assigns, a patent certificate for all such lands, within the exterior lines of the tracts aforesaid, as now belong to the Government, upon which patents shall issue to the aforesaid John Anderson, his heirs, and Authorized to assigns. And for the purpose of carrying into full effect the lecoui- enter land, not mendations of the commissioners aforesaid, the said John Anderson exc eeding 840 shall be entitled, and is hereby authorized, as soon as the return of the surveys aforesaid shall have been made to the register's office, to enter a quantity of land upon any of the United States' lands which have been surveyed and offered for sale in the Territory of Michigan accord- to the legal subdivisions of the United States' lauds, which when added to the quantity which the Government either have patented, or may be able to patent to him, within the limits of the original claims, sh^ll equal the entire quantity recommended by the commissioners aforesaid, not exceeding in the whole eight hundred and forty acres. If, in locating, SEC. 3. And be it further enacted, That, if in locating the aforesaid &c., he shall be residuum according to the legal subdivisions of the United States' lands, entitled, &c., the the said John Anderson shall be entitled to any number of acres less Saining quantity than the l we st subdivisions of the public lands, he shall then be enti- may be applie.!, tied to apply the price of such remaining quantity in payment towards &c. any other tract which he or his heirs or assigns, may afterwards choose to purchase of the Government. Jnly 14, 1832. No. 483. AN ACT for the relief of William Hoffman, a Canadian volunteer. Vol. 6, p. 525. e a enacted, &c - and return the same to Congress at its next annual session, and that the sum of three thousand dollars be, and the same is hereby appropriated to carry into effect this act : Provided, That the whole expense of sur- veying, marking and designating the said boundary line shall not exceed that sum. (a) (a) See Nos. 451, 459, 462, 473, 487, 491, 492, 497, 499, 511, 512. Appropriation. Proviso. No. 499 AN ACT making appropriations for the support of the Army for the year March 3, 1841. one thousand eight hundred and forty-one. Vol. 5, p. 433. #***### SEC. 3. And be it further enacted, That for the purpose of designating Survey of the and marking the boundary line between the State of Michigan and ?? unt $ betwee . n Territory of Wisconsin, agreeably to the true intent and meaning of the and Montreal second section of the act entitled "An act to establish the northern rivers, boundary line of the State of Ohio, and to provide for the admission of the State of Michigan into the Union, upon the conditions therein ex- pressed," there be, and is hereby appropriated, the sum of six thousand dollars, to be expended under the direction of the Secretary of War, in the survey and examination of the country situated between the mouths of the Menomonie and Montreal rivers, who is hereby directed to cause to be made a plat or plan of such survey and examination ; which shall be returned to Congress with all convenient dispatch, (a) (a) See Nos. 451, 459, 462, 473, 487, 491, 492, 497, 498, 511, 512. No. 500. AN ACT for the relief of Obed P. Lacey. Whereas, it is provided, by the third article of the treaty of September twentieth, eif 1 - - - - - - July 9, 1842. Vol. 6, p. 834. ighteen hundred and twenty-eight, with the Pottawatomies, Preamble, that " a section of land shall be granted to Madeline Bertrand, wife of Joseph Bertrand," to be located under the direction of the President of the United States ; and in accordance with said provisions, the locating agent, appointed by the United States, did, in the year eighteen hundred and thirty-five, locate her reservation upon section twelve, township thirty, range seven east ; and the said Madeline and her husband Joseph Bertrand, did, on the fifteenth day of September, eighteen hundred and thirty-six, by deed, convey said tract to Obed P. Lacey ; and whereas the said Lacey had been previously informed by the War Department that said location had been made and would be approved ; and whereas three of the four quarters of said section were, on the twelfth day of October, eighteen hundred and thirty- five, sold at the public land sales, in consequence of which, the location was removed, and subsequently laid on fractional section twenty-six, township seven south, range seven- teen west, in the State of Michigan ; and whereas it appears, from the conveyance above recited, that the said Madeline and her husband, Joseph, for an adequate consideration, transferred all their right, title, and interest, to said reservation : Therefore, Be it enacted, &c., That the deed described in the above preamble shall The deed de- be deemed a full relinquishment, on the part of Madeline Bertrand, of scribed in the all her claim to land under the treaty with the Pottawatomies of Sep- SeeS a full teinber twentieth, eighteen hundred and twenty-eight. relinquishment, SEC. 2. And be it further enacted, That so soon as the said Obed P. &c. Lacey shall execute, to the satisfaction of the Secretary of War, a full u P on - ? ^ a- relinquishment of all claim he may have, under the deed aforesaid, as hiSim^pltenf assignee of Madeline Bertrand and Joseph Bertrand, to section twelve, shall issue to him township thirty, range seven east, the President of the United States for certain land, shall cause a patent to be issued to him, the said Obed P. Lacey, for fractional section twenty-six, township seven south, range seventeen west, which was located, and the location thereof approved, to the said Madeline, as a full satisfaction for the aforesaid relinquishment, on the part of said Obed P. Lacey, and of the claim of said Madeline Bertrand, under the treaty of September twentieth, eighteen hundred and twenty- eight. 14 L 0VOL. II 210 MICHIGAN. Aug. 29, 1842. JVo. 501. AX ACT supplementary to "An act to provide for the adjustment of titles YoL 5, p. 541. to land in the to .vn of Detroit, and Territory of Michigan, and for other purposes," passed April twenty-one, eighteen hundred and six. Mayor, &c., of Be it enacted, c., That the mayor, recorder, and aldermen of the city Detroit iuthor- of D etro it, in the State of Michigan, be, and they, or a quorum of them claims under J the in council assembled, are hereby, authorized to hear, examine, and act to which this finally adjust, all claims arising under the act to which this is supple- i s s u pplement- mentary, against the governor and judges of the late Territory of Michi- ^y* gan, and receive all moneys, or other rights to property to which the said governor and judges were entitled, or became entitled under said act. Mayor, &c., au- SEC. 2. And be it further enacted, That the said mayor, recorder, and i^joSnata aldermen, of the said city of Detroit be, and they are hereby, entitled &c!,^f the board to receive from any person or persons having possession of the same, the acting under act journals, records, papers, and books of the governor and judges of the April 21, 1806. j a te Territory of Michigan, acting as a land board, under the act of vested ^ia' said' ^-P 1 ^ twenty-first, one thousand eight hundred and six, to which this board, transfer- is a supplement ; and that all powers and rights vested by the said act red to the mayor, in the said governor and judges, for the purposes therein mentioned, &c - ar.e hereby transferred and vested in the mayor, recorder, and aldermen, thOTized'toinsti" of the citv of Detroit > in the State of Michigan. And the said mayor, tute legal pro recorder, and aldermen, are hereby authorized to institute proceedings ceedings. at law or in equity, in any court of competent jurisdiction, in all cases where it may be necessary to carry into effect the purposes of this act. All property, SEC, 3. And le it further enacted, That any land or other property, house* and 00 '"!! real or P ersonal > remaining, except the court-house and jail erected vested in the under the act to which this is a supplement, after satisfying all just mayor, &c. claims provided for in the first section of the act to which this is a sup- plement, is hereby vested in the said mayor, recorder, and aldermen, of the city of Detroit, to be disposed of by them at their discretion to the best advantage ; and they are hereby authorized to make deeds to pur- chasers thereof, or other sufficient conveyances ; and the proceeds of the laud or other property effects or claims so disposed of, and of other rights and claims of the said governor and judges, shall, after the pay- ment of all necessary expenses incurred in giving effect to said act and to this act and in the adoption of such measures as they may deem nec- essary for preserving in proper form the records and other evidences of the proceedings of said governor and judges, be applied by the said mayor, recorder and aldermen, to such object or objects of public im- provement in said city, as the said mayor, recorder, and aldermen, may Mayor, &c., to i n council direct. And the said mayor, recorder and aldermen are take an oath or hereby required to take an oath or affirmation for the faithful discharge of their duties under this act, and make a report to Congress, in writing, of their proceedings, on or before the first day of January, one thousand eight hundred and forty-four, (a) (a) See Nos. 453, 468, 471, 479, 481, 583. Aug. 31, 1842. No. 5O2. AN ACT for the relief of the heirs, or assignees, or legal representatives Vol. 6, p. 875. of James May. Certain land Be M enacted, <$~c., That there be, and hereby is, granted to the legal granted in satis- heirs of James May, deceased, or the legal assignee of James May, or foctionof a claim legal representatives of such assignee, of the late Territory of Michigan, wmSufs and '?' the tract of land described a8 follows, namely: Section number four, in May. township number one north, of range number thirteen east, in the dis- trict of land subject to sale at Detroit, Michigan, in satisfaction, so far as said heirs are concerned, of the claim confirmed to John E. Williams and said James May, by the commissioners acting under an act entitled "An act to revive the powers of the commissioners for ascertaining and deciding on claims to land in the district of Detroit, and for settling the claims to lands at Green Bay and Prairie du Chien," passed May the eleventh, eighteen hundred and twenty, and that the President of the United States be authorized to issue a patent in pursuance of this act.(a) (a) See No. 504. MICHIGAN. 211 No. 503. AN ACT providing for the sale of certain lands in the States of Ohio and March 3, 1843. Michigan, ceded by the Wyandot tribe of Indians, and for other purposes. Vol. 5, p. 624. ******* Lands in Wy- SEC. 6. And be it further enacted, That all the lands in the Wyandot andot reserve in reserve, on both sides of the river Huron, in the State of Michigan, Michigan to be ceded to the United States by the aforesaid treaty, (a) shall be attached f^Ustrict and to and made a part of the district of lands subject to sale at Detroit ; (6) offered for sale. and shall be offered for sale at the land office, in the same manner, both as to public and private sale, as is directed for the sale of the lands of the reserve in the State of Ohio by this act. (c) Provided, That the land shall not be sold for less than two dollars per acre. (a) Treaty of March 17, 1842. See No. 456. (&) See Nbs. 196, 197, 455, 465, 467, 469, 480, 484, 486, 490a, 515, 522, 525a, 529, 536. (c) See Nos. 85, 158, 197, 455, 467, 480, 515, 526, 535, 574, 575, 583, 584. No. 504. AN ACT for the relief of John K. Williams. March 3, 1843. Be it enacted, #c., That there be, and is hereby granted to John R. Will- VoL 6> p ' 889< iams, of the State of Michigan, the folio wing-described tract of land, to Land granted wit : the east half of section thirty-three, and the west half of section tohiminsatisfac- tbirty-iour, township two north , range thirteen east, in the district of land {jaina subject to sale at Detroit, Michigan, containing six hundred and forty acres ; this grant being in satisfaction (so far as said Williams is con- cerned) of the claim confirmed to John R. Williams' and James May by the commissioners acting under an act entitled "An act to revive the powers of the commissioners for ascertaining and deciding on claims to lands at Green Bay and Prairie du Chien," passed May eleven, eighteen hundred and twenty, and that the President of the United States, be au- thorized to issue a patent in pursuance of this act. (a) (a) See No. 502. No. 5O5. AN ACT for the relief of the heirs, or the assignees of the heirs, of Isaao March 3 1843 Todd and James McGill. y l g, p. 905. Be it enacted, #c., That all the right, title, interest, claim, and demand of the United States in, over, and to the following-described tract or states to certain parcel of land, situate, lying, and being in the State of Michigan, known land relinquished as claim two hundred and seventy, as entered upon the records of the to J. McGill, his land board at Detroit, under the act of twenty-sixth of March, anno heirs > &c - Domini one thousand eight hundred and four, be, and the same is here- by, relinquished (o James McGill, his heirs, and legal representatives, and to those legally holding under him or them ; and all the right, title, Right of United interest, claim, or demand of the United States in, over, and to the fol- States to ce . rt j?j| lowing described tracts or parcels of land situate, lying and being in to^saac Todd, his the State of Michigan ; that is to say, those certain tracts numbered two heirs, &c. hundred aud sixty-seven and two hundred and sixty-eight, as entered on _ Proviso, quishrnent on the part of the United States shall not take effect until the said James McGill and Isaac Todd, their heirs, or those holding and claiming the said land through them, for a consideration to be fixed by the valuation, upon oath, of three disinterested men, to be selected by the Secretary of War, and paid by the United States out of the sum of fifty thousand dollars appropriated by the act of September the ninth, A. D. eighteen hundred and forty-one, entitled "An act making appro- priations for various fortifications for ordnance, and for preventing and suppressing Indian hostilities," shall execute to the United States in such form and with such covenants, as shall be prescribed by the Secre- tary of War, a good and sufficient deed to the following-described part of said tracts, that is to say, a tract adjoining on the southwest side, the land lately purchased by the United States from B. B. Kerchivell, bounded as follows : beginning at the northwest corner of said public land, thence south thirty-five degrees, west twenty -five chains, thence south twenty-eight degrees sixteen minutes east, twenty chains, more or less to the Detroit River, thence along the shore of said river in a northeasterly direction to the southwest corner of said public laud; thence along the southwesterly boundary of the same to the place of be- ginning, containing forty acres more or less, which is hereby reserved to the United States for military purposes. 2 1 2 MICHIGAN. Land patent to Be it enacted, $-c., That the President of the United States be, aiid he be issued. 1 8 hereby, authorized and required to cause to be issued to Joseph Cam- pau, assignee of the children and heirs of Taw-cum-e-go-qua (an Indian woman) a patent for section number one, of the Indian reservation at the Grand Traverse of Flint River, in the State of Michigan, which section was reserved to said Taw-cum-e-go-qua by the treaty concluded with the Chippewa Indians at Saginaw. in said State, on the twenty- Proviso, fourth of September, one thousand eight hundred and nineteen : Pro- vided, That before said patent shall be issued, said Campau shall file, in the office of the Commissioner of the General Land Office, proof that he has purchased said land of the children and heirs of said Taw-cum-e-go- qua, and that he paid therefor, at the time when said purchase was made, a fair and equitable consideration, (a) (a) See Nos. 508, 524. Jane 17, 1844. No. 507. AN ACT explanatory of the treaty made with the Chippewa Indians at Vol. 5. p. 680. Saganaw, the twenty third of January, eighteen hundred and thirty-eight. First and sec- Be it enacted, <$*c., That the first and second articles in the treaty made ond articles of w ith the Chippewa Indians, on the twenty-third of January, one thou- pewas ofJanuarv 8an ^ e ight hundred and thirty-eight, shall be so construed as to prevent 23,1838, how to be the sales of land ceded by said treaty for a less sum than two dollars construed. and fifty cents per acre from and after the first day of September, one thousand eight hundred and forty -three ; and that the minimum price of said lands, from and after that day, shall be two dollars and fifty cents per acre. June 17, 1844. No. 5O8. AN ACT for the relief of Joseph Campau. Be it enacted, #c., That it shall be the duty of the register of the land Patent to issue office at Detroit, in the State of Michigan, on being fully satisfied of t' h ^d f0r cer ~ the justice of the claim of Joseph Campau to a certain tract of land on the border of Lake St. Clair, in said State, designated on the plat of private land claims, surveyed under the authority of the United States by Aaron Greely, as lot number seven hundred and thirty-six, contain- ing about seventy-five acres, to grant to said Joseph Campau a patent certificate for said tract, upon which a patent may be issued in the usual manner in which patents have heretofore been issued to claim- ants under the act of the third of March, one thousand eight hundred and seven, entitled "An act regulating the grants of land in the Terri- tory of Michigan." (a) (a) See Nos. 506, 524. March 3 1845 ^' 5O9. AN ACT making appropriations for the civil and diplomatic expenses Vol 5 T> 752 of tne Government for the year ending the thirtieth June, eighteen hundred and ' p ' forty-six, and for other purposes. Surveyors and Surveyors and their Clerks. For compensation of the surveyor-gen- their clerks. era i northwest of the Ohio, and the clerks in his office, eight thousand th X Oh' 68t three hundred dollars: Provided, That said surveyor-general's office Proviso : office northwest of the Ohio shall be removed to and kept at such place in the to be removed to State of Michigan as the President of the United States shall from Michigan. time to time direct. And that on the removal of the said office as handecfover aforesaid, or as soon thereafter as practicable, the surveyor-general of said district shall be required to deliver over to the secretaries of state of the States of Ohio and Indiana, or such other officers as may be authorized to receive them, all the field-notes, maps, records, and other papers appertaining to the surveys and land titles within their limits, (a; ******* (a) See Nos. 11, 197, 458, 460, 513, 590. MICHIGAN. 213 No. 51 0. AN ACT for the relief of Charles M. McKenzie. Be it enacted, $-c., That Charles M. McKenzie be, and he is hereby, authorized to locate eighty acres of land in any of the unlocated lands of the United States, in the State of Michigan, subject to private entry July 18, 1846. Charles M. Mc- 2 ^ a ?ocate on his executing a deed of release of seventy-five acres to the United eighty acres of States, being that part of the south half of the southeast quarter of United states section twenty-seven, township five, range one east, in the State of land in Michigan, Michigan, not used or occupied by the said Charles M. McKenzie, being J e \e a ^ C1 to mg the land covered by water ; which deed of release shall be deposited with united States of the register of the land office it Detroit, Michigan, and the receipt and seventy -five certificate of said register shall be sufficient evidence to the register of acres - any other land office in the State of Michigan, when the said McKen- zie may desire to locate said eighty acres of land, of his compliance with the requisitions of this ac*/. 9, p. 56. No. 511. AN ACT to enable the people of Wisconsin Territory to form a constitu- Aug. 6, 1846. tion and State government, * * *. Vol. [Jurisdiction of islands in Brule" and Menomonie rivers. em, No. 622.] See WISCON- No. 512. AN ACT making appropriations, &c. [So much of line between Michigan and Wisconsin as lies between the sources of Bruld and Montreal rivers to be surveyed. See WISCONSIN, No. 624.] Aug. 10, 1846. No. 513. A RESOLUTION relative to errors and defective returns in certain sur- veys, plats, and field-notes. Aug. 10, 1846. Yol. 9, p. 115. Com missioner Land Resolved, #c., That the Commissioner of the General Land Office be, and he is hereby, authorized to employ some suitable person to ascer- tain and report to the said Commissioner of the General Land Office the amount of damages sustained by the respective purchasers of public tamed by pur- lands in township one south, range seven east, in the State of Michigan, chasers of cer- (or by their respective assignees and legal representatives,) by, or in tain land in Mich- consequence of, the erroneous or fraudulent surveys of said township, lgan " or of the imperfect or false returns thereof ; and it shall be the duty of such person so employed, to proceed to such township, and, upon view of the premises, and upon hearing the proofs of the parties in interest, to estimate and ascertain said damages, and to report his opinion and decision thereon, specifying in his said report each individual case, and the facts and reasons upon which his opinion may be founded, (a) (a) See. Nos. 11, 197, 458, 460, 509, 590. No. 514. AN ACT to regulate the exercise of the appellate jurisdiction of the Su- Feb. 22 1847. preme Court of the United States in certain cases, and for other purposes. Vol. 9, p. 128. [See FLORIDA, No. 1677.] No. 5 1 5. AN ACT to establish a land office in the northern part of Michigan, and March 1, 1847. to provide for the sale of mineral lands in the State of Michigan. Vol. 9, p. 146. Be it enacted, cfc., That all that portion of the public lands in the Lake Superior State of Michigan lying north of the boundaries of the Saganaw and land district. Grand River land districts in said State, commonly called the northern peninsula of the State of Michigan, with the islands in Lakes Superior, Huron, and Michigan, and in Green Bay, the Straits of Michilimack- inac, and the River St. Mary's, within the jurisdiction of said State, be, and the same are hereby, included in the land district, to be called the Lake Superior land district : and for the sale of the lauds in said dis- trict, there shall be a land office established at such point therein as the President of the United States may select, (a) SEC. 2. And be it further enacted, That the Secretary of the Treasury Secretary of shall cause a geological examination and survey of the lands embraced Treasury shall in said district to be made and reported to the Commissioner of the elam General Land Office. And the President is hereby authorized to cause survey. 214 MICHIGAN. Mineral lands such of said lands as may contain copper, lead, or other valuable ores, (6) to be exposed to sale, giving six months' notice of the times and places of sales in such newspapers of general circulation, in the several States, as he may deem expedient, with a brief description of the lands to be offered; showing the number and localities of the mines known, the probability of discovering others, the quality of the ores, the facilities of working the mines, and the means and expense of transporting their Other lands, products to the principal markets in the United States. -"'And all the lands embraced in said district, not reported as aforesaid, shall be sold in the same manner as other lands under the laws now in force for the sale of the public lands, excepting and reserving from such sales sec- tion sixteen in each township for the use of schools, and such reserva- tions as the President shall deem necessary for public uses, (c) All persons in SEC. 3. And be it further enacted, That all those persons who are in actual occupan- possession, by actual occupancy, of any portion of the district described tom^cretaY? in the nrst section of this act, under authority of a lease from the Sec- War, may pur- retary of War, for the purpose of mining thereon, and who have fully chase to the ex- complied with all the conditions and stipulations of said lease, may tent of lease. enter and purchase the same at any time during the continuance of such lease, to the extent of such lease, and no less, by paying to the United States therefor at the rate of two dollars and fifty cents per acre : Provided, That said entry and purchase shall be made to include the original survey of such lease, as near as may be, conforming to the lines of the public surveys of sections and subdivisions thereof. And Persons in ac- all those persons who are in possession, by actual occupancy, of any of tual occupancy 8a i stating how long he has been in the actual possession of the lot, men'ta, extent, * ne nature of his improvements, the extent of front and depth requisite &c. ' ' to embrace his actual settlement and improvements, the estimated value of the lot at the time of his settlement, and its present value, exclusive of improvements, as also the value of such improvements, and also designating, as accurately as practicable, its position upon the public surveys ; and it shall and may be lawful for the aforesaid offi- cers, also, to take all necessary testimony in this class of cases in like manner, and perform similar duties as required in the foregoing sec- tion, and to receive any notice and evidence of any missionary claim from any party authorized to act, both as to the nature and extent of the same, and the grounds on which it may be entitled to equitable consideration. Officers to ar- SEC. 5. And be it further enacted, That it shall also be the duty of the range cases and land officers to examine and arrange the notices and testimony in all rertafccLsesrf case . 8 tiled under thi8 act > and the ca8es contemplated by the third abstracts. section, which they may confirm, shall be placed in abstract A, first class, and those under that section which may be rejected by them, shall be placed in abstract A, second class ; and in all cases contemplated by the fourth section of this act, the confirmation of the commissioners shall be placed in abstract B, first class, and their rejections in abstract B, second class. Form and con- SEC. 6. And be it further enacted, That in the aforesaid abstracts, the tents of ab- register and receiver shall designate the number of each claim, name of present and of original claimant, area, present value of the lot, exclusive of improvements, and the amount, which, in their opinion, it would be just to require as a payment for the same to the Government ; and the said officers shall designate on the aforesaid map of the public surveys the location of each claim as near as it can be ascertained from the tes- timony, with the estimated actual value, and the assessment thereon of the sum which, in their judgment, should be paid for the same to the Government. Surveyor- gen- SEC. 7. And be it further enacted, That the survey or- general at Detroit, eral at Detroit, on being notified of the completion by the land officers of the aforesaid on being inform- abstracts and map, shall despatch a skilfml deputy to the Sault Ste. of mapd ab n Marie, who shall file in the land office at that placets affidavit faith- stracts, to send a fully and impartially to discharge his duty, and thereupon there shall deputy to the be delivered to him the said abstracts and map, and he shall then pro- tok? off 'th^vil- ceed fortnwitn to la Y off and survey the village of Sault Ste. Marie into lageJ l ' town lots, streets, avenues, public squares, out-lots, having regard to the lots and streets already actually surveyed, existing or established, and having regard also to the existing limits and extent of the lots, and to the existing limits and extent of the lots covered by the claims which shall have been adjudicated by the register and receiver ; and after such Further duties surveys shall have been completed, the aforesaid deputy shall prepare a of the deputy. plat exhibiting, in connexion with the lines of the public surveys, the exterior lines of the whole village, also the squares, individual lots, and MICHIGAN. 217 the public lots, and also the out-lots, designating the lots reserved for military or other purposes, according to the extent and limits of the same, as fixed by the proper military officers, pursuant to the require- ments of the second section of this act, and specifying the name of each claimant of the individual lot, and whether confirmed or rejected, the sum assessed by the register and receiver as a payment which should be made in each case by the party, and also designating the vacant in-lots and out-lots, the former of which shall be subdivided into lots not to exceed each a quarter of an acre, and the latter not to exceed two acres each ; and it shall be the duty of the said deputy, from the best infor- mation he can obtain, and after conference with the land officers, to specify on the survey of each vacant lot the actual present estimated value, and it shall be the duty of the aforesaid deputy to return to the register and receiver their abstracts and map, and to submit to them his plat of the actual surveys, and if they shall be satisfied that it is in ac- cordance with their adjudications, they shall append a certificate to that effect, and the said deputy shall then transmit the said plat with the field- notes to the surveyor-general at Detroit for examination of the work, and if that officer shall find it faithfully and properly executed, he shall allow the said deputy a per diem of five dollars for every day Compensation, actually and necessarily engaged in the preliminary examination and surveys, and in the construction of the plat, and shall also pay all neces- sary expenses. SEC. 8. And be it further enacted, That it shall be the duty of the sur- Abstracts and veyor-general, upon the approval of the plat, or actual survey by his maps, with plat, deputy, to return the said plat to the register and receiver, who shall to be transmitted thereupon transmit the same, with their abstracts, maps, and record of ^ Generai S8 La^fd testimony, to the Commissioner of the General Land Office, whose deci- office, whose de- sion in every case shall be final, and binding upon the parties and the cision,inallcases, Government, and who shall have power either to affirm, modify, or re- sha11 be binding, verse the decisions of the register and receiver, and to authorize them to grant a certificate upon the cash payment to the receiver, of what may be determined to be a fair assessment on the lot confirmed ; and upon such payment being made, and the return of the certificate to the General Land Office, a patent shall issue. And the said register and re- ceiver shall each receive, from the proceeds of such sales, the sum of five dollars for every claim examined and adjudicated by them under this act. SEC. 9. And be it further enacted, That it shall and may be lawful for Commissioner the Commissioner to order into market, after public notice of at least authorized to or- two months, all vacant lots, or lots to which a claim may be rejected, der vacant lots to and to sell the same for cash to the highest bidder, subject to a minimum lie "notice of *two of two-thirds of their estimated value ; and upon such sales being made, months, and proper returns reported to the General Land Office, the Commissioner, After adjudi- if the proceedings are found regular, shall be authorized to issue patents. c a * * n claims, SEC. 10. And be it further enacted, That after all the claims shall have cant lots afl mo- been adjudicated, surveyed, and the vacant lots sold, it shall be the duty neys received, of the proper accounting officers of the Treasury to ascertain the net after deducting amount of sales, after deducting all expenses incident to the execution ^^"to^'the aiT of this act, and such amount shall be paid over by the Secretary of the thorities of Sault Treasury to the trustees, or other constituted authorities, of Salt Ste. Ste. Marie, to be Marie, to be expended by them in the improvements of the streets and expended in pub- erection of public buildings, (a) (a) See No. 534. No. 518. -AN ACT to reduce the minimum price of the mineral lands in the Lake Sept. 26, 1850. Superior district in Michigan, and in the Chippewa district in Wisconsin. Vol. 9, p. 472. Be it enacted, $-c., That the mineral lands in the Lake Superior district Mineral lands in Michigan, and in the Chippewa district in Wisconsin, shall be offered ^Michigan and for public sale in the same manner, and be subject to the same mini- offereTf or sale as mum price, and the same rights of pre-emption as the other public lands other public of the United States; and such portions of the act of first March, lands, eighteen hundred and forty-seven, "to establish a land office in the. Parts of acts northern part of Michigan, and to provide for the sale of the mineral Sed lands in the State of Michigan," and of the act of the third March, eighteen hundred and forty-seven, " to create an additional land district in the Territory of Wisconsin, and for other purposes," as are incon- sistent with the provisions of this act, shall be, and the same are hereby, repealed : Provided, hoivever, That the right given by those acts of first Proviso. 218 MICHIGAN. and third March, eighteen hundred and forty-seven, to lessees, occu- pants, and permittees, to enter to the extent of their leases and permits, and no less, shall not be considered as impaired by this act ; but said lessees, occupants, and permittees shall be authorized to enter the land covered by their leases, occupancy, and permits, respectively, as therein provided, at the minimum price fixed by this act. Hoi der of a SEC. 2. And be it further enacted, That the holder of a lease or permit lease for more covering more than one full section of the mineral lands, as aforesaid, entftled^onsur! 8na11 be entit ^d, on the surrender and annulment of said lease or per- render of said niit, at the proper land office, to purchase, if he shall elect to do so, one lease to purchase full section, and no more, of the laud covered by said lease or permit, at at e tblminiSum a mir)imuni P rice of two dollars and fifty cents per acre, (a) price. () See Xos. 458, 515, 577. Aug. 25, 1852. No. 519. AX ACT to confirm to the State of Michigan certain lands selected for VoL 10, p. 30. saline purposes. Michigan selec- Be *'* enacted, $c. t That the selection and location by the State of tions of certain Michigan of the lands lying in said State, described as sections num- saline lands con- bered two, three, four, five, eight, nine, ten, eleven, fourteen, fifteen, twenty-one and twenty -two, in township seven north, of range fourteen east, heretofore made under and by virtue of the fourth proposition contained in the first section of an act entitled "An act supplementary to the act entitled 'An act to establish the northern boundary line of the State of Ohio, and to provide for the admission of the State of .Michigan into the Union, on certain conditions/ " approved June twen- ty-third, eighteen hundred and thirty-six, be and the same are hereby recognized as valid and confirmed to said State, in lieu of twelve other sections which were incorrectly noted as confirmations under said act, by reason of an erroneous interpretation given, at the General Land Office, to the original list of selections, (a) (a) See Xos. 458, 493, 516. Aug. 26, 1852. IVo. 520. AN ACT granting to the State of Michigan the right of way, and a do- VoL 10, p. 35. nation of public land for the construction of a ship canal around the 'Falls of St. Mary's, in said State. Right to locate Be it enacted, fc., That there be, and is hereby, granted to said State, FaTls oVsi 6 the right of locatin g a canal through the public lands, known as the granted to Mk military reservation of the Falls at St. Mary's River in said State ; and igan. that four hundred feet of land in -width extending along the line of such canal be, and the same is hereby granted, to be used by said State, or under the authority thereof for the construction and convenience of such canal, and the appurtenances thereto, and the use thereof is hereby vested in said State forever, for the purposes aforesaid, and no other: Proviso as to Provided, That in locating the line of said canal through said military route - reservation, the same shall be located on the line of the survey hereto- fore made for that purpose, or such other route between the waters above and below said falls, as under the approval of the Secretary of Size of the War may be selected. And provided further, That said canal shall be at canal. least one hundred feet wide, with a depth of water twelve feet, and the locks shall be at least two hundred and fifty feet long, and sixty feet wide. 750,000 thon- SEC. 2. And le it further enacted, That there be, and hereby is granted sand acres of to tbe 8a j d g tate o f Michigan, for the purpose of aiding said State in MMrilantoen constructing and completing said canal, seven hundred and fifty thou- ble it to construct sand acres of public lands, to be selected in subdivisions, agreeably to said canal. the United States surveys, by an agent or agents to be appointed by the governor of said State, subject to the approval of the Secretary of the Interior, from any lands within said State, subject to private entry. Said lands to SEC. 3. And be it further enacted, That the said lands hereby granted, otheTuse d t0 D 8ha11 be 8ub J ect to the disposal of the legislature of said State for the purposes aforesaid and no other ; and the said canal shall be, and remain No toll to be a public highway for the use of the Government of the United States, charged to the free from toll or other charge upon the vessels of said Government en- States. gaged in the public service, or upon vessels employed by said Govern- ment in the transportation of any property or troops of the United States. Proceeds of SEC. 4. And l>e it further enacted, That if the said canal shall not be sales of said commenced within three and completed within ten years, the said State MICHIGAN. 219 of Michigan shall he hound to pay to the United States, the amount lands to be paid which may be received upon the sale of any part of said lands by said g tat Q if sa \a That the Commissioner of the General Land Office Patent to be cause a patent to be issued to Joseph Campau, for the tract of land lying issued to J. Cam- j n township number six north, of range seventeen east, in the State of Pand in ^ch? Michigan, and described as follows, to wit: sixteen arpens by forty gan. French measure, commencing at a point on the south border of the river Au Delude, about two miles from its confluence with the river St. Clair, and thence up stream, upon said river Delude, sixteen arpens; at right angles with the said river Delude, to the distance of forty arpens ; thence in rear sixteen arpens ; thence to the place of beginning by a line of forty arpens in length. SEC. 2. And be it further enacted, That if the above description be not sufficiently definite, as to determine the precise boundaries of the said lands, the said Commissioner shalljcause the said tract of land to be sur- veyed without delay, and upon the filing of the said survey, together with "When to be a plat thereof, in the proper office, the said Commissioner shall causetobe surveyed. issued to the said Joseph Campau a patent for the lands so described Proviso me ' in ? uch 8urve y : Provided, That this act shall only be construed to be a relinquishment on the part of the United States, and shall not interfere with the rights of third persons, (a) (a) See Nos. 506, 50a Feb. 21, 1855. No. 525. AX ACT for the relief of Henry H. Marsh. VoL 10, p. 857. Beit enacted, $-c., That Henry H. Marsh be, and he is hereby, author- ' to relinquish to the United States the east half of the northeast of section number four, of township number eight south, of apply 86 . certain land, and range number thirteen west, in the district of lands subject to sale at the pur- Kalamazoo, in the State of Michigan, entered by him by mistake, on or to about tne twenty- first day of July, eighteen hundred and thirty-six, and to apply the money paid for said tract to the purchase of any other lands that may be subjected to entry at private sale, at the minimum price of one dollar and twenty-five cents per acre. April 5, 1856. No. 525a. AX ACT to continue temporarily the land offices at Kalamazoo, in the VoL 11, p. 2. State of Michigan, and at Palmyra, in the State of Missouri. Land office and Be it enacted, to be taken from the land adjoining the city cemetery and to be used for its enlargement and for no other purpose, so far and under such conditions and reservations as in the opinion of the Secretary of War the public interest present or prospective may require, (a) (a) See Nos. 531, 546, 551, 555, 558, 559, 576, 578, 580, 594. June 22, 1860. No. 534. AN ACT in relation to mission claims at Sanlt Ste. Marie, Michigan. Be it enacted, $-c., That the missionary claims referred to in the fourth Missionary section of the act of twenty-sixth September, eighteen hundred and ^ c 011 - fifty, entitled "An act providing for the examination and settlement of claims for land at the Sault Ste. Marie, Michigan," and reported upon by the register and receiver at Sault Ste. Marie, pursuant to said act, shall be entitled to recognition and confirmation in the same manner and on the same terms as claims of individuals therein provided for; and upon the final approval of the said claims, as provided in the eighth section of the act aforesaid, patents shall be issued therefor, (a) (a) See No. 517. July 5, 1862. No. 535. JOINT RESOLUTION relative to a certain grant of land for railroad VoL 12, p. 620. purposes made to the State of Michigan in eighteen hundred and fifty-six. Words " Wia- Resolved, c., That the words " Wisconsin State line," in the first sec- consin State tion of an act entitled "An act making a grant of lands to the State of line, "in act 1856, Michigan, in alternate sections, to aid in the construction of railroads Sed ' U ' in 8aid State," approved June third, eighteen hundred and fifty-six, shall, without forfeiture to said State or its assigns of any rights or benefits under said act, or exemption from any of the conditions or obligations imposed thereby, be construed to authorize the location of the line of railroad provided for in said act from Marquette, on Lake Superior, to the Wisconsin State line, upon any eligible route from the township of Marquette aforesaid, to a point on the Wisconsin State line, near the mouth of the Menomonee River, and touching at favorable points on Green Bay, with a view of securing a railroad available for military purposes from Green Bay to the waters of Lake Superior. And Line now lo- the line of railroad as now located in pursuance of said act from Mar- C h ted Ad may be q uette to tue Wisconsin State line, according to the records of the Gen- eral Land Office, is hereby authorized to be changed so as to conform to the route above indicated ; which line, when surveyed and the maps and plans thereof filed in the proper office, as required under said act of June third, eighteen hundred and fifty-six, shall confer the same rights upon and benefits to the State of Michigan and its assigns in said new line, as though the same had been originally located under said act. (a) Provisions of SEC. 2. And be it further resolved, That the provisions of an act of id I 852 ' 6X Congress, approved August fourth, eighteen hundred and fifty-two, entitled "An act to grant the right of way to all rail and plank roads and McAdamized turnpikes passing through the public lands belonging MICHIGAN. 225 to the United States," be, and the same are hereby, extended so as to be applicable to the new line of railroad so as above to be located : Pro- Proviso. vicled, The same shall be commenced within two years from the fourth day of August, eighteen hundred and sixty-two, and shall be completed within five years thereafter. SEC. 3. And be it further resolved, That the Secretary of the Interior Price of land be, and he is hereby, authorized to cause all even sections or parts of bordering on rail- even sections of public lands that may be brought within six miles of ro the new line of railroad, as herein provided for, to be sold at the same price and in the same manner those have or might have been, according to the said act of June third, eighteen hundred and fifty- six, upon the originally located route of railroad. And all purchasers, or their heirs Purchasers on or assigns, within the six-mile limits of said originally located route, old line may ex- who shall be more than six miles from the new line of route hereby cnan S e lands, authorized, and who have paid the sum of two dollars and fifty cents an acre, shall have the right either to exchange their locations upon the line as first established to the new line upon the same terms, in like quantities, and in the same manner, as on the line first established, as aforesaid, or at their option to enter, without further payment, any- where within the Marquette land district, in the State of Michigan, or that of the Grand Traverse land district, in said State, lying north or west of Lake Michigan, an additional quantity of public lands subject to private entry, at one dollar and twenty-five cents an acre, equal to the quantity entered by them at two dollars and fifty cents per acre, so that the lands originally entered by them shall be thus reduced to the rate of one dollar and twenty- five cents an acre. SEC. 4. And be it further resolved, That the even sections of public Public lands on lands reserved to the United States by the aforesaid act of June third, old line to be eighteen hundred and fifty-six, along the originally located route of the jjjjj for $1>25 P er Marquette and Wisconsin State Line Railroad Company, except where such sections shall fall within six miles of the new line of road so as aforesaid proposed to be located, and along which no railroad has been constructed, shall hereafter be subject to sale at one dollar and twenty- five cents per acre. (&) . SEC. 5. And be it further resolved, That upon the filing in the General Eights of the Land Office of the lists of said railroad lands, in whole or in part, as State of Mich- now selected and certified in the General Land Office, with the certificate m of the governor of the State of Michigan, under the seal of the State, that said State and its assigns surrender all claim to the lands, as afore- said, set forth and described in the lists thereof thus certified, and that the same have never been pledged or sold or in anywise encumbered, then the State of Michigan or its assigns shall be entitled to receive a like quantity of land, selected in like manner, upon the new line of road as thus surrendered upon the first line, and to the extent of six sections per mile in the aggregate for every mile of the new line, accord- ing to the general provisions of the act of June third, eighteen hundred and fifty-six. And it shall be the duty of the Commissioner of the General Land Office to reoffer for public sale, in the usual manner, the lands embraced in the lists of surrendered lands aforesaid, when duly filed in his office, as herein directed. (a) See Nos. 526, 531, 538, 539, 540, 542, 544, 545, 548, 552, 553, 567, 568, 569, 573, 575, 593, 594. ) See Nos. 85, 197, 455, 467, 480, 503, 515, 52, 574, 575, 583, 584. No. 536. AN ACT to enlarge the Lake Superior land district, in the State of Mich- July 16, 1862. igan. Vol. 12, p. 587. Beit enacted, $c., That all that portion of the present "Cheboygan Part of Che- district," in the State of Michigan, lying west of Lake Michigan and boygan district south of the line dividing townships forty-one and forty-two north, in- gJfSerior eluding Saint Martin's and the adjacent islands near the entrance to trict. " Big Bay De Noc," now forming a part of the present Cheboygan dis- trict, and subject to sale at Traverse City, in said State, be, and the same is hereby, attached to the "Lake Superior district," and the lands therein be subject to sale and entry at the site of the land office for said dis- ict. (a) SEC. 2. And be it further enacted, That this act shall not take effect When act to -AH .LI .,-', ,,.'., -, take effect. (a) See Nos. 196, 197, 455, 465, 467, 469, 480, 484, 486, 490a, 503, 515, 522, 525a, 529. 15 L O VOL II 226 MICHIGAN. March 3, 1863. No. 537. AX ACT granting lands to the States of Michigan and Wisconsin to aid Vol. 12, p. 797. in the construction of a " military road " from Fort Wilkins, Copper Harbor, Kewe- naw County, in the State of Michigan, to Fort Howard, Green Bay, in the State of Wisconsin. , Land granted Be it enacted, fa., That there be, and is hereby, granted to the State of to Michigan and Michigan, to aid in the construction of a military wagon- road from Fort tothT^onstru'c Jwilkius, Copper Harbor, to Houghton, Portage "Lake, and thence, in a tion of a military, southerly direction, to the State line of Wisconsin, every alternate sec- wagon-road, tion of public land, designated by even numbers, for three sections in width, on each side of said road, and also a like quantity, to be taken and designated in same manner, to the State of Wisconsin, to aid in the construction of a like road from the last-mentioned place on the State line of Wisconsin to Fort Howard, Green Bay, in the said State of Wis- If any landconsin. But in case it shall appear that the United States have, when granted has been the line or route of said road is definitely fixed, sold any section, or any ^ent'am^mnTto P ar ^ tnereo ^ granted as aforesaid, or that the right of preemption o'r be given in Hen homestead settlement has attached to the same, then it shall be the thereof. duty of the Secretary of the Interior to set apart from the public lands of the United States, as near to said even sections aforesaid as may be, so much land as shall be equal to such lands as the United States have sold, or otherwise appropriated, or to which the right of preemption or homestead settlement has attached ; which lands, (thus selected in lieu of those sold, and to which the right of preemption or homestead set- tlement has attached as aforesaid,) together with the sections 3nd parts of sections designated by even numbers as aforesaid, and approved as aforesaid, shall be held by the States of Michigan and Wisconsin for Land s not to be the use and purposes aforesaid: Provided, That the lauds to be selected over fifteen miles for and on account thereof shall in no case be further than fifteen miles beT 'ned^solel from 8aid roa(l : Provided, further, That the lands hereby granted shall to the 'construe- ^ e exclusively applied in the construction of that road for and on account tion of the road, of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no other pur- Reserved lands poses whatever : And provided, further, That any and all lands hereto- not within this fore reserved to the United States by any act of Congress, or in any act, except for other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purposes whatsoever, be, and the same are hereby, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the route of said road through such reserved lands; in which case the right of way only shall be granted. Lands subject SEC. 2. And be it further enacted, That the said lands hereby granted to the dispooal of to the said States shall be subject to the disposal of the legislature the leghlature. thereof, for the purposes aforesaid, and no other; and the said road Road to be a shall be and remain [a] public highway for the use of the Government public highway, o f the United States, free from tolls or other charge upon the transpor- T?nited!tate8 tation of an . v property, troops, or mails of the United States. Mode of dis- SEC. 3. And be it further enacted, That the lands hereby granted to posing of the said States shall be disposed of only in the following manner, that is lands, to say : That a quantity of land, not exceeding thirty sections, for said road, may be pold ; and when the governors of said States shall certify to the Secretary of the Interior that any ten continuous miles of said road are completed, then another quantity of land, hereby granted, not to exceed thirty sections for said road, having ten continuous miles completed as aforesaid, may be sold, and so, from time to time, until the said road is completed ; and if said road is not completed within five years, no further sales shall be made, and the lands unsold shall revert to the United States. Mode of con- SEC. 4. And be it further enacted, That said military road shall be con- structing the structed with sufficient drains and ditches, and not less than forty feet road< in width, with a grade not less than sixteen feet wide, with such gradu- ation and bridges as shall permit of its regular use as a wagon road in all seasons of the year, and in such other special manner as the States of Michigan and Wisconsin may prescribe, (a) (a) See Nos. 541, 554, 560, 571. MICHIGAN. 227 No. 538. AN ACT to amend an act entitled "An act making a grant of alternate June 7, 1864. sections of [the] public lands to the State of Michigan to aid in the construction of Vol. 13, p. 119. certain railroads in said State, and for other purposes. Be it enacted, $-c., That the act entitled "An act making a grant of Amendment of alternate sections of [the] public lands to the State of Michigan to aid former act grant- in the construction of certain railroads in said State, and for other pur- ^SJ. railroads" poses," he and the same is hereby, amended as follows, namely : Sub- stitute for the words " and from Grand Rapids to some point on or near Traverse Bay," contained in the first section of said act, these words : And from Fort Wayne, in the State of Indiana, to a point on the south- Location era boundary line of the State of Michigan, in tire township of Sturgis, changed, thence, by way of Grand Rapids, to some point on or near Traverse Bay. And the said act shall be, and is hereby, so amended as to substitute for the first clause of the first proviso in the first section thereof, so far as the same shall be applicable to the grant of lands made to aid in the construction of the railroad described by the foregoing amendment, these words : Provided, .That the lands so to be selected shall in no case be Limit of selec- further than twenty miles from the line of said road : Provided, further, tion of lands. That the time specified in the 4th section of the act hereby amended for ex ei the completion of said road shall not be extended. SEC. 2. And l>e it further enacted, That the lands granted by the act Lands granted, amended by this act, and also by the provisions of this act, ro aid in the jj ow only to be construction of the railroad described in the foregoing section, shall be dl8 P s disposed of only in the following manner, that is to say, when the gov- ernor of the State of Michigan shall certify to the Secretary of the In- terior that ten consecutive miles of said road have been completed in a good and substantial manner as a first-class railroad, indicating definitely where said completed section commences and where the sanfe terminates, the said secretary shall cause patents to issue to said State for so much of said lands as are located opposite to, and coterminous with, said com- pleted section of said road, and so from time to time for each completed section of ten miles of said road until the whole shall be completed, (a) (a) See Nos. 526, 531, 535, 539, 540, 542, 544, 545, 548, 552, 553, 567, 568, 569, 573, 575, 593, No. 539. AN ACT extending the time for the completion of the Marquette and June. 18, 1864. Ontonagon Railroad, of the State of Michigan. Vol. 13, p. 137. Be it enacted, #c., That the time limited for the completion of the Time for com- Marquette and Ontonagon Railroad, of the State of Michigan, be, andpleting the Mar- the same is hereby, extended for the term of five years beyond the time g a^o^ll fixed for its completion by the act of Congress of June third, A. D. extended, eighteen hundred and fifty-six, entitled "An act making a grant of al- ternate sections of the public lands to the State of Michigan to aid in the construction of certain railroads in said State, and for other pur- poses:" Provided, That the State of Michigan, shall have the same con- Proviso, trol over the said grant of lands hereby extended for five years, for the benefit of said railroad, which was given to said State under said origi- nal act of Congress ; and said State may prescribe the time within which the several sections of said road shall be completed, (a) (a) See Nos. 526, 531, 535, 538, 540, 542, 544, 545, 548, 552, 553, 567, 568, 569, 573, 575, 593, 594. No. 540. A RESOLUTION explanatory of an act entitled "An act extending the June 18, 1864. time for the completion of the Marquette and Ontonagon Railroad of the State of Vol. 13 p. 409. Michigan." Resolved, $-c., That the provisions of the act entitled "An act extend- Construction of ing the time for the completion of the Marquette and Ontonagon Rail- fj Ct Ma^'S road of the State of Michigan," shall be so construed as to extend the and Qntonagou time for completing only so much of said road as lies between Marquette Railroad, and Ontonagou. (a) (a) See Nos. 526, 531, 535, 538, 539, 542, 544, 545, 548, 552, 553, 567, 568, 569, 573, 575, 228 MICHIGAN. June 20, 1864. No. 5 11. AX ACT granting lands to the State of Michigan for the construction of Vol. 13, p. 140. certain wagon roads for military and postal purposes. Lands granted Be it enacted, tjV., That there be, and hereby is, granted to the State to Michigan for o f Michigan, for the construction of a wagon road for military and pos- wagonroadfrom tal pur p O8 e 8 , from Saginaw City, in said State, by the shortest and Straits of Macki- mos t feasible route to the Straits of Mackinaw, every alternate or odd naw. section of public land not mineral, for three miles in width on each side From Grand o f said road to the extent of three sections to the mile. Also for a road ofM-'Saw 4118 from 9 raml Rapids, in said State, through Xe way go, Traverse City, and Little Traverse, to the Straits of Mackinaw, every alternate or odd section of public land* not mineral, for three sections in width on each If any lands side of said road to the extent of three sections to the mile. And it is fer?ed d otheWto herel) y provided that in case it shall appear that the United States shall be given in lieu bave (when the lines or routes of said roads are definitely established) thereof. sold or reserved any sections or parts of sections, granted as aforesaid, or that the rights of preemption or homestead have attached to the same, so as to leave a deficiency in the amount to be selected within the limits designated, the n it shall be the duty of the Secretary of the In- terior to select such lands from the odd sections, or parts of sections, nearest to the three-mile limits aforesaid, such quantity as shall be Lands, how to necessary to make up the deficiency thus created : Provided, further, dfsnosedof Tbat . the lands bereb y granted shall be exclusively reserved, held, and applied in the construction of said roads, and shall be appropriated and disposed of only as the work progresses, in quantities and under such regulations and restrictions as the State shall provide ; and in no event shall they be appropriated or disposed of for any other purpose whatso- ever. Lands hereto- SEC. 2. And be it further enacted, That any and all lands heretofore fore reserved, ex- reserved to the United States by any act of Congress, or in any other oneration^of this manner b y competent authority, for any public work, or for any other 2J purpose whatsoever, be, and the same are hereby, reserved to the United States from the operation of this act, except so far as it may be neces- sary to locate the routes of said roads through such reserved lands; in Rights of way which case the rights of way shall be, and are hereby, granted, subject granted. to tne approval of the President of the United States. Wagon roads g EC . 3. ^,,rf fo it further enacted, That said roads shall be located, snr- conltructed veyed, and constructed, under the direction of such agents or commis- sioners as the governor may appoint, and shall be chopped out a uni- form width of at least six rods. The road-bed proper to be not less than thirty-two feet wide, and constructed with ample ditches on both sides, so as to afford sufficient drains, with good and substantial bridges and proper culverts and sluices where necessary. All stumps and roots to be thoroughly grubbed out between the ditches the entire length of said road, the central portion of which to be sufficiently raised to afford a dry road-bed by means of drainage from the centre to the side ditches; the hills to be levelled and valleys raised so as to make as easy a grade as practicable. Land granted, SEC. 4. And be it further enacted, That when the governor of the State when to be with- o f Michigan shall furnish the Secretary of the Interior with maps and :om mar- C h ar t 8 8nO wiug the definite location of the line of each of said roads, it shall be his duty to have the land granted to each of said roads with- held from market, and reserved exclusively for the purposes aforesaid. And when the said governor shall certify to the Secretary of the Inte- rior that any ten consecutive miles of either of said roads have been completed under the provisions of this act, and in accordance with the third section thereof, stating definitely where said completed section of road commences and where it terminates, it shall be the duty of the Patents for sa id Secretary to cause patents to issue to said State for three sections wh^ftn i- a P of land for each mile of road thus completed, as aforesaid, and so on until Proviso the whole of said roads is completed : Provided, That no patents shall be given for any of the aforesaid lands before the completion of ten consecutive miles of road, or for any road, or for any part of any road, made before the passage of this act, or for any greater quantity than thirty section s for each ten miles completed according to the provisions of this act. Nothing in this proviso, however, shall be construed so as to prevent the application of so much of the said three sections per mile as may be necessary to finish any part of said roads partly made before the passage of this act. Express condi- SEC. 5. And be it further enacted, That this grant is made upon the tions of grant, express conditions that the roads shall be and remain public highways, MICHIGAN. 229 *.+^ from all toll and other charges ; and that if any portion of said roads Roads to be shall remain uncompleted for a period of more than five years from the SS be comSd approval of this act by the President, the lands granted for such portion in five yea r s . shall revert to the United States, (a) (a) See Nos. 537, 554, 560, 571. No. 542. A RESOLUTION to extend the time for the reversion to the United Feb. 17, 1865. States of the lands granted by Congress to aid in the construction of a railroad from Vol. 13, p. 569. Pere Marquette to Flint, and for the completion of said rpad. Resolved, $*c., That the time specified in the fourth section of the act Time for rever- of Congress approved June three, eighteen hundred and fifty-six, en- sion to the United titled " An act making a grant of alternate sections of the public lands ^rida 8 ?n C MicbT to the State of Michigan to aid in the construction of certain railroads gan granted to in said State, and for other purposes," for the reversion to the United rail roads, ex- States of the lands granted by said act to aid in the construction railroad from Pere Marquette to Flint, and.for the completion of said road, be, and the same is hereby, extended for the term of five years, (a) (a) See Nos. 526, 531, 535, 538, 539, 540, 544,545, 548, 552, 553, 567, 568, 569, 573, 575, 593, 594. No. 543. AN ACT granting land to the State of Michigan, to aid in building a March 3, 1865. harbor and ship canal at Portage Lake, Kewenaw Point, Lake Superior. Vol. J3, p. 519. Be it enacted, tyc. , That there be, and is hereby, granted to the State The State of of Michigan the right of locating and constructing a breakwater and Michigan may lo- harbor and ship canal through any public lands at or upon the neck of cate ' &G -> a 8bi P land on Lake Superior known as -'The Portage:" Provided, That not {Jh^oug'h ''The more than one thousand feet in width on the bank of Lake Superior Portage.'' shall be occupied by said breakwater and harbor, and that a strip of Limit tj grant, land not more than four hundred feet in width on said neck of land shall be occupied by said canal: And provided, further, That said ship Width and <$' c -> That ttfbre be, and hereby is, granted to the State of lands g'anted to Michigan, for the purpose of aiding in the construction of a railroad Michigan, to aid from Alarquette, on Lake Superior, to the Wisconsin State line, at or in construction near the mouth of the Menomonee River, for the benefit and use of the rai1 " Chicago and Northwestern Railway Company, a corporation of the States of Michigan, Illinois, Wisconsin, and from Marquette to Onton- agon, for the use and benefit of the Marquette and Ontonagon Railroad Company, a corporation of the State of Michigan, and for twenty miles westerly from Marquette of the Bay de Noquet and Marquette Railroad, for the benefit and use of the Bay de Noquet and Marquette Railroad Company, four additional alternate sections of land, per mile, to that already granted by act of Congress approved June third, A. D. eighteen hundred and fifty-six, and joint resolution supplementary thereto, to be selected upon "the same conditions, restrictions, and limitations as are contained in the act of Congress entitled ''An act making a grant of lands to the State of Michigan, in alternate sections, to aid in the con- struction of railroads in said State," approved June third, eighteen Lands how se- hundred and fifty-six : Provided, That the land to be so located by either lected. O f 8a id roads shall be selected from the alternate sections, designated by odd numbers, within twenty miles of the line of said road. Lands how dis- SEC. 2. And be it further enacted. That the lands granted by said act posed of. of Congress and by this act shall ba disposed of only in the following manner, that is to say : When the governor of the State of Michigan shall certify to the Secretary of the Interior that any ten consecutive miles, upon the route of either of said roads, is completed in a good and substantial manner, as a first-class railroad, then the Secretary of the Certificate to Interior shall cause a certificate or certificates to issue to sxid State for issue as building one hundred sections of land, for the benefit and use of such company, MaiSuette and and 8O from * ime to time tor eacu completed section of ten miles of either Ontonagon rail- of said roads, one hundred sections of land, until the whole shall be road. = completed : Provided, That none of the additional lands granted by this act for that portion of the Marquette and Ontonagon Railroad now com- pleted shall be certified to the State of Michigan, by the terms hereof, until the said railroad shall be completed from a point twenty miles west of Marquette to Ontonagon ; and that none of the additional lands RoadfromMar- granted by this act for that portion of the railroad from Marquette to queue to Wis- the Wisconsin State line at or near the mouth of the Menomonee River, me> now completed, shall be so certified until the said railroad shall be com- pleted from Bay de Noquet to the said Wisconsin State line at or near the mouth of the Menomonee River aforesaid. Time for com- SEC. 3. And, be it further enacted, That the time limited for the com- Erom^Mar uette P letion of tne road from Marquette to the Wisconsin State line, at or to Wisconsin near the mouth of the Menomonee River, be, and the same is hereby, State line ex- extended for the term of five years, from and after the third day of June, tended. A. D. eighteen hundred and sixty-six. Lands for road SEC. 4. And be it further enacted, That no lands to be set apart for the toTa ^teSo^uet road fr m Mar( l uette to Bav de S ( >Qiet, and from Marquette to Ontona- and "\o Ontona- ou > shall be selected and certified east of that portion of the range line gon. dividing ranges twenty -six and twenty-seven, that is, south of thetowu- Wheretobese- ship line between townships forty-seven and forty-eight, nor south of >d and certi- that portion of the township line dividing townships foi ty-M-ven and forty-eight, that lies east of the dividing range line above named : and Lands for road that no lands to be set apart for the road 1'roui Marquette, on Lake Su- MICHIGAN. 231 perior, to the Wisconsin State line, at or near the mouth of the Menom- from Marquette onee River, shall be selected and certified west of that portion of the 011 range line dividing ranges twenty-six and twenty -seven, that is, north of t)ie township line dividing townships forty-two and forty-three, nor north of the township line dividing townships forty-seven and forty- eight ; and that, for the purpose of making up any deficiency of lands Deficiency of to which the line of road from Marquette to Bay de Noquet may be l and s fr road entitled to make its grant equal to ten sections to the mile, the same t j Bay de Coquet! shall be certified on the route from Marquette to Ontonagou, within twenty miles of the line of said road, and east of the range line divid- ing ranges thirty-one and thirty-two, and in accordance with the pro- visions hereinbefore contained. And that, whenever the governor of Certificates of the State of Michigan shall certify to the Secretary of the Interior that gnds ^or TOM twenty consecutive miles of the line of road from Marquette to Bay de to Bay ^ No _ Noquet has been completed in a good and substantial manner, as a first- quet to be issued class railroad, the Secretary of the Interior shall cause to be issued to as road is built, said State of Michigan, for the use and benefit of the Bay de Noquet and Marquette Railroad Company, assignee o the State of Michigan, a certificate or certificates for two hundred sections of land, to be selected Selection and and located from the sections designated by odd numbers, on the line Io< from Marquette to Ontonagon, and within twenty miles of said line. SEC. 5. And be it further enacted, That the time for the completion of Time for com- the railroad from Fond du Lac, on Lake Winnebago, to the Wisconsin pleting road from State line, at or near the mouth of the Menomonee River, shall be, and *voon3n State hereby is, extended for the period of five years from and after the third ii ne extended. day of June, one thousand eight hundred and sixty- six ; and that any and all grants of land to said road shall continue and remain in full force and effect. SEC. 6. And le it further enacted, That each of said companies shall Each road to grade, in a good and substantial manner, ready for the ties, twenty grade twenty miles of its road within two years, and twenty miles additional thereof ^ar^andt^enty in each year thereafter : Provided, That if said companies, or either of m iles' each year them, shall neglect or fail to do so, or to complete its road within the thereafter, time herein specified, the land granted to such company shall revert to Lands to revert, the United States, (a) lj) &c ' (a) See ]*Tos. 526, 531, 535, 538, .539, 540, 542, 545, 548, 552, 553, 567, 568, 569, 573, 575, 593, 594. No. 545. AN ACT to amend an act entitled "An act to amend an act entitled 'An March 3, 1865. act making a grant of alternate sections of public lands to the State of Michigan, y l. 13, p. 530. to aid in the construction of certain railroads in said State, and for other pur- Be it enacted, <$-c., That section one of an act entitled "An act to amend Time for com- an act entitled 'An act making a grant of alternate sections of public plying a certain lands to the State of Michigan, to aid in the construction of certain [Jan extended railroads in said State, and for other purposes,'" which said amendatory act was approved June seventh, eighteen hundred and sixty-four, be, and the same is hereby, amended so as to make the last proviso in said section to read as follows, to wit : Provided, further, That the time speci- fied in the fourth section of the act hereby amended, for the completion of said road, shall be, and the same is hereby, extended eight years, (a) (a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544, 548, 552, 553, 567, 568, 569, 573, 575, 593, 594. No. 546. JOINT RESOLUTION authorizing the Secretary of War to grant the j an . 31, 1866. use of a portion of military reserve on St. Clair River, in the State of Michigan, Vol. 14, p. 348. for railroad purposes. Be it resolved, <$-c., That the Secretary of War be, and he is hereby, Use of portion authorized to grant to Guerdon O. Williams, of the city of Detroit, in of militaryre- the State of Michigan, and his associates, the use of so much of the pav e e r granted Sr military reserve on the St. Clair River, in the State of Michigan, known horse railroad, as the site of Fort Gratiot, as is necessary for extending a horse railroad from Port Huron City to the depot of the Port Huron and Detroit Rail- road, at such rental and upon such terms and conditions as to him may Conditions, seem proper, reserving to the United States, however, the right of re- moving the rails, ties, and other parts of said road whenever the Secre- tary of War shall direct, without any claim or right for damages on the part of the said Williams and associates, or their legal representatives, (a) (a) See Kos. 531, 533, 551, 555, 558, 559, 576, 578, 580, 594. 232 MICHIGAN. March 8, 1866. No. 547. AN ACT for the relief of the heirs of James Bawdin. Vol. 14, p. 578. }t enactedt ^. Cij Tnat on payment to the United States of one dollar Patent to heirs and twenty-five cents per acre therefor, the Commissioner of the Gen- din J f or 8 8 lari?at eral L . and Office sha11 cause a patent to be issued to the heirs of James E^leHarbor. Bawdin for that tract of land lying and being at Eagle Harbor, on Lake Superior, situate upon the north part of section number six, in town- ship number fifty-eight north, of range number thirty west, in the Sault Ste. Marie land district, State of Michigan, containing about six and fifty- four hundredths acres of land, and being all that part of the lands known as the light-house reservation at Eagle Harbor, which lies east of the dotted line marked " S. 86 45' E. 1*2.76 chains," as shown on the plat of " Bawd[i]n's Survey " of said reservation in the office of said Commissioner of the General Land Office, except so much of said lands as may be required for the use of a road four rods wide, from the light- house across said six and fifty -four hundredths acres to the waters of said harbor, as the same is now laid out and used for that purpose : Proviso. Provided, That this act shall only be construed to be a relmquishment of the title of the United States, and shall not interfere with the rights of third persons. July 3, 1866. No. 548. AX ACT to extend the time for the reversion to the United States of the Vot H P- 78. lands granted by Congress to aid in the construction of a railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse Bay, in the State of Michi- gan, and for the completion of said road. Grants to be in Be it enacted, tj-c., That the time limited by the fourth section of an fJU , force ' P TO " act entitled " An act making a grant of alternate sections of the public vided, &c. lands to the State of Michigan, to aid in the construction of certain railroads in said State, and for other purposes," approved Juue three, eighteen hundred and fifty-six, for the completion of the railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse Bay, shall be, and hereby is, revived and extended for the period of seven years, from and after the third day of June, one thousand eight hundred and sixty-six ; and that said grants shall continue and remain in full force and effect for and during that period, as if it had been so provided in said fourth section of said act of June three, eighteen hun- The Amboy, dred and fifty-six : Provided, That the Amboy, Lansing, and Traverse &C-? .Eailroad to Bay Railroad Company, a corporation organized under the laws of the unless &c. graD State of Michigan, shall forfeit all right to said grant, or any part thereof which it may now have, or which may hereafter be conferred upon it, by the legislature of the State of Michigan, if and whenever the said company shall fail, in whole or in part fully and completely to Twenty miles perform any of the following conditions, that is to say : First, to clear, of road-bed to be g raD , and grade twenty consecutive miles of the road-bed of said road Feb^F 1867. between Owasso and Saginaw City, so that the same shall be in readi- ness for the ties and iron by the first day of February, eighteen hun- Twenty other seven ; Third, to fully complete in like manner twenty miles of said road miles to be com- i n each and every year after the said first day of November, eighteen hun- pleted each year, (] re( j an( j sixty- seven, and to fully complete the entire road by the time If conditions limited by this act : And provided further, That in case of failure of said are not perform- Amboy, Lansing, and Traverse Bay Rail Company to perform any of the M i c hVan may aoove conditions by the respective times limited therefor, the legisla- confer The grant ture of the State of Michigan may at its first session after any such fail- upon some other ure, confer the said grant upon some other railroad corporation, or cor- railroad corpora- porations, upon such terms and conditions as the legislature may ?-ee fit, to carry out the purposes of the said act of June three, eighteen hun- dred and fifty- six, and when so conferred, such corporation or corpora- tions shall be entitled to have and eujoy all of the said grant, which shall not then have been lawfully disposed of, to the same extent and in the same manner and for the saine purposes, as if the same had been originally conferred upon such corporation or corporations. And any Such grant not such railroad corporation or corporations, whether now organized or to affect any pre- hereafter to be organized, upon which said grant may be so conferred in whole or in part, may receive the same without prejudice to any land Limit to grant", or other rights or franchises previously acquired. But in no case amount of land to 8na n 8ucn corporation or corporations be entitled to receive more than ten sections of land to the mile, for that portion of said road which may vie so MICHIGAN. 233 consolidated in accordance with the provisions of this act: And, pro- . Control of leg- vided, further, That if the legislature shall, in any such case of failure, {^3 ver the so confer said grant as above provided, then the said lands, or so much thereof as shall then remain not lawfully disposed of, shall be subject to the disposal and future control of said legislature, as provided in section three of said act of June three, eighteen hundred and fifty-six, until the expiration of the time limited by this act. But in case the said If legislature igislature shall in such case fail to so confer said grant, then the said d es no * confer ,nds shall revert to the United States. torSSrt to* thl SEC. 2. And be it further enacted, That the Flint and Pere Marquette United States. _.ailroad Company may change the western terminus of its road to some Flint, &c., rail- point on Lake Michigan, at or south of Grand Traverse Bay; and any road company railroad corporations, having a right to the respective land grants speci- western ^tei-m? fied in the said act of June three, eighteen hundred and fifty-six, located nus. in the lower peninsula of the State of Michigan, may unite and contract Railroads with with each other, or with any other railroad corporation or corporations, land grants may for the construction and operation of a single line of road for any por- g^ 8 ]^ of* road tion of their routes, without prejudice to any laud grants, or other for any part of rights or franchises previously acquired. And any and all such corpora- their routes. tions are hereby authorized to change the location of their lines of road, be L< J. ( h atioD8 l m f ay so far as may be necessary, for the purpose of such consolidation, but not purpose^ 1 con- so as to change their respective termini otherwise than is authorized by solidation. this act. And whenever any change of terminus or location of line is Maps of change made, as provided for in this act, the corporation or corporations mak- to be filed in land ing such change, shall file in the General Land Office new maps definitely omce - showing such change and the new line of road adopted : Provided, That Route, &c.. of the road mentioned in the first section of this act shall run on the west Am boy, &c., side of Saginaw River, and that the principal depot shall be located in ra p- n lc \' i the northern portion of the plat of Saginaw City, so as best to accom- pot 1E inodate the cities of Saginaw and East Saginaw. SEC. 3. And be it further enacted, That the lands granted by the said Lands granted act of June three, eighteen hundred and fifty-six, to aid in the con- j n ^id of the Am- struction of the railroad described in the first section of this act, shall JJ|J^ 2 te'dtf- be disposed of only in the following manner, that is to say : when the posed of. governor of the State of Michigan shall certify to the Secretary of the When ten miles Interior that ten or more consecutive miles of said road have been com- " e completed, pleted in a good and substantial manner, as a first-class railroad, stating c ' definitely the commencement and termination of each completed por- tion of said road and the corporation or corporations so entitled to lands on account thereof, the Secretary of the Interior shall cause patents for lands for such completed portion of said road to be issued to said cor- poration or corporations : Provided, That none of said lands shall be ac- Proviso, quired or so patented for any portion of said road so completed south of the intersection of said road with the Detroit and Milwaukee Railway, until the whole of said road north of said intersection shall have been completed and the lands therefor patented as aforesaid ; And provided Road to be a further. That the road mentioned in the first section of this act shall be P ublic highway, and remain a public highway for the use of the Government of the ^nitedSta'tes United States, and shall transport, free from toll or other charges, all property, troops, and munitions of war belonging to the same, (a) SEC. 4. And be it further enacted, That all laws and parts of laws in- Repealing consistent with the provisions of this act are hereby repealed. clause. (a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544, 545, 552, 553, 567, 568, 569, 573, 575, 593, 594. No. 549. AN ACT granting certain knds to the State of Michigan to aid in the July 3, 1866. construction of a ship canal to connect the waters of Lake Superior with the lake Vol. 14, p. 80. known as Lac La Belle, in said State. Be if enacted, #c., That there be, and is hereby, granted to the State Lands granted of Michigan, lor the use and benefit of the " Lac La Belle Harbor Im- J? d jj tjg 1 ^ provement Company," a company organized under and by virtue of the gtruction of ship laws of the State of Michigan, for the purpose of aiding in tbe con- canal between struction of a ship canal to connect the waters of Lake Superior with La ^? ^"Vf 1 ?! 01 * the lake known as Lac La Belle, in said State, one hundred thousand Amount* and acres of the public lands of the United States in the upper peninsula wn ere to be ae- of Michigan, to be selected from the odd-numbered sections of land lected. nearest the location of the said canal, not otherwise reserved or appro- priated, nor designated by the United States as " mineral lands" prior to the passage of this act, nor to which the rights of pre-emption or 2o-4 MICHIGAN. Size of canal^ homestead have attached : Provided, That the said canal shall be at water of least one hundred feet wide at the top, seventy- five feet wide at the bottom, and shall have, when completed, a depth of water through its entire length of at least twelve feet, running from sixteen feet of water in Lake Superior to fourteen feet of water in Lac La Belle: And pro- Canal to be a vided further, That said canal shall be and remain a public highway for public highway, the use of the Government of the United States, free from toll or charge United States u P on the vessel8 of said Government, or upon vessels employed by said Government in the transportation of any property or troops of the United States. Lands, how to SEC. 2. And be it further enacted, That the lands hereby granted shall be disposed of by he subject to the disposal of the legislature of the State of Michigan to* be wittidrawn ^ or ^ e P ar P ses aforesaid and no other; that as soon as the governor from market. of the said State shall file, or cause to be filed, with the Secretary of the Interior, a map or plan showing the location of the said canal, then it shall be the duty of the Secretary of the Interior to withdraw from market the lands applicable and subject to the provisions of this act ; and whenever the governor of the State of Michigan shall certify to the Secretary of the Interior that the said ship canal has been com- pleted, in a good, substantial, and workmanlike manner, in all respects in conformity with the provisions of this act, and to his satisfaction, Patents, when then it shall be the duty of the Secretary of the Interior to issue pat- me- ents to the said State of Michigan for the lauds hereby granted. If canal is not SEC. 3. And Ic It further enacted, That if the said ship canal shall not completed m two ^ com pi e ted within two years from and after the passage of this act, revert tne lands hereby granted shall revert to the United States. July 3, 1866. No. 550. AX ACT granting lands to the State of Michigan to aid in the constrnc- Vol. 14, p. 81. tion of a harbor and a ship canal at Portage Lake, Keewenaw Point, Lake Superior, in said State. Lands granted Be it enacted, $*c., That there be, and hereby is, granted to the State to Michigan for o f Michigan, to aid in the building of a harbor and ship canal at Port- ship ar canal '"at a g e Late, Keewenaw Point, Lake Superior, in addition to a former Portage Lake, grant for that purpose, approved March the third, eighteen hundred Amount. and sixty-five, two hundred thousand acres of land in the upper penin- sula of the State of Michigan, and from land to which the right of How to be se- homestea'd or pre-emption has not attached: Provided, That one hundred lected. an( i fifty thousand acres of said lands shall be selected from alternate odd-numbered sections, and fifty thousand acres from even-numbered To whose use sections of the lands of the United States. Said grant of lands shall to inure. inure to the use and benefit of the Portage Lake and Lake Superior Ship Canal Company, in accordance with an act of the legislature of the State of Michigan, conferring the laud granted to the said State, by the Time for com- act herein referred to, on said company : And provided further, That the 3tin J work ex - time allowed for the completion of said work and the right of reversion to the United States, under the said act of Congress, approved March the third, eighteen hundred and sixty-five, be extended three additional Mineral lands years : And provided further, That no lands designated by the United not granted. States as "mineral" before the passage of this act shall be included within this grant. () (a) See Xos. 543, 556, 566, 570, 579. Feb. 25, 1867. No. 551. AX ACT to amend an act granting the right of way over the military Vol. 14, p. 4 10. reserve at Fort Gratiot, Michigan. Buildings Be it enacted $c., That the act entitled "An act granting the right of erected by any wa y over, and depot grounds upon, the military reserve of Fort Gratiot, ilroadcompany in tne gtate of Michigan," passed February the eighth, eighteen hundred tan- 1 reservation an d fifty-nine, be, and the same is hereby, amended by inserting in the at 'Fort Gratiot, last proviso, after the word "wood," the words "or fire-proof," so that to be of wood or the same shall read, " that all buildings to be erected upon said reser- vation shall be of wood or fire-proof." (a) (a) See Xos. 531, 533, 546, 555, 558. 559, 576, 578, 580, 594. MICHIGAN. 235 No. 552. AN ACT to amend an act entitled "An act to extend the time for the March 2, 1867. reversion to the United States of the lands granted by Congress to aid in the con- Yol. 14, p, 425. struction of a railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse Bay, in the State of Michigan, and for the completion of said road," approved July three, eighteen hundred and sixty-six. Be it enacted, $-c., That the first section of the act entitled "An act to Time for corn- extend the time for the reversion to the United States of the lands pletion of first granted by Congress to aid in the construction of a railroad from Am- {^a^a^of Am- boy, by Hillsdale and Lansing, to some point on or near Traverse Bay, boy, &c., railroad in the State of Michigan, and for the completion of said road," approved extended to July July three, eighteen hundred and sixty- six, be and the same is hereby *> 1867 - amended by striking out the word "February" where it occurs in said section, and inserting the word "July " in lieu thereof. () (a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544, 545, 548, 553, 567, 568, ',69, 573, 575, 593, 594. 553. JOINT RESOLUTION concerning certain lands granted to railroad May 20, 1868. companies in the States of Michigan and Wisconsin. Vol. 15, p. 252. Be it resolved, tfc., That a failure to grade twenty miles of the roads Lands granted within two years from the passage of the act entitled "An act to extend to Michigan and the time for the completion of certain railroads to which laud grants Wisconsin for have been made in the States of Michigan and Wisconsin," approved not to'be^ orf eit- on the third day of March,. anno Domini eighteen hundred and sixty- ed, &c. five, and twenty miles additional thereof in each year thereafter, as re- quired by said act, shall not cause any forfeiture or reversion to the United States of any lands granted to the said States, or either of them, to aid in the construction of the railroads described : Provided, That Proviso, said companies, or either of them, shall fully complete their said rail- roads in the manner required by law on or before the thirty-first December, anno Domini eighteen hundred and seventy-two, at which time a failure shall forfeit the lands to the United States : Provided, [That] the provisions of this section shall apply only to the chartered Proviso, and projected line of railway from the city of Fond du Lac in the State of Wisconsin, northerly to Esconaba, in the State of Michigan, and the chartered and projected line of railroad from Marqnette, in the State of Proviso. Michigan, westerly to Ontonagon, in the same State : And provided further, That if the said Marquette and Ontonagon Railroad Company, in the State of Michigan, shall not have completed according to law ten ad- ditional miles of their railroad, on or before the first day of January A. D. eighteen hundred and sixty-nine, and shall not in like manner complete ten miles of said railroad in each and every year thereafter, then it shall be lawful for the legislature of the said State of Michigan to declare the grant of lands to said company to be forfeited and to confer the said grant of lauds upon some other company in the same manner as if the said grant was now for the first time made to the said State of Michigan. SEC. 2. And be it further resolved, That the Commissioner of the Gen- Patent to Chi- eral Laud Office be, and he hereby is, authorized and directed to cause a ca and North- patent in due form of law, to be issued to the Chicago and Northwest- c^mVanv for era Railway Company, in pursuance of a resolution passed by Congress eighty acres of granting the same to the State of Wisconsin, approved April twenty- land of Fort five, anno Domini eighteen hundred and sixty-two, and an act of the Howard military legislature of Wisconsin, approved June sixteen, anno Domini eight- rei een hundred and sixty-two, granting the same to said company for eighty acres of land of the Fort Howard military reserve, as the same was surveyed and approved by said Commissioner on the eleventh June, anno Domini eighteen hundred and sixty-four, (a) (a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544,*545, 548, 552, 567, 568, 569, 573, 575, 593, 494. No. 554. AN ACT to extend the time of completing the military road authorized June 8, 1868. by an act entitled "An act granting lands to the States of Michigan and Wisconsin VoL 15, p. 67. to aid in the construction of a military road from Fort Wilkins, Copper Harbor, Ke wenaw County, in the State of Michigan, to Fort Howard, Green .Bay, in the State of Wisconsin." Be it enacted, c., That the tinje for completing the military road, and Time of com- for the sales of lands, authorized by an act entitled "An act granting pleting military lands to the States of Michigan and Wisconsin to aid in the construe- Jend'ed &C<> 6 ** tion of a military road from Fort Wilkins, Copper Harbor, Kewenaw 236 MICHIGAN. County, in the State of Michigan, to Fort Howard, Green Bay, in the State of Wisconsin," approved March third, eighteen hundred and sixty- three, be and the same is hereby, extended to March first, eighteen hun- dred and seventy, (a) (a) See Nos. 537, 541, 560, 571. July 20, 1868. Wo. 555. AN ACT providing for the sale of a portion of the Fort Gratiot military Vol. 15, p. 123. reservation in St. Clair County, in the State of Michigan. Fort Gratiot Be it enacted, $-c., That the Secretary of War be, and he is hereby, military reserva- authorized to sell, at such times as he may deem most advantageous to tion may be sold. the interests of the Government, and in such manner as hereinafter pro- vided, all that portion of the military reservation known as Fort Gra- tiot, in St. Clair County, in the State of Michigan, which lies south of a line running due west from the south end of the Grand Trunk Rail- road wharf, on the St. Clair River, until it intersects the road known as the Lexington road, and all that portion which lies west of said Lexington road. Portion of res- SEC. 2. And be it further enacted, That all that portion of the above-de- ervation to be scribed lands which lies east of a line running due south from the point divided into of intersection with the Lexington road, mentioned in the foregoing blocks, and sixty-eight, be, and the same is hereby, amended by adding to the end of the second section thereof the following, to wit : " Provided, That Grant to Port there shall be, and is hereby, granted to the city of Port Huron, in per- Huron for a pub- petuity, for public grounds, to be designated and known as ' Pine Grove P arl - Park,' all that portion of said military reserve known and described as follows, to wit : commencing at a point on the St. Clair River bank, be- ing north sixty degrees and fifty-five minutes east, one chain and seventy- five links from the southeast corner of Fort Gratiot military cemetery ; thence south sixty degrees and fifty-five minutes west, eleven chains and fifteen links, at right angles with and to intersect the east line of Harrington avenue, so called; thence south twenty-nine degrees and five minutes east, along the east line of said avenue, twenty chains; thence north sixty degrees and fifty-five minutes east, at right angles with said avenue, to the United States boundary line in the St. Clair Eiver ; thence northerly along said boundary line to a point at which the northerly line of the above described ' Pine Grove Park ' extended in a right line easterly would intersect thesame; thence westerly along said extended northerly line to the place of beginning. Containing twenty and ninety-hundredth acres of land, together with the river front adjoining thereto." (a) (a) See JSTos. 531, 533, 546, 551, 555, 559, 576, 578, 580, 594. 559. AN ACT to provide for the survey of the Fort Gratiot military reserva- May 4, 1870. tion, in the State of Michigan . YoL 16, p. 97. it enacted, #c., That there be, and is hereby, appropriated from any Appropriation leys in the Treasury not otherwise appropriated, the sum of three for survey, &c., thousand dollars, to complete the survey and subdivision of the Fort of y rt Gratiot Gratiot military reservation in pursuance of law ; and that said money JJJJJ y rt be returned to the Treasury from the proceeds of the sale of any part of said military reservation, (a) (a) See Nos. 531, 533, 546, 551, 555, 558, 576, 578, 580, 594. No. 56O. AN ACT to extend the time for the completion of the militaryroad from May 6, 1870. Fort Wilkins, at Copper Harbor, in the State of Michigan, to Fort Howard, at Green Vol. 16, p. 121. Bay, in the State of Wisconsin. Be it enacted, of Hartford, Connecticut, a patent conveying to said Marston the above- described lands, upon the payment into the said land office, by said Marston, of the sum of one hundred dollars: Provided, That nothing herein shall be construed to give said Marston title to said lands, if any, west of a line drawn northerly and southerly through said island, being the middle of the river. ment, title, and interest of the United States in and to a certain tract or lot I of land in said village upon which stands the Mission House, so called, and surrounding the same and joining private property on the west and south, containing sixteen acres more or less, upon payment into the Treasury of the United States [of] the value thereof, as shall be ascer- tained by an appraisement under a commission for that purpose, to be appointed by the Secretary of War. >. 566. JOINT RESOLUTION extending the time for the completion of the March 2, 1871. Portage Lake and Lake Superior ship canal. Vol. 16, p. 599. Resolved, $-c., That the time for the completion of the Portage Lake Tide for com* and Lake Superior ship canal be, and the same is hereby, extended to pleticfci of Port' the third clay of March, A. D. eighteen hundred and seventy-two, (a) R; ) See Nos. 543, 550, 556, 570, 579. ship canal ex- tended. No. 567. AN ACT to extend the time for the reversion to the United States of the March 3, 1871. lauds granted by Congress to the State of Michigan to aid in the construction of a Yol. 16, p. 582. railroad from Pere Marquette to Flint, in said State, and for other purposes. Be it enacted, #c., That the time specified in the fourth sectien of the Time for rev er- act of Congress, approved June third, eighteen hundred and fifty-six, 8i ^ t J t( J JJ}^ entitled "An act making a grant of alternate sections of the public lands fg an f or ra iiroad to the State of Michigan to aid in the construction of certain railroads from Pere Mar- in said State, and for other purposes," for the reversion to the United quette to Flint States of the lands granted by said act to aid in the construction of a railroad from Pere Marquette to Flint, and for the completion of said road, be, and the same is hereby, further extended for the period of five years from and after the passage of this act. SEC. 2. That the State of Michigan may authorize the sale of sixty The State may sections of the land granted to aid the construction of said railroad from" authoriz . eth | 8a , le Pere Marquette to Flint, whenever and as often as the governor of said Jj^js when &c? State shall certify that ten additional miles of said railroad is completed and in running order as a first-class railroad : Provided, That said lands authorized to be sold as aforesaid shall include only lands situated opposite to and coterminous with the completed sections: And provided, Proviso. That in case said railroad shall not be fully completed from Flint to Lake Michigan within the time as extended by this act, all the lands included in said grant to which the right to sell shall not then have attached shall revert to the United States, (a) (a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544, 545, 548, 552, 553, 568, 569, 573, 575, 593, 594. No. 368. AN ACT to enable the Jackson, Lansing, and Saginaw Railroad Company March 3, 1871. to change the northern terminus of its road from Traverse Bay to the Straits of Vol. 16, p. 586. Mackinaw, and for other purposes. Beit enacted, ^-c., That the Jackson, Lansing, and Sagiuaw Railroad .Jackfcm, Lan- Company, a corporation organized and existing under the laws of the ^"w' Railroad State of Michigan, and to which the said State granted a portion of the c o m pan y may land grant made to aid in the construction of a raiiroad from Aniboy, change its north- 240 MICHIGAN. era terminus, by Hillsdale and Lansing, to some point on or near Traverse Bay, by an and alter its lo- act entitled "An act making a grant of alternate sections of the public lands to the State of Michigan to aid in the construction of certain rail- roads in said State, and for other, purposes," approved June three, eight- een hundred and fifty-six, be, and hereby is, empowered and authorized to change the northern terminus of its railroad from Traverse Bay to some point on or near the Straits of Mackinaw, in said State of Michi- gan, and to change the location of the incompleted portion of its rail- road, so as to obtain the most direct and suitable practicable route from Proviso. Saginaw River to the Straits of Mackinaw : Provided, That such change shall lessen the length of said line by rendering it more direct : And provided further, That no change in the location of said line of railroad shall have the effect or be construed to work any change in the land grant made to aid in the construction of said road : And provided also, That such new location shall be made within the limits of such land grant until the northern limit of said grant is passed. Only lands SEC. 2. That only the lands embraced within the limits of the said within the origi- grant as the same was originally located under said act of Congress of nal location shall Jane threej ei g hteeu hundred and fifty -six, shall pertain to said railroad, railroad. or he applicable to aid in the building of the same, whether it be con- structed on such new or improved location, or on the said original loca- Such lands tion. But all the lands within the limits of said grant now remaining to a?d in the con Un8old and of the character described and embraced in said act of Con- struction of the gress, whether heretofore listed and certified by the Commissioner of railroad. the Land Office as inuring under said grant or not, shall belong to and be applicable to aid in the construction of said railroad, whether built on said improved or said original location, and the said company, on completing its said railroad, or any portion thereof, within the time and in the manner required by law, namely, on or before June third, eight- een hundred and seventy-three, the time limited in the act of Congress of July third, eighteen hundred and sixty-six, on such new or improved line, shall be entitled to the same amount of said lands for each mile of said railroad so constructed as if the same had been built on the line Proviso. originally located under said act : Provided, That said company shall not be entitled to any of said lands for that part of its said new or improved line situate to the northward of the limits of its said land grant, and between that point and the Straits of Mackinaw ; but the right of way for said railroad over the public lands on its new or improved location is hereby granted, (a) (a) See* Xos. 526, 531, 535, 538, 539, 540, 54, 544, 545, 548, 552, 553, 567, 569, 573, 575, 593, 594. April 20, Ie71. No. 569. AN ACT to enable the Houghton and Ontonagon Railroad Company to Vol. 17, p. 643. make a resurvey of its road. Houghtou and Be it enacted, <$-c., That the Houghton and Ontonagon Railroad Com- Outonagon R. R. pauy, a corporation organized and existing under the laws of the State Co. may resur- o f Michigan, and upon which the said State, in pursuance of a joint anew^a part^ol resolution of Congress approved May twentieth, eighteen hundred and their road. sixty-eight, has conferred the grants of land made to aid in the con- struction of a road from Marquette to Ontonagon, be authorized to make a resurvey and new location of that part of the line between Marquette Lands. and Ontouagon to be constructed by said company : Provided, That the said company shall be entitled to select and receive only its complement of lands for each mile of road constructed and completed, in the man- ner required by law, from the alternate odd-numbered sections of lands- belonging to the United States and within the limits heretofore assigned Map of new to said line of road: Provided further, That on the completion of said survey a map of the new line shall be filed with the Commissioner of Rolands for in- the General Land Office : And provided further, That said company shall me - not be entitled to receive any lauds for any increased length of the new- line hereby authorized, and shall only be entitled to receive its lands Homestead coterminous with its line of road as completed: And provided, That a vh P re ' em P tion nothing contained in this act shall be held to interfere with homestead rights. op preemption rights under existing laws, (a) (a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544, 545, 548, 552, 553, 567, 568, 573, 575, 593, 594. MICHIGAN. 241 No. 570. AN ACT extending the time for the completion of the Portage Lake and March 27, 1872. Lake Superior ship canal. Vol- 17, P- 44. and tll6 tJJiru. ua>y ui. irictruii, aiiuu Mumim cnguuccu. JLIUUUJ.&U cvuu. wi V-M.VJ j^ake Supei three, (a) ship canal ex- fa) See Nos. 543, 550, 556, 566, 579. tended. 571 .AN ACT to extend the time for the completion of the military road from April 24, 1872. rt Wilkins, at Copper Harbor, in the State of Michigan, to Fort Howard, at Green Yol. 17, p. 56. in the State of Wisconsin. Be it enacted, c., That the time for the construction and completion Time for com- of the military road from Fort Wilkins, at Copper Harbor, in the State pleting the mili- of Michigan, to Fort Howard, at Green Bay, in the State of Wisconsin, JjJJJJ. wnkinsto be, and the same is hereby, extended until the first day of January, Fort Howard ex- eighteen hundred and seventy -four. tended with SEC. 2. That all the grants, rights, and privileges contained in the J glnal rigbts - original grant be continued in full force and virtue for said time, (a) (a) See Nos. 537, 541, 554, 560. No. 572. AN ACT to extend the time of payment for their lands by persons hold- May 9, 1872. ing pre-emptions on the public lands in the States of Minnesota, Wisconsin, Michi- Vol. 17, p. 88. gan, and Territory of Dakota. [See MINNESOTA, No. 1898.] No. 573. AN ACT to authorize the Chicago and Northwestern Railway Company May 23, 1872. to change their projected line of railway in the State of Michigan. Vol. 17, p. 160. Be it enacted, $-c., That the Chicago and Northwestern Railway Com- Chicago and pany are hereby authorized to change and relocate that part of their Northwestern projected line of railway " from the city of Fc ad du Lac, in the State of lc a * * w a Wisconsin, northerly to Eecoi.abii, in tha State of Michigan," which in said btate of Michigan, HO as to run eaid 1'ne from " t o near the road, mouth of the Menomone- 1 ) River to Esconaba," on such line -within the limits of the land grant reserved for the use of said company, now on file in the office of the Commissioner of the General Land Office, as they may deem most advantageous, and shall cause a plat of their line, as relocated, to be filed in said office within six months of the passage of this act : Provided, That the grant of lands heretofore made to aid in Former grants the construction of said railroad shall not be increased or changed in any of lands not af- respect whatever by the change of line hereby authorized, (a) fected. (a) See Nos. 526, 531, 535, 538, 539, 540, 542, 544, 545, 548, 552, 553, 567, 568, 569, 575, 593, 594. 574. AN ACT relative to homestead settlers burned out in the States of Min- June 8, 1872. nesota, Wisconsin, and Michigan. Yol. 17, p. 337. [See MINNESOTA, No. 1900.] 575. AN ACT for the restoration to market of certain lands in Michigan. June 10, 1872. Be it enacted, #c., That all the lands remaining undisposed of in the reservation made for the Ottawa and Chippewa Indians of Michigan by Unsold lands of the treaty of July thirty -first, eighteen hundred and fifty-five, shall reserVSn in be restored to market by proper notice, under direction of the Secretary Michigan to be of the Interior, as hereinafter provided, (a) restored to SEC. 2. That said unoccupied lands shall be open to homestead entry m a rke .J- for six months from the passage of this act by Indians only of said homestead entry tribes who shall have not made selections or purchases under said by Indians only treaty, including such members of said tribes as have become of age for six months, since the expiration of the ten years named in the treaty ; and any In- dian so entitled shall be permitted to make his homestead entry at the local office within the six months aforesaid of not exceeding one hun- dred and sixty acres, or one quarter- section of minimum, or eighty acres of double minimum land, on making proper proof of his right under 3h rules as may be prescribed by the Secretary of the Interior : Pro- 16 L O YOL II 242 MICHIGAN. Collector of vided, That the collector of customs for the district in which said land customs to select is situated is hereby authorized, and it is made his duty to select for dren &c. 8Uch minor children as would be entitled under this law as heirs of any Indian. (&) B na-fide set- SEC. 3. That all actual, permanent, bona-fide settlers on any of said tiers on such lands who settled prior to the first day of January, eighteen hundred tends ^ prior ^to an( j 8 eventy-two, shall be entitled to enter either under the homestead titled 'to entry" l aws or to pay for at the minimum or double-minimum price, as the case &c. ' may be, not exceeding one hundred and sixty acres of the former or eighty acres of the latter class of land on making proof of his settle- ment an d continued residence before the expiration of six months from the passage of this act. Selections SEC. 4. That all selections by Indians heretofore made and regularly heretofore^ made reported and recognized as valid and proper by the Secretary of the to^be'patented to Interior and Commissioner of Indian Affairs, shall be patented to the them. respective Indians making the same ; and all sales heretofore made and Sales regularly reported where the same are regular and not in conflict with such selec- firmed &c'' COn tion8 > or witn an y other valid adverse right, except of the United States, are hereby confirmed, and patents shall issue thereon as in other cases according to law. After six SEC. 5. That immediately after the expiration of said six months, the S^lands^be secretar y 8aa11 proceed to restore the remaining lands to market by restored to mar- public notice of not less than thirty days, and after such restoration ket. they shall be subject to the general laws governing the disposition of Lands not to the public lands of the United States : Provided, That none of the lands nd taken t U &c 6r uereiu mentioned shall be subject to or taken under any grant of lands for public works or improvements, or by any railroad company. , 588. (b) See Xos. 85, 197, 455, 467, 480, 503, 515, 526, 535, 574, 583, 584. Jan. 24, 1873. No. 576. AN ACT to provide for the sale of a part of the light-house reservation Vol. 17, p. 420. at Fort Gratiot, Port Huron, in the State of Michigan. Portion 01 the Be it enacted, #c., That the Secretary of the Treasury be, and he is Fort Gratiot hereby, authorized to cause to be platted and sold at public auction so light -house res- mucn o f the Fort Gratiot light-house reservation, at Port Huron, in sold a K 6 the State of Michigan, as is comprised within the following metes and Boundaries. bounds, to wit : Beginning at a point which is one thousand ninety -two and one-half feet north eighty degrees and forty-four minutes east (true) from monument number one of the survey of Fort Gratiot mili- tary reservation made by W. H. Hoarding in April, eighteen hundred and fifty-nine, and the position of which is indicated upon the map of the same reservation made under the direction of Major 0. M. Poe, corps of engineers, United States Army, in eighteen hundred and sev- enty; thence north nine degrees and sixteen minutes west (true) three thousand one hundred and thirty-five feet; thence north eighty degrees and forty-four minutes east (true) five hundred and thirty -two feet; thence south nine degrees and sixteen minutes east (true) one thousand one hundred and eighty-four feet ; thence north eighty degrees and forty-four minutes east (true) to the shore of lake, to the place of be- ginning, save and except that right of way is expressly reserved over a strip of land sixty-six feet wide and extending in a direct line from the light-house tower, either in its present or any future position, to the present western boundary of the reservation ; and that the sub- division of the same be made to correspond, as far as may be, to the Becord. plat of the village of Fort Gratiot ; and that a record thereof be filed in the office of register of deeds for the county of Saint Clair ; and Money re- that the money received for such lands be paid into the Treasury, except ceived to be paid so much as may be necessary to repay the expenses of survey and into Treasury. 8a i 6t ( a ) (a) See Nos. 531, 533, 546, 551, 555, 558, 559, 578, 580, 594. Feb 18 1873. No * 577. AX ACT in relation to mineral lands. Vol. 17, p. 465. g e fa enacts ^ Ci? That within the States hereinafter named deposits Mines of iron or mines of iron and coal be, and they are hereby, excluded from the and coal and operations of an act entitled "An act to promote the development of mineral lands in tne m i n i ng resources of the United States," approved May tenth MICHIGAN. 243 ighteen hundred and seventy two, and said act shall not apply to the Michigan, Mm. mineral lands situate and being within the States of Michigan, Wis- JJ^jJ' a ^ti consin, and Minnesota, and that said lands are hereby declared free and eluded in act of open to exploration and purchase, according to the legal subdivisons 167-2. thereof, as before the passage of said act ; and that any bona-de entries of such lands within said States, since the passage thereof, may be pat- ented without reference to the provisions of said act. (a) (a) See Eos. 458, 515, 518. No. 578. AN ACT to authorize the Secretary of War to survey, plat, and sell the March 3, 1873. present cemetery grounds upon the Fort Gratiot military reservation in Michi- Vol. 17, p. 620. gan, and for other purposes. Be it enacted, #c., That so much of the Fort Gratiot military reserva- Portion of Fort tion, in the State of Michigan, as has heretofore been granted to the Gratiot military city of Port Huron for a cemetery, shall be, upon the request of widgf^^^^ city, duly certified under the seal thereof, surveyed and platted into foracemetery to streets, blocks, and lots, under the direction of the Secretary of War, in be, upon request, conformity to the plat of that portion of said military reservation sur- surveyed and rounding said cemetery, lately made by Major O. M. Poe, United States P/rJjts&c 1 and engineer, and now on file in the office of the register of deeds of Saint sojt i at public Clair County, and shall be sold under the direction of the Secretary of auction. War at public vendue, and the proceeds of such sale, after paying the Proceeds of expenses of such survey and sale, shall be paid over to the city of Port sale. Huron, to be used by said city for the -purchase or improvement, or both, of such lands as the city may acquire for another cemetery, and for removing the remains of those buried in the present to the new Lots in new- cemetery, and for such other purposes as may be necessary in the change cemetery, of burial places : Provided, That suitable and proper lots in the new cemetery shall be granted to those having lots in the present cemetery, with like improvements, or their value, to a reasonable extent, and that reinterments not otherwise provided for shall be made at the ex- pense of said city, and that the city of Port Huron, shall hold such moneys in trust for the purposes herein specified, and for no other whatever ; and conveyances of the blocks and lots sold by the Secre- Conveyances, tary of War, as herein provided for, shall be made to purchasers by the said Secretary of War under such rutes and regulations as he shall pre- scribe, and the survey and plat, or a copy thereof, herein provided for, Survey and shall be recorded in the office of the register of deeds in Saint Clair Pj at to be record * County, and the same, or duly certified copies theieof, shall be evi- dence in all courts for all lawful purposes connected therewith: And Majority of cit- provided further, That said city shall obtain the consent of a majority ^removaTrf of the citizens thereof, owning or occupying lots in said cemetery, to cemetery, such removal, (a) (a) SeeNos. 531, 533, 546, 551, 555, 558, 559, 576, 580, 594. No. 5? 9. AN ACT extending the time for the completion of the Portage Lake and March 3, 1873. Lake Superior ship canal. Vol. 17, p. 627. Be it enacted, <$-c,, That the time for the completion of the Portage Lake Time for corn- ad Lake Superior ship canal be and the same is hereby extended to pleting the Portr the first day ol December, anno Domini eighteen hundred and seventy- |^ e Superior ^hree. (a) 8D ip cana i ex- (a) See Nos. 543, 550, 556, 570. tended. 580. AN ACT authorizing the Secretary of War to grant a right of way June 18, 1874. across a corner of the Fort Gratiot military reservation to the city railroad com- Vol. 18, p. 81. pany, Port Huron, Michigan. Be it enacted, #c., That the Secretary of War be, and he is hereby, Right of authorized, m his discretion, to grant a permit to the Port Huron City to street rail street railroad to lay and ute a curved tract over the northwest corner of the Fort Gratiot military reservation, in a curve having a radius of fifty-four feet, and encroaching upon the reservation about fifteen feet from the angle, (a) (a) See Nos. 531, 533, 546, 551, 555, 558, 559, 576, 578, 594. 244 MICHIGAN. June 22, 1674. Xo. 5S1 . AN ACT relinquishing the rights of the United States in certain lands Vol. 18, p. 196. in the State of Michigan. lights of Unit- Be if enacted, #c. t That all rights and title of the United States to the ed States to cer- middle ground or island in the Saginaw River, lying within the pre- tain land in Sag- scribed limits of fractional section five, in township thirteen north, of inaw Eiver re- rarj g e nv e eat, and sections twenty-nine and thirty-two, in township rimriai^owners fourteen north, of range five east, in the State of Michigan, are hereby relinquished to the riparian owners respectively of the lands ou the shores of said river in front of or opposite to said island, saving and Saving clause reserving to all persons or parties other than the United States any Proviso. ' legal rights acquired therein : Provided, That this act shall not be con- strued or held to imply a claim of title on the part of the United States to said middle ground, but only os a relinquishment of any apparent right therein to the persons respectively to whom the lands on said Certain rights shores were patented, their heirs and assigns : Provided further, That not affected. nothing contained in this act shall be construed to affect in any manner the rights of Stephen Marston, one of the proprietors and occupants of said middle ground. March 3, 1875. Wo. 582. AN ACT making appropriations for the current and contingent expenses Vol 18 p. 425 of the Indian Department, and for fulfilling treaty stipulations with various Indian ! 1 tribes, for the year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes. Be it enacted, fc., * * Missionary So- That the Secretary of the Interior be, and he is hereby, authorized to diBt 7 E isco ai is8ue to the Missionary Society of the Methodist Episcopal Church a Church. patent for the southeast quarter of section nine, in township fourteen north, of range four west, situate in the State of Michigan, as per fourth article of treaty of October eighteenth, eighteen hundred and sixty- four. March 3, 187^. No. 583. AN ACT to provide f r the sale of the buildings and grounds known Vol. 18, p as the Detroit Arsenal, in the State of Michigan. > i .1 Be it enacted, containing one and twenty- six hundredths acres, and bounded on to school district the north by Portage street, on the east by Church street, on the south of Sault Sainte by Ridge street and on the west by the west line of said military reserva- Marie. tion, be, and the same is hereby, donated to school district numbered one in township of Sanlt Sainte Marie, in the county and State afore- said, for school purposes, and for no other purpose, (a) Streets estab- SECTION * public lands. SEC. 3. And be it further enacted, That the surveyor for Wisconsin Survey or of Territory, to be appointed in pursuance of this act, shall establish his Wisconsin to es- office at the town of Du Buque, in the Territory of Wisconsin ; and SnSuoue. ^ that he shall be allowed an annual salary of fifteen hundred dollars, to Salary, commence at such period as his office shall be in readiness for opera- Authorized to tion ; and he shall be authorized to employ one draughtsman and clerk, employ a drafts- whose aggregate compensation shall not exceed sixteen hundred dollars JJ^?. gaiaries^ per annum. He shall also be allowed the sum of three hundred and office rent, &c. fifty dollars per annum, for office rent, fuel, and other incidental ex- penses of his office ; to be paid out of any money appropriated for sur- veying the public land, (a) (a) SeeNos. 598, 655, 656, 668. No. 608. AN ACT to ascertain and designate the boundary line between the State June 12, 1838. of Michigan and the Territory of Wisconsin. Yol. 5, p. 244. [See MICHIGAN, No. 498.] No. 609. AN ACT concerning a seminary of learning in the Territory of "Wisconsin. June 12, 1838. Be it enacted, #c. t That the Secretary of the Treasury be. and he is Yo1 - 5 ' P- 244 - hereby, authorized to set apart and reserve from sale, out of any of the Secretary public lands within the Territory of Wisconsin, to which the Indian title Treasury to set has been, or may be, extinguished, and not otherwise appropriated, a ? JJJ ^JJ ^own- quantity of land not exceeding two entire townships, for the use and ships of land for support of a university within the said Territory, and for no other use the use of a uni- or purpose whatsoever ; to be located in tracts of land of not less than versity. an entire section, corresponding with any of the legal divisions into which the public lands are authorized to be surveyed, (a) (a) See Nos. 622, 626, 629, 640. No. 610.- AN ACT to grant a quantity of land to the Territory of Wisconsin, for June 18, 1838. the purpose of aiding in opening a canal to connect the waters of Lake Michigan Vol. 5, p. 245. with those of Eock River. Be it enacted, #c., That there be, and hereby is, granted to the Terri- Certain lands tory of Wisconsin, for the purpose of aiding in opening a canal to'unite granted to Wis- the waters of Lake Michigan, at Milwaukee, with those of Rock River, ?JJ!_ to a ^Jf between the point of intersection with said river, of the line dividing <.. townships seven and eight and the Lake Koshkonong, all the land here- tofore not otherwise appropriated or disposed of in those sections and fractional sections which are numbered with odd numbers on the plats of the public surveys, within the breadth of five full sections, taken in north and south, or east and west tiers, on each side of the main route of said canal, from one end thereof to the other, and reserving the even- numbered sections and fractional sections, taken as above, to the United Lands so grant- States; and the said land, so granted to aid in the construction of said ed shall be sub- canal, shall be subject to the disposal of the legislature of the said Ter- J e ^ * Y? e 18 ?- ritory, for the purpose aforesaid, and no other : Provided, That the said gture. canal, when completed, and the branches thereof, shall be, and for ever Proviso. 262 WISCONSIN. remain, a public highway, for the use of the Government of the United States, free from any toll or other charge whatever, for any property of the United States, or persons in their service, passing through the Proviso. same : Provided, That said main canal shall be commenced within three years, and completed in ten years, or the United States shall be entitled to receive the amount for which any of said land may have been previ- ously sold, and that the title to purchasers under the Territory shall be valid, (a) The governor SEC. 2. And be it further enacted, That so soon as the route of the said 8 ^ a t U /ransmit a main canal shall be definitely located and established, agreeably to an &c to ttoCom- act of the le g isl ature of said Territory, incorporating the Milwaukee mis'sioner of the and Rock River Canal Company, approved January fifth, 1838, it shall General Land be the duty of the governor thereof, to transmit a plat of the same, show- Office, who shall j^g jt 8 terminations and its connections with the section corners of the fands herein P ublic 8Urve y 8 > to the Commissioner of the General Land Office, whose granted, and duty it shall be to ascertain, under the direction of the President of the cause lists of United States, the particular lands herein granted to said Territory; them to be pre- an( i 8 hall cause duplicate lists of the same to be prepared from the plats pared, &c. on gj e - n n j g om - ce> one o f w hich he shall transmit to the governor of said Territory, who, or such other person or persons as shall be ap- pointed for the purpose, under the authority of the legislature of the said Territory, or of the State which may be erected out of the same, after the admission of such State, shall have power to sell or convey the whole, or any part of said land, at a price not less than two dollars and fifty cents per acre, and to give a title in fee-simple therefor, to whom- soever shall purchase the whole or any part thereof. Prices of the SEC. 3. And be it further enacted, That the alternate sections and frac- tenft- tional sections which shall remain to the United States, agreeably to the first section of this act, shall not be sold for a less sum than two dollars and fifty cents per acre, nor be subject to pre-emption. (6) Sections divid- SEC. 4. And be it further enacted, That in reference to the provisions ed by route of of the first section of this act, where a section shall be divided by the main canal how rou t e of the main canal, such section shall be counted (in fixing the lateral limits of said grant) as being on or towards that side of the line next the larger portion of said section, ascertained by reference to the mile-lines and corners of the sections, and the land and water thereby included. Whenever the SEC. 5. And be it further enacted, That whenever the Territory of Wis- TerritoryofWis-consin shall be admitted into the Union as a State, the lands hereby e a State such g ranted for tne construction of the said canal, or such part thereof as part of the lands ma y not have been already sold, and applied to chat object, under the hereby granted direction of the Territoiial government, shall vest in the State of Wis- as may not have cousin, to be disposed of under such regulations as the legislature vesUnThe State thereof mav provide, the proceeds of sale to be applied to the construe & c 8 ' tion of the said canal, or of such part thereof as may not have beep Number of completed, and the State of Wisconsin shall be entitled to hold, in shares the State virtue of the grant hereby made, as many shares of the stock of the holdinTidSa^af 8aid cana ! M sha11 be equivalent to the aggregate of all the sums of &c ' money arising from the nett proceeds of the sales of the said lands, and applied to the construction of the canal, anything in the charter of the Milwaukee and Rock River Canal Company to the contrary notwith- standing, and shall be entitled to the same dividends on said stock as Provisions re- any other stockholder; and in the event that the said State shall make 1 at i n g to the no other adequate provision for purchasing out the residue of the stock claims of stock, o f t, ne 6a/ i& canal, the dividends of the State stock hereby acquired, and all other proceeds of the sales of the lands hereby granted, shall con- stitute a fund, and be applied to the extinguishment of the claims of all other stockholders, until the entire stock vested in the canal shall have been acquired by the State : after which, and after the said State shall have been reimbursed for all expenses incurred out of her own proper funds in the construction and repairs of said canal, no other tolls or charge whatever, for the use or navigation of the said canal shall be levied, except to such amount as may be required to keep the said canal and the works appurtenant thereto in good repair, and provide for the Proviso. collection of the tolls and the superintendence of said canal : Provided, moreover, That no part of the said lands shall be sold for less than two dollars and a half per acre, nor any sale made until after three months' public notice thereof, and to the highest bidder ; but in case such price cannot be obiained therefor, within five years from the first sale at- tempted to be made, it shall and may be lawful for the Territorial or WISCONSIN. 253 State legislature of Wisconsin to reduce the minimum price of the said lands, SEC. 6. And be it further enacted, That the said State of Wisconsin, Wisconsin re- shall be held responsible to the United States, and for the payment into sponsible to the the Treasury thereof, of the amount of all moneys received upon the Jfmone 1 '? 8 re- sale of the whole or any part of said land, at the price at which the ce i ve( j & c . i same shall be sold, not less than two dollars and fifty cents per acre, if < the said main canal shall not be commenced within three years, and completed within ten years, pursuant to tlie provisions of the act creat- ing said canal corporation. SEC. 7. And be it further enacted, That, in order to render effectual the Assent of the i provisions of this act, the legislature of the State to be erected orj^ 1 ^ ture re " admitted out of the territory now comprised in Wisconsin Territory, q east of the Mississippi, shall give their assent to the same by act to be duly passed. SEC. 8. And be it further enacted, That, for the purpose of securing a The legislature better price for the lands hereby granted, and expediting the construe- of Wisconsin may tion of the said canal, the Territorial legislature of Wisconsin may bor- rj w of^said row, upon a pledge of the said lands, such sum or sums of money as they lands. may think expedient, and defer the sale of said lands, or any part thereof, until such time or times, not exceeding two years beyond the period of the completion of said canal, as they may deem expedient ; and for such sum or sums as may be so borrowed, and applied to the i construction of said canal, the State of Wisconsin shall be entitled to ! such interest in the stock of said canal as shall be equivalent thereto in amount, and the interest so acquired shall be subject to all the obli- gations and restrictions provided in the last section of this act. SEC. 9. And be it further enacted, That the assent of Congress is hereby Assent of Con- given to the act of the Territorial legislature of Wisconsin entitled an gress hereby act to incorporate the Milwaukee and Rock River Canal Company, sub- f j ven h * fed* ject to the preceding modifications and to the following provision ; that t ure of Wiscon- in estimating the principal sum and interest to be paid by the said Ter- sin, incorporat- ritory or the future State of Wisconsin to the stockholders of the said ig the Milwau- canal, a credit shall be given to the Territory or State for all dividends mver*c!ffla?Con received by the said stockholders prior to the extinguishment of theii panj. interest in the said canal, in the mode provided by the twenty -third sec- tion of the said act of incorporation. SEC. 10. And be it further enacted, That Congress may, at any time Tolls, until said Territory shall be admitted as a State, prescribe and regulate the tolls to be received by said company ; and after said Territory shall \ be admitted as a State, the legislature thereof shall possess the like power ; and said act of incorporation is hereby approved, subject to the modification and conditions aforesaid. SEC. 11. And be it further enacted, That the Secretary of the Treasury Landsprobably shall reserve from sale the lands probably falling within the limits of falling within said grant, and the lands which, by the first section, were reserved to 1 im j*f of , sa i d the United States, until the said canal can be located and the lands gsTrved'f ro m selected as contemplated by this act, and no pre-emption right shall sale, attach thereto. (a) See Nos. 626, 629, 661. !>) See Nos. 389, 599, 601, 616, 626, 627, 629, 630, 635, 644, 649, 650, 654, 656, 659, 663, 667, No. 611. AN ACT for the relief of the Brothertown Indians, in the Territory of March 3, 1839. Wisconsin. Vol. 5, p. 349. Be it enacted, was refused the privileges granted by said act, in section elsewhere consequence of the mineral character of the tract of land applied for by him, shall be permitted to enter, at the rate of one dollar and twen- ty-five cents an acre, one complete quarter-section of land, of any lands in said land district which have not yet been offered at public sale : Proviso. Provided, That no tract shall be entered, by any settler claiming under this act, which contains mines or discoveries of lead ore, or on which there may be an improvement, or on which any person may have a resi- Proviso, that dence, or which may have been reserved from sale : And provided, further, the claimant That the claimant, under this act, and his witnesses, shall make oath, shall^make^oath before a perS on duly qualified to administer oaths, to all the facts stated stated by them, (a) Instructions of SEC. 2. And le it further enacted, That the provisions of this act be Secretary Treas- carried into effect, in conformity with the instructions which may be om " given by the Secretary of the Treasury, to the register and receiver of the land office at Muscoday. (a) See Nos. 389, 599, 601, 610, 626, 627, 629, 630, 635, 644, 649, 650, 654, 656, 659, 663, 667, 679, 680, 686, 694. WISCONSIN. 257 No. 017. AN ACT for the relief of the Stockbridge tribe of Indians, in thoTerii March :*, 1643. tory of Wiskonsan. Vol. 5, p. 645. Be it enacted, ^-c., That the township of land, containing twenty- three Land reserved thousand and forty acres, (or whatever quantity now remains to them,) for Stockbridge lying on the east side of Winnebago Lake, in the Territory of Wiscon- Jf^JJJf may be sin, which, by the proviso of a treaty made with the Menomonie In- dians on the seventeenth day of February, in the year eighteen hun- dred and thirty-one, and ratified on the ninth day of July, eighteen hundred and thirty-two, was reserved for the use of the Stockbridge tribe of Indians, and which, by a subsequent treaty with the Meno- monie tribe, bearing date twenty-seventh October, eighteen hundred and thirty-two, and ratified thirteenth March, eighteen hundred and thirty-three, was further secured to the said Stockbridge tribe of In- dians, may be partitioned and divided among the different individuals composing said tribe of Stockbridge Indians, and may be held by them, separately and severally, in fee-simple, after such division shall have been made in the manner hereinafter mentioned. SEC. 2. And be it further enacted, That for the purpose of making parti- Board of com-. mon the individuals of said tribe of tion and division of said lands among Stockbridge Indians, a board of commissioners shall be constituted, to S i on jj OW consist of live of the principal or head men of said tribe, a majority of tute'd. whom shall constitute a quorum to do business, whose duty it shall be to make a just and fair partition and division of said lands among the members of said tribe, or among such of them as, by the laws and cus- toms and regulations of said tribe, are entitled to the same, and in such proportions and in such manner as shall be consistent with equity and justice, and in accordance with the existing laws, customs, usages, or agreements of said tribe. SEC. 3. And be it further enacted, That, for the purpose of electing or Manner of choosing said board of commissioners, a meeting of said tribe shall bo electing the com" held at their church or principal public place, on the reservation of land ml aforesaid, on the first Monday in April, eighteen hundred and forty- three, at which all the male members of said tribe, over the age of twenty-one years, shall be allowed to vote for such commissioners ; and the said five commissioners shall then and there be elected or chosen by the said tribe, by a majority of the whole number of such voters then present. And the judge of the district in which said lands are situated (or, in his absence, the register of the land office at Green Bay, or the commanding officer of the United States troops at Fort Howard) shall attend at the time and place aforesaid, and preside at said meeting, superintend the said election, and see that the proceedings are fairly conducted. And the said presiding officer may. in his discretion, pre- scribe whether the said election shall be by ballot or viva voce, and shall, in other respects, cause the proceedings to be conducted in such a manner as to ensure a fair and proper choice or election : and after the said commissioners shall have been so chosen or elected, the said presiding officer shall immediately certify that fact, setting forth the names of the commissioners who shall be elected, and shall make two copies of said certificate, one of which he shall file in the office of the register of the land district at Green Bay, and the other he shall transmit by mail to the President of the United States. SEC. 4. And be it further enacted, That after the said commissioner How the divi- shall have been elected or chosen as above prescribed, and as soon there- sion . s h a 1 1 be after as conveniently may be, they shall proceed to make partition and mi division of all the lands aforesaid, among the individual members of said tribe, or among such of them as, by the laws, customs, usages, or agreements of said tribe, are justly entitled to the same, and in such way and manner, and upon such principles, and in such proportions, as* shall be agreeable to equity and justice, and consistent with the laws, usages, customs, and agreements of paid tribe : Provided, however, That Proviso. the buildings and improvements, and the farms on which the same are situated, which are now held or possessed in severalty by the members of the said tribe, shall, so far as the same can consistently be done, be allotted or apportioned to the present occupants ; and that no person or individual of said tribe shall be dispossessed or deprived of the improve- ments or land which they now occupy, unless it shall be found by the said commissioners that such person or persons are in possession of and occupying more laud than they are justly entitled to, and then the over- pins may be apportioned to others. SEC. 5. And be it further enacted, That after the said commissioners Commissioners 17 L O VOL. II 258 WISCONSIN. to make a report shall have made suck partition and division as aforesaid, they shall make, of j,heir proceed- or cause to be made, a full report of their proceedings in the premises, lp ' setting forth the name of each person to whom they have apportioned any part of said land, the quantity apportioned or allotted to each, with the metes and bounds, or other definite description of each several piece or parcel of land ; and they shall accompany said report with a fair and accurate map of the whole, showing the divisions and partitions aforesaid ; which report and map, or a true copy thereof, shall be deposited with the town clerk of said tribe, on or before the first day of July, eighteen hundred and forty-three, and shall remain open for inspection to all for the space of twenty days thereafter; and if any Mode of pro- member or members of said tribe shall object to the partition or divi- ceeding in case of gion so made by the said commissioners, or shall deem himself or them- the division be- ge i ves aggrieved thereby, he or they may, within ten days thereafter, torf " l ive notice thereof to the said commissioners, who shall, within twenty days thereafter, meet to hear and determine such grievances, and take testimony, if necessary, and, after such hearing, shall have power to alter or modify such partition, if, in their judgment, any alteration or modification is necessary, in order to do equal and exact justice to all parties interested. Three copies of SEC. (i. And be it further enacted, That, after the said report shah* report and map be finally completed, the Commissioner shall cause three fair copies of d MMiteiL and * k sa ^ re P ort; > an -d f the map accompanying the same, as finally agreed upon and settled, to be made and signed by said commissioners, one copy of which shall be deposited in the office of the secretary of said Territory, one copy in the office of the clerk of the county within which said lands are situated, and the other shall be transmitted to the Presi- Patems to be dent of the United States, who shall thereupon cause patents to be i*ued. i>bued to the several individuals named in said report, for the lands so apportioned to them respectively, by which the said persons shall be authorized to hold the said land in fee-simple, to themselves and their heirs and assigns. Disposition of SEC. 7. And be it further enacted, That the said report and map shall the report and be filed with the secretary of said Territory, and in the clerk's office of map to be made sa id county, and shall also be transmitted to the President, on or before '/"auuarvTeJl- tije first da ^ of January, eighteen hundred and forty-four ; and, after after which the the same shall have been filed and transmitted to the President as Indians shall i.e aforesaid, the said Stockbridge tribe of Indians, and each and every of citizens of the them, shall then be deemed to be, and from that time forth are hereby declared to be, citizensof the United States, to all intents and purposes, and shall be entitled to all the rights, privileges, and immunities of .such citizens, and bhnll, in all respects, be subject to the laws of the United States and of the Territory of Wisconsin, in the same manner as orber citizens of said Territory; and the jurisdiction of the United States and of said Territory shall be extended over the said township or reservation now held by them, in the same manner as over other parts of said Territory ; and their rights as a tribe or nation, and their power of making or executing their own laws, usages, or customs, as such tribe, Proviso. shall cease and determine: Provided, however, That nothing in this act contained shall be so construed as to deprive them of the right to any annuity now due them from the State of New York or the United States, but they shall be entitled to receive any such annuity, in the same manner "as though this act had not been passed, (a) (a) See Xos. 621, 663, 664, 669, 674, 679, 693. June 15 1644. ^- 618. AX ACT granting a section of land for the improvement of Grant River Vol 5 p. 663^ a ^ the town of Potosi, in Wisconsin Territory. One section of ^ '' ** enacted, <}(., That ihere be, and hereby is, granted to theTerri- land granted to tory of Wisconsin, section number thirty-four, in township number three be divided into north, in range number three west, of the fourth principal meridian in lots and disposed t j ie ga j ( | Territory, for the purpose of improving Grant River, known as the Grant Slue, at the town of Potosi, in the said Territory, and for no other use or purpose whatever: and the said land shall be surveyed, aad divided into lots, and shall be sold and disposed of in such manner, and under such regulations and restrictions, as the legislature of the said Proviso. Territory shall establish: Provided, That in disposing of the same, pre- emption rights shall be granted to actual settlers and occupants resid- WISCONSIN. 259 ing on said lots, at the time of the passage of this act, according to the provisions and restrictions in the next section provided. SEC. 2. And be itfurtJier enacted, That the survey or- general of Wiscon- Commissioners sin and Iowa, shall appoint three disinterested commissioners, whose to be appointed duty it shall be to view and examine all the lots which are actually oc- to value occupied copied and improved, and assess the true value of said lots, without ' taking into the estimation, any of the improvements on the same ; and the occupants of said lots, by paying, within one year from the passage of this act, the assessed value as aforesaid of their respective lots, shall be entitled to the right of pre-emption as aforesaid ; and upon the failure of any, or all said occupants to do so, the said lot or lots to the extent of such failure, shall be sold as other lots in said town : Provided, That the Proviso, said occupants may at any time before said lots are sold, pay the as- sessed value and thereby save their right of pre-emption aforesaid : And provided further, That the said commissioners aforesaid shall, before they enter upon their duties as such, be sworn faithfully to discharge their duties according to the provisions of this act ; and they shall receive a compensation lor their services to be prescribed by the legislature of said Territory : Provided, That the whole compensation to said commissioners Proviso, shall not exceed the sum of one hundred and twenty dollars. No. 619. AN ACT to authorize the selection of certain school lands in the Terri- June 15, 1844. tories of Florida, Iowa, and Wisconsin. Vol. 5, p. 666. [See FLORIDA, No. 1668.] No. 620. AN ACT to authorize the President of the United States to sell the re- Ju i v n 1846 served mineral lands in the States of Illinois and Arkansas, and Territories of Wis- Vol 9 u 37 cousin and Iowa, supposed to contain lead ore. [See ILLINOIS, No. 421.] No. 621. AN ACT to repeal an act entiiled "An act for the relief of tbe Stock- Aug. 6, 1846. bridge tribe of Indians in the Territory of Wisconsin," approved March third, Vol. 9, p. 55. hundred and forty-three, and for other purposes. Be it enacted, land may be situated; one other copy he shall tile in the land office at Green Bay, in Wisconsin Territory; and the other shall be returned to the Secretary of War. And, upon the receipt of the said return b.y the Patents to ia- Becretary of War, patents maybe issued to the individual reseivees sue to those res- 260 WISCONSIN. ervees who be- who become citizens, upon the receipt of which a title in fee-simple to come citizens. the lot of land shall vest in the patentee : and all transfers and assign- > ments of the laud made previous to the issuance of the patent shall be Indians becom- null and void: Provided, however, That those Indians who become citi- ing citizens to zens shall forfeit all right to receive any portion of the annuity which forfeit annuity. mav now j^ or mav fo ecome ,j ne the nation of Stockbridges, by virtue of any treaty heretofore entered into by this Government with said Stock- bridges. |5,000 to be paid SEC. 3. Ami be it further eint<-tid, That, in consideration of the moneys them for that paid by said Stockbridge nation of Indians to the Winnebagoes and sum paid by them Menomonies in the years eighteen hundred and twenty-one and eighteen goes ^nd^leno- hundred and twenty-two, and all other claims, the sum of five thousand monies. dollars be paid to said tribe of Indians by the Secretary of War; and for this purpose, the said sum of five thousand dollars be, and the same Appropriation, is hereby, appropriated, out of any money in the Treasury not otherwise Proviso. appropriated : Provided, That nothing in this act contained shall be construed to impair any claim which said nation may have upon the Delaware nation to a share of the lands assigned to them west of the Missouri River, (a) (a) See Xos. 617, 663, 664, 669, 674, 679, 693. Au". t:, lc<4r,. ^Vo. 622. AX A< T to enable the people of Wisconsin Territory to form a constitu- Vof 9,'p. 56. tion an d State government, and for the admission of such State into the Union. The people of Be lt ena cte( l> 4' r -j That the people of the Territory of Wisconsin be, Wisconsin au- and they are hereby, auihoriztd to form a constitution and State gov- thorized to form ernment, for the purpose of being admitted into the Union on an equal * Tst- St t * u * i n footing with the original States in all respects whatsoever, by the name men? a ' of the State of Wisconsin, with the following boundaries, to wit: Be- Boundaries. ginning at the northeast corner of the State of Illinois that is to say, at a point in the centre of Lake Michigan where the line of forty- two degrees and thirty minutes of north latitude crosses the same ; thence running with the boundary line of the State of Michigan, through Lake Michigan, Green Bay, to the month of the Menomouie River ; thence up the channel of said river to the Brule River; thence up said last-men- tioned river to Lake Brule; thence along the southern shore of Lake Brule in a direct line to the centre of the channel between Middle and South Inlands, in the Lake of the Desert; thence in a direct line to the headwaters of the Montreal River, as marked upon the survey made by Captain Cramm ; thence down the main channel of the Montreal River to the middle of Lake Superior ; thence through the centre of Lake Superior to the mouth of the St. Louis River ; thence up the main chan- nel of said river to the first rapids in the same, above the Indian vil- lage, according to Nicollet's map ; thence due south to the main branch of the river St. Croix; thence down the main channel of said river to the Mississippi ; thence down the centre of the main channel of that river to the northwest corner of the State of Illinois; thence due east with the northern boundary of the State of Illinois to the place of be- ginning, as established by u Au act to enable the people of the Illinois Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States," approved April eighteen, eighteen hundred and eighteen. Jurisdiction of SEC. 2. And fee it further enacted, That, to prevent all disputes in ref- islands in Brnleerence to the jurisdiction of islands in the said Brule and Menomouie and Menomonie rivers, the line be s-> run as to include within the jurisdiction of Michi- gan all the islands in the Brule and Menomouie rivers, (to the extent in which said rivers are adopted as a boundary,) down to, and inclu- sive of, the Quinnesec Falls of the Menomonie; and from thence the line shall be so run as to include within the jurisdiction of Wisconsin all the islands in the Menomonie River, from the falls aforesaid down to the junction of said river with Green Bay : Provided, That the adjust- ment of boundary, as fixed in this act, between Wisconsin and Michi- Assentof Mich- gan shall not be binding on Congress, unless the same shall be ratified igan required, by the State of Michigan on or before the first day of June, one thou- sand eight hundred and forty-eight. To have con- SEC. 3. And be it further enacted, That the said State of Wisconsin shall current jurisdic- have concurrent jurisdiction on the Mississippi, and all other rivers and tion on the Mis- wa ters bordering on the said State of Wisconsin, so far as the 3: WISCONSIN. 261 ___ 11 form a common boundary to said State and any other State or sjseippi and other Itates now or hereafter to be formed or bounded by the same j and said ri ]Javigable wa- river and waters, and the navigable waters leading into the same, shall t ers to be com- be common highways, and forever free, as well to the inhabitants of mon highways. said State as to all other citizens of the United States, without any tax, duty, impost, or toll, therefor. SEC. 4. And be it further enacted, That from and after the admission Laws of United oi the State of Wisconsin into the Union, in pursuance of this act, the States extended laws of the United States which are not locally inapplicable shall have to the same force and effect within the State of Wisconsin as elsewhere within the United States. () . That section numbered Sixteen, in every township of the public Lands for lands in said State, and where such section has been sold or otherwise schools. disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to said State for the use of schools, (b) Second. That the seventy-two sections or two entire townships of land Lands for a set apart and reserved for the use and support of a university by an seminary of act of Congress, approved on the twelfth day of June, eighteen hun- dred and thirty-eight, entitled See No. 600. >o. (;^:|. AN ACT to grant a certain quantity of land to aid in the improvement Aug. , 1646. <>f the Fox and Wisconsin rivers, and to connect the same by a canal, in the Ter- Vol. 9, p. 83. ritorv of Wisconsin. --- Be it enacted, . G4:$. 650, 671. Aug. 10, 1*46. JT. 24 .AX AC T making appropriations for the civil and diplomatic expenses of Vol. 9, p. 85. Government, for the year ending the thirtieth day of June, eighteen hundred and forty-seven, and for other purposes. # # * * * * * So much of line SEC. 4. And Ic it further enacted, That the surveyor-general northwest i aandTvscon- of tne ^ nio under the direction of the President, be, and hereby is, re- sunas lies be- quired to cause to be surveyed, marked, and designated, so much of the tween the sour- line between Michigan and Wisconsin as lies between the source of cesof Brul6 and Brule River and the source of Montreal River, as defined by the "Act tobe^rveved' to enaole tne People of Wisconsin Territory to form a constitution aud State government, and for the admission of such State into the Union ;" and the expense of such survey shall be paid, upon the certificate of the said surveyor-general, out of any money in the Treasury not other- wise appropriated, not exceeding one thousand dollars, (a) (a) See Nos. 378, 394, 487, 401, 498, 499, 597, 600, 602, 603, 606, 608, 613, 622, 626, 629. WISCONSIN, 263 625. AX ACT to grant a right of preemption to Philip F. Bering and Robert Feb. 25, 1847. H. Champion to a tract of mineral land. Vol. 9, p. 686. Be it enacted, t fc., That there be, and hereby is, granted to Philip F. n _^ 1 J_ r ri i 8 |lt g[ _>ering and Robert H. Champion, of the county of Iowa, and Territory KSn lands of Wisconsin, the right of preemption to the northeast quarter, and east granted to P. F. half of the northwest quarter, of section numbered twenty-six, in Bering and n. H. township numbered one north, of range numbered one east, of the Champion, fourth principal meridian, being the laud now occupied by them under a lease from the United States as mineral land : Provided, That said Der- Proviso as to ing and Champion shall make full payment for the same at the proper payment. land office within six months after the passage of this act : And pro- vided, further. That nothing herein contained shall be so construed as to Proviso, affect* the lawful claims of any other person or persons to the same, by virtue of existing laws. fo. 620. AN ACT for the admission of the State of Wisconsin into the Union. March 3 1847. Hiereas the people of the Territory of Wisconsin did, on the six- jnth day of December, eighteen hundred and forty-six, by a conven- Preamble, tion of delegates called and assembled for that purpose, form for them- selves a constitution and State government, which said constitution is republican ; and said convention having asked the admission of said Territory into the Union as a State, on an equal footing with the original States Be it enacted, <$-c., That the State of Wisconsin be, and the same is here- Wisconsin ad- by, declared to be, one of the United States of America, and is hereby nritted into the admitted into the Union on an equal footing with the original States, union, in all respects whatever. SEC. 2. And le It further enacted, That the assent of Congress is hereby change of given to the change of boundary proposed in the first article of said boundary, &c. constitution, to wit : Leaving the boundary line prescribed in the act of Congress entitled " An act to enable the people of Wisconsin Territory to form a constitution and State government, and for the admission of such State into the Union,' 7 at the first rapids in the river St. Louis, thence in a direct line southwardly to a point fifteen miles east of the most easterly point in Lake St. Croix, thence due south to the main channel of the Mississippi River or Lake Pepin, thence down the said main channel, as prescribed in said act. () SEC. 3. And be it further enacted, That the assent of Congress is hereby Assent O f con- given to the resolutions adopted by said convention and appended to gr ess to resolu- said constitution, and the acts of Congress referred to in said resolutions tions of conven- are hereby amended so that the lands thereby granted and the proceeds tion t re ^ ti ^/j t j > thereof, and the five per centum of the net proceeds of the public lands, fJJJ 1 f h may be held and disposed of by said State, in the manner and for the cent fund, purposes recommended by said convention : (ft) Provided, however, That Proviso, the liabilities incurred by the Territorial government of Wisconsin, under the act entitled "An act to grant a quantity of land to the Territory of Wisconsin, for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock River," shall be paid and discharged by said State : (c) And provided, further, That the even-num- Price of public hered sections along the route of said proposed canal sliall be brought lands. into market, and sold at the same minimum price, and subject to the same rights of preemption to all the settlers thereon, at the passage of this act, as other public lands of the United States, (d) SEC. 4. And be it further enacted, That it is made and declared to be a Assent to a cci- fundamental condition of the admission of said State of Wisconsin into required as aconl the Union, that the constitution adopted at Madison, on the sixteenth dition of admis" day of December, in the year one thousand eight hundred and forty-six, sion. shall be assented to by the qualified electors, in the manner and at the times prescribed in the ninth section of the twentieth article of said constitution. And as soon as such assent shall be given, the President President to of the United States shall announce the same by proclamation ; and "?^ e therefrom, and without any further proceedings on the part of Congress, the admission of said State of Wisconsin into the Union, on an equal 264 WISCONSIN. faceting iu all respects whatever with the original States, shall be con- sidered as complete. (a) See Xos. 378, 394, 487, 491, 498, 499, 597, 600, 602, 603, 606, 608, 613, 622, 624, 629. (b) See Nos. 009, 6i9. 622, 629, 634, 640, 661. (c)SeeXos. (i 0,629,' 661. id) See Nos. 3c9. 599, 601, 610, 616, 627, 629, 630, 635, 644, 649, 650, 654. 656, 659, 663, 667, 679, 680, 6*<>. 2> And 1)C jt f ur1her e a ctc, GUI, 010, 616, 626, 629. 630, (i35, G44, 649. 650, Gf,4, .">), (559, 663, (567, 679. (J(?'i, 686, 694. to) Sr<> Xos. 421, 518, 577, 620, C33, 688. Register and (: fo. (,-2S. AX ACT for the relief of the citizens of Beetown, in the Territory of March 3, 1847. Wisconsin. Vol. 9, p. 692. Ik it enacted, cfc., That the citizens of the town of Beetown. in the Citizens of Bee- Territory of Wisconsin, shall be entitled to enter, at the proper land own authorized office, the northeast quarter, and the northeast quarter of the southeast quarter, of section thirty, in township number four north, in range four west, in said Territory, at the minimum price, for the use and ben- efit of the occupants thereof, according to their respective interests : Provided, That such entry may he made in the name of the corporate En authorities of said town ; and if said town shall not be incorporated, m! in the name of the district judge of the district in which such town is situated, in trust for the use and benefit of the citizens of said town, the execution of which trust as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such rules and regulations as may be prescribed by the legislature of the Territory or State of Wisconsin'. now 629. AX ACT for the admission of the State of Wisconsin into the Union. May 2 g 1948. Whereas the people of the Territory of Wisconsin did, on the first VoL 9 ' P- 833 '- iv of February, eighteen hundred and forty-eight, by a convention Preamble. delegates, called and assembled for that purpose, form for themselves constitution and State government, which said constitution is repub- can,aml said convention having asked the admission of said Territory it.o the Union as a State, on an equal footing with the original States : Be it exacted, proved August sixth, eighteen hundred and forty-six, entitled "An t to enable the people of Wisconsin Territory to form a constitution ad State government, and for the admission of such State into the In ion." (a) SEC. 2. And be it further enacted, That the assent of .Congress is Assent of Con- jreby given to the lirst, second, fourth and fifth resolutions adopted gress given to ~ said convention, and appended to said constitution ; and the acts of certain resolu- 266 WISCONSIN. tiona i of the cop- Congress referred to in the said resolutions are hereby amended, so that vention of said tne i an d 8 granted by the provisions of the several acts referred to in forming a consti- tno 8aid first and fourth resolutions, and the proceeds of said lands, tntion, ami cer- and the five per centum of the net proceeds of the public lands therein- tain acts of Con- mentioned, shall be held and disposed of by said State, in the man- fp^!^^^" ner aud for tne Purposes recommended by said convention (&) ; and so *<" e l " that, also, the lands reserved to the United States by the provisions of the act entitled "An act to grant a quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by a canal in the Territory of Wisconsin ; " (e) and, also, the even numbered sections reserved by the provisions of the act entitled "An act to grant a quantity of land to the Territory of Wisconsin, for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock River," (d) shall be offered for sale at the same minimum price, and subject to the same rights of preemption, as Proviso .la to other public lands of the United States : (e) Provided, however, That no pre-emption person shall be entitled to a preemption by reason of the settlement and cultivation of any quarter-section or other subdivision of said even- numbered sections, which tract, before the commencement of such set- tlement, shall have been claimed by any other person cultivating and improving the same in good faith, and which shall have continued to be claimed, cultivated, and improved in like good faith by such person, his representatives or assigns, until the sale of said tract, and of which said prior claim, cultivation, and improvement, the person so claiming pre-emption shall have had notice at the time of his entry and settle- ment ; neither shall any preemption be allowed to any tract, to the injury of any person, or of the representatives or assigns of any person, claiming and occupying the same or any part thereof in good faith, in his or her right, at the passage of this act, and owning valuable culti- vation or improvements thereon, which cultivation or improvements shall have been assigned by the person so claiming preemption, or, if comrrenced subsequently to the entry and settlement of such person, shall have been made with his consent or acquiescence. And provided Certain \ia\)\\i- further, That the liabilities incurred by the Territorial government of ^ft 10 ^ M8U P 1 ' 'Wisconsin, under the act entitled "An act to grant a quantity of land sin ' to the Territory of Wisconsin, for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock River," hereinbefore referred to, shall be paid and discharged by the State of Wisconsin. Purchasers of SEC. 3. And be it further enacted, That the purchasers of any tract of certain tracts at the said even-numbered sections mentioned in the preceding section, recefre certifU ant * 8old since tte reservation thereof at the minimum price of two dol- cates of thelars and fifty cents per acre, shall be entitled to receive from the Com- amountof excess missioner of the General Land Office a certificate of the quantity of paid over *i-25 land so purchased, and of the amount of the excess paid therefor over shal^be^eceived and aDove tne value of said land, at the rate of one dollar and twenty- inpayment of the five cents per acre; which certificate, to the amount of such excess, public lands of shall be receivable from the holder thereof, or his assigns, in like man- theTJnitedStates. ner as so much money, in payment of the public lands of the United States. That, in the event of the death of any such purchaser before the issuing of such certificate, the same shall be issued in favor of the lawful representatives of such purchaser. (a) See Xos. 378, 394, 487, 491, 498, 499, 597, 600, 602, 603, 606, 60S, (513, 623, 624, 626. (6) See Xos. 609, 619, 622,' 6-26, 634, 640, 661. (c) See Xos. 623, 631, 639, 643, 650, 671. (d) See Xos. 610. 626, 661. (e) See Xos. 389,' 599, 601, 610. 616, 626, 627, 630, 635, 644, 649, 650, 654, 656. 659, 663, fr 680.686,694. !. 63O. AX ACT for changing the location of the land office in the Cbippewa land Marcii a, U4J. district, and establishing an additional land district in the State of Wisconsin. V Ol. H, p. oOi. fti- it enacted, i'-c., That from and after the thirtieth June next, the Faift st rroi? laml office for the 8ale of the P ublic lands in the Chippewa land district Wisconsin to be shall be removed from the Falls of St. Croix, to Stillwater, in the county removed t<> still- o f St. Croix, in the proposed Territory of Minesota; and sales of the water. public lands in said district shall thereafter be held at Stillwater, in the county aforesaid. and WISCONSIN. 267 SEC. -2. And be it further enacted, That for the sale of the public lands Additional land the Territory (a) of WiscoDsin, an additional land office and laud dis- t are hereby created, comprising all the lands not included within districts of land subject to sale at Green Bay, Milwaukee, or Min- al Point, which shall be called the western land district. (&) SEC. 3. And be it further enacted, That the President be, and he is Register a reby, authorized to appoint, by and with the advice and consent of "^JJ5 ed *th he Senate, a register and a receiver of the public moneys for the said pj er8| duties, district, who shall respectively be required to reside at the siteof said office, and compensa- d who shall have the same powers, perform the same duties, and be tions. tilled to the same compensation as are, or may be, prescribed by law relation to other laud officers of the United States. SEC. 4. And be it farther enacted, That the President is authorized to Lands in said cause the public lauds in the said district, with the exemption of sec- district to be ex- tions numbered sixteen, in each township, reserved for the use of schools, p06 or such other lauds as may be selected by law in lieu thereof, and of such other tracts as he may select for military or other purposes, to be exposed to sale in the same manner, and upon the same terms and con- ditions, as the other public lands of the United States. () SEC. 5. And be it further enacted, That the President is hereby author- President to ized to designate the site at which the said office shall be established, designate the site and to remove the same to any other place within said district, when- ever, in his opinion, it may be deemed expedient. (a) See No. 632. (6) See Nos. 389, 599, 601, 627, 636, 642, 647, 663. (c) See Nos. 389, 599, 601, 610, 6lfi, 626, 627, 629, 635, 644, 649, 650, 654, 656, 659, 663, 667, 679 680, 6f 6, 694. - o. 631 .AN ACT in i*elation to the Fox and Wisconsin river reservation, in the March 2, 1849. State of Wisconsin. Vol. 9, p. 352. Me it enacted, cf-c., That all land entries made in the Green Bay land Certain entries district, in the State of Wisconsin, upon the odd-numbered sections of of laud in the the Fox and Wisconsin river reservation, in said State, subsequent to dislrj^^ontir the passage of an act entitled " An act to grant a certain quantity of e{ \ laud to aid in the improvement of the Fox and Wisconsin rivers, aud connect the same by canal, in the Territory of Wisconsin," approved on the eighth day of August, eighteen hundred and forty- six, be, and the same are hereby, declared to be good and valid as though said act had not been passed : Provided, nevertheless, That the governor of said State Proviso, is hereby authorized to select the same quantity of other lands in lieu thereof ; subject, however, to the approval 01 the President of the United States, (o) SEC. 2. And be it further enacted, That all similar entries made upon Certain other the even-numbered sections of said reservations be also declared to be entries confirm- as good and valid as though said resc rvation had not been made. (a) See Nos. 623, 629, 639, 643, 650, 671. i! b*2. A RESOLUTION to nx the meaning of tbc second section of an act for March 3, 1849. changing the location of the land office in the Chippewa land district, and establish- Vol. 9 p. 420. ing an additional land district in the State of Wisconsin. Hesolved, cj-o., That the word " Territory," in the second section of the The word act entitled " An act for changing the location of the land office in the " Territory," in Chippewa land district, and establishing an additional laud districtin the the *}. her e ^ n State of Wisconsin," approved at the present session of Congress, be construed so as to construed to be and mean " State." (a) mean " State'.' (a) See No. 630. 633. AN ACT to reduce the minimum price of the mineral lands in the Lake Sept 6, 1850.. Superior district in Michigan, and in the Cbippewa district in Wisconsin. Vol. 9, p. 472. MICHIGAN, No. 518.] 268 WISCONSIN. Mav 4, 185-2. No. 634. AX ACT to extend the time for selecting lands granted to the State of VoL 10, p. 5. Wisconsin for saline purposes. Time for se- Be it en acted, tfc., That the time for selecting lands for saline purposes, lecting Wiscon- granted to the State of Wisconsin by virtue of the fourth subdivision of 8in ^t H DdS tne sevt* 11 * 11 section of an act entitled "An act to enable the people of t t l 1854 a Wisconsin Territory to form a constitution and State government, and for the admission of such State into the Union," approved the sixth day of August, in the year eighteen hundred and forty-six, be, and the same is hereby extended to the first day of January, in the year eighteen hun- dred and fifty-four ; and the laud so selected previous to the day last mentioned, shall be granted to said State for the same purposes, on the same conditions, and with like effect, as if the same had been selected and confirmed within the time limited by the act above mentioned, (a) (a) See Kos. 62-2, 626, 629, 640. Ma^' 27, 1852. No. 635. AX ACT to grant to certain settlers on the Menonionee purchase, north Vol. 10, p. 7. of Fox River, iu the State of Wisconsin, the right of preemption. Pre-emption Be it enacted, w land district, to be called the La Crosse laud district, and for the Provision for a of the public lands within the district hereby constituted, a land land office at La ice shall be established at La Croese, on the Mississippi River, as soon CI the public conveniences may require it. SEC. 3. And be it further enacted, That the President is hereby author- Said land offices ized to cause the removal of either of the offices created by this act, to may be removed any other place within said district, whenever, in his opinion, snch bv tue Presi(lent - removal may be deemed expedient. SEC. 4. And be it further enacted, That the President be, and he is hereby Provision for athorized to appoint, by and with the advice and consent of the Senate', ^e appointment register-and a receiver of public moneys for each of the said districts, * i(1 Districts. ' > shall respectively be required to reside at the site of said office, who shall have the same powers, perform the same duties, and be ititled to the same compensation as are or may be prescribed by law relation to other land officers of the United States. And in case it 11 be found necessary or expedient to establish said districts, or either . them, during the recess of Congress, the President shall be, and he hereby authorized to appoint the necessary officers during such recess, id until the end of the next session of Congress : Provided, however. Act, when to it this act shall not go into effect until at least six months after its take effect - SEC. 5. And be it further enacted, That the Commissioner of the Gen- Books, &c., to ral Land Office shall cause to be transferred to the land offices hereby be transferred to seated, all such books, maps, records, field-notes, and plats, or tran- O ftf ces liew - sripts thereof, relating to the surveys and entries of the public lands in the districts hereby created, as may be necessary for the sale of the mblic lands, in compliance with the provisions of this act. (a) (a) See Nos. 389, 599, 601, 627, 630, 642, 647, 663. No. 637 .AN ACT for the relief of John W. Quinney, a Stockbridge Indian. Jan. 27, 1853. Be it enacted, $-c., That in lieu of all the rights of John W. Quinney the lands and annuities of the Stockbridge tribe of Indians, and in Payment to be annuities, money, or land to which said Indians now are or may ^ Ouinnev out sreafter be entitled under existing treaties, there sho.ll be paid to the O f ' moneys due kid John W. Quinney, out of the moneys now due and payable to thd t he Stock- tid Stockbridge tribe of Indians, the sum of one thousand dollars, or bridges, much more or less than that sum as shall be declared to be just and oper by the chiefs and head men of said Stockbridge tribe ; and there hall also be granted to the said John W. Quinney, in fee-simple, and to A parcel of iis heirs and assigns forever, the tract or parcel of land now in the pos- ^ ntl S ranted to -sssion and occupancy of the said John W. Quinney, in Stockbridge, in ' le State of Wisconsin, and bounded and described as follows, to wit: ninded on the north by lot number thirty-three, recommended to be ttented to Mr. Dinslow, in the Stockbridge treaty of November twenty- mrth, eighteen hundred and forty-eight, and the United States lot mmbered seventy-four; south by lots numbered thirty-seven and jventy, recommended to be patented to Mr. John Dick ; east by the lilitary road (so called) passing through the town of Stockbridge, and est by the Winnebago Lake containing three hundred and sixty jres of land, more or less ; and it shall be the duty of the Commissioner of the General Land Office to cause the said piece of land to be surveyed, and to issue to the said John W. Quinney a patent therefor, in accord- ance with such survey. No. 638. AN ACT to confirm to Hercnles L. Dousman his title to farm-lot number Feb 23 1854 thirty-two, adjoining the town of Prairie du Chien, in the State of Wisconsin. Vol. 10, p. 774. Be it enacted, $c., That the title of Hercules L. Dousman to farm-lot Hercules~L. number thirty-two, adjoining the town of Prairie du Chien, in the State Dousman'a farm- of Wisconsin, supposed to contain one hundred and thirty acres, more lot confirmed. or less, be, and the same is hereby, confirmed, and that a patent shall issue therefor, as in other cases : Provided, That this is only to operate Proviso . oper- as a relinquishment on the part of the United Stares of her title to said ationsof this act, laml. (a) (a) See Xos. 4fi4, 4fi<;, 5!)r>, 596, 645, 646, 652, 655, 670, 690. 270 WISCONSIN. Augusts, 1854. No. 639. AX ACT to authorize the State of Wisconsin to select the residue of the Vol. 18, p. 345. lands to which she is entitled under the act of eighth of August, eighteen hundred and forty-six, for the improvement of the Fox and Wisconsin rivers. Selection of the Be it enacted, #c., That the governor of the State of Wisconsin is balance of land hereby authorized to cause to be selected the balance of the land to granted by act of wn i cn that State is entitled under the provisions of the act of the eighth of August, eighteen hundred and forty -six, granting land to aid the Ter- ritory of Wisconsin in the improvement of the Fox and Wisconsin rivers, and to connect the same by a canal, out of any of the unsold public lands in said State, subject to private entry at one dollar and twenty-five cents per acre, and not claimed by preemption ; the quan- tity to be ascertained upon the principles which governed the final ad- justment of the grant to the State of Indiana for the Wabash and Erie Canal, under the provisions of the act of Congress approved the ninth of May, eighteen hundred and forty-eight, (a) (a) See Nos. 623, 629, 631, 643, 650, 671. Dec. 15, 1-54. ^o. 640. AN ACT to relinquish to the State of Wisconsin the lands reserved for Vol. 10, p. 597. salt springs therein . Seventy -t wo ^ e it enacted, $<:., That in lieu of the "twelve salt springs, with sir sections may be sections of land adjoining to each," heretofore granted to the State of selected in lieu Wisconsin for its use by the fourth clause of the seventh section of the b v aet'of f e?6 act entitJed "An act to enable the people of Wisconsin Territory to form a constitution and State government, and for the admission of such State into the Union," approved the sixth day of August, in the year eighteen hundred and fort -six there be and hereby is granted to the said State of Wisconsin, (a, to be selected by the legislature of said State out of any public land subject to private entry, and to be sold in such manner as the legislature may direct, for the benefit and in aid of the uni- versity of said State, and for no other purpose whatever, seventy-two sections of laud: Provided, That any selections of land heretofore made under the act entitled "An act to extend the time for selecting land granted to the State of Wisconsin for saline purposes," approved the fourth day of May, eighteen hundred and fifty-two, and which shall not have been sold by the Unite 1 States, and is not legally claimed by pre- emption, or otherwise, shall be, and hereby are granted and confirmed to said State for the use of the university of said State, as a part of the seventy -two sections hereby granted. (6) (a) See Xos. 622, 626, 629, 634. (b) See Xos. 609, 622, 626, 629. Dec. 19, 1854. jvo. 641. AX ACT to provide for the extinguishment of the title of the Chippewa Vol. 10, p. 598. Indians to the lands, owned and claimed by them in the Ten itory of Minnesota, and State of Wisconsin, and for their domestication and civilization. [.See MINNESOTA, No. 1846.] Feb. 24, 1855. No. 642 __ AX ACT to establish an additional land district in the State of Wis- VoL 10, p. 615. consin. Food du Lac Be it enacted, i IJ - is hereby, 'created a "land district, to be called the Fond du Lac district; the office for which shall be located at such place therein as the Presi- dent may, from time to time, direct. IU.-gi.ster and SEC. 2. And be it further enacted, That there shall be appointed by the receiver. President, by and with the advice and consent of the Senate, a register and a receiver for said district, who shall respectively be required to reside at the site of the office, be subject to the same laws, and entitled to the same compensation, as is, or may hereafter be, prescribed by law in relation to other land offices of the United States. le.s to con- g E c 3. And be it further enacted, That the sales shall continue at the tinue in old dis- willow River district till the land officers for that district are notified i* in operation that the officers for the district created by this act are prepared to enter saiariesof land on their duties; and in all cases hereafter the salaries of laud officers shall commence only from the time they enter on the discharge of their duties, (a) (a)See Xos. 389, 599, 601, 627, 630, 636, 647. 663. WISCONSIN. 271 >. 643. A RESOLUTION explanatory of an act passed August third, eighteen March 3, 1855. hundred and fifty-four. Vol. 10, p. 724. Boohed, $c., That it was the intention of the act of Congress, ap- Constructionof A roved August third, eighteen hundred and fifty-four, and the same act of 1854, res_ shall be construed, to give to Wisconsin, in aid of the improvement of p the navigation of the Fox and Wisconsin rivers, a quantity of land, equal mile for mile of its improvement to that granted to Indiana, under the provisions of the act of Congress approved May the ninth, eighteen "lundred and forty-eight. () (a) See Nos. 623, 629, 631. 639, 650, 671. 644. AN ACT granting public lands to the State of Wisconsin to aid in the June 3, 1856. construction of railroads iu said State. Vol. n, p. 26. Be it enacted, approved February twenty-one, eighteen hundred and confirmed. twenty-three, entitled "An act to revive and continue in force certain acts for the adjustment of land claims in the Territory of Michigan/' and which is described as follows : commencing at low water-mark on Fox River, and running west eighty arpents, and bounded on the north by a certain tract occupied by the United States garrison, west by wild lands, south by a tract of laud claimed by John Baptiste Longevine, senior, and east by Fox River, being five arpeuts in breadth, more or less, be, and the same is hereby confirmed to the said Talbot C. Dous- man ; and that the Commissioner of the General Land Office cause the Survey. said tract of land to be surveyed in the same manner as other private claims to lands at Green Bay have been surveyed ; and that he be Patent. required to issue a patent thereon to and in the name of the said Talbot C. Dousman, as the assignee of the said James Vieaux, as in other cases, and according to the provisions of the fifth section of the .said act of eighteen hundred and twenty-three. () (a) See Nos. 4(14. 4fiii. .V.T.. .V.u;. G:, C45, 652. 655, 670, 690. March 3, 18*57. No. 64 * A'X ACT to establish an additional laud district in the Stateof Wisconsin Vol. 11, p. 185. g e i( etiact( , ( j t j. ( . ( -phat so much of the districts of lands now subject Chippewa land to sale at La Crosse and Hudson, in the State of Wisconsin, as are con- district consti- taiued within the following boundaries, shall constitute a new land district, to be called the Chippewa district, to wit : north of the line dividing townships twenty-four and twenty- five north ; south of the line dividing townships forty and forty-one north ; west of the line tne ing WISCONSIN. 273 I vidiug ranges one and two east, and east of the line dividing ranges ven and twelve west; the location of the office for which shall be signaled by the President of the United States, and shall by him m time to time be changed as the public interest may seem to require. SEC. 2. And be it further enacted, That there shall be appointed by the Officers there- President, by and with the advice and consent of the Senate, or during of - the recess thereof and until the end of its next session after such appointment, a register and receiver for said district, who shall respec- tively be required to reside at the site of the office, be subject to the same laws, and entitled to the same compensation as is or may hereafter be prescribed by law in relation to other land officers of the United States. SEC. 3. And be it further enacted, That the sales shall continue at the Sales to con- old land offices at La Crosse and Hudson till the registers and receivers tinue at old offi- thereat are notified that the officers for the district created by this act ce8 ttu ' &c> prepared to enter on their duties. SEC. 4. And be it further enacted, That to meet the expenses of carry- Appropriation. g this act icto effect, the sum of five thousand dollars, or as much thereof as may be necessary, is hereby appropriated for salaries, com- missions and incidental expenses of the offices of the register and re- ceiver, to be expended under the direction of the Commissioner of the General Land Office, (a) (a) See Nos. 389, 599, 601, 627, 630, 636, 642, 663. 648. AN ACT to confirm to Charles Waterman his title to certain lots in Mil- March 3 1857 waukte, Wisconsin. Vol. 11. p. 515. Be it enacted, #c., That the title of Charles Waterman to lots numbered Land title in one and two, in block numbered ninety-eight, in the third ward of the Milwaukee, con- city of Milwaukee, in the State of Wisconsin, extending to Lake Michi- firmed to Charles gan, formerly occupied by the United States light-house keeper, be and Wa terman. the same is hereby confirmed, and that a patent shall issue therefor as in other cases : Provided, That this confirmation shall only operate as a Act to operate relinquishment of title on the part of the United States, and shall in no only as a reliu- way affect the rights of third parties. quishment. 649. AN ACT for the relief of Isaac Drew and other settlers upon the public May 24, 1858. lands in the State of Wisconsin. ! Vol. 11, p. 293. Be it enacted, $-0., That Isaac Drew, and such other persons as may Settlers, &c have settled, in good faith, in the State of Wisconsin, since the first day sj^ce Julyl,l850, of July, eighteen hundred and fifty, upon any portion of the lands that selected byStat/ were erroneously selected by said State as a part of the five hundred entitled to pre- thousand acre grant, which selections were not confirmed, and who were emption. at that date, or since that time have become, an actual settler and house- keeper, and made improvements on any tract embraced among said erro- neous selections, are hereby entitled to the same right of preemption, and upon the same terms and conditions, as are prescribed by an act entitled "An act to appropriate the proceeds of the sales of the public lands an< I grant preemption rights," approved September fourteenth, [fourth,] eighteen hundred and forty-one : Provided, such lands shall be paid for Proviso by such settlers at the minimum price. SEC. 2. And be it further enacted, That where persons have erroneously Persons who entered any of the lands named in the first section of this act, and shall have wrongly en- satisfactorily show to the register and receiver that, prior to, or within ter _ed, &c and three months after, the passage of this act, they have made an actual SwSmSJ* 1 settlement on the lands mentioned in the first section, the Commissioner of the General Land Office is hereby authorized to issue patents there- for : Provided, That it shall be satisfactorily made to appear to him that Proviso, the entry of the tract or tracts sought to be patented does not interfere with the rights or occupancy of any actual settler, (a) (a) Seo Nos. 389, 599, 601, 610, 616, 626, 627, 629, C30, 635, 644, 650, 654, 656, 659, 663, 667, 679, 680, 68(5, 694. 18 L O VOL. II 274 WISCONSIN. June 9, 1858. No. 650. AX ACT for the relief of certain settlers on the public lands in the State Vol. 11. p. 313. of Wisconsin. Certain selec- Be ** enacted, $c., That so much of the even- numbered sections of land tlons of land un- selected by the State of Wisconsin in the mouth of June, in the year der act of 1846 eighteen hundred and forty-nine, to satisfy the quantity of land dne confirmed to gai(1 g ate unc i er the act of Congress of August eighth, eighteen hundred and forty- six, granting land in aid of the improvement of the Fox and Wisconsin rivers, as have been sold, or contracted to be sold, by said State or its assigns, under the laws thereof, are hereby confirmed to said State, as parts of said grant, and the title of the purchasers declared to be valid as though the said selections had been made in conformity with law : Provided, That nothing contained in this act shall be construed to increase the quantity of land to which the Stare is entitled under the Further pro- grant aforesaid : And provided further, That a schedule, duly certify [cer- tified] by the governor, of the lands sold and contracted for to be sold, prior to the passage of this act, shall be filed in the General Land Office within six months from the date of this act. (a) Certain per- SEC. 2. And be it further enacted, That every person being the head sons entitled to o f a family, widow, or single man over the age of twenty-one years, who, einption. on the e i event h d ay o f June, in the year eighteen hundred and forty- nine, was, or since that time has become, an actual settler and house- keeper, and has made other improvements on any tract embraced in said even-numbered section selection, which the State of Wisconsin or its assigns has not sold or contracted to sell, is hereby entitled to the same right of preemption, and upon the same terms and conditions, as )'s prescribed by an act entitled "An act to appropriate the proceeds of the Proviso. gales of the public lands and to grant preemption rights," approved September fourth, in the year eighteen hundred and forty-one : Provided, That this act shall not be construed to convey to Wisconsin any parts or portions of said even-numbered section selections which said State or its assigns have not actually sold or contracted to sell, and the title to which is not confirmed by the first section of this act. (&) (a) See Xos. 623, 629, 631, 639, 643, 671. (&) See Nos. 389, 599, 601, 610, 616, 626, 627, fi29, 630, 635, 644, 649, 654, 656, 059, 663, 667, 679, 680, 686, 694. June 1, 1860. No. 651. AX ACT authorizing the li Domestic and Foreign Missionary Society of Vol. 12, p. 22. the Protestant Episcopal Chxirch in the United States " to enter a certain tract of land in the State of Wisconsin. The ' Mission g it enacted, t y r>? That the "Domestic and Foreign Missionary Society entered at $1.25 "*' the Protestant Episcopal Church in the United States" be, and is per acre. hereby, authorized to enter, at the rate of one dollar and twenty-five ct j nts per acre, a cei tain tract of land known as the ''Mission Farm," jind numbered as lot number eighteen, on the east bank of Fox Kiver, i: ar Green Bay, State of Wisconsin, having a front on Fox River of six c-Lains, and running eaLtwardly back from the river, between parallel IILCS, one hundred and fk'ty-ionr and sixty-nine hundredths chains, and containing ninety-two and eighty-one hundredths superficial acres. June 13, 1860. No. 652. AX ACT for the relief of Francis La von ture and Pierre Grignon. Vol. 12, p. 857. j> it nac t e (i t 4c , That the titles to certain tracts of land at Green Land titles of Bay. Wisconsin, confirmed to Francis Lavouture and Pierre Grignon by Francis Lavon- tb- commissioners appointed under the act of Congress, approved Feb- ture and Pierre rnnry twenty-one, eighteen hundred and twenty-three, entitled "An act - t(> , t : v j ve an d continue in force certain acts for the adjustment of land ebiitns in the Territory of Michigan," and which are described as fol- lows: To Francis Lavouture, "commencing at low-water mark <;:i Fox Kner, and running west eighty arpens, or so far as to make said claim contain six hundred and forty acres, (as confirmed by said commission- ers,) and bounded on the south by a certain tract occupied by the United States garrison, west and north by wild or uncultivated lands, and east by Fox River, being sixteen arpens in breadth ;" and to Pierre Grignon for a piece or parcel of ground lying and being on the west side of Fox River, Green Bay, immediately below the first creek that empties into said river, about fifteen acres in fronton the said river, and extending back indefinitely, be, and the same are hereby, ratified and confirmed ; and that the, Commissioner of the General Land Office cause the said tracts of land to he surveyed in the same manner as other private claims WISCONSIN. 275 to lands in Green Bay have been surveyed ; and that he be required to issue patents thereon to and in the names of the aforesaid Francis Lavonture and Pierre Grignon, respectively, subject to such legal trans- fers or assignments as may have been made by them, or either of them, or their heirs or legal representatives, at any time subsequent to the confirmation to them, respectively, by the said Commissioner, accord- ing to the fifth section of the said act of eighteen hundred and twenty- three, (a) (a) See Nos. 464, 466, 595, 596, 638, 645, 646, 655, 670, 690. TVo. 653. AN ACT for the relief of Sylvester Gray. June 22, 1860. Be it enacted, #c., That the claim of Sylvester Gray, a free man of color, YoL 12 ' p ' 869 ' made under the preemption act of September fourth, eighteen hundred Land claim of and forty-one, to the northwest quarter of section fourteen, in township Sylvester Gray forty-eight, of range thirteen, of the lands of the United States subject allowefl - to sale at the land office at Superior, Wisconsin, be, and the same is hereby confirmed ; and upon completion of such claim, by payment of the purchase-money, or the location of a bounty-land warrant, the Sec- retary of the Interior shall cause to be issued to the said Sylvester Gray, a patent for the said land, as in other cases. No. 654. A RESOLUTION explanatory of and in addition to the act of June third, April 25, 1862. eighteen hundred and fifty-six, granting public lands to the State of Wisconsin to Vol. 12, p. 618. aid in the construction of railroads in said State. Resolved, f railroad, how even sections of public land that may be brought within six miles of to the new line of railroad, as herein provided for, to bo sold at the same price and in the same manner as those have been upon the originally located route of railroad. And all purchasers, or their heirs or assigns, within the six-mile limits of the said originally located route, who shall be more than six miles from the new line of route herein authorized, and who have paid the sum of two dollars and fifty cents an acre, shall have the right either to exchange their locations upon thu line as first 276 WISCONSIN. established to the new line, upon the same terms, in like quantities, and in the same manner, as on the line first established as aforesaid, or[ at their option, to enter without, further payment, anywhere within the Menasha land district, in the State of Wisconsin, an additional quantity of public lands subject to private entry at one dollar and twenty-five cents an acre equal to the quantity entered by them at two dollars and fifty cents an acre, so that the lands originally entered by them shall thus be reduced to the rate of one dollar and twenty-five cents an acre. Even sections SEC. 4. And be it further resolved, That the even sections of public of land, price of. lands reserved to the United States by the aforesaid act of June third, eighteen hundred and fifty-six, along the originally located route of railroad north of the said town of Appleton, and along which no rail- road has been constructed, shall hereafter be sold at one dollar and twenty-five cents an acre, (c) (a) See Xos. 544, 644, 658, 659, 662, 666, 672, 675, 676, 661, 685, 689. 692, 695. (6) See Xos. 656, 667. (c) See Xos. 389, 599, 601, 610, 616, 626, 627, 629, 630, 635, 644, 649, 650, 656, 659, 663, f , 680, 686, 694. July 11, 1862. NO. 655. AN ACT to grant the right of preemption to settlers on certain lot^ in VoL 12, p. 530^ Wisconsin . Survey to be Be it enacted, -c., That the Commissioner of the General Land Ofnee Ttf 6 f f LuS^ k. e au(i ne is hereby, directed to cause survey to be made of that por- Wteconsin. m ^ on ^ ^ ots numuere( l ten and eleven, lying east of the river AuDiabie, in township twenty-three north, of range twenty-one east, in the State of Wisconsin, and which portion was not embraced by the confirmatory provisions of the act of Congress approved February twenty-one: eighteen hundred and twenty-three, entitled "An act to revive and con- tinue in force certain acts for the adjustment of laud claims in the Ter- ritory of Michigan." (a) (a) See Nos. 464, 466, 595, 596, 598, 607, 638, 645, 646, 652, 656, 668, 670, 690. March 3, 1863. Ho. 656. AX ACT to provide for the disposal of certain lands therein named. \ ol. 12. p. . ,1. i^ - (t enacte( i^ t j>. Cij That the Commissioner of the General Laud Office Fort Howard shall, as soon as may be, cause that portion of the public domain known military reserve as the Fort Howard military reserve, including the site ol the fort, cou- and^sub&v1ae^i taiDiu S tnree acres and four-hundredths of au acre, which is situated into lots. i the county of Brown and State of Wisconsin, between Fox River and Beaver Dam Ran, and which is not included in the confirmations to Talbot C. Dousmau and Daniel Whitney, nor in the grant to the State of Wisconsin under the resolution of Congress approved April twenty- fifth, eighteen hundred and sixty-two, entitled '*A resolution explana- tory of, and in addition to, the act of June third, eighteen hundred and fifty -six, granting public lands to the State of Wisconsin to aid in the construction of railroads in said State," as heretofore surveyed uuder the direction of the surveyor-general of Wisconsin and Iowa, () to be surveyed and subdivided into lots of such form and of such size, not less than one-fourth of an acre, and not more than forty acres, as he may deem expedient, dedicating such portions of the same to the use of the Streets. public for streets and highways as he may think the public interest and Plats to be cer- convenience may require ; and shall cause a plat thereof to be duly and titied and record- properly certified by such surveyor-general, and recorded in the office of the register of deeds for said county of Brown, (b) and when so stir- Lots to be sold veyed, platted, and recorded, he shall cause each and all said lots to be separately at pub- gold separately at public auction, giving not less than two mouths' notice of the time and place of such sale by advertising the same in such newspapers and for such period of time as he may deem best. Every such lot shall be sold to the highest bidder for cash, and when not paid for within twenty-four hours from the time of purchase, it shall be lia- ble to be resold under the order of the Commissioner of the General Sale not bind- Land Office aforesaid, but no sale shall be binding until approved by the ing unless ap- Secretary of the Interior, (c) ^Patents. SEC - " 2 - And le lt further enacted, That it shall be the duty of the Presi- dent to cause patents to be issued indue form of law for each and every such lot as soon as may be after the purchase of and payment for the WISCONSIN. 277 SEC. 3. And &e it further enacted, That it shall also be the duty of the Portion of the mirnissioner of the Land Office to cause so much of the public domain j^Jiif f rt Fn^ i. . , , . . . -, -.-, ,-. T- ___ ._! -TW i_ *m toenc to Jtf or L jacent to said reserve as lies between said Beaver Dam Run and Duck Howard military sek to be resurveyed into lots, the lines of which shall conform as reserve to besur- *r as may be to the lines of the survey formerly made by Albert G. veyed into lots. His, and shall cause certified plats thereof to be returned as is provided 7 law in the case of other surveys of the public domain ; and he shall icreupon proceed to dispose of the same as other public lands are dis- And disposed sed of, saving to every person who upon the passage of this act may of - in possession of any part of said lands, a^id shall have made improve- Eights of per- lents thereon, as provided under the preemption laws of the United sons' in posses- States, the right to purchase any lots so improved, lying contiguous to each other, and not exceeding in the aggregate eighty acres, upon mak- iug proof of such possession and improvements, and paying for such lots the sum of one dollar and twenty-five cents per acre, within six months after public notice shall be given of the time and place for making such proof and payment. SEC. 4. And be it further enacted. That the Commissioner of the Gen- Military reserve eral Land Office shall cause the military reserve of Fort Crawford, in of FortCrawford the county of Crawford, in the same State, to be surveyed and disposed of in the manner prescribed in the first and second sections of this act for the disposition of the Fort Howard reserve. (a) See Nos. 654, 667. (b) See Nos. 598, 107, 655, 668. (c) See IS T os. 3ri9, 591), 601, 610, 616, 626, 627, 629, 630, 635, 644, 649, 650, 654, 659, 663, 667, 679, 680, 686, 694. 657. AN ACT granting lands to the States of Michigan and Wisconsin to aid March 3, 1863. in the construction of a " military road " from Fort Wilkins, Copper Harbor, Kewe- Vol. 12, p. 797. naw County, in the State of Michigan, to Fort Howard, Green Bay, in the State of Wisconsin. [See MICHIGAN, No. 537.] 658. AN ACT making a grant of lands to the State of Minnesota, to aid in the May 5, 1864. construction of the railroad from Saint Paul to Lake Superior. Vol. 13, p. 64. [See MINNESOTA, No. 1871.] fo. 659. AN ACT granting lands to aid in the construction of certain railroads May 5, 1864. in the State of Wisconsin. Vol. 13, p. 66. Be it enacted, $-c., That there be, and is hereby, granted to the State Land granted )f Wisconsin, for the purpose of aiding in the construction of a railroad to Wisconsin for " >m a point on the Saint Croix Eiver or Lake, between townships certain railroads, iwenty-five and thirty-one, to the west end of Lake Superior, and from From Saint )me point on the line of said railroad, to be selected by said State, to Croix River or lyfield, every alternate section of public land designated by odd num- Lake to Lake Su ' srs, for ten sections in width on each side of said road, deducting any pe id all lands that may have been granted to the State of Wisconsin for 16 same purpose, by the act of Congress of June three, eighteen hun- Ired and fifty -six, upon the same terms and conditions as are contained the act granting lands to the State of Wisconsin, to aid in the con- ruction of railroads in said State, approved June three, eighteen hun- Ired and fifty-six. But in case it shall appear that the United States ave, when the line or route of said road is definitely fixed, sold, re- Reserved or jrved, or otherwise disposed of, any sections or parts thereof, gran ted preempted lands. ~ aforesaid, or that the right of preemption or homestead has attached the same, then it shall be lawful for any agent or agents, to be ap- )inted by said company, to select, subject to the approval of the Secre- ry of the Interior, from the public lands of the United States nearest the tier of sections above specified, as much land in alternate sections parts of sections, as shall be equal to such lands as the United States lave sold or otherwise appropriated, or to which the right of preemp- tion or homestead haw attached as aforesaid, which lands (thus selected lieu of those sold, and to which preemption or- homestead right has ittached as aforesaid, together with sections and parts of sections des- ;nated by odd numbers as aforesaid, and appropriated as aforesaid,) lall be held by said State for the use and purpose aforesaid : Provided, Lands not to be the lands to be so located shall in no case be further than twenty located more than 278 WISCONSIN. twenty miles miles from the line of the said roads, nor shall such selection or location from the road. be made in lieu of lands received under the said grant of Jane three eighteen hundred and fifty-six, but such selection and location may be made for the benefit of said State, and for the purpose aforesaid, to supply any deficiency under the said grant of Juno third, eighteen hun- dred and fifty-six, should any such deficiency exist. Eoad from To- SEC. 2. And be it further enacted, That there be, and is hereby, granted mah to Saint to the State of Wisconsin, for the purpose of aiding in the construction of a railroad from the town of Tornah, in the county of Monroe, in said State, to the Saint Croix River or Lake, between townships twenty-five and thirty-one, every alternate section of public land designated by odd numbers for ten sections in width on each side of said road, deduct- ing any and all lauds that may have been granted to the State of Wiscon- sin 'for the same purpose, by the act of Congress granting lauds to said State to aid in the construction of certain railroads, approved June three, eighteen hundred and fifty-six, upon the same terms and condi- tions as are contained in the said act of June three, eighteen hundred and fifty -six. But in case it shall appear that the United States have, Reserved or when the line or route of said road is definitely fixed, sold, reserved, or preempted lands, otherwise disposed of any sections, or parts of sections, granted as afore- said, or that the right of preemption or homestead has attached to the same, then it shall be lawful for any agent or agents to be appointed by said State to select, subject to the approval of the Secretary of the Interior, from the public lands of the United States nearest to the tier of sections above specified, as much land, in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold, or otherwise appropriated, or to which the right of pre-emption or homestead has attached, as aforesaid, which lands (thus selected in lieu of those sold, and to which preemption or homestead right has attached as aforesaid, together with sections and parts of sections, designated by odd numbers as aforesaid, and appropriated as aforesaid) shall be held by said State for the use and purpose aforesaid : Provided, Lands not to That the lands to be so located shall in no case be further than twenty be located more miles from the line of the said road, nor shall such selection or location miles 1 from the k ma ^ e in lieu of lands received under the said grant of June three, road. eighteen hundred and fifty-six, but such selections and locations may be made for the benefit of said State, and for the purpose aforesaid, to supply any deficiency under the said grant of June three, eighteen hun- dred and fifty-six, should any such deficiency exist. Road from SEC. 3. And be it further enacted, That there be, and is hereby, granted Portage City or to the State of Wisconsin, for the purpose of aiding in the construction Bavfield &T of a railroad from Portage City, Berlin, Doty's Island, or Fon du Lac, as said State may determine, in a northwestern direction, to Bayfield, and thence to Superior, on Lake Superior, every alternate section of public land, designated by odd numbers, for ten sections in width on each side of said roa'l, upon the same terms and conditions as are con- tained in the act granting lauds to said State to aid in the construction of railroads in said State, approved June three, eighteen hundred and fifty-six. But in case it shall appear that the United States have, when Reserved and the line or route of said road is definitely fixed, sold, reserved, or other- preempted lands. w i se a isposed of any sections or parts thereof, granted as aforesaid, or that the right of preemption or homestead has attached to the same, that it shall be lawful for any agent or agents of said State, appointed by the governor thereof, to select, subject to the approval of the Secre- tary of the Interior, from the lands of the United States nearest to the tier of sections above specified, as much public land in alternate sec- tions, or parts of sections, as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the right of pre- emption or homestead has attached as aforesaid, which lands (thus selected in lieu of those sold and to which the right of preemption or homestead has attached as aforesaid, together with sections and parts of sections designated by odd numbers as aforesaid, and appropriated as aforesaid) shall be held by said State, or by the company to which she may transfer the same, for the use and purpose aforesaid : Provided, Limit and loca- Th?,t the lands to be so located shall in no case be further than twenty tion of lands. miles from the line of said road. () Minimum price SEC. 4. And be it further e nacted, That the sections and parts of sec- of remaining tions of lands which shall remain to the United States within ten miles lands> on each side of said roads shall not be sold for less than double the minimum price of the public lands when sold ; nor shall any of the WISCONSIN. 279 said reserved lands become subject to private entry until the same have been first; offered at public sale at tbe increased price. (&) GKC. 5. And be it further enacted, That the time fixed and limited for Time for com e completion of said roads in the act aforesaid of June three, eighteen pletion of former nndred and fifty-six, be and the same is hereby extended to a period ro five years from and after the passage of this act. SEC. 6. And be it further enacted, That any and all lands reserved to Lands formerly e United States by any act of Congress for the purpose of aiding in granted and min- y object of internal improvement, or in any manner for any purpose empted^om this hatsoever, and all mineral lands be and the same are hereby reserved act, except as to id excluded from the operation of this act, except so far as it may te right of way. und necessary to locate the route of such railroads through such re- rved lands, in which case the right of way only shall be granted, snb- t to the approval of the President of the United States. SEC. 7. And be it further enacted, That whenever the companies to Patents for the hich this grant is made, or to which the same maybe transferred, granted lands, all have completed twenty consecutive miles of any portion of said ^^ ai ilroads, supplied with all necessary drains, culverts, viaducts, cross- gs, sidings, bridges, turn-outs, watering-places, depots, equipments, rniture, and all other appurtenances of a first-class railroad, patents all issue conveying the right and title to said lands to the said com- ny entitled thereto, on each side of the road, so far as the same is pleted, and coterminous with said completed section, not exceeding e amount aforesaid, and patents shall in like manner issue as each twenty miles of said road is completed: Provided, hoivever, That no patents shall issue for any of said lands unless there shall be presented to the Secretary of the Interior a statement, verified on oath or affirma- tion by the president of said company, and certified by the governor of Certificate of the State of Wisconsin, that such twenty miles have been completed in the manner required by this act, and setting forth with certainty the points where such twenty miles begin and where the same end ; which oath shall be taken before a judge of a court of record of the United States. SEC. 8. And be it further enacted, That the said lands hereby granted Lands to be shall, when patented as provided in section seven of this act, be subject applied only to to the disposal of the companies respectively entitled thereto, for the- .Jife JJJJfg 086 purposes aforesaid, and no other, and the said railroads be, and shall Roads to be remain, public highways for the use of the Government of the United public highways States, free from all toll or other charge, for the transportation of auv for the use of the property or troops of the United States. SEC. 9. And be it further enacted, That if said road mentioned in the Roads, when third section aforesaid is not completed within ten years from the time f ^f P lands of the passage of this act, as provided herein, no further patents shall unsold to revert 1 i issued to said company for said lands, and no further sale shall be to the United ade, and the lands unsold shall revert to the United States, (a) States. (a) See Nos. 544, 644, 654, 658, 662, 666, 672, 675, 676, 681, 685, 689, 692, 695. (b) See Nos. 389, 599, 601, 610, 616, 626, 627, 629, 630, 635, 644, 649, 650, 654, 656, 663, 667, 679, 680, 6s6, 694. 660. -AN ACT granting lands to the State of Wisconsin to bnild a military June 25, 1864. road to Lake Superior. ' Vol. 13, p. 183. Be it enacted, $-c., That there be, and is hereby, granted to the State Lands granted )f Wisconsin, to aid in the construction of a military wagon-road from to "Wisconsin for ausaw, Marathon County, Wisconsin, following the Wisconsin River ?&* was n j far as Skonowang, and from thence, on the most feasible and direct >ute, to a point on the State line between the States of Wisconsin and tichigan,in a direction leading to Ontonagon,on Lake Superior, every Itemate section of public land, not mineral, designated by odd numbers, Mineral lands >r three sections in width on each side of said road. But' in case it shall not g ranted - ippear that the United States have, when the line or route of said road s definitely fixed, sold, reserved, or otherwise disposed of any section, sr any part thereof, granted as aforesaid, or that the right of preemp- tion or homestead settlement has attached to the same, then it shall be the duty of the Secretary of the Interior to set apart from the public Lands to be lands of the United States, as hereinbefore described, designated by odd S^* 6 * 1 iu ,! ieu 1 of numbers, as near to said even section aforesaid an may be, and the same disposed of. jhall be located within six miles of said road, so much land as shall be squal to such lands as the United States have sold or otherwise appro- mated, or to which the right of preemption or homestead settlement 280 WISCONSIN. has attached ; which lands, (thus selected in lieu of those sold, reserved, or otherwise appropriated, and to which the right of preiiinptiou or homestead settlement has attached as aforesaid) together with the sec- tions and parts of sections designated by odd numbers as aforesaid, and approved as aforesaid, shall be held by the State of Wisconsin for the Lauds, how to use and purpose aforesaid : Provided, That the lauds hereby grunted be applied. shall be exclusively applied in the construction of that road for and on account of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no Former grants other purpose whatever : Provided, further, That any and all lands here- not affected here- tofore reserved to the United States, or granted by any act of Congress, or in any other manner by competent authority, for the purpose of aid- ing in any object of internal improvement, or for any other purpose whatsoever, be, and the same are hereby, reserved and excluded from the operation of this act, except so far as it may be found necessary to locate the route of said road through such reserved lands, in which case the right of way only shall be granted. State legisla- SEC. 2. And be it further enacted. That the said lands hereby granted to ture to dispose of the said State shall be subject to the disposal of the legislature thereof, for the purposes aforesaid and no other; and the said road shall be, and Ko ad to be remain, a public highway for the use of the Government of the United highway, &.c. States, free from tolls or other charge upon the transportation of any property, troops, or mails of the United States. Lands, how SEC. 3. And be it further enacted, That the lands hereby granted to only to be dis- said State shall be disposed of only in the following manner that is to posed of. gay^ w hen the said governor shall certify to the Secretary of the Inte- rior that any ten consecutive miles of said road has been completed under the provisions of this act, and in accordance with the fourth section of this act, stating definitely where said completed section of road commences and where it terminates, it shall be the duty of the said Secretary to cause patents to issue to said State for three sections of land for each mile of road thus completed as aforesaid, and so on until Patents not to the whole of said road is completed : Provided, further, That no patent be granted nntil shall be given for any of the aforesaid lands before the completion of a e ?e ml coniDleted teu consecutive miles of road, or for any road, or for any part of any &e ' road, made before the passage of this act, or for any greater quantity than thirty sections for each ten miles completed according to the pro- visions of this act ; and if said road is not completed within five years, Lands to revert, no further sales shall be made, and the lands unsold shall revert to the if. &c. United States. Eoad.howtobe SEC. 4. And be it further enacted, That said military road shall be con- constructed, structed under the direction of such agents or commissioners as the governor of said State may appoint, and where it passes through tim- bered lands shall be chopped out a uniform width of at least six rods. The road-bed proper to be not less than thirty-two feet wide, and con- structed with ample ditches on both sides, "so as to afford sufficient drains, with good and substantial bridges and proper culverts and sluices where uecesssary. All stumps and roots to be thoroughly grubbed out between the ditches the entire length of said road ; the central portion of which to be sufficiently raised to afford a dry road- bed by means of drainage from the centre to the side ditches ; the hills to be levelled and valleys raised so as to make as easy a grade as prac- ticable, (a) (a) See Xos. 637, 657, 673, 678, 683. July 1, 1864. No. 661. A RESOLUTION for the relief of the State of Wisconsin. /Y-*o/w7, tfc., That the Secretary of the Department of the Interior Wisconsin to shall, in adjusting the amount due the State of Wisconsin, under exist - the Cba o Se ed Witl f in S la-vvs > as five P er centum of the nef ' proceeds of sales of the public Bales of Is nd lands within her limits, (a) estimate and charge against her the value granted to the of the one hundred and twenty-five thousand four hundred and thirty- Milwaukee and one and eighty two one-hundredths acres of land granted to the Terri- RockRiver canal. ^ O1 ^ o ^- Wisconsin, to aid in the construction of the Milwaukie and Rock River Canal which have been sold by said Territory or said State, atone dollar and twenty-five cents per acre, and as much more as the Territory and State received upon the same upon sales of any part thereof ,,t a To be credited higher price, and shall credit said State with the amount that has leen with what. legally and properly applied by said State or Territory towards t!.< WISCONSIN. 281 of selling said land and towards the construction of said canal. And the said Secretary shall also settle and allow to the Milwaukie and Rock Allowance to Hirer Canal Company such sums of money as have been properly ex- *J^ cana peudtd by said company in the survey and location of said canal, in the p construction thereof, as far as the same has been constructed, together with darns, locks, and slack- water navigation, and in the management and keeping the same in repair; and the same shall be paid to the said canal company out of any money in the Treasury not otherwise appro- priated, not exceeding hi amount, however, the balance charged against the Stare of Wisconsin upon the sales of said canal lands, as above re- quired, after deducting the sum allowed said State for money paid by her out of the same fund. The same to be received by said canal com- pany in full payment and satisfaction of all claims of said company against the State of Wisconsin and of the United States on account of said canal land-grant, or on account of any action of the Territory or State of Wisconsin, or of the United States, in relation thereto. (&) SEC. 2. And be it further resolved, That the Commissioner of the Gen- Commissioner eral Land Office be,* and he is hereby, appointed commissioner to adjust 5L Gen ^ ral the accounts herein provided for, under the supervision of the Secretary of the Interior, and to determine what sum shall be charged to said State of Wisconsin for the lands granted for the construction of said canal ; and what sums shall be credited, respectively, to said State and said company for the moneys expended by them in the construction of said locks and canal as herein provided. (a) See Xos. 622, 626, 629. (b) See Nos. 610, 626, 629. fo. 66'2. AX ACT to extend the time for the completion of certain railroads to March 3, 18(55. which laud grants have been made in the States of Michigan and Wisconsin. Vol. 13, p. 520. [Sec MICHIGAN, No. 544.] f<. 663. AN ACT to authorize the issuing of patents for certain lands in the town March 3 1865. of Stockbridge, State of Wisconsin, and for other purposes. Vol. 13, p. 53o! Be it enacted, r-u>t'3 Yol. 13. p. 541. of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes for the year ending thirtieth Jnne, eighteen hundred and sixty-six, and for other purposes. Chiefs, upon vessels employed by said Government in the transportation of any property or troops of the United States. SEC. 3. And be it further enacted, That before it shall be competent Plans, &c., to for said State to dispose of any of said lands, to be selected as aforesaid, befiledinDepart- the plan of said breakwater and harbor and the route of said canal m shall be established, and a plat or plats thereof shall be tiled in the of- fice of the War Department, and a duplicate thereof filed in the office of the Commissioner of the General Land Office. SEC. 4. And ~be it further enacted, That if the said breakwater, harbor, Unless work is and canal, shall not be completed within three years from the passage completed in this act, the lands hereby granted and remaining unsold shall revert JJf^J^revert the United States. to the united SEC. 5. And be it further enacted, That the legislature of said State states. shall cause to be kept an accurate account of the sales and net proceeds Account to be f the lands hereby granted, and of all expenditures in the construction, ^is aid for , ^s pa repairs, and operating of said canal, and of the earnings thereof, and only suc i a shall return a a statement of the same annually to the Secretary of the & c . Interior. And whenever said State shall be fully reimbursed for all advances made for the construction, repairs, and operating of said inal, with legal interest on all advances until the reimbursement of le same, or upon payment by the United States of any balance of such Ivances over such receipts from said lands and canal, with such in- terest, the said State shall bo allowed to tax for the use of said canal only such tolls as shall be sufficient to pay all necessary expenses for the care, charge, and repair of the same. SEC. 6. And be it further enacted, That said ship canal shall be at least width and one hundred feet in width, with a depth of water not less than thirteen depth of canal. feet. (a~) (a) SeeNos.682 691. No. 666. A RESOLUTION explanatory of, and in addition to, the act of May fifth June 21, 1866. eighteen hundred and sixty -four, entitled "An act granting lands to aid in the con- Vol. 14, p. 360. struction of certain railroads in "Wisconsin." Eesolved, i-general8 and their clerks. For compensation of the surveyor- nr general of Wisconsin and Iowa, and clerks for completing and winding Surveyors-gen- eral and Office in TVis- up the business in his office, four thousand eight hundred dollars : consin and Iowa, Provided, That when this appropriation shall have been exhausted, the when to be abol- 8aid office shall be abolished, (a) 18hed - ******* (a) See Xos. 598, 607, 655, 656. July 27, 1866. NO. 669. AX ACT to authorize Samuel Stevens, a Stockbridge Indian, to enter Vol. 14, p. 604. ant i purchase a certain tract of land in the Stockbridge reservation, Wisconsin. Samuel Ste- Be it enacted, tj-c., That Samuel Stevens, a Stockbridge Indian, be, and vens may enter ^ e | g nereD y ? authorized to enter and purchase the tract of land known certam^tract 6 of as 1* number one hundred and twenty-six, in the Stockbridge reserva- land. tion, in the county of Calumet and State of Wisconsin, under the "Act to authorize the issuing of patents for certain lauds in the town of Stockbridge, Wisconsin, and for other purposes," approved March third, eighteen hundred and sixty- five, (a) Patent to issue g EC . g. ^ na le it further enacted, That the Commissioner of the Gen- vens a upon to eral Land Office be, and he is hereby, authorized and directed, upon the entry and payment therefor, to cause a patent, in due form of law, to be issued to the said Samuel Stevens, in conformity with the act above mentioned. (a) See Nos. 617, 621, 663, 664, 674, 679, 693. WISCONSIN. , 670. AN ACT confirming the title of Alexis Gardapier to a certain tract of land in the county of Brown and State of Wisconsin. 285 Dec. 15, 1866. Vol. 14, p. 615. Be It enacted <)'-e., That the claim Of Alexis Gardapier to a certain Claim of Alex- ract of land situate in the county of Brown and State of Wisconsin, js Gardapier to lescribed in the report of the commissioners to examine titles and iieonflrmea C n laims in the Territory of Michigan as "lying on the west bank of Fox ' iver, and more particularly known as being a vacant strip lying be- tween a tract number one, confirmed to Jacques Porlier, on the north, ind tract number'two, confirmed to Louis Griguon, on the south, com- lencing at low- water mark, and running west eighty arpens, and in ridth three arpens on the aforesaid river," be, and the same is hereby, onfirmed, and tie Commissioner of the General Land Office is hereby . uthorized to cause the said tract of land to be surveyed in the same Land tobesur- lanner as other private claims to lands in Green Bay have been sur- veyed, and pa- reyed, and directed to issue a patent therefor, according to the pro- tent t( risions of the fifth section of the act of Congress approved February twenty-one, eighteen hundred and twenty-three, entitled "An act to evive and continue in force certain acts for the adjustment of land laims in the Territory of Michigan," which shalJ be recorded in t*he ffice of the register of deeds for the county aforesaid, for the benefit of the heirs or assigns of 'the said Alexis Gardapier. (a) (a) See Nos. 464, 466, 595, 596, 638, 645, 646, 652, 655, 690. No. 671, -A RESOLUTION extending the time for the completion of the improve- ment of the Fox and Wisconsin rivers. March 12, 1867. Vol. 15, p. 20. Resolved, <$-c., That the time provided for the completion of the im- Time for com- provement of the Fox and Wisconsin rivers, and a canal connecting pletion of the im- the same, by section three of an act of Congress, approved August Fo^a eighth, eighteen hundred and forty-six, entitled, ''An.act to grant a sin rivers certain quantity of land to aid in the improvement of the Fox and Wis- tended, consin rivers, and to connect the same by a canal in the Territory of Wisconsin," be, and the same hereby is, extended for the term of five years from and after the approval of this resolution, with all the rights and privileges conferred by said act. (a) (a) See Nos. 623, 629, 631, 639, 643, 650. 67^ JOINT RESOLUTION concerning certain lands granted to railroad companies in the States of Michigan and Wisconsin. {.See MICHIGAN, No. 553.] May 20, 1868. Vol. 15, p. 252. >. 65 3. AN ACT to extend the time for completing the military road authorized June 8, 1868. by an act entitled " An act granting lands to the States of Michigan and Wisconsin Vol. 15, p. 67. to aid in the construction of a military road from Fort Wilkiim, Copper Harbor, Kewenaw County, in the State of Michigan, to Fort Howard, Green Bay, in the State of Wisconsin. [See MICHIGAN, No. 554.] No. 674. AN ACT for the relief of Thomas McLean. j une n, 1868. Be it enacted, #c., That Thomas McLean be, and he is hereby, author- YoL 15 ' p ' 359t ;ed to enter and purchase so much of lot number one hundred and Thomas Mc- twenty four as has not been disposed of in the Stockbridge reservation, Leau may enter in the county of Calumet, and State of Wisconsin, used and occupied S *** by him, at the price stipulated in the third section of the act of third March, eighteen hundred and sixty-five, providing for the disposal of aid reservation, and receive a patent therefor, the said McLean having mltivated and occupied the same for a long series of years, (a) (a) See Nos. 617, 621, 663, 664, 669, 679, 693. 286 WISCONSIN. July 13, 1868. No. 675. JOINT RESOLUTIOX to extend the time for the completion of the Vol. 15, p 257. West Wisconsin Railroad. Time of com- Be it resolved, c., That the time fixed and limited by an act entitled pleting West "An act granting lands to aid in the construction of certain railroads Wisconsin Rail- j n th e State of Wisconsin," approved May five, eighteen hundred and road extended. s i x ty-four, for the completion of the railroad from Tomah, iu the county of Monroe, to Saint Croix River or Lake, between townships twenty- five and thirty-one, be, and the same is hereby, further extended for a period of three years to the West Wisconsin Railroad Company, a cor- poration established by the laws of the State of Wisconsin, and which, by the law of said State, is entitled to the land grant made in the second section of said act: Provided, That if said railway company shall not have completed said railroad from Tomah to Black River Falls on or before the expiration of one year from the passage of this resolution, this act shall be null and void, (a) (a) See Nos. 544, 644, 654, 658, 659, 662, 666. 672, 676, 681, 685, 689, 692. 695. July 27, 1868. No. 676. AN ACT amendatory of an act entitled "An Act granting public lands Vol. 15, p. 238. to the State of Wisconsin, to aid in the construction of railroads in said State," - approved June 3, 1856. The legislature Be it enacted, #c., That it shall and may be lawful for the legislature of Wisconsin O f ^h e State of Wisconsin to dispose of the lands granted and which Srfainfanda for mav have enure( l and been certified to the State of Wisconsin under the benefit of the the act of Congress approved June third, eighteen hundred and fifty- Wisconsin Rail- six, to aid in the construction of a railroad "from Madison or Colum- road Farm Mort- b us , by way of Portage City to the Saint Croix River or Lake, between township twenty-five and thirty-one," and commonly known as La Crosse and Milwaukee Railroad, for the benefit of the Wisconsin Rail- road Farm Mortgage Land Company, existing under and by virtue of Proviso. tne i aw8 of Wisconsin : Provided, however, That this act shall apply only to such lands as may be due the State of Wisconsin for the portion of said road already completed, (a) (a) See Xos. 544, 644, 654, 658, 659, 662, 666, 672, 675. 681, 685, 689, 692, 695. May 5, 1870. No. 677. AX ACT legalizing certain locations of agricultural- college scrip therein Vol. 16, p. 116. designated. Locations of Be it cixn-tcd, $~c., That all locations of agricultural-college scrip certain agricul- allowed prior to December first, eighteen hundred and sixty-seven, at tural-college^ ue 8e veral land offices in the State of Wisconsin, in excess of the niax- 'Tc~ imurn quantity authorized bv the act entitled "An act donating public 8111 ID GXCC83. ot-C.. - - T* . * -i,-. * i m -i tt legalized. lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July second, eighteen hundred and sixty-two, be, and the same are hereby, Patents to is- legalized ; and the Commissioner of the General Land Office is au- 8ne - thorized to issue patents upon such locations : Provided. That the same shall be in all other respects legal and valid. May 6, 1870. No. 678. AX ACT to extend the time for the completion of the military road Vol..l6, p. 121. from Fort Wilkins. at Copper Harbor, in the State of Michigan, to Fort Howard, - at Green Bay, in the State of Wisconsin. [See MICHIGAN, No. 560.] Feb 6 1871. No. 679. AX ACT for the relief of the Stockbridge and Munsee tribe of Indians, Vol. 16, p. 404. in th 6 State of Wisconsin. Thetwo town- .Be it enacted, <)' quality, and value of the timber growing on each state what. " lot, estimating the pine timber at not less than one dollar per thousand, WISCONSIN. 287 and the value of all improvements, if any, made thereon, with the name of the owner of such improvements, as certified by the sachem and coun- cillors of said tribe, and, when returned to the land office of the district in which said lands are situated, be subject to public inspection for at To be subject least thirty days before the day appointed for the sale of such lands, as J? o P ub hereinafter provided. One copy of said appraisal shall be made and w'heretobere- retnrned to the land office of the district, and a duplicate thereof to the turned. Secretary of the Interior, within six months from the passage of this act, and the person[s] appointed to make such appraisal shall be allowed Pay of ap- such compensation for their services as may be fixed by the Secretary praisers. of the Interior, (a) SEC. 2. And be it further enacted, That the said two townships of land The two town- shall be advertised for sale, by notice of not less than three months, sur be published in at least three newspapers of the district having general a t public auction. circulation, and shall be offered at public auction, at the nearest Govern- Notice of time ment laud office within the Green Bay agency, to the highest bidder, in and place of sale. lots of not exceeding eighty acres each, but shall not be sold for less Mo(i than the appraised value thereof. None of said lauds shall be subject Not subject to to entry until they shall have been offered as aforesaid, and then only entry until, &c. at the price fixed by such appraisal. All of said lands remaining unsold Lands unsold at the expiration of one year after they shall have been offered as afore- j J>e again of said shall be again advertised and offered at public auction at the near- &c est Government land office within the Green Bay agency, at not less than the minimum of one dollar and twenty-five cents per acre, and Wheu subject thereafter shall be subject to private entry at the latter price, and shall to private entry. in all cases be sold for cash only : Provided, however, That the Secretary c a j JJJ sol( of the Interior is hereby authorized to reserve from sale a quantity of said lands not exceeding eighteen contiguous sections, embracing such Not over eight- as are now actually occupied and improved, and are best adapted to een sections agricultural purposes, subject to allotment to members of the dUn^^ l b ^ J J? e ^J2 party of said tribe as hereinafter provided. (6) j ecti &c . ' SEC. 3. And be it further enacted. That from the first proceeds of the Proceeds of sale of lands as provided in the second section of this act, shall be paid sale how to be the expenses of appraisal and sale of said lands, the amount due to in- a PP ned - dividnals for improvements as returned by the appraisers, and the amount of the debts contracted by the sachem and councillors for the benefit of said tribes, amounting to the sum of eleven thousand dollars, according to a schedule to be certified by them, and returned to the Commissioner of Indian Affairs. SEC. 4. And be it further enacted, That, immediately after the returns Statement to shall be received at the General Land Office of the last public sale ac-be made up cording to the provisions of this act, a statement shall be made U P> ^ ^un^due f rom under the direction of the Secretary of the Interior, exhibiting the gross the United States amount of moneys realized from the sale of the said two townships of to the S toe Is- land, after deducting therefrom the sums appropriated by the preced- bridge and Mun- ing sections of this.act, to which said amount shall be added the value 8ee Inuiaus - of the lands remaining unsold of said two townships, estimating the same at sixty cents per acre ; also the sum of six thousand dollars held in trust by the Government of the United States for the use of the Stock- bridge and Munsee tribes of Indians, under the treaty of eighteen hun- dred and thirty-nine ; and the total amount thereof shall constitute the entire sum of money due from the Government of the United States to the said Stockbridge and Munsee tribes of Indians, to be paid and ap- propriated for their benefit as hereinafter directed. SEC. 5. And be it further enacted, That the sum of money thus found Amount found due to the said tribes shall be divided between the citizen and Indian due the tribes, . according to rolls thereof, made and returned in conformity with the vl1 provisions of this act to the Commissioner of Indian Affairs : That por- tion of said sum belonging to the citizen party shall be equally divided Citizens. among them per capita, and paid to the heads of families, and adult members of said party ; that portion of said sum belonging to the Indian Indian party. party shall be placed to their credit on the books of the Treasurer of the United States, and bear interest at the rate of five per centum per interest, how annum, payable semi-nnnually, and said interest shall be applied to the to be applied. support of schools, the purchase of agricultural implements, or paid in such other manner as the President may direct : Provided, hoivever, That New location. a part of said sum due the Indian party, not exceeding thirty thousand dollars, may, on the request of the sachem and councillors of said tribe, be expended in securing a new location for said tribe, and in removing 288 WISCONSIN. aiid aiding them to establish themselves in their ue\v home ; and in case of their procuring and removal to such new locaiiou. at auy time, the said eighteen sections of land, reserved for their use by the "second section of this act shall be sold in the manner therein provided, aud the proceeds thereof be placed to their credir as aforesaid. Two rolls to be SEC. 6. And be it further enacted, That, for the purpose oi' determining prepared. the persons who are members of said tribes and the future relation of each to the Government of the United States, there shall be prepared, under the direction of the Commissioner of Indian Affairs, or such per- son as may be selected by him to superintend the same, two rolls. Citizen roll, to be denominated the citizen roll, to embrace the names of all such persons include whom, of full age, and their families, as signify their desire to separate their relations with said tribe, and to become citizens of the United States : Indian roll. the other to be denominated the Indian roll, and to embrace the names of all such as desire to retain their tribal character and continue under Rolls to b the care and guardianship of the United States; which said rolls shall "US 18 **; &c -' cer be signed by the sachem and councillors of said tribe, certified by the turned 'to^Coca- P erson superintending the same, and returned to the Commissioner of missioner of In- Indian Affairs, but no person of full age shall be entered upon said citi- dian Affairs. zen roll without his or her full and free consent, personally given to the Certain per- person superintending such enrollment ; nor shall any person, or his or .sons not to be en- j^r descendants, be entered upon either of said rolls who may have here- tofore separated from said tribe and received allotment of lauds under the act of Congress for the relief of the Stockbridge tribe of Indians, of March third, eighteen hundred and forty-three, and amendment of August six, eighteen hundred and forty-six, or under the treaty of Feb- ruary five, eighteen hundred and fifty-six, or who shall not be of Stock- Citizen roll to bridge or Munsee descent. After the said rolls shall be made and re- be held as a sur- turned as herein provided, the same shall be held as a full surrender ther^ou of all an(1 relinquishment on the part of the citizen party, each and every one claims as mem- of them, of all claims to be thereafter known or considered as members bere of tribe. A:C. of said tribe, or in any manner interested in any provision heretofore or hereafter to be made by any treaty or law of the United States for the benefit of said tribes, and they and their descendants shall thence- forth be admitted to all the rights and privileges of citizens of the United States. The Indian SEC. 7. Andbeit farther enacted, That after the said rolls shall have party to b e been made and returned, the said Indian party shall thenceforth be known s, ry evidence shall have been placed on the files of the office of Coni- 19 L O VOL II ' 290 WISCONSIN. missioner of Indian Affaire that the sales herein authorized have the sanction of the tribe, evidenced by orders or agreement taken in fnll council. (a) See Xos. 389, 599, 601, 610, 616, 626, 627, 629, 630, 035, 644, 649, 650, 654 656 659 663, 667, 679, 686, 694. March 3, lc-71. IVo. 681. AX ACT granting the right of way to the Green Bay and Lake Pepin Vol 16, p. 5-ti. 3 tail way Company for its road across the Oneida reservation, in the State of Wis- . of way Be it enacted, <$-c., That the Green Bay and Lake Pepin Railway Com- acrossthe Oneida pany be, and is hereby, authorized to build and maintain its railway granted V to the acr 88 the Oneida reservation, in the State of Wisconsin, and to take GIX-LU Bay and sufficient land, not more than a strip one hundred feet in width, for Lake Pepin Rail- the purposes of said railway, in accordance with and subject to the road Company, conditions of .an agreement made by the chiefs and headmen of the Oneida tribe of Indians, on the twenty-third day of May, eighteen hundred and seventy, approved by and on file with the Secretary of the Interior, (a) (a) See Xos. 544, 644, 654, 658, 659, 662, 666, 672, 675, 676, 685, 689, 692, 695. March 1, 1872. IVo. 682. AX ACT extending the time for the completion of the Green Bay and Vol. 17, p. 32. Sturgeon Bay and Lake Michigan ship canal, in the State of Wisconsin. Time for com- J>c it enacted extended to the tenth day of April, anno Domini eighteen hun- dred and sevehty.-four. (a) (a) See Xos. 665, 691. April 24, 1872. No. 6S3 AX ACT to extend the time for the completion of the military road from Vol. 17 p 56. Fort Wilkins, at Copper Harbor, in the State of Michigan, to Fort Howard, at Green Bay, in .the State of Wisconsin. [See MICHIGAN, No. 571.] May 9, 1672. No. 684. AX ACT to extend the time of payment for their lands by persons hjl cling Vol. 17, p. 88. pre-emptions on the public lauds in the States of Minnesota, Wisconsin, and Michi- gan, and Territory of Dakota. [See MINNESOTA, No. 1898. j May 23, 1872. No. 685. AX ACT to authorize the Chicago and Xorthwestern Railway Company Vol. 17, p. 160. to change their projected line of railway in the State of Michigan. [See MICHIGAN, No. 573 ] "May a, 1H72. IVo Vol. 17, p. 165. and for other purposes. tf * If X 9 ft Certain Chip- SEC. 8. That with the consent and concurrence of those bands of the pewa Indians, Cbippewa Indians of Lake Superior, located on Lac de Flambeau and with their con- oll Lac c onrt Orielles, and also of the Fond du Lac bandjkof said Indians, movedfrom their expiessed in open council in the usual manner, the Secretary of the In- lands and located tenor be. and hereby is, authorized to remove the said bands of Indians anew. . iroin the tracts of lands which were set apart for them respectively and withheld from sale for their use, in accordance with the third and fourth clauses of the second article of the treaty between the United States and the Chippewa Indians of Lake Superior and the Mississippi, concluded September thirtieth, eighteen hundred and fifty-four, and to locate said bauds of Indians upon the tract of land set apart by the second clause of said article for the La Pointe band of said Chippewa Indians. Vacant lands The lands rendered vacant under the preceding section of this act shall to l)i' appraised, j^ a pp ra i 8 ed by three competent commissioners, one of whom shall be the m< United States agent for the said Chippewa Indians, and the other two WISCONSIN. 291 ill be appointed by the Secretary of the Interior, with the approval of the President. Should there be upon any of the lands to be thus ap- praised any improvements made by or for the Indians, or for Government Improvements, purposes, the said commissioners shall appraise the said improvements separately. After the said lands shall have been appraised, as herein pro- After appraise- vided, the Secretary of the Interior shall be, and hereby is, authorized to ment lands to be offer the same at public sale to the highest bidder, in tracts not exceeding g^ re | c at p one hundred and sixty acres each, at such place in the congressional dis- ' trict in which said lands are situated as may be designated by the Secre- tary of the Interior, ninety days' notice of which shall be given by adver- tisement in at least three newspapers of general circulation published in said congressional district ; and if not sold at public sale, it may be sold in If not sold at tracts of not exceeding one hundred and sixty acres to one person, at not public sale, how less than the appraised value, and upon payment therefor to cause patents disposed of. in the usual form to be issued to said purchaser or purchasers for said lands : Provided, That no bid for separate tracts shall be accepted which Bids for less may be less than the appraised value of such tract, including the im- th n appraised provements, if any, thereon : And provided further, That bids for tracts l^ ot to be having improvements upon them shall state the price for both the land improvements, and the improvements. The proceeds of such sales shall be invested or P r o c eeds of expended for the benefit of the Indians interested, in such manner as the sales, how to be Secretary of the Interior, subject to the approval of the President, m,ay in direct, (a) The commissioners to be appointed by the Secretary of .the Interior) Pay of com- under the provisions of this act, shall receive compensation for their missioners. services at the rate of six dollars for each day actually engaged in the duties herein designated, in addition to the amount paid by them for actual travelling and other necessary expenses. The sum of seventy-five thousand dollars, or so much thereof as may Appropriate n be necessary, be, and hereby is, appropriated, out of aliy moneys in the for expenses of Treasury not otherwise appropriated, to be expended under the direc- a p d p r f * s ement tion of the Secretary of the Interior, for the appraisement and sale of the said reservations and for the removal and establishment of said Indians, as hereinbefore provided, the sum so expended to be reimbursed from Sum to be re- the proceeds of the sales of the lands of said Indians authorized by this imbursed. act. (a) SeeNos. 389, 599, 601, 610, 616, 626, 627,629,630,635,644,649,650 654 656 659 663 667, 679, 680, 694. 687. AN ACT relative to homestead settlers burned out in the States of Min- June 8, 1872. nesota, Wisconsin, and Michigan. Vol. 17, p. 337. [See MINNESOTA, No. 1900.] No. 688. AN ACT in relation to mineral lands. Feb. 18 1873. >Iines of iron and coal and mineral lands in Wisconsin, &c., not in- YoL 17 ' P- 465 - eluded in act of 1872. See MICHIGAN, No. 577.] No. 6S9. AN ACT to quiet the title to the lands of the settlers on lands claimed March 3 1873 by the West Wisconsin Railway Company. Vol. n t p . 634. Whereas, by the neglect of the Commissioner of the General Land )mce to have the lands withdrawn from market embraced in the grant ' of lands from the town of Pomah to the city of Hudson, in the State of Wisconsin, as soon as the West Wisconsin Railway Company (to which company the said grant belongs) had finally located its road and filed the map of such location, a large amount of lands about twenty thou- sand acres were taken up under the homestead laws and otherwise entered: Therefore, Be it enacted, fa, That provided said West Wisconsin Railway Com- The West Wis- pany shall waive and release all claims to any lands taken up under the consin Railway homestead laws or otherwise entered after the final location of their c ^ p an y ma / road, as aforesaid, it shall be lawful for said company to make up any Sency^Fn their ich deficiency in their grant, not however to exceed twenty thousand land grant, from, acres, from the vacant odd-numbered sections from the southeastern &c - part or portion of the indemnity limits of the former grant for the branch roads from the said city of Hudson to Lake Superior, (a) (a) See Nos. 544, 644, 654, 658, 659, 662, 666, 672, 675, 676, 681, 685, 692, 695. 292 WISCONSIN. March 3, 1873. No. 690. AX ACT confirming the title of Louis Grignon to a certain tract of land Vol. 17, p. 789. at Green Bay, "Wisconsin. ignon to cer- of land at Green Bay, Wisconsin, situated in township twenty-four in land in nor th, of range twenty east of the fourth principal meridian, lying on Title of Louis Beit enacted, fa., That the claim of Louis Grignon, to a certain tract Grij tai Wisconsin. (t he west bank of Fox River, between the" claim" of Alexis Gafdapier, 'as confirmed and finally surveyed, and the claim of said Louis Grignon, as surveyed and patented, (said tract having been excluded from the final survey of the said claim of Louis Grignon because within the former Fort Howard military reservation,) be, and the same is hereby, confirmed, and the Commissioner of the General Land Office is hereby authorized to cause the said tract of land to be surveyed at the expense of the parties in interest, and to issue a patent therefor in favor of the said Louis Grignon, subject to such legal transfers or assignments as may have been made by him or by his heirs or assigns according to the provisions of the fifth section of the act of Congress approved February twenty-first, eighteen hundred and twenty-three, entitled "An act to revive and continue in force certain acts' for the adjustment of land claims in the Territory of Michigan ; " such survey and patent to be held as a relinquishmeut on the part of the United States, and as in no way impairing any valid adverse rights, if such exist, (a) (a) See Xos. 464, 466, 595, 596, 638, 645, 646, 652, 655, 670. March 7, 1874. NO. 691. AX ACT extending the time for the completion of the Green Bay and Vol. 18, p. 20. Sturgeon Bay and Lake Michigan ship canal, in the State of Wisconsin. Green Bay,&c., Be it enacted, 4'-c., That the time for the completion of the Green Bay ship canal. an( i sturgeon Bay and Lake Michigan ship canal be, and the same is Time for com- hereby, extended to the tenth day of April, eighteen hundred and pletion extended, seventy-six, (a) (a) See Xos. 665, 662. April 9, 1874. No. 692. AX ACT to extend the time for completing the Wisconsin Central Eail- Vol. 18, p. 28. road in Wisconsin. Extension of Be it enacted, c., That the time specified in the ninth section of the time for complet- ac t o f Congress approved May fifth, eighteen hundred and sixty-four, Central ifaTl^ en -titled "An act granting lands to aid in the construction of certain road. railroads in the State of Wisconsin," for the completion of the road mentioned in the third section of said act, and for the reversion to the United States of the lands granted by said act, to aid in the construc- tion of said road, be, and the same is hereby, extended until the thirty- first day of December, eighteen hundred and seventy-six, (a) (a) See Xos. 544, 644, 654, 658, 659, 662, 666, 672, 675, 676, 681, 685, 6t9, 695. June 22, 1874. No. 693. AX ACT making appropriations for the current and contingent expenses Vol. 18, p. 174. of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June 30, 1875, and for other purposes. ******* Secretary of For this amount, to enable the Secretary of the Interior to carry out the Interior to the provisions of the fourth section of the act entitled "An act for the b r -d dU i S S ck ' relief of the Stockbridge and Munsee tribe of Indians in the State of see tribe of in- Wisconsin," approved February sixth, eighteen hundred and seventy- dians with stipu- one, by causing to be credited to said tribe the estimated value, at lated price of 8 j x ty cents an acre, of eleven thousand eight hundred and three acres SJSSJ* 1 of land remaining unsold of the two townships referred to in said act: Proviso. ' Provided, That the expenses of enrollment and payment required by the provisions of said act shall be defrayed from the amount hereby appro- priated, seven thousand and eighty-one dollars and eighty cents, (a) * * * * * * * (a) See Xos. 617, 621, 663, 664, 669, 674, 679. WISCONSIN. 293 No. 094. AN ACT relating to the disposition of certain lands to be reclaimed in Dec. 21, 1874. sections fourteen, twenty-three, and twenty-six; in township sixteen north, of Vol. 18, p. 293. rau^e twenty, in the county of Sheboygan, in the 'State of Wisconsin. Be it'enacted, #c., That so much of the bed of the marsh or pond in sec- Release of cer- tions fourteen, twenty-three, and twenty-six, in township sixteen north, ]5 m stob y e an of range twenty east of the fourth principal meridian, in the county of county, Wiscon- Sheboygan, in the State of Wisconsin, as shall or may be reclaimed by sin, at '$1.25 per draining the water from the same, shall be owned and held, so far as acre, when drain- any rights or interests of the United States are concerned, by the owners e " - of the lands abutting upon said marsh or pond, and draining the same to the centre or thread thereof, and divided among the several owners adjoining and abutting said marsh or pond, according to the rules of law, upon payment by said adjoining owners into the Treasury of the . United States of one dollar and twenty-five cents per acre for the amount of land that has been or may be so reclaimed, (a) (a) See Nos. 389, 599, 601, 610, 616, 626, 627, 629, 630, 635, 644, 649, 650, 654, 656, 659, 663,667, 679, 680, 686. No. 695. AN ACT authorizing the Wisconsin Central Railroad Company to March 3, 1875. straighten the line of their road. Vol. 18, p. 511. Be it enacted, <$-c., That the consent and approval of Congress are WisconsinCen- hereby given to the Wisconsin Central Railroad Company to build that tral Eailroad portion of their road which lies between Portage City and Stevens Point ciSeBne. "^ on the line adopted by the act of the legislature of Wisconsin, approved February tenth, eighteen hundred and seventy-five, instead of the line adopted by the act of the legislature of Wisconsin, April ninth, eigh- teen hundred and sixty-six, chartering the Portage and Superior Rail- road Company : Provided, That no portion of the lands belonging to Lands outside said grant situated south of Stevens Point, and which may be found | ten miles limit outeide of the ten-mile limits, measured from the modified line of said Ol road, shall pass to said company under its grant, but such lands shall revert to the United States and become part of the public domain, to be disposed of as other public lands, and the acceptance of the pro- visions of this act by said company shall be held to be a relinquishment of the same j And provided further, That this act shall not be construed No new grant as increasing said grant, or as granting to said company and [any] lands by tlli8 act - whatever, (a) (a) See Nos. 544, 644, 654, 658, 659, 662, 666, 672, 675, 676, 681, 685, 689, 692. ; 696. AN ACT granting to the city of Stqvens Point, Wisconsin a certain piece March 2, 1877. of land. Vol. 19, p. 270. Whereas, there is situated in the Wisconsin River, within the city of p ream bi e ;evens Point, Wisconsin, a small island containing less than one square acre of land, which has for many years been used for the storage of pow- der and other combustible or inflammable goods, and the people of said city are desirous that the said island be granted to the city for that pur- pose : Therefore, Be it enacted, <$*c., That the Commissioner of the General Land Office Stevens Point, the United States be, and he is hereby, instructed to ca.use to be pat- "Wis., to have ted to the city of Stevens Point, Wisconsin, the following describedgf^Jf" cer ' iece of land, to wit, the island in the Wisconsin River, within the "rporate limits of the city of Stevens Point, Wisconsin, in section irty-one, township numbered twenty-four north, in range eight east, the fourth principal meridian in said State. 697. AN ACT to authorize the issue of a patent of certain lands in the Broth- April 20, 1878. evtown reservation, in the State of Wisconsin, to the persons selected by the Broth- Vol. 20. p. 513. c: town Indians. lie it enacted t #c., That the Commissioner of the General Land Office Brothertown i, and he is hereby, authorized to give full title to the Broth ertown In dians. idians of all the township of land, containing twenty-three thousand Ce 7tai n lands to id forty acres of land, lying on the east side of Winnebago Lake, in le State of Wisconsin, which, by the provision of a treaty made with le Menomonee Indians, on the seventeenth day of February, eighteen nindred and thirty-one, and ratified on the ninth day of July, eighteen 294 WISCONSIN. hundred and thirty- two, was reserved for the use of the Brothertown Indians, and which, by a subsequent treaty with the Menomonees, bear- ing date October twenty-seventh, eighteen hundred and thirty-two, and ratified the thirteenth day of March, eighteen hundred and thirty- three, was further secured to the Brothertown Indians, the right to have the same partitioned, divided and held by them separately and severally in fee-simple. Patent to be is- SEC. 2. That for such purpose, the Commissioner of the General Land sued to trustees. Office is hereby fully directed, empowered, and authorized to make and issue a patent of all the lands contained in said township which are now unpatented to Laton Dick, senior, Lucius S. Fowler, David Fowler, and Orrin G. Johnson, residents of Brothertown, Calumet County, and State of Wisconsin, and members of the Brothertown tribe, in trust for Lands may be the Brothertown Indians : Provided, however, That said lands, or any part thereof, shall be sold by said trustees whenever a majority of said Brothertown tribe shall petition for the same ; such sale to be made at At public aucr public auction and to the highest and best bidder in cash therefor, after tion - first giving sixty days' notice of such sale by advertisement in some Advertisement, newspaper published in Calumet County, State of Wisconsin ; such ad- vertisement to state the time and place of sale, the terms of sale, and a Distribution of description of the land to be sold. And the said trustees shall distri- proceeds. bu.te and pay over the proceeds arising from such sale or sales to the Brothertown Indians, according to the former usages, customs, and regulations of said tribe, (a) (a) See No. 611. LOUISIANA. No. 698, A~N ACT to enable the President of the United States to take possession Oct. 31, 1803. of the territories ceded by France to the United States, by the treaty concluded at Vol. 2, p. 245. Paris, on the thirtieth of April last ; and for the temporary government thereof . Be it enacted, <$-c., That the President of the United States be, and he Louisiana to be is hereby authorized to take posession of, and occupy the territory ceded taken possession by France to the United States, by the treaty concluded at Paris, on the Jjentoi ! the Uni- thirtieth day of April last, between the two nations ; and that he may te d States, for that purpose, and in order to maintain in the said territories the au- Authority of thority of the United States, employ any part of the Army and Navy of theUnited States the United States, and of the force authorized by an act passed the third J^^JS. day of March last, intituled "An act directing a detachment from the Act of March militia of the United States, and for erecting certain arsenals," which 3, 1803. Appro- he may deem necessary : and so much of the sum appropriated by the priations. said act as may be necessary, is hereby appropriated for the purpose of carrying this act into effect ; to be applied under the direction of the President of the United States. SEC. 2. And ~be it further enacted, That until the expiration of the All the military, present session of Congress, unless provision for the temporary gov- civil ' aml J u ^ i . cia | ernment of the said territories be sooner made by Congress, all the mili- by^ 8 officer? of tary, civil and judicial powers, exercised by the officers of the existing the existing gov- government of the same, shall.be vested in such person and persons, and eminent to be shall be exercised in such manner, as the President of the United States exercised as the shall direct for maintaining and protecting the inhabitants of Louisiana a j^c t for^thJ in the free enjoyment of their liberty, property and religion, (a) protection of th (a) See Nos. 699, 702, 707, 709, 714, 715, 762. inhabitants. No. 699. AN ACT erecting Louisiana into two Territories, and providing for the March 26, 1804. temporary government thereof. Vol. 2, p. 283. Be it enacted, #c. t That all that portion of country ceded by France to Lands south of the United States, under the name of Louisiana, which lies south of the the Mississippi Mississippi Territory, and of an east and west line to commence on the Territory in Lau- Mississippi River, at the thirty- third degree of north latitude, and to Terrftory 1 of Or- extend west to the western boundary of the said cession, shall constitute leans. * a Territory of the United States, under the name of the Territory of Or- leans. * * # * # * # SEC. 12. The residue of the province of Louisiana, ceded to the United. The remaining States, shall be called the District of Louisiana, * * * * part of Louisiana SEC. 14. And 1)6 it further enacted, That all grants for lands within the Jjjg,,? se P arate territories ceded by the French Republic to the United States, by the certain grants treaty of the thirtieth of April, in the year one thousand eight huii- for lands in the dred and three, the title whereof was, at the date of the treaty of St. territories coded Ildefonso, in the crown, government or nation of Spain, and every act * t . e e ~ ^^J and proceeding subsequent thereto, of whatsoever nature, towards the we rein the crown obtaining any grant, title, or claim to such lands, and under whatso- of Spain at the ever authority transacted, or pretended, be, and the same are hereby time of the treaty declared to be, and to have been from the beginning, null, void, and of Seolwed voi,, ^ t i VT runts to S.G" laws, usages and customs of the Spanish Government, made an actual tu al settlers of settlement on a tract of laud within the said territories, not claimed by the lands occu- virtue of the preceding section, or of any Spanish or- French grant made Pi. ed by them, and completed before the first day of October, o.ne thousand eight hun- Jin of improper dred, and during the time the government which made such grant had Spanish officer, the actual possession of the said territories, and who did on the said and in conform- twentieth day of December, one thousand eight hundred and three, jty with the actually inhabit and cultivate the said tract of laud ; the tract of land gj thus inhabited and cultivated, shall be granted : Provided however, That Xo more than not more than one tract shall be thus granted to any one person, and one tract to be the same shall not contain more than one mile square, together with g rante d to such such other and further quantity, as heretofore has been allowed for the j^Txceed o no wife and family of such actual settler, agreeably to the laws, usages mile square, and customs of the Spanish Government : Provided also. That this dona- This donation tion shall not be made to any person who claims any other tract of land JJ* *J be ma u in the said territories by virtue of any French or Spanish grant, (a) claims any other SEC. 3. And be it further enacted, That for the purpose of more conve- under a French niently ascertaining the titles and claims to land in the territory ceded or Spanish grant, as aforesaid, the Territory of Orleans shall be laid off into two districts, oriel's to belaid in such manner as the President of the United States shall direct ; in off into two j is . each of which, he shall appoint, in the recess of the Senate, but who tricts, for the as- shall be nominated at their next meeting, for their advice and consent, certaiumeut of a register ; who shall receive the same annual compensation, give se- |J nd cuiity in the same manner, and in the same sums, and whose duties and A register to Authorities shall in every respect be the same in relation to the lands be appointed for 'Inch shall hereafter be disposed of at their offices, as are by law pro- this purpose in ided with respect to the registers in the several offices established for ea gjg compensa . the disposal of the lands of the United States, north of the river Ohio, tion, duties, &c. and above the mouth of Kentucky River. The President of the United A' recorder of States shall likewise appoint a recorder of land titles in the District of land titles to be Louisiana, who shall give security in the same manner, and in the same ^Hana *& ms, and shall be entitled to the same annual compensation, as the trict. gisters of the several land offices. (&) .His compensa- SEC. 4. And be it further enacted. That every person claiming lands in ti( ^ n ' &c - . e above-mentioned territories, by virtue of any legal French or Spanish inff e Ss under _ ant, made and completed before the first day of October, one thou- French or Span- sand eight hundred, and during the time the government which made ish grants, &c., such grant had the actual possession of the territories, may, and every to . have th (1 ei 1 I person claiming lands in the said territories, by virtue of the two first &J: sections of this act, or by virtue of any grant or incomplete title, bear- ing date subsequent to the first day of October, one thousand eight hun- dred, shall, before the first day of March, one thousand eight hundred Record to J 36 and six, deliver to the register of the laud office, or recorder of land titles, JfJJ* t D JJ!? ^ f ithin whose district the land may be, a notice in writing, stating the March, 1806. 298 LOUISIANA. nature and extent of his claims, together with a plat of the tract or By whom the tracts claimed ; and shall also, on or before that day, deliver to the said foregoing claims register or recorder, for the purpose of being recorded, every grant, order corded aM the of 8nrve y> deed, conveyance, or other written evidence of his claim ; and officer's fees. the same shall be recorded by the register or recorder, or by the trans- lator herein after mentioned, in books to be kept by them for that pur- pose, on receiving from the parties at the rate of 'twelve and an half cents for every hundred words contained in such written evid. Where lands their claim : Provided, however, That where lands are claimed by v are claimed by o f a complete French or Spanish grant as aforesaid, it shall not 1>> uec- plete e Frenchr essar y for tne claimant to have any other evidence of his claim recorded, Spanish grant, except the original grant or patent, together with the warrant, or order no other evidence of survey, and the plat ; but all the other conveyances or deeds shall be of the claim to deposited with the register or recorder, to be by them laid before the the original grant commissioners herein after directed to be appointed, when they shall or patent. Other take the claim into consideration. And if such person shall neglect to deeds to be de- deliver such notice in writing of his claim, together with a plat asafore- re^iste^r^idltdd 8a ^' or cause to De recorded such written evidence of the same, all his before r 'the com- ri g nt > so far as the same is derived from the two first sections of this missioners. act, shall become void, and for ever thereafter be barred ; nor shall any Failure to de- incomplete grant, warrant, order of survey, deed of conveyance, or other tomio^d^'ufwork wr ^ten evidence, which shall not be recorded as above directed, ever forfeiture, &c. after be considered or admitted as evidence in any court of the United Register an d States, against any grant derived from the United States. The said recorder to com- register and recorder shall commence the duties hereby enjoined on them, tionof the\r e< of- on or before tne first dav of September next, and continue to discharge fices on or before the same, at such place in their respective districts,, as -the President of the 1st Septem- the United States shall direct. ber. 1805. g EC< 5. j w rf i e it further enacted, That two persons to be appointed by to be^ppofnted ? ae Pre8ident alone, for the District of Louisiana, and two persons to be for the District of in the same manner appointed for each of the districts directed by this Louisiana, and act to be laid off in the Territory of Orleans, shall, together with the the districts to register or recorder of the district for which they may be appointed, be thV^act for 1 as- commissioners for the purpose of ascertaining within their respective certaining land districts, the rights of persons claiming under any French or Spanish titles, &.c. grant as aforesaid, or under the two first sections of this act. The said commissioners shall, previous to their entering on the duties of their appointment, respectively take and subscribe the following oath or affir- The oath of of- mation, before some person qualified to administer the same : " I m tTake do 6olemnl y swear, (or affirm,) that I will impartially exer- cise and discharge the duties imposed on me by an act of Congress, in- tituled 'An act for ascertaining and adjusting the titles and claims to land within the Territory of Orleans, and the District of Louisiana.' to Commissioners the best of my skill and judgment." It shall be the duty of the said respective 1 d is' commi ssioners to meet in their respective districts, at such place as the tricts at such President shall have directed therein, for the residence of the register or places as may be recorder, on or before the first day of December next, and they shall not the residence of adjourn to any other place, nor for a longer time than three days, until regi3ters* C &c7on the first da ^ of Marcn on e thousand eight hundred and six, and until or before the 1st they shall have completed the business of their appointment. Each December, and board, or a majority of each board, shall, in their respective districts, not to adjourn have power to hear and decide in a summary manner, all matters re- have ^nished s P ec ting such claims, also to administer oaths,' to compel the attendance their business, of, and examine witnesses, and such other testimony as may be adduced, Powers of the to demand and obtain from the proper officer and officers, all public boards of com- records, in which grants of land, warrants, or orders of survey, or any ml To 10 administer * aer evidence of claims to land, derived from either the French or oaths, compel the Spanish Governments, may have been recorded; to take transcripts of attendance of such record or records, or of any part thereof ; to have access to all other witnesses, de- records o f a public nature, relative to the granting, sale, transfer, or reSSlsof grants titles of Iand8 > ^thin their respective districts ; and to decide in a suni- of laud. mary way, according to justice and equity, on all claims filed with the To take tran- register or recorder, in conformity with the provisions of this act, and orlls^ f re on a ^ com pl e t e French or Spanish grants, the evidence of which, though . F TO decide sum- n t thus filed, maybe found of record on the public records of such marily according grants ; which decisions shall be laid before Congress in the manner to justice and herein after directed, and be subject to their determination thereon: e( let it; t-ti nallC d m " Proi ' i(le(l however. That nothing in this act contained, shall be construed French or ^pan* so as to recognize any grant or incomplete title, bearing date subsequent ish grants. to the first day of October, one thousand eight hundred, or to authorize LOUISIANA. 299 the commissioners aforesaid to make any decision thereon. The said Decisions of boards respectively shall have power to appoint a clerk, whose duty it tn . e boards to be shall be to enter in a book to be kept for that purpose, full and correct !* minutes of their proceedings and decisions, together with the evidence ** NO' title under on which such decisions are made, which books and papers, on the dis- a grant subse- solution of the boards, shall be deposited in the respective offices of the quent to October registers of the land offices, or of the recorder of land titles of the dis- J^nSSi. ' ict; and the said clerk shall prepare two transcripts of all the deci- "The boards to ns made by the commissioners in favour of the claimants to land ; both appoint a clerk, which shall be signed by a majority of the said commissioners, and j^ is duties. one of which shall be transmitted to the officer exercising in the district deSonsm favor the authority of surveyor-general ; and the other to the Secretary of the O f claimants to '"reasury. It shall likewise be the duty of the said commissioners, to be delivered to ake to the Secretary of the Treasury a full report of all the claims tiled thesurveynr-^en- ith the register of the proper land office, or recorder of land titles, as r'eYa^y T of' the >ve directed, which may have been rejected, together with the sub- Treasury, nee of the evidence adduced in support thereof, and such remarks Reports of re- __ereon as they may think proper; which reports, together with tbe].^. ct ? d claims transcripts of the decisions of the commissioners in favour of the claim- madT^aud filed ants, shall be laid by the Secretary of the Treasury before Congress, at in' the proper their next ensuing meeting, When any Spanish or French grant, war- land office, and to rant, or order of survey, as aforesaid, shall be produced to either of the g , laid , by f ^ " ;/ l boards, for lauds, which were not at the date of such grant, war- Treasury before t, or order of .survey, or .within one year thereafter, inhabited, culti- Congress. ,ted, or occupied, by or for the use of the grantee; or whenever either Grants ante- the said boards shall not be satisfied that such grant, warrant, or order dated or other- survey, did issue at the time when the same bears date, but that the wi ^ defective, me is antedated or otherwise fraudulent ; the said commissioners shall ered as conclu- >t be bound to consider such grant, warrant, or order of survey, as con- sive evidence of elusive evidence of the title, but may require such other proof of its title, validity as they may deem proper. Each of the commissioners and clerks Compensations aforesaid, shall be allowed a compensation of two thousand dollars in * tbe , commis- full for his services as such ; and each of the said clerks shall, previous & ne to his entering on the duties of his office, take and subscribe the follow- ing oath or affirmation, to wit: "I do solemnly swear, Their oaths of (or affirm,) that I will truly and faithfully discharge the duties of a office, &c. clerk to the board of commissioners, for examining the claims to land, as enjoined by an act of Congress, intituled * An act ascertaining and ad- justing the titles and claims to land within the Territory of Orleans, and the District of Louisiana.'" Which oath or affirmation shall be en- the minutes of the board. SEC. 6. And l)e it further enacted, That the Secretary of the Treasury Agents to be .all be, and he is hereby authorized to employ three agents, one for em ployed for each board, and whose compensation shall not exceed one thousand eacn .board of five hundred dollars each, for the purpose of appearing before the com- ^Thei^cSnSn- missioners, in behalf of the United States, to investigate the claims for sations not to ex- lands, and to oppose all such as said agents may deem fraudulent and ceed $1,500 each, unfounded. It shall also be the duty of the said agent for the District T heir t d i lties i : 1 of Louisiana, to examine into and investigate the titles and claims, if District ofLouis e any there be, to the lead mines within the said district, to collect all iaua to collect in- the evidence within his power, with respect to the claims to, and value formation con- of the said mines, and to lay the same before the commissioners, who t e ^ in f .^ tit1 ' shall make a special report thereof, with their opinions thereon, to the a nd \a,y\l befoTe Secretary of the Treasury, to be by him laid before Congress, at their the commission- next ensuing session. The said board of commissioners shall each be ers - authorized to employ a translator of the Spanish and French languages, jn^JSJersixfem" to assist them in the despatch of the business which may be brought p i oy a translator^ before them, and for the purpose of recording Spanish and French to assist in the grants, deeds, or other evidences of claims on the registers' books. The despatch of busi- said translator shall receive, for the recording done by him, the fees ^' Spanish ^r already provided by law, and may be allowed, not exceeding fifty dol- French claims, lars, for every month he shall be employed ; provided that the whole &c. compensation, other than that arising from fees, shall not exceed six . Fees to the hundred dollars, (a) translator. SEC. 7. And ~be it further enacted, That the powers vested by law in 8 * J * ^| the surveyor of the lands of the United States, south of the State of lands south of Tennessee, shall extend over all the public lauds of the United States, the State of to which the Indian title has been, or shall hereafter be, extinguished, Tennessee to ex- within the said Territory of Orleans; and it shall be the duty of the of^inT^U 1 !! said surveyor to cause such of the said lands, as the President of the states, &c. tered on SEC. shall be : 300 LOUISIANA. Made his duty United States shall expressly direct, to be surveyed, and divided, as to cause these nearly as the nature of the country will admit, in the same manner, s i ^^H- 8 "^" and under the same regulations as is provided by law, in relation to the ed y lands of the United States northwest of the river Ohio, and above the mouth of Kentucky River, (c) Ch-u. La Fay- SEC. 8. And be it further enacted, That the location, or locations of ette 8 locations. i an ^ 8 w hich Major-General La Fayette is by law authorized to make on any lands, the property of the United States, in the Territory of Or- leans, shall be made with the register or registers of the land offices established by this act in the said Territory : the surveys thereof shall be executed under the authority of the surveyor of the lands of the How and where United States, south of Tennessee; and a patent or patents there- to be made, for shall issue, on presenting such surveys to the Secretary of the Treasury, together with a certificate of the proper register, or registers, stating that the land is not rightfully claimed by any other person : Proviso. Provided, That no location or survey made by virtue of this section shall contain less than one thousand acres, nor include any improved lands or lots, salt spring or lead mine, (d) Appropriate n SEC. 9. And be it further enacted. That a sum not exceeding fifty thou- for carrying this sand dollars, to be paid out of any unappropriated monies in the Treas- ury, be, and the same is hereby appropriated for the purpose of carry- ing this act into effect. (a) See Xos. 699, 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732. 737, 738, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899, 904. 911. 946. 956, 957, 961, 967, (6) See Xos. 704, 708, 710, 711, 718, 731, 737, 740, 831, 879, 965. (c) See Xos. 703, 704. 708, 710, 718. 722, 724, 727, 730, 731, 777, 803, 858. (d) See Xos. 32, 700, 704, 708, 748a, 869. March 3, 1805. IVo. 702. AX ACT further providing for the government of the District of Vol. 2, p. 331. Louisiana. District of Lou- Be it enacted, $c., That all that part of the country ceded by France isiana changed to the United States, under the general name of Louisiana, which, "T t0 r it hat - /L tlie k v an ac t ^ the ^t 8es8 i n f Congress, was erected into a sep- isfanawithadif- ara te district, to be called the District of Louisiana, shall henceforth be ferent govern- known and designated by the name and title of the Territory of Louis- ment. iana. (a) ******* (a) See Xos. 698, 699, 707, 709, 714, 715, 762. Feb. 23, 1806. No. 703. AX ACT extending the powers of the surveyor-general to the Territory Vol. 2, p. 352. of Louisiana ; and for other purposes. Powers of the Be ** enacte ^t <$' c -> That the powers vested by law in the surveyor- surveyor-general general, shall extend over all the public lands of the United States, in to be extended to the Territory of Louisiana, to which the Indian title has been or here- the Territory of after shall be extinguished. It shall be the duty of the said surveyor- De^utvsurvev g enera ^ to appoint a sufficient number of skilful surveyors, as his depu- ors to be appoint- ties, in the said Territory, one of whom he shall, with' the approbation ed. of the Secretary of the Treasury, designate as his principal deputy for Their duties, the same. Which said deputies shall severally take an oath, or affirm- &c. ation, truly and faithfully to discharge the duties of their respective offices. The said principal deputy shall reside and keep an office in the said Territory, and shall, under the superintendence of the surveyor- general, execute or cause to be executed by the other deputies, such surveys as may hereafter be authorized by law, or as he may be directed to execute by the commissioners appointed for the purpose of ascertain- ing the title's and claims to land within the Territory aforesaid; and shall generally perform therein, in conformity with the regulations and instructions of the said surveyor-general, the duties imposed by law on the said surveyor-general. Plots of sur- SEC. 2. And be it further enacted, That all the plots of surveys, and all yeys appertain- other papers and documents pertaining, or which did pertain to the ing to the oi.ice office of surveyor general, under the Spanish Government, within the 2ral Sm u7tar" ? !he limits of tbe Territory aforesaid, or to any other office heretofore estab- Spanish Govern- lisbed or authorized, for the purpose of executing or recording surveys ment to be deliv- of lands within the said limits, shall be delivered to the principal deputy ered to the pi in- aforesaid ; and no plot of survey shall be admitted as evidence, in any LOUISIANA. 301 court of justice, unless certified by the said principal deputy, to be a c ipal deputy; true copy of the record in his office, (a) wbat c P ies are SEC. 3. And be it further enacted, That so much of the act, intituled g< pJrt V of Tfor- "An act for ascertaining and adjusting the titles and claims to land mer act respect- within the Territory of Orleans and the District of Louisiana," as makes ing plots of land, it the duty of every claimant to lands, within the Territory of Louisi- &o., repealed. ana, to deliver to the recorder of land titles a plot of the tract or tracts, claimed by him, be, and the same is hereby repealed, so far as relates to claimants whose tracts had not been surveyed by the proper officer, under the Spanish Government, prior to the twentieth day of December, one thousand eight hundred and three. And the commissioners ap- Commissioners pointed for ascertaining the titles and claims to lands, within either the authorized to di- Territory of Louisiana, or that of Orleans, are hereby authorized to JJ'J^jyHJJ} direct the officer exercising the powers of surveyor-general, within the think necessary same, to execute such surveys as they may think necessary, for the pur- for the ascertain- pose of deciding on claims presented for their decision : Provided, That m ^ of titles, the expense of executing such surveys shall be defrayed by the parties claiming the land, unless the same be claimed by a legal French or Spanish grant, made and completed before the first day of October, one thousand eight hundred: And provided also, and it is hereby further Private surveys enacted, that every such survey, as well as every other survey, by what- excepted. ever authority heretofore executed, those of the above-mentioned legal and complete titles only excepted, shall be held and considered as pri- vate surveys only ; and all the tracts of land, the titles to which may All tracts to be ultimately confirmed by Congress, in conformity with the provisions ^ich the g itle of the act above mentioned, shall, prior to the issuing of patents, be ^ a by congreas" resurveyed, if judged necessary, under the authority of the person 8 hall be resur- exercising the powers of survey or- general, and at the expense of theveyed. parties. (6) SEC. 4. And be it further enacted, That the surveyor-general shall fix Compensa- the compensation of the deputy surveyors, chain-carriers, and axe-men, tions. in the Territory of Louisiana : Provided, That the whole expense of Proviso, surveying and marking the lines, whether paid by the United States, or by individuals, shall not exceed three dollars per mile, for every mile that shall be actually run, or surveyed and marked. And the principal deputy aforesaid, shall be entitled to receive from individuals the fol- lowing fees, that is to say : for examining and recording the surveys executed by any of the deputies, at the rate of twenty-five cents for every mile of the boundary line of such survey, and for a certified copy of any plot of a survey in his office, twenty-five cents. (a) See Nos. 701, 704, 708, 710, 718, 722, 724, 727, 730, 731, 777, 03, 858. (b) See Nos. G99, 701, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737, 738, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 663, 864, 873, 889, 899, 904, 911,948,956,957,961,967. No. 704. AN ACT supplementary to an act intituled "An act for ascertaining and April 21, 1806. adjusting the titles and claims to land, within the Territory of Orleans, and the Dis- Vol. 2, p. 391. trict of Louisiana." Be it enacted, an( j re p 0r t 8 o f the claims filed in conformity with the provisions of mitted. **' tnis act shall be made and transmitted, as was provided by the act to which this act is a supplement, in relation to the claims therein de- scribed. It shall likewise be the duty of the said commissioners, to in- quire into the nature and extent of the claims which may arise from a right, or supposed right, to a double or additional concession on the back of grants or concessions heretofore made, or from grants or con- cessions heretofore made to minors, and not embraced by the provisions of this act, or from grants or concessions made by the Spanish Govern- ment, subsequent to the first day of April, one thousand eight hundred, Lands not to f or lands which were actually settled and inhabited on the twentieth until thedecision clav of December, one thousand eight hundred and three ; and to make of Congress. a special report thereon to the Secretary of the Treasury; which re- port shall be, by him, laid before Congress at their next ensuing session. And the lands which may be embraced by such report, shall not l>e otherwise disposed of, until a decision of Congress shall have been had thereupon. Compensations SEC. 6. And be it further enacted, That each of the registers aforesaid, of tin.- coinmis- sball, in addition to his other emoluments, receive a compensation of istTr and reg ' five hundred dollars for the services to be performed, under this act, prior to the first day of January next; and each of the commissioners aforesaid, shall receive at the rate of six dollars a day for every day's actual attendance on the duties of his office, subsequent to the first day Compensation of January next : Provided, That the whole amount of compensation wpftn exceed thus allow'ed, shall not for any commissioner exceed two thousand dol- ^ident may? ara: ^ nii provided also, That'the President of the United States may, reduce the nntn- it he shall think proper, reduee, after the first day of January next, the ber of commis- number of commissioners on either or both boards, to one or two persons, an( j j n cage o f guph reduction the commissioner or commissioners con- LOUISIANA. 303 stituting the board, shall have the same powers which are vested by this act, or by the act to which this act is a supplement, in the board estab- lished by the act, to which this act is a supplement. The clerk of each Salaries of of- of the boards shall be entitled to receive at the rate of fifteen hundred fl cers. dollars a year ; the translators at the rate of six hundred dollars a year, and the agents employed by the Secretary of the Treasury at the rate of fifteen hundred dollars a year, from the first day of January next, to the time when each board shall respectively be dissolved. Provided, Proviso. That no more than one year's compensation be thus allowed to each of the said clerks, translators, and agents : And provided also, That the Secretary of the Treasury may discontinue either one or both of said agents, whenever he shall think it proper. SEC. 7. And be it farther enacted, That the commissioners appointed Commissioners for the purpose of ascertaining the rights of persons, claiming lands in a Y change the the Territories of Orleans and Louisiana, be, and they are hereby au- gesskms thorized, if they shall think it necessary, for the purpose of obtaining oral evidence, either in support of, or in opposition to claims, which evidence could not be given at the usual place of their sittings, without oppression to the parties or witnesses, to remove their sittings, or to send for that purpose, one or more members of the board, to such other place or places, within their respective districts, as they may think neces- sary : And each of the commissioners going for that purpose, to such other Com pensation place or places, shall, in addition to his compensation, receive at the for t ravel - rate of six dollars for every twenty miles, going to and returning from such place or places : Provided, That no commissioner shall receive in Proviso, the whole, on that account, more than for the distance, from the usual place of the sittings of the board to the extreme settlements within his respective district. SEC. 8. And be it further enacted, That each of the boards aforesaid, Boards to pro- shall prepare and cause to be prepared, the reports and transcripts, P are aud *** which by law they are directed to make to the Secretary of the Treas- theSecretary of ury, in conformity with such forms as he may prescribe ; and they shall Treasury accord- also, in their several proceedings and decisions, conform to such in- ing to forms pie structions, as the said Secretary may, with the approbation of the Pres- scribed by him. ident of the United States, transmit to them in relation thereto, (a) SEC. 9. And be it further enacted, That the surveyor of the public Surveyor of lands, south of Tennessee, be, and he is hereby directed to appoint a 1 * 11 ^, 11 ^ landa principal deputy for each of the two land districts of the Territory of 86 e to appoint de- Orleans, whose duty it shall be to reside and keep an office in the said puties. &c. districts respectively, to execute, or cause to be executed by the other Their duties, deputies, such surveys as have been or may be authorized by law, or as the commissioners aforesaid may direct ; to file and record all such sur- veys, to form as far as practicable, connected drafts of the lands granted in the district, so as to exhibit the lands remaining vacant, and gener- ally to perform in such districts respectively, in conformity with the regulations and instructions of the said surveyor of the public lands south of the State of Tennessee, the duties imposed by law on said sur- veyor. And each of the said principal deputies shall receive an annual Compensa- compensation of five hundred dollars, and in addition thereto, the fol- tions< lowing fees, that is to say : for examining and recording the surveys executed by any of the deputies, at the rate of twenty-five cents for every mile of the boundary line of such survey; and for a certified copy of any plot of a surve/in the office, twenty- five cents. (6) SEC. 10. And be it further enacted, That the President of the United Receiver of States be, and he hereby is authorized, whenever he shall think it proper, ?he wSt?rn di to appoint a receiver of public monies for the western district of the trict of Orleans Territory of Orleans, who shall receive the same annual compensation, may be appointed give security in the same manner and in the same sums, and whose by the President, duties and authorities shall in every respect be the same in relation to the lands which shall hereafter be disposed of at their offices, as are by law provided with respect to the receivers of public monies, in the several offices established for the disposal of the lands of the United States, north of the river Ohio, and above the mouth of Kentucky River. And the said receiver, and the register of the land office, for His compensa- the same district shall, whenever the public lands within the same tlon ' shall be offered for sale, be entitled to the same commissions and fees, which are by law respectively allowed to the same officers, north of the river Ohio, and above the mouth of Kentucky River, (c) SEC. 11. And be it further enacted, That the President of the United President may States be, and he is hereby authorized, whenever he shall think it aphorize a sale 304 LOUISIANA. of public lands proper, to direct so in nek of the public lands lying in the western district in the western o f the Territory of Orleans, as shall have been surveyed in conformity )r ~ with the provisions of the act to which this act is a supplement, to be Lands to be of- offered for sale. All such land shall, with the exception of the section fered for sale. " number sixteen," which shall be reserved in each township for the support of schools within the same ; (tf) with the exception also of an entire township to be located by the Secretary of the Treasury, for the use of a, seminary of learning,(e) and with the exception also of the salt springs, and lands contiguous thereto, which by direction of the President of the United States, may be reserved for the future [disposal] of the said States,(/) shall be offered for sale to the highest bidder, under the direction of the register of the land office, of the receiver of Days of sale to public monies, and of the principal deputy surveyor; and on such day be designated by or (lavSj ^ eha.ll, by a public proclamation of the President of the proclamation United States, be designated for that purpose. The sales shall remain How long to re- open for three weeks and no longer; the lands shall be sold for a price main open. not less than that which,has been, or may be fixed by law, for the public Prices, for each tlav ' 8 attendance on the said sales. All Lands remain- lands, other than the reserved sections, and those excepted as above ing unsold may mentioned, remaining unsold at the closing of the public sales, may be be disposed of at disposed of at private sale, by the register of the land office, in the same pr ^ at w ^ e ' man manner, under the same regulations, for the same price, and on the ner. and on what same terms and conditions as are, or may be provided by law, for the terms. sale of the lands of the United States in the Mississippi Territory. Patents how to And patents shall be obtained for all lands granted or sold in the Ter- ied ' ritory of Orleans, in the same manner and on the same terms, as is. or may be provided by law for lands sold in the Mississippi Territory.^) Locations SEC. 1*2. And be it further enacted, That the location or locations of made for General landj W ] 1 i c i 1 may j,e made in the Territory of Orleans, by Major-Geueral be re^efv^jLa Fayette, by virtue of the ninth [eighth] section of the act to which though contain- [this] act is a supplement, shall and may be received, though containing ing less than less than one thousand acres : Provided, that no such location or survey Proviso 8 shall contain less than five hundred acres, (/i) Survey of the SEC. 13. And be it further enacted, That the Secretary of the Treasury coast of the Ter- be authorized to cause a survey to be made of the sea-coast of the ritory of Orleans Territory of Orleans, from the mouth of the Mississippi to Vermilion Bay inclusively, and as much farther westwardly as the President of the United States shall direct, and also of the bays, inlets, and navi- Limitation of gable waters connected therewith: Provided, that the expense of such expense. survey shall not exceed five thousand dollars. # * 7f # ' # (a) See Xos. 699, 701, 703, 705, 708, 710, 712, 716. 718, 721, 722, 723, 724, 728, 731. 732. 737. 738, 739, 740, 745. 746, 749, 752, 753, 777, 790, 817. 819, 826, 852, 863, 864. 904, 911, 946, 956. 957. 961, 967. (6) See Xos. 701, 703, 708, 710, 718, 722, 724, 727, 730, 731. 777. 803. 858. (c) See Xos. 701. 708, 710, 711, 718, 731, 737. : 965. (d) See Xos. 418, 708, 710, 832, 834, 835, 837, 841, 843. 853, 859, 883, 884, 891, 8P4. -95. 003. (e) See Xos. 708, 710, 760. (/) See Xos. 70S, 710. (g) See Xos. 70S, 710, 720, 722, 720. 730, 731. 732, 761. 768. 786, 813, 18'. 849, 858, 8' 899,919,920,928. 963. (h) See Xos. 32, 700, 701, 708, 748a. 669. March 3. 1807. No. 705. AX ACT respecting claims to land in the Territories of Orleans and Lou- Vol. 2. p. 440. isiana. Part of the 1st Be it enacted, cfc., That so much of the first section of the act, intituled section of a for- "An act for ascertaining and adjusting the titles and claims to land mer act repealed, w ithin the Territory of Orleans and the District of Louisiana." as pro- complete tkfes" vides tbat no incomplete title shall be confirmed, unless the person in whose name the warrant or order of survey had been granted, was at the time of its date, either the head of a family, or above the age of twenty- one years, be and the same is hereby repealed. Residents in SEC! 2. And !>e it further enacted, That any person or persons, and the the Territories of i e g a i representative of any person or persons, who, on the twentieth Sant^con'fir'med dav of December, one thousand eight hundred and three, had for ten in their titles, if consecutive years prior to that day, been in possession of a tract of land in possession a not claimed by any other person, and not exceeding two thousand acres, I LOUISIANA. 305 and who were on that day resident in the Territory of Orleans or Louis- certain number iana, and had still possession of such tract of land, shall be confirmed successive in their titles to such tract of land : Provided, That no claim to a lead ye pro mine or salt spring, shall be confirmed merely by virtue of this section : And provided also, That no more land shall be granted by virtue of this section, than is actually claimed by the party, nor more than is con- tained within the acknowledged and ascertained boundaries of the tract claimed. SEC. 3. And be it further enacted, That the claim of the corporation of Claim of New the city of New Orleans, to the commons adjacent to the said city, and Orleans to the within six hundred yards from the fortifications of the same, be, and J^ the same are hereby recognized and confirmed : Provided, That the said corporation shall within six months after passing this act, relinquish Release to be ami release any claim they may have to such commons beyond the dis- nwtoby the cor- tauci- of six hundred yards aforesaid : Provided also, That the corpora- tion shall reserve for the purpose, and convey gratuitously for the pub- lic benefit, to the company authorized by the legislature of the Territory of Orleans, as much of the. said commons as shall be necessary to con- tinue the canal of Carondelet from the present basin to the Mississippi, and shall not dispose of, for the purpose of building thereon, any lot within sixty feet of the space reserved for a canal, which shall for ever remain open as a public highway: And provided also, That nothing Nothing herein herein contained, shall be construed to affect or impair the rights of any to 1 im .P^ ir 1 / i S ht ^ individual or individuals to the said commons, which are derived from J? sJ'an I Gov^ any grant of the French or Spanish Government, (a) eminent. SEC. 4. And be it further enacted, That the commissioners appointed or Claims to be to be appointed for the purpose of ascertaining the rights of persons decided accord- claiming land in the Territories of Orleans and Louisiana, shall have in S. to th f U8a e | full powers to decide according to the laws and established usages and ^ French^aml customs of the French and Spanish Governments, up,on all claims to Spanish Govern- lands within their respective districts, where the claim is made by any ments, in certain person or persons, or the legal representative of any person or persons, cases> who were on the twentieth of December, one thousand eight hundred and three, inhabitants of Louisiana, and for a tract not exceeding the quantity of acres contained in a league square, and which does not in- clude either a lead mine or salt spring, which decision of the commis- sioners when in favour of the claimant shall be final, against the United States, any act of Congress to the contrary notwithstanding. SEC. 5. And be it further enacted, That the time fixed by the act above Time fixed for mentioned, and by the acts supplementary to the same, for delivering to delivering no- the proper register or recorder, notices in writing and the written evi tic . es ?*, claims dences of claims to land, be, and the same is hereby extended, for the Terri- ex tories of Orleans and Louisiana, till the first day of July, one thousand eight hundred and eight, and persons delivering such notices and evi- dences shall be entitled to the same benefit as if the same had been delivered within the time limited by the former acts ; but the rights of Persons barred such persons as shall neglect so doing within the time limited by this y ho neglect giv- act, shall, so far as they are derived from or founded on any act of Con- ing notices > &c - gress, ever after be barred and become void, and the evidences of their claims never after admitted as evidence in any court of law or equity whatever. SEC. 6. And be it further enacted, That the commissioners appointed or Certificates of to be appointed for the purpose of ascertaining the rights of persons final decisions to claiming lands in the Territories of Orleans and Louisiana, shall respec- gnrveJo^neral tively transmit to the Secretary of the Treasury and to the surveyor- au d Secretary of general, or officer acting as surveyor-general, transcripts of the fina I the Treasury, decisions made in favour of claimants by virtue of this act, and they shall deliver to the party a certificate stating the circumstances of the case, and that he is entitled to a patent for the tract of land therein designated, which certificate shall be filed with the proper register or recorder, within twelve months after date. And the register or recorder Patents to is- shall thereupon (a plat of the tract of land therein designated, being ^ ue previously filed with him or transmitted to him by the officer acting as the> n Secretary of surveyor-general in the manner herein after provided,) issue a cert ifi- the Treasury, cate in favour of the party, which certificate being transmitted to the Secretary of the Treasury, shall entitle the party to a patent, to be issued in like manner as is provided by law for the issuing of patents for pub- lic lands lying in other Territories of the United States. $EC. 7. And be it further enacted, That the tracts of land thus granted Tracts of land by the commissioners shall be surveyed at the expense of the partie;-, thus granted to 20 L O VOL II 306 LOUISIANA. be surveyed at under the direction of the survey or- general, or officer acting as surveyor- ex j. oij.se of the general, in all cases where an authenticated plat of the land as sur- aoicurat^and 8 ^ veve(1 un(ler tlie authority of the officer acting as surveyor-general under thentic survey, the French, Spanish, or American Governments respectively, during the made under au- time either of the said governments had the actual possession of the thority of former 8a j t i Territories of Orleans and Louisiana, shall not have been filed with Srlep'n moar( | Sj nfty cents for oacll c l a i m> ( ] u j y n ] ed ac . cording to la\v, which remained undecided on the first day of July, one thousand eight hundred and nine, and on which a decision has been made subsequent to that day, or shall hereafter be made, whether such decision be in favour or against the claim : which allowance of fifty cents shall be paid at the Treasury of the United States, from time to time, and on receipt of the transcripts of the decisions and of the re- ports of claims not finally confirmed, as the same may be transmitted by the boards respectively to the Secretary of the Treasury according Compensation to law. To each of the said commissioners and clerks a further allow- ers &SF* >U " ance of five hundred dollars, to be paid after the completion of the busi- ness of each of the boards respectively, to the officers then in office. And to each of the translators, at the rate of six hundred dollars a year, and not to exceed in the whole for each the term of eighteen mouths : Prodded chcat/s, That the above-mentioned allowance of fifty cents for each claim decided upon, shall not be made to any of the commission- ers who may be absent at the time of such decision ; the attendance of t ^he allowance each to be certified by the clerk, or by a majority of the board : And pointed el b\ Q S.P |W *^ a? *i That no'allowance shall be made to any agent heretofore Secretary of the employed by the Secretary of the Treasury, for any period of time sub- Treasury after sequent to the time when such agent ceased to act, or when the board the time the cea . set | to rec eive evidence, (a) af t . SEC. a. And lc it further enacted, That the two principal deputy sur- Two principal voyors of the Territory of Orleans shall, and they are hereby author- deputy surveyors i zet i, in surveying and dividing such of the public lands in the said Territoi -v m av Territorv which are or may be authorized to be surveyed and divided, alter the mode ox as are adjacent to any river, lake, creek, bayou or water-course, to vary surveying cer- the mode heretofore prescribed by law, so far as relates to the contents tain iauds. o f t ne tracts, and -- to the angles and boundary lines --- and to lay out the same into tracts as far as practicable, of fifty-eight poles in front and four hundred and sixty-five poles in depth, of such shape, and bounded by such lines as the nature of the country will render Proviso. practicable, and most convenient : Provided however,That such deviations from the ordinary mode of surveying shall be made with the approba- tion of, and in conformity with the general instructions which may be given to that effect by the surveyor of the public lands south of the State of Tennessee. (I) Land offices es- SEC. 3. And be it further enacted, That for the disposal of the lands of tablishedatNewftuj United States, lying in the eastern land district of the Territory of elousas' for dis- Orleans, a land office shall be established at New Orleans ; and that for posing ' of the the disposal of the lands of the United States, lying south of Red River, public lands. in the western hind district of the Territory of Orleans, a land office shall be established at Opelousas ; and that for the disposal of the lands of the United States, lying north of Red River, in the western laud dis- trict of the Territory of Orleans, aland office shall be established, which shall be kept at sucli place as the President of the United States may direct. The register of the western land district of the Territory of Or- leans shall act as register of the land office of Opelousas, and as one of the commissioners for ascertaining the rights of persons claiming lands LOUISIANA. 309 in any part of the said western land district. And for the land office, north of the Red River, a register, and for each of the said three offices, a receiver of public monies shall be appointed, who shall give security in the same manner, in the same sums, and whose compensations, emol- uments, duties and authority, shall in every respect be the same, in re- lation to the lands which shall be disposed of at their offices, as are or may be provided by law, in relation to the registers and receivers of Eublic ironies in the several offices established for the disposal of the in ds of the United States, in the Territory of Mississippi, (c) SEC. 4. And be it further enacted, That the powers vested in the Presi- . Powers vested dent of the United States by the eleventh section of the act, entituled ^teml^t hT^ "An act supplementary to an act, entituled An act for ascertaining and as to ^ Q eas tern adjusting the titles and claims to land within the Territory of Orleans, district, and the District of Louisiana," passed on the twenty-first day of April, oue thousand eight hundred and six, in relation to the public lands lying in the western district of the Territory of Orleans, and all the other provisions made by the same section, for the sale of said lands, and for obtaining patents for the same, shall be, and the same are hereby in *very respect, extended to the public lands, lying in the eastern dis- 1 riot of the Territory of Orleans. SEC. 5. And belt further enacted, That every person who, either by Terms on vi i tue of a French or Spanish grant recognized by the laws of the United which persons States, or under a claim confirmed by the commissioners appointed for ouTlSs^avob the purpose of ascertaining the rights of persons claiming lands in the ta in those bekmg- Territory of Orleans, owns a tract of land bordering on any river, creek, ing to the public, bayou or water- course, in the said Territory, and not exceeding in depth forty arpens, French measure, shall be entitled to a preference in be- coming the purchaser of any vacant tract of land adjacent to, and back of his own tract, not exceeding forty arpens, French measure, in depth, nor in quantity of laud, that which is contained in his own tract>at the same price, and on the same terms and conditions, as are, or may be provided by law for the other public lands in the said Territory. And the principal deputy survey or of each district respectively, shall be and he is hereby authorized, under the superintendence of the surveyor of the public lands south of the State of Tennessee, to cause to be surveyed, the tracts claimed by virtue of thid section ; and in all cases where by reason of bends in the river, lake, creek, bayou or water-course border- ing on the tract, and of adjacent claims of a similar nature, each claim- ant cannot obtain a tract equal in quantity to the adjacent tract already owned by him to divide the vacant land applicable to that object be- tween the several claimants, in such manner as to him will appear most equitable: Provided however, That the right of pre-emption, granted by Limitation of this section, shall not extend so far in depth, as to include lands fit for grants, cultivation, bordering on another river, creek, bayou or water-course. And every person entitled to the benefit of this section shall, within three years after the date of this act, deliver to the register of the proper land office, a notice in writing, stating the situation and extent of the tract of land he wishes to purchase, and shall also make the payment and payments for the same, at the time and times, which are, or may be prescribed by law, for the disposal of the other public lands in the said Territory : the time of his delivering the notice aforesaid, being consid- ered as the date of the purchase. And if any such person shall fail to deliver such notice within the said period of three years, or to make such payment or payments at the time above mentioned, his right of pre-emption shall cease and become void ; and the land may thereafter bo purchased by any other person in the same manner, and on the same terms, as are or may be provided by law for the sale of other public lands in the said Territory. SEC. 6. And be it farther enacted, That the land offices, established by Periods of virtue of the fourth section of this act, shall be opened on the first day opening the land of January, one thousand eight hundred and twelve, for the sale of all ces - &c - the public lands, with the exception of section "No. sixteen " (d) of the eaii spiiugs, and land contiguous thereto, (e) and of the tracts reserved for the support of seminaries of learning as herein after provided, (/) which shall have been previously surveyed and the surveys thereof re- turned according to law to the registers of the land offices respectively ; and on the first day of February, one thousand eight hundred and twelve, for the sale of such of the public lands, which, from the nature of the country, cannot be surveyed in the ordinary way, and are embraced by the provisions of the third section of this act, as shall have, at least six 310 LOUISIANA. weeks previous to the said first day of February, one thousand eight hundred and twelve, been advertised for sale by the surveyor of the public lands south of the State of Tennessee, with the approbation of the President of the United States. The public sales for the lands, subdi- vided into quarter-sections in the ordinary way, shall be held for one calendar month, under the superintendence of the register and receiver of each land office respectively, and of either of the surveyors of public lands south of Tennessee, or of his principal deputy surveyor in thf dis- trict, who shall each receive six dollars for each day's attendance on the same; .and no tract of land shall be sold at said public sales, for a less price than that which is or may be prescribed by law, for the sale- of public lands in the Mississippi Territory. And from and after the first day of February, one thousand eight hundred and twelve, any tract which has been thus offered for sale at public sale, and remain's unsold, as well as any tract of land embraced by the provisions of tbe third section of this act, the sale of which is authorized by this section, may be disposed of at private sale by the register of the land office, tor the same price which is or may be prescribed by law, for the sale of public lands in the Mississippi Territory. All the lands, sold (by) virtue of this section, shall in.every other respect be sold on the same terms of payment and conditions, in the same manner, and under the same regu- lations as are or may be prescribed by law, for the sale of public lands Preference to in the Mississippi Territory : Provided however, That in case of an appli- inhabitants and cation being made at the same time, for the purchase at private sale of the same tract of land by two or more persons, one of whom did actually inhabit and cultivate such tract of land at the time of passing this act, and still continues to inhabit and cultivate the same at the time of such application ; the preference shall be given to the person thus inhabiting Proviso. and cultivating such tract of land : (g) And provided also, That till after the final decision of Congress thereon, no tract of land shall be offered for sale, the claim to which has been in due time, and according to law, presented to the register of the land office, and filed in his office, for the purpose of being investigated by the commissioners appointed for the purpose of ascertaining the rights of persons claiming lands in the Ter- ritory of Orleans; or which shall have been located by or for Major- General La Fayette, according to law. (h) Additional res- SEC. 7. And be it further enacted, That in addition to the township ervation in the already reserved for that purpose by law, in the western district of the western district. Territory of Orleans, and which shall be located south of Red River, another entire township shall be located by the Secretary of the Trea- sury north* of Red River, for the use of a seminary of learning, and also an entire township in the Territory of Louisiana, for the support of a seminary of learning within the said Territory. (/) Lands in the SEC. 8. And be it further enacted, That the surveyor-general shall cause Territory of Lou- such of the public lands in the Territory of Louisiana as the President be 8ur " of tl]e tanked States shall direct, to be surveyed and divided in the same manner and under tho same regulations and limitation as to expenses, as is provided by law in relation to the lands of the United States, northwest of the river Ohio, and above the mouth of Kentucky River. (&) A land oiSceto SEC. 9. And l)e it fur tin r enacted, That for the disposal of the lauds of be opened, at the United States, lying in the Territory of Louisiana, a land office Presiden C t e ^?J sha11 be established, which shall be kept at such place as the President designate for dis- of the United States may direct ; and a register and receiver of public posing of public monies shall be appointed for said office, who shall give security in the lands in Louisi- 8ame manner, in the same sums, and whose compensations, emoluments, ma, ffice. And to each of the translators, at the rate of six hundred dolla, s a year, and not to :ceed in the whole for each the term of eighteen, months: Provided ways, That the above-mentioned allowance of fifty cents for each claim cided upon, shall not be made to any of the commissioners who may absent'at the time of such decision; the attendance of each to be rtified by the clerk, or by a majority of the board : And provided also, at no allowance shall be made to any agent heretofore employed by 3 Secretary of the Treasury for any period of time, subsequent to the me when such agent ceased to act, or when the board ceased to receive violence, (a) SEC. 2. And be it further enacted, That the two principal deputy sur- Duties of the :yors of the Territory of Orleans shall, and they are hereby authorized, de surveying and dividing such of the public lands in the said Territory, ai hich are or may be authorized to be surveyed and divided, as are ad- u.t to any river, lake, creek, bayou, or water-course, to vary the .& heretofore prescribed by law, so far as relates to the contents of e tracts, and to the angles and boundary lines, and to lay out the same uto tracts as far as practicable, of fifty-eight poles in front and four hundred and sixty- five poles in depth, of such shape, and bounded by such lines as the nature of the country will render practicable, and most convenient: Provided however, That such deviations from the ordi- nary mode of surveying shall be made with the approbation of, and in conformity with the general instructions which may be given to that effect, by the surveyor of the public lands south of the State of Tennes- see. (&) * SEC. 3. And be it further enacted, That for the disposal of the lands of Land offices to the United States, lying in the eastern land district of the Territory of be established at Orleans, a land office shall be established at New Orleans ; and that for gS Orlean * and the disposal of the lands of the United States, lying south of Red River, * in the western laud district of the Territory of Orleans, a land office shall be established at Opelousas ; and that for the disposal of the lands of the United States, lying north of Red River, in the western land district of the Territory of Orleans, a land office shall be established, which shall be kept at such place as the President of the United States may direct. The register of the western land district of the Territory of Orleans shall act as register of the land office of Opelousas, and as one of the commis- sioners for ascertaining the rights of persons claiming lands in any part of the said western land district. And for the land office north of the Red River, a register, and for each of the said three offices a receiver of public monies shall'be appointed, who shall give security in the same manner, in the same sums, and whose compensations, emoluments, duties and authority, shall in every respect be the same, in relation to the lands which shall be disposed of at their offices, as are or may be provided by la\v, in relation to the registers and receivers of public monies in the several offices established for the disposal of the lands of the United States, in the Territory of Mississippi, (c) SEC. 4. And be it further enacted, That the powers vested in the Presi- Certain powers dent of the United States by the eleventh section of the act, entituled with respect to "An act supplementary to an act, entituled An act for ascertaining eastern 1& dft '**t and adjusting the titles and claims to land within the Territory of Or- O f Orleans Te^ri- leans, and the District of Louisiana," passed on the twenty-first day of tory ex'tended to April, one thousand eight hundred and six, in relation to the public the President, lands, lying in the western district of the Territory of Orleans, and all the other provisions made by the same section, for the sale of said lands, and for obtaining patents for the same, shall be, and the same are here- by, in every respect, extended to the public lands, lying in the eastern district of the Territory of Orleans, (d) SEC. 5 And be it further enacted, That every person who, either by virtue Persons enti- of a French or Spanish grant recognized by the laws of the United States, tied to a prefer- or under a cl im confirmed by the coma issioners appointed for the purpose ence - of ascertaining the rights of peisnns claiming lands in the Territory "f Orleans, owns a tract of land boidering on any river, creek, bayou, ~ water-course, in the said Territory, and not Exceeding in depth forty 314 LOUISIANA. arpens, French measure, shall be entitled to a preference in becoming the purchaser of any vacant tract of land adjacent to, and back of his own tract, not exceeding forty arpens, French measure, in depth, nor in quantity of land that which is contained in his own tract, at the same price, and on the same terms and conditions, as are, or maj Nj, provided by law for the other public lands in the said Territory. And the prin- cipal deputy surveyor of each district respectively shall be ami ue is hereby authorized, under the superintendence of the surveyor of the public lands south of the State of Tennessee, to cause to be surveyed the tracts claimed by virtue of this section ; and in all cases where by reason of bends in the river, lake, creek, bayou, or water-course, border- ing on the tract, and of adjacent claims of a similar nature, each claim- ant cannot obtain a tract equal in quantity to the adjacent tract already owned by him, to divide the vacant land applicable to that object be- tween the several claimants, in such manner as to him may appear most Proviso as to equitable : Provided however, That the right of pre-emption granted by the extent of the this section shall not extend -o far in depth, as to include lands lit for pre-emption. cultivation, bordering on another river, creek, bayou or water-course. And every person entitled to the benefit of this section shall, within three years after the date of this act, deliver to the register of the proper land office, a notice in writing, stating the situation and extent of the tract of land he wishes to purchase, and shall also make the payment and payments for the same, at the time and times, which are, or may be, prescribed by law for the disposal of the other public lands in the said Territory ; the time of his delivering the notice aforesaid being con- sidered as the date of the purchase. And if any such person shall fail to deliver such notice within the said period of three years, or to make such payment or payments at the time above mentioned, his right of pre-emption shall cease and become void ; and the land may thereafter be purchased by any other person in the same manner, and on the same terms, as are or may be provided by law for the sale of other public lands in the said Territory. When land of- SEC. 6. And be it further enacted, That the land offices established by fices established virtue of the third section of this act, shall be opened on the first day by this act to be o f January, one thousand eight hundred and twelve, for the sale of all the public lands, with the exception of section No. sixteen, (e) of the salt springs, and land contiguous thereto, (/) and of the tracts reserved for the support of seminaries of learning as herein after provided, (g) which shall have been previously surveyed, and the surveys thereof returned according to law to the registers of the land offices respect- ively ; and on the first day of February, one thousand eight hundred and twelve, for the sale of such of the public lands, which from the nature of the country cannot be surveyed in the ordinary way. and are embraced by the provisions of the second section of this act, as shall have, at least six weeks previous to the said first day of February, one thousand eight hundred and twelve, been advertised for sale by the surveyor of the public lands south of the State of Tennessee, with the approbation of the President of the United States. The public sales for the land subdivided into quarter-sections in the ordinary way, shall be held for one calendar month, under the superintendence of the register and receiver of each land office respectively, and of either the surveyor of public lands south of Tennessee, or of his principal deputy surveyor in the district, who shall each receive six dollars for each day's attend- ance on the same ; and no tract of land shall be sold at said public sales for a less price, than that which is or may be prescribed by law, for the sale of public lands in the Mississippi Territory. And from and after the first day of February, one thousand eight hundred and twelve, any tract which has been thus offered for sale at public sale, and remains unsold, as well as any tract of land embraced by the provisions of the second section of this act, the sale of which is authorized by this section, may be disposed of at private sale by the register of the land office, for the same price which is or may be prescribed by law, for the sale of public lands in the Mississippi Territory. All the lands sold by virtue of this section, shall in every other respect be sold on the same terms of payment, and conditions, in the same manner, and under the same regulations as are, or may be, prescribed by law, for the sale of public Proviso. lands in the Mississippi Territory: Provided however, Than [that] in case of an application being made at the same time, for the purchase at private sale of the same tract of land by two or more persons, one of whom did actually inhabit and cultivate such tract of land at the time of LOUISIANA. 315 passing this act, and still continues to inhabit and cultivate the same at the time of such application, the preference shall be given to the person thus inhabiting and cultivating such tract of land. And pro- Proviso. vided also, That till after the final decision of Congress thereon, no tract of land shall be offered for sale, the claim to which has been in due time, and according to law, presented to the register of the land office, and filed in his orifice, for the purpose of being investigated by the commissioners appointed for the purpose of ascertaining the rights of persons claiming lands in the Territory of Orleans; or which shall have been located by or for Major-General La Fayette, according to law. (eZ) SEC. 7. And he it further enacted, That in addition to the township An additional alreadv reserved for that purpose by law in the western district of the township to be Territory of Orleans, and which shall be located south of Red River, J^Sa TeiStSr another entire township shall be located by the Secretary of the Treas- f or seminary of ury north of Red River, for the use of a seminary of learning, and also learning. an' entire township in the Territory of Louisiana, for the support of a seminary of learning within the said Territory. (#) SEC. 8. And he it further enacted, That the surveyor-general shall cause Surveyor- gen- such of the public lands in the Territory of Louisiana, as the President eral to cause cer- of the United States shall direct, to be surveyed and divided in the Sliol2?d8 in same manner and under the same regulations and limitation as to ex- Territory of Lou - penses, as is provided by law in relation to the lands of the United isiana to be sur- States, northwest of the river Ohio and above the mouth of Kentucky veyed and divid- River. (6) SEC. 9. And he it further enacted, That for the disposal of the lands of Office to be es- tlie United States lyin be established, which the United States monies shall be appointed for said office, who shall give security in the same manner, in the same sums, and whose compensations, emoluments, duties and authority, shall in every respect be the same, in relation to the lands which shall be disposed of at their office, as are or may be provided for by law in relation to the register and receiver of public monies in the several offices established for the disposal of the lands of the United States, northwest of the river Ohio, and above the mouth of Kentucky River, (c) SEC. 10. And he it further enacted, That the President of the United Lands in Ter- States be, and he is hereby authorized, whenever he shall think proper, ritory of Louisi- to direct so much of the public lands lying in the Territory of Louisiana, gf 8 ^ e be as shall have been surveyed in conformity with the eighth section of this act, to be offered for sale. All such lands shall, with the exception of the section "number sixteen," which shall be reserved in eacih town- ship for the support of schools within the same, (e) with the exception also of a tract reserved for the support of a seminary of learning, (i>ration of Or- o f t j ie c [ t y o f Xew Orleans, to the common adjacent thereto, and with- etf valid. ^ * n 8 ' x hundred yards from the fortifications of the same, as confirmed by the act, entituled " An act respecting claims to lands in the Territo- ries of Orleans and Louisiana," shall be deemed valid, although the relinquishment of the said corporation to any claim beyond the said distance of six hundred yards was not made till after the expiration of the period of six months prescribed by the act last mentioned, (/i) Navigable riy- SEC. 12. And be it further enacted, That all the navigable rivers and era to be public waters in the Territories of Orleans and Louisiana shall be and for ever highways. remain public highways. Appropriation. SEC. 13. And be it further enacted, That a sum not exceeding forty thousand dollars be, and the same is hereby appropriated, for the pur- pose of carrying this act into effect, which sum shall be paid out of unappropriated monies in the Treasury. Repeal of the SEC. 14. And be it further enacted, That the act, entituled "An act pro- fan f Feb ' 15> vidiu S for tne final adjustment of claims to lands, and for the sale of the public lands in the Territories of Orleans and Louisiana," approved February the sixteenth, [fifteenth] eighteen hundred and eleven, be, and the same is hereby repealed, (t) (a) See Xos. 699, 701, 703, 704, 705, 708, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737, 736, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899, 904. 911, !!46, 956, 957, 961, 967. (6) See Xos. 701, 703, 704, 708, 718, 722, 724, 727, 730, 731, 777, 803, 858. (c) See Xos. 701, 704. 708, 711, 718, 731, 737, 740, 831, 879, 965. (d) See Xos. 704, 70^, 720, 722, 729, 730, 731, 732, 761, 768, 786, 813, 818, 849, 858, 860, 897, 899, 919, 920, 928, 963. (e) See Xos. 418, 704. 708, S32, 834, 835, 837, 841, 843, 853, 859, 883, 884, 891, 894, 895, 903. (/) See Xos. 704, 708. 0?) See Xos. 704, 708, 760. (h) See Xos. 705, 708, 713, 734, 739. (i) See Xo. 708. Dec. 12, 1811. No. 711. AX' ACT extending the time for opening the several land offices estab- Vol. 2, p. 668. lished in the Territory of Orleans. Further time Be it enacted, $-c., That so much of the sixth section of an act, enti- allo wed for open- tnled "An act providing for the final adjustment of claims to lands and ^AcTof rebel's for the 8ale of the P ublic lau(l8 in fche Territories of Orleans and Louisi- 1311, ' ' ana, and to repeal the act passed for the same purpose and approved Feb- ruary sixteenth, [fifteenth] one thousand eight hundred and eleven," as directs that the several land offices established in the Territory of Orleans shall be opened on the first day of January and on the first day of Feb- ruary, one thousand eight hundred and twelve, be, and the same is hereby repealed. Land offices to SEC." '2. And be it further enacted, That the said land offices shall, re- be opened on spectively, be opened on such day or days as the President of the brdeSatlcTby United States shall, by proclamation, designate for that purpose ; and the President. the public land shall, in every other respect, be offered for sale at the said offices in the same manner as is directed by the aforesaid act. () (a) See Xos. 701, 704, 708, 710, 718, 731, 737, 740, 831, 879, 965. March 10, 1812. No. 712. AX ACT giving further time for registering claims to land in the west- "Vol. 2, p. 692. em district of the Territory of Orleans. Further time Be i' enacted, fc., That every person or persons claiming lands in the given for regis- western district of the Territory of Orleans, who are actual settlers on tering claims in the land which thev claim, and whose claims have not been heretofore filed wi t b the register of the land office, for the said district, shall be allowed until the first day of November next, to deliver notices in writ- ing, and the written evidences of their claims to the register of the land office at Opelousas ; and the notices and evidences so delivered within the time limited by this act, shall be recorded in the same man- ner, 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 LOUISIANA. 317 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. 2. And 1)e it further enacted. That the register and receiver of Duties of the public monies of the said land office at Opelousas, shall have the same register and re- powers and perform the same duties in relation to the claims thus filed JjyjLfJ J f u the before the first day of November next, as if notice of the same had been i au and west of the river Perdido, and a line drawn with the general course thereof to the southern boundary of the said Mississippi Territory, the lauds within the said limits shall be laid off into two land districts, between which Pearl River shall be the boundary; and for each of which districts a commissioner for land claims shall be appointed by r the President of the United States, with the advice and consent of the to be appointed 1 Senate. The said commissioners shall, respectively, have power to ap- point a clerk, who shall be a person capable of translating the French C1 , and Spanish languages, and who shall, in addition to the other duties required of him by this act, perform the duties of translator, when re- 320 LOUISIANA. quired by the commissioner. And the said commissioners and clerk shall, before entering on the duties of their appointments, respectively Oath. take an oath or affirmation, truly and faithfully to execute the duties imposed on them by this act. () Commissioners SEC '2. And be it further enacted, That for the more convenient ascer- and clerks to at- tainment of the titles and claims to lands as aforesaid, it shall be the tlje 1>ar duty f eacn f the said commissioners, respectively, and their clerks, to attend in each of the several parishes in his district, at such time and place therein as he shall appoint, for the purpose of receiving no- tices and evidences of titles and claims to lands within the same; and when the commissioners shall have appointed the time and place for Twenty "lays' his attendance in any parish, he shall cause public notice thereof to be notice to be giv- given to the inhabitants of the same, for at least twenty days previous to the time of his commencing the business of his appointment therein. Each cornmis- SEC. 3. And be it further enacted, That each commissioner, after he shall sioner to keep an have attended for a reasonable and sufficient length of time in each par- ish of his district, for the claimants of lands within the same to have de- livered the notices and evidences of their claims, shall establish his of- fice at such place in his district as he shall judge most convenient, and of which he shall give public notice ; and every person claiming lands within his district, who shall have neglected, or by any circumstance have been prevented from delivering a notice and evidence of his- claims, daring the time the commissioner attended in the parish in which the lands he may claim are situate, shall be at liberty, at any Six months al- time before the end of six months from and after such office shall have lowed to deliver been established, to deliver a notice and the evidence of his claims; dence. * "' and [t sha11 ^ ave the 8ame effect as if delivered in the parish wherein the lands claimed are situated. Any French, SEC. 4. And be it further enacted, That every person claiming lands in British, or Span- the tract of country aforesaid, by virtue of any grant, order of survey, or other evidence of claim whatsoever, derived from the French, Brit- ish or Spanish Governments, shall deliver to the commissioner for land claims, when attending for the purpose, in the parish in which the lands claimed may lie, a notice in writing, stating the nature and ex- tent of his claims, together with the plat (in case a survey shall have To be delivered been made) of the tract or tracts claimed ; and shall deliver to the com- for recording. missioner when attending as aforesaid, for the purpose of being recorded, every grant, order of survey, deed, conveyance, or other written evi- dence of his claim ; and the same shall be recorded by the clerk, in Recording fees, books to be kept for that purpose, on his receiving from the party or parties at the rate of twelve and a half cents for every hundred word* contained in such written evidence of their claim : Provided hoicerer, Complete That where lands are claimed by virtue of a complete French, British French, British, or Spanish grant, it shall not be necessary for the claimant to have any or Spanish ot her evidence of his claim entered at large on the record, except the original grant or patent, together with the order of survey, and the plat; all the other conveyances or deeds maybe abbreviated in the entry ; but the chain of title, and the date of every transfer shall ap- Xeslect to give ptar on the record. And if such person shall neglect to deliver such n o t Fc e invali- notice iu writing of his claim, together with the plat (in case the lands dates the claim, claimed shall have been surveyed) as aforesaid, or cause to be recorded such written evidence of the same within the time and times as afore- . said, his claim shall never alter be recognized or confirmed by the And prevents United States ; nor shall any grant, order of survey, deed, conveyance, or proof of claim other written evidence, which shall not be recorded as above directed, against ^th^r ever after be considered or admitted as evidence in any court of the grants. United States, against any grant which may hereafter be derived from the United States. Duty and pow- SEC. 5. And be it further enacted, That the said commissioners shall er of commis- have power, in their respective districts, to inquire into the justice and sioners. validity of the claims filed with them as aforesaid : it shall be their duty to ascertain in every case, whether the lands claimed have been inhabited and cultivated ; at what time such inhabitation and culti- vation commenced ; when surveyed, and by whom and what authority ; and into every other matter respecting the* claims which may affect the justice and validity thereof; and for that purpose shall have power to administer oaths, and to compel the attendance of, and examine wit- nesses and such other testimony as may be adduced ; to have access to all records of a public nature, relative to the granting, sale, transfer or titles of lands within their respective districts, and to take transcripts LOUISIANA. 321 from such record or records or any part thereof ; and the evidence thus clerk to enter adduced and obtained, shall by the clerk, be entered in a book to be evidence, kept for that purpose, (b) SEC. 6. A nd be it further enacted, That the powers vested by law in Surveyor of tbe surveyor of the lands of the United States south of the State of lands south of Tennessee, shall extend over all the public lands in the said tract of p^^enES country, (c) SEC. 7. And le it further enacted, That the said commissioners shall re- Abstracts to be spectively, under such instructions as the Secretary of the Treasury made ont *? d * r : may, with the approbation of the President of the United States, trans- gSretary o| the mit to them in relation thereto, prepare, and cause to bo prepared, Treasury by the abstracts from the records of the claims filed as aforesaid, in which the commissioners, claims shall be arranged into classes, according to their respective merits, and other circumstances whereby they may be diversified ; the abstracts shall contain the substance of the evidence adduced in support of, or obtained respecting the claims, and shall contain such other informa- tion and remarks as may be necessary to a proper decision thereon, which abstracts the commissioners shall respectively, as soon as may be, report to the Secretary of the Treasury, and shall by him be laid before Con- gress at the next session thereafter for their determination thereon. SEC. 8. And ~be it further enacted, That the said commissioners be, and A list of actual they are hereby authorized and required to collect and report to Con- settlers to be gress, at their next session, a list of all the actual settlers on land in said J de by commis- districts, respectively, who have no claims to land derived either from ported 8 to Con- the French, British or Spanish Governments, and the time at which such gress. settlements were made. SEC. 9. And be it further enacted, That each of the said commissioners Kates of corn- shall be allowed as compensation for his services in relation to the said pensation. claims, at the rate of fifteen hundred dollars a year ; and each of the clerks, at the rate of one thousand dollars a year : Provided, that not Proviso, more than eighteen months' compensation be thus allowed to the com- missioner and clerk for the district east of Pearl River ; nor more than two years' compensation be allowed to the commissioner and clerk for the district west of Pearl River; and the commissioner for the eastern district, on making his report to the Secretary of the Treasury, as afore- said, shall be entitled to receive in addition seven hundred and fifty dollars, and his clerk five hundred dollars; and the commissioner for the western district, on making his report aforesaid, shall receive one thousand dollars, and his clerk seven hundred and fifty dollars; and the said allowances shall be in full for their services under this act. (&) (a) See Nos. 701, 704, 708, 710, 711, 731, 737, 740, 831, 879, 965. (b) See Nos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 721, 722, 723,724, 728, 731, 732, 737, 738, 739, 740, 745, 746, 749, 752, 753, 777, 790,817, 819, 826, 852, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 961, 967. (c) See Nos. 701, 703, 704, 708, 710, 722, 724, 727, 730, 731, 777, 803, 858. No. 719. AN ACT granting to the governor of the State of Louisiana, for the time April 29, 1812. being, and his successors in office, a lot of ground, and the buildings thereon, in Vol. 6, p. 108. the city of New Orleans. Be it enacted, $c., That all the right and claim of the United States to The right of the use, possession, and occupancy of a space, of three hundred and J*eTJnited States thirty-six by two hundred and twenty feet, of a lot of ground in the asdescribeTand city of New Orleans, bounded by Chartres and Levee streets, and by the Government Thoulouse street, and the lot of the widow Castillon, together with the house, &c.,tuere- house on the above described lot, known by the name of the Govern- on ' ve ^ e( L in r ^ e ment house, and the other buildings thereon, be, and the same are hereby, fsTana &c., for vested in, and conveyed to, the governor of the State of Louisiana for the use amt'bene- the time being, and his successors in the same office, for the sole use fit of the State, and benefit of the said State of Louisiana, forever : Provided, however, Proviso: this That this act shall not affect the claim or claims of any individual or act n ,t' to a f ct individuals, if any such there be. SviduTs &c. No. 720. AN ACT giving validity to the sale of certain tracts of public lands July 1 1812 sold in the western district of the Territory of Orleans, now State of Louisiana. Vol. 2, p. 774. Beit enacted, #c., That the sale of the several tracts of public lands Sales of lands sold in the month of January, one thousand eight hundred'and tweJvr. i the month of at the public sales held under the superintendence of the register of the 21 L O VOL II 322 LOUISIANA. January, 1812, land office, arid the principal tlepnty surveyor of the western district of madevalid. the Territory of Orleans (now State of Louisiana,) be, and the same is hereby made good and valid, to aH intents and purposes, any law to the Purchasers on contrary notwithstanding : and the purchasers of the said tracts shall complying with severally, on completing the payment of the purchase money, according tohav^aten'X to law > be entitled to receive a patent or patents for the lands so pur- chased 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 receiver of public monies, for the dis- trict within which the lands lie, shall have entered on the discharge of the duties of his office, (a) (a) See Xos. 704, 703, 710, 722, 729, 730, 731, 732, 761, 768, 786, 813, 818, 849, 858, 860, 897, 899, 919, 920, 928, 963. Feb 27, 1813. Ifo. 721. AX ACT giving further time for registering claims to lands in the east- Tol. 2, p. 807. em and -western districts of the Territory of Orleans, now State of Louisiana. Actual settlers Be it enacted, <$-c., That every person or persons claiming lands in the allowed a farther eas t ern or western district of the Territory of Orleans, now State of tbeir'claSms with Louisiana, who are actual settlers on the land which they claim, and the register of whose claims have not been heretofore filed with the register of the the land office at land office for the district wherein the lands lie, shall be allowed until Kew Orleans and tue g rgti 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 thou- sand 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. Claims for- SEC. '2. And be it further enacted. That every person or .persons who f eit ed that are bad filed his or their noticeA)f claim to lands lying within either of the not thus entered. gaid districts with the proper register of the land office, according to former laws, but have not exhibited any testimony or written evidence in support 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 Claims barred, of claim to lands in the same districts ; and the right of any such per- if not entered, sons neglecting to deliver the evidence of their claims as above men- tioned, 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. ' Same powers SEC. 3. And le it further enacted, That the register and receiver of given to the re- public monies of the said respective land offices at New Orleans and e L- a !!!!ivif,> O"elousas, shall have the same powers and perform the same duties in 001 vcr ot piioiic . * i 1* * rt * i T moneys at the every respect m relation to the claims that may be filed according to laud offices of tbo first section of this act, and the claims, notice of which had been Xew Orleans and gi ve u under former acts, and the evidence in support thereof shall have rf tbeeTainfs ljeen ^liven-d, according to the second section of this act, as the board had been filed be <>1 commissioners, for ascertaining and adjusting claims to lands iu the fore July, 1, 180. same districts, would have had or should have performed, if such notice had been filed, and such evidence delivered before the first day of July, one thousand eight hundred and eight, except, that their decisions shall be subject to the revision of Congress. AC.. SEC. 4. And be it furUn-r enacted, That it shall be the duty of the 'to rt'iv.;-: u> the register and receiver of each of the said land offices respectively, to LOUISIANA. Compensation. (a) See Xos. 699, 701, 703, 704, 705, 708, 710, 71-2, 716, 718, 722, 723, 724, 728, 731, 732, 737, 738, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 961, 967. Xo. R April 12 1814. Yo]. 3. p. 122. p; - ~ . AN" ACT for the final adjustment of land titles in the State of Louisiana and Territory of Missouri. Be it enacted, $c., That every person or persons, or the legal repre- sentatives of any person or persons claiming lands in the State of Lou- ante con firm e^l^n isiana, or the Territory of Missouri, by virtue of any incomplete French their titles or or Spanish grant or concession, or any warrant or order of survey, which claims. was granted prior to the twentieth of December, one thousand eight hundred and three, for lauds 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 whose claims have been filed with the proper register or recorder of land titles according to law, and are embraced in the report of the commissioners, or register, or recorder, for the district within which the lands claimed do lie, in every case where it shall appear by the said report of the com- missioners, register, or recorder, that the concession, warrant, or order of survey, under which the claim is made, contains a special location, or had been actually located or surveyed within the late Territory of Or- leaDs before the twentieth day of December, one thousand eight hun- dred and three, or actually located or surveyed within the Territory of Missouri, before the tenth day of March, one thousand eight hundred and four, by a surveyor duly authorized by the government making such grant, such persons shall be, and, they are hereby, confirmed in their claims: Provided, That no claim shall be confirmed by this section which shall have been adjudged by either of the boards of commis- sioners, or a register or receiver of public moneys, or a recorder act- ing as such, to be antedated or otherwise fraudulent : nor any one to claim a greater quantity of land than the number of acres contained in one league square; nor the claim of any person, in his own right, who has received, in his own right, a donation grant from the United States, in said State or Territory: And provided also, That no confirmation made by this section shall affect the rights of any person claiming the same lands or any part thereof, whose claim has been confirmed by a board of commissioners for ascertaining and adjusting claims to land in said State or Territory, nor preclude a judicial decision between private claimants in such interfering claims. SEC. 2. And be it further enacted, That every person or persons claim- ing lands in the said State or Territory, by right of donation under any S 1 **? 18 former laws, whose claims are contained in the report of any of the nrmed - boards of commissioners, or the report of the register and receiver of public moneys, or of the recorder of land titles, made or hereafter to be Proviso. Proviso. Certain other con- 324 LOUISIANA. made under existing laws, and which claims shall appear by the said reports not to have been confirmed, merely because the tracts claimed were not inhabited on the twentieth of December, one thousand eight hundred and three, such person or persons shall be and they are hereby Proviso. confirmed in their respective claims : Provided, That in every other re- spect such claims shall be embraced by the provisions, and conform to the limitations and restrictions, prescribed by former laws for granting the right of donations in the said State and Territory. Theproperreg- SEC. 3. And be it further enacted, That it shall be the duty of the sey- isters of land of- eral registers of the land offices, and of the recorder of land titles in. ficea and record- the state or Territory aforesaid, with whom the claims in their respec- to givethe nec^ ^ lve districts have been entered, which are confirmed by this act, in all es sary certifi- cases where the land has not been surveyed according to law, to make cates. ' out, for the principal deputy surveyor of the district in which the land lies, an order of survey for each tract of laud confirmed under this act, with a proper description of the tracts to be surveyed, wherein the quantity, locality, boundaries, and connection, when practicable, with each other, and the tracts which have been heretofore confirmed, shall be stated ; and on the return of the plat of survey, or where an order of survey is not necessary, the said register or recorder of land titles shall, on application for that purpose, make out for each claimant, en- titled thereto by the provisions of this act, a certificate of confirmation, directed to the' Commissioner of the General Land Office, and if [it] shall appear to the satisfaction of said Commissioner, that such certi- ficate shall 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. And the said register or recorder shall be entitled to receive from the person applying therefor, where he shall have previously issued an order of survey, for, such order of survey and certificate, the sum of one dollar and fifty cents, and for each certificate without an order of survey, the sum of one dollar, (a) Made the duty SEC. 4. And be it further enacted, That it shall be the duty of the prin- de ut 6 ^urve^or c *P a ^ deputy surveyor, on receiving an order of survey from the register to survey V t'h ) e or recorder of land titles, and the surveying fees from the claimant, lands designated which shall not exceed three dollars for every mile to be surveyed and by the orders of marked, to survey or cause to be surveyed, under the direction of the sur- veyor-general, or surveyor of the lands south of the State of Tennessee, the several tracts of land confirmed by this act ; and the said principal deputy surveyor shall make return of the surveys in separate plats to the register or recorder of the district within which the land lies, and also transmit to the surveyor-general, or surveyor of the lands south of the State of Tennessee, as the case may be, a plat or plats of the surveys directed to be made by this section, who shall respectively transmit copies thereof to the Commissioner of the General Land Office. (&) Actual settlers SEC. 5. And be it further enacted, That every person, and the legal rep- entitled to pre- resentatives of every person, who has actually inhabited,and cultivated a tract of land lying in that part of the State of Louisiana which com- posed the late Territory of Orleans, or in the Territory of Missouri, which tract is not rightfully claimed by any other person, and who shall not have removed from said State or Territory, shall be entitled to the right of pre-emption in the purchase thereof, under the same restrictions, conditions, provisions and regulations, in every respect as is directed by the act, entitled "An act giving the right of pre-emption in the pur- chase of lands, to certain settlers in the Illinois Territory," passed Feb- ruary fifth, one thousand eight hundred and thirteen, (c) (a) See Nos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 718, 721, 723, 724, 728, 731, 732, 737, 738, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899, 904.911,946,956,961,967. (b) See Xos. 701, 703, 704, 708, 710, 718, 724, 727, 730, 731, 777, 803. 858. (c) See Kos. 334, 704, 708, 710. 720. 729, 730, 731, 732, 761, 768, 786, 813, 818, 849, 858, 860, 897, 899, 919, 920, 928, 963. April 18, 1814. No. 723. AN ACT supplemental to an act, entitled "An act for ascertaining the Vol. 3, p. 137. titles and claims to lands in that part of Louisiana which lies east of the river Mississippi and i*la jd of New Orleans." Time extended Be it enacted, j-c , That the time for delivering notices and the evi- for filing claims. r the western district of the State of Louisiana, formerly Territory of )rleans, and recommended by them for confirmation, be, and the same hereby confirmed: Provided nevertheless, That under no one claim Proviso, ill any person or persons be emitled, under this act, to more than tin; lantity contained in a lengue square. SEC. 2. And le it further enacted, That all claims embraced in the Certain other jports of the recorder of land titles, acting as commissioner for ascer- claims contirm- iining and adjusting the titles and claims to land, in the Territory of [issouri, dated November first, one thousand eight hundred and fifteen, nd February second, one thousand eight hundred and sixteen, where the decision of the said commissioner is in favour of the claimants, shall 3, and the same are hereby confirmed, to wit : confirmations of village drns under the act of Congress of the thirteenth day of June, one >usand eight hundred and twelve : grants of the late board of com- missioners, appointed for ascertaining and adjusting the titles and claims to land in the Territory of Missouri, extended by virtue of the fourth section of the act of the third of March, one thousand eight hundred and thirteen ; grants and confirmations under the several acts of Con- gress, commencing with the act of the thirteenth day of June, one thou- sand eight hundred and twelve. SEC. 3. And le it further enacted, That in all cases not provided for by In cases not Jaw for patent certificates to issue, every person and the legal repre- [ a vid f \^ m b sentative of every person, whose claim to a tract of land is confirmed confirmed a pat- by this or any former act, and who has not already obtained a patent ent to issue, certificate for the same, shall, whenever his claim shall have been located and surveyed according to law, be entitled to receive from the register of the land office at Opelousas, in the State of Louisiana, or from the recorder of land titles in the Territory of Missouri, as the case may be, a certificate, stating that the claimant is entitled to a patent for such tract of land, by virtue of this act, for which certificate the officer issuing the same shall receive one dollar, and the certificate shall Fees, entitle the party to a patent for the tract of laud, which shall issue in like manner as is provided by law for patents to issue for lands pur- chased of the United States. (.) (a) SeeNos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 731, 732, 737, 738, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873. 889, 899, 904, 911,946,956,057,961,967. . 729, AN ACT concerning pre-emption rights given in the purchase of lands April 29, 1816. to certain settlers in the State of Louisiana, and in the Territory of Missouri and Vol. 3, p. 330. Illinois. . Be it enacted, assed February fifth, one thousand eight hundred and thirteen, and ;he fifth section of the "Act for the final adjustment of land titles in the State of Louisiana, and Territory of Missouri," passed April twelfth, one thousand eight hundred and fourteen, who is settled on a fraction of a section or fractional quarter-section, containing less than one hun- dred and sixty acres, shall have the privilege of purchasing one or more adjoining fractional quarter- sections, or the adjoining quarter-section, including their improvements, or the fraction improved by them, at their option ; and the provisions of the said recited acts are hereby- made applicable to them, so far as they are consistent with the provi- sions of this act. SEC. 2. And le it further enacted, That in cases where two or more How the >rsons entitled to the right of pre-emption, shall be settled upon one claims of several uarter or fractional quarter- section of land, each person shall be au- j^^ma 6 ^ horized to purchase one or more quarter-sections, or fractional quarter- be adjusted, sections, of the section or fractional section of land upon which they 328 LOUISIANA. an so settled; and the section or fractional section upon which such persons are settled shall be equally divided between them, in such manner as the register and receiver, within whose district the land lies, shall determine and direct, so as to secure, as far as may be practicable) to every such person their improvements respectively, and where the improvement of such person shall be upon two or more quarter-sections, such person shall be entitled to purchase the quarter-sections upon which his improvement shall be. (a) (a) See Nos. 704, 708, 710, 720, 722, 730, 731, 732, 761, 768, 786, 613, 818, 849, 858, 860 897 899, 919, 920, 928, 963. April 20, 1818. No. 73O. AN ACT authorizing the disposal of certain lots of puhlic ground in the Vol. 3, p. 465. city of New Orleans and town of Mobile. The President Be M enacted, <$-c., That the President of the United States shall have may abandon the power, and he is hereby authorized, whenever in his opinion it shall be u*e of the navy, consistent with the public interest, to abandon the use of the navy Kwmirai Sid bar- arsenal > military hospital, and barracks in the city of New Orleans, and racks in Xew Or- of Fort Charlotte, at the town of Mobile ; to cause the lots of ground leaus,andof Fort whereon the said arsenal, hospital, and barracks in New Orleans, and Charlotte, at Mo- Fort Charlotte, at Mobile, now stand, to be surveyed and laid off into the' '"gro^vrfd ^^ 8 ' w i tn suitable streets and avenues, conforming as near as may be, whereon they to the original plan of the city and town aforesaid, (a) and when the stand to be laid surveys are completed, one plat thereof shall be returned to the Secre- A Yattliereof tary of the Trea8Urv ; and another to such officer or agent as the Presi- to thw Secretary dent shall have authorized to dispose of the said lots; and the said lots of the Treasury, of ground shall be offered at public sale at the city of New Orleans and &', : . town of Mobile respectively, on such day or days as the President shall, offered J? Public by nis P roclama tion, designate for that purpose, in the same manner, sale, ..vc. an( i on the same conditions and terms of credit, as is provided by law for the sale of public lands of the United States, and patents shall be granted therefor, as for other public lands sold by the United States. (6) The President SEC. 2. And be it further enacted, That the President of the United ni ay cause Fort States is hereby authorized, as soon as in his opinion the public interest deniousned and wiil P ermi t? to cause the Fort St. Charles to be demolished, and the navy-yard 'to be uavy yard in said city to be discontinued ; and the lot of ground on discontinued. which the said fort is erected shall be appropriated to the use of a pub- A public lie square, and may be improved for that purpose by order of the cor- squure. poration of the said city, (c) (a) See Nos. 701, 703, 704, 708, 710, 718, 722, 724, 727, 731, 777, 803, 858. (&) See Nos. 704, 708, 710, 72C, 722, 729, 731, 732, 761, 768, 786, 813, 818, 849, 858, 860, 897, 899, 919, 920, 928, 963. (c) See No. 734. March 3, 1819. No. 731. AN ACT for adjusting the claims to land, and establishing land offices, Vol. 3, p. 528. in the districts east of the island of New Orleans. Claims found- Be it enacted, tfc., That all the claims to land, founded on complete ed on Spanish grants from the Spanish Government, reported to the Secretary of the abT^re oTt & It J rea8urv > ^y tne commissioners from the districts east and west of Pearl the^Secretary of River, appointed under the authority of an act, entitled "An act for the Treasury by ascertaining the titles and claims to lands in that part of Louisiana the commission- which lies east of the river Mississippi and island of New Orleans," trfcts 0n east and wnicQ are contained in the several reports of the commissioners, and west of Pearl which are, in the opinion of the cotnmissioners, valid, agreeably to the River, confirmed, laws, usages, and customs, of the said government, be, and the same are &r - hereby, recognized as valid and complete titles against any claim on the And on British part of the United States, or right derived from the United States : And that all claims founded on British grants, contained in the said reports, which have been sold and conveyed, according to the provisions of the treaty of peace, between Great Britain and Spain, of the third of Septem- ber, one thousand seven hundred and eighty-three, by which that part of Louisiana, lying east of the island of Orleans, was ceded to Spain, under the denomination of West Florida, or which were settled and cul- tivated by the person having the legal title therein, at the date of said treaty, are recognised as valid and complete titles, against any claim on the part of the United States, or right derived from the United Stales. Claims under SEC. 2. And he it further enacted, That all claims reported as afore- Spanish orders of ^ a id, and contained in the several reports of the said commissioners, mrvey, requeue, f oun( i t( } cn anv order of survey, requette, permission to settle, or any LOUISIANA. 329 jpuitteu evidence of claim, derived from the Spanish authorities, which &c., prior to 20th ought, iu the opinion of the commissioners, to be confirmed, and which Dec., 1803, &c., by the said reports appear to be derived from the Spanish Government, ab?y confirmed^ before the twentieth day of December, one thousand eight hundred and three, and the land claimed to have been cultivated and inhabited, on or before that day, shall be confirmed in the same manner as if the title had been completed : Provided, That in all such claims, where the plat Proviso, and certificate of survey, made prior to the fifteenth day of April, one thousand eight hundred and thirteen, under the authority of the Span- ish Government, in pursuance of such claim, has not been filed with the said commissioners, such claim shall not be confirmed to anyone person for more than twelve hundred and eighty acres ; and that for all the Grants as do- other claims to land comprised in the reports aforesaid, and which n ^ m " s ' ought, in the opinion of the commissioners, to be confirmed ; the claim- ant to such lands shall be entitled to a grant therefor as a donation : Provided, That such grant, as a donation, shall not be made to any one Proviso, person for more than twelve hundred and eighty acres; which confir- Confirmation matiou of the said incomplete titles and grants of donations, hereby pro- ^ incomplete ti- vided to be made, shall amount only to a relinquishrnent forever, on the nnfshm^nf for part of the United States, of any claim whatever to the tract of land so ever of the title confirmed or granted : And provided, also, That no such claim shall be of the United confirmed to any person to whom the title to any tract of land shall States, have been recognised under the preceding provisions. SEC. 3. And be it further enacted, That every person, or his or her legal Grants, as do- representative, whose claim is comprised in the lists, or register of claims, nations, ^in^ the reported by the said commissioners, and the persons embraced in the right of^settters 1 list of actual settlers, or their legal representatives, not having any &c., on or before written evidence of claim reported as aforesaid, shall, where it appears, I 5tl1 April, 1813, by the said reports, or by the said lists, that the land claimed or settled lh e C iiat pr & in on had been actually inhabited or cultivated, by such person or persons in whose right ho claims, on or before the fifteenth day of April, one thousand eight hundred and thirteen, be entitled to a grant for the land so claimed, or settled on, as a donation : Provided, That not more than Proviso, one tract shall be thus granted to any one person, and the same shall not contain more than six hundred and forty acres ; and that no lands No grant for shall be thus granted which are claimed or recognised by the preceding lands recognized sections of this act. (a) Jion P s reCedinS S6C " SEC. 4. And be it further enacted, That every person comprised in the Pre-emption said list of actual settlers, not having any written evidence of claim to rights to inhabi- land in said districts, and wbo, on the twelfth day of April, one thousand tants and culti- eight hundred and fourteen, shall have inhabited or cultivated a tract Jat^Aprn isi* of land in either of the said districts, not claimed by virtue of either of i n the case of the preceding sections of this act, shall be entitled to a preference, on lands not claim- becoming a purchaser, from the United States, of such tract of land, on ed by preceding the same terms and conditions, and at the same price for which the other se ' public lands are sold at private sale : Provided, That the first instalment Proviso. of the purchase money shall be paid to the receiver of public moneys of the district within which the laud lies, within two years after the open- ing- of the land office for such district, (b) SEC. 5. And be it further enacted, That for the purpose of adjusting A land office at the titles and claims to lands in the districts aforesaid, and for the dis- St. Helena Court- pi^alof the lands which may remain the property of the United States Jackson 8 Court* therein, a land office shall be established, in each of the said districts, house, to be kept, for the western district, at St. Helena Courthouse, and for the eastern district, at Jackson Courthouse ; and a register and receiver A register and of public moneys shall be appointed for each of the said land offices, receiver of pub- wlio shall give security in the same manner, and in the same sums, and lie moneys for whose compensation, duties, and authority, shall, in every respect, be e ' the same, in relation to the lands which shall hereafter be disposed of, at their respective offices, as are by law provided in relation to the other registers and receivers of public moneys for the several land offices of the United States, (c) SEC. 6. And be it further enacted, That every person or persons, claim- Claimants al- ing lauds in either of the said districts, whose claims have not hereto- fe^iaS, 4 1 d st fore been filed with the commissioner of the land office, of the district liver' notices, evi- wherein the lauds lie, shall be allowed until the first day of July, one dences, &o.', to thousand eight hundred and twenty, to deliver notices in writing, and the registers at the evidences of their claims, in the said districts, respectively, to the J*rtn & nd St. register of the land office at Jackson Courthouse and at St! Helena houSS Courthouse; and the notices and evidences so delivered, within the Notices, &c., J30 LOUISIANA. delivered in time, time limited by this act, shall be recorded in the same manner, and on to be recorded, the payment of the same fees, as if t&e same had been delivered before the commissioners closed their said registers. Persons who SEC. 7. And be it further enacted, That every person or persons, who bad filed notices had filed his or their notice of claims to land, within either of the said sioner of th^Snd districts ' with the commissioner cf the land office, according to the office, &c.. whose former laws, but have not exhibited sufficient testimony in support of claims have not the same, and whose claim has not been recommended for confirmation, been recommend- ^aii DO allowed until the first day of July, one thousand eight hun- tili ist"of Julv! dre at the rate of twenty-five cents for every mile of surveyor. " the boundary line of such survey ; and for a certified copy of any plat of a survey in the office, twenty-five cents ; and whose duty it shall be to survey, or cause to be surveyed, by his other deputies, the lands, the claims to which are confirmed, and that are directed to be granted as donations, where the same have not been already surveyed, and the lands which may be claimed by right of pre-emption, whenever directed by the register and receiver, and to execute such other surveys as may LOUISIANA. 331 be shall p r0 viso. Books of for- and be necessary for the ascertainment of the lands, the title or claim to which is embraced in the report of the commissioners aforesaid. And the said principal deputy surveyor shall make out particular plats of the surveys directed by this act, which he shall return to the register Expenseof sur- of the proper district ; and also, a general and connected plat, which veyiug paid by ll return to the surveyor of the lands south of the State of Ten- united he expense of surveying shall be paid by the United States : wided, The same shall not exceed, in the whole, four dollars a mile, every mile which shall be actually surveyed and marked, (d) SEC. 12. And le it further enacted, That the books of the former com- lissioners, in which the claims, and evidence of claims, are recorded, ball be lodged with the registers of the land office, for the respective ^ tllo listricts ; and the register and receiver of public moneys, in each re- ters, &c. ipective district, shall have power to examine the claims recognised, Register confirmed, or provided to bo granted, by the provisions of this act, as ^ed^c also, claims to the right of pre-emption ; and they shall make out to C i a i m8; each claimant, entitled, in their opinion, thereto, a certificate, according to the nature of the case, under such instructions as they may receive eaan from the Commissioner of the General Laud Office ; and on presentation entitled, &c. at the General Land Office, of such certificate for a confirmed claim, or The certificate for a donation, according to the provisions of this act ; and where it having been fair- shall appear, to the satisfaction of the Commissioner of the General latent toTsm'e & Land Office, that the certificate has been fairly obtained, according to the true intent and meaning of this act, then, and in that case, a patent shall be granted, in Tike manner as for other lands of the United States, (a} SEC. 13. And be it further enacted, That the President shall have power The President to appoint the register and receiver of public moneys for the said dis- m ^Y appoint the tricts in the recess of the Senate, who shall be nominated to them at cefver^fn the re- their next meeting. cess, &c. (a) SeeNos. 699, 701, 703, 704,705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 128, 732, 737, 7^8, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 961, 9(i7. (6) See Xos. 704. 708, 710, 720, 722, 729, 730, 732, 761, 768, 786, 813, 818, 849, 858, 860, 897, 899, 919, 920, 928, 963. (c) See Nos. 701, 704, 708, 710, 711, 718, 737, 740, 831, 879, 965. (d) See Nos. 701, 703, 704, 708, 710, 718, 722, 724, 727, 730, 777, 803, 858. No. 7 32. AN ACT supplement plementary to the several acts for the adjustment of land May 11, 1820. claims in the State of Louisiana. Vol. 3, p. 573. Be it enacted, $-c., That the claims for lands within the eastern district claims for of the State of Louisiana, described by the register and receiver of the lands in the eas- said district, in their report to the Commissioner of the General Land tern district of Office, bearing date the twentieth day of November, one thousand eight Louisiana, con- hundred and sixteen, and recommended in the said report for confirma- r tion, be, and the same are hereby, confirmed against any claim on the part of the United States. SEC. 2. And ~be it further enacted, That any person or persons, claiming Persons claim- lands within that part of Louisiana lying west of the river Mississippi, in S lands ^ es t of including the island of New Orleans, founded upon any Spanish grant, found^^u Sn concession, or order of survey, and whose claims have not heretofore been Spanish grants, filed in the proper office, may, from and after the first day of July next, &c. and until the thirty-first day of December thereafter, deliver notices, in Notices, &c., to writing, and the written evidences, of their claims, to the register of the be recorded, land district within which such lands may be situate, within the said State, and the said notices and evidences, so delivered, within the time limited by this act, shall, by the said registers, be recorded, in books to be kept for that purpose ; for which service a compensation shall be re- ceived, froni such claimants at the rate of twenty-five cents for every Twenty- five hundred words. And the rights of such persons as shall neglect so do- cents for every ing, within the time limited by this act, shall, so far as they are derived hundred words from, or founded on, any act of Congress, ever after be barred, and be- p erson s n eg- come void, and the evidences of their claims never after admitted as evi- lecting forfeit dence iu any court of the United States, against any grant derived from their rights, &c. the United States. SEC. 3. And lo it further enacted, That the said registers shall on the Registers to re- first day of January next, make, to the Secretary of the Treasury, a re- Prt to the Sec- port of all the claims filed in their respective offices, in pursuance of the TiSirv provisions of this act, together with the substance of the evidence in support thereof, with their opinion of the credit to which such evidence is entitled. 332 LOUISIANA. Persons claim- SEC. 4. And be it further enacted, That every person or persons, claini- uig lands under i ng lands within that part of Louisiana described in the preceding sec- bpani \. grants, ^ QQ ^ f oun d e( j U p O n any Spanish gi&nt, concession, or order of survey, who had filed their notices of claims in the proper office, according to former laws, and whose claims have not been confirmed, may, at any time before the thirty-first day of December next, deliver additional written evidence, or other testimony, in support of their claims, the no- tice of which had been filed as aforesaid, to the said registers ; and the Evidence to be evidence, so delivered, or offered, shall be recorded in books to be kept recorded. for that purpose; for which service a compensation shall be received, from such claimants, at the rate of twenty-five cents for every hundred Rights of per- words. And the rights of such persons as shall neglect so doing within sons neglecting, tne 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. Registers, on SEC. 5. And be it further enacted, That the said registers shall, on the the 1st of Jan., first day of January next, make, to the Secretary of the Treasury, a re- claini8 t0 in wfieh por * of the c * aims in which additional evidences shall have been filed in additional evi- their respective offices, together with the substance of the evidence so t further enacted, That the said registers, in addition to compensation to the compensation herein prescribed, shall receive, in full for the services the registers, in required of them, respectively, by this act, the sum of six hundred dol- lars, which shall be paid out of any money in the Treasury not otherwise appropriated. (a) SeeXos. 699, 701, 703, 704, 705, 708, 710. 712, 716, 718, 721, 722, 723, 724. 728. 731, 737, 738. 739, 740, 745, 746, 749, 752. 753, 777, 790, 817, 819, 826, 852, 863, 664, 873, 889, 899, 904, 911, 946, 956, 957, 961, 967. (&) See Xos 704, 708, 710, 720, 722, 729, 730, 731, 761, 768, 786, 813, 818, 849, 858, 860, S-97, 899, 919, 920, 928, 963. Feb. 28, 1820. No. 733. AX ACT confirming Anthony. Cavalier and Peter Petit in their claim to Vol. 6, p. 238. a tract of land. Claim to a tract ^ e ^ enacted, <|-c., That Anthony Cavalier, and Peter Petit, of the of land confirm- State of Louisiana, shall be, and they are hereby, confirmed in their ed. claim to a tract of land, containing two thousand and sixty-five acres, being an island in the Mississippi River, known by the name of Apple Island ; for which tract of land the said Anthony Cavalier and Peter Proviso. Petit shall be entitled to a patent : Provided, That nothing in this act shall affect the claim or claims of any person or persons to the same land, or any part thereof, derived from the United States, if any such there be, or the claim or claims of any other person or persons whatso- March 30 1822 No. 734. AX ACT supplemental to an act, entitled "An act authorizing the dis- Yol 3 p 661 posal of certain lots of public ground in the city of Xew Orleans and town of ' L_ Mobile." Corporation of Be it enacted, #c., That the corporation of the city of New Orleans be, XewOrleans ruay and are hereby, authorized to appropriate so much of the lot of ground LOUISIANA. which Fort St. Charles formerly stood, as may be necessary for con- sell so much of inning Esplanade street to the Mississippi River; and, also, to sell the ground on id convey that portion of the said ground which lies below said street : W aa jie 8 stoc*? as the proceeds of such sale shall be applied to the purchase of the ground may be necessary recessary for the opening of Victory street, and the public walk and for continuing Ely si an fields, and to such other purpose as the said corporation may Esplanade street. deem expedient, (a) (a) See Nos. 705, 708, 710, 713, 730, 739. No. 735. AX ACT for the relief of the legal representatives of Marie Therese. May 7, 1822. Be it enacted, #c., That the legal representatives of Marie Therese be, and they are hereby, confirmed in their title to a tract of land of three , . ln . and a half arpens in front and forty back, situated on the right bank Sct-of land of the Bayou Rapide, in the parish of Rapide, and State of Louisiana, bounded above by the lands of Joseph Renois, and below by lands for- merly owned by Bolon Layssard ; which boundaries shall be more par- ticularly designated, under the direction of the register of the land office of the district in which the said tract lies : Provided, however, That Proviso. nothing in this act shall be so construed as to weaken the claim of any third person. No. 736. AN ACT for the relief of Susan Berzat, widow, and the legal representa- May 7, 1822. tives of Gabriel Berzat, deceased. Vol. 6, p. 276. Be it enacted, <$-c.. That the right and title to six hundred and forty Title to land acres of land shall be, and the same are hereby, confirmed to Susan confirmed. Berzat, widow, and the legal representatives, of Gabriel Berzat, de- ceased, including the improvement made by the said decedent in his lifetime, in the parish of Avoyelles, in the State of Louisiana; the boundaries of which tract of. land shall be designated by the register of the land office of the district within which it is situated. No. 737. AN ACT supplementary to the several acts for adjusting the claims to May 8, 1822. land, and establishing land offices, in the districts east of the island of New Vol. 3, p. 707. Orleans, Be it enacted, one thousand eight hun- empowered to di- dred and nineteen, shall have power to direct the manner in which all rect the mamm l.uids claimed in virtue of the preceding sections shall be located and in which the surveyed ; and also to direct the location and manner of surveying all lances si lo- tbe claims to land recognised by the second, third, and fourth, sections of an act, entitled "An act for adjusting the claims to land, and estab- lishing land offices, in the districts east of the island of New Orleans," approved on the third day of March, one thousand eight hundred and nineteen, having regard to the laws, uq^ges, and customs, of the Span- ish Government on that subject ; and having regard also to the mode adopted by the Government of the United States in surveying the claims to land confirmed by virtue of the second and third sections of an act of Congress, entitled "An act regulating the grants of lands, and pro- viding for the disposal of the lands, of the United States, south of the State of Tennessee, approved on the third March, one thousand eight hun- The registers dred and three. And that, in relation to all such claims which may au d receivers conflict, or in any manner interfere, the said registers and receivers of pub- may decide on \[ c moneys of the respective districts shall have power to decide between claims. &c. * g tbe parties, and shall, in their decision, be governed by such conditional lines or boundaries as may have been agreed on between the parties. either verbally or in writing, at any time prior to the passage of this act. Bat, upon the decision of those claims alluded to, which may con- flict or interfere, and in relation to which the parties interested have agreed on no conditional lines or boundaries as to the manner of loca- ting the same ; the said registers and receivers of the respective districts shall make an equal division of the land claimed, so as to allow each Proviso. party his or their improvements: Provided, however, That, should it be made appear, to the satisfaction of the register and receiver of public moneys of the respective districts, in any such case, that the subsequent settler bad obtruded on the claim of the former, and had made his establishment after having been forbid so to do, the said registers and receivers of public moneys shall have power to decide between the parties, according to the circumstances of the case and the principles of justice. Patents for SEC. 5. And be it further enacted, That patents shall be granted for all lands to be lands confirmed by virtue of the provisions of this act, in the same man- granted as for n er as patents are granted for lauds confirmed under former acts, to fands e confirmed whic]l ^ ^ & 8np * lement . acts. SEC. 6. And be it further enacted, That to every person who shall ap- Persons enti- pear to be entitled to a tract of land, under the second and third sec- tied to tracts to t i ons of this act, a certificate shall be granted, by the register and wlthYrtttcatee receiver of the district in which the land lies, setting forth the nature ' of the claim and the quantity allowed; for which certificate the party F >. in whose favour it issues shall pay one dollar, to be divided between the said receiver and register. () The President SEC. 7. And be it further enacted, That the President of the United authorized to re- States be, and he is hereby, authorized to remove the land office from v '- f knd St. Helena Courthouse to such other place, within the said districts, as Helena cTnrt he ma y deem suitable and convenient. (&) house. ) (a) See Nos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737, 738, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899 904, 911, 946, 956, 957, 961, 967. (b) See Nos. 705, 708, 710, 713, 734. No. 740. AN ACT providing for the the examination of the titles to land in that March 3, 1823. part of the State of Louisiana, situated between the Rio Hondo and the Sabine Vol. 3, p. 756. River. Bt It enacted, <$-c., That all that tract of country situated between the Land between Rio Hondo and Sabine River, within the State of Louisiana, and, pre- th -p . H< ^ viously to the treaty of the twenty-second of February, one thousand |J lithe* 6 State eight hundred and nineteen, between the United States and Spain, of' Louisiana, at- called the Neutral Territory, be, and the same is hereby, attached to the tached to thedis- distiict south of Red River (a), and the register and receiver of the*F. ict80ut k f '- R ' e(l land office, in said district, are required to receive and record all written Blister and evidences of claim to land in said tract of country, derived from, and receiver to re- issued by, the Spanish Government of Texas, prior to the twentieth day ceive and record of December, one thousand eight hundred and three, according to the no< regulations, as to the granting of lands, the laws and ordinances of said government, and to receive and record all evidences of claim, founded on occupation, habitation and cultivation, designating particularly the time and manner in which each tract was occupied, inhabited, or culti- vated, prior to, and on, the twenty-second February, eighteen hundred and nineteen, and the continuance thereof subsequent to that time, with the extent of the improvement on each tract, and to receive and record such evidence as may be produced, touching the performance of the conditions required to be performed by any holder of any grant, concession, warrant, or order of survey, or other written evidence of claiiu, and on which the validity of such claim may have depended under the government from which it emanated, and to receive and 336 LOUISIANA. record all evidence of frawd in obtaining or issuing the written evidence of such claims, and of their abandonment or forfeiture. Register and SEC. 2. And be it further enacted. That the register and receiver, as recdvei to trans- aforesaid , shall transmit to the Secretary of the Treasury, a complete record of a11 r . h claims presented to them under this act. and the evi- . ury a record of dence appertaining to each claim, and shall also make out and transmit, all claims, the evidence. number of claims, in four distinct classes, the first of which shall con- S , , claims, ;md to the Secretary of the Treasury, an abstract containing the whole claims S tain a specification of the nature and extent of complete titles, the time when, and by whom, issned, and to whom, with the date of any trans- fer, the name of the person transferring, and to whom transferred, and where the conditions of such grant or patent have been complied with ; the second shall contain all claims founded on written evidence and not embraced in the first class, and where the conditions on which the per- fection thereof into complete titles may have depended, according to the laws and ordinances of the Spanish Government, are shown to have been complied with : the third class shall consist of claims founded on habitation, occupation, or cultivation, previously to twenty-second of February, one thousand eight hundred and nineteen, and in the manner which would have entitled the claimants to a title under the govern- ment exercising the sovereign power over that tract of country, and which, in their opinion, ought to be confirmed ; the fourth class shall consist of those claims, which, in the opinion of the register and re- Proviso ceiver, ought not to be confirmed : Provided, That nothing contained in this act shall be considered as a pledge on the part of Congress to con- firm any claim thus reported. Register and SEC. 3. And be it further enacted, That it shall be the duty of the regis- receiver to hold ter and receiver aforesaid, after suitable notice to claimants, of the Xatehitoches! time and place of their meeting, and the object thereof, be given by them, to hold their session at Natchitoches, so long as may be necessary for the performance of the dnties herein prescribed, and shall be allowed the sum of five hundred dollars each, as a full compensation for the services required to be performed by this act. (6) (a) See Xos. 701, 704, 708, 710. 711, 718, 731, 737, 831, 879, 965. (b) See Xos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731. 732. 737, 738, 739, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, B 904, 911, 946, 956, 957, 961, 967. May 4, 1824. No. 741. AX ACT for the relief of Celestin Moreau, of Louisiana. Vol. 6, p. 295. Se it enactdt f c Tnat Celestin Morean, of the county of Rnpide, iu Claim confirm- the State of Louisiana, be, and he is hereby, confirmed in his claim TO ed to land in Lou- four hundred superficial arpens of land, situate in the Bayou Rouge Prairie, in the county aforesaid, agreeably to his notice of claim, filed on the thirtieth day of July, one thousand eight hundred and twelve, Proviso. with the register of the western land district of Opelousas : Provided,. That this confirmation shall only operate as a release of the title of the United States to 4:he said tract of land, and not affect the claim of any other person to the same. May 19, 1824. No. 742. AX ACT for the relief of Joseph Firman and others. Vol. 6, p. 308. Be }t en((cted ^ j. c ^ That Joseph Firman, and others, of the parish of Joseph Firman Avoyelles, in Louisiana, who hold under a grant made about the year and others, of seventeen hundred and eighty-two, or three, to one Beaumond, an offi- tiral S d"in' their cer under tne late Spanish Government in Louisiana, be, and they are titles to a tract hereby, confirmed in their title or titles to a tract of land, twenty arpens of land. in front, with the depth of forty arpens, in proportion to the quantity of land which each one holds from the said Beaumond ; the said tract be- ing the same which the said Joseph Firman, and others, or those under whom they hold, have inhabited and cultivated for more than thirty years ; the boundaries of which said tract of land to be more particu- larly designated under the direction of the register of the land office Proviso. at Opelousas, in Louisiana : Provided, This section shall only operate as a relinquishment on the part of the United States, and shall not affect the rights of any third person. Sums paid by SEC. 2. And be it further enacted, That the Secretary of the Treasury them to the Um- be, and he is hereby, directed to cause to be refunded to the said Joseph ted State 8 to De Firman, and others, or their legal representatives, any sum or sums of money which he or they may have paid to the United States, for the purchase of said tract of land, or any part thereof. LOUISIANA. 337 No. 743. AN ACT for the relief of Maturin Guichot. May 19, 1824. Beit enacted, <$-c., That Maturin Guichot, an inhabitant of the parish of Avoyelles, in the State of Louisiana, or his legal representatives, be, The title of and he or they are hereby, confirmed in their title to a tract of land, of ten arpeus in Irout, with the depth of forty arpens, situated in the in Avoyelles, parish of Avoyelles, in the State of Louisiana, and being the same land Louisiana, con'- which the said Maturin Guichot, or those under whom he holds, have firmed. actually cultivated and inhabited for thirty years, and which said tract of land was originally granted to one Baptiste Duplechin, the bounda- ries of which are to be more fully and particularly designated under the direction of the register of the land office of the district in which said land lies: Provided, This section shall operate only as a relinquishrnent Proviso. on the part of the United States, and shall not affect the rights of any third person. SEC. 2. And be it further enacted, That the Secretary of the Treasury of Money paid by the United States be, and he is hereby, directed to cause to be refunded him to the Unit- to the said Maturin Guichot, or his legal representatives, any sum of j~. st tes to be money which he may have paid to the United States for the purchase of said tract of land, or any part thereof. No. 744. AN ACT to authorize the President to exchange five arpens of land on May 26, 1824. the south side of the public lot at Baton Kouge for an equal quantity of land on the Vol. 6, p. 315. north side of said lot. Be it enacted, #c., That the President of the United States be author- The President ized to exchange five arpens of land, on the south side of the public lot, authorized * ex - in the town of Baton Rouge, Louisiana, for an equal quantity of land the^outh side of on the north part of the said lot, which has been confirmed to the heirs public lot in Ba- of Eulogia de Casas ; and to give and receive such titles as he may deem ton Rouge, for proper for perfecting said exchange. No. 745. AN ACT supplementary to the several acts providing for ascertaining May 26, 1824. and adjusting the titles and claims to land in the St. Helena and Jackson Court- Vol. 4, p. 59. house land districts. Be it enacted, in the 8aid district, as shall be designated by the President of the proper. United States. (a) See Nos. 699, 701, 703, 704, 765, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737, 738, 739, 740, 746, 749, 753, 753, 777, 790, 817, 819, ff26, 852, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 961, 967. May 26, 1824. No. 746. AX ACT supplementary to "An act providing for the examination of VoL 4, p. 65. titles to land in that part of the State of Louisiana situated between the Rio Honda [Hondo] and the habine River." The powers Be it enacted, that tract of c . ountr y known and called by the name of "the Neutral Territory," lying east of the present western boundary of Louisiana, and west of the limits to which the land commissioners have heretofore examined titles and claims to land in said State ; and in the examina- tion of claims to land within the aforesaid limits, the register and receiver shall, in all respects, be governed by the provisions of the aforesaid act. (a) The register SEC. 2. And be it further enacted, That the register and receiver of said and receiverto land offices shall, severally, receive, as a full compensation for the duties receive each $200. re qui re d of them by this act, the sum of two hundred dollars, when- ever they shall have finished the business required to be performed by them, by this act, and the'act to which this is a supplement, and have forwarded their reports to the Secretary of the Treasury. (a) See Nos. 699, 701. 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728,731, 732, 737, 738, 739, 740, 745, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 961, 967. May 26, J824. No. 747. AN ACT granting a tract of land to the inhabitants of the pariah of VoL 6, p. 318. Point Coupee, on certain conditions. A tract of land Be it enacted, #c., That the right of the United States to a tract of on the Mississip- land, forty arpens front, upon the Mississippi River, and running back tothe V inhabft^n e ts the de P th of fort y ar P ens > at a remarkable bend on said river, be, and of the parish of tlie same is hereby, granted to the inhabitants of the parish of Point Point Co'ipee. Coupee, within which said land is situated, on condition that said parish shall, at all times, hereafter, keep a good and sufficient levee in front of said land, upon the river Mississippi ; and, if they should, at any time hereafter, cease to keep up such good and sufficient levee, the land shall revert to the United States. May 26, 1824. No. 748. AN ACT granting a tract of land to the parish of "West Baton Rouge, on Vol. 6 p. 319. certain conditions. Be it enacted, $c., That the right of the United States to a tract of ., T 'V . , ri S|rt of i andj O f a bout eight arpens front, on the Mississippi River, be, and the tea tract of land 8ame is hereby, granted to the inhabitants of the parish of West Baton granted to 'the Rouge, within which said land is situated, on condition that said parish LOUISIANA. 339 shall, at all times, keep, or cause to be kept, a good and sufficient levee parish of "West -on said land, in front on the river Mississippi ; and if they should at Baton Rouge on any time hereafter cease to keep, or cause to be kept, a good and suffi- co Lon ' &G - cicnt levee, the land shall revert to the United States. ! No. 748. AN ACT concerning General Lafayette. Dec. 28, 1824. Be it enacted, $-c., That, in consideration of the services and sacrifices o '. P- ? of General Lafayette, in the war of the Revolution, the Secretary of $200,000 to be the Treasury be, and he is hereby, authorized to pay to him the sum of P aid General La two hundred thousand dollars, out of any money in the Treasury, not*^ 6 " 6 ' 'Otherwise appropriated. SEC. 2. And he it further enacted, That there be granted to the said One township General Lafayette and his heirs, one township of land, to be laid out ^^^.J be and located under the authority of the President, in any of the unap- *"' propriated lands of the United States, (a) (a) See Nos. 32, 700, 701, 704, 708, 869. No. 749. AN ACT confirming certain claims to lands in the western district of Feb. 5, 1825. Louisiana. Vol. 4, p. 81. Be it enacted, #c., That all the claims to land embraced in the report Report O f the made by the commissioners appointed for adjusting the titles and claims commissi oners to land in the western district of Louisiana, upon the thirtieth day of for adjusting the December, eighteen hundred and fifteen, and recommended by them for titles-. &c., to a confirmation, be, and the same are hereby, confirmed : Provided, That JJJ a SAric? 6 of no person or persons shall be entitled, by any one claim, to a greater Louisiana, con- quantity than one league square under this act. (a) firmed. (a) See Nos. 699, 701, 703, 704, 705, 708, 710, 719, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737, 738, 739, 740, 745, 746, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 961, 967. RNo. 750. AN ACT for the relief of Malachi Burns. March 3 1825 Be it enacted, #c., That the Commissioner of the General Land Office, Vole, p.' 321. on application, cause a patent to be issued to Malachi Burns, or his Land patent to legal representatives, for three hundred and two arpens of land, situated be issued to him in the parish of Feliciana, in the State of Louisiana, according to the for 302 arpens of boundaries of a plat thereof, made for Edward Metcalf, on the seventh -day of January, one thousand eight hundred and seven : Provided, This Provi80 act shall not prejudice or in any wise affect the rights of any third person. No. 751.-AN ACT for the relief of the representatives of Noel Soileau, deceased. Mar h 3 > V ol. 6, p. Be it enacted, <$'c., That the heirs and legal representatives of Noel Soileau, deceased, be, and they are hereby, confirmed in their claim to fl ;? heir cla / m *9 six hundred and forty acres of land, lying near the Bayou Crocodile, in JJ Lo3anaco the Grand Prairie, in the county of Opelousas, in the State of Louisiana; firmed, it being the same on which Hilaire Bordelou resided in the year one thousand eight hundred and fourteen : Provided, This act shall be con- Proviso - sidered only as a reliuquishment on the part of the United States, and as not operating to the prejudice of any third person. No. 752. AN ACT to confirm the supplementary report of the commissioners of the March 31 , 1826. western district of Louisiana. V ol. 4, p. 152. Be it enacted, #c., That the claims marked B, described in the supple- Certain claims mentary report of the commissioners of the western district of the State described in the of Louisiana, dated the llth of May, one thousand eight hundred and supplementary fifteen, and recommended by them for confirmation, be, and the same|;^^J 8 gj *jJJ are hereby, confirmed in the same manner, and under the same restric- of the western tions, as the report, to which this was supplementary, was confirmed, district of Lou- by the act of the twenty- ninth of April, one thousand eight hundred i8 , iana > confirm- and sixteen, (a) ed< (a) See Nos. 699, 701, 703, 704, 705, 708, TlO, 712, 716, 718,721, 722, 723, 724, 728,731, 732, 737, 738, 739, 740, 745, 746, 749, 753. 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 809, 904, 911, 946, 956, 957, 961, 967. 340 LOUISIANA. May 4, 1826. No. 753. AN ACT supplementary to the several acts for ascertaining titles and Vol. 4, p. 159. claims to lands in the St. Helena and Jackson Courthouse land districts. Claims to land Be it enacted, for the term of twelve months from the passing of this act, the allowed by law. same salary for the performance of the duties required of them by this act, and the acts to which this is a supplement, as is now allowed by law, which shall be paid out of any money in the Treasury, not other- wise appropriated. (a) SeeNos. 699, 701, 703, 704, 705, 708, 710, 712, 716,718,721,722,723,724,728,731,732, 737, 738, 739, 740, 745, 746, 749, 752, 777, 790, 817, 819, 626, 852, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 961, 967. May 15, 1826. No. 754. AN ACT for the relief of Moses Kenney. To , p. 340. Be it enacted, in his title to a tract of land of one hundred and ninety-five arpens, Confirmed in 'situated on Thompson's creek, in the parish of West Feliciaua, Louisiana, his title to land between lands owned by Moses Samples below, and Levi Lush above ; m and shall be entitled to patent therefor, upon exhibiting a survey of the same to the Commissioner of the General Land Office : Provided, how- Proviso. ever. That this act be construed to operate merely as a relin quishment of title on the part of -the United States, and not to prejudice the rights of any third person. No. 758. AN ACT for the relief of Garrigues Flaujac, of Louisiana. May 20, 1826. Be it enacted, #c., That Garrigues Flaujac, of the county of Opelousas, in the State of Louisiana, or his legal representatives, are hereby au- Authorized to thorized and empowered to locate a certain tract of land, derived from * oca * e a certain an order of survey in favor of Louis Berten D'Antilly, for three thou- Louisiana eand two hundred superficial arpens of land, being forty arpens in front, by forty arpens in depth, on both sides of the Bayou Gross Tate, in Louisiana, and which said tract of laud was confirmed by au act of Congress, dated the twenty-eighth day of February, one thousand eight hundred and twenty- three, in conformity with the report of the register and receiver of the eastern land district of Louisiana ; the said tract of land, thus confirmed, having been surveyed and sold by the United States ; which location shall be made upon any of the unappropriated public lands in the southwestern district of Louisiana, south of Red River : Provided, That the said location shall, as far as possible, be made Proviso. in one body, and conform, as near as practicable, to the lines of the public surveys: And provided also, That the said Garrigues Flaujac, or Proviso. his legal representatives, before such location, shall release to the United States, in such manner as the Commissioner of the General Land Office shall direct, all his right, title, claim, and interest, in the land heretofore confirmed to him, on the said Bayou Gross Tate ; and the said release and location shall be made in one year from and after the passage of this act. (a) (a) See Nos. 805, 855. No. 759. AN ACT for the relief of the heirs and legal representatives of Louis de March 2, 1827. la Hoassaye, deceased. Vol. 6, p. 360. Be^it enacted, $c., That the heirs and legal representatives of Louis de Confirmed in la Houssaye, deceased, be, and they are hereby, confirmed in their title jjj^jj; ti^ 6 * . a to a certain tract of land lin in the State of Louisiana one leaue in lying in the State of Louisiana, one league Louisiana length, and fronting upon each side of the Bayou Cailloux, and of the ordinary depth ; and that the Commissioner of the General Land Office, upon the presentation of a plat and certificate of survey of said tract 342 LOUISIANA. of land, executed by a proper officer, issue a patent for the same, which tent shall operate as a relinquishment only on the part of the United tates. (a) (a) See No. 877. S?. March 3, 1827. No. 760. AN ACT concerning the location of land reserved for the use of a semi- Vol. 4, p. 244. nary of learning, in the State of Louisiana. Secretary of Be it enacted, $-c., That the Secretary of the Treasury be, and he is- the Treasury to hereby, authorized to locate a quantity of land, not exceeding two en- locate a certain tire townships, reserved by the eleventh section of the act of the twen- fo seminaryof ty-firet April, eighteen hundred and six, and by the seventh section of learning. the act of the third of March, eighteen hundred and eleven, for the use of a seminary of learning in the State of Louisiana, on any of the pub- lic lands in said State, in sections corresponding with any of the legal divisions into which the public lands are authorized to be surveyed. When theloca- SEC. 2. And be it further enacted, That, so soon as the location of said tion is made, the lands shall be made as aforesaid, the title thereto shall be, and is v ^te*! *? be ^d ^ ere ^y v ested in the State of Louisiana, for the use of a seminary or 11 seminaries of learning therein, as the legislature of said State may direct, (a) (a) See Eos. 704, 708, 710. March 19, 1828. No. 761. AN ACT granting the right of preference in the purchase of public lands r Vol. 4, p. 256. to certain settlers in the St. Helena land district, in the State of Louisiana. Every person, Be it enacted, <$-c., That every person, his or her legal representatives, &c., coinprisedin comprised in the list of actual settlers reported to the Commissioner of settle^ reSfd tbe General Land Office, by the register for the district of St. Helena, to the 'commis- in the State of Louisiana, under the authority of. the act of Congress,, sionerof the Gen- entitled "An act for adjusting the claims to land, and establishing land eral Land Office offices, in the district east of the island of New Orleans," approved the March ^d* 1819 *^ r ^ ^ av ^ March, one thousand eight hundred and nineteen, or who- shall be entitled did actually inhabit and cultivate a tract of land in said district on the to the right of third day of March, one thousand eight hundred and nineteen, not preference, on rightfully claimed by any other person, by virtue of any written evi- pnrchaTer 11 torn dence of claim le gaUy derived from either the French,- British, or Span- the United ish Government, or granted as a donation by virtue of any act of Con- States, of such gress heretofore passed, shall be entitled to a right of preference, on tract of land. 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 : Proviso. Provided, That such tract of land shall not contain more than one quar- ter-section, to be located by sectional lines; and that the same shall be entered with the register of the land office in said district, within two years, or before, if the same shall be offered at public sale, (a) (a) See Nos. 704, 708, 710. 712, 720, 722, 729, 730, 731, 732, 768, 786, 813, 818, 849, 858, 860, 897, 899, 919, 920, 928, 963. May 19, 1828. No. 762. AX ACT to authorize the President of the United States to run and VoL 4, p. 276. mark a line, dividing the Territory of Arkansas from the State of Louisiana. President of Be it enacted, $c., That the President of the United States of America United States to be, and he is hereby, authorized, in conjunction with the constituted cause to be run, authorities of the State of Louisiana, to cause to be run, and distinctly viding the 1 Terri" marked, the line dividing the Territory of Arkansas from the State of tory of Arkansas, Louisiana ; commencing on the right bank of the Mississippi Kiver, at from the State of latitude thirty- three degrees north, and running due west on that par- Louisiana, allel of latitude, to where a line running due north from latitude thir- ty-two degrees north, on the Sabiue River, will intersect the same. Commissioner And, for that purpose, he is hereby authorized, to appoint a commis- to be appointed, sioner, or surveyor, or both, as in his opinion may be necessary : Pro- Proviso. rided, The compensation to be allowed to the person or persons so to be appointed by the President of the United States, shall not exceed in amount the compensation allowed by the government of Louisiana to the person or persons appointed, on its part, for the same object. SEC. 2. And lc it further enacted, That the person or persons so to be ted to^mak^two' appointed by the President of the United States, with such as have fa i r certified been or shall be appointed for the same purpose, on tbe part of the State LOUISIANA. 343 of Louisiana, after they, in conjunction, shall have run, and distinctly drafts, one of marked said line, shall make two fair drafts, or maps thereof, both of which shall be which shall be certified by them, and one of which shall be deposited in ge^JetarV of the office of the Secretary of State for the United States, and the other state's office, and delivered to the governor of Louisiana. the other with SEC. 3. And be it further enacted, That, for the purpose of carrying this ^ e ui g ^ e a 1 ' nor of act into execution, the sum of one thousand dollars be, and the same | l " J n ' appro . is hereby, appropriated, to be paid out of any money in the Treasury, priated. not otherwise appropriated, (a) (a) See Nos. 698, 699, 702, 707, 709, 714, 715. Ho. r63. AN ACT to confirm claims to lands in the district between the Eio May 24, 1828. Hondo and Sabine rivers, founded on habitation and cultivation. Vol. 6, p. 382. Be it enacted, cfc., That the claims to lands founded on habitation and Claims to lands cultivation, reported for confirmation by. the register and receiver of reported for con- the southwestern district of Louisiana, in their report, dated November JeSster 11 &c of first, eighteen hundred and twenty-four, in conformity to the provisions the southwestern of the acts of Congress, of the third of March, eighteen hundred and district of Loui- twenty- three, and twenty- sixth of May, eighteen hundred and twenty- 81 f ai ^' in ^JgS? four, contained in the third class of the report of said register and re- confirmed except ceiver, be, and the same are hereby, confirmed, except claim number claim No. 42, &c. forty-two, near Cantonment Jesup, and the claims of Leonard Dyson, numbers fourteen and eighteen ; Samuel Norris, numbers ten and thir- teen ; Baptiste Poiret, brother and sisters, number nineteen ; Baptiste Poiret, senior, number twenty; Henry Stockman, number thirty-one ; Peter Stockman, number ; Moses Robison, number twenty-one; James Pharis, number twenty-four ; Cesare" Wallace, number thirty- four and fifty -six ; John Montgomery, junior, number sixty-nine j and Emanuel Trickel, number two hundred and thirty-one ; which claims are suspended until it is ascertained whether they are situated within the limits of the lands claimed by the Caddoe Indians. SEC. 2. And be it further enacted, That the confirmations made by this C onfirmations act shall not be construed to extend farther than to a relinquishment of }>y tnis ac t not to title on the part of the United States, and the claims hereby confirmed extend 8 further shall be located under the direction of the register and receiver of the than to .1 relin- proper laud office, in conformity with the legal subdivisions of the pub- quishment of ti- lic surveys, so far as practicable, and shall include the improvements of ** ? * be P art ^ the claimants respectively. . theUmted States. 764. AN ACT for the benefit of Elijah L. Clarke, of Louisiana, and of the Feb. 27, 1830. heirs and legal representatives of Lewis Clarke, deceased. Vol. 6, p. 406. Be it enacted, .Y James McLaughlin, formerly a Spanish surveyor, in the said parish of Ouachita : Provided, That this act shall not prejudice, or in any way affect, the rights of any third person. March 23, 1830. No. 767. AN ACT for the relief of Hyacinth Bernard. Be it enacted, $c., That Hyacinth Bernard be, and he is hereby, con- Claim to land firmed in his claim to thirty- three arpents of land, by forty arpents in confirmed, depth, on both sides of the Bayou Teche, in the State of Louisiana, to be surveyed and taken according to the plot of survey made by James L. Johnson, on the twenty-first of November, one thousand eight hundred and twenty-three, and as recommended for confirmation by the Corn- Proviso, missioner of the Land Office, to whom it was presented : Prodded, That this act shall only be construed to a relinquishment on the part of the United States, and shall not interfere with the rights of third persons. May 5, 1830. No. 768. AN ACT to authorize the registers of the several land offices in Louis- Vol. 4, p. 398. iana, to receive en trie* of lands in certain cases, and give to the purchasers thereof certificates for the same. Certain pur- g e j t cna ctcd, #c., That in all cases where persons have purchased in Louisiana au- lands of the United States within the State of Louisiana, and have thorizedto enter paid in full therefor, and who have failed or omitted to enter the same, them. the register of the land office of the district in which the laud was pur- LOUISIANA. 345 chased shall, on presentation of the original receipt of the receiver of said district by the original purchaser or purchasers of the land, his, her, or their heirs, cause an entry thereof to be made, and give to him, her, or them a- certificate for the same, specifying the time when the land was purchased, upon which a patent shall be issued as in other cases : Provided, however, That if, in the intermediate time between the Proviso : this purchase and presentation of the said receipt, any of the said lands g| f* 6 {f^' s shall have been paid for and entered by any other person or persons, w hi c h have not ignorant of the former purchase, the said register shall not enter the been paid forand same lands, but may permit the party to enter other lands in lieu there- entered by any of, of equal quantity, within the same district, which may be subject otl >ns,&c. to entry, and shall give him, her, or them a certificate therefor, upon which a patent shall issue as in other cases, (a) (a) See Nos. 704, 708, 710, 720, 722, 729, 730," 731, 732, 761, 786, 813, 818, 849, 858, 860, 897, 899, 919, 920, 928, 963. No. 769. AN ACT for the relief of the heirs of Baptiste Le Gendre. May 28, 1830. Be it enacted, fa, That the heirs of Baptiste Le Gendre be, and they VoL6 >P- 42! are hereby, confirmed in their claim to six arpents of land in front, by Land claim forty in depth, situated on the river Mississippi, in the parish of West confirmed. Baton Kouge, and bounded above by lands of Jean Baptiste Tuillier, and below by land oil von Le Gendre; and the Commissioner of the General Land Office, upon being presented with a plat and survey of the said land, regularly made by competent authority, shall issue to the peti- tioners a, patent therefor : Provided, That this act shall amount only Proviso, to a relioq irishmen t on the part of the United States, and shall, in no manner, affect ihe rights of third persons, or claims derived from the United States by donation or purchase. No. 770. AN ACT for the relief Francois Isidore Tuillier. May 28, 1830. Be it enacted, $-c., That Francois Isidore Tuillier be, and he is here- by, confirmed in his claim to a tract of land of six arpents in front, Land by forty in depth, situated on the river Mississippi, in the parish of fiw " n - West Baton Rouge, and S^ate of Louisiana, bounded above by lands of Joseph Grand, arid below by lands of J. Charles Tuillier, and contain- ing two hundred and forty superficial arpents, equal to two hundred and two acres and forty-two one-hundredths ; and that the Commis- sioner of the General Land Office, upon the presentation of a plat and survey of the same, regularly made by competent authority, shall issue a patent therefor, to the said Frangois Isidore Tuillier: Provided, That Proviso. this act shall amount only to a relinquishment on the part of the United States, and shall not affect, in' any manner, the rights of third persons, r claims derived from the United States by donation or purchase. No. 771. AN ACT for the relief of the heirs of Jean Marie Trahaud, deceased. May 28, 1830. Vol. 6, p. 431. ' it enacted, #c., That the heirs of Jean Marie Trahaud, deceased, U\ and they are hereby, confirmed in their claim to six arpents front L f Jeremiah Walker, of the State of Louisiana. Vol. 6, p. 439. Be {t maci ^ f Ci Tbat j er e m iah Walker be, and he is hereby, con- Land title con- firmed in his title to a certain tract of land, situate in the parish of East firmed. Feliciana, and State of Louisiana, lying on the Lost Fork of Thompson's Creek ; it being the place first settled by Thomas Smith, and transferred by him to Sullivan, by Sullivan to White, and by White to the said Proviso. Walker; containing not more than six hundred and forty acres: Pro- vided, That this confirmation shall only operate as a relinquishment on the part of the United States only. LOUISIANA. 047 March 2, 1831. Vol. 6, p. 459. Be it enacted, $c. } That the legal representatives of Stephen Tippett May enter a be, and they are hereby, authorized to locate and enter a tract of land tract of land, of fifteen arpens front, by the ordinary depth of forty arpens, within the counties of Attakapas and Opelousas, in the State of Louisiana, under a grant of Baron de Carondelet of the twenty -first of September, one thousand seven hundred and ninety-six, Provided, however, That the Proviso, location authorized to be made under this act shall not be made so as to interfere with the claims of others. No. 777. A~N ACT to create the office of surveyor of the public lands for the State March 3. 1831. of Louisiana. Vol. 4, p. 492. Be it enacted, $c., That a surveyor-general for the State of Louisiana Surveyor-gen- shall be appointed, who shall have the same authority, and perform eral created, the same duties, respecting the public lands and private land claims in the State of Louisiana, as are now vested in, and required of the sur- veyor of the lands of the United States, south of the State of Tennessee, or the principal deputy surveyors in the said State; and that from and after the first day of May next, the office of principal deputy surveyors, as created by the ninth section of the act of Congress of the twenty- first day of April, eighteen hundred and six, entitled "An act supple- mentary to an act, entitled 'An act for ascertaining and adjusting the titles and claims to lands within the Territory of Orleans and District of Louisiana,' ; ' be, and the same are hereby, abolished ; and it shall be the duty of said principal deputy surveyors to surrender to the surveyor- general of Louisiana, or to such person or persons as he may appoint to receive the same, all the maps, books, records, field-notes, documents and articles of every description, appertaining or in anywise belonging to their offices respectively. SEC. 2. And ~be it further enacted, That the principal deputy surveyor Disposition of for the district east of the island of New Orleans be, and he hereby is, certain docu- required to separate and arrange the papers in his office; and all the ment8< maps, records, papers and documents of every description which refer to lands in the State of Louisiana, shall be delivered to the order of the surveyor-general for that State: and such of them as refer to lands in the State of Alabama shall be delivered to the surveyor for the State of Alabama; and such of them as refer to lands in the State of Mississippi, together with such maps, papers, records and documents in the office of said principal deputy surveyor, as are not hereby required to be de- livered to the surveyor-general of the State of Louisiana, or to the sur- veyor for the State of Alabama, shall be delivered to the order of the surveyor of the lands of the United States south of the State of Ten- nessee ; and the office of said principal deputy shall be, and the same is hereby, abolished from and after the first day of May next ; and the powers and duties now exercised and performed by the said principal deputy surveyor shall be vested in and performed by the aforesaid sur- veyors, within their respective States. SEC. 3. And le it further enacted, That it shall be the duty of the sur- other docu- veyor south of the State of Tennessee to deliver to the surveyor-gen- ments. eral of the State of Louisiana all the maps, papers, records and doc- uments relating to the public lands, and private claims in Louisiana, which may be in his office ; and in every case where it shall be imprac- ticable to make a separation of such maps, papers, records and docu- ments, without injury to the portion of them relating to lands in Mis- sissippi, it shall be his duty to cause copies thereof certified by him to be furnished to the surveyor-general of Louisiana, and which copies shall be of the same validity as the originals. SEC. 4. And be it further enacted, That the surveyor-general of Louisi- Deputysurvey- ana shall appoint a sufficient number of skilful and experienced sur- ors to be ap- veyors as his deputies, who, with one or more good and sufficient sure- P omted - ties to be approved by said surveyor-general, shall enter into bond for the faithful performance of all surveying contracts confided to them in the penalty of double the amount of money accruing under the said contracts at the rate per mile stipulated to be paid therein, and who, before entering on the performance of their duties, shall take an oath, or make affirmation, truly, faithfully, and impartially, to the utUK.st of their skill and ability, to execute the trust confided to them ; and in 348 LOUISIANA. the event of the failure of a deputy to comply with the terms of his contract, unless such failure shall be satisfactorily shown by him to have arisen from causes beyond his control, he shall forfeit the* penalty of his bond on due process of law, and'ever afterwards be debarred from receiving a contract for surveying public lands in Louisiana or else- where. Location of SEC. 5. And l>e it further enacted, That the surveyor-general to be ap- office of survey- pointed in pursuance of this act shall establish his office at such place as the President of the United States may deem most expedient for the Salary, &c. public service ; and that he shall be allowed an annual salary of two thousand dollars, and that he be authorized to employ one skilful draughtsman and recording clerk whose aggregate compensation shall not exceed one thousand five hundred dollars per annum ; and that the fees heretofore authorized by law for examining and recording surveys be, and the same are hereby, abolished ; and any copy of a plat of sur- vey, or transcript from the records of the office of the said surveyor- general, shall be admitted as evidence in any of the courts of the United States or Territories thereof ; and for every copy of a plat of survey, there shall be paid twenty-five cents, and for any transcript from the records of said office, there shall be paid at the rate of twenty-five cents for every hundred words by the individuals requiring the same, (a) Settlement of SEC. 6. And le it further enacted, That in relation to all such confirmed conflicting claims as may conflict, or in any manner interfere with each other, the claims. register of the land office and receiver of public moneys for the proper land district, are hereby authorized to decide between the parties, and shall in their decision be governed by such conditional lines or bound- aries as have been or may be agreed upon between the parties interested, either verbally or in writing; and in case no lines or boundaries be agreed upon between tho parties interested, then the said register and receiver are hereby authorized to decide between the parties in such manner as may be consistent with the principles of justice ; and it shall be the duty of the surveyor-general of the said State to have those claims surveyed and platted in accordance with the decisions of the register Proviso. and receiver: I'rorided, That the said decisions and surveys, and the patents which may be issued in conformity thereto, shall not in any wise be considered as precluding a legal investigation and decision by the proper judicial tribunal between the parties to any such interfering claims, but shall only operate as a relinquishment on the part of the United States of all title to the land in question, (b) ******* (a) See Xos. 701, 703, 704, 708, 710, 718, 722, 724, 727, 730, 731, 803, 858. (6) See Xos. 699, 701, 703, 704, 705. 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737, 738, 739, 740, 745, 746, 749, 752, 753, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899, 904, 911,946,956,957,961,967. March 15, 1832. No. 778. AN ACT for the relief of Bernard Marigny, of the State of Louisiana. Vol. 6, p. 480. g f n en acted, #c., That Bernard Marigny, as assignee of Antonio Bon- Land claim of nabel, be, and is hereby, confirmed in his claim to a tract of laud of four 4,020 arpente con- thousand and twenty superficial arpents, situate in the State of Louis- firmed, iana, and parish of St. Tammany, bounded on the southwest by Lake Pontchartrain, and on the northwest by lands formerly owned by the heirs of Lewis Davis ; the tract confirmed by this section being the same which was surveyed for Antonio Bonnabel, by Carlos Trudeau, on the fifteenth January, one thousand seven hundred and ninety-nine, and granted to said Bonnabel on the twenty-fifth January, one thousand seven hundred and ninety-nine, by Manuel Gayoso de Lemos, governor- general of the provinces of Louisiana and West Florida ; and for which a claim was filed in the name of said Bonnabel, in the land office at St. Helena Courthouse, under the act of Congress of twenty-fifth April, one thousand eight hundred and twelve. Claim of 774 SEC. 2. And ~be it further enacted, That Bernard Marigny be, and is arpents also con- hereby, confiimed in his claim to a tract of land of seven hundred and " rme " < seventy-four superficial arpents, situate in the State of Louisiana and parish of St. Tammany, bounded on the southwest by Lake Pontchar- train, on the northern side by Castin Bayou, and on the southern side by the lands confirmed in the first section of this act; the said tract of seven hundred and seventy-four arpents being the same which was granted on the twentieth January, one thousand seven hundred and seventy-seven, by Peter Chester, British governor at Pensacola, to Lewis LOUISIANA. 349 Davis, whose title to the same was afterwards, to wit, on the eleventh June, one thousand seven hundred and eighty-eight, confirmed by de- cree of Estevan Miro, Spanish governor of the provinces of Florida and Louisiana, and for which a claim was filed in the name of the heirs of Lewis Davis, in the land office at St. Helena Courthouse, under the act of Congress of the twenty-fifth April, one thousand eight hundred and twelve : Provided, That the said two tracts of land shall be considered as confirmed, in the same manner, and under the same regulations, re- strictions, and provisions, as if the same had been recommended for con- firmation in the reports of the commissioner for the district west of Pearl River, and east of the island of New Orleans, which were con- firmed by the act of Congress, approved on the third day of March, one thousand eight hundred and nineteen, entitled "An act for adjusting the claims to land, and establishing land offices in the districts east of the island of New Orleans :" Provided, also, That the claim of Anton ioBon- nabel, embraced in the said commissioner's reports, as of four hundred arpents, shall be considered as comprised in, and forming part of the tract of four thousand and twenty arpents, confirmed in the first section of this act. Proviso. Proviso. March 22, 1832, Vol. 6, p. 482. No. 779. AN ACT for the relief of John McDonough. Be it enacted, $*c., That the claim of John McDonough be, and is hereby, confirmed to four tracts of land embraced in the report of the register Land claim and receiver of the land office at St. Helena Courthouse, in the district confirmed, west of Pearl River, in Louisiana, of the fourth December, one thousand eight hundred and thirty, namely : one tract of four hundred arpens, claimed under a Spanish patent to David Williams, dated eighth April, one thousand seven hundred and eighty-nine ; one tract of two hundred and forty arpens, claimed under a Spanish patent to Guillemo Williams, dated eighth April, one thousand seven hundred and eighty-nine; one tract of three hundred and eighty-eight arpens, claimed under a Spanish patent to William Estevan, dated eighteenth December, one thousand seven hundred and eighty-seven ; and one tract of twelve hundred arpens, claimed under a Spanish patent to Domingo Assaretto, dated eighteenth February, one thousand seven hundred and eighty-eight, and all situate in the parish of East Baton Rouge : Provided, That this Proviso, act shall only extend to a relinquishment of title on the part of the United States, and shall not prejudice the rights of third persons, (a) (a) See Nos. 774, 948. No. 780. AN ACT for the relief of Prosper Marigny. May 19, 1832. Be it enacted, #c., That the claim of Prosper Marigny be, and the same Vof - 6 ' p ' 488 ' is hereby, confirmed to a tract of land on which he now resides, situated Land claim on the river Mississippi, bounded above by lands of the widow Bien- confirmed. venu, and extending back to the river Des Ouatchas, and containing two thousand one hundred and thirty- nine French arpens; which tract of land the said claimant holds by sundry mesne conveyances from Gov- ernor de Bienville, to whom it was granted by the Company of the In- dias : Provided, That this act shall extend only to a relinquishment of Proviso. title on the part of the United States, and shall not prejudice the rights of third persons. May 19, 1832. Vol. 6, p. 488. No. 781. AN ACT for the relief of Arnaud Lanaux. Be it enacted, fo., That the title of Arnaud Lanaux be confirmed, in _ and to a certain tract of land lying and being in the State of Louisiana, Land title con- on the left bank of the Mississippi, about six leagues below the city of firmed. New Orleans, at a place called the English Turn, containing eight arpents front and forty arpents in depth, according to the survey made by B. Lafon, on the twenty-first of January, eighteen hundred and five, and which is recognised in a patent from the French Government, bearing date the fifth of March, one thousand seven hundred and sixty-four, and which is recorded among the patented concessions of land, in book number one, at page one hundred and fifty-eight, in the register's office of the lands of the United States, at New Orleans, in the same manner and upon the same conditions, as if notice had been regularly filed with the commissioners of the United States, and the same had been by them confirmed : Provided, That this act shall only be construed as a relin- Proviso. quishment of the Government of all claim to' said tract of land to said claimant: And provided, also, That this act shall not operate against Proviso. the claim of any other person to said tract of land. 350 LOUISIANA. May 19, 1832. No. 782. AX ACT for the relief of Joseph Soniat Duf ossat. "Vol. 6 p, 488. Be it enacted, <$-c., That Joseph Soniat Dufossat be, and he is hereby, Land title con- confirmed in his title, to a certain tract of land situated in the parish of St. Tammany, and State of Louisiana, it being a small island in Lake Pontchartrain, called Les Coquilles, which was granted by patent from the French Government of Louisiana, dated the second June, one thou- sand seven hundred and sixty-two, to J. Desrnissaux, described to be Proviso. two leagues in length, and one and a half leagues in breadth : Provided, That this act shall be considered only as a relinquishment of title on the part of the United States, and not to prejudice the rights of third persons. May 19, 1832. No. 783.-AX ACT for the relief of John H. Thomas, claiming under Antoine Patin. Vol. 6, p. 488. Be it enacted, <$~c., That the legal representatives of Antoine Patin, Land claim rhjjnihjg a tract of land in the county of Attakapas, in the State of Louisiana, situated on the east side of Bayou Tecbe, and numbered one thousand one hundred and fourteen in the report of the commissioners lor the adjustment of land titles in the western district of Louisiana, be, and the same are hereby, confirmed in them to the quantity of land Proviso. embraced in said claim : Provided, That this act shall only be construed, as a relinquishment of the Government of all claim to said tract of land Proviso. to said claimant: And provided, also, That this act shall not operate against the claim of any third person to said tract of land. Mav 19, 1832. If*. 784. AX ACT for the relief of Celestin Chiapella. T ' 6> p * 489 ' Be it enacted, $-c., That Celestin Chiapella be, and he is hereby, con- Land title con- firmed in his title to a tract of land situated on the left bank of the Mis- fired- sissippi River, about eight miles below the city of New Orleans, con- taining the quantity of three thousand and eighty-seven acres, bounded above by lands of R. Ducros, and below by lands of Magloire Guichard : and which he holds by virtue of a French grant to Joseph Laloire, datea July eighth, seventeen hundred and twenty-three ; and another French grant to J. Laloire, of January second, seventeen hundred and sixty- seven ; and another French grant in favor of Mr. Chaperon, dated Jan- uary twenty-third, seventeen hundred and fifty-nine ; and that a patent issue for the same, according to a survey made by A. S. Phelps, a deputy Proviso. surveyor of the United States : Provided, however, That the quantity of three hundred and ninety- three superficial arpens heretofore confirmed in the name of Mary de Moleon, by the board of commissioners for the eastern district of the Territory of Orleans, as evidenced by their certifi- cate, number one hundred and forty-six, shall be considered as forming part of the tract of land hereby confirmed : And provided, further, That this act shall be construed to operate merely as a relinquishment of title on the part of the United States, and not to prejudice the rights of third persons. June 15, 1832. No. 785. AX ACT for the relief of the legal representatives of John McHugh. Be it enacted, <$*c., That there shall be, and hereby is, confirmed unto Land claim the legal representatives of John McHugh, the tract of land settled upon and cultivated by John McHugh, in his life-time, situate on White Bayou, within a survey once supposed to be the property of D. Amos, but which claim was rejected by Congress ; the same lying and situate in the parish of East Baton Rouge, in the State of Louisiana, not to ex- ceed, in the whole, more than six hundred and forty acres, and that a Proviso. patent shall issue for the said tract of land in the usual form : Provided, however, That the said legal representatives of the said John McHugh have not, and shall not, claim any other lands in right of settlement and cultivation, and that this act shall operate only as a relinquish- ment on the part of the United States of all their right and claim to the said lands, and shall not interfere with, or affect the right or claim of other persons. June 15, 1832. No. 786. AX ACT to authorize the inhabitants of the State of Louisiana to enter Vol. 4, p. 534. the back-lands. Owners of ^ e ** enacted, $~c. t That every person, who, either by virtue of a French tracts on a river, or Spanish grant, recognised by the laws of the United States, or under &c., not exceed- a claim confirmed by the commissioners appointed for the purpose of LOUISIANA. Proviso : P r e- to (a) See Kos. 704, 708, 710, 720, 722, 729, 730, 731, 732, 761, 768, 813, 818. 849, 858, 860,897. 899, 919, 920, 928, 963. No. 787 .-AN ACT for the relief of Hannah McKim. June 25, 1832. Be it enacted, $-c., That Hannah McKiin be co n firmed in her claim to a tract of six hundred and forty acres of land, for which she filed her Land claim claim with the register and receiver of the land office south of Red confirmed. River, pursuant to the acts of Congress of the third of March, one thou- sand eight hundred and twenty- three, and the twenty-sixth of May, one thousand eight hundred and twenty-four, in relation to lands situated between the Rio Honde and Sabine rivers, in the State of Louisiana, on the main fork of the Bayou Provincial ; and which claim was, by the said register and receiver, in their report of the first of November, one thousand eight hundred and twenty-four, made to the Secretary of the Treasury, ranked in the fourth clas*s, number one hundred and sixteen ; and that the said claim be regarded and considered as if the same had been ranked by the said register and receiver, in their said report, in the third class ; and that the said Hannah McKirn be entitled to all the privileges, advantages, and benefits to which she would have been en- titled, or which would have accrued to her, if her said claim had been ranked in the third class of the said report : Provided, That nothing in Proviso, this act contained shall be construed to affect or impair the claim, title, or interest of any other person to the same land, or any part thereof, derived either from the United States or otherwise. This act shall com- mence and be in force from and after the passage thereof. 352 LOUISIANA. Tune 25. l-:<2. Vol. 6, p. 493. No. 788. AN ACT for the relief of Dorothy Wells. Be it enacted, #c., That there shall be, and hereby is, confirmed unto Land claim Dorothy Wells, the tract of land by her occupied and cultivated, in the confirmed. parish of West Feliciana, in the State of Louisiana, situate on the river Mississippi, which bounds it westwardly; and bounded north by lauds granted to William Williams, on the east by land granted to Gilbert Miles, and on the south by other lands, the owner whereof is not known ; not to exceed, in the whole, more than six hundred and forty acres ; and that a patent shall be issued and granted to the said Dorothy Weils, Proviso. for the land above described, in the usual form : Provided, however, That the said Dorothy Wells has not and shall not claim any other lands in right of settlement and cultivation ; and that this act shall only operate as a relinquishment on the part of the United States, of all their right and claim to the said land, and shall not interfere with, or affect the claim or claims of third persons derived from the Government of Spain, or of the United States. June 25, 1832. Vol. 6, p. 498. No. 789. AX ACT for the relief of the inhabitants of Terre Aux Bceufs. Be it enacted, $-c., That the claims of the inhabitants residing on the Land claims Bayou Terre Aux Bceufs, in the parish of St. Bernard, and State of Louis- iana, to the several tracts of land lying on said Bayou, as described in the plat of survey made by Augustus S. Phelps, deputy-surveyor of the United States for the State of Louisiana, in May, one thousand eight hundred and thirty-one, to wit: Arpens. Toises. Feet. 1 10 4 i| 1 9 \Vidow Joseph Fons 1 2 5* 3 Gabriel Perrera 29 5 4 Francisco de Torres o 21 1 n Bernard Gutierres. .. .. 1 9 1 = EJ & Antonio Guera 16 4 7 Antonio Gutierres 24 1 He 8 Bisente Sardina 14 4 s q Succession of Serpas o 29 5 r* 10 John Baptiste Bourg 21 2 11 W^idow Francisca Lopez ... o 19 ~ * 1 Andrea Gonzales o 10 4& C hfe 13 Succession of Esteves 2 2 3 14 Madam Garie ...... 2 8 5 5 15 Cyprien Lef ebvre . . . o 13 5* $ 16 Eugene Charles Dumouchel. o 27 2* 17 Manuel Solis o 17 3* 18 Etienne Veillon o 17 3* 19 Pierre Thomas o 15 90 Balthazar Enoul Livaudais o 15 91 Manuel Solis o 15 o And on the opposite side of Terre aux Bosufs o 22 3 00 Maria Lopez o 7 3 93 Succession of Dimanche . o 29 5i - 94 Francisca Rodriguez . . o 15 5 rg. 25 Mircelina Lamar, widow Casa- nova o 16 9 H 2 =. 6 Gabriel Cassanova o 4 o -:--. 97 Francis Carle 16 41 = 1 98 Bastien Gonzales o 10 4i * V? 9q Widow Joseph Hernandez . o 15 5 ~ '-c z ~' 30 Manuel Asevedo o 26 31 II 31 Nicholas Deiean o 14 51 &?; 3*> Joseph Oramos 1 7 . On the opposite side 1 g 2i 33 Juan Cassanova . ...... .... 14 Of On the opposite side . . 15 2 34 Gregoire Malarin o 7 04 On the opposite side. . 7 8 LOUISIANA. 353 Arpens. Toises. Feet. Lorenzo Medina 7 OA On the opposite side 7 w w Widow Ramirez 1 I 17 14 n 14 ?7 Laurent Millaudon . 19 5 4 b On opposite side ... 19 4 5 38 Succession of Joseph Sanchez On opposite side o 23 10 ? W JMego Sanchez . 1 5 (U On the opposite side o 10 o 10 Geronimo Oramus . o 10 o n Juan Gutierres . 1 23 4 w Marie Ojeda o 24 0-i w Francisco Gutierres o 5 44 On opposite side 1 24 4 14 Antonio Lopez .. .... . , o 26 4i tr> Manuel Solis. o 13 IP. Santiago Rodriguez o 19 5 On opposite side o 8 5* 47 Martial St. Germain o 17 5 IH Widow Stopinal 2 13 4 On opposite side . ... .. 1 29 3i 19 Juan Medina o 14 5 On opposite side o 13 54 SO Martial St. Germain. . 2 22 3 On opposite side 2 24 4 u Francisco Sanchez 1 12 2 32 Debouchelle and Chalaire, broth- ers 5 1 5 On opposite side.... .... . 6 11 24 P> Francisco Gutierres o 10 3! ")4 Antonio Serpas 21 3 35 Louis Cure 1 1 2 ->f> Pierre Jorda 18 *15 5 On opposite side 18 IP: 5 >7 Bienvenu, brothers o * O 2i On opposite side .... 1 >8 Juan Solis IK 1 On opposite side 16 1* 39 Joseph Serpas., 1R 5| M On opposite side.... . 1H 3 f 30 31 32 Succession of Joseph de Armas.. Succession of Antonio Nie ves Joseph Nie ves 7 7 1C 4 p 5 hj O 33 JuanPerez 1 oQ 41 ? 34 Bienvenu, brothers 4& ofl *f 11 : sl 35 36 Roman Catholic Church land Bienvenu, brothers 1 6 18 ol }* si 37 Gabriel N. Allard- g ofi o a-^ 38 Jacques Toutant s 4V 4 J ^a On the other side 1 7 1 e 39 P. Reaud and Olivier, brothers... On the opposite side. "16 3 21 o1 w Felix Marrero *A -1 4A On opposite side I* *9 41 n Succession of Bisente Marero Opposite side...!.. 3 14 -tA 5i 51 n Charles Fagot 91 si On opposite side 91 24 n Martin Robin 91 g Opposite side 01 % 74 P. Reaud and Olivier, brothers. .. Opposite side 22 29 22 01 2i 3 75 Madam Olivier 17 g 51 Opposite side... 17 7 41 23 L O VOL II Land claims confirmed. 354 LOUISIANA. Land claims confirmed. Arpens. Toises. Feet. 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Au fr ustin Reggio 17 17 2 2 1 1 2 1 3 3 1 1 1 1 2 2 2 2 5 2 21 14 5 5 13 O 5 17 17 23 23 7 6 M 6 29 4 4 17 17 16 17 14 15 29 29 28 21 5 14 14 15 20 22 15 o 4 4 5 5 9 3 24 If 04 0* 5 1 % ? 3 54 Both sides of the TerroanxBuMifs. Opposite side Opposite side . Succession of Antonio Meneses. .. Opposite side.. . . Succession of Edwd. Alpuente.. . Opposite side Cfitaliiiii Alfonso Opposite side Succession of Edwd. Alpuente.. . Opposite side Bartole Molaro . Opposite side . Marguerite Molero, widow Nunez. Opposite side. .... Chris to val Molero Opposite side Antony Molero Opposite side Manuel Lombas . ...... Opposite side Roque Acosta . Autoine Landier . Francisco Alfonso Manuel Solis \Vidow Nunez Pedro Hernandez Widow Nunez Felix Marrero be, and the same a*re hereby, confirmed, and recognised as valid, upon the same terms and conditions that other Spanish claimants, residing in the State of Louisiana, east of the Mississippi, and island of Orleans, Proviso. have been heretofore confirmed : Provided, That this act shall only be construed as a relinquishment of any claim of the United States in and to any part ox portion of the lands described in said plat: And provided also, That this act shall not be deemed or held to interfere with the claims or rights of any person or persons whatever. Church lands SEC. 2. And be it further enacted, That the tract, of land described in onfirmed. said p] a t as belonging to the church, measuring one arpent, eighteen toises, and one foot, and one-third of a foot, and numbered in the pre- ceding list sixty-five, be, and the same is hereby, confirmed and recog- nized as valid, to and for the uses and purposes for which the same has Proviso. been heretofore held and used: Provided, also, That this act shall be only considered a relinquishment on the part of the United States, and not to interfere with the rights of others. July 4, 1832. Vol. 4, p. 561. No. 790. AN ACT for the final adjustment of the claims to lands in the southeast- ern land district of the State of Louisiana. Claims to lands Be it enacted^ tfc.. That any person or persons, claiming lands within in Louisiana to the ]i m it 8 of the southeastern land district of the State of Louisiana, rSnsferrad re agreeably to the provisions of the laws heretofore enacted for the ad- ceiver at Xew jnstment of land claims in that part of the Territory of Orleans or State Orleans, prior to of Louisiana, but whose titles have not been heretofore confirmed, may, 1st July, 1833. a t anv time prior to the first day of July, one thousand eight hundred and thirty-three, present their claims,together with the written evi- dence and other testimony in support of the same, to the register and Notice of claim receiver of the land office'at New Orleans; and it shall be the duty of to be recorded, the said register and receiver to record, in a book to bo kept for that purpose, the notice of every claim so preferred, together with the evi- Fees. dence ; for which service they shall receive a compensation from the claimants, at the rate of twenty-five cents for every hundred words. LOUISIANA. 355 SEC. 2. And be it further enacted, That lbet> aid register uud receiver Claims to be shall, at or before the beginning of the next session of Congress there- gg po ^ eti to f !^ 6 after, make to the Secretary of the Treasury a report of the claims Treasury, and to which may have been preferred before them, together with the testi- be laid ' before mouy, their opinion of the validity of the claims, and such other inf or- Congress, iiiation respecting them as may be in their possession; which report shall, by the Secretary of the Treasury, be laid before Congress as soon as practicable, with his opinion touching the validity of the respective claims: Provided, That no claim shall be therein recommended for con- Proviso, tirmatiou, for more than the quantity contained in a league square. Sales of land SEC. 3. And be it further enacted, That the sales of land in the said suspended until southeastern district, by public auction or private entry, shall be sus- j|g| r Jul - v lst pended until after the first day of July, one thousand eight hundred and thirty-three. SEC. 4. And be it further enacted, That all persons who, before the first Persons who Monday of November, one thousand eight hundred and thirty, held 11 , 61 ? 1 la - ds b J lands in the said southeastern district, by claims unconfirmed, but firmecT&c^may which were embraced in the principles of the previous laws for the avail themselves adjustment of claims in that part of the Territory of Orleans or State of the benefits of of Louisiana, which lands may have been sold at the public sale which thi8 act - took place at New Orleans on the first Monday of November, one thou- sand eight hundred and thirty, under the President's proclamation of the fifth June, one thousand eight hundred and thirty, may avail them- selves of this act as though their lands had not been sold ; and thn said Separate report register and receiver shall make a separate report of the cases of this * ease* of this class : and if it shall appear to the Secretary of the Treasury that all or totheSecrSrv auy of the claims contained therein, although unconfirmed, are em- O f the Treasury, braced in the intent and meaning of the previous laws for the adjust- &c. ment of land claims as aforesaid, he is hereby authorized to repay to the Purchasers to persons, or the legal representative of the persons who purchased, sucti be reimbursed, sum or sums as they may have paid for lands of this description, bought by them at the said public sale, (a) SEC. 5. And be it further enacted, That, in addition to the compensa- Additional tion hereinbefore provided, the said register and receiver shall receive, compensation, for the services required of them by this act, the sum of five hundred dollars each, to be paid by the Secretary of the Treasury out of any moneys in the Treasury not otherwise appropriated. r - 6 'P- 512 - firmed in his claim as assignee of Peter Young and David Durham, to B. Leonard's two tracts of land, of six hundred and forty acres each, situated on the land claim con- south side of Red River, and in the tract of country commonly called nrme(l - the Neutral Territory, and about thirty-live miles above the town of Natchitoches, to be located in such manner as to embrace the improve- ments made by Peter Young and David Durham, severally, before the twenty- second' day of February, one thousand eight hundred and nine- teen. SEC. 2. And be it further enacted, That Jacob Black, as assignee of Na- ..A. 1 . 8 . - claim * tbauiel Hickman and Isaiah Hickmau, be, and he is hereby, confirmed Uiekniaii. in his claim to two tracts of land of six hundred and forty acres each, situated on the south side of Red River, within the aforesaid territory, about thirty-six miles above the town of Natchitoches, to be located in such manner as to embrace the improvements made thereon by said ^Nathaniel and Isaiah Hickman, severally, previous to the twenty-second 356 - LOUISIANA. Proviso. day of February, one thousand eight hundred and nineteen : Providea, That this act shall be considered only as a relinquishment of title on. the part of the United States, and not to prejudice the rights of third persons. Julv 14, 1832. > T o. 793. AN ACT for the relief of John F. Girod, cf Louisiana. Vol. 6, p, 519. Be u enacted) ^ That the Commissioner of the General Laud Office Land patent to be, and he hereby is, directed to issue to John F. Girod a patent for four be issued to him. fractional quarter-sections of land in the parish of Ouachita, State of Louisiana, containing two hundred and ninety-two acres and eleven- hundredths, lying in township seventeen, range three east, section sec- ond, it being the same lately sold at the land sales at Ouachita, and purchased by said Girod, through his agent, Bernard Hemkin. Money improp- SEC. 2. And be it further enacted, That the Secretary of the Treasury erly paid to be 8 hall pay to said Girod, out of any money in the Treasury not otherwise appropriated, the sum of three hundred and twenty-five dollars and eighty-eight and three-fourths cents, this being the amount improperly paid by Girod for said land ; and that said Girod be exempted from all further liability to the Government, on' account of any part of the pur- chase money of said land yet unpaid. July 14, 1832. No. 794. AX ACT for the relief of John Buhler. l. 6, Vol. 6, p. o2Q. Be u enacted ^ g, ^ TIiat there 8hall be> and uerebv iSj confirmed unto Land claim John Buhler, the tract of land lately occupied by Stephen Hackney, confirmed. deceased, containing five hundred and twenty-two acres, bounded as follows : On the upper line, by lands the property of the heirs of John C. Faulkner ; and on the lower line, by lands claimed by Joshua Alex- ander ; and on the east, by lands confirmed by Congress to John Cooper : said lands situated on the east side of the Mississippi River ; and that a patent shall be issued and granted to the said John Buhler, for the land Proviso. above described, in the usual form : Provided, however, That the repre- sentatives and assignees, or any, or either of them, shall not claim, and has not claimed, any other lands in right of settlement and cultivation ; and that this act shall only operate as a relinquishment, on the part of the United States, of all their right and claim to the said land* and shall not interfere with, or affect the claim or claims of third persons. July 14, 1832. No. 795. AN" ACT for the relief of Benjamin Bullitt. Vol. 6, p. 523. Se it ^ iactedi ^ That Benjamin Bullitt be, and he is hereby, con- L a n d claim firmed in his claim to a tract of land of six hundred and forty acres confirmed. in his own right, and in a further claim as assignee of Toussaint Lafleur, to a tract of land of six hundred and forty acres of land, both situated on the south side of Red River, within the tract of country commonly called tha Neutral Territory, and about twenty-four miles above the town of Natchitoches, to be located in such manner as to embrace the improvements made by the said Bullitt and Lafleur, respectively, before Proviso. the twenty-second of February, eighteen hundred and nineteen: Pro- vided, That this act shall be considered only as a relinquishment of title on the part of the United States, and not to prejudice the rights of third persons. July 14, 1832. No. 796. AN ACT for the relief of the widow and heirs of Pedro, alias Pierre Vol. 6, p. 526. Guedry. Land claim Be it enacted, #c., That the widow and heirs of Pedro, alias Pierre confirmed to wid- Guedry, deceased, be, and they are hereby, confirmed in their claim to p W G^aedr r8 a * rac ^ ^ l an( l containing four and one-half arpents in front, and forty arpents in depth, on the Mississippi River, at the distance of about four miles above the mouth of the Manchac, in the State of Louisiana ; being a part of a tract granted to the said Pedro, alias Pierre Guedry, by the Baron de Carondelet, by letters-patent, bearing date the seventh day of December, seventeen hundred and ninety-two. And to Francis SEC. 2. And be it further enacted, That Francis Daigre be confirmed in Daigre. n j 8 claim to the residue of the said tract of land; and that the said LOUISIANA. 357 widow and heirs of the said Guedry, and the said Francis Daigre, be, and they are hereby, authorized to enter their respective claims to the tract of land aforesaid, in the land office at Saint Helena Courthouse, in the State of Louisiana : Provided, That the said Francis Daigre be re- Proviso. quired to exhibit to the register and receiver of the said land office, either a good legal or equitable title to the part of the said tract of land claimed by him : And provided, also, That nothing in this act con- Proviso. tained shall be so construed as to affect the claim of any other person or persons to said land, or any part thereof, derived either from the United States or from any other source whatever. No. 797. AN ACT for the relief of the heirs of Nathaniel Hillen. Be it enacted, #c,, That the right of the heirs of Nathaniel Hillen, in j u l y 14 ( i832. Yoi - 6 .P- 526 - and to a certain tract of land lying in the parish of East Baton Rouge, Land claim in the State of Louisiana, containing six hundred and forty acres, upon confirmed. which Nathaniel Hillen resided in his lifetime, and which has been since cultivated by Robert Hillen, for the use and benefit of said heirs, be recognised as valid, and confirmed to said heirs, in t he sarue manner, and upon the same terms and conditions, as if tht-ir claim had been filed with the commissioners under the act of Congress passed the twenty- fifth April, one thousand eight hundred and twelve, chapter sixty-seven, section eight, and been confirmed by the act of one thousand eight hun- dred and nineteen, chapter five hundred and ten, section three : Provided, Proviso. That this act shall not be construed to extend further than a relinquish - ment on the part of the United States, to any claim in and to said tract of land: And provided, also, That this act shall not be considered as Proviso. interfering with the rights of other persons in and to said tract of land. No. 798. AN ACT for the relief of the children of Charles Comb and Marguerite Jan. 14, 1833. Laviolet, his wife. Vol. 6, p. 528. Be it enacted, #c., That the children of Charles Comb and Marguerite Land title con- Laviolet, be, and they are hereby, confirmed in their title to a tract of firmed. land of six hundred and forty acres, situated in the county of Attakapas, State of Louisiana, to be located in such manner as to embrace the im- provements made by Louis Doze and Marguerite Laviolet, his wife, in their lifetime : Provided, That this act shall be considered only as a relin- Proviso, quishment of title on the part of the United States, and not to affect the rights of third persons. No. 799. AN ACT for the relief of Eugene Borell. Jan. 14, 1833. Be it enacted, #c., That Eugene Borell be, and he is, confirmed in his- YoI - 6 'P- m claim to six hundred and forty acres of land, in virtue of actual settle- Land claim ment and cultivation, before and ever since the twentieth day of Decem- confirmed, ber, one thousand eight hundred and three ; which tract of land is sit- uated in the county of Attakapas, in the State of Louisiana, at a place called Sheepeck, and lying upon the west side of the bayou "Cypre- mort," it being the part of a twenty-four acre tract, fronting on said bayou, by forty back, bounded northwardly by lands of the heirs of Joseph Sorell, eastwardly by the said bayou " Cypre-mort," southwardly by other lands of the heirs of said Joseph Sorell, and westwardly at the depth of forty arpents, by public lauds : Provided, That this act shall Proviso. extend only to a relinquishment of the title of the United States, and shall not prejudice the rights of third persons. No. 800. AN ACT for the relief of William B. Keene and John L. Martin, and for Jan. 28, 1833. other purposes. Vol. 6, p. 529. Be it enacted, #c., That William B. Keene and John L. Martin be, and Authorized to they are hereby, authorized and peimitted to complete their purchase purchase school of lot number sixteen, in township number twenty-one, range number land, thirteen, east, in the district north of Red River, in the State of Louisi- ana, in virtue of their right of pre-emption, according to the act of Con- 358 LOUISIANA. gress of the twenty-ninth of May, one thousand eight hundred and thirty, any law to the contrary notwithstanding. Eeservation of SEC. 2. And be it further enacted, That it shall be the duty of the Sec- other land forretary of the Treasury to cause to be selected and reserved for the use schools. o f schools, within the said fractional township number twenty-one, in lieu of the aforesaid lot, a lot of land of equal extent and value, in the same township, or the next thereto adjoining. Jan. 30, 1833. No. 801. AN ACT for the relief of the heirs of Jean Baptiste Sancier. >p ' ' Be it enacted, y William and Francis Thomas ; upon his paying to the proper officer ot the land office at St. Helena, the sum of one dollar and twenty-five cents per Proviso. acre. Provided, however, That this act shall not be so construed as to interfere with any adverse claim to the land hereby authorized to be purchased, if any such there be. LOUISIANA. 359 No. 805. AX ACT supplementary to an act entitled "An act for the relief of Gar- rigues Flaujac, of Louisiana," approved on the twentieth May, one thousand eight hundred arid twenty-six. Be it enacted, tj'-c., That Garrigues Flaujac, of Louisiana, or his legal representatives, be, and he and they are hereby, authorized to locate the tract of land of three thousand two hundred arpens, described in the act to which this is supplementary, upon any of the unappropriated public lands in the southwestern district of lands south of Red River, in portions of not less than eight hundred superficial arpens, conform- ing, as nearly as practicable, to the lines of the public surveys: Provided, That, in addition to the release heretofore executed, the said Flaujac shall further, within one year from the passage of this act, release to the United States, in such form as the Commissioner of the General Land Office may direct, all right, title, and claim to, or in any lands heretofore located, pursuant to the act of which this is a supplement: And provided further, That the new location herein authorized, shall be made in one year from and after the passage of this act. (a) (a) See Xos. 758, 855. May 1, 1834. Vol. 6, p. 559. Authorized to Proviso. Proviso. No, 806. AN ACT for the relief of John L. Lobdell. May 1, 1834. Be it enacted, $-c., That John L. Lobdell be, and he is hereby, con- - -1 firmed in his title to a tract of land containing seven hundred superficial Land title con- arpens, situated on the west bank of the Mississippi, in the parish of flrmed - West Baton Rouge, opposite Brown's Island ; it being the same tract of land granted to Stephen Watts, by the Spanish Government, on the twelfth day of December, one thousand seven hundred and ninety- eight, by patent bearing that date, as the same was surveyed by Carlos Trudeau, at that time surveyor-general of the province of Louisiana : Provided, That this act shall be taken and construed only as a relinquish- Proviso. ment on the part of the United States, and not to prejudice the rights of third persons. No. 807. AX ACT for the relief of Luther L. Smith. May 14, 1834. Be it enacted, #c., That it shall be lawful for Luther L. Smith, of the - parish of West Feliciaua, in the State of Louisiana, at any time within Ma T enter and six mouths from and alter the passage of this act, to enter and purchase ^[and? 6 at the laud office at Helena Courthouse, af the price of one dollar and twenty-five cents per acre, a tract of land situated in said parish of West Feliciana, said to contain two hundred and seventy-nine arpens, French measure, it being the same that was conveyed by Nicholas de Semils, by order of the intendant-general of West Florida, as appears by his process verbal bearing date the fifth day of May, one thousand eight hundred and ten, and numbered eighteen hundred and thirty -five, and recorded in the office of the clerk of commissioners of land claims west of Pearl River and east of the Mississippi in book E, number one, folio one hundred and thirty-eight : Provided, It shall appear to the Proviso. satisfaction of the register and receiver for the district aforesaid, that the said tract of land is a part of the public domain. No. 808. AX ACT for the relief of the heirs and legal representatives of Frances June 18, 1834. Barham, deceased, and her husband, Fielding Barham. Vol. 6, p. 563. Be it enacted, <$-c., That six hundred and forty acres of land, situated Patent for 640 in the parish of East Feliciana, on Carr's Creek, in the State of Louis acres to issue, iana, to be located so as to embrace the improvements of Frances and Fielding Barham, be, and the same is hereby, confirmed, as a donation to the heirs and legal representatives of tbe'said Frances and Fielding Barham, and the Commissioner of the General Land Office of the United States is hereby required to issue a patent, in the usual form, for the same : Provided, That the said heirs or representatives, or any one else, shall not be entitled to but one settlement right upon the account of the settlement made by the said aforesaid Francis or Fielding, or both or either of them : Provided, further, That the title, hereby conveyed, shall not be construed, so as to prejudice the rights of third persons, or as anything more than a quit-claim title on the part of the United States. Proviso. Proviso. 360 LOUISIANA. ' June 19, 1834. IVo. 809. AN" ACT for the relief of the heirs of Alexander Boyd, deceased. Be it enacted, #c., That the heirs of Alexander Boyd, deceased, be, and Land claims they are hereby, confirmed in their claim to three hundred arpens of land, situated on the left bank of the river Comite, in the State of Louisiana, to be located according to a plat of survey made of said land by Don Vincent Sebastian Pentardo, on the twenty-ninth of August, one thousand seven hundred and ninety-nine, and approved by the royal surveyor of the province, Carlos Trudeau, on the twentieth November, Proviso. one thousand seven hundred and ninety -nine : Provided, That nothing in this act contained shall, in any manner, affect the rights of third persons, or any claim derived from the United States, by purchase or donation. June 26, 1834. No. 810. AN ACT for the relief of Asher Morgan and others. )P ' 1_ Be it enacted, #c., That Asher Morgan and the heirs at law of Philip Fitz- Authorized to gerald, deceased, be, and they are hereby, authorized to purchase quarter- enter land. sections number twenty-three and twenty-four, in township twenty-one, and range thirteen east, in the district of lands north of the Red River, in the State of Louisiana, near Lake Providence, according to, and in pursuance of, the provisions of an act of Congress passed the twenty- ninth of May, one thousand eight hundred and thirty, giving the right of pre-emption to actual settlers in said district. SEC. 2. And be it further enacted, That the register and receiver of said district be, and they are hereby, required to select two other quarter- sections in said township, to be applied to the use and purposes to which said quarter-sections have been heretofore assigned by them. June 28, 1834. No. 811. AN ACT confirming the title of Samuel Vail in a certain tract of land Vol. i , p. 574. in the parish of East Baton Rouge, Louisiana. Land title con- I> e M enacted, #c., That Samuel Vail, of the parish of East Baton firmed. Rouge, Louisiana, be confirmed in his title to two hundred and forty su- perficial arpens of land in said parish, adjoining lands of John Seay, on the north, Philip Hicky, on the south, on the east by vacant land, and on the west by laud of Antonio Grass and Armaud Duplantu, con- veyed to Jesse Ratcliff in pursuance of a grant made by the Spanish Governor, Don Manuel Gayoso de Lemos, of the fourteenth February, seventeen hundred aud ninety-nine, and by sundry mesne conveyances, Proviso. vested in the said Samuel Vail : Provided, That this act shall be con- strued only as a release from the Government of the United States, and not to affect the titles of any third persons. June 28, 1834. No. 812. AX ACT for the relief of Marguerite Baron, widow of Jean Pierre Vol.- 6, p. 575. Ledoux. Title confirmed Be it enacted ^c., That Marguerite Baron, widow of Jean Pierre Le- to a certain tract doux, be, and she is hereby, confirmed in her title to a tract of land of of land. twenty arpens in front on the Mississippi, and forty arpens in depth, which tract is situated on the left bank of the Mississippi, in the parish of West Feliciana, in the State of Louisiana, at what is called "Isle aux Chats," or Cats' Island ; this being the same tract of land which was granted by the Spanish Government to Jean Pierre Ledoux in the year one thousand seven hundred and eighty-eight. Also, to anoth- SEC. 2. And be it further enacted, That Marguerite Baron, widow as er tract. aforesaid, be, and she hereby is, confirmed in her title to another tract of land of twenty arpeus in front on the Mississippi, and five arpeus in depth, which tract of land lies immediately adjoining the tract in the first section of this act named, and it being the same tract of land which was granted by the Spanish Government to Pierre or Lasty Ledoux, son of the said Marguerite Baron, on the eighteenth day of December, one Proviso. thousand seven hundred and eighty-eight : Provided, That this act shall operate only as a relinquishmeut on the part of the United States, and shall not affect the rights of any third person. LOUISIANA. 361 IVo. S13. AX ACT in reference to pre-emption rights in the southeastern district June 28, 1834. of Louisiana. Vol. 4, p. 708. Be it enacted, c., That the pre-emption rights granted by the register Register of and receiver of the land office at New Orleans, to certain individuals land office to is- claimiug the same, in the southeastern laud district of Louisiana, un- JJ^fonnitv with der the act of Congress approved fifth April, eighteen hundred and acts of April 5, thirty- two, entitled "An act supplementary to the several laws for the 1832, and June 15J sale of public lands," and the act approved fifteenth June, eighteen 183-2. hundred and thirty-two, entitled " An act to authorize the inhabitants of the State of Louisiana to enter the back-lands," be, and they are hereby, confirmed ; and the register of the land office is hereby directed to issue patent certificates accordingly. SEC. 2. And be it further enacted, That the resurvey made under the Kesurvey on supervision of the surveyor-general of Louisiana, of certain lands on bayou St. Vin- the bayou St. Vincent, in sections designated as numbers one hundred ce and ten and one hundred and forty- three, in township thirteen of range fourteen east, situate in the southeastern district of Louisiana, and which resurvey purports to include the improvements of the actual settlers within its limits, claiming the rights of pre-emption thereto under the act o I fifth April, eighteen hundred and thirty-two, aforesaid, be, and the same is hereby, confirmed ; and payments may be made and patents issued in accordance therewith, (a) (a) SeeNos. "04, 708, 710, 720, 722, 729, 730, 731, 732, 761, 768, 786, 818, 849, 858, 860, 897, 899, 919, 920, 928, 963. IVo. 814. AN ACT for the relief of Antoine Cruzat. June 30 1834. Be it enacted, $-c., That there shall be, and hereby is confirmed unto YoL6 ' p - 584 ' Autoine Cruzar, as a donation, three arpens, nineteen perches, and sixty- Donation of nine feet in superfices, agreeably to the plat of survey made by Viucente land. Sebastian Pintado, on the nineteenth July, one thousand eight hundred and five ; the same situated in the parish of East Baton Rouge, east of the fort about three hundred a?ad twenty-five toi.^s, in the State of Louisiana? and that a patent shall issue, and be granted by the Com- missioner of the General Land Office of the United States, on the appli- cation of the said Antoine Cruzat, for the above-described tract of land : Provided, That the said Antoine Cruzat has not, and shall not claim any Proviso other lauds in right of settlement and cultivation ; and that this act shall operate only as a relinquishment, on the part of the United States, of all their right and claim to the said land, and shall not interfere with, or affect, the right or claim of other persons. No. 815. AN ACT granting to General Philemon Thomas, of Louisiana, a tract of June 30, 1834. land in consideration of the military services rendered by him in taking possession Vol. 6 p'. 592. of that portion of West Florida included in the district of Baton Rouge. ' 1_ Be it enacted, #c., That Major-General Philemon Thomas be, and he is Authorized to hereby, authorized to enter, without payment, at the proper land office, enter land in Lou- on any of the public lands within the State of Louisiana, the quantity isiana< of i welve hundred and eighty acres of land : Provided, That the same Proviso felusll be 'located in tracts of not less than six hundred and forty acres, according to legal subdivisions. No. 816. AN ACT for the relief of the legal representatives of Laurence Milligan, June 30 1834. deceased. Vol. 6, p. 599. !>< it enacted, #c., That the legal representatives of Laurence Milligan, Authorized to deceased, be, and they are hereby, authorized to locate, within twelve locate land, months after the passing of this act, under the direction of the register and receiver of the western district of Louisiana, on any unlocated lands in said district, a tract not exceeeding eight hundred arpens ; which said tract shall be granted to the representatives of the said Laurence Milligan in lieu of an equal quantity confirmed to him by a board of commissioners, under a certificate marked B, number nine hun- dred and seven, and subsequently sold by the United States; and that the proper officers of. the Government be authorized and directed to issue a patent to the said representatives accordingly. .' 62 LOUISIANA. Feb. 6, 1835. No. 817 AX ACT for the final adjustment of claims to lands in the State of Louis- Vol. 4, p. 749. iana. Valid claims to Be it enacted, <$'c., That any person or persons having claims to lands in be presented to the Stateof Louisiana, whose claims have been recognised by former lawtj ceRerwitMjitwo as vali . d but WQ ich have not heretofore been confirmed to the grantees years. or their legal representatives, be, and they are hereby, authorized to present their claims to the register and receiver of the land office in which the land may lie, within two years from the passage of this act, together with the written and other testimony in support of the same, and it shall be the duty of the register and receiver to record in a book to be kept by them for that purpose, the notice of every claim so pre- ferred, together with the evidence in support of the same ; and the said "egister and receiver are hereby further authorized to receive any evi- dence for and on behalf of other individuals who may resist the con- firmation of any such claim either on their own behalf, or that of the United States, and cause to be taken any evidence which shall be deemed necessary and proper by them to have such claim properly and justly settled, and to have the same likewise recorded iu said book, for which service, in recording the applicant's title-papers and evidence, they shall be entitled to receive from said applicant at the rate of twenty-five cents for every hundred words. Report of the SEC. 2. And be it further enacted, That it shall be the duty of the regis- claims, with tes- ters and receivers of the land offices, at or before the beginning of each ion^Jn 51 validity 8ession of Congress thereafter, to make to the Secretary of the Treasury of each, to b e a report of the claims which may have been presented before them, made, and laid together with the testimony, accompanied by their opinionsof the valitl- before Congress, ity o f each claim, and such other information respecting them as may Le iii their possession, which said report shall, by the Secretary of the Treasury, be laid before Congress as soon as practicable, with the opinion of the Commissioner of the General Land Office, touching the validity of the respective claims. () (a) SeeXos (599. 701, 70?, 704. 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 723, 731, 732, 7117, 73*, 7J9, 740, 7-15, 746, 749, 752, 7:.3, 777, 790, 819, 826, 852, 863, 864, 873, 889, 899, 904,911,946.950,957,961.967. Feb. 24, 1835. No. 818. AX ACT supplementary to an act, entitled "An act to authorize the inhab- VoL 4, p. 753. itanti of the State of Louisiana to enter the back-lands." Time for enter- Be it enacted, <$-c., That the time given by the act to which this is a ing lands on riv- supplement, to the owners of lands bordering on any of the rivers, creeks, ers, Tna t- cer taiu lots of land numbered nineteen, Authorized to twenty, and twenty-one, in township number twenty, range number patent certain thirteen east, containing lour hundred and eighty-eight acres and sixty - land, hundredths, in the district north of Red River, in the State of Louisi- ana, which has been heretofore sold, and paid for by Job Bass, deceased, be, and the same is hereby, authorized to be patented to the heirs and legal representatives of Joseph Nibert, deceased, assignee of said Job Bass, in the same manner as other lands granted to purchasers from the United States, upon condition that the Secretary of the Treasury shall first cause to be surveyed in said district, ftfr the use and benefit of schools in said township, lands equal in value to the above described tracts of land sold to the said Job Bass, deceased. July 7, 1838. No. 831. AN ACT to establish additional land offices in the States of Louisiana Vol. 5, p. 287. and Arkansas. A land office to Be it enacted, fyc., That for the disposal of that portion of the lands be established in belonging to the United States in the State of Louisiana, within the ies ' following boundaries, to wit : beginning at the point on the Sabine River, where the base line or thirty-first degree of north latitude strikes the same ; thence up said river to the point where the boundary line between the United States of Mexico, and the aforesaid State of Louis- iana shall leave the same ; thence with said boundary, when the same shall be finally fixed, to the northern boundary of the State ; thence east with said northern boundary to the dividing line between ranges three and four west ; thence with said dividing line south to the base line or thirty-first degree of north latitude ; thence with the said line to the beginning : a land office shall be established and kept in the town of Natchitoches, to be known as the office for the northwestern land district in the State of Louisiana. Pvegister and g EC> 2. And le it further enacted, That a register and receiver of pub- )eap " lie moneys shall be appointed for said land district in the manner re- LOUISIANA. 367 \ quired by law, who shall reside in the town of Nachitoches ; they shall pointed; their give bond and security in the same manner and in the same sums, as other "^ d H 8 ' . 8alar ie9, registers and receivers in said State; and their salaries, emoluments, an duties and authority shall in every respect be the same, in relation to the lands in the aforesaid district as are now given or granted to the registers and receivers in the other land offices in said State. SEC. 3. And be it further enacted, That during the continuance of the act Duringthe con- entitled "An act to grant pre-emption rights to settlers on the public lands," tinuance of act approved June twenty-second, in the year eighteen hundred and thirty- Sf ^SteuwS eight, the register and receiver of the aforesaid land district shall at- rec eiver shall at- tend at least once in two months if necessary at Shreeveport in said dis- tend at Shreeve- Trict for the purpose of receiving proof of and acting on such claims port. &c - for pre-emption rights, as may be presented to them under said act, and remaiu.at said place as long as may be necessary not exceeding two weeks at a time, and said register and receiver shall give public notice for at least two weeks of the time they will attend at said place. SEC. 4. And be it further enacted, That the Commissioner of the Gene- Commission e r ral Land Office is hereby invested with the authority to direct in what of General Land manner and on what conditions the said land office shall be supplied ^^ the office with plats and copies of plats and surveys from the offices now estab- 8n all be supplied lished at Monroe and Opelousas, and the office of the surveyor-general with plats, &c. of Louisiana, (a) * * * * * * (a) See Nos. 701, 704, 708, 710, 711, 718, 731, 737, 740, 879, 965. No. 832. AN ACT for the relief of James L. Stokes, and for other purposes. March 3, 1839. P>c it enacted, <$-c., That James L. Stokes is hereby permitted to com- plete his entry and purchase a quarter- section of land, situate in the Permitted to land district north of Red River, in the State of Louisiana, it being the *p l j ,{J northeast quarter-section of section 'number sixteen, township eleven, chase of certain range eight east ; by virtue of the act of Congress of the twelfth of land. April, one thousand eight hundred and fourteen, entitled "An act for . the final adjustment of land titles in the State of Louisiana and Terri- tory of Missouri ;" any other law to the contrary notwithstanding. SEC. 2. And be it further enacted, That it shall be the duty of the Register an d register of the land office and receiver of public moneys in the district oth aforesaid, under the direction of the Secretary of the Treasury, to select ii eU) & c . and reserve, for the use of schools in the aforesaid township, other lands, of the same extent and quality within the same or the next ad- joining township, in lieu of the quarter-section which the said James L. Stokes is hereby permitted to purchase, and which embraces his im- provements : Provided, That the said Stokes shall first obtain and file Proviso, with the register of the land office of the district the assent thereto of the commissioners of schools of the parish in which the lands lie, and of a majority of the free white male inhabitants of the township over twenty-one years of age. (a) (a) See Nos. 418, 704, 708, 710, 834, 835, 837, 841, 843, 853, 859, 883, 884, 891, 894, 895, 903. No. 833. AN ACT for the relief of Rosaline Prudhomme. March 3, 1839. Be it enacted, $-c., That Rosaline Prudhomme, widow of the late Jean 1_L Baptiste Prudhomme, of the county of Natchitoches, in the State of Land claim con- Louisiana, is hereby confirmed in her claim to a tract of land situated nrmed - in the aforesaid county, on or near the bayou La Deesa, containing six hundred and forty superficial acres, being section six, in township number twelve, north of the thirty-first degree of north latitude, and range number eleven, west of the basis meridian ; on which said Rosa- line resides : Provided, This confirmation shall only operate as a relin- Proviso, quishment to said Rosaline Prudhomme of such rights as the United States may have to said tract of land, and shall not in any manner affect the rights of third persons to the same ; nor shall this confirma- tion give any right or claim upon the United States for indemnification, in case the whole or any part of said land shall be lost. 368 LOUISIANA. March 3, 1839. No. 834. AX ACT ior the relief of the hoivs of William Graham, deceased. Be it enacted, deceased, or their legal assignee or assignees, shall produce to the aforesaid register of the land office at Natchitoches and deposite in his office a deed of release and quit-claim to the United States, made in due form of law, of all their right, title, and claim to the same quantity of land, near Fort Jesup, in Louisiana, in lieu of which the land now granted is given. March 3, 1839. No. 841. AX ACT for the relief of J. Eloi Rachal. Vol. 6, p. 783. Be it macted ^ ^ That the re gi 8 ter of the land office at Natchitoches, Land certifi- in the State of Louisiana, grant to J. Eloi Rachal a certificate for the cate to be granted quarter of section number sixteen, of township number eleven, of range number nine, situate on the right or southwest bank of Red River, about twenty-three miles above Natchitoches, the same being land to which he claims the right of pre-emption, upon his producing the receiver's receipt for the sum of one dollar and twenty-five cents per acre for each acre in said quarter-section contained. Other landto be SEC. 2. And be it further enacted, That the Secretary of the Treasury selected for use cause to be selected one quarter-section of land, in the same district, of schools. for th e U8e o f schools, in lieu of the quarter-section named in the first Proviso. section of this bill : Provided, That the school commissioners for the parish in which said land is situated, and a majority of the free white male inhabitants of the township, over twenty-one years of age, shall consent to such change, (a) (a) See Nos. 418, 704, 708, 710, 832, 834, 835, e>37, 843, 833 , 859, 883, 884, 891, 894, 895, 903. March 3 1839. No. 842. AN ACT for the relief of Henry Stoker, William G. Belknap, and Ben- Vol. 6, p'. 784. jamin Walker. Authorized to ^ e *' enacted, <$-c., That Henry Stoker, or his legal representatives or locate a tract of assigns, and William G. Belknap and Benjamin Walker, or their leg'al i* 1 "*. representatives or assigns, of the parish of Natchitoches, in the State of Louisiana, are hereby authorized to locate, on any unappropriated public land in the northwestern district for the sale of lands in the State of Louisiana, as follows: Henry Stoker, or his legal representa- tives or assigns, six hundred and forty acres, and Belknap and Walker, or their legal representatives or assigns, six hundred and forty acres, in lieu of the same quantities of land taken by the United States for public purposes, near Fort Jesup, in the State of Louisiana : and the register of the land office at Natchitoches is authorized and required to have said locations made, and issue certificates of such locations, so Proviso. that patents may issue for the same : Provided, Said locations shall be made within twelve months from the passage of this act, conforming to the legal surveys. Deeds of con- SEC. 2. And be it further enacted, That at the time of making such veyance to TJni- locations or entries, the said Henry Stoker, and the said Belknap and ted States to be Walker, or their legal representatives or assigns, shall produce to the deposited, &c. aforesaid register, and deposite in his office, their several deeds convey- ing to the United States an unencumbered title that they or any of them may claim to have in and to any tract or tracts of land claimed by them, or either of them, near Fort Jesup, in lien of which the land granted by this act is given. March 3, 1839. No. 843. AN ACT for the relief of Eobert M. Roberta or his legal assignees. Vol. 6, p. 791. Be H enacf ^ ^. c>j That Robert M. Roberts, his legal representatives Authorized to or assignees, are hereby authorized to purchase of the register and purchase certain receiver of the land office at Monroe, in the State of Louisiana, in the hind at $1.25 per di9trict for tne 8a le of lands north of Red River, lot number sixteen, in township number twenty-two north, range number twelve east, in said LOUISIANA. 371 district, containing one hundred and fifty-six and twenty-seven hun- dredths acres, at the rate of one dollar and twenty-five cents per acre ; and upon the production of the. receipt of the aforesaid receiver for the money, together with the assent in writing of the school commissioners of the parish of Carroll, in said State, and of a majority of the white male inhabitants of the township over twenty-one years of age to the making of said purchase and filing the same in the office of the regis- ter, that officer shall issue a certificate for the same ; upon the produc- tion of which at the General Land Office, the said Robert M. Roberts, or his legal assignees, shall be entitled to receive a patent for said land in the same manner as if purchased under the pre-emption laws. SEC. 2. And be it further enacted, That the aforesaid register and re- Other land to ceiver, under the direction of the Commissioner of the General Land be selected for Office, shall select and set apart an equal quantity of land of equal us value, in the same township, if the same can be found, if not, in some other place in said land district, for the use of schools in the aforesaid township, (a) (a) See Nos. 418, 704, 708, 710, 832, 834, 835, 837, 841, 853, 859, 883, 884, 891, 894, 895, 903. No. 844. AN ACT for the relief of the heirs and legal representatives of John May 2, 1840. Grimball, senior, deceased. Vol. 6, p. 797. Be it enacted, #o., That the heirs and legal representatives of John Autorz Grimball, senior, deceased, be, and they are hereby, authorized to locate lo cateland. two hundred and twenty-three and one-fourth acres, or one and a half quarter-sections of land, not exceeding that quantity in the Opelousas land district, in the State of Louisiana, upon any unreserved and unap- propriated land in said district. No. 845. AN ACT for the the relief of John W. Monette. July 4, 1840. Be it enacted, fc., That the President of the United States cause V L 6) p ' 8 2 ' patents to be issued to John Wesley Monette, for lots numbered one, Land patent to three, and four, in townships sixteen, of range twelve, east, in the dis- De issued, trict north of Red River, in the State of Louisiana, said lands having been duly entered and paid for by said John Wesley Monette. No. 846. AN ACT for the relief of Pierre Molaison, the widow o f Pierre Richoux, July 20, 1840. Alexander Comeau, Alice L. Foley, widow of John Foley, and Francois Martin, of Vol. 6, p. 808. the State of Louisiana. Be it enacted, $-c., That the claim of Pierre Molaison to a tract of land Land claim of of one arpen and a half front, more or less, with forty arpens in depth, ** ola e i ( i 0n con " situate on the left bank of the Bayou Lafourche, about three miles below the town of Tbibodauxville, be, and the same is hereby confirmed. SEC. 2. And be it further enacted, That the claim of the widow, Pierre Claim of P. Richoux, to a tract of land of one arpen and a half front, more or less, ^ichoux confirm- with forty arpens in depth, situate on the left bank of the Bayou La- fourche, about three miles below the town of Thibodauxville, and bounded on the lower side by the land of Pierre Molaison, described in the first section of this act, be, and the same is hereby confirmed. SEC. 3. And be it further enacted, That the claim of Alexander Comeau, Claim of A. Co- to a tract of land of four arpens front, with forty arpens in depth, situ- meau confirmed, ate on the left bank of the Bayou Lafourche, about four leagues and a half from the Mississippi, and designated as fractional section number fifty-eight, in township thirteen, range fourteen east, be, and the same is hereby, confirmed. SEC. 4. And be it further enacted, That the claim of Alice L. Foley, Claim of A. L. widow of John Foley, to a tract of land in the parish of Assumption, on Fole y confirmed, the left bank of the canal leading to Lake Verrit, and containing ten arpens front by forty arpens in depth, designated as sections numbers one hundred and forty and one hundred and eighty, of townships num- bers fourteen and fourteen, in range numbers thirteen and fourteen east, be, and the same is hereby confirmed. SEC. 5. And be it further enacted, That the claim of Francois Martin to Claim of F. a tract of land in the parish of Assumption, on the right bank of the Martin confirm- canal, to Lake Verrit, containing one hundred and forty and sixty -three e ' 372 LOUISIANA. Proviso. hundredths acres, be, and the same is hereby, confirmed : Provided, That none of the confirmations contained in this act shall amount to any thing more than a relinquishment of claim on the part of the United States. July 20. 1840. No. 84T AN ACT for the relief of William Marbury, of Louisiana. >P> Be it enacted, au cl he is hereby, authorized to enter, without payment, at the land lamf in 6 lieif \>f office at i Sfc< Heleua > a section of six hundred and forty acres of land, in land'sold by TJni- township seven, range three east, in the land district of St. Helena, in ted States. the State of Louisiana, in lien of and as a full equivalent for the same quantity of laud to which he had a private claim, which was confirmed, under a certificate numbered seven hundred and sixteen, in October, in the year one thousand eight hundred and twenty-seven, and which tract of land was then required, by an order of survey from the land office at St. Helena, to be run out and allotted to him in the parish of St. Tam- many, in the same land district, but which was not surveyed or allotted in pursuance of said order, and was returned as public land ; the most valuable part of which has since been sold by the United States : Pro- vided, That before a patent shall issue for the land, the entry of which is authorized by the provisions of this act, the said Marbury shall relin- quish to the United States, in such manner as the Commissioner of the General Land Office may direct, all his interest to the land originally confirmed, which should have been run out and allotted to him in the parish of St. Tammany. Proviso. March 2, 1841. No. 848. AN ACT for the relief of Jean Baptiste Comeau. ' ' Be it enarti-d, New Orleans, being numbers six, seven, eight, nine, eleven, twelve, Certain land thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, claims in New twenty-one, thirty, thirty- four, thirty- five, thirty -eight, forty-seven, Ol ^ an ^ ed dlstnct forty-eight, fifty-seven, fifty -nine, sixty, sixty-one, and sixty-two, of the two reports of the register and receiver of said land district, dated four- teenth of December, eighteen hundred and thirty-six, and second of November, eighteen hundred and thirty-seven, and made under the pro- visions of the act of the sixth of February, eighteen hundred and thirty- five, entitled "An act for the final adjustment of claims to lands in the State of Louisiana," be, and the same are hereby, confirmed : Provided, Proviso. alivays, That this is onlv to operate as a quit-claim on the part of the United States. SEC. 2. And be it further enacted, That a sum not exceeding five hun- Appropriation dred dollars be, and the same is hereby, appropriated, out of any money for documents in the Treasury not otherwise disposed of, to be used by the Commis-^^' e n ^ 1 < jjj sioner of the General Land Office, in paying the expenses of a copy of firmed. all the documents of record, and offered before the register and receiver of the New Orleans land district, in support of the claims reported upon by them., and which are not confirmed by this act. SEC. 3. And be it further enacted, That claims numbers two, five, eight, Certain claims nine, eleven, twelve, thirteen, fourteen, sixteen, seventeen, nineteen," 1 . Ouachita dia- twenty-two, twenty-six, thirty-four, thirty-five, thirty-six, thirty-eight, to forty and forty-six, of the report of the register and receiver of the Ouachita laud district, in the State of Louisiana, dated the twenty- fourth day of July, eighteen hundred and thirty-seven, and made under the provisions of the act of the sixth day of February, eighteen hundred and thirty-five, are hereby confirmed for six hundred and forty acres each. SEC. 4. And be it further enacted, That numbers one, four, seven, fifteen, Certain other eighteen, twenty, twenty-three, twenty- nine, thirty, thirty -one, thirty- claims confirmed, seven and forty-eight of said report, are also confirmed, as recommended by the register and receiver ; number three, is confirmed to two thou- sand acres, number twenty-four to one thousand acres, and number forty- five to two hundred acres : Provided, That this act shall amount only Proviso. * 374 LOUISIANA. to a relinquishment on the part of the United States, and shall in no manner affect the rights of third persons, and, on the presentation to the Commissioner of the General Land Office of a plat of survey duly ap- proved by the surveyor-general of the State of Louisiana, the claimant shall be entitled to a patent- Certain claims SEC. 5. And be it further enacted, That claims numbers ten, eighteen, at Greensbnrg, nineteen, and twenty, of the list reported by the register and receiver Si confirm* of the land office at Greensbar g> formerly St. Helena, under the provis- ed " ions of the act of Congress of the sixth day of February, eighteen hun- dred and thirty-five, entitled "An act for the final adjustment of claims to lands in the State of Louisiana," be, and the same are hereby con- firmed ; and upon the presentation to the Commissioner of the General Land Office of a plat, approved by the surveyor- general of Louisiana, the owner or owners of said claims shall be entitled to a patent. Certain other SEC. 6. And be it further enacted, That claims numbers seven and eight claims confirmed. o f the list mentioned in the preceding section are also confirmed, giving the right to the claimants to locate the same within one year after the passage of this act, on any public lands subject to sale at private entry, in the district where said claims are situated ; which location, approved and certified by the surveyor- general of Louisiana to the Commissioner Proviso. of the General Land Office, will entitle said claimants to a patent : Pro- vided, Said claimants shall, previous to making said location, relinquish to the United States their claims to the lands originally claimed by them. Certain claims SEC. 7. And be it further enacted, That the claims to land within the to land in the ^strict 8 outh of Red River, being numbers thirty-three, thirty- five,. ?he ta Red Bi^S .forty-five, fifty-two, seventy -seven, seventy-nine, eighty-seven, ninety- confirmed. ' three, one hundred, one hundred and two, one hundred and three, one hundred and eight, one hundred and twenty-two, one hundred and thirty-two, one hundred and forty- two, one hundred and forty-seven, one hundred and forty -eight, one hundred and fifty-one, one hundred and fifty-two, one hundred and fifty-seven, one hundred and fifty-nine, one hundred and sixty, one hundred and sixty-two, one hundred and sixty-three, one hundred and sixty-four, one hundred and sixty- five, one hundred and sixty-six, of the reports of the register and receiver of the land office at Opelousas, dated the thirtieth May and sixth June, eighteen hundred and forty, made under the provisions of the act of eighteen hundred and thirty-five, aforesaid, be, and the same are hereby, con- Proviso, firmed : Provided, That the Commissioner of the General Land Office shall cause a further investigation to be made, and farther evidence to be taken, in relation to claim number one hundred and sixty-one of said report ; and should it appear that the original claimants actually inhab- ited and cultivated the lands claimed on and prior to the twenty-sec- ond day of February, eighteen hundred and nineteen, then and in that case, the same shall be confirmed, by and with the approbation of the Secretary of the Treasury. Other claims SEC. 8. And be it further enacted, That the folio wing claims in the said confirmed. reports of the register and receiver of the land office at Opelousas be, and the same are hereby, confirmed, as follows, to wit : Number twenty- nine, to the legal representatives of Joseph Maritaurns; number forty- six, to the extent contained in a league square ; number forty-nine, for six hundred and forty acres, to the legal representatives of Bernard Lacroix ; number fifty-four, to the legal representatives of J. Baptiste Vallery ; number seventy-eight, for six hundred and forty acres, to One- zime Guedry, assignee of Nicholas Provost, and six hundred and forty acres to the legal heirs and representatives of Daniel Guedry and Jean Mouton, senior; number ninety-one, for so much as will, with the quan- tity heretofore confirmed, make the quantity of one league front by the depth of forty arpens ; number ninety-nine, for six hundred and forty acres, to embrace the residence and improvements of Hugh Mulhollan on and previous to the twentieth day of December, eighteen hundred and three ; number one hundred and fourteen, to the legal representa- tives of Andre Dumas ; number one hundred and fifty-four, to the legal representatives of Antonio Mora; number one hundred and fifty-eight, to the legal representatives of Louis Frizzini ; number one hundred and sixty-seven, to Jacob Wallace or his legal representatives. Certain provis- SEC. 9. And be it further enacted, That the provisions of the two pre- of the two ceding sections of this act, which confirm donation claims situate in to *e* tbat l jart of 8aid land district known as the "Neutral Territory," shall not be regarded as extending to any lands which are he.d by any person LOUISIANA. 375 by virtue of any bona-fide French or Spanish grant, warrant, or order tend to lands of survey, made prior to the twentieth of December, eighteen hundred Jeld under cer- and three, heretofore filed, according to law, with any register, or com- ^J ni missioner, or register and receiver of said district : Provided, That the & c , confirmations made by virtue of the two preceding sections shall only Proviso, operate as a relinquishment of the right of the United States, and shall not affect the right of third persons, nor preclude a judicial decision be- tween private claimants for the same land ; and on the presentation, to the Commissioner of the General Land Office of a plat of survey, duly approved by the surveyor-general of Louisiana, the claimant shall be entitled to a patent, (a) (a) See Nos. 699, 701, 703, 704, 705, 708 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737, 738, 739, 740, 745, 746, 749, 752, 753, '/77, 790, 817, 819, 826, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 961, 967. No. 853. AN ACT for the relief of Valerian Allain. Aug. 11, 1842. Be it enacted, $c., That the land, designated by certificates seventeen, eighteen, and nineteen, entered in pursuance of an act of Congress, ap- Land designat- proved twelfth April, eighteen hundred and fourteen, entitled "An act ed by certain cer- for the final adjustment of land titles in the State of Louisiana, and Sedto him n Territory of Alabama [Missouri]," entered, as appears by the certificate of the register of the land office for the eastern district of Louisiana, on the fifth day of April, eighteen hundred and thirty-two, by Valerian Allain, George Dolandes, and Robert Boyd, one hundred and sixty acres each, at one dollar and twenty -five cents per acre, paid at the time of the entry (and the said Valerian Allain having purchased of George Dolandes and Robert Boyd the land designated in certificates numbers seventeen and nineteen, which said land, by a survey subsequent to said entries, was found to be located partly on sections sixteen and seventeen, in township seven, south of range twelve east,) be, and the same are hereby, confirmed to the said Valerian Allain ; and the Commis- Patents to ia- sioner of the General Land Office is hereby authorized to issue to the 8ue therefor. said Valerian Allain patents therefor. SEC. 2. And be it further enacted, That the proper authorities of the Other land may State of Louisiana, for township seven of range twelve east, in the east- be entered in lieu ern district of Louisiana, be, and they are hereby, authorized to enter, v AuSn under the direction of the Secretary of the Treasury, other land, in lieu of the land by this act confirmed to Valerian Allain. () . . SEC. 3. And ~be it further enacted, That this act shall not be construed terfe^e "with" any so as to interfere with any rights, except those which appertain to the rights, &c. United States and Valerian Allain. (a) See Nos. 418, 704, 708, 710, 832, 834, 835, 837, 841, 843, 859, 883, 884, 891, 894, 895, 903. No. 854. AN ACT to confirm the title of the heirs of James Sympson deceased Au - 29 > 1842 - to a certain tract of land in the State of Louisiana. v r - 6 P- 869 - Be it enacted, $c., That the heirs at law of James Sympson, deceased, Land title con- late of Clarke County, State of Kentucky, be, and they are hereby, firmed, confirmed in their title to a certain tract of land situate at the mouth of the Atchafalaya at its junction with the Mississippi River, contain- ing six hundred and forty acres ; and as surveyed and platted in the surveyor-general's office at Donaldsonville, in the State of Louisiana, upon the survey made and returned by Charles Morgan, of date elev- enth February, eighteen hundred and six, and executed for Andy Rob- inson : Provided, This confir mation shall only be construed as a relin- Proviso quishment of the title of the United States to said land, and not to prejudice any superior and better title. No. 855. AN ACT for the relief of John Compton, assignee and representative of Aug. 29, 1842. G-arrigues Flaujac. VoL 6, p. 870. Be it enacted, $c., That a patent shall be issued in the usual form to " John Compton, assignee and representative of Garrigues Flaujac, for 8U eJ tohim fora the land entered by him on the twenty-fourth day of May, one thousand certain tract of eight hundred and thirty-six, at the Opelousas land office, as a back land, pre-emption to the tract on Red River, located under the act for the relief of Garrigues Flaujac, in lieu of land on Bayou Gros Tete, con- firmed to said Flaujac by act of Congress of the twenty-eighth of Feb- ruary, one thousand eight hundred and twenty-three, (a) (a) See Nos. 758, 805. 376 LOUISIANA. Aug. C A 1842. No. 856. AX ACT for the relief of the legal representatives of Therese Malette, Vol. G, p. 870. widow of Gaspard Phiole. Authorized to Be it enacted, #c., That the legal representatives of Therese Malette, locate four float- widow of Gaspard Phiole, be, and they are hereby, authorized to locate ing^rights, in lieu fl our floating rights, of five hundred acres each, on any unappropriated lands west of the Mississippi, in the State of Louisiana, which shall be in lieu of their claim to attract of two thousand acres of land, recom- mended for confirmation by the old board of commissioners at Opelonsas, and confirmed by the act of the twenty-ninth of April, eighteen hun- dred and sixteen, the location of which is disputed by the land office : Proviso. Provided, That before patents shall issue for the lands, the location of which is authorized by this act, the legal representatives of said Therese Malette shall surrender to the United States, in such manner as the Commissioner of the Land Office shall direct, all right, title, and inter- est, in and to the land held under the aforesaid confirmation : And pro- vided, also, Said locations shall be made on lands subject to sale at pri- vate entry, and to conform as nearly as possible to the public surveys of the United States. Aug. 29, 1842. No. 857. AN ACT for the relief of Jean Baptist Comeau. Vol. 6, p. 871. Se it enacts $ c ^ T h at j ean Baptist Comeau, of the parish of Lafayette, Authorized to in the State of Louisiana, be, and he is hereby, authorized to enter, enter land, in lieu without payment therefor, two hundred and ten acres of land, upon sold bv^United an ^ ^ ^ ne P u ^^ c lands which have been surveyed, and are subject to States.' sale by private entry in the district of lands subject to sale at Ope- lousas, in lieu of a like quantity of laud confirmed to him upon the re- port of the commissioners of land claims for the western district of Louisiana, of the first of May, one thousand eight hundred and fifteen, and which was subsequently sold 'by the United States to a certain Jean E. Lefabvre, under the provisions of the act of the twelfth of April, one thousand eight hundred and fourteen, entitled "An act for the final adjustment of land titles in the State of Louisiana and Territory of Proviso. Missouri:" Provided, The location of the land, the entry of which is here authorized, shall, as near as can be, conform to the legal divisions and subdivisions of the surveys of the public lands, and if the quantity located shall exceed two hundred and ten acres, the residue shall be Patent to issue, paid for at the minimum price of public lands; and upon a return of the usual certificate to the General Laud Office of the United States, a patent shall issue as in other cases of lands sold by the United States, (a) (a) See No. 848. Aug. 29, 1842. No. 858. AX ACT in relation to lands sold in the Greensburgti, late St. Helena, Vol. 5, p. 540. land district, in the State of Louisiana, and authorizing the resurvey of certain lands in said district. In cases where Be it enacted, <$-c., That in all cases where lands shall have been en- the United states tered at tbe laod office in t , ne Greensburgh, late St. Helena, land dis- ent?thTcertm- trict > in tue State of Louisiana, where the United States cannot issue cates of purchase patents therefor, owing to the errors and imperfections of the public may be surren- surveys, or to conflicting claims, it shall be lawful for the person hav- b6 Can ing made 8ucl1 entries, or his or her heirs or legal representatives, or grantees, or their heirs or legal representatives, who may [be] legally and equitably entitled to the same, after a demand of the patent, and a refusal to issue the same, to surrender his or her certificate of purchase to the Secretary of the Treasury to be cancelled; and, upon such sur- render, it shall be the duty of the Secretary of the Treasury to refund, without interest, the purchase money for said lands to the person en- titled to receive the same, out of any money in the Treasury not other- wise appropriated. President may SEC. 2. And be it further enacted, That it shall be lawful for the Pres- cause a resurvey ident of the United States, if he shall deem it expedient, to cause a re- lands &c un survey of all or any part of the lands lying in said district remaining unsold, or the certificates for which may be surrendered in virtue of this or any other act of Congress, thereby correcting the surveys, () and designating the lands covered by private claims under Spanish or French grants; and so soon as said resurvey d shall have been returned and confirmed by the Secretary of the Treasury, the unreserved public lands therein specified shall be subject to the laws for the disposal of the LOUISIANA. 377 public lands, and patents therefor shall issue as in other cases: (&) Pro- Proviso. vided, That purchasers aforesaid may retain their certificates of pur- chase, and the surveys of said tracts' shall be corrected, and when said surveys are corrected, may receive their patents from the United States for the land so purchased by them. (a) See Nos. 701, 703, 704, 708, 710, 718, 722, 724, 727, 730, 731, 777, 603. (6) See Nos. 704,708, 710, 720, 722. 729, 730, 731, 732, 761, 768, 786, 813, 818, 849, 860, 897, 809, 919, 920, 928, 963. No. 859. AN ACT to authorize the legislatures of the States of Illinois, Arkansas, Feb. 15, 1843. Louisiana, and Tennessee, to sell the lands heretofore appropriated for the use of V ol. 5, p. 600. schools in those States. [See ILLINOIS, No. 418.] No. S60. AN ACT to set aside certain reservations of lands, on account of live- March 3, 1843. oak in the southeastern district of Louisiana. Vol. 5, p. 611. Be it enacted, <$-c., That the reservations made by the United States in Certain reser. eighteen hundred and thirty-two, of lands situate in township thirteen, vations of lands range twelve east ; township fourteen, ranges twelve and thirteen east ; foi L live-oak set township fifteen, range thirteen east; township sixteen, range sixteen as east ; and township seventeen, range sixteen east, in the southeastern distiict of Louisiana, on account of the live-oak supposed to grow thereon, be set aside and annulled; and that any persons entitled to Right of pre- pre-emptiou under the existing laws, within the limits of the paid town- emptiest to said ships, be admitted to mate their proofs and complete their titles, in the lamls admitted, same manner as if the reservations for live-oak had not been made, (a) (a) See Nos. 704, 708, 710, 720, 722, 729, 730, 731, 732, 761, 768, 786, 813, 818, 849, 858, 897, 899, 919, 920, 928, 9ti3. No. 661. AN ACT for the relief of the heirs of Philander Smith and James March 3, 1843. Young. Vol. 6, p. 890. Be it enacted, $-c., That the heirs of Philander Smith and the heirs of Land claim James Young be, aud they are hereby, confirmed in their claim (accord- confirmed, ing to the portions by them respectively owned) to a tract of laud con- taining fiiteen hundred arpens, situate about six miles from the town of Baton Rouge, in the State of Louisiana, originally granted to Armand Duplantier, by Baron de Carondelet, on the twenty -fifth day of October, one thousand seven hundred and ninety-six. No. 862. AN ACT for the relief of James B. Sullivan, of the county of Kapides, March 3, 1843. in the State of Louisiana. Vol. 6, p. 905. Be it enacted, r the final adjustment of claims to land in the State of Louisiana," approved February sixth, one thou- sand eight hundred and thirty-five ; also the title-papers and evidence relating to claims in said reports, confirmed by an act entitled " An act confirming certain land claims in Louisiana," approved July sixth, one Proviso. thousand eight hundred and forty-two : Provided, That claimants shall be entitled to withdraw their original title-papers after fair copies shall have been taken by the Commissioner of the General Land Office, (a) (a) See Xos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737,738,739,740,745,746,749,752,753,777,790,817, 819, 826, 852, 864, 873, 889,899, 904, 911, 946, 956, 957, 961, 967. June 17, 1844. No. 864. AN ACT to provide for the adjustment of land claims within the States VoL 5, p. 676. of Missouri, Arkansas, and Louisiana, and in those parts of the States of Mississippi and Alabama south of the thirty-first degree of north latitude, and between the Mississippi and Perdido rivers. [See MISSOURI, No. 1067.] June 17, 1844. No. 865. AN ACT to authorize the entry of certain lands, occupied by the branch Vol. 5, p. 715. pilots of the port of New Orleans, and others, in the State of Louisiana. Allowed to en- Be it enacted, section thirty-five, township sixteen, range tain lots of land [twelve, containing ninety acres and sixty -hundredths, entered in the in Louisiana, en- name of William Moyslin ; and to the northwest fractional quarter-sec- tored in the name tion twenty-seven, township sixteen, range twelve, containing sixty-two \L andto aSt acres and fi ? tv - two hundredths, entered in the name of Elizabeth Par- of land entered ker both situated on the Red River, and sold at the Natchitoches land in ihe name of office on the eighth of May. one thousand eight hundred and forty. Elizabeth Par- And the Commissioner of the General Land Office is hereby directed to issue patents to the said Ballard for the land so above described. July 23, 1846. No. 872. A RESOLUTION authorizing the sale of certain land at Baton Rouge Vol. 9, p. 113. to the State of Louisiana. Secretary of Resolved, $~c., That, the Secretary of War be, and he is hereby, author- War authorized i ze d and empowered to sell and convey (for the use and benefit of the LouTiana certain State f Louisiana) to the three commissioners appointed by the legis- land near Baton lature of said State to select a site on which to erect a State-house, two Rouge for a site or more acres of the tract of laud owned by the United States, lying in for State-house, the parish of East Baton Rouge, State of Louisiana, above and adjoin- ing the town of Baton Rouge : Provided, That, in the judgment of the President of the United States, said sale may be made without detri- ment to the public interest. Aug. 6, 1846. No. 873. AN ACT to provide for the confirmation of certain settlement claims in YoL 9, p. 66. the Greensburg land district, Louisiana. The second He it enacted, $c., That the second proviso of the third section of the ISSiiS/S act i f act of ei ntu May, eighteen hundred and twenty-two, entitled "An act totheTeyortso'f supplementary to the several acts for adjusting the claims to land and Cosby and Skip- establishing laud offices in the districts east of the island of New Or- with on certain leans," shall not apply to the reports dated eighteenth November, eight- ditfinl hEh ttteen Dundred an P- 237 - Be it enacted, #c., That from and after the first day of October, anno A Potion of Domini eighteen hundred and forty-eight, townships fourteen north to f^ SaX of twenty-three north, inclusive, in ranges four and five west, shall be Louisiana attach- detached from the northwestern land district, Louisiana ; and the same ed to the district shall, from and after the date aforesaid, be attached to, and form a part ^9 rth of Ked of, the district north of Red River, Louisiana; and it shall be, and is tlver- hereby, made the duty of the Commissioner of the General Land Office to cause the land office in the district north of Red River to be fur- nished with the plats and other papers, or transcripts thereof, relating to the townships aforesaid, and to have this act carried into full ef- fect, (a) (a) See Nos. 701, 704, 708, 710, 711, 718, 731, 737, 740, 831, 965. No. 880. AN ACT for the relief of Edna Hickman, wife of Alexander D. Peck. June 2 Be it enacted, ^-c.,That the title to two tracts of land, ten arpens front by forty deep, each, in all amounting to eight hundred acres, situated on Title , to *, w . the Bayou Bartholomew, in the parish of Morehouse, State of Louisiana, KuTsi ana coif being a part of a Spanish grant to Baron de Bastrop, of date first June, firmed to Edna seventeen hundred and ninety-seven, be, and the same is hereby, con- Hickman. firmed to Edna Hickman : Provided, That this act shall not be so con- Proviso, strued as in any manner to confirm any part of said de Bastrop grant, save the two tracts, or to affect the rights of third persons in said two tracts hereby confirmed. No. 881. AN ACT for the relief of Charles Cappel. Aug. 5, 1848. Be it enacted, #c., That Charles Cappel, of the parish of Avoyelles, ' ' P ' State of Louisiana, his heirs and assigns, be forever confirmed in the title, _ Titleof Charles use, and possession of all that certain tract, lot and parcel of land situ- tamtoact onand ate within the said parish of Avoyelles, at Marksville, in the prairie, in the parish of and embraced within the grant of the Spanish Government to Noel Avoyelles, Louis- Soileau, lying within section numbered twenty-seven, of township two iana > confirmed, north, of range four east, as described upon the plat of the public survey of the lands of the southwestern district of Louisiana, to wit : that tract occupied by the said Charles Cappel, containing two hundred superficial arpents, five arpents front by forty arpeuts deep, not here- tofore confirmed to any other claimant. SEC. 2. Beit further enacted,That the Secretary of the Treasury cause Tract to be sur- the said tract of two hundred superficial arpents to be surveyed, and a ye.yed and patent patent to issue to said Cappel, his heirs and assigns, for the same. 382 LOUISIANA. Aug. 11, 1848. IV*. SS2. AN ACT for the relief of the heirs and widow of Francois Oramillion. Vol iv. 735. JSe it enacted, fc., That the claim of the widow and heirs of Fraucois The claim of Graimllion. to a tract of seventeen arpeus front, by forty deep. in the a"*oia i C W P a " sa ^ Avoyelles, Louisiana, bo, and tho same is hereby continued, ac- milliou to a tract Cording to :i survey executed in February, eighteen hundred and tweuty- of land confirm- six. by Kenneth MeCrummen. deputy surveyor : and it shall be the duty " nim :U tlu> laml othee :t New Orleans, containing one land iii ' Missis- hundred and sixty-live acres and eleveu-humlredths of an acre, and that sippi confirmed a patent be issued to him therefor: /Vori her achool '"' b? it further enacted. That if such patent shall be issued to lands to be select- said Purrive. in pursuance of the section aforesaid, then the register of ** the laud office ami receiver of public money in said district, under the direction of the Secretary of the Treasury, shall select and reserve for tlie ute of schools in said township other lauds in the same or adjoining township, of the same extent and quality with those described in the first section of this ace. (6) (a) Se*X.' (6) See Ko*. 418, 704, 706, 710, 832,834,835. ^-- ^1- ^^. ^-^ ^ ^- ^1. 894, W5.903. Jan. 8, IHS\ ^o. SS 1. -AX ACT for the relief of Elisha Thomason. VoL9.p.75Q. fe ^ cnact*xl, fc., That Elisha Thomason is hereby permitted to com- Eliaha Thoma- plete his entry and purchase of the northeast quarter of section sixteen, n allowed to i u township lifteeu, range five east, in the land district north of Red aiul imhase Kiver: Provided, however. That said Thomason shall first procure and of a certain trmct tile with the register of the district the assent, in writing, of the com- of land. missioiiers of schools, and a majority of the free white adult male in- Proviso. habitant* of the township in which said land lies, to such entry and pur- chase. Other land to S ' rther enacted, If such entry and purchase shall be be reserved for made by said Thomason in pursuance of the section aforesaid, then the in Ii0 " w ^ B ^ 8if ^ th ^ lllu ^ office and receiver of public money in said district, under the directions of the Secretary of the Treasury, shall select and re>erve tor the use of schools in said" township, other laud in the same or adjoining township, of the same extent and quality with those which said Thoniasou is hereby allowed to enter and purchase as afore- Mid, (a) See Nos. 418, 704, 70S, 710, 838, 834, 835, 837. <41 . S. STtf. ? 4 s?S>S, 903. No. ?S^ AN AV U for the relief of Simon Rodrigues. p l^l_ Be it enartrt. .f-.-.. That the claim of Simon Rodrigucs to his ancien: nient of tuir hundred arpens of laud, situate in the parifh of St. Xt"-**?!*' 10 , a -'^"'i.v. in the Siaa- of Lottie to so much thereof a> can be landoonfirued located in accordance with the lines ot public surveys, and without in- tertcrence with preexiMing rigl.is. or grants, or sales, by the United States, be, and the same is hereby, continued. LOUISIANA. 383 SEC. 2. And be it further enacted, That if any portion of the ancient if any portion settlement aforesaid shall be covered by preexisting rights, or grants, of said land shall or sales by the United States, the said Simon Rodrigues shall be entitled p r e ?e xTs t i n g to enter at the land office of the district within which the said ancient rights or grants, settlement is situate, such quantity of land, not more than equal to such he shall be al- deficit, as he may select, the same not being covered by a preemption ]^ lands^in right, and subject to private entry. lieu thereof. SEC. 3. And be it further enacted, That the acceptance, by the said Theacceptance Simon Rodrigues, of the provisions of this act, entirely, or in part, shall by said Kodri- be held as a full satisfaction of his said ancient claim, as in favor of the f^ e b e ji e i|{ is a ac a United States, as also in favor of conflicting claimants, if any such full satisfaction there be. of his claims. No. 886. AN ACT for the relief of James B. Davenport. Jan. 10, 1849. Be it enacted, ized and permitted to make and complete his purchase of lot numbered James G. Car- sixteen, of township numbered nineteen, of range thirteen east, in the son authorized to district of lands north of Red River, subject to entry and sale at Oua- "*? ^ nd com - chita, in the State of Louisiana, by paying at the said land office the ^ & ^ e O f s a ^er- sum of one dollar and twenty-five cents per acre for the same ; and it tain lot of land in is hereby made the duty of the United States officer at the said office to the district of receive from him the said price, and issue to him a certificate therefor, O uacuit a, Louisi- upon which he shall be entitled to a patent, as in other cases of pur- a! chases of land from the Government. SEC. 2. And be it further enacted, That the selection heretofore made, Selections here- under the directions and approval of the Secretary of the Treasury, of tofore made in lots numbered twenty-five, twenty-six, and twenty-seven, in said town- said district for ship nineteen, for the use of schools, in lieu of lot sixteen, be, and the neu of lot 16* con- same is hereby, confirmed, (a) firmed. (a) See Nos. 418, 704, 708, 710, 832, 834, 835, 837, 841, 843, 853, 859, 863, 884, 891, 895, 903. No. 895. AN ACT for the relief of Sidney Flower, of Louisiana, and for other pur- March 3, 1849. poses. Vol. 9, p. 779. Be it enacted, #c., That Sidney Flower be, and he is hereby, author- Sidney Flower ized to enter, at the minimum price of one dollar and twenty-five cents authorized to en- per acre, lot number three in township one (north) of range eight east, a ^ es O j j au 7{ ^ containining one hundred and fifty-nine and sixty-eight one hundred Louisiana. acres, in the district north of Red River, Louisiana : Provided, As said Proviso, lot has been selected for schools, that a majority of the male inhabitants of the township shall assent to the purchase, by filing an instrument to that effect in the local land office. SEC. 2. And be it further enacted, That upon such an instrument being Other school filed in the aforesaid office, the proper authorities shall have the right lands to be se- to select an equal area for schools on other public lands, in the same " land district, (a) (a) See Nos. 418, 704, 708, 710, 832, 834, 835, 837, 841, 843, 853, 859, 883, 884, 891, 894, 903. No. 896. AN ACT for the relief of Amelia Couvillion, of Louisiana. March 3, 1849. Be it enacted, #c., That Mrs. Amelia Couvillion, wife of Zeneu St I^L^L^ Remain, be, and she is hereby, authorized to enter as a preemption, and Amelia Cou- at the minimum price of public lands, the area, in legal subdivisions of yillion author- one quarter- section, so as to embrace her present actual settlement and 1ZI 25 L O VOL II 386 LOUISIANA. pre-emption a cer- "a certain improvement on a piece of public land, situated in the parish tain tract of land o f Avoyelles, on Bayou des Glaises," in the State of Louisiana, it appear- in Louisiana. j D g f r( ' m an official certificate, dated the sixteenth of October, eighteen hundred and forty-eight, of the recorder of said parish, that the said Mrs. Amelia Couvilliou became the purchaser at sheriff's sale of all the right, title, and interest of her said husband in the aforesaid improve- ment : Provided, hoicerer, That the right hereby allowed be subject to any valid adverse claim, if snch exist, to any part of the land. Jan 27 1851 Hf.897. AX ACT to grant the right of preeemption to certain purchasers and Vol 9 'n 565 settlers on the " Maison Rouge grant, " in the event of the final adjudication of the VO| -*'P- title ^ favor o the United States. Certain pur- Be it enacted, '' // triactid. 0, S97, 919, 920, 928, 963. Jan. 22, 1853. No. 900. AN ACT for the relief of the heirs of William McFarland, deceased, p. 745. . . Cj That auy interest which the Uuited States may Certain land re- have in and to a certain tract of laud situate iu townsip five, south of le / 9 w-ir tbeh M rSrau e one wtJ8t ' iu action three, in the Greenslmrg land district, in the Farland State of Louisiana, ami which tract is laid down in the transcript plat in the General Land Office, in thje names >f MfFarlaud and Mail- lard, as though confirmed, is hereby released t<> the lawful heirs of William McFarland, of the parish of East Baton Rouge in said State of Proviso. Louisiana : Provided, however, That nothing in this act shall take away, impair, impede or affect in any way any right, title, interest.claim or re- covery of any person or persons whatsoever claiming, or to claim said land. Feb. 9, 1853. No. 9OI.-AN ACT for the relief of C. L. Swayze, in relation to the location of VoL 10, p. 752. certain Choctaw.scrip. Location of Be it enacted, $c., That the Commissioner of the General Land Office Choctaw scrip, jj e? au near its u PP er limits, on the left bank of the river Mississippi, con- taining eleven and a half arpents front by forty in depth, bounded above by the land of late Jean Louis Parent, and below by the land of late Pierre Prospere, together with the tract immediately adjacent to and back of said front tract, containing a front of twelve arpents, by forty additional arpeuts depth, with such diverging of the lateral lines as to embrace an area of five hundred acres, be and she is hereby, confirmed Proviso. in the title thereto : Provided, That this act shall only be construed as a relinquish ment of the Government of all claim to said tract of land : Proviso. Andprovided also, That this act shall not operate against the claim of any third person to said tract of land. April 20, 1854. No. 903. AN ACT for the relief of John Gasman, of Louisiana. YoL 10, p. 779. Be it enacteA ^ ^ That the claim of John G U8man) under an ancient Claim of John purchase of the interest of one Rialleux, and in virtue of ancient and Gusman to cer- coll tiimed possession lor more than a third of a century, be, and the C n " 8ame i8 hereby, confirmed to a certain tract of land, fronting, on the north, the Bayou Bonfouca, in township nine south, of range fourteen LOUISIANA. 389 east, iii the Greensburg land district, Louisiana, and embracing frac- tious of sections nine, ten, fifteen, seventeen, eighteen, nineteen, twenty, twenty-three, twenty-six, twenty-seven, twenty-eight, thirty-two, and thirty-three, and sections sixteen, twenty-one, and twenty- two, accord- ing to a survey executed by one Joseph Troskolowski, as represented on a plat accompanying the petition of the said Gusman, it being the intent of this act to recognize the claim of the said Gusman to all of the said land referred to, embracing the school section : Provided, The school Proviso, authorities accede to the same, and will take other land in lieu of said school section, which they are hereby authorized to do: And provided .Further pro- further, That this act shall only operate as a relinqnishment forever on viso. the part of the United States to the said lauds, and shall not interfere \\ j rh adverse valid rights of others, if such exist, to any part of the land < in braced in the claim and survey aforesaid, (a) (a) See Xos. 418, 704, 708, 710, 832, t34, 835, 837, 841, 843, 853, 859, 883, 884, 891, 894, 895. IVo. 904. AN ACT confirming certain land claims in Louisiana, in the Bastrop June 29, 1854. grant. Vol. 10, p. 299. Be it enacted, $-c., That such of the claims entered in the report dated ^r 7 thirtieth of July, eighteen hundred and fifty-two, of the register and tion ^ s C uchland receiver at Monroe, Louisiana, as in their opinion ought to be continued, claims as in the according to the principles recognized in the act of Congress of the opinion of the third March, eighteen hundred and forty-one, pursuant to which the ^elverat Monroe said report was made, be, and the same are hereby, confirmed for the ought to be con- extent and under the limitations referred to in the opinions of the said firmed, officers. SEC. 2. And belt further enacted, That the confirmation by this act shall HOW f ar the only operate as a reliuquishment on the part of the United States, and confirmation ex- shall not affect the right of adverse claimants to the same lands, nor tends. prevent a judicial decision in regard to the same ; and upon the rendi- tion to the General Land Office of a proper plat of f urvey, duly ap- proved by the survey or- general, for any confirmation by this act, the ^\r n en patent Commissioner shall cause a patent to be issued, if satisfied that the same to be issued, is confirmed and surveyed according to the true intent of this act : Pro- Proviso. mded, That if in any case a claim confirmed by this act was not actually located prior to the third of March, eighteen hundred and fifty -one, no location of the same shall be made to the prejudice of any actual settler, but such floating claim may be located on any public lands in the Ouachita district, to which there may be no existing preemption or other valid claim, under such regulations as may be prescribed by the Commissioner of the General Land Office, (a) .(a) See Nos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737-, 738, 739, 740, 745, 716, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 99, 911, 946, 956, 957, 961, 967. Wo. 905. AN ACT to confirm the Claim of William H. Henderson, and the heirs July 17, 1854. of Robert Henderson, to five hundred acres of land in the Bastrop grant. Vol'. 10, p. 784. Be it enacted, #c., That William H. Henderson and the heirsof Kobert William H. Henderson, of the parish of Morehouse, State of Louisiana, be, and they Henderson's and .are hereby, confirmed in their claim to five hundred acres of land in the il 6 ^ 6 P f Robert prairie of Jefferson, on which the said heirs reside, as represented in the c i a e lu ^ to^amfcon 8 report of the register and receiver of the land office at Monroe, in their firmed. report of the thirtieth of July, eighteen hundred and fifty-two, and that Patent for same a patent issue to them after a legal survey duly returned : Provided, tO p^J!j,o That this act shall be construed only as a relinquishment of title on the part of the United States, and shall not affect the claims of other per- sons to the same, if any. No. 906. AN ACT for the relief of A. B. Roman, of Louisiana. July 17 1854 Lc it enacted, $c., That A. B. Roman, of the parish of St. Jameo, and Vul - 10 - P- 785 - &!;iie of Louisiana, be, and he is hereby, confirmed in all the right, title, AH the right and interest, now held or possessed b> the United States in and to the &c. the United following lands, now in his occupation, to wit : eighteen arpens front on States Lave in the right bank of the Mississippi River, and running back to the stream flin^d* to AB~ or bayou called Icetamon, in said parish, being part of a French grant Roman, made to Nicholas Verret in seventeen hundred and sixty-five ; and also nine arpents and six toises front, adjoining the first-described tract, with 390 LOUISIANA the depth of forty arpents, for the nine arpents and six toises front, the said last described tract consisting of two complete grants made by the Spanish Government to Joseph Herbert and Jean Baptiste Cormie on the twenty-seventh of September, seventeen hundred and seventy-three, and the two tracts so described containing seven thousand four hundred Provi80 and thirty- eight acres of land: Provided, That this act shall only be construed to vest in the said A. B. Roman the rights, title, and interest, in said lands now held and possessed by the United Staffs, and shall not be construed in any way to impair the boua-fide rights, interests, or . claims, acquired by any other person under adverse grants, concessions, or purchases, made prior to the passage of this act. Patent to be SEC. 2. And be it further enacted. That a patent be, and the same is issued for said hereby, directed to be issued to the said A. B. Roman for the lands de- lands> scribed in this act. Xo. 907 .-AX ACT for the relief of Richard King. July 21, 1854. Be it enacted, which was conveyed by the claimant of the Maison Rouge grant pents of land to Bagwell Baily, in eighteen hundred and eighteen, for cutting a road confirmed. through said grant, and has remained in the possession of, and in culti- vation by, said Baily and his successors, to the present time, and is now . a part of the plantation of said King, on which he has resided for many sue* * l *~ y eara 5 and that a patent issue to him for it, after a legal survey is made and returned, under the direction of the surveyor-general : Provided, That this act shall amount only to a relinquishment of title on the part of the United States. July 27, 1854. No. 908. AN ACT confirming a certain land claim in Louisiana known as the Vol* 10, p. 800. Fleuriau claim. The claim of ^ e ** enac ^) <$' c "> That the heirs, assigns, and legal representatives of the heirs, &c., of Charles J. B. Fleuriau, or Floriau, be, and they are hereby, confirmed in Charles ' J. ''B. their claim to a tract of land described in a petition or request ad- Fleuriau to acer- dressed by Joseph Villars Dubreuil to the governor and commissary of confirmed r ^ ne ^ ^ e P rov i nce f Louisiana, on the first day of Jane, seven- teen hundred and sixty-three, as the same was surveyed by A. F. Righter, a deputy surveyor, in the year eighteen hundred and thirty- nine, and certified by H. T. Williams, surveyor-general of the State of Louisiana, on the fourteenth of December, eighteen hundred and thirty- nine, and for the full extent of the land embraced in said surveys ; and Patent to issue, that a patent shall issue therefor : Provided, That this act shall be held and taken only as a relinquishment on the part of the United States. July 29 1854 1 ** 909 A ^ ACT for the relief of the Pine Grove Academy, in Louisiana. Yot 10,'p. 802. Be it enac ted, #c., That the president, directors, and trustees, of the Saidacademy's Pine Grove Academy, in the parish of Caldwell, Louisiana, be, and they title to certain are hereby, confirmed in their title to the lot of forty acres of land on lands in Louisi- which said academy is situated, near Columbia, donated to them by Hyams, Chew, and McCoy, claiming under the Maison Rouge grant, in eighteen hundred and thirty-nine, as more particularly described in the act of donation ; and that the said president, directors, and trustees, be also, and they are hereby, confirmed in their title to a certain tract or parcel of land, situated in said parish of Caldwel!, with about one mile front on the west bank of the Ouachita River, and running west be- tween five and six miles, and known as lot number twenty-three, in the plat number one, of the Maisou Rouge grant, surveyed b? John Dins- more, a deputy surveyor of the United States, containing about four thousand acres, donated to them by Daniel W. Coxe, one of the claim- ants of said grant, in eighteen hundred and thirty- nine, and that patents When patent ^ e i 88Ueo ^ to them for said lands, after a legal survey, under the in- to be issued, structions of the surveyor-general of Louisiana: Provided, Thar, this act Proviso. shall amount only to a relinquishment of title on the part of the United States, and that it shall not be construed to interfere in any manner with the rights of settlers on said lands at the date of this act. LOUISIANA. 391 No. 910. AN ACT for the relief of A. G. Penn. A\I%. 1 > 185 4 Be it enacted, $c. t That A. G. Perm, of the parish of St. Tauiauy, Lou- Vol> 10) p " 806 - isiana, be, and he is hereby, authorized to enter, by way of preemption, A. G. Penn au- th^ southwest quarter of section twenty-three, township six south, of thorized to enter, range ten east, in the Green sburg laud district, State of Louisiana, upon JJJL ^JJ * * his paying therefor, to the proper officer of the land office, the sum of tain quarter of one dollar and twenty-five cents per acre : Provided, however, That this land upon paying act shall not be so construed as to interfere with any adverse claim to f 1-23 per acre, the laud hereby authorized to be purchased, if any such there be. No. 911. AN ACT to revive the act approved March third, eighteen hundred and Aug. 3, L854. twenty-three, and the act approved May twenty-sixth, eighteen hundred and twenty- Vol. 10, p. 347. four, supplemental thereto, in reference to the Rio Hondo claims to land in Lou- isiana. Be it enacted, ^-c., That the act approved March third, eighteen him- The act of dred and twenty-three, entitled "An act providing for the examination March 3, 1823, of the titles to land in that part of the State of Louisiana situated be- JJjJ ^ ^ * tweeu the Kio Hondo aud the Sabine River," and the act approved May v i v 'etl for two twenty-sixth, eighteen hundred and twenty-four, entitled "An act sup- years, from the plemeutary to an act providing for the examination of titles to laud in promulgation of that part of the State of Louisiana situated between the Rio Hondo th and the Sabine," be, and the same are hereby, revived for and during the space of two years from the promulgation of this act. (a) Compensation SEC. a. And be it further enacted, That the register aud receiver at of th register Natchitoches shall, severally, receive, as a full compensation for the ^tc^i^hes for duties required of them by the acts herein revived, the sum of fifty their duties uu- dollars, whenever they shall have finished the business required of them der the above by the acts herein revived, and shall forward their reports to the Secre- acts - tary of the Treasury. (a) See Nos. 699, 701, 703, 704, 7G5, 708, 710, 712, 71G, 718, 721, 722, 723, 724 728, 732, 737, 738, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, b!9, 826, 852, 863, 864, 873, 889, 899, 904, 946, 956, 957, 961, 967. No, 912. -AN ACT for the relief of John McVea and John F. McKneely, of Lou- Aug. 3, 1854. isiana. Vol. fi, p. 814. Be it enacted, <$-c., That upon the return to the land office at Greensburg, John McVea Louisiana, of plats of surveys, duly approved by the surveyor-general, and John F. Mc- of township three south, of range one west, and township three south, ^rfa'in land of range one east, it shall and may be lawful for John McVea and John w hich they have F. McKueely to enter, at one dollar and twenty-five cents per acre, the held in posses- one thousand acre tract or parcel of land which they have long held in sion upon certain possession and cultivation, and which is represented as covering parts con(Ut ' lons - of sections one, two, eleven, and twelve, in township three south, of range one west, and parts of sections six, seven, thirteen, and eighteen, of township three south, of range one east, in the Greensburg land dis- trict, Louisiana : Provided, That the entry shall be made of the quan- Proviso, tity aforesaid, according to the legal subdivisions of the public lands, and shall embrace the quantity aforesaid and the land actually culti- vated and enclosed by them, as near as may be : And provided, further, Further pro- That the entry or entries made under the provisions of this act, shall V18()i not be to the prejudice of any valid adverse rights, if any such exist, to any part of the land aforesaid. No. 913.- AN ACT for the relief of the legal representatives of Charles Pavie. Be it enacted, <$-c.. That the Commissioner of the General Land Office --- be, and he is hereby, authorized and required to correct the error in the Error in land description of the claim lor land by Charles Pavie (number thirty- lai . m seven) in the report of the register and receiver of the land office at recte a. Ouachita, Louisiana, dated July twenty-fourth, eighteen hundred and thirt-seven iled "An act confirmin cer- thirty-seven, and confirmed by the act entitled "An act confirm tain land claims in Louisiana," approved July sixth, eighteen hundred and forty-two, and to have the same located on the south or right side of Red River descending, not exceeding the quantity claimed and con- firmed us aforesaid : Provided, That this is only to operate as a quit-claim on the part of the United States. 392 LOUISIANA. ' An" :> l,-:>4 :Vo> **J ! A ^ ACT for the relief of the lejial heii-s of Benjaniiii Metoyer. Vol. 10, p. g-24. y; e ,-f enac ted, t j-e., That Benjamiu Metoyer, of Natchitoches Parish, of Beni. Metoyer Louisiana, be authorized to enter for himself and the other heirs of Ben- autbo'iized to eu- jamin Metoyer, deceased, [as] near as may be by legal subdivisions^one -. ;aiu laud mmf i re ,j aut ^ twenty-three and twelve oue-hundredths acres of land. Metoye'T 1 ont ' of au >' P ublic lands belonging to the United States. Patents to issue SEC. 2. And be it further enacted, That the Commissioner of the Land for lands hereto- Office be authorized to issue to the said heirs and legal representatives, fore confirmed to patents for the lands heretofore confirmed to them or those under whom 1 116111. i i ^ *-* they claim by acts of Congress. Aug. 5, 1854. No. 915. AN ACT for the relief of Robert F. McGuire and Louisa, Ms wife, late Vol. 10, p. 825. Louisa Lamy. 11. F. and L- Be it enacted, <$-c. } That Robert F. McGuire, and Louisa McGuire, his McGuire, con- wife, late Louisa Lamy, be, and they are hereby, confirmed, in their firmed in their f jt| e to a certain tract of land, in the State of Louisiana, containing tract of lamT * m four hundred arpeuts, situate in and being a part of the " Baron de Bas- trop grant," being the same tract to which the said McGuire and wife derived their title from the conveyance of A. Morehous, dated seven- Proviso, teenth April, eighteen hundred and nine : Provided, That this act shall be considered only as areliuquishraent of title on the part of the United States to the said tract, and not prejudice the rights of third persons. Jan. 1 -:. ' :-.">. No. 916. AX ACT for the relief of the heirs and representatives of Uriah Pre vritt. Vol. 10. 1'. >:s'.i. deceased. Heirs anl n p Ik 1 it enacted, c)Y., That the heirs and legal representatives of Uriah re.si-iuuihvs of Prewitt, deceased, be, and they are authorized to locate on any unap- authorized'to^io! l )r P rijlte(l public lands in the State of Louisiana, the quantity of four cat. 404 acres in hundred and twenty-four acres; and on obtaining a proper certificate L< nisiaua. of such location, from the local land office, under the instructions of the Patent to issue. Commissioner of the General Land Office, a patent shall issue to them. Jan I- 1 I-V. No. 9l7. AX ACT for the relief of the heirs and legal representatives of William Vol." 10, p. 830. Weeks. Land claim Beit enacted, #c., That the heirs and legal representatives of William coini rniod t o Weeks be, and they are hereby, confirmed in their claim to a tract of heirs and repre- land, containing two thousand and thirty arpens, situated in the parish WfflSmWeeta. of West Feliciana, State of Louisiana, being the same granted to said William Weeks, by an order of survey of " Grand Pre," then governor of West Florida, on the thirty-first day of May, one thousand eight hundred and six, according to the survey made by Ira C. Kneeland, deputy- survey or, under commission from said governor, on the twenty- second day of September, one thousand eight hundred aud six, of record in the office of the register of the land office at Greensburg, Louisiana, and a patent shall issue therefor : Provided, That this act shall be held and taken only as a relinquishmeut on the part of the United States. J'in 1 1855 ^* 9 IS. AX ACT for the relief of Francois Cousin. Vol. 10, p. 841. j$ e a cttarti-d, a- .. That Francois Cousin be, and he is hereby, con- Francois Cou- firmed in his title to all those parts of sections twenty, twenty -one, sin confirmed in twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twen- a certain land ti- ty-seven, twenty eight, twenty-nine, thirty-five, and thirty-six, in towu- ina- ship eight south, of range twelve east, which are included within the limits of the original claim of the said Francois Cousin, tiled before the commissioner to adjust private land claims in Louisiana ; also, all that parcel of land described as section forty, in township eight south, of range r\\vl\v east, and section thirty-seven, in township eight >out!i, oi riMi'ge thirteen east, all being in the parish of St. Tammany, ami of Loni>; Patenttoissue SEC. 'J. And In- it further enacted, That the Commissioner of the Gen- ' era! Land Office shall issue a patent or patents to the said Francois Cousin for the lands above confirmed. LOUISIANA. 393 No. 919 AN ACT extending, in certain cases, the provisions of the act entitled ' March 2,1855. "An act to extend preemption rights to certain land therein mentioned," approved Vol. 10, p. 626. [March third, eighteen hundred and tifty-three. lie it enacted, j-c., That the right of preemption granted by the act of third March, eighteen hundred and fifty-three, entitled "An act to ex- Rouge grant and tend preemption rights to certain lands therein mentioned," shall be, De Bastrop and the same is hereby extended so that the settler, or occupant on the g rant - Maison Rouge grant and the De Bastrop grant, entitled to the benefits of said act, shall be entitled to enter, at the minimum price, every quarter quarter subdivision, on which he has made improvements: Pro- vided, however, That where any part df the improvements of two or more settlers or occupants is on the same quarter quarter-section, the same shall be entered in their joint names, and their rights shall be propor- tionate to the extent and value of their improvements thereon, (a) (a) SeeNos. 704, 708, 710, 720, 722, 729, 730, 731, 732, 761, 768, 786, 813,. 818, 849, 858, 860, 897, 699, 920, 928, 963. Io. 920. AN ACT making a grant of lands to the State of Louisiana, to aid in the June 3, 1856. construction of railroads in said. State. Vol. 11, p. 18. Be it enacted, t^c., That there be and is hereby granted to the State of Grant of land Louisiana, for the purpose of aiding in the construction of a railroad to Louisiana for from the Texas line, in the State of Louisiana, west of the townof ar r Greenwood ; via Greenwood, Shreveport, and Monroe, to a point on the Mississippi River, opposite Vicksbnrg; and from New Orleans by Ope- lousas, to the State hue of Texas ; and froui New Orleans to the State line, in the direction to Jackson, Mississippi ; every alternate section of land designated by odd numbers, for six sections in width on each side of said road. But in case it shall appear that th> United States have, Grant in lieu of when the line or route of said road is definitely fixed, sold any sections, lands . pre-empted or any parts thereof, granted as aforesaid, or that the right of preemp- tion has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the governor of said State, to select, subject to the approval of the Secretary af the Interior, from the lauds of the United States, nearest to the tier of sections above specified, so much in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold, or otherwise appropriated, or to which the light of preemption has attached as aforesaid; which lands (thus se- lected in lieu of those sold, and to which preemption rights have at- tached as aforesaid, together with the sections and parts of sections designated by odd numbers as aforesaid, and appropriated as aforesaid,) shall be held by the State of Louisiana for the use and purpose afore- said : Provided, That the lands to be so located shall in no case be further than fifteen miles from the line of said roads and selected for and on account of said road : Provided further, That the lands hereby granted shall be exclusively applied in the construction of said roads, and shall Land, how ap- be disposed of only as the work progresses, and the same shall be applied plied, to no other purpose whatsoever : And provid(d farther, That any and all laucis heretofore reserved to the United States by any act of Congress, or Act not to ap- iu any other manner by competent authority, for the purpose of aiding ply to reserva- in any object of internal improvement, or for any other purpose what- tions except as to BUI ver, be, and the aame are hereby, reserved to the United States from rig the operation of this act, except so far as it may be found necessary to locate the route of said railroads through such reserved lands, in which case the right of way only shall be granted, subject to the approval of the President of the United States, (a) SEC. 2. And be it further enacted, That the sections, and parts of sec- Price of alter- tious, of land which, by such grant, shall remain to the United States, nate sections within six miles *on each side of said roads, shall not be sold for less than doubled, double the minimum price of the public lands when sold ; nor shall any of said lands become subject to private entry until the same have been first offered at public sale at the increased price. (&) 'SEC. 3. And be it further enacted, That the said lands hereby granted Objec t of grant, to the said State, shall be subject to the disposal of the legislature a p u 5o high- thereof, for the purposes aforesaid, and no other ; and the said railroads wav for Govern- shall be and remain a public highway for the use of the Government of meht the United States, free Jroui toll or other charge, upon the transportation of any property or uo<.ps of the United States. 394 LOUISIANA. Lands, how dis- SEC. 4. And In- it further enacted, That the lands hereby granted to- posed, gajd state, shall be disposed of only in manner following ; that is to say, that a quantity of land not exceeding one hundred and twenty sections, and included within a continuous length of twenty miles of said roads, may be sold ; and when the governor of said State shall certify to the Secretary of the Interior that any twenty continuous miles of said roads are completed, then another like quantity of laud hereby granted may be so sold; and so, from time to time, until said roads are completed ; and if said roads are not completed within ten years, no further sale shall be made, and the lands unsold shall revert, to the United States, (a) Transportation SEC. 5. And be it further enacted, That the United States mail shall be of mails. transported over said roads under the direction of the Post Office De- partment, at such price as Congress may, by law, direct : Provided, That uutil such price is iixed by law, the Postmaster-General shall have the power to determine the same. (a) See Koa. 822, 828. 829, 924, 962, 964, 966. (b) See Xos. 704, 706, 710, 720, 722, 729, 730, 731, 732, 761, 768, 786, 813, 818, 849, 858, 860, 897,899,919,928,963. August 6, 1856. No. 921. AX ACT for the relief of Cephise Tiseros, widow of Louis Labranche, of Vol. 11, p. 455. the parish of St. Charles, and State of Louisiana. Cephise Pise- Be it enacted, j-e., That Cephise Piseros, as heir at law of Jean Francois ros confirmed in Piseros, deceased, be, and she is hereby, confirmed in her title to a tract the^riSTo? sT o laml in tbe Parish of St - Charles, and State of Louisiana, situate on Charles,La. ' tue lelt bank of the Miaaiwippi River, of about four arpents in front, with a depth of forty arpents, bounded on the north by the claim of Jean Francois Piaeroe, designated us " number eighty-eight" in the re- port of the board of commissioners for the eastern district of the Terri- tory of Orleans, and on the south by the lands of Adelard Fortier, desig- nated as claim number it farther < nactid, That the Commissioner of the General Laud Office shall, upon being presented with a plat and certificate of survey of the said tract of land, legally executed by the proper officer, issue a patent for the same : I'rurided, howercr, That such patent shall operate only as a celinquishmeut on the part of the United States, and shall not affect or prejudice the rights of any third person. August 6, 1856. ^* 922 AN ACT for the relief of Randall D. Livingston. Vol. 11, P . 455. Be{t enac i a i t f Cm) That Randall D. Livingston be, and he is hereby,. RandallD. Liv- confirmed in his title to a certain tract of land, lying and being within ingston connrni- the limits of the "'Baron de Bastrop grant," in the State of Louisiana^ *f iU . w 1{ }? d and described as follows, to wit : Beginning at a corner post in the edge De^astropgrant of a P ra i rie known as prairie "Mer Rouge ;" running thence south one in Louisiana. hundred and fifty poles, to two black oaks and three gums ; thence east one hundred and thirty-three poles, to a hickory and gum ; thence north one hundred and fifty poles, to three gums and a dogwood ; thence west one hundred and thirty-three poles, to the place of beginning ; contain- ing two hundred acres, being the same tract of land conveyed by A. Morehouse to John Martin Merriwether, by deed, dated February first, anno Domini eighteen hundred and five ; and being, also, that part of the two tracts of land, amounting in the aggregate to four hundred acres, claimed by the said Randall D. Livingston before the commis- sioners appointed under the act entitled " An act foe the settlement of certain classes of private land claims within the limits of the Baron de Bastrop grant," &c., approved March third, eighteen hundred and fifty- one, which was not confirmed by the said commissioners. Patent to issue. SEC. ~- ^" ( ^ l )(> it further enacted, That the Commissioner of the General ' Land Office shall, upon the receipt of a plat and certificate of survey of To operate only the said tract of land, legally executed by the proper officer, issue a as a relinquish- patent for the some : Provided, howercr. That such patent shall only ope- ment of title of rate as a relinquishment on the part of the United States, and shall not States affect or prejudice the rights of any third person. LOUISIANA. 395- No. 923. AX ACT to confirm Joseph Wandestrand in his title to certain lands. August C, Ic56. /> it enacted, $ sissippi to aid in the construction of railroads Li said State, and tor other purposes. Vol. 11, p. 30. [Grant of lands for a railroad from Mobile to New Orleans. See MIS- SISSIPPI, No. 1414.] No. 925. AX ACT for the relief of Cezaire Wallace, of the parish of Bossier, and Aug. 16, 1656. State of Louisiana. Vol. 11, p. 464. Be it enacted, act shall not be construed to extend further than to a relinquishment P ( ? r . ate onl y as * of title on the part of the United States ; and the claims hereby cpn- O f tit i e firmed shall be located under the direction of the register and receiver of the proper land office, in conformity with the legal subdivisions e it nac te(l, iyiag within the Baron de Bastrop grant, in the State of Louisiana, being a remainder of twenty-two hundred and fifty arpens of a tract of three thousand arpens, reported on by the register and receiver of the land office at Monroe, Louisiana, under date of July thirtieth, eighteen hundred and fifty-two, and numbered in said report as number one, of the first class ; and being, also, that portion of said tract *of land which was rejected by the said register and receiver, but recommended to the discretion and liberality of the Confirmation, Government. The confirmation hereby made, together with the con- ow, to operate. nrmat i on uu under the act entitled, "An act to graduate and reduce the land became the price of the public lands to actual settlers and cultivators," approved subject to private August fourth, eighteen hundred and fifty-four, the respective periods entry- therein referred to shall be computed from the dates on -which the lands became subject to private entry, after the first or original offering of the same, (a) (a) See Nos. 704, 708, 710, 720, 722, 729, 730, 731, 732, 761, 768, 786, 813, 818, 849, 858, 860, 897, 899, 919, 920, 963. Aug. 23, 1856. No. 929. AX ACT for the relief of the heirs and legal representatives of Bernard Vol. 11, p. 477. Hemkin. Heirs and r.-p- JJc it enacted, <|v., That the heirs and legal representatives of Bernard resentatives <> f Hemkiu be and they are hereby authorized to locate two hundred arpeus authorized 6 ! iS ot lan(l on anv ot t>he Ulireserve( l an(l ""appropriated public lands of cate certain land the Ouachita land district in the State of Louisiana, it being in lieu of in Louisiana. so much of the lot number four, recommended by the register and re- LOUISIANA. 397 ceiver of said land office for confirmation, in their report made in Jnly, eighteen hundred and fifty-two, in compliance with an act of Congress, as has been awarded to John B. Eddins : Provided, That by said loca- p rov i 80 . tion they shall not interfere with the pre-emptive or other valid rights of third persons. No. 930. AN ACT for the relief of the heirs and legal representatives of Mrs. Mag- Aug. 23, 1856. dalene Broutin, widow of De la Ronde. Be it enacted, #c., That the claim of the heirs and legal representa- Land claim of tives of Mrs. Magdalene Broutin, the widow of Don Pedro de la Konde, heirs, &c., of be and the same is hereby confirmed to a tract of land in the Greens- burg district, parish of St. Tammany, Louisiana, fronting on the West bank of Pearl River, at about ten miles from its fall into the Rigolets ; containing two thousand superficial arpentB, as represented on the plat of survey made by Carlos Trudeau, and annexed to the title deed granted by Don Juan Ventura Morales, intendeut or superintendent-general of the province of West Florida, to Mrs. Magdalene Broutin, widow of De la Ronde, on the nineteenth January, eighteen hundred and four : Pro- Proviso. vided, however, That this act shall only operate as a relinquishment for- ever on the part of the United States to the said lands ; and shall not interfere with adverse valid rights of other persons, if such exist, to any part of the land embraced in the claim and survey aforesaid. No. 931 AN ACT for the relief of the heirs and legal representatives of Ignacio Aug. 23, 1856. Delino. Vol. 11, p. 480. Be it enacted, $-c., That the claim of the heirs and legal representa- claim of heirs tives of Ignacio Deliuo be arid the same is hereby confirmed to a tract and representa- of land in the Greensburg district, parish of St. Tammany, Louisiana, tives of Ignacio fronting on the west bank of Pearl River, at about twelve miles from Jj , GJeemXmr" its fall into the Rigolets, containing two thousand superficial arpents, district, Louisf- as represented on the plat of survey made by Carlos Trndeau, and oiia, confirmed, annexed to the title deed granted by Don Juan Ventura Morales, in- tendnt-geuei al of the province of West Florida, to Ignacio Delino, on the eighteenth January, eighteen hundred and four: Provided, however, This a ^ to P- That this act shall only operate as a relinquishment forever on the part of the United States to the said lauds, and shall not interfere with adverse valid rights of other persons, if such exist, to any part of the land embraced in the claim and survey aforesaid. No. 932. AN ACT to confirm the title of Ruhama Whitaker and Rebecca Whitaker Aug. 23, 1856. to certain lands in the State of Louisiana. Vol. 11, p. 481. Be it enacted, tf-c., That there is hereby confirmed to Ruhama Whitaker TU - H . ,v .. A. "i i i i n J-/1TO 68T3t6 ID. the usuiruct title during her natural life, in two certain tracts consti- certain land in tuting one body of land on the northwest branch of Thompson's Creek, Louisiana con- in Louisiana; the one tract of five hundred and sixty arpens having firmed to Buha- been surveyed in the year seventeen hundred and ninety-nine, in the m! name of Juan Brown ; the other, of three hundred and ten arpens, hav- ing been surveyed in the year eighteen hundred and six, for Edward O'Connor ; and there is hereby relinquished to Rebecca Whitaker the Reversion re- reversionary interest of the United States in fee-simple to the said land ; liuquished to Re- and it shall be the duty of the United States surveyor-general to exe- becca whltaker - cute a proper survey of the land, according to the evidence accompany- ing the memorial of the said Ruhama Whitaker and Rebecca Whitaker to Congress : Provided, however, That the confirmation and relinquish- valid adverse ment by this act shall not interfere with any subsisting valid adverse rights saved, right, if such exist, to the whole or any part of the aforesaid land. No. 933. AN ACT for the relief of the heirs and legal representatives of Louis Aug. 23, 1856. Reggio. Vol. 11, p. 482. Be it enacted, $-c., That the heirs and legal representatives of Louis Heirs and rep- Reggio, original claimant, be and they are hereby confirmed in their resentatives of title to a certain tract of land situated on the Bayou Lacomb, in the^"" if^S in parish of St. Tammany, State of Louisiana, containing sixteen hundred their title to land arpents, more or less, according to the original plat of survey made and in Louisiana, returned to the land office, and located in townships eight and nine, of ranges twelve and thirteen east, in the land district east of the island 398 LOUISIANA. of Orleans, and west of Pearl Kiver : Provided, That this confirmation Adverse rights i 8 * n no manner to affect or impair any adverse valid rights, if such saved and other should be found to exist; but the area of such interference, if not less land to be entered than the quantity of a sixteenth of a section, the aforesaid legal repre- sentatives shall be authorized to locate on other Government lands in Louisiana, subject to entry by private sale at one dollar and twenty- five cents per acre or less. Ascertainment SEC. 2. And be it further enacted, That it shall be the duty of the sur- whether there veyor-general of Louisiana to ascertain whether any part of the origi- & r e a d v e r s e Da i c i a i m is not covered by other rights, and for puch port ion he shall make a return of a plat to the General Land Office ; and for the area of interference, if not less than the quantity aforesaid, he shall issue his certificate authorizing the location thereof on other lands in Louisiana as aforesaid ; and upon the return of such a plat, or the surveyor-gen- eral's certificate, with the tracts designated thereon by the proper regis- ter, which may be selected in accordance with this act, a patent shall Jan 28.. 18.17. No. 934.-AX ACT for the relief of Charlotte Turner. Be it enacted, tue east nalr " of the southeast quarter of section twenty- tain laud in Lou- one, and the west half of the southwest quarter of section twenty-two, isiana. in township three, of range eight east, in the southeastern district, Louisiana, in virtue of her long settlement and valuable improvements thereon. Feb. 5, 1857. IVo. 935. AX ACT for the relief of the heirs or leyal representatives of Jeremiah Vol. 11, p. 4'J1. Bryan. Heirs or repre- Be it enacted, 't eh 2, 1857. No. 937. AN ACT for the relief of Benjamin R. Gantt. ^ul. 11, p. 505. /;< . f cnacie( ^ j, c ^ Tbat the claim of Benjamin R. Gantt, as the as- Part of land signee or representative of George Rowe, to a tract of land on the east claim of Beiy. R. or j e f t, 8 id e ol the Bayou Teche, in the parish of St. Mary, State of Louis- of^^org^RowT ^ ana > i u virtue of a location made by H. Williams, surveyor-general, on confirmed. ' the twenty-first day of February, eighteen band red and forty, under the act of Congress for the relief of the said George Rowe, approved on the third day of March, eighteen hundred and thirty-nine, containing LOUISIANA. 399 not more than four hundred superficial arpents, be and the same is hereby confirmed to so much of eaid land so located, as may be found undisposed of by the United States; the same to be patented and ad- justed according to the approved plat of survey of the township in which it is situated, under instructions from the Commissioner of the General Land Office, so as to give him, the said Gantt, as near as may be, the lands sought to be located by him, being a part of sections one and two, and perhaps a fraction of eleven and twelve, in township num- ber fifteen south, of range number ten east, in the southwestern district of Louisiana : Provided, That this act shall only operate as a relinquish- Thig act to be ment forever on the -part of the United States to the said lands, and only a relinquish- shall not interfere with adverse valid rights of third persons, if such ment of title. exist, to any part thereof, (a) (a) See No. 838. No. 938. AN ACT for the relief of the inhabitants of the parish of Ascension, March :J, 1857. State of Louisiana. Vol. 11, p. 517. Beit enacted, $-c., That all that certain tract or parcel of land situate Land claim in on the west side of the Mississippi, in the parish of Ascension, contain- Louisiana con- ing four arpents, one toise and five feet in front, and forty arpents in ?^ ^J^ f^" depth, as claimed by Isadore Blanchard, for the parish church of the 1S parish of Ascension, under number three hundred and ninety-one, and reported favorably on by the old board of commissioners for the eastern district ot New Orleans Territory, and as represented in the survey of a portion of township eleven south, in ranges fourteen and fifteen east, in the surveys of the United States, southeastern district of Louisiana, west of the Mississippi, be and the same is hereby confirmed to the inhabitants of the parish of Ascension, to and for the uses and purposes for which the same has been heietoforo held and used: Provided also, Act to operate That this act shall be only considered a relinquishment on the part of only as a relin- the United States, and not to interfere with the rights of others. quishment. No. 939. AN ACT for the relief of N. C. "Weems, of Louisiana. April 21, 1858. Be it enacted, fc., That the entry of the section number sixty-eight, YoL n ' p " 529 ' of township number two north, of range number one east, in the south- Entry of land western laud district of Louisiana, by N. C. Weems, of that State, and to 7 J e patented on the first day of September, eighteen hundred and forty-nine, ' be, and is hereby, confirmed ; and the Commissioner of the Laud Office shall cause to be refunded any excess of money paid into the land office in its purchase from the Government. No. 94(K AN ACT for the relief of John R. Temple, of Louisiana, May 18f 1 g 5 g. Be it enacted, #c., That John R. Temple be, and he is hereby, con- Yo *- n ' p ' 530 ' firmed in his title to a tract of land containing six hundred and seventy T i t i c O f j hn arpens, lying and being within what is known as the "Baron de Bas- K. Temple con- trop grant," on the east side of Bayou Bartholomew, and more particu- firmed to a tract larly described in a plat anft survey executed on the nineteenth and f the ' rj!J e twentieth days of January, eighteen hundred and fifty-five, by Henry Curtis, parish surveyor for the parish of Morehouse, and State of Louis- iana ; and being all that part of two certain tracts of land, not hereto- fore confirmed to any other claimant, as follows, to wit : A tract ofland sold and conveyed by the heirs of Morehouse to George Hook, by deed dated the tenth day of December, eighteen hundred and fourteen ; arid a certain other tract conveyed by Abraham Morehouse to Jacob Stroop, son of George Stroop, by deed dated the tenth day of December, eight- een hundred and twelve. SEC. 2. And be it further enacted, That the Commissioner of the Gen- eral Land Office, upon receipt of a plat and survey of the land hereby confirmed, executed by the proper officer, shall cause a patent to be Patent to issue* issued therefor to the said John [R.] Temple: Provided, however, That Proviso, such patent shall only operate as a relinquishment of title on the part of the United States, and shall not effect the rights of any third person. 400 LOUISIANA. May 24, 1858. No. 941.=- AX ACT to revive an act entitled "Ail act for the relief of the heirs, or Vol. 11. p. 531. their legal representatives, of William Conway, deceased." Preamble. Whereas the heirs of William Conway, deceased, or their legal repre- sentatives, have never been able to avail themselves of the provisions in their favor contained in an act entitled "An act for the relief of the heirs, or their legal representatives, of William Conway, deceased," partly because of some error or mis'ake as to the location of the por- tion of the lands applied for under the act, and partly because of the existence of a legal controversy between the parties in interest under the provisions of said act : Therefore Former act re- g e ft enacted, $c.< That the said act entitled "An act for the relief of Qe the heirs, or their legal representatives, of William Conway, deceased," approved July second, eighteen hundred and thirty-six, be, and the same is hereby, revived and continued in force for one year from the passage of this act, and no longer, (a) (a) See Nos. 824, '956. May 24 1858 -No. 942. AN ACT for the relief of the representatives of "William Smith, deceased, Vol. 11, 'p. 531. la * of Louisiana. Claim of Will- B? M enacted, <$-c., That the claim of William Smith to six hundred iam Smith to and forty acres of land, now occupied by William B. Allen, in the par- land in Louisiana i SQ O f Livingston, in the State of Louisiana, and being the same he Mere & e( and re8ided ou at the time of his death aud settled originally by Stephen patent to issue. Terry, and represented on the map of surveys as section number thirty- nine, in township number six south, of range number three east ; and section number sixty, in township number six south, of range number two east, be, and the same is hereby, confirmed to the said William Smith and to his heirs and representatives, and that a patent shall issue therefor, as in other cases : Provided, That this act shall only operate as a relinquishment forever on the part of the United States to said land, and shall not interfere with adverse valid rights of others, if such exist. May 24, 1858. No. 943. AN ACT for the relief of the heirs and legal representatives of Pierre Vol. 11, p. 531. Bronssard, deceased. Claim of Pierre Be it enacted, tj'-c., That the heirs and legal representatives of Pierre Broussard to land Broussard, deceased, late of Louisiana, be, and they are hereby, cen- to Louisiana con- fi rme j j n tne i r t j t j e to a ce rtaiu tract of laud situated ou the "Bay on 11181 Teche, in the parish of St. Martin, in said State of Louisiana, and known on the recognized public surveys as section thirty-six, in township eight south, of range five east, containing about one hundred and seventy Proviso. acres : Provided, That this confirmation shall only operate as a relin- quishment of title on the part of the United States, aud shall not affect any adverse rights, if any such there be. May 24, 1858. No. 944. AN ACT for the relief of Pierre Gagnon, of Natchitoches, Louisiana. Vol. 11, p, 532. ^ ft enacted, #c., That Pierre Gagnon'be allowed to enter and pay for Pierre Gagnon his preemption claim to the northeast aufl southeast fractional quarters may enter and o f se ction number seven, in township number nine north, of rauge uurn- em^tion cTaim re 1>er six west > containing about one hundred and eighty-nine acres, in the land office at Natchitoches, Louisiana, and that a patent issue therefor Proviso. as in ordinary cases : Provided, however, That [neither] this right of entry, nor any patent issued under it, shall prejudice any valid adverse claim, should such exist. May 24, 1858. Ko 945. AN ACT for the relief of the legal representatives of Marie Malines. VoLii.p. 533. g e ft enact d } ^. Cij That the legal representatives of Marie Malines, born Representa- Rillieux, be, and they are hereby, confirmed in all the right, title, and tives of Marie interest now held or possessed by the United States in and to a certain Malines confirm- tract o f i an j i u t ne State of Louisiana, containing about thirty- two SeUnitodStates hundred arpents, being a part of a grant made by the French Govern- to certain land in ment, in the year one thousand seven hundred and sixty-four, to Marie Louisiana. Rillieux, according to a survey aud plat made by the royal surveyor,, LOUISIANA. 401 Don Carlos Trudeau, and of record in the land office at New Orleans ; and upon a proper survey, duly approved, being returned to the Gen- eral Land Office, a patent shall issue : Provided, That this act shall only Proviso, be construed to vest in the said legal representatives of Marie Malines, born Rillieux, the rights, title, and interest in said land now held and possessed by the United States, and shall not be construed in any way to impair the bona-lide rights, interests, or claims acquired by any other person under adverse grants, concessions, or purchases made prior to the passage of this act. No. 946. AN ACT to provide for the location of certain confirmed private land June 2, 1858. claims in the State of Missouri, and for other purposes. Vol. 11, p. 294. [Decisions of recorder, &c., as to certain private land claims in the east- ~~ era district of Orleans Territory confirmed, &c. See MISSOURI, No. 1102.] No. 947. AN ACT for the relief of the legal representatives of Jean Babtiste June 7, 1858. Devidrine. Vol. 11, p. 544 . Be it enacted, #c., That the legal representatives of Jean Babtiste R e p r e 8 enta , Devidrine, late of Louisiana, be, and they are hereby, confirmed in tives of Jean their claim to that tract or parcel of land known on the public surveys Babtiste Devi- of the southwestern land district of that State as lot number forty-five, drine, confirmed in township number four south, range number three east, and lot num- JJJ Louisiana and ber seventy- three, in township number four south, range number four patent to east, containing about four hundred arpents, or three hundred and fifty acres of land, and that a patent shall issue therefor as in other cases : Provided, That this act shall only be construed as a relinquish- ment of whatever title may now be vested in the United States, and shall in nowise interfere wiih any valid adverse claim of other or third parties, should such there be. Proviso. No. 948. AN ACT for the relief of the legal representatives of John McDonough, deceased, late of Louisiana. Be it enacted, tyc., That the claim numbered thirty-nine in the report of the register and receiver of the laud office at New Orleans, Loui- siana, made on the twenty-second day of November, eighteen hundred and thirty-seven, in the name of John McDonough, to a tract of about one //ww-hundred and seventy- seven superficial arpents of land, be, and the same is hereby, confirmed; and that a patent shall issue, as in ordinary cases, to the legal representatives of the said McDonough : Provided, That this confirmation shall only be construed as a relin- quishmeut of all right and title of the United States, and shall not prejudice the legal claim of any other party, should such exist, (a) (a) See Nos. 774, 779. June 7, 1858. Vol. 11, p. 545. Eepresenta- tives of John Mc- D o n o u g h con- firmed in claim to land in Louisi- ana, and patent to issue. Proviso. No. 949. AN ACT for the relief of Mrs. Ambroise Brou, of the parish of St. Charles, State of Louisiana. Be it enacted, #c. } That Mrs. Ambroise Brou, of the parish of St. Charles, in the State of Louisiana, be, and she is hereby, confirmed Feb. 9, 1859. Vol. 11, p. 559. her title to lot or section six, township twelve south, range twenty Ambroise Brou. east, and lot or section ten in township thirteen south, range twenty east, in said State ; said lands being the unconfirmed half of a tract of nine arpents twenty-six toises front, by eighty arpents in depth, the other half of which was confirmed to Ambroise Brou by the act of Con- gress of February twenty-eighth; eighteen hundred and twenty-three, and is fully described in the report of the register of the land office for the eastern district of Louisiana, dated the sixth January, eighteen hundred and twenty-one : Provided, That this act shall not affect the right, title, or claim of any third person, but shall be construed simply as a quit-claim by the United States of any title in and to said tract of land. Proviso. No. 950. AN ACT for the relief of the heirs and legal representatives of Olivier Landry, of the State of Louisiana. Be it enacted, $-c., That the heirs aad legal representatives and assigns Feb. 9, 1859. Vol. 11, p. 559. jjid title con- of Olivier Laudry be, and they are hereby, confirmed in their title to a firmed. certain tract of laud situated in township ten south, range five east, in the southwestern district of Louisiana, containing two hundred and 26 L O VOL II 402 LOUISIANA. thirty acres and eighty-four hundredths of an acre, being 1 the tract on the township map of said township marked forty-nine, bounded on one side by a tract belonging to the heirs of Rene TVahan, and on the other Proviso. by land formerly confirmed to said Olivier Landry : Provided, That this act shall only be construed as a relinquishment of any title that the United States may have to said lands, aud shall not affect any title that any third person may have in and to said lands. April 19 1860 No. 951. AN ACT for the relief of the heirs and legal representatives of Mark Vol. 12, p. 838. Elisha. Claim of Mark ^ e ^ enacted, <$-c., That the claim of Mark Elisha for four hundred Elisha to land i n arpents, entered under number three hundred and sixty-five, (register's Louisiana con- number, one hundred aud twenty-six) in the seventh class of the report dated December thirty, eighteen hundred and fifteen, of the register and receiver at Opelousas, Louisiana, be, and the same is hereby, con- firmed, the said claim not being yet surveyed, but reported as embracing parts of lots numbers three and four, and south half of sections twenty- one and twenty-eight, lot number six of section twenty-seven, and lot number one of section twenty-nine in township two north, of range four east, southwestern land district of Louisiana; and it shall be the duty of the surveyor-general of Louisiana, to survey said claim, and Proviso, represent the same on the official plats : Provided, That this act shall only be considered as a relinquishment on the part of the United States and not to to interfere with any adverse valid rights to the same land. June 1, 1860. Xo - 952. AN ACT for the relief of Braxton Bragg and Randall L. Gibson. Vol. 12, p. 845. Be it enactedf ^. c and the South Boulevard on the south, as shown by an original map of said city, on file in the office of the clerk of the sixth judicial district court of Louisiana, at East Baton Rouge, on the fourteenth of March, eighteen hundred and sixty, be, and the same is hereby, relinquished to LOUISIANA. 403 the mayor and council of the city of Baton Rouge, in trust for the several use and benefit of the owners of lots therein, according to their respective interests : Provided, That this act shall only be construed as quit claim on the part of the United States, and shall not affect the interests of third parties, nor preclude a judicial investigation in rela- tion to the title to all or any portion of the lands hereby relinquished. No. 955. AN ACT recognizing the survey of the Grand Cheniere Island, State of June 16, 1860. Louisiana, as approved by the surveyor-general, and for other purposes. Vol. 12, p. 43. Be it enacted, . the commissioners hereinafter designated, within whose district the lands claimed may be situated, together with a brief abstract of the title of the claimant, and copies of the plats of survey thereof, whenever such surveys have been made and are within the possession of the claimant, and accompanied with a sworn statement by the claimant of the lands supposed to be covered by his claim, according to the legal divisions and subdivisions of the surveys made by the United States, if the land claimed is included in any surveys so made ; and the said notices, evidence, 404 LOUISIANA. and the decisions of the commissioners thereon, shall be recorded in a book kept for that purpose, a transcript of which shall, from time to time, be transmitted to the Commissioner of the General Land Office. Whotobecom- SEC. 2. And be it further enacted, That the registers and receivers of missioners. the several land offices in the States of Florida and Louisiana, within their respective land districts, and the recorder of land titles for the city of Saint Louis, for the State of Missouri, and their successors in office, shall be, and they are hereby, appointed commissioners to hear and decide under such instructions as may be prescribed by the Commis- Their author!- sioner of the General Land Office in conformity with this act, and ac- ty, duty, &c. cording to justice and equity and the principles hereinafter established, in a summary manner, all matters respecting such claims within the districts aforesaid as come within the provisions of this act : they shall have power to administer oaths, compel the attendance of and examine witnesses, demand and obtain from the proper officers all public records in which grants of land, warrants, orders of survey, or other evidence of claims to land derived from any foreign government may have been recorded, and shall make a report to the Commissioner of the General Land Office on the claims so presented to them for decision, dividing said claims into separate classes in the manner hereinafter provided, and giving their opinion whether such claims ought to be confirmed or rejected. Claims re ported SEC. 3. And If it fnrthi-r enacted. That tl:3 claims so presented and on, to be divided passed upon by the commissioners, as aforesaid, shall be by them divi- into three classes, ded^in their report into three distinct classes, as follows, viz: Number one. Number one shall contain all claims which, in their opinion, ought to- be confirmed, where the lands claimed have been in possession and cul- tivation by the private claimants or those under whom they derive title for a period of at least twenty years preceding the date of filing the claim, by virtue of some grant, concession, or order of survey, permission to settle, or other written evidence of title emanating from some foreign government which held or claimed sovereignty or jurisdiction over the territory in which the lands claimed are situated, and where the title emanating from such foreign government bears date anterior to the cession of said territory to the United States. Number two. Xinnhi-r two shall contain all claims which, in their opinion, ought to be continued, where the lands are claimed under written evidence of title, as above provided in class number one. but where there has been no actual possession and cultivation of the laud claimed for a period of at least twenty years prior to the filing of the claim. Number three. Number three shall contain all claims which, in their opinion, ought to be rejected, whether from defect of proof, suspicion of fraud based on probable ground, uncertainty of location, vagueness of description, or any other cause sufficient, in their opinion, to justify such rejection: Proviso. Provided, That in no case shall such commissioners embrace in said classes number one and number two any claim which has been heretofore presented for confirmation before any board of commissioners, or other public officers acting under authority of Congress, and rejected as being fraudulent, or procured or maintained by fraudulent or improper means ; nor shall any such claim be received or considered by the commissioners which has been already twice rejected on the merits by previous boards. Commissioner SEC. 4. And be it further enacted, That whenever the said Commissioner of General Land shall approve the report of the commissioners in cases embraced in Officetoreport to C i a88e8 number one or number two, he shall report the same to Congress for its action ; and whenever the said Commissioner shall approve the report in cases embraced in class number three, the rejection of the claim so acted on shall be final and conclusive, and the laud embraced within the claim shall be considered and treated as other public lands belong- ing to the United States. Claims disprov- SEC. 5. And be it further enacted, That all claims comprehended within ed by him to be anv of tne ^eg, classes aforesaid, on which there shall be disapproval erSss n 1j y tne Commissioner of the report made by the boards of commissioners ai'oresaid, shall be reported to Congress for its action and final decision thereon. Proceedings SEC. 6. And be it further enacted, That whenever it shall appear that when lands, title i aD ds claimed, and the title to which may be confirmed under the pro- flrnTedhavebee- visions of this act, have been sold in whole or in part by the United sold'by the States prior to buch confirmation, or where the surveyor-general of the United States, district shall ascertain that the same cannot be surveyed and located, &c - the party in whose favor the title is confirmed shall have the right to i; LOUISIANA. 405 onter upon any of the public lands of the United States a quantity of land equal in extent, to that sold by the Government : Provided, That Pr oviso. said entry be made only on lands subject to private entry at one dollar and twenty-five cents per acre, and as far as may be possible in legal divisions and subdivisions, according to the surveys made by the United States. SEC. 7. And be it further enacted, That whenever any claim is presented Evidence o f - for confirmation under the provisions of this act, which has heretofore fered to former been presented before any board of commissioners under authority of ^jj^ d l ^j? b |* ad " Congress, the facts reported as proven by the former board shall be Commissioner^ 6 taken as true prima facia; and the evidence offered before such former board, and remaining of record, shall be admitted on the examination of Hi*} claims made under the provisions of this act. SEC. 8. And be it further enacted, That no land claimed under the Lands claimed rovisionsof this act shall be offered for sale, or otherwise disposed of under this act, ; \ the officers of the United States, until the final decision shall be g}* c be sold un ' imide on the validity of such claim ; and in no case where laud is pos- sessed or cultivated by private persons shall it be entered upon or sur- veyed as public land, or offered for sale, without previous notice given n( ^ umvatedla nd to those in possession, requiring them to present their claims for con- veyed, &c., with- firmation ; and if within sixty days from the date of such notice such out, &c. claim shall not have been tiled, then the proper officers of I he Govern- ment may proceed to the survey or sale of such lauds as public lands, without prejudice, however, to the legal rights of the possessor or claim- ant, if any he have. SEC. 9. And be it further enacted, That before the boards of comrnis- Claimants to eioners shall be required to receive for record any notice, paper, evi- advance certain dence of title, or testimony, in support of any claim, the claimant shall iu g pay to said board the sum of twenty-five cents for every hundred words required to be recorded, which shall be in full consideration for the re- cording and the transcript required .to be forwarded to the Commission- er of the General Land Office. SEC. 10. And be it further enacted, That at the commencement of each Commissioner regular session of Congress, it shall be the duty of the Commissioner of of General Land the General Land Office to make report of all that has been done under Office to report to the provisions of this act by the t-everal officers charged with its exe- cution. SEC. 11. And be it further enacted, That in any case of such a claim to Proceedings lands as is hereinbefore in the first section of this act mentioned, where where lands have the lands claimed have not been in possession of and cultivated by the not been held original claimant or claimants, or those holding title under him or them, are^c'Sed^bv for the period of twenty years aforesaid, and where such lands are complete grant, claimed by complete grant or concession, or order of survey duly exe- &c. cuted, or by other mode of investiture of the title thereto in the original claimant or claimants, by separation thereof from the mass of the pub- lic domain, either by actual survey or definition of fixed natural and ascertainable boundaries or initial points, courses and distances, by the competent authority, prior to the cession to the United States of the territory in which said lands were included, or where such title was created and perfected during the period while the foreign governments from which it emanated claimed sovereignty over or had the actual possession of such territory, the person or persons, his, her, or their heirs, devisees, legal representatives or grantees, so claiming such lands, may, at their option, instead of submitting their claim to the officer or officers hereinbefore mentioned, proceed by petition in any district court of the United States within whose jurisdiction the lands or any part of Petition toFed- the lands claimed may lie, unless such claim comes within the purview eral district of the third section of this act ; to which petition the United States court shall be made defendant, and it shall be verified by the oath of the party or parties, and conform to the provisions of section one of this Proceedings act, and to the practice of such court in chancery, and the attorney of tn the United States for such district shall defend against the same for the United States; and the court shall decide the claim valid or invalid according to the principles established in this act, and decree accord- ingly. If the decree be against the United States, an appeal shall be entered to the Supreme Court of the United States ; and if it be against the claimant or claimants, he or they may take an appeal directly to that court, as of right and course, without affidavit or security other than for costs; and the same shall be adjudged de novo in the Supreme Court as in other cases of appeals thereto in chancery, and as equity 406 LOUISIANA. and justice and the principles aforesaid may require; which decision shall be final, and patent shall thereupon issue, if the claim be adjudged valid, for so mnch of the lands claimed as remain unsold : and for so much as may have been sold, the provisions of section six of this act shall apply aud be in force. Act, how long SEC. 12. And be it further enacted, That this act shall be and remain to remain ini n force during the term of five years, unless sooner repealed by Con- gress; and all claims presented or sued upon, according to the provi- sions of this act, within the said term of five years, may be prosecuted to final determination and decision, notwithstanding the said term of five years may have expired before such final deter mination and deci- sion, (a) (a)SeeNos 699,701,703,704,705, 708,710, 712, 716, 718,731, 722, 723. 724, 728, 731, 732, 737, 7r>8, 739, 740, 745, 746, 749, 752, 753, 777, 790. 817, 819, 826, 852, 863, 864, 873, 8r9, 899, 904, 911, 946, 956, 961. 967 June 25, 1860. So. 958. AN ACT to grant to the parish of Point Coupee, Louisiana, certain tracts- Vol. 12, p. 113. of land in said parish. Land to be Be it enacted, $-c., That the tracts of land in the parish of Point ven parish of Coupee, Louisiana, which have been in ancient occupancy as the site .oupee. o f a c ]j urcn anc i court-house, and which are designated on the plats of the public surveys as sections twenty-three and twenty-four, in tmvii- ship four, south, of range ten, east, in the southeastern district, Louis- iana, be, and the same are hereby, granted to the said parish of Point Coupee, on the condition that the aforesaid section twenty-four, or the Condition. church site, shall be held by said parish for the use of the Catholic congregation now occupying it for public worship and as a burying- ground ; but not to the prejudice of a valid adverse right, if such exist. March 17, 1862. Bio. 959. AN ACT authorizing floats to issue in satisfaction of claims against the? Vol. 12, p.'371. United States for lands sold by them within the Las Ormigas and La Xana grants, in the State of Louisiana. Certificates Be it enacted, ^c., That it shall be the duty of tbe Commissioner of may be issued to the General Laud Office to issue and deliver to the respective owner or Ormieas and La owners of tae La8 O^g* 18 and La Nana tracts of land, formerly Nana tracts of situate in the parish of Natchitoches, now parishes of Sabino and De land. Soto, in the State of Louisiana, or to his or their assigns or other legal representatives, certificates or floats, in the usual form, for so much land as may have been at any time heretofore sold, donated, granted, or reserved by the United States within said tracts of land or either of How located, them; and which certificates or floats may be located by the owner or holder thereof on any lands belonging to the United States, and sub- ject to private entry at a price not exceeding one dollar and twenty- five cents per acre, and which certificates or floats shall be in full satis- faction of all claims against the United States for lands so sold, Title to be first donated, granted, or reserved: Provided, That as a condition prece- shown. dent to the issuing of the floats hereinbefore authorized, the claimant, or claimants, shall present to the Commissioner of the General Land Office satisfactory evidence of title thereto, and that such claimants have been and continue to be loyal to the Government of the United Certificates not States : And provided further, That such certificates and floats shall to exceed a cer- not exceed in gross seventeen thousand four hundred and seventy- tain amount, seven and sixty-two hundredths acres, (a) "When act to SEC. 21 And be it further enacted, That this act shall take effect take effect. immediately. (a) See No. 960. June 30 1864. Wo. 96O. AN ACT authorizing the issue of patents for locations made with certi- Vol 13 p. 326. ficates granted under authority of the act of Congress, approved March seven- teenth, eighteen hundred and sixty-two, allowing floats in satisfaction of lands sold by the United States within the limits of the Las Omegas and La Nana grants in Louisiana. Patents may is- Be it enacted, #c.,. That in the case of all locations made with certifi- eue for certain cates issued under the act of Congress approved seventeenth March, locations. eighteen hundred and sixty-two, " authorizing floats to issue in satis- faction of claims against the United States for lauds sold by them within the Las Ormegas and La Naua grants, in the State of Louis- LOUISIANA, 407 iana," it shall and may be lawful for the Commissioner of the General Land Office to cause patents to issue for such locations, where the same may be found bona fide and satisfactory to the said Commis- sioner, (a) (a) See No. 959. No. 961. AN ACT to extend the provisions of an act entitled "An act for the March 2,1867. final adjustment of private land claims in the States of Florida, Louisiana, and Mis- Vol. 14, p. 544. souri, and for other purposes." Be it enacted, dation of said land district with the land district at New Orleans, (a) (a) See Nos. 701, 704, 708, 710, 711, 718, 731, 737, 740, 831, 879. No. 966. AN ACT supplementary to an act entitled "An act to incorporate the May 2, 1872. Texas Pacific Railroad Company, and to aid in the construction of its road, and for Vol. 17, p. 59. other purposes," approved March third, eighteen hundred and seventy-one. [Texas and Pacific Railroad Company authorized to construct a road between Marshall, Texas, and Shreveport, Louisiana. See CALIFORNIA. No. 2395.] 408 LOUISIANA June in, 1872. No. 967. AX ACT to extend the provisions of an act entitled " An act for the final Vol. 17. p. 378. adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes." Provisions o f Be it enacted, #c.. That the provisions of the act entitled " An act for act tor adjusting the final adjustment of private land claims in the States of Florida, claim s 3 in Florida Louisiana, and Missouri, and for other purposes," approved June twenty- 2) p- 743 ' hereafter be called Missouri, and that the temporary government of the Louisiana to be Territory of Missouri shall be organized and administered in the man- called Missouri, ner herein after prescribed, (a) ****** * SEC. 15. And be it further enacted, That the general assembly shall Limitation of never interfere with the primary disposal of the soil by the United States the powers of the in Congress assembled, nor with any regulation Congress may find ue- general assem- cessary to make for securing the title in the bona-fide purchasers: no y ' tax shall ever be imposed on lands the property of the United States. The lauds of non-resident proprietors shall never he taxed higher than those of residents. The Mississippi and Missouri rivers, and the navi- Mississippi gable waters flowing into them, and the carrying places between the nd Missouri same, shall be common highways and forever free to the people of the fJe| rs> &c>1 to said Territory and to the' citizens of the United States, without any tax, duty or impost therefor. SEC. 16. And be it further enacted, That the laws and regulations in force Laws to con- m the Territory of Louisiana, at the commencement of this act, and not tinueiuforce, &c. inconsistent with the provisions thereof, shall continue in force until altered, modified or repealed by the general assembly. And it is hereby This act not to declared that this act shall not be construed to vacate the commission vacate commis- of any officer in the said Territory, acting under the authority of the S10DS - Un i ted States, but that every such commission shall be and continue in full force as if this act had not been made. And so much of an act, en- tituled "An act further providing for the government of the Territory ^ , of Louisiana," approved on the third day of March, one thousand eight and of act of hundred and five, (&) and so much of an act, entituled " An act for March 26, 1804, erecting Louisiana into two territories and providing for the temporary repealed, government thereof," approved the twenty-sixth of March, one thou- sand eight hundred and four, (c) as is repugnant to this act, shall from and after the first Monday in December next be repealed. On which This act to corn- first Monday in December next this act shall commence and have full J!?^ December" force : Provided, So much of it as requires the governor of said Territory igj^. to perform certain duties previous to the said first Monday of Decem- ber next shall be in force from the passage thereof. (a) See Nod. 989, 990, 991, 1034, 1043, 1045. 1068, 1071, 1076. (6) See No. 702. (c) See No. 699. 409 410 MISSOURI. June 13, 1812. No. 972. AN ACT making further provision for settling the claims to land in the Vol. 2, p. 748. Territory of Missouri. Rights to cer- ^ e '** enacted, c., That the rights, titles and claims, to town or village tain lots adjoin- lots, out-lots, common-field lots and commons, in, adjoining and belong- ing to cer tain ing to the several towns or villages of Portage des Sipnx, St. Charles, towns, confirm- g t . Loui8j g ti Ferdinand, Village a Robert, Carondelet, St. Genevieve, New Madrid, New Bourbon, Little Prairie and Arkansas, in the Terri- tory of Missouri, which lots have been inhabited, cultivated, or pos- sessed, prior to the twentieth day of December, one thousand eight hun- dred and three, shall be and the same are hereby confirmed to the in- habitants of the respective towns or villages aforesaid, according to feS"iehteofoth" * heir 8ev .eral right or rights in common thereto: Provided, That noth- ers, confirmed. in g herein contained shall be construed to affect the rights of any per- sons claiming the same lands, or any part thereof, whose claims have been confirmed by the board of commissioners for adjusting and set- Deputy s ur - tjing claims to land in the said Territory. And it shall be the duty of boundary nes tne P rinci P al deputy surveyor for the said Territory as soon as may be r &c> ' to survey, or cause to be surveyed and marked, (where the same has not already been done, according to law,) the out-boundary lines of the said several towns or villages so as to include the out-lots, common-field lots And make out and commons, thereto respectively belonging. And he shall make out plats. plats of the surveys, which he shall transmit to the survey or- general, who shall forward copies of the said plats to the Commissioner of the General Land Office, and to the recorder of land titles; the expense of Expense not surveying the said out-boundary lines shall be paid by the United States to exceed three out of any moneys appropriated for surveying the public lands : Pro- dollars per mile, rided, That the whole expense shall not exceed three dollars for every mile that shall be actually surveyed and marked, (a) ' Lots to be re- SEC. 2. And lie it further enacted, That all town or village lots, out- served for sup- i O f S? or common-field lots, included in such surveys, which are not right- 8 ' fully owned or claimed by any private individuals, or held as commons belonging to such towns or villages, or that the President of the United States may not think proper to reserve for military purposes, shall be, and the same are hereby reserved for the support of schools in the re- Proviso, spective towns or villages aloresaid : Provided, That the whole quantity of land contained in the lots reserved for the support of schools in any one town or village, shall not exceed one-twentieth part of the whole lands included in the general survey of such town or village. (&) Claims todona- SEC. 3. And be it further enacted, That every claim to a donation of lands certain <-i??um' in the 8aid Territorv > in virtue of settlement and cultivation, which is stances, confirm- embraced by the report of the commissioners, transmitted to the Sec- ed. retary of the Treasury, and which by the said report, shall appear not to have been confirmed, merely because permission, by the proper Spanish officer, to settle, has not been duly proven ; or because the tract claimed, although inhabited, was not cultivated on the twentieth of December, one thousand eight hundred and three, or not to have been confirmed on account of both said causes ; the same shall be confirmed, in case it shall appear that the tract so claimed was inhabited by the claimant or some one for his use prior to the twentieth day of December, one thousand eight hundred and three as aforesaid, and cultivated in eight months Subject to cer- thereafter, subject, however, to every other limitation and restriction tain limitations, prescribed by former laws in respect to such claims; and in all cases b ^rafirnuj wnere it: ; sha11 appear by the said report or other records of the board that claims to land have not been confirmed merely on the ground that the claim was for a greater quantity than eight hundred arpens, French measure, every such claim to the extent of eight hundred arpens, shall be confirmed, (c) Recorder to SEC. 4. And be it further enacted, That the recorder of land titles forthe make extract of ga id Territory shall, without delay, make an extract from the books of claims f rom | ne 8a ^ ij Oar( | o f commissioners of all the claims to land which are, by the preceding section, directed to be confirmed, a copy of which he shall To transmit a transmit to the Commissioner of the General Land Office ; and he shall copy to General furnish the principal deputy surveyor with a proper description of the furnish deputv tracts 8O to be conr rmeoi ? wherein the quantity, locality, boundaries surveyor with and connexion, when practicable with each other, and those tracts that descriptions, &c. have been confirmed by the board of commissioners shall be stated. And whenever plats of the surveys as herein after directed, shall have been returned to the said recorder's office, it shall be his duty to issue for each tract to be confirmed, as aforesaid, to the person entitled thereto, a certificate in favour of the party, which shall be transmitted to the MISSOURI. 411 Commissioner of the General Land Office ; and if it shall appear to the Recorder to is satisfaction of the said Commissioner that such certificate has been 8ue certificates, fairly obtained, according to the true intent and meaning of this act, then, in that case, patents shall be granted in like manner as is provided Patents to be by law for the other lands of the United States, (d) granted. SEC. 5. And be it further enacted, That the principal deputy surveyor Deputy survey- shall survey, or cause to be surveyed, under the direction of the surveyor- or to survey, general, so much of the lands in the said Territory, to which the Indian title has been extinguished, as the President of the United States may direct, into townships of six miles square, by lines running due north Townships to and south, and others crossing these at right angles ; and also the lands, be laid off', the claims to which are directed to be confirmed, by the third section of this act ; and the lands, the claims to which have been coniirined by the board of commissioners, where the same has not already been sur- veyed under the authority of the United States. And the said principal deputy surveyor shall make out a general and connected plat of all the Plat to be surveys directed by this act to be made, or which have already been made, made under the authority of the United States, which he shall transmit to the surveyor-general, who shall transmit copies of the said plat or plats to the recorder of land titles and the Commissioner of the General Expense not Land Office. The expense of surveying shall be paid by the United to exceed three States : Provided, the same shall not in the whole exceed three dollars dollars per mile. a mile for every mile that shall be actually surveyed and marked, (e) SEC. 6. And be it further enacted, That in all cases where by reason- of the indefinite description of the local situation and boundaries of any tract, the claim to which has been confirmed by the commissioners, the same cannot be ascertained by the principal deputy surveyor, it shall be the duty of th& recorder of laud titles, on the application of the said Recorder to principal deputy, to furnish such precise description thereof, as can be furnish descrip- obtained from the records in his office, and the books of the said board tions. of commissioners; and for the purpose of the more correctly ascertain- ing the locality and boundaries of any such tracts, the said principal deputy, shall have free access at all seasonable hours to the books and Access to 1)0 papers in the recorder's office, relating to land claims, and be permitted allowed to books to take copies or such extracts therefrom, or any of them, as he may and papers in re- think proper and necessary for the discharge of his duty in executing co/der 8 office. such surveys. And the said recorder shall be allowed twenty-five cents Recorder's fee. for the description of each tract which he shall furnish to the principal deputy surveyor as aforesaid. SEC. 7. And le it further enacted, That every person or persons claim- Actual settlers ing lands in the Territory of Missouri, who are actual settlers on the allowed till first lands which they claim, and whose claims have not been heretofore December, 1812, filed with the recorder of land titles for the said Territory, shall bo denceof ! claims" allowed until the first day of December next, to deliver notices in writ- &c. ing, and the written evidences of their claims to the said recorder ; 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 Barred forever be barred and become void, and the evidences of their claims never after after - admitted as evidence in any court of the United States, against any grant derived from the United States. SEC. 8. And be it further enacted, That the said recorder of land titles, Power and duty shall have the same powers, and perform the same duties in relation to of recorder, the claims thus filed before the first day of December next, and the claims which have been heretofore filed, but not decided on by the com- missioners, as the board of commissioners had by former laws respecting claims filed prior to the first day of July, one thousand eight hundred and 'eight, except that all of his decisions shall be subject to the revis- ion of Congress. And it shall be the duty of the said recorder to make to the Commissioner of the General Land Office a report of all the claims which shall be thus filed before the first day of December next, and of the claims which have been already filed but not decided on by the said commissioners; together with the substance of the evidence in support thereof, with his opinion and such remarks as he may think proper, which report together with a list of the claims which, in the opinion of the said recorder, ought to be confirmed, shall be laid by the Commis- sioner of the General Land Office be lore Congress, at their next session, 41 2 MISSOURI. Additional fee for their determination thereon. The said recorder in addition to his to the recorder, salary as fixed by law, shall be allowed fifty cents for each claim which has been filed, but not decided on by the commissioners ; or which shall be filed according to this act, and on which he shall make a decision, whether such decision be in favour of, or against the claim, and a fur- Further allow- ther allowance of five hundred dollars, which shall be paid after he ance. shall have made his. report to the Commissioner of the General Land Office ; which allowance of fifty cents for each claim decided on, and five hundred dollars on the completion of the business, shall be in fall compensation for his services, including clerk hire, respecting the claims to be decided on according to this act. (a) See Nos. 999, 1016, 1119, 1143. (6) See JSTos. 968, 989. 995, 1013. 101U, 1093, 1114, 1142, 1145. (c) See Nos. 722, 728, 957, 967, 97:i, 974, 97(i, 980, 988, 998, 1002, 1007, 1020, 1024, 1041, 1063, 1067. 1102, 1104, 1106, 1107. 1124, 1139, 1143. (d) See Xos. 189, 701, 973, 974, 977, 1020, 1024, 1143, 1149. () See Xos. 340, 344, 979, 1121. March 3, 1813. No. 973. AX ACT allowing further time for delivering the evidence in support of Vol. 2, p. 812. claims to land in the Territory of Missouri, and for regulating the donation grants therein Further time -Be it enacted, > That any person or persons owning lands in the to persons hav- county of New Madrid, in the Missouri Territory, with the extent the ing lands in the said county had on the tenth day of November, one thousand eight hun- x? u K of ,^ ew< lretl and twelve, and whose lands have been materially injured by were 1 " injured 1 by earthquakes, shall be, and they hereby are authorized to locate the like earthquakes, on quantity of land on any of the public lands of the said Territory, the Nov. 10, 1812. sale of which is authorized by law : Provided, That no person shall be permitted to locate a greater quantity of land under this act, than the quantity confirmed to him, except the owners of lots of ground or tracts of land of less quantity than one hundred and sixty acres, who are hereby authorized to locate and obtain any quantity of land not ex- ceeding one hundred and sixty acres, nor shall any person be entitled to locate more than six hundred and forty acres, nor shall any such location include any lead mine or salt spring: And provided also, That in every case where such location shall be made according to the pro- visions of this act, the title of the person or persons to the land injured as aforesaid, shall revert to, and become absolutely vested in, the United States. MISSOURI. 415 SEC. 2. And be further enacted, That whenever it shall appear to the Manner in recorder of land titles for the Territory of Missouri, by the oath or affir- mation of a competent witness, or witnesses, that any person or per- sons are entitled to a tract or tracts of land under the provisions of this act, ic shall be the duty of the said recorder to issue a certificate thereof to the claimant or claimants ; 'and upon such certificate being issued, and the location made on the application of the claimants, by the prin- cipal deputy surveyor for said Territory, or under his direction, whose duty it shal'l be, to cause a survey thereof to be made, and to return a plat of each location made to the said recorder, together with a notice in writing, designating the tract or tracts thus located, and the name of the claimant on whose behalf the same shall be made ; which notice and plat the said recorder shall cause to be recorded in his office, and shall receive from the claimant for his services on each claim, the sum of two dollars, for receiving the proof, issuing the certificate, and re- cording the notice and plat as aforesaid ; and the surveyor shall be en- titled to the same compensation for his services from the party apply ing, as is allowed for surveying the public lands of the United States, (a) SEC. 3. And be it further enacted, That it shall be the duty of the re- corder of land titles, to transmit a report of the claims allowed, and locations made under this act, to the Commissioner of the General Land j an( j office by the Office, and shall deliver to the party a certificate, stating the circum- recorder. stances of the case, and that he is entitled to a patent for the tract there- in designated, which certificate shall be filed with the said recorder within twelvemonths after date, and the recorder shall thereupon issue .a certificate in favour of the party, which certificate being transmitted to the Commissioner of the General Land Office, shall entitle the party to a patent, to be issued in like manner as is provided bylaw for other public lauds of the United States. (6) (a) See Nos. 985, 992, 1004, 1017, 1117. (6) See ]S T 08. 189, 701, 972, 973, 974, 1020, 1024, 1143, 1149. A report of his ^ the No. 978. AN ACT for the benefit of John P. Maxwell, and Hugh H. Maxwell. Be it enacted, fc., That all the right, title, and interest of the United States, of, in, and to, any real estate, whereof a certain James Maxwell died seized, on the twenty-eighth day of May, one thousand eight hun- dred and fourteen, be, and the same is hereby released unto John P. April 27, 1816. Yo1 - 6 > P- 16d - Right of the ^ted States re- , , , . hn 11 P.* and Maxwell, of the Missouri Territory, and Hugh H. Maxwell, of the Ter- Hugh H. Max- ritory of Illinois, nephews of the said James Maxwell, and the same is well. hereby vested in the said John P. Maxwell, and Hugh H. Maxwell and their heirs forever, as fully as if they had been citizens of the United States on the said fourteenth day of May, one thousand eight hundred and fourteen ; saving and reserving to all persons, other than the United States, any right, title, or interest, of, in, and to, the premises aforesaid, whereof the said James Maxwell died seized, as fully and amply as if this law had never been passed. No. 979 AN ACT to provide for the appointment of a surveyor of the public April 29, 1816. lands in the Territories of Illinois and Missouri. Vol. 3, p. 32o. [See ILLINOIS, No. 340.] No. 9SO. AN ACT for the confirmation of certain claims to land in the western April 29, 1816. district of the State of Louisiana and in the Territory of Missouri. VoL 3, p. 328. [See LOUISIANA, No. 728.] No. 981. AN ACT concerning pre-emption rights given in the purchase of lands to April 29, 1816. certain settlers in the State of Louisiana, and in the Territory of Missouri and Vol. 3, p. 330. Illinois. [See LOUISIANA, No. 729.] 416 MISSOURI. April 29, 1816. No. 982. AN ACT to authorize the survey of two millions of acres of the publie Vol. 3, p. 33-2. lands, in lieu of that quantity heretofore authorized to be surveyed, in the Terri- tory of Michigan, as military bounty lauds. [Five hundred thousand acres of land in Missouri to be surveyed and set apart as military bounty lands. See ILLINOIS, No. 342.] Feb. 17, 1818. No. 983 AN ACT makingprovision for the establishment of additional land offices Vol. 3, p. 406. in the Territory of Missouri. A land office at Beit enacted, #c., That, for the disposal of the lands of the United the seat of jus- States west of the Mississippi River, and in the Territory of Missouri, tice in the county i n addition to the land office now established by law, there shall be Soward. established within the said Territory the following offices, to wit : one at the seat of justice in the county of Howard for all the lands lying within the following boundaries ; beginning at a point where the west- ern line of range ten, west from the fifth principal meridian, intersects the north line of township thirty-four; thence, west with said town- ship line, to where the same intersects the Osage boundary line ; thence, north with the Osage boundary line, to the Missouri River ; thence, up and with the Missouri Elver, to the western Indian boundary line at the mouth of Kansas River ; thence, north with the said western Indian boundary line, to where the same shall intersect the northern Indian boundary line ; thence, east with the said northern Indian boundary, to where the same shall intersect the aforesaid west line of range ten ; thence, south with the said range line, to the place of beginning. And A land officein a land office shall be establ ished in the county of Arkansas, at such place the county of AT- as the President shall deem most convenient, for all the lands in the kansas. district bounded as follows: beginning on the river Mississippi, at the thirty-third degree of north latitude; thence, up and with the Missis- sippi River, to the mouth of St. Francis River, where the base line inter- sects the same ; thence, west with the said base line to where the same shall intersect the meridian on which the Osage boundary line is run ; thence, due south, to the thirty-third parallel of latitude ; thence, east Aland office at with the said parallel, to the place of beginning. And a laud office shall the seat of jus- b e established at the seat of justice in the county of Lawrence, for all ofTaw t rence Ulty the lan(ls in the district bounded as follows: beginning on the base line, at the mouth of the St. Francis ; thence, up and with the Missis- sippi River, to the intersection of the same by the north Lne of town- ship fifteen north ; thence, west with the said north line of township fifteen, to where the same shall intersect the Osage boundary line; thence, due south to the aforesaid base line ; thence, east with the said Aland office at base line, to the place of beginning. And a land office shall be estab- the town of Jack- lished at the town o f j ac t 8 on, in the county of Cape Girardeau, for all the lands in the district bounded as follows: beginning on the Missis- sippi River, where the north line of township fifteen north intersects the same; thence, up and with the Mississippi, to its intersection by the north line of township thirty-four north ; thence, west with the said north line of township thirty-four, to the Osage boundary line ; thence, south with the said boundary, to the north line of township fifteen ; District of the thence, east with the said township line, to the place of beginning. And land office at St. a n the lauds within the following boundaries shall form a district for the land office established by law at St. Louis, i the county of St. Louis, viz : beginning on the Mississippi River, where the north line of town- ship thirty-four north intersects the same ; thence, up and with the Mis- sissippi River to the mouth of Desmoin River; thence, up and with the Desmoin to the north Indian boundary line ; thence, west with the said boundary, to the west line of range ten west ; thence, south with said range line, to the north line of township thirty-four north ; thence, east with the said township line, to the place of beginning, (a) Time of open- SEC. 2. And be it further enacted, That so soon as, in the opinion of the ing the land offi- President of the United States, there shall be a sufficient quantity of ces, &c. t jj e p u bij c lauds surveyed, within all or either of the land districts hereby established, to authorize the opening of all, or either of the land offices aforesaid, he shall cause the same to be opem d, and shall proceed, from time to time, to appoint, with the advice and consent of the Senate, for each of the said offices, a register and a receiver of public moneys, \vbo shall give security in the same sums, and in the same manner, and whose compensation, emoluments, and duties, and authority shall, in MISSOURI 411 every respect, bo the same, in relation to the lands which shall be dis- Register and posed of at their offices, as are, or may be, provided by law, in relation J3JJJ to boap " to the registers and receivers of public moneys in the several land offices established for the disposal of the lands of the United States northwest of the river Ohio and above the mouth of the Kentucky River. SEC. 3. And ~be it further enacted, That whenever a land office shall Whenever a have been established in any of the districts aforesaid, and a register laud office shall and receiver of public moneys appointed for the same, the President of uJhla *Tc th e the United States shall be, and he is hereby, authorized to direct sop re sident to di- much of the public lands lying in such district as shall have been sur- rect lands to be veyed according to law to be offered for sale, with the same reservations off ere( l for sale, and exceptions, and on the same terms and conditions in every respect, ( as was provided for the sale of the public lands in the Territory of Lou- isiana, by the tenth section of an act entitled "An act providing for the final adjustment of claims to lands, and for the sale of the public lands, in the Territories of Orleans and Louisiana, and to repeal the act passed for the same purpose, and approved February sixteenth, one thousand eight hundred and eleven," except that the register and receiver of pub- lic moneys alone may be competent to superintend the public sales, (&) and that, instead of one township for the support of a seminary of learn- Two townships ing, there shall be two townships located for the purpose by the Secre- for the support of tary of the Treasury, and reserved from sale: Provided, That one of f e |rnhiff lia nro- said townships shall be located on the waters of the Missouri and the v ided, &c. other on the waters of the Arkansas, (c) (a) See Nos. 994, 997, 1001, 1019, 1028, 1064, 1076, 1079, 1095. (&) SeeNos. 729, 981, 997, 1007, 1009, 1010, 1020, 1028, 10a3, 1086, 1096, 1110, 1115, 1120, 1121, 1135. (c) See Nos. 989, 1003, 1018. No. 984. AN ACT allowing additional salary and clerk hire to the surveyor for April 3, 1818. the Illinois and Missouri Territories, and for other purposes. Vol. 3, p. 412. [Fixing compensation of surveyors-general for Illinois and Missouri. See ILLINOIS, No. 344.] No. 985. AN ACT limiting the time for claims being produced for lands au- April 9, 1818. thorized to be granted to the inhabitants of New Madrid. Vol. 3, p. 417. lie it enacted, shall > while the y continue to be held by the pat- date of patent, entees, or their heirs, remain exempt as aforesaid from taxation for the term of three years from and after the date of the patents res- pectively. (&) * (a) See Nos. 971, 990, 991, 1034, 1043, 1045, 1068, 1071, 1076. , (b) See Nos. 791, 1084. ' (c) See Nos. 972, 988, 995, 1013, 1016, 1093, 1114, 1142, 1145. (d) See Xos. 995, 1009, 1018. (e) ^ee Nos. 993, 1015, 1103. (/) See Nos. 983, 1003, 1018. March 2, 1821. No. 990. RESOLUTION providing for the admission of the State of Missouri Vol. 3, p. 645. into the Union, on a certain condition. Missouri ad- Resolved, #c., That Missouri shall be admitted into this Union on an. mitted into the equal footing with the original States, in all respects whatever, upon Union on a cer- the fundamental condition, that the fourth clause of the twenty-sixth tain condition, ee ction of the third article of the constitution submitted on the part of said State to Congress, shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity Thereto, by which any citizen, of either of the States in this Uuiou, shall be exclude.! from the enjoyment of any of the privileges and im- munities to which such citizen is entitled under the Constitution of the Proviso: the United States : Provided, That the legislature of the said State, by a legislature of the solemn public act, shall declare the assent of the said State to the said ^ t d ? clare fundamental condition, and shall transmit to the President of the United States, on or before the fourth Monday in November next, an. authentic copy of the said act ; upon the receipt whereof, the Presi- dent, by proclamation, shall announce the fact; whereupon, and with- out any further proceeding on the part of Congress, the admission of the said State into this Union shall be considered as complete, (a) (a) See Nos. 971, 989, 991, 1034, 1043, 1045, ,1068, 1071, 1076. Aug. 10, 18-21. No. 991. A PROCLAMATION by the President of the United States respecting *Vol. 3, p. 797. the admission of the State of Missouri into the Union. ~~^ T , Whereas the Congress of the United States, by a joint resolution of admittiug Mis- the second day of March last, entitled "Resolution providing for the souri into the admission of the State of Missouri into the Union on a certain condi- Union tion," did determine and declare " that Missouri should be admitted into this Union on an equal footing with the original States, in all re- spects whatever, upon the fundamental condition that the fourth clause of the twenty-sixth section of the third article of the Constitution, sub- mitted on the part of said State to Congress, shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the States of this Union shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the Constitution of the United States : Provided, That the legislature of the said State, by a solemn public act, shall declare the assent of the said State to the said fundamental condition, and shall transmit to the President of the United States, on or before the first Monday in November next, an au- thentic copy of said act ; upon the receipt whereof, the President, by proclamation, shall announce the fact : whereupon, and without any further proceeding on the part of Congress, the admission of the said State into this Union shall be considered as complete:" And whereas, by a solemn public act of the assembly of the said State of Missouri, passed on the twenty-sixth of June, in the present year, entitled "A solemn public act declaring the assent of this State to the fundamental condition contained in a resolution passed by the Congress of the United States, providing for the admission of the State of Missouri into the Union on a certain condition," an authentic copy whereof has been The State of communicated to me, it is solemnly and publicly enacted and declared, Missouri has as- that that State has assented, and does assent, that the fourth clause sentedtothecon- of fne twenty-sixth section of the third article of the constitution by Congress of said State " shall never be construed to authorize the passage of * Little & Brown's edition of 1853. Also in edition of 1846, Appendix II. MISSOURI. 421 any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the United States shall be excluded from the eujoyinent of any of the privileges and immunities to which. such citizens are entitled under the Constitution of the United States : " Now, therefore, I, James Monroe, President of the United States, in The President pursuance of the resolution of Congress aforesaid, have issued this my announces the proclamation, announcing the fact, that the said State of Missouri has * act- assented to the fundamental condition required by the resolution of Congress aforesaid ; whereupon the admission of the said State of Mis- Admission of souri into the Union is declared to be complete, (a) Missouri declar- In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hund. Done at the city of Washington, the tenth day of August, 1821; and of the Independence of the said United States of America the f 01 ty-sixth. JAMES MONROE. By the President. JOHN QU1NCY ADAMS, Secretary of State. (a) See Nos. 971, 989, 990, 1034, 1043, 1045, 1068, 1071, 1076. Hfo. 992. AN ACT to perfect certain locations and sales of public lands in Mis- April 26,1822. souri. Vol. 3, p. 668. Be it enacted, in * he State of M . i88ouri > sha 11 be the township line be- tri'ct line l 'tween the townships number thirty-seven and thirty-eight ; anything in the former acts, creating land districts in the State of Missouri, to the contrary notwithstanding, (a) (a) See Nos. 983, 997, 1001, 1019, 1028, 1064, 1076, 1079, 1095. March 3, 1823. No. 995. AN ACT concerning the lands to be granted to the State of Missouri, for Vol. 3, p. 787. the purposes of education, and other public uses. Certain lands ^ e ^ enac ted 4" c -> That, in all cases in which section number sixteen, to be granted to i Q an y township within the State of Missouri, has been sold, or other- the State of Mis- wise disposed of, it shall be the duty of the register and receiver of the souri for schools, respective land office in whose district such land may lie, so soon after the passage of this act as may be, to select the like quantity of other lands equivalent thereto, from any of the unappropriated lands of the United States in that State, including the residue of such section, where only a part of it has been disposed of, and the value of the residue is not materially diminished by such disposition, and is nearly contiguous to such sixteenth section as may be ; and a descriptive entry of such selected lands shall be made on the books of the register, specifying a* well the township in which, as that for the use of which, the selection shall have been made; and the lands thus selected and located, are hereby granted to the said State for the use of the inhabitants of the respective townships, for the use of schools, instead of such sixteenth sections so sold or otherwise disposed of. (a) Certain lands SEC. 2. And be it further enacted, That, in all cases in which the gen- granted to salt era i assembly of the State of Missouri has selected, or shall hereafter select, a salt spring, for the use of the State, according to the provis- ions of an act of Congress of the sixth of March, one thousand eight hundred and twenty, and the six sections of unappropriated lands can- not be found adjoining to such spring, agreeably to the provisions of said act, the deficiency shall be supplied by the selection of other sec- tions equivalent thereto, and not farther distant than six miles there- from, of unappropriated lands of the United States in that State, and as nearly adjoining to such spring as may be, shall be subject to the selection of the legislature of the State for the use thereof ; and such sections, when so selected and located, are hereby granted according to the provisions of said act : and authenticated copies of the selections made by the register and receiver, under the provisions of this act, shall be furnished the State, and returns transmitted to the Secretary of the Treasury, of the selections now made, and of those to be made, immediately after such selections shall have been made, either by thfr register and receiver, or by the legislature of the State. (6) (a) See ISTos. 972, 988, 989, 1013, 1016, 1093, 1114, 1142, 1145. (6) See Nos. 989, 1009, 1018. MISSOURI. 423 IVo. 996. AN ACT for the relief of the legal representatives of Firman Le Sieur. < Be it enacted, <$-c., That the legal representatives of Firman Le Sieur, YoL 6> ? 296 - late of the State of Missouri, be, and they are hereby, authorized to TO enter one enter one section of land, in any of the land offices of the State of Mis- section of land in souri, the sale of which is authorized by law, in full satisfaction for a H^lana .office in like quantity, patented to them by the United States, on the third day of July, one thousand eight hundred and twenty : Provided, Said repre- proviso. sentatives of Firman Le Sieur shall first release to the United States all claim by virtue of the said patent, and surrender the same to the Commissioner of the General Land Office ; and shall confine such entry to lands which have been heretofore offered for public sale, and con- formably to the lines of the public surveys. No. 997. AN ACT to establish an additional land office in the State of Missouri. May 26, 1824. Be it enacted, $-c., That so much of the public lands of the United ^ - States included in the present district of St. Louis, in the State of Mis- Public lands to souri, as lies within the following boundaries, to wit : Beginning on the Mississippi Kiver, between townships numbered forty -eight and forty- nine, thence west to the range line between ranges ten and eleven ; thence north to the township line between townships numbered fifty - two and fifty- three ; thence west to the range line between ranges thir- teen and fourteen ; thence north to the northern boundary line of the State of Missouri ; thence east with the State line to the river Des- moines ; thence, with the river Desmoines and the State line, to the Mississippi River ; thence, with and down the Mississippi River to the place of beginning, so as to include all the islands within the limits of the State of Missouri, shall be formed into a new land district, to be called "the district of Salt River," and, for the sale of the public lands within the district hereby constituted, there shall be a land office established at such place, within the said district, as the President of the United States may designate. SEC. 2. And l>e it further enacted, That there shall be a register and A register and receiver appointed to said office to superintend the sales of public lands r ^ n l v a rtobe ap " in the said district, and who shall reside at the place where said office 1 * is established, give security in the same manner and sums, and whose compensation, emoluments, duties, and authorities, shall, in every respect, be the same, in relation to th<* lands to be disposed of, at theii offices, as are or may be, by law, provided, in relation to the registers and receivers of public moneys, in the several offices established for the sale of the public lands, (a) SEC. 3. And be it further enacted, That all such public lands, embraced All lands em- withiu the district created by this act, which shall have been offered b r a c e d within for sale to the highest bidder, at St. Louis, pursuant to any proclama- sa ^ d rA i8t y ct> tion of the President of the United States, and which lands remain offered fw sate unsold at the taking effect of this act, shall be subject to' be entered pursuant to any and sold, at private sale, by the proper officer or officers of the land proclamation o'f office hereby created, in the same manner, and subject to the same t} *P President, terms and upon the like conditions, as the sales of said lands would Ssoi^lialffto have been subjected to, in the land office at St. Louis, had they re- be disposed of at mainexl attached to that office. (6) private sale. (a) See Nos. 983, 994, 1001, 1019, 1028, 1064, 1076, 1079, 1095. (b) SeeNos. 729, 981, 983, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1096, 1110, 1115, 1120, 1121, 1135. IVo. 998. AN ACT enabling the claimants to lands -within the limits of the State May 26, 1824. of Missouri and Territory of Arkansas to institute proceedings to try the validity Vol. 4, p. 52. of their claims. Be it enacted, fc., That it shall and may be lawful for any person persons, or their legal representatives, claiming lands, tenements, or that part of the hereditaments, in that part of the late province of Louisiana which is late province of now included within the State of Missouri, by virtue of any French or ^"ded'^XviS Spanish grant, concession, warrant, or order of survey, legally made, tue state of Mis- granted, or issued, before the tenth day of March, one thousand eight souri, by virtue hundred and four, by the proper authorities, to any person or persons of any French or resident in the province of Louisiana, at the date thereof, or on or |f c an ^ e g r a Vp before the tenth day of March, one thousand eight hundred and four, mad ' e an( f before and which was protected or secured by the treaty between the United the loth March. 424 MISSOURI. 1804, to present S:..tes of America and the Fieneh Republic, of liie thirtieth day of oT^ri 008 to tke April, one thousand eight hundred and three, and which might have the "tete^of F Mi8- ^ eeu perfected into a complete title, under and in conformity to the souri. laws, usages, and customs, of the government under which the same originated, had not the sovereignty of the country been transferred to the United States, in each and every such case, it shall and may be lawful for such person or persons, or their legal representatives, to pre- sent a petition to the district court of the State of Missouri, setting forth, fully, plainly, and substantially, the nature of his, her, or their claim to the lands, tenements, or hereditaments, and particularly stat- ing the date of the grant, concession, warrant, or order of survey, under which they claim, the name or names of any person or persons claiming the same, or any part thereof, by a different title from that of the petitioner; or holding possession of any part thereof, otherwise than by the lease or permission of the petitioner ; and, also, if the United States be interested on account of the lands within the limits of such claim, not claimed by any other person than the petitioner; also, the quantity claimed, and the boundaries thereof, when the same may have been designated by boundaries, by whom issued, and whether the said claim has been submitted to the examination of either of the tribunals which have been constituted by law for the adjustment of land titles in the present limits of the State of Missouri, and by them reported on unfavourably, or recommended for confirma- tion ; praying, in said petition, that the validity of such title, or claim, may be inquired into and decided by the said court ; and the said court is hereby authorized and required to hold and exercise jurisdiction of every petition, presented in conformity with the provisions of this act, and to hear and determine the same, on the petition, in case no answer or answers be filed after due notice : or on the petition, and the answer or answers of any person or persons interested in preventing any claim from being established : and the answer of the district attorney of the United States, where he may have filed an answer, according" to the evidence which shall be adduced by the petitioner, by any person inter- ested in preventing the decree of the court in favour of the title of the petitioner or petitioners, and by the United States, and in con- formity with the principles of justice, and according to the laws and ordinances of the government under which the claim originated, and the copy of such petition, with a citation to any adverse possessor, or claimant, shall be served on such possessor or claimant in the ordinary legal manner of serving such process in the State of Missouri, at least fifteen days before the term of the district court of the United States, to which the same is made returnable, and, in like manner, on the dis- trict attorney of the United States, where the Government is interested in the defence ; and it shall be the duty of the United States' attorney for the district in which the suit shall be instituted, in all cases where the United States are interested on account of the public domain, to take notice of each petition filed under the provisions of this act, in the said district, and to make defence, on all just and proper occasions, in behalf of the public interest. Every petition SEC. 2. And be it further enacted, That every petition which shall be pre- presented* under sented under the provisionsof this act, shall be conducted according to the con due ted ac 6 rules of a court of equity, except that the answer of the district attorney cording to the of the United States shall not be required to be verified by his oath, rules of a court and tried, without any continuance, unless for cause shown ; and the of equity. Ka [ft court shall have full power and authority to hear and determine all questions arising in said cause, relative to the title of the claimants, the extent, locality, and boundaries of the said claim, or other matters connected therewith, tit and proper to be heard and determined, and, by a final decree, to settle and determine the question of the validity of the title, according to the law of nations, the stipulations of any treaty, and proceedings under the same; the several acts of Congress in rela- tion thereto ; and the laws and ordinances of the government from which it is alleged to have been derived ; and all other questions prop- erly arising between the claimants and the United States ; which decree shall, in all cases, refer to the treaty, law, [or] ordinance, under which it is confirmed or decreed against ; and the court may, at its discretion, order disputed facts to be found by a jury, according to the regulations and practice of the said court, when directing issues in chancery before the same court : and, in all cases, the party against whom the, judgment 3 said district court may be finally given, shall be euti- or decree of the said district MISSOURI. 425 tied to an appeal, within one year from the time of its rendition, to the Appeal. Supreme Court of the United States, the decision of which court shall be rinal and conclusive between the parties^ and, should no appeal be taken, the judgment or decree of the said district court shall, in like manner, be final and conclusive. SEC. 3. And be it further enacted, That the evidence which has been The evidence received by the different tribunals which have been constituted and ap- Jjjjl 1 ^. ^/jft? pointed by law to receive such evidence, and to report the same to the nals shall be ad ." Secretary of [the] Treasury, or to the Commissioner of the General mitt'ed as such Land Office, upon all claims presented to them respectively, shall be for or against the received and admitted in evidence for or against the United States, in JJi tri^imdS all trials under this act, when the person testifying is dead, or beyond this act when the reach of the court's process ; together with such other testimony as the person testi- it may be in the power of the petitioner, the person or persons inter- fyiag is dead. ested in the defence made against establishing any claim, or the United States' attorney, to produce, and which shall be admissible, according to the rules of evidence, and the principles of law. SEC. 4. And be it further enacted, That, in all cases in which evidence Duty of the at- shall be offered by the petitioner, which has not been received by either * y i ^ h f c jj c of the tribunals constituted by law for that purpose, it shall be the eviden e8liall be duty of the attorney of the United States for the district in which the offered, not re- suit shall be instituted, or any person interested in the defence may ceived by either examine, or cause to be examined, the witnesses, whether examined in ^ n gtftuted Tor court, or by commission under the authority thereof ; and it shall be t kat p ur p 08e . the duty of the Commissioner of the General Land Office of the United States, or the keeper of any public records, who may have possession of the records and evidence of the different tribunals, which have been constituted by law for the adjustment of land titles in Missouri, as held by France, upon the application of any person or persons, whose claim to lands has been rejected by such tribunals, or either of them, or on the application of any person interested, or by the attorney of the United States for the district of Missouri, to furnish copies of such evidence, certified under his official signature, with the seal of office thereto an- nexed, if there be a seal of office. SEC. 5. And be it further enacted, That any claim to lands, tenements, Any claim to or hereditaments, within the purview of this act, which shall not be Jf^ 8 ' a c t c '' which brought by petition before the said courts, within two years from the 8 hall not be passiug of this act, or which, after being brought before the said courts, brought by peti- shall, on account of the neglect or delay of the claimant, not be prose- tion before the cuted to a final decision within three years, shall be forever barred, intwo Vearsfor- both at ]aw and [in] equity, and no other action, at common law, or ever barred. ' proceeding in equity, shall ever thereafter be sustained in any court whatever, in relation to said claims. SEC. 6. And be it further enacted, That, upon the final decision of any Upon the final claim prosecuted under this act, in favour of the claimant or claimants, decision of any it shall and may be lawful for such claimant to demand and receive from jJ^SSJJJtfc! the clerk of the court in which such final decision is had, a copy of the f a v r O f the decree, in his, her. or their favour, under the official signature of the claimant, such clerk, and the seal of the court, if any seal belong to it, and deliver claimant i s au- the same to the surveyor of public lands, for the State of Missouri, who jjan^and revive shall, thereupon, cause the land specified in said decree to be surveyed, O f t ke c i er k of at the expense of the party ; and duplicate plats, and certificates of the the court a copy survey, so made, to be returned into his office, one of which shall remain of the decree in in said office, and the other, authenticated by the attestation and official m signature of the surveyor of public lands, shall be delivered, on demand, to the party interested therein, and the same being presented to the Com- missioner of the General Land Office, in Washington City, shall entitle And a patent. the party interested to a patent from the President of the United States. SEC. 7. And be it further enacted, That in each and every case in which any claim, tried under the provisions of this act, shall be finally de- y h h e a n a n y cided against the claimant, and in each and every case in which any ae^ided^agalnst claim cognisable, under the terms of this act, shall be barred by virtue the claimant, or of any of the provisions contained therein, the land specified in such barred, the land claim shall, forthwith, be held and taken as a part of the public lands ^all belong to of the United States, subject to the same disposition as any other pub- states. lie land in the same district. SEC. 8. And be it further enacted, That the clerk of said court shall, The clerk of and he is hereby directed, when any petition of claim is filed, under th co ^ rt 8 ^lj, the provisions of this act, before any proceedings thereon, to require tion of c f &i ^ good and sufficient security for all cost and charges which may accrue filed under this 426 MISSOURI. certain purposes. De allowed sucn tneir services ana attendance as may ' lowed by law for the like services and attendance in the district court of the State of Missouri, to be paid by the party calling for such serv- ice or attendance, except where the petitioner or petitioners fail to Erosecute his, her, or their suit, or claim to a final decree, or to obtain a nal decree in his, her, or their favour, or where any such title or claim may have been presented to the commissioner or the register and re- ceiver, acting as commissioners for the examination of titles and claims to land in said district, and by them has been reported unfavourably on, in all of which cases, all cost, charges, and expenses of such prose- cutions, shall be paid by the petitioner or petitioners ; that the clerk of Fees> the court, in which the final decree shall be had, shall be allowed one dollar and fifty cents for the official copy of such final decree ; that the surveyor of public lands shall be allowed one dollar for each of the offi- cial certificates required of him, and the keeper of the records and evi- dence, taken under former acts of Congress, for the adjustment of land titles, shall be allowed at the ^ate of ten cents for every hundred words contained in any such written evidence of their claim, to be paid by the party applying therefor. Duty of the at- SEC. 9. And be it further enacted, That it shall be the duty of the torney where the attorney of the United States for the district in which the suits au- aVaiustthe'Vnik * noriz ? d bv tnis act shall be instituted, in every case where the decision e2 States. * 8 against the United States, and the claim exceeds one thousand acres, to make out and transmit, to the Attorney-General of the United States, a statement containing the facts of the case, and the points of law on which the same was decided ; and if the Attorney-General shall be of opinion that the decision of the district court was erroneous, it shall be his duty to direct an appeal to be made to the Supreme Court of the United States, and to appear for, and prosecute, the said appeal in that court ; and it shall be the further duty of the district attorney to observe the instruction given to him by the Attorney- General in that respect, (a) The marshal to SEC. 10. And be it further enacted, That it shall be the duty of the attend the said marshal of the State of Missouri, by himself or deputy, to attend the court while in gaid court while in session, and to execute all process to him directed by the court, under this act. The party in- SEC. 11. And be it further enacted, That if, in any case, it should so terested, where happen that the lands, tenements, or hereditaments, decreed to any decreedto any claimant under the provisions of this act, shall have been sold by the claimant under United States, or otherwise disposed of, or if the same shall not have this act, s hall been heretofore located, in each and every such case, it shall and may have been sold by fc e lawful for the party interested to enter, after the same shall have or 6 have be en keen offered at public sale, the like quantity of land, in parcels, con- heretofore locat- formable to sectional divisions and subdivisions, in any land office in ed, to enter alike the State of Missouri ; and, if it should so happen, that, in making such quantity in any entries, there should remain in the hands of the enterer a fractional Missouri n exce88 f acres, of less number than the smallest sectional divisions authorized by law to be sold, it shall and may be lawful for the party interested to enter, in virtue of such fractional excess, the quantity of one-half quarter-section, upon paying one dollar and twenty-five cents for each acre contained in such half quarter-section, over and above the fractional excess to which he may be entitled by such confirma- tion. (&) To carry this SEC. 12t ^nd be it further enacted, That, for the purpose of carrying act into effect, into effect the provisions of this act, the judge of the district court for the judge of the the State of Missouri, shall hold his sessions at the following places, Missouri district v j z . a ^ the town of St. Louis, in the county of St. Louis, on the third sions at the town Monaa y f September next ; at the town of St. Genevieve, in the county of St. Louis, &c. of St. Genevieve, on the third Monday of December next, and at the town of Jackson, in the county of Cape Girardeau, on the third Monday of April next ; he shall appoint his own clerks ; and after the first and each of the said sessions, he shall thereafter sit, upon his own adjourn- ments, at the places aforesaid, until all the business before him shall be completed, or the time limited by this act shall have expired, of which said adjournments, and the time of holding the special sessions, aforesaid, public notice shall be given at each of the places aforesaid, and at such other places, in the State of Missouri, as he shall direct : MISSOURI. 427 Provided, That at either of the places aforesaid, the court may take The court may cognisance and jurisdiction of any claim within the limits of the State : ja^ ^cognizance Provided, moreover, That, if there should be any person defending against w ithin the State the confirmation of such claim, in such case the trial, in case he shall request the same, shall be had at that place nearest the residence of such person defending against such confirmation : Provided, That none ^bis act shall of the provisions of this act shall be applied to a claim of the represen- not apply to the tatives or assignees of Jacques Glamorgan, deceased, lying between the claims of Jacques Missouri and Mississippi rivers and covering parts of the counties of c St. Charles and Lincoln, in the State of Missouri. SEC. 14. And be it further enacted, That all the provisions of this act All the p;ovis- shall extend to, and be applicable to, the Territory of Arkansas ; and, ions of this act to for the purpose of finally settling and adjusting the titles and claims JjJ^^P- . &c 'i to lands derived from the French and Spanish Governments, respect- Arkansa" 13 ively, the superior court for the Territory of Arkansas, shall have, hold, and exercise jurisdiction in all cases, in the same manner, and under the same restrictions and regulations, in all respects, as by this act is given to the district court for the State of Missouri ; and the judges of The 1U( ] (res of the superior court, clerk of said court, marshal, and district attorney the superior of the United States, for the said Territory, shall, severally, perform court, clerk, mar- the same duties, and have the same powers in relation to the claims to shal - aml district land presented and prosecuted in said court, in the Territory of Arkaii- forSTtfre^same sas, as is herein provided with regard to the titles and claims to land duties, and have presented and prosecuted in the district court for the State of Missouri, the same powers, and the judges of said superior court, the clerk, marshal, and district as in other cases - attorney, shall, each, severally, receive the same fees, emoluments, and compensation for their services, as is in this act provided, in regard to the district judge, clerk, marshal, and district attorney in the State of Missouri ; and the said court shall commence its first session on the first Monday in October next, at Little Rock, in the Territory of Arkan- sas ; and, afterwards, shall sit upon its own adjournments at the place aforesaid, until all the business before it shall be completed, or the time limited by this act shall have expired ; of which public notice shall be given, as is provided in this act, in relation to the district court of the State of Missouri : Provided, That in all cases of a decree against the Proviso. United States, for a greater quantity of land than five hundred acres, in the superior court of Arkansas, it shall be the duty of the attorney of the United States, to transmit to the Attorney -General of the United States, so soon as may be, a like statement of the facts and points of law in the case, as is required of the district attorney of Missouri, and the same right of appeal, from the decisions of the court in Arkansas, shall be allowed to each party, that are prescribed in relation to decis- ions in the district court of Missouri, (a) SEC. 15. And be it further enacted, That none of the provisions of the Former section fourteenth section shall extend to claims of a larger amount than one not to extend to league square. claims above one league square. (a) See Nos. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 1002, 1007, 1020 1024 1041 1063, 1067, 1102, 1104, 1106, 1107, 1124, 1139, 1143. (6) See Nos. 957, 1041, 1102, 1106, 1107. No. 999. AN ACT supplementary to an act passed on the thirteenth day of June, May 26, 1824. one thousand eight, hmndred and twelve, entitled "An act making further provision Vol 4 p 65 [provisions] for settling the claims to land in the Territory of Missouri." Be it enacted, $-c., That it shall be the duty of the individual owners, Duty of thein- or claimants, of town or village lots, out-lots, and common field lots, in, dividual owners adjoining or belonging to, the several towns, or villages, of Portage des *m!~ other Sioux, St. Charles, St. Louis, St. Ferdinand, Villa a Robert, Carondelet, Sts in certain St. Genevieve, New Madrid, New Bourbon, and Little Prairie, in Missouri, towns in M i s - and the village of Arkansas, in the Territory of Arkansas, whose lots were 80uri and Terri- confirmed by theact of Congress of the thirtieth [thirteenth] of June, one Sch were^on- - thousand eight hundred and twelve, entitled "An act making further pro- firmed by the act vision for settling the claims to land in the Territory of Missouri," on the of June 13, 1812. ground of inhabitation, cultivation, or possession, prior to the twentieth day of December, one thousand eight hundred and three, to proceed, within eighteen months after the passage of this act, to designate their said lots, by proving, before the recorder of land titles for said State and Territory, the fact of such inhabitation, cultivation, or possession, 428 MISSOURI. and the boundaries and extent of each claim, so as to enable the sur- veyor-general to distinguish the private from the vacant lots, apper- taining to the said towns and villages. Duty of the SEC. 2. And be it further enacted, That, immediately after the expira- surveyor-gen- tlon of the said term allowed for proving such facts, it shall be the duty of the survey or- general, within whose district such lots lie, to proceed, under the instructions of the Commissioner of the General Land Office, to survey, designate, and set apart to the said towns and villages, re- spectively, so many of the said vacant town or village lots, out-lots, and common-field lots, for the support of schools in the said towns and villages, respectively, as the President of the United States shall not, before that time, have reserved for military purposes, and not exceeding one-twentieth part of the whole lands included in the general survey of such town, or village, according to the provisions of the second sec- tion of the above-mentioned act of Congress ; and also, to survey and designate, so soon after the passage of this act as may be, the commons belonging to the said towns and villages, according to their respective claims and confirmations, under the said act of Congress, where the Proviso. same has not been already done : Provided, That lots relinquished to the United States on account of damages done them by the earthquakes, and in lieu of which lands have been located elsewhere, shall neithei be so designated or set apart, nor taken into the estimate of the quan- tity to which any town or village is entitled. The recorder to SEC. 3. And be it further enacted, That the recorder shall issue a cer- Issue a certificate tificate of confirmation for each claim confirmed, and shall receive for of confirmation the services required of him by this act, the sum of one dollar for each for each c l^ai m j o ^ 8O p rove( j to have been inhabited, cultivated, and possessed, to be receive e on* D dof- P a ^d by the respective claimants; and, so soon as the said term shall lar therefor. have expired, he shall furnish the surveyor-general with a list of the lots so proved to have been inhabited, cultivated, or possessed, to serve as his guide in distinguishing them from the vacant lots to be set apart as above described, and shall transmit a copy of such list to the Com- missioner of the General Land Office. The provisions SEC. 4. And be it further enacted, That the provisions of this act, and of this act and of the aforesaid act of the thirtieth [thirteenth] of June, one thousand the act aforesaid, eight, hundred and twelve, be, and the same are hereby extended to the vmageof Mine I village of Mine & Burton, and the right of filing their claims with the Burton. recorder, (a) (a) See Nos. 972, 1016, 1119, 1143. March 31, 1826. IVo. 1OOO. AN ACT for the relief of Richard Mateon. Vol. 6, p. 338. Be . t enactc( ^ ^ That R ichard Matson, of the State of Missouri, be, Authorized to and he is hereby, authorized to withdraw his locations of warrant, withdraw his lo- nulUDer one hundred and fifty-five, for six hundred and forty acres, and rants 1S and locate of ^'arrant number one hundred and forty-three, for two hundred arpens them elsewhere, of land, issued by the recorder of land titles in the State of Missouri, and located on the twentieth of June, one thousand eight hundred and eighteen, in township fifty-five north, range three west, in said State, and since mostly covered by a confirmed Spanish grant; and to locate the same warrants upon any of the unappropriated lands of the Umtcd States, in the State of Missouri, that were liable to be located, under the act of the seventeenth of February, eighteen hundred and fifteen, for the relief of sufferers by earthquakes ; conforming such relocations, as nearly as may be, to the divisional lines of the public surveys, and subject, in all respects, to said act of the seventeenth of February, Proviso. eighteen hundred and fifteen : Provided, That the said warrants shall be located within one year from the passing of this act, and on lands which have not before been located or sold. May 4, 1826. No. 1001 AX ACT to extend the lines of certain land districts in the State of Vol. 4, p. 158. . Missouri. Boundaries of Be it enacted, <$-c., That the western boundary of the land district of the districts. Cape Girardeau, and of the western district in the State or Missouri, be and the same is hereby, extended to the western boundary of the State of Missouri, (a) (a) See Nos. 983, 994, 997, 1019, 1028, 1064, 1076, 1079, 1095. MISSOURI. 4*4| Xo. 10O2. AN ACT for the relief of Phinehas Underwood, and for other purposes. May 22, 1826. Vol. 6, p. 355. SEC. 2. And le it further enacted, That the time for filing petitions Time of filing under the provisions of an act entitled "An act enabling the claimants P titio ?s exten , 1 . 824 ' con " eighteen hundred and twenty-four, entitled "An act to enable claim- ' aiits to lands within the limits of the State of Missouri and Territory of Arkansas, to institute proceedings to try the validity of their claims," shall be, and the same hereby is, continued in force : that is to say, for the purpose of filing petitions in the manner prescribed by that act, to and until the twenty-sixth day of May, in the year one thousand eight hundred and twenty-nine, and for the purpose of enabling the claimants to obtain a final decision on the validity of their claims in the courts of Missouri and Arkansas, respectively ; the said claims having been ex- hibited within the time above specified ; the said act shall be continued in force to, and until, the twenty-sixth day of May, in the year one thou- CJaims to b e sand eight hundred and thirty, and no longer ; and the courts having cog- decided upon. nisance of said claims shall decide upon and confirm such as would have been confirmed under the laws, usages, and customs of the Spanish Gov- ernment, for two years, from and after the twenty-sixth day of May, one thousand eight hundred and twenty-eight, and all the claims au- thorized by that act, to be heard and decided, shall be ratified and con- To be ratified, firmed to the same extent that the same would be valid if the country in which they lie had remained under the dominion of the sovereignty in which said claims originated. So much of the SEC. 2. And le it further enacted, That so much of the said act as sub- said act as sub- j ec t s the claimants to the payment of costs in any case where the de- 3 to the pay- c i s ^ on mav De i Q favour of their claims, be and the same is hereby re- ment of costs, in pealed, and the costs shall abide the decision of the cause as in ordinary any case where causes before the said court ; and so much of the said act as requires the decision may tne claimants to make adverse claimants parties to their suits, or to their claims re- sllow the court what a . tne claimant or his legal representatives, by descent or pur- judge^d against cnase > being actual inhabitants and cultivators of the soil, the claim to and rejected. which shall have been rejected, shall have the right of pre-emption, at the minimum price of the public lands, so soon as the land shall be sur- veyed and subdivided by the United States, of the quarter-section on which the improvement shall be situate, and so much of every other quarter-section which contains any part of the improvement, as shall be within the limits of the rejected claim. (6) (a) SeeNos. 722, 728, 957, 967, 972. 973, 974, 976, 980, 988, 998, 1002, 1020, 1024, 1041, 1063, 1067, 1102, 1104, 1106. 1107, 1124, 1139, 1143. (6) See Kos. 729, 981, 983, 997, 1009, 1010, 1020, 1028, 1083. 1086, 1096, 1110, 1115, 1120, 1121, 1135. May 24 1828 ^o. 1008. AN ACT confirming to Francis Valle, Jean Baptiste Valle, Jean Baptiste Vol 6 T> 386 Pratte, and St. James Beau vois, or to their heirs or legal representatives of the county . of Madison, in the State of Missouri, certain lands. A tract of land Be it enacted., j a8 assignee of Thomas Fenwick, under a concession, granted by Zenon Trndeau, late lieutenaut-goveruor of Upper Louisiana, dated the first day of June, one thousand seven hundred and ninety-seven, be, and the same is hereby, confirmed ; and the proper surveyor of the United States shall survey the said claim, so as to include the improvements of the said Isidore Moore, as nearly in the centre of the tract as the situa tion of other private claims may admit; and, upon presentation of an authentic copy of such survey to the General Land Office, a patent shall Proviso. be issued to the said Isidore Moore, for the land so surveyed : Provided, That this act shall not affect the rights of any other individual to the same grant hereby confirmed; and that, if any part of .such survey should fall upon the sixteenth section, reserved for township schools, the county court of Perry may select any other section, or part of a section, in the same township, the sale of which is authorized by law, and enter the same with the register of the proper land office, to be re- served for the use of schools in said township, instead of such sixteenth section, (a) (a) See Nos. 972, 988, 989, 995, 1016, 1093, 1114, 1142, 1145. May 26, 1830. No ' 10J 4. AN ACT for the relief of Nancy Moore. Vol. 6, p. 427. Be it enac ted, $c., That Nancy Moore, of the county of St. Charles, Authorized to State of Missouri, is hereby authorized to relinquish to the United relinquish cer- States, the northeast quarter of section number thirty-six, in township tain land, and to forty-eight, in range seven, west, entered by mistake and patented to tract. * BT sa i ( l Nancy Moore, on the first day of October, in the year of our Lord one thousand eight hundred and nineteen ; and the said Nancy shall be, and hereby is, authorized to select any other quarter-section of land containing one hundred and sixty acres, from any lands within the dis- trict of St. Louis aforesaid, which may be subject to entry at private sale; for which quarter -section, when entered, a patent shall issue as in other cases. Jan. 19, 1831. No. 1015. AN ACT to amend an act, entitled "An act to provide for paying to Vol. 4, p. 432. the States of Missouri, Mississippi, and Alabama, three per centum of the net pro- ceeds arising from the sale of the public lands within the same. States of. Mis- Be u enacte ^ g. c >? Thftt Ro much of an ^ entitled An act - o pi "and Alalfama ^ or P a yi n g * the States of Missouri, Mississippi, and Alabama, three per exonerated from centum of the net proceeds arising from the sale of the public lands obligation to ren- within the same," approved the third of May, eighteen hundred and der annu *! a c ' twenty-two, as requires an annual account of the application of the said ;0 ' three per centum, to be transmitted to the Secretary of the Treasury, be, and the same is hereby repealed, (a.) (c) See Nos. 989, 993, 1103. Jan. 27, 1831. No. 1016. AN ACT further supplemental to the act entitled "An act making Vol. 4, p. 435. further provisions for settling the claims to land, in the Territory of Missouri, passed the thirteenth day of June, one thousand eight hundred and twelve. The United Be it enacted, $c. } That the United States do hereby relinquish to the States to relin- inhabitants of the several towns or villages of Portage des Sioux, Saint nghts. C 6 ' D Charles, Saint Louis, Saint Ferdinand, Villa a Robert, Caroudelet, 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 commons MISSOURI. 433 in, adjoining and belonging to, the said towns or villages, confirmed to them respectively, by the first section of the act of Congress, entitled "An act making further provision for settling the claims to land in the Territory of Missouri," passed the thirteenth day of Juno, one thou- sand eight hundred and twelve, to be held by the inhabitants of the said towns and villages, in full property, according to their several rights therein, to be regulated or disposed of for the use of the inhabitants, according to the laws of the State of Missouri, (a) SEC. 2. And be it further enacted, That the United States do hereby United States relinquish all their right, title, and interest, in and to the town and to relinquish all village lots, out-lots, and common-field lots, in the State of Missouri, re- SJJwoii ' m served for the support of schools, in the respective towns and villages aforesaid, by the second section of the above-recited act of Congress ; and that the same shall be sold or disposed of, or regulated for the said purposes, in such manner, as may be directed by the legislature of said State. (&) (a) See Nos. 972, 999, 1119, 1143. (b) See Noa. 972, 988, 989, 995, 1013, 1093, 1114, 1142, 1145. No. lOiy. AN ACT for the relief of certain holders of certificates issued in lieu March 2, 1831. of lands injured by earthquakes in Missouri. Vol. 4, p. 482. Be it enacted, $c,, That the legal owners of any certificates of new Owners of cer- location issued under the act of seventeenth February, one thousand tificates author- eight hundred and fifteen, for the relief of persons whose lands were JJJJ e n jjjjjg injured by earthquakes in Missouri, which may have been located upon subject to private lands, any part of which has been adjudged to any person or persons as entry. a right of pre-emption, shall be authorized to locate such warrants, up- on such lands as are liable to entry at private sale, Provided, That pre- Proviso, vious to making such new location, the legal owners aforesaid shall relinquish to the United States all claim to the previous location, And Proviso. provided further, That such locations shall be made and patents issued therefor, under the same regulations and restrictions, as if the locations had been made under the provisions of the second section of the act of the twenty-sixth April, one thousand eight hundred and twenty-two entitled "An act to perfect certain locations and sales of the public lands in Missouri." SEC. 2. And le it further enacted, That this act shall remain in force for the term of eighteen months from the passage thereof, (a) (a) See Nos. 977, 985, 992, 1004, 1117. No. 1018. AN ACT to create the office of surveyor of the public lands for the March 3, 1831. State of Louisiana. Vol. 4, p. 492. SEC. 8. And be it further enacted, That the legislature of the State of Legislature au- Missouri be, and is hereby authorized to sell and convey in fee-simple Jnd^onvey lands all or any part of the lands heretofore reserved and appropriated by reserved for sem- Congress for the use of a seminary of learning in said State, and to inary. invest the money arising from the sale thereof in some productive fund, the proceeds of which shall be for ever applied by the legislature of said State, solely to the use of such seminary, and for no other use or purpose whatsoever, (a) And that the legislature of said State of Mis- souri shall be, and is hereby authorized to sell and convey in fee-simple Legislature au- all or any part of the salt springs not exceeding twelve in number, and thorized to sell six sections of land adjoining to each, granted to said State by the Jrfn^aSa ^Jj. United States for the use thereof, and selected by the legislature of said jacent lands here- State, on or before the first day of January, one thousand eight hundred tofore reserved. and twenty-five, and to invest the money arising from the sale thereof in some productive fund, the proceeds of which shall be for ever applied under the direction of said legislature, for the purpose of education in said State, and for no other use or purpose whatsoever. (6) (a) See Nos. 983, 989, 1003. (6) See Nos. 989, 995, 1009. 28 L O -VOL II 434 MISSOURI. May 22, 1832. No. 1 1 9 Al-f ACT * * * to remove the land office from Franklin to Fayette, VoL 4, p. 517. in the State of Missouri. [>v-f MISSISSIPPI, No. 1349.] July 9, 1832. No. 1020. AN ACT for the final adjustment of private land claims in Missouri. Be it enacted, #c., That it shall be the duty of the recorder of land All unconfinn- titles in the State of Missouri and two commissioners to be appointed bo examined 3 bv the President of the United States, by and with the advice and con- sent of the Senate, to examine all the unconfirmed claims to land in that State, heretofore filed in the office of the said recorder, according to law, founded upon any incomplete grant, concession, warrant, or order of survey, issued by the authority of France or Spain, prior to the tenth day of March, one thousand eight hundred and four; and to class the Claims to be same so as to show, first, what claims, in their opinion, would in fact classed, &c. have been confirmed, according to the laws, usages, and customs of the Spanish Government, and the practice of the Spanish authorities under them, at Xew Orleans, if the government under which said claims orig- inated had continued in Missouri ; and secondly what claims, in their opinion, are destitute of merit, in law or equity, under such laws, usages, customs, and practice of the Spanish authorities aforesaid ; and shall also assign their reasons for the opinions so to be given. And in exam- ining and classing such claims, the recorder and commissioners shall take into consideration, as well the testimony heretofore taken by the boards of commissioners and recorder of laud titles upon those claims, as such other testimony as may be admissible under the rules heretofore f tak ex i s t m g f r taking such testimony before said boards and recorder: and IM testimony: " ^ 8uca testimony shall be taken within twelve months after the pas- sage of this act. (a) Offi c e of re- SEC. 2. And be it further enacted, That the oflfice of the recorder shall i ^oi^two be open for tue P ur P ses of such examination for the term of two years years. from the date of the organization of the board of commissioners and Recorder, &c., no longer; and the recorder and commissioners shall proceed in the ex- to proceed &c. animation in a summary manner, with or without any new application clJrim^t^bYiaid * the claimants ; and shall, at the commencement of each session of before commis- Congress during said term of examination, lay before the Commissioner sioner, and p r e- of the General Land Office a report of the claims so classed, stating sented to C o n- therein the date and quantity of each, whether there be any, and what, conflicting claims, and the evidence upon which each claim depends, and the authority and power under which the said claim was granted by the Spanish or French governor, commandant or sub-delegate, to be laid before Congress for their final decision upon the claims contained in such first class. (&) Provisions re- SEC. 3. And be it further enacted, That from and after the final report lat rta ? Tano? f of tne recor(ler an(1 commissioners, the lauds contained in the second class shall be subject to sale as other public lands ; and the lands con- tained in the first class shall continue to be reserved from sale as here- tofore, until the decision of Congress shall be made thereon ; and if the decision of Congress shall be against the claims, or any of them, the lands so decided against shall be, in like manner, subject to sale as other Proviso. public lands : Provided, That actual settlers being housekeepers upon such lands as are rejected, claiming to hold, under such rejected claim, or such as may waive their grant, shall have the right of pre-emption to enter within the time of the existence of this act not exceeding the quantity of their claim, which in no case shall exceed six hundred and forty acres, to include their improvements, who shall give notice and prove their right of pre eruption, and in all things conform to the regu- lations as have been or may be prescribed by the Secretary of the Treas- ury under the existing laws relative to pre-emption ; and it shall be the duty of the Secretary of the Treasury immediately to forward to the several land offices in said State, the manner in which all those who may wish to waive their several grants or claims, and avail themselves of the right of pre-emption, shall renounce or release their said grants, (c) Pay of record- SEC. 4. And be it further enacted, That the recorder and commissioners er and commis- shall each receive the sum of fifteen hundred dollars per annum, to be 8 Sftert)reiermav P aid quarter- yearly by the United States, in full compensation for their be employed. services under this act ; and may, when necessary, employ an interpreter MISSOURI. 435 of the French or Spanish language, for a reasonable compensation, to be allowed by the Secretary of the Treasury, and paid by the United States. ******* (a) See Nos. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 998, 1002, 1007, 1024, 1041, 1063, 1067, 1102, 1104, 1106, 1107, 1124, 1139, 1143. (6) See Nos. 189, 701, 972, 973, 974, 977, 1024, 1143, 1149. (c) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1028, 1083, 1086, 1096, 1110, 1115, 1120, 1121, 1135. No. 1021. AN ACT to provide for the extinguishment of the Indian title to lands July 14, 1832. lying in the States of Missouri and Illinois, and for other purposes. Vol. 4, p. 594. Be it enacted, tyc., That the sum of forty-six thousand dollars be, and Appropriation the same is hereby appropriated, to be applied, under the direction of f o r extinguish- the President, to the extinguishment of the title of the Kickapoos, ment of Indian Shawanees, and Delawares, of Cape Girardeau, to lands lying in the^ 16 to . land , 8 , State of Missouri; and of the Piankashaws, Weas, Peorias, and Kas-HT kaskias, to lands lying in the State of Illinois ; and, for the purpose of defraying all the expenses of treating with, removing, and subsisting, said Indians for one year; for an additional compensation to 'the Annuity to the Shawnee Indians for their reservation at Wapaughkonitta, in Ohio, an Shawnees, &c. annuity of two thousand dollars per annum, for fifteen years ; and, also, the sum of three thousand dollars to defray the expenses of pro- curing the assent of the Menominee Indians, to the treaty between them and the United States, which was provisionally ratified during the present session of Congress. No. 1022. AN ACT for the relief of Archibald Gamble. Jan. 28, 1833. Be it enacted, #c., That the heirs or assigns of John B. Thibault, Vol-6.P-529. who are entitled to a New Madrid certificate, numbered three hundred May change and thirty- three, for four hundred and eighty acres, heretofore entered the location of a in township number forty-six, range six, east of the fifth principal New Madrid cer- meridian, be, and are hereby, authorized to enter four hundred and tlficate of land - eighty acres of land on any of the public lauds in the State of Missouri, the sale of which is authorized by law : Provided, That the said heirs Proviso, or representatives of said John B. Thibault, so entitled as aforesaid, be- fore making said location or entry, shall execute a release to the United States for all claim and right to the laud upon which said certificate has been heretofore entered. No. 1023. AN ACT for the relief of Peter McCormick. Jan. 28, 1833. Be it enacted, , 957, 967, 972, 973, 974, 976, 980, 988, 998, 1002, 1007, 1020, 1041, 1063, 1067, 1102. 1104, 1106, 1107, 1124, 1139, 1143. (6) See Xos. 189, 701, 972, 973, 974, 977, 1020, 1143, 1149. March 24, 1834. Vol. 6, p. 556. A section o land granted. Proviso. No. 1025. AX ACT for the relief of the widow and heirs of Felix St Vrain. e it ena cted, $c., That there be, and is hereby, granted to the widow neir8 of tne late Felix St. Vrain, of Missouri, six hundred and forty acres of land, to be selected by them within the State of Missouri, either in an entire section, or in tracts not less than one quarter-section, and entered in the proper land office in said State : Provided, Said land be subject to entry at private sale, and not settled upon or occupied by any other person. Certificate and SEC. 2. And be it further enacted, That on the application of the said patent to issue. w id ow am i heirs or their duly authorized agent, to the register and re- ceiver of the proper laud office, and on payment of one dollar for each tract so entered, a final certificate shall be given for the same, upon which, a patent from the United States to the paid widow and heirs of Felix St. Vrain shall be issued. May 14, 1834. No. 1026. AX ACT for the relief of Coleman Fisher. Vol. 6, p. 561. Be it enacted) ^ That . Coleman Fisher, of the city of Philadelphia, May withdraw or his agent duly authorized, shall be, and he hereby is, permitted and a land certificate allowed to withdraw a New Madrid certificate, numbered three hun- locate other dred and thirty eight, issued by Frederick Bates, recorder of land titles for the Missouri Territory, dated sixteenth October, one thousand eight hundred and seventeen, and now on file in the office of the surveyor of public lands in Illinois, Missouri, and Arkansas, for six hundred and forty acres ; which said certificate had been located on six hundred and forty acres of land near the village of Carondelet, and the location made by Ashley and Brown, as the legal representatives of Benjamin Patter- son, senior ; and to locate, by virtue of the same, six hundred and forty acres of land on any other public lands of the United States, subject to entry ; and, on presentation of a certificate therefor, from the register of the proper land office to the Commissioner of the General Land Office, a patent shall issue for the same, in due form, Provided however, That, previous to withdrawing said certificate, the said Coleraan Fisher, by himself, or his agent duly authorized, shall release to the United States all claim or right to the lands heretofore located by virtue of said certificate, and which release shall be returned, with the certificate aforesaid, to the General Land Office, before a patent shall issue for the land lastly so located. Proviso. June 18, 1834. No. 1O27. AX ACT granting the right of pre-emption to John Yantis. Yol. 6, p. 563. g e it enac f ( ^ f Ctf That John Yantis be, and he is hereby, entitled to a Pre-empt ion preference in becoming the purchaser, at private sale, of fractional sec- right granted to tion number thirty, in township number fifty-one, north of the base hi- line of range number twenty-five, west of the fifth principal meridian, containing twenty acres and fifty -one hundredths, at the minimum price Proviso. of the public lands : Provided, Said land shall not have been previously sold by the United States. June 26, 1834. Vol. 4, p. 686. Land office No. 1028. AX ACT to create additional land districts in the States of Illinois and Missouri, and in the Territory north of the State of Illinois. *#**** SEC. 5. And be it further enacted, That so much of the public lands of the United States, in the State of Missouri, as lies west of the range line between ranges ten and eleven west of the fifth principal meridian, and south of the line dividing townships, numbers forty and forty-one north of the base line, shall form a new land district, to be called the south- MISSOURI. 437 western land district ; and for the sale of the public lands within the district aforesaid, there shall he a land office established at such place within said district as the President of the United States may desig- nate. SEC. 6. And be it further enacted, That there shall he a register and Eegister and receiver appointed to said office, to superintend the sale of public land receiver. in said district, who shall reside at the place where said office is estab- lished, give security in the same manner and sums, and whose compen- sation, emoluments, duties, and authorities, shall in every respect be the same in relation to lands to be disposed of at said office, as are, or may be, by law provided, in relation to the registers and receivers of pub- lic money in the several offices established for the sale of the public lauds, (a) SEC. 7. And le it further enacted, That all such public lauds embraced Lands not dis- within the district created by this act, which shall have been offered Bc^sale ma be may be for sale to the highest bidder at the several land offices, at Jackson, entered and sold Franklin, Fayette, and Lexington, pursuant to any proclamation of the at private sale. President of the United States, and which lands remain unsold at the taking effect of this act, shall be subject to be entered and sold at pri- vate sale, by the proper officers of the office hereby created, in the same manner and subject to the same terms, and upon like conditions, as the sale of said land would have been subject to, in the said several land offices hereinbefore mentioned, had they remained attached to the same: Pro- p rov iso. vided, That nothing in this act shall be so construed as to permit the officers appointed in either of the foregoing land districts to receive compensation out of the Treasury of the United States. (&) (a) See Nos. 983, 994, 997, 1001, 1019, 1064, 1076, 1079, 1095. (b) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1020, 1083, 1086, 1096, 1110, 1115, 1120, 1121, 1135. No. 1029. AN ACT confirming to Gilbert Hodges, his heirs or legal repreaenta- June 30, 1834. tives, and to Henry Masters, his heirs or legal representatives, certain lands in the VoL 6, p. 580. State of Missouri. __ - _ Be it enacted, $-c., That Gilbert Hodges, his heirs or assigns be, and G. Hodges au- are hereby authorized to enter six hundred and forty acres of land with- tborized to enter out payment on any lands of the United States according to sectional a ^ct of April29 lines, in the State of Missouri, subject to sale by private entry in lieu of igie. the like quantity of land confirmed to said Hodges by act of Congress of twenty-ninth April one thousand eight hundred and sixteen, entitled "An act for the confirmation of certain claims to lands in the western district of the State of Louisiana, and in the Territory of Missouri," but which has been lost by the interference of prior claims. SEC. 2. And be it further enacted, That Henry Masters, his heirs and H. Masters au- legal representatives be, and are hereby authorized to enter six hundred thorized to enter and forty acres of land without payment on any lands of the United a tract States in the State of Missouri, subject to sale by private entry, in lieu of the like quantity confirmed to said Masters, by the act aforesaid, but which has been lost by the interference of a donation. No. 1030. AN ACT for the relief of George Gordon, assignee and representative June 30, 1834. of the heirs of Matthew Kamey, deceased. Vol. 6, p. 598. Be it enacted, #c., That George Gordon, as assignee and representative T pn( i claim of the heirs of Matthew Ramey deceased, be, and he is hereby, con- con fi rme d ' firmed in his claim to a settlement right to a tract of six hundred and forty acres of land, situated on a branch of the river Despres, ten or twelve miles west of St. Louis, and embraced in a tract of land which was sur- veyed for Matthew Ramey and to be located in such manner as to em- brace the improvements made by the said George Gordon : Provided, Proviso. That this act shall be considered only as a relinquishment of the title on the part of the United States, and not prejudicial to the rights of third persons. No. 1031. AN ACT for the relief of John Wilson. June 30, 1834, Be it enacted, #c., That to correct an error in the proceedings of the Vo1 - 6 P- 603> late board of commissioners appointed to examine and adjust private ^^^ land claims in Missouri, John Wilson be, and he is hereby, confirmed in firmed, his title to six hundred and twenty-two acres of land, situate in town- 438 MISSOURI. ship number forty-two north, of range five east, of the fifth principal meridian, instead of six hundred and twenty-two arpens, adjudged to him by the board of commissioners aforesaid. Feb. 6, 1835. No. 1032. AN ACT for the relief of Colonel John Eugene Leitensdorfer. Be it enacted, #c., That the Secretary of War be, and he is hereby, Land warrant directed to issue a land warrant to Colonel John Eugene Leitensdorfer, to issue to him. for three hundred and twenty acres j which warrant may be located with any register of the land offices in the State of Missouri, on any public laud subject to entry at private sale, and the said location may be made in parcels, conformable to sectional subdivisions, (a) * * * * * (a) See No. 970. March 3, 1835. No. 1 033. AN ACT for the relief of David Kincaid. Be it enacted, $-c., That David Kincaid be confirmed in his title to five Land title con- hundred arpens of land, situate in the forks of the river Chorette, dis- trict of St. Charles, being that lot of land claimed by the said David Kincaid, under a special permission to settle a concession from Charles Dehault Delassus, lieutenant governor, &c.. dated fourteenth January, eighteen hundred and three ; and that a patent issue in the usual form Proviso. for the same : Provided, That this act shall only operate as a relinquish- ment, on the part of the United States, of all their right and claim to the above-described lot of land, and shall not be considered as interfer- ing with the rights of third persons. June 7, 1836. No. 1034. AN ACT to extend the western boundary of the State of Missouri to Vol. 5, p. 34. the Missouri River. The western Be it enacted, #c., That when the Indian title to all the lands lying boundary of the between the State of Missouri and the Missouri River shall be extin- State extended. g u i 8 hed, the jurisdiction over said lands shall be hereby ceded to the State of Missouri, and the western boundary of said State shall be then extended to the Missouri River, reserving to the United States the original right of soil in said lands, and of disposing of the same : Pro- Proviso, vided, That this act shall not take effect until the President shall by proclamation, declare that the Indiao title to said lands has been extin- guished ; nor shall it take effect until the State of Missouri shall have assented to the provisions of this act. (a) (a) See Nos. 971, 989, 990, 991, 1043, 1045, 1068, 1071, 1076. June 23, 1836. No. 1035. AN ACT for the relief of David Browning. ' p ' ' Be it enacted #c., That David Browning be, and he is hereby, author- May relinquish ized to relinquish to the United States, in such form as the Commis- a d^nt r amrth 8 ^ oner ^ * ne General Land Office shall prescribe, the southeast quarter er in lieu thereof! ^ ^ e northeast quarter of section number twenty, and township num- her forty-nine, north of the base line, range number two, east of the fifth principal meridian, in the district of lands now offered for sale at Pal- myra, in the State of Missouri ; and upon such relinquishment being made as aforesaid, the said Browning shall be, and he is hereby, au- thorized to enter any other quarter quarter-section of land in the said district, which shall be liable to entry at private sale. July 1, 1836. No. 1036. AN ACT authorizing the Commissioner of the General Land Office, to Vol. 6, p. 660. issue to David J. Talbot, a patent for a quarter- section of land in Missouri. Land patent to Be it enacted, #c., That the Commissioner of the General Laud Office issue to him. "be, and he hereby is, authorized and directed to issue to David J. Tal- bot, of Missouri, a patent for the northwest quarter-section of section twenty- five, township forty-six, north of the base line, and range five, west of the fifth principal meridian, in Missouri, in conformity with the entry heretofore made by the said David J. Talbot, as assignee of Haile MISSOURI. 439 Talbot, in tho land office of St. Louis, Missouri : Provided, however, That Proviso, the said David J. Talbot, before the issuing of said patent, procure to be surrendered to the United States, at the General Land Office, to be can- celled, the patent for the same quarter-section which, erroneously and by mistake, was issued to one Robert Wash, upon, the New Madrid claim of one Peter Perron, and which the said Robert Wash is hereby author- ized to surrender accordingly. No. 1037. AN ACT for the relief of John Howell. July 2, 1836. Be it enacted. <$-c., That John Howell be, and he is hereby, confirmed > P- in his title to a tract of land, containing six hundred and forty acres, Land claim claimed by virtue of a settlement made thereon in the year one thousand confirmed, eight hundred and two, situated on the river Dardenne, in the county of Saint Charles, State of Missouri, to be surveyed in a square, or as near as may be, so as to include his improvement ; and in the event of there not being unappropriated public land adjoining his said settle- ment sufficient for the purpose, then the deficiency may be located upon any unappropriated land of the United States within the land district embracing said tract, subject to entry at private sale. No. 1038. AN ACT for the relief of the legal representatives of Nathaniel Shaver, July 2, 1836. deceased. Vol. 6. p. 675. Be it enacted; $' c -> That the decisions in favor of land claimants, made the recorder con- by the recorder of land titles in the State of Missouri, and the two com- firmecL rnissioners associated with him by virtue of an act entitled "An act for the final adjustment of private land claims in Missouri," approved July ninth, eighteen hundred and thirty-two, and an act supplemental thereto, approved March second, eighteen hundred and thirty-three, as entered in the transcript of decisions transmitted by the said recorder and commissioners to the Commiesioner of the General Land Office, and by him laid before Congress at the two last and present sessions, be, and the same are hereby, confirmed, saving and reserving, however, to all adverse claimants, the right to assert the validity of their claims in Proviso. a court or courts of justice : Provided, That nothing in this act contained shall apply to, or be in confirmation of the claim of Don Carlos D. Vile- Proviso, mont, for a tract of land at Point Chicot : And provided, also, That noth- ing in this act contained shall apply to, or be in confirmation of the following claims, to wit : Manuel Liza, six thousand arpens ; J. Coontz, and Hempstead, four hundred and fifty arpens ; Matthew Saucier, one thousand two hundred arpens ; Charles Tayon, one thousand six hun- dred arpens ; sons of Joseph M. Pepin, five thousand six hundred arpens ; Louis Lorimiere, thirty thousand arpens; Bartholomew Cousin, ten thousand arpeus; Manuel Gonzales Moro, eight hundred arpens; Sen- eca Rollins, four hundred arpeus ; William Long, four hundred arpens ; James Journey, four hundred arpeus; Joachim Lisa, six thousand arpens; Francois Lacomb, four hundred arpens; Israel Dodge, seven thousand [and]. fifty-six arpeus; Andrew Chevalier, four hundred ar- pens ; Joseph Silvain, two hundred and fifty arpens ; John P. Cabanis, two thousand arpens; William Hartly, six hundred and fifty arpens; William Morrison, seven hundred and fifty arpens ; Solomon Bellew, three hundred and fifty arpens ; Paschal Detcheinendez, seven thousand [and] fifty-six arpens ; Baptiste Aunure, two hundred and forty arpens ; Alexander Maurice, four hundred arpens ; Jean Baptiste Valle, twenty thousand arpens; Israel Dodge, one thousand arpens; Walter Fenwick, ten thousand arpens ; John Smith T., ten thousand arpens ; and Mackey Wherry, sixteen hundred arpens. (a) Other landmay SEC. 2. And be it further enacted, That if it shall be found that any be located, should tract or tracts confirmed as aforesaid, or any part thereof, had been pre- any of that be oc- viously located by any other person or persons under any law of the to 1 which 5 Sin 6 United States, or had been surveyed and sold by the United States, this finned. ac * shall confer no title to such lands in opposition to the rights acquired by such location or purchase ; but the individual, or individuals, whose claims are hereby confirmed, shall be permitted to locate so much thereof as interferes with such location or purchase, on any unap- propriated land of the United States within the State of Missouri, or Territory of Arkansas, in whichever the original claim may be, that Proviso. may be subject to entry at private sale: Provided, That such location shall conform to legal divisions and subdivisions, and shall not inter- fere with the rights of other persons. (6) Locations to be SEC. 3. And be it further enacted, That the locations authorized ly entered with the this act, shall be entered with the register of the proper land office, who register, &c. shall, on application for that purpose, make out for such claimant a certificate of location, which, with the certificate of confirmation, 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 shall have been fairly obtained, according to the true intent and meaning of this act and the laws of the United States, then, and in that case, patents shall be granted in like manner as is provided by law for the other lauds of the United States. And for each certificate of location to be issued as aforeauid, the register shall be entitled to receive from the person applying therefor, the sum of one dollar. (a) See NOB. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 998, 1002, 1007, 1020, 1024, 1063, 1067, 1102, 1104, 1106, 1107, 1124, 1139, 1143. (6) See Nos. 957, 998, 1102, 1106, 1107. MISSOURI. 441 No. 1042 AN ACT for the relief of James Keytes. March 3, 1337. Be it enacted, c., That the Secretary of the Treasury cause to be ' p ' 1_ issued to James Keytes, assignee of William Ashly, who is assignee of T Land patent to Grant Weed, a patent for a quarter- section of land, to be located on any of the public lands in the State of Missouri, subject to private entry ; p a t e nt, which is in lieu of a quarter-section which was patented to said Grant Weed, by the United States, on the eleventh day of May, eighteen hun- dred and nineteen, described as being the northeast-quarter of section eleven, in township number fifty-four north, of range twenty south, and which patent appears to have been altered by the Commissioner of the General Land Office on the third day of January, eighteen hundred and thirty-four, by inserting range twenty one instead of range twenty, so as to make the patent correspond with the record in said office : Pro- Proviso. vided, nevertheless, That no such location shall be made, or patent issue, until the said Keytes shall file a relinquishmeut with the register of the land office at Franklin, in the State of Missouri, for the above-named quarter-section, in range twenty-one aforesaid. Wo. 1043.-A PROCLAMATION issued by the President of the United States, under the act of June 7, 1836, chap. B6. March 28, 1837. Vol. 5, p. 802. Whereas, by an act of Congress of the 7th of June, 1836, it was enacted Preamble, that when the Indian title to all the lands lying between the State of Missouri and the Missouri River should be extinguished, the jurisdiction over said land should be ceded by the said act to the State of Missouri, and the western boundary of said State should be then extended to the Missouri River, reserving to the United States the original right of soil in said lauds, and of disposing of the same; and whereas, it was in and by the said act provided that the same should not take effect until the President should, by proclamation, declare That the Indian title to said lands had been extinguished, nor until the State of Missouri should have assented to the provisions ol the said act : And whereas, an act was passed by the general assembly of the State of Missouri, on the 16th of December, 1836, expressing the assent of the said State to the provisions of the said act of Congress, a copy of which act of the general assembly, duly authenticated, has been officially com- municated to this Government, and is now on file in the Department of State : Now. therefore, I, Martin Van Buren, President of the United States The President of America, do, by this my proclamation, declare and make known, that declares that the the Indian title to all the said lands lying between the State of Missouri Indian title has and the Missouri River, has been extinguished, and that the said act of | en Congress of the 7th of June, 1836, takes effect from the date hereof, (a) Given under my hand at the city of Washington, this 28th day of March, A. D. 1837, and of the Independence of the United States of America the sixty-first. MARTIN VAN BUREN. By the President : JOHN FORSYTH, Secretary of State. (a) See Nos. 971, 989, 990, 991, 1034, 1045, 1068, 1071, 1076. No. 1044. AN ACT for the relief of Philip Riviere and his le^al representatives. March 28, 1838. Be it enacted fo., That the claim and title of Philip Riviere and his VoL6 P- m legal representatives to a tract of land containing about four hundred Land claim and fifty arpens, French measure, situated in the county of St. Louis, confirmed. State of Missouri, formerly granted to said Philip Riviere and his heirs, by the Spanish Government, by concession, bearing date the four- teenth of October, eighteen hundred, and located and surveyed by vir- tue of and under said concession, on the thirtieth of November, eighteen legal representatives: Provided, That this confirmation does not inter- fere with any right or title arising under any grant, concession, or sur- Proviso. 442 MISSOURI. vey, made by the authority of the former Spanish or French Govern- ments in Upper Louisiana, and heretofore confirmed by Congress, or with any right or title to said land, or any part thereof, acquired by any individual or individuals by entry and purchase, in the land office of the United States, or which the United States may have acquired by pur- chase under any sale held in pursuance of any order of court, or decree in chancery ; and that a resurvey be made of the land hereby confirmed, subject to the above proviso, under the order and direction of the sur- veyor-general of the United States, at St. Louis, and at the expense of the said Philip Riviere, or his legal representatives. June 18, 1838. No. 1O45. AN ACT to authorize the President of the United States to cause the Vol. 5, p. 248. southern boundary line of the Territory of Iowa to be ascertained and marked. {.See IOWA, No. 1761.] Feb. 6, 1839. No. 1O46. AN ACT for the relief of Jean B. Valle. Vol. 6, p. 747. Be it waded, $c., That Jean B. Valle", assignee of Elizabeth Petchaka, Authorized to De > aud ne hereby is, authorized to locate one half-section of land, locate a tract of in legal subdivisions, upon any of the public lands subject to private land. entry within the State of Missouri, in lieu of the like quantity of land granted to the said Elizabeth Petchaka, by the seventh article of the treaty between the United States and the Delaware nation of Indians, made and concluded on the third day of October, in the year eighteen hundred and eighteen. March 2, 1839. No. 1047. AN ACT for the relief of Kobert Murray. Vol. 6, p. 752. j$ e ft enacted, J-c., That Robert Murray be, and he is hereby, author- May relinquish i ze( l to relinquish to the United States, in such form as the Commissioner certain land; and of the General Land Office shall prescribe, the northwest quarter of the enter another northwest quarter of section thirty-two, township fifty* five north, range tract< twenty-nine webt, of the fifth principal meridian, in the district of lands now offered for sale at Lexington, in the State of Missouri; and, upon such relinquishment being made as aforesaid, the said Murray shall be, and he is hereby, authorized to enter any other quarter quarter-section of unappropriated land in said district which shall be liable to entry at private sale. March 2, 1839. No. 1O48.-AN ACT for the relief of John Wiley and Jefferson Greer. Vol. 6, p. 752. Whereas it appears that John Wiley and Jefferson Greer, of the county Preamble. of Galloway and State of Missouri, purchased, each of them, from the Government of the United States, at the land office at St. Louis, in the State of Missouri, a half quarter-section of land, for which each got a certificate from the receiver of public lands at said office ; the said Wiley purchasing his in April, eighteen hundred and thirty-two, and the said Greer purchasing his in August, eighteen hundred and thirty- one ; and whereas it further appears that the said Wiley and Greer, after having improved and cultivated the said lands purchased as afore- said for three and four years, purchased of the Government lands which the Government had previously sold to others ; therefore, for the relief of said Wiley and Greer, Authorized to Be it enacted, $c., That John Wiley and Jefferson Greer, of the county enter land, with- o f Galloway and State of Missouri, or the legal representatives of each, out payment. ^e allowed to enter, without further payment, the quantity of three hundred and twenty acres each, of any of the unappropriated public lands of the United States that have been offered for sale, as a full com- pensation for the loss of the improvements which each had made upon lands which each had purchased of the Government, but which said lands so purchased by them had been previously disposed of by the Government to other individuals. March 2, 1839. Yol -6, p, 753. No. 1049. AN ACT for the relief of John Whitsitt. Be it enacted, six, west of the fifth principal meridian, as they may desire, at the minimum price : Provided, however, That the selection of lands shall be confined to the aforesaid township thirty-eight, of the ranges five and six west of the principal meridian, in the county of Crawford, in the State of Missouri ; and this act shall not be construed so as to permit the aforesaid Mussey or James to select, or purchase, or occupy, any lands in said township that may now be in the possession of any actual settler, or under improvement. Proviso. No. 1054. RESOLUTION for the relief of Edward Beatty, of Missouri. March 3, 1839. Vol. 6, p. 795. Whereas Edward Beatty, of the county of Marion, in the State of Missouri, some time in the month of March, eighteen hundred and Preamble, thirty-six, emigrated to Missouri for the purpose of entering public lands; that, in consequence of the representations of others, he con- verted about nine hundred dollars in specie into certificates of deposit; that, after he had purchased the certificates at an a'dvance of three per cent., he applied to the land office in Palmyra to enter land, when he was informed by the officers that the certificates could not be accepted, as none but the individual who made the deposit of money in the Treas- 444 MISSOURI. ury could enter land with them. In consequence of this condition of the affair, the petitioner has lain out of the use of the money for a year and upwards, and has no prospect of getting it back for some years to come, unless he be aided by Congress. Be it, therefore, Authorized to Resolved, $c., That the said Edward Beatty be, and he is hereby, enter with cer- authorized to enter land at any of the land offices in the State of Mis- ca^es landTiable soari > which is now liable to private entry, with the said certificates of to private entry, deposit, at the price of one dollar and twenty-five cents per acre : Pro- at 81.25 per acre, vided, however, That the said Beatty shall satisfy the register of the land office at which he may apply for the purpose of entering land, that the assignments on the same are genuine, and that he is legally entitled to the same. May 27, 1840. No. 1 055. AN ACT to revive an act authorizing certain soldiers in the late war to VoL 5, p. 380. surrender the bounty lands drawn by them and to locate others in lieu thereof, and for other purposes. [Act of May 22, 1826, revived, and its provisions extended to those having like claims in Missouri and Illinois. See ARKANSAS, No. 1216.] Mav 27, 1840. No. 1O56.-AX ACT for the relief of Joseph Cochran. Vol. 6, p. 801. g e i t enacted, . CM That Joseph Cochran be, and he is hereby, entitled Entitled to a to a preference in becoming the purchaser, according to the provisions pref eren ce in of the third section of the act entitled "An act for the final adjustment pn ?- basing ' a c * f Private land claims in Missouri," approved ninth Julv, one thousand ei & ht hum ! red . and thirty-two, of a certain tract of land, lying in the Palmyra district, Missouri, (for which proof of his right has heretofore been made by him to the land officers of said district, and his claim rejected by them on account of the conveyance to him by Albert Tison, the Spanish claimant, bearing date subsequent to the ninth July, one thousand eight hundred and thirty-two,) in the same manner, and under the same restrictions, as to quantity and lo -ation, as he would have been entitled to, had said conveyance been made preceding the Proviso. date of said act : Provided, That the entry hereby authorized shall be Proviso. made within one year from the date of this act: ~And provided, further, That this act shall be considered only as a relinquishment of the rights of the United States, and not to prejudice the rights of third persons. March 19, 1842. jvo. 1 057. AN ACT to authorize the governors of the States of Illinois, Arkansas VoL 5, p. 471; and Missouri to cause to be selected the lands therein mentioned. [Governors of Missouri, &c., may cause selections to be made of lands granted for internal improvements by act of September 4, 1841. See ILLINOIS, No. 410.] June 4, 1842. No . 105S.-AX ACT for the relief of James Riser and Barnett Foley, of Missouri. Be it enacted, #c., That James Kiser and Barnett Foley, of Missouri, Authorized t o or their legal representatives, be, and they are hereby, authorized to enter certa in enter a ^ ^ ne i an d office, at St. Louis, Missouri, at the price of one dollar and twenty-five cents, per acre, the west half of the northeast quarter of section twenty-six, township thirty-nine, range seven, lying in said district ; and upon such entry, and the payment of the purchase money, Proviso. a patent shall issue, as in other cases : Provided, Said entry be made, and the purchase money paid, within six months from the date of this act: And provided, further, That said land has not been sold by the United States before the passage of this act. July 27, 1842. No. 1059. AN ACT to grant to Van Bnren County, Missouri, the tract of land on Vol. 6, p. 842. which the seat of justice of said county has been located. , . 7-7 Be it enacted, #c., That there be, and hereby is, granted to the county in lieu ofthat of Van Buren, in the State of Missouri, the tract of land whereon the allowed by law. town of Harrisonville is situated, in said county, containing one hun- dred and sixty acres, according to the survey of Achilles Easby, county surveyor, for the seat of justice for said county, instead of the quarter- section allowed by law tor the same purpose; the justice of said county entering said tract in the proper land office, and paying for the same the minimum price, as in other cases. MISSOURI. -145 No. 1060. AN ACT for the benefit of the county of Holt, in the State of Missouri. Aug. 1, 1842. Be it enacted, $c., That the proper authoiities of the county of Holt. Vo1 - 6 .P-*"*7. in the State of Missouri, be, and they hereby are, authorized to make May enter cer- entry, at the proper land office, within one year next after the date of tain lands in full this act, at the minimum price, of the west half of the southwest quar- satisfaction of ter of section numbered twenty-six, and the east half of the southeast comity 1 uncfer quarter of section numbered twenty-seven, in township numbered sixty, act of *May 26th, and range numbered thirty-eight, situated in the said county of Holt, 1824. making one hundred and sixty acres, upon which the seat of "justice of said county is located, in full satisfaction of the claim of said county under the provisions of the act, entitled, "An act granting to the coun- ties or parishes of each State and Territory of the United States in which the public lands are situated the right of pre-emption to quarter- sections of land for seats of justice within the same," approved twenty- sixth of May, one thousand eight hundred and twenty-four : Provided, Proviso. That said lands shall not have been sold by the United States prior to the date of this act. No. 1061. AN ACT for the relief of Gregoire Sarpy, or his legal representatives. Aug. 11, 1842.. Be it enacted, #c., That it shall be the duty of the proper officers of Vo1 - 6 - P- 854 - the United States to issue a patent to Gregoire Sarpy, or his legal rep- Patent to be resentatives, for seven thousand and fifty-six arpens, containing six issued for a tract thousand and two acres and and fifty hundredths of an acre of land, of land - pursuant to patent certificate number one thousand and thirty-three, dated September thirteenth, one thousand eight hundred and twenty- five, and to the survey thereof numbered one thousand nine hundred and fifty- three, certified by the surveyor of Illinois, Missouri and Arkansas, at St. Louis, on the thirteenth of September, one thousand eight hun- dred and twenty-five. No. 1062. AN ACT for the relief of Sebastian Butcher, and the heirs and legal Aug 11 1842 representatives of Bartholomew Butcher, Michael Butcher and Peter Blooiu. VoL 6, p. 859. Be it enacted, #c., That Sebastian Butcher, and the heirs and legal ^r~. representatives of Bartholomew Butcher, Michael Butcher, and Peter confirmed 'to- Bloom, be, and they are hereby, confirmed in and to two tracts of land them. in the State of Missouri, to wit : One tract of four hundred arpens, about six miles from Mine a la Motte, the plat of which is in the land office at Jackson ; and another tract of twelve hundred arpens, situated on the waters of Grand or Big River, a plat of which to be produced by them ; the claims of the persons aforesaid to these tracts of land having been recommended for confirmation by the commissioners appointed under the "Act for the final adjustment of private land claims in Mis- souri," approved the ninth day of July, one thousand eight hundred and thirty-two, in their report dated the twenty-seventh of November, one thousand eight hundred and thirty -three : Provided, That this con- Proviso., firmation shall only operate as a relinquishment on the part of the United States to the said tracts of land, and is not intended to affect or interfere with the rights of other persons claiming title thereto ; but in the case of the existence of other legal title to said tracts of land, or to any part thereof derived from the United States, by pre-emption or other right, then the said Sebastian Butcher, and the heirs and legal representatives of Bartholomew Butcher, Michael Butcher, and Peter Bloom, be, and they hereby are, authorized to locate a quantity of land equal to that which may have been so taken up from out said claims by virtue of pre-emption or other rights derived from the United States, in legal divisions and subdivisions, not less than half-sections, on any of the unlocated lands of the United States in the State of Missouri, now subject to entry at private sale ; for which the proper officer of the Gov- ernment is hereby authorized and directed to issue patents, on the pro- duction of a certificate of the register of the land office within whose district such location may be made. No. 1063. AN ACT to authorize the issuing of a patent to the heirs or legal repre- Aug. 29, 1842. sentatives of Francis Bivard, deceased, and for other purposes. Vol. 6, p. 868. Beit enacted, #c., That the President of the United States be, and he ~ p is hereby, authorized and directed to cause to be issued to the heirs of to them for JJJ Francis Rivard, deceased, for the benefit of themselves and their legal island in the Mis- assignee or assignees, a patent for an island in the Mississippi River, sissippi. 446 MISSOURI. opposite the town of St. Genevieve, in the State of Missouri ; which said island was granted by the French Government to the said Rivaid, in the year seventeen hundred and fifty-six, and pronounced by the board of commissioners in eighteen hundred and twelve to be a corn- Proviso, plete title : Provided, That the same shall only operate as a relinquish- ment of the right of the United States, and shall not affect the right of third persons. Eeport, &c., SEC. 2. And be it further enacted, That the report with the accompa- m ad e by the com- nying testimony and documents, made by the commissioners for the inborn 11 nation of ^ na ^ settlement of land claims in Missouri, on the twenty- seventh No- land documents, vember, eighteen hundred and thirty- three, in pursuance of the " act for to be deemed the final adjustment of private land claims in Missouri," approved the equivalent to the n i n th July, eighteen hundred and thirty-two, and the act approved the second March, eighteen hundred and thirty-three, entitled "An act sup- plemental to the act, entitled 'An act for the final adjustment of land claims in Missouri/" as contained on pages from seven hundred and two to eight hundred and thirty-eight, inclusive, of volume five of the com- pilation of land documents printed by Dnff Green in the year eighteen hundred and thirty- four, and selected and edited under the authority of the Senate of the United States, by Walter Lowrie, secretary of the Senate, shall be deemed and taken, in all cases whatsoever, in law and in equity, as authentic and equivalent, similar and identical in all re- spects whatsoever as the original report of the said commissioners, (a) (a) See Nos. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 998, 1002, 1007, 1020, 1024, 1041, 1067, 1102, 1104, 1106, 1107, 1124, 1139, 1143. Aug. 29, 1842. No. 1064. AN ACT for creating a new land district in the State of Missouri, and Vol. 5 p. 538. for changing the boundaries of the southwestern and western land districts in said State. western land Be it enacted, $'c., That all that portion of the " western land district," district, and the created by an act of Congress, entitled "An act to establish an addi- P 1 a 1 1 e River tional land office in the State of Missouri," approved third of March stSut?t'he Platte eighteen hundred and twenty-three, which is situated north of the land district. Missouri River, together with the late northwest addition to the State of Missouri, commonly known as the " Platte River country," shall con- stitute a separate land district, to be called the Platte district. Eegister and SEC. 2. And be it further enacted, That there shall be a register and a receiver to be ap- receiver appointed for said land district, who shall reside and superin- pointed; their tend the sales of the public lands at such place as the President shall ice, &c. designate. They shall give security in the same manner and in the same sums, and their compensation, emoluments, duty, and authority, shall, in every respect, be the same in relation to the lands which may be disposed of at said office, as are or may be provided by law relative to the registers and receivers of public money in the several offices estab- lished for the sale of the public lands. Part of certain SEC. 3. And be it further enacted, That all that part of the southwest- districts annexed ern district of Missouri which is situated north of the line between to the Lexington townships thirty-four and thirty-five, and that portion of the Fayette land district lying west of the line dividing ranges twenty and twenty- one west, south of the Missouri River, is hereby annexed to, and shall make a part of the western or Lexington district of Missouri, the office for which district shall be located at such place as the President shall designate. Plats of s u r- SEC. 4. And be it further enacted, That it shall be the duty of the Sec- yeys to be depos- retary of the Treasury, as soon as the same can be done, to cause the ited in the proper plats of the surveys of the new district hereby created, and of the por- tion annexed to the western district, to be deposited in the proper offices, and he is hereby authorized to allow and pay, out of the pro- Reasonable ex- ceeds of the sales of the public lands, the reasonable expenses which pen ses to be paid, may be incurred in carrying this act into effect. Act when to SEC. 5. And be it further enacted, That this act shall take effect and be take effect. in force from and after the expiration of six calender months from the date of the passage thereof, (a) (a) See. Nos. 983, 994, 997, 1001, 1019, 1028, 1076, 1079, 1095. MISSOURI. 447 KTo. 1065. AN ACT for the relief of Elizabeth Munroe. Jan. 28, 1843. Yol. 6, p. 882. Be it enacted, #c., That Elizabeth Munroe, of the county of Boon, in the State of Missouri, or her legal representatives, upon the surrender Authorized on at the proper land office, to be cancelled, of the certificate for the east certain cert i ft* half of the southwest quarter of section number thirty-one, township cate to enter land, number fifty-eight, lange number twenty-one, entered for her by mis- take at the land office at Fayette, Missouri; and, upon the surrender of said certificate, shall be, and they are hereby, authorized to enter eighty acres of laud upon which she has located and made her improvements, and which she, at the time of said entry, supposed she was locating: Provided, That the land upon which she settled shall not, previous to Proviso, the date of this act, have been sold by the United States. Ko. 1066. AN ACT for the relief of the citizens of towns upon the lands of the May 23, 1844. United Stales, under certain circumstances. Vol. 5, p. 657. Be it enacted, $c., And provided, also, That the Authorities of corporate authorities of the town of Weston, in the county of Platte, "Weston allowed State of Missouri, or the county court of Platte County, in said State, twelve months to shall be allowed twelve months, from and after the passage of this act, er to enter at the .proper land office, the lands upon which said town is situate. No. 1067. AN ACT to provide for the adjustment of land claims within the States June 17, 1844. of Missouri, Arkansas, and Louisiana, and in those parts of the States of Missis- Vol. 5, p. 676. sippi and Alabama south of the thirty-first degree of north latitude, and between the Mississippi and Perdido rivers. Be it enacted, $-c., That so much of the expired act of the twenty-sixth Prov \ s r ions ^ f of May, one thousand eight hundred and twenty-four, entitled "An act ?gg 4 80 far as to enable claimants to land within the State of Missouri and Territory they related to of Arkansas, to institute proceedings to try the validity of their claims," the State of Mis- as related to the State of Missouri (excluding all such portions of saidsouri, revived act as referred to the Territory of Arkansas) be, and is hereby, revived and and re-enacted, and continued in force for the term of five years, and no longer ; and the provisions of that part of the aforesaid act hereby revived and re-enacted shall be, and hereby are, extended to the States of Louisiana and Arkansas, and to so much of the States of Mississippi and Alabama as is included in the district of country south of the thirty-first degree of north latitude, and between the Mississippi and Perdido rivers, in the same way and with the same rights, powers, and jurisdictions, to every extent they can be rendered applicable, as if these States had been enumerated in the original act hereby revived, and the enactments expressly applied to them as to the State of Missouri ; and District court the district court, and the judges thereof, in each of these States, shall *9 hav | J" risdi h c " "have and exercise the like jurisdiction over the land claims, in theirsp^igQ respective States and districts, originating with either the Spanish, iah claims. French, or British authorities, as by said act was given to the court, and the judge thereof, in the State of Missouri, (a) (a) See Nos. 722, 728, 957, 967, 972, 973, 914, 976, 980, 988, 998, 1002, 1007, 1020, 1024, 1041, 1063, 1102, 1104, 1106, 1107, 1124, 1139, 1143 No. 1068. AN ACT respecting the northern boundary of the State of Missouri. June 17. 1844. Yol. 5, p. 677. Be it enacted, #c., That there shall be appointed by the governor of Iowa Territory, by and with the advice and consentof the council of said Terri- Commissioners tory, a commissioner, to act in conjunction with such commissioner as JU^n ?boboun- may be appointed by the State of Missouri, and such third person, not a a ar y 1 1 u e be- citizen of the State of Missouri or Territory of Iowa, as may be desig- tween Iowa and nated by the two commissioners aforesaid; the duty of which said Missouri, three persons it shall be, to ascertain, survey, and mark out the northern boundary line of the State of Missouri, and to cause plats of the said line, when so ascertained, surveyed, and marked out, to be returned to the offices of the Secretary of State of the United States, of the State of Missouri, and of the Territory of Iowa, which plats shall be accom- panied by reports of their proceedings in the premises. 448 MISSOURI, Commissioners SEC. 2. And be it further enacted, That said three commissioners, or to appoint a snr- a ma jority of them, shall have authority to appoint a surveyor, and en- gage the necessary assistants and laborers, to enable them to ascertain,, survey, and mark the said line ; and the compensation of said commis- sioners, and of the surveyor employed by them, shall be at the rate of eight dollars per day, for so many days as they may necessarily be em- ployed about the business aforesaid ; and the laborers and asssistanta Compensation shall be paid such compensation as may be agreed upon between each limited. of them and the commissioners, or a majority of them, not to exceed two dollars per day. Report of ma- SEC. 3. And be it further enacted, That the report, as aforesaid, of any joiityofcommis- two of said commissioners, shall be final and conclusive, and the line so ascertained > surveyed, marked out and returned as aforesaid, by any t' wo ^ 8a ^ commissioners, shall be the northern boundary line of the State of Missouri. Act, when to SEC. 4. And be it further enacted, That this act shall not go into force until the legislature of the State of Missouri shall have assented to the same, and agreed to abide by the award of said commissioners, or any Appropriation, two of them, as final and conclusive ; and the sum of four thousand dollars is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to carry into effect the provisions of thia act. (a) (a) SeeNos. 971. 989, 990, 1034, 1043, 1045, 1071, 1076. June 19, 1846. No. 1069. AN ACT to authorize the justices of the county court of Bates County, Vol. 9, p. 651. in the State of Missouri, to enter a certain quarter-section of land for a county 1 seat. Justices of Be it enacted, $-c., That, the justices of the county court of the county ma te8 nte?hmd of Bate8 > in the State . of Missouri, be, and they are hereby, authorized for a county seat. * eu ter with the register and receiver of the land office at Clinton, in said State, for the use of said county, whereon the county seat thereof has been located, the northeast quarter of section seventeen, in town- ship, numbered thirty-eight north, of range numbered thirty west; and on payment of the minimum price therefor within twelve mouths after the passage of this act, a patent shall issue therefor as in other July 21, 1846. No. 1070. AN ACT for the relief of Robert Barclay, of Missouri. Be it enacted, #c., That Robert Barclay, of Missouri, be, and he here- Robert Barclay by is, authorized to enter, at any land office in the State of Missouri r tnorized to 8 ^ x h un dr e d and forty acres of any unimproved land, subject to sale at * ( private entry, according to the divisions of the public surveys ; the said six hundred and forty acres being in lieu of, and to be accepted as full compensation for, the concession of eight hundred arpens granted to him by the order of Delassus, the lieutentant governor of the province of Louisiana, dated March sixth, one thousand eight hundred and two r which have been sold by the Government of the United States as public lands. Aug. 4, 1846. No. 1071. AN ACT to define the boundaries of the State of Iowa, and to repeal Vol. 9, p. 52. so much of the act of the third of March, one thousand eight hundred and forty-five as relates to the boundaries of Iowa. [Question respecting northern boundary line of Missouri referred to Supreme Court for adjudication. See IOWA, No. 1779.] Aug. 8, 1646. No. 1072. AN ACT for the relief of James Journey. Be it enacted, #c., That James Journey, who claims title, by virtue James Journey o f a Spanish concession for four hundred arpens, to the northeast quar- confirmed in his ter of 8ec ti O n thirty, and the northwest quarter of section twenty-nine, land. both in township forty-seven north, and range one west, in Warren Patent to issue. County, Missouri, be confirmed in the same, and that a patent issue to him therefor ; and that he also be permitted, without paying any thing MISSOURI. 449 therefor, to enter with the register and receiver of the St. Louis land district forty acres on any of the unappropriated public lands now in market in said district, in full satisfaction of the remainder of said four . hundred arpens : Provided, That said entry shall not interfere with any rights of any other persons. No. 1O73, AN ACT for the relief of the legal representatives of John Huddle. Aug. 8, 1846. Vol. 9, p. 673. Be it enacted, #c., That the legal representatives of John Ruddle be, and are hereby, authorized, by law, to enter three hundred and fifty Datives oil arpens of any unlocated land now subject to entry in the State of Mia- Ruddle author^ SOUli. izedto enter 350 arpens of land. No. 1074. AN ACT for the relief George Gordon. Feb. 25, 1847. Be it enacted, $-c., That the entry and purchase by George Gordon, ' p ' 6 ' at the land office at St. Louis, Missouri, of the southwest quarter of sec- Entries of cer- tion thirty-two, in township numbered forty-six, of range numbered ^ in lands by six east, as per receiver's certificate numbered eight thousand three a^d^Zachariah. hundred and sixty-seven, and the entry and purchase by Zachariah C. c. Poor, legalized Poor, at the same land office, of the southeast quarter of section thirty- and confirmed. one, in township numbered forty-six, of range numbered six east, as per receiver's certificate number eight thousand three hundred and sixty-six, and by the said Poor assigned to said Gordon, and which said entries have been cancelled for irregularity, at the General Land Office, be, and the same are hereby, confirmed and legalized, and a patent or Patents to issue, patents shall issue therefor to the said George Gordon, or his assignee, as in other cases. No. 1075. AN ACT to grant a preemption right to the heirs or legal representa- March 3, 1847. tives of John Smith T. Vol. 9, p. 693. Be it enacted, tyc. , That the heirs or legal representatives of John Smith Authorized to T., the assignee of Jacques St. Vrain, to claim number four, in the re- ? nter at tb ; e v^- port of the commissioners appointed under the act of ninth July, eight- S^hof thedaim een hundred and thirty-two, for the adjustment of private land claims NO. 4 of Jacques in Missouri, and the act supplementary thereto, of the second of March, St. Vrain as has eighteen hundred and thirty- three, be, and the same are hereby, author- bee registered. ized to enter, at the minimum price of the public lands, so much of aE said claim as has been duly registered, located, and laid down on the plats of the public surveys for reservation, under the authority of the laws of the United States : Provided, however, That said entries shall not Proviso, exceed, in the aggregate, five thousand six hundred acres ; and that the said entries shall be made to conform to the surveys and legal subdivi- sions of the lands of the United States, and to include, as nearly as may be, the reservations as laid down on the plats aforesaid : And provided, TO be in full further, That the acceptance of the permission granted by the provision satisfaction of of this act shall be taken in full satisfaction of the grant of ten thou- *Jj gJSL*Jjfc sand arpens made to the said Jacques St. Vrain by the Baron de Caren- to 8a id st. Vrain. dolet, on the tenth day of February, seventeen hundred and ninety-six : Andprovided, That if any private rights exist to any part of said loca- Private tion, adverse to that of the claimants herein, the same shall be reserved secured, and saved to said adverse claimants. No. 1076. AN ACT to confirm the boundary line between Missouri and Arkansas. Feb. 15, 1848. Be it enacted, #c., That the dividing line between the States of Mis- souri and Arkansas, surveyed by commissioners appointed under au- Confirmation of thority of laws enacted by those States, and ratified as a common survey of boun- boundary by the act of the legislature of Arkansas, approved twenty- t ^ n * Missouri third December, eighteen hundred and forty-six, and of the legislature and Arkansas, of Missouri, approved February sixteenth, eighteen hundred and forty- seven, shall be, and the same is hereby, approved and confirmed as the p u bii c land boundary between those States, and between the surveying and land surveys to be districts bordering thereon; (a) and the Secretary of the Treasury is closed on that hereby authorized i.o have the surveys of the public lands of the United line - States closed on the line so surveyed as above mentioned : Provided, The 29 L O VOL II 450 MISSOURI. expense thereof shall not exceed six dollars per mile, for every mile and part of a mile actually surveyed, or necessarily resnrveyed in closing those surveys. (&) (a) See Nos. 983, 994, 997, 1001, 1019, 1028, 1064, 1079, 1095. (6) See Nos. 971, 989, 990, 991, 1034, 1043, 1045, 1068, 1071. July 17, 1848. No. 1077. AN ACT to confirm to the legal representatives of Joseph Dutaillis the Vol. 9, p. 724. location of a certain Xew Madrid certificate. Location under Be it enacted, $-c., That the location by the legal representatives or Xew Madrid assignee of Joseph Dutaillis, under a New Madrid certificate, numbered Sd!"* 6 C n " fif ty-two, ( 52 >) of the 80utl1 half of section eighteen, in township forty- nine north, range nine west, in the State of Missouri, be, and the same Patent to issue, is hereby, confirmed, and a patent may issue therefor as in other cases. Aug. 14, 1848. No. 1078. AN ACT for the relief of William Triplett. Vol. 9, p. 738. Be it enacted, $c. t That the right of William Triplett, of St. Louis Eight to a pre- County, Missouri, to a preemption of the southeast quarter of section oTland iif t Mis t - thir ty 8ix > in township forty-five, of range four east, as specified in the souri confirmed certificate of the receiver of the land office at St. Louis, numbered eleven to William Trip- thousand one hundred and seventy-one, held under the act of eighteen hundred and thirty-eight, being the land on which he, the said Trip- lett, has resided for more than twenty-five years last past, be, and the Upon payment same is hereby, confirmed and established ; and that upon payment be- being made for ing made? or having been made for said land, by said Triplett, a patent ent to issue. shall be issued to him: Provided, That all or any previous right ac- Proviso. quired, and grants or sales of said land by the United States, shall be, and the same are hereby, expressly saved and reserved from the opera- tion of this act. Feb. 26, 1849. N O . 1079.-AN ACT to establish an additional land office in the State of Missouri. Vol. 9, p. 347. Be it enacted, $-c., That so much of the public lands of the United Pa i rt i- F * y " States included in the present Fayette district, in the State of Missouri, formed into new as lies within the following boundaries, to wit : Beginning at the point land district. on the northern boundary of the State intersected by the line between ranges thirteen and fourteen ; thence south along that line until it in- tersects the line between townships fifty-five and fifty-six ; thence west along that line until it intersects the line between ranges twenty-three and twenty-four ; thence north along the last mentioned line to tho northern boundary of the State ; thence east with said boundary line to the beginning, shall be formed into a new land district, to be called the To be called Chariton district ;" and for the sale of the public lands within the dis- trict r : 18 ~ trict hereby constituted, a land office shall be established at such most Land office to convenient place within the said district as the President of the United be established. States may designate. SEC. 2. *And be it further enacted, That for the office in the land district .Register and hereby created, a register and receiver shall be appointed by the Presi- pSnted! IP ~ dent > b y and witn the advice and consent of the Senate, who shall To give bond, severally give bond and security, according to law, before entering on Their compen- the duties of their respective offices. They shall receive the same com- sation, duties, pensation, fees, and emoluments, and shall perform similar duties, and possess the same powers with all other registers and receivers of land offices, and shall, in all respects, be governed by the laws of the United States providing for the sale of the public lands. Books, maps, SEC. 3. And be it further enacted, That the Commissioner of the Gen- Ac., of the Fay- era i Land Office shall cause to be transferred to the land office hereby ette land district, createtl al j 8ucn books, maps, records, field-notes, and plats, or tran- new office. scripts thereof, relating to the surveys and entries of the public lands in this district, as may be necessary for the sale of the public lands, in compliance with the provisions of this act. (a) (a) See Noa. 983, 994, 997, 1001, 1019, 1028, 1064, 1076, 1095. MISSOURI. 451 No. 1080. AX ACT for the relief of Solomon Davis. March 2, 1849. Be it enacted, $-c., That Solomau Davis, of Oregon County, in the State of Missouri, be, and he is hereby, authorized to enter, in place of the Solomon Davis northwest quarter of lot number two, in the southwest quarter of sec- Bother t0 iot of tion number six, in township number twenty-four north, range five i am j \ u ]i eu O f west, any other lot of land subject to private entry, and that his pay- the one hereto- ment, heretofore made for said northwest quarter of lot. number two, for . e entered and shall be taken in part payment for said new entry : Provided, That the pa provLo said Solomon Davis shall first release to the United States all his right, title, interest, and claim to said northwest quarter of lot number two, containing thirty-five acres and thirty-six hundredths, more or less, and shall further show, before said release, that the title to said lot number two is still in him, the said Davis, and that the said lot has not been in any way encumbered by mortgage, judgment, taxes, or in any other manner, and that the title thereto is in every respect as good as when the same was entered by the said Davis. lo. 1081. AN ACT to authorize the citizens of Ozark County, Missouri, to enter March 3, 1849. less than a quarter- section of land for the seat of justice in said county. "Vol. 9, p. 772. Be it enacted, cfc., That the county of Ozark, in the State of Missouri, citizens of may enter by preemption less than a quarter- section of land, to be taken Ozark County au- by legal subdivision. Said entry, except as to quantity, shall be made thorized to nter according to the provisions of the act of Congress, approved May J e at ? VsSoefOT twenty-sixth, eighteen hundred and twenty-four, entitled "An act grant- 8a id county, ing to the counties or parishes of each State and Territory of the United States in which the public lands are situated, the right of preemption to quarter-sections of land for seats of justice within the same. No. 1082 AN ACT for the relief of Charles McLane, of Missouri. March 3, 1849. Be it enacted, $-c., That the claim of Charles McLane to seven hundred and forty-eight arpens and sixty-eight perches, which is entered as Ancient settle- number thirty-three in the second class of the decisions of the late m u nt , cl ^f n r- of board of commissioners in Missouri, but which has since been shown to ^ 748^1 pens and be an ancient and continued settlement claim, be and the same is hereby, 68 perches of confirmed, according to the original survey in eighteen hundred and land confirmed to six. him - SEC. 2. And be it further enacted, That this confirmation is in no manner This confirma- to impair or affect any interfering adverse recognized claim, if any such tio . n not to im " should be found to exist when a retracing and connection by survey of JJJJjSzed cl the original lines of said claim shall be made by the proper officer of the United States, pursuant to this confirmation; and that after such ^ fter t survey shall be made, and an official plat of the same returned to the JSJ. to General General Land Office, a relinquishment patent shall be issued, in which Land Office, pat- shall be saved and protected any adverse interfering right, if such ent to issue, exist. No. 1083. AN ACT granting the right of way to the State of Missouri, and a por- June 10, 1852. tion of the public lands, to aid in the construction of certain railroads in said Vol. 10, p. 8. State. Right of way Be it enacted, $-c., That the right of way through the public lands be through the pub- and the same is hereby granted to the State of Missouri, for the con- lie lands granted struction of railroads from the town of Hannibal to the town of St. J^^"*^ nd Joseph, in said State, and from the city of St. Louis to such point on also right to take the western boundary of said State as may be designated by the author- materials, &c t ity of said State, with the right also to take necessary materials of earth, stone, and timber for the construction thereof, from the public lands of the United States adjacent to said railroads : Provided, That Proviso as to in locating the railroads aforesaid, and assigning the limits to the ease- ?^ nt ment, no more land shall be taken from the United States than is nec- essary for a convenient construction and use of said roads as public ways for transportation, including stations, with the usual build- 452 MISSOURI. ings of all kinds, turn-outs and such other appurtenances as are usually Cops- of loca- enjoyed by railroad companies, and a copy of the location of said roads, tion to be filed, made under the direction of the legislature, shall be forwarded to the proper local land offices respectively, and to the General Land Office at Washington City, within ninety days after the completion of the same, to be recorded. Grant of lands SEC. 2. And be it further enacted, That there be, and is hereby granted to Missouri in aid to the State of Missouri, for the purpose of aiding in making the rail- >f said rail roads. roa ^ 8 aforesaid, every alternate section of land designated by even numbers, for six sections in width on each side of said road ; but in case it shall appear that the United States have, when the line or route of said roads, or either of them, shall be definitely fixed by the author- ity aforesaid, sold any section or any part thereof granted as aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the governor of said State, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States most contiguous to the tier of sec- tions above specified, so much land in alternate sections or parts of sections as shall be equal to such lands as the United States have sold, or to which the right of preemption has attached as aforesaid ; which lands, thus selected in lieu of those sold, and to which pre-emption rights have attached asaforesaid, together with the sect ions and parts of sections designated by even numbers as aforesaid, and appropriated as aforesaid, shall be held by the State of Missouri for the use and purpose aforesaid : Provisos. Provided, That the lands to be so located shall in no case be further than fifteen miles from the line of the road in each case : Provided fur- ther, That the lands hereby granted shall be exclusively applied in the construction of that road for which it was granted and selected, and shall be disposed of only as the work progresses, and the same shall be applied to no other purpose whatsoever : And provided further, That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the pur- pose of aiding in any object of internal improvement, or for any other purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the route of the said railroads through such reserved lands; in which case the right of way only shall be granted, (a) The minimum SEC. 3. And be it further enacted, That the sections and parts of sec- price of the sec- tions of land which, by such grant, shall remain to the United States, doubled* gran within 8ixmile80n eaoh side of 8aid roads, shall not be sold for less than double the minimum price of the public lands when sold ; which lands shall from time to time be offered at public sale to the highest bidder, under the direction of the Secretary of the Interior, and shall not be subject to entry until they shall have been so offered at public sale. (&) The granted SEC. 4. And be it further enacted, That the said lands hereby granted to la u d d%ouo other the 8aid State 8na11 be 8ub J ect **> the disposal of the legislature thereof, purpose, and the f r ^ e purposes aforesaid, and no other; and the said railroads shall railroads to be be and remain public highways for the use of the Government of the free to the use of United States, free from toll or other charge upon the transportation of 3 d any property or troops of the United States. How the grant- SEC. 5. And be it further enacted, That the lands hereby granted to ed lands are to said State shall be disposed of by said State only in manner following, be disposed of. that is to say : that a quantity of land not exceeding one hundred and twenty sections on each road, and included within a continuous length of twenty miles of said road, may be sold ; and when the governor of said State shall certify to the Secretary of the Interior, that said twenty miles of said road is completed, then another like quantity of land hereby granted may be sold ; and so from time to time, until said road is com- pleted ; and if said road be not completed within ten years, no further sales shall be made, and the land unsold shall revert to the United States. The mail to be SEC. 6. And be it further enacted, That the United States mail shall at transported a tall times be transported on said railroads under the direction of the Caress 6 shall Po8t - ffice Department, at such price as Congress may bylaw direct, (a) fix. ( ) See Nos. 1086, 1088, 1111, 1112, 1113, 1120, 1121, 1122, 112o, 1131, 1132, 1133, 1134, 113C, 1152. <&) See Nos. 729, 981, 983, 997, 1007, 1009. 1010, 1020, 1028, 1066, 1096, 1110, 1115, 1120, 1121, 1135. MISSOURI. 453 No. 1084 AN ACT giving the assent of Congress to the State of Missouri to June 10, 1852. impose a tax or taxes upon all lands hereafter sold by the United States therein, Vol. 10, p. 10. from and after the day of such sale. --- Be it enacted, <$-c., That the assent of Congress is hereby given to the Missouri may State of Missouri, to impose a tax or taxes upon ail lands hereafter sold tax P ubli c lands by the United States, in said State, from and after the day of such sale : as Provided, That the assent hereby given shall in nowise impair that pro- vision of the compact with the said State which declares that all lands ^e^^n &S t0 to citizens of the United States residin without the said i State sha ing therein, (a) (a) See Nos. 791, 989. n belonging to citizens of the United States residing without the said re8 ici en tg. hall never be taxed higher than lands belonging to persons resid- No. 1085. AN ACT for the relief of James W. Campbell, of Pike County, Mis- July 21, 1852. souri. Vol. 10, p. 733. r,e it enacted, $c., That James W. Campbell, of Pike County, State of James ^ Mi.-souri, be authorized to enter, fr^e of charge, any of the public Campbell author- lands, subject to private entry, at one dollar and twenty-five cents per ized to enter cer- acre, lying in the district of lands subject to sale at the land office at Palmyra, in said State, not exceading one hundred and twenty acres, upon making proof satisfactory to the register and receiver of said land office, subject to the approval of the Commissioner of the General Land Office, that he is the legal assignee of John J. Jackson, and that two certain receiver's receipts, numbered nineteen thousand five hun- dred and thirteen, and nineteen thousand five hundred and fourteen, dated June twenty-six, eighteen hundred and thirty-eight, purporting to be issued by A. Bird, receiver at Palmyra, in favor of said Jackson, one for fifty dollars, and one for one hundred dollars, are genuine, and upon surrendering said receipts to the United States and executing a relinquishment of all his right, title, and interest to the land therein described. No. 1086. AN ACT granting the right of way and making a grant of land to the Feb. 9, 1853. States of Arkansas and Missouri, to aid in the construction of a railroad from a point Vol. 10, p. 155. on the Mississippi, opposite the mouth of the Ohio Eiver, via Little Rock, to the Texas boundary near Fulton, in Arkansas, -with branches to Fort Smith and the Mississippi River. Be it enacted, $c., That the right of way through the public lands be Grant of right and the same is hereby granted to the States of Arkansas and Missouri, Jansas^nd Mis- for the construction of a railroad from a point on the Mississippi Kiver, sonr i f or a rail- opposite the mouth of the Ohio, in the State of Missouri, via Little road Eock, to the Texas boundary line near Fulton, in Arkansas, with branches from Little Ro; k, in Arkansas, to the Mississippi River and to Fort Smith, in said State, with the right to take necessary materials of earth, stone, timber, etc., for the construction thereof: Provided, That Extent of right, the right of way shall not exceed one hundred feet on each side of the C op f , survey length thereof, and a copy of the survey of said road, made under the to b direction of the legislatures of the said States, shall be forwarded to the proper local land offices respectively, and to the General Land Office at Washington City, within ninety days after the completion of the same. SEC. 2. And l)e itfurthei' enacted, That there be and is hereby granted Grant of land to the States of Arkansas and Missouri, respectively, for the purpose of to said States in aiding in making the railroad and branches as aforesaid, within their J^ 01 respective limits, every alternate section of land designated by even numbers, for six sections in width on each side of said road and branches ; but in case it shall appear that the United States have, when the line or route of said road is definitely fixed by the authority afore- said, sold any part of any section hereby granted, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the governor of said State, to select, subject to the approval aforesaid, from the lands of the United States most contiguous to the tier of sections above specified, so much laud in alternate sections or parts of sections as shall be equal to such lauds as the United States have sold, or to which the right of preemption has attached as aforesaid, which lands, being equal in quantity to one-half of six sections in width on each side of said road, the States of Arkan- sas and Missouri shall have and hold to and for the use and purpose aforesaid : Provided, That the lands to be located shall in no case be Provisos, further than fifteen miles from the line of the road : And provided further, 454 MISSOURI. Purpose to That the lands hereby granted shall be applied in the construction of which the grant- 6ai( | Tird ^ an d 8 hall be disposed of only as the work progresses, and applied. * 8na11 be applied to no other purpose whatsoever: And provided further, Reserved lands That any and all lands reserved to the United States by any act of excepted from Congress, for the purpose of aiding in any object of internal improve- ment, or in any manner for any purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of the said railroad and branches through such reserved lands, (a) Price of sec- SEC. 3. And be it further enacted, That the sections and parts of sec- tions not granted tions of land which by such grant shall remain to the United States within six miles on each side of said road, shall not be sold for less than double the minimum price of the public lands when sold. (6) Lands granted SEC. 4. And be it further enacted, That the said lands hereby granted to be appropri- to the said States shall be subject to the disposal of the legislatures ated to r- thereof, for the purposes aforesaid and no other; and the said railroad Xo charge to and branches shall be and remain a public highway for the use of the be made to the Government of the United States, free from toll or other charge upon United States for the transportation of any property or troops of the United States. Sj?SJty or SEC - 5 - And be u further enacted, That the lands hereby granted to said troops. States shall be disposed of by said States only in the manner follow- Howsaidlands ing ; that is to say, that a quantity of land not exceeding one hundred may be disposed an( j twenty sections, and included within a continuous length of twenty miles of said road, may be sold ; and when the governors of said State or States shall certify to the Secretary of the Interior that twenty con- tinuous miles of said road is completed, then another like quantity of Unsold lands land hereby granted may be sold ; and so from time to time until said to revert if the road is completed ; and if said road is not completed within ten years, umptetod in ten no f urther 8ales 8ha11 be made > and the land unsold shall revert to the years United States. Mail to be SEC. 6. And be it further enacted, That the United States mail shall at transported at a \\ times be transported on the said road and branches, under the direc- Congress 1Ce8 shall tion . f the p 8t - Office Department, at such price as Congress may by direct, l w direct, (a) (a) See Nos. 1083, 1088, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 1152. (6) See Nos. 729, 981, 983, 997, 1007, lOOy, 1010, 1020, 1028, 1083, 1096, 1110, 1115, 1120, 1121, 1135. Feb. 9, 1853. No. 1087. AN ACT for the relief of Joseph M. Wilcoxon, of the State of Mis- Vol. 10, p. 752. souri. Certain land Be it enacted, #c., That entries number twenty-one thousand nine entries in Mia- hundred and seventy-seven, and twenty-two thousand one hundred and to ar j C M fir w!l- th irt y- ei g nt > of the south half of section three, and the southeast frac- coxon. tional quarter of section nine, on island number nineteen, in township fifty-one, north of range twenty-two west, in the State of Missouri, here- tofore made by Joseph M. Wilcoxon, be, and the same are hereby con- firmed to the said Joseph M. Wilcoxon, his heirs and assigns, and the title to the said laud be, and the same is hereby vested in the said Proviso. Joseph M. Wilcoxon, his heirs and assigns : Provided, That this act shall not be construed to interfere with, or in anywise impair, the rights of third persons in and to the said land or any part thereof. Feb. 14, 1853. No. 1088. AN ACT granting the right of way to the St. Louis and Iron Mount- Vol. 10, p. 754. ain Railroad Company, and for other purposes. Right of way Be it enacted, j-c., That the right of way, sixty feet in width, through at St. Louis the lands in which the St. Louis arsenal, the St. Louis marine hospital, granted to the and Jefferson barracks are situated, in the State of Missouri, be and Iron Mountain the 8ame is nereb y granted to the St. Louis and Iron Mountain Rail- Railroad, road Company, for the construction of a railroad from the city of St. Pr >visos. Louis through said lands : Provided, That the location of said road through the lands aforesaid shall be made subject to the approval of the Secretary of War : Provided further, That said location can be made without injury to the public interest in the opinion of the said Secretary of War. (a) # * * * # * * (a) See Nos. 1083, 1086, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 1152. MISSOURI. 455 No. 1089. AX ACT for the relief of Conrad Wheat, jr., or his legal represents July 27, 1854. tives. Vol. 10, p. 798. Be it enacted, $*c., That the location of six hundred and forty acres of c onra ^ wheat, land, and which is described as survey number two thousand four huu- j r .'s location of dred and fifty-three in township forty-four north, of range five and six 640 acres of land east, of the principal meridian, in the State of Missouri, made by Con- confirmed. rad Wheat, jr., on the twenty-second day of October, eighteen hundred and sixteen, under a certificate of location numbered one hundred and thirteen, issued on the twelfth day of August, eighteen hundred and sixteen, by the recorder of land titles, to the said Wheat, is hereby con- firmed. SEC. 2. And be it further enacted, That the Commissioner of the Gen- Patent to issue eral Land Office is hereby authorized to issue a patent to the said Con- Jo said Wheat or rad Wheat, jr., or his legal representatives, for the said lands. tives 16 No. 1090. AN ACT for the relief of William J. McElhiney, E. P. Matthews, and Aug. 3, 1854. Lawrence Cribben. Vol. 10, p. 813. Be it enacted, $-c., That William J. McElhiney, E. P. Matthews, and "Wm. J. McEl- Lawrence Cribben, shall be, and they are hereby, respectively authorized hiney, E. P. Mat- to enter the portions of the southeast fractional quarter of fractional * hew . 8 ' and L - section ten, and the southwest fractional quarter of fractional section e/ally ' author eleven, west of the St. Charles commons, in township forty-sixth north, ized to enter cer- of range four east, in the district of lands subject to sale at St. Louis, tain lands now in Missouri, now in possession of each of them, upon producing proof to tbeir possession, the satisfaction of the land officers for said district, of the extent of Sftions their possessions, respectively, in said fractional sections, and paying wheii patent therefor the minimum price of the public lands ; and, upon such proof to issue therefor. and payment being made, certificates and patents shall be issued there- for, as in other cases of the sale of public lands. No. 1091 .AN ACT for the relief of Lloyd Dorsey, and others. Aug. 5, 1854. Be it enacted, fc., That Lloyd Dorsey, of the county of St. Charles, Yof 1Q .P- 825 - and State of Missouri, be, and he is hereby, authorized to enter at the Lloyd Dorsey proper land office in said State, at the minimum price of the public authorized to en- lands, the southeast fractional quarter of section twenty-two, township ter certain land, forty-six, range four east, containing one hundred and forty-two and eighty-nine one-hundredth acres ; and that he is hereby authorized to enter, for the use and benefit of the heirs of George Pitzer, deceased, the southwest fractional quarter of section twenty-two, township forty- six, range four east, containing one hundred and four acres, and the northeast fractional quarter of section twenty-seven, township forty- six, range four east, containing forty-six acres : Provided, That nothing Proviso, in this act contained shall prejudice the rights of any person or persons having any legal or equitable claim to the lands herein mentioned, any or part thereof. No. 1092. AN ACT for the relief of the legal representatives of George McGirk. Aug. 5. 1854. Be it enacted, fc., That the legal representatives of George McGirk YoL 10 ' p " 826> be, and they are hereby, authorized to enter, without payment, one The represent- hundred and sixty acres of land, in any land office of the State of Mis- atives of Me- souri, in lieu of a tract of land claimed by them in said State, viz : the Girk "J certain northwest quarter of section one, in township forty-eight, of range i ands . seventeen, (west of the fifth principal meridian line, and being survey number two thousand five hundred and forty- four;) for which land, so entered by them, the register of the land office shall issue the neces- sary certificate, on payment of the fee therefor, on return of which said certificate to the General Land Office, a patent shall issue in favor of said legal representatives. No. 1 093. AN ACT for the relief of the inhabitants of township forty-five, range Aug. 5, 1854. one, in Warren County, Missouri. Vol. 10, p. 827. Whereas the concession of six hundred arpens of land by C. D. DC- "preamble, lassus, the lieutenant governor of Upper Louisiana, to Andrew Kinaird, and which concession was confirmed by the act of Congress of July fourth, eighteen hundred and thirty-six, entitled "An act confirming claims to land in the State of Missouri, and for other purposes," was located prior to the surveys of the public lands in Missouri ; and whereas, 456 MISSOURI. upon the survey of said lauds cue-half of section sixteen, of township forty -five, of range one west, in Warren County, Missouri, was covered by the concession to said Kinaird : Therefore Other lands Be it enacted, $c., That the board of directors of common schools in may be selected and f or g^ township be, and they are hereby, authorized to select and SsectionlG have set apart, for the use of schools in said township, one-half of a section of any of the public lands in the land district within which said county is situated, in lieu of the half of said section sixteen, which is covered by the concession to said Kinaird ; and when the said board of directors shall make the selection of said half-section, the[y] shall notify the register of the land office in said district of the land so se- lected, and the same shall be reserved from sale and set apart for the Proviso. use of schools in said township : Provided, That said selection and noti- fication be made within twelve months after the passage of this act, and provided said selection shall be according to the legal subdivisions of the public lands, and in quantities not less than eighty acres. When selected; SEC.2. Andbeit further enacted, That, when the half-section of land shall nT *d have been so as aforesaid selected and reported to the register af oresaid,the same shall vest in the State of Missouri, subject to the same disposition and uses, and shall be held subject to the same conditions and terms in all respects whatsoever, as by the sixth section of the act of Congress of March sixth, eighteen hundred twenty, entitled "An act to authorize the people of Missouri Territory to form a constitution and State gov- ernment, and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain Ter- tories," were prescribed or intended in relation to sections numbered sixteen, (a) (a) See Xos. 972, 988, 989, 995, 1013, 1016, 1114, 1142, 1145. Jan. 12, 1855. No. 1 094. AX ACT authorizing the legal representatives of Antoine Vasquez, Tol 10 p. 838. Hypolite Vasquez, Joseph Vasquez, and John Colligan, to enter certain lands in Missouri. Representatives Be it enacted, $c., That the legal representatives of Antoine Vasquez, of Antoine Vas- Hypolite Vasquez, Joseph Vasquez, and John Colligan, be, and they quez, and others, are hereby, authorized to enter, without payment, at any-land office in ter -certain land the State of Missouri, in such quantities, agreeably to the United States in Missouri in surveys, as the claimants may desire, a quantity of land subject to lieu of another private entry, not exceeding eight hundred arpens^for each of the three persons first above named, and twelve hundred arpens for said Colligan, in lieu of, and in compensation for, a claim of that quantity allowed to them by the board of commissioners appointed for the final adjust- ment of private land claims in the State of Missouri, and confirmed to them by "An act confirming claims to land in the State of Missouri, and for other purposes," approved July fourth, eighteen hundred and thirty-six ; and the register or registers of the land offices aforesaid shall receive the proper applications and proofs, and shall issue the necessary certificate or certificates, on return of which to the General Land Office, with proofs sufficient, in the opinion of the Secretary of the Interior, to establish the right of the claimants as such legal representatives, a Patent to issue, patent or patents shall issue, as in other cases. April 5, 1856. No. 1095. AX ACT to continue temporarily the hind offices at Kalamazoo, in the VoL 11, p. 2. State of Michigan, and at Palmyra, in the State of Missouri. [See MICHIGAN, No. 525a.] July 3, 1856. No. 1096. AX ACT granting to certain citizens of the State of Missouri the right VoL 11, p. 23. to enter certain lands in the Plattsburg district, in said State. Preamble Whereas the State of Missouri, under the provi ions of the eighth sec- tion of the act of Congress of the fourth September, eighteen hundred and forty-one, selected certain lands in the Plattsburg district, in the said State of Missouri, which lands were thereupon withheld from sale by the United States; and whereas the said State of Missouri permitted entries thereof to be made at the State laud office ; and whereas, also, the said selections by the State of Missouri were subsequently rejected and not confirmed to the said State; now therefore, MISSOURI. 457 Be it enacted, cj'-c., That in all cases where persons purchase such lands Purchasers from the said State of Missouri, by entry at the State land office, the JJJSdJ 1 "j^Jjf 1 title to which lauds is still in the United States, such persons so hav- t h e piattsburg ing purchased the same, or their assignees, in case the same shall have district, been sold and conveyed, shall be permitted to enter the same at the proper land office of the United States, at the price of one dollar and twenty-five cents per acre : Provided, That in all cases where entries of Proviso, such lauds have been permitted to be made at the proper United States land office, at one dollar and twenty-five cents per acre, by persons who had purchased the same from the State of Missouri, or their assignees, such entries or sales shall be, and the same are hereby, confirmed : Pro- vided, further, That nothing in this act contained shall be construed so as to interfere with the rights of third parties, (a) (a) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1110, 1115, 1120, 1121, 1135. No. 1097. AN ACT authorizing the legal representatives of Manuel Gonzales Aug. 23, 1856. Moro to enter certain lands in Missouri. Vol. 11, p. 482. Be it enacted, $c., That the legal representatives of Manuel Gonzales Representatives Moro be and they are hereby authorized to enter, without payment, at O f Manuel Gon- aiiy land office in the State of Missouri, in such quantities, agreeably to zales Moro au- the United States surveys, as the claimants may desire, a quantity of thorized to enter land subject to private entry, not exceeding seven thousand and fifty- ce six arpens of laud, at a price not exceeding one dollar and twenty-five cents per acre, in lieu of and in compensation for a claim of that quantity allowed to them by t he board of commissioners appointed for the final ad- justment of private land claims in the State of Missouri, and confirmed to them by "An act confirming claims to land in the State of Missouri, and for other purposes," approved July fourth, eighteen hundred and thirty- six. And the register and receiver of the land offices aforesaid shall receive the proper applications and proofs, and shall issue the necessary certificate or certificates; on return of which to the General Land Office, with proof sufficient, in the opinion of the Secretary of the Inte- rior, to establish the right of the claimants as such legal representa- tives, a patent or patents shall issue as in other cases. No. 1O9S. AN ACT to authorize the legal representatives of Pascal L. Cerre to Jan. 26, 1857. enter certain lands in the State of Missouri. Vol. 11, p. 488. Be it enacted, $-c., That the legal representatives of Pascal L. Cerre be Representatives and they are hereby authorized to locate, free of costs, on any of the f Pascal L. public lands of the United States in the State of Missouri, agreeably to Cerre authorized the United States surveys, subject to sale at private entry, at the mini- f locate certain mum price, the quantity of seven thousand and fifty-six arpens of land, lai less such quantity of lands as they may have already acquired under and by virtue of the confirmatory act of eighteen hundred and thirty- six, entitled "An act confirming claims to lauds in the State of Missouri, and for other purposes," approved July fourth, eighteen hundred and thirty-six ; and the Commissioner of the General Land Office, upon the receipt of the proper certificate or certificates, and upon being satisfied that such claimants are such legal representatives, shall cause a patent or patents to be issued as in other cases. No. 1099. AN ACT for the relief of Charles Lucas, or his legal representatives, p e b. 3, 1857. and for other purposes. Vol. 11, p. 490 Be it enacted, $-c., That Charles Lucas, or his legal representatives, be and he or they are hereby confirmed in the hereinafter-described one or hundred and twenty-five acres and fifty-eight one-hundredths of an a tives confirm- acre, part and parcel of a tract of three hundred and twenty -three acres ed in their title and fourteen one-hundredths of an acre, located by virtue of New to Madrid certificate number two hundred and thirteen, corresponding to 80 survey number two thousand five hundred and ninety-two, lying in the Palmyra, Missouri, land district, that is to say, the west half of the southwest quarter of section twenty-five, a strip eighty-one links wide off the entire north side of the northwest quarter of section thirty-six, and so much off' the south end of the east half of the southwest quarter of section twenty- live, township fifty-eight north, of range six west, as 458 MISSOURI. together will (with the said west half and said strip) make said quan- tity of one hundred and twenty-nine acres andfifty-eightone-hnndredths of an acre, and that a patent be issued therefor to the said Charles Lucas, or his legal representatives, upon the receipt of a plat and survey of the same, executed by the proper officer, which said patent shall have the same force and effect as if the said certificate number two hundred and thirteen had issued for said quantity hereby confirmed. John T. Kedd SEC. 2. And be it further enacted, That John T. Redd, for himself and permitted to en- those claiming title derived from him, be and he is hereby permitted to La r MissoS en . ter with the register and receiver of the proper land office, at the price of one dollar and twenty -five cents per acre, all the rest and resi- due of said east half of the southwest quarter of section twenty-five, in township fifty-eight north, of range six west, included in the location under said certificate number two hundred and thirteen, and not in- cluded in the said one hundred and twenty-nine acres and fifty-eight one-hundredths of an acre, so as aforesaid confirmed. March 3, 1857. W. 1100. AX ACT for the relief of Martin Fenwick. Vol. 11, p. 511. Be it en a cted} g. Ci That Martin Fenwick be and he is hereby confirmed Martin Fen- in his claim to five hundred arpens of land, situated on the west bank wick confirmed o f the Mississippi River, in the State of Missouri, and described as fol- m^certarnla n lowg) to ^ . Fractional sections five and six, lying north of the private land claim surveyed to George A. Hamilton, number one thousand two hundred and forty-four, in township thirty-four : the southeast frac- tional quarter and the northwest fractional quarter of fractional section thirty-one, and fractional secrion thirty-two, in township thirty-five, all of range fourteen east, of the lands subject to sale at Jackson, Mis- souri, and containing in the aggregate four hundred and twenty-five acres and forty six hundredths of an acre. Authorized to SEC. '2 And be H further enacted, That said Martin Fenwick shall have ? nt | cert< H n land the exclusive right, within one year from the passage of this act, to enter at the minimum price of public lands, subject to private sale, the southwest quarter, and the fractional northeast quarter of fractional section thirty-one, township thirty-five north, of range fourteen east, of the lands subject to sale at Jackson, Missouri. Said lands to SEC. 3. And be it further enacted, That the lands hereby confirmed, embrace said together with the lands authorized to be entered, are intended to em- n ' brace the claims of Martin Fenwick, as reserved on the plats of the land office at Jackson, Missouri, on the twenty -seventh day of January, eighteen hundred and twenty-four, deducting therefrom any part there- of that may have been sold by the United States prior to the passage of this act. Pa tent to issue. SEC. 4. And be it further enacted, That the Commissioner of the Gen- To operate on i y eral Land Office shall cause a patent to be issued to the said Martin as a relinquish- Fenwick for the lands hereby confirmed : Provided, That such patent mentof title. shall only operate as a relinquishment of title on the part of the United States, and shall not affect the rights of any third person. May 24, 1858. 3fo. 1 1 Ot . AN ACT for the relief of Regis Tx>isel, or his legal representatives. Be it enacted, if-c., That the said Regis Loisel, or his legal represeuta- Claim of Regis tives, be, and they are hereby, confirmed in their title to a certain tract confirmed of laud Ceded b y Dou Carlos Dehault Delassus, Spanish governor of upper Louisiana, on the twenty-fifth day of March, anno Domini eight- een hundred, to Regis Loisel, situate in what was then known as Upper Louisiana, on the Missouri River, including Cedar Island, as the same was surveyed on the twentieth November, anno Domini eighteen hun- dred and five, by Antonio Soulard, surveyor-general for the Territory of Louisiana, according to the plat now on tile in the archives of the If said land is Missouri District. But it is pro\ ided that if said tract of Jand, continued located by others, as aforesaid, or any part thereof, has been located by any other person cate or Persons, under any law of the United States, or has been surveyed and sold by the United States, this act shall confer no title to such lands in opposition to the rights acquired by such location or purchase; but the .said Loisel, or his legal representatives, shall be permitted to make a relocation on an equal amount of the public lauds as may be MISSOURI. 459 taken by such location or purchase, that may be subject to entry at private sale, at a price not to exceed ore dollar and twenty-five cents per acre ; and the surveyor-general for the district of Missouri shall issue a certificate to authorize the same. SEC. 2. And be it further enacted, That the location authorized by this act shall be entered with the register of the proper land office, who shall, on application for that purpose, make out a certificate of such lo- Certificate of cation as in other cases ; and if it shall appear to the Commissioner of location and pat- the General Land Office that said certificate has been obtained accord- entt ing to the provisions of this act, then patents shall issue' as in other cases : And it is further provided. That if it shall be found that said tract of land, confirmed as aforesaid, has not been located by any other person or persons, or has not been sold by the United States as afore- said, that, in that case, a patent shall be issued for the same as in other No. 1102 AN ACT to provide for the location of certain confirmed private land June 2, 1858. claims in the State of Missouri, and for other purposes. Vol. 11, p. 294. Be it enacted, #c., That the decisions in favor of certain land claim- Decisions of ants herein made by the recorder of land titles in the State of Missouri recorder, &c., as and the two commissioners associated with him, by virtue of an act en- to certain private titled u An act for the final adjustment of private land claims in Mis-^^ 1 ^ 8 ^ souri," approved July nine, eighteen hundred and thirty-two, and an act firmed, supplemental thereto, approved second March, eighteen hundred and thirty- three, as entered in the transcript of decisions transmitted by the said recorder and commissioners to the Commissioner of the General Land Office, which said claims are named and numbered as follows : Manuel de Liza, number thirty-three ; John Copntz and Heinpstead, number forty-four; Matthew Saucier, number fifty-seven; Charles Tayon, number sixty-seven; the sons of Joseph M. Pepin, number sev- enty-four ; Louis Lorimer, number eighty-^even ; Bartholomew Cousin, number eighty-nine ; Manuel Gonzales Moro, number ninety-five ; Sen- eca Rawlins, number one hundred and four ; William L. Long, number one hundred and six ; Joachim Liza, number one hundred and thirty- three; Francis Lacombe, number thirty- four; Israel Dodge, number three hundred and thirty-eight ; Joseph Silvain, number two hundred and ninety- three ; John P. Cabanis, number two hundred and ninety- eight; William Hartley, number three hundred and one ; Andrew Che- valier, number two hundred and ninety-two ; William Morrison, num- ber three hundred and seven ; Solomon Belle w, number three hundred and eight ; Paschal Detchemendez, number three hundred and nine ; Baptiste Amure, number three hundred and ten ; Alexander Maurice, number three hundred and twenty-three ; John Baptiste Vallee, num- ber three hundred and thirty-four ; said decisions above named being in the first plass of claims, acted upon by said board ; also the claim of Regis Loisel, number six, in the second class, acted on by said board, be, and the same are hereby, confirmed to the respective claimants or their legal representatives. SEC. 2. And be it further enacted, That the decisions in favor of land Decisions in claimants made by P. Grimes, Joshua Lewis, and Thomas B. Robertson, favor of other commissioners appointed to adjust private land claims in the eastern ^ a * s C0] district of the Territory of Orleans, communicated to the House of Rep- resentatives by the Secretary of the Treasury, on the ninth day of Jan- uary, one thousand eight hundred and twelve, and which is [are] found in the American State Papers, Public Lands, (Duff Green's edition, ) volume two, from page two hundred and twenty-four to three hundred and sixty-seven, inclusive, be, and the same are hereby, confirmed, saving and reserving, however, to all adverse claimants the right to assert the validity of their claims in a court or courts of justice: Pro- Proviso. vided, howevtr, That any claim so recommended for confirmation, but which may have been rejected, in whole or in part, by any subsequent board of commissioners, be, and the same is hereby, specially excepted from confirmation, (a) SEC. 3. And be it further enacted, That the locations authorized by the Locations to be preceding section shall be entered with the register of the proper land entered with reg- office, who shall, on application for that purpose, make out for such ister, & c . claimant, or his legal representatives, (as the case may be,) a certificate of location, which shall be transmitted to the Commissioner of the Gen- eral Laud Office ; and if it shall appear to the satisfaction of the said 460 MISSOURI. If Commission- Commissioner that said certificate has been fairly obtained, according Land ^OfficVfe to tae true intent an(1 meaning of this act, then, and in that case, pat- satisfied, patents en t s saa ll De issued for the land so located as in other cases ; and for shall issue. each and every certificate as aforesaid, issued by the register of any land Register's fee. office, he shall receive the sum of one dollar; that in all cases of con- land ^claina^lias nrma *^ on DV *^^ s ac ^ ar wn ere any private land claim has been con- not been a iocate u P on the location of such certificate, shall issue to the person issue. entitled thereto a certificate of entry, upon which, if it shall appear to the satisfaction of the Commissioner of the General Land Office that such certificate has been fairly obtained, according to the true intent and meaning of this act, a patent shall issue as in other cases. (6) (a) See Xos. 722, 728, 957, 967, 972, 973. 974, 976, 980, 988, 998, 1002, 1007, 1020, 1024, 1041, 1063, 1067, 1104, 1106, 1107, 1124, 1139, 1143. (6) See Xos. 957, 998, 1041, 1106, 1107. Feb. 28, 1859. No. 1103. AX ACT giving the assent of Congress to a law of the Missouri legis- Vol.11, p. 888. lature for the application of the reserved two per cent, land fund of said State. Assent of Con- Be it enacted, and tnat tae proper accounting officers of the Government are hereby authorized and required to audit and pay the accounts for the same, as in the case of the three per centum land fund of said State, (a) (a) See Xos. 989, 993, 1015. March 3, 1859. No. 11O4 A RESOLUTION in relation to the second section of the act of Con- Vol. 11, p. 442. gress entitled "An act to provide for the location of certain confirmed private land ! chums in the State of Missouri and for other purposes." Operation of Resolved, $-c., That the second section of the act of Congress, entitled act of 1858, con- "An act to provide for the location of certain confirmed private land cerning certain claims in the State of Missouri and for other purposes," approved June claims^in Mis- 8econ ^) eighteen hundred and fifty-eight, is hereby so suspended in its souri, inpartsus- operation and effect until the end of the Thirty-sixth Congress, as that pended. no patent or patents shall be issued, nor shall any action be had by the executive branch or department of the Government, or any officer or agent thereof, under or by virtue of said section, (a) (a) See Xos. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 998, 1002, 1007, 1020, 1024, 1041, 1063, 1067, 1102, 1106, 1107, 1124, 1139, 1143. June 1 1860 No. 11 05. AN ACT to grant the right of preemption to a certain tract of land, in Vol 12 p 844 the State of Missouri, to the heirs and legal representatives of Thomas Maddin, de- ' '. ceased. Heirs, &c. of e it enacted, <$c., That the heirs and legal representatives of Thomas to enter IsertaiS Maddin, deceased, late of the State of Missouri, be, and they are hereby, land in Missouri, authorized to enter and purchase, at the price of one dollar and twenty- five cents per acre, a tract of land COD taming eight hundred arpents, or six hundred and eighty acres and fifty-six hundredths, surveyed for the said Thomas Madden, in his own right, as per patent certificate of sur- MISSOURI. 461 vey number eighteen hundred and thirty-one, reported to the General Land Office by Surveyor -General Langham as having been surveyed on the sixteenth day of March, eighteen hundred and eighteen, and situ- ated on the waters of Joachim Creek, in township forty-one north, of range five east, of the fifth principal meridian, in the county of Jeffer- son and State of Missouri. SEC. 2. And be it further enacted, That the Commissioner of the Gen- Patents to issue eral Land Office be, and he is hereby, authorized and directed, upon the therefor, entry and payment aforesaid, to cause a patent, in due form of law, to be issued to the said heirs and legal representatives of the said Thomas Maddin, deceased, in conformity with the description given in patent certificate number ninety -two, as issued by Frederick Bates, then re- corder in the office of "recorder of land titles" in Saint Louis, in the said State of Missouri, bearing date, at his said office, the first day of November, eighteen hundred and twenty-two, in which said certificate reference is made to the said tract of land, as having been confirmed to the said Thomas Madden, pursuant to the acts of Congress respecting claims to lands in the Territories of Orleans and Louisiana, and the Ter- ritory of Missouri, and as having been regularly surveyed on the six- teenth day of March, eighteen hundred and eighteen, and designated on the connected plat of United States surveys, in the United States sur- veyor-general's office at Saint Louis, Missouri, as number eighteen hun- dred and thirty-one, and in which said patent certificate number ninety- two it is certified that the said Thomas Maddin is entitled to receive a patent for the said tract of land, according to the said patent certificate of survey, as aforesaid, number eighteen hundred and thirty- one : Pro- vided, however, That the right of preemption and purchase herein granted shall cease at the end of two years from the date of the passage of this act, and that the right and title of the United States in and to said land shall not be affected nor impaired by virtue of any of the provisions of this act in the event of the failure of the said heirs and legal represent- atives of Thomas Maddin to avail themselves of said right of preemp- tion and purchase within the said period of two years. No . 11 06. AN ACT to confirm certain private land claims in the State of Missouri. June 21, 1860. Be it enacted, <$-c., That the decisions in favor of certain claimants >p ' hereinafter mentioned, made by the recorder of land titles in the State Certain private of Missouri, and the two commissioners associated with him, by virtue J"? d claims in of an act entitled "An act for the final adjustment of private land^. m s e ^ ou claims in Missouri," approved July nine, eighteen hundred and thirty- two, and an act supplementary thereto, approved March two, eighteen hundred and thirty-three, as entered in the transcript of decisions trans- mitted by the recorder and commissioners to the Commissioner of the General Land Office, which decisions are named and numbered as fol- lows, to wit : Israel Dodge, number two hundred and eighty-eight ; Walter Fenwick, number three hundred and thirty-nine ; and Mackey Wherry, number eighty-six; said claims having been by said board reported in the first class, and recommended for confirmation, be, and the same are hereby, confirmed to the respective claimants aforesaid, or their legal representatives, to the extent recommended by said recorder of land titles and commissioners, that is, to Israel Dodge, or his legal representatives, seven thousand and fifty-six arpens ; to Walker Fen- wick, or his legal representatives, ten thousand arpens; and to Mackey Wherry, or his legal representatives, sixteen hundred arpens. (a) SEC. 2. And be it further enacted, That, in case either of the claims Provision in confirmed by this act, or any part thereof, has not been located or sur- case claims have veyed, or cannot be located or satisfied, either for want of a specific ' location prior to this confirmation, or because the land upon which the same is located has been otherwise disposed of by the General Govern- ment, it shall be the duty of the surveyor-general of the district, upon proof satisfactory to him that such claim has been confirmed, and that the same, in whole or in part, has not and cannot be satisfied for the reasons aforesaid, or from any cause, to issue to the claimants, or their legal representatives, a certificate of location for a quantity of land equal to that so confirmed and unsatisfied, which certificate may be located upon any of the public lands of the United States subject to sale at private entry, at a price not exceeding one dollar and twenty-five cents per acre : Provided, That such location shall conform to the legal divisions and subdivisions as provided by law. 4G- MISSOURI. Certificate of SEC. 3. And be it further enacted, That the register of the proper land entry to issue, o ff ce> upon the location of such certificate, shall issue to the person entitled thereto a certificate of entry ; upon which, if it shall appear to the satisfaction of the Commissioner of the General Land Office that such certificate has been fairly obtained, a patent shall issue as in other cases. (6) (a) See Xos. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 998, 1002, 1007, 1020. 1024, 1041, 1063, 1067, 1102, 1104, 1107, 1124, 1139, 1143. (6) See Nos. 957, 998, 1041, 1102, 1107. June 22, 1860. NO. 1 1O7.-AX ACT for the final adjustment of private land claims in the States VoL 12, p. 85. of Florida, Louisiana, and Missouri, and for other purposes. [See LOUISIANA, No. 957.] Feb. 5, 1861. N. 1108. AX ACT for the benefit of Gabriel J. Johnston. Be it enacted, $c. That the entry made by Gabriel J. Johnston, of Land entry of Jefferson County, Missouri, on the second day of November, eighteen stem Confirmed nun dred an( i twenty-nine, of the northeast quarter of section number eleven, in township number forty-one north, of range number four east, in the district of lands subject to sale at Saint Louis, Missouri, be, and the same is hereby, confirmed and declared valid, notwithstanding said tract of land was at the time of entry reserved from sale as min- eral lands. And the Commissioner of the General Land Office is here- by authorized and required to issue to said Gabriel J. Johnston a patent for said tract, as in ordinary cases of the entry of public lands subject to sale at private entry. Title of the SEC. 2. And be it further enacted, That this act shall not be construed 68 on ' to interfere with any existing rights of third persons, but shall only operate as a relinquish ment of the title of the United States. March 2, 1861. No. 1109. AX ACT to remove the United States arsenal from the city of Saint Vol. 12, p. 208. Louis, and to provide for the sale of the lands on which the same is located. United States Be it enacted, $-c., That the Secretary of War be, and he is hereby, arsenal to be re- authorized and required to proceed at once to have the grounds now rom St. uged for tne purposes of an arsenal, in the city of Saint Louis, laid off Lands to be ^ n ^ blocks, according to the present plan of that portion of the city, sold. and to have the same subdivided into lots of a convenient size, for building purposes, and subject the western unoccupied portion of the same to sale to the highest bidder, at public vendue, on such terms as to him may seem most advantageous, first giving sixty days' notice by advertisement in at least three newspapers, published in the city of Saint Louis, of the time, place, and terms of sale, with a description of Proceeds, how the property to be sold ; the proceeds of such sale to be applied to the applied. erection at Jefferson Barracks, in the State of Missouri, of suitable buildings for containing all the tools, implements, machinery, arms, and materials now at said Saint Louis arsenal. Arsenal, &c., SEC. 2. And- be it further enacted, That the Secretary of War be, and to be transferred hereby is, authorized, as soon as the buildings above provided for shall to Jefferson Bar- be in Tea ai ne8 s for that purpose, to cause the business heretofore carried on at said Saint Louis arsenal to be transferred to the military reserva- tion known as "Jefferson Barracks," in the county of Saint Louis, and State of Missouri, and also to cause all the tools, implements, machinery, arms, and materials now at said arsenal to be removed to said reserva- tion. Residue of SEC. 3. And be it further enacted, That, as soon as possible after the lands in St. Louis removal of the arsenal from Saint Louis to Jefferson Barracks, the Sec- retary of War shall sell, in the manner directed in the first section of this act, all the residue of the grounds attached to the said Saint Louis arsenal, and the buildings thereupon ; the proceeds of such sale shall be paid into the United States Treasury, (a) (a) See Nos. 1128, 1129. MISSOURI. 463 JVo. 1.1 10. AN ACT legalizing certain entries of lands on Leavenworth Island, March 2, 1861. in the State of Missouri. Yol. 12, p. 209. Be it enacted, #c., That all preemption entries heretofore made in good Certain entries faith at the laud office at Kickapoo, in the Delaware land district, Kan- of land in Mis- sas Territory, of lauds embraced within the island opposite Leaven worth ^jn City, known as Leavenworth Island, in the State of Missouri, be, and the' same are hereby, declared valid, in the same manner as if made in the proper land district of the State of Missouri : Provided, Such entries shall be found by the Secretary of the Interior, in all other respects, to be in accordance with the preemption law. (a) (a) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1096, 1115, 1120, 1121, 1135. IVo. 1111. JOINT RESOLUTION in relation to certain railroads in the State of March 6, 1862. Missouri. Vol. 12, p. 614. Whereas by the fourth section of an act of Congress entitled "An act Pay to certain granting the right of way to the State of Missouri, and a portion of the railroads in Mis- ublic lands to aid in the construction of certain railroads in sai State," approved June the tenth, eighteen hundred and fifty-two, it ist ro0 p S) > provided as follows : " That the said lands, hereby granted to the said State, shall be subject to the disposal of the legislature thereof, for the purposes aforesaid and no other ; and the said railroads shall be and remain public highways for the use of the Government of the United States, free from toll or other charge upon the transportation of any property or troops of the United States ; " and whereas the said grant of lands has, by virtue of said act, and of an act of the legislature of the State of Missouri, been applied in the construction of the Hannibal and Saint Joseph Railroad, constructed and owned by the Hannibal and Saint Joseph Railroad Company, and the Pacific Railroad by the Pacific Railroad Company, which last-mentioned road is finished and running from Sb. Louis to Rolla; and whereas the ability of said railroad com- panies to transport the property and troops of the-United States over their respective railroads has been greatly impaired by the destruction of bridges, depots, and other property of said companies, and the partial destruction of said roads, and in view of the pressing public necessities, the United States, not waiving the right to have their property and troops transported free from toll or other charge by said railroads, as contemplated by the reservation aforesaid, have resolved as follows : Therefore be it Resolved, #c., That the Secretary of War is hereby authorized to make such an adjustment with the Hannibal and Saint Joseph Railroad Com- pany and the Pacific Railroad Company, for the transportation, past and prospective, of the property and trbops of the United States, over said railroads during the existence of this rebellion, as in view of the public exigency may be just and reasonable, and liquidate the same: p ay not to ex- Provided, however, That the sums paid to said companies shall be as ceed, &c. near as may be the cost of transporting such property and troops, and not exceeding the prices fixed by the War Department on the twelfth day of July, eighteen hundred and sixty- one, for transporta- tion by railroads, which adjustment and liquidation shall preclude any further claim on behalf of such companies against the Government for compensation or damages previously accrued, or for the military occupation of the said roads by the United States Government up to Part may be the time of the passage of this act : And provided further, That the withheld. Secretary of War may, in his discretion, withhold from time to time such portion of the moneys which may be due to either of said railroad companies, to indemnify the Government against any failure of such company to promptly transport such troops and supplies ; but nothing herein shall be so construed as to prevent the Secretary of War from Railroads may taking possession of said railroads and their appurtenances, and apply- g?^J en P saes ' ing the same to the exclusive use of the Government whenever, in his judgment, the public interests may require it, without, in such case, compensation to said companies, (a) (a) SeeNos. 1083, 1086, 1088, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 1152. 464 MISSOURI. June 5, 1862. No. 1 112. AN ACT supplemental to "An act granting the right of way to the Vol. 12, p. 422. State of Missouri, and a portion of the public lands to aid in the construction of certain railroads in said State," approved June tenth, eighteen hundred and fifty- two. Time for com- Be it enacted. $c., That the time required by the act to which this is sup- extl 1 nded for r tenP lementa !' for tne com P letion of the road therein described, " from the years. c i* v f Saint Louis to such point on the western boundary of said State as may be designated by the authority of said State," as well as the time of reversion to the United States of the lands thereby granted to the State of Missouri for the use of said road, is hereby extended for ten years from the tenth day of June, eighteen hundred and sixty-two : If not com- Provided, That in case said company fail to complete said road within pleted within the time as thus extended, the said lands shall then revert to the United ^ 68 '^) (a) See Nos. 1083, 1086, 1088, 1111, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, July 1, 1862. No. 1113 AN ACT to aid in the construction of a railroad and telegraph linefrom Vol. 12, p. 489. the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes. [See NEBRASKA, No. 2092.] June 15, 1864. No. Ill 4. AX ACT concerning certain school lands in township forty-five north r Vol. 13, p. 132. range seven east, in the State of Missouri. Certain school # it enacted, #c., That all of the right, title, and interest of the United lands granted to States in and to all of the lots, tracts, pieces, and parcels of land within Missouri. the Grand Prairie common-field, in township forty-five north of the base line, in range seven east of the fifth principal meridian line in the State of Missouri, which have not heretofore been disposed of by the United States, shall be, and the same are hereby, granted, relin- quished, and conveyed by the United States, in fee-simple and in full property, to the State of Missouri, for the support of schools in said township: Provided, That nothing in this act shall in any manner abridge, divest, impair, injure, or prejudice any adverse right, title, or Adverse rights interest of any person or persons in or to any portion or part of the not affected. aforesaid lots, tracts, pieces, or parcels of land which are granted, re- linquished, or conveyed by this act. (a) (a) See Nos. 972, 988, 989, 995, 1013, 1016, 1093, 1142, 1145. June 20, 1864. No. 1115. AN ACT to confirm certain entries of land in the State of Missouri. Be it enacted, full, sufficient, and complete release, grant, relinquishment, and con- veyance, in fee-simple and in full property, to such petitioner, and to his or her heirs and assigns, forever, of all the right, title, and interest of the United States in and to the land described in such decree. SEC. 6. And be it further enacted, That whenever said district court or Transcript of the circuit court shall render a final decree under this act, concern ing ? oa \ ) e eC 8 ent & to any lot, tract, piece or parcel of land, such court shall cause to be trans- commissioner of mitted to the Commissioner of the General Land Office a full, true, and General Land Of- complete transcript of said final decree, and of the description or sur- flee, vey of said land. SEC. 7. And be it further enacted, That any party to any final decree Appeal to cir- rendered by said district court in any suit or cause commenced under cui t court within this act may appeal from said final decree of said district court to the one year ' circuit court of the United States for the district of Missouri, at any time within one year from the time of the rendition of said final decree, and not after that time ; and on the granting of said appeal, a full, true, and complete transcript of said final decree, and of the petition, Transcript of and all other pleadings and proceedings in said cause, and of the evi- pe lon ' &c - dence therein, shall be transmitted to said circuit court. And when said appeal shall have been completed, said circuit court shall have full 468 MISSOURI. Jurisdiction of and complete jurisdiction over said cause, and may allow the pleadings circuit court. ^ o ^ e amended if necessary, and may admit new parties if necessary, Xew-'partiea. * n< i sna ^ bear, try, and determine said cause do novo, without regard- ing any error, defect, or other imperfection in the proceedings of said Decree district court, and shall render such final decree therein as the facts and the justice of said cause may require. Question may SEC. 8. And be It further enacted, That in case of any difference of be certified to Su- opinion between the judges of the said circuit court upon any question United S ia'tea a " 8 i n S i Q any such cause, the same maybe certified to the Supreme when &.c ' Court of the United States, for its decision thereon as in other cases, (a) Title o'f the SEC. 9. And be it further enacted, That all of the right, title, and in- United States in terest of the United States in and to all of the wharves, streets, lanes, &ciL e st Louis! avenues, alleys, and other public thoroughfares which are situate, conveyed to the lying, and being within the corporate limits of the city of St. Louis, in city. the State of Missouri, shall be, and the same are hereby, granted, re- linquished, and conveyed by the United States, in fee-simple and in full property, to the said city of St. Louis, and to the successors and Proviso. assigns forever of said city : Provided, however, That no individual rights or titles acquired previously hereto shall be in any manner im- paired or prejudiced hereby. (a) See Nos. 972, 999, 1016, 1143. July 4. 1866. No. 1120 AX ACT making a grant of lands in alternate sections to aid in the con- Vol. 14, p. 83. strur.tion and extension of the Iron Mountain Railroad, from Pilot Knob, in the State of Missouri, to Helena, in Arkansas. Lands granted Be it enacted, e it further enacted, That the right of way through the granted through public lands be, and the same is hereby, granted to the said Atlantic public lands for an( j Pacific Railroad Company, its successors and assigns, for the con- raFlrcuufand tele structionof a railroad and telegraph as proposed ; and the right, power, graph. and authority is hereby given to said corporation to take from the pnb- Materiqls for lie lands .adjacent to the line of said road material of earth, stone, tim- coustruction. \ yeT) an( j 8O f or th, for the construction thereof. Said way is granted to of nr ?he co^truc- si g ns > for tb ; e purpose of aiding in the construction of said railroad and tion of railroad telegraph line to the Pacific coast, and to secure the safe and speedy and telegraph, transportation of the mails, troops, munitions of war, and public stores, over the route of said line of railway and its branches, every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said rail- road line, as said company may adopt, through the Territories of the United States, and ten alternate sections of land per mile on each side \>f said railroad whenever it passes through any State, and whenever, jn the line thereof, the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from pre-emption or other claims or rights, at tte time the line of said road is designated by a plat thereof, filed in the office of the Commissioner of the General Land If any of grant- office ; and whenever, prior to said time, any of said sections or parts beeiisold o*re^ of sections shall have been granted, sold, reserved, occupied by home- served, &c., other stead settlers, or pre-empted, or otherwise disposed of, other lands shall lands inay be se- be selected by said company in lieu thereof, under the direction of the lee ted in lieu Secretary of the Interior, in alternate sections, and designated by odd numbers, not more than ten miles beyond the limits of said alternate If route is sections, and not including the reserved numbers : Provided, That if said found to be upon route shall be found upon the line of any other railroad route, to aid in the line of any tlje con8 tructioii of which lauds have been heretofore granted by the which lands have Un^d States, as far as the routes are upon the same general line, the bcea granted, amount of land heretofore granted shall be deducted from the amount amount of former g ran ted by this act: Provided further, That the railroad company re- grant to be ae- ce i v i n g tue p rev i ous grant of land may assign their interest to said "Atlantic and Pacific Railroad Company," or may consolidate, confede- Boad having rate> an( j associate with said company upon the terms named in the first maya^l-n to "r smd seventeenth sections of this act:' Provided further, That all mineral unite wilh. this lauds be, and the same are hereby, excluded from the operations of this company. ac t, and in lieu thereof a like quantity of unoccupied and uuappropri- MISSOURI. 473 ated agricultural lands in odd-numbered sections nearest to the line of Mineral lands said road, and within twenty miles thereof, may be selected as above exclu( l e<1 ^. r( ? m provided : And provided further, That the word "mineral," when it oc- 2 ra <3urs in this act, shall not be held to include iron or coal: And provided The word further, That no money shall be drawn from the Treasury of the United "mineral" not to States to aid in the construction of the said "Atlantic and Pacific Rail- i ^ 1 ] "'' le " iron or , coal. SEC. 4. And ~be it further enacted, That whenever said Atlantic and drawn from Pacific Railroad Company shall have twenty-five consecutive miles of Treasury to aid any portion of said railroad and telegraph line ready for the service L?^^ 0118 ^^ 011 contemplated, the President of the United States shall appoint three Uponreport of commissioners to examine the same, who shall be paid a reasonable cominissi oners compensation for their services by the company, to be determined by under oath that the Secretary of the Interior; and if it shall appear that twenty- five * w c "^- l consecutive miles of said road and telegraph line have been completed ar" ^ in a good, substantial and workmanlike manner, as in all other respects patents lor co- required by this act, the commissioners shall so report under oath, to terminoua lands the President of the United States, and patents of lands, as aforesaid, ~J Mae to com ' shall be issued to said company, confirming to said company the right >- and title to said lands situated opposite to and coterminous with said completed section of said road. And from time to time, whenever And so as to twenty-five additional consecutive miles shall have been constructed, an y. other twen- completed, and in readiness a* aforesaid, and verified by said commis- ifveT^ii^ n8eCU " sioners to the President of the United Sta'tes, then patents shall be issued to said company conveying the additional sections of land as afore- said, and so on as fast as every twenty five miles of said road is com- pleted as aforesaid. SEC. 5. And be it further enacted, That said Atlantic and Pacific Rail- Railroad how road shall be constructed in a substantial and workmanlike manner, to be constructed. with all the necessary draws, culverts, bridges, viaducts, crossings, turn-outs, stations, aud watering-places, and all other appurtenances, including furniture and rolling stock, equal in all respects to railroads of the first class when prepared for business, with rails of the best qual- Rails. ity, manufactured from American iron. And a uniform gauge shall be Gauge. established throughout the entire length of the road. And there shall be constructed a telegraph line, of the most substantial and approved Telegraph line. description, to be operated along the entire line : Provided, That the said Rates for serv- company shall not charge the Government higher rates than they do ice. individuals for like transportation and telegraphic service. Anditshall Other railroads be the duty of the Atlantic and Pacific Railroad Company to permit any may form run- other railroad which shall be authorized to be built by the United ^"g connections States, or by the legislature of any Territory or State in which the same may be situated, to form running connections with it, on fair and equit- able terms, (a) SEC. 6. And be it further enacted, That the President of the United Lands on hoth States shall cause the lands to be surveyed for forty miles in width on sides * n . ne f both sides of the entire line of said road after the general route shall r01 be fixed, and as fast as may be required by the construction of said railroad, (6) and the odd sections of land hereby granted shall not be Odd sections liable to sale or entry, or pre-emption, before or after they are surveyed, not liable to sale, r except by said company, as provided in this act ; t but the provisions of empSoiJ' r the act of September, eighteen hundred and forty-one, granting pre- Provisions of eniption rights, and the acts amendatory thereof, and of the act enti- pre-emption and tied "An act to secure homesteads to actual settlers on the public do- homestead acts main," approved May twenty, eighteen hundred and sixty-two, shall onliulofroaS be, and the same are hereby, extended to all other lands on the line of said road when surveyed, excepting those hereby granted to said com- pany. (c) SEC. 7. And be it further enacted, That the said Atlantic and Pacific Company may Eailroad Company be, and is hereby, authorized and empowered to enter t ke an y ! n d upon, purchase, take, and hold any lands or premises that may be nee- ^S^of roa d. essary and proper for the construction and working of said road, not widtS. exceeding in width one hundred feet on each side of the line of its rail- road, unless a greater width be required for the purpose of excavation or embankment ; and also any lands or premises that may be necessary Lands for sta- and proper for turn-outs, standing-places for cars, depots, station-houses, *tai &o- or any other structures required in the construction and working of said road. And the said company shall have the right to cut and re- move trees and other material that might, by falling, encumber its road-bed, though standing or being more than two hundred feet from 474 MISSOURI. Damages, how the line of said road. And in case the owner of such lands or premises to be determined. an( j ^ ne sa ift company cannot agree as to the value of the premises taken, or to be taken, for the use of said road, the value thereof shall be determined by the appraisal of three disinterested commissioners, who may be appointed upon application by either party to any court of record in any of the Territories in which the lands or premises to be taken lie; and said commissioners, in their assessment of damages, shall appraise such premises at what would have been the value thereof When lands are if the road had not been built. And upon return into court of such tt ^ e if eei th* a PP ra ^ semen t> and upon the payment into the same of the estimated company va l ue ^ the premises taken for the use and benefit of the owner there- of, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. Appeal to a And either party feeling aggrieved at said appraisement may, within thirty days after the same has been returned into court, file an appeal therefrom, and demand a jury of twelve men to estimate the damage sustained ; but such appeal shall not interfere with the rights of said company to enter upon the premises taken, or to do any act necessary Appellant to and proper in the construction of its road. And said party appealing give bonds. shall give bonds, with sufficient surety or sureties, for the payment of any cost that may arise upon such appeal ; and in case the party app* al- Costs. ing does not obtain a verdict more favorable, such party shall pay i he Payment into whole cost incurred by the appellee, as well as his own, and the pay- court of a snmment into court, for the use of the owner of said premises taken, at a equal to fl n a 1 8um equal to that finally awarded, shall be held to vest in said company &7leof Xnd 6 in tne title of 8aid land, and the right to use and occupy the same for the company. construction, maintenance, and operation of said road. And in case Proceeding s any of the lands to be taken as aforesaid shall be held by an infant,. where I a nd8f erume covert, non compos, insane person, or persons residing without persSnsunder the Territory within which the lands to be taken lie, or persons subjected disability. to any legal disability, the court may appoint a guardian, for any party under any disqualification, to appear in proper person, who shall give bonds, with sufficient surety or sureties, for the proper and faithful execution of his trust, and who may represent in court the person disqualified, as aforesaid, from appearing, when the same proceedings shall be had in reference to the appraisement of the premises to be taken for the use of said company, and with the same effect as has been already described ; and the title of the company to the lands taken by virtue of this act shall not be affected or impaired by reason of any Proceedings failure by any guardiau to discharge faithfully his trust. And in case where the in- any party shall have a right or claim to any land for a term of years, terestiii the land or an y interest therein, iii possession, reversion, or remainder, the value vearT &c of au y 8ucn estate le88 * nan a fee-simple, shall be estimated and deter- Where lands mined in the manner hereinbefore set forth. And in case it shall be are unoccupied necessary lor the company to enter upon any lands which are unoccu- ithout ap- pi e j ) am i o f which there is no apparent owner or claimant, it may pro- ceed to take and use the same for the purposes of said railroad, and may institute proceedings, in manner described, for the purpose of ascer- taining the value of, and of acquiring a title to, the same; but the judge of the court hearing said suit shall determine the kinds of notice to be served on such owner or owners, and he iuay in his discretion appoint an agent or guardian to represent such owner or owners in case of his or their incapacity or non-appearance. But in case no claimant shall appear within six years from the time of the opening of said road across any land, all claims to damages against said company shall be barred. Rights and SEC. 8. And be it further enacted, That each and every grant, right, privileges of this an( ^ privilege herein are so made and given to and accepted by said At- and ^ccep?e\ l a ntic and Pacific Railroad Company, upon and subject to the following upon conditions! conditions, namely : That the said company shall commence the work &c. on said road within two years from the approval of this act by the he W commenced- President ' an( ^ slia11 complete not less than fifty miles per year after and when com- * ne second year, and shall construct, equip, furnish, and complete the pleted. main line of the whole road by the fourth day of July, anno Domini eighteen hundred seventy-eight. If conditions SEC. 9. And be it further enacted, That the United States make the sev- are broken and eral conditional grants herein, and that the said Atlantic and Pacific continue so one R a i] roa< i Company accept the same, upon the further condition that if itaT^ may 'com the 8aid company make any breach of the conditions hereof, and allow plete the road, the same to continue for upwards of one year, then, in such case, at any MISSOURI. 475 time hereafter, the United States may do any and all acts and things which may be needful and necessary to insure a speedy completion of the said road. SEC. 10. And be it further enacted, That all people of the United States wh may Su1> shall have the right to subscribe to the stock of the Atlantic and Pa- scribe to stock, cific Railroad Company until the whole capital named in this act of incorporation is taken up by complying with the terms of subscription. SEC. 11. And be it farther enacted, That said Atlantic and Pacific Kaihoad to be Railroad, or any part thereof, shall be a post route and military road, a PJ>st route and subject to the use of the United States for postal, military, naval, and mi all other Government service, and also subject to such regulations as Charges for Congress may impose restricting the charges for such Government trans- traiTsporLtlon. 11 portatiou. SEC. 12. And be it further enacted, That the acceptance of the terms, Acceptance of conditions, and impositions of this act by the said Atlantic and Pacific J^se conditions Railroad Company shall be signified in writing under the corporate seal ^ in^wrUimr* of said company, duly executed pursuant to the direction of its board of an( j w itbin two directors first had and obtained, which acceptance shall be made within years. two years after the passage of this act, and not afterwards, and shall be deposited in the office of the Secretary of the Interior. SEC. 13. And be it further enacted, That the directors of said company Annual report, shall make and publish an annual report of their proceedings and ex- penditures, verified by the affidavits of the president and at least six of the directors, a copy of which shall be deposited in the office of said Secretary of the Interior, and they shall, from time to time, fix, deter- Kates of fare, mine, and regulate the fares, tolls, and charges to be received and paid tolls, &c. for transportation of persons and property on said road, or any part thereof. SEC. 14. And be it further enacted, That the directors chosen in pursu- President and ance of the first section of this act shall, so soon as may be after their vice-president, election, elect from their own number a president and vice-president; and said board of directors shall, from time to time, and so soon as may be after their election, choose a treasurer and secretary, who shall hold Treasurer and their offices at the will and pleasure of the board of directors. The treas- secretary. urer and secretary shall give such bonds, with such security as the said board from time to time may require. The secretary shall, before en- Bonds - teringupon his duty, be sworn to the faithful discharge thereof, and Secretary to be said oath shall be made a matter of record upon the books of said corpora- sworn, tion. No person shall be a director of said company unless he shall bo Wn 9 ma y not a stockholder, and qualified to vote for directors at the election at which a director - he shall be chosen. SEC. 15. And be it further enacted, That the president, vice-president, Term of office and directors shall hold their offices for the period indicated in the by-**pw*tdent,vlce- laws of said company, not exceeding three years, respectively, and until KJSis ( others are chosen in their place, and qualified. In case it shall so hap- pen that an election of directors shall not be made on any day appointed not eKed 8 em by the by-laws of said company, the corporation shall not for that ex- day appointed by cuse be deemed to be dissolved, but such election may be holden on by-laws. any day which shall be appointed by the directors. The directors, of Powers of di- whom seven, including the president, shall be a quorum for the trans- re Q UO ru m . action of business, shall have full power to make and prescribe such by- By-laws! laws, rules and regulations as they shall deem needful and proper touch- ing the disposition and mauagenient of the stock, property, estate, and effects of the company, the transfer of shares, the duties and conduct of their officers and servants touching the election and meeting of the directors, and all matters whatsoever which may appertain to the con- cerns of said company ; and the said board of directors may have full Vacancies, power to fill any vacancy or vacancies that may occur irom any cause or causes from time to time in their said board. And the said board of Engineers, directors shall have power to appoint such engineers, agents, and sub- agents, &c. ordiuates as may from time to time be necessary to carry into effect the object of the company, and to do all acts and things touching the loca- tion and construction of said road. SEC. 16. And be it further enacted, That it shall be lawful for the di- Ten per cent, rectors of said company to require payment of the sum of ten per of auto centum cash assessment upon all subscriptions received of all subscri- cash bers, and the balance thereof at such times and in such proportions and Balance, when on such conditions as they shall deem to be necessary to complete the to be paid, said road and telegraph lines within the time in this act prescribed. 476 MISSOURI. Xotice when Sixty days' previous notice shall be given of the payments required, payments are andof the time and place of payment, by publishing a notice once a If stockholders w eek in one daily newspaper in each of the cities of Boston, New York, neglect to pay, Cincinnati, Saint Louis, Memphis, and Nashville, and in case any stock- stock and pre- holder shall neglect or refuse to pay, in pursuance of such notice, the ft?% *| ayments stock held by such person shall be forfeited absolutely to the use of the company, and also any payment or payments that shall have been made Redemption. on account thereof, subject to the condition that the board of directors may allow the redemption on such terms as they may prescribe. Company may SEC. 17. And be it further enacted, That the said company is authorized accept and hold to accept to its own use any grant, donation, loan, power, franchise, any j? rant ' loan ' aid, or assistance which may be granted to or conferred on said com- pany by the Congress of the United States, by the legislature of any State, or by any corporation, person, or persons, or by any Indian tribe or nation through whose reservation the road herein provided for may Grant from any pass; and said corporation is authorized to hold and enjoy any such Indian tribe to grant, donation, loan, power, franchise, aid, or assistance, to its own approval of the use > for the P nr P ose aforesaid : Provided, That any such grant or dona- President of the tion, power, aid, or assistance from any Indian tribe or nation shall be United States, subject to the approval of the President of the United States. Southern Paci- SEC. 18. And be itfurllier enacted, That the Southern Pacific Railroad, fie Railroad Com- a company incorporated under the laws of the State of California, is Sect"wSftheAt- uerebv authorized to connect with the said Atlantic and Pacific Rail- lantic and Pacific road, formed under this act, at such point, near the boundary line road. of the State of California, as thfey shall deem most suitable for a rail- Point of con- road line to San Francisco, and shall have a uniform gauge and rate of nection. freight or fare with said road ; and in consideration thereof, to aid in Gauge and rates it8 construction, shall have similar grants of land, subject to all the conditions and limitations herein provided, and shall be required to , ila^ ay rants 8 "of con8truct * te road on tne l ike regulations, as to time and manner, with land on like * ne Atlantic and Pacific Railroad herein provided for. terms. SEC. 19. And be it further enacted, That unless the said Atlantic and Pacific Railroad Company shall obtain bona-fide subscriptions to the This act to be stock of said company to the amount of one million of dollars, with ten void, unless, &c. per cen tuni paid, within two years after the passage of and approval of this act, it shall be null and void. At al SEC. 20. And be it further enacted, That the better to accomplish the -V object of this act, namely, to promote the public interest and welfare tcrcU. Of IcUcl- * ./ - . *i -C, , * * 11. 11 ed. by the construction of said railroad and telegraph line, and keeping the same in working order, and to secure to the Government at all times, but particularly in time of war, the use and benefits of the same for postal, military, and other purposes, Congress may, at any time, having due regard for the rights of said Atlantic and Pacific Railroad Company, add to, alter, amend or repeal this act. When in grants ^EC. 2i> ^ ntl ^ e ^ f uri ^^ r enacted, That whenever in any grant of land to corporations or other subsidies, made or hereafter to be made, to railroads or other the United States corporations, the United States has reserved the right, or shall reserve reserves the j^ to appoint directors, engineers, commissioners or other agents to ex- dfrec t o a rTor amine said roads, or act in conjunction with other officers of said corn- agents, &c.,' all pany or companies, all the costs, charges, and pay of said directors, costs, 'pay, &c., engineers, commissioners, or agents, shall be paid by the respective com- of such persons panics. Said directors, engineers, commissioners,* or agents shall be b? the corpora? P aid for 8aid services the sum of ten dollars per day, for each and every Hems. day actually and necessarily employed, and ten cents per mile for each Rate of pay to and every mile actually and necessarily travelled, in discharging the duties such persons. required of them, which per diem and mileage shall be in full compen- ' inake 8a tion for said services. And in case any company shall refuse or neg- such payments, lect to make such payments, no more patents for lands or other sub- no more patents sidies shall be issued to said company until these requirements are com P lied with - () (o(See Xos. 1083, 1086, 1088, 1111, 1112, 1113, 1120, 1122, 1125. 1131, 1132, 1133, 1134, 1136, 1152. (6) See Xos. 340, 344, 972, 979. (c) See Nos. 729, 981, 983, 997, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1096, 1110, 1115, 1120, 1135. MISSOURI. 477 No. 1122. AN ACT to revive and extend the provisions < f "An act granting the July 28, 18o6. right of way and making a grant of land to the States of Arkansas and Missouri, to Vol. 14, p. 338. aid in the construction of a railroad from a point upon the Mississippi opposite the mouth of the Ohio Biver, via Little Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi Kiver," approved Feb- ruary 9, 1853, and for other purposes. Be it enacted, #c., That the "Act granting the right of way and mak- The act grant- ing a grant of land to the States of Arkansas and Missouri to aid in the % r j gll l O t f ^ construction of a railroad from a point upon the Mississippi opposite the tansalf andMis- mouth of the Ohio River, via Little Rock, to the Texas boundary, near souri for railroad Fulton, in Arkansas, with branches to Fort Smith and the Mississippi revived and ex- River," approved February nine, eighteen hundred and fifty- three, with ^ n j ed for ten all the pro vision s therein made, be, and the same is hereby, revived and ye extended for the term of ten years from the passage of this act ; and all Lands hereto- the lands therein granted, which reverted to the United States under jJJJSiftobe the provisions of said act, be, and the same are hereby, restored to the stored to same same custody, control, and condition, and made subject to the uses and custody and con- trusts in all respects as they were before and at the time such reversion dition as at time took effect: Provided, That all mineral lands within the limits of tfote JfJJJF 81011 took grant and the grant made in section two of this act are hereby reserved p Mineral land* to the United States: And provided further ', That all property and troops reserved, of the United States shall at all times be transported over said railroad Property and and branches at the cost, charge, and expense of the company or corpo- ^nited stateVto ration owning or operating said road and branches respectively, when ^ e transported so required by the Government of the United States. free of cost. SEC. 2. And be it further enacted, That there is hereby granted, added Additions to to, and made part of the donation of lands hereby renewed and made, former grant for subject to the same uses and trusts, and under the same custody, con- f am j uses and trol, and conditions, and to be held and disposed of in the same manner ri as if included in the original grant, all the alternate sections and parts Lands reserv- of sections, designated by odd numbers, lying along the outer line of ed or to which lands heretofore granted, and within five miles on each side thereof, ex- ^p 68 ^ 6 ^^^ cepting lands reserved or otherwise appropriated by law, or to which &ghts h*U at- the right of preemption or homestead settlement has attached : Pro- tacbed, excepted vided, That the additional quantity of lands, hereby granted, when added fr m grant. to the lands specified in section one hereof, shall not exceed, in the ag- no T^o cxcee^'ten gregate quantity of lands by this act granted, sufficient to amount to aectioas a mile. ten sections for each mile of railroad : And provided further, That the Lands, h o'w lands embraced in this grant and the grant revived by section one of nl y tol) 'spos- this act shall be disposed of only as follows: Whenever proof shall be furnished, satisfactory to the Secretary of the Interior, that any section Sections of ten of ten consecutive miles of said road and branches is completed in a cons ecutive good, substantial, and workmanlike manner as a first-class railroad, the miles. said Secretary of the Interior shall issue patents for all the lands granted as aforesaid, not exceeding ten sections per mile situate opposite to and within the limits of twenty miles of the section of said road and branches thus completed, and when like proof shall be furnished that another section of ten miles of said road in said States or on the said branches respectively connecting with the preceding section is com- pleted as aforesaid, the Secretary of the Interior shall issue patents in like manner as as in case of the first-completed sections, and so on from time to time until the whole is completed as herein provided, when the Secretary of the Interior shall issue patents for all the remaining lands herein granted, not exceeding the aggregate amount provided for and located as required by sections one and two of this act : And provided if twenty milea further, That if one section of twenty miles of each of said railroads are not complet- and branches shall not be fully constructed and completed as a first- and atleaTuweu- class railroad within three years from the time this act becomes a law, ty raile8 e a c n and at least one section of twenty miles on each of said roads and year afterwards, branches in each year thereafter, and the whole of said roads and and the whole in branches within ten years from the time this act shall take effect, then ^^t^patented and in either of said cases all the lands granted or the grant of which to rev et t to the is revived or extended by this act, and which at the time shall be un- United States, patented to or for the benefit of the road or company making or suffer- ing such failure, shall revert to the United States. SEC. 3. And be it further enacted, That all the lands mentioned in this Lands hereby act, and hereby granted, are hereby reserved from entry, pre-emption, granted to be re- or appropriation to any other purpose than herein contemplated, for the served from en- said term of ten years from the passage of this act : Provided, That all gj- P re lands heretofore given to the State of Missouri for the construction of the Cairo and Fulton Railroad, or for the use of said road lying in the 478 MISSOURI. , Lands given to State of Missouri, and all lands proposed to be granted by this act Mi ssouri f or for t he use or j n a ifl o f t he road herein named, and lying in said State of Railroad "* Missouri, shall be granted and patented to the said 'State whenever the When ' to be road shall be completed through said State, which lands may be held patented to the by said State and used toward paying the State the amount of bonds State: raa y b e heretofore issued by it to aid said company, and all interest accrued or w^rd^ayinw C er- 1 accrue thereon : Provided further, That the provisions of this act, so tain State bonds, far as the same relate to the Memphis and Little Rock and Little Rock When this act and Fort Smith branches of said road, shall not take effect nntil the takes effect as re- Secretary of the i nter i or shall make and file a certificate in his office SST and" Little and the office of the secretary of state of Arkansas, stating that the Rock and Little companies or corporations claiming the benefit of this act in behalf of Rock^ and Fort 8a id branches have reorganized their boards of directors in a lawful branches nuinner> arj d, after such reorganization, that they have respectively re- scinded all acts, resolutions, or other proceedings, transferring the lands rights, or privileges of such corporations or companies to any conven- tion, State, or authority recognizing or acting in concert with, or under the authority of the late so-called confederate States of America, (a) (a) See Nos. 1083, 1086, 1088, 1111, 1112, 1113, 1120, 1121, 1125, 1131, 1132, 1133, 1134, 1136, 1152. July 28, 1866. No. 1123. AN ACT for the relief of Robert Baldwin. Wh ereas, on the fifth day of December, eighteen hundred and forty- Preamble, nine, Robert Baldwin located at the land office at Milan, in the State of Missouri, three military bounty-land warrants issued under the act of eighteen hundred and for ty-seven, each for one hundred and sixty acres and numbered seven thousand eight hundred and forty-seven, twenty- six thousand eight hundred and one, and fifty thousand two hundred and sixty -three, upon the following-described public lands, to wit: The west half lot number one northwest quarter-section five: the east half lots number one and two northeast quarter-section six in town fifty-seven range sixteen : the southeast quarter southeast quarter, the west half northeast quarter, the east half northwest quarter, the west half southeast quarter, the northeast quarter southeast quarter, and the northeast quarter southwest quarter of section thirty-one town fifty- eight range sixteen, receiving from the register of said land office at Milan, duplicate certifi cates of location ; and whereas the said military bounty-laud warrants were lost from the mail in their transmission from said land office to Washington, and have not since been heard from : therefore, Patentsto issue Be it enacted, <$"c., That the Secretary of the Interior be, and he is hereby, to Robert Bald- authorized and directed to cause patents for said lauds to be issued to win for lands in 8a id Robert Baldwin, upon his surrendering to the Commissioner of the General Land Office the said duplicate certificates of location. March 2, 1867. No. 1124. AN ACT to extend the provisions of an act entitled "An act for the Vol. 14, p. 544. final adjustment of private land claims in the States of Florida. Louisiana, and . Missouri, and for other purposes." [See LOUISIANA, No. 961.] June 25, 1868. No. 1125. AN ACT relative to filing reports of railroad companies. Vol. 15, p. 1 9. [Reports of certain railroads to be made on or before October 1, in each year, to Secretary of Interior. See NEBRASKA, No. 2107.] July 4, 1868. No. 1 126. AN ACT for the relief of the owners of the land within the United Vol. 15, p. 377. States survey number three thousand two hundred and seventeen, in the State of Missouri. Title of the Be it enacted, $-c., That the United States do hereby release, grant, United States to relinquish, convey, and confirm, in fee-simple and in full property, to Mi^ouri con 11 the le S al representatives of Ann O. Camp and Antoine Reilhe all of the to Ann O. right, title, and interest of the United States in and to all of the land Camp and An- within United States survey number three thousand two hundred and toine Reilhe. seventeen, in townships forty- four and forty-five, north of the base line in ranges six and seven, east of the fifth principal meridian line, in the MISSOURI. 479 State of Missouri, being the same land that was surveyed by the United States for Madame Camp and Antoiue Reilhe's representatives, con- taining two thousand nine hundred and five arpens and fifty-six perches and forty feet, which is equal to two thousand four hundred and seven- ty-one acres and seventy-six hundredths of an acre : Provided, however, Adverse rights That nothing in this act shall in any manner abridge, divest, impair, not affected, injure, or prejudice any adverse right, title, or interest of any person or persons in or to any portion or part of the aforesaid land, which is re- leased, granted, relinquished, conveyed, and confirmed by this act. JVo. 1127. AN ACT authorizing the construction of a bridge across the Missouri July 20, 1868. , River, upon the military reservation at Port Leavenworth, Kansas. Vol. 15, p. 121. [Sec KANSAS, No. 2029.] ]\o. 1 128. AN ACT providing for the sale of the arsenal grounds at Saint Louis July 25, 1868. and Liberty, Missouri, and for other purposes. Vol. 15, p. 187. Be it enacted, That the Secretary of War be, and he is hereby, author- Arsenals at ized to sell, at such time and in such manner as he ma.y deem most ad- Saint Louis and vantageous to the interest of the Government, subject to the provisions Liberty, Mis- hereinafter contained, the following military reservations and public 80ur1 ' and oth r property, namely : S y ' The ground now occupied by the Saint Louis arsenal, in the city of Saint Louis, Missouri, except the westernmost six acres thereof, and that occupied by the United States arsenal situated at Liberty, Missouri, together with such buildings, machinery, and other property appertain- ing thereto as cannot be advantageously employed in the construction or improvement of other arsenals or military posts. SEC. 2. And ~be it further enacted, That the ground occupied by the Saint Ground o cc u- Loui&arsenal, except the westernmost six acres thereof, shall 'be divided P ied . b .V Saint into lots and blocks of convenient size for building purposes, with public except, S* to streets, conforming, as near as may be without detriment to the interest be divided 'into of the Government in the sale, to the public streets of the city of Saint lots, and sold at Louis adjoining said grounds ; a plat of this division, made in accord- otioo. ance with the laws of the State of Missouri, shall be filed with the proper officer in the city of Saint Louis ; and the said lots shall be sold separately, at public auction, to the highest bidder, after thirty days' notice by advertisement in at least three daily papers in the city of of Saint Louis ; payment to be made one-third in cash, the remainder Mode of pay- in one and two years, with six per cent, interest per annum, secured ment. by deed of trust on the lots sold. The stone wall surrounding said Stone wall, arsenal shall be sold in sections not exceeding one hundred feet in hovr * length, (a) SEC. 3. And be it further enacted, That the westernmost six acres of TVesternm o s t the tract of ground occupied by the said Saint Louis arsenal is hereby ix acres granted granted to the city of Saint Louis, to be by it held as a public ground g^nt Louisasa forever, open to the use of the public as a place of public resort, and for public ground! no other use whatever, and without any power in said city to make any disposition of the same, or any part thereof, for any private use whatever : Provided, however, That this grant is upon the express con- dition that the said city or the association formed and now existing in the State of Missouri, for the purpose of erecting a monument to the ,, memory of the late Brigadier- General Nathaniel Lyon, shall, within (jenerSTyon to three years after the passage of this act, complete the erection upon be erected there- the said six acres of such a monument, upon a plan and of a charac- on in three years, ter to be approved by the President of the United States ; in default whereof this grant shall be null and void. SEC. 4. And be it further enacted, That the grounds occupied by the Grounds of Liberty arsenal shall be sold at public auction, after due notice by J.i berty arsenal public advertisement of the time and place of said sale, in such parcels, 6 8 blocks and lots as may be deemed most advantageous to the interest of the Government, by the Secretary of War, upon the terms and condi- tions as to payment specified in the previous section. SEC. 5. And be it further enacted, That all proceeds of the sale of all Proceeds of property provided for in this act shall be paid into the Treasury of the sales. United States : Provided, That the machinery, ordnance stores, and arms & Q Removed r to that the Government desires to reserve from sale, shall be stored at any ^ stored, arsenal now established or to be established by law. (a) See Nos. 1109, 1129. 480 MISSOURI. March 3, 1869. No. 1129. AN ACT amendatory of the act providing for the sale of the arsenal Vol. 15, p. 339. grounds at St. Louis and Liberty, Missouri, and for other purposes, approved July twenty-five, eighteen hundred and sixty-eight. Six acres of the p >e ,7 tn acted, ror ^^> however, That no part of the said six acres, shall be selected to be made east 63 ' 8 *' ^ * ne western line of the ground occupied by the Saint Louis and of, &c. Iron Mountain Railroad, (a) (a)SeeNos. 1109,1128. March 3, 1869. No. 1130. AN ACT to confirm certain private land claims in the State of Mis- Vol. 15, p. 458. souri. Private [^ Be it enacted, #c. That the claims of the legal representatives of Ga- claiins of repre- briel Cerre and Sophia Bolaye, falling within the exterior boundaries sentatiyes of Ga- of the commons of Carondelet, the former entered as number sixty, for briel Cerre and f our hundred arpens, and the latter as number two hundred and sev- Souri, con Uent y- nine > for ono hundred and fifty arpens, in the first class of decis- firmed. Adverse ions of the board of land commissioners under the acts of Congress ap- rights not af - proved ninth July, eighteen hundred and thirty-two, and second March, eighteen hundred and thirty-three, for the adjustment of private land claims in Missouri, as recommended by said board (H. Ex. Doc. 51), 1st session 24th Congress, p. 187, and S. Doc. 16, sasie session, page 40,) which claims were confirmed by the act of Congress approved fourth July, eighteen hundred and thirty-six, subject to location elsewhere than in place in case of conflict, (Stat. L., vol. 5, page 126,) be, and the same are hereby, confirmed in place, subject to any valid adverse rights, if such exist, and patents for said claims shall be issued accordingly. March 3, 1869. NO. 1131.-A RESOLUTION extending the time for the completion of the first Vol. 15, p. 349. twenty miles of the Cairo and Fulton Railroad. Time for com- Resolved, under which it is organized, the rights of those claiming effect those under any mortgage made by the company to the lands granted to it by claiming under said act shall extend only to so much thereof as shall be coterminous the mortgage. with or appertain to that part of said road which shall have been con- structed at the time of the foreclosure of said mortgage, (a) (a) See Nos. 1083, 1086, 1088, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1152. April 17, 1872. No. 1137. AN ACT to confirm the title of John Boyer to certain lands therein de- Vol. 17, p. 652. scribed. ~Titie r'of" John Be it enacted, $-c., That the title of John Boyer to the south half of Boyer to certain northwest quarter and northeast quarter of southwest quarter of sec- land in Missouri tion thirty- four, township thirty-three, range twenty-eight west, one confirmed. hundred and twenty acres, in the district of lands subject to location at Springfield, Missouri, be, and is hereby, confirmed ; and the Secretary of the Interior shall cause to be issued to the said John Boyer a patent for said land on bounty-land warrant location thirty-nine thousand five hundred and twenty-six, one hundred and twenty acres, act March third, eighteen hundred and fifty-five, first correcting the location pa- pers and records to cover the aforesaid tracts. June 4, 1872. No. 1 138. AN ACT to extend the provisions of an act entitled "An act for the Vol. 17, p. 225. relief of certain purchasers of lands from the legal representatives of Bartholomew Cousin " approved February eighteenth, eighteen hundred and seventy-one. liei of r t hos e e Vt '* enacted, $c., That the provisions of an act entitled "An act for claiming title to the relief of certain purchasers of lands from the legal representatives land under Bar- o f Bartholomew Cousin," approved February eighteenth, eighteen hun- tholomew Cousin j re j an( ^ 8e venty- one, be, and the same are hereby, extended one year from the expiration thereof, (a) (a) See No. 1135. MISSOURI. 483 No. 1 139. AN ACT to extend the provisions of an act entitled "An act for the June 10, 1872. final adjustment of private land claims in the States of Florida, Louisiana, and Yol. 17, p. 378. Missouri, and for other purposes." [See LOUISIANA, No. 967.] JVo. 1140. AN ACT to quiet the title to certain lands in the State of Missouri. Dec. 27, 1872. Vol. 17, p. 404* Whereas by an act of the Congress of the Halted States, approved on the twenty- eighth day of September, eighteen hundred and fifty, the Preamble. State of Missouri, with other States, acquired title to all swamp and overflowed lands within their limits ; that the State of Missouri, by an act of its general assembly, approved February twenty-third, eighteen hundred and fifty-three, passed the title thus acquired to the several counties in which said lands were situated, for the purpose and to the nd that the same should be drained and reclaimed as provided by said act of Congress ; and that after the donation as aforesaid a commis- sioner was appointed, charged with the duty to select and locate such swamp lands, who did make such selections and locations in said county of Scott, and State of Missouri, making due report of the same, which report was, by proper authority, approved, and the lands so located patented by the Government of the United States to the State of Mis- souri, and, on the twenty-ninth day of April, eighteen hundred and seventy, by said State to said county of Scott : and whereas said com- missioner, in his report, described other lands situated in said county as unsurveyed swamp lands, and that in the year eighteen hundred and sixty said lands were ordered to be surveyed by the General Government, which survey was approved by the surveyor-general of Missouri on the second day of July, eighteen hundred and sixty-one, and that by act of Congress approved March the twelfth, eighteen hundred and sixty, said county was given two years in which to present its claim and make proof to its title to said lauds, which could not be done, owing to the ex- istence of civil war then afflicting the people of said county : and whereas said county, believing further time would be given to make said claim and proof, did sell to actual settlers the greater portion of said lands, which purchasers, relying on said title, have made, in many instances, permanent and valuable improvements : Therefore, Be it enacted, $~c., That the lands above referred to be, and the same are hereby, granted to the county of Scott, in the State of Missouri, which lands, in the aggregate, amount to four thousand four hundred and ten and seventy-one hundredths acres, and described as follows: Parts of sections one, two, three, eleven, twelve, thirteen, twenty-four, and twenty-five, all in township number twenty-seven, range twelve: Provided, That nothing in this act shall prejudice the rights of any Existing rights homestead or other entry made, by any person whatsoever, under laws of the United States on said lands, (a) (a) See Nos. 1142, 1146, 1147, 1151. Certain swamp, &c., lands grant- ed to Scott Coun- ty, Missouri. No. 1141. AN ACT to confirm certain land titles in the State of Missouri. Whereas, the Baron of Carondelet, governor-general of the Territory of Louisiana, did, on the fifteenth day of March, anno Domini seven- teen hundred and ninety-seven, instruct Zeno Trudeau, lieutenant gov- ernor of said Territory, to place Moses Austin in possession of a league square of land at Mine a Breton, in said Territory ; and Whereas the said Moses Austin did, in the year anno Domini seven- teen hundred and ninety-eight, take possession of the said land by moving upon it with his family, and did improve the same by building dwelling-house, blacksmith shop, furnace, and other improvements ; and Whereas the said lieutenant governor did, on the fourteenth day of January, seventeen hundred and ninety-nine, order Antone Lulard, surveyor in said Territory, to survey the said land and put the said Austin legally in possession of the same, which survey, numbered fifty- two, containing seven thousand one hundred and fifty-three arpents and three and two-thirds feet, was executed by said Antone Lulardj and a certificate of the same filed by him in November, anno Domini eighteen hundred ; and Whereas Don John Ventara Morales, then governor at New Orleans, Feb. 14, 1874. VoL 18, p. 16. Preamble. 484 MISSOURI. did, in the year of onr Lord eighteen hundred and two, in the name of the King of Spain, grant to the said Moses Austin the lands so sur- veyed and located ; Therefore Release of cer- Be it enacted, $*c., That the United States hereby release whatever tain lands in Mis- title they have to said lands now numbered four hundred and thirty on tbe P 1 ^ in t ^ ie 8nrvevor -g en eral's office, and in townships thirty-seven and thirty-eight, range two east, in the county of Washington, and State of Missouri, containing seven thousand one hundred and tifty- three and thirty-two one-hundredths arpents (six thousand eighty-five and twenty-nine one-hundredths acres,) to the heirs, legal representa- tives, or assigns of said Moses Austin, according to their respective in- Adverse titles terests therein : Provided, however, That this act shall not affect nor not affected. impair the title which any settler or other person may have acquired adverse to the title of said Moses Austin to any portion of said land. Feb. 19, 1874. No. 1142. AX ACT granting certain swamp lands in Holt Connty, Missouri, to VoL 18, p. 16. said Holt County, for school purposes. Certain lands Be it enacted, $~c., That all the tract of land embraced in what is known granted to Holt as Tarkio Lake, (a) iu congressional township, numbered sixty, of County, )ti*j range thirty-nine, in the county of Holt, State of Missouri, and which purposed 8 was left unsurveyed at the time the Government of the United States had made a survey of the other lands in said township and county, and which was described on the plat of the survey of said lands as a mean- dering lake, be, and the same is hereby, granted to the said county of Holt, in the State of Missouri, for school purposes. (6) Survey and SEC. 2. That the Commissioner of the General Land Office is hereby directed to have said lands surveyed, and to cause to be executed to the said county of Holt, a patent for the same: Provided, That nothing Prior rights of i n this act contained shall be so construed as to affect the rights of any lected person who may have in good faith gone upon said lands prior to Jan- uary first, eighteen hundred and seventy-four, with the intent of pre- Coun * v Jempting or hornesteading the same; and the said county of Holt is payment &c. n hereby required to make a title to any such person to an amount of land not exceeding one hundred and sixty acres upon the payment to the county of one dollar and twenty-five cents per acre : And be it fur- To pay cost of tfor provided, That all cost of surveying said lands shall be paid by said county of Holt. (a) SeeXos. 1140, 1146, 1147,1151. (6) See Nos. 972, 988, 989, 995, 1013, 1016, 1093, 1114, 1145. June 6, 1874. flf o . 1143. AN ACT obviating the necessity of issuing patents for certain private VoL 18, p. 62. land claims in the State of Missouri, and for other purposes. Certain lands & e it enacted, <$-c., That all of the right, title, and interest of the United in Missouri re- States in and to all of the lands in the State of Missouri which have at leased to owners an y time heretofore been confirmed to any person or persons by any titles 4 " ' act of Congress, or by any officer or officers', or board or boards of com- missioners, acting under and by authority of any act of Congress, shall be, and the same are hereby, granted, released, and relinquished by the United States, in fee-simple, to the respective owners of the equitable titles thereto, and to their respective heirs and assigns forever, as fully and as completely, in every respect whatever, as could be done by pat- ents issued therefor according to law. (a) Valid rights SEC. 2. That nothing contained in the first section of this act shall, and interests af- j n an y manner, abridge, divest, impair, injure or prejudice any valid right, title or interest of any per&on or persons in or to any portion or part of the lands mentioned in said first section ; and this act shall in no wise affect any lands or lots heretofore relinquished to the United States. Secretary of SEC. 3. That whenever the Secretary of the Interior shall be of the Interior may dis- opinion that the public interest no longer requires the continuance of recorder ofland the office of recorder of land titles in Missouri, he may close and dis- ti ties in M i s- continue the same; and all of the records, maps, plats, field-notes, souri. books, papers, and everything else concerning, pertaining, or belonging Records, maps, to 8a j d o fti ce o f recorder, shall be delivered to the State of Missouri: ered to State au 1'rorided, however, Thar said State shall provide by law for the reception thorities. and safe-keeping of said records, maps, plats, field-notes, books, papers, MISSOURI. 485 and everything else belonging to said office of recorder, as public State to pro- records, and for the allowance of free access to the same by the authori- feeuhr^&c ~ ties of the United States, for the purpose of taking extracts therefrom, Free access to or making copies thereof, without charge of any kind: And provided authori ties of further, That when said office of recorder shall be closed and discon- United States. tinned as aforesaid, the Commissioner of the General Land Office shall O f GSrT LaJd forever thereafter possess and exercise all of the powers and authority and office to exercise perform all the duties of said recorder. (6) power of re- (a) See Nos. 722, 728, 957, 967, 972, 973, 974, 976, 980, 988, 998, 999, 1002, 1007, 1016, corder. 1119, 1020, 1024, 1041, 1063, 1067, 1102, 1104, 1106, 1107, 1124, 1139. (6) See Nos. 189, 701, 972, 913, 974, 977, 1020, 1024, 1149. No. 1144. AN ACT for the relief of Thomas Eidgway. June 20, 1874. Be it evaded, #c., That the title of Thomas Ridgway, late of Linn V L 18> p ' 572> County, Missouri, to the northeast quarter of section twenty-nine, in Title to land township fifty-eight, in range nineteen north, in Linn County, Missouri, confmned and is hereby confirmed ; and the Secretary of the Interior is hereby author- Thomas^R i d g- ized and directed to issue and deliver to the It-gal representatives of way. said Thomas Ridgway, deceased, a patent for said laud. No. 1145. AN ACT to appropriate lands for the support of schools in certain frac- June 22, 1874. tional townships in the State of Missouri. Vol. 18, p. 202. Be it enacted, #c., That for all fractional townships iu the State of School lands Missouri, which are entitled to public lands for the support of schools, for certain frac- according to the provisions of the act of Congress approved May tweuti eth eighteen hundred and twenty-six entitled "An act to appropriate lands for the support of schools in certain townships and fractional townships not before provided for," and for which no selections have heretofore been made, there shall be reserved and appropriated out of the public lands, for each of said fractional townships, the amount of land to which they were respectively entitled according to the provi- sions of said act. SEC. 2. That the lands to which said fractional townships are entitled Selection by as aforesaid shall be selected by the Commissioner of the General Land Commissioner of Office out of any unappropriated public land within the State of Mis- gf" 6 souri subject to sale or location at one dollar and twenty-five cents an acre : Provided, That said Commissioner, in making such selection, shall Proviso, select such land as shall be designated to him for that purpose by the county courts of the counties in which such fractional townships are situated ; and, when so selected, said lands shall be held by the same tenure, and upon the same terms, for the support of schools in such fractional townships, as sections numbered sixteen are, or may be, held in the State of Missouri, (a) (a) See Nos. 972, 988, 989, 995, 1013, lOle, 1093, 1114, 1142. No. 1146. AN ACT authorizing and requiring the issuance of a patent for certain June 23, 1874. lands to the county of Scott, in the State of Missouri. Vol. 18, p. 282. Whereas, by the act of the Congress of the United States entitled Preamble. "An act to quiet the title to certain lands in the State of Missouri," approved December twenty- seventh eighteen hundred and seventy-two, certain lands therein mentioned were granted to the county of Scott, in the State of Missouri, which were not specifically described ; and Whereas, no provision for the issuance of a patent for said lands was made in said act : Therefore, Be it enacted, #c., That it shall be the duty of the Commissioner of the Patent to issue General Land Office to cause a patent to be issued to said county _of MiSimvi ^or ce?' Scott, in the State of Missouri, for all the lands included in that portion g^ ]and ' s of township numbered twenty-seven north, of range twelve east, of tbe tilth principal meridian, lying east of Little River, as the same appears on the plat of survey on file in the General Land Office : Provided, That ^ ot ! h J*l nothing in this act shall prejudice the rights of any person claiming homestead, pre- any of said lands by virtue of any homestead, preemption, or other emption, or other entry made under the laws of the United States, (a) claimants. (a) See Nos. 1140, 1142, 1147, 1151. 486 MISSOURI. Feb. 23, 1875. IVo. 1147, Vol. 18, p. 334. -AN ACT for the relief of actual settlers on lands claimed to be swamp and overflowed lands in the State of Missouri. Purchasers of Be it enacted, #c., That in all cases in the State of Missouri where lands in Missouri, lands have heretofore been selected and claimed as swamp and over- to hIve QP prioritv flowed land8 bv 8a i and ruu *uth to the right bank of the Red kansas. " River, and thence, down the river, and with the Mexican boundary, to the line of the State of Louisiana, any law heretofore made, to the con- trary notwithstanding, (a) (a) See Nos. 762, 1076, 1156, 1171, 1203, 1204, 1239, 1257. May 26, 1824. No. 1 1 62. AN ACT making an appropriation towards the extinguishment of the VoL 4, p. 41 . Quaupau title to lands in the Territory of Arkansas. Appropriation Be it enacted, i Q & * * ne sectional and divisional lines, any unappropriated quarter - kansas to be en- section of land within the military district in said Territory ; and, upon tered by him. such location and entry being made, it shall be the duty of the register to issue to the said Moses Plumer, a certificate, specifying therein the quarter section so located and entered. And it shall be the duty of the Commissioner of the General Land Office to issue a patent for the land so located and entered, whenever the certificate aforesaid shall be pre- Proviso. sented to him for that purpose : Provided, That, before such location and entry shall be made, the said Moses Plumer shall surrender to the register the patent which he now holds from the United States, for the southeast quarter of section four, of tovrusLip ten, in range five, west of the tract appropriated for military bounties, in the Territory of Arkansas, accompanied by such a release of his interest to the land therein specified, as the Commissioner of the General Land Office shall direct. ARKANSAS. 491 No. 1 1 66. AN ACT to extend the land districts in the Territory of Arkansas. April 5, 1826. Be it enacted, #c., That all that tract of country in the Territory of Arkansas, lying north of the base line, and west of the Lawrence Tract of conn- land district, be, and the same is hereby, attached to, and made a part jjjg j^^ dStrlofe of, said land district ; and all that part of the Territory of Arkansas j n Arkansas, lying south of the base line, and west of the Arkansas land district, be, and the same is hereby, attached to, and made a part of, the Arkansas land district : Provided, That nothing in this act contained shall be con- Proviso, strued as authorizing a survey or interference of any kind whatever upon any lands, the right whereof is in any Indian tribe, (a) (a) See Nos. 1156, 1157, 1158, 1191, 1200, 1209, 1234, 1254. No. 1167. AN ACT authorizing certain soldiers in the late war to surrender the May 22, 1826. bounty lands drawn by them, and to locate others in lieu thereof. Vol. 4, p. 190. Be it enacted, #c., That it shall and may be lawful for any soldiers in Soldiers, or the late war, or their heirs, to whom bounty lands have been patented, their heirs, ' to or may hereafter be patented, in the Territory of Arkansas, and which land ^J^ b u " t y is unfit for cultivation, and who have removed, or shall hereafter remove, * t ^ n ^ e e ,j e f ^ to the said Territory, with a view to actual settlement on the lands by Arkansas, unfit them drawn in all such cases, where it shall be made to appear, in such for cultivation, manner as the Commissioner of the General Land Office shall direct, to the t0 ^ e * v e . J n satisfaction of the register and receiver of the proper district, that the quantity^on a*ny land patented to them is unfit for cultivation, and on the surrender of of the unappro- the patent to them granted, accompanied with such a release of their priated lands in interest as the Commissioner of the General Land Office shall prescribe, trict^nsaf^Ter" such soldier, or his heirs, may locate and enter with the register of the r it or y. land office, for the proper district, in the Territory of Arkansas, accord- ing to the sectional and divisional lines, the like quantity on any of the unappropriated public lands in the military district in said Territory ; and upon such entry and location being made, it shall be the duty of Duty of the the register to issue to the person so locating, a certificate specif ying re ister - the quarter or half section of land so located and entered ; and it shall Duty of the be the duty of the Commissioner of the General Land Office, if he is Commissioner of satisfied such certificate was fairly obtained, to issue a patent for the office^ 6 lands so located, whenever the certificate aforesaid shall be presented p roviso to him for that purpose. Provided, That before such certificate of loca- tion shall be granted, the applicant shall satisfy the register and re- ceiver that his interest in the land originally patented to him, has not been divested, either by his own acts, or by the operation of law, for taxes, or otherwise. And provided, also, That such surrender and relo- Su ^ surren- cation shall be made on or before the first day of January, eighteen nfaie on* or b O ver the age of twenty-one years, actually settled on that vears^actuaUy P art * tne Territory of Arkansas, which, by the first article of the treaty settled, which, between the United States and the Cherokee Indians west of the Mis- by 1st article of sissippi, ratified the twenty-third day of May, one thousand eight hun- treaty between dred and twenty-eight, has ceased to be a part of said Territory, who and the Chero 8 8na11 remove from such settlement according to the provisions of that kees west of the treaty, shall be authorized to enter with the proper register of the land Mississippi, rati- office in Arkansas, a quantity not exceeding two quarter-sections of fi f e( M by 23 tr i 6 Sf land ' on aD ? of tbe P ub ! ic lands in that Territory, the sale of which is authorized 'to en' authorized by law, and in conformity with the lines of the public sur- ter with the veys, at any time within two years from the passage of this act; and proper register upon presenting the certificate of such entry to the Secretary of the a ceedin^ t wo Treasur y> a patent shall be issued to such settler, or to his, her or their quarter^sectio^u s heirs, for the lands so entered, as a donation from the United States, as of land. an indemnity for the improvements and losses of such settler under the aforesaid treaty. Register, &c., SEC. 9. And be it further enacted, That the register and receiver of the ^i t ^estimon PI of land office > to which application may be made to enter such lands, shall Fuch Actual set- be authorized to take the proper testimony of such actual settlement tlement and sub- and subsequent removal, as in cases of pre-emptions heretofore granted sequent removal, to actual settlers, for which a reasonable compensation shall be made to such registers and receivers, by the United States, (a) (a) See Nos. 1174, 1176, 1181, 1195, 1201, 1230, 1243. Jan. 6, 1829. No. 1 174. AM ACT restricting the location of certain land claims in the Territory Vol. 4, p. 329. of Arkansas, and for other purposes. Persons enii- Be it enacted, fc., That no person entitled to a donation of land by the tied to a donation eighth section of an act, entitled "An act to aid the State of Ohio in Lla n( V n ii^ie extending the Miami Canal from Dayton to Lake Erie, and to grant a of an act enti- quantity of land to said State to aid in the construction of the canals tied, &c., not al- authorized by law, and for making donations of land to certain persons lowed to enter j n Arkansas Territory," shall be permitted to enter the improvement of ARKANSAS. 493- any actual settler in the Territory of Arkansas, before the same shall the improvement have been offered for sale, unless it be with the consent of such actual factual settlers, settler ; and all entries which may be so made shall be considered null ( and void. SEC. 2. And le it further enacted, That no person residing south of the Residents south Arkansas River, and west of the present Territorial line, shall be enti- er &c wes^of tied to the donation of land given by the eighth section aforesaid, unless Territorial lino, said persons shall move east of said line ; and, in that case, they shall not entitled to- be entitled to the donations specified in said eighth section of said act, donation given under the restrictions aforesaid, (a) le^&c. Un " (a) See Nos. 1173, 1176, 1181, 1195, 1201, 1230, 1243. No. 11 75. AN ACT to preserve from injury and waste the school lands in the Jan. 6, 1829. Territory of Arkansas. Vol. 4, p. 329. Be it enacted, $-c., That the governor and general assembly of the ~ Governor and Territory of Arkansas be, and they are hereby, authorized to make, and general assembly carry into effect, such laws and needful regulations as they shall deem ?* Arkansas, au- most expedient to protect from injury and waste the sixteenth section tect ttie lands in all townships of land in said Territory, where surveys have been, or &c. may hereafter be, made, which sections are reserved for the support of schools in each township, and to provide by law for leasing or renting the same, for any term not excee ding five years, in such manner as to render said school lands most valuable and productive, and shall apply Rents to be ap- the rents derived therefrom to the support of common schools, in the P lied to the sup- respective townships, according to the design of the donation, and to schools no other purpose whatever, (a) (a) See Nos. 418, 989, 1179, 1199, 1203, 1204, 1219, 1227, 1229, 1237. No. 1176. AN ACT to extend the time for locating certain donations in Ar- Jan. 13, 1830. kansas. Vol. 4, p. 371. Be it enacted, tyc., That so much of an act of Congress, approved Time limited twenty-fourth of May, eighteen hundred and twenty-eight, entitled by act of May 24, " An act to aid the State of Ohio in extending the Miami canal from JfjLie itf for e itf for Dayton to Lake Erie, and to grant a quantity of land to said State to locating' certain aid in the construction of canals, authorized bylaw, and for making donations, ex- donations of land to certain persons in Arkansas Territory;" and, also tended one year so much of an act approved 6th January, eighteen hundred and twenty- t] nine, entitled "An act restricting the location of certain land claims, in the Territory of Arkansas, and for other purposes," as limits the time of locating those donations, be, and the same is hereby continued in force, for the further term of one year, from the twenty-fourth day of May next : Provided, That no locations shall be made within the further . Proviso: loca- time allowed by this act, which shall not include the actual settlement aSal^lTtt le made by the claimant prior to the twenty-fourth day of May next, (a) ments prior to (a) See Nos. 1173, 1174, 1181, 1195, 1201, 1230, 1243. May 24> 183 * No. 1177. AN ACT to continue in force "An act authorizing certain soldiers March 23, 1830. in the late war to surrender the bounty lands drawn by them, and to locate others Vol. 4, p. 383. in lieu thereof," and for other purposes. Beitenacted, #c., Thatthe act of the twenty-second of May, one thousand Act of May- 22, eight hundred and twenty-six, entitled "An act authorizing certain ]>' 6 > authorizing, soldiers in the late war to surrender the bounty lands drawn by them, 5 ^JSjiind ft* and to locate others in lieu thereof," be, and the same is hereby, contin- provisions ex- ued in force for the term of five years. And the provisions of the above- tended to, &c. recited act shall be, and are hereby, extended to those having like claims in the States of Illinois and Missouri, (a) (a) See Nos. 458, 1154, 1159, 1167, 1204, 1216, 1240, 1245. No. 1 1 78. AN ACT for further extending the powers of the judges of the superior May 8, 1830. court of the Territory of Arkansas, under the act of the twenty-sixth day of May, Vol. 4, p. 399. one thousand eight hundred and twenty -four, and for other purposes. Be it enacted, $-c., That the act, approved on the twenty-sixth day of Act of May 26, May, one thousand eight hundred and twenty-four, entitled "An act to 1824 > continued, enable claimants to lands within the limits of the State of Missouri and Territory of Arkansas, to institute proceedings to try the validity of , 494 ARKANSAS. their claims," shall be, and hereby is, continued in force, so far as the said act relates to the claims within the Territory of Arkansas, until the first day of July, one thousand eight hundred and thirty -one, for Court in Ar- the purpose of enabling the court in Arkansas, having cognisance of kansas author!- c i a j m s under the said act, to proceed by bills of review, filed, or to be Sin decreed &c. n l. ed > in tne said court, on the part of the United States, for the purpose and to reverse of revising all or any of the decrees of the said court in cases wherein them. it shall appear to the said court, or be alleged in such bills of review, that the jurisdiction of the same was assumed, in any case, on any forged warrant, concession, grant, order of survey, or other evidence of title ; and, in every case wherein it shall appear to the said court, on the prosecution of any such bill of review, that such warrant, conces- sion, grant, order of survey, or other evidence of title, is a forgery, it shall be lawful, and the said court is hereby authorized to proceed, by further order and decree, to reverse and annul any prior decree or ad- judication upon such claim ; and thereupon such prior decree or adju- dication shall be deemed, and held in all places whatever, to be null Mode of pro- an d void to all intents and purposes. And the said court shall proceed 011 such bills of review, by such rules of practice and regulations as they may adopt, for the execution of the powers vested or confirmed in them by this act. No entries of SEC. 2. And be it further enacted, That no entries of land in any of the land to be made land offices in Arkansas, under any of the provisions of the said act, until, &c. shall be made, until the further direction of Congress. Requisites to SEC. 3. And be it further enacted, That no patent shall be issued for the issuing o f i am i 8 un( ier any decree of the said court, in any case in which the Decrees o^aid or 'S^ na l warrant, concession, grant, or order of survey, has been with- court. drawn from the files of the said court, unless the person or persons Original war- claiming such patent shall first produce and deposit, in the office of the ant i &C i'^ be Commissioner of the General Land Office, the original warrant, conces- PI Ge" uTneness of siou ' g rant > or order of survey, on which such decree was founded, and this warrant, &e., on which the said court took jurisdiction under the said act; and no to be established patent shall be issued until the further order of Congress, in any case, to satisfaction of un( ier the said act, until it shall satisfactorily appear to the Commis- Geneal Lan d sioner of the General Land Office that the warrant, concession, grant, Office, or of said or order of survey, on which any lands are claimed, under any decree court upon re- of the said court, was, in fact, made or issued by or under the authority of the person or persons purporting to have made or issued the same, or unless the said warrant, concession, grant, or order of survey shall have been determined by the said court, on the hearing of a bill of review, to be genuine. Entries, pa- SEC. 4. And be it further [enacted,] That no entry, survey, or patent, tents, &c., not to shall, at any time hereafter, be made or issued under the said act, ex- be made, except, cept j n ^e name of the original party to any such decree, and on proof to the satisfaction of the officers, respectively, that the party applying is such original party, or is duly authorized by such original party, or his heirs, to make, receive, or require such entry, patent, or survey, (a) In case of re- SEC. 5. And be it further enacted, That, in all cases in which the said versal, &c.. lands COU rt shall, by decree or adjudication, under this act, review and annul sale &c an y P rior decree or adjudication therein, any lands which may have been heretofore entered, under any such prior decree or adjudication, shall, thereafter, be subject to sale or entry as other public lands of the United States may be. (6) President o f SEC. 6. And be it further enacted, That the President of the United United States au- States is hereby authorized to employ, on behalf of the United States, thorized to em- 8UCa counsel on their part, in the Territory of Arkansas, or elsewhere, counsel to be associated for that purpose with the district attorney of the same Territory, as he may deem the interests of the United States may re- quire, in the prosecution of such bills of review before the said court. Appeal to the SEC. 7. And be it further enacted, That, in all cases, the party against ^f United St' t, 111 ^ w ^ orn * ne judgment or decree of the said court may be finally given, >s ' shall be entitled to an appeal, within one year from the time of its rendition, to the Supreme Court of the United States, which Court shall have power to review the decision of the court below, both on the law and the facts ; and the court in Arkansas be, and the same is hereby Grounds of ap- required to spread upon the record the whole testimony, together with peal- the reasons for their decision in each case, and to transmit to the Su- preme Court of the United States the same, together with the original warrant, concession, grant, order of survey, or other evidence of title, (a) ARKANSAS. 495 SEC. 8. And be it further enacted, That each of the judges of the su- Extra compen- reme court of the Territ of their duties imposed b;; preme court of the Territory of Arkansas shall, while in the discharge ^i. on to Judges, 1 by this act, be allowed at the rate of eight hun- ** dred dollars per annum, in addition to their salary as judges of the su- . A t> j_i _ m fj _ _ J* A __1 t i i 11 i _ j?_ll J? perior court tor the Territory of Arkansas, which shall be in full for Appropriations, their services, to be paid out of any money in the Treasury, not other- wise appropriated. (a) See Nos. 974, 998, 1002, 1007, 1067, 1155, 1163, 1168, 1172, 1187, 1192, 1223, 1233, 1241. (&) See Nos. 421, 1160, 1200, 1230, 1236, 1245, 1255, 1258, 1261. No. 1 179. AN ACT to authorize the selection of certain school lands in the Terri- May 29, 1830. tory of Arkansas. Vol. 4, p. 418. Be it enacted, tyc., That, wherever the sixteenth sections in said Terri- In certain case, tory, either in whole, or in part, are now, or may hereafter be, included other lands than in private claims held by titles confirmed, or legally decided to be valid tne l ^ sections and sufficient, other lands equivalent thereto and most convenient to may the same, may be selected in lieu thereof, under the direction of the Secretary of the Treasury ; and the lands so selected shall be entered in the office of the register of the land district in which they may lie, and be, by such register, reported to the Commissioner of the General Land Office, as school lands selected under this act : Provided, That, before making any entry of such other lands, the case shall be made out to the satisfaction of the register and receiver of said district, agreeably to rules to be prescribed by the Commissioner of the General Land Office, for that purpose, showing that the sixteenth section, or a part thereof, has been included in the manner above mentioned, (a) (a) See Nos. 418, 989, 1175, 1199, 1203, 1204, 1219, 1227, 1229, 1237. No. 1180. AN ACT to provide for surveying certain lands in the Territory of May 29, 1830. Arkansas. Vol. 4, p. 418. Be it enacted, th(? titleg to which are i nvo l ve d in, or dependent upon, the trial of said bills of review, which are claimed by Surcbasers after the rendition of the original judgment, to be with- eld from sale until the further order of Congress, (a) (a) See Nos. 974, 908, 1002, 1007, 1067, 1155, 1163, 1168, 1172, 1178, 1192, 1223, 1233, 1241. May 31, 1832. Vol. 6, p. 493. No. 1188.-AN ACT for the relief of Thomas and James MassingilL Be it enacted, $-c , That the register and receiver of the land office at Claim to be Little Rock, in the Arkansas Territory, be, and they are hereby, au- reconsidered, &c. thorized to reconsider, hear, and determine the claim of Thomas and James Massingill, assignees of Thomas Morrow, for a donation of three hundred and twenty acres of land, under and by virtue of the act of Congress, approved the twenty-fourth [eighth] May, one thousand eight hundred and thirty ; upon such proof as has, or may hereafter be adduced to them in support of the claim, dispensing with the affidavit of the said Thomas Morrow, the original claimant ; and if, in their opinion, the said Thomas and James Massingill shall establish the right of the said Thomas Morrow, to a donation under the before-mentioned act, of three hundred and twenty acres of land, by other testimony than the affidavit of the said Morrow, the register and receiver shall award to the said Massingill, their heirs or assigns, the right to enter the said three hundred and twenty acres or land, according to the pro- visions of the act aforesaid. June 15, 1832. No. 1189. AN ACT to create the office of surveyor of public lands for the Ter- Vol. 4, p. 531. ritory of Arkansas. "~ Duties. Be it enacted, #c., That a surveyor for the Territory of Arkansas shall be appointed, who shall have the same authority, and perform the same duties respecting the public lands and private land claims in the Ter- ritory of Arkansas as are now vested in, and required of, the surveyor of the lands of the United States in Missouri and Illinois. Maps, papers, SEC. 2. Andbe it further enacted, That it shall be the duty of the survey or &c., relating to f or Missouri and Illinois to deliver to the surveyor for the Territory of Arkan 8as, all the maps, papers, records, and documents relating to the " public lands and private land claims in Arkansas, which may be in his office ; and in every case where it shall be impracticable to make a sepa- ration of such maps, papers, records, and documents, without injury, it shall be his duty to cause copies thereof, certified by him, to be furnished to the surveyor of Arkansas, which copies shall be of the same validity as the originals. ARKANSAS. 499 SEC. 8. And be it further enacted, That the surveyor of Arkansas, to Location of be appointed in pursuance of this act, shall establish his office at such omce - place as the President of the United States may deem most expedient for the public service, and that he shall be allowed an annual salary of fifteen hundred dollars, and that he be authorized to employ one skilful draughtsman draughtsman and two clerks, whose aggregate compensation shall not and clerk, exceed eighteen hundred dollars per annum. () (a) See No. 1180. No. 1190. AN ACT granting to the Territory of Arkansas one thousand acres June 15, 1832. of land, for the erection of a court-house and jail at Little Rock. Vol. 4, p. 531. Be it enacted, $c., That there be granted to the Territory of Arkansas, Land to be se- a quantity of land not exceeding one thousand acres, contiguous to, and lected by gov- adjoining the town of Little Rock, for the erection of a court-house and ernor - jail in said town ; which lands shall be selected by the governor of the Territory by legal subdivisions, and disposed of in such manner as the legislature may by law direct ; and the proceeds of the lands so dis- posed of, shall be applied towards building a court-house and jail in said town of, Little Rock ; and the surplus, if any, may be applied to such other objects as the legislature of said Territory may deem proper, (a) (a) See Nos. 1197, 1211. No. 1191. AN ACT establishing land districts in the Territory of Arkansas. June 25, 1832. Be it enacted, $-c., That there shall be four land districts in the Terri- tory of Arkansas, to be called as follows, viz : the Arkansas land dis- Four land . dis - trict, the White River land district, the Red River land district, and the }^ the^Terrftorv Fayetteville land district ; and each of the aforesaid land districts O f Arkansas. shall be bounded as follows, to wit: The Arkansas land district shall Name and include all the country embraced within the following boundaries : boundaries. beginning on the west bank of the Mississippi River, at the mouth of the St. Francis River, and running thence due west with the base line to the northeast corner of range six, township one north and south of said base line ; thence, due north with the dividing line between ranges five and six, to the northeast corner of township seven, north of said base line ; thence, due west with the dividing line between townships seven and eight, to the northwest corner of range seventeen; and thence, due south with the dividing line between ranges seventeen and eighteen, to the Mississippi River. The White River district shall include all the country south of Missouri, which is not included in the Arkansas land district above described, and east of the dividing line between ranges seventeen and eighteen, as extended from the northwest corner of the said Arkansas land district, to the State of Missouri. The RedRivor land district shall include all the country in Arkansas lying west of the Arkansas land district, and south of the base line. The Fayetteville land district shall include the residue of the Territory of Arkansas, being all the country lying north of the Red River district, and west of the Arkansas and White River districts. SEC. 2. And be it further enacted, That the land office for the Arkansas Land offices land district shall be at Little Rock ; the land office for the White River ? or tff .respect- district shall be at Batesville ; the land office for the Red River district lv< shall be at the town of Washington : and the land office for the Fay- etteville district shall be at Fayetteville. SEC. 3. And b& it further enacted, That it shall be the duty of the Sec- Plats of sur- retary of the Treasury, as soon as the same can be done, to cause the veys to be de- proper plats of the surveys to be deposited in the proper land offices. P 8: fcedt &c> SEC. 4. And be it further enacted, That for each of the said districts Begisters and created by this act, a register and receiver of public moneys shall be receivers to be appointed, who shall give security in the same manner, and whose duties a PP u and authorities shall, in every respect, be the same, in relation to the lands which shall be disposed of at their offices, as are by law provided in relation to the registers and receivers of public moneys in the several offices established for the sale of the public lands, (a) (a) See Nos. 1156, 1157, 1158, 1166, 1200, 1209, 1234, 1254. 500 ARKANSAS. June 25, 18132. No. 1 192. AX ACT to confirm certain claims to land in the Territory of Arkansas. VoL 6, p. 498. Be it ena( . te d, $c., That the second, third, and fourth sections of the Part of act ot act, approved eighth May, one thousand eight hundred and thirty, enti- May 8, 1830, re- tied "An act for further extending the powers of the judges of the pealed so far as SU p e rior court of the Territory of Arkansas, under the act of the twenty- to be made am! sixth dav of Mav ' one thousand eight hundred and twenty -four, and patents issued to for other purposes," be, and the same are hereby repealed, so far as to certain persons, allow entries to be made and patents to be issued, to the following per- sons, for the number of arpens of land respectively affixed to the name of each, in the same manner as though the said act had never passed, viz: To John Battiste Billiette, four hundred arpens. To Stephen Vau- gine, four hundred arpens. To Harrold Still well, three hundred and twenty arpens. To Crittenden, Sevier, and Searcy, assignees of Ger- man Charbenau, three hundred and twenty arpens. To A. H. Sevier, four hundred arpens. To Looney Price, three hundred and twenty ar- pens. To Charles Refeld, four hundred arpens. To A. H. Sevier, as- signee of Solomon Bodwell, four hundred and forty arpens. To An- toine Beuuvois, four hundred and forty arpeus. To "Louis Placide, six hundred arpens. To John Still well, six hundred and forty arpens. To Noah Wall, six hundred and forty arpens. To Athanasse Racine, one hundred and sixty arpens. To Sylvanus Phillips, eight hundred arpens^ To James Scull, four hundred and eighty arpens. To Don Francis Vaugine, eight hundred arpens. To James Scull, three hundred and twenty arpens. To Francis Vaugine, eight hundred arpens. To Ter- rence *Farrelly and Mary his wife, assignees of John Lavergne, four hundred arpens. To Nathaniel Bassett, six hundred and forty arpens. To Joseph Bogy, three hundred and twenty arpens. To William Web- ber, three hundred and twenty arpens. To Marie Message, three hun- dred and twenty arpens. To William Patterson, three hundred and twenty arpens. To James Scull, assignee of John B. Duchassin, four hundred and eighty arpens. To A. H. Sevier, assignee of Sylvanus Phillips, who was assignee of Peter Edwards, four hundred arpens. To John B. Galliot, one hundred and sixty arpens. To William Russell, assignee of Sylvanus Phillips, assignee of Battiste Socia, six hundred and forty arpens. To James Scull, assignee of La Conrce, one hundred and twenty arpens. To James Scull, assignee of Michael Gimblet, two hundred and forty arpens. To Charles Refeld's heirs, eight hundred arpens. To Joseph Still well's heirs, three hundred and twenty arpeus. To John Henry Fooy, three hundred and twenty arpens (a) (a) See Xos. 974, 998, 1002, 1007, 1067, 1155, 1163, 1168, 1172, 1178, 1187, 1223, 1233, 1241. Jnlv 4 1832 Wo 1193. AN ACT to authorize the governor of the Territory of Arkansas to se- Vol. 4 'p. 563. lec * ten sections of land, granted to said Territory for the purpose of building a legislative house for said Territory, and for other purposes. Governortose- Be it enacted, $c., That all the authority and pewer is hereby vested in, and given to the governor of the Territory of Arkansas, which was vested in, and given to the legislature of the Territory of Arkansas, by an act of Congress of the second of March, one thousand eight hundred and thirty-one, by which a quantity of land not exceeding ten sections, was granted to said Territory for the purpose of raising a fund for the erection of a public building at Little Rock, the seat of government of said Territory. United States SEC. 2. And be it further enacted, That nothing herein contained shall not liable for ex- jj e 8O construed as authorizing any expense on the part of the United c* 11 ^^ States for selecting said lands, or building said house, other than the aforesaid grant of ten sections of the unappropriated public lands, (a) (a) See Xos. 1183, 1204, 1206. July 9, 1832. No. 1 194. AJN ACT for the final adjustment of private land claims in Missouri. VoL 4, p. 565. ****** Heirs of Carlos SEO. 5. And be it further enacted, That it shall be lawful for the heirs de Villemontof Carlos de Villemont to submit the evidence of their claim to a tract may submit evi- of land in Arkansas Territory, to a place called " Chi cot Point," to the ' said recorder and commissioners, and it shall be the duty of said re- Report there- corder and commissioners to report upon said claim in the manner that n. other claims provided for in this act are to be reported and proceeded upon. ARKANSAS. 501 W 1195. AN ACT further to extend the time for entering certain donation claims to land in the Territory of Arkansas. Feb. 20, 1833. Vol. 4, p. 619. Time for en- donation land Be it enacted, <$-c., That the provisions of the eighth and ninth sections of the act of Congress, approved the twenty- fourth day of May, one tering d thousand eight hundred and twenty-eight, entitled "An act to aid the extended 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 canals authorized by law, and for making donations of land to cer- tain persons in Arkansas Territory," and the provisions of the act, en- titled " An act restricting the location of certain land claims in the Ter- ritory of Arkansas, and for other purposes," approved the sixth of Jan- nary, one thousand eight hundred and twenty- nine ; and, also, the pro- visions of an act, entitled " An act to extend the time for locating cer- tain donations in Arkansas," approved the thirteenth January, one thousand eight hundred and thirty, be, and the same are hereby, con- tinued in force for the term of five years, from the twenty- fourth day of May, one thousand eight hundred and thirty-three : Provided, That Proviso, nothing in this act, or the foregoing acts, shall bo 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 do- nations under the before-recited act, which shall not have been pre- sented 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, (a) (a) See Nos. 1173, 1174, 1176, 1181, 1201, 1230, 1243. No. 1 196. AN A.CT supplementary to an act, entitled " An act concerning a sem- March 2, 1833. inary of learning in the Territory of Arkansas," approved the second of March, Vol.4, p. 661. eighteen hundred and twenty-seven. Be it enacted, in the y ear eighteen hundred and thirty-two, be, him by an act of and the same are hereby, ratified and confirmed : Provided, Said loca- July 4, 1832, con- tiou, sales, and transfers, were in conformity to legal subdivisions, be firmed. those divisions fractional quarter-sections or not : And provided, also, That the gross amount of acres of land thus located, sold, and trans- pro- ferret f or the purpose aforesaid, does not exceed six thousand four hun- dred acres ; and the President of the United States is hereby authorized and directed to cause patents to issue to said purchasers, their heirs, or their legal representatives, for the late governor's several locations, sales, an 1 transfers, whenever the applications are properly made by said purchasers or their legal representatives. Certain lands g EC 2. And be it further enacted, That the northeast and southwest s?ppi land dil- quarters of section twenty-seven, township eighteen south, range one trict, Arkansas, west, the southeast quarter of section twenty-eight, same township and Proviso. Further ARKANSAS. 507 range, the southwest quarter of section fifteen, township nineteen excepted from south, range one west, the northwest and southeast quarters of section jg 6 ^ . 101 "* <* nine, same township and range, allin the Mississippi land district, State of Arkansas, be, and the same are hereby, excepted from the provisions of this act. (a) (a) See Nos. 1183, 1193, 1204. No. 1207, AN ACT for the relief of James Barrett. June 28, ia38. Be it enacted, cfc., That James Barrett be, and he is hereby, entitled Yo1 ' 6| p ' 7a6> to a preference in becoming the purchaser, at private sale, of the east Right of pre- half of the southwest quarter of section seven, the east half of the emotion granted southeast quarter of section six, and the east half of the northwest to nim - quarter of section eighteen, all in township eleven north, in range eleven east, within the limits of the Batesville district, in Arkansas, on the same terms and conditions as are provided by law for the other public lands in the said district at private sale; and on the pre- sentation of the receiver of public moneys in said district for the pur- chase money thereof, to the Secretary of the Treasury, the said Jamea Barrett shall be entitled to patents from the United States. No. 1 208. AN ACT for the relief of Jacob Brown, confirming his purchases of July 5, 1838. certain land in Arkansas. Vol. 6, p. 727. Be it enacted, ^c., That the entries of the following- described tracts L an ^ entries or parcels of laud permitted to be made by the registers and receivers confirmed, and of the Little Rock and Helena land districts, under the belief that said patents to issue, tracts of land had been proclaimed and offered at public sale, and under circumstances which satisfied said officers that said tracts of laud were in market, and legally liable to be "so entered, to wit : The east frac- tional half of the southeast quarter of section thirty -six; the southeast quarter of the northeast quarter of section thirty-six ; the northeast quarter of section thirty-six ; the west half of the southeast quarter of section thirty-six ; the southeast quarter of section twenty-five, and the northeast quarter of section twenty-five, of fractional township ten, south of range one west, in the State of Arkansas, be, and the same are hereby, confirmed ; and patents shall issue to the purchasers as in other cases, any law to the contrary notwithstanding. No. 1209. AN ACT to establish additional land offices in the States of Louisiana July 7, 1838. and Arkansas. Vol. 5, p. 287. SEC. 5. And be it further enacted, That all that portion of the present "What portion Fayetteville district which lies south of the line between townships of FayetteviUe eleven and twelve north of the principal base line, shall form a separate called the Wes? land district, and be called the western land district, and the land office 6 rn district, for said district shall be established at the county seat of Johnson County or such other place as the President of the United States shall designate. j> eg i 8ter and SEC. 6. And le it further enacted, That there shall be appointed by the receiver to be ap- President, by and with the advice and consent of the Senate, under the pointed, existing laws, a register and receiver in and for said district, whose com- ?J ir com P en pensation shall be the same as provided for other registers and receivers ; s T h ' nece s S ary and it shall be the duty of the Secretary of the Treasury, as soon as it books, plats, &c. can be done, to cause the necessary tract-books, plats, maps and surveys pf the public of the public lands, in said district, to be filed in said office; and ^ applications for entries in said district shall be made as heretofore pre- scribed by law at the land offices now established, until the first day of June next, (a) (a) See Nos. 1156, 1157, 1158, 1166, 1191, 1200, 1234, 1254. No. 1210. AN ACT for the relief of Henry Wilson, confirming purchases of cer- Feb. 12, 1839. tain land in Arkansas. Vol. g, p. 749. Be it enacted, $-c., That the entries of the following-described tracts Land entries or parcels of land permitted to be made by the register of the land confirmed, office at Helena, on the twenty-fifth day of February, one thousand eight hundred and thirty- five, under the belief that the said tracts of 508 ARKANSAS. land had been proclaimed and offered at public sale, and under circum- stances that satisfied the land officers that the said tracts of land were in market and legally liable to be so entered ; viz : the east fractional part of the southwest quarter of fractional section one ; the northeast, northwest, and southeast fractional quarters, and the east half of the southwest quarter of fractional section twelve; and the northwest, southwest, and southeast fractional quarters of fractional section thir- teen, all in township ten south, of range one west, in the State of Ar- kansas, be, and the same are hereby, confirmed, and patents shall issue to the purchaser as in other cases, any law to the contrary notwith- standing. March 2, 1839. No. 1211. AN ACT for the relief of William W. Stevenson and Joseph Hen- Vol. 6, p. 752. derson. In lieu of cer- & e ** enacted, #c., That in lieu and full consideration of seventy-six tain land to acres, part of the southwest quarter of section two, township one north, which W. "W. and range twelve west, in the Territory of Arkansas, to which the said Irtridtehed hS WiUilMI1 W< Stevenson had established his right of pre-emption, but right of p 6 re-emp- which was embraced in the location of a thousand-acre tract granted tion, authorized by Congress for the erection of a court-house and jail at Little Rock, to enter, &c. i u said Territory, the said Stevenson is hereby authorized to enter at the proper land office, a quarter section of any of the unappropriated and unimproved laud in said Territory ; and upon making such entry, a patent shall issue as in other cases, conveying to the said Stevenson a fee-simple title to the same. In lieu of cer- SEC. 2. And be it further enacted, That in lieu and in full considera- tain land to tion of the southwest quarter of section one, in township one north, in TO* had estab- ran S e twelve west > (south of the Arkansas River,) in the Territory of lished his right Arkansas, to which Joseph Henderson had established his right of pre- of pre-emption, emption, but which was enclosed in the location of a thousand-acre authorized to en- tract granted by Congress for the erection of a court-house and jail at Little Rock, in said Territory, the said Henderson, his heirs or assigns, is hereby authorized to enter at the proper land office a quarter- section of any of the unappropriated and unimproved land in said Territory ; and upon making such entry, a patent shall issue as in other cases, conveying to said Henderson, his heirs or assigns, a fee-simple title to the same, (a) (a) See Nos. 1190, 1197. March 2, 1839. No. 1212. AN ACT for the relief of James Middleton Tattle, of Arkansas. Vol. 6, p. 753. !> e {t enac tfd i f c ., That as soon as James Middleton Tuttle shall file in Upon filing a ^ ne office of the Commissioner of the General Land Office a relinquish- relinquishment meut of all his right, title, claim, and interest in and to the south half of certain land, o f the southeast quarter or section number six, in township number six- 5f teen north, of range number thirty west of the fifth principal meridian, er tract to the United States of America, the President of the United States be, and he is hereby, authorized to issue a patent to the said James Mid- dleton Tuttle for the south half of the southwest quarter of section number five, in township number sixteen north, of range number thirty west of the fifth principal meridian, situate in the district of lands sub- ject to sale at Fayetteville, Arkansas Territory. March 2, 1839. No. 1213. AN ACT for the relief of John Davlin. Vol. 6, p. 758. J5 6 it enacted, $c., That John Davlin, of Arkansas, or his legal repre- On surrender- sentative, be, and he is hereby, authorized to surrender a patent to the ing a patent for United States, issued to him for three hundred and twenty acres of certain land, may land, covering the southwest quarter of section thirty-five, and the enter another southeast quarter of section thirty-four, in township two south, in range sixteen west of the fifth principal meridian, of which he is the rightful owner ; and, when the said Davlin, or his representative, shall surrender the said patent, and reconvey the aforesaid quarter-section to the United States, in such form as the Commissioner of the General Laud Office shall designate, it shall be lawful for the said Davlin, or his legal repre- sentative, to enter, in lieu of the land by this act authorized to be sur- rendered, three hundred and twenty acres of any of the unappropriated Proviso. lands subject to private entry, in the State of Arkansas : Provided, The selection is made within two years from the passage of this act. (a) (a) See No. 1231. ARKANSAS. 509> No. 1214. AN ACT for the relief of John Borey, of Arkansas. March 3, 1839. Be it enacted, $-c., That it shall be the duty of the register and re- ceiver of the land office at Little Rock, in the State of Arkansas, to Patent certifl- surrender to John Borey, or his legal representative, the patent certifi- d!redto h^ Urr J n ~ cate (number two hundred and seventy-eight) which was issued to said John Borey, for the east half of fractional section twenty-three, in town- ship one, south, and in range eleven west ; and that said register and receiver be authorized to consider said land as other public land, and that the said John Borey, or his legal representative, be authorized to locate, in any land office in Arkansas, three hundred and twenty acres of any of the public land, conformably to legal subdivisions : Provided, Proviso. The same be subject to private entry. And for the land thus located, it shall be the duty of the proper register and receiver to issue a patent ' certificate, and for the President to issue a patent therefor : Provided, Proviso further, That in case the title to the lands for which his patent certifi- cate was taken have become vested in him, he shall reconvey the same to the Government, and produce to the Secretary of the Treasury satis- factory evidence that said lands so reconveyed are free from encum- brance. No. 1215. AN ACT for the relief of William Marcus, of Arkansas. March 3, 1839. Be it enacted, #c., That William Marcus be, and he is hereby, author- ized to enter one quarter-section of land, by legal subdivisions, of any Authorized to of the vacant unappropriated and unoccupied public lands in the State f^p a tract of of Arkansas, at the price of one dollar and twenty-five cents per acre, in the proper land office. No. 121 6. AN ACT to revive an act authorizing certain soldiers in the late war May 27, 1840. to surrender the bounty lands drawn by them and to locate others in lieu thereof, Vol. 5 p. 380. and for other purposes. Be it enacted, $*c., That the act of the twenty-second of May, one Act of May 22, thousand eight hundred and twenty-six, entitled "An act authorizing 1826, revived and certain soldiers in the late war to surrender the bounty lands drawn by j[ i^ 6 u them, and to locate others in lieu thereof," be, and the same is hereby, revived and continued in force for the term of five years ; and the pro- visions of the above recited act shall be, and are hereby, extended to those having like claims in the States of Illinois and Missouri, (a) (a) See Nos. 458, 1154, 1159, 1167, 1177, 1204, 1240, 1245. No, 1217. AN ACT for the relief of James L. Cochran. June 1, 1840. Be U enacted, reserved from sale, and appropriated for the use of schools, in^euof schools in said township, in lieu of the southwest fractional quarter and other land. the southeast fractional quarter of section sixteen, in that township; and the east half of section number fifteen, in township number six south, of range two east, shall be taken and held, in all respects, and for the same purposes, as the aforesaid fractional quarters of sec m number sixteen would have been held and taken if this act had , been passed, the majority of the citizens of said township having agree . to the same, (a) Mary Tucker, SEC. 2. And be it further enacted, That Mary Tucker, the occupant upon thorized P S 1 enter sai ' 1 fractioiia l quarter-sections, be, and is hereby, authorized to enter said land. tne 8ame within six months from the passage of this act, at one dollar and twenty-five cents per acre, in the proper land office, (b) (a) See Nos. 418, 989, 1175, 1179, 1199, 1203, 1204, 1227, 1229, 1237. (b) See No. 1228. March 19, 1842. No. 1220. AN ACT to authorize the governors of the States of Illinois, Arkansas Vol. 5, p. 471. and Missouri to cause to be selected the lands therein mentioned. [Governors of Arkansas, &c., may select grants of land for internal improvement, made by act of September 4, 1841. See ILLINOIS, No. 410.] March 3, 1841. No. 1221. AN ACT for the relief of Joseph Bogy. Be it enacted, fc., That Joseph Bogy, to whom was confirmed a con- Authorized to cession of three hundred and twenty arpens of land in Arkansas, by ocate ; , tract of m i s t a ke for eight hundred arpens, be, and he is hereby, empowered to locate four hundred and eighty arpens of land on any land subject to sale at private entry, in the State of Arkansas. April 14, 1842. No. 1222. AN ACT for the relief of James Smith, of Arkansas. Be it enacted, $-c., That James Smith, of the State of Arkansas, be, and Authorized to he is hereby, authorized to enter without payment, in lieu of one frac- enter certain tional quarter and two half-quarters of land, which the register and re- land'sold hfm by ceiver of the land office at Little Rock sold to him through mistake, and mistake. upon which he made valuable improvements, but which lands were sub- sequently sold and patented by the United States to James Brown, three hundred and twenty acres of the unappropriated and unimproved lands of the United States in the Helena land district, in the State of Ar- Aug. 11, 1842. No. 1223. AN ACT to settle the title to certain tracts of land in the State of AT Vol. 5, p. 505. kansas. Owners of cer- Be it enacted <$-c , That each and every owner of a Spanish or French tain Spanish aud land claim, in the State of Arkansas, which was submitted for adjudica- French landf ion to the superior court of the late Territory of Arkansas, and by that zed^o enteAVe court confirmed, being subsequent purchasers for a valuable considera- game tion, is hereby authorized, within twelve months from the passage of this aci, to enter, respectively, the land covered by the said claim, at the minimum price, under such regulations as the Commissioner of the Proviso. General Land Office shall prescribe : Provided, That no such entry shall be made, except of lands mentioned and described in the original claim, or of such tracts as have been located in pursuance of the act of the twenty-sixth of May, eighteen hundred and twenty-four, entitled "An act enabling the claimants to lands within the limits of the State of Missouri and Territory of Arkansas to institute proceedings to try the validity of their claims," or any act reviving the same; nor un- less the owner of the claim shall make and subscribe an oath, before the register or receiver of the land office of the district in which the lands lie, which oath such register or receiver is hereby authorized to admin- ister, that at the time he became the owner of the claim he had no notice or knowledge that the claim was fraudulent, or that the same rested ARKANSAS. 511 upon any forged warrant, grant, order of survey, or other evidence of title. And, for every entry made under the provisions of this act, a Patents to issue. patent shall issue, as though no Spanish or French claim had ever been entered upon said land, (a) (a) See Nos. 974, 998, 1002, 1007, 1067, 1155, 1163, 1168, 1172, 1178, 1187, 1192, 1233, 1241. No. 1224. AN ACT for the relief of Rees B. Ward. Aug. 11, 1842. Be it enacted, $c., That upon the surrender, by Rees B. Ward, his heirs Vol. 6, p. 850. or legal representatives, to be cancelled, to the Secretary of the Treas- Authorized, on ury, of the certificate, or the patent, if the same shall have been issued, surrendering cer- for the northwest quarter of the northwest quarter of section num- tain land, to enter bered twenty-three, in the township numbered nine, north of range nuin- anotlier tract, bered twenty -six west, in the district of land subject to eale at Johnson Courthouse, in the State of Arkansas, entered by the said Rees B. Ward by mistake, he or they shall be authorized to enter in lieu thereof, a like quantity of public land subject to private entry in said district, and not in the occupancy of any bona-fide settler : Provided, That said land so Proviso, entered by the said Rees B. Ward by mistake shall not previous to such surrender have been sold to a bona-fide purchaser. No. 1225. AN ACT for the relief of William Wynn. Aug. 11, 1842. Vol. 6, p. 851. of Arkansas, be permitted a pre-emptive right of entry at private sale, Allowed a pre- lit in Be it enacted, P- 853 ' legal representatives, to prove his pre-emption right, at the proper land May prove his office, to the northwest fractional section, number twenty, in township p re- em p tion number four, north of range number eight east, containing one hundred righ* to certain and forfcy-seven acres and sixty-five hundredths of an acre, situate in a ' the county of Crittenden, in the State of Arkansas, and upon such proof, to the satisfaction of the proper land officers, and the payment of the minimum price, per acre, for the land, a patent shall issue to the said Richard Higgins, or his legal representatives, for the same : Provided, Proviso. Said proof and payment shall be made within one year from the date of this act : And provided, also, That said Richard Higgins shall prove to Proviso, the satisfaction of the Secretary of the Treasury that he is the bona-fide vendee of the claim of John J. Bowie under a grant from the Spanish authorities to the same. No. 1227. AN ACT to authorize the inhabitants of township eight north, range Aug. 2sJ, 1842. thirty-two west, in the State of Arkansas, to enter a section of land in lieu of the vol. 6, p. 868. sixteenth section in said township, upon condition that the same is surrendered to the L T Dited States for military purposes. Be it enacted, fyc., That the inhabitants of township eight north, Authorized to range thirty-two west, in the State of Arkansas, be and they are hereby, en *er certain authorized to enter one section of land in quarter-sections, of any lands that may be subject to entry in the Fayetteville land district ; which lands, so entered, shall be held by the inhabitants of said township upon 512 ARKANSAS. the same conditions, and for the same, purposes, as they now hold the sixteenth section in said township, upon the condition that the inhabit- ants of said township, under the authority of the State of Arkansas, shall relinquish to the United States the sixteenth section in township eight north, range thirty-two west, under such regulations as the Secre- Proviao. tary of the Treasury may prescribe : Provided, The President of the United States shall deem it expedient to obtain said section sixteen in township eight, range thirty- two, to be used for military purposes, (a) (a) See Xos. 418, 989, 1175, 1179, 1199, 1203, 1204, 1219, 1229, 1237. Jan. 2?, 1843. No. 1228. AX ACT to revive the act for the relief of Mary Tucker. VoL 6, p. 881. Be it enac t e d, f c ., That the act for the relief of Mary Tucker, approved Act of Feb. 27, on the twenty-seventh day of February, eighteen hundred and forty - 1841, revived and one, be, and the same is hereby, revived and continued in force for the continued for 12 term of twelve mouths from the passage of this act : Provided, it shall months. appear to the satisfaction of the Commissioner of the General Land Office, that the said Mary Tucker was not advised of the limitation of said act, until after the six months within which she was required by said act to enter the land occupied by her had expired, (a) (a) See No. 1219. Feb. 15, 1843. No. 1 229. AX ACT to authorize the legislatures of the States of Illinois, Arkansas, VoL 5, p. 600. Louisiana, and Tennessee, to sell the lands heretofore appropriated for the use of schools in those States. [See ILLINOIS, No. 418.] March 1, 1843. No. 1230. AX ACT to perfect the titles to lands south of the Arkansas River, Vol. 5, p. 603. . held under Xew Madrid locations, and pre-emption rights under the act of one thou- sand eight hundred and fourteen [fifteen]. Certain 1 oca- fo ft enacted, tj'-c., That the locations heretofore made of warrants rants issued" issued untler tlle act of the seventeenth of February, one thousand der act of Febra- eight hundred and fifteen, entitled "An act for the relief of the inhabit- ary 17, 1815, per- ants of the late county of New Madrid, in Missouri Territory, who suf- fected. fered by earthquakes" of those locations which were made on the south side of the Arkansas River, if made in pursuance of the provisions of that act in other respects, shall be perfected into grants, ir like manner as if the Indian title to the lands on the south side of said river had been completely extinguished at the time of the passage of said act. Owners of war- SEC. 2. And be it further enacted, That in all cases in which the loca- rants authorized tions so made on the south side of the Arkansas River may have been lands 11 in* certain 8old > and tne lands thus located under the act aforesaid have been ap- cases.' propriated by the United States, the owner of the warrants issued under the provisions of the act aforesaid shall have a right to enter, within twelve months after the passage of this act, without payment, the like quantity of the public lands, of any of the unappropriated and unimproved lands in the State of Arkansas, corresponding with the legal subdivisions. Settlers south SEC. 3. And be it further enacted, That every settler on the public lands of the Arkansas 8on th o f the Arkansas River shall be entitled to the same benefits ac- fits 1 o*f pre-enap^- cruing under the provisions of the pre-emption act of one thousand tion act of 1815. eight hundred and fourteen [fifteen], as though they had resided north of said river, (a) Certain Chero- SEC. 4. And be it further enacted, That all Cherokee pre-emptions kee pre-einp- which have been or may be located upon any of the surveyed lands of tions confirmed. the United states, south of the base line in Arkansas, shall be confirmed, and patents shall issue thereon as in other cases. (a) See Xos. 421, 1160, 117?, 1200, 1236, 1245, 1255, 1258, 1261. (&) See Xos. 1173, 1174, 1176, 1181, 1195, 1201, 1243. March 3, 1843. No. 1231. AX ACT to revive an act entitled "An act for the relief of John Davlin." Vol. 6, p. 901. Be it enact $ t f c . t That the act entitled "An act for the relief of John Act of March 2, Davlin," approved on the second day of March, eighteen hundred and 1839, revived. thirty-nine, be, and the same is hereby, revived in favor of the said John Davlin, or his legal representatives, and shall continue in force twelve months from and after the passage of this act. (a) (a) See No. 1213. ARKANSAS. 5 1 3 No. 1233 AN ACT for the relief of Eaton Nance. June 15, 1844. Whereas it satisfactorily appears that on the second day of July, eighteen hundied and twenty-one, a patent issued from the General Preamble. Land Office of the United States, where the same was duly recorded, to Eaton Nance for a certain tract of land containing one hundred and sixty acres, being the southeast quarter of section thirty-four, of town- ship ten north in range eight west in the tract appropriated by certain acts of Congress for military bounties, in the Territory of Arkansas which said patent was duly countersigned by Josiah Meigs, Commis- sioner of the General Land Office, but by accident was not signed by the President of the United States. Therefore, Be it enacted, $c., That said patent shallbe deemed and held to be per- Patent to be feet and valid to all intents and purposes as though the same had been held perfect signed by the President of the United States on the day of the date J^ daS thereof ; and that all questions or disputes that may arise in relation to said land or the title to the same, shall be decided and determined as though said patent had been perfect from the day of its date. No. 1233. AN" ACT to provide for the adjustment of land claims within the States June 17, 1844. of Missouri, Arkansas, and Louisiana, and in those parts of the States of Missis- Vol. 5, p. 676. sippi and Alabama south of the thirty-first degree of north latitude, and between the Mississippi and Perdido rivers. [See MISSOURI, No. 1067.] No. 1234. AN ACT to organize a new land district in the southern part of the Feb. 20, 1845. State of Arkansas. Vol. 5, p. 725. Be it enacted, #c., That the section of country in the southern part of Champagnole the State of Arkansas, south of the base line, and east of the meridian, land district es- comprised within the following boundaries, to wit : Between the line tablished. dividing ranges five and six on the east, the line dividing ranges twenty and twenty-one on the west, the dividing line between townships ten and eleven on the north, and the State line on the south, be made to form a separate district, to be called the Champagnole district, the seat of the land office for which shall be at the town of Champagnole, and Office to be in be subject to removal by the President of the United States, whenever, Champagnole. in his judgment, it may be proper so to do. SEC. 2. And be it further enacted, That there shall be a register and re- Register and ceiver of public moneys appointed for said land district, who shall give receiver to be ap- security in the same manner and in the same sums, and whose duties P mted > &c - and authority, compensation and emoluments, shall in every respect be the same, in relation to the lands to be disposed of in said district, as are or may be provided by law in relation to the registers and re- ceivers of public money in the several offices established for the sale of the public lands. SEC. 3. And be it further enacted, That it shall be the duty of the Eegisters, &c., registers and receivers for the districts of land subject to sale at Little at -Little m Rock Rock and Washington, in the State aforesaid, under the direction of to trSerdlcu" the Commissioner of the General Land Office, to transfer to the register me nts, &c. and receiver for the district hereby created all the proper evidences, documents, records, and township plats, in relation to lands heretofore sold or subject to sale at those offices, respectively, which fall within the limits of the district hereby created, (a) SEC. 4. And be it further enacted, That this act shall take effect and be Act to take ef- in force from and after the expiration of three calendar months from feet in three the date of the passing hereof. (a) See Nos. 1156, 1157, 1158, 1166, 1191, 1200, 1209, 1264. No. 1235. AN ACT forthe relief of David F. Williamson, of Pope County, State April 27, 1846. of Arkansas. Vol. 9, p. 650. Be it enacted, fc., That the entry of the northwest quarter of section Entry O f 8ec - number twenty-nine, in township number eight north of range num- tion in tne na me ber twenty west, in the name of David F. Williamson, made at the of David F. Will- Johnson Courthouse land office, in the State of Arkansas, per certificate iamson confirm, number six hundred and seventeen of that office, be, and the same is \^ hereby, confirmed, and a patent shall issue thereon as in other cases. 33 L O VOL II 514 ARKANSAS. July H, 1846. No. 1236. AN ACT to authorize the President of the United States to sell the re- Vol. 9, p. 37. served mineral lands in the States of Illinois and Arkansas, and Territories of Wis- consin and Iowa, supposed to contain lead ore. [See ILLINOIS, No. 421.] July 29, 1846. Vol. 9, p. 42. Preamble. No. 1237. AN ACT giving the assent of Congress to a change of the compact entered into between the United States and the State of Arkansas, on her admission into the Union. Whereas the Congress of the United States, by an act supplementary to an act for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes, approved June twenty-third, eighteen hundred and thirty-six, in the fifth proposition made to the State of Arkansas, and which was subsequently accepted by the gen- eral assembly of the State of Arkansas, provided that the two entire townships of land located by virtue of an act of Congress entitled "An act concerning a seminary of learning in the Territory of Arkansas," approved the second day of March, eighteen hundred and twenty-seven, which, by the first-recited act of Congress, were vested in and confirmed to the general assembly of the State of Arkansas, to be appropriated solely to the use and support of a university in said State : And whereas the general assembly of the State of Arkansas have, by their resolution, approved December eighteen, eighteen hundred and forty- four, asked for a modification of said compact, to authorize said general assembly to appropriate said seventy-two sections of land to common school pur- poses : Therefore Assent of Con- Be it enacted, $'c., That the assent of Congress be, and is hereby, given gress given to a ^ o ^ ae change in said compact asked for by the said general assembly, confp"c^ 6 8*0 as 80 as to ail thorize and empower the general assembly of the State of to authorize the Arkansas, and they are hereby authorized and empowered, to appropri- appropriation of ate said seventy-two sections of land (a) for the use and benefit of com- land 8e f C o t r 0n8 hi mon 8unools in 8ai(1 State, or in any other mode the said general assem- purposes, &c. ^ly mav deem proper, for the promotion of education in said State. (&) (a) See Nos. 989, 1169, 1196, 1203, 1204. (b) See Nos. 418,989, 1175, 1179, 1199, 1203, 1204, 1219, 1227, 1229. March 3, 1847. Vol. 9, p. 181. No. 1238. AX ACT to give the consent of Congress to the sale of certain salt-spring lands heretofore granted to the States of Michigan, Illinois, and Arkansas. Sale of saline SEC. 3. And be it further enacted, That the State of Arkansas shall be, lands granted to and hereby is, authorized to sell, in such manner as the legislature of sas authorized 8ai(1 State shall by law direct, the whole or any part of the saline lands, granted to said State by virtue of an act supplementary to the act enti- tled "An act for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes," approved June twenty-third, eighteen hundred and thirty -six. (a) (a) See Nos. 989, 1186, 1203, 1204. Feb. 15, 1848. VoL 9, p. 211. No. 1 239. AN ACT to confirm the boundary line between Missouri and Arkansas. [See MISSOURI, No. 1076.] July 25, 1848. N O> 1240. AN ACT to revive an act authorizing certain soldiers in the late war Vol. 9, p. 251. [ With Great Britain] to surrender the bounty lands drawn by them, and to locate Certain soldiers others in Ueu them>f ' in the late war Be it enacted, $c., That it shall and may be lawful for any soldier in with Great Brit- tlu} late war witu Great Britain, to whom bounty land has been allotted Sr "lie bounty" and patented in the State of Arkansas, which was aud is unfit for cul- lands drawn by tivation, to surrender said patent, and to receive in -lieu therof tbe same them in Arkau- quantity of any of the public land subject to private entry as he may se- oth>r ail ?a r d Cei IS lect: Provided, That before receiving such new land, it shall be proved, lieu thereof. to the satisfaction of the Commissioner of the General Land Office, Proviso. ' that the land so allotted and patented to said soldier is unfit for culti- ARKANSAS. 515 vatiou, and that said soldier has never disposed of his interest in said land by any sale of his own, and that the same had not been taken or disposed of for his debts due to any individual, and that he shall release all his interest in the same to the United States, in such way as said ^ Commissioner shall prescribe ; and such surrender and location shall be made within five years from the passing of this act. (a) (a) Sea Nos. 458, 1154, 1159, 1167, 1177, 1204, 1216, 1245. No. 1241. AN ACT to settle the title to certain tracts of land in the State of Ar- March 3, 1849. kansas. Yol. 9, p. 400. Be it enacted, #c., That each and every owner of a Spanish or French Owners of cer . land claim, or any part thereof, in the State of Arkansas, which was tain Spanish or submitted for adjudication to the superior court of the late Territory of French claims Arkansas, and by that court confirmed, being a bona-fide subsequent authorized to en- purchaser for a valuable consideration, is hereby authorized to enter, ere'd by saTd within one year from the passage of this act, the land covered by said claims, claim, or less quantity thereof, to be embraced in any legal subdivision, at the minimum price, under such regulations as the Commissioner of the General Land Office shall prescribe : Provided, however, That the Proviso, owner aforesaid shall be an occupant or cultivator of said land. SEC. 2. And be it further enacted, That, after the lapse of two years After two years, from the approval of this act, the sale of the lands embraced by the de- l ands reserved ereesof the superior court of Arkansas, which were on bills of review re- g^ m 8i versed, and which the President was, by the act of eighteen hundred and thirty-two, required to reserve from sale, which may then remain the property of the United States, shall no longer be reserved from sale by the President of the United States, and that the same may be brought into market under the existing laws, (a) (a) See Nos. 974, 998, 1002, 1007, 1067, 1155, 11G3, 1168, 1172, 1178, 1187, 1192, 1223, 1233. No. 1342. AN ACT for the relief of Joseph P. Williams. July 29, 1850. Be it enacted, #c., That the entry of the southwest quarter of section Yol> 9 ' p 799t twenty-five, in township number thirteen, north, of range ten east, in the Land title con- district of lands subject to sale at Helena, in the State of Arkansas, by firmed to J. P. Joseph P. Williams, of the county of Mississippi and State aforesaid, be, Williams, and the same is hereby, confirmed : Provided, That, before this act shall Proviso, take effect, the said Joseph P. Williams shall surrender to the Commis- sioner of the General Land Office Choctaw certificate number thirteen, and Cherokee pre-emption certificate number eighty-eight, or, in such manner as the said Commissioner shall direct, secure the Government against the validity of the same, and prove, also, that there are no con- flicting claims to said land. No. 1243. AN ACT in relation to donations of land to certain persons in the State Aug, 30, 1850. of Arkansas. Yol. 9, p. 446. Be it enacted, #c., That all claims to donations of land in the State of claims to do- Arkansas, which have been adjudicated and allowed by the register and nations of land receiver of the proper land district, in virtue of the provisions of the in Arkansas, al- eighth section of the act of Congress, approved on the twenty-fourth of ^^ T officer 6 May, one thousand eight hundred and twenty-eight, entitled "An act to which have aid the State of Ohio in extending the Miami Canal from Dayton to yielded to other Lake Erie, and to grant a quantity of land to said State, to aid in the rights and not construction of canals authorized by law, and for making donations of be entered w i tn . land to certain persons in Arkansas Territory," and of other subsequent i n one year, un. acts of Congress on the same subject, and which have not been located der certain re- and patent certificates issued therefor, or which, having been so lo- stnctions. cated, were compelled to yield to other and prior rights, either in whole or in part, and not subsequently relocated within the period fixed by law, may be entered wilh the register of any one of the land offices in the State of Arkansas, at any time within one year from the passage of this act, in the same manner, and under the same restrictions and con- ditions, as existed prior to the twenty-fourth day of May, one thousand eight hundred and thirty-eight, the day last limited for the location of these claims: Provided, That no such claim shall be so located against Proviso, which fraud has been or may be alleged until all objection thereto shall have been removed, to the satisfaction of the Commissioner of the Gen- eral Land Office, (a) (a) See Nos. 1173, 1174, 1176, 1181, 1195, 1201, 1230. 516 ARKANSAS. Sept. 23. 1850. No. 1444. AX ACT to enable the State of Arkansas and other States to reclaim Vol. 9, p. 519. the "swamplands," within their limits. Swamp and Be it enacted, <$-c., That to enable the State of Arkansas to construct overflowed lands the necessary levees and drains to reclaim the swamp and overflowed unfit for estiva- lands therein, the whole of those swamp and overflowed lands, made Arkansas. unfit thereby for cultivation, which shall remain unsold at the passage of this act, shall be, and the same are hereby, granted to said State. Secretary of the SEC. 2. And be it further enacted, That it shall be the duty of the Sec- ou^ e Hst r and I pi a ats retar y of tne Int ' erior > as soon as may be practicable after the passage of said land; aud of this act, to make out an accurate list and plats of the lands described when requested, as aforesaid, and transmit the same to the governor of the State of Ar- to grant a patent kansas, and, at the request of said governor, cause a patent to be issued inthf State! to the Sta * e therefor ; and on that patent, the fee-simple to said lands Arkansas. shall vest in the said State of Arkansas, subject to the disposal of the Proviso. legislature thereof : Provided, however, That the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied, exclusively, as far as necessary, to the purpose of reclaiming said lands bv means of the levees and drain8 aforesaid, division is unfit SEC. 3. And be it further enacted, That in making out a list and plats for cultivation, it of the land aforesaid, all legal subdivisions, the greater part of which shall be included [& we t and unfit for cultivation," shall be included in said list and the 8 greater^ part P^ 8 5 ^ut when the greater part of a subdivision is not of that char- be not of that acter, the whole of it shall be excluded therefrom, character, it shall SEC. 4. And be it further enacted, That the provisions of this act be be excluded. extended to, and their benefits be conferred upon, each of the other thisact 'extended States of the Union in which such swamp and overflowed lands, known to other States as designated as aforesaid, may be situated, possessing such lands. July 12, 1852. No. 1245. AN ACT to release from reservation, and restore to the mass of public Vol. 10. p. 14. lands, certain lands in the State of Arkansas. Undisposed Be ^ enacted, uch lauds into the possession of a receiver ai"ceiver aPPOin to be appointed by the court, who shall take charge of and rent out the same for the United States, until Congress shall by law direct how the Duty of re- same shall be disposed of, which said receiver shall execute a sufficient ceivtr. bond to be approved by the court, conditioned for the faithful perform- ance of his duties as such, render a strict account of the manner in which he shall have discharged said duties, and of all moneys received by him as a receiver as aforesaid, which shall be by said court approved or rejected accordingly as it may be found correct or not, and pay such moneys into the Treasury of the United States; and he shall receive Compensation, such reasonable compensation for his services as said court may allow, How may be and in case of a failure of said receiver to discharge any duty'devolv- compelled to do i n g upon him as such, the court shall have power to enforce the per- his duty. formance of the same by rule and attachment. But if the court shall If decision is in decide in favor of any claimant, both as against the United States and favor of claim- other claimants, it shall so decree, and proceed by proper process to put But'inpossession 6ucl1 successful claimant in possession of such portion thereof as he may ' be thus found to be entitled to, and upon the filing of a certified copy Patent to be of such decree with the Secretary of the Interior, he shall cause a pat- issued, ent to be issued to the party in whose favor.such decree shall be ren- Either party dered for the lands therein adjudged to him: Provided, That either may appeal to party may within ninety days after the rendition of any final judgment Supreme Court. or decree in any suit authorized by this act, carry such suit by appeal Jurisdiction of to the Supreme Court of the United States, which Court is hereby vested the Court. with full jurisdiction to hear and determine the same on such appeal, in the same manner and with the same effect as in cases of appeal in equity causes from the circuit courts of the United States: And pro- Duty of Attor- vided further, That in case the judgment or decree of the Court of Claims ney-General in in any such suit shall be adverse to the United States, the Attorney- case of appeal. General shall prosecute such appeal within the time above prescribed ' t and the taking of an appeal from any such judgment or decree shall Effect of ap- operate as a supersedeas thereof until the final hearing and judgment P eal - of the Supreme Court thereon, (a) (a) See Nos. 1186, 1258, 1259, 1260, 1262, 1263. July 14, 1870. No. 1254. AN ACT to discontinue the Clarksville, Arkansas, land district and VoL*16, p, 277. the establishment of an additional land district in that State. Clarksville Be ** enacted, fc., That the district of lands now subject to disposal at land district, Ar- Clarksville, Arkansas, be, and the same is hereby, discontinued from kansas, discon- and alter the first day of July, eighteen hundred and seventy, and that tinued. thereafter the said land district be divided as follows : Beginning at the corner common to townships twelve and thirteen north, ranges sev- enteen and eighteen west, and running thence west between said town- ships to the corner common to townships twelve and thirteen north, ranges twenty-six and twenty-seven west ; thence south with said range line to the corner common of townships nine and ten north ; thence Hairison and west on the line between said townships to the western boundary of the Dardanelle land State, the lands lying north of said division line, and within the limits U8hed Ct in Arka^i- of the 8aid Clarksville district, to be subject to disposal at Harrison, Baa. Arkansas, and those lands lying south of said division line within said district to be subject to disposal at Dardanelle, Arkansas, to be known and designated as the Harrison and Dardanelle land distiict. ARKANSAS. 519 SEC. a. And be it further enacted, That the President of the United Register and States is hereby authorized to appoint, by and with the advice and con- re sent of the Senate of the United States, or during the recess thereof, and until the end of the next ensuing session, a register and receiver for each of said land districts, who shall be required to reside at the Residence, du- site 01 their respective offices, who shall be subject to the same laws ties, and fees. and responsibilities, and whose compensation and fees shall be re- spectively the same per annum as are now allowed by law to other land offices in said State, (a) (a) See Nos. 1156, 1157, 1158, 1166, 1191, 1200, 1209, 1234. No. 1 255. AN ACT to provide for the disposition of useless military reservations. Feb. 24, 1871. [Provisions for sale of military reservations at Forts Wayne and YoL 16 P- 43 - Smith, &c. See WASHINGTON TERRITORY, No. 230.">.] No. 1256. AN" ACT to authorize the issuance of college scrip to the State of Dec. 13, 1872. Arkansas, and for other purposes. Vol. 17, p. 397. Whereas, the State of Arkansas has complied with all the provisions and requirements of an act entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July second, eighteen hundred and sixty -two, and other acts amendatory thereto : Therefore, Be it enacted, fie., That the Secretary of the Department of the In- College scrip to terior be, and he is hereby, authorized and directed to issue at once, and be issued to the deliver to the secretary of the State of Arkansas, the full amount of f*f | n d f t^Jhe college scrip, to wit, one hundred and fifty thousand acres, and ninety Florida State Ag- thousaud acres to the secretary of the board of trustees of the Florida rlcultural c ol- State Agricultural College of the State of Florida, as provided for in lege. said act, to be used and appropriated to and for the purposes and ob- jects in said act specified, and none other : Provided, That no scrip as aforesaid shall be delivered to the authorities of the State of Arkansas gtate of Ar . until said State shall have made some satisfactory arrangement byk ansas to first which the bonds of said State, principal and interest, now held by the fund certain old United States as Indian trust funds, shall be funded in new bonds au- bonds, thorized to be issued by said State for this purpose. No. 1257. AN ACT to establish the boundary line between the State of Arkansas March 3, 1875. and the Indian country. Vol. 18, p. 476. Be it enacted, #c., That the boundary line between the State of Arkan- Boundary line sas and the Indian country, as originally surveyed and marked, and between Arkan- upon which the lines of the surveys of the public lands in the State of sas and the In- Aikansas were closed, be, and the same is hereby, declared to be the dian country, permanent boundary line between the said State of Arkansas and the Indian country. SEC. 2. That the Secretary of the Interior shall, as soon as practica- Boundary line ble, cause the boundary line, as fixed in the forgoing section, to be re- to be retraced, traced and marked in a distinct and permanent manner ; and if the &c> original line, when retraced, shall be found to differ in any respect from what the boundary line would be if run in accordance with the provi- sions of the treaties establishing the eastern boundary line of the Choc- Variations to taw and Cherokee Nations, then the surveyors shall note such variations be noted, &c. and compute the area of the land which in that case would be taken from the State of Arkansas or the Indian country, as the case may be; and the Secretary of the Interior shall also cause any monuments set up in any former survey indicating any line at variance with the sur- vey provided for in this act to be obliterated, (a) (a) See Nos. 762, 1076, 1156, 1161, 1171, 1203, 1204, 1239. No. 1258.-AN ACT in relation to the Hot Springs reservation in the State of March 3,1877. Arkansas. Vol. 19, p. 377. Be it enacted, eluded in the permanent reservation, be, and the same are hereby, ARKANSAS. 525 ceded to the corporation of the town of Hot Springs for public use: Provided however That nothing in this act shall be so construed as to impair the rights or equities conferred upon claimants to said lands by an act of Congress approved March third, eighteen hundred and seventy - seven, and an act approved December sixteenth eighteen hundred and seventy -eight, in relation to the Hot Springs reservation in the State of Arkansas. SEC. 7. That that portion of the Hot Springs reservation laid off into Lots not award- lots and blocks and forming part of the town site, but not awarded to ed or otherwise any claimants, and not otherwise disposed of or reserved by this act, disposed of to be shall be sold at public auction to the highest bidder, at not less than JJotion its appraised value, to be made from time to time, at the discretion and under the direction of the Secretary of the Interior, and after public notice in the usual way in the sale of public lands ; and the money arising from said sales, as well as any money paid in under section one of this act, shall be held as a special fund for the improvement and care of the permanent reservation at Hot Springs and of the Hot Springs Disposition of Creek adjacent to and between the permanent reservations, and for the proceeds of sale, maintenance of free baths for the invalid poor of the United States, as provided by acts of Congress, (a) (a) See Nos. 1186, 1253, 1258, 1259, 1260, 1262. MISSISSIPPI. April 7, 1798. Wo. 1264. AN ACT for an amicable settlement of limits with the State of Geor- Vol. 1, p. 549. gi a > an d authorizing the establishment of a government in the Mississippi Territory. President au- -^ e ^ enacted, $c., That the President of the United States be, and he thorized to ap- hereby is authorized to appoint three commissioners ; any two of whom point commis- shall have power to adjust and determine with such commissioners as the ne ?nterferiif * ma -Y be appointed under the legislative authority of the State of Georgia, claims to certain all interfering claims of the United States and that State, to territory territory. situate west of the river Cbatahouchee, north of the thirty-first degree And to receive ^ nor t n latitude, and south of the cession made to the United States proposals for the ^J South Carolina : and also to receive any proposals for the relinqnish- cession of other rnent or cession of the whole or any part of the other territory claimed territory claimed by the State of Georgia, and out of the ordinary jurisdiction thereof. SEC. 2. Be it further enacted, That all the lands thus ascertained as the Lands ascer- property of the United States, shall be disposed of in such manner as tained to be the sn all be hereafter directed by law; and the nett proceeds thereof shall ^'nited^St'ates be applied to the sinking and discharging the publicdebt of the United how to be dis- States, in the same manner as the proceeds of the other public lands in posed of. the territory northwest of the river Ohio. Certain terri- SEC. 3. Be it further enacted, That all that tract of country bounded on tory ^ cousti 1 - ^ De wes t by the Mississippi ; on the north by a line to be drawn due east tuted a district, from the mouth of the Yasous to the Chatahouchee River ; on the east to be called the by the river Chatahouchee; and on the south by the thirty-first degree ri2Sy Br ~ of north latitude, shall be, and hereby is constituted one district, to be called the Mississippi Territory : and the President of the United States President au- j s hereby authorized to establish therein a government in all respects lislia govern- simil ar to that now exercised in the territory northwest of the river Ohio, ment and ap- excepting and excluding the last article of the ordinance made for the point officers government thereof by the late Congress on the thirteenth day of July, one thousand seven hundred and eighty-seven, and by and with the advice and consent of the Senate to appoint all the necessary officers therein, who shall respectively receive the same compensations for their services; to be paid in the same manner as by law established for sim- ilar officers in the territory northwest of the river Ohio ; and the pow- ers, duties and emoluments of a superintendent of Indian affairs for the southern department, shall be united with those of governor : Provided always, That if the President of the United States should find it most expedient to establish this government in the recess of Congress, he shall nevertheless have full power to appoint and commission all offi- cers herein authorized; and their commissions shall continue in force until the end of the session of Congress next ensuing the establishment of the government. c SEC. 4. Be it further enacted, That the Territory hereby constituted one hereaiter^divide district for the purposes of government, may at the discretion of Con- it into two dis- gress be hereafter divided into two districts, with separate Territorial tricts. governments in each, similar to that established by this act. SEC. 5. Beit further enacted, That the establishment of this government .^ in g f the gfoall in no respect impair the right of the State of Georgia, or of any 2l of imlivld* Person or persons either to the jurisdiction or the soil of the said Terri- uals to the juris- tory, but the rights and claims of the said State and of all persons in- tlietion of' soil terested, are hereby declared to be as firm and available, as if this act had never been made. SEC. 6. And be it further enacted, That from and after the establishment The people of of the said government, the people of the aforesaid Territory shall be en- be enthledt'o^er^ titled to an(1 eD J ov all and singular the rights, privileges and advantages tain rights, &c. granted to the people of the territory of the United States, northwest 526 MISSISSIPPI. 527 of the river Ohio, in and by the aforesaid ordinance of the thirteenth day of July, in the year one thousand seven hundred and eighty-seven, in as full and ample a manner as the same are possessed and enjoyed by the people of the said last-mentioned Territory, (a) ****** * (a) See Nos. 1265, 1285, 1303, 1304, 1306. No. 1265. AN ACT supplemental to the act intituled "An act for an amicable set May 10, 1800. tlement of limits with the State of Georgia ; and authorizing the establishment of Vol. 2, p. 69. a government in the Mississippi Territory." Be it enacted, #c., That so much of the ordinance of Congress of the Organization of thirteenth of July, one thousand seven hundred and eighty-seven, and Ji 8 ^^ Mfca?- of the act of Congress of the seventh of August, one thousand seven 8 jp pi Territory, hundred and eighty- nine, providing for the government of the territory of the United States northwest of the river Ohio, as relates to the or- ganization of a general assembly therein, and prescribes the powers thereof, shall forthwith operate, and be in force in the Mississippi Ter- ritory : Provided, That until tbe number of free male inhabitants of full age, in the said Territory, shall amount to five thousand, there shall not be returned to the general assembly more than nine representatives. ******* SEC. 7. And be it further enacted, That nothing in this act shall in any Saving of the respect impair the right of the State of Georgia to the jurisdiction, or rights of Georgia, of the said State, or of any person or persons to the soil of the said JJJ g ot Territory, but the rights and claims of the said State, and all persons interested, are hereby declared to be as fiim and available as if this act had never been made, (a) ******* SEC. 10. And be it further enacted, That it shall be lawful for the .The com mis- commissioners appointed, or who may hereafter be appointed on the part ^ited States of the United States, in pursuance of the act, intituled "An act for an may finally settle amicable settlement of limits with the State of Georgia ; and author- with Georgia by izing the establishment of a government in the Mississippi Territory," compromise, or any two of them, finally to settle by compromise with the commis- sioners, which have been or may be appointed by the State of Georgia, any claims mentioned in said act, and to receive in behalf of the United States a cession of any lands therein mentioned, or of the jurisdiction thereof, on such terms as to them shall appear reasonable : and also, They may in- that the said commissioners on the part of the United States, or any two 2Sms of individ^ of them, be authorized to inquire into the claims which are or shall be ua i s> made by settlers or any other persons whatsoever, to any part of the aforesaid lands, and to receive from such settlers and claimants any propositions of compromise which may be made by them, and lay a full statement of the claims and the propositions which may be made to them by the settlers or claimants to any part of the said lands, together with their opinion thereon, before Congress, for their decision thereon, as soon as may be : Provided, That the settlement shall be made and Provisos, completed before the fourth day of March, one thousand eight hundred and three : And provided also, That the said commissioners shall not contract for tbe payment of any money from the Treasury of the United States to the State of Georgia, other than the proceeds of the same lands. (&) (a) See Nos. 1264, 1285, 1303, 1304, 1306. (6) See Nos. 718, 723, 731, 737, 745, 753, 1067, 12C6, 1268, 1270, 1271, 1275, 1276, 1284, 1286, 1287, 1292, 1294, 1296, 1299, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. No. 1266. AN ACT regulating the grants of land, and providing for the disposal March 3, 1803. of the lands of the United States, south of the State of Tennessee. Vol. 2, p. 229. Be it enacted, #c., That any person or persons, and the legal represent- Kesidents in atives of any person or persons, who were resident in the Mississippi the Mississippi Territory on the twenty-seventh day of October, in the year one thou- fi rmed hi their sand seven hundred and ninety-five, and who had prior to that day ob- C i a i m8 . tained, either from the British Government of West Florida or from the Spanish Government, any warrant or order of survey for lands lying within the said Territory, to which the Indian title had been extin- 528 MISSISSIPPI. guished, and which were on that day .actually inhabited and cultivated by such person or persons, or for his or their use, shall be confirmed in their claims to such lands in the same manner as if their titles bad been Proviso. completed : Provided, however, That no such incomplete title shall be confirmed, unless the person in whose name such warrant or order of survey had been granted, was at the time of its date either the head of a family, or above the age of twen'y-one years. Grants to in- SEC 2. And be it further enacted, That to every person, or to the legal habitants wlere representative or representatives of every person who, being either the evacuated b^ the tead of a familv > or of twenty-one years of age, did on that day of the Spaniards. year seventeen hundred and ninety-seven, when the Mississippi Terri- tory was finally evacuated by the Spanish troops, actually inhabit and cultivate a tract of land in the said Territory, not claimed by virtue either of the preceding section, or of any British grant, or of the articles of agreement and cession between the United States and the State of Georgia, the said tract of land thus inhabited and cultivated, shall be Limitations. granted : Provided, however, That not more than one tract shall be thus granted to any one person, and the same shall not contain more than six hundred and forty acres: And provided also, That this donation shall not be made to any person who claims any other tract of land in the said Territory by virtue of any British or Spanish grant, or order of survey. (a) Residents en- SEC. 3. And be it further enacted, That every person, and the legal titled to a prefer- representatives of every person, who being the head of a family, or ence i as- above the age of twenty one years, doth at the time of passing this act, inhabit and cultivate a tract of land in the said Territory, not claimed by virtue of the preceding sections of this act, or of any British grant, or of the articles of agreement and cession above mentioned, shall be en- titled to a preference in becoming the purchaser from the United States, of such tract of laud, at the price at which the other lands of the United States in the said Territory, are by this act directed to be sold; and payment may be made therefor in the same manner, and under the Without inter- same conditions, as directed by this act for such other lands : Provided, st on instal- ftotcerej 1 , that no interest shall be charged upon any of the instalments until they respectively become payable. (6) Two land SEC. 4. And be it further enacted, That for the disposal of the lands of offices in the Mis- the United States within the Mississippi Territory, two land offices shall n " be established in the same, one at such place in the county o* Adams, as shall be designated by the President of the United States, for the lands lying west of " Ptarl River," sometimes called "half-way river; ' r and one at such place in the county of Washington, as shall be desig- nated by the President of the United States, for the lands lying east of Register and Pearl River : and for each of the said offices, a register and receiver of c^monevs in P u ^>lic monies shall be appointed, who shall give security in the same eac h. * manner, and in the same sums, and whose duties and authority shall in Security. every respect be the same in relation to the lands which sha'll be dis- posed of at their offices, as are by law provided in relation to the regis- ters and the receivers of public monies in the several offices established for the disposal of the lands of the United States, north of the river Ohio, and above the mouth of Kentucky River, (c) Claimants and SEC. 5. And be it further enacted, That every person claiming lands by residents to state virtue of any British grant, or of the three first sections of this act, or their claims be- o f t b e articles of agreement and cession between the United States and 1804. the State of Georgia, shall, before the last day of March in the year one thousand eight hundred and four, deliver to the register of the land office, within whose district the land may be, a notice in writing, stat- ing the nature and extent of his claims, together with a plot of the tract or tracts claimed, and shall also, on or before that day, deliver to the To be recorded, said register, for the purpose of being recorded, every grant, order of survey, deed, conveyance, or other written evidence of his claim, and the same shall be recorded by the said register, in books to be kept for that purpose, on receiving from the parties at the rate of twelve and a half cents, for every hundred words contained in such written evidence Xeglect there- of their claim ; and if such person shall neglect to deliver such notice of to bar their in writing, of his claim, together with a plot as aforesaid, or cause to claims. be recorded such written evidence of the same, all his right, so far as the same is derived from the above-mentioned articles of agreement, or from the three first sections of this act, shall become void, and forever threafter be barred ; nor shall any grant, order of survey, deed, con- veyance, or other written evidence, which shall not be recorded as above MISSISSIPPI. 529 directed, ever after be considered or admitted as evidence in any court in the United States, against any grant derived from the United States. SEC. 6. And be it further enacted, That the register of the land office Commissioners in Adams County, and two other persons who shall be appointed by appointed to set- the President of the United States alone, shall for the lands lying west tle the claim8 ' of Pearl River, and the register of the land office of Washington County, together with two other persons who shall be appointed by the Presi- dent of the United States alone, shall for the lands lying east of Pearl River, respectively be commissioners, for the purpose of ascertaining the rights of persons claiming the benefit of the articles of agreement and cession between the United States and the State of Georgia, or of the three first sections of this act ; and the said commissioners shall, previous to entering on the duties of their appointment, respectively take and subscribe the following oath or affirmation, before some per- son qualified to administer the same : " I do solemnly swear Their oath or (01* affirm) that I will impartially exercise and discharge the duties im- affirmation, posed upon me, by an act of Congress, intituled 'An act regulating the grants of land and providing for the disposal of the lands of the United States south of the State of Tennessee,' to the best of my skill and judgment." And it shall be the duty of the said commissioners to meet D u ti e8 . in the county of Adams, and in Washington County aforesaid, respect- ively, on or before the first day of December next, and they shall not adjourn to any other place, or for a longer time than three days, until the first day of April, one thousand eight hundred and four, and until they shall have completed the business of their appointment. And each Powers, board, or a majority of each board, shall, in their respective districts, The determina- have power to hear and decide in a summary manner, all matters re- ti ] 1 f the board specting such claims, also to administer oaths and examine witnesses, and such other testimony as may be adduced, and to determine thereon according to justice and equity ; which determination, so far as relates to any rights derived from the articles of agreement above mentioned, or from the three first sections of this act, shall be final ; and for the safe-keeping of the papers and evidence produced and recording their proceedings, the said boards, respectively, shall have power to appoint Appointment a clerk, whose duty it shall be to enter in a book to be kept for that of clerks, purpose, perfect and correct minutes of the proceedings, decisions, papers' &c o meetings and adjournments of the boards, together with the evidence dissolution of the on which such decisions are made; which books and papers, on the boards to be dissolution of the boards, shall be transmitted to, and lodged in the lodged in the Sec- office of the Secretary of State ; and on or before such clerk's entering y Oi on the duties of his office, he shall take and subscribe the following oath or affirmation, to wit: "I do solemnly swear (or affirm Oath or affirma- as the case may be) that I will truly and faithfully enter and record all tion of the clerk, minutes, proceedings and decisions of the board of commissioners for the county of appointed under and by virtue of an act of the United States, intituled 'An act regulating the grants of laud, and pro- viding for the disposal of the lands of the United States, south of the State of Tennessee/ and well and faithfully do and perform all other acts and things in the said act pointed out as the duty of a clerk of the said board/' which oath shall be entered on the minutes of the board; and when it shall appear to them that the claimant is entitled to a tract of land under the articles of agreement and cession with Georgia afore- Titles, when to said, in virtue of a British or Spanish grant legally and fully executed, be granted, and they shall give a certificate thereof, describing the tract of land and^ow, under . tne the grant, and stating that the claimant is confirmed in his title thereto by virtue of the said articles ; which certificate, being recorded by the A certificate to register of the land office, whose duty it shall be to record the same in be given. a book to be kept by him for that purpose, shall amount to a relinquish - ment for ever, on the part of the United States to any claim whatever to such tract of land : and when it shall appear to the said commis- sioners that the claimant is entitled to a tract of land by virtue of a settlement under the Bourbon act of Georgia, recognized in the said Under the articles of agreement and cession, or of either of the two first sections Bourbon act of of this act, they shall give a certificate thereof, stating the circum- the state of Geor- stances of the case, and that the claimant is entitled to receive a patent gia< for such a tract of land by virtue of this act, which certificate being Certificate to duly entered with the register of the land office, on or before the be returned be- first day of January, eighteen hundred and five, shall entitle the party ^ ^Sh^ali to a patent for the said tract, which shall issue in like manner as entitle the party is provided by this act for the other lands of the United States, to a patent. 34 L O VOL II 530 MISSISSIPPI. without the party paying any thing -therefor, except the surveying Eight of pre- expenses and the fees of office. And when it shall appear to the emption. gajd commissioners that the claimant is entitled to a right of pre- emption by virtue of the third section of this act, they shall give a certificate thereof, directed to the register of the land office; which certificate being duly entered with the register of the land office, on or before the first day of January, eighteen hundred and five, shall entitle Proviso that the party to become a purchaser of such tract of land: Provided, That receipts for pur- he 8nall) prior to the first day of j anuary> eighteen hundred and six, produced. also produce a receipt from the treasurer of the United States, or from the receiver of public monies, for at least one-fourth part of the pur- chase money, and also for the payment of the surveying expenses; and the party shall, upon payment in full of the purchase money, on which, if any of the three last payments shall be made in advance, he shall be allowed the same discount allowed in similiar cases by this act, be enti- tled to receive a patent, which shall issue in like manner, and on pay- ment of the same fees as are provided by this act for the other lands of the United States ; but if such person shall neglect to enter his certifi- cate, on or before the first day of January, eighteen hundred and five, or to make such first payment as above provided ; his right of pre-emp- Proviso. tion shall cease and become void. Provided also, and it is further enacted, Reference to That whenever a tract of land to which any person might be entitled vera^claims bv vir tue of the three first sections of this act, shall also be claimed by the holder of a British patent, legally and fully executed, and duly re- corded in conformity to the provisions of this act, who is not confirmed in his claim by the articles of agreement above mentioned, the commis- sioners shall, in the certificate granted to the person claiming the land by virtue of this act, state the existence of the adverse claims, in which case the party shall not be entitled to a patent, unless he shall have obtained in his favour a judicial decision in a court having jurisdiction Clerk to re- therein, and for every certificate so granted by the boards respectively, ceive two dollars tne c i er k o f t h e board granting the same, shall be entitled to demand and catef ^ * receive of the party to whom the same is granted, the sum of two dollars. Commissioners SEC. 7. And be it further enacted, That the commissioners aforesaid shall report to shall, on or before the first day of December, one thousand eight hun- he Secretary of dred. and four, make to the Secretary of the Treasury, a full report of all the British grants legally and fully executed, which have been duly recorded in conformity to the provisions of this act, the title of which is not confirmed to the holders thereof, by the articles of agreement above mentioned, stating the present situation of the lands, the date of such grants, the conditions annexed thereto, and how far the same have been fulfilled, together with such other remarks thereon as they may Report to be t nink proper ; which report shall be laid before Congress at their next laid before Con- session, and the lands contained in such grants shall not be otherwise gress. disposed of, until the end of one year after that time. Un nfirmed SEC. &' And ~be it further enacted, That so much of the five millions of claims 'provided acres reserved for that purpose by the articles of agreement above for. mentioned, as may be necessary to satisfy the claims not confirmed by that agreement, which are embraced by the two first sections of this act, or which may be derived from British grants for lands which have not been regranted by the Spanish Government, be, and the same is hereby appropriated for that purpose ; and so much of the residue of the said five millions of acres or of the nett proceeds thereof as may be necessary for that purpose, shall be, and is hereby appropriated, for the purpose of satisfying, quieting and compensating, for such other claims to the lands of the United States south of the State of Tennessee, not recog- nized in the above-mentioned articles of agreement, and -which are de- rived from any act or pretended act of the State of Georgia, which Proviso, that Congress may hereafter think fit to provide for ; provided, however, no claims shall That no other c i a j ms s^all be embraced by this appropriation, but those, t h e appropna- the evidence of which shall have, on or before the first day of January tion in this act next, been exhibited by the claimants to the Secretary of State, and re- which have not corded in books to be kept in his office for that purpose, at the expense belore ^T^^i of tne P artv exhibiting the same, who shall pay to the person employed 1804. ' by the Secretary of State for recording the same, at the rate of twelve Fees on record- and an half cents for every hundred words contained in each document ing. thus recorded; nor shall any grant, deed, conveyance, or other written No grant, deed, evidence of any claim to the said lands, derived, or pretended to be de- or conveyance rived from the State of Georgia, and not recognized by the above-inen- from the State of tioned articles of agreement, ever after be admitted or considered as MISSISSIPPI. 531 evidence in any of the courts of the United States, unless it shall have Georgia to be ev- been exhibited, and recorded, in the manner and within the time ^ded 88 ** above mentioned ; and provided also, that nothing herein contained, shall be construed to recognize or affect the claims of any person or persons, to any of the lands above mentioned ; and provided also, that Claims not rec- no certificate shall be granted for lands lying east of the Tombigby g nized - River, nor for lands situated without the boundary lines established by treaty between the United States and the Choctaws, made the seven- teenth day of October, in the year eighteen hundred and two. SEC. 9. And be it further enacted, That the Secretary of State, the Authority giv Secretary of the Treasury and the Attorney-General for the time being, propositions' be, and are hereby authorized and empowered to receive such proposi- compromise, tions of compromise and settlement, as may be offered by the several companies, or persons claiming public lands in the territory of the United States, lying south of the State of Tennessee, and west of the State of Georgia ; and report their opinion thereon to Congress at their next session. SEC. 10. And be it further enacted, That a surveyor of the lands of L ? the United States, south of the State of Tennessee, shall be appointed, see appointed," whose duty it shall be to engage a sufficient number of skilful survey- who shall engage ors as his deputies, and to cause the lands above mentioned, to which deputies, the titles of the Indian tribes have been extinguished, to be surveyed Dutie8 - and divided in the manner hereafter directed, and to do and perform all such other acts, in relation to the said lands, as the surveyor-general is authorized and directed to do in relation to the lands lying northwest of the river Ohio, and above the mouth of the river Kentucky. SEC. 11. And be it further enacted, That the lands for which certifi- of t he surveYor 8 cates of any description whatever, shall have been granted by the com- missioners in pursuance of the provisions of this act, shall, as soon as may be, be surveyed under the direction of the surveyor of the lands of the United States above mentioned, in conformity to the true tenor and intent of such certificates; and the said surveyor shall also cause all the other lands of the United States, in the Mississippi Territory, to Other lands in which the Indian title has been extinguished, to be surveyed as far as** 16 Mississippi practicable, into townships, and subdivided into half-sections, in the ^eyel. manner provided for the surveying of the lands of the United States, situate northwest of the river Ohio, and above the mouth of the Ken- tucky River, and shall transmit to the registers of the land offices re- spectively, general and particular plots of all the lands surveyed as afore- said, and shall also forward copies of the said plots to the Secretary of the Treasury ; and he shall also, with the approbation of the said Sec- retary, fix the compensation of the deputy surveyors, chain- carriers, and axe-men : Provided, That the whole expense of surveying and marking the lines shall not exceed iour dollars for every mile that shall be actu- ally run, surveyed and marked : And provided, That the expense of sur- Expenses of veying those tracts of land, to which the title of the claimants is con- 8U firmed by the articles of agreement, or by the two first sections of this act, and those tracts claimed under British grants, a return of which is to be made to Congress, shall not be advanced by the United States, but shall be paid to the deputy surveyor by the parties claiming the same ; and that in relation to all the land sold by the United States, the Eurchaser shall make the same payment for surveying expenses, which 3 directed by law to be made for lands sold north of the river Ohio, (d) SEC. 12. And be it further enacted, That all the lands aforesaid, not The lands otherwise disposed of, or excepted by virtue of the preceding section s af ^ es .^""* P' of this act, shall, with the exception of the section number sixteen, J ol j; which shall be reserved in each township for the support of schools within the same, (e) with the exception also of thirty-six sections to be located in one body by the Secretary of the Treasury for the use of Jef- ferson College, and also with the exception of such town lots not ex- ceeding two in the town of Natchez, and of such an out-lot adjoinin g the same, not exceeding thirty acres, as may be the property of the United States, to be located by the governor of the Mississippi Territory, for the use of the said college, (/) be offered for sale to the highest bidder, under the direction of the governor of the Misissippi Territory, of the rj n der the di- surveyor of the lands of the United States, above mentioned, and of the rections of the register of the land office at the places respectively, where the land governor, sur- offices are kept, and on such day or days as shall, by a public proclama- ]^ or> M tion of the President of the United States, be designated for that pur- pose. The sales shall remain open at each place for three weeks and no 532 MISSISSIPPI. Sales to re- longer; and all lands, other than the section number sixteen, remaining main open f o^r unso i(j a t the closing of the public sales, may be disposed of at private thVifprfvat 8 ^ sale Dv t^ 16 registers of the respective land offices in the same manner, sales, by whom, under the same regulations, for the same price, and on the same terms and on wh at and conditions as is provided by law, for the sale of the lands of the United States, north of the river Ohio, by an act intituled "An act to amend the act intituled, An act providing for the sale of the lauds of the United States in the territory northwest of the Ohio, and above the Proviso. mouth of Kentucky River:" Provided always, That the lands which may sol^for "essttian be 8old at P ublic 8ale b y virtue of this act, shall not be sold for less than two dollars per two dollars per acre, and shall in every other respect be sold on the acre. same terms and conditions as was provided for the lands sold at public sale, by the last-recited act. And patents shall be obtained for all 6681 lands granted or sold in the Mississippi Territory in the same manner and on payment of the same fees as is provided for lands sold north of the river Ohio, by the said last-recited act : Provided, however, That evi- dences of the public debt of the United States shall not be received in payment for the purchase of said lands. (6) Fees of the reg- SEC. 13. And be it further enacted, That the registers of the land offices, isters of the land- and the receivers of public monies, appointed in pursuance of this act, offices, and re- 8na jj receive the same fees and compensation as the registers and re- moneyl p ceivers of the land offices north of the river Ohio, and the registers shall also be entitled to receive twenty-five cents for entering each cer- Salary of t h e tificate granted by the commissioners above mentioned. The surveyor Mstw y ocle?k8 of the lands of tbe United States, appointed in pursuance of this act, shall receive an annual compensation of fifteen hundred dollars, and shall be allowed not exceeding two clerks, whose whole compensation shall not exceed one thousand dollars per annum. The commissioners Compensation appointed to ascertain the rights of persons claiming the benefit of the of the commis- articles of agreement above mentioned, and of this act shall receive the^ d'erks eacb a compensation of two thousand dollars for the whole of their services, the registers of the land offices excepted, who shall receive only rive hundred dollars each, for their services as commissioners ; the clerks of the boards of commissioners a compensation not exceeding Pay of the su- seven hundred and fifty dollars each ; and the superintendents of the perintendents. public sales shall receive six dollars each, for each day's attendance on the said sales. Commissions of SEC. 14. And be it further enacted, That the President of the United isters oTffJ'land States shall have full power to appoint and commission the surveyor, offices, and re- registers of the land offices, and receivers of public monies above men- ceivers of public tioned, in the recess of Congress, and their commissions shall continue moneys. in force until the end of the session of Congress next ensuing such appointment. Appropriation SEC 15. And be it further enacted, That a sum not exceeding twenty for the execution thousand dollars be, and the same is hereby appropriated for the pur- pose of carrying this act into effect; which sum shall be paid out of any unappropriated monies in the Treasury. Appropriation SEC. 16. And be it further enacted, That the nett proceeds of the lands of the moneys which may be sold by virtue of this act, after deducting the surveying abo S ve g 8aies m expenses and other expenses incident to the sale thereof, shall, and the same are hereby appropriated in the first place, towards paying to the State of Georgia a sum of one million two hundred and fifty thousand dollars, in pursuance of the articles of agreement and cession entered into between the United States and that State ; and the Secretary of the Treasury is hereby authorized and directed to pay accordingly, and from time to time, as the same shall be received in the Treasury of the United States, so much of the said nett proceeds as will amount to the said sum of one million two hundred and fifty thousand dollars, (g) Navigable riv- SEC. 17. And be it further enacted, That all navigable rivers within the ers south of Ten- territory of the United States, south of the State of Tennessee, shall be public. * emam deemed to be and remain public highways. (a) SeeKos. 718,723,731,737,745,753,1067,1265, 1268,1270, 1271, 1275, 1276, 1284, 1286, 1287, 1292, 1294, 129fi, 1299, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1366, 1388, 1399. (6) See Kos. 36, f 9, 433, 1267, 1273, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1301, 1305, 1315. 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. (c) See Nos. 731, 1272, 1275, 12"9, 1298, 1305, 1310, 1315, 1328, 1349, 1355, 1363, 1373, 1410. (d) See Kos. 37, 777, 1269, 1272, 129f, 1305, 1343, 1366. (e) See Kos. 1271, 1275, 12'<7, 1295, 1298, 130f., 1315, 1339, 1365, 1366, 1375, 1387, 1402, 1406, 1416. (/) See Xos. 1268, 1282, 1346. (0) See Kos. 1015, 1303, 1314, 1340, 1366, 1374, 1382, 1398, 1415. MISSISSIPPI. 533 No. 1267. AN ACT mading provision for the disposal of the public lands in the March 26, 1804. Indiana Territory, and for other purposes. Vol. 2, p. 277. [Fractional sections of land south of the State of Tennessee, how to be sold. See OHIO, No. 36.] No. 1268. AN ACT supplementary to the act intituled "An act regulating the March 27, 1804. grants of land, and providing for the disposal of the lands of the United States, south Vol. 2, p. 303. of the State of Tennessee." Be it enacted, $c , That persons claiming lands in the Mississippi Ter- . Notice to be ritory, by virtue of any British or Spanish grant, or by virtue of the f s \^Vf the 6 lami three first sections of the act to which this is a supplement, or of the office by persons articles of agreement and cession with the State of Georgia, may, after claiming landsin the last day of March, in the year one thousand eight hundred and four, JJ ie . Mississippi and until the last day of November, then next following, give notice in pelS RrvTr S and writing, of their claims, to the register of the land office, for the lands their claims to be lying west of Pearl River, and have the same recorded in the manner recorded. prescribed by the fifth section of the act to which this is a supplement: Provided however, That where lands are claimed by virtue of a complete Proviso in fa- Spanish or British grant, in conformity with the articles of agreement J^d BrFtiifh and cession between the United States and the State of Georgia, it shall grants. not be necessary for the claimant to have any other evidence of his claim recorded, except the original grant or patent, together with the warrant or order of survey and the plot; but all the subsequent con- veyances or deeds shall be deposited with the register, to be by him laid before the commissioners when they shall take the claim into consider- ation : and the powers vested by law in the commissioners appointed for the purpose of ascertaining the claims to lands lying west of Pearl River, shall, in every respect, extend and apply to claims which maybe made by virtue of this section ; and the same proceedings shall there- upon be had as are prescribed by the act aforesaid, in relation to claims which shall have been exhibited on or before the last day of March, in the year one thousand eight hundred and four. SEC. 2. And ~be it further enacted, That the commissioners aforesaid, Commissioners appointed to adjust ihe claims to lands lying west of Pearl River, shall fo^ from time have power to adjourn from time to time, and for such time as they may to time. think fit : Provided however, That they shall meet on the first day of Proviso. December, in the year one thousand eight hundred and four, and shall not afterwards adjourn for a longer time than three days, nor until they p rov i 80t shall have completed the business for which they were appointed : And provided also, That nothing contained in this act, nor in that to which this is a supplement, shall be construed to prevent the said commission- ers, nor those appointed to adjust the claims to lands lying east of Pearl River, from acting and deciding at any time, on any claim which has been exhibited in the manner prescribed by law, although the evidence of the same may not, at that time, have been transcribed on the books of the register. SEC. 3. And be it further enacted, That when any Spanish grant, war- m ^ required rant, or order of survey, shall be produced to either of the said boards by the boards of of commissioners, for lands which were not, at the date of such grant, commissioners warrant, or order of survey, or within one year thereafter, inhabited, concerning Span- cultivated, or occupied by, or for the use of the grantee: or whenever lsn grar either of the said boards shall not be satisfied, that such grant, warrant, or order of survey, did issue, at the time when the same bears date, the said commissioners shall not be bound to consider such grant, warrant, or order of survey, as conclusive evidence of the title, but may require such other proof of its validity as they may deem proper : and the said r so boards shall make a full report to the Secretary of the Treasury, to be make reports to by him laid before Congress, for their final decision of all claims grounded the Secretary of on such grants, warrants, or orders of survey, as may have been oisal- the Treasury in lowed by the said boards, on suspicion of their being antedated, or other- certain cases. wise fraudulent. SEC. 4. And be it further enacted, That the Secretary of the Treasury Agent to heap- s-hall be, and he is hereby authorized to employ an agent, whose com- g retarv of tl pensation shall not exceed one thousand five hundred dollars in full for Treasury. all his services, for the purpose of appearing before the said commis- sioners, in behalf of the United States, to investigate the claims for lands, and to oppose all such as he may deem fraudulent and unfounded. 534 MISSISSIPPI. And each of the said boards of commissioners shall have the same pow- ers to compel the attendance of witnesses, as are now vested in the courts of the United States. Board of com- SEC. 5 And be it further enacted, That the board of commissioners r missioners f o r appointed to adjust the claims to lands lying west of Pearl River, shall toKS 1 south of be authorized to employ an assistant clerk, and also a translator of Pearl River, au- the Spanish language, to assist them in the despatch of the business thorized to em- which may be brought before them, and for the purpose of recording ploy an assistant Spanish grants, deeds, or other evidences of claims on the register's lator oTth* Span- hooks ; the said translator shall receive for the recording done by him, ish language. the fees already provided by law, and may be allowed, not exceeding fifty dollars, for every month he shall be employed, provided that the whole compensation, other than that arising from fees, shall not exceed six hundred dollars : the assistant clerk shall be allowed a sum not ex- ceeding five hundred dollars for his services ; and each of the commis- sioners of the said board, in addition to the compensation now fixed by law, shall be allowed six dollars for every day he shall attend on the Compensation board, after the last day of November, in the year one thousand eight not to exceed 62,- hundred and four: Pro ruled. That this additional compensation shall not exceed two thousand dollars, for each of the said commissioners. Salary of the SEC. 6. And be it further enacted, That from and after the first day of surveyor of lands April, in the year one thousand eight hundred and four, the surveyor south BS- Qf the Iand8 Qf the United St a fc e8, south of the State of Tennessee, shall receive au annual compensation of two thousand dollars, in lieu of the Lauds claimed annual compensation now fixed by law. And the lands claimed by vir- uuder Spanish tue of Spanish grants, legally arid fully executed, and the titles to grants, the titles WD i cn were confirmed bv the articles of agreement and cession between con"tirmed ai to I be tne United States and the State of Georgia, shall be surveyed in the man- surveyed 'at the ner prescribed by the act to which this is a supplement, at the expense expense of the of the United States ; anything in the said act to the contrary notwith- TJuited States. 8tand j D g. Lauds north of SEC. 7. And be it further enacted, That the tract of country lying north the Mississippi of the Mississippi Territory, and south of the State of Tennessee, and souTh^f the State bound ed on the east by the State of Georgia, and on the west by Lou- of Tennessee, isiana, shall be, and the same is hereby annexed to, and made a part and bounded on of the Mississippi Territory. Georgiaand Lou- g EC< g ^nd be it further enacted, That so much of the eighth section of o? an the MfeSss- an ac *> intituled "An act regulating grants of land, and providing for ippi Territory, the disposal of the lands of the United States, south of the State of Tennessee," as provides, " that no certificate shall be granted for lands Repeal of part lying east of the Tombigby River," be, and the same hereby is repealed: ier act. p rov - iaa ^ That no certificate shall be granted for any lands to which the Indian title has not been extinguished. Commissioners SEC. 9. And be it further enacted, That the commissioners appointed in to make a report pursuance of the act aforesaid, be, and they are hereby authorized and of the T e re r asurv re< l uired to make > on or Before the first day of December next, a full in certain cases, report to the Secretary of the Treasury, of all claims that have been, or may be laid before them, for lands held by warrant of survey and im- provement, in cases where the claimants were minors, and not heads of families, at the time such warrants were issued, with the circumstances which occasioned the issuing of such warrants, and the validity which has been considered as attached to the same, (a) Appropriation SEC. 10. And be it further enacted, That for the purpose of carrying this for carrying this act into effect, a sum not exceeding twenty thousand dollars, shall be, act into eftect. ari( j ^h e game is hereby appropriated, to be paid out of any money in the Treasury, not otherwise appropriated. Partof the 12th SEC. 11. And be it further enacted, That the execution of so much of section of the act the twelfth section of the act to which this is a supplement, as excepts asu lement " such towu lo * s > not exceeding two, in the town of Natchez, and such suspended. an out-lot adjoining the same, not exceeding thirty acres, as may bo the property of the United States, to be located by the governor of the Mississippi Territory, for the use of Jefferson College," be, and the same is hereby suspended until the end of the next session of Congress. (&) Transcripts of SEC. 12. And be it further enacted, That transcripts of the records of the British re- the British province of West Florida, to claims for land therein, and cords of West W j 1 i cn have been delivered to the Government of the United State*. Se"cei?certain ma y be produced as evidence, and shall be entitled to the same weight cases. in any court of the United States, as if the same had been delivered or shall be delivered, to either of the registers of the land offices in Tim MISSISSIPPI. 535 Mississippi Territory, before the last of March, one thousand eight hundred and four, any thing in this act, or in the fifth section of the act to which this is a supplement, to the contrary notwithstanding. * * * * "* * # (a) See Nos. 718, 723, 731, 737, 745, 753, 1067, 1265, 1266, 1270, 1271, 1275, 1276, 1284, 1286, 1287, 1-292, 1294, I2L-6, 1299, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. (6) See Nos. 1266, 1282, 1346. No. 1269. AN ACT concerning the mode of surveying the public lands of the Feb. 11, 1805. United States. Vol. 2, p. 313. [See OHIO, No. 37.] No. 1270. AN ACT further to amend an act, intituled "An act regulating the March 2,1805. grants of land; and providing for the disposal of the lands of the United States, Vol. 2, p. 323. south of the State of Tennessee." Be it enacted, #c., That persons who may have obtained, or shall ob- . Persons obtain- tain certificates from the board of commissioners appointed to ascertain frf m ^e^oard of the claims to lands in the Mississippi Territory, shall be allowed three commissioner sin months after the respective date of such certificates, for entering the the Mississippi same with the register of the proper land office ; and certificates, thus Territory, allow- entered, shall have the same force and effect, as if they had been duly Jo? entered with the said register, on or before the first day of January, one them, thousand eight hundred and five. SEC. 2. And be it further enacted, That the commissioners appointed Commissioners to ascertain the claims to lands, in the above-mentioned Territory, east appointed to as- of Pearl Kiver, shall be authorized to grant certificates for lands' lying J^Sd* in^h e in the island known by the name of Nannee Hubba, formed by the cut- Mississinpi Ter- off of the river Toinbigbee and Alabamaha; and person shavingclaimsf or ritory, east of lands lying either in said island, or east of the Tombigbee and Alabamaha Jfarl Kiver, au- rivtrs, shall be permitted to file the same with the register of the land cSmcates^or office, till the first day of May, one thousand eight hundred and five ; land in the island and the commissioners shall decide on tbe same, in the same manner as of Nannee Hub- if they had been presented before the thirty-first day of March, one ba ;. and persons thousand eight hundred and four. f ted to file SEC. 3. And be it further enacted, That each of the last-mentioned them before May commissioners, shall be allowed at the rate of six dollars a day, for every 1, 1805. day he shall attend, subsequent to the first day of April, one thousand eight hundred and five : Provided, That such additional allowance shall m^ssfo^e r s Tor not exceed five hundred dollars for each commissioner. their attendance SEC. 4. And be it further enacted, That the clerk of each of the after April i. boards of commissioners appointed to ascertain the claims to lands i n tion^al a the above-mentioned Territory, shall be allowed at the rate of seven ii m it e d. hundred and fifty dollars a year, from the time when he entered on the Compensations duties of his office, to the time when the board shall adjourn sine die. of clerks. SEC. 5. And be it further enacted, That persons claiming lands in the Claimants un- Mississippi Territory, by virtue of British grants, legally and fully com- der British grants pleted, who may not have filed their claims with the proper register of completed , *f- the land office, in conformity with the provisions heretofore made for lowed a further that purpose, may, until the first day of December one thousand eight time for f i 1 i n g hundred and five, file such claims with the register of the land office west ^ e g i sTe r t o of Pearl River, and have the same recorded. And the said register shall, ma ke report to on or before the first day of January, one thousand eight hundred and Secretary of the six, make to the Secretary of the Treasury, a full report of all the Brit- Treasury of the ish grants thus recorded ; which report shall immediately after be laid JJJJJJ/ 1 before Congress. The lands contained in such grants shall not be The lands in- otherwise disposed of until the end of one year, after that time. And eluded in the if any such person shall neglect to file such British grant, and to have grants not to be the same recorded, in the manner and time hereby provided, neither J^P such grant nor any other evidence of such claim, which shall not have Grants not filed, been recorded as above directed, shall ever after be considered or ad- &c , according to mitted as evidence in any court of the United States, against any grant [his act to be no derived from the United States, or against any title legally and fully Spanish and executed, derived from the Spanish Government; any act or acts to American grants, the contrary notwithstanding, (a) (a) See Nos. 718, 723, 731, 737, 745, 753, 1067, 1265, 1266, 1268, 1271, 1275, 1276, 1284, 1286, 1287, 1292, 1294, 1296, 1299, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. 536 MISSISSIPPI. April 21, 1806. HT. 15J71 .AX ACT in addition to an act, intituled ' An act regulating the grants Vol. 2, p. 400. of land and providing for the disposal of the lands of the United States, south of the State of Tennessee. Persons losin^ ^ lt enacte(l ^ $' c -> Tnat whenever any person who shall have received their lands under preemption certificates from either of the boards of commissioners, ap- pre-emption cer- pointed for the purpose of ascertaining the rights of persons to lands in tincates entitled the Mississippi Territory, shall, by a final judgment or decree of the highest court of law, or equity, in which a decision could be had, within the said Territory, rendered in favour of another person claiming by virtue of a British patent, lose the whole or part of the tract of land to which he was entitled by virtue of such certificate, it shall be lawful for the receiver of public monies for the district where the land lies, to repay to such person or his assigns, so much of the purchase money as had been paid by him for the land thus recovered, by the holder of the British patent. Int e r f e r i n g In all cases where only a part of a tract of land, to which any person claims u n id e r may jj e entitled by virtue of a certificate granted by the commissioners Sd certificates aforesaid, is also claimed by the holder of a British patent, a patent from thecommis- may issue in favour of the owners of such certificate, for so much of such sioners, how to tract of land as is not claimed by virtue of such British patent : Pro- be settled, vided, That he shall in every other respect have complied with the pro- visions of the acts of Congress, regulating the grants of land in the Mississippi Territory. And the lauds contained in British grants, which have been duly recorded in conformity with the provisions of former laws, and for which certificates have not been granted by the commissioners aforesaid, shall not be disposed of until otherwise di- rected by Congress. Rights of pre- SEC. 2. And be it further enacted, That persons entitled to a right of emption to lands pre-emption to lands in the Mississippi Territory, by virtue of certificates S Territor^Sv S ranted b / either of the boards of commissioners aforesaid, shall be what time to be allowed till the first day of January, one thousand eight hundred and paid for. seven, to make the first payment of the purchase money of such lands : Penalty of ne- all( | ,f aov sucu person shall neglect to make such first payment, on or pay before the first day of January, one thousand eight hundred and seven, his right of pre-emption shall cease and become void. Compensation g EC> 3. j,,^ & e u further enacted, That each of the commissioners >n ' appointed to ascertain the claims to lands in the above-mentioned Ter- ritory, west of Pearl River, shall be allowed at the rate of six dollars for every day he shall attend, subsequent to the first day of April, one Proviso. thousand eight hundred and six : Provided, That such additional allow- ance shall not exceed five hundred dollars for each commissioner ; and the agent appointed in behalf of the United States for the said board shall be allowed an additional compensation of three hundred and fifty registers and dollars for the whole of his services. And the register and receiver of receivers of pnb- public monies, in each of the districts of the above- mentioned Territory, bave m d?8cretion. sba11 ' and they . are hereb y authorized, in their districts, respectively, ary powers with an( ^ after the dissolution of the board of commissioners for their dis- regard to certain trict, to regulate the location of any tract of land lying within such dis- locations, &c. trict, for which a certificate shall have been granted by the commis- sioners, whenever it shall appear that the location specified in such certificates, interfere with each other, or do not include the improve- Proviso. ments, by virtue of which such certificates were granted : Provided, That the said register and receiver shall not be authorized to allow any loca- tion on land not improved and settled, in the manner provided by the former acts of Congress, regulating the grants of land in the above- mentioned Territory ; nor to allow, in any case, a greater quantity of land than had been allowed by the commissioners. Pvegister and SEC. 4. And be it further enacted, That whenever it shall appear to receiver of the th e satisfaction of the register and receiver of the district east of Pearl PeaTi C River au- Ri ver > that the settlement and occupancy, by virtue of which a pre-emp- thorized to grant tion certificate had been granted by the commissioners, had been made donation certifi- and taken place, prior to the 30th day of March, one thousand seven cates in certain hundred and ninety-eight, they shall be authorized to grant to the party a donation certificate, in lieu of such pre-emption ; and the patent shall Proviso. issue as in other cases of donations : Provided, That application shall be made for such an exchange, and evidence produced of the date of such settlement and occupancy, on or before the thirty- first day of December next, (a) MISSISSIPPI. 537 SEC. 5. And be it further enacted, That the right of the United States, Right of the to all the land lying between the front street of the city of Natchez and d neaf llnd the Mississippi River, and bounded on the north by North Fourth street, adjoining to and the land granted to Stephen Minor, and on the south, by the lands Natchez, vested annexed to the old fort, and those granted to William Barland, be, and J n the corpora- the same hereby is, for ever vested in the corporation of said city, so as tlc not to affect the legal or equitable claims of any individuals, or of any body politic, or corporate, if any such there be : Provided, That the said Proviso. land, as above described, be neither cultivated nor occupied by build- ings, but that it be planted with trees, and preserved as a common, for the use, comfort, and health of the inhabitants of the city aforesaid, a,nd all other persons who may occasionally resort thither. (6) SEC. 6. And be it further enacted, That whenever the section No. 16, Section 16 how shall fall upon land already granted, by virtue of any act of Congress, JJjJf havefallen or claimed by virtue of a British grant, the Secretary of the Treasury U p n any land shall locate another section, in lieu thereof, for the use of schools, which claimed by virtue location shall be made in the same township, if there be any other va- of a British cant section therein, and otherwise, in an adjoining township, (c) SEC. 7. And be it further enacted, That Richard Sparks be permitted to Where Richard enter with the register of the land office, for the district west of Pearl Sparks' claim is River, his claim to three hundred and twenty acres of land, lying within to be en tered. said district ; and that Richard S. Bryan, and George Brewer, senior, be Also those of permitted to enter with the register of the land office, for the district Richard S. Bryan east of Pearl River, their certificate of a right of pre-emption for three Irewer sr TS& hundred and twenty acres of land, lying within the district last men- tioned : and such entry of the claim of the said Richard Sparks shall have the same effect, as if it had been made prior to the first day of De- cember, one thousand eight hundred and four, and such entry of the certificate of the said Richard S. Bryan and George Brewer, senior, shall have the same effect as if it had been made within three months from the time it was issued. (a) See Nos. 718, 723, 731, 737, 745, 753, 1067, 1265, 1266, 1268, 1270, 1275, 1276, 1284, 1286, 1287, 1292, 1294, 1296, 1299, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. (6) See No. 1275. (c) See Nos. 1266, 1275, 1277, 1295. 1298, 1305, 1315, 1339, 1365, 1366, 1375, 1387, 1402, 1406, No. 1272. AN ACT making appropriations for carrying into effect a treaty he- March 3 1807. tween the United States and the Chickasaw tribe of Indians ; and to establish a land Vol. 2, p. 440. office in the Mississippi Territory. SEC. 2. And be it further enacted, That it shall be the duty of the sur- Surveyor- gen- veyor-general of the public lands, south of Tennessee, to cause to be era! to cause surveyed and laid out, in the same manner as is provided by law for the {JS Jherok ee a other public lands in the Mississippi Territory, so much of the lands an d CMckasaws ceded to the United States by the Cherokees and Chickasaws, as lies in Mississippi, to within the said Territory, (a) and the President of the United States is be surveyed, hereby authorized, whenever he shall think it proper, to establish a land thorized to estab- office for the sale of the said lands, and to appoint a register of the same, ij sn a ] a nd office, and a receiver of the public monies accruing from the sale of the said lands, whose respective emoluments and duties shall be the same as those of the registers and receivers of the other land offices in the said Territory, (b) (a) See Nos. 37, 777, 1266, 1269, 1298, 1305, 1343, 1356 <6) See Nos. 731, 1266, 1275, 1279, 1298, 1305, 1310, 1315, 1328, 1349, 1355, 1363, 1373, 1410. No. 1273. AN ACT confirming claims to land in the district of Vincennes, and March 3, 1807. for other purposes. Vol. 2, p. 446. SEC. 8. And be it further enacted, That persons entitled to a right of pre- Time for pay- emption to lands in the Mississippi Territory, shall be allowed till the m< first day of January next, to make the first payment of the purchase money of such lands, (a) (a) See Nos. 36, 59, 433, 1266, 1267, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1301, 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. 538 MISSISSIPPI. Jau. 10. ISO?. No. 1274. AX ACT supplemental to an act, intituled "An act regulating the Vol. 2, p. 455. grants of land, and providing for the disposal of the lands of the United States, south of the State of Tennessee." Actual settlers Be it enacted, That every person and the legal representative of every entitled to a person, who being either the head of a family or above the age of twenty- preference in be- one years, and w ho did on the third day of March, one thousard eight coming p is- nundred and seven, actually inhabit and cultivate a tract of land not claimed by virtue of a certificate granted by the boards of commission- ers east and west of Pearl River, in the Mississippi Territory, and who has obtained permission to remain on such tract or tracts of land agree- ably to an act, intituled "An act to prevent settlements being made on lands ceded to the United States, nntil authorized by law," shall be entitled to a preference in becoming the purchaser from the United States of such tract of land, at the price at which the other lands of the United States in the said Territory, are directed to be sold, and pay- ment may be made therefor in the same manner, and under the same Proviso- that conditions as directed by Jaw for suchother lands: Provided, That such, such tract of tract of laud shall not exceed one section: And provided also, That the land shall not same shall be surveyed agreeably to the sectional lines already estab- exo.-rd one sec- Hshed, or which may hereafter be established by the surveyor of the Sieved agree 6 lands of the United States south of the State of Tennessee, ably to sectional SEC. 2. And be it further enacted, That every person claiming a tract lines already es- of land by virtue of this act shall, before the first day of October next, tablished. deliver to the register of the land office within whose district the land y persons mav ^ e a notice of his claim in writing, together with a plat of the iming under tract of land claimed; and if any person shall fail to deliver such the foregoing sec- notice and plat, the person or persons so failing, shall forfeit all ti * claim or pretension of claim to such tract of land, and the same shall other e wis r e lg f or 8 be 8old with tbe . ther lands of the United States in said Territory. felted. SEC. 3. And be it further enacted, That persons entitled to a right of Time allowed pre-emption under tbe first section of this act, shall be allowed until to persons hav- t h e nr8t ^ ay o f January, one thousand eight hundred and nine, to make rights m tne first Payment of the purchase money of such tract or tracts of land as may be claimed by virtue of said section, and the residue of the said purchase money shall be paid in the same manner, and under the same conditions as directed for the other lands in said Territory, (a) This act not to SEC. 4. And be it further enacted, That this act shall not extend to extend to certain ail y person or persons claiming other lands in said Territory in his or ' their own right, by virtue of British or Spanish grants, or to any per- son or persons to whom a donation has been granted, by either of the said boards of commissioners. (a) See Xos. 36, 59, 433, 1266, 1267, 1273, 1.75, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1301, 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. March 31, 1808. No. 1275. AN ACT concerning the sale of the lands of the United States, and Vol. 2, p. 479. for other purposes. Public la d ^ *'* nacted > $ c -> That whenever the President of the United States may 1 be offered bas been or ma y be authorized to cause the public lands, in any land for sale in such district, to be offered for sale, it shall be lawful, whenever he shall proportions as think it convenient, to offer for sale, at first, only a part of the lands resident contained in such district, and at any subsequent time or times, to offer for sale in the same manner, any other part, or the remainder of the lauds contained in the same, (a) Part of a for- SEC. 2. And be it further enacted, That the fourth section of an act mer act revived, passed the twenty-first day of April, one thousand eight hundred and six, intituled "An act in addition to an act intituled An act regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee," be revived and contin- ued in force until the first day of October next: and in any case where a donation shall be granted in lieu of a pre-emption certificate, agreea- ble to the provisions of the said fourth section, the money, if any shall have been paid, shall be by the receiver of the public money repaid to the person or persons who have paid the same. Settlers on the SEC. 3. And be it further enacted, That certain settlers on the river river Mobile al- Mobile, in the Mississippi Territory, east of Pearl River, who reside near time to put in the line of demarcation, between the United States and Spain, run in then claims. pursuance of the treaty of the twenty -seventh day of October, one thousand seven hundred and ninety-five, and whose claims to land has MISSISSIPPI. 539 not been decided on according to law, shall be allowed until the first day of October next, to file a notice in writing with the register of the land office, stating the nature and extent of their claims, together with a plat of the tract or tracts claimed; And the said register of the land office, and the receiver of public monies, are hereby required to hear and determine such claims according to the several acts of Congress "regu- lating the grants of land and providing for the disposal of the lands of the United States south of the State of Tennessee," and to grant certifi- cates in the form heretofore prescribed by the board of commissioners in said district. SEC. 4. And be it further enacted, That it shall be the duty of the re- Reports to be gistersof the land office east and west of Pearl River, in the Missis- ^f de b Y t* 16 re % Bippi Territory, to transmit to the Secretary of the Treasury of the Uni- oSa e S and ted States, on or before the first day of November next, a full and fair west of Pearl Riv- report of all the claims of certain persons to lands in the Mississippi er, to the Secre- Territory, founded upon British or Spanish warrants or orders of 8 ur- ta jy * the Trea8 ' vey granted prior to the twenty-seventh day of October, one thousand ury> seven hundred and ninety-five, not confirmed by former laws regulat- ing the grants of lands in said Territory, which have heretofore been regularly filed with the register of the land office aforesaid, together with the evidence in support of such claims respectively, and to be by him laid before Congress at their next ensuing session. And the land contained in such warrants or orders of survey shall not be disposed of until otherwise directed by law. (&) SEC. 5. And be it further enacted, That that part of the lands to which Certain lands the Indian title was extinguished by the treaty with the Choctaw na- tion made on Mount Dexter, in the year one thousand eight hundred tinguished, to be and five, lying on the east of Pearl River, shall be attached to the land attached to land district east of Pearl River, and that the residue of the lands to which district east of the Indian title was extinguished by said treaty, shall be attached to Pe the land district west of Pearl River; (c) and the said lands shall, with the exception of section number sixteen, which shall be reserved in each township for the use of schools within the same, (d) and also with the exception of fifteen hundred acres of land, which is hereby confirmed to John M'Grew, in compliance with the fourth article of said treaty, be offered for sale under the same regulations, at the same prices, and on the same terms as other lands lying within the said dis- tricts. (a) SEC. 6. And be it further enacted, That every person and the legal rep- Actual settlers resentatives of every person, who being either the head of a family, or on .lands of the above the age of twenty -one years, who did before the third day of S?finni 6 nv? -- - --- JxLlSSlSSll J.6r- *r i i -iiji-^ - ii-i-ii-i x .- March, one thousand eight hundred and seven, actually inhabit and r itory, allowed a cultivate a tract of land in the Mississippi Territory, belonging to the further time. United States, shall be allowed until the first day of October next, to obtain permission to remain on such tract or tracts of land, according to the provisions of the act, intituled "An act to prevent settlements being made on lands ceded to the United States until authorized by law," and the person or persons obtaining such permission shall be en- titled to all the benefits, rights and privileges granted by law to those who obtained the same power prior to the first day of January, one thousand eight hundred and eight. SEC. 7. And be it further enacted, That the right of the United States Right of the to two town lots lying and being in the city of Natchez be, and the JJnited States to same is hereby forever vested in the corporation of the said city, so as w ^ ed to^the cor- not to affect the legal or equitable claims of any individuals, or of any poration of body politic or corporate, if any such there be. (e) Natchez. SEC. 8. And be it farther enacted, That whenever the claims of per- Interfering sons having a right of pre-emption in either of the districts east or claims in west of Pearl River, shall interfere with each other, the register and 8 receiver of public monies are hereby authorized in their respective dis- River, how to be tricts so to regulate their locations as to prevent such interference, (a) settled. (a) See Nos. 36, 59, 433, 1266, 1267, 1273, 1274, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1301, 1305, 1315, 13-23, 1327, 1336, 1361, 1382, 1391, 1408, 1414. 1416, 1417. (6) See Nos. 718, 723, 731, 737, 745, 753, 1067, 1265, 1266, 1268, 1270, 1271, 1276, 1284, 1286, 1287, 1292, 1294, 1296, 1299, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. (c) See Nos. 731, 1266, 1272, 1279, 1298, 1305, 1310, 1315, 1328, 1349, 1355, 1363, 1373, 1410. (d) See Nos. 1266, 1271, 1277, 1295, 1298, 1305, 1315, 1339, 1365, 1366, 1375. 1387, 1402, 1406, 1416. (e) See No. 1271. 540 MISSISSIPPI. Feb. 28, 1809. No. J276. AX ACT for the disposal of certain tracts of laud in the Mississippi VoL 2, p. 526. Territory, claimed under Spanish grants, reported by the land commissioners as antedated, and to confirm the claims of Abraham Ellis and Daniel Harregal. Lands covered He it enacted, <$*c., That the several tracts of lacd, in the Mississippi by i ej ec ted Territory, the titles to which have been derived under Spanish claims claims to be sold an( j w hjch have been disallowed by the boards of commissioners east lauds er 1C and west of Pearl River, on suspicion of the grants, warrants or orders of survey, on which the claims are grounded, being antedated or other- wise fraudulent, and which are embraced in the report of the said boards of commissioners, laid before Congress, agreeable to the third section of an act, intituled, "An act supplementary to the act intituled An act regulating the grants of land, and providing for the disposal of the lands of the United States, south of the State of Tennessee," shall be, and the same are hereby directed to be sold, in the same manner, at the same price, and on the same terms and conditions, as have been, or may be by law provided for the sale of the other public lands in the said Territory ; (a) and any person or persons claiming under a Spanish grant, warrant or order of survey as aforesaid, shall be entitled to in- stitute, in the highest court of law or equity in the said Territory, his or their suit or action for the recovery of the tract or tracts so claimed Proviso. as aforesaid : Provided, Such claimant or claimants shall institute his or their suit or action within the term of one year from and after the tract or tracts so claimed shall have been sold by the United States, or in case the same is now inhabited and cultivated, in virtue of a pre-emp- tion right, within one year from and after the passing of this act : and if any person or persons, claiming lands as aforesaid, shall fail or neglect to commence or institute his or their suit or action, in the manner and within the time prescribed by this section, or shall be non-suit or dis- continue the same, his or their right to commence such suit or action, in any court whatsoever, shall be forever barred and foreclosed. Grants t o b e SEC. 2. And be it further enacted, That if the person or persons claiming valid, must have under such grant, warrant or order of survey, shall make it appear to "been surveyed the satisfaction of the court, before whom such suit or action shall be 27 I795 e ( CT P endin g> tnat th 6 tract of land therein specified, was actually surveyed prior to the twenty-seventh day of October, one thousand seven hun- dred and ninety-five, then, and in that case, the same shall be deemed and held to be good and valid, to all intents and purposes, any thing in this act to the contrary notwithstanding : But in case the claimant or claimants shall fail to prove the tract or tracts of land so claimed, to have been actually surveyed prior to the twenty-seventh day of Octo- ber, one thousand 'seven hundred and ninety- five, or in case the same shall appear to be otherwise fraudulent or illegal, the grant, warrant or order of survey, granted by the Spanish Government, as aforesaid, by virtue of which such tract or tracts of land may be claimed, shall be, and the same is hereby declared null and void, to all intents and pur- poses, and shall not be read in evidence against any claim or certificate of pre-emption, derived from the United States. Parole evi- SEC. 3. And be it further enacted, That it shall be lawful, in the trial deuce lawful for of such suit or action, for either party to introduce parole evidence for supporting or in- the purpose of supporting or invalidating the grant, warrant or order of erants & ^ survey as aforesaid ; and the judgment, sentence or decree of the said highest court of law or equity, in the cases aforesaid, shall be final and conclusive between the parties, and may be plead in bar to any subse- quent suit or action brought in the same or any other court, for the re- covery of the same land or any part thereof, (b) Abraham Ellis SEC. 4. And be it further enacted, That Abraham Ellis be, and he is confirmed in his hereby confirmed in a tract of land granted by the British Government title to a tract of of West Florida to Stephen Jordan, containing the quantity of two hundred acres, lying and being on the waters of Boyd's Creek, according to the metes and^bounds of said tract of land set forth in the plat thereof made by the surveyor-general of said province of West Florida; and that the amount of money which the said Ellis may have been com- pelled to pay to the receiver of public monies west of Pearl River, in the Mississippi Territory, for said tract of land, be refunded to him by the receiver aforesaid. Daniel Harre- SEC. 5 - ^ nd be it further enacted, That Daniel Harregal be and he is gal also con- hereby confirmed in his title in fee-simple to the tract of land whereon MISSISSIPPI. 541 he resides, containing the quantity of five hundred and fifty acres, fir m e d in hi& agreeably to a plat thereof filed with the register of the land office, west tltie - of Pearl River, in the Mississippi Territory. (a) See Nos. 3G, 59, 433, 1266, 1267, 1273, 1274, 1275, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1301. 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. (b) See Nos. 718, 723, 731, 737, 745, 753, 1067, 1275, 1284, 1286, 1287, 1292, 1294, 1296, 1299, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. BfO. 1277. AN ACT supplementary to an act, entituled "An act making appropri- June 15, 1809. ations for carrying into effect a treaty between the United States and the Chickasaw Vol. 2, p. 548. tribe of Indians ; and to establish a land office in the Mississippi Territory." Be it enacted, #c., That so much of the lands ceded to the United S: ates Lands ceded by by the Cherokee and Chickasaw Indians, as lies within the Mississippi the Cherokees, Territory, and for which a land office was directed to be established, * to be offered by the second section of the act to which this act is a supplement, shall, iitservatio n s , with the exception of section number sixteen in each township, which &c. shall be reserved for the use of schools within the same, (a) and. with the exception of the salt springs and lands contiguous thereto, which, by the direction of the President of the United. States, may be reserved for the future disposal of the said United States, be offered for sale to the highest bidder, under the direction of the register of the land office and of the receiver of public monies, at the place where the land office is established ; and on the day or days which shall have been designated by proclamation of the President of the United States for that purpose, the sales shall remain open for six weeks, and no longer ; the lands The sales to re- shall not be sold for less than two dollars an acre, and shall be sold in main open for six tracts of the same size, and in all respects on the same terms and con- Jficif the lands ditions as have been or may be by law provided for the sale of the other may D6 80 id at Eublic lands in the Mississippi Territory. All the lands of the United private sale, tates in the said district, with the exceptions above mentioned, remain- ing unsold at the close of the public sales, may be disposed of at pri- vate sale, by the register of the laud office, in the same manner, under the same regulations, for the same price, and on the same terms and conditions as are or may be provided by law, for the sale of the lands of the United States in the Mississippi Territory ; and patents shall be obtained for lands sold in said district, in the same manner, and on the same terms as are provided by law for other public lands sold in the Mississippi Territory. (&) SEC. 2. And be it further enacted, That the superintendents of the Compensation public sates, directed by this act, shall each receive six dollars a day, to , superintend- for every day's attendance on the said sales. (a) See Nos. 1266, 1271, 1275, 1295. 1298, 1305, 1315, 1339, 1365, 1366, 1375, 1387, 1402, 1406, 1416. (&) See Nos. 36, 59, 433, 1266, 1267, 1273, 1274, 1275, 1276, 1279, 1281, 1288, 1292, 1293, 1298, 1301, 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1416, 1417. No. 1 278. A PROCLAMATION by the President of the United States respecting Oct. 27, 1810. taking possession of part of Louisiana. Vol. 11, p. 761. [Possession to be taken of territory south of Mississippi Territory, east of Mississippi River, and extending to Perdido River. See LOUISIANA, No. 707.] No. 1279. AN ACT providing for the removal of the land office established at Feb. 25, 1811. Nashville, in the State of Tennessee, and Canton in the State of Ohio; and to au- Vol. 2, p. 649. thorize the register and receiver of public monies to superintend the public sales of land in the district east of Pearl Elver. Be it enacted, $c., That the President of the United States be, and he President au- hereby is authorized to remove the land office established for the sale JJJ* *J J of public lands ceded to the United States by the Cherokee and Chick- ]and offices f rom asaw Indians in the Mississippi Territory, from Nashville, to such place Nashville and within the district for which it was established as he may judge most from Canton, proper ; and to remove the land office from Canton in the State of Ohio, to some suitable place within the district for which it was estab- lished, (a) SEC. 2. And be it further enacted, That the public sales of the public By whom pub- lands, in the district east of Pearl River, in the Mississippi Territory, } o sales of pub- and also in the district of Kaskaskia, in the Illinois Territory, be con- d i 8t ri c n t as e^t of ducted under the superintendence alone of the register and receiver of p ea rl river are public monies for the said districts, who are hereby authorized and to be conducted, empowered to superintend the same, in their respective districts, any 542 MISSISSIPPI. law to the contrary notwithstanding ; and they shall receive the com- pensation provided by law for the superintendence of public sales in the district aforesaid. (&) *### (a) See Nos. 731, 1266, 1272, 1275, 1298. 1305, 1310, 1315, 1328, 1349. 1355, 1363, 1373. (6) See Nos. 36, 59, 433, 1266, 1267, 1273, 1274, 1275, 1276, 1277, 1281, 1288, 1292, 1293, 2298, 1301, 1305, 1415, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. March 3, 1811. No. 1 280. AN ACT for the relief of Richard Tervin, William Coleman, Edwin Vol. 6, p. 99. Lewis, Samuel Mims, and Joseph "Wilson, of the Mississippi Territory. Donation certi- Be it enacted, <$-c., That Richard Tervin be, and he is hereby, author- ficate for a tract ized to produce to the register of the land office, and the receiver of ? f if- n v, g i a ed public moneys, for the district east of Pearl River, in the Mississippi vin on his pro- Territory, evidence of his having inhabited and cultivated a tract of duc'ing certain land in said Territory, prior to the thirtieth day of March, one thousand evidence. seven hundred and ninety-eight ; and in case such evidence shall be produced, the said register and receiver are required to grant to the said Richard Tervin a donation certificate for such tract of land, not exceeding six hundred and forty acres. To William SEC. 2. And be it further enacted, That William Coleman be, and he Coleman. j s hereby authorized to produce to the said register and receiver, evi- dence of his right to a donation of a tract of land on the Tombigbee River in said Territory ; and in case he shall produce satisfactory evi- dence to the said register and receiver, that he was entitled to a dona- tion of such tract, according to the provisions of the second section of the act entitled "An act regulating the grants of land and providing for the disposal of the lands of the United States, south of the State of Tennessee," and the acts supplementary thereto, it shall then be lawful for the said William Coleman to locate a quantity of land equal to that to which he was entitled under the above-mentioned provisions, on any lands of the United States, which shall have been offered at public sale, in the said district, and that shall then remain unsold ; and it shall be the duty of the said register and receiver to issue a donation certificate to the said William Coleman, for the land so located by him. Eight of pre- SEC. 3. And be it further enacted, That Edwin Lewis be entitled to emption vested the right of pre-emption in five acres of land, situate within the bound- in Edwin Lewis. ar j e8 o f a tract of land, whereon he resides, which five acres were here- tofore used for an encampment, for the troops of the United States, so soon as the same shall cease to be used for that purpose ; the said five acres to be paid for at the same price, on the same terms and conditions, as are provided for lands granted by right of pre-emption in the Missis- sippi Territory. Titleof Samuel SEC. 4. And be it further enacted, That Samuel Mims be, and he is Mims confirmed, hereby confirmed in his title to a tract of land, containing five hundred and eighty-four acres, granted by the British Government of West Florida, to William Clark, so as not to deprive the heirs of said Clark, or any other person or persons, of their legal remedy, if any they have, for the recovery of said land from said Minis, his heirs or assigns. Joseph Wilson SEC. 5. And be it further enacted, That Joseph Wilson be, and he is authorized to en- hereby authorized to enter with the register of the land office his certifi- p r e C ?emp a tfon cate of pre-emption right, granted to him by the board of commissioners, right, &c. for the district east of Pearl River, in the Mississippi Territory, for the quantity of four hundred and eighty acres of land, lying on the Tombig- bee River in said Territory; and that payment be made therefor, at the same price, and on the same terms and conditions, as are provided by law, for other lands granted in right of pre-emption in said Territory. Dec 12,1811. No. 1281. AN ACT allowing further time for completing the payments oncer- Vol. 2, p. 663. tain lands held by right of pre-emption, in the Mississippi Territory. Purchasers al ^ e ^ enacted, $c., That all the purchasers of public lands, by right of lowed until Jan" pre-emption in the Mississippi Territory, who have made payment of t, 1813, to com- their first instalment of the purchase money, be allowed until the first lettheir Pay dajr of Januar y one thousand eight hundred and thirteen, to complete the payments on their lands, respectively, any law to the contrary not- withstanding, (a) (a) See Nos. 36, 59, 433, 1266, 1267, 1273, 1274. 1275, 1276, 1277, 1279, 1288, 1292, 1293, 1298, 1301, 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. MISSISSIPPI. 543 No. 1282. AN ACT authorizing the Secretary of the Treasury to locate thelands Feb. 20, 1812. reserved for the use of Jefferson College, 'in the Mississippi Territory. Vol. 2, p. 679. Be it enacted, #c., That the Secretary of the Treasury be, and he is The Secretary hereby authorized and empowered to locate in one body, the thirty-six of the Treasury sections of land reserved for the use of Jefferson College in the Missis- body The thirty! sippi Territory, by an act, entituled "An act regulating the grants of 8 j x sections of land, and providing for the sale of the lands of the United States south land reserved for of the State of Tennessee," passed on the third day of March, one thou- Jefferson College sand eight hundred and three, on any lands within the said Territory Jj^-jJ^ fJJ 3 not sold, or otherwise disposed of, and to which the Indian title has been extinguished, (a) (a) See Nos. 1266, 1268, 1346. No. 1283. AN ACT for the relief of Thomas O'Banuon. Feb. 24, 1812. Be it enacted, fc., That Thomas O'Bannou be permitted to withdraw VoL 6> p " 1Q4 ' his entry in the land office of Madison County, Mississippi Territory, Entry may be from the southeast quarter of section two, township two, range one, withdrawn and * else- west; and the money paid by him on the said entry, shall be placed his credit on any purchase he shall or may have made of public land in the same district : Provided, It shall satisfactorily appear to the regis- Provi80 - ter of the said office, that the range two, west, has been, by error of the surveyor, marked range one. No. 1284. AN ACT for ascertaining the titles and claims to lands in that part of April 25, 1812. the Louisiana which lies east of the river Mississippi and island of New Orleans. Yol. 2, p. 713. [See LOUISIANA, No. 718.] No. 1285. AN ACT to enlarge the boundaries of the Mississippi Territory. May 14, 1812. Be it enacted, <$-c., That all that portion of territory lying east of Pearl ' ' P ' 1 Eiver, west of the Perdido, and south of the thirty-first degree of lati- Boundaries of tude, be, and the same is hereby annexed to the Mississippi Territory j to be governed by the laws now in force therein, or which may hereafter e d. be enacted, and the laws and ordinances of the United States, relative thereto, in like manner as if the same had originally formed a part of said Territory ; and until otherwise provided by law, the inhabitants of the said district hereby annexed to the Mississippi Territory, shall be entitled to one representative in the general assembly thereof, (a) (a) See Nos. 1264, 1265, 1303, 1304, 1306. No. 1286. AN ACT confirming claims to lands in the Mississippi Territory, June 30, 1812. founded on warrants of survey granted by the British or Spanish Government. Vol. 2, p. 765. Be it enacted, $-c., That every person, and the legal representative of Certain claims every person claiming lauds in the Mississippi Territory by virtue of a confirmed. British or Spanish warrant or order of survey, granted prior to the twenty-seventh day of October, one thousand seven hundred and ninety- five, who were on that day actually resident in the said Territory, and whose claims have been regularly filed with the proper register of the land office east and west of Pearl River, according to law, and reported to Congress, agreeably to the fourth section of the act entituled "An act concerning the sale of the lands of the United States, and for other pur- poses," passed on the thirty- first day of March, one thousand eight hun- dred and eight, be and they are hereby confirmed in their rights to land so claimed. And the register and receiver of public monies for the dis- Register and trict within which the lauds may lie, are authorized and required to receiver to make make out to such claimant or claimants, entitled thereto by the provi- Jf"^^^ sions of this act, a certificate of confirmation, for each of which certifi- cates 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 Patents to be been fairly obtained, according to the true intent and meaning of this granted on such act, then and in that case patents shall be granted in like manner as is ce provided by law for the other lands of the United States : Provided, That Proviso, no person shall be entitled to the benefit of this act who shall not ap- pear by the report made to Congress as aforesaid or by the records of 544 MISSISSIPPI. the boards of commissioners for the said Territory to have been a resi- dent of said Territory on the twenty-seventh day of October one thou- sand seven hundred and ninety-live; 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 claira. This act not to Szc 2. And be it further enacted That nothing in this act contained cJionsof a cer~- ^all ^e construed to aft'ect the decisions of the courts of justice in the tain kind. said Territory, heretofore made respecting the claims, or any part thereof, embraced by the preceding section, or to prevent a judicial de- cision 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, (a) (a) See Nos. 718, 723, 731, 737, 745, 753, 1067, 1265, 1266, 1268. 1270, 1271, 1275, 1276, 1284, 1287,1292,1294,1296,1299, 1300, 1310, 1318, 1322, 1324,1333,1334,1336, 1386, 1388, July 5, 1812. No. 1287 AN ACT confirming grants to lands in the Mississippi Territory derived VoL 2. p. 776. from the British Government of West Florida, not subsequently regranted by the Government of Spain or of the United States. Certain claims Be it enacted, #c., That citizens of the United States, claiming lands to land in Missis- j n the Mississippi Territory, by virtue of grants legally and fully exe- Srmed 6 w'hicl cu ted, derived from the British Government of West Florida, whose have been deriv- lauds have not been subsequently regranted by the Spanish Govern- ed from the Brit- meut or claimed in right of donation or pre-emption certificates granted ish Government. ov 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 laud office in the said Territory, and are embraced in the report of the commissioners laid before Congress, according to law, be and they are hereby confirmed in their respective claims, according to Proviso. 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, (a) (a) See Nos. 718, 723, 731, 737, 745, 753, 1067, 1265, 1266, 1268, 1270, 1271, 1275, 1276, 1284, 1286,1292, 1294, 1296, 1299, 1300, 1310, 1318,1322,1324, 1333,1334,1336,1386,1388, 1399. July 6, 1812. No. 1288. AN ACT supplementary to the act entitled "An [act] giving further VoL 2, p. 782. time to purchasers of public lands northwest of the river Ohio, to complete their payments." [Provisions of the act to which this is a supplement extended to purchasers of certain fractional sections in the Mississippi Territory. See OHIO, No. 59.] Jan. 27, 1813. Xo * 1289. AN ACT for the relief of John Binnion. Vol. 6, p. 116. Be it enao ted, #c., That John Binnion be permitted to withdraw his Allowed to en tries made on the eighteenth day of September, eighteen hundred and withdraw his en- ten, in the land office of Madison County, Mississippi Territory, for the in Vj e d 1 - and northwest, northeast and southeast quarters of section No. thirty-four, County p ' 127 ' have the right of pre emption to three hundred acres of land, includ- Eight of pre- ing his improvements, and designated on the plat or map of the town- emption granted ship as number fourteen : Provided, That said Moses Hook enter the to said tract of land with register of the land office for the land district west of Pearl River, and make the lirst payment for the same within six months from the passage of this act, and complete his payments as prescribed by law. No. 1292. AN ACT providing for the indemnification of certain claimants of March 31, 1814. public lands in the Mississippi Territory. Vol. 3, p. 116. Be it enacted, fa-, That the county court in each county in the Mis- autho'med to ap- sissippi Territory shall be, and is hereby authorized to appoint a number point agents for of agents, not exceeding five, who shall have power to let out on lease leasing of t h e f or tne purpose of improving the same, the sections of land reserved by Qd Congress for the support of schools, lying within the county for which MISSISSIPPI. 549 the agents respectively are appointed, or to let them out at an annual for the use of rent, as they shall judge proper; and it shall be the duty of the said schools - agents, under the direction of the county courts respectively, to apply T . h e proceeds with impartiality the proceeds arising from the rents of each section as this purpose aforesaid, to the purpose of education, and to no other use whatsoever, within the particular township of six miles square, or fractional town- ship wherein such section is situated, in such manner, that all the citi- zens residing therein may partake of the benefit thereof, according to the true intent of the reservation made by Congress. SEC. 2. And be it further enacted, That for the purpose of forming the Sections ma y aforesaid sections into convenient farms, the said agents shall have be divided into power to lay off the same into lots of not less than one hundred and six f^s. acres, nor more than three hundred and twenty acres, except in case of Lessees to be fractional sections; and in every case, whether of leases for the im- bound not to provement of the lots, or for an annual rent, the lessee shall be bound commit waste, in a suitable penalty not to commit waste on the premises by destroy- ing of timber or removing of stone, or any other injury to the lands whatever. SEC. 3. And be it further enacted, That the said agents shall have full Tress passers power within their respective counties, when and so often as they think ma y be removed proper, by legal process, to remove any person or persons from the are authorized to possession of any of the aforesaid reserved sections, when such person inquire into or persons have not taken a lease, and refuse or neglect to take the waste, &c. same ; and it shall, moreover, be the duty of the said agents to inspect and inquire into any waste or trespass committed on any of the reserved sections aforesaid, by cutting and carrying off timber or stone, or any other damage that may be done to the same, whether by persons resid- ing thereon or others ; and the said agents are hereby authorized, when waste or trespass shall be committed, to proceed against the person or persons committing the same, according to the laws in such case made and provided ; and actions in the cases aforesaid shall be sustained by the agents, and the damages recovered shall be one-half to the use of such agents, and the other half to be applied to the same purpose as the proceeds of rents from the land on which the damage was sustained. SEC. 4. And be it further enacted, That for each lease executed by the Fees to agents agents, they shall be entitled to receive the sum of two dollars, to be f r leases. paid by the lessees respectively. SEC. 5. And be it further enacted. That every lease which may be Limitation of granted in virtue of this act, shall be limited to the period of the ter- leases. mination of the Territorial form of government, in the said Territory ; and shall cease to have any force or effect after the first day of January next succeeding the establishment of a State government therein : Pro- Proviso. vided, That outstanding rents may be collected, and damages for waste or trespass may be recovered in the same manner as if the leases had continued in full force, (a) (a) See Nos. 1266, 1271, 1273, 1277, 1298, 1305, 1315, 1339, 1365, 1366, 1375, 1387, 1402, 1406, 1416. No. 1296. AN ACT supplementary to the act, entitled "An act providing for the Jan. 23, 1815. indemnification of certain claimants of public lands in the Mississippi Territory." Vol. 3, p. 192. Be it enacted, - Board to meet pointed in pursuance of this act, shall meet at some suitable place within at some place in the District of Columbia, on the fourth Monday of January current, or as * h District of eoon thereafter as may be, to enter on the duties assigned them. And proceed^ o^rth^ that they shall proceed therein, as expeditiously as may be, and from with to business. 550 MISSISSIPPI. Reports to be time to time shall certify and report' to the President of the United made by it to the g ta te8, as to the sufficiency of the releases that shall have been made, and the claims they shall have finally adjudged and allowed, agreeably to the third section of the act to which this act is supplementary. Commissioners SEC. 3. And be it further enacted, That each of the said commis- to take an oath of 8 ioners, before they proceed to execute their duties as such, shall take the following oath or affirmation, to wit: "I, A B, do solemnly swear (or affirm) that I am not interested in the event of any decision that may be made by this board of commissioners, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as a member thereof : and will adjudge and determine all the matters, claims, and controversies, subject to the adjudication and determination of this board, according to the best of my abilities, agreeably to the laws of the United States, and the principles of justice and equity." Board may ap- SEC. 4. And be it further enacted, That the said board of commis- pohit a secretary. 8 } oner8 gball have power and authority to appoint a secretary, whose duty pay 18 as^^lf^s ^ shall be to receive, file, and preserve, the papers, documents, and claims, the' pay of the that maybe presented to, and received by said board of commissioners, commissioners, and to enter and record all the orders, proceedings, judgments, and de- terminations, of said board of commissioners. And one of said com- missioners shall administer an oath to such secretary for the faithful discharge of his duty. And there shall be allowed and paid out of the Treasury of the United States, to each of the said commissioners, as well as to the secretary by them to be appointed, as a compensation for their respective services under this act, and in full for the same, the sum of fifteen hundred dollars. Further time SEC. 5. And be it further enacted, That further time be, and hereby allowed for mak- [ s allowed to deposit in the office of the Secretary of State, releases to ing releases. the Unite( i states of claims, under the act or pretended act of the State of Georgia, passed on the seventh day of January, seventeen hundred and ninety -five, and assignments of rights or claims to moneys paid into the treasury of the State of Georgia, and power to sue therefor ; and also for recording in the office of the Secretary of State, any deed or evidence of any title or claim that hath been released to the United States, or that shall be released on or before the day hereby appointed, to wit : the third Monday in March next. And so much of the act of Congress, passed the third day of March, one thousand eight hundred and three, entitled gt An act regulating the grants of lands of the United States, south of the State of Tennessee," and so much of the act to which this is supple- mentary as excludes claimants from recording their claims after the first day of January, one thousand eight hundred and four, be, and the same are hereby repealed. Board empow- SEC. 6. And be it further enacted, That the said commissioners be, and ered to consider hereby are authorized and empowered to consider and determine all u" n on r eteTs^s claim8 ' that 8Qa11 have been dul y released to tbe United States, on or preferred by rep- before the said third Monday of March, which may be made and pre- resentatives of f erred by assignees of bankrupts, or executors or administrators on bankrupts, p ' $28. ' Be it enacted, <$-c., That the President of the United States be, and he Boundary line is hereby authorized to cause to be ascertained and surveyed the bound- of the Creeks to ary line designated by the treaty with the Creek nation of Indians, con- be ascertained eluded on the ninth day of August, one thousand eight hundred and and surve yed. fourteen, and that the same be distinctly marked, in all such places ex- cept where water-courses are described as the boundary by the said treaty; and for this purpose the President of the United States shall Commission- have power to appoint, by and with the advice and consent of the Sen- era to be a p. ate, three commissioners, whose compensation shall not exceed, exclu- P ^ 6 .^ sive of travelling expenses, the rate of eight dollars per day, during the sa tion! r time of actual service of such commissioner, in ascertaining and survey- Surveyors, ing the said boundary line ; they shall have power to employ a skilful &c., to be em- surveyor, who shall be allowed five dollars per day, and two chain-men ^^eh. a u and a marker, who shall each be allowed two dollars per day, in full for ance . their services. SEC. 2. And be it further enacted, That the said commissioners, on com- Three plats to pleting the ascertainment and survey aforesaid, shall make out three be made out. accurate plats of the survey of the said boundary line, one of which they shall transmit to the Secretary of State, one to the surveyor of the lands ' south of the State of Tennessee, and the other to the chiefs of the Creek nation of Indians. SEC. 3. And be it further enacted, That all the public lands of the p u biic lands United States, to which the Indian title was extinguished by the afore- where the In- said treaty, shall be, and are hereby formed into a land district : and dian title is for the disposal thereof, a land office shall be established, which shall JJP ? ^be be kept at such convenient place as the President of the United States district. may direct ; and for the said land office, a register and receiver of pub- A land office lie moneys shall be appointed, who shall give security in the same man- to l)e established, ner, in the same sums, and whose compensation, emoluments, duties, &c> and authority, shall, in every respect, be the same in relation to the lands which shall be disposed of at their office, as are or maybe provided by law in relation to the registers and receivers of public moneys in the several land offices established for the disposal of the other public lands of the United States, (a) SEC. 4. And be it further enacted, That the powers vested by law in Powers and the surveyor of the lands of the United States, south of the State of compensation Tennessee, shall extend over all the public lands of the United States to of the surveyor, which the Indian title was extinguished by the aforesaid treaty, and the Si iG lands in same shall be surveyed in the manner and for the same compensation Mississippi Ter- as other public lands in the Mississippi Territory. (&) territory. SEC. 5. And be it further enacted, That the President of the United Sale of the States is hereby authorized, whenever he shall think it proper, to direct Ia 1 nds . autb.ori.z- so much of the public lands, lying in the said district, as shall have been exceptions^ surveyed in conformity to this act, to be offered for sale. All such lands shall, with the exception of the section numbered sixteen, which shall be reserved in each township for the support of schools within the same, (c) with exception also, of one entire township, to be located by the Secretary of the Treasury, for the use of a seminary of learn- ing, (d) and with the exception of any tracts of land reserved to the Indians by the said treaty, shall be offered to the highest bidder, un- der the direction of the register and receiver of public moneys of the said land office, on such day or days as shall, by a public proclamation of the President of the United States, be designated for that purpose. The public sales shall remain open for three weeks and no longer ; and Sales to re- the lands shall be sold for a price not less than that which has been or main P e n three may be fixed by law, for the public lands in the Mississippi Territory ; J^^J^g t & c 311 and shall, in every other respect, be sold in tracts of the same size, on the same terms and conditions, as have been or may be by law provitled, for the other public lands in the Mississippi Territory. The superintend- ents of the said public sales shall receive six dollars each, for each 552 MISSISSIPPI. Unsold lands day's attendance on the said sales. All lands other than those reserved may be disposed as a f ore8a id, and excepted as above mentioned, remaining unsold at the sale. closing of the public sales, and which had been offered at the said sales, may be disposed of at private sale, by the register of the land office, in the same manner, under the same regulations, for the same price, and on the same terms and conditions, as are or may be provided by law for the sale of the other public lands of the United States in the Pa t e n t s o b- Mississippi Territory. And patents shall be obtained for the lands sold the j n tne ^d district, in the same manner, and on the same terms, as for Qer> other public lauds sold in the Mississippi Territory, (e) Appointment SEC. 6. And be it further enacted, That the President of the United commission- States shall have power to appoint any or all of the aforesaid commis- sioners, during the recess of the Senate. Appropriation SEC. 7. And be it further enacted, That a sum not exceeding twenty- for defraying ex- five thousand dollars, be, and the same is hereby appropriated, to be paid out of any moneys in the Treasury not otherwise appropriated for the purpose of carrying this act into effect. (a) SeeNos. 731, 1266, 127-2, 1275, 1279, 1305, 1310, 1315, 1328, 1343, 1355, 1363, 1373. (6) See Nos. 37, 777, 1266, 12G9, 1272, 1305, 1343, 1356. (c) See Nos. 126*?, 1271, 1-J75, 1277, 1295, 1305, 1315, 1339, 1365, 1366, 1375, 1387, 1402, 1406, 1416. (d) See No. 1309. (e) See Nos. 36, 59, 433, 1266, 1267, 1273, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1301, 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. March 3, 1815. 3fo. 1299. AN ACT further supplementary to an act, entitled "An act providing "VoL 3, p. 235. for the indemnification of certain claimants of public lands in the Mississippi - Territory." Commissioners Be it enacted, tf-c., That the commissioners appointed by virtue of the authorized to de- ac t entitled "An act supplementary to an act entitled 'An act providing quantity of land ^ or ^ De indemnification of certain claimants of public lauds in the Missis- contained in any sippi Territory,'" shall be, and they are hereby authorized to decide, in deed, wit hou t a summary way, upon the quantity or boundary of land contained in further survey, any grant or deed exhibited before them, by any of the claimants of lands released to the United States, agreeably to said act, according to such maps, surveys, or other evidence, as now exist or which they may be now able to procure, without requiring or permitting any other survey to be made. Instru m e n t s SEC. 2. And be it further enacted, That the said commissioners shall be, 113 ' 6 an( ^ ^ ne . v are hereby authorized to allow, and receive, in all cases, except rtesort' . attorneys shall those where femes coverts are parties, as sufficient legal releases, as- be considered le- signments, and powers, required by said act, and the supplement there- gal by the com- to, and as lawful conveyances, all such instruments as may be executed by the party, or his, her, or their attorney or attorneys, lawfully empow- ered, and either acknowledged by the party making the same, before some judge, or justice of the peace, notary public, mayor, recorder or alderman of a corporation, or master in chancery, or one of the said commissioners, or proved by other evidence to the satisfaction of the commissioners to have been duly executed by the party. A further time SEC. 3. And be it further enacted, That the said commissioners shall allowed w h e r e be, and they are hereby authorized, in all cases where the releases, releases, ^&.c.,^are assignments, and powers required by the act aforesaid, already pre- drawn. y sented, or which may be presented on or before the third Monday in March instant, or powers of attorney, by which said releases shall have been, or shall be made, shall be, in the judgment of the commissioners aforesaid, defectively drawn or executed, to allow a further time not exceeding two months, from and after the said third Monday in March instant, to perfect the same. Commissioners SEC. 4. And be it further enacted, That the said commissioners shall authorized t be, and they are hereby authorized to admit and finally settle all such claims K claims as have been, or may be, within the time limited, duly released, assigned, and transferred "to the United States, any thing in the said original act, or any supplement thereto, to the contrary notwithstand- ing; and to administer oaths, or take affirmations, and to compel the attendaLce of witnes?es. in all cases where necessary. On reports of SEC. 5. And be it further enacted, That the President of the United erscertfticate i0 of State8 8ua11 lje ' au(1 he is hereby authorized, from time to time, to cause stock to he 8 is- to De issued such certificates of 'stock as are .specified in the said original sued. act, and supplement thereto, to such claimant or claimants, whose claim may be decided on and reported by the commissioners, on receiving such report in relation to such claim, from the said commissioners. MISSISSIPPI. 553 SEC. 6. And be it further enacted, That the releases, assignments, and Secretary to re- powers, required by the act aforesaid, and the supplement thereto, now c rtt [ *ntam received, and which may be hereafter received, shall be recorded by the tae ' m to the Sec- secretary of the said commissioners, and the said records returned with retary of State's all other papers and documents in relation to said claims, when the office. business of the said commissioners shall be closed, to the office of the Secretary of State ; and that the said secretary shall be paid by the Secretary of the Treasury of the United States, out of any money not otherwise appropriated, at the rate of twelve and a half cents for each Terms of re- and every hundred words contained in each instrument so recorded. SEC. 7. And be it further enacted, That on the dissolution of the said On the dissolu- board of commissioners, and the performance of the duties assigned f on Commission them, the President of the United States shall be, and he is hereby au- ers the p resi ~_ thorized, if in his judgment he shall consider the said commissioners dent may grant entitled to any further additional compensation for their services than additional corn- is now provided for, to cause them to be paid such other and further P en sums, out of any money in the Treasury not otherwise appropriated, as he shall think just aud reasonable : Provided, That such additional com- Proviso. pensation shall not exceed fifty cents to each commissioner, for every deed or evidence of title which shall be submitted to their examination and decision, in pursuance of the provisions of the said original act, and the supplements thereto, (a) (a) See Nos. 718, 723, 731, 737, 745, 753, 1067, 1265, 1266, 1268, 1270, 1271, 1275, 1276, 1284, 12 J 6, 1287, 129-2, 1294, 12!)6, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. No. 1 300. AN ACT, further supplementary to the act, entitled "An act proyid- April 20, 1816. ing for the indemnification of certain claimants of public lands in the Mississippi Vol. 3, p. 294. Territory." Be it enacted, $c., That every person or persons claiming public lands Further time in the Mississippi Territory, under the act or pretended act of the State %ts of Georgia, passed January the seventh, one thousand seven hundred and ninety-five, who have not duly released their claims to the United States, so as to entitle them to the indemnification provided by the act of Congress, passed the thirty-first day of March, one thousand eight hun- dred and fourteen, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory," and the acts supplementary thereto, shall be allowed further time to exe- cute and file with the commissioners appointed to decide on such claims, good and sufficient legal releases of their claim, as by said acts are re- quired, until the first Monday of March next. And the commissioners aforesaid are hereby authorized and empowered to decide on such claims, and to adjudge to every such claimant or claimants the propor- tion of indemnification to which he or they maybe respectively entitled. SEC. 2. And be it further enacted, That the commissioners aforesaid Commissioners shall be, and they are hereby authorized, in all cases where they shall au ^Jj J r Jh Z e e C onn direct suits to be commenced for the recovery of money fraudulently C n employed by withdrawn from the treasury of Georgia, to transmit to the counsel or them original pa- attorney appointed to institute and conduct such suits or prosecutions, pers and oil original papers or documents in their possession, that may furnish ( evidence to sustain the same. SEC. 3. And be it further enacted, That there shall be allowed and Additional paid, out of the Treasury of the United States, to each of the said com- ^ missioners and their secretary, the further sum of one thousand dollars, an( j their secre- as a compensation for the additional services required by this act. (a) tary. (a) See Nos. 71R, 723, 731, 737, 745, 753. 1C67, 1265, 1S66, 1268, 1270, 1271, 1275, 1276, 1284, 1286, 1287, 1292, 1294, 1296, 1299, 1310, 1318. 1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. No. 1301. AN ACT for the relief of certain purchasers of public lands in the April 24, 1816. Mississippi Territory. Vol. 3, p. 30( Be it enacted, #c., That every person who, since the first day of April, Furt her time one thousand eight [hundred] and eleven, and prior to the eighteenth allowed to cer- day of June, one thousand eight hundred and twelve, had purchased tain purchasers any tract or tracts of public land in the Mississippi Territory, not ex- of land - ceeding in the whole six hundred aud forty acres, unless the tract pur- cln,sed be a fractional section or sections, or fractional sections classed with an entire section, and whose lands have not already been actually sold or reverted to the United States for non-payment of part of the purchase money, shall be allowed the further time of two years and 554 MISSISSIPPI. Proviso. Proviso. eight months from and after the expiration of the present period already given by law for completing the payment of the said purchase money ; which further term of two years and eight months shall be allowed only on the condition, that all arrears of interest on the pur- chase money shall have been paid on or before the time shall have ex- pired for completing the payment of the purchase money : Provided, That in all cases in which the time for completing the payment of the purchase money may have expired, or shall expire, before the first day of July next, the interest may be paid on or before that day. But in case of failure in paying either the arrears, or the residue of principal with the accruing interest, as is herein provided, the tract of land shall forthwith be advertised and offered for sale, in the same manner, and on the same terms, as is directed by law in case of lands not paid for within the limited term, and shall revert in like manner, if the sum due, with interest, be not at such sale bidden and paid. And in cases where any tract or tracts of land in said Territory, not exceeding, in the whole, six hundred and forty acres, unless the tract be a fractional section or sections, or fractional sections classed with an entire section, have, since the first day of October last, reverted to the United States, for default of payment, the original purchaser may again enter the same tract or tracts at the price at which such tract or tracts were originally sold ; and all moneys which such original purchaser may have paid shall be replaced to his credit by the receiver of public moneys for the district in which the land may lie, and such re-purchasers shall be allowed the same benefits of the extension of the time of payment created by this act, as though no such reversion has occurred : Pro- vided, That such original purchaser shall make to the proper officer such application for such re-entry as is required by law for the entry of lands on or before the first day of July next, and that the laud so reverted shall not have then been previously resold, (a) (a, See Nos. 36, 59, 433, 1266, 1267, 1273, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. April 26, 1816. No. 1302.-AN ACT for the relief of Charles Levaux Trudeau. Be it enacted, $-c., That Charles Levaux Trudeau, or his legal rep- May enter six resentatives, be authorized to enter with the register of the land office, without P a y ment ' an y 8ix quarter-sections of land in place of other lands confirmed by the board of commissioners west of Pearl River, in the Mississippi Territory, provided the same do not exceed one thousand acres, which has been offered at public sale in the Mississippi Territory ; and on return being made to the Commissioner of the General Land Office, a patent shall issue as in other cases. March 1, 1817. No. 1303. AN ACT to enable the people of the western part of the Mississippi Vol. 3, p. 348. Territory to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States. Inhabitants of Be it enacted, <$-c., That the inhabitants of the western part of the the western part Mississippi Territory be, and they hereby are, authorized to form for of Mississippi themselves a constitution and State government, and to assume such a e ^ategovern 1 - name as they shall deem proper; and the said State, when formed, ment, be admit- shall be admitted into the Union upon the same footing with the origi- ted into thenal States, in all respects whatever. Union, &c. g EC $ And be it further enacted, That the said State shall consist of the State. al1 the territory included within the following boundaries, to wit: Beginning on the river Mississippi at the point where the southern boundary-line of the State of Tennessee strikes the same, thence east along the said boundary-line to the Tennessee River, thence up the same to the mouth of Bear Creek, thence by a direct line to the north- west corner of the county of Washington, thence due south to the Gulf of Mexico, thence westwardly, including all the islands within six leagues of the shore, to the most eastern junction of Pearl River with Lake Borgne, thence up said river to the thirty -first degree of north latitude, thence west along the said degree of latitude to the Mississippi River, thence up the same to the beginning, (a) MISSISSIPPI. 555 SEC. 4. And le it further enacted, * * * That the said convention Reservations shall provide, by an ordinance irrevocable without the consent of the ai } l conditionsof United States, that the people inhabiting the said Territory do agree and declare that they for ever disclaim all right or title to the waste or unap- propriated lands lying within the said . Territory, and that the same shall be and remain at the sole and entire disposition of the United States; and moreover, that each and every tract of land sold by Con- gress, shall be and remain exempt from any tax laid by the order, or under the authority, of the State, whether for State, county, township, parish or any other purpose whatever, for the term of five years, from and after the respective days of the sales thereof, and that the lands belonging to citizens of the United States, residing without the said State, shall never be taxed higher than the lands belonging to persons residing therein ; and that no taxes shall be imposed on lands the prop- erty of the United States, (&; and that the river Mississippi, and the navigable rivers and waters leading into the same, or into the Gulf of Mexico, shall be common highways, and for ever free, as well to the inhabitants of the said State, as to other citizens of the United States ; without any tax, duty, impost, or toll, therefor, imposed by the said State. SEC. 5. And le it further enacted, That five per cent, of the net pro- Reservation of ceeds of the lands lying within the said Territory, and which shall be five per cent, on sold by Congress from and after the first day of December next, after lan ? sold f r deducting all expenses incident to the same, shall be reserved for mak- and C anals & ing public roads and canals ; of which three-fifths shall be applied to those objects within the said State, under the direction of the legisla- ture thereof, and two- fifths to the making of a road or roads leading to the said State, under the direction of Congress: Provided, That the ap- Proviso: prior plication of such proceeds shall not be made until after payment is com- obligation s to pleted of the one million two hundred and fifty thousand dollars due to Georgia, &c., to the State of Georgia, in consideration of the cession to the United States, ^ first dischar g- nor until the payment of all the stock which has been or shall be created by the act, entitled u An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory," shall be com- pleted : And provided also, That the said five per cent, shall not be cal- Proviso : the culated on any part of such proceeds as shall be applied to the payment five per cent, not of the one million two hundred and fifty thousand dollars due to the to be calculated State of Georgia, in consideration of the cession to the United States, JSedfc or in payment of the stock which has or shall be created by the act, entitled " An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory." (c) * * * * * (a) See Nos. 1264, 1265, 1285, 1304, 1306. (&) See Nos. 169, 1394. (c) See Nos. 1015, 1266, 1314, 1340, 1366, 1374, 1382, 1398, 1415. No. 1304. AN ACT to establish a separate Territorial government for the eastern March 3 1817. part of the Mississippi Territory. YoL 3 p.' 371. ' [Part of Mississippi Territory to form a separate Territory to be~ called Alabama. See ALABAMA, No. 1443.] No. 1305. AN ACT to authorize the appointment of a surveyor for the lands in March 3, 1817. the northern part of the Mississippi Territory, and the sale of certain lands therein Vol. 3, p. 375. described. Be it enacted, #c., That a surveyor of the lands of the United States A surveyor of in the Mississippi Territory, lying north of an east and west line, to be J he . t la i l ( !l 5 drawn from the river Mississippi, through Fort Williams, to the west- bV appointed for ern boundary line of the State of Georgia, shall be appointed, whose that part of the duty it shall be to engage a sufficient number of skilful surveyors as Mississippi Ter- his deputies, and to cause the lands above mentioned, which have not {^^fuj^escom already been surveyed, and to which the Indian title has been extin- p en8a tiou, shall > with the exception of the section No. 16, in each 16, to be offered township, which shall be reserved for the support of schools therein, for sale, &c. (d) and with the further exception of such sections, not exceeding ten in number, as the President snail designate, for the purpose of laying out and establishing towns thereon, be offered for sale to the highest bidder, under the direction of the register of the land office, and the receiver of public moneys, at the place where the land office is kept, and on such day, or days, as shall, by proclamation of the President of the United States, be designated for that purpose; the sales shall re- Lands not to be main open two weeks, and no longer. The lands shall not be sold for sold for less than less than two dollars an acre, and shall in every other respect be sold *" 2 mdtMremain. in tracts of tne 8ame size, and on the same terms, and conditions, as ing unsold may have been, or may be, provided for lands sold in the same district. All be disposed of a"t the lands offered for sale, and remaining unsold at the close of the said private sale, in tne 8aitl State : which grant, hereby provided to be This prant in roade, shall be considered as made in iieu of a township directed to be lieu of a town- reserved by the fifth section of an act, entitled "An act to provide for ship reserved by the ascertaining and surveying of the boundary line fixed by the treaty 3 5gjf nl with the Creek Indians, and for other purposes," passed March three, ' The township ne thousand eight hundred and fifteen ; and which reserve of one town- reserved by act ship, provided to be made by the aforesaid fifth section of said act, shall 3 . 1?15 ' be offered for sale, in the same manner as the other public lands in the same district. () (a) See Xo. 1298. to be sold. March 3, 1819. Hf. 1310 AX ACT for adjusting the claims to land, and establishing land offices, ToL 3. p. 528 in the districts east of the island of Xew Orleans. [See LOUISIANA, No. 731.] Jan. 14, 1820. 3fo. 1311 .AN ACT for the relief of the legal representatives of Philip Barbour, Vol. 6, p. 236. deceased. The register ^ *"' enactc ^i $' c -i That the register of the land office and receiver of and receiver in public moneys of the United States, in the State of Mississippi, west of Mississippi to Pearl River, be, and they are hereby, authorized and directed, within report to the twelve months after the passage of this act, to report to the Commis- Offi D < the va?ue 8ioner of the General Land Office the value of fifteen hundred acres of of 1500 acres of land, situated on the river Mississippi, at the mouth of Big Black, corn- land, &c. monly called Grand Gulph, patented in the year one thousand seven hundred and seventy, by the government of West Florida, to Philip Bar- bour, deceased ; the said register and receiver having, in making such estimate, a due regard to the time when the said land, or any part of it, was sold by the Government of the United States : whereupon the said Commissioner of the General Land Office shall issue to the legal representative of the said Philip Barbour, deceased, a certificate of the amount so reported by the said register and receiver ; which certificate shall be receivable in payment of any debt which may have accrued, or shall hereafter accrue, to the United States, on the sale of any of the Proviso. public lands : Provided, however, That, before the said Commissioner of the General Land Office shall issue the certificate, the said legal repre- sentative shall file in his office a written release, under his hand and seal, with all the solemnities necessary to make it valid and operative, whereby he shall release to the United States all his claim to the said fifteen hundred acres of land. Aprils, 1820. Vol. 6, p. 239. Land title con firmed. Proviso. IVo. 131*. AX ACT for the relief of the legal representatives of John O'Connor, deceased. Be it enacted, <^e., That the legal representatives of John O'Connor, deceased, be, and they are hereby, confirmed in their title to a tract of land situated on Buftaloe Creek, in the State of Mississippi, containing eight hundred arpens, granted by the Spanish Government to William Conway, by patent, dated the fourteenth day of June, in the year of our Lord one thousand seven hundred and eighty-seven, and conveyed to John O'Connor, by the said Conway, on the twenty-sixth day of January, one thousand seven hundred and ninety-seven : Provided, That nothing in this act contained bhall affect the claim or claims of any other person or persons to the said land, or any part thereof, derived from the United States, or any other source whatever. May 8, 1820. N. 131 3. AX ACT for the relief of the heirs of Abijah Hunt and William Gordon VoL 6, p. 248. Forman. Connrmed~in ** ! '* enacted i $ c -> That the heirs of Abijah Hunt and William Gordon their claim to a Form an be, and they are hereby, confirmed in their claim to fifteen tract of land in hundred arpens of land, situated on the Mississippi River, near the Mississippi. mouth of Cole's Creek, in the State of Mississippi, being the same land which was conveyed to Abijah Hunt and William Gordon Forman, on the thirty-first day of May, one thousand eight hundred and two, by Charles Norwood,* executor of the last will and testament of John MISSISSIPPI. 559 Turnlmll : Provided, Nothing in this act shall be so construed as to affect Proviso, the claim of any other person or persons to the said land, or any part thereof, derived either from the United States or from any other source whatsoever. NO. 1314. AN ACT to provide for paying to the State of Missouri, Mississippi, May 3, 1822. and Alabama, three per cent, of the net proceeds, arising from the sale of the pub- Vol. 3, p. 674. lie lands within the same. SEC. 2. And be it further enacted, That the Secretary of the Treasury The Secretary shall, from time to time, and whenever the quarterly accounts of pub- f the "J lie moneys of the several land offices in the State of Mississippi shall cemof the net be settled, pay three per cent, of the net proceeds of the sales of the pr0 reeds of the lands of the United States lying within Ihe State of Mississippi, which, sales of public since the first day of December, one thousand eight hundred and seven- l ands Y 1 ? *?* teen, have been, or hereafter may be, sold by the United States, after gJ? ^JJJg* deducting all expenses incident to the same, to such person or persons expenses, to any as may or shall be authorized by the legislature of the said State of person authori- Mississippi to receive the same ; which sum or sums, thus paid, shall be izl to receive it. applied to making public roads and canals within the said State, accord- pa i(i to be'applied ing to the provisions on this subject contained in the act, entitled "An to the making act to enable the people of the western part of the Mississippi Territory of roads and ca- to form a constitution and State government, and for the admission of Jjjj*. J Miss18 ' such State into the Union on an equal footing with the original States," Annual account and to no other purpose ; and an annual account of the same shall be to be transmitted transmitted to the Secretary of the Treasury, by such officer or person to the Secretary of the State as the legislature thereof shall direct, and of its application, ot if any be made, and in default of such return being made, the Secre- tary of the Treasury is hereby required to withhold the payment of any sum or sums that may then be due, or which thereafter may become due, until a return shall be made as herein required. SEC. 3. And be it further enacted, That the Secretary of the Treasury The Secretary shall, from time to time, and whenever the quarterly accounts of pub- f tlie Treasury lie moneys of the several land offices in the State of Alabama shall be JSSPofSe Set settled, pay three per cent, of the net proceeds of the sales of the lands proceeds of the of the United States lying within the State of Alabama, which since sales of public the first day of September, in the year one thousand eight hundred and * and8 within the nineteen, have been, or hereafter may be, sold by the United States, after gjj^ 8 ? nC e Sept! deducting all expenses incident to the same, to such person or persons as i, 1819, deduct- may or shall be authorized by the legislature of the said State of Alabama ing expenses, to to receive the same ; which sum or sums, thus paid, shall be applied to a v . p ^ r80 ^ ^ making public roads and canals, and improving the navigation of rivers, G6 fre it within the said State of Alabama, under the direction of the legislature The sums thus thereof, according to the provisions on this subject contained in the act, paid to be ap- entitled "An act to enable the people of the Alabama Territory to form P^oads caSSs a constitution and State government, and for the admission of such State & j n Alabama'. into the Union on an equal footing with the original States," and to no other purpose ; and an annual account of the same shall be transmitted Annual account to the Secretary of the Treasury, by such officer or person of the State Jf on of e tll JKnTv as the legislature thereof shall direct, and of its application, if any be to be transmitted made ; and in default of such return being made, the Secretary of the to the Secretary Treasury is hereby required to withhold the payment of any sum or of the Treasury, sums that may then be due, or which thereafter may become due, until a return shall be made as herein required : Provided, That the Secretary Proviso, of the Treasury shall not allow to either of the said States of Mississippi and Alabama three per cent, on the net proceeds of the sales of public lands within the limits of the late Mississippi Territory, after deducting incidental expenses, until the sum of one million two hundred and fifty thousand dollars, stipulated to be paid by the United States to the State of Georgia, for the cession of the late Mississippi Territory, now com- posing the States of Mississippi and Alabama, shall have been first paid and deducted; nor%intil the stock created under the provisions of the act of Congress of the thirty-first of March, one thousand eight hun- dred and four teen, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory," and the act supplementary thereto, shall have been redeemed, or if not en- tirely redeemed the residue to be deducted from the net proceeds, (a) (a) See Nos. 1015, 1266, 1303, 1340, 1366, 1374, 1382, 1398, 1415. 560 MISSISSIPPI. May r., Is-.'-j >o. 1315. AX ACT providing for the disposal of the public lands in the State of Vol. 3, p. C?0. Mississippi, and for the hetter organization of the land districts in the States of Alabama and Mississippi. The tract of ^e it enacted, fc., That all that tract of country which was .-fded to ^"e^Choctaws^ the United States by a treaty with the Choctaw' Indians, held on the on October 18,' eighteenth day of October, in the year of our Lord one thousand eight 1820, formed into hundred and twenty, near Doake's Stand, in the State of Mississippi, a land district, be, and the same is hereby, formed into a land district; and for the Land office. disposal of the public lands in said district, a land office shall be estab- lished within the same, at such convenient place as the President of the United States may direct and appoint; and for said office a register A register and an( i receiver shall be appointed by the President, by and with the ud- SId r who e are vice and consent of the Senate, who shall severally give bond with to give bond with security, before entering on the duties of their respective offices, in security, to re- like manner and for like sums, shall receive similar compensation, fees, ceive similar an( i emoluments, and shall perform similar duties, and possess similar and pe toi m hke P ovvers > wi th all other registers and receivers of public moneys of the duties, as other United States, appointed bylaw for the disposal of the public land; registers and re- and shall, in all respects, be governed by the laws of the United States ceh-ers. &c. providing for the disposal of the public land : Provided, however, That the first sale of the lands within the district aforesaid may be held at Proviso such convenient place within the district west of Pearl River, as the District o f President of the United States may appoint. And provided also, That Pearl River. the President may, if it should be necessary, in consequence of the establishment of a new basis meridian, attach a portion of the land otherwise belonging to the district established by this act to the dis- trict west of Pearl River, (a) The President SEC. 2. And be it further enacted, That the President of the United much'of the Lnd States be, and he is hereby, authorized, when he shall think proper, to tne district of Jackson County ; and the President of the United office to be re- States shall cause the land office to be removed to such place, within moved, &c. the district of Jackson County, as established bj this act, as he may Part of the dis- deem convenient; and that part of the district of Jackson County County attached which lies within the State of Alabama shall be attached to, and con- to the district stitnte a part of, the district east of Pearl River, in Alabama; and it east of Pearl shall be the duty of the register of the district east of Pearl River, and River. o f the register of the district of Jackson County, each, to transfer to MISSISSIPPI. 561 the other, such books, records, surveys, or the transcripts thereof, as shall be necessary to carry into complete effect the provisions of this section of this act. (a) (a) See Nos. 731, 1266, 1272, 1275, 1279, 1298, 1305, 1310, 1328, 1349, 1355, 1363, 1373. (b) See Nos. 1266, 1271, 1275, 1277, 1295, 1298, 1305, 1339, 1365, 1366, 1375, 1387, 1402, 1406, 1416. (c) See Nos. 36, 59, 433, 1266, 1267, 1273, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1301, 1305, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. No. 1316. AN ACT for the relief of the legal representatives of John Girault. Be it enacted, #c., That the legal representatives of John Girault be, and they are hereby, authorized to enter, without payment, in lieu of two tracts of land which were confirmed to the said John Girault, by an act approved the thirtieth day of June, one thousand eight hundred and twelve, entitled "An act confirming claims to lands in the Missis- sippi Territory, founded on warrants of survey granted by the British or Spanish Government," two sections of land, agreeably to the surveys made by the United States, in any of the land offices in the States of Mississippi and Alabama ; and the register or registers with whom such entry or entries may be made, shall issue the necessary certificate or certificates, on the exhibition of which, at the General Land Office, a patent or patents shall issue in favor of the said legal representatives : Provided, Such entries be made within two years from the passage of this act, on lands which have been offered at public sale, and on at least four contiguous quarter-sections at a place : And provided also, That the said legal representatives shall first, in such manner as the Secretary of the Treasury may prescribe, relinquish all their right in said lands so confirmed to their ancestor. May 7, 1822. Vol. 6, p. 269. Authorized to enter, without payment, two sections of land in Mississippi or Alabama, in lieu, &c. Proviso. No. 1317. AN ACT granting a right of pre-emption to Noble Osborne and William May 7, 1822. Doake. Vol. 6, p. 270. Be it enacted, $c., That Noble Osborne and William Doake, of the Authorized to county of Hinds, and State of Mississippi, be, and they are hereby, au- enter the tracts thorized to enter, with the register of the land office who may be ap- of land on which pointed for the district in which they are situated, at the rate of one they reside, &c. dollar and twenty-five cents per acre, the tracts of land on which they respectively reside, not to exceed, in quantity, six hundred and forty acres each, and to be bounded by sectional or quarter-sectional lines ; and, on producing to the said register the receipts of the receiver of public moneys for said district, for the full amount of the purchase money, shall be entitled to patents as in other cases: Provided, Such Proviso, entry and payment be made at any time anterior to the first public sale of lands within said district. No. 1318. AN ACT supplementary to the several acts for adjusting the claims to land, and establishing land offices, in the districts east of the island of New Or- [ See LOUISIANA, No. 737.] May 8, 1822. Vol. 3, p. 707. No. 1319. AN ACT for the relief of the heirs and representatives of Alexander March 3 1823 Montgomery, deceased. . . Vol. 6, p. 282.' Be it enacted, $-c., That the heirs and legal repr dor Montgomery, deceased, be, and they are ht >resentatives of Alexan- Cert ai n i and8 lereby, authorized and granted to the empowered to enter four quarter-sections of land, at any time within Beirs of Alexan- three years from the passing of this act, at either of the land offices in der Montgome- the States of Mississippi or Alabama ; which said four quarter-sections y ' shall be in full satisfaction of all their claims for, and on account of, five hundred and seventeen arpens of land, situate on the waters of the Homochitto, in the now State of Mississippi, to which Alexander Mont- gomery was entitled by virtue of a Spanish order of survey for four hun- dred arpens, to Solomon Whitley, dated the fifth of May, seventeen hundred and ninety, and another for three hundred arpens, to John Mont- gomery, dated the twenty -sixth of April, seventeen hundred and ninety, which said lands have been in part sold by the United States. 36 L O VOL II 562 MISSISSIPPI. Lands must SEC. 2. And be it further enacted, That no lands shall be entered in 5j ve ^j 1 . off ^ r ' virtue of this act, which shall not have been previously offered at pub- ' lie sale ; nor shall any lards, surrendered under the authority of the act, entitled "An act for the relief of the purchasers of public lands prior to the first day of July, 1620," be so entered, until such lands shall have again been offered at public sale. March 3, 1823. No. 1320. AN ACT for the relief of Woodson "Wren. Vol. 6, p. gig. ^ j t enac t d, fa., That the register and receiver of the land office at Register and Jackson Courthouse be, and they are hereby authorized and required, receiver at Jack- on tne application of Woodson Wren, to receive and decide on the proofs to decide "ntto of his claim to a tract of land situated on the northeast side of the Bay claim. of Biloxi, between Belle Fontaine Point and the old French fort, which land he claims by virtue of a purchase from Littlepage Robertson ; and the said officers are to be governed, in all respects, by the act, entitled "An act lor adjusting the claims to land, and establishing land offices, in the districts east of the island of New Orleans," passed the third of Proviso. March, one thousand eight hundred and nineteen ; Provided, Such appli- cation be made before the first day of July, one thousand eight hundred and twenty -three, (a) (a) See Nos. 1345, 1385. May 24, 1824. No. 132 1 .AN ACT for the relief of the representatives of John Donnelson, Stephen VoL 6, p. 3 1 3. Heard, and others. His heirs to Be it enacted, fa., That the heirs and representatives of John Donnel- enter 5,oop acres son, Stephen Heard, William Downs, Joseph Martin, John Sevier, and bf d land ffi in a ^ y Tnoma8 Carr, or their heirs and representatives, respectively, be, and Mississi ppi o r tae y are nerebv authorized and empowered, severally, to enter, under Alabama. the direction of the Secretary of the Treasury, five thousand acres of land, at any time within two years from the passing of this act, in any land office in either of the States of Mississippi or Alabama ; being the amount of a grant made to them, by a resolution of the legislature of the State of Georgia, in the year one thousand seven hundred and eighty- Proviso, six : Provided, That the said claim shall be satisfied out of the five mill- ions of acres of land, set apart by the act of Congress, of the third of March, one thousand eight hundred and three, pursuant to the articles of agreement and cession, between the State of Georgia and the United States, entered into on the twenty-fourth day of April, one thousand Proviso. eight hundred and two : Provided, a Iso, That the acceptance of the grant hereby made shall be a discharge of all further claims against the United States by the persons herein named, or their heirs or legal representa- tives, under the said resolution of the legislature of the State of Georgia, (a) No entry to be SEC. 2. And be it further enacted, That said claims' shall not be located made for less or entered on any lands, except those which may have been, previously ^*ti n. * luarter " to the making of said entry, offered at public sale, nor upon any lands forfeited or relinquished to the United States ; nor shall any entry be Proviso. made for a less quantity than a quarter-section: Provided, Nothing herein contained shall prevent the entry of any fraction. (a) See Nos. 1325, 1347, 1364. Mav 26 1P24 No. 1322. AN ACT supplementary to the several acts providing for ascertaining VoT A A v> ' and adjusting the titles and claims to land in the St. Helena and Jackson Court- Vol.4,p. 59. house land districts. [/See LOUISIANA, No. 745.] April 22, 1826. No. 1323. AN ACT giving the right of pre-empiion, in the purchase of lands, to Vol. 4 p. 154. certain settlers in the States of Alabama, Mississippi, and Territory of Florida. ' ##### Right of pro- SEC. 5. And be it further enacted, That every person, or his or her legal emption, > That Polly Bell> otherwise called Polly Collins, or, May enter a in case of her decease, her legal representative, be, and hereby is, au- section of land in thorized to enter with the register of the land office for the Choctaw Mississippi. district, in the State of Mississippi, one section of land, in said district, of any lands within the same, which have not been offered at public Proviso. sale : Provided, That the said Polly Bell, otherwise Polly Collins, shall release to the governor of the State of Mississippi, for the use and ben- efit of a seminary of learning, all her right, title, and interest, in section numbered thirty-two, of township nine, and range four west, in said Choctaw district, which section has been heretofore entered by the Proviso. governor of said State for the use aforesaid : And provided, also, That the said Polly Bell, otherwise Polly Collins, actually resided upon the said section of land upon the day the same was entered by the governor of said State with the register of the land office. March 3, 1827. Ufa. 1330.- AN ACT for the relief of Thomas Gulledge. VoL6,p.366. Se it enact a j. Cmt That Thomas Gulledge, of Pike County, in the State May enter a of Mississippi, be, and he hereby is, authorized to enter with the reg- tract of land m ister of the Land Office at Washington, in said State, one half-quarter Mississippi. o f a 8ec tion of land, in the land district west of Pearl River, upon any land in said district which may have been offered at public sale before such entry shall be made, and which shall not have been sold : Pro- Proviso vided t That the said Thomas Gulledge shall, previous to such entry, sur- render his patent for the west half of the northwest quarter-section twenty, in township four, of range ten east, in the State of Mississippi, containing eighty acres, and convey to the United States all his right, title, and interest in the said half-quarter of a section above described in the said patent, according to the laws of the State of Mississippi, and to the satisfaction of the said register. May 9, 1828. No. 1331. AX ACT for the relief of Elvington Roberts, of Mississippi. VoL 6, p. 377. Be u 0^^ ^ That Elvington Roberts, of Adams County, in the Ma v relinquish State of Mississippi be, and he is hereby, authorized to relinquish to a certain tract of the United States the east half of the southeast quarter, section twenty- land, and enter four, in township two, of range four, east, in the State of Mississippi ; another in lieu an( j to enter, instead thereof, the east half of the southwest quarter of section number twenty-four, in township number two, of range num- ber four, east of the basis meridian , in the district of lands sold at Washington, Mississippi, if the same shall remain unsold when he makes application ; or if it shall have been sold, then he is permitted to enter any other half quarter-section in the same land district, that shall be liable to entry at private sale, instead of the lands relinquished by the provisions of this bill. May 19, 1828. No. 1332. RESOLUTIOX authorizing an examination of the claims to the land Vol. 6, p. 394. of John F. Carmichael. Claim to two Be u resolved, $c., That John F. Carmichael, of Wilkinson County, tracts of land State of Mississippi, be authorized to present to the register and receiver under the Span- of the land office at Washington, Mississippi, the papers and documents ish Government, having relation to the title to two tracts of laud which he claims by ' virtue of what he alleges to be complete grants from the Spanish Gov- ernment, in favor of Claudio Bougard, one dated the thirtieth of No- MISSISSIPPI. 565 vember, one thousand seven hundred and eighty-nine, for one thousand arpens, the other dated the sixth of March, one thousand seven hundred and ninety-four, for one thousand and thirty-four arpens, lying and be- ing in the States of Louisiana and Mississippi, divided by the line of demarcation which then existed between the two governments, and the said register and receiver are hereby authorized to examine and report, upon the same ; under all the rules, regulations, and responsibilities, which were made applicable to the board of commissioners appointed west of Pearl River, (a) (a) See No. 1338. No. 1 333. AN ACT supplementary to the several acts providing for the adjust- May 24. 1828. ment of land claims in the State of Mississippi. Vol. 4, p. 299. Be it enacted, #c., That the claimants of lands within that part of Claimants of the limits of the land district of Jackson Courthouse, in the State of lands within .that Mississippi, lying below the thirty-first*degree of north latitude, whose ^f T ^ jandd? 8 claims have been presented to the commisbioners appointed to receive trict of Jackson and examine claims and titles to lands in said district of Jackson Court- Courthouse ly- house, or to the register and receiver of the land office at Jackson Court- } n below the house, acting as commissioners under the provisions of the act of third or th latitude of March, one thousand eight hundred and nineteen, entitled "An act whose claims for adjusting the claims to lands, and establishing land offices in the have been pre- district east of the island of New Orleans," and which have not been 8ented . b . v tne reported to Congress, or whose claims have not been heretofore pre- u^^er 8 ^" 6 ? sented to said commissioners, or to the register and receiver acting as March 3, 1819, commissioners, or whose claims have been acted upon, but additional whose claims evidence adduced, be allowed until the first day of January, one thou- ha 7 e not t> een sand eight hundred and twenty-nine, to present their titles and claims, JJwed until' Jan! and the evidence in support of the same, to the register and receiver of i, 18^9, to present the land office at Jackson Courthouse, in the State of Mississippi, their titles, &c. whose powers and duties in relation to the same, shall, in all respects, be governed by the provisions of the acts before recited, and of the act of the eighth of May, eighteen hundred and twenty-two, entitled "An act supplementary to the several acts for adjusting the claims to land, and establishing land offices in the district east of the island of New Orleans." SEC. 2. And be it further enacted, That the said register and receiver Register and shall have power to receive and examine such titles and claims, and for receiver to hold that purpose shall hold their sessions at Jackson Courthouse, and the * hei sessions at town of Shieldsborough. They shall give immediate notice after the houir^nd^he passage of this act of the time and place of their meeting, but may ad- town of* Shields- journ from time to time as may b. st suit the convenience of claimants, borough, &c. upon giving due notice thereof. And the said register and receiver shall Register and have power to appoint a clerk, who shall be a person capable of trans- po^tTderk. ai lating the French and Spanish languages, and who shall perform the duty of translator and such other duty as may be required by the said register and receiver ; and the said register and receiver shall each be allowed, as a compensation for their services in relation to said claims, Their compen- and, for the (services to be performed under the provisions of the several sation each, acts to which this is a supplement, the sum of eight hundred dollars each, and the clerk the sum of eight hundred dollars : which several sums of money shall be paid out of any money in the Treasury not other- wise appropriated : Provided, That the payment of the.whole of the afore- Payment of said compensation shall be withheld by the Secretary of the Treasury, compensation tc until a report, approved by him, shalfhave been made to him by said {jf &" register and receiver, of the performance of the services herein re- quired, (a) (a) SeeNos. 718, 723, 731, 737, 745, 753, 1067, 1265, 1266, 12C8, 1270, 1271, 1275, 1276, 1284, 1286, 1287, 1292, 1294, 1296,1299, 1300, 1310,1318, 1322, 1324, 1334, 1336, 1386, 1388, 1399. No. 1334. AN ACT confirming the reports of the register and receiver of the land March 2, 1829. office for the district of St. Stephens, in the State of Alabama, and for other pur- VoL 4, p. 358. poses. [Certain claims to lands in the territory east of Pearl River and west of the Perdido to be filed with the register and receiver at Saint Steph- ens, Alabama. See ALABAMA, No. 1484.] 566 MISSISSIPPI. May 28, 1830. No. 1335. AX ACT for the relief of Ann Brashears, of Mississippi. Vol. 6, p. 436. Be it enact fi } f C} That upon the return of a plat and certificate of Land patent to survey, legally made, to the General Land Office, a patent shall be is- issue. sued to Ann Brashears for four hundred and eighty arpents of laud, in the county of Claiborne, and State of Mississippi, on the north side of the North Fork of Bayou Pierre, being the residue of a tract of eight hundred arpents surveyed for her, under the Spanish Government, by one William Thomas, then deputy surveyor for William Vausdan, sur- veyor, after deducting therefrom the quantity of three hundred and twenty arpents which has been confirmed to one Eichard Sparks ; which survey of eight hundred arpents included the place called the White Proviso. Lick Ground, and a camp near the centre thereof, in which one Ben- jamin Foy once resided : Provided, hoicerer, That such patent shall con- vey such title only as the United States now may have to it, and shall not include any land to which any other person has a legal title, and shall not be issued until satisfactory evidence be laid before the Com- missioner of the General Land Office, that it does not include any land to which any other person sets up a legal title. May 28, 1830. No. 1336. AN ACT to confirm certain claims to lands in the district of Jackson VoL 4. p. 408. Courthouse, in the State of Mississippi. Certain claims Be it enacted, <$c., That all the claims to lauds reported by the regis- confinned. ter and receiver of the land office for the district of Jackson Court- house, in the State of Mississippi, under the provisions of the act of Congress, approved on the twenty-fourth day of May, one thousand eight hundred and twenty eight, entitled u An act supplementary to the several acts providing for the adjustment of land claims in the State . of Mississippi," as founded on any order of survey, requette, permis- sion to settle, or other written evidence of claim derived from the Span- ish authorities, which ought, in the opinion of the said register and receiver, to be confirmed, and which, by the said reports, appear to be derived from the Spanish Government prior to the twentieth of De- cember, one thousand eight hundred and three, and the land claimed to have been cultivated and inhabited on or before that day, shall be Proviso. confirmed in the same manner as if the title had been completed : Pro- vided, That, in all such claims, where the plat and certificate of survey, made prior to the fifteenth day of April, one thousand eight hundred and thirteen, under the authority of the Spanish Government, in pur- suance of such claim, has not been filed with the said register and re- ceiver, such claim shall not be confirmed to any one person for more than twelve hundred and eighty acres ; and that for all the other claims comprised in the reports as aforesaid, and which ought, in the opinion of the register and receiver, to be confirmed, the claimant to such laud shall be entitled to a grant therefor, as a donation not to exceed twelve Proviso. hundred and eighty acres to any one person : And provided also, That the claim of the representatives of Louis Boisdore, numbered four, in report numbered three, shall not be confirmed to more than twelve hundred and eighty acres ; and all the confirmations of the said incom- plete titles and grants of donations, hereby provided to be made, shall amount only to a relinquishment for ever, on the part of the United States, of any claim whatever to the tract of land so confirmed or granted without prejudice to the interests of third persons. Lands inhabit- SEC. 2. And be it further enacted, That every person, or his or her legal ed before April, representatives, whose claim is embraced by the said register and re- 15, 1813. ceiver in their reports numbers five, six, and seven, of actual settlers, or their legal representatives, not having any written evidence of claim, shall, where it appears by the said reports that the land claimed or settled on had been actually inhabited and cultivated by such person or persons, in whose right the same is claimed, on or before the fifteenth day of April, one thousand eight hundred and thirteen, be entitled to Proviso. a grant for the land so claimed or settled on, as a donation : Provided, That not more than one tract shall be granted to any one person, and the same shall not exceed six hundred and forty acres, to include his or her improvements, and to be bounded by sectional or divisional lines; and that no lands thall be thus granted which are claimed or recognised by the preceding section, (a) Pre-emption SEC. 3. And be it further enacted, That every person, or his or her legal granted to cer- representatives, comprised in the aforesaid reports of actual settlers, tain persons. not having any written evidence of claim, who, OD the third day of March, one thousand eight hundred and nineteen, did, as appears by MISSISSIPPI. 567 Proviso. those reports, actually inhabit and cultivate a tract of land in the said district, not claimed under any written evidence of title legally de- rived from the French, British, or Spanish, Governments, or granted as a donation, shall be entitled to become the purchaser of the quarter- section, or two eighths of any section, on which the improvements may be, and including the same, at the same price for which other public lands are sold at private sale: Provided, That the same shall be en- tered with the register of the land office, within the term of two years, or before, if the same shall be offered at public sale : And provided also, Proviso. That, where any such person is settled on, and has improved any school lands in said district, such person shall be governed by the provisions of the fourth section of the act approved on the twenty-second day of April, one thousand eight hundred and twenty-six, entitled "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 Flor- ida." (&) SEC. 4. And be it further enacted, That the register and receiver of the said district shall possess the same powers, and perform the same duties, in relation to the claims confirmed by this act, as are given to, and re- quired of them by the act of Congress of theighth of May, one thou- sand eight hundred and t wenty- two, entitled u An act supplementary to the several acts for adjusting the claims and titles to lands, and estab- lishing land offices, in the district east of the island of New Orleans. (a) See Nos. 718, 723, 731, 737, 745, 753, 10R7, 1265, 1266, 1268, 1270, 1271, 1275, 1276, 1284, 1286, 1287, 1292, 1294, 1296, 1299, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1386, 1388, 1399, (&) See Nos. 36, 59, 433, 1266, 1267, 1273, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1301, 1305, 1315, 1323, 1327, 1361, 13d2, 1391, 1408, 1414, 1416, 1417. Powers, &c., of igister and re- iver. Proviso. No. 1337 .-AN ACT for the relief of the heirs of Colonel John Ellis, deceased. May 29, 1830. Be it enacted, #c., That the heirs of Colonel John Ellis, formerly of >p the State of Mississippi, now deceased, be permitted to enter, without Authorized to the payment of any consideration therefor,' one section of the public f nt r a section of land, according to the public surveys hitherto made, in the State of Mississippi; and that a patent therefor be issued to them by the proper authority : Provided, however, That, previous to the issuing of said patent, they shall file with the Commissioner of the General Land Office a deed, relinquishing to the United States all claim to a tract of land of like quantity, for which a certificate, number thirty-one, regis- ter's number one thousand and one, was issued to their ancestor John Ellis, on the eighteenth day of September, one thousand eight hundred and fifteen, by Nicholas Gray, register, and Parker Walton, receiver, west of Pearl River, acting as commissioners under the act of Congress of the thirtieth of June, one thousand eight hundred and twelve, entitled "An act confirming claims to lands in the Mississippi Territory, founded on warrants of survey granted by the British or Spanish Governments." SEC. 2. And be it further enacted, That no patent shall be issued on any survey founded on said certificate j and that any patent so issued, shall be absolutely void. No. 1338.- AN ACT for the relief of John F. Carmichael, of the State of Missis- May 31, 1830. sippi. Yol. 6, p. 449. Be it enacted, #c., That John F. Carmichael, of the State of Mississippi Land olaii be, and he is hereby, confirmed in his claims to two tracts of laud, by confirmed, virtue of two Spanish grants in favor of Claudio Bourgard, one dated the thirtieth of November, one thousand seven hundred and eighty- nine, for one thousand arpens, the other dated sixth March, one thou- sand seven hundred and ninety- four, for one thousand and thirty-four arpens, lying and being partly in each of the States of Louisiana and Mississippi, on Week's Creek, which rises in Wilkinson County, Missis- sippi, and runs into the parish of Feliciana, Louisiana, through the line of demarkation dividing said States, near the Lake of the Cross, adjoin- ing the lands of Christian Bingaman on the south ; the same having been reported for confirmation by the commissioners of the land office at St. Helena, Louisiana, in their report of January, one thousand eight hundred and twenty- four. 568 MISSISSIPPI. Patents to is- SEC. 2. And be it further enacted, 'That the Commissioner of the Gen- 8ue - eral Land Office, upon being presented with plats and certificates of survey of the said tracts of laud, legally executed by a proper officer, shall issue patents for the same ; which patents shall operate only as a relinquishment, on the part of the United States, of all right and title to said lands. Eight to enter SEC. 3. And be it further enacted, That, if it shall appear to the satisfac- other land. tion of the Commissioner of the General Land Office that the claims, or any part thereof, herein mentioned, shall have been sold, patented, or confirmed, to any other person, previous to the passage of this act, then, and in that case, the said John F. Carniichael shall be allowed to enter the same number of acres of the claims thus sold, patented or con- firmed, to any other person, on any of the unappropriated lands in the State of Mississippi, in the land district of St. Helena, in the State of Louisiana, that may be subject to private entry, conforming, in such entry, to the divisions and subdivisions established by law. (a) (a) See No. 1332. Jan. 13, 1831. So. 1339. AX ACT for the benefit of schools in Lawrence County, Mississippi. Be it enacted , p- 469 ' of the State of Tennessee, be, and he is hereby, authorized and required Survey of land to cause to be surveyed by the proper officer a certain tract of land, claim, claimed by Samuel Coburn, lying on the waters of Chubby's Fork of the Bayou Pierre, Claiborne 'County, Mississippi, originally claimed by William Thomas, by virtue of a Spanish warrant or order of survey, granted to said Thomas on the twenty-first of March, one thousand seven hundred and ninety-five j and that a correct return and plat of the same be made to his office, statiog how much of said claim has been sold or confirmed by the United States, to Abraham Barnes or any other person. SEC. 2. And be it further enacted, That the said Samuel Coburn is au- Location of thorized to locate, on auy of the public lands within the State of Mis- land, sissippi, so many acres of the claim above referred to as may be ascer- tained by said "survey and plat to be sold or confirmed to Abraham Barnes or any other person ; and that the remainder of the original Spanish grant to Thomas be, and the same is hereby, confirmed to Sam- uel Coburn : Provided, That such confirmation shall only operate as a p rov iso. relinquishment of all right and title on the part of the United States to said land. No. 1345. AN ACT for the relief of Woodson Wren, of Mississippi. March 3, 1831. Be it enacted, #c., That Woodson Wren, of the State of Mississippi, be, VoL6 ' p - 469 ' and he is hereby, confirmed to a tract of land containing eight hundred Claim to land arpens, situated on the east side of the bay of Biloxi, in the county of confirmed. Jackson, and State of Mississippi, between Bellfontaine and the old French fort, claimed by virtue of a purchase from Littleberry Robert- son, and reported for confirmation by the register and receiver of the land office at Jackson Courthouse, Mississippi, dated July the twelfth, one thousand eight hundred and twenty-three. SEC. 2. And be it further enacted, That the Commissioner of the Gen- Patent to be is- eral Land Office, upon being presented with plats and certificates of sued, survey of the said tract of land, legally executed by a proper officer, shall issue a patent for the same ; which patent shall operate only as a relinquishiuent, on the part of the United States, of all right and title to said land. SEC. 3. And be it further enacted, That, if it shall appear to the satis- In case said faction of the Commissioner of the General Land Office that the claim tract shall have herein above alluded to, or any part thereof, shall have been sold, pat- f^d to .'enter ented, or confirmed, to any person, previous to the passage of this act, ano ther tract, then and in that case, the said Woodson Wren shall be allowed to enter the same number of acres of the claim thus sold, patented, or confirmed, to any other person, or any of the unappropriated lands in the State of Mississippi that may be subject to private entry, conforming, in such entry, to the divisions and subdivisions established by law. (a) (a) See Nos. 1320, 1385. 570 MISSISSIPPI. April 20, 1832. IVo. 1346 AX ACT for the relief of Jefferson College in the State of Mississippi. Vol. 6, p. 484. Be it enactt .a t g, Cmj That the trustees of Jefferson College in the State Trustees au- of Mississippi be, and they are hereby, authorized to relinquish by a thorized to relin- resolution of the board, all the right, title and interest of said college qui tai Fi lanV tO in and to certain lands to be particularly described in said resolution by the sectional numbers being in township number ten, of ranges number one and two west, in the district of lands offered for sale at St. Stephen's, heretofore reserved for the use of said college ; and an attested copy of said resolution signed by the president and secretary of the board under the corporate seal of the institution, shall be placed on file in the Gen- eral Land Office, and operate as a full release of all claim to said lands on the part of said college. Authorized to SEC. 2. And be it further enacted, That the board of trustees of said locate certain college, under the superintendence of the Secretary of the Treasury other lands, &c. 8 hall be, and is hereby, authorized to locate or enter, or cause to be located or entered, in tracts not less in quantity than two sections in one body, such a number of sections, or legal subdivisions of sections of the unappropriated land of the United States, within the State of Mis- sissippi, as may be equal in number to those which may be relinquished by said board in virtue of the first section of this act, to be selected, entered or located, either before or after the same may have been offered at public sale, conforming in such entries or locations, to the legal sub- divisions established by the surveys made or to be made under the Register to is- authority of the United States; and such entries or locations shall be sue certificate, made with the register of the laud office for the district in which the &c> land so entered or located may lie, and it shall be the duty of such reg- ister to designate such land on the maps and other books in his office in the. same manner as lauds sold by him, and to issue in each case a certifi- cate of such entry or location in the form to be prescribed by the Com- missioner of the General Land Office, which certificate shall vest a full and complete title to the land described therein in Jefferson College, and thereupon a patent shall issue. Authority to SEC. 3. And be it further enacted, That the board of trustees of Jeffer- sell or lease. son College be and they are hereby authorized and permitted to sell or lease for any term of years, the lands which may be entered or located by virtue of this act, for the benefit of said college, and the deed or deeds of the said trustees, shall vest a valid title in fee- simple in all lands sold by them in virtue of the authority herein conferred : Provided, ' Proviso. That the proceeds of such sales shall constitute a permanent fund for the use of said college. Authority to SEC. 4. And be it further enacted, That to enable the trustees to secure transfer right of to the said college, all the benefits arising from this act with as little locati y> delay and expense as practicable, they may and they are hereby author- ized, if in their opinion the interests of said institution would be pro- moted thereby, to transfer the right of location or entry conferred by this act, either in whole or in part ; and the person or persons legally holding the deed or deeds of transfer, passed under the corporate seal of said college, shall be allowed to make the selection, entry, or loca- tion, in the manner provided and in the quantity so transferred, and shall be entitled to receive a certificate or certificates from the register of the proper land district, and which shall be issued to the legal holder of such deed of assignment as the assignee of Jefferson College, and the title under such certificate shall be accounted and held as valid and complete as if a patent had issued therefor, and all certificates, which may be issued by virtue of this act, shall be recorded in the office from which they emanate, and for each certificate so issued and recorded, the register shall be entitled to two dollars, to be paid by the party in whose favor such certificate may be issued, (a) (a) See Kos. 1266, 1268, 1282. May 19, 1832. No. 1347. AN ACT to revive and continue in force "An act for the relief of the Vol. 6, p. 486. representatives of John Donelson, Stephen Heard, and others." ActofMav24 ^ e *'* nact d, #c., That an act, entitled "An act for the relief of the 1824, revived and representatives of John Donelson, Stephen Heard, and others," passed continued for the twenty-fourth of May, one thousand eight hundred and twenty-four, twelve months. b 6j an( i ^ ne 8 ame is hereby, revived and continued in force for the term of twelve months, from and after the passage of this act, (a) (a) See Nos. 1321, 1325, 1364. MISSISSIPPI. 571 No. 1348. AN ACT for the relief of Allen W. Hardie. May 19, 1832. Be it enacted, #c., That Allen W. Hardie, of the city of New York. ^ 01 -^>P^87. be, and he is hereby, permitted, at any time before the first day of July, Permitted to , in the year one thousand eight hundred and thirty-two, to complete the complete p a payment for the southeast quarter of section three, in township three, JJjJJt tor^certaui of range five, east, in the district of land west of Pearl River, contain- ceive'patents. ing one hundred and forty-six and sixty-two hundredths acres; and, also, fcr the southwest quarter of section three, in township three, of range five, east, in the same district, containing one hundred and forty- six and sixty-two hundredths acres; which two quarter-sections of land were purchased in one thousand eight hundred and eighteen, at the price of two dollars per acre, each, and one-fourth of the price then paid, by Abram Lundy, under whom the said Hardie claims by several assign- ments, but the remaining three-fourths of the price are still unpaid; and that, upon said Hardie completing the payment for said two quarter- sections of land at the General Land Office in Washington, at any time before said first day of July, one thousand eight hundred and thirty- two, according to the terms offered by the first section of an act, ap- proved thirty-first March, one thousand eight hundred and thirty, en- titled "An act for the relief of the purchasers of public lands, and for the suppression of fraudulent practices at the public sales of the lands of the United States," patents for the two quarter- sections above de- scribed shall issue to him in the usual form : Provided, however, That Proviso. nothing herein contained shall be construed to affect the right of any other person or persons claiming under the original purchase of Abram Lundy. No. 1349. AN ACT to authorize the removal of the land office from Mount Salus, May 22, 1832. in the State of Mississippi, and to remove the land office from Franklin to Fayette, Vol. 4, p. 517. in the State of Missouri. - - ~ - ~~ Be it enacted, #c., That the land office at Mount Salus, in the Choctaw be removed 068 district, in the State of Mississippi, shall be removed to, and located at, such place in the said 'laud district as the President of the United States may direct, if in his opinion any removal be necessary; and that the land office at Franklin, in the county of Howard, State of Missouri, shall be removed to, and located in, the town of Fayette in said county; and it shall be the duty of the registers, and the receivers of public money for said land offices, within sixty days from and after the pas- sage of this act, to remove the books, records, and whatever else belongs to said offices, to their respective places of location as herein provided for. (a) (a) See Nos. 731, 1266, 1272, 1275, 1279, 1298, 1305, 1310, 1315, 1328, 1355, 1363, 1373. No. 1350. AN ACT for the relief of Nathaniel A. Ware. Ju l y 13, ig32. Be it enacted, #o., That Nathaniel A. Ware be, and hereby is, author- Vol' 6, P. 508. ized to locate, on any of the unappropriated lands of the United States, Authorized to in the State of Mississippi, subject to sale at private entry, two thou- locate 2,000 acres sand acres of land, in lieu of the like quantity, or of two thousand three of land in Missis- hundred and sixty-four arpens, granted to Alexander Moore, by virtue W PP 1 - of a Spanish patent dated the twenty-second day of June, in the year of our Lord one thousand seven hundred and ninety-one, and confirmed to James Moore, under whom the said Nathaniel A. Ware claims, by the board of commissioners west of Poarl River, on the fifth day of Sep- tember, in the year of our Lord one thousand eight hundred and five, and sold by the United States : Provided, That the location herein au- proviso, thorized shall conform to the divisions and subdivisions established by law : And provided, also, That the said Nathaniel A. Ware shall execute p rov i 80 . a deed, in such form as the Secretary of the Treasury of the United States shall approve, relinquishing and surrendering to the United States the land granted as aforesaid, to the said Alexander Moore. No. 1351. AN ACT for the relief of the legal representatives of Peter, Catharine, July 13, 1832. and Uharles Surget. Vol. 6, p. 509. Be it enacted, #c., That the legal representatives of Peter, Catharine, Authorized to and Charles Surget, that is to say, Francis Surget, Jacob Surget, Char- locate 640 acres lotte C. Bingaman, James Surget, Catharine Pilmore, and William Sur- of land in Mis- get, the living heirs of Peter and Catharine Surget, and Charles Surget, deceased, in conjunction with the devisees of Susannah Stocker, who was also one of the heirs, but died, devising her real estate to Charlotte C. 572 MISSISSIPPI. Bingaman, Catharine Pilmore, James Surgei, and Adam L. Bingaman, who, as such, are entitled to one undivided seventh part of said two grants of land to Peter and Charles Surget, be, and they are hereby, authorized to locate, on any of the unappropriated lands of the United States, in the State of Mississippi, subject to sale at private entry, six hundred and forty acres of land, in lieu of the like quantity granted, to Peter Snrget by virtue of a Spanish warrant or order of survey dated November thirteenth, one thousand seven hundred and ninety- four, and confirmed to Catharine Surget (wife of said Peter) on the twenty-sixth of November, one thousand eight hundred and twelve, and sold by the United States. Representa- SEC. 2. And be it further enacted. That the legal representatives of tives of Charles Charles Surget be, and they are hereby, authorized to locate on any of izeKlSe500 t l ieuna PP ro P riated lands of the United States, in the State of Missis- arpens, &c. sippi, subject to sale at private entry, five hundred arpens, in lieu of the like quantity granted to Charles Surget by virtue of a warrant or order of survey, dated December thirteenth, one thousand seven hun- dred and ninety-four, and confirmed by the board of commissioners west of Pearl River, on the twenty- sixth day of November, one thousand eight hundred and twelve, and sold by the United States : Provided, Proviso. That the locations herein authorized, shall, in each case, conform to the divisions and subdivisions established by law. July 14, 1832. No. 1352. AN ACT granting to Middleton McKay, a section of land in lieu of the Vol. 6. p. 521. reservation given him by the treaty of Dancing Rabbit Creek. Grant of land Be it enacted, $c. That there be granted to Middleton McKay, of the to him. State of Mississippi, six hundred and forty acres of land, including his Proviso. improvements: Provided, The said Middleton McKay shall release to the United States, in such form as the Commissioner of the General Land Office may direct, all right or interest he may have in a reserva- tion secured to him by the treaty made with the Chocta ws at Dancing Proviso. Rabbit Creek; Provided, That the said Middletou McKay shall hold the said six hundred and forty acres hereby granted, (to be surveyed in such form as the original reservation in said treaty was required to be surveyed) subject to the conditions and restrictions imposed by the said treaty upon the original reservation. July 14, 1832. No. 1353.- AN ACT for the relief of Hartwell Vick of the State of Mississippi. Vof. 6, p. 523. Jesse Bell au- SEC. 2. And be it further enacted, That Jesse Bell of Wilkinson County, locate Mississippi, be, and he is hereby authorized to locate in tracts of not less than eighty acres, not exceeding one section of any of the unap- propriated lands of the United States within the State of Mississippi, subject to entry at private sale at the time of such location, in lieu of fractional section number fifteen, in township two of range four west, purchased on the seventh day of December, in the year eighteen hun- dred and eighteen, by his father William Bell, deceased, through a mis- take in the original plat of survey : for which land, when so located, a patent shall issue to the said Jesse Bell, in the manner prescribed by law for the issuing of patents in other cases, on transmitting to the Gen- eral Land Office a certificate of the register of the proper office of his Proviso. having made such location : Provided, The said Jesse Bell shall file in the land office of the district where such land may lie, a reliuquishmeut of all of his right, title, and interest, in and to the fractional section en- tered by mistake as aforesaid, in such form as shall be directed by the Secretary of the Treasury. Jan. 28, 1833. No. 1354. AX ACT for the relief of Matthews Flournoy, and R. J. Ward of the Vol. 6, p. 529. State of Mississippi. Exchange of Be it enacted, cfc., That section number eleven, in township number reservation for fourteen, and range eight, west, in the State of Mississippi, be, and the schools. same is hereby, reserved from sale, and appropriated for the use of schools in the said township, in lieu of section number sixteen, in that township; and thesec'>iou number eleven shall be taken and held in all respects, and for the same purposes, as section number sixteen would have been held and taken, if this act had not been passed: Provided, MISSISSIPPI. 573 That the Secretary of the Treasury shall first be satisfied, that the ma- Proviso, jority of the inhabitants of said township, desire said exchange. SEC. 2. And be it further enacted, That the said sixteenth section shall be liable to be sold in the same manner as section number eleven would have been, if this act had not been passed. No. 1355. AN ACT to create sundry new land offices, and to alter the boundaries March 2, 1833. of other land offices of the United States. Vol. 4, p. 653. Be it enacted, #c., That so much of the lands ceded to the United States by the treaties made and concluded with the Choctaw tribe of to form north 8 Indians, near Doak's Stand, on the eighteenth day of October, one western land dis- thousand eight hundred and twenty, and at Dancing Rabbit Creek, on trict. the twenty -seventh day of September, one thousand eight hundred and thirty, as is situated north of the line dividing townships nineteen and Bounds. twenty, and west of the line dividing ranges seven and eight, east, be, and the same is hereby, established into a land district, to be designated as the northwestern district. 4 SEC. 2. And be it further enacted, To so much of the land ceded by the Choctaw dis- Choctaw tribe of Indians to the United States, by said treaty of the*" *. b Y act of twenty-seventh day cf September, one thousand eight hundred and JJJJJp ' ex " thirty, as is situated west of the basis meridian, and south of the di- viding line between townships nineteen and twenty, north.be, and the same is attached to the Choctaw district, established by an act of the seventh of May, eighteen hundred and twenty-two. SEC. 3. And be it further enacted, That so much of the lands ceded to Northeastern the United States, by said treaty of the twenty-seventh of September, district. eighteen hundred and thirty, as is situated north of the dividing line between townships seven and eight, east of the basis meridian, and Boun( j 8 south of the northwestern district, and the southern boundary of the lands of the Chickasaw tribe of Indians, shall constitute a land district to be designated as the northeastern district ; and the lands of the Lands in Mon- United States in the counties of Monroe and Lowndes, now subject to roe . &-i to be sale in the Choctaw district, shall, from and after the first day of May sut) J eci next, be subject to sale at the land office in the said northeastern dis- trict ; and it shall be the duty of the register at Mount Salus, under in- structions from the Commissioner of the General Land Office, to trans- Transfer of fer all such books, maps, records, field-notes, and plats, or transcripts books, &c. thereof relating to the surveys of the public lands in Monroe and Lowndes Counties, to the register of the northeastern district, as may be necessary to enable him to comply with the provisions of this act. SEC. 4. And be it further enacted, That so much of the land ceded to the Augusta di s- United States by the said treaty of the twenty-seventh of September, ff ict; , addition eighteen hundred and thirty, as is situated south of the dividing line tn ' between townships seven and eight, be attached to, and constitute a part of, the Augusta land district. SEC. 5. And be it further enacted, That, for the disposal of the public Land offices of lands in the northeastern and northwestern districts, a land office shall be established in each, at such convenient place as the President of the districts. United States may designate ; and, for each of said offices, a register and receiver shall be appointed by the President, by and with the ad- vice and consent of the Senate, who shall severally give bond and se- curity, according to law, before entering on the duties of their respective offices. They shall receive the same compensation, fees, and emolu- ments, and shall perform similar duties, and possess the same powers, with all other registers and receivers of public moneys of the United States, and shall, in all respects, be governed by the laws of the United States providing for the sale of public lands, (a) * * # * * * * (a) See Nos. 731, 1266, 1272, 1275, 1279, 1298, 1305, 1310, 1315, 1328, 1349, 1363, 1373. No. 1356. AN ACT authorizing the removal of the office of surveyor-general of March 2, 1833. public lands south of Tennessee. Vol. 4, p. 662. Be it enacted, #c., That after the first day of April next, the office^ of Surveyor - gen- the surveyor-general of public lands south of Tennessee, shall be kept eral 8 offic e re- at, Jackson, the seat of government of the State of Mississippi, (a) 80n # * * * # * # (a) See Nos. 37, 777, 1266, 1269, 1272, 1298, 1305, 1343. 574 MISSISSIPPI. June 30, 1834. No. 1357. AX ACT to amend an act entitled "An act for the relief of William Vol. 6, p. 579. Barns, of Mississippi," approved February nineteen, one thousand eight hundred and thirty -one. Authorized to Be it enacted, fyc., That William Burris be authorized to relinquish to relinquish a title the United States his title to the east half of the northwest quarter of to a tract of land, ge ction twenty-one, township three, range six east, instead of the east half of the southwest quarter of section twenty-one, township three, range six east, as authorized by the act to which this is an amend- ment, (a) (a) See No. 1341. June 30, 1834. Jfo. 1358. AX ACT for the relief of Hishe Homa, otherwise called Captain Red YoL 6, p. 596. Pepper, an Indian of the Choctaw tribe. Entitled to 640 B C M enacted, alia8 g ilas Fis her, De> and Authorized to is hereby, authorized to locate the reservation of one section of land locate a section granted to him by the second article of the supplement to the treaty of Dancing Rabbit 'Creek, made and entered into on the twenty-seventh day of September, in the year of our Lord one thousand eight hundred and thirty, between the United States of America and the Mingoes, chiefs, captains, and warriors of the Choctaw tribe of Indians, on any of the unimproved and unoccupied lands within the limits of that tract of country ceded by the said Indians to the United States by the treaty aforesaid, on such terms and conditions, and under such rules and reg- ulations, as may be prescribed by the proper department of the Govern- ment in similar cases arising under said treaty, (a) (a) See No. 1362. March 3, 1835. No. 1360. AN ACT for the relief of Eichard T. Archer. Vol. 6, p. 614. . That Ric h ar d T< Arc her, of the State of Mississippi, Authorized to be, and he is hereby, authorized to become the purchaser of the south purchase a tract half of section thirty-three of township twenty, of range two east, of lands in the northwestern district of lands in the late Choctaw pur- chase, in the State of Mississippi, at the price of one dollar and twenty- five cents per acre, the said half-section of land having been illegally reserved from the location of the said Archer, under an assignment of a grant from the trustees of Jefferson College, in the said State, at the public sale of lands at Chocehuma, in the month of October, in the year eighteen hundred and thirty-three. May 9 1836. No. 136J. RESOLUTION to suspend the sale of a part of the public lands ac- VoL 5, p. 131. quired by the treaty of Dancing Rabbit Creek. Reservat ions Be it resolved, $c., That so much of the public lands, acquired by the of lands to be treaty concluded with the Choctaw nation of Indians, at Dancing withheld fromR a bbit Creek, on the twenty- eighth day of September, eighteen hun- Decemberi 1836 dred and thirt y> as ha8 been conditionally, or otherwise located by the ' locating agent of the United States to persons claiming reservations under the fourteenth article of said treaty, be withheld from public Proviso. sale until the first day of December next : Provided, That nothing herein contained, shall be taken or construed as indicating any intention on the part of Congress to confirm said claims, (a) (a) See Nos. 36, 59, 433, 1266, 1267, 1273, 1274, 1275. 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1301, 1305, 1315, 1323, 1327, 1336, 1382, 1391, 1408, 1414, 1416, 1417. MISSISSIPPI. 575 No. 1362. AN ACT for the relief of Silas Fisher, a Choctaw Indian. May 28, 1836. Vol. 6, p. 633. Be it enacted, $c., That the location of the reservation secured to Silas Fisher, by the second article of supplement to the treaty of Dancing Location of Rabbit Creek, concluded with the Choctaw Indians, on the twenty- r eighth day of September, eighteen hundred and thirty, and recognized by the act of Congress, of the thirteenth of February, eighteen hundred and thirty-five, which has been located on the north half of section fif- teen, and the south half of section ten, township twenty-four, range eight west of the northwestern district of the State of Mississippi, be, and the same is hereby confirmed, and a patent may issue, as in other cases, agreeably to said treaty, (a) (a) See No. 1359. No. 1363. AN ACT to remove the land office from Clinton to Jackson, in the June 23, 1836. State of Mississippi. Vol. 5, p. 57. Be it enacted, $c., That the land office at present established at Clin- Land office re- ton in the State of Mississippi be hereafter kept at Jackson, in the same moved to Jack- State, (a) (a) See Nos. 731, 1266, 1272, 1275, 1279, 1298, 1305, 1310, 1315, 1328, 1349, 1355, 1373, 1410. No. 1364. AN ACT to revive and extend the provisions of an act passed on the June 23, 1836. twenty-fourth May, eighteen hundred and twenty-four, entitled "An act for the Vol. 6, p. 643. relief of the representatives of John Donelson, Stephen Hefird, and others." Be it enacted, #c., That an act entitled "An act for the relief of the Act of March representatives of John Donelson, Stephen Heard, and others," be, and ^ 1824 ' extei the same is hereby, revived and continued in force for the term of twelve mouths from and after the passage of this act ; and that the said repre- sentatives, in addition to the States of Alabama and Mississippi, be, and they are hereby, authorized to enter said lands at any of the land offices in Louisiana or Arkansas, (a) (a) See Nos. 1321, 1325, 1347. j u i y 3, 1836. Yol. 6, p. 673. No. 1365. AN ACT for the relief of the trustees of common schools in township eight, range eleven east, in the State of Mississippi. Be it enacted, tyc., That the trustees of common schools in township Authorized to eight, range eleven east, in the State of Mississippi, be authorized tolo- locate a tract of cate, for the use of schools in said township, one section of six hundred land. and forty acres of land, by sectional lines, of any of the public lands in the State of Mississippi, subject to entry at private sale, (a) (a) See Nos. 1266, 1271, 1275, 1277, 1295, 1298, 1305, 1315, 1339, 1366, 1375, 1387, 1402, 1406, 1416. No. 1366. AN ACT to carry into effectj in the States of Alabama and Mississippi, July 4, 1836. the existing compacts with those States in regard to the five per cent, fund, and the Vol. 5, p. 116. school reservations. ' Be it enacted, $c., That a sum equivalent to five per cent, of the iiett A sum equiva- proceeds of the lands within the State of Mississippi, ceded by the Chick- JJJJ.* c t c asaws by the treaty of the twentieth of October, eighteen hundred and served from sales thirty-two, which have been or may hereafter be sold by Congress, shall of Chickasaw be, and is hereby, reserved, out of any moneys in the Treasury not nth- land? in Misi erwise appropriated, to be applied in the same manner, and for the same 8 J uses and purposes, as is designated by the fifth section of the act of Con- gress of the first of March, eighteen hundred and seventeen, (a) SEC. 2. And le it further enacted, That there shall be reserved from sale, in the State of Mississippi, a quantity of land, equal to one thirty- salary at the rate of three thousand dollars per annum, the secretary a salary at the rate of fifteen hundred dollars per annum, and the district attorney a salary at the rate of two thousand dollars per annum, to be paid quarterly out of any money in the Treasury not otherwise ap- propriated. MISSISSIPPI. 577 SEC. 6. And be it further enacted, That said commissioners buall have Commissioners full power to summon and cause to come before them, such witnesses t Q sumimm^ * as they may deem necessary, and to have them examined on oath, and nes ses, &c. if any witness shall testify falsely, with an intention to mislead said commissioners, such witness shall be guilty of wilful and corrupt perjury, and shall, upon conviction before any jurisdiction having cog- nizance thereof, suffer the punishment by law inflicted on those guilty of that offence. SEC. 7. And be it further enacted, That nothing contained in this act Nothing in this shall be so construed as to sanction what is called contingent locations act to be so con- which have been made by George M. Martin for the benefit of such Sthe conti Indians, as were supposed to have been entitled to other lands, which gent locations have been sold by the United States: such contingent locations having made by G. M. been made, without any legal authority. It being the true intent of Martin, this act to reserve to Congress the power of doing that which may ap- pear just when a correct knowledge of all the facts is obtained. SEC. 8. And be it further enacted, That this act shall be in force to the Act limited to first day of March eighteen hundred and thirty-eight next, and no March i, 1838. onger. (a) (a) See Nos. 1371, 1372, 1380, 1389, 1392, 1395, 1405, 1407, 1409, 1411. No. 1369. AN ACT for the relief of Green Pryor and the heirs of Peter Pryor. March 3, 1837. Be it enacted, $c., That the President of the United States cause to be Vo1 - 6 P- 693 - issued to Green Pryor and the heirs of Peter Pryor, a patent for frac- Land patent to tional section number two, of township fourteen, range five east, in the be issued. Washington land district, in the State of Mississippi, it being the same entered by Isham Arthur, on the sixteenth day of October, eighteen hundred and sixteen, and by him transferred to Green and Peter Pryor. No. 1370. AN ACT for the relief of the legal representatives of Isaac Williams, March 3, 1837. deceased. Vol. 6, p. 693. Be it enacted, $-c., That the legal representatives of Isaac Williams, Authorized to deceased, of the county of Wilkinson, in the State of Mississippi, be, re-enter certain and they are hereby, authorized to re-enter, at any time within six land - months after the passage of this act, so much of fractional sections numbers thirty-nine and forty-one, in township number one, of range number one west, in the district of lands subject to sale at Washington, in said State, as remains unsold, and that the sums of money hereto- fore paid by Isaac Bush and Isaac Williams, or either of them, on said fractional sections, be passed to the credit of the said representatives, In part payment for the said fractional sections. No. 1371. AN ACT to amend an act entitled "An act for the appointment of com- Feb. 22, 1838. missioners to adjust the claims to reservations of land under the fourteenth article Vol. 5, p. 211. of the treaty of eighteen hundred and thirty with the Choctaw Indians." Be it enacted, #c., That the commissioners provided for in the act hereby amended, or a majority of them, shall have full power and au- eir sessions to thority to adjourn their sessions to such place or places, within the State such places in of Mississippi, as in their judgment the interest of the Government and Mississippi as of the claimants may require such sessions to be held. Jj Government SEC. 2. And be it further enacted, That iu case of the death, resigna and claimants tion, or absence of any one of the said commissioners, the remaining may require, two commissioners shall have full power and authority to proceed and In h c ^ e f tjl | execute the powers given by this act or the act hereby amended. | a th ' e ^JJuJJJ SEC. 3. And be it further enacted. That the said commissioners shall sioners, tho oth- have all the powers of a court of record, for the purpose of compelling ers may act. the attendance of witnesses, administering oaths, touching matters to^^^JJfi^JJ depending before them, preserving order, and punishing contempts ; couipe \ p t h e a t- and shall have power to make all needful rules for the regulation of tendance of wit- the proceedings before them, as well as to employ one or more inter- nesses, &c ; ajso, preters, and one or more agents to collect testimony for the United * c ma * employ States. interpreters, &c. SEC. 4. And be it further enacted, That for defraying the contingent Appropriation, expenses of the said commission, the sum of five thousand dollars be, and the same is hereby , appropriated, out of any money in the Treasury not otherwise appropriated. 37 L o VOL II 578 MISSISSIPPI. Act continued SEC. 5. And be it further enacted, That the said act shall be and re- Sit Angnst l ' m a in in force until the first day of August next. District attor- SEC. 6 - ^ nd *> e if further enacted, by the authority aforesaid, That the Dey to receive the compensation to be made to the district attorney for his services, shall same compensa- be equal to the compensation allowed to a commissioner under the act tij; n e ^ acommis - hereby amended - Claims of In- ^ EC - ~- -=*"<* be it further enacted, That nothing contained in this act, dians who have or the act which this is intended to amend, shall be so construed as to removed west of embrace the claim of any Indian or head of a Choctaw family, who has 2SIte?^ removed west of the Mississippi River. Any claimant SEC. 8. And be it further enacted, That if it shall be proved to the attempt in s to satisfaction of said commissioners, that any claimant has attempted, substitute th e O r shall attempt to substitute the child of any other Indian as and for Indian for hi s his OWD ' or has attempted or shall attempt, by his testimony, to substi- own, &c., shall be tnte for tlie child of any other claimant, the child of another Indian, stricken from the the name of such claimant so attempting to make such substitution, tot- shall be stricken from the list of claimants, (a) (a) See Kos. 1368, 1372, 13*0, 1389, 1392, 1395, 1405, 1407, 1409, 1411. June 22, 1838. Xo. 1 372. AX ACT to grant pre-emption rights to settlers on the public lands. VoL5,p.251. Land reserved And provided further, That it shall be the duty of the President of the to *& withheld p nited States to cause to be reserved from sale or entry, under the provis- from sale. i D8 of this or any other law of the United States, any tract or tracts of land reserved to any Choctaw, under the provisions of the treaty of Danc- ing Rabbit Creek, of one thousand eight hundred and thirty, and also to reserve from sale or entry, a sufficient quantity of the lands acquired by said treaty, upon which no such settlement or improvement has been made, as would entitle the settler or improver to aright of pre-emption under this act, to satisfy the claims of such Indians as may have been entitled to reservations under the said treaty, and whose lands may have been sold by the United States, on account of any default, neglect, or omission of duty on the part of any officer of the United States; such reservation from sale to continue until the claims to reservations under said treaty, shall be investigated by the board of commissioners appointed for that purpose, and their report finally acted on by Congress, (a) (a) See Xos. 1368, 1371, 1380, 1389, 1392, 1395, 1405, 1407, 1409, 1411. Jnlv 4 1840 Wo. 1373. AX ACT to remove the land office from Chocchuma to Grenada, in the 'p. 393. State of Mississippi. The registers B '* enacted, fc., That the land office at Chocchuma, in the county of and receivers to Tallahatchie, State of Mississippi, shall be removed to and located in remove the the town of Grenada, in Yalabusha County, in said State ; and it shall da & ^ ^^ e * atv ^ t^e- registers and the receivers of public money for said land office, within t:xty days from and after the passage of this act, to remove the books, records, and whatever else belongs to said office, to the place of location, as herein provided for. (a) (a) See Kos. 731, 1266, 1272, 1275, 1279, 1298, 1305, 1310, 1315, 1328, 1349, 1355, 1363, 1410. Sept. 4, 1841. N. 1374. AX ACT to appropriate the proceeds of the sales of public lands, and to VoL 5, p. 453. grant pre-emption rights. The two per SEC. 16. And be it further enacted, That the two per cent, of the nett cent, of the net proceeds of the lands sold, or that may hereafter be sold, by the United J*^ 8< *^^ States in the State of Mississippi, since the first day of December, sippi since De- eighteen hundred and seventeen, and by the act entitled "An act to cember l, 1817, enable the people of the western part of the Mississippi Territory to &c., relinquished form a constitution and State government, and for the admission of such to Mississippi gtate j nto the Union on an equal footing with the original States," and all acts supplemental thereto reserved for the making of a road or roads leading to said State, be, and the same is hereby relinquished to the State of Mississippi, payable in two equal instalments; the first to be paid on the first of May, eighteen hundred and forty-two, and the other MISSISSIPPI. 579 on the first of May, eighteen hundred and forty-three, so far as the same may then have accrued, and quarterly, as the same may accrue, after said period : Provided, That the legislature of said State shall first pass Proviso, an act, declaring their acceptance of said relinquishment in full of said fund, accrued and accruing, and also embracing a provision, to he un- alterable without the consent of Congress, that the whole of said two per cent, fund shall be faithfully applied to the construction of a rail- road, leading from Brandon, in the State of Mississippi, to the eastern boundary of said State, in the direction, as near as may be, of the towns of Selraa, Cahaba, and Montgomery, in the State of Alabama, (a) #**#*## (a) See Nos. 1015, 1266, 1303, 1314, 1340, 1366, 1332, 1398, 1415. No. 1375. AN ACT TO amend an act entitled "An act to carry into effect, in the June 13 1842. States of Alabama and Mississippi, the existing compacts with those States with Vol. 5, p. 490. regard to the five per cent, fund and the school reservations." Be it enacted, <$-c., That so much of the second section of the act enti- The second tied "An act to carry into effect, in the States of Alabama and Missis- section of the act sippi,the existing compacts with those States in regard to the five per amended - cent, fund and the school reservations," as requires the land therein designated as reserved to the State of Mississippi for the use of schools to be selected, under the direction of the Secretary of the Treasury, " out of any public lands, remaining unsold, that shall have been offered at public sale within either of the land districts in said State of Mis- sissippi, contiguous to said lands, within said State," ceded by the Chickasaws, be so amended that the said lands may be selected, under the direction of the governor of said State of Mississippi, out of any Eublic lands remaining unsold within either of the land districts in said tate of Mississippi, contiguous to the lands in said State, ceded by the Chickasaw Indians, (a) (a) See Nos. 1266, 1271, 1275, 1277, 1295, 1298, 1305, 1315, 1339, 1365, 1366, 1387, 1402, 1406, 1416. No. 1376. AN ACT for the relief of George Mayfield. July 27, 1842. Be it enacted, $-c., That in lieu of the six hundred and forty acres of YoL 6 P- 839 - laud intended to be granted to George Mayfield by an act of Congress other land approved thirtieth January, eighteen hundred and thirty- three, there granted in lieu be granted to said Mayfield six hundred and forty acres of any lands of of that intended the United .States not otherwise appropriated or disposed of, to be JV^J'gJlJS selected and entered at the proper land office, by said Mayfield or his 30 1833. attorney, within one year from the passage of this act : Provided, That Proviso, in making such selection, the said Mayfield shall be confined to lands the sale of which at the time thereof is authorized by law. (a) (a) See Nos. 1381, 1390, 1519. No. 1377. AN ACT authorizing a patent to be issued to Bartholomew Pellerin, his Aug. 1, 1842. heirs or assigns. Vol. 6, p. 847. Be it enacted, #c., That the Commissioner of the General Land Office Land patent to be, and he is hereby, authorized and required to issue a patent to Bar- be issued, tholomew Pellerin, or to his heirs and assigns, in right of widow Masmer or Asmard, for his claim to a tract of land situate at the bay of St. Louis, in the State of Mississippi, containing seventeen thousand and eighty-four superficial arpens, according to a survey of the same ap- proved by Vincente Sebastieu Pintado, on the thirtieth of January, eighteen hundred and ten, the same having been confirmed by the act of the third of March, eighteen hundred and nineteen : Provided, That Proviso, the same shall only operate as a relinquishment of the right of the United States, and shall not affect the right of third persons. No. 1 378. AN ACT to authorize Chapman Levy to purchase as a pre-emptor a cer- Aug. 11, 1842. tain quarter-section of land now occupied by him, at the minimum price per acre. Vol. 6, p. 852. Be it enacted, $c,, That Chapman Levy be, and he is hereby, author- ^Authorized to ized at any time within six months from the date of this act, to pur- make the pur- chase as a pre-emptor at the proper land office, at the price of one dollar chase within six and twenty-five cents per acre, the southeast quarter of section twenty- m ' three of township fourteen range five east, in the district of lands Mib- ject to sale at Columbus in the State of Mississippi : Provided, Said lands shall not, before the date of this act, have been sold by the United States. 580 MISSISSIPPI. Aug. 11, 1842. N<. \ 379. AX ACT for the relief of Jubal B. Hancock. Be it enacted, u pT oof of the shall have ascertained that any Choctaw has complied or offered to com- perfurmaoee of p ] v w | t jj a ]j tne requisites of the fourteenth article of the said treaty, taw *baKe en 5 " to entitle him to any reservation under that article, which requisites titled toapatent. are ;is follows, to wit: that said Choctaw Indian did signify his or her intention to the agent, in person, or by some person duly authorized MISSISSIPPI. 581 and especially directed, by said Indian, to signify the intention of said Indian to become a citizen of the State, within six months from the date of the ratification of the said treaty, and had his or her name, within the time of six months aforesaid, enrolled on the register of the Indian agent aforesaid, for that purpose ; or shall prove, to the entire satisfac- tion of the said commissioners and to the Secretary of War, that he or she did signify his or her intention, within the term of six months from the date of the ratification of the treaty aforesaid, if his or her name was not enrolled in the register of the agent aforesaid, but was omitted by said agent; and, secondly, that said Indian did, at the date of making said treaty, to wit, on the twenty-seventh day of September, eighteen hundred and thirty, have and own an improvement in the then Choctaw country ; and that, having and owning an improvement, at the place and time aforesaid, did reside upon that identical improvement, or a part of it, for the term of five years continuously, next after the ratifica- tion of said treaty, to wit, from the twenty- fourth of February, eighteen hundred and thirty-one, to the twenty- fourth of February, eighteen hun- dred and thirty- six, unless it shall be made to appear that such improve- ment was, before the twenty-fourth day of February, eighteen hundred and thirty- six, disposed of by the United States, and that the reservee was dispossessed by means of such disposition ; and, thirdly, that it shall be made to appear, to the entire satisfaction of said commissioners, and to the Secretary of War, that said Indian did not receive any other grant of land under the provisions of any other article of said treaty; and, fourthly, that it shall be made to appear, in like manner, that said Indian did not remove to the Choctaw country west of the Mississippi River, but he or she had continued to reside within the limits of the country ceded by the Choctaw Indians to the United States, by said treaty of twenty -seventh September, in the year eighteen hundred and thirty, it shall be the duty of said commissioners, if all and each of the above requisites shall be made clearly to appear to their satisfaction, . and the Secretary of War shall concur therein, to proceed to ascertain the quantity of land to which said Indian, by virtue of the fourteenth article of said treaty, is entitled to, which, when ascertained, shall be located for said Indian, according to sectional lines, so as to embrace the improvement, or a part of it, owned by said Indian at the date of said treaty ; and it shall be the duty of the President of the United States to issue a patent to said Indian for said land, if he or she be liv- ing, and if not, to his or her heirs and legal representatives ; and in like manner shall the commissioners aforesaid ascertain the quantity of land Quantity due granted by said article to each child of said Indian, according to the to each child of limitations contained in said article, and locate said quantity, for said JJSAaine d in children, contiguous to and adjoining the improvement of the parent of iik e manner, &c. such child or children ; and the President shall issue a patent for each tract of land thus located, to said Indian child, if living, and if not, to the heirs and legal representatives of such Indian child. But if the If U nit f. d United States shall have disposed of any tract of land, to which any ktes ^a^ 11 ^ Indian was entitled, under the provisions of said fourteenth article of w hich any In- said treaty, so that it is now impossible to give said Indian the quantity dian was e n- to which he was entitled, including his improvements, as aforesaid, or titled, &c., the any part of it, or to his children, on the adjoining lands, the said com- JJ3f allow other missioners shall thereupon estimate the quantity to which each Indian land, is entitled, and allow him or her, for the same, a quantity of land equal to that allowed, to be taken out of any of the public lands in the States of Mississippi, Louisiana, Alabama, and Arkansas, subject to entry at private sale ; and certificates to that effect shall be delivered, under the certificates for direction of the Secretary of War, through such agent as he may select, the land, how to not more than one-half of which shall be delivered to said Indian until be given, after his removal to the Choctaw territory west of the Mississippi River. The said commissioners shall also ascertain the Choctaws, if any, who commission- relinquished or offered to relinquish any reservations to which he was ers shall ascer- entitled under the nineteenth article of the said treaty, or whose res- Jain the Choc- ervations under that article had been sold by the United States ; and JSed rase- shall also determine the quantity to which such claimant was entitled ; t j ons um ier the and the quantity of land which should be allowed him on extinguish- 19th article, &o., ment of such claim, at the rate of two-fifths of an acre for every acre and determine, of the land to which said claimant was entitled, said land having been &< estimated under this article at fifty cents per acre: Provided, neverthe- Proviso. less, That no claim shall be considered or allowed by said commissioners, for or in the name or behalf of any Indian claimant whose name does 582 MISSISSIPPI. not appear upon the lists or registers of claimants made by Major Arm- strong, special agent for that purple, in conjunction with the three chiefs of the three Choctaw districts, and returned to the Department of War in January, eighteen hundred and thirty-two, and who does not appear from those registers to be entitled to a" reservation under said nineteenth article. Commission- SEC. 4. And be it further enacted, That the said commissioners, within era to re port two years from the time of their entering upon the duties of their ings! &c to the offices > aml a8 often as sna11 be required by the President of the United President', when. States, shall report to him their proceedings in the premises, with a full and perfect list of names of all the Choctaws whom they shall have determined to be entitled to reservations under this act; the quantity of land to which each shall be so entitled, the number of claims which Powers, &c., can be located according to the provisions of the fourth section of this of the cornmis- ac ^ an( j 8UC h ag cannot be located according to the provisions of the sionere, w to four j h ^t^ o f t hj s act . aD( i t h e powers and duties of the said com- missioners shall cease at the expiration of two years from the time of the first organization of the board; and their proceedings may be ter- minated by the President at any time previous to the expiration of the said two years. Commission- SEC. 5." And be it further enacted, That the commissioners to be ap- ers to determine pointed under this act shall also ascertain and determine the quantity claims under the o f ] an d to which any Choctaw or other person named in the supple- the treaty! ment to tne 8aid treat y of Dancing Rabbit Creek was entitled by vir- tue thereof, and which such person has by any means been prevented from receiving. Upon approval SEC. 6. And be it further enacted, That if the President of the United !c certTficates States sba11 approve and confirm the determination of the commission- shail be deliver- er 8 heretofore appointed to investigate the claims existing under the ed to claimant, if fourteenth article of said treaty of Dancing Rabbit Creek, in any case, a Choctaw. he 8 hall cause to be delivered to the claimant, if he be a Choctaw In- dian, his legal representatives or heirs, certificates, as provided by the fourth section of this act, for the quantity of land to which such claim- ant shall appear, by such determination, to have been entitled, in full Proviso. satisfaction and discharge of such claim : Provided, Such determination was made by adhering, in every instance, to the requisites contained in Proviso. the fourth section of this act : And provided, also, That said claims, nor either of them, cannot now be located, according to the provisions of the fourth section of this act. Accounts to be SEC. 7. And be it further enacted, That distinct accounts shall be kept tifSa tea &o' of tne certincate8 issued in satisfaction of the claims provided for by and amount re- this act, and of all expenses attending the execntion of the same ; and tained from dis- the amount thereof shall be retained and withheld from any distribu- tribution to the tion to the States. Claims of SEC> 8> And be if further enacted, That nothing in this act contained white men with shall be so construed as to authorize the said commissioners to adjtidi- Indian families, cate any claim which may be presented by a white man who may have Patents to be had, or now has, an Indian wife or family ; and any patent to land, which shall issue on any Indian claim, under the provisions of the treaty aforesaid, shall be issued to the Indian to whom the claim was allowed, if living, and if dead, to his or her heirs and legal representatives, any act of Congress, or usage, or custom, to the contrary notwithstanding. Xo claim to be SEC. 9. And be it further enacted, That no claim shall be allowed, allowed, if as- under the fourteenth article of said treaty, if the said commissioners signed previous 8 h a ll be satisfied, by such proof as they may prescribe, that said claim of the five years had beeD > previous to the expiration of five years from the ratification from its ratifica- of said treaty, assigned, either in whole or in part; and in case of a tion. partial assignment, or agreement for an assignment thereof, the same shall be allowed so far only as the original Indian claimant was, at that date, the bona-fide proprietor thereof. Claims notpre- SEC. 10. And be it further enacted, That all claims under either of the sented within one articles of said treaty mentioned above, or the supplemental articles y ear L 1 forever thereof, which shall not be duly presented to said commissioners for allowance within one year after the final passage of this act, shall be thereafter for ever barred, (a) (a) See Nos. 1368, 1371, 1372, 1389, 1392, 1395, 1405, 1407, 1409, 1411. MISSISSIPPI. 583 No. 1381 AN ACT to amend an act entitled "An act for the relief of George May- Feb. 24, 1843. field," approved July twenty-seven, one thousand eight hundred and forty-two. Vol. 6, p. 685. Be it enacted, $c., That the time within which George Mayfield is Allowed fur- required to select and enter six hundred and forty acres of land, granted ther time to en- to him by the provisions of an act of the twenty-seventh of July, one ter land- thousand eight hundred and forty- two, be, and the same is hereby, ex- tended one year; and the said Mayfield shall be permitted to enter said land in one entire section, or in quarter-sections, subject to private entry and not in the occupancy of any actual settler, as he in his dis- cretion may determine, (a) (a) See Nos. 1376, 1390, 1519. Xo. 1382. AN ACT in relation to the two per cent, fund of the State of Missis- March 1 1843 8i PP L Vol. 5, p! 603. ' Be it enacted, #c., That the assent of Congress is hereby given to the appropriation, by the State of Mississippi, to the completion of the rail- grestoe road from Brandon to Jackson, of the sum of twenty-five thousand dol- propriation & of lars, as a part of the two per cent, fund heretofore relinquished by Con- part of the two gress to said State; (a) and that the governor of said State be, and he P er cent, fund is hereby, authorized, with the said two per cent, fund now in theJ^^B^J^ Treasury of the United States, to enter any public lands in said State, Govern o r of subject to private entry, and in the name and on behalf of said State, Mississipp i a u- to be held subject to the same trusts and purposes of said fund. (&) j^ I j ize ^ * e - (a) See Nos. 1015, 1266, 1303, 1314, 1340, 1366, 1374, 1398, 1415. two per cent. (b) See Nos. 36, 59, 433, 1266, 1267, 1273, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293 fund. 1298, 1301, 1305, 1315, 1323, 1327, 1336, 1361, 1391, 1408, 1414, 1416, 1417. No. 1 383. AN ACT to authorize the investigation of alleged frauds under the March 3 1843 pre-emption laws, and for other purposes. Vol. ^ p ' g^ ' Be it enacted, #c., That the Commissioner of the General Land Office An agent to be be, and he hereby is, authorized to appoint a competent agent, whose appointed to in- duty it shall be, under direction of said Commissioner, to investigate, vestigate cases upon oath, the cases of fraud under the pre-emption laws, alleged to of all eged f ^aud exist in the Columbus land district, in the State of Mississippi, referred ^strict to in the late annual report of said Commissioner, communicated to Con- gress by letter of the Secretary of the Treasury, dated December the fifteenth, one thousand eight hundred and forty-two; and that such agent shall examine all witnesses who may be brought before him by Mode of inves- the individual or individuals alleging the fraud, as well as those wit- tigation. nesses who may be produced by the parties in interest, to sustain said claims ; and that he be, and is hereby, invested with power to adminis- ter to such witnesses an oath to speak the truth in regard to any question which may be deemed necessary to the full examination of the cases so alleged to be fraudulent ; and such testimony shall be reduced to writ- ing, and subscribed by each witness, and the same returned to the Commissioner, with the opinion of said agent on each claim ; and any wit- ness, so examined before the said agent, who shall swear wilfully and falsely in regard to any matter or thing touching such examination, shall be subject, on conviction, to all the pains and penalties of perjury ; and it shall be the duty of the Commissioner, to decide the cases thus returned, and finally to settle the matter in controversy, subject alone to an ap- peal to the Secretary of the Treasury : Provided, That the power con- Proviso, ferred by this section upon such agent is hereby limited to the terra of one year from and after the date of this act; and the compensation to be paid to said agent shall not exceed three dollars per day for each day he may be necessarily engaged in the performance of the duties re- quired by this section. No. 1384. AN ACT for the relief of John Mullings. March 26, 1844. Be it enacted, $c., That the title to the southeast quarter of section VoL6 P- 908 - twenty, the whole of section twenty-one, and the northwest quarter of Land title con- section twenty- eight, in township seventeen north, range fifteen east, firmed, of the Columbus land district, of Mississippi, heretofore located to sat- isfy the claim of Alabatcha, the wife of John Mullings, be, and the same 584 MISSISSIPPI. is hereby confirmed to the said John Mullings, to have and to hold the same right and interest in the same as he would have held had he been returned in Ward's register : and that the President is hereby directed to cause to be issued a patent to the said John Mullings for the above- described lands, as in other cases. June 15, 1844. No. 1385. AN ACT for the relief of Woodson Wren, of Mississippi. >p ' 1_ Be it enacted to certify the return and plat of such actual survey, so re- the register and maining in his office, to the register and receiver for lands in the Augusta receiver for the district, in said State, who are hereby directed to receive and regard Align sta district. sa j^ 8 uiveys, plats, and location of the claims they represent, as cor- recSvertogfvea rectl y roade J and the said register and receiver shall thereupon issue, certificate, &c. in the name of the confirmee of the claim a patent certificate for each MISSISSIPPI. 585 claim; which certificate, being first duly recorded in the said regis- ter's office, shall be delivered to such person as is entitled to represent the claim, and which, being presented to the General Land Office at Washington, shall entitle the party interested to a patent therefor: Provided, That any claimant to a tract of land so surveyed and platted Proviso, as aforesaid, who shall, within one year from the passage of this act, file, in writing, with the surveyor-general south of Tennessee, his ex- ception to the regularity of the survey so heretofore made, setting forth in what respect said survey is erroneous, the surveyor-general shall examine such exception, and, if found to be well taken, shall order a resui vey of the claim, and after proper notice to tbe party in- terested j and, after proper notice, he may order a resurvey of any other claims which, in his opinion, may be indispensably necessary, by reason of errors or defects in the survey, on the ground, which, being returned and approved, shall be certified to the register and receiver at Augusta, on which a patent certificate shall be issued, as before directed : Pro- vided, also, That all actual surveys of claims in said district, which shall .Further pro- not be excepted to within the year aforesaid, or which the surveyor- V180 ' general may not find it indispensably necessary to have resurveyed by reason of any errors or defects, as aforesaid, shall, after that time, be deemed unexceptionable, so far as relates to the title of the United States, and shall thenceforth be proceeded in and perfected to patent. SEC. 2. And be it further enacted, That all resurveys which may be or- Eesurveys to dered by virtue of this act shall be executed under the direction of the be executed un- surveyor south of Tennessee, subject to orders from the General Land gurvevor^south Office ; and all services which shall be rendered in execution of this act of Tennessee, shall be audited, charged, and paid for, as similar services were required Expenses of to be by former laws and regulations in reference to similar claims. survey. SEC. 3. And he it further enacted, That when, in any case it shall ap- . Surveyor to pear to the surveyor-general that the survey of any claim hereby con- f^. 116 deficiencies firmed is deficient in the quantity of laud confirmed to the claimant, by in a resurvey. a number of acres equal to forty or more, then the said surveyor-general shall issue to the claimant a warrant, entitling him to a quantity of land, which in the subdivision of the public lands of the United States, shall not exceed in quantity the number of acres found deficient in the claimant's original survey ; which entry may be made on any lands sub- ject to entry in said district. SEC. 4. And be it further enacted, That this act shall not be construed C o n fl i ct ing as aiding the title survey or location of any claim, to the prejudice of c l in j 8 to be de * any other claim with which its pretensions and location may conflict; SSnglaws?* but all such conflicting rights and locations shall remain subject to ex- isting laws: Provided, hoicever, That, in any such case of conflict, in Proviso, addition to the powers conferred on the surveyor- general by this act, it shall be lawlul for him, when the conflicting claimants may compromise, by the relinquishment of one of the claimants of his entire location, or so much of it as coutlicts with the location of another claim, to grant a warrant to the relinquishing claimant, which shall entitle him to enter an equal quantity with the land relinquished of any land subject to entry in the district of the land surrendered. SEC. 5. And be it further enacted. That all confirmation and evidence Confirmation cf title which shall be made or issued in the name of the original claim- . r evidence of ant or confirmee, by virtue of this act, shall inure to the uee and benefit JJjJ of Original of those who may be jointly or severally entitled to the lands in the claim ants? to several claims referred to, either by descent or purchase, as if such per- inure to the bene- aons were specially named therein, (a) titled ^ (a) SeeNos. 718, 723, 731, 737, 745, 753, 1067, 1265, 126C, 1268, 1270, 1271, 1275, 1276, 1284, 12&6, 1287, 1292, 129-1, 1-290, 1299, 1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 13B6, No. 1389. AN ACT making appropriations for the current and contingent ex- March 3, 1845. penses of the Indian Department, aud for fulfilling treaty stipulations with the Vol. 5, p. 777. various Indian tribes, for the fiscal year commencing on the first day of July, eighteen hundred and forty-five, and ending on the thirtieth day of June, eighteen hundred and forty-six. For payment to the Bank of Michigan, or its assigns, for moneys ad- Payment to vanced under authority of the Secretary of War, and Secretary of the bank of Treasury, in fulfilment of a treaty * ith the Chippewas of Saginaw, of January one thousand eight hundred and thirty-be ven, together with in- 58G MISSISSIPPI. terest on the principal sum dne said b.ank from the first day of February one thousand eight hundred and forty, at six per cent, per annum, twelve thousand five hundred dollars, or so much thereof as may be necessary: Proviso. Provided, That of the scrip which has been awarded, or which shall be awarded, toChoctaw Indians under the provisions of the law of twenty- third August, one thousand eight hundred and forty-two, that portion thereof, not deliverable east, by the third section of said law, in these words " not more than one-half of which shall be delivered to said Indian until after his removal to the Choctaw territory, west of the Mississippi River," shall not be issued or delivered in the West, but the amounts awarded for land on which they resided, but which it is im- possible for the United States now to give them, shall carry an interest of five per cent., -which the United States will pay annually to the re- servees under the treaty of one thousand eight hundred and thirty, re- spectively, or to their heirs and legal representatives, forever, estimating the land to which they may be entitled, at one dollar and twenty- five Eepeal. cents per acre : Provided, further, That so much of the law of twenty- third August, one thousand eight hundred and forty-two, as is incon- sistent herewith, is hereby repealed, (a) ******* (a) See Xos. 1368, 1371, 1372, 1380, 1392, 1395, 1405, 1407, 1409, 1411. May 22, 1846. No. 1390. AX ACT to amend an act approved February twenty -fourth, eighteen Vol. 9, p. 650. hundred and forty-three, entitled "An act to amend an act entitled 'An act for the relief of George 'Mayfield,' approved July twenty-seventh, eighteen hundred and A patent to is- forty-two." ?ue to George Be it enacted, $c , That a patent shall issue to George Mayfield for the in^he Grenada west balf and 8outneast quarter of section seventeen, township twenty- land district. s i x > range five west, and the southwest quarter of section eight, town- ship twenty-six, range five west, in the district of lands subject to sale at Grenada, Mississippi, any thing in the act of which this is amendatory to the contrary notwithstanding, (a) (a) See Xos. 1376, 1381, 1519. July 15, 1846. No. 1391. AN ACT to legalize certain land sales made at Chocchuma and Colum- Tol. 9, p. 37. bus, in the State of Mississippi, and to indemnify the Chickasaws therefor. Patents to issue ^ e *'* enac ^t That it may and shall be lawful for patents to be for such sales of issued, as in ordinary cases, for such of the sales of land made in the land at Choc- land offices at Chocchuma and Columbus, in the State of Mississippi, as chuma and Co- may be f oulu i, by the definitively established line of the Chickasaw shypi^as may S be cession of one thousand eight hundred and thirty- four, to be, in whole found to be with- or part, within that cession, and the said scales are hereby confirmed in the Chickasaw and legalized ; and for the purpose of indemnifying the Chickasaw tribe cession of 1834. o f Jndians for said sales, there is hereby appropriated, out of any m ' moneys in the Treasury not otherwise appropriated, a sum of money equal to all which has been received upon said sales, to the fund created by the treaty with said Chickasaw tribe, and of right to them belong- Proviso. i n g : Provided, nevertheless, That this act shall not extend to any sale where the purchase money may have been refunded to the purchaser, (a) (a) See Xos. 36, 59, 433, 1266, 1267, 1273, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 1301, 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1408, 1414, 1416, 1417. Aug. 3, 1846. No. 1 392. JOIXT EESOLTTTIOX to authorize the Secretary of War to adjudicate VoL 9, p. 114. the claims of the Su-quah-natch-ah, and other clans of Choctaw Indians, whose ca&es were left undetermined by the commissioners tor the want of the township Secretary of liesolved, tf-c., That the Secretary of War, for the purpose of consum- War authorized ma ting the claims of the Su-quah-natch-ah and other clans of Choctaw Chocta'w 3 cfairns 1 Indians, in whose cases the testimony was taken by the commissioners and to award appointed by virtue of the act approved the twenty-third of August, land or scrip eighteen hundred and forty-two, and returned to the War Department, therefor. ^ut judgment was not entered up for the want of the maps whereby the location of the lauds of the claimants and the allotment of land or scrip, respectively, to each, could alone be determined, be, and he is hereby, authorized *to decide the same, and award land or scrip in each case, as the testimony already taken may justify, (a) (a) See Xos. 1368, 1371, 1372, 1380, 1389,1395, 1405, 1407, 1409, 1411. MISSISSIPPI. 587 No. 1393. AN ACT for the relief of Jose Carxillo. Aug. 8, 1846. Beit enacted, #c., That the Commissioner of the General Land Office VoL 9 ' P- 663 - be, and he is hereby, authorized and required to issue to Jose Carxillo, Patent for cer- of the county of Hancock and State of Mississippi, a patent to the tain laud in Au- northwest quarter of section twenty-six, of township nine, range six- gjjjj* iH| 8 Ju" teen west, in the Augusta land district of Mississippi, (a) trict' to be issued (a) See No. 1413. _ to Jose CarxiUo - No. 1394. AN ACT declaring the assent of Congress to certain States to impose Jan. 26, 1847. a tax upon all lands hereafter sold by the United States therein, from and after the Vol. 9, p. 118. day of such sale. [States admitted into the Union prior to April 24, 1820, may tax pub- lic lands after the day of sale. See OHIO, No. 169.] No. 1395. AN ACT making appropriations for the current and contingent ex- March 1, 1847. penses of the Indian Department, and for fulfilling treaty stipulations \vith the Vol. 9, p. 145. various Indian tribes, for the year ending June thirtieth, eighteen hundred and . forty-eight. SEC. 2. And be it further enacted, * For interest on the amounts awarded Choctaw claimants, under the Choctaw claim, fourteenth article of the treaty of Dancing Rabbit Creek, of the twenty- ant8 - seventh September, eighteen hundred and thirty, for lands on which they resided, but which it is now impossible to give them, and in lieu of the scrip that has been awarded under the act of twenty-third Au- gust, eighteen hundred and forty-two, not deliverable east, by the third section of the said law, per act of third of March, eighteen hundred aud forty-five, for the year eighteen hundred and f or ty- seven, forty three thousand six hundred dollars, (a) * * * * * * * (a) See Nos. 1368, 1371, 1372, 1380, 1389, 1392, 1405, 1407, 1409, 1411. No. 1396. AN ACT for the relief of Isaac Guess. March 3, 1847. Be it tnacted, $c., That the Commissioner of the General Land Office Yol - 9 P- 696 - be, and he is hereby, authorized and required to issue to Isaac Guess, Patent to be of Mississippi, a patent to the west half of the northwest quarter of issued to Isaac section thirty-five, township fifteen north, of range five east, and for Guess for his en- the east half of tbe northeast quarter of section three, township four- ^n^olf p ^ e e rtam teen north, of range five east, in the State of Mississippi, within the i an( j i n t he Co- Columbus land district ; the same being the land entered and paid forlumbus district, by said Guess as a pre-emption. Mississippi. No. 1397. AN ACT for the relief of Hyacinth Lasselle. March 3, 1847. ****** Vol. 9, p. 706. SEC. 2. And be it further enacted, That the act entitled "An act for the Act for re ii e f relief of Jubal B. Hancock" be so amended that the time allowed for f Jubal B. Han- the location of the land therein specilied be extended to thirtieth day cock amended, of December, eighteen hundred and forty -seven, (a) (a) See No. 1379. No. 1398. AN ACT to amend the act entitled "An act to appropriate the proceeds June 16, 1848. of the sales of the public lands, and to grant preemption rights," &c., approved Vol. 9, p. 237. September fourth, eighteen hundred and forty-one. Be it enacted, #c., That the sixteenth section of said act be so amended as to give the consent of Congress, and the same is hereby given, to the application of the application of the two per cent, fund heretofore relinquished by said two per cent. act to the State of Mississippi, to be faithfully applied to the construe- SjstSJof Mto! tion of a railroad leading from Brandon, in the State of Mississippi, to 8i88ippi to % ue the eastern boundary of said State, in such manner as to authorize the construction of a construction of a railroad, commencing at Jackson, in said State, and railroad from extending to the eastern boundary of said State of Mississippi, via Bran- JJjgjy^SJ don, in the direction, as near as may be, of the towns of Selma, Cahawba, o Bai(l state> and Montgomery, in the State of Alabama, (a) (a) See Nos. 1015, 1266, 1303, 1314, 1340, 1366, 1374, 1382, 1415. 588 MISSISSIPPI. Aug. 5, 1848. No. 1399. AX ACT supplemental to an aet to confirm the survey and location of Vol. 9, p. 273. claims tor lands in the State of Mississippi, east of the Pearl River, and south of the thirty-first degree of north latitude, approved March three, eighteen hundred and forty-five. Certain land Be it enacted, $c., That all confirmed claims and settlement rights for Sta S of n Mis8i^ laDd8 8ituate in the State of Mississippi, east of the Pearl River and sippi confirmed south of thirty-first degree of north latitude, which had not been actu- according to ac- ally surveyed on the ground, and for which no plats of actual survey tual surveys had been returned to the surveyor- general's office south of Tennessee, made. on . or bef ore the first da J of January, one thousand eight hundred and thirty-nine, shall be, and are hereby, confirmed, according to actual sur- veys hereafter to be made as herein provided for, in the same manner that said claims actually surveyed on the ground, and returned to the surveyor-general's office at the time aforesaid, are confirmed by the act to which this is a supplement ; and the surveyor-general is hereby au- thorized and directed, on request of any party interested, to cause the Surveys to be survey of said claims, without delay, and at any time between the pas- made and returns 8age O f tnis act and the firet day of j anuary> eighteen hundred and fifty, register and re- to be made and returned to his office, and he shall certify the return cerv-erforthe Au- and plats of such actual surveys, so made, to his office, to the register gusta land dis- and receiver for lands in the Augusta district for said State. And the survey or- general, and the said register and receiver, shall regard these claims and plats of actual survey, in all respects, upon the same footing with the claims confirmed as actually surveyed upon the ground, by said act to which this is a supplement, and subject to, and entitled to, Proviso : when the benefits of all the provisions of said act : Provided, That if it shall survey cannot be appear to the surveyor- general, from the plats of actual survey already returned to his office, that any of said claims cannot now be actually surveyed on the ground, owing to their conflict with other claims al- ready confirmed as actually surveyed on the ground, by the act to which this is a supplement, then it shall be lawful for him to grant to the claimant, so deprived of his location, a warrant, as provided by the fourth section of said act, without causing the survey to be made. Warrants is- SEC. 2. And be it further enacted, That all warrants which hare been sued by the sur- heretofore issued, or which shall .hereafter be issued, by the surveyor- s^uthoi^Tennes- g en .eral south of Tennessee, under the provisions of the original act to see under the act which this is a supplement, and under the provisions of this act, be, and to which this is they are hereby, authorized to be located upon any lands subject to sale k supplem ent , a t private entry in the State of Mississippi, in any of the land districts upon a%"lands in 8aid State, in the same manner that said warrants are now authorized subject t<> private to be located in the Augusta laud district, (a) of ^issiim < a) See N 8 ' 718 ' 723 731 ' 737 ' 745 - 753 - 1067 ' 1265 ' 1266 - 1268 - 127 - 1271 ' 1275 1276 ' 1284 ' 1286, 1287, 1292, 1294, l'29ti, 1299, ll'OO, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1386, 1388. Auji. 11. 1848. No. 1400. AN ACT for the relief of Joseph Perry, a Choctaw Indian, or his as- Vol. 9, p. 75. signees. Joseph Perry Be it enacted, $c>, That in lieu of section thirty-five, of township authorized to lo- twenty-five, range six east, to which Joseph Perry, a Choctaw Indian, cate one section was entitled, and of which he was deprived by operation of the Chick- a section of which asaw treaty of eighteen hundred and thirty-four, and the action of the he was deprived Government of the United States, the said Joseph Perry or his assignees by the Chicka- shall be entitled to locate one section of land, in quantities not less than one quarter-section by the legal subdivisions, upon any of the public lands not otherwise appropriated, subject to private entry. Feb. 22, 1849. No. 1401.-^7OEST RESOLUTION for the relief of John B. Xevitt, of Adams Vol. 9, p. 791. County, Mississippi. Commissioner Resolved, <$-c., That it shall be the duty of the Commissioner of the of General Land General Land Office, within six months after the passage of this joint reso- Office to cause a ] u tion, to cause an accurate survey to be made of certain unsurveyed lands made V of Y certain ^ in g in township seven and eight, of range three west, in Adams County, lands in Adams Mississippi, and more particularly known as a triangular slip lying be- County. tween the lands granted to Joseph Bernard, and surveyed for his rep- resentatives, in the year eighteen hundred and six, on the north, and the lands, marked on the maps of the surveyor-general's office, south of Tennessee, as Balser Shillings, and now occupied and owned by John MISSISSIPPI. 589 B. Nevitt on the south ; and when so surveyed, it shall be the duty of And when snr- the Commissioner, as aforesaid, to notify the said John B. Nevitt of the - d ' ^ **& number of acres ascertained to be vacant, and if the said Nevitt, or, in of the nn mi )er of case of his death, his legal representatives, shall, within six months acres vacant, and next succeeding such notice, offer to pay to the receiver of the land allow him or his office of the district within which said lands lie, one dollar and twenty- J?|jJ ^She five cents per acre for the same, it shall be the duty of the receiver 8ame atthemin- aforesaid to accept such offer, and, on payment being made, to give aimumprice. receipt therefor, as in other cases of land entries, and on the presenta- tion of said receipt to the Commissioner of the General Land Office, he shall cause a patent to issue, as in all other cases of lands paid for. No. 1402. AN ACT granting a half-section of land for the use of schools within March 2, 1849. fractional township nineteen south, of range eighteen west, county of Lowndes, Vol. 9, p. 768. State of Mississippi. Be it enacted, <$-c., That the school commissioners, or other authority, School commis- having official cognizance over school lands within fractional township siouers within nineteen south, of range eighteen west, State of Mississippi, be, and g^^j^gout^of they are hereby, authorized to select by legal subdivisions, from any of ian g e 18 west, to the public lands within the said State not otherwise appropriated, a select one half- quantity of land not exceeding one half -section, for the use and sup- section of land. port of schools within the said fractional township. SEC. 2. And be it further enacted, That when the lands hereby author- How lands so ized to be selected shall have been approved by the Secretary of the selected shall be Treasury, they shall be held by the inhabitants of the township herein held> designated by the same tenure, and upon the same terms, for the sup- port of schools in the said township, as if they had been selected under the provisions of the general school law of the twentieth of May, one thousand eight hundred and twenty -six: Provided, nevertheless, That Proviso, the said commissioners, or other authority mentioned in the first sec- tion of this act, shall not be authorized, by any thing herein contained, to select lands out of the land district in which said fractional town- ship is situated, if there be land within said district applicable to school purposes under the provisions of the act of May twentieth, eighteen hundred and twenty-six, (a) (a) See Nos. 1266, 1271, 1275, 1277, 1295, 1298, 1305, 1315, 1339, 1365, 1366, 1375, 1387, 1406, 1416. No. 1403. AN ACT to grant the right of way to the Mobile and Ohio Company. [See ALABAMA, No. 1594.] Railroad March 3, 1849. Vol. 9, p. 772. STo. 1404. AN ACT granting the right of way, and making a grant of land to the Sept. 20, ] States of Illinois, Mississippi, and Alabama, in aid of the construction of a railroad Vol. 9, p. from Chicago to Mobile. [See ILLINOIS, No. 432.] 1850. 555. No. 1405. AN ACT making appropriations for the current and contingent ex- Sept. 30, 1850. penses of the Indian Department, and for fulfilling treaty stipulations with various Vol. 9, p. 544. Indian tribes, for the year ending June the thirtieth, one thousand eight hundred and fifty-one. To the Choctaws. For interest on the amounts awarded Choctaw claim- Chootaws. ants, under the fourteenth article of the treaty of Dancing Rabbit Creek, of September twenty-seventh, eighteen hundred and thirty, for lands on which they resided, but which it is now impossible to give them, and in lieu of the scrip that has been awarded under the act of August twenty -fourth, eighteen hundred and forty-two, and joint reso- lution of Congress of August third, eighteen hundred and forty six, not deliverable east by the third section of said law, per act of March third, eighteen hundred and forty-five, eighty-seven thousand two hundred dollars, (a) (a) See Nos. 1368, 1371, 1372, 1380, 1389, 1392, 1395, 1407, 1409, 1411. 590 MISSISSIPPI. May 19, 1852. No. 1406 AX ACT to authorize (he the lands heretofore appropriated f and approve the sales already made. o authorize (he legislature of the State of Mississippi to sell Vol. 10, p. 6. the lands heretofore appropriated for the use of schools in that State, and to ratify alread made. Sale or leasing Be it enacted, $c., That the legislature of the State of Mississippi shall of schp lands be, and is hereby authorized to sell and convey in fee-simple, or lease. tho7ized. 81P tU ~ for a term of y ears > as the said- legislature may deem best, all or any part of the lands heretofore reserved and appropriated by Congress for the use of schools within said State, and to invest the money arising from said sales, as said legislature may direct, for the use and support of schools within theseveral townships and districts of country for which they were originally reserved and set apart, and for no other use, or Proviso. purpose whatsoever : Provided, Said lands or any part thereof, shall, in no case be sold or leased without the consent of the inhabitants of such township or district to be obtained in such manner as the legislature of Proviso. said State may by law direct : And provided further, That in all cases, the money arising from the sales of lands within a particular township and district, shall be appropriated to the use of schools within that township and district. Former sales SEC. 2. And be it further enacted, That sales heretofore made by the authority of the legislature of the State of Mississippi of lands reserved and appropriated as aforesaid, are hereby ratified and approved in the same manner and to the same extent, as if this act had been in force at the time of said sales, (a) (a) See Xos. 1266, 1271, 1275, 1277, 1295, 1298, 1305, 1315, 1339, 1365, 1366, 1375, 1337, 1402, 1416. July 21, 1852. No. 14 07. AX ACT to supply deficiencies in the appropriations for the service of Vol. 10, p. 19. . the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty- - two. ***#** Cboctaw claim- For interest on the amounts awarded Choctaw claimants, under the ants under treaty fourteenth article of the treaty of Dancing Rabbit Creek, of twenty- bit GreeT seventh of September, eighteen hundred and thirty, for lands on which they resided, but which it is impossible to give them, aud in lieu of the scrip that has been awarded under the act of twenty-third of August, eighteen hundred and forty-two, not deliverable east, by the third section of said law, per act of third March, eighteen hundred and forty-five, for the half-year ending thirtieth of June, eighteen hundred and fifty-two, twenty-one thousand eight hundred dollars: Provided. Proviso as to That after the thirtieth day of June, eighteen hundred and fifty-two, interest. a j} payments of interest on said awards shall cease, and that the "Secre- tary of the Interior be, and he is hereby directed to pay said claimants the amount of principal awarded in each case respectively, and that the amount necessary for this purpose be, and the same is hereby appro- priated, not exceeding eight hundred and seventy -two thousand dollars: Proviso. Provided, further, That the final payment and satisfaction of said awards shall be first ratified and approved as a final release of all claims of such parties under the fourteenth article of said treaty, by the proper na- tional authority of the Choctaws, in such form as shall be prescribed by the Secretary of the Interior, (a) * ****** (a) See Xos. 1368, 1371, 1372, 1380, 1389, 1392, 1395, 1405, 1409, 1411. Aug. 2, 1852. No. J 408. AX ACT to protect actual settlers upon the land on the line of the Cen- Yol. 10, p. 27. tral Railroad and branches, by granting preemption rights thereto. [See ILLINOIS, No. 433]. Aug. 30, 1852. Wo. 1409. AX ACT making appropriation for the current and contingent expenses Vol. 10, p. 42. of the Indian Department, and for lulfilJiug treaty stipulations with various Indian tribes, for the year endiug June thirtieth, one thousand eight hundied and nfty- three. * * * * * * * Appropriation For interest on the amounts awarded Choctaw claimants under the for interest fourteenth article of the treaty of Dancing Rabbit Creek of the twenty- seventh of September, eighteen hundred and thirty, from the first of July, eighteen hundred and fifty-two to the date of the passage of the act entitled "An act to supply deficiencies in the appropriations for the MISSISSIPPI 591 service of the fiscal year ending the thirtieth of June, eighteen hundred and fifty-two," a sum not exceeding two thousand dollars: Provided, claims of cer- That the Secretary of the Interior be, and he hereby is, authorized to tain Choctaws to examine the reservation claims of the Choctaws, known as Bay Indians, be examined, and of those Choctaws in whose cases the scrip awarded by the late board of commissioners has not been issued ; and where he shall find that such Indians are clearly entitled to land under the fourteenth arti- cle of the treaty of eighteen hundred and thirty, and under the several acts heretofore passed in relation to such claims, he is hereby authorized to extend to such claimants the provisions applicable to such claims in the acts of twenty-third August, eighteen hundred and forty-two, and of third March, eighteen hundred and forty-five, (a) ****** (a) See Nos. 1368, 1371, 1372, 1380, 1389, 1392, 1395, 1405, 1407, 1411. No. 1 410. AN ACT making appropriations for the civil and diplomatic expenses March 3, 1853. of Government for the year ending the thirtieth of June, eighteen hundred and Vol. 10, p. 189. fifty-four. SEC. 19. And be it further enacted, That whenever the land office at Land office at Pontotoc, Mississippi, shall be discontinued, the records and files thereof Pontotoc, Missis- shall be placed in the possession of the clerk of the United States dis- 81ppl> trict court for the northern district of Mississippi, who is hereby made keeper of the same, and authorized to perform all the duties now con- ferred upon the register and receiver, and shall receive for his services therefor a sum not exceeding five hundred dollars per annum, (a) ******* (a) See Nos. 731, 1266, 1272, 1275, 1279, 1298, 1305, 1310, 1315, 1328, 1349, 1355, 1363, 1373. No. 1411. AN ACT making appropriations for the current and contingent expenses March 3, 1853. of the Indian Department, and for fulfilling treaty stipulations with various Indian Vol. 10, p. 227. tribes, for the year ending June thirty, one thousand eight hundred and fifty-four. . That the authority of the Secretary of the Interior to examine the claims of Choctaws to reservations of land under the treaty of eighteen hundred and thirty shall extend to all cases recommended by either of the boards of commissioners appointed to examine said claims, and his awards in scrip shall be received by them in full satisfaction of all their claims against the Government arising under said treaty, and the scrip Scrip receiy- thus awarded shall be received as other warrants in payment for any able for public public lands subject to sale at private entry, (a) * ***** (a) See Nos. 1368, 1371, 1372, 1380, 1389, 1392, 1395, 1405, 1407, 1409. No. 1412. AN ACT to confirm the claim of Dusuan de la Croix to a lot of land July 24, 1854. therein described. Vol. 10, p. 788. Whereas in the supplemental report of the register and receiver at preamble. Jackson Courthouse, dated twenty- ninth of December, eighteen hun- dred and twenty, communicated to the Senate twenty-third of Febru- ary, eighteen hundred and twenty-one, it is stated that claim number four, in said report, was " inadvertently omitted in the general report" made on the eleventh of July, eighteen hundred and twenty, and pre- sented to the Senate the seVenteenth of November, same year ; and whereas, it is considered by the Commissioner of the General Land Office that, by reason of said omission, the said claim is not entitled to the confirmation contained in the act of eighth of May, eighteen hundred and t wenty-two, confirming the general report of eighteen hundred and twenty : Be it enacted, #c., That claim number four, in the supplemental report Land hereinbefore referred to, be, and the same is hereby, confirmed to Dusuan de la Croix, his legal representatives and assigns, according to the Span- ish survey referred to in said claim, as fully, in like manner, and to same effect, as if said claim had been confirmed to said Dusuan de la Croix, his legal representatives, and assigns, by the act of eighteen hundred and twenty-two aforesaid : Provided, That this grant and confirmation shall amount only to a relinquishment, on the part of the United States, of all its right and title to the lot of land hereby granted and confirmed. 592 MISSISSIPPI. Aug. 4,1854. Vol. 10, p. 821. Aug. 4,1854. No. 1 41 3. AX ACT for the relief of Rosalie Caxillo. 17 li Be it enacted, $-c., That, upon the relinquishment by Rosalie Caxillo Rosalie Caxillo and her children (being the widow and heirs of Jose Caxillo, late of surrender a lot Mi88ib8i PPO of their right, title, and interest, in and to a certain quarter- of land and take section of land granted by Congress to the said Jose Caxillo, for his another. relief and indemnity, it shall be the duty of the proper officers of the Government to issue to the said Rosalie a warrant for one quarter-sec- tion of land, to be located on any land belonging to the Government, subject to private entry, in the Augusta land district of Mississippi, (a) (a) See No. 1393. Aug. 11, 1856. No. 1414. AN ACT granting public lands in alternate sections to the State of Vol. 11, p. 30. Mississippi to aid in the construction of railroads in said State, and for other pur- poses. Grant of land Be it enacted, #c., That there be, and is hereby, granted to the State to Mississippi for of Mississippi, for the purpose of aiding in the construction of railroads from Jackson to the line between the State of Mississippi and the State of Alabama ; from Tuscaloosa to the Mobile Railroad within Mississippi ; and from Brandon to the Gulf of Mexico, every alternate section of land designated by even numbers ; for six sections in width Grant in lieu on each side of each of said roads. But in case it shall appear that the of sections sold United States have, when the lines or routes of said roads are definitely empted. fc xe d, sold any sections or any parts thereof granted as aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the governor of said State, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the 'tiers of sections above specified, so much land in alternate sections or parts of sections as shall be equal to such lands as the United States shall have sold or otherwise appropriated, or to which the right of preemption has at- tached as aforesaid ; which lands (thus selected in lieu of those sold, and to which pre-emption rights have attached as aforesaid, together with the sections and parts of sections designated by even numbers as aforesaid, and appropriated as aforesaid) shall beheld by the said State for the use and purpose aforesaid : Provided, That the lands to be so lo- cated shall in no case be further than fifteen miles from the lines of said Application of roads, and selected for, and on account of each of said roads : Provided said lands. further, That the lands hereby granted shall be exclusively applied in the construction of that road for and on account of which said lands are hereby granted, and shall be disposed of only as the work pro- gresses, and the same shall be applied to no other purpose whatsoever: Act not to ap- And provided further, That any and all lands heretofore reserved to the ply (except as to United States by any act of Congress, or in any other manner, bv com- ightof way; to petent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act, ex- cept so far as it may be found necessary to locate the routes of said rail- roads through such reserved lands, in which case, the right of way only shall be granted, subject to the approval of the President of the United States, (a) Price of alter- SEC. 2. And ~be it further enacted, That the sections and parts of sec- nate s ections tions of land which, by such grant, shall remain to the United States, doubled. within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands when sold ; nor shall any of the said lands become subject to private entry until the same have been first offered at public sale at the increased price. (&) Disposal of said SEC. 3. And l)e it further enacted, That the said lands hereby granted lands. to the said State, shall be subject to the disposal of the legislature there- Railroads to be O f } f or the purpose aforesaid and no other; and the said railroads shall fo^government 17 be and remain public highways for the use of the Government of the United States, free from toll or other charge upon the transportation of any property or troops of the United States. Disposal of said SEC. 4. And be it further enacted, That the lands hereby granted to the lands. 8a id state shall be disposed of by said State only in manner following, that is to say : That a quantity of land not exceeding one hundred and twenty seciions for each of said roads, and included within a continu- ous length of twenty miles of each of said roads, may be sold ; and when the governor of said State shall certify to the Secretary of the Interior that any continuous twenty miles of either of said roads is completed, MISSISSIPPI. 593 then another like quantity of land hereby granted, not exceeding one hundred and twenty sections for such road may be sold ; and so from time to time until said roads are completed ; and if said roads are not completed within ten years no further sales shall be made, and the lands unsold shall revert to the United States. SEC. 5. And be it further enacted, That the United States mail shall Transportation be transported over said railroads, under the direction of the Post-Office of mails - Department, at such price as Congress may, by law, direct : Provided, That until such price is fixed by law, the Postmaster-General shall have the power to determine the same. SEC. 6. And be it further enacted, That a like grant to the same extent, Similar grant and on the same terms and conditions in all respects, is hereby made to for a railroad aid in constructing a railroad from the city of Mobile to New Orleans, tj om Mobile to such grant to be made to the several States through which said road shall pass, so far as said road is within their respective limits, (a) (a) See Nos. 432, 1403, 1404, 1418. (6) See ISTos. 38, 59, 433, 1266, 1267, 1273, 1274, 1275, 1276, 1277, 1279, 1231, 1288. 1292. 1293, 1298, 1301, 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1416, 1417. No. 1415. A.N ACT to settle certain accounts between the United States and the March 3 1857. State of Mississippi and other States. Vol. n, p. 200. Be it enacted, $c., That the Commissioner of the General Land Office s ,,, 1 * be and he is hereby required to state an account between the United accounts with States and the State of Mississippi, for the purpose of ascertaining what Mississippi for sum or sums of money are due to said State, heretofore unsettled, on lands, account of the public lauds in said State, and upon the same principles of allowance and settlement as prescribed in the "Act to settle certain ac- counts between the United States and the State of Alabama," approved the second March, eighteen hundred and fifty-five ; and that he be re- quired to include in said account the several reservations under the various treaties with the Chickasaw and Choctaw Indians within the limits of Mississippi, and allow and pay to the said State five per centum thereon, as in case of other sales, estimating the lands at the value of one dollar and twenty-five cents per acre, (a) SEC. 2. And be it further enacted, That the said Commissioner shall And with other also state an account between the United States and each of the other States. States upon the same principles, and shall allow and pay to each State such amount as shall thus be found due, estimating all lauds and per- manent reservations at one dollar and twenty-five cents per acre. (a) See Nos. 1015, 1266, 1303, 1314, 1340, 1366, 1374, 1382, 1398. No. 1416. AN ACT for the relief of certain actual settlers and cultivators who pur- March 3, 1857. chased lands subject to graduation, within the limits of the Choctaw cession of Vol. 11, p. 248. eighteen hundred and thirty, at a less rate than the true graduated price, under the "Act to graduate and reduce the price of the public lands to actual settlers and cultivators," approved the fourth of August, -eighteen hundred and fifty -four, and for other purposes. Be it enacted p ' 384 - ISee ALABAMA, No. 1616.] May 9, 1860. No. 1419. AN ACT to authorize the issuance of patents in the name of James S. VoL 12, p. 840. Douglass, upon certain land entries made at Chockchnma, Mississippi. Patents for Be it enacted, fa., That the Commissioner of the General Land Office land in Missis- be, and he is hereby, authorized to cancel the patents heretofore issued sippi to issue to to James S. Coleman upon land entries number three thousand one hun- b. u ig. ^^ and f or ty. e ight, three thousand one hundred and forty-nine, three thousand one hundred and fifty, three thousand one hundred and fifty- one, three thousand one hundred and fifty-two, and three thousand one hundred and fifty-three, made on the thirty-first March, eighteen hun- dred and thirty-five, in the former Chockchuma district, Mississippi; and that said Commissioner be, and he is hereby, authorized and di- rected to issue patents for the lands embraced by said entries to James S. Douglass, senior, in whose name said entries ought to have been car- ried upon the records, by the land officers at Chockchuma. ALABAMA. Wo. 1420. AN ACT for an amicable settlement of limits with the State of Georgia, April 7, 1798. and authorizing the establishment of a government in the Mississippi Territory. VoL 1, p. 549. [See MISSISSIPPI, No. 1264.] Wo. 1 421 .AN ACT supplemental to the act intituled "An act for an amicable set- May 10, 1800. tlement of limits with the State of Georgia ; and authorizing the establishment of a Vol. 2, p. 69. government in the Mississippi Territory." ___________ [See MISSISSIPPI, No. 1265.] No. 1422. AN ACT regulating the grants of land, and providing for the disposal March 3, 1803. of the lands of the United States, south of the State of Tennessee. Vol. 2, p. 229. [See MISSISSIPPI, No. 1266.] No. 1423. AN ACT supplementary to the act intituled "An act regulating the grants of laud, and providing for the disposal of the lands of the United States, south of the State of Tennessee." [See MISSISSIPPI, No. 1268.] March 27, 1804. VoL 2, p. 303. No. 1424. AN ACT further to amend an act, intituled "An act regulating the grants of land ; and providing for the disposal of the lands of the United States, south of the State of Tennessee." [See MISSISSIPPI, No. 1270.] March 2, 1805. Vol. 2, p. 323. No. 1425. AX ACT supplemental to an act, intituled "An act regulating the grants of land, and providing for the disposal of the lands of the United States, south of the State of Tennessee." [See MISSISSIPPI, No. 1274.] Jan. 19, 1808. Vol. 2, p. 455. No. 1426. AN ACT for the disposal of certain tracts of land in the Mississippi Territory, claimed under Spanish grants, reported by the land commissioners as antedated, and to confirm the claims of Abraham Ellis and Daniel HarregaL [See MISSISSIPPI, No. 1276.] Feb. 28, 1809. VoL 2, p. 526. No. 1 427. A PKOCLAMATION by the President of the United States of America Oct. 27, 1810. respecting taking possession of part of Louisiana. VoL 11, p. 761. [See LOUISIANA, No. 707.] No. 1428 AN ACT providing for the removal of the land office established at Feb. 25, 1811. Nashville, in the State of Tennessee, and Canton in the State of Ohio; and to Vol.2, p. 649. authorize the register and receiver of public monies to superintend the public sales of land in the district east of Pearl River. [Land office at Nashville to be removed to some place in the Missis- sippi Territory. Sales of public lands in the district east of Pearl River ; by whom to be conducted. See Mississippi, No. 1279.] 595 596 ALABAMA. Dec. 12, 1811. No. 1429. AX ACT allowing further time for completing the payments on certain Vol. 2, p. 668. lands held by right of pre-emption, in the Mississippi Territory. [See MISSISSIPPI, No. 1281.] April 25, 1812. No. 1430. AN ACT for ascertaining the titles and claims to lands in that part of Vol. 2, p. 713. the Louisiana which lies east of the river Mississippi and island of New Orleans. [See LOUISIANA, No. 718.] May 14, 1812. No. 143 1. AN ACT to enlarge the boundaries of the Mississippi Territory. >p ' ' [Territory east of Pearl River, west of the Perdido, and south of the 31st degree of latitude annexed to Mississippi Territory. See MISSIS- SIPPI, No. 1285.] June 30, 1812. No. 1432. AN ACT confirming claims to lands in the Mississippi Territory, founded Vol. 2, p. 765. on warrants of survey granted by the British or Spanish Government. [See MISSISSIPPI, No. 1286.] July 5, 1812. No. 1433. AN ACT confirming grants to lands in the Mississippi Territory de- Vol. 2, p. 776. rived from the British Government of West Florida, not subsequently regranted . by the government of Spain or of the United States. [See MISSISSIPPI, No. 1287.] Feb. 12, 1813. No. 1434. AN ACT authorizing the President of the United States to take posses- Vol. 3, p. 472. sion of a tract of country lying south of the Mississippi Territory and west of the river Perdido. [See MISSISSIPPI, No. 1290.] March 31, 1814. No. 1435. AN ACT Vol. 3, p. 116. lie lands in the Mississippi Territory. [See MISSISSIPPI, No. 1292.] April 18, 1814. No. 1436. AN ACT extending relief to certain purchasers of public lands in the Vol. 3, p. 130. Mississippi Territory. [See MISSISSIPPI, No. 1293.] April 18, 1814. Bfo. 1437. AN ACT supplemental to an act, entitled " An act for ascertaining the Vol. 3, p. 137. titles and claims to lands in that part of Louisiana which lies east of the river Mis- sissippi and island of New Orleans." [See LOUISIANA, No. 723.] Jan. 23, 1815. No. 1438.- AN ACT supplementary to the act, entitled "An act providing for the Vol. 3, p. 192. indemnification of certain claimants of public lands ia the Mississippi Territory." [See MISSISSIPPI, No. 1296.] March 3, 1815. No. 1439. AN ACT further supplementary to an act, entitled "An act providing Vol. 3, p. 235. for the indemnification of certain claimants of public lands in the Mississippi Tern- tory." [See MISSISSIPPI, No. 1299.] April 20, 1816. No. 1 440. AN ACT further supplementary to the act, entitled "An act providing Vol. 3, p. 294. for the indemnification of certain claimants of public lands in the Mississippi Ter- ritory." [See MISSISSIPPI. No. 1300.] ALABAMA. 597 UTo. 1441 .AN ACT for the relief of certain purchasers of public lands in the Mis- April 24, 1816. sissipi Territory. V ol. 3, p. 300. [See MISSISSIPPI, No. 1301.] No. 1442. AN ACT for the relief of Thomas H. Boyle. April 27, 1816. Beit enacted, fc., That Thomas H. Boyle, or his legal representatives, Yo1 - ^ P- 169 - be authorized to enter with the register of the land office, without pay- Allowed to en- ment, twelve hundred and eighty acres of land, including his settlement ter a tract of land in the Mississippi Territory, and on return being made to the Commission- without pay- [er] of the General Land Office, a patent shall issue as in other cases. ####### No. 1443. AN ACT to establish a separate Territorial government for the eastern March 3, 1817. part of the Mississippi Territory. Vol. 3, p. 371 . Be it enacted, $-c., That all that part of the Mississippi Territory which : - lies within the following boundaries, to wit: beginning at the point the Mississippi where the line of the thirty-first degree of north latitude intersects the Territory de- Perdido River, thence east to the western boundary line of the State of scribed, to form Georgia, thence along said line to the southern boundary line to the caUe^AlYbarn^! State of Tennessee, thence west along said boundary line to the Tennes- see River, thence up the same to the mouth of Bear Creek, thence by a direct line to the northwest corner of Washington County, thence due south to the Gulf of Mexico, thence eastwardly, including all the islands within six leagues of the shore, to the Perdido River, and thence up the same to the beginning, shall, for the purpose of a temporary government, constitute a separate Territory, and be called "Alabama." * * # * * # * SEC. 5. And ~be it further enacted, That this act shall commence and Time at which be in force, so soon as the convention, the appointment whereof has this a t 8h all been authorized by Congress at their present session, shall have formed SS7 the western part of said Territory, may have formed a constitution and and Territory. State government for the same, shall be divided between the new State and Territory, according to the amount which may have been paid into said treasury, from the counties lying within the limits of such State and Territory respectively, (a) (a) See Nos. 707, 1264, 1265, 1285, 1420, 1421, 1427, 1431, 1452, 1453, 1499. 598 ALABAMA. March 3, Ifll7. No. 1444. AN ACT to set apart and dispose of certain public lands, for the en- Vol. 3, p. 374. couragement of the cultivation of the vine and olive. Four contigu- Be it enacted, $c., That it shall be the duty of the Secretary of the ous townships, Treasury, under the direction of the President of the United States, square^lnThe 10 desi g nate > and set apart, any four contiguous townships, each six Mississippi Ter- miles square, of vacant public lands lying in that part of the Missis- ritory, to be setsippi Territory which was formed into a land district, by the act, en- apart and reserv- titled "An act for the ascertaining and surveying of the boundary lines fixed by the treaty with the Creek Indians, and for other pur- poses," passed on the third day of March, one thousand eight hundred and fifteen ; and the four townships, so designated and set apart, shall be reserved from public and private sale, anything in the aforesaid act to the contrary notwithstanding. The Secretary SEC. 2. And be it further enacted, That the Secretary of the Treasury of the Treasury fc e , and he is hereby, authorized to contract for the sale of the said four the^aleaf the town8n ip 8 > which shall have been designated and set apart, as afore- townships at $2 said, at the rate of two dollars per acre, to be made payable fourteen per acre, &c. years after the contract shall have been concluded with any agent, or agents, of the late emigrants from France, who have associated together Proviso: as to for the purpose of forming a settlement in the United States : Provided, ttie agents of That satisfactory evidence shall be produced that such agent, or agents, grant" being duly are dulv authorized to form such contract, and that the number of such authorized to emigrants, being of full age, for which he or they are authorized to act, form a contract, are equal at least to the number of half-sections contained in the four &c - townships proposed to be disposed of. The Secretary SEC. 3. And be it further enacted, That thesaid Secretary shall have power empowered to to make such allotment of the lands among the individuals, and to o-f Th e iVn^fs stipulate, in the proposed contract, for such conditions of settlement among individu- and cultivation of the vine, and other vegetable productions, as may to als, and to stipu- him appear reasonable ; and that on the fulfilment of such conditions late for the cul- 8 h a ll t he issuing of grants for the lands, be made to depend: Provided, vtae.&c. a That no P atent 8ha11 b granted for any of the lands aforesaid, nor Proviso: no shall any title be obtained therefor, either at law or equity, until corn- patent or title plete payment shall have been made for the whole four townships, and L^L^f 1 ^ 6 un til they comply with the conditions of the contract, so to be made as c aforesaid ; nor shall a patent be granted for a greater quantity than six hundred and forty acres to any one person, (a) (a) See Nos. 1458, 1497, 1521, 1543. March 3, 1H17. No. 1445. AX ACT making provision for the location of the lands reserved by thousand eight hundred nation, to certain chiefs Vol 3 p. 380. the first article of the treaty of the ninth of August, one thousand eight hundred and fourteen, between the 'United States and the Creek and warriors of that nation, and for other purposes. Chiefs and Be it enacted, <$*c., That the chiefs and warriors of the Creek nation, warriors of the who, by virtue of the first article of the treaty of the ninth of August, thor e ed a tolocate one thousand eight hundred and fourteen, between the United States their reserva- and that nation of Indians, are entitled to a reservation of land, which tions of land. shall include their improvements, shall be authorized to locate said res- ervation in the following manner, viz : Manner of lo- Every such chief, or warrior, shall and may select such four quarter- cation, sections, or such number of quarter-sections and fractional parts of sec- tions, not exceeding six hundred and forty acres of land, as have been or may be surveyed, in pursuance of the act of Congress, passed the third day of March, one thousand eight hundred and fifteen, and as shall include their respective improvements. And in case such chief, or warrior, shall have resided at one place, and cultivated a farm or plan- tation at another place, he may, at his option, select such quarter-sec- tions, and fractional parts of sections, s\s shall include his said separate Proviso as to improvements : Provided, however, That the lands so selected, shall enure the title vested, to such chief or warrior so long only as he shall continue to occupy and cultivate the same; and, in case he shall not have abandoned the possession, shall, on his decease, descend to and vest in his heirs in fee- simple, reserving to the widow of such chief or warrior the use and occupation of one-third part of said lands, during her natural life. Widows and SEC. 2. And be it further enacted, That when any chief or warrior, so children to have entitled to a reservation of laud at the time of the signing of the treaty, the right of se- g^i h ave 8 j nce died, and left a widow and child or children, who has original cl a i n> or have continued to occupy and cultivate the said hind, they shall an &c . and conditions, as are or may be provided for the sale of other lands in Patents, &c. the same district ; and patents shall be granted in the same manner, and on the same terms, as for other lands in the said district. (/) (a) See Nos. 777, 1403, 1500, 1605. (b) See Nos. 1452, 1477, 1541, 1586, 1589, 1590, 1592, 1600, 1603, 1604. (c) See Nos. 1452, 1482. (d) See No. 1452. {e) See Nos. 718, 1266, 1279, 1422, 1428, 1430, 1456, 1499, 1511, 1523, 1568, 1574. (/) See Nos. 433, 730, 1266, 1279, 1281, 1293, 1301, 1323, 1422, 1428, 1429, 1436, 144J, 1448 1470, 1516, 1545, 1598, 1602, 1609, 1618. Io. J 45 1 .AN ACT authorizing the President of the United StaLc-s to purchase the Feb. 20, 1819. lands reserved by the act of the third of March, eighteen hundred and seventeen, Vol. 3, p. 484. to certain chiefs, warriors, or other Indians, of the Creek nation. Be it enacted, ifc., That it shall be lawful for the President of the The President United States to purchase for, and on behalf of, the United States, any may purchase tract or tracts of land, reserved by the act of the third day of March, JSJJJJd, by act eighteen hundred and seventeen, to the chief?, warriors, or other Indians, O f March, 1817, of the Creek nation, which they, or either of them, may be disposed to to the Creeks, sell; and the amount of such purchase shall be paid out of any money in the Treasury not otherwise appropriated. SEC. '2. And be it further enacted, That any tract or tracts of land, the Lands acquired title to which may'be acquired by the United States, by virtue of this by virtue of this act, shall be offered at public sale, at the land offices of the district in jSiSeimraMi2 which they may be situate, upon such day or days as the President day8 as t | 10 p rea . shall, by proclamation, designate for that purpose, in the same manner, ideut may d-*ig- and on the same conditions and terms of credit, as is provided by law nate. for the sale of public lands of the United States; and patents shall be granted -therefor, as lor other public lands and town lots sold by the United States, (a) (a) See New. 1445, 1545, 1557. 602 ALABAMA. March 2, iei9. No. 1 452. AN ACT to enable the people /)f the Alabama Territory to form a con- \ <>1. 3, p. 4-9. slitution and State government, and for the admission of such State' into the Union on an equal footing with the original States. The inhabitants Be it enacted, an( i t h ey are hereby, authorized to form for themselves a constitu- aconstit ution tion and State government, and to assume such name as. they may and state govern- deem proper; and that the said Territory, when formed into a State, ment. shall be admitted into the Union, upon the same footing with the oricr- ^ ea 4 m - itted inal States, in all respects whatever. Bounda,ries n of SEC - ' 2 - And be '{ further enacted, That the said State shall consist of the State. all the territory included within the following boundaries, to wit: Beginning at the point where the thirty-first degree of north latitude intersects the Perdido River; thence, east, to the western boundary line of the State of Georgia; thence along said line, to the southern boundary line of the State of Tennessee; thence, west, along said boundary line, to the Tennessee River; thence, up the same, to the mouth of Bear Creek ; thence, by a direct line, to the northwest corner ^ Wasnill g ton County; thence, due south, to the Gulf of Mexico; six leagues of the tuence > eastwardly, including all islands within six leagues of the shore, shore." ' to the Perdido River; and thence, np the same to the beginning. The line of de- SEC. 3. And be it further c nacted, That it shall be the duty of the sur- marcation be- veyor of the lauds of the United States south of the State o*f Tennessee, T3 thTstate antl tbe 8urvevor of the public lands in the Alabama Territory, to run to be formed, to and cnt ont tne line of demarcation, between the State of Mississippi benmandcnt by and the State to be formed of the Alabama Territory : and if it should the surveyors of appear to said surveyors, that so much of said line designated in the Tennessee "and of P roced ' n g section, running due south, from the northwest corner of Alabama. Washington County to the Gulf of Mexico, will encroach on the coun- ties of Wayne, Green, or Jackson, in said State of Mississippi, then the same shall be so altered as to run in a direct line from the northwest corner of Washington County to a point on the Gulf of Mexico, ten miles east of the mouth of the river Pascagola. (a) *#***** Proposi t i o n s SEC. 6. And be it further enacted, That the following propositions be, and offered to the the same are hereby, offered to the convention of the said Territory of Alabama, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States. Section Xo. 16, First. That the section numbered sixteen' in every township, and 8hM> eV f e o y th tOWI e wnen BUCn 8ection has been sold, granted, or disposed of, other lands of schools equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such townships for the use of schools. (6) State for the use for working the said salt springs, not exceeding in the whole the quari- of the people. tity contained in thirty-six entire sections, shall be granted to the said State, for the rise of the people of the said State, the same to be used, under such terms, conditions, and regulations, as the legislature of the said Stale shall direct : Provided, That said legislature shall never sell, nor lease the same for a longer term than ten years at any one time. Five per <*air. Third. That five per cent, of the net proceeds of the lands lying with- of net proceeds of j n the said Territory, and which shall be sold by Congress, from and Sept! l? 1819 to af ter t he first (lav of September, in the year one thousand eight hundred be reserved 'for and nineteen, after deducting all expenses incident to the same, shall making pub lie be reserved for making public roads, canals, and improving the naviga- rawls, canal8,&c. t ,j on o f r i v ers, of which three fifths shall be applied to those objects within the said State, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said State, under the direction of Congress, (c) Anentiretown- Fourth. That thirty-six sections, or one entire township, to be de-si g- ehip for a semin- na ted by the Secretary of the Treasury, under the direction of the Presi- nng - dent of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said State, to be appropriated solely To be reserved to the use of such seminary by the said legislature. And the Secretary in small tracts. o f t ne Treasury, under the direction as aforesaid, may reserve the sev- enty-two sections or two townships, hereby set apart for the support of a seminary of learning, in small tracts: Provided, That no tract shall Proviso : irrev- consist of less than two sections : (d) 4*d provided always. That the said ocable ordi- convention shall provide, by an ordinance irrevocable without the con- ALABAMA. 603 sent of tbe United States, that the people inhabiting the said Territory, nance disclaim- do agree and declare that they forever disclaim all right and title to the ing right to waste waste or unappropriated lands lying within the said Territory; and waste lands' at that the same shall be and remain at the sole and entire disposition of the sole disposal the United States ; and moreover, that each and every tract of land sold of the United by the United States, after the first day of September, in the year one States. thousand eight hundred and nineteen, shall be and remain exempt from 8 [I b v the any tax laid by the order, or under the authority of the State, whether United States to for State, county, township, parish, or any other purpose whatever, for be exempt from the term of five years, from and after the respective days of the ta | es for five sales thereof ; (e) and that the lands belonging to citizens of the United ^^mls of non- States, residing without the said State, shall never be taxed higher than resident citizens the lands belonging to persons residing therein ; and that no tax shall not to be taxed be dmposed on lands, the property of the United States; and that all hi ^ her ' * navigable waters within the said State shall for ever remain public high- rjnited States ways, free to the citizens of said State and of the United States, with- lands. out any tax, duty, impost, or toll, therefor, imposed by the said State. SEC. 7. And be it further enacted, That, in lieu of a section of land, Land for a seat provided to be reserved for the seat of government of the said Territory, of government in, by an act, entitled "An act respecting the surveying and sale of the lieu > &c - public lauds in the Alabama Territory," there be granted to the said State, for the seat of the government thereof, a tract of land containing sixteen hundred and twenty acres, and consisting of sundry fractious and a quarter- section, in sections thirty-one and thirty-two, in town- ship sixteen, and range ten, and in sections five and six, in township fif- teen, and range ten, and in sections twenty-nine and thirty, in the same township and range, lying on both sides of the Alabama and Cahawba rivers, and including the mouth of the river Cahawba, and which here- tofore has been reserved from public sale, by order of the President of the United States. (/) *#*##** (a) See Nos. 707, 1264, 1265, 1285, 1420, 1421, 1427, 1431, 1443, 1453, 1499. (ft) See Nos. 1450, 1477, 1541, 1586, 1589, 1590, 1592, 1600, 1603, 1604. (c) See Nos. 1015, 1314, 1459, 1494, 1541, 1573, 1581, 1607. (d) See Nos. 1450, 1482. (e) See Nos. 169,1588. (/) See No. 145J. No. 1453. RESOLUTION declaring the admission of the State of Alabama into Dec. 14, 1819. the Union. Vol. 3, p. 608. Whereas, in pursuance of an act of Congress, passed on the second The people of day of March, one thousand eight hundred and nineteen, entitled "An Alabama have act to enable the people of the Alabama Territory to form a constitution formed a consti- and State government, and for the admission of such State into the tution and State Union, on an equal footing with the original States," the people of the gov( said Territory did, on the second day of August, in the present year, by a convention called for that purpose, form for themselves a constitution and State government, which constitution and State government, so formed, is republican, and in conformity to the principles of the articles of Compact between the original States and the people and States in the territory northwest of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, so far as the same have been extended to the said Territory by the articles of agree- ment between the United States and the State of Georgia: Resolved, $-c., That the State of Alabama shall be one, and is hereby Alabama ad- declared to be one, of the United States of America, and admitted into mitted into tho the Union on an equal footing with the original States, in all respects Ul whatever, (a) (a) See Nos. 707, 1264, 1265, 1285, 1420, 1421, 1427, 1431, 1443, 1452, 1499. No. 1454. AN ACT for the relief of John McGrew, Richard Cravat, Hardy Perry, May 8, 1820. ' and Beley Cheney. Vol. 6, p. 246. Be it enacted, $c., That John McGrew, Richard Cravat, Hardy Perry, ~ Confirmed ^ and Beley Cheney, be, and they are hereby, confirmed in their respective their claims to claims to land lying on the east side of the Tombigbee Kiver, in the land in Alabama. State of Alabama, founded on Spanish warrants of survey, issued prior to the twenty- seventh day of October, in the year one thousand seven hundred and ninety -five: Provided, The said claimants shall prove, Provisq 604 ALABAMA. to the satisfaction of the register an,d receiver of the land office within whose district the said lands are situated, that they were residents of the Mississippi Territory on the day aforesaid ; and that, prior to that period, the conditions of said warrants of survey were performed by them. Register and SEC. 2. A nd 1)6 it further enacted, That the register and receiver af ore- receiver to re- said, are hereby required to receive and record the evidence which may Xrevidencf&c be offere<1 in support of the claims enumerated in the first section of ' ' this act ; and if it shall appear that the said claimants were residents of the late Mississippi Territory, or had complied with Ihe conditions of their warrants of survey, on the day and year in the foregoing section specified, it shall be the duty of the said register and receiver to issue to the said claimants certificates of confirmation, for the quantity of Proviso. land mentioned in the said warrants of survey : Provided, No certificate shall be for a larger quantity than six hundred and forty Acres : And Proviso. provided, also, That the said lands have not been sold by the United States ; in which case, the register and receiver shall make a special report of the fact, with all the evidence thereto appertaining, to the Commissioner of the General Land Office, who shall present the same to Congress at their next session, for their decision thereon, (a) (a) See No. 1555. May 8, 1820. No. 1455. AX ACT for the relief of the legal representatives of Henry Willis. ' p ' L_ Be it enacted, $~c., That the legal representatives of Henry Willis be, Authorized to and they are hereby, authorized to enter, without payment, in lieu of enter a tract of ^wo tracts of land, claimed by them, on the waters of Bavou Sarah, t other t^actf and which have V een 8 . old ^ the United States, in any land office in claimed by them, the States of Mississippi or Alabama, and in such quantities, agreeably to the surveys made by the United States, as the claimants may desire, a quantity not exceeding thirteen hundred arpens ; for which the reg- ister or registers of the land offices aforesaid, shall issue the necessary certificate or certificates, on return of which* to the General Land Office, a patent or patents shall issue in favor of said legal representatives, (a) (a) See No. 1457. May 11 1820 No. 1456. AN ACT to establish additional land offices in the States of Alabama Vol. 3, p. 571.. and Dlinois. District and B ^ enacted, $c., That for the sale of the unappropriated public land office at lands in the State of Alabama, the following districts shall be formed, Tuscaloosa. and land offices therefor established : All the public lands, as afore- said, bounded on the north by the line which separates townships num- bered fourteen and fifteen, in the district of Huntsville; on the south, by the line which separates townships twenty-two and twenty-three, in the district of Cahawba, and the district east of Pearl River ; and on the east and west, by the lines of the State of Alabama ; shall form a district, for which a land office shall be established at Tuscaloosa. District a n d And all the public lands, as aforesaid, bounded on the south by the land office at southern boundary of the State of Alabama ; on the west, by the line Conecuh Court- separating ranges four and five, east of the basis meridian, to the line separating townships five and six north, in the district of Cahawba; thence, east, with said line, to the line separating ranges twenty and twenty-one; thence north, with the said line, to the line separating townships eleven and twelve; thence, east, with said line, to the east- ern boundary of the State of Alabama, and bounded on the east by the eastern boundary of said State ; shall form a district, for which a land office shall be established at Conecuh Courthouse. Part of Shaw SEC. 2. And be it further enacted. That so much of the public lands, neetown district heretofore included in the Shawneetown land district, as lies east of to form a sepa- t jj e third principal meridian, north of the base line, and west of the ' range line, between ranges numbered eight and nine, east of the said third principal meridian, shall constitute a separate laud district ; and, Land office at for the sale of the public lands therein, there shall be a land office es- Vandalia. tablished at Vandalia, the seat of government for the State of Illinois. Another land SEC. 3. And be it further enacted, That so much of the public laud as district in II li- lies north of the base line, east of the aforesaid range line, and west of noi s. the Big W abash River, as lies in the State of Illinois, shall also con- ALABAMA. 605 stitute a separate land district ; and for the sale of the public lands, Land office at there shall be a land office established at the. town of Palestine, on the Palestine, said Wabash River. SEC. 4. And le it further enacted, That there shall be a register and A register and receiver appointed to each of the aforesaid land offices, to superintend ^^^ T Q 0r ^ acl1 the sales of the public lands in their respective districts, who shall re- with " e coiupeiisa- side at the places designated in their respective districts, at which the tion, &c., as in offices are fixed, give security in the same manner, in the same sums, other cases. and whose compensation, emoluments, and duties, and authority, shall, in every respect, be the same, in relation to the lands which shall be disposed of at their offices, as are or may be by law provided in rela- tion to the registers and receivers of public moneys in the several offices established for the sale of the public lands. SEC. 5. And le it further enacted, That the provisions of the second, Second, third, third, and fifth sections of the act, entitled "An act to designate the ; and fifth sections boundaries of districts, and establish land offices for the disposal of the MarchS iliS ap- public lands, not heretofore offered for sale, in the States of Ohio and piicable,' &c.', so Indiana," approved March the third, eighteen hundred and nineteen, far as they have be, and the same are hereby, made applicable to the aforesaid districts n 9* een cnan S- and offices, so far as they are not changed by subsequent laws of the e ' United States, (a) (a) See Nos. 718, 1266, 1279, 1422, 1428, 1430, 1450, 1499, 1511, 1523, 1568, 1574. No. 1457 AN ACT to amend the act, entitled "An act for the relief of the legal Dec. 29, 1820. representatives of Henry Willis. ' Vol. 6, p. 254. Be it enacted, and vested in, Alzira Dibrel, formerly Alzira Mitchel, and Dexter with the Sophia Hancock, formerly Sophia Mitchel, daughters of Samuel Mitchel, Choctaws, con- by Molly, a Choctaw woman, and their heirs, for ever, which tract of firmed. land was reserved to them by the treaty of Mount Dexter, concluded between the United States of America and the Choctaw nation of In- dians, on the sixteenth day of November, one thousand eight hundred and five. May 8, 1822. No. 1461. AX ACT confirming claims to lots in the town of Mobile, and to land Vol. 3, p. 699. in the former province of West Florida, which claims have been reported favourably on by the commissioners appointed by the United States. Claims to lots Be it enacted, $*c.. That all the claims to lots in the town of Mobile, in Mobile, found- founded ^ on complete grants derived from either the French, British, grants frcHn P tbe or Spanish, authorities, reported to the Secretary of the Treasury by French, British, the commissioner for the district east of Pearl River, appointed under or Spanish au- the authority of "An act for ascertaining the titles and claims to land thoriUes, report- j n tnat par t o f Louisiana which lies east of the island of New Orleans," nized a8'valfd. 0g or which were so reported by the register and receiver, acting as com- missioners, under the act of the third of March, one thousand eight hundred and nineteen, entitled "An act for adjusting claims to land, and establishing land offices, in the districts east of the island of New Orleans," which are contained in the reports of the commissioner, or of the register and receiver acting as commissioners, and which are, in their opinion, valid, agreeably to the laws, usages, and cus- toms, of the said governments, be, and the same are hereby, recognised as valid. Certain claims SEC. 2. And le it further enacted, That all the claims to lots in the to lots in Mobile town aforesaid, reported as aforesaid, and contained in the reports of the commissioner, or of the register and receiver acting as commission- ers, founded on orders of survey, requettes, permissions to settle, or other written evidences of claims, derived from either the French, British, or Spanish authorities, and bearing date prior to the twentieth of De- cember, one thousand eight hundred and three, and which ought, in the opinion of the commissioner, to be confirmed, shall be confirmed in the same manner as if the title had been completed. All claims to SEC. 3. And be it further enacted, That all the claims to lots in the town lots in Mobile, aforesaid, reported as aforesaid, and contained in the reports of the commSsioner ecommi8sioner ' or of tae re g ister and receiver acting as commissioners, &c., founded on founded on private conveyances which have passed through the office private convey- of the commandant, or other evidence, but founded, as the claimants 2 nce8 ; & c -. c 011 - allege, on grants lost by time and accident, and which ought, in the opinion of the commissioner, to be confirmed, shall be confirmed in the Proviso. same manner as if the titles were in existence : Provided, That, in all such claims where the quantity claimed is not ascertained, no one claim shall be confirmed for a quantity exceeding seven thousand two hun- dred square feet. For all other SEC. 4. And 1)e it further enacted, That for all the other claims to lots claims to lots in in the town aforesaid, reported as aforesaid, which are contained in M . ob ^ 1 . e > on. tne report of the register and receiver, and which, by the said report, p^n-tfof Vhe regls" a PP ear to have been built upon or improved and occupied, on or before ter and receiver] the fifteenth day of April, one thousand eight hundred and thirteen, built upon, &c., the claimants shall be entitled to grants therefor as donations: Provided, i?i r i^ foreA t pr t ilTliat in a11 8uch claims, where the quantity claimed is not ascertained, issue aT a dom no one claim 8ha11 be confirmed for a quantity exceeding seven tions. thousand two hundred square feet; And provided also, That all the Proviso. confirmations and grants provided to be made by this act, shall amount only to a relinquishment for ever, on the part of the United States, of all right and title whatever to the lots of land so confirmed or granted. Registers and SEC. 5. And be it further enacted, That the registers and receivers of receivers of the the land offices at St. Helena Courthouse and at Jackson Courthouse, land offices at St. respectively, shall have the same powers to direct the manner in which Jackson* Cou U rt- a11 lands confirmed by this act shall be located and surveyed, and also to ALABAMA. 607 decide between the parties in all conflicting and interfering claims, as houses, to have are given by the act, entitled "An act supplementary to the several f 8ame powers, acts for adjusting the claims to laud, and establishing land offices, in *y ' t { "J^*. the districts east of the island of New Orleans." (a) plementary, &c. (a) See Nos. 718, 723, 1067, 1266, 1268, 1270, 1274, 1276, 1286, 1287, 1292, 1296, 1299, 1300, 1422, 1423, 1424, 1425, 1426, 1430, 1432, 1433, 1435, 1437, 1438, 1439, 1440, 1479, 1484, 1527, 1585. No. 1462. AN ACT granting to the State of Alabama the right of pre-emption to March 3, 1823. certain quarter-sections of land. Vol. 3, p'. 773. Be it enacted, $c., That there be granted to the State of Alabama, at Alabama al- the minimum price for which public lands of the United States are lowed the right sold, the right of pre-emption to one quarter-section of land, in, or near, of pre-emption of the centre of each of the counties of Marengo, Perry, and Decatur, of JJJjJJ ,* or seats ( the State aforesaid, in trust for said counties, respectively, for the es- tablishment of seats of justice therein : Provided, That the proceeds of Proviso, the sale of each of said quarter-sections shall be appropriated for the purpose of erecting public buildings in the county for which it is lo- cated, after deducting therefrom the amount originally paid for the same: And provided further, That the seat of justice for said counties, Proviso, respectively, shall be fixed and continued on the lands so located and selected. No. 1463. AN ACT to regulate the surveying of public and private lands in the Feb. 28, 1824. southern part of Alabama. Vol. 4, p. 6. Be It enacted, $c., That all the lands in the State of Alabama shall be Lands to be at- attached to the district of the surveyor of the public lands in the State tached to tbedis- of Alabama, and the surveying of all public and private lands, in the trict f tn 8ur * said State, shall hereafter be made under his direction ; and it shall be Je?t' srveor the duty of the deputy surveyor of the district east of the island of east of the island New Orleans, and east of Pearl River, to return the plats of all private of New Orleans, claims within the State of Alabama, to the office of the said surveyor, (a) &c> (a) See Nos. 777, 1450, 1500, 1605. No. 1464. AN ACT for the relief of the heirs of Miguel Eslava. May 21, 1824. Be it enacted, $c., That the heirs of Miguel Eslava, deceased, be, and -*-*%/ vv VHrVWWWj *-} ^.y J-JJCHJ UUV JJt/llO V/J. i'J-l^LA^i J-JDJ Cb V CVj V* t^V^tCUOV- \A j R-F^j ClUVi. they are hereby, confirmed in their claim to a lot of ground situated His heirs con" below Fort Mobile, purchased by the said Miguel Eslava, at a judicial jj,"? 6 ^ in i thei l sale of Jean Baptiste de Lusser, on the thirtieth day of December, one ground below thousand seven hundred and eighty-eight, and bounded on the east by Port Mobile. Royal street continued, on the north by Monroe street, on the west by Washington street, and on the south by a lot claimed by the family of Burette, and containing sixteen thousand nine hundred and one square feet : Provided, This confirmation shall only amount to a relinquish- Proviso, ment, on the part of the United States, and shall not affect the rights of any third person. No. 1465. AN ACT for the relief of the representatives of John Donnelson, May 24, 1824. Stephen Heard and others. Vol. 6. p. 313. [Authorized to enter 5,000 acres of land in any land office in Missis- sippi or Alabama. See MISSISSIPPI, No. 1321.] No. 1466. AN ACT granting certain lots of ground to the corporation of the city May 26, 1824. of Mobile, and to certain individuals of said city. ^ Vol. 4, p. 66. Be it enacted, #c., That all the right and claim of the United States to the All the richt lots known as the hospital and bake-house lots, containing about three- am i c i a i m O f the fourths of an acre of land, in the city of Mobile, in the State of Alabama; United States to and also all the right and claim of the United States to all the lots not the lots known as sold or confirmed to individuals, either by this or any former act, and bake-house 1 o t a to which no equitable title exists, in favour of any individual, under this j n the city of or any other act, between high- water mark and the channel of the Mobile, &c., vest- river, and between Church street and North Boundary street, in front ed iu the 608 ALABAMA. and aldermen of of the said city, be, and the same are hereby, vested in the mayor and said city. aldermen of the said city of Mobile, for the time being, and their suc- cessors in office, for the sole use and benefit of the said city forever. Right and SEC. i 2. And be it further enacted. That all the right and claim of the l ai . m * l h , e United States to so many of the lots of ground, east of Water street, otherlots insaid and Between Church street and North Boundary street, now known as city vested in water lots, as are situated between the channel of the river and the the person to front of the lots, known, under the Spanish Government, as water lots, whom such alien- j n [the] said city of Mobile, whereon improvements have been made, order of^survey ^ e > an( l the same are hereby, vested in the several proprietors and occu- wasmade. pants of each of the lots heretofore fronting on the river Mobile, except in cases where such proprietor or occupant has alienated his right to any such lot, now designated as a water lot, or the Spanish Government has made a new grant, or order of survey, for the same, during the time at which they had the power to grant the same ; in which case, the right and claim of the United States shall be, and is hereby, vested in the person to whom such alienation, grant, or order of survey, was Proviso. made, or in his legal representative ; Provided, That nothing in this act contained shall be construed to affect the claim or claims, if any such there be, of any individual or individuals, or of any body politic or corporate, (a) (a) See Xo. 1480. May 26, 1824. Hfo. 1467. AX ACT granting to the corporation of Tuskaloosa certain lots and vol. 6, p. 315. privileges over the reservations and commons in said town. The right and Be it enacted, CJT., That the right and title of the United States to the title of the f nit- public streets, and to certain lots in the town of Tuskaloosa, set apart public^street 8 lor P ublic nses > and designated in the plan of said town, by the names &.c . in the town of the "court square," the "market square," the "jail lot," the "spring," of Tuskaloosa, the " church," and the "burial ground," be, and the same is hereby, vested in the cor- vested in the corporation of said town forever: And, also, all the right JJSSfJJeTO.. of tbe Suited States to that tract, between the lots and the river Tus- The right, p> 340 ' ized to relinquish and surrender to the Government of the United States May surrender the east half of the southeast quarter of section twenty-eight, in town- a certain quarter- ship four, range six west, in the Huntsville land office district, contain- ceive another * ing seventy- nine acres and seventy-five hundredths of an acre, for re turn. which a patent was issued in his name, on the first day of October, eighteen hundred and twenty-five, upon a declaration for relinquish- ment erroneously made, upon which said relinquishment and surrender, as above mentioned, to the register and receiver of the land office in Huntsville : and in consideration thereof, they are hereby authorized and required to cause a patent to be issued, in the name of the said Anderson, for the west half of the said southeast quarter of section twenty-eight, in township four, of range six west, in lieu of the east half of the said southeast quarter of section twenty-eight, hereby au- thorized to be relinquished : Provided, Application shall be made to the Proviso, register and receiver of the land office at any time previous to the land being offered for sale by the United States. No. 1472. AN ACT relinquishing the right of the United States in a certain tract May 16, 1826. of land, to Samuel Brashiers. Vol. 6, p. 342. Be it enacted, c,, That all right, title, and interest, which the United Ri en t of the States possess, in the reservation made to Samuel Brashiers, of lands united States in within the tract of country ceded to the United States, by the treaty of certain land sur- Fort Jackson, on the ninth day of August, eighteen hundred and four- rendered to him. teen, with the Creek nation of Indians, be, and the same is hereby, vested in Samuel Brashiers, the occupant of the same : Provided, That proviso, only six hundred and forty acres shall be granted in virtue of this act, and that the same shall be laid out according to the provisions of the treaty. No. 1473. AN ACT relinquishing the right of the United States in a certain tract Mavr 16 1826 of land, to William Hollinger. Vof 6, p. 342 Be it enacted, #c., That all right, title, and interest, which the United ni^ht of United States possess, in the reservation made to William Hollinger, of lands states in certain within the tract of country ceded to the United States, by a treaty of land surrendered Fort Jackson, on the ninth day of August, eighteen hundred and four- to him - teen, with the Creek nation of Indians, be, and the same is hereby, vested in the said William Hollinger : Provided, That only six hundred Proviso, and forty acres shall be granted in virtue of this act. No. 1474. AN" ACT for the relief of Arthur Jones. May 18f ig26 Be it enacted, $c., That Arthur Jones be, and he is hereby, authorized YoL 6 ' P- 344t and empowered to relinquish and surrender to the Government of the May relinquish United States, the east half of the southwest quarter of section thirty, a certain tract of in township four, of range two west, containing eighty acres, and eight- land, and re- hundredths of an acre, a patent for which issued in his name, dated an^hertherefor the first day of October, eighteen hundred and twenty-five, on a dec- laration for relinquishment erroneously made : in consideration of which relinquishment and surrender, as above mentioned, to the regis- ter and receiver of the land office in Huntsville, they are hereby au- thorized and required to cause a patent to be issued, in the name of the said Arthur Jones, for the west half of the said southwest quarter of section thirty, in township four, of range two west, in lieu of the east half of said quarter-section, hereby authorized to be relinquished on the application of the said Jones : Provided, It shall be made at any time previous to said land being offered for sale by the United States. 39 L O VOL II 6 1 ALABAMA. May 22, 1826. No. 1475.-AX ACT for the relief of Alfred Flournoy. Be it enacted, &< rior rivers, in said State, under the direction of the legislature thereof. SEC. 7. And be it further enacted, That the said rivers, when improved Rivers, when as aforesaid, shall remain forever free from toll for all property belong- improved, to be ing to the Government of the United States, and for all persons in their ever free from service, and for all the citizens of the United States, unless a toll shall be ^t y belonging allowed by act of Congress, (a) to the United (a) See Nos. 1487, 1495, 1518, 1524, 1533. States, &c. No. 1482. AN ACT to authorize the selection of lands for the benefit of a seminary May 24, 1828. of learning, in the State of Alabama, inst ead of other lands heretofore selected. Vol. 6, p. 383. Be it enacted, #c., That the trustees of the University of the State of Trusteesofthe Alabama be, and they are hereby, authorized to surrender the patents university of the issued for section twelve, the northeast quarter of section seventeen, state of Alabama the northeast quarter of section twenty-eight, and the east half of the authorized to northeast quarter of section thirty- four, in township four, range eleven, patents Ts sued west, in the Huntsville land district, and to select a like quantity inf or 8ec tion 12, lieu thereof, of any of the public lands of the United States, in said &c., for a semin- State ; and that, on such relinquishment being made by the trustees as ary of learning, aforesaid, patents shall issue to the purch asers from the United States, Jg 1 of said lands, or their assignees, (a) (a) See Nos. 1450, 1452. No. 1483. AN ACT for the benefit of the trustees of the Lafayette Academy, in May 24, 1828. Alabama. Vol. 6, p. 385. Be it enacted, $c., That there be granted to t he trustees of the Lafay- Grant of land ette Academy, in the State of Alabama, and their successors in office, for the use of the the east half of section thirty-four, and the east half of the southeast Lafayette Acad- and northeast quarters of section twenty-seven, in township four, range em y* ten, west, in the Huntsville land district; to be applied or disposed of by them, for the sole use and benefit of said academy. No. 1484. AN ACT confirming the reports of the register and receiver of the land March 2, 1829. office for the district of St. Stephens, in the State of Alabama, and for other Vol. 4, p. 358. purposes. Be it enacted, #c., That all the claims to lands and town lots contained in certain land the abstracts denominated A, number one, D, number one, E, number claims in Ala- one, F, number one, reported to the Treasury Department by the reg- bama confirmed, ister and receiver of the land office for the district of Saint Stephens, in the State of Alabama, under the provisions of the act of Congress of the third of March, one thousand eight hundred and twenty-seven, be, and the same are hereby, confirmed to the extent therein recommended for confirmation. SEC. 2. And be it further enacted, That all the claims contained in Others con- special reports, numbered one to four, inclusive, and in a supplementary firmed, report of the said register and receiver, made as aforesaid, be, and the same are hereby, confirmed. SEC. 3. And be it further enacted, That every person or persons, or the Certain claims legal representatives of such person or persons, who, on the fifteenth to be filed with day of April, one thousand eight hundred and thirteen, had, for ten con- JJhrer at St. secutive years prior to that day, been in possession of a tract of land, Stephens, not claimed by any other person, and not exceeding the quantity con- tained in one league square ; and who were, on that day, resident in that part of Louisiana situated east of Pearl Kiver, and west of the Perdido, and below the thirty-first degree of north latitude, and had still possession of such tract of land, shall be authorized to tile their claim in the manner required in other cases, before the said register and receiver, at Saint Stephens, for their decision thereon. And it 614 ALABAMA, Register and shall be the duty of the said register and receiver to hear and record, receiver to record the evidence offered to support such claim ; and if the same shall be port oTcMm 8 s UP ' established by sufficient proof, agreeably to the provisions of this sec- If sufficient evi- tion, the said officers shall, in their report, recommend the confirmation dence, claims to of the right to such claim, as in other cases : Provided, That no more be recommended i an d 8na n t e reported for confirmation, by virtue of this section, than Proviso^ l n ' is actaall J claimed by the party, or than is contained within the ac- knowledged and ascertained boundaries of the tract claimed ; nor shall the provision of this section authorize the confirmation of any land heretofore sold by the United States. Operation of SEC. 4. And le it further enacted, That the confirmation of all the confirmation. claims provided for by this act shall amount only to a relinquishment for ever, on the part of the United States, of any claim whatever, to the tracts of land and town lots so confirmed, and that nothing herein con- tained shall be construed to affect the claim or claims of any individual or body politic or corporate, if any such there be. Register and SEC. 5. And be it further enacted, That the register and receiver of the receiver to direct land office at Saint Stephens be, and they are hereby, invested with n d | 8 U ^ e at ^ lg power to direct the manner in which all claims to lands and town lots, c o n f i r me d w .hich have been confirmed by this and former acts of Congress, in their claims. district, shall be located and surveyed, having regard to the laws, usages, and customs of the Spanish Government on that subject, and also the mode adopted by the Government of the United States, in surveying t* e claims confirmed by virtue of the second and third sections of an act of Congress, entitled "An act regulating the grants of lands, and pro- viding for the disposal of the lands of the United States, south of the State of Tennessee," approved the third of March, one thousand eight hundred and three ; and that so much of the fourth section of the "Act supplementary to the several acts for adjusting the claims to land and establishing land offices in the district east of the island of New Orleans," approved the eighth of May, one thousand eight hundred and twenty-two, as interferes with the power granted to the register and receiver of the land office at Saint Stephens, be, and the same is hereby, repealed. Certificat es SEC. 6. And be it further enacted, That certificates of confirmation and and patents to be patents shall be granted for all lands and town lots confirmed by virtue of the provisions of this act, in the same manner as patents are granted for lands and town lots confirmed under former acts of Congress. Compensation SEC. 7. And be it further enacted, That the Secretary of the Treasury to receiver at St. be, and he is hereby, authorized and empowered to make such compen- n ?h ervi f0r Cer " sation > not exceeding two hundred and fifty dollars, in addition to the sum already paid, to the present receiver of the land office at Saint Stephens, as to him may seem a just and proper equivalent for the services rendered by him in the discharge of the duties under the pro- visions of an act of Congress passed on the third day of March, one thousand eight hundred and twenty-seven, (o) (a) See Nos. 718, 723, 1067, 1266, 1268, 1270, 1274, 1276, 1286, 1287, 1292, 1296, 1299, 1300, 1422,1423,1424,1425,1426,1430,1432, 1433, 1435, 1437, 1438, 1439, 1440, 1461, 1479, 1527, 1585. March 2, 1829. No. 1485. AN ACT for the benefit of the trustees of the Valley Creek Academy, Vol. 6, p. 398. in the State of Alabama. Trustees an- ** e *'* enact d> 4' c "> That the trustees of the Valley Creek Academy, in thorized to enter the State of Alabama, be, and they are hereby, authorized to enter with certain land, &c. the register of the Cahawba land district, in said State, the northwest quarter of section number twenty-six, in township number eighteen, range number ten ; and upon paying to the receiver of public moneys for the said district, at the rate of one dollar and twenty-five cents an acre, the said trustees shall be entitled to receive a patent for the said quarter-section, vesting the title to the same in them and their succes- sors for ever. March 6, 1830. No. I486 .A PROCLAMATION by the President of the United States of America Vol. 11, p. 770. ordering persons to remove from the public lands. Preamble Whereas it has been represented, that many uninformed or evil dis- posed persons have taken possession of, or made settlement on, the pub- lic lands of the United States, within the district of lands subject to sale, at Huntsville, in the State of Alabama, which have not been pre- viously sold, ceded, or leased by the United States, or the claim to which ALABAMA. 615 lands, by such persons, has not been previously recognized and con- firmed by the United States ; which possession or settlement is, by the act of Congress, passed on the third day of March, one thousand eight hundred and seven, expressly prohibited ; and whereas, the due execu- tion of the said act of Congress, as well as the general interest, require that such illegal practices should be promptly repressed : Now, therefore, I, Andrew Jackson, President of the United States, Ordering per- haye thought proper to issue this my proclamation, commanding and sons to remove strictly enjoining all persons who have unlawfully taken possession of, or [m the public made any settlement on, or who now unlawfully occupy any of the pub- lic lands within the district of lands subject to sale at Huntsville, in the State of Alabama, as aforesaid, forthwith to remove therefrom ; and I do hereby further command and enjoin the marshal, or officer acting as marshal, in that State, where such possession shall have been taken, or settlement made, to remove, from and after the first of September, one thousand eight hundred and thirty, all or any of the said unlawful occupants ; and to effect the said service, I do hereby authorize the employment of such military force as may become necessary, in pursu- ance of the provisions of the act of Congress aforesaid, warning the offenders; moreover, that they will be prosecuted in all such other ways, as the law directs. In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the city of Washington, the sixth day of March, in the year of our Lord one thousand eight hundred and thirty, and of the inde- pendence of the United States of America the fifty-fourth. [L. s.J ANDREW JACKSON. By the President : M. VAN BUREN, Secretary of State. No. 1487. AN ACT to extend the time for commencing the improvement of the April 24 1830. navigation of the Tennessee Kiver. Vol. 4, p.' 397. Be it enacted, $c., That the time for commencing the improvement of ~~^. ~ the navigation of the Tennessee River, under an act of Congress " to me nc?ng &c C( ex- grant certain relin quished and unappropriated lands to the State of Ala- tended to Dec. 1, bama, for the purpose of improving the navigation, of the Tennessee, 1830. Cahawba, and Black Warrior rivers," approved the twenty-third day of May, one thousand eight hundred and twenty-eight, be, and the same is hereby, extended to the first day of December next, (a) (a) See Nos. 1481, 1495, 1518, 1524, 1533. No. 1488. AN ACT for the benefit of Daniel M'Duff. A pil 24 Ig3() Be it enacted, $c., That Daniel M'Duff be, and he is hereby authorized Vol. 6, p. 415. to locate his warrant for military bounty land, in the county of Jack- Authorized to son, and State of Alabama, so as to include his improvement in Ash- locate his war- burn's Cove, by legal subdivisions, in adjoining tracts, nob to exceed in rant for bounty the whole three hundred and twenty acres or half a section. J^ nd "J. Jac ^son SEC. 2. And be it further enacted, That it shall be lawful for the said bama ' Daniel M'Duff, upon surrendering to the register of the land office at May enter a Huntsville, his said warrant for military bounty land, paying one dol- half-section, &c. lar and twenty-five cents an acre, for the excess over and above three hundred acres of land expressed in said warrant, and making proof be- fore said register of the quarter-section in which said improvement lies, to enter one half-section of land as aforesaid; and thereupon it shall be the duty of said register to issue to said Daniel M'Duff a final certifi- cate of purchase ; and to forward the same, together with said warrant, to the Commissioner of the General Land Office, whose duty it shall be to issue a patent or patents for the land so entered. No. 1489. AN ACT for the relief o Captain John Woods. Ma gg 1830 Be it enacted, #c., That, instead of the reservation of six hundred and Vol. 6, p. 438. forty acres, heretofore surveyed in a square, and allowed to the said certain land John Woods, a Cherokee Indian, in the county of Jackson, in the State allowed him. of Alabama, the said John Woods be, and he is hereby, allowed to take his reservation, of the like quantity of six hundred and forty acres, in 616 ALABAMA. Proviso. the county aforesaid, according to the following metes and bounds, to wit : Beginning at a large poplar, on the State line ; thence, south fif- teen degrees east, sixty poles, to a stake ; thence, south forty-eight degrees east, twenty poles, to a stake ; thence, south twenty-seven degrees east, sixty-four poles to a sourwood ; thence, south fifty degrees east, forty- eight poles to a dogwood ; thence, south sixty-seven degrees east, two hundred and eighty-eight poles, to a white-oak ; thence, south seven degrees west fifty-two poles to a white-oak; thence, south forty-one degrees west, fifty-five poles, to a large white-oak ; thence, south twenty-four degrees east, twenty poles to a black walnut ; thence, west two hundred and six poles to a large white-oak on the south side of the cove ; thence, north fifty-nine degrees west, one hundred and four poles, to a hickory ; thence, north twelve degrees west, fifty poles, to a Spanish oak ; thence, north thirty-one degrees west, thirty-nine poles, to a stake ; thence, north eleven degrees west, eighteen poles, to an elm ; thence, north thirty degrees west, forty-two poles, to a white- oak ; thence, north forty seven degrees west, thirty-six poles, to a ham- ham ; thence, north seventy-seven degrees west, fourteen poles, to a stake above the head of a spring; thence, north forty degrees west, fifty-seven poles, to the edge of the west part of Box's cove, to a small beech ; thence, west two hundred and fifteen poles, to a box-elder ; thence, north seventy poles, to a beech ; thence, east one hundred and thirty poles, to a stake, north fifty degrees east, sixty poles, to a white- oak at the foot of a rocky bluff; thence, east one hundred and sixty poles, to the beginning ; Provided, That nothing contained in this act shall be construed to authorize the removal of any individual who may have settled upon, and may now occupy, any part of the land included within the metes and bounds aforesaid, without the consent of such occupant. May 28, 1830. No. 1490. AN ACT for the relief of Alexander Montgomery, John H. Watts, and Vol. 6, p. 433. the administrators of John Wilson, deceased. ~~p H Wattg Be it enacted, $' c -> That all the right, title, and interest, which might sionary interests, accrue or revert to the United States, to the reservations of land now claimed and possessed by Conaleskee, commonly called Challenge, James Ore, and Giles McAnulty and his wife Alice, and William Wilson and his wife Peggy Wilson, under a treaty made and concluded between the ALABAMA. 617 United States and the Cherokee tribe of Indians, on the eighth day of July, one thousand eight hundred and seventeen ; and all the right, title, and interest, which might accrue or revert to the United States, to reservations of land, now claimed and possessed by George Stiggins and Arthur Sizemore, under a treaty made and concluded between the United States and the Creek Indians, at Fort Jackson, on the ninth, day of August, one thousand eight hundred and fourteen, all lying in the State of Alabama, be, and the same are hereby, relinquished, and vested in the said reservees, and their heirs, respectively : Provided, That the said Conaleskee, commonly called Challenge, James Ore, Giles McAnulty, and William Wilson, George Stiggins, and Arthur Sizemore, with their respective families, shall remove to their respective tribes west of the Mississippi River, not included within any State or Territory ; and that the Government of the United States shall not be chargeable with the expense of their removal or transportation, or with any allowance of land to, or on account of either of them, or their respective families; And provided, also, That no conveyance or deed of the said lands, or any part of them, shall be valid or effectual, until every such conveyance or deed shall be submitted to one of the district attorneys for the district of Alabama, for his approbation ; and if, after inquiry into the facts and circumstances attending the contracts for the sale of any of the said lands, he shall be satisfied that such contracts are fair, and that the consideration paid, or agreed to be paid therefor, is adequate, he shall indorse his approbation on each conveyance and deed so approved; and, thereafter, the same [shall] be deemed valid and effectual, (a) (a) See Nos. 1577, 1580. Relinquished. Proviso. Proviso. No. 1493. AN ACT for the relief of John Glass. May 29, 1830. Be it enacted, $c., That, whenever John Glass, of Lawrence County, _Z^ll!5l Alabama, shall produce to the register and receiver of public moneys Land patent to in the land office at Huntsville, in said State, satisfactory evidence that issue on certain he is equitably entitled to the northeast quarter of section four in town- co )n8 ' ship five, of range seven west, in the district of land sold at Huntsville, and shall pay to the said receiver of public moneys the balance of the purchase money due on said quarter-section, without interest, and de- ducting therefrom thirty-seven and a half per centum, the said John Glass shall be entitled to receive a patent for the said quarter- section : Provided, Said Glass shall make said proof, and pay said balance, with Proviso. the deduction aforesaid, on or before the first day of January next ; and that the patent hereby directed to be issued shall only operate as a relinquishment from the United States, as far as regards the moiety which might have been claimed by Alexander McQuie. SEC. 2. And le it further enacted, That the said John Glass may, under the conditions and restrictions contained in the foregoing section, in his election, avail himself of the provisions of "An act for the relief of of ch 31, purchasers of public lands, and for the suppression of fraudulent prac- tices at the public sales of the lands of the United States," passed at the present session of Congress. May avail him- ^ * * ne . P 10 : No. 1494. AN ACT to amend an act, entitled "An act to provide for paying to the Jan. 19, 1831. States of Missouri, Mississippi, and Alabama, three per centum of the net proceeds Vol. 4, p, 432. arising from the sale of the public lands within the same. [See MISSOURI, No. lOlo.] No. 1495 AN ACT to amend the act granting "certain relinquished and unap- propriated lands to the State of Alabama, for the purpose of improving the navi p eD> jg, 1831. y o i > 4 p. 441 gation of the Tennessee, Coosa, Cahawba, and Blackwariior rivers," approved the _ '. ! twenty-third day of May, one thousand eight hundred and twenty-eight Be it enacted, ^-c., That it shall and may be lawful for the State of state of Ala- Alabama, by the board of canal commissioners appointed by her for hama authorized that purpose, to contract for and construct that part of the canal round to contract; &0 - the Muscle Shoals, beginning at Campbell's Ferry, and running up the river to Lamb's Ferry, before they contract for, or complete that part of the said contemplated canal between Campbell's Ferry and Florence ; any thing in the act to which this is an amendment to the contrary notwithstanding. 618 ALABAMA. United States SEC. 2. And be it further enacted, Ttiat it shall be the duty of the eugi- engineers to fur- neers of the United States who have this matter in charge, to furnish to said board of commissioners, as soon as practicable, a plan of that section of the canal above contemplated first to be executed, connect- ing it with the river at or near to Campbell's Ferry, and at the most eligible point at, or immediately below Lamb's Ferry, on the cheapest practicable plan, in conformity with said original act, to be approved by the President of the United States. Plan pre- SEC. 3. And be it further enacted, That the section of said canal above scribed. Lamb's Ferry, shall, by said engineers, be so planned as to connect it with the deep water in the river at or above Lamb's Ferry ; and the section below Campbell's Ferry, shall, in like manner, be connected with the deep water at or below said last- mentioned ferry, (a) (a) See Xos. 1481, 1487, 1518, 1524, 1533. Feb. 12, 1831. No. 1 496. AN ACT for the relief of Willi am Smith, administrator of John Taylor, Vol. 6, p. 452. deceased. Relinquish- Be it enacted, <$-c., That the register of the land office at Cahaba be, ment of certain an d ne i s hereby, authorized and directed to cancel the relinquishment celed. m made bv the 8aid William Smith, as administrator of John Taylor, de- ceased, on the thirty-first day of March, one thousand eight hundred and twenty-five, of the west half of the southwest quarter of land, of section fifteen, in township ten, of range fourteen, in Butler County, in the State of Alabama, and which etill remains unsold by the United States ; and that he be authorized and directed to deliver over the cer- tificate therefor to the said William ; and the said William Smith is authorized and empowered to dispose of the same by assignment or otherwise, in as full and ample manner, to all intents and purposes, which he might or could have done before the relinquishment thereof ; and that all the benefits and privileges given by this act to the said William Smith shall be given and extended to his assignee or assignees ; and that the said William Smith, or his assignee or assignees, be allowed to hold the same, free from forfeiture for twelve months from the Proviso. passage of this law : Provided, nevertheless, That the said William Smith, shall, before he be entitled to the benefit of this act, pay over to the receiver of public moneys at Cahaba, the sum of ninety-nine dollars and ninety-eight and a quarter cents, that being the full amount of money which had been paid thereon previous to the relinquishment, and which has been transferred and credited on other lands purchased by his intestate in his lifetime. Feb. 19 1831. No. 1497. AN" ACT to alter and amend "An act to set apart and dispose of cer- Vol. 4, p. 444! tain public lands for the encouragement of the cultivation of the vine and olive." Be it enacted, <$-c., That all persons entitled to lands, under a contract ^ 8 j ntl entered into, on the eighth of January, eighteen hundred and nineteen, der, &c bv the Secretary of the Treasury on the part of the United States, and Charles Villar, agent of the Tombecbee Association, in pursuance of "An act to set a/part and dispose of certain public lands for the encour- agement of the cultivation of the vine and olive," approved on the third of March, eighteen hundred and seventeen, their heirs, devisees or as- "W h o appear, signs, who appear by the report of William L. Adams, special agent of &c., to have pre- the Treasury, appointed in compliance with a resolution of the Senate, emption right, passed the twentieth of May, eighteen hundred and twenty-six, to have complied with the conditions of settlement and cultivation, as stipu- lated for in said contract, or who shall hereafter make it appear to the satisfaction of the Secretary of the Treasury, that they have so complied, shall, on paying into the Treasury one dollar and twenty-five cents the acre previous to the third of March, eighteen hundred and thirty-three, receive a patent for the same. Other persons SEC. 2. And be it further enacted, That all persons who became entitled ^ ht & V6 same to an allotment of land under said contract, their heirs, devisees or as- signs, who have failed to comply with the conditions of settlement and cultivation within the period required thereby, who at the time of the passage of this act shall be in the actual occupancy and cultivation of the same, shall, on paying into the Treasury one dollar and twenty-five [cents] the acre, previous to the third of March, eighteen hundred and thirty-three, receive a patent for the same. ALABAMA. 619 SEC. 3. And be it further enacted, That the widow and children of any Widows person who became entitled to an allotment of land under said con- children, tract, and died without performing the conditions required, shall, on paying into the Treasury one dollar and twenty-five cents per acre, previous to the third of March, eighteen hundred and thirty-three, re- ceive a patent for the same, (a) (a) See Nos. 1444, 1458, 1521, 1543. and No. 1498. AN ACT confirming the claim of John B. Toulmin to a lot in the city March 2, 1881. of Mobile. Vol. 6. p. 460. Be it enacted, #c., That John B. Toulmin be, and he is hereby, con- claim to a lot firmed in his claim to a lot in the city of Mobile, bounded west by Saint in Mobile con- Joseph street, north by Saint Anthony street, and on the east by Royal fir med. street, originally granted to John Linder: Provided, however, Thatnoth- Proviso, ing in this act contained shall be so construed as to prevent adverse claimants from asserting their rights, in a court of justice. W o. 1 499. AN ACT to ascertain and mark the line between the State of Alabama March 2, 1831. and the Territory of Florida, and the northern boundary of the State of Illinois, and VoL 4, p. 479. for other purposes. Be it enacted, #c., That the President of the United States be, and he Boundary, is hereby, authorized to cause to be run and marked the boundary line between the State of Alabama and the Territory of Florida, by the sur- veyors-general of Alabama and Florida, on the thirty-first degree of north latitude ; and it shall be the duty of the surveyor-general of Flor- ida to connect the public surveys on both sides with the line so run and marked, (a) SEC. 2. And be it further enacted, That patents shall be issued for such Certain pat- tracts of land as were sold and paid for at the land office at Tallahassee, ents to issue, in the Territory of Florida, as are found to be situate within the limits of the district of lands subject to sale at Sparta, in Alabama, agreeably to the terms of the act organizing that district ; and the said entries and sales shall be as valid, in every respect, as if they had been made in the land district of Alabama. (&) * * * (a) See Nos. 707, 1264, 1265, 1285, 1420, 1421, 1427, 1431, 1443, 1452, 1453. (b) See Nos. 718, 1266, 1279, 1422, 1428, 1430, 1450, 1456, 1011, 1523, 1568, 1574. No. 150O. AN ACT to create the office of surveyor of the public lands for the State of Louisiana. [Maps, records, &c., relating to lands in Alabama, to be delivered to surveyor for the State of Alabama. See LOUISIANA, No. 777.] March 3, 1831. Vol. 4, p. 492. No. 1501 .AN ACT for the relief of Dixon Spears. Be it enacted, fc., That Dixon Spears, of the county of Laurence, in the State of Alabama, be, and he is hereby authorized, to surrender to the register and receiver of the land office at Huntsville, in said State of Alabama, the certificate heretofore issued to him, for the west half of &c> the northeast quarter of section twenty-three, township six, and range eight, west of the meridian of Huntsville, which was purchased by him through mistake ; and said Dixou Spears on filing his relinquishment to all right and title thereto, is authori zed to enter in the said land office at Huntsville, the east half of the northeast quarter, in the town- ship and range aforesaid, and in payment therefor, shall be credited with the amount of money which was paid for the tract first named : Provided, That said half quarter-section shall remain unsold until ap- plication to purchase be made by said Spears, and in the event that it shall have been sold before such application, then said Dixon Spears shall be entitled to a certificate from the register and receiver, stating the amount which has been by him so paid by mistake, which shall be received in payment for any land of the United States, which may hereafter be offered for sale. Jan. 19, 1832. Vol.6, p. 472. Authorized to sec- Proviso. 620 ALABAMA. Feb. 18, 1832. IVo. 1502. AN ACT for the relief of John Proctor. Be it enacted, <$-c., That John Proctor, of the county of Perry, in the Authorized to State of Alabama, be, and he is hereby authorized to surrender the cer- ceSftcate &c n tificate issued to him from tbe land office at Cahawba, in said State, for the east half of the northwest quarter-section twenty-six, township twenty, range seven, east of the meridian, which was entered by him through mistake ; and on filing his relinquishment to all right and title thereto, said John Proctor is authorized to enter in said land office at Cahawba, the east half of the northwest quarter-section twenty-seven, in township twenty, and range seven ; and in payment therefor, shall be credited with the amount of money which was paid for the tract first named. Feb. 24, 1832. No. 1503. AN" ACT for the relief of the heirs of William Robertson, deceased, Vol. 6, p. 476. and Daniel S. Leonard. Robertson an- Se ** enact ^9 $ c -> That the heirs of William Robertson, late of Madi- thorized to sur- son County, Alabama, deceased, be, and they are hereby, authorized to render certificate surrender, in the land office at Huntsville, in the State aforesaid, the of further credit, " certificate of further credit," bearing date on the seventh of Septem- ber, one thousand eight hundred and twenty-one, which issued to the said William Robertson, in his lifetime, for the northeast quarter of section number four, in township number one, of range number two east, in the district of lands offered for sale at Huntsville ; and, on the pay- ment of the balance due, if any, under the act of Congress, entitled "An act supplemental to an act, passed on the thirty -first March, eighteen hundred and thirty, entitled 'An act for the relief of purchasers of pub- lic lands, and for the suppression of fraudulent practices at the public sales of lands of the United States,' " passed on the twenty-fifth day of February, eighteen hundred and thirty-one, the said heirs of the said William Robertson, deceased, shall be entitled to a patent for the said quarter-section of land, in all respects, as they would have been if said certificate had been surrendered, and such balance paid, at or before the expiration of the time limited for that purpose by the provisions of Proviso. said act : Provided, Said quarter-section of land shall not have been, be- fore such surrender of said certificate, purchased by any other person ; and, in that event a certificate shall issue to said heirs from said land office, for the full amount which may have been paid by the said Rob- ertson, in his lifetime, which shall be received in payment for any land of the United States which may be hereafter sold. D. S. Leonard SEC. 2. And be it further enacted, That Daniel S. Leonard, who was the authorized to purchaser of the northeast quarter of section twenty-two, in township avail himself of O ne, of range one, east of the basis meridian of lands offered for sale at 1831 f F6b> 25> Huntsville, Alabama, be, and he is hereby, authorized to avail himself of the provisions of the act referred to in the foregoing section of this act, which was passed on the twenty-fifth day of February, one thousand eight hundred and thirty-one, under the limitations and restrictions prescribed for the heirs of the said William Robertson, deceased. March 15, 1832. y o . 1504. AN" ACT for the relief of Robert Jones and William A. Fleming. ' ' Be it enacted, $c., That Robert Jones, of the county of Jackson, in the Robert Jones State of Alabama, be, and be is hereby, authorized to surrender the cer- authorized to tificate which heretofore issued to him from the land office at Hunts- certmcate &c ville, in said State, for the southeast quarter of fractional section num- ber eleven, in township number one, of range number eight, east of the meridian, which was entered by him through mistake ; and, on filing therewith his relinquishment of all right and title thereto, said Robert Jones is authorized to enter in the said land office, at Huntsville, the southeast quarter of fractional section number fourteen, in the town- ship and range aforesaid, and, in payment therefor, shall be credited to the amount of money which was paid for the tract, or quarter-section Proviso. nrs .t named : Provided, The said last- mentioned quarter-section shall re- main unsold till application to purchase be made by said Jones ; and, in the event that said last-named quarter-section shall have been sold before such application, then said Robert Jones shall be entitled to a certificate for the amount which has been so paid by mistake on the first-named tract, which shall be received in payment for any other land of the United States which may be hereafter sold. ALABAMA. 621 No. 1505. AN ACT for the relief of William Williamson. March 15, 1832. Be it enacted, $-c., That it shall and may be lawful for the register and re- ILi! L_ ceiver of the land office at St. Stephens, to correct the mistake committed Mistake in re- by William Williamson in the relinquishment made by him, the tenth }^ uis ^ ent f September, one thousand eight hundred and twenty-one, of the west rected. half instead of the east half of fractional section number six, township number nine, range number seventeen west ; and upon the said William- eon surrendering the original grant for the east half of said fractional section which has issued to him in consequence of the mistake afore- said, the register and receiver shall apply the money heretofore paid into the land office to the west half of said fractional section, and give to the said Williamson the certificate of payment necessary to enable him to obtain a grant from the United States for the said west half of said fractional section : Provided, That nothing herein shall be so con- Proviso, strued as to affect the claim of any other person to the said tract of land. No. 1506. AN ACT for the relief of Thomas Dennis, and the legal representative March 31, 1832. of Asa Hartfleld. Vol. 6, p. 483. Be it enacted, #c., That the Commissioner of the General Land Office Patents for land cause to be issued to Thomas Dennis, of the State of Alabama, patents to be issued to T. for the following tracts of land ; the east half of the northwest quarter Dennis- of section number nine, in township number twenty- two, range one, east ; and the east half of the southwest quarter of section number four, in the township and range above described. The said tracts of land, having been purchased by said Dennis, at the laud office at St. Steph- en's, and full payment made thereon ; but from some informality or mis- take in said office, the patents have been withheld. No. 1507. AN ACT confirming to Joshua Kennedy, his claim to a tract of land in May 5, 1832. the city of Mobile. Vol. 6, p. 485. Be it enacted, #c., That Joshua Kennedy, of the city and county of Land claim Mobile, in the State of Alabama, be, and he is hereby, confirmed in his confirmed, claim to a tract of land, containing twenty and twenty-eight hundredths arpens, situate in the south part of the city of Mobile, which said claim is designated as " claim number ten , in abstract A, number two" of the report made to the Secretary of the Treasury on the twenty-ninth of February, one thousand eight hundred and twenty -eight, by the com- missioners appointed under the act of Congress of third March, one thousand eight hundred and twenty-seven, entitled "An act supple- mentary to the several acts providing for the adjustment of land claims in the State of Alabama." SEC. 2. And be it further enacted, That the Commissioner of the Gen- Patent to bo eral Land Office be, and he is hereby, authorized and required, on a issued, return of the survey of the above-mentioned tract of land, by the sur- veyor of the lands of the United States in the State of Alabama, to issue a patent for the same, to the said Joshua Kennedy, or his legal rep- resentatives, or to any person legally claiming under him or them : Pro- Proviso. vided, however, That the confirmation of this claim, and the patent pro- vided to be issued, shall not be held to interfere with any part of said tract which may have been disposed of by the United States previous to the passage of this act ; and this act shall be held to be no more than a relinquishment of whatever title the United States may now have to such tract of land. No. 1508. AN ACT foi the relief of James W. Hill, Elyah Hill, and Philip Barnes. May 31, 1832. Be it enacted, #c., That the said James W. Hill, Elijah Hill, and Philip. Vo ' 6> p ' 492 ' Barnes, be, and they are hereby, authorized to surrender the certificate Authorized to for the southwest quarter of section number thirty-six, in township 8U " r l * n d number three, of range number five, west of the basis meridian of ce Huntsville, Alabama, and relinquish all claim thereto in the land office of said place j and, instead thereof, to enter the southeast quarter of section number thirty-five, in the same township and range, which was heretofore relinquished by them through mistake ; and they shall be credited, in the payment of said last-named quarter-section, the amount 622 ALABAMA. which has been by them paid on the said first-named quarter-section : Proviso. Provided, The said quarter of section number thirty-five shall remain unsold till they apply for the same ; and, if sold, they shall receive a certificate for the amount paid on said first-named quarter, which shall be received in payment for any land of the United States hereafter sold. May 31, 1832. No. 1509. AN ACT for the relief of William R. Pickett. Be it enacted, <$-c., That the register and receiver of the land office at Certificate of St. Stephen's, in Alabama, be, and they are hereby, authorized to issue is?ued Crip t0 b6 to William R - Pickett a duplicate of a certificate of forfeited land scrip, number six thousand five hundred and thirty-nine, for the northwest quarter of section thirty-three, township eleven, range three, west, for the sum of seventy-nine dollars acd sixty-five cents, dated the twelfth of October, one thousand eight hundred and twenty-nine, which certifi- cate was originally issued to the representative of George Buckhannan, and by him, for a valuable consideration, assigned to William R. Pickett, and which has been lost or destroyed ; and the said duplicate shall have all the effect, and be receivable at the land offices in the same manner, as the original certificate of scrip. ^ 1832. jf o . 151 0. AN ACT for the relief of Hopkins Rice. Be it enacted, title> and interest) which now ha8y Title of United or might hereafter accrue, or revert to the United States, to a certain States to certain reservation of six hundred and forty acres of land in the county of lamliSinquisled Jackson > in the State of Alabama, granted to one Thomas Jones, the in their favor, head of an Indian family, under stipulations in the treaties of one thou- sand eight hundred and seventeen, and one thousand eight hundred and nineteen, between the United States and the Cherokee nation east of the Mississippi, and which was heretofore sold and conveyed, by said Jones, to William D. Gaines, and part of which has, by him, been sold to, and is now in possession of, William M. King, be, and the same are hereby, relinquished to the said William D. Gaines and William M. King, Proviso. respectively : Provided, That nothing in this act contained shall be so construed as, in any manner, to affect any right of the wife or children of said Jones, in law or equity, which may exist in consequence of any fraud, or unfairness, which may have been practised in obtaining the conveyance from said Jones and his wife and children : nor shall the absence of said Jones, from said reservation, during his life, or at the time of his death, be held, in any manner, to affect the claim of himself or family to said reservation. July 16 1832. No. 1518. AN ACT supplemental to the act "granting certain relinquished and Vol. 4 p. 604. unappropriated lands to the State of Alabama, tor the purpose of improving the L_l navigation of the Tennessee, Coosa, Cahaba, and Black Warrior rivers," approved the twenty-third day of May, one thousand eight hundred and twenty-eight. Plan for im- Be it enacted, #c., That it shall and may be lawful for the State of Ala- provement of bama to alter the plan for the improvement on the Tennessee River authorized tobe l)elow Florence, by can all ing instead of sluicing, so as to accomplish altered. the object which Congress had in view in making the appropriation : Proviso. Provided, That not more than one hundred and fifty thousand dollars, including the sum already expended on that part of the river, shall be expended below the said town of Florence, (a) (a) See Nos. 1481, 1487, 1495, 1524, 1533. Jan. 30, 1833. No. 1519. AN ACT for the relief of George Mayfield. Vol. 6, p. 530. B e n enacted, $c., That there be, and is hereby, granted to George Section of land Mayfield, of the State of Tennessee, six hundred and forty acres of land, granted to him or to tne amount of one section, to be selected by him in the tract of Fort Jackson, country within the State of Alabama, acquired of the Creek nation, at the treaty of Fort Jackson, in tracts not less than one quarter-section, and entered in the proper laud office in said State : Provided, Said land be subject to entry at private sale, and not settled upon, or occupied by any other person. Patent to be SEC. 2. Andbe it further enacted, That, on the application of said Mayfield, issued. a t the proper land office, and on payment of one dollar for each tract so entered, to the register and receiver, a final certificate shall be given for such tract, upon which a patent from the United States to said May- field, shall issue, (a) (a) See Nos. 1376, 1381, 1390. ALABAMA. 625 No. 1520. AN ACT authorizing the Commissioner of the General Land Office Feb. 5, 1833. to issue patents to persons therein named. Vol. 6, p. 531. Be it enacted, #c., That the Commissioner of the General Land Office Patentforland be, and he is hereby, directed to issue patents, in fee-simple, to William to issue to Wm. Hardridge, or to his assignees or legal representatives, upon producing Hardridge. the certificates, for the south part of fractional section twenty-five, in township eight, of range twenty-nine, containing two hundred and twenty -six acres and ninety-seven hundredths of an acre; also, for the north fractional half, and the east part of the south fractional half of section thirty-one, in township eight, of range thirty, containing four hundred and thirteen acres and three hundredths of an acre, in the dis- trict of land sold at Sparta, Alabama; being the same lands reserved by him. SEC. 2. And be it further enacted, That the Commissioner aforesaid be, Also, to J, and he is hereby, directed to issue patents to Joseph Hardridge, or to Hardridge. his assignees or legal representatives, upon the certificates being pro- duced, for the north part of fractional section twenty-five, in township eight, of range twenty-nine, containing two hundred and twenty-six acres and ninety-seven hundredths of an acre; and, also, for the* east part of fractional section six, in township seven, of range thirty, con- taining four hundred and thirteen acres and three hundredths of an acre, in the district of lands sold at Sparta, Alabama ; being the same lands reserved by him. No. 1521. AN ACT to amend an act, entitled "An act to alter and amend an act Feb. 10, 1833. to- set apart and dispose of certain public lands for the encouragement of the culti- Vol. 4, p. 611. vation of the vine and olive ; " approved nineteenth February, one thousand eight hundred and thirty-one. Be it enacted, #c., That all persons who became entitled to an allot- Occupants prior ment of land under the contract recited in the first section of the act to ^a^utLo which this is an amendment, their heirs, devisees, or assigns, who, on to purchase, or before the thirty-first day of October, in the year eighteen hundred and thirty-two, were in the actual occupancy and cultivation of the same, or any part thereof, shall, on paying into the Treasury one dollar and twenty-five cents the acre previous to the fifteenth of May, one thousand eight hundred and thirty-four, receive a patent for his or her allotment or purchase : Provided, The register of the land office for the district in which the lands lie, shall be satisfied of the validity of the purchase. SEC. 2. And be it further enacted, That all persons in actual settlement Occupants prior and cultivation, before or on the thirty-first day of October, one thou- * Octobei 31 sand eight hundred and thirty-one, upon any of the lands referred to topiuSSase. by the act to which this is an amendment, and not disposed of by the first section of this act, or any former act of Congress, shall, on proof of such settlement and cultivation, and on paying into the Treasury of the United States, within six months after the passage of this act, one dollar and twenty-five cents per acre, receive a patent for one hundred and sixty acres : Provided, That nothing in this act shall be so construed Proviso, as to alter or repeal the third section of the above-recited act. SEC. 3. And be it further enacted, That so much of the act of which Term of pay this is an amendment as requires that payment shall be made previous ment extended. to the third of March, eighteen hundred and thirty- three, be, and the same is hereby, extended to the fifteenth of May, one thousand eight hundred and thirty-four, (a) (a) See Nos. 1444, 1458, 1497, 1543. No. 1522. AN ACT for the relief of Abraham Adams. Fe ^ 30 1833. Be it enacted, fc. t That it shall be lawful for Abraham Adams, of the VoL 6 P- 535 ' State of Alabama, to surrender to the United States, at the land office Certificate o f at Cahawba, in said State, the certificate of purchase which he holds land purchase to for the west half of the northwest quarter of section thirteen, township be surrendered, twelve, and range seventeen, in the said district of Cahawba, and which tract of land was entered and paid for by the said Adams, in May, one thousand eight hundred and thirty- one, by mistake, he, the said Adams, intending to have entered the corresponding tract, in town- ship eleven, upon which he then and still resides. 40 L O VOL II 626 ALABAMA. Authorized to SEC. 2. And be it further enacted, That the register and receiver for the enter land, &c. S8i ^ district shall permit the said Abraham Adams to enter, upon the same terms on which the entry aforesaid was made, the west half of the northwest quarter of section thirteen, township eleven, range seven- teen, and issue to him a certificate therefor, and apply the money paid under the former entry, to the payments of the land herein authorized to be entered, and in case said west half of the northwest quarter of section thirteen, township eleven, raDge seventeen, shall have been en- tered, the register upon the surrender of the original certificate of pur- chase, shall issue to said Adams a certificate, or scrip, for the amount paid, which shall be received in payment of any other lands within said district, now subject to private entry. March 2, 1833. No. 1523. AN ACT to create sundry new land offices, and to alter the boundaries Vol. 4, p. 653. of other land offices of the United States. Demopolis dis- SEC. 7. And be it further enacted, That all the lands situated south trict. of the district line, and south of the dividing line between townships twenty and twenty -one, and north of the line dividing townships eleven and twelve, and west of the line dividing ranges nine and ten west, to the west boundary line of the State of Alabama, shall constitute a land district, to be known and called the Demopolis district. Landsin Green SEC. 8. And be it further enacted, That the lands in the United States and M a r e n g o j n ^ Q6 counties of Green and Marengo, now subject to sale in the Tusca- sulijeaMjo sale^ OO8a ' Cahawba, and Saint Stephen's land districts, as comprehended in at Demopolis the above-described district;, * * * shall, from and after the first land office. day of June next, be subject to sale at the land office in the said Dem- opolis land district ; and it shall be the duty of the registers at Tusca- loosa, Cahawba, and Saint Stephen's, under instructions from the Com- missioner of the General Land Office, to transfer all such books, maps, records, field-notes, and plats, or transcripts thereof, relating to the surveys of the public lands hereby added to the said Demopolis land district, to the register of the Demopolis land district. Register and SEC. 9. And be it further enacted, That there shall be a register and receiver for De- receiver appointed for the said land district, with the same compensa- D> tion, fees, and emoluments, and who shall perform all the duties usually performed by registers and receivers appointed to superintend the sale of the public lands of the United States, (a) * * # # # (a) See Nos. 718, 1266, 1279, 1422, 1428, 1430, 1450, 1456, 1499, 1511, 1568, 1574. March 2, 1833. X o. 1524. AX ACT further to extend the powers of the board of canal commission- Vol. 4, p. 663. ers for the improvement of the Tennessee River in the State of Alabama. Commissioners Be it enacted, <$'C., That the commissioners appointed by the State of to suspend im- Alabama to superintend the improvement of the Tennessee River, and provement of their successors in office, be, and they are hereby authorized to suspend " r< the improvement of so much of said river as is below Florence, in said State, and every other part of the same, until the canal and other im- provements, between Lamb's Ferry and Campbell's Ferry, shall have been completed ; any thing in the act entitled "An act to grant certain relinquished and unappropriated lands to the State of Alabama for the purpose of improving the navigation of the Tennessee, Coosa, Cahawba, and Black Warrior rivers," approved twenty-third of May, one thousand eight hundred and twenty-eight, to the contrary notwith- standing, (a) (a) See Xos. 1481, 1487, 1495, 1518, 1533. March 2, 1833. No. 1525. AN ACT for the relief of Jared E. Groce, of the State of Alabama. 7oL 6, p.5oO. enacted $c., That it shall be lawful for Jared E. Groce, of the Authorized to state of Alabama, to re-enter, with the register of the land office at re-enter certain gfcj g tep }j en > 8> j n t h e State aforesaid, fractional section numbered ten, in township numbered five, of range four, east; and the register and re- ceiver of the land office aforesaid, are hereby required to pass to the credit of the said Jared E. Groce, upon his re-entry of the fractional ALABAMA. 627 Proviso. section aforesaid, the amount of the purchase money of the southwest quarter of section numbered six, in township numbered seventeen, of range four, east : Provided, The said Groce shall surrender to the regis- ter of the land office aforesaid, the patent which he now holds from the United States, for the quarter- section above described, accompanied by such a release of his interest to the land therein designated, as the Com- missioner of the General Land Office shall direct: And provided, The Proviso, said fractional section shall remain unsold ; and, if sold, said Groce may enter any other land in said district, subject to private sale, and be credited to said amount in like manner. No. 1526. AN ACT for the relief of John Hurtell. Feb. 5, 1834. Be it enacted, P ' '- sections west of the Tombeckbe River, of township number four, in Erroneous num- range number two east, marked on the official maps or plats returned Actions* of ^land by the surveyor-general as being numbers thirty-five, thirty-six, and to be corrected, thirty-seven, be corrected on the maps in the office of the surveyor- general, and on those returned by him to the General Land Office, and to the land office for the district of St. Stephen's, so that the number five shall stand thereon instead of the number thirty-five, the number six instead of the number thirty- six, and the number sevtn instead of the number thirty- seven. SEC. 2. And be it further enacted, That the letter-patent issued on the Patents issued fifteenth day of September, in the year one thousand eight hundred to Wm. Crawford and thirty, granting to William Crawford, assignee of Ann Dunham, Ne V m an tobe the fractional section then designated on the said maps by the number corrected, thirty-five, and the patent issued on the first day of September, in the year one thousand eight hundred and twenty-four, granting to Henry Newman the fractional section then designated on the same maps by the number thirty -six ; and also the patent issued on the first day of June, in the year one thousand eight hundred and twenty-nine, grant- ing to William Crawford the fractional section then designated on the same maps as number thirty-seven, all lying in the township number four, of range number two, east, aforesaid, be, and all, each of them, equally legal and valid, as if the same fractional sections had been des- ignated on said maps by their regular numbers, when said patents were issued ; and the Commissioner of the General Land Office, and the register of the land office at St. Stephen's, are hereby directed to note the foregoing correction in the proper places on the books, maps, and records of their respective offices, referring to this act by its date ; and the Commissioner of the General Land Office is hereby also directed to certify, accordingly, the correction affecting each of the said patents, in this respect, upon the back thereof, when presented, with special reference to this act, by which it is authorized. 630 ALABAMA. July 2, 1836. No. 1537. AX ACT for th\3 relief of Elijah Simmons. Beit enacted, <$-c., That Elijah Simmons be, and he is hereby, author- Authorized tojzed to locate six hundred and forty acres of the public lands of the locate a tract of Un i te d States within the State of Alabama, subject to entry at private sale, in lieu of eight hundred arpens situated on the east side of the Alabama Kiver, in what is commonly called the fork, near the Tensaw Eiver, and to which he was entitled by the laws of Spain, on which he had settled, had cultivated and inhabited in seventeen hundred and ninety-seven, and which has been sold by the United States as public Proviso, land: Provided, That the said location be made in conformity with the legal divisions and subdivisions of public lands, and in quantities not less than one hundred and sixty acres; and on the execution, by the said Elijah Simmons, of a good and sufficient release to the United States of all his right, title, and interest to the said lands as aforesaid, to be tiled in the proper laud office, patents shall be issued to him for the quantity of one section, as above mentioned. July 2, 1836. No. 1538. AN ACT for the relief of Samuel Smith, Lynn MacGhee, and Semoice, VoL 6, p. 677. friendly Creek Indians. Authorized to Be it enacted, #c., That Samuel Smith, Lynn MacGhee, and Semoice, to enter a tract of friendly Creek Indians, who were entitled, under the treaty with the land- Creek nation of Indiana, ratified on the sixteenth of February, eighteen hundred and fifteen, to reservations of six hundred and forty acres of land each, including their improvements, which lands have been sold by the United States, be, and they are hereby, authorized to enter, without payment, with the register and receiver of the land office for the land district in which the same may lie, in Alabama, one entire section each of land subject to entry at private sale ; to be held by them on the same terms and conditions as the reservations given by said treaty, (a) (a) See Nos. 1544, 1599. July 2, 1836. No. 1539. AN ACT for the relief of Susan Marlow. Vol. 6, p. 678. g e fa enac t e d^ t y> c ^ That Susan Marlow, only surviving child of James Authorized to Marlow, a Creek Indian, who lost his life at the destruction of Fort enter a tract of Mirams, be, and she is hereby, authorized to enter with the proper land officers for the district, without payment, one entire section of any of the public lands of the United States within the State of Alabama, sub- ject to entry at private sale ; to be held by her upon the same terms and conditions as reservations allowed to the friendly Creek Indians by the treaty of Fort Jackson, (a) (a) See No. 1544. Voi6' a 680 N * J 54 '- AN ACT for the relief of William Pollard's heirs. Be it enacted, 3. ^nd be it further enacted, That a sum equivalent to five per per cent &c re* cent< of the nett . P roceeds of the lands within the State of Alabama, served in Ala- ceded by the Chickasaws by the treaty aforesaid, which have been or bama. may hereafter be sold by Congress, shall be, and is hereby, reserved, out of any moneys in the Treasury not otherwise appropriated, to be applied in the same manner, and for the same uses and purposes, as is designated by the sixth section of the act of Congress of the second of March, eighteen hundred and nineteen. (a) ALABAMA. 631 SEC. 4. And le it further enacted, That there shall be reserved from Certain lands sale in the State of Alabama, a quantity of land equal to one thirty- staf e of ifab* h sixth part of the lands ceded by the Chickasaws as aforesaid, within f or t ^ e uge^f said State of Alabama, which land shall be selected under the direction schoole. of the Secretary of the Treasury, in sections, or half -sections, or quarter- sections, out of any public lands remaining unsold, that shall have been offered at public sale within any land district in said State of Alabama, contiguous to said lands within said State, so ceded by the Chickasaws, as aforesaid ; which lands, when so selected, as aforesaid, the same shall vest in the State of Alabama, for the use of schools within said terri- tory, in said State, so ceded, as aforesaid, by the Chickasaws; and said lands thus selected, shall be holden by the same tenure, and upon the same terms and conditions, in all respects, as the said State now holds the lands heretofore reserved for the use of schools in said State* () (a) See Nos. 1015, 1314, 1452, 1459. 1494, 1573, 1581, 1607. (6) See Nos. 14.%, 1452, 1477, 1586, 1589, 1590, 1592, 1600, 1603, 1604. No. 1542. AN ACT to authorize certain railroad companies to construct railroads Jan. 31, 1837. through the public lands in the Territory of Florida. Vol. 5, p. 144. [Pensacola and Perdido Railroad Company may construct road from Pensacola to Mobile Bay or River. See FLORIDA, No. 1658.] No. 1543. AN ACT to provide for the adjustment of title and final disposition of March 2, 1837. the four reserved sections in the tract of country allotted to the Tombecbee Asso- Vol. 5, p. 154. ciation for the encouragement of the cultivation of the vine and olive. . Be it enacted, $c., That all persons who became entitled, under the Persons enti contract entered into on the eighth day of January eighteen hundred tied to allotments and nineteen, by the Secretary of the Treasury, on the part of the P nd | r contract United States, and Charles Villar, agent of the Tombecbee Association, ^ J "a s 5r y in pursuance of "An act to set apart and dispose of certain public lands with Chas. Vil- forthe encouragement of the cultivation of the vine and olive," ap- lar, shall receive proved third of March, eighteen hundred and seventeen, to an allot- P a . tents n ^cer- ment or share of the four sections of land reserved for the small allot- ments, and designated as sections, seven, eighteen, nineteen, and thirty in township eighteen, range three east, their heirs, devisees, or assigns, who shall have complied with the conditions of settlement and culti- vation on such allotment, as required by said contract, or shall have been in the actual settlement and cultivation of his or her allotment within said four sections, or a part thereof, before or on the thirty-first day of October eighteen hundred and thirty-two, as provided by the act of the nineteenth day of February, eighteen hundred and thirty- three, shall, on producing to the register and receiver of the land dis- trict in which said lands are situated, satisfactory evidence of title to such allotment, and of settlement and cultivation on the same as afore- said, and paying one dollar and twenty-five cents per acre for the land, receive a patent for the same : Provided, Such proof shall be filed and Proviso, payment made within six months from the passage of this act: And Further pro- provided further, That the expense of surveying any such allotment viso. shall be defrayed by the person or persons claiming the same. SEC. 2. And le it further enacted, That any remainder of said four. Remainder sub- sections not disposed of by the first section of this act shall be subject {f s c e O fi)em6poli8 to entry at one dollar and twenty-five cents per acre, by the trustees of Female Acade- the Demopolis Female Academy, in trust for the use and benefit of said my. institution, (a) (a) See Nos. 1444, 1458, 1497, 1521. No. J 544. AN ACT to amend an act approved the second of July, eighteen hun- March 2, 1837. dred and thirty-six, for the relief of Samuel Smith, Linn McGrhee, and Semoice, Vol. 6, p. 689. Creek Indians ; and, also, an act passed the second July, eighteen hundred and thirty-six, tor the relief of Susan Marlow. Be it enacted, $-c., That so much of the acts for the relief of Samuel So much of acts Smith, Linn McGhee, Semoice, and Susan Marlow, as restrict them togjjjglj'jj the en try of one entire section of land, be, and the same is hereby re- pea i ef i. pealed ; and the said Samuel Smith, Linn McGhee, Semoice, and Susan Authorized to Marlow, are hereby authorized to enter, without payment, and by legal enter, &c. subdivisions, a quantity of land not exceeding six hundred and forty acres each, which is subject to entry at private sale, (a) (a) See Nos. 1538, 1539, 1599. 632 ALABAMA. March 3, 1837. No. 1545. AX ACT to authorize and sanction the sales of reserves, provided for Vol. 5, p. 186. Creek Indians in the treaty of March twenty-four, eighteen hundred and thirty- two, in certain cases, and for other purposes. which B e a enacted, $c., That the President of the United States may, and sold 1 01 Tpril 4th be is bereb y authorized to, cause all the reserves belonging to the Creek next, to be sold Indians by virtue of the provisions of the treaty of March twenty- at pi.blic auc- fourth, eighteen hundred and thirty-two, which shall remain unsold on tion, &c. the fourth day of April next, to be sold at public auction in the Creek country ; after giving at least sixty days notice of the time, place and terms of sale in the public prints, and to cause patents to be issued to the purchasers of said reserves, (a) Confirmation SEC. 2. And be it further enacted, That the President of the United of sales t y the States may, arid he is hereby authorized to, confirm the sales by the CreelT' IL iians w ^ ow ' * ne widow and children, the children, or the lawful administra- who have 01 may tor of Creek Indians who have died, or who may die, prior to the fourth die before *. pril day of April next, without having legally disposed of said reserves, and 4th next, &c. to receive the purchase money, or such portions of it as may not have been paid to the persons entitled to it, and to cause patents to be issued Proviso. therefor to the purchasers ; " Provided, That sales made by lawful ad- ministrators shall be entitled to a preference over sales made by widows and children." Paym'ent ot SEC. 3. And be it further enacted, That the President may, and he is money which hereby authorized to, pay the persons entitled thereto, the money which from purchasers may b ? received from the purchasers of reserves under the authority under authority given in the two preceding sections, at such times and in such amounts gven in preced- as he shall deem best for the parties concerned ; or, if he think proper, g sections, &c. to invest the whole or any part of said purchase money in stocks, and pay the interest to the persons entitled, in such amounts, and in such Proviso. manner, as, in his opinion, will be most advantageous for them : Pro- vided, That he may cause the principal of the sum or sums so invested to be paid to the persons entitled thereto, whenever he may think Further pro -proper: And provided, further, That the provisions of this act shall be viso. executed under such regulations and restrictions as the President may prescribe. The President SEC. 4. And be it further enacted, That it may be lawful for the Presi- may c?use one dent of the United States to cause the sum of one dollar and twenty- ter eJ'acre^be five cents P er acre to be paid to the Creek Indians, whose names were paid to certain omitted to be entered on the census-roll taken under the treaty of Cre( k Indians, eighteen hundred and thirty-two, and to those whose names appear on said roll, but for whom no locations have been made, who shall appear, from proper evidence, to be justly entitled to reservations under the pro- Proviso, visions of said treaty; Provided, That the sums thus payable under this section may be invested in stocks upon the same terms and conditions, and under the same regulations and restrictions as are herein before pre- scribed in respect to moneys payable under the first and second sections Further pro- of this act ; Provided, further, That no transfer by the person entitled viso. under this section shall be valid. ( b) Money appro- SEC. 5. And be it further enacted, That, for the purpose of carrying into priated to carry effect the provisions of the three first sections of this act, the sum of this act into el- ten thousand dollars be and the same is hereby appropriated, together with such sum as may be necessary to carry into effect the fourth sec- tion thereof. (a) See Nos. 433, 730, 1266, 1279, 1281, 1293, 1301, 1323, 1422, 1428, 1429, 1436, 1441, 1448, 1450, 1470, 1516, 1598, 1602, 1609, 1618. (&) See Xos. 1445, 1451, 1557. March 3, 1837. No. 1 546. AN ACT for the relief of John Jeffers. Vol. 6, p. 690. Be it enacte $ t g, Cmt T h at John j e ff er8 be, and he is hereby, authorized May surrender to surrender the certificate which heretofore issued from the land office land certificate, a t Huntsville, Alabama, to John Sharp, and which was assigned to said otherTherefor^ J e ff er8 b y Dixon Stanbach, as administrator of Stephen Heard, for the northwest quarter of section twenty-eight, township six, range two, west of the basis meridian of said land district ; and upon such sur- render of said certificate, and filing his reliuquishmeut in said land office, the said John Jeffers shall be entitled to a certificate from the register and receiver of said land office for the amount which has been paid on said lands, which shall be received in said office in payment for any lands subject to entry in that land district. ALABAMA. G33 No. 1547. AN ACT for the relief of Isaac Wellborn, junior, and William Well- born. April 6, 1838. Vol. 6, p. 710. Be it enacted, #c., That there shall be, and is hereby, relinquished to Bi ht &c of Isaac Wellborn, jr., and William Wellborn, their heirs and assigns, all United States to the right, title, and interest which may have accrued or reverted, or a certain reserva- might hereafter accrue or revert, to the United States, to a certain Jjon of land re. reservation of six hundred and forty acres of land, made to a certain Thomas Harrison, the head of an Indian family of the Cherokee tribe, under treaties made between eaid tribe and the Government of the United States, on the eighth of July, eighteen hundred and seventeen, and the twenty-seventh of February, eighteen hundred and nineteen, which tract of land is situated in Jackson County, Alabama, and bound- ed as follows : Beginning at two post oaks and a red- oak ; thence west three hundred and twenty poles to a stake near the top of a steep rocky mountain ; thence south three hundred and twenty poles to a white- twenty poles to the beginning: Provided, That nothing herein con- Proviso, tained shall be construed to impair or lessen the right or title of any individual claiming under the said Thomas Harrison, and who may not have fairly or legally transferred his or her interest in the said tract of land. No. 1548. AN ACT for the relief of Jehu Hollinsworth. June 28, 1838. Be it enacted, fo., That Jehu Hollinsworth, of Blount County, Ala- YoL 6 P- 721 - bama, be, and he hereby is, authorized to surrender the certificate of May surrender purchase or patent which heretofore issued to him from the land office land certificate, at Huntsville, in said State, for the southwest quarter of the northwest an ^ receive an- quarter of section number two, of township eleven, in range three east, othei which was entered by said Hollinsworth by mistake ; and upon such surrender of said certificate, or relinquishment filed, of said patent, if one has issued, with the register of said land office, the said Jehu Hol- linsworth shall be entitled to a certificate from the said register for the amount paid for said land entered by mistake; which certificate shall be receivable in payment at said office for any other land in that dis- trict subject to entry: Provided, That said tract of land so entered Proviso, shall not have been sold and transferred, or shall not be subject to be disposed of by execution for the payment of the debts of the said Hol- linsworth. No. 1549. AN ACT for the relief of William James Aarons. June 28, 1838. Be it enacted, #c., That William James Aarons, of Blount County, Yo1 - 6 . P- 72L Alabama, be, and he hereby is, authorized to surrender the certificates ^ay surrender which heretofore issued to him from the land office at Huntsville, in land certificate, said State, for the southwest quarter of the northeast quarter, and the and receive an- southeast quarter of the northwest quarter of section thirty-two, in other tl] township ten, range four east of the basis meridian of said land district, which were purchased by him through mistake; and upon such surrender of said certificates, or, if patents shall have issued for said tracts of land, then upon the surrender of such patents, and filing his relinquishment thereof before the register of said land office, the said William James Aarons shall be entitled to a certificate from said register for the amount paid for said tracts of land so entered by mis- take, which shall be received in payment for any other land in said district subject to private entry; Provided, That said tract of land so proviso entered shall not have been sold and transferred, or shall not be sub- ject to be disposed of by execution for the payment of the debts of the said Aarons. No. 1 5 50. AN ACT for the relief of William Walker. June 28, 1838. Be it enacted, p ' 822 ' land office for the district of St. Stephen's, in the State of Alabama, as Decision of the contained in their report bearing date the third day of May, one thou- register, &c., sand eight hundred and thirty-two, confirming a claim of the heirs of ^ claim? conJ Miguel Eslava, deceased, (being claim number three in report number firmed, two,) and made in pursuance of the act of Congress, approved the sec- ond day of March, one thousand eight hundred and twenty-nine, enti- tled "An act confirming the reports of the register and receiver for the district of St. Stephen's, in the State of Alabama, and for other pur- poses," be, and the same is hereby, confirmed: Provided, That the con- Proviso, firmation provided to be made by this act shall amount only to a re- linquishment, for ever, on the part of the United States, of all right and title whatever to the land so confirmed or granted : Provided, also, That p rov i 80 . the survey and location hereafter to be made of said claims, which are hereby confirmed, shall be made in conformity with the original Span- ish title-papers, unless the surveys of said claims be found variant from the grants, according to the usages of the Spanish Government ; in which case, the grants are to govern. SEC. 2. And be it further enacted, That after the proper location of the After the loca- claims hereby confirmed, it shall be the duty of the Commissioner of tion, patents the General Land Office to issue patents for the same, containing a res- 8na11 issue, &o. ervation of the rights of all third persons : Provided, That the said pat- proviso, ents shall be construed to convey to the claimants all such legal and equitable rights only, as may exist under the laws of nations, or under the constitution and laws of the United States, or treaties applicable to the said grants, under and by virtue of the said Spanish grants. And it shall be also the duty of the Commissioner of the General Laud Office, forthwith to issue patents to Jonathan Hunt and Audley H. Gazzam, Patents to be for all such portion of said lands, for which they now hold receipts issued to J. Hunt issued by the receiver of the land office at St. Stephen's, in the State of and A - H - Gaz ' Alabama ; which patents shall contain an exception and reservation of za all the rights of the said Spanish grantees, their heirs or assigns, under the titles claimed by them under the Spanish Government : Provided, Proviso. That the patents issued to the said Hunt and Gazzam shall be construed to convey to them all such rights only, as are not inconsistent with the legal or equitable rights of the said Spanish grantees, their heirs or as- signs, under the laws of nations, or under the constitution and laws of the United States, or treaties applicable to said grants, under and by virtue of the Spanish grants hereby confirmed. No. 1573. AN ACT to appropriate the proceeds of the sales of public lands, and Sept. 4, 1841. to grant pre-emption rights. Vol. 5, p. 453. SEC. 17. And be it further enacted, That the two per cent, of the nett The two per proceeds of the lands sold by the United States, in the State of Alabama, ?J i o * e ^J n since the first day of September, eighteen hundred and nineteen, and da so m j n Ala- reserved by the act entitled "An act to enable the people of the Ala- bama, &c., relin- bama Territory to form a constitution and State government, and for quished to State. 640 ALABAMA. the admission of such State into the Union on an equal footing with the original States," for the making of a road or roads leading to the said State, be, and the same is hereby, relinquished to the said State of Alabama, payable in two equal instalments, the fiist to be paid on the first day of May, eighteen hundred and forty-two, and the other on the first day of May, eighteen hundred and forty- three, so far as the same may then have accrued, and quarterly, as the same may thereafter ac- Proviso. crne . p rov ided j That the legislature of said State shall first pass an act, declaring their acceptance of said relinquishment, and also embracing a provision, to be unalterable without the consent of Congress, that the whole of said two per cent, fund shall be faithfully applied, under the direction of the legislature of Alabama, to the connection, by some means of internal improvement, of the navigable waters of the bay of Mobile with the Tennessee River, and to the construction of a contin- uous line of internal improvements from a point on the Chattahoochie River, opposite West Point, in Georgia, across the State of Alabama, in, a direction to Jackson in the State of Mississippi, (a) (a) See Xos. 1015, 1314, 1452, 1459, 1494, 1541, 1531, 1607. March 4, 1842. No. 1574. AN ACT to provide for the early disposition of the lands lying in the Vol. 5, p. 470. State of Alabama, acquired from the Cherokee Indians by the treaty of twenty- ninth of December, eighteen hundred and thirty-five. Said lands to & e '* enacted, $c., That all that part of the territory acquired from the be added to the Cherokee Indians by the treaty of New Echota of twenty-ninth Decem- Huntaville andfoer, eighteen hundred and thirty-five, within the State of Alabama, ct8 ' . which lies west of the line dividing ranges two and three east of the basis meridian of Huntsville, shall be added to and form a part of said district ; and all the territory acquired by the said treaty within the said State not attached to the Huntsville district, as above described, shall be annexed to and form a part of the Coosa land district, in said State. Land office for SEC. 2. And be it further enacted, That the land office for the Coosa the Coosa district land district, at present located at Mardisville, shall be removed to Leb- to be removed. anon in the coun ty o f De Kalb. (a) (a) See Nos. 718, 1266, 1279, 1422, 1428, 1430, 1450, 1456, 1499, 1511, 1523, 1568. June 22, 1842. No. 1575.-AN ACT for the relief of George MX. 7oL 6, p. 832. Be u enacted ^ ^ That U p 0n the 8lirr ender to the Secretary of the Upon the sur- Treasury to be cancelled, by George Nix, or his legal representatives, render of his pat- of his patent for the southwest quarter of section number nineteen, tract^f* landto * ownsn ^P num b er twenty-two, range number eleven, in the district of receive another, lands subject to sale at Cahawba, in the State of Alabama, a patent &c. ' shall issue to the said George Nix, or his legal representatives, for the southwest quarter of section number twenty-two, township number nineteen, range number eleven, in the district and State aforesaid : Pro- Proviso, vided, That said last- mentioned tract of land shall not, previous to such Proviso surrender, have been sold by the United States: And provided, also, That said tract of land, so authorized to be surrendered, shall not have been sold by the said George Nix, or his legal representatives, previous to such surrender. July 9, 1842. No. 1 576.- AN ACT for the relief of the legal representatives of Josiah Blakely, Vol. 6, p. 836. deceased Land patent to Be it enacted. <$-c., That the Commissioner of the General Land Office be issued. be, and he is hereby, required to issue a patent to the legal representa- tives, and those claiming under them, of Josiah Blakely, deceased, for twelve hundred and eighty acres of land on Blakely '& Island, as sur- veyed by John James, deputy surveyor, and in accordance with certifi- cate number sixty-four, of the register and receiver of St. Stephen's, Alabama, dated the twenty-fifth of July, one thousand eight hundred and thirty-six. July 27, 1842. No. 1577. AN ACT to relinquish to William Waller the interest of the United VoL 6, p. 843. States in a certain tract of land therein named. Interest of the Be it enacted, c., That all the interest which the United States now United States in has, or may hereafter have, in and to a certain tract of land, known as certain lands re- fractional section seventeen, township five, and range four east, lying to on the left bank of the Alabama River, containing five hundred and fifty acres, more or less, and a small part of said fractional section, lying on ALABAMA. 641 the right bank of said river, containing, as supposed, two acres, more or less, be, and the same is hereby, relinquished, and vested in William Waller and his heirs ; the said William Waller having paid for said land the sum of fifteen hundred dollars ; and Arthur Sizemore, who was au- thorized by an act of Congress, approved the twenty-ninth day of May. eighteen hundred and thirty, to sell said land, provided " he removed with his family west of the Mississippi," having been prevented by death from complying with said act of Congress, (a) (a) See No. 1492. No. 1578. AN ACT for the relief of John Pratt, or his legal representative. Aug. 26, 1842. Be it enacted, #c., That John Pratt, or his legal representative, is hereby Yol - 6 .P-865. authorized to enter, under his pre-emption claim, at the minimum price Authorized to of the public lands, that portion of fractional section number twenty- enter certain two, in township number four, range number one west, in the land dis- lan d- trict of St. Stephens, Alabama, not embraced in the patents heretofore issued to James Etheridge and William D. Stone : Provided, The same Proviso, shall not exceed one hundred and sixty acres : And provided also, That Proviso, it shall be the duty of the surveyor of public lands in the State of Ala- bama to make any survey necessary to complete said entry. No. 1579. AN ACT for the relief of the legal heirs and representatives of Hugo Aug. 29, 1842. Krebs, deceased. VoL 6, p. 872. Be it enacted, #c., That the report (number eight) of the register and claim to a lot receiver of the land office at St. Stephens, in the State of Alabama, of in Mobile con- date twenty-first January, eighteen hundred and thirty-nine, on the fi rme d. claim of Mary J. Krebs, Etienne Krebs, Genevieve Krebs, and Placide Krebs (in right of inheritance to Hugo Krebs,) to a lot of land in the town of Mobile, on Koyal Street, of ten toises front, with a depth of sixty feet, extending to the river, reported on pursuant to the act of second March, eighteen hundred and twenty-nine, be, and the same is hereby, confirmed : Provided, Such confirmation shall only operate as a Proviso, release of all right on the part of the United States. No. 1580. AN ACT for the relief of Elisha Moreland, William M. Kennedy, Eobert Jan. 20, 1843. J. Kennedy, and Mason E. Lewis. Vol. 6, p. 879. Be it enacted, $*c., That Elisha Moreland, William M. Kennedy, Robert Authorized to J. Kennedy, and Mason E. Lewis, who were deprived of their respective enter land, in lieu rights of pre-emption to their improvements in Madison County, Ala- of . &c - bama, to which they were entitled under tbe act of Congress of twenty- ninth May, one thousand eight hundred and thirty, by the location of a reservation for a Cherokee Indian named Challenge, under the treaty of one thousand eight hundred and nineteen, and the confirmation thereof by an act of Congress passed for his relief, be, and they hereby are, authorized to enter, each, one quarter-section of any unappropriated public land, not improved or settled upon by any other person, within the Huntsville land district, in that State, or any adjoining district, by paying therefor the then minimum price per acre. SEC. 2. And be it further enacted, That it shall be the duty of the reg- proof required ister and receiver of the land office, when any application to enter land, that they were under the first section of this act, shall be made, before permitting such e ?t** le j ***** entry, to require satisfactory proof to be made that such applicant was jjfn. entitled to a pre-emption under the act of the twenty-ninth May, one thousand eight hundred and thirty : Provided, The same is made within Proviso, nine months from the passage of this act. (a) (a) See No. 1492. No. 1 581. AN ACT regulating the mode of paying over to the State of Alabama March 1 1843 the two per cent, fund relinquished to said State by the act approved on the fourth y o i 5 p.'goe. day of September, one thousand eight hundred and forty -one. ' Be it enacted, #c. y That the registers and receivers of public moneys at Bills o f th e the different land offices in the State of Alabama be, and they are here- Bank of Alabama by, authorized and required, under such regulations as the Secretary of f^Is^to the the Treasury may prescribe, to take and receive from the actual settlers on amount' o f t h e the public lands in said State, in payment for their houses and improve- two per cent, ments, entered by virtue of any of the pre-emption laws now in force, fund unpaid. 41 L O VOL II (J42 ALABAMA. the bills of the Bank of the State of Alabama, or any of the branches thereof to an amount equal to the amount of the two per cent, fund relinquished to this State by the Congress of the United States, remain- Quantity of j nff nn p a i a . Provided. That no settler shall be allowed to enter more landtobeentered th | n Q e quart er-section of land with the bills of said bank, or either Alabama to re- of them : And provided further, That the State of Alabama shall receive ceive said bills in from the Government of the United States, in payment of said two per payment of the cent fond t h e bills of the Bank of the State of Alabama, and the sev- two p ere n t . eral branches thereof, taken and received by the registers and receivers, as aforesaid, from the settlers aforesaid, in payment for their pre-emp- Terms of the tion claims: And provided further, That nothing in this act shall be so relinquishm e n t construed as to change the terms, conditions, and limitations, annexed iffected by ^ ^ re ij n q n i 8 h men t of said fund to the said State, by the act afore- said; but such terms, conditions, and limitations, shall apply and be in fall force in reference to said fund, notwithstanding its payment in the mode provided by this act. (a) (a) See Nos. 1015, 1314, 1452, 1459, 1494, 1541, 1573, 1607. March 1, 1843. No. 1582. AX ACT for the relief of the heirs of Madam De Lusser, and their VoL 6, p. 887. legal representatives. Certain lands Se lt enacted, $c., That the lands described in the special report of the confirmed to register and receiver of the land office for the district of St. Stephens, them. in the State of Alabama, bearing date of the third July, eighteen hun- dred and thirty-four, be, and the same are hereby, confirmed, to the heirs of Madam De Lusser, to whom they were originally granted by the French Government, in seventeen hundred and sixty-three, and to Proviso. their legal assignees, or their heirs : Provided, however, That this act shall be construed as to operate as a relinquishment of the title of the United States only. Jnne 12, 1844. No. 13S3. AX ACT for the relief of Joseph Bryan, Harrison Toting and Ben- Vol. 6, p. 9 1 3. j amin Youn g. Land claim Le it enacted, #c., That the> claim and title of Joseph Bryan, Harrison confirmed. Young, and Benjamin Young, to the north half of section nineteen, in township twenty-one, in range twenty-four, in the Tallapoosa land dis- trict, in the State of Alabama, purchased by them jointly of Benjamin Chambers, the head of a Creek Indian family, who was entitled to the same under the provisions of the treaty between the United States and the Creek tribe of Indians, concluded on the twenty-fourth of March, one thousand eight hundred and thirty-two, be, and the same is hereby confirmed. June 17, 1844. No. 1584. AN ACT for the relief of the legal representatives of John Baker, VoL 6, p. 927. deceased. Land entry ^ e ^ nac ted, fyc., That an entry of five hundred and seven acres of confirmed. laud, made at the land office at St. Stephens, in the State of Alabama, by the legal representatives of John Baker, on the ninth of July, one thousand eight hundred and thirty-nine, be, and the same is hereby, confirmed; and the said legal representatives shall be entitled to a patent therefor, as in other cases. June 17, 1844. No. 1585. T AN ACT to provide for the adjustment of land claims within the States VoL 5, p. 676. of Missouri, Arkansas, and Louisiana, and in those parts of the States of Mississppi - and Alabama south of the thirty -first degree of north latitude, and between the Mississippi and Perdido rivers. [See MISSOURI, No. 1067.] Feb. 26, 1845. No. 1586. AN ACT to amend an act entitled "An act to carry into effect, in the VoL 5, p, 727. btates of Alabama and Mississippi, the existing compacts with those States with regard to the five per cent, fund and the school reservations. ' ' of ThP\r f t Se .- Beit enacted, fc., That so much of the fourth section of the act en- requires the Se?- t ! tl ? d . An _ act to carr y into eff ect, in the States of Alabama and Mis- retary of Treas- sissippi, the existing compacts with those States with regard to the irv to select nve per cent, fund and the school reservations," as purports to require Jo? school^ in" ? - afc a ( l uantit y of land > e 1 Hal to the one thirty-sixth part of the lands the Chickasaw yin & witnin tae State of Alabama, which were disposed of, or directed purchase, re- to be disposed of, in and by the treaty between the United States and the Chickasaw Indians, made and concluded at the city of Washing- ALABAMA. 643 ton, on the twenty-fourth day of May, one thousand eight hundred and thirty-four, shall be selected, under the direction of the Secretary of the Treasury, within any land district in said State of Alabama, con- tiguous to said lands within said State so disposed of, &c., by the said Chickasaws, as aforesaid, be, and the same is hereby, repealed : Pro- Proviso. vided, That nothing herein contained shall be so construed as in any wise to affect the validity and binding force of any such selections as may heretofore have been made, in virtue of said, fourth section, and sanctioned and accepted by the inhabitants of those surveyed town- ships, respectively, for whom they may have been made, as an equiva- lent and substitute for section number sixteen, within such surveyed township. SEC. 2. And be it further enacted, That said lands, equal in quantity Governor of to one thirty-sixth part of the lands so, in virtue of said treaty, dis- A 1{ * bama author- posed of, &c., within said State of Alabama, (deducting therefrom such }|e lands wfthS quantity, if any, as may have been selected, as aforesaid, under the au- two years, thority of said fourth section, and accepted as aforesaid, in lieu of said section number sixteen, by the inhabitants of the proper surveyed town- ship,) may be selected, under the direction of the governor of Alabama, at any time within two years from the passing of this act, in sections, half- sections, quarter- sections, or previously defined fractions, out of any of the 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 any wise encumbered by any prior claim, lien, or reservation, as the what is requi- governor of the said State of Alabama may direct. Bat the same se- site to perfect lections, respectively, shall not be holden to have been perfected, until the selections, the same, as from time to time they shall have been made, shall have been reported to the Commissioner of the General Land Office, together with proofs, taken in such manner as the legislature of the State of Alabama shall prescribe, of the assent of the inhabitants of the sur- veyed townships, respectively, for whose benefit the same may have been selected ; and that the said inhabitants consent to and accept the same, in lieu of, and as a full equivalent for, the school section which, by the sixth section of the act entitled "An act to enable the people of the Alabama Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing wiih the original States," was guarantied to them. SEC. 3. And be it further enacted, That when the land shall have been Land to vest in so as aforesaid selected and reported and, as aforesaid, so accepted by Alabama, sub- said inhabitants of said surveyed township, respectively, the same shall J e ct to the uses, vest in the State of Alabama, subject to the same disposition and uses, o n ' s and shall be holden subject to the same conditions and terms, in all re- spects whatsoever, as, by the said sixth section of the act herein above referred to, were prescribed or intended in relation to sections number Governor of sixteen, within said State of Alabama. And it shall be competent for Alabama to noti- the said governor of Alabama, as from time to time such selections may the Land cfffice of be made, and before they are perfected as aforesaid, to give notice hi a selections, thereof to the register of the proper land office of the land district in which such selection may be made, in such form as the Commissioner of the General Land Office shall prescribe ; and, thereupon, the land so selected shall, during such convenient time as such Commissioner of the General Land Office may prescribe, be considered, for the time be- ing, as withdrawn from sale, and not subject to entry, (a) (a) See ISTos. 1450, 1452, 1477, 1541, 1589, 1590, 1592. 1600, 1603, 1604. No. 158r . AN ACT for the relief of Wiley B. Parnell, of Blount County, Alabama, Aug. 8, 1846. and James A. Whiteside, of Illinois. Vol. 9, p. 662. Be it enacted, $c., That Wiley B. Parnell, of Blount County, Alabama, Wiley B. Par- be, and he is hereby, authorized to surrender the certificate that issued nell authorized to to him from the Huntsville land office, in said State, for the northeast surrender the quarter of the southwest quarter of section number thirty-two, township Sse n t ere d number twelve, range number two west, in said land district, entered under a mistake, by the said Parnell on the fourth day of December, eighteen hundred and to enter oth- and forty-four, under a mistake ; and, upon the surrender of said cer- thereof m titicate, or the patent for said tract of land, if it has issued, under such rules and regulations as the Commissioner of the General Land Office may prescribe, the said Wiley B. Parnell is hereby authorized to enter,, in lieu thereof, the southwest quarter of the northeast quarter of said section, township, and range, it being the tract the said Wiley B. Par- 644 ALABAMA. Application to nell intended to enter : Provided, That application is made by the said be made within \\riley B. Parnell, under the provisions of this act, within six months 81 ^ OD entrV not a f ter the passage of the same : And provided further, That the entry to interfere with shall not he made to the prejudice of the rights of any other person or rights of others, persons. Wo. 1588. AN ACT declaring the assent of Congress to certain States to impose \ ^ *' a tax upon all lands hereafter fold by the United States therein, from and after the Vol. 9. p. 118. day o ^uch sale. [States admitted into the Union prior to April 24, 1820, may tax pub- lic lands after the day of sale. See OHIO, No. 169.] March 3. 1847 No. 1589. AN ACT to amend an act entitled " An act to amend 'An act to carry into effect in the States of Alabama and Mississippi the existing compacts with ' r ' those States with regard to the five per cent, fund and the school reservations.' " Provisions of Be it enacted, #c., That the provisions of "An act to amend an act en- the act of Febru- titled 'An act to carry into effect in the States of Alabama and Missis- Sded 8o 4 as e to si PP i tne existm compacts with those States with regard to the five per enable the state cent, fund and the school reservations,'" approved February twenty- of Alabama to six, eighteen hundred and forty-five, be, and the same are hereby, ex- locate a certain tended so as to enable the State of Alabama to locate a quantity of ia - land in any of the States or Territories equal to the quantity now due to the inhabitants of the township within the Chickasa w cession within Proviso. said State : Provided, That they shall be made subject to the restriction a and limitations of the act the title of which has been cited, as far as the same may be applicable, (a) (a) See Nos. 1450, 1452, 1477, 1541, 1586, 1590, 1592, 1600, 1603, 1604. Aug. 11, 1843. No 1590. AN ACT to authorize the State of Alabama to apply certain lands here- Vof 9, p. 281 tofore granted to that State for internal improvements, for the use of schools in 11 the valueless sixteenth sections in said State. granted"^ State Be {t enacted, #c., That the lands granted to the State of Alabama of Alabama for for purposes of internal improvement, by the eighth section of the act internal improve- entitled u An act to appropriate the proceeds of the sales of the public applied "by 7 said 1 * nd8 ' andto 8 rant preemption rights," approved September fourth, State for the use ei S h ceen hundred and forty-one, may be, and the same are hereby, of schools. placed at the disposal of the legislature of said State, at such price as said legislature may direct, to be applied for the use of schools in such townships of said State as in which the sixteenth or school sections are comparatively valueless, and the legislature may locate said lands in any legal subdivisions, not less than forty acres, within the limits of said State, (a) (a) See Nos. 1450, 1452, 1477, 1541, 1586, 1589, 1592, 1600, 1603, 1604. Feb. 19, 1849. No ' 1591. AN ACT to relinquish the reversionary interest of the United States YoL 9, p. 346. m a certain Indian reservation in the State of Alabama. Reversionary Be {t on e thousand eight hundred and twenty, being known and de- and James Dan- scribed as fractional section sixteen, and the southeast and southwest quarters of section nine, in township six, and range five, under a treaty made and concluded at Fort Jackson, on the ninth day of August, one thousand eight hundred and fourteen, and lying in the State of Alabama, be, and the same are hereby, relinquished and vested in Stephen Steele and James Daniel, respectively, according to the extent of their several Proviso. interests therein : Provided, however, (and this relinquishment is made upon the condition,) That the said Steele and Daniel, or either of them, have fairly, and in good faith, and for a valuable and adequate consid- eration, purchased of the said heirs, by authentic and valid deeds, their ALABAMA. 645 respective rights in and to the said reservations : And provided, further, That no sale or conveyance of said reservation, or any part thereof, by the said reservees, or either of them, shall be deemed regular or valid, nor shall this act have effect, until the President of the United States, or some officer to be by him designated, shall have approved such con- veyance, and endorsed his approval thereon. No. 1 592. A^T ACT to extend the provisions of an act approved the third of March, Feb. 26, 1849. eighteen hundred and forty-seven, for carrying into effect the existing compacts VoL 9, p. 348. with the States of Alabama and Mississippi, with regard to the five per cent, fund and school reservations. Be it enacted, $c., That the provisions of "An act to amend an act en- Three years al- titled 'An act to carry into effect, in the States of Alabama and Missis- Allbamatomake sippi, the existing compacts with those States with regard to the five selection of lands per cent, fund and the school reservations/ approved March third, authorized by eighteen hundred and forty- seven," be, and the same are hereby ex- previous acts, tended, so as to enable the State of Alabama to have three years from the passage of this act in which to make the selections of land authorized by the preceding acts to which this is an amendment, (a) (a) See Nos. 1450, 1452, 1477, 1541, 1586, 1589, 1590, 1600, 1603, 1604. No. 1593.-AN ACT for the relief of the citizens of Cedar Bluff, in the State of March 2, 1849. Alabama, and for other purposes. VoL 9, p. 770. Be it enacted, $-c., That the commissioner of the county of Cherokee, in Commissioners the State of Alabama, be, and they are hereby, authorized to enter the of Cherokee tract of land lying on the Coosa River, whereon the town of Cedar Bluff County, Alaba- ( formerly called Jefferson) is situated, in said county, containing one*'^ orizedt $ hundred and fifty acres, according to the survey of S. R. Russell, on the land on which payment by the commissioners of said county of the minimum price, as the town of Ce- in other cases : Provided, That said commissioners shall sell in lots, on dar Bluff is situ- reasonable notice, (not less than sixty days,) to the highest bidder, all at pr viso- how that portion of said tract of land not hereinafter referred to and em- said land shall be braced, make titles to the purchasers, and apply the proceeds of said sold and proceeds sale for the common benefit of said county of Cherokee. applied. SEC. 2. And be it further enacted, That neither the entry nor the right Such entry not of entry of said tract of land, by said commissioners, shall interfere Jj aTstuAthe til with or disturb the titles of purchasers to the lots heretofore sold in ties of certain said town by the county commissioners of said county of Cherokee, who purchasers to have paid, or may, within twelve months, complete payment of, accord- * ;* s heretofore ing to the terms of sale, the sum of the first instalment on the amount 80 for which said lots were purchased ; but in all such cases, without fur- ther action of any kind, the right and title of the purchasers to the lots thus purchased and paid for, together with all the improvements there- on, are hereby fully confirmed to and vested in said purchasers, their heirs at law, and bona-fide vendees and assignees. And the said com- Said commis- missioners are hereby authorized and required (should they enter said sioners to make tract of land on the terms above named) to make titles to said lots to Jities to said lots the owners thereof, according to the description by which the same were known and distinguished in the plan of the said town of Cedar Bluff. SEC. 3. And be it further enacted, That (should said commissioners enter Patent to issue, said tract of land on the terms above named) the President of the United States be, and he is hereby, authorized and required to issue, to said commissioners of said county of Cherokee, a patent for said tract of land, for the uses and purposes herein before mentioned. No. 1594. AN ACT to grant the right of way to the Mobile and Ohio Kailroad March 3, 1849. Company. Vol. 9, p. 772. Be it enacted, #c., That the right of way is hereby granted to the Mo- Eight of way bile and Ohio Railroad Company for the railroad contemplated by said through the company to be constructed from Mobile to its northern terminus on the land | of the Uni- Ohio or Mississippi rivers, at or near the mouth of of the Ohio, and the S[ to^B^ShSe said company is hereby authorized to locate said road through any an a O hio Kail- of the public lands of the United States which may lie on the route road Company, which may be selected for the location of said road ; and the said com- Eany is hereby authorized to survey and mark through the said public inds the track of said road one hundred feet in width, and, further- more, an additional quantity of twenty-five feet in width on each side (546 ALABAMA. of said road along the same, which land shall be reserved from sale, and the title whereof shall be vested in the State wherein snch land shall lie, for the use of said railroad company forever, and for no other use Said Company W SEC. 2. 'And le it further enacted, That the said Mobile and Ohio Rail- may take from roa d Company shall have the privilege, and the same is hereby granted the public lands to them to cut an( j U8e a n 8 nch timber, and to use all earth, stone, KaXJSr^BMid, gravel, mineral, and other materials on the public lands of the United States, which may be necessary for the construction or repair of said road, and to build bridges, or construct buildings, truss work, or other erections, such as the same may require, and use such water as may be wanted, and cross such streams as shall be necessary for the completion and use of said road: Provided, That the said railroad Proviso as to company, when the said railroad shall be completed, shall carry the transportation of mails of the United States on such terms as the Postmaster-General United Stetes^ 6 8na1 . 1 te abie to contract > for similar services, with other railroad com- panies, (a) (a) See Nos. 432, 1414, 1532, 1542, 1597, 1608, 1609, 1610, 1613, 1614, 1616, 1617, 1619, 1620, 1621, 1623. May 23, 1850. No. 1595. AX ACT giving the assent of Congress to the leasing of a portion of the Vol. 9, p. 797. margin of the Black Warrior River for the purposes therein mentioned. Margin of Black Be it enacted, $c., That the consent of Congress be, and it is hereby, Warrior River given to the corporation of the city of Tuscaloosa to lease to the Tusca- to be used for looga pi an k R oa( i Company so much of the margin of the Black War- M ' rior River at the termination of said road as may be necessary for a warehouse and landing on said river, any thing contained in the act of Congress of the twenty-sixth May, eighteen hundred Lnd twenty-four, "granting to the corporation of Tuscaloosa certain lots and privileges over the reservations and commons in said town," to the contrary not- withstanding. June 17, 1850. No. 1596.- AN ACT for the relief of James T. Shackelford. VoL9, P .798. . ^. Ci>That j am e8 T. Shackelford, of the State of Ala- Title confirmed bama, be, and he is hereby, confirmed in the following-described tract tra t*of j 8pe f ifie j[ of land, to wit: the southeast quarter of section number sixteen, in patent tote i* township numbered seventeen, in range numbered one west, in the dis- sued therefor to trict of lands subject to entry at the land office at Deinopolis, in the J. T. Shackle- said State of Alabama, and that the Commissioner of the General Land Office, upon the passage of this act, shall issue a patent for the same : Proviso. Provided, That said commissioner shall be first satisfied that the said James T. Shackleford has purchased the interest in the said tract of Further pro- land of the person who originally entered the same: And provided, fur- vi80 - ther, That the said patent shall operate only as a relinquishment on the part of the United States of all right and title to the said land. Sept 20, 1850. No. 1597. AX ACT granting the right of way and making a grant of land to the VoL 9, p. 466. States of Illinois, Mississippi, and Alabama, in aid of the construction of a railroad from Chicago to Mobile. Sept 20, 1850. No. 1597. AN ACT ates of Illinois, Mis >m Chicago to Mobi' [See ILLINOIS, No. 432.] Aug. 2, 1852. No. 1598. AN ACT to )8. AN ACT to protect actual settlers upon the land on the line of the Cen- tral .Railroad and branches, by granting preemption rights thereto. [See ILLINOIS, No. 433.] An?. 16, 1852. No. 1599. AN ACT for the relief of the heirs of Semoice, a friendly Creek Indian. V ol. 10, p. 735. Be it enacted, fc., That the children and heirs of Semoice, deceased, A certain tract a Creek Indian, to wit. ; Hetty Deas, Vicy Foxy, and Elizabeth Semoice, feSpleln 8 the be and are hereb y vested with a title in fee-simple, to fractional section heirs of Semoice. twenty-three, township four, range two east, containing six hundred and two acres and fifty-three hundredths of an acre, being the same ALABAMA. 647 land selected and entered by the said Semoice, under and by virtue of an act approved second July, eighteen hundred and thirty-six, entitled "An act for the relief of Samuel Smith, Lynn Mac Ghee, and Semoice, friendly Creek Indians : " Provided, That this act shall not be construed to defeat or prejudice the legal claim, if there be any, of other persons to the said tract of land, (a) (a) See Nos. 1538, 1544. Proviso. No, 1 600. AN ACT to extend the provisions of an act approved the third of March, Jan. 25, 1853. eighteen hundred and forty-seven, and the act approved the twenty-sixth of Feb- YoL 10, p. 153. ruary, eighteen hundred and forty-nine, for carrying into effect the existing com- pact's with the States of Alabama and Mississippi, in relation to the five per cent, fund and school reservations. Be it enacted, #c., That the provisions of "An act to amend an act en- Alabama allow titled 'An act to amend an act to carry into effect, in the States of Ala- fi bama and Mississippi, the existing compacts with those States with re- this a j t to gard to the five per cent, fund, and school reservations/ " approved selections. March the third, one thousand eight hundred and forty-seven, and the act to extend the provisions of said act, approved February twenty- sixth, eighteen hundred and forty-nine, be, and the same are hereby extended, so as to allow the State of Alabama three years from the passage of this act, to complete the selections of land authorized by the said acts to which this is an amendment, (a) (a) See Nos. 1450, 1452, 1477, 1541, 1586, 1589, 1590, 1592, 1603, 1604. No. 1601. AN ACT for the relief of William J. Price. March 3, 1853. Be it enacted, 765 ' firmed in his title to a certain tract of land situate in the county of Tract of land Jackson, State of Alabama, on the waters of Jones's Creek, known as confirmed to Will- William Jones's reservation, it being the place first settled by William iam J - Prica Jones, and, after his death, transferred by his widow and heirs at law to said William J. Price : Provided, That this confirmation shall only proviso, operate as a relinquishment on the part of the United States, and shall not affect the rights of any minor heir or heirs, or of third persons. March 3, 1853. VoL 10 - P- 259 - No. 1602. AN ACT authorizing the sale of certain reserved lands in Alabama. Be it enacted, #c., That the lands lying in Clarke County, in the State of Alabama, which have been reserved from sale as cedar lands, under Cedar lands in and by virtue of "An act making reservation of certain public lands to Clark County, supply timber for naval purposes," approved March first, eighteen hun- ^M ' may dred and seventeen, shall hereafter be liable to be sold in the same man- ner and under the same provisions and restrictions as other public lands of the United States, (a) (a) See Nos. 433, 730, 1266, 1279, 1281, 1293, 1301, 1323, 1422, 1428, 1429, 1436, 1441, 1448, 1450, 1470, 1516, 1545, 1598, 1609, 1618. No. 1603. AN ACT to authorize the school commissioners of fractional township April 20, 1854. number one, of range number ten east, in Alabama, to locate one half-section of land Vol. 10, p. 275. for school purposes. Be it enacted, and be is hereby, required to state an account between the United States and the State of Alabama, for the purpose of ascertaining what sum or sums of money are due to said State, heretofore unsettled, under the sixth section of the act of March second, eighteen hundred and nineteen, for the admission of Alabama into the Union ; and that he be required to include in said account the several reservations under the various treaties with the Chickasaw, Choctaw, and Creek Indians within the limits of Alabama, and allow and pay to the said State five per centum thereon, as in case of other sales. ' 18 ^' N 1608. AN ACT granting public lands, in alternate sections, to the States of i, p. 15. j lorida and Alabama, to aid in the construction of certain railroads in said States. [See FLORIDA, No. 1601.] ALABAMA. 649 1609. AN ACT granting public lands, in alternate sections, to the State of June 3, 1856. Alabama to aid in the construction of certain railroads in said State. Vol. 11, p. 17. Be it enacted, #c., That there be, and is hereby, granted to the State Grant of land of Alabama, for the purpose of aiding in the construction of railroads; in Alabama for from the Tennessee River, at, or near Gunter's landing, to Gadsden, on railroad8 - the Coosa River ; from Gadsden to connect with the Georgia and Ten- nessee and Tennessee line of railroads, through Chattooga, Wills, and Lookout Valleys ; and from Elyton to the Tennessee River at or near Beard's Bluff, Alabama, every alternate section of land designated by odd numbers, for six sections in width on each side of each of said roads. But in case it shall appear that the United States have, when the lines or routes of said roads are definitely fixed, sold any sections Grant in lieu or any parts thereof, granted as aforesaid, or that the right of preemp- j promoted tion has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the governor of said State, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified, so much land, in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold, or otherwise appropriated, or to which the rights of preemption have attached as aforesaid, which lands (thus selected in lieu of those sold and to which preemption rights have attached as aforesaid, together with the sections and parts of sec- tions designated by odd numbers, as aforesaid, and appropriated as aforesaid) shall be held by the State of Alabama, for the use and pur- pose aforesaid : Provided, That the land to be so located shall in no case be further than fifteen miles from the lines of said roads, and selected for and on account of each of said roads : Provided further, That the Grant, how ap- lands hereby granted for and on account of said roads, severally, shall P 116 ^ be exclusively applied in the construction of that road for and on ac- count of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the- same shall be applied to no other purpose whatsoever: And provided further, That any and all lands here- tofore reserved to the United States by any act of Congress, or in any Act not to ap- other manner by competent authority, for the purpose of aiding in any P?.v to reserva- object of internal improvement, or for any other purpose whatsoever, rSt oFwayf 3 be, and the same are hereby, reserved fco the United States from the operation of this act, except so far as it may be found necessary to lo- cate the routes of said railroads through such reserved lands, in which case the right of way only shall be granted, subject to the approval of the President of the United States. () SEC. 2. And be it further enacted, That the sections and parts of sec- Price of alter- tions of land which, by such grant, shall remain to the United States, J at sections within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands when sold, nor shall any of said lauds become subject to private entry until the same have been first offered at public sale at the increased price. (&) SEC. 3. And be it further enacted, That the said lands hereby granted Object of grant, to the said State shall be subject to the disposal of the legislature there- Es jj[ n f jj^jj? of, for the purposes aforesaid, and no other; and the said railroads f r the Govern^ shall be and remain public highways for the use of the Government of ment. the United States, free from toll or other charge upon the transporta- tion of any property or troops of the United States. SEC. 4. And be it further enacted, That the lands hereby granted to Lands, how said State shall be disposed of by said State only in manner following, disposed of. that is to say : That a quantity of land, not exceeding one hundred and twenty sections for each of said roads, and included within a continu- ous length of twenty miles of each of said roads, may be sold ; and when the governor of said State shall certify to the Secretary of the Interior that any twenty continuous miles of any of said roads is com- pleted, then another quantity of land hereby granted, not to exceed one hundred and twenty sections for each of said roads having twenty continuous miles completed as aforesaid, and included within a con- tinuous length of twenty miles of each of such roads, may be sold; and so, from time to time, until said roads are completed ; and if any of said roads is not completed within ten years, no further sale shall be made, and the lands unsold shall revert to the United States. SEC. 5. And be it further enacted, That the United States mail shall be Transportation transported over paid roads, under the direction of the Post- Office De- of mail8 - partment, at such price as Congress may, by law, direct: Provided, That 650 ALABAMA. until such price is fixed by law, the Postmaster- General shall have the power to determine the same. rra.it of other SEC 6. And be it further enacted, That a grant of lands shall be made landTto Alabama to said State to aid in the construction of the following roads in said for railroads. state to wit: The Memphis and Charleston Railroad, extending from Memphis on the Mississippi River, in Tennessee, to Stevenson, on the Nashville and Chattenooga Railroad, in Alabama ; the Girard and Mo- bile Railroad from Girard to Mobile, Alabama; the Northeast and Southwestern Railroad, from near Gadsden to some point on the Ala- bama and Mississippi State line, in the direction to the Mobile and Ohio Railroad, with a view to connect with said Mobile and Ohio Rail- road the Coosa and Alabama Railroad, from Selma to Gadsden ; the Central Railroad from Montgomery to some point on the Alabama and Tennessee State line in the direction to Nashville, Tennessee ; and that alternate sections of the public lands to the same extent and in the same manner, and upon the same limitations and restrictions in every respect shall be and is hereby made to aid in the construction of the roads in said State mentioned in this act : Provided, That the lands hereby granted to said State for the purpose of contracting a railroad from the northeast to the southwestern portion of said State, lying northwest of Elyton, shall be assigned to such road as may be desig- nated by the legislature of said State, (a) (a) See Nos. 432, 1414, 1532, 1542, 1594, 1597, 1608, 1610, 1613, 1614, 1616, 1617, 1619, 1620, 1621, 1623. (6) See Nos. 433, 730, 1266, 1279, 1281, 1293, 1301, 1323, 1422, 1428, 1429, 1436, 1441, 1448, 1450, 1470, 1516, 1545, 1598, 1602, 1618. Aue 11 1856 No. 1610. AN ACT granting public lands in alternate sections to the State of Mis- VoL 11, p. 30. sissippi to aid in the construction of railroads in said State, and for other purposes. [Grant of lands to Alabama for a railroad from Mobile to New Or- leans. See MISSISSIPPI, No. 1414.] Aug. 11, VoLii, . 11, 1856. No. 1611. AN ACT for the relief of Robert Mitchell ii, p. 460. Be it enacted, $c., That Robert Mitchell be, and he is hereby, author- Bobert Mitch- ized to enter lots B, C, and D, of fractional section nineteen, in town- ell authorized to ship sixteen, of range twenty-one east, , in the district of lands subject to enter certain ga i e a t Montgomery, Alabama, upon his producing proof, satisfactory to nw on^proof of *ke land officers for said district, and subject to the approval of the occupancy, &c., Commissioner of the General Land Office, of the occupancy and improve- and paying the nient of said lands, and paying therefor the minimum price of one dollar usual pnce. an fl twenty- five cents per acre ; and, upon such proof and payment being ie * made, a certificate and patent shall issue for said lots as in other cases of sales of public lands. Aug. 23, 1856. No. 1 612.-AN ACT for the relief of James M. Lindsay. VoLii.p.483. B e u enacted, fc., That the claim of James M. Lindsay, of the State Land claim of ^ Alabama, to fractional section twenty-one, township six, range five, James M. Lind- west of the Alabama River, except the south half of the southeast quar- say, confirmed, ter and the south half of the southwest quarter of said section be and the same is hereby confirmed the land herein described being the part of a reservation made to Samuel and David Hale, Creek Indians, by the treaty of the ninth of August, eighteen hundred and fourteen, between . the United States and the hostile Creeks : Provided, That this act shall saved ree ng be construed to vest in the said Lindsay only the reversionary interest of the United States, and not to prejudice the rights of bona-fide claim- ants other than the United States. March 3, 1857. No. 1613. AX ACT making a grant of land to the Territory of Minnesota, * * * VoL 11, p. 195. and granting public lands in alternate sections to the State of Alabama, to aid in the construction of a certain railroad in said State. Grant to Ala- SEC. 7. And be it further enacted, That there be and is hereby granted am to aid in to the State of Alabama, for the purpose of aiding in the construction of certain roads a railroad " from the line of Georgia on the Chattahoochee River, to the city of Mobile, Alabama," " through the counties of Hemr, Dale, Coffee, Covington, Conecuh, Baldwin and Mobile," an da branch railroad "from ALABAMA. 651 Enfaula to Montgomery," "through the counties of Barbour, Pike, Macon and Montgomery," chartered by the State of Alabama by an act entitled " An act to authorize the Savannah and Albany Railroad Com- pany to extend their railroad from the line of Georgia, on the Chatta- hoocee River, to the city of Mobile, Alabama, and to extend a branch road from Eufaula to Montgomery," approved December twentieth, eighteen hundred and fifty-three, alternate sections of the public lands to the same extent and in the same manner, and upon the same limita- tions and restrictions in every respect, as was granted to aid in the con- struction of other railroads under an act of Congress entitled "An act granting public lands in alternate sections to the State of Alabama to aid in the construction of certain roailroads in said State," approved June three, eighteen hundred and fifty-six, (a) (a) See Nos. 432, 1414, 1532, 1542, 1594/1597, 1608, 1609, 1610, 1614, 1616, 1617, 1619, 1620, 1621, 1623. No. 1614. AN ACT to amend " An act granting public lands in alternate sections to the State of Alabama to aid in the construction of certain railroads in said State." Be it enacted, $c., That the sixth section of an act, granting public lands in alternate sections to the State of Alabama, to aid in the con- struction of certain railroads in said State, approved second day of June, eighteen hundred and fifty six, be and the same is hereby so amended, that in lieu of the words " Central Railroad from Montgomery to some point on the Alabama and Tennessee State line in the direction to Nash- ville, Tennessee," the words "Tennessee and Alabama Central Railroad " be and they are hereby substituted, (a) (a) See Nos. 432, 1414, 1532, 1542, 1594, 1597, 1608, 1609, 1610, 1613, 1616, 1617, 1619, 1620, 1621, 1623. March 3, 1857. Vol. 11, p. 200. A different No. 161 5. AN ACT for the relief of Laurent Millaudon. June 1, 1858. Be it enacted, 11> p ' 537 ' firmed in his title to two certain tracts of land lying on the east side of Laurent Mil- Mobile Bay, in the State of Alabama, being the two tracts of land laudon to be con- known as the De Feriet claims, as surveyed in the year eighteen hun- tw^tricts^nand dred and thirty, and approved of by the surveyor-general in the year i n Alabama. eighteen hundred and thirty-five, with the exception of so much off of the north end thereof as has heretofore been surveyed and confirmed to William Patterson, and included within what is known as the Pat- terson claim, as now located : Provided, That this act shall only be construed as a relinquishment of any title that the United States may have to said lands : And provided further, That this confirmation shall enure to the benefit of any other persons, if sueh there be, as may be entitled to any part of said De Feriet claims, under conveyances from him. Proviso. No. 1616. AN ACT for the relief of the Mobile and Ohio Railroad Company. Feb. 18, 1859. Be it enacted, fa., That whereas the State of Mississippi, by its act - approved on the twenty-eighth of January, eighteen hundred and fifty- Preamble, two, and the State of Alabama, by its act approved on the first of December, eighteen hundred and fifty-one, did transfer to the Mobile and Ohio Railroad Company the lands which were granted to said States under the provisions of the act of Congress approved the twen- tieth September, eighteen hundred and fifty, to aid in the construction of a railroad from Mobile to the mouth of the Ohio River, the said transfers of said lands so made by said States, respectively, to said tbeslStesof A company, are hereby recognized, ratified, and confirmed, and the title bama and Missis- to all bona-fide purchasers of said company are also hereby confirmed; sippi confirmed, and that the time limited by said original act of Congress lor the com- Time for com . pletion of said railroad is hereby extended, and the said company is pleting the road allowed further time till the twentieth of September, in the year eight- extended to Sept. een hundred and sixty-five, to complete the same, anything in said act 20 ' 1865> to the contrary notwithstanding: Provided, nevertheless, That the said p rov i 80< Mobile and Ohio Railroad Company be subjected to, and shall comply with all the conditions, restrictions, and limitations contained in the 652 ALABAMA. act of Congress above referred to, approved the twentieth September, p 'so eighteen hundred and fifty ; And provided, That nothing herein contained shall be construed so as to release the States of Mississippi or Alabama from any liability imposed upon them by the said act of September twentieth, eighteen hundred and fifty, (a) (a) See Nos. 432, 1414, 1532, 1542, 1594, 1597, 1608, 1609, 1610, 1613, 1614, 1617, 1619, 1620, 1621, 1623. April 10 1869. No. 1617. AN ACT to renew certain grants of land to the State of Alabama. Vol. 16, p. 45. Be it enacted, #c., That so much of the grant of lands made to the r tofnublic State of Alabama by the act of Congress approved June three, eighteen lands to llaba- hundred and fifty-six, entitled "An act granting public lands in alter- ma for railroads nate sections to the State of Alabama, to aid in the construction of renew e d , sub- cer tain railroads in said State," as were granted to assist in the building ject, &c. Q ^ railroads "from near Gadsden to some point on the Alabama and Mississippi State line, in a direction to the Mobile and Ohio Railroad, with a view to connect with the said Mobile and Ohio Railroad," and " from Gadsden to connect with the Georgia and Tennessee and Tennes- see line of railroads through Chattooga, Wills, and Lookout Valleys," is hereby revived and renewed, subject to all the conditions and restric- tions contained in the act referred to, and subject to the further limita- If roads are not tion that if either of the said railroads is not completed within three completed in years from the passage of this act no further sale shall be made for the three yea rs.no b ene fi t of such railroad, and the lands unsold shall revert to the United land therefor. States: Provided, That the lands granted by the act hereby revived, and lands unsold except mineral lands, shall be sold to actual settlers only in quantities to revert. not greater than one quarter-section to any one purchaser, and for a Lands how and price not exceeding two dollars and fifty cents per acre, soli SEC. 2. And be it further enacted, That the right, power, and author- Materials for ity is hereby given to the companies building the aforesaid railroads to constructing take from the public lands adjacent to the lines of said railroads earth, tak*nfrom y a^ e8 * one ' an( ^ ^ ner materials for the construction thereof ; and the right jacent lands. of way is hereby granted to the extent of one hundred feet in width on (a) See Nos. 432, 1414, 1532, 1542, 1594, 1597, 1608, 1609, 1610, 1613, 1614, 1616, 1619, 1620, 1621, 1623. July 1, 1870. VoL 16, p. 182. No. 1618. AN ACT to confirm entries of public land in certain cases in the State of Alabama. Certain entries ^ e ** enacted, $~c., That in cases where entries were made in the State of public lands in of Alabama under the act of Congress approved the fourth of August, Alabama con- eighteen hundred and fifty-four, entitled "An act to graduate and reduce the price of the public lands to actual settlers and cultivators," and the parties in good faith went upon the land embraced in their entries, and became actual settlers and cultivators thereof, according to the require- ments of the law, but were afterward forced to abandon their homes on the land, in consequence of the disturbed condition of the country during the late war, their entries shall be confirmed and patented to them, their heirs or assigns, respectively, notwithstanding such aban- donment, on satisfactory proof of the facts being produced to the Com- missioner of the General Land Office, within twelve months from the approval of this act : Provided, That nothing in this act shall be so construed as to confirm any entries which have heretofore been annulled and vacated by said Commissioner, on account of fraud, evasion of law, or other special cause: And provided further, That this act shall not affect the rights of subsequent purchasers in good faith, (a) (a) See Nos. 433, 730, 1266, 1279, 1281,1293,1301, 1323,1422, 1428, 1429,1436,1441,1448, 1450, 1470, 1516, 1545, 1598, 1602, 1609. Provisos. March 3, 1871. No. J 619. AN ACT to renew certain grants of land to the State of Alabama. vol. 16, p. 580. Be it waded, fc., That the grant of lands made to the State of Ala- Former 1 a n d bama by the act of Congress approved June three, eighteen hundred ES2 f A1 -?~ a - nd fif ty ' 8ix > entitled " An act granting public lands, in alternate sec- roads renewed tlo . D8 to * ne State of Alabama, to aid in the construction of certain railroads in said State," to assist in the building of a railroad from the city of Montgomery, Alabama, to some point on the Alabama and Ten- ALABAMA. 653- nessee State line, in the direction of Nashville, is hereby revived and renewed for the use and benefit of the South and North Alabama Rail- road Company, subject to all the conditions and restrictions contained If road not in the act referred to, and subject to the further limitation, that if the three years said railroad is not completed within three years from the passage of lands unsold to this act no further sale shall be made for the benefit of said road, and revert. the lands unsold shall revert to the United States : Provided, That the Proviso, lands granted by the act hereby revived, except mineral lands, shall be sold to actual settlers only, in quantities not greater than one quarter- section to any one purchaser, and for a price not exceeding two dollars and fifty cents per acre. SEC. 2. That the right, power, and authority is hereby given to the com- Right granted pany building the aforesaid railroad to take from the public lands, ad- to take materials jacent to the lines of said railroad, earth, stone, and other materials for * oni la a ^J acei the construction thereof ; and the right of way is hereby granted to Eight of way, the extent of one hundred feet in width on each side of said railroad with grounds for where it may pass over the public lands, including all necessary grounds stations, for stations and structures connected therewith, not exceeding forty acres at any one station, (a) (a) See Nos. 432, 1414, 1532, 1542, 1594, 1597, 1608, 1609, 1610, 1613, 1614, 1616, 1617, 1620, 1621, 1623. No. 1620. AN ACT relating to certain lands in the State of Alabama. May 23, 1872. Be it enacted, &c> appro- defrav SEC. 2. And be it further enacted, That one hundred thousand dollars $100,000 be appropriated for defraying such expenses as the President may deem priated to de necessary for obtaining possession as aforesaid, and the security of the takin Xpe said territory, to be applied under the direction of the President, out of 8 i on) & c . any moneys in the Treasury not otherwise appropriated. SEC. 3. And be it further enacted, That in case possession of the terri- In case of tak- tory aforesaid shall be obtained by the United States, as aforesaid, that g possession until other provision be made by Congress, the President be, and he is may estabUsha hereby authorized to establish, within the territory aforesaid, a tern- temporary gov- porary government, and the military, civil, and judicial, powers thereof ernment. shall be vested in such person and persons, and be exercised in such manner as he may direct, for the protection and maintenance of the in- habitants of the said territory in the full enjoyment of their liberty, prop- erty, and religion, (a) (a) See Nos. 1499, 1626, 1627, 1628, 1637, 1646, 1673, 1674. No. 1626. AN ACT to authorize the President of the United States to take pos- March 3, 1819. session of East and West Florida, and establish a temporary government therein. Vol. 3, p. 523. Be it enacted, #c., That the President of the United States be, and he The President is hereby, authorized to take possession of, and occupy, the Territoiies authorized to of East and West Florida, and the appendages and appurtenances there- take possession of; and to remove and transport the officers and soldiers of the king of East and West of Spain, being there, to the Havana, agreeably to the stipulations of a treaty between the United States and Spain, executed at Washington, 655 656 FLORIDA. on the twenty-second day of February, in the year one thousand eight hundred and nineteen, providing for the cession of said Territories to the United States ; and he may, for these purposes, and in order to main- He may employ lain in said Territories the authority of the United States, employ any the army, navy, par t of the Army and Navy of the United States, and the militia of any and militia. state or Territory which he may deem necessary. The President SEC. 2. And be it further enacted, That, until the end of the first ses- to appoiut offi- 8 ion of the next Congress, unless provision for the temporary govern- cers, and pre- ment of Ba [& Territories be sooner made by Congress, all the military, Sr^^S-SS: civil, and judicial, powers, exercised by the officers of the existing gov- ment of tf e TCT- eminent of the same Territories, shall be vested in such person and per- ritories. 8O ns, and shall be exercised in such manner, as the President of the United States shall direct, for the maintaining the inhabitants of said Revenue laws, Territories in the free enjoyment of their liberty, property, and religion ; and laws con- an d the laws of the United States, relative to the collection of revenue, cerningthe slave and the i mpor t a tion of persons of colour, shall be extended to the said J? the 6 T^rriS- Territories; and the President of the United States shall be, and he is ries. hereby, authorized, within the term aforesaid, to establish such districts, President toes- f or the collection of the revenue, and, during the recess of Congress, to tablish districts ap p O j n t 8ac h officers, whose commissions shall expire at the end of the c^rt a o?the cut next session of Congress, to enforce the said laws, as to him shall seem toms. expedient. Appropriation. SEC. 3. And be it further enacted, That the sum of twenty thousand dollars is hereby appropriated for the purpose of carrying this act into effect, to be paid out of any moneys in the Treasury not otherwise ap- propriated, and to be applied under the direction of the President of the United States. When this act SEC. 4. And be it further enacted, That this act shall take effect, and shall take effect. jj e | n f orce> whenever the aforesaid treaty, providing for the cession of said Territories to the United States, shall have been ratified by the king of Spain, and the ratifications exchanged, and the king of Spain shall be ready to surrender said Territory to the United States, accord- ing to the provisions of said treaty, (a) (a) See Nos. 1499, 1625, 1627, 1628, 1637, 1646. 1673, 1674. March 3, 1821. No. 1627. AX ACT for carrying into execution the treaty between the United Vol. 3, p. 637. States and Spain, concluded at Washington on the twenty-second day of February, one thousand eight hundred and nineteen . thorized to take Be it enacted, <$-c., That the President of the United States be, and he possession of i 8 hereby, authorized to take possession of, and occupy, the Territories Florida" 1 West of East and West Florida, and the appendages and appurtenances there- An d remove of j and to remove and transport the officers and soldiers of the King of Spanish troops, Spain, being there, to the Havanna, agreeably to the stipulations of the according to treaty between the United States and Spain, concluded at Washington,. on the twenty-second day of February, in the year one thousand eight hundred and nineteen, providing for the cession of said Territories to the United States ; and he may, for these purposes, and in order to May employ maintain in said Territories the authority of the U nited States, employ the army, navy, any part of the Army and Navy of the United States, and the militia and militia. of any g tate or Territory, which he may deem necessary. Organization of SEC. 2. And be it further enacted, That, until the end of the first ses- government, a s s i O n of the next Congress, unless provision for the temporary govern- mavdt Qt ment of said Territories be sooner made by Congress, all the military, civil, and judicial, powers exercised by the officers of the existing gov- ernment of the same Territories, shall be vested in such person and per- sons, and shall be exercised in such manner, as the President of the United [States] shall direct, for the maintaining the inhabitants of said Revenue laws, Territories in the free enjoyment of their liberty, property, and religion ; and laws prohib- and the laws of the United States relating to the revenue and its collec- iting the impor- tion, subject to the modification stipulated by the fifteenth article of the ' e! of c'Sor to e! tein 8aid * reatv > i* favour of Spanish vessels and their cargoes, and the laws force. ' relating to the importation of persons of colour, shall be extended to President au- the 6aid Territori es. And the President of the United States shall be, thorized to estab- a ? d ^ e is hereby, authorized within the term aforesaid, to establish such lish collection districts for the collection of the revenue, and during the recess of Con- districte, and ap- gress, to appoint such officers, whose commissions shall expire at the end er8 - of the next session of Congress, to enforce the said laws, as to him shall seem expedient. FLORIDA. 657 SEC 3. And be it further enacted, That the President of the United President to ap- States be, and he is hereby, authorized to appoint, during the recess of g^ ^ omm18 ; the Senate, a commissioner land surveyor, whose commissions shall ex- V eyor, &c. pire at the end of the next session of Congress, to meet the commis- sioner and surveyor who may be appointed on the part of Spain, for the President purposes stipulated in the fourth article of said treaty; and that the take all other President be, and he is hereby, further authorized to take all other measures neces- measures which he shall judge proper, for carrying into effect the stip- sar y> & c. ulations of the said fourth article. SEC. 4. And be it further enacted, That a board of three commissioners Board of three shall be appointed, conformably to the stipulations of the eleventh ar- commissioners, tide of the said treaty : and the President of the United States is hereby eSvenSrticl e authorized to take any measures which he may deem expedient for or- O f the treaty, ganizing the said board of commissioners, and, for this purpose, may ap- President may point a secretary well versed in the French and Spanish languages, and organize the a clerk ; which appointments, if made during the recess of the Senate, Secretary shall, at the next meeting of that body, be subject to nomination for clerk, their advice and consent. SEC. 5. And be it further enacted, That the compensation of the respec- Compensation, tive officers, for whose appointment provision is made by this act, shall not exceed the following sums : The commissioner to be appointed conformably to the fourth article, Of commission- at the rate, by the year, of three thousand dollars. f r u n d e r t h e To the surveyor, two thousand dollars. Of surveyor To each of the three commissioners to be appointed conformably to of the commis- the eleventh article of the treaty, three thousand dollars. sioner sunder the To the secretary of the board, two thousand dollars. el ^| n !h article - To one clerk, one thousand five hundred dollars. tary. SEC. 6. And be it further enacted, That, for carrying this act into exe- Clerk, cution, the sum of one hundred thousand dollars be, and hereby is, ap- Appropriation propriated, to be taken from any moneys in the Treasury not otherwise ^ $ 10 . 000 - appropriated, (a) (a) See Nos. 1499, 1625, 1626, 1628, 1637, 1646, 1673, 1674. No. 1628. AN ACT for the establishment of a Territorial government in Florida. March 30, 1822. Be U enacted, #c., That all that territory ceded by Spain to the United Vol.3, p. 654. States, known by the name of East and West Florida, shall constitute East and West a Territory of the United States, under the name of the Territory of Florida, as ceded Florida. by Spam, to con- * * * # * # # stitute the Terri- SEC. 5. And be it further enacted, That * * * the governor and to 55 f governor legislative council shall have no power over the primary disposal and council have of the soil, nor to tax the lands of the United States, nor to interfere no power over, with the claims to lands within said Territory. * * # * * * SEC. 9. And be it further enacted, That the following acts, that is to What laws to say, * * * "An act to prevent settlements being made on lands be ^ force ^ the ceded to the United States until authorized by law," approved March Terntor y- third, one thousand eight hundred and seven : * * * and all other public laws of the United States, which are not repugnant to the pro- visions of this act, shall extend tOj and have full force and effect in, the Territory aforesaid, (a) (a) See Nos. 1499, 1625, 1626, 1627, 1637, 1646, 1673, 1674. No. 1629. AN ACT for ascertaining claims and titles to land within the Territory May 8, 1822. of Florida. Vol. 3, p. 709. Be it enacted #c., That for the purpose of ascertaining the claims and The President, titles to lands within the Territory of Florida, as acquired by the treaty &c., to app oint of the twenty-second of February, one thousand eight hundred and three commie- nineteen, there shall be appointed, by the President of the United States, SffiSol aim's by and with the advice and consent of the Senate, three commissioners, an d titles to lands who shall receive, as compensation for the duties enjoined by the pro- in Florida, visions of this act, two thousand dollars each, to be paid quarterly, Their pay. from the Treasury ; who shall open an office for the adjudication of ^Q 6 claims, at Pensacola, in the Territory of West Florida, and St. Augus- co i a . tine, in East Florida, under the rules, regulations, and conditions, here- inafter prescribed. 42 L 0- VOL TI 658 FLORIDA. To appoint sec- SEC. 2. And be it further enacted, That it shall be the duty of said cora- retary. missioners to appoint a suitable and well qualified secretary, who shall ties of the record> j n a we ll-bound book, all and every their acts and proceedings, the claims admitted, with those rejected, and the reason of their admis- His compensa- 6 j on or rejection. He shall receive as a compensation for his services, one thousand two hundred and fifty dollars, to be paid quarterly, from the Secretary must Treasury. He shall be acquainted with the Spanish language; and be acquainted k e f ore entering on a discharge of the duties of his office, shall take Tui^u^e^Tnd witl1 evidence necessary to support them. The session at 30, 1623. St. Augustine shall terminate on the thirtieth of June, one thousand Commissioners eight hundred and twenty-three, when said commissioners shall for- to forward a de- war d to the Secretary of the Treasury, to be submitted to Congress, a ceedSU &c Pr ' (letail of a11 thev have done > and deliver over to th .e surveyor all the . archives, documents, and papers, that may be in their possession. SEC. 4. And be it further enacted, That every person, or the heirs or claimTng S title to re P resentative8 of 8Ucn persons, claiming title to lands under any lands under any patent, grant, concession, or order of survey, dated previous to the patent, &c., dat- twenty-fourth day of January, one thousand eight hundred and eight- j^n^aV^s^al* een ' wn ^ cn were valid under the Spanish Government, or by the law of id an established. of tne United States lying in the district of East Florida, a land office shall be established and kept at such place, within said district, as the President of the United States shall direct ; and that, for the disposal of the lands of the United States lying in the district of West Florida, a land office shall be established at such place, in said district, as the President of the United States shall direct, (c) When land SEC. 9. And be it further enacted, That, so soon as, in the opinion of the lm?d. are ^ be President of the United States, there shall be a sufficient quantity of the public lands surveyed, within either of the districts of East or West Florida, to authorize the opening of one or both of the land offices afore- said, he shall cause the same to be opened, and shall proceed, from time to time, to appoint, with the advice and consent of the Senate, for each of the said offices, a register and receiver of the public moneys, who shall give security, in the same sums, and in the same manner, and whose compensation, emoluments, duties, and authority, shall, in every respect, be the same, in relation to the lands to be disposed of at their FLORIDA. 661 offices as are or may be provided by law in relation to the registers and receivers of public moneys, in the several laud offices established for the disposal of the public lands of the United States. SEC. 10. And 1)6 it further enacted, That, whenever a land office shall The President have been established in either of the districts aforesaid, and a register to offer the lands and receiver of public moneys appointed for the same, the President of ^en ' a the United States shall be, and he is hereby, authorized to direct so much of the public lands, lying in such district, as shall have been sur- veyed according to law, to be offered for sale, in the same manner, and with the same reservations and exceptions, and on the same terms and conditions, in every respect, as have been or may hereafter be, provided for the sale of the public lands of the United States, (d) SEC. 11. And be it further enacted, That an entire township, in each of An e n tir e the districts of East and West Florida, shall be reserved from sale, for jKjrtJp/ 1 ? ? a S. a the use of a seminary of learning, to be located by the Secretary of the {J* reserved for a Treasury, (e) seminary of SEC. 12. And be it further enacted, That all the navigable rivers and learning. waters in the districts of East and West Florida shall be, and forever I J iver / + , %? d remain, public highways. t SEC. 13. And be it Juriher enacted, That so much of the act, approved lie highways. the eighth day of May, one thousand eight hundred and twenty-two, Part of the entitled "An act for ascertaining claims and titles to land in the Terri- rme g \< of tory of Florida," as is inconsistent with the provisions of this act, be, pea i ed ; and the same is hereby, repealed ; and so much thereof as provides for the appointment of a surveyor-general, and allows him to charge fees, is hereby repealed, (a) (a) See Nos. 957, 961, 967, 1268, 1624, 1629, 1631, 1633, 1634, 1636, 1640, 1641, 1647, 1677, 1699, 1700,1701,1704, 1710. (6) See ISTos. 1629, 1632, 1678. (e) SeeNos. 1632, 1667, 1688, 1689, 1708. (d) See Nos. 1635, 1H51, 1652, 1667, 1670, 1672. 1684, 1691, 1692, 1695, 1713, 1714. (e) See Nos. 1639, 1655, 1674. No. 1631. AN ACT to extend the time limited for the settlement of private land Feb. 28 1824. claims in the Territory of Florida. Vol.' 4 p. 6. Be it enacted, $c., That the time limited for the settlement of private ~~The act amend- land claims in the Territory of Florida, by an act of the Seventeenth ing, &c., the act Congress, entitled "An act amending, and supplementary to, the act for f r ascertaining ascertaining claims and titles to land in the Territory of Florida, andia^^to^na to provide for the survey and disposal of the public lands in Florida, be, extended. ' and the same is hereby, extended and enlarged, until the first day of January next, when the commissioners for ascertaining claims and titles to the lands aforesaid shall make a return of their proceedings to the Secretary of the Treasury, to be laid before Congress. SEC. 2. And be it further enacted, That the claimant or claimants shall The claimant not be required to produce, in evidence, a deraignment of title from the or claimants not original grantee or patentee, but the exhibition of the original title original papers, agreeably to the fourth section of an act, passed the eighth of a deraignment of May, eighteen hundred and twenty-two, entitled "An act for ascertain- title from the ing claims and titles to lands within the Territory of Florida," with the original grantee deed or devise, to the claimant, and the office abstract or abstracts of or P atentee ' &c - the intermediate conveyances for the last ten years preceding the sur- render of Florida to the United States ; and, where they cannot be pro- duced, their absence being satisfactorily accounted for, shall be sufficient evidence of tho right of the claimant or claimants to the land so claimed as against the United States : Provided, The claim be defined in quan- Proviso. tity, and the amount does not exceed the quantity limited in the second section of the act which this is intended to extend ; And provided, The Proviso. conditions required by the laws and ordinances of the Spanish Govern- ment, and the treaty between Spain and the United States, shall have been complied with. SEC. 3. And be it further enacted, That no person shall be taken and No person to be deemed to be an actual settler, within the provisions of the "act amend- deemed an actual ing, and supplementary to, an act for ascertaining claims and titles to settler within the land in the Territory of Florida," passed on the third day of March, one ^^"M^I, 3 thousand eight hundred and twenty-three, unless such person, or those 1823, unlesshebe under whom he claims title, shall have been in the cultivation, or occu- an occupier, &c. pation, of the land, at and before the period of the cession. 662 FLORIDA. Part of act re- SEC. 4. And be it further enacted, That so much of the act of which pealed. this is an amendment, as authorizes the secretary of said commissioners to demand and receive from the claimants ten cents per hundred words for recording titles to land, be, and the same is hereby repealed. Secretaries of SEC. 5. And be it further enacted, That the former secretaries, or those commissioners wno mav nO w be secretaries, to the said boards of commissioners, who having rei-eived ^^ uave rece i ve d their salary of one thousand two hundred and tifty to pay overmuch dollars, from the Treasury of the United States, which is, by law de- fees as have been dared to be their full compensation, shall be, and they are hereby, re- demanded andq U ] re( j t o p a y over, respectively, to the commissioners, conformably received by them. w ^ n ^ ne provisions of the original law, all such fees as have been de- manded, and received by them, which shall be appropriated to defray the expenses of the commission. So much of the SEC. 6. And be itfurtJier enacted, That so much of the acts of which acts of which this this is amendatory, as makes void all claims not filed before the first is amendatory, as day O f December, one thousand eight hundred and twenty-three, be, SaiSI not tiled and the same is hereby, repealed ; and it shall be lawful for claims to before Dec. l, be filed any time previous to the first day of September next ; but all 1823, to be re- and every claim not filed by that time, shall be held and deemed void P 6 * 16 * 1 - and of none effect. Compensation SEC. 7. And be it further enacted, That each of the commissioners here* of the commis- tofore appointed, or who may hereafter be appointed, who has per- formed, and shall hereafter perform, the duties assigned him, shall receive, from the first Monday in February until the first day of January next, at the rate of two thousand dollars per annum, in full compensa- tion for his services, (a) (a) See^os. 957, 961, 967, 1268, 1624, 1629, 1630, 1633, 1634, 1636, 1640, 1641, 1643, 1647, 1677, 1699, 1700, 1701, 1704, 1710. May 24, 1824. No. 1632. AX ACT providing for a grant of land for the seat of government in VoL 4, p. 30. the Territory of Frorida, [Florida,] and for other purposes. One quarter- Be it enacted, authorized to adopt such measures as to them may seem expe- said land, as they dient for the sale of said tract of land, or any part thereof, for the pur- may deem expe- pose of raising a fund for the erection of public buildings at said seat of government. Three entire SEC. 3. And be it further enacted, That there shall be, and hereby are, quarter -sections reserved from sale, three entire quarter-sections of lands of the United for the^ntted states tyiag contiguous to, and adjoining, the quarter- section granted States. Dv the nrs t section of this act, to be located bv the governor of said Territory, (a) Part of the 7th SEC. 4. And be it further enacted, That so much of the seventh section MtrfMKolL & f the act of Con g ress of the third of March, one thousand eight hun- 1823, repealed. ' dred and twenty-three, entitled "An act amending and supplementary to the act entitled 'An act to provide for the survey and disposal of the public lands in Florida/ " as prevents the appointment of a surveyor for Florida until the commissioners shall have decided and reported on the private claims in said Territory, be, and the same is hereby, re- pealed; (6) and the eastern and western land districts in said Territory shall be divided and separated by the Suwaney River, and not by the ancient line of division between the provinces of East and West Florid a r as prescribed by the eighth section of the act aforesaid, (c) (a) See Xos. 1640, 1642, 1674. (6) See Xos. 1629, 1630, 1678. (c) Se Nos. 1630, 1667, 1688, 1689, 1708. FLORIDA. 663 No. 1633. AN ACT granting donations of land to certain actual settlers in the May 26, 1824. Territory of Florida, Vol. 4, p, 47. Be it enacted, <$*c., That the commissioners for ascertaining titles and The commis- claims to lands in Florida, be, and they are hereby, authorized and re- sioners for ascer- quired, within their respective districts, and in addition to the ir former lamlTfn*! 1 ! 68 '^ duties, to receive and examine all claims that may be presented to them, authorized a^ d and the evidence in support of each of such claims, founded on habita- required to re- tion and cultivation of any tract of land, town, or city lot, or out-lot, 9 eive au<1 exam- by any person, being the head of a family, and twenty-one years of age, {| 8 ehtedto who, on the twenty-second day of February, one thousand eight hundred them within and nineteen, actually inhabited and cultivated such tract of land, or ac- their respective tually cultivated and improved such lot, or who, on that day, cultivated districts, any tract of land in the vicinity of any town or city, having a permanent residence in such town or city, in said Territory ; and to grant certifi- cates of confirmation for any tract of land thus inhabited and cultivated, or cultivated by any person of the above description, residing in any town or city in the vicinity of the tract so cultivated ; which land shall be located in an enire body, as nearly as possible, in conformity to the surveys of the contiguous public lands, and so as to embrace the prin- cipal improvements then made on any tract so claimed, and shall not ex- ceed in quantity six hundred and forty acres : And it shall also be the Duty of said duty of said commissioners to receive claims to land founded on habita- commissioners, tion and cultivation, commenced between the twenty-second of Febru- ary, one thousand eight hundred and nineteen, and the seventeenth of July, one thousand eight hundred and twenty-one, when Florida was surrendered to the United States, and evidence in support of the same ; and to report an abstract of all such claims to Congress, and of the claims by them confirmed, to the Secretary of the Treasury ; and the claims merely reported on, shall be laid before Congress at their next session, with the evidence of the time, nature, and extent, of such in- habitation and cultivation, in each case, and the extent of the claim: Proviso. Provided, That no claim shall be received, confirmed, or reported, to Congress, by the said commissioners, for confirmation, in favour of any person, or the legal representatives of any person, who claims any tract of land in said Territory, by virtue of any written evidence of title de- rived from either the British or Spanish Government, (a) (a) See Nos. 957, 961, 967, 1268, 1624, 1629, 1630, 1631, 1634, 1636, 1640, 1641, 1643, 1647, 1677, 1699, 1700, 1701, 1704, 1710. No. 1634. AN ACT to extend the time for the settlement of private land claims March 3, 1825. in the Territory of Florida, to provide for the preservation of the public archives Vol. 4, p. 125. in said Territory, * * * . SEC. 2. And be it further enacted, That the commissioners appointed The commis- to ascertain claims and titles to land in East Florida, be, and they are stokers of land hereby, authorized to continue their session until the first Monday Florida "to con- of January, one thousand eight hundred and twenty-six, under the tinue their ses- same laws, ordinances, and regulations, heretofore established for their sion. government. SEC. 3. And be it further enacted, That so much of the act, entitled Part of the act "An act to extend the time limited for the settlement of private land SjjJwtEeVei! claims in Florida," as renders void all claims to land in said Territory, tlement of p r i- not filed on or before the first day of September, one thousand eight yate land claims hundred and twenty-four, be, and the same is hereby, repealed, and it in Florid a, re- shall be lawful for claims to be filed before the board of commissioners pea in East Florida, any time prior to the first day of November, one thou- sand eight hundred and twenty-five. SEC. 4. And be it further enacted, That there shall be appointed two Two addition- additional clerks to the board of commissioners of East Florida, to f 1 cl fks for the each of whom shall be allowed the sum of seven hundred dollars, to be JgJSs S? m X paid quarterly by the Treasury of the United States. Florida. SEC. 5. And be it further enacted, That each of the commissioners ap- Compensation pointed for the examination of claims in East Florida, be allowed at * the commis- the rate of two thousand dollars per annum, in full for their services, 81( to be paid quarterly at the Treasury of the United States, out of any money in the Treasury not otherwise appropriated : Provided, however, Proviso. That no one of said commissioners shall be entitled to draw any por- tion of the compensation hereby allowed him, except on showing an actual and faithful performance of the duties required of him. FLORIDA. Duty of the SEC. 6. And be it further enacted, That, it shall be the dnty of the late late commission- commissioners for the examination of titles and claims to lands in West era and their Florida, and of their clerk, to deliver to the register and receiver of the land office for the western land district of Florida, all records, evidence, and papers, in the possession of them, or either of them, relating to Duty of the reg- said titles and claims. And it shall be the duty of said register and later and receiv- receiver to examine and decide on all titles and claims to land in West Florida, not heretofore decided npon by said commissioners, subject to the limitations, and in conformity with the provisions of the acts of Congress heretofore passed on that subject. Claimants, SEC. 7. And be it further enacted, That the several claimants to lands, where their j n 8a id district, where claims have not been heretofore decided on, be claims have not perm i t ted to file their claims, and the evidence in support of them, Sxlon pe with the register and receiver of said district, at any time before the mitted to' file first day of November next, whose duty it shall be to report the same, them, &c., with W j t j 1 their decision thereon, to the Secretary of the Treasury, on or tte renter and before tne ^ Tsi fay o f January next, to be laid before Congress at the Xuv. L ' next session. The register SEC. 8. And be it further encwted, That the said register and receiver and receiver em- shall have power to appoint their clerk, and prescribe his duties, and powered to ap- wno gna u De allowed, in full compensation for his services, the sum of eight hundred dollars, and said register and receiver shall each be al- lowed the sum of one thousand dollars for the performance of the duties required of them by this act, which said several sums of money shall be paid said register and receiver, and their clerk, out of any money in the Treasury not otherwise appropriated, whenever the busi- ness is completed, and the report approved by the Secretary of the Treasury. The President SEC. 9. And be it further enacted, That the President of the United to appoint two States be, and he is hereby, authorized to appoint two officers, to be keepers of the ca u ft d the keepers of the public archives in the Territory of Florida, n?Florida ** one of whom shall keep his office at St. Augustine, in East Florida, and the other at Pensacola, in West Florida. Officers to give SEC. 10. And be it further enacted, That the said officers shall each bond and securi- give bond and security in the sum of twenty thousand dollars, for the ^rf VmaiKKi^of sa f e 'keeping an d preservation of the said archives, and for the faithful their duties. performance of the duties of their respective offices, and the translation of such of the records and documents as are hereinafter provided for, and shall each receive a salary of five hundred dollars, to be paid quarterly from the Treasury of the United States. Officers tocause SEC. 11. And be it further enacted, That the said officers shall cause to a complete trans- ij e ma( } e a faithful and complete translation and record of all the Spanish records Spanish records, and documents delivered to them, and having rela- havin* relation tion to land claims derived from the Spanish and British Governments, to land claims, distinguishing and keeping separately those which relate to grants made within the district of Baton Rouge, Mobile, north of latitude thirty-one, and those made within the present limits of Florida; a complete descriptive list of each of which translations and records, when completed, shall be forwarded to the Secretary of the Treasury, and the said officers shall, severally, be entitled to* receive from the Treasury of the United States, on the completion of the work, a com- pensation at the rate of ten cents for each hundred words by them translated and recorded. Officers to de- SEC. 12. And be it further enacted, That the said officers shall make out translations* t* and del . iver to individual applicants, copies or translations of any docu- individual appli- ment8 in their 8aid offices, on being paid for the same at the* rate of cants. six and one-fourth cents for each hundred words. Appropriation. SEC. 13. And be it further enacted, That the several sums of money hereby appropriated, shall be paid out of any money in the Treasury not otherwise appropriated, (a) (a) See Xos. 957, 961, 967, 1268, 1624, 1629, 1630, 1631, 1633, 1636. 1640, 1641, 1643, 1647, 1677, 1699, 1700, 17U1, 1704, 1710. April 22, 1826. No. 1635. AX ACT giving the right of pre-emption, in the purchase of lands, to Vol. 4, p. 154. certain settlers in the States of Alabama, MissisMppi, and Territory of Florida. Any person, Be {t enacte ^ $' c ; That every person, or the legal representatives of &c., who on or an y person, who, being either the head of a family, or twenty-one years before Jan. 1, of age, did, on or before the first day of January,' in the year one thou- , &?' ^IS^f 8and ei S ht hundred and twenty-five, actually inhabit and cultivate a 01 tract of land situated in the Territory of Florida, which tract is not FLOEIDA. 6G5 rightfully claimed by any other person, and who shall not have re- land in Florida, moved from the said Territory, shall be entitled to the right of pre- &c., shall be en- emption in the purchase thereof, under the same terms, restrictions, emption in P the conditions, provisions and regulations, in every respect, as are directed purchase thereof, by the act. entitled ''An act giving the right of pre-emption, in the pur- under the act of chase of lands, to certain settlers in the Illinois Territory," passed Feb- Feb - 5 . 1813. ruary the fifth, one thousand eight hundred and thirteen: Provided, Proviso. That no person 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 repre- Any person, sentatives of any person, entitled to a preference in becoming the pur- &c., settled on a chaser of a tract of land at private sale, according to the provisions of J^ection ^To this act, who is settled on a fractional quarter-section, shall have the^e the ' pr i v i_ privilege of purchasing an adjoining quarter-section, or the fractional lege of purchas- quarter- section, improved by them, at their option. ing an adjoining SEC. 3. And be it further enacted, That, in cases where two or more on where two or persons entitled to the right of pre-emption shall be settled on one more persona quarter, or fractional quarter-section of land, they shall be authorized have the right of to purchase one or more quarter- sections, which, with the quarter-sec- pre-emption, tion, or fractional quarter upon which such persons are settled, shall be equally divided between them, in such manner as the register and re- ceiver shall direct, so as to secure, as far as may be practicable, to each person, their improvements, respectively : Provided, That in no instance Proviso, shall any person be entitled to a preference in the purchase for more than one quarter-section of land, in addition to his portion of the frac- tional quarter-section on which he is settled, (a) SEC. 4. And be it further enacted, That any person, or persons, who Any person set- have settled on and improved any of the lands in the said Territory, re- ^pd on, &c., any served for the use of schools, and who would have had the right of pre- JandsshaU have emption thereto by this law, had not the same been so reserved, shall the right of pre- have the right of pre-emption under the same terms and conditions, and emption, &o. 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 quan- tity can be obtained. (&) (a) See Nos. 1630, 1651, 1652, 1667, 1670, 1672, 1684, 1691, 1692, 1695, 1713, 1714. (b) See Nos. 1642, 1649, 1665, 1668, 1674. No. 1636. AN ACT to confirm the reports of the commissioners for ascertaining April 22, 1826. claims and titles to lands in West Florida, and for other purposes. Vol. 4, p. 156. Be it enacted, <$-c., That all the decisions made by the commissioners, D . . amade appointed to ascertain claims and titles to lands in the district of West t> y t he commis- Florida, made iii favour of claimants to lands and lots in said district, sioners appoint- contained in the reports, opinions, and abstracts, of the commissioners, ed . to ascertain which have been transmitted to the Secretary of the Treasury, accord- f.}^ 8 ' &C w e st ing to law, be, and the same are hereby, confirmed. Florida, confirm- SEC. 2. And ~be it further enacted, That all the reports, abstracts, and ed. opinions, made and forwarded by the two commissioners in said dis- Reports recog- trict, subsequently to the first day of January, eighteen hundred and ed a9 vaM > twenty-five, the period at which that board expired by law, be, and the same are hereby, recognised as valid, and confirmed as aforesaid ; and the said commissioners, and their secretary, shall be entitled to receive the same compensation as they were authorized to demand by law, prior to that day, up to the time at which the receiver and register took possession of their records, in obedience to an act of the third day of March, eighteen hundred and twenty-five, entitled "An act to extend the time tor the settlement of private land claims, in the Territory of Florida," &c. SEC. 3. And be it further enacted, That the Spanish claims contained The Spanish in special reports, from oue to thirty, reported in obedience to the fourth olaims contained section of an act of Congress, approved May eighth, eighteen hundred or ts, P actof May and twenty-two, entitled " An act for ascertaining claims and titles to s, 1822, confiim- lands in the Territory of Florida," be, and the same are hereby, con- ed. firmed to the claimants in possession. SEC. 4. And be it further enacted, That the claims to lots in report and . Claims to lots abstract K, recommended 1'or confirmation as equitable titles, with the in . re Prt, &c., exception of the last ten, be, and the same are hereby, declaied valid J^n, " and confirmed, and the claim of the Catholic inhabitants to a lot on & c . ' 666 FLORIDA. which the church stands, be, and the same is hereby, confirmed to them for that use, so long as it is occupied for that purpose. Claims contain- SEC. 5. And be it further enacted, That the claims contained in the re- ed in the report p Or t of the receiver and register, made to the Secretary of the Treasury, of the register, - n o b e( ji enc e to a law of the last session of Congress, dated the thir- teenth day of July, eighteen hundred and twenty-five, be, and the same are hereby, confirmed. Location of the SEC. 6. And be it further enacted, That the claim of Francisco and claim of Francis- Fernando Moreno, near Fort San Carlos de Barancas, shall be so located co and Fernando ^ not to interfere with the grounds reserved by the laws and ordinances of the Spanish Government, for forts, nor with that which has been lately selected for a navy-yard and naval depot, by the navy commis- sioners, and approved by the President of the United States. Claims to lands SEC. 7. And be it further enacted, That the claims to lots in report L, in report L, with w ith the exception of that on the square Ferdinand Seventh, be, and the exception of tlie game are nere | ) y > approved and confirmed, so far as the United square "rerdi- States have any title to the same, without prejudice to the rights of the nand Seventh, corporation: and the lots reserved for market house and other public confirmed, &c. U8 es, in the plan of the Constitutional Cabildo, are relinquished and confirmed to the corporation of Pensacola ; and the lots reserved and granted for church, parish, vicar, school, and custom-house, are respect- ively set apart and confirmed, for the objects set forth in the decrees of said Cabildo, so far as the United States have any title to the same, Proviso. without prejudice, as aforesaid: Provided, That no claim on the public squares of Seville, Ferdinand Seventh, and the square and garden on which the court-house stands, as laid off in said plan of the Cabildo, Proviso as to shall be allowed or recognised as valid, by this act ; And provided also, certain claims. That the confirmation of all the said claims provided for by this act, Confirmation of shall amount only to a relinquishment forever, on the part of the United all claims to States, of any claim whatever to the tract of land, so confirmed or amount, &c. granted. Lands fronting SEC. 8. And be it further enacted, That the lands fronting Pensacola Pensacola Bay, g ay> from tne mout h of the Big Bayou, to a line below Tartar Point, from sale^orThe an ^ thence back to the Bayou, selected by the navy commissioners, and use of the United all the lands fronting said bay, and for one mile back, as far as the States. Grand Lagoon, shall be reserved from sale or location, for the use of the navy-yard or depot, and for other public works of the United States. Accounts of the SEC. 9. And be it further enacted, That the proper accounting officers commissioners of o f the Treasury Department be, and they are hereby, authorized to re- FJ^rida? )S ceive and adjust the accounts of the commissioners appointed to ascer- tain claims and titles to lands in East and West Florida, for the con- tingent expenses of said commissioners, and to pay the same out of any money in the Treasury not otherwise appropriated, (a) (a) See Xos. 957, 961, 967 1268, 1624, 1629, 1630, 1631, 1633, 1634, 1640, 1641, 1643, 1647, 1677, 1699, 1700, 1701, 1704, 1710. May 4, 1826. No. 1637. AN ACT to authorize the President of the United States to run and VoL 4, p. 157. mark a line dividing the Territory of Florida from the State of Georgia. The President Be it enacted, $c., That the President of the United States of America States % cause ' an< ? k e is hereby, authorized, in conjunction with the constituted to be run and authorities of the State of Georgia, to cause to be run and distinctly marked, the line marked the line dividing the Territory of Florida, from the State of dividing the Ter- Georgia, from the junction of the rivers Chatahoochie and Flint, to rrom T the State 1 of * he head of St> Mar y' 8 River : and for that purpose he is hereby author- Georgia. ize< i to appoint a commissioner, or surveyor, or both, as in his opinion A com mis- may be necessary : Provided, That the line so to be run and marked, sioner to be ap- shall be run straight from the junction of said rivers Chatahoochie and Proviso Flint, to the point designated as the head of St. Mary's River, by the commissioners appointed under the third article of the treaty of friend- ship, limits, and navigation, between the United States of America and the King of Spain, made at San. Lorenzo el Real, on the seven and twentieth day of October, one thousand seven hundred and ninety-five : compensation. And provided, also, That the compensation to be allowed to the person or persons, so to be appointed by the President of the United States, shall not exceed in amount the compensation allowed by the govern- ment of Georgia to the person or persons appointed on its pait, for the same object. FLOKIDA. 667 SEC. 2. And be it further enacted, That the person or persons, so to be Two fair drafts appointed by the President of the United States, with such as have been or maps to be or shall be appointed for the same purpose, on the part of the State of ^j 6 &c ertl Georgia, after they, in conjunction, shall have run and distinctly marked said line, shall make two fair drafts, or maps thereof, both of which shall be certified by them, and one of which shall be deposited in the office of the Secretary of State for the United States, and the other de- livered to the Governor of Georgia. SEC. 3. And be it further enacted, That for the purpose of carrying this Appropriation, act into execution, the sum of five thousand dollars be, and hereby is, appropriated, to be paid out of any money in the Treasury not other- wise appropriated, (a) (a) See Nos. 1499, 1625, 1626, 1627, 1628, 1646, 1673, 1674. No. 1638.- AN ACT for the relief of William Hambly and Edmund Doyle. May 16, 1826. Be it enacted, $c., That; there be granted to William Hambly and Ed- mund Doyle, each, a tract of land of six hundred and forty acres, in one A tract of land body, in lieu of tracts of the same quantity, which they respectively g^u of claimed, and were entitled to by the opinion of the commissioners for ascertaining claims and titles to land in West Florida, situated on the Appalachicola River, and which, by a late treaty with the Indians of the Territory of Florida, were reserved for chiefs, to be located on un- inhabited lands, under the direction of the receiver and register of the land office of West Florida, within twelve months from the passage of this act ; and that they be, respectively, entitled to patents for the same, upon the presentation of certificates of survey thereof, to the Commis- sioner of the General Land Office ; and that, if the location be not made before the survey of the public lands, the said tract shall be bounded by sectional lines : Provided, That this act shall only be considered as a relinquishment of title on the part of the United States. No. 1639. AN ACT to provide for the location of the two townships of land re- Jan. 29, 1827. served for a seminary of learning in the Territory of Florida, and to complete the Vol. 4, p. 201. location of the grant to the Deaf and Dumb Asylum of Kentucky. Tie it enacted, $~c., That the township of land reserved in the district The township of East Florida, by an act of Congress, approved the third day of of land reserved March, one thousand eight hundred and twenty- three, for a seminary j 0rBl . senainar ?,^ of learning, shall be located east of the Appalachicola River, and may dlstrictf'of ^as^ be located in sections corresponding with any of the legal divisions into Florida, by act of ,"U2-,"U x"U ~ -~._i,i' i Ji -_ _ .LI ji j_ _ -i _ t i i i njr n . n .'U <*A -i o.io aforesaid act, so far as it is covered by the claims of those entitled to the right of pre-emption, by the act approved the twenty-second of April, one thousand eight hundred and twenty-six, shall be located in sections upon any unappropriated lands in said district of country, until the amount taken by said interferences shall be satisfied and dis- charged. SEC. 2. And be it further enacted, That the governor and legislative Power given to council of said Territory shall have power to take possession of the the governor to lands granted for the use of schools and for a seminary of learning, and lease the same - to lease the same from year to year ; and the money arising from the rent of said lands shall be appropriated to the use of schools, and the erection of a seminary of learning, in such manner as they may direct; and they shall have power to pass laws for the preservation of said lands from intrusion, and trespass until Florida shall be admitted into the Union as a State, (a) **#***# (a) See Nos. 1630, 1655, 1674. 668 FLORIDA. Pflb 8 1827 No 1640. AN ACT to provide for the confirmation and settlement of private land VoL 4, p 202. claims in East Florida, and for other purposes. Decisions made Be it enacted, fc., That all the decisions made by the commissioners by the commis- appointed to ascertain claims and titles to land in the district of East sioners appointed Fj or id a an d those recommended for confirmation, under the quantity cM a s Ce &c ai toof three thousand five hundred acres, in favour of claimants to lands land ' in East and lots, contained in the reports, abstracts, and opinions, of said corn- Florida, contain- missioners, which have been transmitted to the Secretary of the Treas- ed in their re- urv> accor di Dg to law, and referred by him to Congress, on the twenty- tted to C thele first of February, eighteen hundred and twenty-five, and the twenty- re tary of the first of February, eighteen hundred and twenty-six, be, and the same Treasury, c o n - are hereby, confirmed. SEC. 2. And be it further enacted, That all the conflicting Spanish claims, flictlmTspanish reported in obedience to the fourth section of an act of Congress, ap- claimsconnrmed. proved May the eighth, eighteen hundred and twenty-two, entitled "An act for ascertaining claims and titles to lands in the Territory of Proviso. Florida," be, and the same are hereby confirmed ; Provided, That this confirmation shall only operate as a relinquishment of the title of the Proviso. United States: Provided further, That nothing in the aforegoing sec- tions shall be construed to prevent or bar the judicial decision between persons claiming titles to the lands confirmed. Commons in SEC. 3. And be it further enacted, That the commons in the city of St. the city of Saint Augustine be, and the same are hereby, confirmed to the corporation of taned'fafthe cor- ***<* cit ^' to the 8ame extent that thev were U8ed claimed and enjoyed poration under the Spanish Government. And the parochial church and burying- Parochial ground in possession of the Roman Catholic congregation are confirmed church, &c., con- ^ o them.: and the old Episcopal church lot is, hereby, relinquished and Ola Episcopal confirmed to the Incorporated Episcopal church of St. Augustine : Pro- church lot relin- vided always, That the grants in this section specified shall forever inure quished. to the purposes for which they are confirmed, and shall not be alienated without the consent of Congress. Duty of thesec' SEC. 4. And belt further enacted, That it shall be the duty of the sec- retary of the late retary of the late board of commissioners to deliver over to the receiver ers - and register, to be appointed for the district of East Florida, all records, evidence, and papers, in the possession of said board, relating to claims Duty of the and titles to land, in said district ; and it shall be the duty of said re- register and re- ceiver and register, to examine and decide all claims and titles to land, in East Florida, not heretofore decided by the late board of commis- sioners, subject to the limitations, and in conformity with the provisions of the several acts of Congress providing for the adjustment of private land claims in Florida. Claimants to SEC. 5. And be it further enacted, That the several claimants to land in la inf 8 h V who8 8a id district, whose claims have not been heretofore decided on or filed, been 18 heretofore bef re the late board of commissioners, be permitted to file their claims, decided on, or and the evidence in support of them, with the register and receiver of filed, to file them said district, and evidence in support of those filed before said board, at fore n the 1I l8t of any time before the firet of November next, whose duty it shall be to November next. re P r t the same, with their decision thereon, and those already filed, to the Secretary of the Treasury, on or before the first day of January, one thousand eight hundred and twenty-eight, to be laid before Con- gress at the next session. Receiver and SEC. 6. And be it further enacted, That the receiver and register shall register to re- have power to appoint a clerk, and prescribe his duties ; and the receiver annralcom^ and re g ister 8na11 eacn *>e entitled to receive the sum of fifteen hundred sation, *i,500,and dollars per annum, to be paid quarterly out of any money in the Treas- to appoint a clerk ury not otherwise appropriated, as a full compensation for the per- ^ n^ti f n ryformance of tlieir dnties as receiver and register, and the additional duties required by this act, and shall not be allowed any other fees or commissions whatever ; and the clerk appointed by them shall be al- lowed the sum of one thousand dollars, to be paid quarterly out of any Keepers of the monev in the Treasury not otherwise appropriated. public archives SEC. 7. And be it further enacted, That the keepers of public archives to furnish to the of East and West Florida shall furnish to the surveyor of public lands fk^amhHn Flor-' in Florida > without delay, a description of each claim to laud, which iua, a description 8Da11 nave Deen confirmed, which shall specially designate the quantity, of each claim to locality and connection of such claim ; and where the confirmation may which Tallin! have been made on a g rant r survey, a copy of the courses and dis- mally designate tance8 contained in such grant or survey, and the date of the survey or the quantity, &c., grant ; and it shall be the duty of the surveyor of public lands in Florida, of such claim. to cause, under such instructions as he may receive from the Treasury FLORIDA. 669 Department, the said claims to be surveyed, and connected with the township lines of the public surveys, and to give to them their proper township and sectional numbers, agreeably to such descriptions ; and he shall make separate plats and certificates of survey of the same, one of which shall be returned to the office of the register of the land office for the district in which the land may lie, and the other shall be deliv- ered to the claimant. But it shall be the duty of the surveyor to with- hold his certificate, if he shall have reason to believe that the lands claimed are other lands than those intended to be confirmed; or if it shall appear that the survey, under which the land is claimed, has been made subsequent to the date of the survey under which the claim was con- firmed. SEC. 8. And be it further enacted, That so soon as the said tracts of land Dutyofthe shall have been thus surveyed, and the surveys thereof returned to the re s}?* r to , issue office of the proper register, it shall be the duty of the said register to Sro Jf BtaJ' issue certificates in favour of the claimants entitled thereto ; and, if it ants. shall appear, to the satisfaction of the Commissioner of the General Land Office, that the certificates have been fairly obtained, and corre- spond with the transcripts transmitted to the Secretary of the Treasury, and the plat returned by the surveyor, patents shall be granted, in like manner as is provided by law for the other public lands of the United States. SEC. 9. And be it further enacted, That the surveyor of the public Duty of the lands shall designate on the township plats the claims for which he surveyor. shall have refused to issue his certificates of survey. SEC. 10. And be it further enacted, That the expense of surveying all Expense of claims founded on surveys or grants shall be paid by the United States : Provided, The same shall not exceed four dollars per mile, for every ed states. mile actually run and marked. SEC. 11. And be it further enacted, That no patent shall issue, without Patents. the consent of the parties, for lands, the claims to which may have been confirmed on surveys, which interfere with each other, until a legal decision shall have been had on the same. SEC. 12. And be it further enacted, That the holders of claims over Course to be three thousand five hundred acres, which have been filed with the com- pursued by the missioners, or with the register and receiver of the land office for West over three tS Florida, acting as commissioners for adjudicating on claims, or of claims sand five hun- which have been filed with the commissioners for adjudicating claims dred acres. to land in East Florida, or which, under the provisions of this act, may be filed with the register and receiver of the land office for East Flor- ida, and which claims have not been reported against by the said com- missioners, or by the register and receiver, shall cause the same to be so connected with 'the township lines of the public surveys, and shall fur- nish to the surveyor of the public lands in Florida, such information as will enable him to exhibit, accurately, the said claims on his town- ship plats, and the lands thus claimed shall be reserved from sale : Pro- Proviso. vided, The information required to enable the surveyor to exhibit them on the township plats, shall have been furnished to him within one year after the lines of the townships, within which such claims may lie, shall have been run ; or, where the township lines have already been run, within one year from the passage of this act. SEC. 13. And be it further enacted, That it shall be the duty of the Duty of the register and receiver at Tallahassee, to deliver over to the keeper of the re g is t er an ^ T& - public archives of West Florida, all the records and papers of the late ce board of commissioners for West Florida ; and it shall be the duty of the register and receiver of the land office for East Florida, to deliver to the keeper of the public archives of East Florida, all the records and papers of the late board of commissioners for East Florida, relating to claims confirmed by this act. (a) SEC. 14. And be it further enacted, That it shall be lawful for the The governor governor and legislative council to sell one of the reserved quarter-sec- council &8 io a seU tions of land, near Tallahassee, and apply the proceeds to the erection one of the re- of public buildings ; and it shall be lawful for them to reserve such served quarter- portion of the quarter- section to the town of Tallahassee, contiguous sections of land to the creek and water-fall, as may, in their opinion, contribute to the ^d apply the health and convenience of the inhabitants ; and they shall have power proceeds to the to pass laws for the preservation of, and expulsion from, the other two erection of public reserved quarter-sections, all intruders, and to abate all nuisances ; buildings. which said two reserved quarter-sections shall be reserved for, and vested in, the State, should that Territory ever be erected into one. (&) G70 FLORIDA. Persons whose SEC. 15. And be it further enacted, That the three persons whose im- improvement s pro vements were included in the reserves made to certain Indian chiefs, were included in j n ^ e treaty with the Florida Indians, of the eighteenth of September, t he r rtatoludian one thousand eight hundred and twenty-three, shall be entitled to a pre- chiefs in the eruption to the same quantity of land, in said district, upon the same treaty of Sept, terms and conditions as other pre-emptions, to be located under the di- isth.* ic-i), enti- ration of the receiver and register, upon the production of proof that tion to ? the y would have V een entitled to the provisions of the act granting the quantity of land, right of pre-emption, if the reserves had not been made. (a) See Xos. 957, 961, 967, 1268, 1624, 1629, 1630, 1631, 1633, 1634, 1636, 1641, 1643, 1647, 1677 1699, 1700. 1701. 1704, 1710. (&) See STos. 1632, 1642, 1674. May 23, 1828. No. 1641. AN ACT supplementary to the several acts providing for the settle- Vol. 4. p. 284*. ment and confirmation of private land claims in Florida. The three Be it enacted, $c., That the three claims to land in the district of West claims to land in Florida, contained in the reports of the commissioners, and numbered the district of f onrj eight, and ten, excluding from the latter the land contained in contained inthe certificate, and in the plats A. and C., and the claims contained in the reports of the reports of the commissioners of East Florida, and in the reports of the commissioners, receiver and register, acting as such, made in pursuance of the several "n^io^exc'lud acts of Congress providing for the settlement of private land claims in in<* from the lat- Florida, and recommended for confirmation by said commissioners, and ter the land con- by the register and receiver, be, and the same are hereby, confirmed to tained in certifi- the extent of the quantity contained in one league square, to be located olats A^aml ^ bv tlie claimants, or their agents, within the limits of such claims or &c., confirmed. ' surveys tiled, as aforesaid, before the said commissioners, or receiver and register, which location shall be made within the bounds of the original grant, in quantities of not less than one section, and to be bounded by sectional lines. Xo more than SEC. 2. And be it further enacted, That no more than the quantity of the quantity of acre s contained in a league square, shall be confirmed within the bounds Salla-Squlre of an y one S rant : and no confirmation shall be effectual until all the shall be confirm- parties in interest, under the original grant, shall file with the register ed within the and receiver of the district where the grant may be situated, a full and bounds of any fi na j re lease of all claim to the residue contained in the grant : and DO grant. &c. w bere there shall be any minors incapable of acting within said Terri- tory of Florida, a relinquishment by the legal guardian shall be suffi- cient ; and thereafter the excess in said grants, respectively, shall be liable to be sold as other public lands of the United States. All the deci- SEC. 3. And be it further enacted, That all the decisions made by the sions made by register and receiver of the district of East Florida, acting ex officio, as of thefsSct of commissioners, in pursuance of an act of Congress, approved the eighth East Florida, as of February, one thousand eight hundred and twenty-seven, authorizing commissioners them to ascertain and decide claims and titles to lauds in the district, underlet of Feb. aforesaid, and those recommended for confirmation under the quantity mended' fo^Ton- ^ * nree thousand five hundred acres, contained in the reports, abstracts, firmation, con- and opinions, of the said register and receiver, transmitted to the Secre- firmed. tary of the Treasury, according to law, and referred by him to Congress, on che twenty-ninth January, one thousand eight hundred and twenty- eight, be, and the same are hereby, confirmed. The confirmations au- thorized by this act shall operate only as a release of any claim had by the United States, and not to affect the interest of third persons. Register and SEC. 4. And be it further enacted, That the said register and receiver amfneT d*d ? f & ^^\ continue to examine and decide the remaining claims in East the remain in| Flori . da > 8ub J ect to the 8ame limitations and in conformity with the claims in East provisions of the several acts of Congress, for the adjustment of private Florida, &c. land claims in Florida, until the first Monday in December next, when they shall make a final report of all the claims, aforesaid, in said dis- trict, to the Secretary of the Treasury; audit shall never be lawful, after that time, for any of the claimants to exhibit any further evidence in support of said claims. And the said register and receiver, and clerk, shall receive the compensation provided in the act aforesaid, to be paid out of any money in the Treasury not otherwise appropriated : Prorided, That the extra compensation of one thousand dollars, each, which is hereby allowed to the register and receiver, for services under and by the provisions of this act, shall not be paid until a report of all the claims be made to the Secretary of the Treasury. FLORIDA. 671 SEC. 5. And be it further enacted, That the proper accounting officers Accounting of the Treasury be, and they are hereby, authorize to adjust and pay the officers of the accounts of the register and receiver, acting as commissioners, their con- j^J^Jf t ^ e Jj tingent expenses, and the receiver the compensation heretofore allowed coun t s O f thereg- for bringing their reports to Washington, out of any money in the later and receiv- Treasury not otherwise appropriated. er > &c - SEC. 6. And be it further enacted, That all claims to land within the Claims not de- Territory of Florida, embraced by the treaty between Spain and the ^titd by the United States of the twenty-second of February, one thousand eight commissioners to hundred and nineteen, which shall not be decided and finally settled be decided by the under the foregoing provisions of this act, containing a greater quantity judge of the su- of land than the commissioners were authorized to decide, and above ^"district the amount confirmed by this act: and which have not been reported, as antedated or forged by said commissioners, or register and receiver acting as such, shall be received and adjudicated, by the judge of the superior court of the district within which the land lies, upon the peti- tion of the claimant, according to the forms, rules, regulations, condi- tions, restrictions, and limitations prescribed to the district judge, and claimants in the State of Missouri, by act of Congress, approved May twenty-sixth, eighteen hundred and twenty-four, entitled "An act en- abling the claimants to lands within the limits of the State of Missouri, and Territory of Arkansas, to institute proceedings to^try the validity of their claims :" Provided, That nothing in this section shall be con- Proviso, strued to authorize said judges to take cognisance of any claim annulled by the said treaty, or the decree ratifying the same by the King of Spain, nor any claim not presented to the commissioners or register and receiver, in conformity to the several acts of Congress, providing for the settlement of private land claims in Florida. SEC. 7. And be it further enacted, That it shall be lawful for the Claimant may claimants to lands, as aforesaid, to take an appeal, as directed in the appeal to the Su- act aforesaid, from the decision of the judge of the district, to the Su- Preme Court of preme Court of the United States, within four months after the decision states "within shall be pronounced ; and the said judges shall each be entitled to re- four months after ceive the extra compensation given to the district judge of Missouri, for the decision shall the performance of the duties required by this act, out of any money in *| e pronounced, the Treasury not otherwise appropriated. SEC. 8. And be it further enacted, That so much of the said act, the Costs, provisions of which, so far as they are applicable, and are not altered by this act, are hereby extended to the Territory of Florida, as subjects the claimants to the payment of costs in any case where the decision may be in favour of their claims, be, and the same is hereby, repealed ; and the costs shall abide the decision of the cause as in ordinary causes before the said court. And so much of the said act as requires the Repeal of cer- claimants to make adverse claimants parties to their suits, or to show tain provisions, the court what adverse claimants there may be to the land claimed of the United States, be also hereby repealed. SEC. 9. And be it further enacted, That it shall be the duty of the at- Attorney o f torney of the United States for the district in which the suits authorized t h e U n i ted by this act shall be instituted, in every case where the decision is Strict inwhich against the United States, to make out and transmit to the Attorney- the suits author- General of the United States, a statement, containing the facts of the ized by this act case, and the points of law on which the same was decided : and it shall ^all be institut - be the duty of the Attorney-General, in all cases where the claim exceeds ^ere ^he^d^ci^ one league square, and in all other cases, if he shall in such latter cases 8 i n is against think the decision of the district judge is erroneous, to direct an appeal the United to be made to the Supreme Court of the United States, and to appear St t te8| d ^JJjSt for the United States, and prosecute such appeal : which appeal in be- ^ the Attorney- half of the United States may be granted at any time within six months General a state- after the rendition of the judment appealed from, or at any time before ment containing the expiration of the term thereof, which may commence next after the tne P|; S of expiration of said six months ; and it shall be the further duty of the dis- trict attorney to observe the instruction given to him by the Attorney- General in that respect. SEC. 10. And be it further enacted, That it shall be lawful for the Pres- The President ident of the United States to appoint a law agent, whose special duty it of the United shall be to superintend the interests of the United States in the premises, ta s ^eSt.to to continue him in place as long as the public interest requires his con- superintend, &c. tinuance; and to allow such pay to the agent as the President may think reasonable. It shall also be the duty of said agent to collect tes- Duty of the timony in behalf of the United States, and to attend, on all occasions, agent. (,72 FLORIDA. when said claimants may take depositions ; and no deposition so taken by them shall be read as evidence, unless said agent or district attorney shall have been notified, in writing, of the time and place of taking them, so long previotfs to said time as to afford to him an opportunity of being present. The President SEC. 11. And be It further enacted, That it shall be lawful for the to appoint assist- President to employ assistant counsel, if in his opinion the public in- ant counsel. terest shall require the same : and to allow to such counsel and the dis- trict attorney, such compensation as he may think reasonable. Claims to lands, SEC. 12. And be it further enacted, That any claims to lands, tone- Ac., within the m ents, or hereditaments, within the purview of this act, which shall purview of this not be Drou ght by petition before said court within one year from the redafteM.Se pas- passage of this act, or which, after being brought before said court, sage of this act, shall, on account of the neglect or delay of the claimant, not be prose- if,&c. cuted to a final decision within two years, shall be forever barred, both at law and in equity ; and no other action at common law, or proceed- ing in equity, shall ever thereafter be sustained in any court whatever. Decrees ren- SEC. 13, And be it further enacted, That the decrees which may be ren- dered by said dis- dered by said district, or the Supreme Court of the United States, shall C^rt^TJ nTtTd be conclusive between the United States and the said claimants only, States to be con- and shall not affect the interest of third persons, (a) elusive, &c. ( a ) See Nos. 957, 961, 967, 1268, 1624, 1629, 1630, 1631, 1633, 1634, 1636, 1640, 1643, 1647, 1677, 1699, 1700, 1701, 1704, 1710. March 2, 1829. IVo. 1 642. AN" ACT to authorize the establishment of a town, on land reserved for VoL 4, p. 357. the use of schools, and to direct the manner of disposing of certain reserved quart er- _ sections^of laud for the seat of government in Florida. Certain voters Be it enacted, #c., That it shall and may be lawful for the qualified in Jackson Conn- voters in township five, range eleven, north and west, in the county of eTect com^nis^ Jackson, in the Territory of Florida, to elect, in such manner as may be eect comnis , , , sioners to lay off directed by the county court of said county, three fit and discreet com- a town on school missioners, who shall be, and they are hereby, authorized, by and with lands, &c. tne consent of the voters of said township, to be obtained in such man- ner as the said county court shall direct, to lay off and establish a town on one quarter or two adjoining eighths of the sixteenth section of the township and range aforesaid, reserved by law for the use of schools, To sell half the and to make sale of one-half of the lots at public auction ; and the money lots, &c. arising from said sales shall be paid into the Territorial treasury, for the For benefit of sole use and benefit of common schools in said township, which said schools. sum shall be subject to such laws as may hereafter be passed, for form- ing a permanent fund from the said reserved lands, for the support of ( ommissioners common schools ; and the said commissioners shall give bond and secu- to give bond and rity, to the satisfaction of the ounty court, for the performance of the duties under this act, and the payment of the money arising from the sales of the lots as aforesaid, (a) Certain re- SEC. 2. And be it further enacted, That the following quarter-sections served lands of land which have been heretofore reserved from sale, to wit: the 3r ' northeast and northwest quarters of section thirty-six, in township one, of range one, north and west ; the northeast, southwest, and southeast quarters of section one, in township one, of range one, south and west ; and the southwest quarter of section six, in township one, of range one, south and east, shall be granted to the Territory of Florida. Governor and SEC. 3. And be it further enacted, That the governor and legislative council to select council of Florida, or a majority of them, be, and hereby are, authorized tions q &c ! ~ to 8elect an y two of tue aforesaid quarter-sections of land, to be reserved for, and vested in, the State, should the Territory of Florida ever be erected into one, in conformity to the provisions of the fourteenth sec- tion of the act passed on the eighth of February, one thousand eight Residue to be hundred and twenty -seven ; and the residue of the above-described sold, &c. quarter-sections of land, or any part thereof, including so much of the northeast quarter of section one, in township one, of range one, eouth and west, contiguous to the creek and water-fall, as shall not be re- served, agreeably to the provisions of the act above mentioned, for the town of Tallahassee, shall be sold in such manner, and at such time, as Proceeds ap- the governor and legislative council of Florida may deem proper, and WM- t0 - pU T h i C tne Proceeds applied to the erection of public buildings in Tallahassee; lahassef an y act or acts to the contrary notwithstanding. (6) (a) SeeNos. 1635, 1649, 1665, 1668, 1G74, (6) See Kos. 1632, 1640, 1674. FLORIDA. 673 No. 1643. AN ACT to provide for the final settlement of land claims in Florida. May 26, 1830. Be it enacted, #c., That all the claims and titles to land filed before ' p ' 1__ the register and receiver of the land office, acting as commissioners, in Certain claims the district of East Florida, under the quantity contained in one league o n armed, ex- square, which have been decided and recommended for confirmation, contained in the reports, abstracts and opinions, of said register and receiver, transmitted to the Secretary of the Treasury, according to law, and referred by him to Congress, on the fourteenth day of Janu- ary, one thousand eight hundred and thirty, be, and the same are hereby confirmed, with the exception of such claims as were confirmed by the Spanish Government, subsequent to the twenty-fourth of January, one thousand eight hundred and eighteen, which shall be re-examined and Keport ^ be reported, with the evidence by the register and receiver, before the next i a ia before Con- session of Congress, to the Secretary of the Treasury, to be laid before gress. Congress. SEC. 2. And be it further enacted, That all the conflicting Spanish Conflicting claims, reported in obedience to the fourth section of the act of Con- Spanish claims gress, approved May the eighth, one thousand eight hundred and twenty- co two, and recommended for confirmation as valid titles, be, and the same are hereby, confirmed, so far as the United States have any title to the same. SEC. 3. And be it further enacted, That all claims derived from the Certain other former British Government, contained in the reports of the commission- claims confirmed, ers of East Florida, or the register and receiver, acting as such, who did not avail themselves of the provisions of the treaty between Spain and England, signed at Versailles on the twentieth of January, one thousand seven hundred and eighty-three, by leaving said province, but who remained in the same, and became Spanish subjects, and whose titles were approved by the Spanish authorities, and have been recommended for confirmation by said commissioners, or register and receiver, acting as such, be, and the same are hereby, confirmed. SEC. 4. And be it further enacted, That all the remaining claims which Remaining have been presented according to law, and not finally acted upon, shall claims to be set- be adjudicated and finally settled upon the same conditions, restrictions, t * et *' and limitations, in every respect, as are prescribed by the act of Con- gress, approved twenty-third May, one thousand eight hundred and twenty- eight, entitled "An act supplementary to the several acts pro- viding for the settlement and confirmation o'f private land claims in Florida." SEC. 5. And be it further enacted, That it shall be the duty of the reg- Disposition of ister and receiver to deliver over all papers relative to private land papers relative claims in East Florida to the keeper of the public archives. SEC. 6. And be it further enacted, That all confirmations of land titles, Operation of under this act, shall only operate as a relinquishment of the right of confirmation, the United States to the said lands respectively, and shall not be con- strued either as a guarantee of any such titles, or in any manner affect- ing the rights of other persons to the same lands. SEC. 7. And be it further enacted, That so much of the act of twenty-third of May, one thousand eight hundred and twenty-eight, as directed that the selection of claimants who availed themselves of the first section of said act by accepting a quantity equal to one league square within their respective grants, which confined the selection to sectional lines, shall not be held to extend to the selection by the claimants of a greater quantity than a section, but the said claimants who have, or may here- after select, under the provisions of said law, any quantity equal to the amount granted in bodies larger than a section in the form of any Span- ish survey, or plat of survey, or where the sections are broken by any river, the said land so selected, or which may ba so selected, is hereby confirmed to said claimants ; and it shall be the duty of the surveyor- general to make a survey and certificate of all such claims, to return the same to the Commissioner of the General Land Office, and thereupon a Eatent shall issue to the original grantee, or to his assignee, if the land as been sold or transferred to any other person, or to the legal owner by purchase or descent. SEC. 8. And be it further enacted, That the claimants, who are entitled Time for relin- to the provisions of that act, or who may avail themselves of the fore- quishment er- going provisions of this act, by taking a quantity equal to a league tended, square in lieu of the whole grant, shall be, and they are hereby, allowed the further time of one year, from the passage of this act, to execute 43 L O VOL II 674 FLORIDA. Title deeds. Ma; their relinquishments, and to file their acceptance of the-provisions of SEC. 9.' And le it further enacted, That it shall be the duty of the reg- isters and receivers to restore to the claimants the title deeds on which they may have finally rejected the claims, (a) (a) SeeNos. 957, 961, 967, 1268, 1624, 1623, 1630, 1631, 1633, 1634, 1636, 1640, 1641, 1647, 1677, 1699,1700,1701,1704,1710. May sw, is-iu Vol. 6, p. 444. No. 1644. AN ACT for the relief of Alexander Love. e n enacted, #c., That Alexander Love be, and he is hereby, con- Land title con- nrme d in his title to two thousand arpents of land situated on the east rmed< side of the river Perdido, in the Territory of Florida, to be located ac- cording to a plat and survey made of the same, on the tenth of April, eighteen hundred and twenty-one. And the Commissioner of the Gen- eral Land Office, upon being presented with a plat and survey of said land, regularly made as aforesaid, shall issue a patent therefor : Pro- vided, That this act shall amount only to a reliuquishment on the part of the United States, and shall in no manner affect the rights of third persons, or claim derived from the United States by purchase or dona- firmed Proviso. tion. March 2, 1831. No. 1645. AN ACT to authorize the Territory of Florida to open a canal through VoL 4, p. 474. the public lands between Chipola River and Saint Andrew's Bay, in West Florida. Condition. Canal route Be it enacted, #c., That the Territory of Florida be, and is hereby, granted. authorized to survey and mark, through the public lands of the United States, the route of a canal, by which to connect the navigation of the river Chipola and Saint Andrew's Bay, in West Florida, and to cut the same through the public lands; and ninety feet of land on each side of said canal shall be reserved from sale on the part of the United States, and the use thereof be for ever vested in the Territory, or such company as shall be organized by them, for a canal, and for no other purpose whatever. SEC. 2. And le it further enacted, That if the said Territory shall not survey, and direct by law, said canal to be opened, and furnish the Commissioner of the General Land Office a map thereof, within two years from and after the date of this act, or if the said canal be not completed suitably for navigation within five years thereafter, or if said land hereby granted shall ever cease to be used and occupied for the purpose of constructing and keeping in repair a canal suitable for navigation, the reservation and grant aforesaid shall be void and of no effect : Provided, That nothing in this act contained, or that shall be done in pursuance thereof, shall be deemed to imply any obligation, on the part of the United States, to appropriate money to defray the ex- pense of surveying or opening said canal : And provided likewise, That the said canal when completed by said Territory, or by an incorpo- rated company under the authority of the same, shall be, and for ever remain, a public highway for the use of the Government of the United States, free from any toll or charge whatever, for any property of the United States, or persons in their service on public business passing through the same. Adjacentlands. SEC. 3. And le it further enacted, That every section of land through which said canal route may pass, shall be, and the same is hereby, re- served from sale under the direction of the Government of the United States, until hereafter specially directed by law ; and the said Terri- tory, or company incorporated by them, are hereby authorized, without waste, to use any materials on the public lands adjacent to said canal that may be necessary to its construction. Other canal SEC. 4. And be it further enacted, That the said Territory, or any in- route granted, corporated company under their authority, be, and they are hereby, authorized to open through the public lands of the United States, a canal from Matanzas to Halifax River, in East Florida, upon the same conditions, restrictions and limitations, in every respect, as are pre- scribed in the foregoing provisions of this act; and the same lands shall be reserved, in like manner, for the objects specified, and for no other. Proviso. Proviso. FLORIDA. 675 No. 1 646. AN ACT to ascertain and mark the line between the State of Alabama March 2, 1831. and the Territory of Florida, * * * and for other purposes. Vol. 4, p. 479. [See ALABAMA, No. 1499.] No. 1647. AN ACT to direct the manner of issuing patents on confirmed land Jan. 23, 1832. claims in the Territory of Florida. Vol. 4, p. 496. Be U enacted, #c., That all patents that are, or may be, by law, di- Patenta may rected to be issued on private land claims confirmed by the conimis- be issued to the eioners of private land claims, and by the several acts of Congress ap- present owner, proving their reports and confirming the titles to lands in the Territory of Florida, shall be, and they are hereby, required to be issued to the confirmees, or to the assignee, or present owner, where the land has been sold or transferred since the confirmation of the title; and it shall be the duty of the Commissioner of the General Land Office, upon the production of satisfactory proof of the death of the confirmee, or upon the production of a regular chain of title from the confirmee, to cause the patent to be issued to the heirs, and legal representatives, or to the assignees of the confirmee, as the case may be. (a) (a) See Nos. 957, 961, 967, 1268, 1624, 1629, 1630, 1631, 1633, 1634,1636, 1640, 1641,1643, 1677, 1699, 1700, 1701, 1704, 1710. No. 1 648. AN ACT making provision for the sale and disposition of the public June 28, 1832. grounds in the cities of St. Augustine and Pensacola, and to reserve certain lots Vol. 4, p. 550. and buildings for public purposes, and to provide for their repair and preserva- tion. Be it enacted, #c., That the President of the United States be, and he . Lots and build- is hereby, required to cause to be selected such of the lots and buildings e^forthe^seof in the city of St. Augustine and of Pensacola, as may, in his opinion, the United be needed for public purposes ; which, when so selected, shall be kept States, for the use of the United States ; and when the selection shall have been made of such lots or buildings, it shall be the duty of the Secretary of Public and pri- the Treasury to cause to be surveyed all the public and private lots and vate lots, &c. commons in and about the said cities ; one copy of which survey shall copies of sur- be lodged in the land offices in which the respective places are situated, vey. and the other copy delivered to the city authorities, to be there kept and preserved as other records pertaining to the corporations of said cities. SEC. 2. And ~be it further enacted, That the lots, buildings, and com- Sale of certain mons, not so set apart or needed for public purposes, shall at such time, and common^Iu- and in such proportions or sizes as may be deemed most advisable and thorized. conducive to the interest of the United States and the said cities, be sold at public auction as other public lands, and the money arising from the sales paid into the Treasury of the United States : Provided, That Proviso, nothing herein shall be so construed as to authorize the sale of any lot or parts of lots, or other grounds which have been by the laws of Spain or the United States vested, in the corporations of said towns, or which have been set apart for churches or burying-grounds by the laws afore- said, or by any ordinance of the corporate authorities of the said cities. SEC. 3. And le it further enacted, That the title to the lot of ground in Grant of lot St. Augustine, known as the Old or Burnt Hospital Lot, with all its ap- whereon to erect purtenances, be. and the same is hereby, vested in the mayor of St. purpose? of "eaS Augustine, and his successor for ever, in trust, for the purpose of erect- cation, ing thereon, by the local authorities of St. Augustine, buildings neces- sary for the education of free white children of both sexes. SEC. 4. And be it further enacted, That the President shall cause the Buildings s e - buildings which may be selected for public purposes under this act, to lected for public be refitted and repaired fit for use, and the better to preserve them from pur P.!^ s & * ruin and dilapidation, for which purpose, the sum of five thousand dol- Appropriation. lars is hereby appropriated, out of any money in the Treasury not other- wise appropriated. No. 1649. AN ACT to authorize the disposition of the fund arising from the sale July i4 > ig32. of a quarter- section of land, reserved for the use of schools, in Florida. vol. 4, p. 601. Be it enacted, #c., That the commissioners elected by the qualified voters in township five, range eleven, north and west, in the county of , , , uthrzeito Jackson, in the Territory of Florida, in obedience to an act of Congress, v ^ t m0 ney aris- entitled "An act to authorize the establishment of a town on land re- ing from sale of served for the use of schools, &c.," approved the second of March, one certain laud in 676 FLORIDA. eorne productive thousand eight hundred and twenty-nine, be, and they are hereby, au- fund. thorized to vest the money arising from the sale in said act authorized, Proceeds to be . gome prO( i uc tive fund under the authority of the governor and legis- mon schools. 00111 " lative council of the Territory, the proceeds of which shall for ever be applied to common schools in said township. rom i,,inTrfl SEC. 2. And be it further enacted, That the said commissioners be, and authSdtoseUthey are hereby authorized to make sale of the remainder of said lots to remainder of lots, be applied to the objects aforesaid ; and all provisions of the act af ore- Ac. sa j ( j > inconsistent with this act, be, and the same are hereby repealed : Proviso Provided, That the governor and legislative council of said Territory au- thorize such sale, with the assent of the majority of the inhabitants of said township, (a) (a) See Nos. 1635, 1642, 1665, 1668, 1774. Julv 14 1832. No. 1650. AN ACT for the relief of Mary Daws, Eobert Bond, James Patridge, Vol 6 p 52?T an( ^ John G. Smith. Certain per- Be it enacted, #c., That the said Mary Daws, Robert Bond, James sons, upon sur- Patridge and John G. Smith, who respectively, did cultivate and inhabit render of im- i an ds within the Territory of Florida, previous to the first day of Jan- P Ttl D d ei to' t0 r 6 uar y> one thousand eight hundred- and twenty-five, and would have emption riglaij been entitled to pre-emption rights therefor, under the provisions of an &c. ' act of Congress of the twenty-second day of April, one thousand eight hundred and twenty-six, entitled "An act giving the right of pre-emp- tion, in the purchase of lands, to certain settlers in the States of Ala- bama, Mississippi, and Territory of Florida ; " had not the lands by them so cultivated and inhabited, in manner aforesaid, fallen within the reservations made by the treaty with the Florida Indians on the eighteenth day of April, one thousand eight hundred and twenty- three, shall be and each of them, upon surrendering their respective improve- ments, are hereby entitled to a pre-emptum right for a quarter-section of land, in the district for the sale of lands, including the improvement, upon paying therefor, at the time of entry, one dollar and twenty- five cents per acre, to the receiver of public moneys at the land office in said district, which pre-emption rights shall be located in the manner pointed out in the above-recited act, and the act therein referred to. March 2, 1833. No. 1651. AN ACT to establish a town at St. Marks, in Florida. Vol. 4, p. 664. BG ^ enacted ^ ^ That the p r e 8 ident of the United States be, and he Lands to be is hereby, authorized to cause so much of the public lands at or near iid off into town g t; Marks, in the Territory of Florida, as he may deem proper, to be laid off into town lots, not to contain more than one-quarter of an acre each, and into streets, avenues, and out-lots, and public squares, for tho use of the town ; and, whenever the survey of the same shall be completed, it shall be the duty of the surveyor for the Territory of Florida, to cause two plats thereof to be made out, on which the town and out-lots shall respectively be designated by progressive numbers ; one of which shall be transmitted, with a copy of the field-notes, to the Commissioner of the General Land Office, and the other to the reg- ister of the land office for the proper, district : Provided, That the Presi- Plan. dent may adopt, if he shall approve such plan as may have been already reported to the General Land Office. Public sale of SEC. 2. And be it further enacted, That the aforesaid town and out- lots, lots at said site, with the exception of such of them as the President may reserve for fortifications, shall be offered for sale to the highest bidder, under the direction of the register and receiver of the proper land office, at such times and places as the President shall, by public procla- mation, designate for that purpose ; and all lots remaining unsold at Private entry, the closing of the public sales shall be subject to entry at private sale Prices limited. at the P r P er land office : Provided, That no town lot shall be sold for ' less than twenty-five dollars, nor any out-lot for less than at the rate of twenty- five dollars per acre ; and they shall, in every other respect, be sold on the same terms and conditions as are provided for the dispo- sal of the other public lands of the United States. Improvements SEC. 3. And be it further enacted, That previous to offering the afore- and'out-lots at public sale, the President of the United States to be paid for. said town" FLORIDA. 677 shall cause the value of any improvements which may have been made thereon to be ascertained in such manner as he may prescribe for that purpose ; and the purchaser at public sale of any lot upon which there are such improvements, other than the owner thereof, shall, in addition to the sum to be paid to the United States, be, and hereby is, required to pay to the owner of the improvements, the value of them as thus ascertained ; and, if payment therefor shall not be made upon the day Paym ent on on which the same was purchased, the lot shall be again offered at pub- day of sale, &o. lie sale on the next day of sale, and such persons shall not be capable of becoming the purchaser of that or of any other lot offered at that public sale : Provided, That, if any lot so offered and bid off on the last day of the public sale shall not be thus paid for, the same may be en- tered at private sale, upon paying to the United States the sum at which it was bid off, and to the owner of the improvements the previously ascertained value thereof: And provided further, That the President be not authorized to offer any part of said town lots for sale, till he shall ^tii, &c. be satisfied that the site proposed for said town is not included within the limits of any conflicting Spanish title, which may not be released, or decided to be invalid, (a} (a) See Nos. 1630, 1635, 1652, 1667, 1670, 1672, 1684, 1691, 1692, 1695, 1713, 1714. No. 1652. AN ACT to authorize the sale of lots in the town of St. Mark's, in June 30, 1834. Florida. Vol. 4, p. 727. Be it enacted, fa., That the President of the United States be, and he Register and is hereby, authorized to direct the register and receiver of the Talla- receiver to sell, hassee laud district to make sale, at public auction, of one-fourth of the lots in the town of St. Mark's, in the Territory of Florida, according to the plan of the surveyor-general of said Territory, as soon as practi- cable after the passage of this act, upon giving two months' public notice of the said sale, (a) (a) See Nos. 1630, 1635, 1651, 1667, 1670, 1672, 1684, 1691, 1692, 1695, 1713, 1714. No. 1653. AN ACT for the benefit of the heirs at law of the representatives of June 30, 1834. William Gr. Christopher, deceased. Vol. 6, p. 586. Be it enacted, fa., That the heirs at law of William G. Christopher, Land claim deceased, be confirmed in their title and claim to six hundred and forty confirmed, acres of land at Point Hazard, on Bell's River, on the coast of East Florida ; to be so located as to include the improvements occupied by their ancestor, the said William G. Christopher : Provided, however, That Proviso, this act shall be construed to extend only to a relinquishment of the title of the United States to the said land, and shall not operate to the prejudice of the claims of any other person or persons. No. 1654, AN ACT to authorize the construction of a railroad upon the public March 3, 1835. lands, from Tallahassee to St. Marks, in Florida. Vol. 4, p. 778. Be it enacted, fa, That the president, directors, and stockholders or- Authority to ganized in virtue of an act of incorporation from the governor and leg- construct road, islative council of the Territory of Florida, be, and they are hereby, authorized to construct said road upon the public lands of the United States, so far as the line of said road has been or shall be made to pass through the same. SEC. 2. And be it further enacted, That there be granted to the said Land and tim- railroad company, the land over which the said road shall pass, andber granted to thirty feet on each side of the same ; and the said company shall have the com P an y- the privilege of using the timber on the public lands, for one hundred yards on each side of said railroad, in the construction and repair of said road. SEC. 3. And be it further enacted, That there shall be, and is hereby, Ten acres of granted to the said railroad company, ten acres of land, at the junction land granted, at of the St. Marks and Waculla rivers, (the point where the road termi- Jo nates,) exclusive of such portions as shall be actually improved by indi- viduals, and now in their occupancy, and also exclusive of such portions as, in the opinion of the President, it may be expedient to preserve for 678 FLORIDA. Proviso. the national defence, or other public use : Provided, nevertheless, That the several grants contained in this act, shall revert to the Government of the United States, unless the said railroad be begun in five years from the passage of this act, and completed within ten years there- Provisions to & SEC. 4. And le it further enacted, That the foregoing provisions shall extend to two extend to two companies organized under the authority of acts of the companies au- legislature of Alabama, and of the governor and legislative council of thorized by acts t ^ T err it; Or y o f Florida, for a railroad from Pensacola to the Chata- Florida hoochee River near Columbus in Georgia, and to such other point des- ignated in the act of the legislature of Alabama, in said State: P ex And also, another railroad authorized by acts of the legislature of the tendedto rail- State of Georgia, and the Territory of Florida, from the Saint John's road authorized River in East Florida, to the Suwanee River in said Territory, or to by acts of Geor- y acasO in Bay, at the mouth of said river. And all the rights, privileges and authority conferred in the first and second sections of this act shall extend to the said companies men- tioned in this section ; and subject to the proviso of the third section, as to the time within which the railroads shall be commenced and com- pleted, (a) (a) See Nos. 1621, 1658, 1659, 1682. 1690, 1691, 1703, 1706, 1707, 1709, 1712. Jalv 1 18^6. No. 1655. AN ACT to authorize the governor and legislative council of the Ter- Volf 5 'p. 63. ritory of Florida, to sell the lands heretofore reserved for the benefit of a general ' ' ' seminary of learning in said Territory. Lands hereto- Be it enacted, #c., That the governor and legislative council of the fore re serve d Territory of Florida shall be, and they are hereby, authorized to sell old ' and convey, in fee-simple, for the benefit of the University of Florida, of which, Joseph M. White, R. K. Call, Thomas Randall, John G. Gam- ble, Thomas Eston Randolph, Louis M. Goldsborough, Ben. Chaires, Turbutt R. Betton, F. Eppes, E. Loockerman, Fitch W. Taylor, J. Lor- ing Woart, Ashbeel Steel, and J. Edwin Stewart are trustees, any part not exceeding one-half of the two townships of land heretofore reserved and appropriated by Congress for the establishment and support of a seminary of learning in the Territory of Florida, and to appropriate so much of the money arising from the sale thereof, as may be deemed ex- pedient for the erection of commodious and durable buildings for said university ; for the purchase of apparatus, and whatever else may be suitable for such university ; and to invest the remainder in some pro- ductive funds, the proceeds of which shall be devoted for ever to the benefit of said University of Florida, (a) (a) See Nos. 1630, 1639, 1674. July 2, 1836. No. 1656. AN ACT to confirm the title of the heirs of M. de la Carera to a tract of Vol. 6, p. 673. land. Grant of land Be it enacted, $c., That a gratuitous grant of seven hundred and confirmed. ninety-eight arpens of land, situated on the Escambia River, in West Florida, made by the Inten^ant, General Morales, on the fifth of May, one thousand eight hundred and nine, to Milan de la Carera, be, and the same is hereby, confirmed to the heirs or legal representatives of Proviso. said Carera : Provided, That this confirmation shall only operate as a relinquishment of the title of the United States. July 2, 1836. No. 1657.- AN ACT for the relief of Duncan L. Clinch. VoL 6, p. 676. Be it enacted, $c., That Duncan L. Clinch ard John H. Mclntosh, , ., . . , to assignees of George J. F. Clarke, be authorized to enter, at the minimum er s ol erner s ol price ^ which th ) ) containing three thousand acres, in Cones' or Moody hammock, south of Mizzell's lagoon, west of the river St. John, upon which they have made their settlements under a grant from Don Jose Coppinger, gov- ernor of that province, dated sixth of April, eighteen hundred and six- teen ; and a survey made by Don Andres Burgevin, bearing date the twelfth day of March, eighteen hundred and nineteen, in lieu of ttfe same quantity of land confirmed to them in another place by the decree FLORIDA. 679 of the Supreme Court, at January term, eighteen hundred and thirty-four, in the case of George J. F. Clarke against the United States, upon their filing in the office of the register of public lands for the district of East Florida, a relinquishment of all their right, title, claim, and demand, in and to the land last mentioned. No. 1658. AN ACT to authorize certain railroad companies to con struct railroads Jan. 31, 1837. through the public lands in the Territory of Florida. Vol. 5, p. 144. Be it enacted, fc., That the East Florida Railroad Company, a corpo- East Florida ration established by an act of the governor and legislative council of Railroad Compa- the Territory of Florida, approved the fourteenth of February, anno Kte andcoS Domini eighteen hundred and thirty -five, be, and they hereby are, struct a railroad] authorized to locate and construct a railroad on the following route, to commencing on wit : commencing on the St. John's River and thence in the most con- *? St. John's venient and suitable direction to Tallahassee or the waters of St. Mark's Klver > &c - River or Bay, on the Gulf of Mexico, or to any other point east of or between the St. Mark's and Appalachicola rivers, which may be selected by said company. SEC. 2. And be it further enacted, That the said company is further May pass over authorized, wherever said route shall pass over the public lands of the tne public lands. United States, to locate the same thereon, eighty feet wide ; which said location, if made according to the true intent and meaning of this act, shall be enjoyed by said company so long as they maintain the said road for the public accommodation. SEC. 3. And be it further enacted, That the said company shall have Timber, &o., the right to take from the said public lands, timber, stone, and earth, whenever it may be convenient for the construction of any part of said way running through the same ; also to deposite and leave such mate- rials upon such lands, whenever it maybe necessary ; also, to cut drains, where necessary, through the same ; and during the period of the con- struction of said way, to occupy said lands along said route, doing as little injury thereto as may be. SEC. 4. And be it further enacted, That to entitle the said company to Conditions to the enjoyment of the privileges herein provided for, they shall comply be complied with with the following conditions, to wit : by said company. First, They shall cause the said route, whenever it passes over the public lands, to be surveyed, and the location of the way to be accu- rately delineated in their proper connexion, and a map thereof, and a copy of the locations, to be returned and deposited in the General Land Office, within six months from the date of the final location of the said road. Second, They shall cause permanent monuments to be erected along said route, conforming to such locations and maps, defining the limits of the way. Third, Wherever the said railway shall intersect a highway or travelled way on the public lands, that way or ways shall be left un- obstructed. Fourth, Wherever it shall cross a stream or low grounds, such pro- vision shall be made for draining off the water as to leave the said pub- lic lands uninjured by said railway. Fifth, They shall complete the said way within the time provided for in the act of incorporation. Sixth, Said location of said way shall be considered and treated as open way, and be kept up as such, and the lands abutting thereon shall be considered as abutting upon a public way. SEC. 5. And le it further enacted, That the sections and quarter-sec- p u biic lands to tions of public lands over which the said road may pass, shal-1 be re- be reserved by served by the United States for two years after the final location of* he United the said way ; and to this end the said company shall, as soon as they bt te>8) &c * have resolved to survey or examine any route, give notice to the register Notice to be passes, which said last-mentioned lands shall be reserved as aforesaid from sale: Provided, That neither the said company nor any other Proviso, person shall be authorized to settle on the said reserved sections or quarter-sections ; and no person so settling shall acquire thereby a pre- 680 FLORIDA. emptive right or claim to the said reserved lands, or to any part thereof; and if said company shall fail to give prompt and seasonable notice in both the above cases, they shall forfeit their privileges under this act. Time for mak- SEC. G. And le it further enacted, That the time for making the sur- ing surveys, &c., vev8 a nd commencing the work, as prescribed in the said act of incor- poration, be, and the same is hereby, extended for one year after the passage of this act. Governor, &c., SEC. 7. And le it further enacted, That it shall be lawful for the gov- may provide by ernor an( i legislative council of the said Territory, or for the legislature of struc^onof rail- tne State of Florida hereafter, to provide by law for the construction of roads to cross or railroads from the Appalachicola River, or from any other point, to cross intersect, &c. or intersect the above-mentioned railroad, from the Georgia State line to the Gulf of Mexico. East Florida SEC. 8. And l)e it further enacted, That the said East Florida Railroad K. R. Co. may Company be, and they are hereby authorized to cross the railroad pro- cross proposed ed to be made at a ' ny point between Tallahassee and St. Mark's. Florida ma y SEC. 9. And be it further enacted, That the Territory or State of Florida take stock. shall, at the end of twenty years, have the privilege of taking one-fourth of the stock at par, by paying to the company the interest on the in- vestment. Acts repealed. SEC. 10. And le it further enacted, That all acts or parts of acts of the legislative council of the Territory of Florida, inconsistent with the foregoing provisions, be, and the same are hereby annulled. Pensacola and SEC. 11. And le it further enacted, That the Pensacola and Perdido Perdido Railroad Railroad Company, organized under acts of the governor and legislative mSr?JilII council of the Territory of Florida, and of the State of Alabama, be, and from, &c. they are hereby, authorized to make a railroad from Pensacola to the Brunswick and waters of Mobile Bay or River; and also, that the Brunswick and Florida Florida Railroad Railroad Company, incorporated by an act of the legislature of Georgia, extend theirraiE be and thev are nereb J> authorized to extend their railroad from the road from, &c. Georgia line to the city of Tallahassee, and thence to the river Appalach- icola, or St. George's Sound, npon the same conditions and limitations contained in the foregoing provisions of this act. Lake Winnico SEC. 12. And le it further enacted, That the Lake Winnico and St. and St Joseph's Joseph's Canal and Railroad Company, organized tinder acts of the Canal and Rail- governor and legislative council of the Territory of Florida, be, and may mHv****- t ^ ley are hereb y authorized to locate and construct a railroad from the struct railroad ity ^ St. Joseph to the city of Tallahassee, in said Territory, upon the from St. Joseph same conditions and limitations contained in the foregoing" provisions to Tallahassee. o f this act; and in the construction of said road, may cross, or inter- sect, and form a junction with, any other railroad which may be made west of the city of Tallahassee, (a) (a) See Nos. 1621, 1654, 1659, 1682, 1690, 1691, 1703, 1706, 1707, 1709, 1712. June 28, 1838. No. 1659. AX ACT to confirm the act of the legislative council of Florida, incor- VoL 5, p. 253. porating the " Florida Peninsula Railroad and Steamboat Company," and granting the right of way to said company through the public lands, and for other purposes. urm Be {t enacted > $ G "> That the act passed by the legislative council of da, incorporat- FIorida > en titled "An act to incorporate the Florida Peninsula Railroad ing, &c., confirm- and Steamboat Company," approved eighth January, eighteen hundred ed - and thirty-eight, be, and the same is hereby, ratified and confirmed : Proviso. Provided, however, That the said company shall not be deemed to have, nor shall they exercise, banking privileges ; nor shall the said act be so construed as to give or grant banking privileges to said company ; and in case the said company shall exercise banking privileges, of any de- scription, in any way or manner, then this coufirmation or ratification of said act of incorporation shall be void and of no effect. thrown theiTub 7 . SEC ' 2 ' And le U father enacted, That the right of way shall be, and lie lands granted. | 8 hereby, granted to said company over and through any of the pub- Proviso. lands of the United States over which the said road may pass : Provided, That the said land to be used and occupied by said company >,* * i for the line or route of 8llch road shall not exceed eighty feet in width. from the public SE 9' 3 * And be lt further enacted, That the said company shall have lands earth, tn . e r jght to take from the public lands in the vicinity of said road and stone, or wood, within twenty rods of the centre thereof, on each side, all such mate- rials of earth, stone, or wood as may be necessary or convenient for the actual construct ion of said road or any part thereof; and, during the construction of said road, to occupy said lands to the width aforesaid, FLORIDA. 681 so far as may be necessary to the convenient performance of said work : Provided, however, That the rights and privileges granted by this sec- Proviso, tion shall be so exercised as to cause as little damage as possible to the public lands adjacent to said road ; and proper drains or sluices shall be constructed by the said company so as to prevent the obstruction of any streams or water-courses which may be crossed by said road. SEC. 4. And be it further enacted, That there shall be, and are hereby, Sites granted granted to the said company all necessary sites for watering-places, de- 9, r watering, pots, and workshops, along the line of road: Provided, That no one depot or watering-place shall contain over four square acres, to be laid off in a square form ; and not more than one of said squares shall be granted to or taken by said company for each ten miles of said road. SEC. 5. And be it further enacted, That the said company shall, with as Route to be little delay as may be convenient, and at all events within one year surveyed, &c. from the passage of this act, and at their own expense, cause the route of said road and the sites which they may select for depots, watering- places, or workshops, to be surveyed and designated through said pub- lic lands by plain marks and monuments; and copies of the field-notes of the survey, with a map or plat of the said route and of said sites and of the connection of said route with the previous official surveys of the adjacent lands, shall be returned to the office of the surveyor- general of that land district and to the General Land Office at Wash- ington. SEC. 6. And be it further enacted, That if the said road shall be aban- If the road doned or discontinued, or if the route shall cease to be used by said ** ha11 ]> aban. company for the purposes of a railroad, then and in that case this act be^oid. and the privileges hereby granted shall cease and be void, and the land occupied by said road shall revert to the United States. SEC. 7. And be it further enacted, That Congress may at any time, un- Tolla. til said Territory shall be admitted as a State, prescribe and regulate the tolls to be received by said company, and after said Territory shall be admitted as a State, the legislature thereof shall possess the like power, and said act of incorporation is hereby approved, subject to the modifications and conditions aforesaid, (a) (a) See^os. 1621, 1654, 1658, 1682, 1690, 1691, 1703, 1706, 1707, 1709, 1712. Io. 1660. AN ACT to encourage the introduction and promote the cultivation of July 7, 1838. tropical plants in the United States. Vol. 5, p. 303. Whereas in obedience to the Treasury circular of the sixth of Sep- " p reaml)le tember, eighteen hundred and twenty-seven, Doctor Henry Perrine, late American consul at Campeachy, has distinguished himself by his persevering exertions to introduce tropical plants into the United States : and whereas he has demonstrated the existence of a tropical climate in southern Florida, and has shown the consequent certainty of the immediate domestication of tropical plants in tropical Florida, and the great probability of their gradual acclimation throughout all our southern and southwestern States, especially of such profitable plants . as propagate themselves on the poorest soils ; and whereas, if the en- terprise should be successful, it will render valuable our hitherto worth- less soils, by covering them with a dense population of small cultivators and family manufacturers, and will thus promote the peace, prosperity, and permanency of the Union : Therefore, Be it enacted, $-c., That a township of laud is hereby granted to Doc- Grant of land tor Henry Perrine and his associates, in the southern extremity of the* ^ Perrine. peninsula of East Florida, to be located in one body of six miles square, upon any portion of the public lands below twenty-six degrees north latitude. SEC. 2. And be it further enacted, That the said tract of land shall be When to be lo- located within two years from this date, by said Henry Perrine, andcated, &o. shall be surveyed under his direction, by the surveyor of Florida, Pro- vided, That it shall not embrace any land having sufficient quantities Proviso, of naval timber to be reserved to the United States, nor any sites for maritime ports or cities. SEC. 3. And be it further enacted, That whenever any section of When a patent land in said tract, shall be really occupied by a bona-fide settler, ac- sha11 issue - tually engaged in the propagation or cultivation of valuable tropical plants, and upon proof thereof being made to the Commissioner of the General Land Office, a patent shall issue to the said Henry Perrine and his associates. 682 FLORIDA. How and when SEC. 4. And le it further enacted, That every section of land in the it shall be for- tract aforesaid, which shall not be occupied by an actual settler, posi- TTnif^i d sitea he tively engaged in the propagation or cultivation of useful tropical plants within eight years from the location of said tract, or wheu the adjacent territory shall be surveyed and offered for sale, shall be for- feited to the United States, (a) (a) See No. 1664. March 3 1839. No. 1661. AX ACT for the relief of Parish Carter, and the heirs of Charles Will- Vol. 6, p. 763. iamson, deceased. F r Be it enacted, fc., That Farish Carter be, and he is hereby, authorized powered to enter and empowered to enter six quarter-sections of land on any unreserved land, and unappropriated land in Florida, in lieu of so many quarter-sections for which he had paid the United States, and held certificates from the S. Gran tl and receiver; and that Seaton Grantland, administrator of Charles Will- empowered to en- iamson, be, and he is hereby, authorizsd and empowered to enter one ter land. k a }f quarter-section of land in the name and for the use of the heirs of the said Charbs Williamson, on any unreserved and unappropriated land in Florida, and one other half quarter section on any land of the United States which has been offered for sale, in lieu of that much land for which the said Williamson had paid the United States, and held certificates from the receiver ; and that patents do issue free of pur- chase to the. said Farish Carter and the heirs of the said Williamson, respectively, for the land so entered. March 3, 1839. VoL 6, p. 785. Land title con firmed. Proviso. No. 1662. AN ACT for the relief of the heirs and assignees of Peter Alba, de- ceased. Be it enacted, such payments to the register of the land office aforesaid, and to make the usual returns thereof to the General Land Office, such individuals shall be entitled to receive patents for such entries, where the lands applied for by them have not since been sold : but if sold, the money paid by them may be applied to the purchase of any other land in that district subject to entry at private sale : Provided, That this act shall Proviso, only apply to those cases where evidence that such application was made, is now in the General Land Office, (a) (a) See Nos. 1630, 1635, 1651, 1652, 1667, 1672, 1684, 1691, 1692, 1695, 1713, 1714. No. 1 671 .AN ACT to amend an act entitled "An act to provide for the armed June 15, 1844. occupation and settlement of the unsettled part of the peninsula of Florida." VoL 5, p. 671. Be it enacted, fa., That in any case in which it shall appear to the where location Commissioner of the General Land Office that the location made by a under act of Aug. settler under the act approved August fourth, eighteen hundred and 4, 1842, was made forty-two, entitled, "An act to provide for the armed occupation and upon land liable settlement of the unsettled part of the peninsula of Florida," was JL vf chaneed* located upon lands which were discovered after the issue of the permit y to be liable to overflow, it shall be lawful for the said Commissioner to 86 FLORIDA. authorize the change of the location to any other vacant quarter-sec- Proviao. tiou within the same land district : Provided Application for permission to change the location shall have been made at the proper land office before the fourth day of August, eighteen hundred and forty-three. When settle- SEC. 2. And be it further enacted, That in all cases in which settle- ment was made me nts have been made under the provisions of said act, upon lands before survey, not surv eyed before the issue of permit, the settler may, after survey, ay le i locate his quarter-section in any legal subdivisions of continuous or subdivisions, so contiguous sections, or fractional sections, so as to make up the quan- as to include his tity of one hundred and sixty acres, as may be, and to include his im- improvement. provements, and as much of the lands described in his permit as is consistent with the system of the public surveys. Settler may re- SEC. 3. And be it furtlier enacted, That the settlers under said act may side on land not erec t their dwellings, and reside upon other than the quarter-section in permit, described in their permit, Provided, The land upon which they so erect their habitation shall be entered and paid for by them, if in market, or if not in market, shall be so entered within three months after it shall Proviso. have been offered at public sale. And provided, also, That the condi- tion of cultivation on the land described in the permit shall be faith- fully complied with according to the terms of the act to which this is an amendment. When title of SEC. 4. And be it furtlier enacted, That in any case in which the title United States of the United States to the land or any part of it, not less than forty is defective, set- acre s, described in the permit issued by the land office to any settler, elsewhere or contained in the quarter-section upon which he shall have been located, shall prove to be defective, a tract of land equal in quantity to that of which the title shall have proved defective as aforesaid, may be located elsewhere upon vacant surveyed lands within the same township, or within the nearest township in which there shall be suf- ficient quantity of vacant arable land. Settler may SEC. 5. And be it further enacted, That it shall be competent for any perfect his title, 8ebtler under the said act to perfect his title to the quarter- section located and described in the permit, by paying to the receiver of the land office in the appropriate district the sum of one dollar and twenty- Proviso, five cents per acre for the said quarter-section : Provided, That such settler shall prove to the satisfaction of the register and receiver for the proper land district, that up to the date of his application to make payment, he has fully complied with the requirements of the act to which this is an amendment, (a) (a) See Nos. 1665, 1679. June 15, 1844. No. 1672. AN ACT to confirm certain entries of land in the St. Augustine land Vol. 5, p. 673. district, in the Territory of Florida, made under the pre-emption law of 22d June, 1838. Patents to is - B e a enacted, #c. t That the President of the United States be, and he madTat Saint is hereby, authorized to issue patents on all entries made in the St. Au- Augustine under gustine land office in the Territory of Florida, under the act entitled act of June 22, "An act to grant pre-emption rights to settlers on the public lands," stamT ' D d W f tb t a PP roved twenty- second June, eighteen hundred and thirty-eight, where sam t in proof; tne land 8O entered was public land and liable to the operations of said act, any informality in the proof, or other existing defect therein,. or in Proviso. the mode of entry, to the contrary notwithstanding: Provided, That this act shall apply only to the cases where the settlers were forced from their homes by reason of Indian hostilities, and consequently were un- able to make out the continuous residence required by the law. (a) (a) See Nos. 1630, 1635, 1651, 1652, 1667, 1670, 1684, 1691, 1692, 1695, 1713, 1714. March 3, 1845. No. 1673. AN ACT for the admission of the States of Iowa and Florida into the Vol. 5, p. 742. Union. [See IOWA, No. 1776.] March 3, 1845. No. 1674. AN ACT supplemental to the act for the admission of Florida and Iowa Vol.5, p. 788. into the Union, and for other purposes. Grant of lands ^ e ^ enacted, #c., That in consideration of the concessions made by for seat of gov- the State of Florida in respect to the public lands, there be granted to Si n V ublictnesaid State eigut entire sections of land for the purpose of fixing their seat of Government ; (a) also, section number sixteen in every township, or other lands equivalent thereto, for the use of the inhab- FLORIDA. 687 itants of such township, for the support of public schools ; (&) also, two entire townships of land, in addition to the two townships already re- served, for the use of two seminaries of learning one to be located east, and the other west of the Suwannee River; (c) also, five per centum of the net proceeds of the sale of lands within said State, which shall be hereafter sold by Congress, after deducting all expenses incident to the same ; and which said net proceeds shall be applied by said State for the purposes of education. SEC. 2. And be it further enacted, That all the laws of the United States Application of which are not locally inapplicable, shall have the same force and effect panted states within the said State of Florida, as elsewhere within the United laws to Florida - States, (d) (a) See Nos. 1632, 1640, 1642. (b) See Nos. 1635, 1642, 1649, 1665, 1668. (c) See Nos. 1630, 163!), 1655. (d) See Nos. 1499, 1625, 1626, 1627, 1628, 1637, 1646, 1673. No. 1675. AN ACT for the relief of John Milsted, of Escambia County, Florida. Aug. 8, 1846. Be it enacted, #c,, That John Milsted be authorized to surrender the Yol - 9 >P- 667 - evidence of title issued to him by the United States for the northeast John Milsted quarter of the southeast quarter of section twenty-five, in township authorized to three north, of range twenty-three west, entered by him at the land leSSof'titteto office at Tallahassee, in the Territory (now State) of Florida, by mis a quarter-section take ; and upon the surrender of such evidence of title, under such of land, and to rules and regulations as the Commissioner of the General Land Office ? nt . er J her 1{ * nd may prescribe, the said John Milsted shall be authorized to enter, m^Xy to be lieu thereof, the northeast quarter of the southeast quarter of section made in six twenty-five, in township three north of range thirty-two west, it being months, the tract that the said John Milsted intended to enter: Provided, That proviso, the said entry shall be made within six months after the passage of this act : And provided further, The said entry shall not be made to the preju- dice of the rights of any other person or persons. No. 1676. AN ACT for the relief of the heirs and legal representatives of Richard Aug. 10, 1846. C. Allen, deceased. Vol. 9, p. 676, Be it enacted, #c., That the heirs or legal representatives of Richard C. Heirs or legal Allen, deceased, late of the Territory (now State) of Florida, be author- representatives ized to enter and patent, under such regulations as the Secretary of the of ,? 9' ^/ len Treasury may prescribe, one section of public land, according to legal ter and patent subdivisions, subject to sale in the State of Florida, to which there one section of may be no preemption right, in full satisfaction of all claims for the lan d in Florida. services and expenses of said Allen in locating lands reserved for a seminary of learning in said State. No. 1677. AN ACT to regulate the exercise of the appellate jurisdiction of the Feb. 22, 1847. Supreme Court of the United States, in certain cases, and for other purposes. Vol. 9, p. 128. Be it enacted, #c., That all and singular the records of the proceedings Jurisdiction of in the several cases which were pending in the superior courts [of the] suits. late Territory of Florida, under and by virtue of the act of Congress of Records a nd the twenty-third of May, eighteen hundred and twenty-eight, entitled STki cffes " An act supplementary to the several acts providing for the settlement be transferred to and confirmation of private land claims in Florida," and under and by the district virtue of an act entitled "An act to provide for the final settlement of . u rt of the land claims in Florida," approved twenty-sixth May, eighteen hundred the SsMrt of and thirty, and in the several cases which were pending in the court of Florida. appeals of the same Territory, on the third day of March, in the year of our Lord one thousand eight hundred and forty-five, and all and singu- lar the records of the proceedings in the several cases in which judg- ments or decrees had been rendered in the said courts on or before that day, and from which writs of error could have been sued out or appeals could have been taken, or from which writs of error had been sued out, or appeals had been taken, and prosecuted to the Supreme Court of the United States, according to the laws of the United States which were in force on the said third day of March, in the year of our Lord one thousand eight hundred and forty-five, shall, from and after the passing of this act, be transferred to and deposited in the district court of the United States for the district of Florida. 688 FLORIDA. The judge to SEC. 2. And be it further enacted, That it shall be the duty of the judge cause the same to O f tne district court of the United States for the district of Florida, k immediately after the passing of this act, to cause the same to be noti- periorcourts. &c. fied to the several clerks of the superior courts, or other officers or per- sons having in their possession or custody the records of the proceed- ings in the first section of this act referred to and described, and to demand the delivery of the same, to be deposited as in and by the said first section of this act is required ; and on the refusal of such clerk or other officer or person to comply with such demand, the said judge of T) r f the district court of the United States is hereby authorized and required cords, V &I, may to compel the delivery of the said records by attachment or otherwise, he compelled. according to law. "Writs of error SEC. 3. And l>e it further enacted, That in all cases in which judgment and appeals to or decrees have been rendered in the said superior courts or couitof the Su p re me a pp ea ] 8 o f tH e late Territory of Florida, and from which writs of error United Stat es, have been sued outer appeals have been taken to the Supreme Court of from certain the United States, the said Supreme Court shall be, and is hereby, courts in Flori- authorized to hear and determine the same, and the mandates of the said Supreme Court for the execution of the judgments or decrees so to be rendered by them, and all other writs which may be necessary in the exercise of the appellate jurisdiction of the said Court in such cases, shall be directed to the district court of the United States for the dis- trict of Florida ; and the said district court shall cause the same to be duly executed and obeyed. District court SEC. 4. And be it further enacted, That the district court of the United of Florida to^take g tates f or the district of Florida shall take cognizance of all cases which certak) cases. were pending and undetermined in the said superior courts, under and by virtue of the act of Congress of the twenty-third May, eighteen hun- dred and twenty-eight, entitled "An act supplementary to the several acts providing for the settlement and confirmation of private land claims in Florida," and under and by virtue of an act entitled "An act to pro- vide for the final settlement of land claims in Florida," approved twenty- sixth May, eighteen hundred and thirty ; and of all cases which were pending and undetermined in the court 'of appeals of the late Territory of Florida, and from the judgments or decrees to be rendered in which writs of error could have been sued out or appeals could have been taken to the Supreme Court of the United States, under the laws which were in force on the third day of March, in the year of our Lord one thou- sand eight hundred and 'forty -five, and shall proceed to hear and deter- mine the same; and from the judgments or decrees to be rendered by Appeals. the said district court, writs of error may be sued out or appeals may be taken to the Supreme Court of the United States, in the same man- ner as if such judgments or decrees had been rendered in the court of appeals of the Territory of Florida ; and the mandates and all writs necessary to the exercise of the appellate j urisdiction of the said Supreme Court in such cases, shall be directed to the district court of the United States for the district of Florida, and the said district court shall cause the same to be duly executed and obeyed. Oneyearallow- SEC. 5. And be it further enacted, That in all cases not legally trans- in certato Pa cases ferred to the State courts in which judgments or decrees have been ren- for suing out dered in the superior courts or court of appeals of the late Territory of writs of error Florida from which writs of error could have been sued out or appeals and taking ap- could have been taken to the court of appeals of said Territory, or to Sme Court the Su P reme Court of the United States under the laws which were in of United States, force on the third day of March, in the year of our Lord one thousand eight hundred and forty -five, and in which writs of error have not hitherto been sued out or appeals have not hitherto been taken, there shall be allowed to the parties in the said cases the term of one year, from and after the passing of this act, for suing out such writs of error or taking such appeals to the Supreme Court of the United States, which shall have jurisdiction to review the same. Transferof un- SEC. 6. And be it further enacted, That any unfinished business or pro- finished business ceedings now remaining or pending before the judge of the superior ^S 8 - court at St. Augustine, as a commissioner under and by virtue of the "Act for the relief of certain inhabitants of East Florida," approved twenty-sixth June, eighteen hundred and thirty-four, or under any other act granting special powers, or imposing special duties upon said judge be, and the same are hereby, transferred to the judge of the dis- trict court of the district of Florida, to be proceeded in and finished, or decided, in the same manner provided for by law; and the said district FLORIDA. 689 judge shall have, exercise, and possess, the same duties, powers, and rights, which have by virtue of the act of twenty-sixth June, eighteen hundred and thirty-four aforesaid, or otherwise, been possessed and ex- ercised by the said judge of the superior court at St. Augustine, so far as may be necessary to enable the said district judge to determine and finish any matter, business, or proceedings now pending and undeter- mined before the judge of the superior court aforesaid, by virtue of any such special act. SEC. 7. And ~be it further enacted, That all and singular, the provisions The provisions of this act, so far as may be, shall be, and they are hereby, made appli- of this act made cable to all cases which were pending in the supreme or other superior Jffi 1 ^iy ,,^ courts of and for the late Territory of Michigan at the time said Terri- the courts of "the tory was admitted as a State into the Union, and to all cases in which late Territory of judgments or decrees have been rendered in said supreme or superior Michigan. court of said late Territory of Michigan, and not hitherto removed as aforesaid by writ of error or appeal. SEC. 8. And ~be it further enacted, That in all cases pending in any of Other cases the superior courts of said Territory of Florida, or in the court of which are to be appeals of said Territory, on the third day of March, eighteen hundred transferred to the and forty- five, and not legally transferred to the State courts of the the dfetrict of State of Florida, and which said Territorial courts continued to hold Florida, cognizance of, and proceeded to determine after said day, or which are claimed to have been since pending therein as courts of the United States; and in all cases of federal character, and jurisdiction com- menced in said Territorial courts after said day, and in which judgments or decrees were rendered, or which are claimed to have been since pend- ing therein, the records and proceedings thereof, and the judgments or decrees therein are hereby transferred to the district court of the United States for the district of Florida ; and writs of error and appeals writs of error may be taken by either party to remove the judgments or decrees that and appeals, have been, or may be, rendered in such cases unto the Supreme Court of the United States, and the Supreme Court may hear and decide such cases on such writ of error or appeal, and issue its mandate to said dis- trict court : Provided, however. Such writ of error or appeal shall be taken within one year from the passage o f this act, or one year from Limitation of the rendition of such judgment or decree hereafter rendered : And pro- on ^ vea 5' vided, also, That nothing in this act shall be construed as affirming or this act disaffirming the jurisdiction, power, or authority of the Territorial judges to proceed in, or try, or determine such cases after the third of March, eighteen hundred and forty-five, but the same may be referred to said Supreme Court for its decision iu all said ca;>T on such writs of error or appeal, (a) (a) See Nos. 957, 961, 967, 1268, 1624, 1629, 1630, 1631, 1633, 1634, '. J3t>, 1640, 1641, 1643, 1647, 1699, 1700, 1701, 1704, 1710. No. 1678. AN ACT respecting certain surveys in the State of Florida. June 28, 1848. Be it enacted, #c., That- the Commissioner of the General Land Office YoL9 'P- 242 - is hereby authorized and directed to cause to be surveyed, as soon as Certain islands* practicable, the islands and keys, and other lands in South Florida, in- kev8 ' and other terspersed with water, which cannot conveniently be connected withiJg^tobelnS the regular public surveys ; and also the private claims or grants which veyed have been duly confirmed, situate in said State; and that such surveys of said islands, keys, and lands interspersed with water as aforesaid may be made by such persons on such terms, and in such mode and manner, as said Commissioner may deem most expedient and proper, without connection thereof with the other public surveys, by township lines ; but the expense thereof shall not exceed the maximum price per mile Expenseof sur- heretofore allowed for surveys by the United States in other States or veys limited. Territories ; and the surveys of said private claims or grants may be made by such persons, and on such terms, as said Commissioner may deem most expedient and proper; but the expense thereof shall not in any case exceed twenty-five per centum on the said price heretofore allowed in addition to such price : Provided, hmcever, That it shall be Provision for the duty of the President at some convenient time, and before offering an examination any of said islands for pale, to have an examination made by, and a re- before 8ale - port from, a board of engineers, to ascertain whether any of said 44 L O VOL II 690 FLORIDA. islands or parts of them, and if so, which of them, should be reserved from sale for the use of the United States ; and that all islands or parts of islands recommended by such board to be reserved for public use shall be reserved from sale, (a) (a) See Nos. 1629, 1630, 1632. Julv 1 18-18 No. 1679. AN ACT for the relief of the bona-fide settlers under the acts for the Volf 9, p. 243. armed occupation and settlement of a part of the Territory of Florida. Bona-fide set- Se it enacted, $-c., That in all cases in which proof shall be made to the tiers under th e satisfaction of the Commissioner of the General Land Office that any act for the armed person who obtained a permit under the act entitled "An act to provide ISS 1 ** 10 ? of a for the armed occupation and settlement of the unsettled part of the part off he Terri peninsula of Florida," approved August fourth, eighteen hundred and. torv of Flo r i d a forty-two, and who was an occupant under that act, and the act amenda- to be entitled to tory thereof, appro red June fifteenth, eighteen hundred and forty-four, {aud^settledaad and wno actually occupied or settled under said acts, and did notVolun- occupied by tarily relinquish' and abandon the same, but continued to reside on said them. frontier south of said line specified in said act of eighteen hundred and forty-two, thereby aiding to effect the object of said acts, and who has not received the lands provided by said acts, such settler shall be en- titled to a grant and patent for the land so occupied or settled by him, the same as if all the conditions and stipulations of said acts and re- quirements of the General Land Office in relation thereto had been fully and strictly fulfilled and complied with. Settlers may lo- SEC. 2. Be it further enacted, That in all cases where the lands set- cate their rights, tied or occupied by such settler, or any part thereof, were or are not w'th nt b erfe ^o^ e o a ^ sll ^J ec * to donation under the said acts on any account whatever, claims on other then snch settler may locate his right, or the part so interfered with, landsintho same on any vacant public lands in the same, or any adjacent township, or adjacent town- g EC . 3. And be it further enacted, That this act shall extend to, and T^his act ex- ^ e cons trued and executed for, the benefit of the widow and heirs of tended to widows any settler, according to the principles of the fifth section of said first and heirs of set- above-recited act. ti | rs ' * , SEC. 4. And be it further enacted, That immediately after the passage Treasury'to a {^ of tnia act ^ e Secretary of the Treasury shall appoint an agent to pro- point an agent to ceed forthwith to the different county seats of the counties of the State proceed to Flori- of Florida, where said lands lie, who shall attend at least ten successive da,\vherethesaid d a y 8 a t each county seat, if so long time be necessary, to take and ce?ve prooVin receive proof by depositions before him, or in such manner as he may relation to such prescribe in relation to such settlement or occupation, and of settlers settlement and being entitled under this act to a grant or donation of land as aforesaid ; ccupation. and 8aid agen tj 8 hall also attend at such other places in said settlements as the convenience of such settlers in furnishing their proofs may de- Said agent to mand, under the instructions of the General Land Office ; and said agent woofs 1 taken b? 8nall witnin five months after he shall commence his duties in said him, with h is State, transmit all the proofs he may take, and make leport of his opinion in each opinion as to each case to said Commissioner of the General Land Office, case, to the Com- wno shall proceed forthwith to examine and decide said cases: Provided, General Land 0? Tnat if anv sutler does not submit his proof to such agent within four flee. months after reasonable notice, by advertisement of the times and places Time of proof of his attendance to receive such proof, said settlers shall not have the benefit of this act ; and all the cases reported as aforesaid shall be defin- Decision, how itively decided by the Commissioner of the General Land Office within two months after the report thereof is received at his office ; and said Salary of agent, agent shall be allowed the same compensation as is allowed by law to examining agents of the Treasury Department, (a) (a) See Nos. 1665, 1671. July 25, 1848. No. 168O. A.N ACT to confirm the location and to grant a quarter-section of public lands for the county site of Hillsborough County, State of Florida. Confirmation Be it enacted, ^'c., That the location of the county commissioners of grant C of TqSa?- t ! le count y of Hillsborough, in the State of Florida, of one hundred and ter- section of sixty acres of land for the county site of said county, at Tampa, viz : land to Hillabo- beginning on the east bank of Hillsborough River, at the point where UJI K County, the reduced military reservation, as made by Major L. Whiting, Sep- tysHe* ^'tember fourteenth, eighteen hundred and forty-six, strikes the same; thence up said river, binding thereon, to a point at least a half a mile FLORIDA. 691 in a straight line from the beginning ; thence northeasterly to a point from whence a line running parallel to said straight line, and striking the line of said reduced reservation ; and thence along the lines of said reservation to the place of beginning shall include between said river and said lines one hundred and sixty acres of land; and the same is Proceeds of hereby granted to said commissioners of the said county, and their sue- JJrg' J p ow to be cessors in office, for the use of said county, the proceeds of sales to be v applied to the building of a court-house aud jail, and other public build- ings for said county ; and the Commissioner of the General Land Office shall cause said one hundred and sixty acres of land, granted as afore- said, to be surveyed, and the survey confirmed, as soon as practicable; and a patent shall issue therefor to said commissioners, for the use of said county, as aforesaid, referring to this act. No. 1 681. AN ACT for the relief of Jesse Turner. Aug. 14, 1848. Be it enacted, #c., That there be, and hereby is, confirmed unto Jesse , ., , , - - Turner, of the State of Florida, one hundred and fifty acres of land The title of lying on the north side of Trout Creek, north of the river St. John, to atract "of ^ISO the west of the Bouck house, in the county of Duval, and State of acres of i and in Florida, being the same tract of land surveyed to James Turner by Florida con- order of the Spanish Government on the fifteenth day of December, firmed to him. eighteen hundred and eighteen, and on which the said Jesse Turner has resided upwards of twenty years. No. 1682. AN ACT to grant to the Atlantic and Gulf Eailroad Company the March 3, 1849. right of way through the public lands of the United States. Vol. 9, p. 771. Be it enacted, $c., That the right of way shall be, and is hereby, Right of way granted to the Atlantic and Gulf Railroad Company, over and through through the any of the public lands of the United States, in the State of Florida, lands of the Unit- over which the road authorized by said State may pass ; and the said d to & ^ Jtiant company is hereby authorized to survey and mark through the said pub- tic and Gulf lie lands to be held by them for the track of said road one hundred feet Railroad C om - in width ; and, furthermore, an additional quantity of twenty-five feet P any - in width on each side of said road along the same. SEC. '2. And be it further enacted, That the said company shall have Said company the right to take from the public lands in the vicinity of said road all ma y * a |f e from such materials of earth, stone, or wood, as may be necessary or conven- guchmaterials aa ient from time to time for the actual construction and lepair of said may b e nec es- road or any part thereof. sary. SEC. 3. And ~be it further enacted, That there shall be, and is hereby, All necessary granted to said company all necessary sites for watering-places, depots, sites for watering and workshops, along the line of said road, so far as the places conven- P la ce8 ' anted \o ient for the same may fall upon the public lands : Provided, That no one sai d company. depot or watering-place shall contain over five square acres, and that Proviso. said sites shall not be nearer to each other than ten miles along the line of said road : Provided, That the grants herein contained, as well of Proviso. the use of the public lands as of the materials for the construction of said road, shall cease and determine, unless the road be begun within two years and completed within six years thereafter : And provided, moreover, That if the said road shall at [any] time after its completion Proviso. be discontinued or abandoned by the said company, the grants hereby made shall cease and determine, (a) (a) See Nos. 1621, 1654, 1658, 1(559, 1690, 1691, 1703, 1706, 1707, 1709, 1712. No. 1683. AN ACT for the relief of Richard H. Barrett. July 29, 1850. Be it enacted, #c., That Richard H. Barrett shall be entitled to the northeast quarter, section twenty-eighth, township ten, south range Land patent to twenty-six east, in the St. Augustine district, in the State of Florida : issue to R. H. Provided, That it shall not interfere with any other private claimant, Barrett and that a patent for the same shall be issued accordingly. ?? fand No. 1684. AN ACT to legalize certain entries of public land made in the State May 26, 1852. of Florida. Vol. 10, p. 7. Beit enacted, $*c., That the several entries of land (embracing tracts Entries at New- once reserved to satisfy claims under the armed occupation act, butnansville con- which claims were forfeited prior to the allowance of said entries,) per- firmed. 692 FLORIDA. mitted at the land office at Newnansville, in the State of Florida, be, and the same are hereby confirmed, and patent shall issue thereon as Proviso. in other cases : Provided, That the land so entered shall have been, upon the faith of the register's certificate, improved by the party in interest under said certificate, and that the said land is not claimed by adverse parties, (a) (a) See Nos. 1630, 1635, 1651, 1652, 1667, 1670, 1672, 1691, 1692, 1695, 1713, 1714. Feb 5 1853 No. 1685. AN ACT for the relief of the heirs of Jeremiah Wingate. Vol.' 16, p. 750. B n enacted, $c., That the representatives of Jeremiah WiDgate, de- " Title of repre- ceased, late of Florida, be, and they are hereby, confirmed in their title sentatives oftoa certain tract of land containing four hundred and twenty acres, Jeremiah Win- lying on the north side of Naussa River, in the State of Florida, accord- gate to land in j to tne pi ats an( j certificate of survey made by George J. F. Clarke, m " dated the second and twenty-third of December [and] the sixth of Oc- tober, eighteen hundred and eighteen, now of file in the public archives of East Florida, the said tract being the same confirmed to the said Jeremiah Wingate during his lifetime, on the fifteenth of November, eighteen hundred and twenty-seven, by the " board of commissioners" appointed to ascertain claims and titles to land in Florida, pursuant to the act entitled "An act granting donations to certain actual settlers in the Territory of Florida," approved May twenty-sixth, eighteen hun- dred and twenty-four; and that the Commissioner of the General Land Office, upon the presentation of the aforesaid plats and certificate of Patent to issue, survey of said tract, issue a patent or patents for the same, which patent How to operate, shall operate as a relinquishment only on the part of the United States. July 27, 1854. No. 1686. AN ACT for the relief of Manuel Hernandez. Vol.io, p. 792. _ge n enacted, tyc., That Manuel Hernandez be, and he is hereby, au- Manuel Her-thorized to locate, not to exceed eight hundred arpens of land, French nandez to locate measure, according to the legal subdivisions, on any of the public lands 800 arpens of i n the State of Florida, subject to private entry, which shall be in full ifc landsof 6 Flor- compensation for all the damages he may have sustained in being dis- ida. possessed of eight hundred arpens of land, about three miles distant from the mouth of the Escambia River, lying and situate between the lands of Joseph Noriega and those of the free mulatto named Charles, being the same lands that were granted to Joseph Hernandez, deceased, by the Spanish Government, on the eighth day of October, eighteen hundred and seventeen. Patent to be is- SEC. 2. And le it further enacted, That the Commissioner of the General Land Office, upon the receipt of the certificate of entry from the regis- ter of the proper land office, shall cause to be issued a patent for the lands authorized to be located by this act. July 27, 1854. No. 1687. AN ACT for the relief of Thomas D. Jennings. VoL 10, p. 795. >5 - Be it enacted, $c., That Thomas D. Jennings, of Florida, be, and he is Thomas D. hereby, authorized to enter, at the minimum price of the public lands, Jennings to en- a quantity of land not exceeding one hundred and sixty acres, com- ter 160 acres of prising the improvement on which his late father, Lawrence D. Jen- ctraditions ** m P in g 8 > resided before his death, on due proof being presented to the reg- ister of the proper land office that he would have been entitled to a preemption but for the removal of the family after the death of the father. Aug. 5, 1854. No. 1688.-AN ACT to establish a land district in the State of Florida, to be called \ ol, 10. p. 590. the district of Tampa. land dis^ , e lt ^n^ted, #c., That all that part of the land districts of Neunans- trict established ville and St. Augustine in the State of Florida, lying south of the line in Florida. dividing townships nineteen and twenty, south, be, and the same is hereby created a land district, to be called the district of Tampa, the office for which shall be at Tampa. SEC. a. And le it further enacted, That this act shall take effect at the expiration of six mouths from the day of- its passage, (a) (a) See Xos. 1630, 1632, 1667, 1689, 1708. FLORIDA. 693 No. 1689. AN ACT to amend "An act to establish a land district in the State of March 2, 1855. Florida, to be called the district of Tampa. " Vol. 10, p. 629. Be it enacted, $c., That the President be, and he is hereby, authorized Register and to appoint, by and with the advice and consent of the Senate, a register receiver for Tarn- and a receiver for the land district called Tampa, in the State of Florida, P !and district, which district was created by the act approved August fifth, eighteen hundred and fifty -four, whose compensation, duties, responsibilities, and emoluments shall be the same as is or may be prescribed by law for other land officers in said State, (a) (a) See Nos. 1630, 1632, 1667, 1688, 1708, No. 1690. AN ACT making appropriations for the naval service, for the year end- March 3, 1855. ing the thirtieth of June, one thousand eight hundred and fifty-six. Vol. 10. p. 675. ##*## * # SEC. 3. And be it further enacted, That the right of way, one hundred Right of way feet in width, through the lands reserved west of the navy-yard, Pen- facola for a rail" sacola, be, and the same is hereby, granted to Jasper Strong, Geofrge roa d. Terrill, and their associates, for the construction of a railroad from the Perdido River, on the most direct and practicable route, to the waters of Pensacola Bay, and the use of any timber, or other materials along the route of said road, and wilhin a half a mile on each side thereof, which may be necessary in the construction thereof ; and at the terminus of said road on Pensacola Bay, the said Strong, Terrill, and their asso- ciates shall have the privilege of erecting a wharf and of establishing a depot for lumber, and other articles, not more than one acre in extent : Provided, Said road shall be constructed on such line, and the terminus be at such point on Pensacola Bay, as shall be approved by the Navy Department : And provided, further, That this act shall not be so con- strued as to authorize said Strong, Terrill, and their associates, to use or destroy any timber which the Navy Department may direct to be pre- served for Navy purposes : And provided, further, That, in the opinion of the Secretary of Navy, the privileges conferred by this act will not be prejudicial to the public interest, or public property. SEC. 4. And ~be it further enacted, That a like privilege, in every respect, Another grant to the grant herein made to Jasper Strong, George Terrill, and their for same purpose, associates, be, and the same is hereby, granted to James Herron, of Escambia County, and his associates, for the construction of a railroad from his steam saw and grist mills, on the Perdido River, through the Government lands west of the navy-yard, to the Bay of Pensacola. (a) (a) See Nos. 1621, 1654, 1658, 1659, 1682, 1691, 1703, 1706, 1707, 1709, 1712. No. 1691. AN ACT granting public lands, in alternate sections, to the States of May 17, 1856. Florida and Alabama, to aid in the construction of certain railroads in said States. Yol. 11, p. 15. Be it enacted, $c., That there be and is hereby granted to the State of Grant of lands Florida, for the purpose of aiding in the construction of railroads from to Florida for St. John's River, at Jacksonville, to the waters of Escambia Bay, railroads, at or near Pensacola ; and from Amelia Island, on the Atlantic, to the waters of Tampa Bay, with a branch to Cedar Key, on the Gulf of Mexico ; and also a railroad from Pensacola to the State line of Ala- bama, in the direction of Montgomery, every alternate section of land designated by odd numbers, for six sections* in width on each side of each of said roads and branch. But in case it shall appear that the Grant in lieu United States have, when the lines or routes of said roads and branch of sold or pre- are definitely fixed, sold any sections, or any parts thereof, granted as empted sections, aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the gover- nor of said State, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified, so much laud in alternate sections or parts of sections, as shall be equal to such lands as the United States have sold, or otherwise appropriated, or to which the rights of preemption have attached as aforesaid ; which lands (thus selected in lieu of those sold and to which preemption rights have attached as aforesaid, together with the sections and parts of sections designated by odd numbers, as aforesaid, and appropriated as aforesaid,) shall be held by the State of (594 FLORIDA. Florida for the use and purpose aforesaid : Provided, That the land to be so located shall in no case be further than fifteen miles from the Hues of said roads and branch, and selected for and on account of each of said Grant, how ap- roads and branch : Provided further, That the lands hereby granted for plied. an( j on account of said roads and branch, severally, shall be exclusively applied in the construction of that road or branch for and on account of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no other pur- Act not to ap- pose whatsoever : And provldtd farther, That any and all lands heieto- ply to reserva- f ore reserved to the United States by any act of Congress, or in any tions except as to other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatsoever, be, and the same are hereby, reserved to the United States from the operation of this act, except so far as it may be found necessary to lo- cate the routes of said railroads or branch through such reserved lands ; in which case the right of way only shall be granted, subject to the ap- proval of the President of the United States, (a) Price of alter- SEC. 2. And be it further enacted, That the sections and parts of sec- nate sections to tions of laud which, by suoh grant, shall remain to the United States wfthin six miles on each side of said roads and branch, shall not be sold for less than double the minimum price of the public lands when sold ; nor shall any of said lands become subject to private entry until the same have been first offered at public sale at the increased price. (&) Objectof grant. SEC. 3. And be it further enacted, That the said lauds hereby granted Railway to be to the said State shall be subject to the disposal of the legislature there- fOTGovernment! of for the purposes aforesaid, and no other ; and the said railroads and ' branch shall be and remain public highways for the use of the Govern- ment of the United States, free from toll or other charge upon the trans- portation of any property or troops of the United States. Lauds, how SEC. 4. Andbe it further enacted, Thatthe lands hereby granted to said disposed of. State shall be disposed of by said State only in manner following, that is to say : that a quantity of land, not exceeding one hundred and twenty sections for each of said roads and branch, and included within a continuous length of twenty miles of each of said roads and branch, may be sold ; and when the governor of said State shall certify to the Secretary of the Interior that any twenty continuous miles of any or either of said roads or branch, is completed, then another quantity of land hereby granted, not to exceed one hundred and twenty sections for each of said roads or branch having twenty continuous miles com- pleted as aforesaid, and included within a continuous length of twenty miles of each of such roads or branch, may be sold ; and so, from time to time, until said roads and branch are completed ; and if any or either of said roads or branch is not completed within ten years, no further sales shall be made, and the lands unsold shall revert to the United States. Transportation SEC. 5. And be it further enacted, That the United States mail shall be transported over said roads and branch, under the direction of the Post- Office Department, at such price as Congress may, by law, direct : Pro- vided, Thatuntil such price is fixed by law, the Post master -General shall have the power to determine the same. Similar grant SEC. 6. And be it further enacted, That a similar grant of alternate to Alabama. sections of public land is hereby made to the State of Alabama, to aid in the construction of a railroad from Montgomery, in said State, to the boundary line between Florida and Alabama, in the direction of Pensa- cola, and to connect with the road from Pensacola to said line, upon the same terms and conditions in all respects as are hereinbefore prescribed for the grant to Florida, (a) (a) See Nos. 1621, 1654, 1658, 1659, 16-2, 1690, 1703, 1706 1707 1709 1712. (b) See Kos. 1630, 1635, 1651, 1652, 1667, 1670, 1672, 1684, 1692, 1695, 1713, 1714. Aug. 18. 1856. No. 1692. AN ACT making appropriations for certain civil expenses of the Gov- VoLll,p.87. ernment for the year ending the thirtieth of June, eighteen hundred and fifty- seven. Certain reser- Be it enacted, #c., * * * * * * * dTmay be* sold"" That ^ P l } blic land8 heretofore reserved for military purposes in the State of Florida, which said lands, in the opinion of the Secretary of War, are no longer useful or desired for such purposes, or so much thereof as said Secretary may designate, shall be aud are hereby placed under the control of the General Laud Office, to be disposed of aud sold in the FLORIDA. 695 same manner and under the same regulations as other public lands of the United States : Provided, That said lands shall not be so placed un- der the control of said General Land Office until said opinion of the Secretary of War, giving his consent, communicated to the Secretary of Interior in writing, shall be filed and recorded, (a) *##**** (a) SeeNos. 1630, 1635, 1651, 1652, 1667, 1670, 1672, 1684, 1691, 1695, 1713, 1714. No. 3693. AN ACT for the relief cf George F. Baltzell, assignee of James P. March 2, 1857. Roan. Vol. 11, p. 505. Be it enacted, #c.. That George F. Baltzell, of the State of Florida, George F. assignee of James P. Roan, be permitted to enter at any land office in Baltzell permit- the State of Florida, a full section of land, or less quantity in lieu j^ to ^La 8 ^T thereof, by divisional lines, without making payment therefor: -Pro- Florida. mded, That the same shall be deemed and taken as a full satisfaction of The same to be any and all claims of the said James P. Roan, and the said George F. in satisfaction of Baltzell, his assignee, under an act of Congress entitled "An act grant- ^^f^ jjj* ing donations of laud to certain actual settlers in the Territory of p R an under Florida," approved May twenty-sixth, eighteen hundred and twenty- act of 1824. four: And provided further, That in his location as aforesaid, the said No tract lesa George F. Baltzell shall in no case select any tract of land containing a less number than one hundred and sixty acres. No. 1694. AN ACT for the relief of John Dick, of Florida. June 1, 1858. Be it enacted, #c., That the Commissioner of the General Land Offir.ft Vol. 11, p. 538. shall cause a patent to be issued to John Dick, for lots numbered ten, Patent of lands of section twenty-nine, and one of section thirty-one, fractional section in Florida to is- of thirty, and the northwest quarter of the northwest quarter of sec- 8U tion thirty-two, all lying in township ten south, of range twenty-seven east, containing one hundred and fifty -three acres, situate in East Florida, and of the lands subject to sale at St. Augustine, Florida: Provided, That such patent shall only operate as a relinquishment of title on the Prov180 - part of the United States, and shall not affect the rights of any third person. No. 1695. AN ACT making appropriations for the support of the Army for the June 12, 1858. year ending the thirtieth June, eighteen hundred and fifty-nine. Vol. 11, p. 332. SEC. 6. And be it further enacted, That all the existing laws, or parts of All laws au- laws which authorize the sale of military sites which are or may become thorizing the sale useless for military purposes be, and the same are hereby, repealed, and of said lands shall not be subject to sale or preemption under any of the t a ry purposes" laws of the United States : Provided, further, That the provisions of the repealed. act of August eighteenth, eighteen hundred and fifty-six, relative to Proviso. certain reservations in the State of Florida, shall continue in force, (a) (a) See Nos. 1630, 1635, 1651, 1652, 1667, 1670, 1672, 1684, 1691, 1692, 1713, 1714. No. 1696. AN ACT to confirm to the heirs or assigns of Bernardo Sequi, title to Feb. 23, 1859. lands in East Florida. Vol. 11, p. 562. Beit enacted, <$-c., That the grant to Bernardo Sequi, of seven thou- Land grant to and acres of land lying on the east side of the St. John's River, in East Bernardo Sequi, Florida, between the place called Dunn's Lake and that known as &c -' confirmed. Horse Landing, including the place called " Buffalo Bluff," made by " Estrada," the then governor of the province of East Florida, on the twentieth day of December, eighteen hundred and fifteen, be confirmed to the said grantee and those claiming under him, and that the Com- missioner of the General Land Office be directed to cause the lands de- scribed in said grant to be surveyed to the claimant, without prejudice to any third person. 696 FLORIDA. Feb 23 1859 No. 1697. AX ACT to authorize the claimants in right of John Huertas to enter Yol ' ll' p. 564. certain lands in Florida. Claimants un- Be it enacted, 80 far a* t] ? e 8ame rem aiD8 unsettled, shall be received and adjudi- cated by the judge of the district court of the northern district of Florida, upon the petition of the heirs of said Underwood, or of any other person or persons claiming under him as purchasers or otherwise, according to the forms, rules, and regulations prescribed by Congress in similar cases, and in the same manner, in all respects, as such claim would have been received and adjudicated if said claim had been pre- sented within the time prescribed by the several acts of Congress for pre- senting the same for confirmation. And so far as said claim is unsettled and is found to be valid, the said district court shall, and is hereby, authorized and required to enforce the location thereof to the person or persons entitled thereto, as heirs, purchasers, or otherwise, under the same rules and regulations as have been exercised in regard to other mill grants in Florida. April 13, I860. No. 1699. AN ACT to settle the titles to lands along the boundary line between the VoL 12, p. 11. States of Georgia and Florida, Claims to cer- Beit enacted, $c., That whenever the dividing line between the States tain lands, grant- of Georgia and Florida shall have been finally surveyed, approved, whirV iS^flli ratined aml confirmed, as the boundary between those States, the See- in Florida, to be retai 7 of the Interior shall be and is hereby, authorized to adjudicate confirmed 'when, upon principles of equity and justice, all claims, under sales or grants &c. by the State of Georgia, to lands which may fall within the State of Florida, and all of said claims which may be approved by him shall be If Georgia first and are hereby ratified and confirmed /Provided, however, that the g nTI bv rt th? State of Geor S ia 8ba11 first ratify and confirm all sales and grants made United States of b 7 the United States of lands in Florida which may fall within the lands in Florida, limits of the State of Georgia under the final adjustment of the bound- ary line aforesaid, (a) (a) SeeXos. 957. 961, 967, 1268, 1624, 1629, 1630, 1631, 1633, 1634, 1636, 1640, 1641, 1643, 1647. 1677, 1700, 1701, 1704, 1710. Wo ' 1700 ' AN ACT for the final adjustment of private land claims in the States p. 85. of Florida, Louisiana, and Missouri, and for other purposes. [See LOUISIANA, No. 957.] FLORIDA. 697 No. 1701. AN ACT to extend the provisions of an act entitled "An act for the final March 2, 1867. adjustment of private land claims in the States of Florida, Louisiana, and Missouri, vol. 14, p. 544. and for other purposes." [See LOUISIANA, No. 961.] Hio. 1702. AN ACT to confirm the title of Ethan Kay Clarke and Samuel Ward July 4, 1868. Clarke to certain lands in the State of I lorida, claimed under a grant from the Span- Vol, 15, p. 377. ish Government. Be it enacted, #c., That the title of Ethan Ray Clarke and Samuel Title of Ethan Ward Clarke to a tract of land five miles square on Black Creek, south 7^1 ^ a?d of Saint Mary's River, in the State of Florida, and bounded as follows : Clarke to certain upon one side by the Saint Mary's River, and upon the other side by land i n Florida vacant lands, being the same lands to which an exclusive right to take confirmed, the timber was granted by the Spanish Government to John Under- wood, and upon which he erected a saw-mill in eighteen hundred and five, and which was kept up and continued for many years, be, and the same is hereby, confirmed : Provided, hoivever. That nothing herein con- tained shall operate to the prejudice of any claim which may be set up to said land by reason of any previous sale thereof ; nor shall this act in any way prejudice any claimant under the said John Underwood, or any person deriving title or claim thereto under said Underwood, his Adverse rights heirs or assigns, or of any person or persons who may be entitled to pre- not affected, emption rights under any existing laws of the United States. No. 1 703. A RESOLUTION granting the right of way to the Pensacola and Bar- Jan. 30, 1871. rancas Railroad Company through the naval and military reservations near Pensa- Vol. 16, p. 593. cola, Florida. Resolved, #c., That the right of way is hereby granted to the Pensa- Right of way cola and Barrancas Railroad Company to construct their road upon and a J f Barrage as through the naval and military reservations near Pensacola, Florida, Raii roa( i Co under such regulations, restrictions, and conditions as the Secretary of the Navy and the Secretary of War may prescribe, (a) (a) See Nos. 1621, 1654, 1658, 1659, 1682, 1690, 1691, 1706, 1707, 1709, 1712. No. 1704. AN ACT to settle and quiet the titles to lands along the boundary line April 9, 1872. between the States of Georgia and Florida. Vol. 17, p. 52. Be it enacted, $*c., That the titles to all lands lying south of the line Titles to cer- dividing the States of Georgia and Florida, known as the Orr and Whit- tain lands in ner line, lately established as the true boundary between said States, Georgia and and north of the line run by Georgia, known as the Watson line, being Derived from the all the lands lying between said lines, be, and the same are hereby, united States, confirmed, so far as the United States has title thereto, in the present confirmed, owners deriving titles from the State of Georgia, (a) (a) See Nos. 957, 961. 967, 1268, 1624, 1629, 1630, 1631, 1633, 1634, 1636, 1640, 1641, 1643, 1647, 1677, 1699/1700, 1701, 1710. No. 1705. AN ACT supplementary to an act entitled "An act to aid in the con- June 4, 1872. strnction of telegraph lines, and to secure to the Government the use of the same for Vol. 17, p. 219. postal, military, and other purposes," approved July twenty-fourth, eighteen hun- dred and sixty-six. Be it enacted, <$-c., That the International Ocean Telegraph Company ^ Internati o n aj shall have stations Company, station at Punta Rasa, near the mouth of the Caloosahatchie River, the lands in Florida, station at Fort Myers, the points where the line of telegraph crosses the Only the small- Caloosahatchie River, the station at Pine Island, and the stations * " Branch River, Bartow, and Tuckertown, each forty acres; such lands being public lands, and now actually used by the International Ocean Telegraph Company of the State of New York : Provided, That whenever any one of the smallest legal subdivisions at any one of the stations des- ignated is less than forty acres, by reason of the land lying adjacent to the Gulf of Mexico, or any bay or river, the said company shall pre-empt only such smallest fractional subdivision upon which the buildings and offices of the company are located. (398 FLORIDA. nTi ?o TVo ir06. AX ACT granting the right of way through the piiblic lands for the VoL 17, p 2-24. construction ot a railroad an d telegraph in Florida. t~olT^ Be it enacted, j-c., That the right of way through the public lands be, through public and the same is hereby, granted to the Great Southern Railway Coni- lands in Florida, pa ny, a corporation created under the laws of the State of Florida, its granted to the succe ' ssors an d assigns, for the construction of a railroad and telegraph Eaifway Con^from the Saint Mary's River, in the State of Florida, to Key West, in pany for railroad said State, together with a branch road from the most eligible point on and telegraph, g^j roa( j to Tampa Bay and Caloosa Entrance, in said State; and the right, power, and authority are hereby given to said corporation to take, from the public lands adjacent to the line of said road, materials for the Extent of construction thereof. Said way is granted to said railroad to the extent grant. o f one hundred feet in width on each side of the central line of said road where it may pass through the public domain, including grounds for station-buildings, workshops, depots, machine-shops, switches, side- tracks, turn-tables, and water-stations, to an amount not exceeding twenty acres, for each ten miles in length of the main line of said rail- Acceptance of road : Provided, That within one year from the passage of this act the this act, and map S aid company shall file with the Secretary of the Interior its accept- of route to be ance ot tne terms o f this act, and a map of the route, exhibiting the line Roadto becon> of the road and its branch, as the same has been located, and shall com- pleted in tenplete said road within ten years of the passage of this act. It shall years. be the duty of the said company to permit any other railroad which has Other r o a d s been or shall be authorized by the United States, or by the State of may form run- Florida, to form running connections with its road on fair and equitable ning c o nn ec - terms j n case o f disagreement, such terms shall be fixed by the Secre- tary of the Interior. Road to be a SEC. 2. That said road shall be a post-route and a military road ; and post-route and Congress at any time, having due regard for the rights of said company, EaS ^ mav fiy rates of tariff for transportation of troops, materials of war, and mails, and may add to, alter, or amend this act. Act may be al- SEC. 3. That Congress reserves it to itself the right to alter, amend, or terea - repeal this act whenever in its judgment the interests of the people may require it. (a) (o) See Xos. 1621, 1654, 1658, 1659, 1682, 1690, 1691, 1703, 1707, 1709, 1712. June 7 1872. IV !>. 1 707. A.N ACT granting the right of way through the public lands to the Jack- YoL 17, p. 280. sonville and Saint Augustine Railroad Company. Right of way Be it enacted, ns D &c for turn-outs and water- stations, are hereby granted to said Daniel P. Hol- land, his successors or assigns, to an amount not exceeding twenty acres for each ten miles in length of main line of railroad where it may pass through the public lands: Provided, That within one year from the passage of this act the said Daniel P. Holland, proprietor of the Jack- Acceptancesonville, Pensacola and Mobile Railroad, his successors, assigns, or and map of route; associates shall file with the Secretary of the Interior his acceptance of W Rteht Ornate tnis act and tne map of tlie routes exhibiting the line of the road and rials? when to tne right to take material shall cease upon the completion of the said cease. road. Said road to be g EC . 2. That said railroad shall be a post-route and a military road, mintarv road- and Congress at any time may fix rates of tariff for troops, materials of tariff of rates. ' war, and mails, and may add to, alter, or amend this act. Repeals. SEC. 3. That all acts and parts of acts conflicting with this act be, and they are hereby, repealed. Time allowed ^ ECt 4 ' TIiat if tlie said road shall not be completed and put in opera- for completion, tion within five years after the passage of this act all rights herein granted shall cease and determine, (a) (a) See Nos. 1621, 1654, 1658, 1659, 1682, 1690, 1691, 1703, 1706, 1707, 1709. March 3, 1879. No. 1713. AN ACT to authorize the Secretary of the Navy to transfer to the Vol. 20, p. 470. Secretary of the Interior, for entry and sale, all lands in the 'State of Florida not needed for naval purposes. in^o e T dland8 Be lt macte ^ $ c -> That the Secretary of the Navy be, and he is hereby, authorized to cause an examination to be made of the condition of all lands in the State of Florida which have been set apart or reserved for naval purposes, excepting the reservation upon which the navy-yard at Pensacola is located, and to ascertain whether or not such reserved lands are or will be of any value to the Government of the United States for naval purposes. Restored to en- SEC. 2. That all of said lands which, in the judgment of the Secretary try and sale. o f the Navy, are no longer required for naval purposes shall, as soon as practicable, be certified by him to the Secretary of the Interior, and be subject to entry and sale in the same manner and under the same con- Proviso, ditions as other public lands of the United States : Provided, That all persons who have, in good faith, made improvements on said reserved lands so certified at the time of the passage of this act, and who occupy the same, shall be entitled to purchase the part or parts so occupied and improved by them, not to exceed one hundred and sixty acres to any one person at one dollar and twenty-five cents per acre within such reasonable time as may be fixed by the Secretary of the Interior. Appropriation. SEC. 3. That the sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to enable the Secretary of the Navy to carry out the provisions of this act. (a) (a) See Nos. 1630, 1635, 1651,1652, 1667, 1670, 1672, 1634, 1691, 1692, 1695, 1714. June 9, 1880. No. 1714. AN ACT to confirm certain entries and warrant locations in the former V oL 21, p. 171. Palatka military reservation in Florida. Homestead en- Be it enacted, <$-c., That in all cases in which lands lying within the i2i e ati l ^rf f mits of the lor mer Palatka military reservation in Florida have been reservation T anX f ntered b F settlers under the homestead laws, and their entries are in conflict with foun ed and fifty, which are confirmed by the act of March third, eighteen hundred and fifty-seven, and in which said settlers have in good faith complied with the requirements of the homestead laws, their entries be, acd the same are hereby, confirmed, on the State filing with the FLORIDA. 701 Commissioner of the General Land Office its relinquishment of all claim . State to select thereto; and the State shall thereupon be entitled to select in lieu indemnity, thereof an equal quantity of land from any of the vacant and unappro- priated public lands of the United States in Florida, and patents shall be issued to the State for the lands so selected in lieu of the tracts taken by the settlers. SEC. 2. That in all cases in which lands lying within said reserva- Private entries tion have been entered at private entry or located by military land- confirmed, and warrants, and which conflict with said selections, the same are also SSS L 8elect **" hereby confirmed on the State relinquishing all claim thereto, and the State shall thereupon be entitled to indemnity in the same manner as indicated in the first section of this act. (a) (a) See Nos. 1630, 1635, 1651, 1652, 1667, 1670, 1672, 1684, 1691, 1692, 1695, 1713. INDIAN TERRITORY. July 8, 1817. NO. 17 15. ARTICLES of a treaty concluded, at the Cherokee agency, within the Proclamation, Cherokee nation, between Major-General Andrew Jackson, Joseph M'Minn, gov- Dec. 26, 1817. ernor of the State of Tennessee, and General David Meriwether, commissioners VoL 7, p. 156. plenipotentiary of the United States of America, of the one part, and the chiefs, bead men, and warriors, of the Cherokee nation, east of the Mississippi River, and the chiefs, head men, and warriors, of the Cberokees on the Arkansas River, and their deputies, John D. Chisholm and James Rogers, duly authorized by the chiefs of the Cherokees on the Arkansas River, in open council, by written power of attorney, duly signed and executed, in presence of Joseph Sevier and William Ware. Cession of ARTICLE 1. The chiefs, head men, and warriors, of the whole Chero- lands to United jj ee na ti O n, cede to the United States all the lands lying north and east change foVother of the following boundaries, viz : Beginning at the high shoals of the lands. Appalachy River, and running thence, along the boundary line between the Creek and Cherokee nations, westwardly to the Cbatahouchy River ; thence, up the Chatahouchy River, to the mouth of tSouque Creek ; thence, continuing with the general course of the river until it reaches the Indian boundary line, and, should it strike the Turrurar River, thence, with its meanders, down said river to its mouth, in part of the proportion of land in the Cherokee nation east of the Mississippi, to which those now on the Arkansas and those about to remove there are justly entitled. Further ces- ART. 2. The chiefs, head men, and warriors, of the whole Cherokee sion of lands. nation, do also cede to the United States all the lands lying north and west of the following boundary lines, viz : Beginning at the Indian boundary line that runs from the north bank of the Tennessee River, opposite to the mouth of Hy wassee River, at a point on the top of Wai- den's Ridge, where it divides the waters of the Tennessee River from those of the Sequatchie River; thence, along the said ridge, south- wardly, to the bank of the Tennessee River, at a point near to a place called'the Negro Sugar Camp, opposite to the upper end of the first island above Running Water Town ; thence, westwardly, a straight line to the mouth of Little Sequatchie River ; thence, up said river, to its main fork ; thence, up its northernmost fork, to its source ; and thence, due west, to the Indian boundary line. ******* The TJnited ART. 5. The United States bind themselves, in exchange for the lands much 8 lanu^&c 18 ceded in the ? rst and second articles hereof, to give to that part of the as they receive Cherokee nation on the Arkansas as much land on said river and White from the Chero- River as they have or may hereafter receive from the Cherokee nation tees, east of the Mississippi, acre for acre, as the just proportion due that part of the nation on the Arkansas agreeably to their numbers ; which is to commence on the north side of the Arkansas River, at the mouth of Point Remove or Budweli's Old Place; thence, by a straight line, northwardly, to strike Chataunga Mountain, or the hill first above Shield's Ferry on White River, running up and between said rivers for complement, the banks of which rivers to be the lines ; and to have the above line, from the point of beginning to the point on White River, run and marked, which shall be done soon after the ratification of this treaty ; and all citizens of the United States, except Mrs. P. Lovely, who is to remain where she lives during life, removed from Former treaties within the bounds as above named. And it is further stipulated, that the treaties heretofore between the Cherokee nation and the United States are to continue in full force with both parts of the nation, and both parts thereof entitled to all the immunities and privilege which the old nation enjoyed under the aforesaid treaties; the United States reserving the right of establishing factories, a military post, and roads, within the boundaries above defined. * * * * * * 702 INDIAN TERRITORY. 703 ART. 8. And to each and every head of any Indian family residing on Reservations the east side of the Mississippi River, on the lands that are now, or may ^an famfli f In " hereafter be, surrendered to the United States, who may wish to be- ' come citizens of the United States, the United States do agree to give a reservation of six hundred and forty acres of land, in a square, to in- clude their improvements, which are to be as near the centre thereof as practicable, in which they will have a life estate, with a reversion in fee-simple to their children, reserving to the widow her dower, the register of whose names is to be filed in the office of the Cherokee agent, which shall be kept open until the census is taken as stipulated in the third article of this treaty. Provided, That if any of the heads of families, for whom reservations may be made, should remove there- from, then, in that case, the right to revert to the United States. And provided further, That the laud which may be reserved under this article, be deducted from the amount which has been ceded under the first and second articles of this treaty, (a) ###*# * * (a) See Nos. 1718, 1724, 1728, 1737, 1750. No. 1716. A TKEATY of friendship, limits, and accommodation, between the Oct. 18, 1820. United States of America and the Choctaw nation of Indians, begun and concluded Proclamation, at the treaty ground, in said nation, near Doak's Stand, on the Natchez road. Jan. 8, 1821. Whereas it is an important object with the President of the United Vl- 7, p. 210. States, to promote the civilization of the Choctaw Indians, by the estab- Objects of the lishment of schools amongst them; and to perpetuate them as a na- treaty, tion, by exchanging, for a small part of their land here, a country beyond the Mississippi River, where all, who live by hunting and will not work, may be collected and settled together. And whereas it is desirable to the State of Mississippi, to obtain a small part of the land belonging to said nation ; for the mutual accommodation of the parties, and for securing the happiness and protection of the whole Choctaw nation, as well as preserving that harmony and friendship which so happily subsists between them and the United States, James Monroe, President of the United States of America, by Andrew Jackson, of the State of Tennessee, Major-General in the Army of the United States, and General Thomas Hinds, of the State of Mississippi, commissioners plenipotentiary of the United States, on the one part, and the Mingoes, head men, and warriors, of the Choctaw nation, in full council as- sembled, on the other part, have freely and voluntarily entered into the following articles, viz : ART. 1. To enable the President of the United States to carry into Cession of lands effect the above grand and humane objects, the Mingoes, head men, bytheChootaws. and warriors, of the Choctaw nation, in full council assembled, in behalf of themselves and the said nation, do, by these presents cede to the United States of America, all the land lying and being within the boundaries following, to wit : Beginning on the Choctaw boundary, Bounds of the east of Pearl River, at a point due south of the White Oak spring, on cession, the old Indian path ; thence north to said spring ; thence northwardly to a black oak, standing on the Natchez road, about forty poles east- wardly from Doake's fence, marked A. J. and blazed, with two large pines and a black oak standing near thereto, and marked as pointers ; thence a straight line to the head of Black Creek, or Bouge Loosa ; thence down Black Creek or Bouge Loosa to a small lake; thence a direct course, so as to strike the Mississippi one mile below the mouth of the Arkansas River ; thence down the Mississippi to our boundary ; thence around and along the same to the beginning. ART. 2. For and in consideration of the foregoing cession, on the United States situate between the Arkansas and Red River, and bounded as follows : Beginning on the Arkansas River, where the lower boundary line of Boundaries, the Cherokees strikes the same ; thence up the Arkansas to the Cana- dian Fork, and up the same to its source ; thence due south to the Red River; thence down Red River, three miles below the mouth of Little River, which empties itself into Red River on the north side ; thence a direct line to the beginning, (a) ******* (a) See Nos. 1717, 1729, 1730, 1733. 704 INDIAN TERRITORY. T on is-)* TVo 171 r. ARTICLES of a convention made between John C. Calhoun, Secretary Proclamatio n, of War, being specially authorized th.-retor by the President of the United States, TVh \<] i l"a r i and the undersigned chiefs and head men of the Choctaw nation of Indians, duly vv.1 17 o-u authorized and empowered by said nation, at the city of Washington, on the twen- YOI.I,P. May, one thousand eight hundred and twenty-eight, and not to vary the rights of the parties to said treaty, any further than said treaty is in- consistent with the provisions of this treaty, now concluded, or these articles of convention and agreement* ART. 6. It is further agreed by the Cheerokee nation that one mile Reservation for square shall be reserved and set apart from the lands hereby guaranteed agency, for the accommodation of the Cheerokee agency ; and the location of the same shall be designated by the Cheerokee nation, in conjunction with the agent of the Government of the United States. ART. 7. This treaty, or articles of convention, after the same have been ratified by the President and Senate, shall be obligatory on the United States and said Cheerokee nation, (a) (a) See Nos. 1715, 1718, 1728, 1737, 1750. !o. 1 725. ARTICLES of agreement and convention, made and concluded at Fort Feb. 14 1833. Gibson, between Montfort Stokes, Henry L. Ellsworth and John F. Schermerhorn, Proclamation, commissioners on the part of the United States, and the undersigned chiefs and head- April 12. 1834* men of the Muskogee or Creek nation of Indians, this 14th day of February, A. D. Vol 7 T> 417 1833. Whereas, certain articles of a treaty were concluded at the city of Preamble. Washington, on the 24th day of January one thousand eight hundred and twenty-six, by and between James Barbour, Secretary of War, on behalf of the United States, and the chiefs and head-men of the Creek nation of Indians ; by which it is agreed that the said Indians shall remove to a country Vest of the Mississippi River: and whereas the sixth article of said treaty provides as follows : " That a deputation of five persons shall be sent by them, (the Creek nation) at the expense of the United States, immediately after the ratification of the treaty, to examine the country west of the Mississippi, not within the limits of the States or Territories, and not possessed by the Choctaws or Chero- kees. And the United States agree to purchase for them, if the same can conveniently be done upon reasonable terms, wherever they may select, a country, whose extent shall in the opinion of the President, be proportioned to their numbers. And if such purchase cannot be thus made, it is then agreed that the selection shall be made where the Pres- ident may think proper, just reference being had to the wishes of the emigrating party." And whereas, the Creek Indians aforesaid, did send five persons as delegates, to explore the country pointed out to them by their treaty ; which delegates selected a country west of the Territory of Arkansas, lying and being along and between the Verdigris, Arkan- sas, and Canadian rivers : and, to the country thus selected, a party of the Creek Indians emigrated the following year. And whereas certain articles of treaty or convention, were concluded at the city of Wash- ington on the 6th day of May, A. D. one thousand eight hundred and twenty-eight, by and between James Barbour Secretary of War, on behalf of the United States, and certain chiefs and head-men of the Cherokee nation of Indians; by the second article of which conven- tion, a country was assigned to the Cherokee Indians aforesaid, includ- ing within its boundaries some of the lands previously selected and claimed by the Creek Indians, under their treaty aforesaid. And whereas, the President and Senate of the United States, for the purpose of protecting the rights secured to the Creek Indians, by their treaty stipulations, and with a view to prevent collision and misunderstanding between the two nations, ratified and confirmed the Cherokee treaty, on the 28th day of May, 1826, with the following proviso : viz." Pro- 714 INDIAN TERRITORY. vided, nevertheless, That the said convention shall not be so construed as to extend the northern boundary of the perpetual outlet west, provided for and guaranteed in the second article of said convention, north of the 36th deg. of north latitude, or so as to interfere with the lands assigned, or to be assigned, west of the Mississippi River to the Creek Indians, who have emigrated or may emigrate from the States of Georgia and Alabama, under the provisions of any treaty or treaties heretofore concluded between the United States and the Creek tribe of Indians : And provided further, that nothing in the said convention shall be construed to cede or assign to the Cherokees any lands heretofore ceded or assigned to any tribe or tribes of Indians, by any treaty now existing and in force, with any such tribe or tribes." And whereas the said Sroviso and ratification of the Cherokee treaty, was accepted by the elegates of the nation, then at the city of Washington as satisfactory acuities SUD- ^ Q tnern as j s 8a own in and by their certain instrument in writing, bear- eequentt ier i ng jate the 31st day of May 1*28, appended to and published with their treaty aforesaid. But, afterwards, the Gherokees of Arkansas and many of those residing east of the Mississippi at the time that treaty was concluded, removed to the country described in the second article of their treaty and settled upon a certain portion of the land claimed by the Creek Indians under their treaty provisions and stipulations. And whereas difficulties and dissensions thus arose between the Chero- kees and Creek tribes about their boundary lines, which occasioned an appeal to the President of the United States for his interposition, and final settlement of the question, which they were unable to settle between themselves. And whereas the commissioners of the United States, whose names are signed hereto, in pursuance of the power and authority vested in them by the President of the United States, met the chiefs and head-men of the Cherokee and Creek nations of Indians, in council, on the 29th ultimo ; and after a full and patient hearing and careful examination of all the claims, set up and brought forward by both the contending parties, they have this day effected an adjustment of all their difficulties, and have succeeded in defining and establishing boundary lines to their country west of the Mississippi, which have been acknowledged, in open council, this day, to be mutually satisfac- tory to both nations. Objects. Now, therefore, for the purpose of securing the great objects contem- plated by an amicable settlement of the difficulties heretofore existing between the Cherokee and Muskogee or Creek Indians, so injurious to both parties ; and in order to establish boundary lines which will secure a country and permanent home to the whole Creek nation of Indians, including theSeminole nation who are anxious to join them, the under- signed commissioners, duly authorized to act on behalf of the United States, and the chiefs and head-men of the said Muskogee or Creek Indians, having full power and authority to act for their people west of the Mississippi, hereby agree to the following articles : ******* Bounds of the ART. II. The United States hereby agree, by and with the consent grants to th e o f the Creek and Cherokee delegates, this day obtained, that the Musko- gee or Creek country west of the Mississippi, shall be embraced within the following boundaries, viz: Beginning at the mouth of the north fork of the Canadian River, and run northerly four miles thence run- ning a straight line so as to meet a line drawn from the south bank of the Arkansas River opposite to the east or lower bank of Grand River, at its junction with the Arkansas, and which runs a course south 44 deg. west, one mile, to a post placed in the ground thence along said line to the Arkansas, and up the same and the Verdigris River, to where the old Territorial line crosses it thence along said line north to a point twenty-five miles from the Arkansas River where the old Territorial line crosses the same thence running a line at right angles with the Terri- torial line aforesaid, or west, to the Mexico line thence along the said line southerly to the Canadian River or to the boundary of the Choctaw country thence down said river to the place of beginning. The lines, hereby defining the country of the Muskogee Indians on the north and east bound the country of the Cherokees along these courses, as settled by the treaty concluded this day between the United States and that tribe. TJnited States ART. III. The United States will grant a patent, in fee-simple, to the jin convey m fee Creek nation of Indians for the lar.d assigned said nation by this treaty or convention, whenever the same shall have been ratified by the Presi- INDIAN TERRITORY. 715 dent and Senate of the United States and the right thus guaranteed by the United States shall be continued to said tribe of Indians, so long as they shall exist as a nation, and continue to occupy the country hereby assigned them. ART. IV. It is hereby mutually understood and agreed between the The whole parties to this treaty, that the land assigned to the Musk ogee Indians, Creek nation and by the second article thereof, shall be taken and considered the property Crested"" of the whole Muskogee or Creek nation, as well of those now residing upon the land, as the great body of said nation who still remain on the east side of the Mississippi : and it is also understood and agreed that the Seminole Indians of Florida, whose removal to this country is pro- vided for by their treaty with the U. S. dated May 9th, 1832, shall also have a permanent and comfortable home on the lands hereby set apart as the country of the Creek nation : and they (the Seminoles) will here- after be considered a constituent part of said nation, but are to be lo- cated on some part of the Creek country by themselves which loca- tion will be selected for them by the commissioners who have signed these articles of agreement or convention. * * * * * * # ART. VIII. It is agreed by the parties to this convention, that the The land grant- country hereby provided for the Creek Indians, shall be taken in lieu ed in lieu of for- of and considered to be the country provided or intended to be pro- mer grant, vided, by the treaty made between the United States and the Creek nation on the 24th day of January, 1826, under which they removed to this country, (a) ###**** (a) See Nos. 1720, 1731, 1738, 1750, 1752. No. 1726. ARTICLES of agreement or a treaty between the United States and May 13, 1833. the Quapaw Indians entered into by John F. Schermerhorn, commissioner of Proclamation, Indian affairs west on the part of the United States and the chiefs and warriors of April 12, 1834. the Quapaw Indians. Vol. 7, p. 424. Whereas, by the treaty between the United States and the Quapaw p hl Indians, concluded November 15th, 1824, they ceded to the United States all their lands in the Territory of Arkansas, and according to which they were " to be concentrated and confined to a district of country inhabited by the Caddo Indians and form a part of ', said tribe," and whereas they did remove according to the stipulations of said treaty, and settled on the Bayou Treache on the south side of Red River, on a tract of land given them by the Caddo Indians, but which was found subject to frequent inundations on account of the raft on Red River, and where their crops were destroyed by the water year after year, and which also proved to be a very sickly country and where in a short time, nearly one-fourth of their people died, and whereas they could obtain no other situation from the Caddoes and they refused to incorporate them and receive them as a constituent part of their tribe as contemplated by their treaty with the United States, and as they saw no alternative but to perish if they continued there, or to return to their old residence on the Arkan- sas, they therefore chose the latter; and whereas they now find them- selves very unhappily situated in consequence of having their little improvements taken from them by the settlers of the country ; and being anxious to secure a permanent and peaceable home the follow- ing articles or treaty are agreed upon between the United States and the Quapaw Indians by John F. Schermerhorn --- commis- sioners of Indian affairs west and the chiefs and warriors of said Quapaw Indians this (13th) thirteenth day of May, 1833. ARTICLE I. The Quapaw Indians hereby relinquish and convey to the United States all their right and title to the lands given them by the Caddo Indians on the Bayou Treache of Red River. ART. II. The United States hereby agree to convey to the Quapaw other lands Indians one hundred and fifty sections of land west of the State line of granted by Uni- Missouri and between the lands of the Senecas and Shawnees, not here- ted States. tofore assigned to any other tribe of Indians, the same to be selected and assigned by the commissioners of Indian affairs west, and which is expressly designed to be [in] lieu of their location on Red River and to carry into effect the treaty of 1824, in order to provide a permanent home for their nation ; the United States agree to convey the same by patent, to them and their descendants as long as they shall exist as a Landsfonnerly 'T*? . re U n .' 716 INDIAN TERRITORY. nation or continue to reside thereon, and they also agree to protect them in their new residence, against all interruption or disturbance from any other tribe or nation of Indians or from any other person or persons whatever, (a) (a) See Xos. 1745. June 30,1834. No. 1727. AN ACT to regulate trade and intercourse with the Indian tribes, and YoL 4, p. 729. to preserve peace on the frontiers. TterrT Se ** en a11 that P art of the Indian country west of the Mis- district of Mis- sissippi River, that is bounded north by the north line of lands assigned souri, &c. to the Osage tribe of Indians, produced east to the State of Missouri : west, by the Mexican possessions ; south, by Red River ; and east, by the west line of the Territory of Arkansas and the State of Missouri, shall be, and hereby is, annexed to the Territory of Arkansas ; and that for the purpose aforesaid, the residue of the Indian country west of the said Mississippi River shall be, and hereby is, annexed to the judicial district of Missouri ; and for the purpose aforesaid, the several portions of Indian country east of the said Mississippi River, shall be, and are hereby, severally annexed to the Territory in which they are situate. Dec. 29, 1835. No. 1 728. ARTICLES of a treaty concluded at New Echota in the State of Proclamation, Georgia on the 29th day of Deer. 1835, by General William Carroll and John F. May 23, 1836. SchermerhorD, commissioners on the part of the United States, and the chiefs, head- VoL 7, p. 478. men, and people of the Cherokee tribe of Indians. Former treaties. ART. 2. Whereas, by the treaty of May 6th, 1828, and the supple- mentary treaty thereto of Feb. 14th, 1833, with the Cherokees west of the Mississippi, the United States guarantied and secured to be conveyed by patent, to the Cherokee nation of Indians, the following tract of country : "Beginning at a point on the old western Territorial line of Arkansas Territory, being twenty-five miles north from the point where the Territorial line crosses Arkansas River; thence running from said north point south on the said Territorial line where the said Territo- rial line crosses Verdigris River ; thence down said Verdigris River INDIAN TERRITORY. 717 to the Arkansas River; thence down said Arkansas to a point where a stone is placed opposite the east or lower bank of Grand River at its junction with the Arkansas ; thence running south forty- four degrees west one mile ; thence in a straight line to a point four miles northerly, from the mouth of the north fork of the Canadian ; thence along the said four-mile line to the Canadian ; thence down the Canadian to the Arkansas ; thence down the Arkansas to that point on the Arkansas where the eastern Choctaw boundary strikes said river, and running thence with the western line of Arkansas Territory, as now defined, to .the southwest corner of Missouri ; thence along the western Missouri line to the land assigned the Senecas ; thence on the south line of the Senecas to Grand River ; thence up said Grand River as far as the south line of the Osage reservation, extended if necessary ; thence up and between said south Usage line, extended west if necessary, and a line drawn due west from the point of beginning to a certain distance west, at which a line running north and south from said Osage line to said due west line will make seven millions of acres within the whole de- scribed boundaries. In addition to the seven millions of acres of land thus provided for and bounded, the United States further guaranty to the Cherokee nation a perpetual outlet west, and a free and unmolested use of all the country west of the western boundary of said seven mill- ions of acres, as far west as the sovereignty of the United States and their right of soil extend : Provided, however, That if the saline or salt p r0 viso as to plain on the western prairie shall fall within said limits prescribed for salines, said outlet, the right is reserved to the United States to permit other tribes of red men to get salt on said plain in common with the Chero- kees ; and letters-patent shall be issued by the United States as soon as Eracticable for the land hereby guarantied ;" and whereas it is appre- Former cession ended by the C hero kees that in the above cession there is not con- insufficient, tained a sufficient quantity of land for the accommodation of the whole nation on their removal west of the Mississippi, the United States, in United States consideration of the sum of five hundred thousand dollars therefore, to convey addi- hereby covenant and agree to convey to the said Indians and their de- tional lands sold scendants, by patent in fee-simple, the following additional tract of to land, situated between the west line of the State of Missouri and the Osage reservation, beginning at the southeast coiner of the same and Boundaries of runs north along the east line of the Osage lands fifty miles to the purchase, northeast corner thereof ; and thence east to the west line of the State of Missouri ; thence with said line south fifty miles ; thence west to the place of beginning ; estimated to contain eight hundred thousand acres of land ; but it is expressly understood that if any of the lands Lands of Qua- assigned the Quapaws shall fall within the aforesaid bounds the same P aws reserved, shall be reserved and excepted out of the lands above granted, and a pro rata reduction shall be made in the price to be allowed to the United States for the same by the Cherokees. ART. 3. The United States also agree that the lands above, ceded by Lands ceded the treaty of Feb. 14, 1833, including the outlet, and those ceded by this and sold to be treaty, shall all be included in one patent executed to the Cherokee na- conveyed by pat- tion of Indians by the President of the United States according to the ent- provisions of the act of May 28, 1830. It is, however, agreed that the Fort Gibson military reservation at Fort Gibson shall be held by the United States, reservation. But should the United States abandon said post and have no further use for the same it shall revect to the Cherokee nation. The United nights reserv- States shall always have the right to make and establish such post and ed to United military forts in any part of the Cherokee country as they may deem States. proper for the interest and protection of the same, and the free use of as much land, timber, fuel, and materials of all kinds for the construc- tion and support of the same, as may be necessary ; provided that if the private rights of individuals are interfered with, a just compensation therefor shall be made. ***##*# ART. 5. The United States hereby covenant and agree that the lands Lands not to be ceded to the Cherokee nation in the foregoing article shall in no future embraced in any time, without their consent, be included within the territorial limits or State or Territo- jurisdiction of any State or Territory. But they shall secure to the t of ClS Cherokee nation the right by their national councils to make and carry kees. into effect all such laws as they may deem necessary for the government Cherokee coun- and protection of the persons and property within their own country cil to make Iaw8 belonging to their people or such persons as have connected themselves p rov i so with them : Provided always, That they shall not be inconsistent with 718 INDIAN TERRITORY. the Constitution of the United States and such acts of Congress as have been or may be passed regulating trade and intercourse with the In- dians; and also, that they shall not be considered as extending to such citizens and army of the United States as may travel or reside in the Indian country by permission according to the laws and regulations established by the Government of the same, (a) ******* (a) See Nos. 1715, 1718, 1724, 1737, 1750. Jan 17 1837 No. 1729. ARTICLES of convention and agreement made on the seventeenth day Proclamation of January, 1837, between the undersigned chiefs and commissioners dnly ap- March24 1837. pointed and empowered by the Choctaw tribe of red people, and John McLish, Vol 7 D *605 Pitman Colbert, James Brown, and James Perry, delegates of the Chickasaw tribe ' ' F ' of Indians, duly authorized by the chiefs and head-men of said people, for- that pur- pose, subject to the approval of the President and Senate of the United States. The Chicka- ARTICLE 1. It is agreed by the Choctaws, that the Chickasaws shall saws to form a have the privilege of forming a district within the limits of their 6 countr y to be neltl on tne same terms that the Choctaws now hold it, except the right of disposing of it, which is held in common with the Choctaws and Chickasaws, to be called the Chickasaw district of the Choctaw nation ; to have an equal representation in their general coun- cil and to be placed on an equal footing in every other respect with any of the other districts of said nation, except a voice in the management of the consideration which is given for these rights and privileges ; and Their privi- the Chickasaw people to be entitled to all the rights and privileges of leges. Choctaws, with the exception of participating in the Choctaw annui- ties and the consideration to be paid for these rights and privileges and to be subject to the same laws to which the Choctaws are, but the Chickasaws reserve to themselves the sole right and privilege of con- trolling and managing the residue of their funds as far as is consistent with the late treaty between the said people and the Government of the United States, and of making such regulations and electing such officers for that purpose as they may think proper. Boundaries of ART. 2. The Chickasaw district shall be bounded as follows, viz: be- the district. ginning on the north bank of Red River, at the mouth of Island Bayou, about eight or ten miles below the mouth of False Wachitta ; thence running north along the main channel of said bayou to its source; thence along the dividing ridge between the Wachitta and Low Blue rivers to the road leading from Fort Gibson to Fort Wachitta ; thence along said road to the line dividing Musha-la-tubbee and Push-meta- haw districts; thence eastwardly along said district line to the source of Brushy Creek ; thence down said creek to where it flows into the Canadian River, ten or twelve miles above the mouth of the south fork of the Canadian; thence west along the main Canadian River to its source, if in the limits of the United States, or to those limits ; and thence due south to Red River and down Red River to the beginn- ing, (a) ***### (a) See Nos. 1716, 1717, 1730, 1733. March 3, 1839. UTo. 17290. AN ACT making appropriations for the current and contingent ex- Vol. 5, p. 323. penses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year one thousand eight hundred and thirty-nine. SEC. 2. And belt further enacted, That the second section of an act iu> passed the twenty-eighth day of May, eighteen hundred and thirty, entitled "An act to provide for an exchange of lands with the Indian tribes residing within any of the States or Territories, and for their re- moval west of the river Mississippi," be, and the same is hereby, re- pealed, (a) (a) See Nos. 1718a. INDIAN TERRITORY. 719 IVo. 1730. ARTICLES of agreement and convention between the United States June 22, 1855. and the Choctaw and Chickasaw tribes of Indians, made and concluded at the city Proclamation, of Washington, the twenty-second day of June, A. D. one thousand eight hundred March 4, 1856. and fifty-five, by George W. Manypeniiy, commissioner on the part of the United Vol. 11, p. 611. States, 'Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dixon W. Lewis, commissioners on the part of the Choctaws ; and Edmund Pickens and Sampson Folsorn, commissioners on the part of the Chickasaws: Whereas the political connexion heretofore existing between the Preamble. Choctaw and the Chickasaw tribes of Indians has given rise to unhappy and injurious dissensions and controversies among them, which render necessary a readjustment of their relations to each other and to the Uuited States ; and Whereas the United States desire that the Choctaw Indians shall re- Preamble, linquish all claim to any territory west of the one hundredth degree of west longitude, and also to make provision for the permanent settle- ment within the Choctaw country of the Wichita and certain other tribes or bands of Indians, for which purpose the Choctaws and Chick- asaws are willing to lease, on reasonable terms, to the United States, that portion of their common territory which is west of the ninety- eighth degree of west longitude; and Whereas the Choctaws contend that, by a just and fair construction Preamble, of the treaty of September 27, 1830, they are, of right, entitled to the net proceeds of the lands ceded by them to the United States, under said treaty, and have proposed that the question of their right to the same, together with the whole subject-matter of their unsettled claims, whether national or individual, against the United States, arising under the various provisions of said treaty, shall be referred to the Senate of the United States for final adjudication and adjustment; and whereas it is necessary for the simplification and better understanding of the relations between the United States and the Choctaw Indians, that all their subsisting treaty stipulations be embodied in one comprehensive instrument : Now, therefore, the United States of America, by their commissioner, George W. Manypenny, the Choctaws, by their commissioners, Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W. Lewis, and the Chickasaws, by their commissioners, Edmund Pickens and Sampson Folsom, do hereby agree and stipulate as follows, viz : ARTICLE 1. The following shall constitute and remain the boundaries Future bound- of the Choctaw and Chickasaw country, viz : Beginning at a point on aries of the Choc- the Arkansas River, one hundred paces east of old Fort Smith, where tew and Chicka- the western boundary line of the State of Arkansas crosses the said sa river, and running thence due south to Red River ; thence up Red River to the point where the meridian of one hundred degrees west longitude crosses the same ; thence north along said meridian to the main Cana- dian River ; thence down said river to its junction with the Arkansas River ; thence down said river to the place of beginning. And pursuant to an act of Congress approved May 28, 1830, the United tn j s he lim |? d8 in . States do hereby forever secure and guarantee the lands embraced anteedtx^them. within the said limits, to the members of the Choctaw and Chickasaw tribes, their heirs and successors, to be held in common ; so that each and every member of either tribe shall have an equal, undivided inter- est in the whole : Provided, hoivever, No part thereof shall ever be sold Proviso as to without the consent of both tribes ; and that said land shall revert to the reversion in the United States if said Indians and their heirs become extinct, or sa id lands, abandon the same. ART. 2. A district for the Chickasaws is hereby established, bounded District estab- as follows, to wit : beginning on the north bank of Red River, at the lished for the mouth of Island Bayou, where it empties into Red River, about twenty- Chickasaws. six miles on a straight line, below the mouth of False Wachitta ; thence running a northwesterly course along the main channel of said bayou, to the junction of the three prongs of said bayou, nearest the dividing ridge between Wachitta and Low Blue rivers, as laid down on Capt. R. L. Hunter's map ; thence northerly along the eastern prong of Island Bayou to its source ; thence due north to the Canadian River ; thence west along the main Canadian to the ninety -eighth degree of west longi- tude ; thence south to Red River ; and thence down Red River to the beginning : Provided, however, If the line running due north, from the eastern source of Island Bayou, to the main Canadian, shall not include Allen's or Wa-pa-nacka Academy, within the Chickasaw district, then, an offset shall be made from said line, so as to leave said academy two 720 INDIAN TERRITORY. miles within the Chickasaw district, north, west and south from the lines of boundary. Choctaw d i a - & RT - 3 1 he remainder of the country held in common by the Choc- trict. taws and Chickasaws, shall constitute the Choctaw district, and their officers and people shall at all times have the right of safe conduct and free passage through the Chickasaw district. * * * * * # * Cession of land ART. 9. The Choctaw Indians do hereby absolutely and forever quit- by the Choctaws. c i a i m a nd relinquish to the United States all their right, title, and in- terest in, and to any and all lands, west of the one hundredth degree of Lease by the west longitude; and the Choctaws and Chickasaws do hereby lease to Chocta w s a n d t he United States all that portion of their common territory west of the us^of^otJer In' ninety-eighth degree of west longitude, for the permanent settlement dians. of the Wichita and such other tribes or bands of Indians as the Govern- ment may desire to locate therein ; excluding, however, all the Indians of New Mexico, and also those whose usual ranges at present are north of the Arkansas River, and whose permanent locations are north of the Canadian River, but including those bands whose permanent ranges are south of the Canadian, or between it and the Arkansas ; which Indians shall be subject to the exclusive control of the United States, under such rules and regulations, not inconsistent with the rights and interests of the Choctaws and Chickasaws, as may from time to time be pre- scribed by the President for their government : Provided, however, Th& Territory so leased shall remain open to settlement by Choctaws and Chickasaws as heretofore. ******* Military posts, ART. 17. The United States shall have the right to establish and post-roads, and maintain such military posts, post-roads, and Indian agencies, as may agencies may be De deemed necessary within the Choctaw and Chickasaw country, but no greater quantity of land or timber shall be used for said purposes, than shall be actually requisite ; and if, in the establishment or main- tenance of such posts, post-roads, and agencies, the property of any Choctaw or Chickasaw shall be taken, injured, or destroyed, just and adequate compensation shall be made by the United States. Only such persons as are, or may be in the employment of the United States, or subject to the jurisdiction and laws of the Choctaws, or Chickasaws, shall be permitted to farm or raise stock within the limits of any of said military posts or Indian agencies. And no offender against the laws of either of said tribes, shall be permitted to take refuge therein. Bight of way ART. 18. The United States, or any incorporated company, shall have for railroads and ^ e r jght of way for railroads, or lines of telegraphs, through the Choc- taw and Chickasaw country; but for any property taken or destroyed in the construction thereof, full compensation shall be made to the party or parties injured, to be ascertained and determined in such man- ner as the President of the United Sates shall direct, (a) * This treaty to ^ RT - ^1. This convention shall supersede and take the place of all supersede "aiiformer treaties between the United States and the Choctaws, and also, former treaties of all treaty stipulations between the United States and the Chicka- with the Choc- B aws, and between the Choctaws and Chickasaws, inconsistent with this consistent tr e^- agreement, and shall take effect and be obligatory upon the contracting ties with Chicka- parties, from the date hereof, whenever the same shall be ratified by the asaws, or between respective councils of the Choctaw and Chickasaw tribes, and bv the President and Senate of the United States. (6) ******* (a) See Nos. 1121, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738, 1739. (b) See Nos. 1716, 1717, 1729, 1733. P^ 7 ' 1& ? 6 ' No * 1*31. ARTICLES of agreement and convention between the United States, An.Ta iftSt and the Creek and Seminole tribes of Indians, made and concluded at the city Vnf ' 1 1 fioo of Washington the seventh day of August, one thousand eight hundred and fifty- .11, p. row. giX) by G. eorge w Many penny, commissioner on the part of the United States, Tuck-a-batchee-Micco, Echo-Harjo, Chilly Mclntosh, Benjamin Marshall, George "W. Stidham, and Daniel X. Mclntosh, commissioners on the part of the Creeks ; and John Jumper, Tuste nuc-o-chee, Pars-co-fer, and James Factor, commissioners on the part of the Seminoles : * * * * * * * Cession by ARTICLE I. The Creek nation doth hereby grant, cede, and convey to noles t0 "^ * ne Seminole Indians, the tract of country included within the follow- ing boundaries, viz : Beginning on the Canadian River, a few miles east of the ninety -seventh parallel of west longitude where Ock-hi-appo, or INDIAN TERRITORY. 721 Pond Creek, empties into the same ; thence, due north to the north fork of the Canadian ; thence, up said north fork of the Canadian to the southern line of the Cherokee country ; thence, with that line, west, to the one-hundredth parallel of west longitude ; thence, south along said parallel of longitude to the Canadian River, and thence down and with that river to the place of beginning. ART. II. The following shall constitute and remain the boundaries Boundaries of of the Creek country, viz : Beginning at the mouth of the north fork of Creek country, the Canadian River, and running northerly four miles ; thence running a straight line so as to meet a line drawn from the south bank of the Arkansas River, opposite to the east or lower bank of Grand River, at its junction with the Arkansas, and which runs a course, south, forty- four degrees, west, one mile, to a post placed in the ground ; thence along said line to the Arkansas and up the same and the Verdigris River, to where the old Territorial line crosses it ; thence along said line, north, to a point twenty -five miles from the Arkansas River, where the old Territorial line crosses the same ; thence running west with the southern line of the Cherokee country, to the north fork of the Canadian River, where the boundary of the cession to the Serninoles defined in the preceeding article, first strikes said Cherokee line; thence down said north fork, to where the eastern boundary line of the said cession to the Sem moles strikes the same ; thence, with that line, due south to the Canadian River, at the mouth of the Ock-hi-appo, or Pond Creek; and thence down said Canadian River to the place of be- ginning. ART. III. The United States do hereby solemnly guarantee to the Seminole and Seminole Indians the tract of country ceded to them by the first article Creek countries of this convention ; and to the Creek Indians, the lands included within guaran t e e dt o the boundaries defined in the second article hereof ; and likewise that them. the same shall respectively be secured to and held by said Indians by the same title and tenure by which they were guaranteed and se- cured to the Creek nation by the fourteenth article of the treaty of March twenty-fourth, eighteen hundred and thirty-two, the third arti- cle of the treaty of February fourteenth, eighteen hundred and thirty- three, and by the letters-patent issued to the said Creek nation, on the eleventh day of August, eighteen hundred and fifty-two, and recorded in volume four of records of Indian deeds in the Office of Indian Affairs, pages 446 and 447. Provided however, That no part of the tract of country so ceded to the Seminole Indians, shall ever be sold, or otherwise dis- posed of without the consent of both tribes legally given. ART. IV. The United States do hereby solemnly agree and bind them- No State or Ter- selves, that no State or Territory shall ever pass laws for the govern -E^g 7 * ment of the Creek or Seminole tribes of Indians, and that no portion of tribes, either of the tracts of country defined in the first and second articles of this agreement shall ever be embraced or included within, or annexed Said to, any Territory or State, nor shall either, or any part of either, ever not to be included be erected into a Territory without the full and free consent of the leg- in any State or islative authority of the tribe owning the same. Territory with - ART. V. The Creek Indians do hereby, absolutely and forever, quit- gent claim and relinquish to the United States all their right, title, and in- Release by terest in and to any lands heretofore owned or claimed by them, whether Creeks of all ti- east or west of the Mississippi River, and any and all claim for or on tie to other lands, account of any such lands, except those embraced within the boundaries against United described in the second article of this agreement. States, exc ep t . * * * * * * &c. ART. XIX. The United States shall have the right to establish and . Eight to estab- maintain such military posts, military and post-roads, and Indian lis j P sts > roads, agencies as may be deemed necessary within the Creek and Semiuole served 86 ? o^t h e country, but no greater quantity of land or timber shall be nsed for said United States, purposes than shall be actually requisite; and if, in the establishment or maintenance of such posts, roads, or agencies, the property of any Regulations re- Creek or Seminole be taken, destroyed, or injured, or any property of spec tin g the either nation, other than laud and timber, just and adequate compensa- same, tion shall be made by the United States. Such persons only as are or may be in the employment of the United States, in any capacity, civil or military, or subject to the jurisdiction and laws of the Creeks and Seminoles, shall be permitted to farm or raise stock within the limits of any of said military posts or Indian agencies. And no offender against * u - laws of either of '* iin. 4G L O VOL II the laws of either of said tribes shall be permitted to take refuge therein. 722 INDIAN TERRITORY. Eight of way ART. XX. The United States, or any incorporated company, shall have for railroads and ^e right of way for railroads, or lines of telegraphs, through the Creek and Seminole countries ; but in the case of any incorporated company, it shall have such right of way only upon such terms, and payment of such amount to the Creeks and Seminoles, as the case may be, as may be agreed upon between it and the national council thereof ; or, in case of disagreement by making full compensation, not only to individual parties injured, but also to the tribe for the right of way, all damage and injury done to be ascertained and determined in such manner as the President of the United States shall direct. And the right of way granted by either of said tribes for any railroad, shall be perpetual or for such shorter term, as the same may be granted, in the same manner as if there were no reversion of their lands to the United States provided for, in case of abandonment by them, or of extinction of their tribe, (a) ART. XXI. The United States will cause such portions of the bound- Surveyof boon- aries of the Creek and Seminole countries, as do not consist of well- daries. defined natural boundaries, to be surveyed and permanently marked and established. The Creek and Semiuole general councils may each appoint a commissioner from their own people to attend the running of their respective boundaries, whose expenses and a reasonable allowance for their time and services, while engaged in such duty, shall be paid by the United States. (6) *#***#* (a) See Xos. 1121, 1730, 1732, 1733, 1734, 1735, 1736, 1737, 1738, 1739. (&) See Xos. 1720, 1725, 1738, 1739, 1750, 1752. Oct. 18, 1865. No. 1732. ARTICLES of a treaty made and concluded at the council ground on Proclamation, the Little Arkansas River eight miles from the mouth of said river, in the State of May 2fi, 1866. Kansas, on the eighteenth (lav of October, in the year of our Lord one thousand VoL 14, p. 717. eight hundred and sixty-five, by and between John'B. Sanborn, William S. Harney, Thomas Murphy. Kit Carson, William W. Bent, Jesse H. Leavenworth, and James Stee'e, commissioners on the part of the United States, and the undersigned chiefs and head-men of the several bauds of Camauche Indians specified in connection with their signatures, and the chiefs and headmen of the Kiowa tribe of Indians, the said chiefs and head-men by the said bands and tribes being thereunto duly authorized. ******* Reservation ART. II. The United States hereby agree that the district of country for Indians who embraced within the following limits, or such portion of the same as JJ 6 * re ~ may hereafter from time to time be designated by the President of the Boundaries. United States for that purpose, viz : Commencing at the northeast cor- ner of New Mexico, thence south to the southeast corner of the same ; thence northeastwardly to a point on main Red River opposite the mouth of the north fork of said river ; thence down said river to the 98th degree of west longitude ; thence due north on said meridian to the Cimarone River ; thence up said river to a point where the same crosses the southern boundary of the State of Kansas; thence along said southern boundary of Kansas to the southwest corner of said State ; thence west to the place of beginning, shall be and is hereby set apart for the absolute and undisturbed use and occupation of the tribes who are parties to this treaty, and of such other friendly tribes as have here- tofore resided within said limits, or as they may from time to time agree No whites, ex- to admit among them, and that no white person except officers, agents, cept, &c., to set- and employe's of the Government shall go upon or settle within the Sss&c* 8011 ' Un country embraced within said limits, unless formally admitted and in- Indians to re- corporated into some one of the tribes lawfully residing there, accord- move thereto. ing to its laws and usages. The Indians parties hereto on their part Claims to other expressly agree * * * that henceforth they will and do hereby re- landg -elinquish- ii n q u ish all claims or rights in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and more especially their claims and rights in and to the country north of the Cimarone River and west of the eastern boundary of New Mex- ico. (a) States ART. IV. It is further agreed by the parties hereto that the United Srough res r eiS Sta . tes ma y la - v off and build through the reservation, provided for by tion, and estab- article II. of this treaty, roads or highways as may be deemed necessary, lish military and may also establish such military posts within the same as may be P 8ta - found necessary, in order to preserve peace among the Indians, and in order to enforce such laws, rules, and regulations as are now or may from time to time be prescribed by the President and Congress of the United States for the protection of the rights of persons and property INDIAN TERRITORY. 723 amoDg the Indians residing upon said reservation, and further, that in time of war such other military posts as may be considered essential to the general interests of the United States may be established : Provided, Damages there- however, That upon the building of such roads, or establishment of such for to be ascer- military posts, the amount of injury sustained by reason thereof by the^ned and paid. Indians inhabiting said reservation shall be ascertained under direction of the President of the United States, and thereupon such compensation shall be made to said Indians as, in the judgment of the Congress of the United States, may be deemed just and proper. (&) ******* (a) See Nos. 1742, 1743. (6) See Nos. 1121, 1730, 1731, 1733, 1734, 1735, 1736, 1737, 1738, 1739. No. 1733. ARTICLES of agreement and convention between the United States and April 28, 1866. the Choctaw and Chickasaw nations of Indiana, made and concluded at the city of Proclamation, Washington the twenty-eighth day of April, in the year eighteen hundred and sixty- July 10, I860, six, by Dennis N. Cooley, Elijah Sells, and E. S. Parker, special commissioners on the VoL 14, p. 769. part of the United States, and Alfred Wade, Allen Wright, James Riley, and John Page, commissioners on the part of the Choctaws, and Winchester Colbert, Edmund Pickens, Holmes Colbert, Colbert Carter, and Robert H. Love, commissioners on the ART. III. The Choctaws and Chickasaws, in consideration of the sum Cession of the of three hundred thousand dollars, hereby cede to the United States the le ased district to territory west of the 98 west longitude, known as the leased district, |^ 68 u n * * e d provided that the said sum shall be invested and held by the United States, at an interest not less than five per cent., in trust for the said nations, until the legislatures of the Choctaw and Chickasaw nations p urcnaae mon . respectively shall have made such laws, rules, and regulations as may 6 y to be invested be necessary to give all persons of African descent, resident in the said by the United nations at the date of the treaty of Fort Smith, and their descendants, St a tea a*.. 1 *? 4 heretofore held in slavery among said nations, all the rights, privileges, m ">until,&o. and immunities, including the right of suffrage, of citizens of said na- tions, except in the annuities, moneys, and public domain claimed by, or belonging to, said nations respectively ; and also to give to such per- sons who were residents as aforesaid, and their descendants, forty acres each of the land of said nations on the same terms as the Choctaws and Chickasaws, to be selected on the survey of said land, after the Choc- taws and Chickasaws and Kansas Indians have made their selections as herein provided; and immediately on the enactment of such laws, rules, and regulations, the said sum of three hundred thousand dollars^ shall be paid to the said Choctaw and Chickasaw nations in the pro- portion of three-fourths to the former and one-fourth to the latter, less such sum, at the rate of one hundred dollars per capita, as shall be sufficient to pay such persons of African descent before referred to as within ninety days after the passage of such laws, rules, and regula- tions shall elect to remove and actually remove from the said nations respectively. And should the said laws, rules, and regulations not be made by the legislatures of the said nations respectively, within two years from the ratification of this treaty, then the said sum of three hundred thousand dollars shall cease to be held in trust for the said Choctaw and Chickasaw nations, and be held for the use and benefit of such of said persons of African descent as the United States shall re- move from the said territory in such manner as the United States shall deem proper, the United States agreeing, within ninety days from the expiration of the said two years, to remove from said nations all such persons of African descent as may be willing to remove; those remain- ing or returning after having been removed from said nations to have no benefit of said sum of three hundred thousand dollars, or any part thereof, but shall be upon the same footing as other citizens of the United States in the said nations. ******* ART. VI. The Choctaws and Chickasaws hereby grant a right of way Right of way through their lands to any company or companies which shall be duly through their authorized by Congress, or by the legislatures of said nations, respect- country for rail- ively, and which shall, with the express consent and approbation of the r0i Secretary of the Interior, undertake to construct a railroad through the Choctaw and Chickasaw nations from the north to the south thereof, and from the east to the west side thereof, in accordance with the pro- visions of the 18th article of the treaty of June twenty -second, one 724 INDIAN TERRITORY. Damages. thousand eight hundred and fifty-five, which provides that for any prop- erty taken or destroyed in the construction thereof full compensation shall be made to the party or parties injured, to be ascertained and determined in such manner as the President of the United States shall Companies sub- direct. But such railroad company or- companies, with all its or their jecttolaws, &c. ao>ents an( j employe's shall be subject to the laws of the United States relating to intercourse with Indian tribes, and also to such rules and regulations as may be prescribed by the Secretary of the Interior for Indians m a y that purpose. And it is also stipulated and agreed that the nation subscribe to through which the road or roads aforesaid shall pass may subscribe to stock. the 8 t; OC k of the particular company or companies such amount or amounts as they may be able to pay for in alternate sections of unoc- cupied lands for a space of six miles on each side of said road or roads, at a price per acre to be agreed upon between said Choctaw and Chick- asaw nations and the said company or companies, subject to the ap- Provisos. proval of the President of the United States : Provided, however. That said land, thus subscribed, shall not be sold, or demised, or occupied by any one not a citizen of the Choctaw or Chickasaw nations, according to their laws and recognized usages : Provided, That the officers, serv- ants, and employe's of such companies necessary to the construction and management of said road or roads shall not be excluded from such occu- pancy as their respective functions may require, they being subject to the provisions of the Indian intercourse law and such rules and regula- tions as may be established by the Secretary of the Interior : And pro- vided also, That the stock thus subscribed by either of said nations shall have the force and effect of a first -mortgage bond on all that part of said road, appurtenances, and equipments situated and used within said nations respectively, and shall be a perpetual lien on the same, and the said nations shall have the right, from year to year, to elect to receive their equitable proportion of declared dividends of profits on their said stock, or interest on the par value at the rate of six per cent, per an- num. When compa- 2. And it is further declared in this connection, that as fast as sections nies to be entitled o f twenty miles in length are completed, with the rails laid ready for lands' 1 U8e ' w ith all water and other stations necessary to the use thereof, as a first-class road, the said company or companies shall become entitled to patents for the alternate sections aforesaid, and may proceed to dispose thereof in the manner herein provided for, subject to the approval of the Secretary of the Interior. Other lands 3. And it is further declared, also, in case of one or more of said al- may be selected ternate sections being occupied by any member or members of said na- in lieu of occu- tions respectively, so that the same cannot be transferred to the said )DS - company or companies, that the said nation or nations, respectively, may select any unoccupied section or sections, as near as circumstances will permit, to the said width of six miles on each side of said road or roads, and convey the same as an equivalent for the section or sections so occupied as aforesaid, (a) * * * * * * * Survey and di- ART. XI. Whereas the land occupied by the Choctaw and Chickasaw vision of lands in nations, and described in the treaty between the United States and said severally. nations, of June twenty-second, eighteen hundred and fifty-five, is now held by the members of said nations in common, under the provisions of the said treaty ; and whereas it is believed that the holding of said land in severally will promote the general civilization of said nations, and tend to advance their permanent welfare and the best interests of their individual members, it is hereby agreed that, should the Choctow and Chickasaw people, through their respective legislative councils, agree to the survey and dividing their land on the system of the United States, the land aforesaid east of the ninety-eighth degree of west longitude shall be, in view of the arrangements hereinafter mentioned, surveyed and laid off in ranges, townships, sections, and parts of sections ; and that for the purpose of facilitating such surveys and for the settlement and distribution of said land as hereinafter provided, there shall be es- Land office es- tablished at Boggy Depot, in the Choctaw territory, a land office ; and tablished at Bog- that, in making the said surveys and conducting the business of the gy Depot. 8a ia o ffi cej including the appointment of all necessary agents and sur- veyors, the same system shall be pursued which has heretofore gov- erned in respect to the public lands of the United States, it being under- stood that the said surveys shall be made at the cost of the United States and by their agents and surveyors, as in the case of their own INDIAN TERRITORY. 725 public lands, and that the officers and employe's shall receive the same compensation as is paid to officers and employe's in the land offices of the United States in Kansas. ART. XII. The maps of said surveys shall exhibit, as far as practica- Maps of sur- ble, the outlines of the actual occupancy of members of the said nations, ve y 8 i* exhibit respectively; and when they are completed, shall be returned to the cies^c . C< said land office at Boggy Depot for inspection by all parties interested, when notice for ninety days shall be given of such return, in such man- ner as the legislative authorities of the said nations, respectively, shall prescribe, or, in the event of said authorities failing to give such notice in a reasonable time, in such manner as the register of said land office shall prescribe, calling upon all parties interested to examine said maps to the end that errors, if any, in the location of such occupancies, may be corrected. ART. XIII. The notice required in the above article shall be given, Notice to par- not only in the Choctaw and Chickasaw nations, but by publication in tie8 interested to newspapers printed in the States of Mississippi and Tennessee, Louisi- m ^ a m l ana, Texas, Arkansas, and Alabama, to the end that such Choctaws and Chickasaws as yet remain outside of the Choctaw and Chickasaw na- tions, may be informed and have opportunity to exercise the rights hereby given to resident Choctaws and Chickasaws : Provided, That be- fore any such absent Choctaw or Chickasaw shall be permitted to select for him or herself, or others, as hereinafter provided, he or she shall satisfy the register of the land office of his or her intention, or the in- tention of the party for whom the selection is to be made, to become bona-fide resident in the said nation within five years from the time of selection ; and should the said absentee fail to remove into said nation, and occupy and commence an improvement on the land selected within the time aforesaid, the said selection shall be cancelled, and the land shall thereafter be discharged from all claim on account thereof. ART. XIV. At the expiration of the ninety days aforesaid the legisla- Lands may be tive authorities of the said nations, respectively, shall have the right to selected for seats select one quarter-section of land in each of the counties of said nations JohoSs^seminiJ respectively, in trust for the establishment of seats of justice therein, ries and colleges" and also as many quarter-sections as the said legislative councils may deem proper for the permanent endowment of schools, seminaries, and colleges in said nation, provided such selection shall not embrace or in- terfere with any improvement in the actual occupation of any member of the particular nation without his consent ; and provided the proceeds of sale of the quarter-sections selected for seats of justice shall be ap- propriated for the erection or improvement of public buildings in the county in which it is located. ART. XV. At the expiration of the ninety days' notice aforesaid, the Each Indian to selection which is to change the tenure of the land in the Choctaw and have a "S 11 * to Chickasaw nations from a holding in common to a holding in severalty JJJ ^ l 5and '"* shall take place, when every Choctaw and Chickasaw shall have the right to cue quarter-section of land, whether male or female, adult or minor, and if in actual possession or occupancy of land improved or cul- Actual occn- tivated by him or her, shall have a prior right to the quarter- section in pant, which his or her improvement lies ; and every infant shall have selected infants, for him or her a quarter-section of land in such location as the father of such infant, if there be a father living, and if no father living, then the mother or guardian, and should there be neither father, mother, nor guardian, then as the probate judge of the county, acting for the best interest of such infant, shall select. ART. XVI. Should an actual occupant of land desire, at any time prior Actual o cen- to the commencement of the surveys aforesaid, to abandon his improve- pan t, prior to sur- inent, and select and improve other land, so as to obtain the prior right Jon^i^fmprovel of selection thereof, he or she shall be at liberty to do so ; in which ments and select event the improvement so abandoned shall be open to selection by other other land, parties: Provided, That nothing herein contained shall authorize the Proviso, multiplication of improvements so as to increase the quantity of land beyond what a party would be entitled to at the date of this treaty. ART. XVII. No selection to be made under this treaty shall be per- Occupation by mitted to deprive or interfere with the continued occupation, by the missionaries of missionaries established in the respective nations, of their several mis- JVSen^noSo sionary establishments; it being the wish of the parties hereto to pro- be interfered mote and foster an influence so largely conducive to civilization and with, refinement. Should any missionary who has been engaged in mission- nights of cer- ary labor for five consecutive years before the date of this treaty in the tain missionaries. 726 INDIAN TERRITORY. said nations, or either of them, or three consecutive years prior to the late rebellion, and who, if absent from the said nations, may desire to return, wish to select a quarter-section of land with a view to a perma- nent home for himself and family, he shall have the privilege of doing so, provided no selection shall include any public buildings, schools or seminary ; and a quantity of land not exceeding six hundred and forty acres, to be selected according to legal subdivisions in one body, and to include their improvements, is hereby granted to every religious society or denomination which has erected, or which, with the consent of the Indians, may hereafter erect buildings within the Choctaw and Chick- asaw country for missionary or educational purposes ; but no laud thus granted, nor the buildings which have been or may be erected thereon, shall ever be sold or otherwise disposed of, except with the consent of the legislatures of said nations respectively and approval of the Secre- tary of the Interior ; and whenever such lands or buildings shall be sold or disposed of, the proceeds thereof shall be applied, under the direction of the Secretary of the Interior, to the support and maintenance of other similar establishments for the benefit of the Choctaws and Chickasaws, and such other persons as may hereafter become members of their na- tions, according to their laws, customs, and usages. Eights of par- ART. XVIII. In making a selection for children the parent shall have ents in selecting a prior right to select land adjacent to his own improvements or selec- ren - tion, provided such selection shall be made within thirty days from the time at which selections under this treaty commence. Mode of select- ART. XIX. The manner of selecting as aforesaid shall be by an entry ing lands. with the register of the land office, and all selections shall be made to conform to the legal subdivisions of the said lands as shown by the surveys aforesaid on the maps aforesaid; it being understood that nothing herein contained is to be construed to confine a party selecting to one section, but he may take contiguous parts of sections by legal subdivisions in different sections, not exceeding together a quarter- section. Proof of im- ART. XX. Prior to any entries being made under the foregoing pro- provements to be visions, proof of improvements, or actual cultivation as well as the trfes 6 P !D num ^ er f persons for whom a parent or guardian, or probate judge of the county proposes to select and of their right to select, and of his or her authority to select for them, shall be made to the register and re- ceiver of the land office, under regulations to be prescribed by the Sec- retary of the Interior. Sections six- ART. XXI. In every township the sections of land numbered sixteen teen and thirty- and thirty-six shall be reserved for the support of schools in said town- for schools 861 ^ 8nip : Provident That if the same has been already occupied by a party Proviso. or parties having the right to select it, or it shall be so sterile as to be unavailable, the legislative authorities of the particular nations shall have the right to select such other unoccupied sections as they may think proper. Military posts ART. XXII. The right of selection hereby given shall not authorize and Indian agen- tne selection of any land required by the United States as a military post, or Indian agency, not exceeding one mile square, which, when abandoned, shall revert to the nation in which the land lies. Names of per- ART. XXIII. The register of the land office shall inscribe in a suitable 8eTections h are^ ook or books ' in alphabetical order, the name of every individual for made to be in WDOm a selection shall be made, his or her age, and a description of the books of register, land selected. Town lots. ART. XXIV. Whereas it may be difficult to give to each occupant of an improvement a quarter-section of land, or even a smaller subdivision, which shall include such improvement, in consequence of such improve- ments lying in towns, villages, or hamlets, the legislative authorities of the respective nations shall have power, where, in their discretion, they think it expedient, to lay off into town lots any section or part of a section so occupied, to which lots the actual occupants, being citizens of the respective nations, shall have pre-emptive right, and, upon pay- ing into the treasury of the particular nation the price of the land as fixed by the respective legislatures, exclusive of the value of said im- provement, shall receive a conveyance thereof. Such occupant shall not be prejudiced thereby in his right to his selection elsewhere. The town lots which may be unoccupied shall be disposed of for the benefit of the particular nation, as the legislative authorities may direct from time to time. When the number of occupants of the same quarter- INDIAN TERRITORY. 727 section shall not be such as to authorize the legislative authorities to lay out the same, or any part thereof, into town lots, they may make such regulations for the disposition thereof as they may deem proper, either by subdivision of the same, so as to accommodate the actual oc- cupants, or by giving the right of prior choice to the first occupant in point of time, upon paying the others for their improvements, to be valued in such way as the legislative authorities shall prescribe, or otherwise. All occupants retaining their lots under this section, and desiring, in addition, to make a selection, must pay for the lots so re- tained, as in the case of town lots. And any Choctaw or Chickasaw who may desire to select a sectioral division other than that on which his homestead is, without abandoning the latter, shall have the right to purchase the homestead sectional division at such price as the respective legislatures may prescribe. ART. XXV. During ninety days from the expiration of the ninety When patents days' notice aforesaid, the Choctaws and Chickasaws shall have the| iss ye tor se- exclusive right to make selections, as aforesaid, and at the end of that le< time the several parties shall be entitled to patents for their respective selections, to be issued by the President of the United States, and coun- tersigned by the chief executive officer of the nation in which the land lies, and recorded in the records of the executive office of the particu- lar nation ; and copies of the said patents, under seal, shall be evidence in any court of law or equity. ART. XXVI. The right here given to Choctaws and Chickasaws, re- Citizens by spectively, shall extend to all persons who have become citizens by adoption or inter- adoption or intermarriage of either of said nations, or who may here- SIM rfSits. after become such. ART. XXVII. In the event of disputes arising in regard to the rights Disputes as to of parties to select particular quarter-sections or other divisions of said f^s ^w to 8 be land, or in regard to the adjustment of boundaries, so as to make them conform to legal divisions and subdivisions such disputes shall be set- tled by the register of the land office and the chief executive officer of the nation in which the land lies, in a summary way, after hearing the parties; and if said register and chief officer cannot agree, the two to call in a third party, who shall constitute a third referee, the decision of any two of whom shall be final, without appeal. ART. XXVIII. Nothing contained in any law of either of the said na- Contiguous se- tions shall prevent parties entitled to make selections contiguous to lections, each other ; and the Choctaw and Chickasaw nations hereby agree to repeal all laws inconsistent with this provision. ART. XXIX. Selections made under this treaty shall, to the extent of . Selections to be one quarter-section, including the homestead or dwelling, be inaliena- inalienable, &c. ble for the period of twenty-one years from the date of such selection, and upon the death of the party in possession shall descend according to the laws of the nation where the land lies; and in the event of his or her death without heirs, the said quarter- section shall escheat to and become the property of the nation. * * * # # * * ART. XXXII. At the expiration of two years, or sooner, if the Presi- Documents in dent of the United States shall so direct, from the completion of the land offices to be surveys and maps aforesaid, the officers of the land offices aforesaid fawTandCMckal shall deliver to the executive departments of the Choctaw and Chicka- saws in two saw nations, respectively, all such documents as may be necessary to years, elucidate the land title as settled according to this treaty, and forward copies thereof, with the field-notes, records, and other papers pertaining to said titles, to the Commissioner of the General Land Office; and there- after grants of land and patents therefor shall be issued in such man- Proceedings ner as the legislative authorities of said nations may provide for all the afterwards, unselected portions of the Choctaw and Chickasaw districts as defined by the treaty of June twenty- second, eighteen hundred and fifty-five. ART. XXXII I. All lands selected as herein provided shall thereafter Selected lands be held in severally by the respective parties, and the unselected land to be held in sev- shall be the common property of the Choctaw and Chickasaw nations, in their corporate capacities, subject to the joint control of their legis- lative authorities. ART. XXXIV. Should any Choctaw or Chickasaw be prevented from Those prevent- selecting for him or herself during the the ninety days aforesaid, the ed from selecting failure to do so shall not authorize another to select the quarter-section in nil | et y day 8 containing his improvement, but he may at any time make his selec- 6 tion thereof, subject to having his boundaries made to conform to legal divisions as aforesaid. 728 INDIAN TERRITORY. Selections after ART. XXXV. Should the selections aforesaid not be made before the transfer of land transfer of the land records to the executive authorities of said nations, records. respectively, they shall be made according to such regulations as the legislative authorities of the two nations, respectively, may prescribe, to the end that full justice and equity may be done to the citizens of the respective Territories. Selected land ART. XXXVI. Should any land that has been selected under the pro- abandoned for visions of this treaty be abandoned and left uncultivated for the space 86V t\c ear avIS of s even years by the party selecting the same, or his heirs, except in rented, &c. the case of infants under the age of twenty-one years, or married wo- men, or persons non compos mentis, the legislative authorities of the nation where such land lies may either rent the same for the benefit of those interested, or dispose of the same otherwise for their benefit, and may pass all laws necessary to give effect to this provision. Inconsi s t e n t ART. LI. It is further agreed that all treaties and parts of treaties in- herewith be, and the same are hereby, declared null and void. (&) (a) See Nos. 1121, 1730, 1731, 1732, 1734, 1735, 1736, 1737, 1738, 1739. (b) See Nos. 1716, 1717, 1729, 1730. July 25, 1866. jy o . 1734. AN ACT granting lands to the State of Kansas to aid in the construe- Vol. 14, p. 236. ti on O f the Kansas and Neoslio Valley Railroad and its extension to Red River. [Right of way granted through the Indian Territory where such right is reserved to the United States. See KANSAS, No. 2022.] July 26, 18C6. No. 1735. AN ACT granting lands to the State of Kansas to aid in the construe- VoL 14, p. 289. tion of a southern branch of the Union Pacific Railway and Telegraph, from Fort Riley, Kansas, to Fort Smith, Arkansas. [Right of way, &c., granted through Indian Territory. See KANSAS, No. 2023.] July 27, 1866. No. 1736. AN ACT granting lands to aid in the construction of a railroad and VoL 14, p. 292. telegraph line from the States of Missouri and Arkansas to the Pacific coast. [Authorized to construct railroad through Indian Territory. See MIS- SOURI, No. 1121.] July 19, 1866. No. 1737. TREATY between the United States of America and the Cherokee Proclamation, nation of Indians. Aug. 11, 1866. * * * # * * * VoL 14, p. 799. ART XI The Cherokee nat i on hereby grant a right of way not ex- Right of way ceeding two hundred feet wide, except at stations, switches, water- for railroads. stations, or crossing of rivers, where more may be indespensable to the full enjoyment of the franchise herein granted, and then only two hun- dred additional feet shall be taken, and only for such length as may be absolutely necessary, through all their lands, to any company or cor- poration which shall be duly authorized by Congress to construct a rail- road from any point north to any part south, and from any point east to any point west of, and which may pass through, the Cherokee na- tion. Said company or corporation, and their employe's and laborers, while constructing and repairing the same, and in operating the said road or roads, including all necessary agents on the line, at stations, switches, water-tanks, and all others necessary to the successful opera- tion of a railroad, shall be protected in the discharge of their duties, and at all times subject to the Indian intercourse laws, now or which may hereafter be enacted and be in force in the Cherokee nation, (a) ******* Lands for mis- ART. XIV. The ri^ht to the use and occupancy of a quantity of land not educational & ur excee( ling one hundred and sixty acres, to be selected according to legal poses. 'subdivisions in one body, and to include their improvements, and not including the improvements of any member of the Cherokee nation, is hereby granted to every society or denomination which has erected, or which with the consent of the national council may hereafter erect, buildings within the Cherokee country for missionary or educational purposes. But no land thus granted, nor buildings which have been or may be erected thereon, shall ever be sold or [otherwise disposed of ex- INDIAN TERRITORY. 729 cept with the consent and approval of the Cherokee national council and the Secretary of the Interior. And whenever any such lands or buildings shall be sold or disposed of, the proceeds thereof shall be ap- plied by said society or societies for like purposes within said nation, subject to the approval of the Secretary of the Interior. * * * * * * * ART. XVI. The United States may settle friendly Indians in any part where the of the Cherokee country west of 96, to be taken in a compact form in United States quantity not exceeding one hundred and sixty acres for each member ?. ay n **!** of each of said tribes thus to be settled ; the boundaries of each of said Ir districts to be distinctly marked, and the land conveyed in fee-simple to each of said tribes to be held in common or by their members in sev- eralty as the United States may decide. Said lands thus disposed of to be paid for to the Cherokee nation at Lands, such price as may be agreed on between the said parties in interest, sub- ject to the approval of the President ; and if they should not agree, then the price to be fixed by the President. The Cherokee nation to retain the right of possession of and jurisdic- Possession and tion over all of said country west of 96 of longitude until thus sold and jurisdiction over occupied, after which their jurisdiction and right of possession to ter- 8U inmate forever as to each of said districts thus sold and occupied. ART. XVII. The Cherokee nation hereby cedes, in trust to the United Cession of lands States, the tract of land in the State of Kansas which was sold to the ^ . A an a ? J Cherokees by the United States, under the provisions of the second arti- cle of the treaty of 1835; and also that strip of the land ceded to the nation by the fourth article of said treaty which is included in the State of Kansas, and the Cherokees consent that said lands may be included in the limits and jurisdiction of the said State. The lands herein ceded shall be surveyed as the public lands of the To be surveyed United States are surveyed, under the direction of the Commissioner of and appraised, the General Land Office, and shall be appraised by two disinterested persons, one to be designated by the Cherokee national council and one by the Secretary of the Interior, and, in case of disagreement, by a third person, to be mutually selected by the aforesaid appraisers. The ap- praisement to be not less than an average of one dollar and a quarter per acre, exclusive of improvements. And the Secretary of the Interior shall, from time to time, as such .To be sold to surveys and appraisements are approved by him, after due advertise- highest bidder, ments for sealed bids, sell such lands to the highest bidders for cash, in parcels not exceeding one hundred and sixty acres, and at not less than the appraised value : Provided, That whenever there are improve- Proviso, ments of the value of fifty dollars made on the lands not being mineral, and owned and personally occupied by any person for agricultural pur- poses at the date of the signing hereof, such person so owning, and in person residing on such improvements, shall, after due proof, made under such regulations as the Secretary of the Interior may prescribe, be entitled to buy, at the appraised value, the smallest quantity of land in legal subdivisions, which will include his improvements, not exceeding in the aggregate one hundred and sixty acres ; the expenses of the survey and appraisement to be paid by the Secretary out of the proceeds of sale of said land : Provided, That nothing in this article shall Proviso, prevent the Secretary of the Interior from selling the whole of said lands not occupied by actual settlers at the date of the ratification of this treaty, not exceeding one hundred and sixty acres to each person entitled to pre-emption under the pre-emption laws of the United States, in a body, to any responsible party, for cash, for a sum not less than one dollar per acre. ******* ART. XXI. It being difficult to learn the precise boundary line between United States the Cherokee country and the States of Arkansas, Missouri, and Kan- to run boundary sas, it is agreed that the United States shall, at its own expense, cause ^ and^htrokee the same to be run as far west as the Arkansas, and marked by perma- country, nent and conspicuous monuments, by two commissioners, one of whom shall be designated by the Cherokee national council. ***>*** ART. XXVI. The United States guarantee to the people of the Cher- Possession okee nation the quiet and peaceable possession of their country and guaranteed to protection against domestic feuds and insurrections, and against hos- Cnerokee nation, tilities of other tribes. They shall also be protected against inter[rjup- 730 INDIAN TERRITORY. tions or intrusion from all unauthorized citizens of the United States who may attempt to settle on their lands or reside in their territory. In case of hostilities among the Indian tribes, the United States agree that the party or parties commencing, the same shall, so far as practi- cable, make reparation for the damages done. Eights of Uni- ART. XXVII. The United States shall have the right to establish one or ted States to es- more military posts or stations in the Cherokee nation, as may be c tory deemed necessary for the proper protection of the citizens of the United States lawfully residing therein and the Cherokees and other citizens of the Indian country. But no sutler or other person connected there- with, either in or out of the military organization, shall be permitted to introduce any spirit[u]ous. vinous, or malt liquors into the Cherokee nation, except the medical department proper, and by them only for strictly medical purposes. And all persons not in the military service of the United States, not citizens of the Cherokee nation, are to be pro- hibited from coming into the Cherokee nation, or remaining in the same, except as herein otherwise provided ; and it is the duty of the United States Indian agent for the Cherokees to have such persons, not lawfully residing or sojourning therein, removed from the nation, as they now are, or hereafter may be, required by the Indian intercourse laws of the United States. ******* Provisions of ART. XXXI. All provisions of treaties heretofore ratified and in force, former treaties, an( j no ^ inconsistent with the provisions of this treaty, are hereby reaf- firmed and declared to be in full force ; and nothing herein shall be con- strued as an acknowledgment by the United States,orasarelinquishment by the Cherokee nation of any claims or demands under the guarantees of former treaties, except as herein expressly provided, (b) (a) See Nos. 1121, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1738, 1739. (b) See Nos. 1715, 1718, 1724, 1728, 1750. June 14. 1866. No. 1738. TREATY of cession and indemnity concluded at the city of Washing- Proclamation, ton on the fourteenth day of June, in the year of our Lord one thousand eight huii- Aug. 11, 1866. dred and sixty-six, by arid between the United States, represented by Dennis Jf. Vol. 14, p. 785. Cooley, Commissioner of Indian Affairs, Elijah Sells, superintendent of Indian af- fairs for the southern superintendencv, and (Jol. Ely S. Parker, special commissioner, and the Creek nation of Indians, represented by Ok-tars-sars-harjo, or Sands ; Cow- e-to-me-co and Che-chu-chee, delegates at large, and D. X. Mclntosh and James Smith, special delegates of the Southern Creeks. ******* Cession of lands ART. III. In compliance with the desire of the United States to locate to the United other Indians and freedmen thereon, the Creeks hereby cede and convey to the United States, to be sold to and used as homes for such other civilized Indians as the United States may choose to settle thereon, the west half of their entire domain, to be divided by a line running north and south ; the eastern half of said Creek lands, being retained by them shall, except as herein otherwise stipulated, be forever set apart as a P ay m e n t s home for said Creek nation ; and in consideration of said cession of the mode of pVv - west half of tneir land s, estimated to contain three millions two hundred ment . and fifty thousand five hundred and sixty acres, the United States agree to pay the sum of thirty (30) cents per acre, amounting to nine hundred and seventy-five thousand one hundred and sixty-eight dollars, in the manner hereinafter provided. ******* Eight of way ART. V. The Creek nation hereby grant a right of way through their for a lands, to the Choctaw and Chickasaw country, to any company which shall be duly authorized by Congress, and shall, with the express consent and approbation of the Secretary of the Interior, undertake to construct a railroad from any point north of to any point in or south of the Creek country, and likewise from any point on their eastern to their western Conditions. or southern boundary, but said railroad company, together with all its agents or employe's, shall be subject to the laws of the United States relating to intercourse with Indian tribes, and also to such rules and regulations as may be prescribed by the Secretary of the Interior for Lands will be that purpose, and the Creeks agree to sell to the United States, or any company duly authorized as aforesaid, such lauds not legally owned or occupied by a member or members of the Creek nation, lying along the line of said contemplated railroad, not exceeding on each side thereof a INDIAN TERRITORY. 731 belt or strip of land three miles in width, at such price per acre as may be eventually agreed upon between said Creek nation and the party or parties building said road, subject to the approval of the President of the United States: Provided, however, That said land thus sold shall not Proviso, be reconveyed, leased, or rented to, or be occupied by any one not a citi- zen of the Creek nation, according to its laws and recognized usages : Provided, also, That officers, servants, and employe's of said railroad necessary to its construction and management, shall not be excluded from such necessary occupancy, they being subject to the provisions of the Indian intercourse law and such rules and regulations as may be es- tablished by the Secretary of the Interior, nor shall any conveyance of any of said lands be made to the party building and managing said road until its completion as a first-class railroad, and its acceptance as such by the Secretary of the Interior, (a) # ****** ART. VII. The Creeks hereby agree that the Seminole tribe of Indians Semlnoles may may sell and convey to the United States all or any portion of the convey to the Seminole lands, upon such terms as may be mutually agreed upon by United States, and between the Seminoles and the United States. ART. VIII. It is agreed that the Secretary of the Interior forthwith Line 'dividing cause the line dividing the Creek country, as provided for by the terms the Creek coun- of the sale of Creek lands to the United States in article third of this tr / tobe survey- treaty, to be accurately surveyed under the direction of the Commis- e ' sioner of Indian Affairs, the expenses of which survey shall be paid by the United States. ******* ART. XIII. A quantity of land not exceeding one hundred and sixty Lands granted acres, to be selected according to legal subdivisions, in one body, and for missionary or to include their improvements, is hereby granted to every religious educational P 1 ^- society or denomination which has erected, or which, with the consent soW Except &o^ of the Indians, may hereafter erect buildings within the Creek country when sold,' pro' for missionary or educational purposes ; but no land thus granted nor ceeds to be how the buildings which have been nor may be erected thereon shall ever be sold or otherwise disposed of, except with the consent and approval of the Secretary of the Interior ; and whenever any such lands or build- ings shall be so sold or disposed of, the proceeds thereof shall be ap- plied, under the direction of the Secretary of the Interior, to the sup- port and maintenance of other similar establishments for the benefit of the Creeks and such other persons as may be or may hereafter become members of the tribe according to its laws, customs, and usages; and if at any time said improvements shall be abandoned for one year for missionary or educational purposes, all the rights herein granted for missionary and educational purposes shall revert to the said Creek nation. ART. XIV. It is further agreed that all treaties heretofore entered Inconsistent into between the United States and the Creek nation which are incon- treaty provisions- sistent with any of the articles or provisions of this treaty shall be, annulled, and are hereby, rescinded and annulled. (&) * * * . (a) See Nos. 1121, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1739. (6) See Nos. 1720, 1725, 1731, 1750, 1752. No. 1739. ARTICLES of a treaty made and concluded at Washington, D. C., March 21, 1866. March 21, A. D. 1866, between the United States Government, by its commission- Proclamation, era, D.N. Cooley, Commissioner of Indian Affairs, Elijah Sells, Superintendent of Aug. 16, 1866, Indian Affairs, and Ely S. Parker, and the Seminole Indians, by their chiefs, John Vol. 14, p. 755. Chup-co, or Long John, Cho-cote-harjo, Fos-ha[r]-jo, John F. Brown. ******* ART. III. In compliance with the desire of the United States to Cession of locate other Indians and freedmen thereon, the Seminoles cede and land a to the convey to the United States their entire domain, being the tract of United States, land ceded to the Seminole Indians by the Creek nation under the pro- visions of article first, treaty of the United States with the Creeks and Seminoles, made and concluded at Washington, D. C., August 7, 1856. In consideration of said grant and session of their lands, estimated at Payment by two million one hundred and sixty-nine thousand and eighty acres, the the United United States agree to pay said Seminole nation the sum of three hun- stat es. died and twenty-five thousand three hundred and sixty-two dollars, said purchase being at the rate of fifteen cents per acre. The United Grant to the States having obtained by grant of the Creek nation the westerly half Seminoles. 732 INDIAN TERRITORY. of their lands, hereby grant to the Seminole nation the portion thereof hereafter described, which shall constitute the national domain of the Boundaries. Seminole Indians. Said lands so granted by the United States to the Seminole nation are bounded and described as follows, to wit : Be- ginning on the Canadian River where the line dividing the Creek lands according to the terms of their sale to the United States by their treaty of February 6, 1866, following said line due north to where said line crosses the north fork of the Canadian River ; thence up said north fork of the Canadian River a distance sufficient to make two hundred thousand acres by running due south to the Canadian River ; thence Payment there- down said Canadian River to the place of beginning. In consideration for. of said cession of two hundred thousand acres of land described above, the Seminole nation agrees to pay therefor the price of fifty cents per acre, amounting to the sum of oce hundred thousand dollars, which amount shall be deducted from the sum paid by the United States for Seminole lands under the stipulations above written. ******* Eight of way ART. V. The Seminole nation hereby grant a right of way through f r t'd" throueh *keir lands to an y company which shall be duly authorized by Congress, the land of the and shall, with the express consent and approbation of the Secretary of Seminoles. the Interior, undertake to construct a railroad from any point on their eastern to their western or southern boundary ; but said railroad com- pany, together with all its agents and employe's, shall be subject to the laws of the United States relating to the intercourse with Indian tribes, and also to such rules and regulations as may be prescribed by the Sec- Lands will he retary of the Interior, for that purpose. And the Seminoles agree to sell to the United States, or any company duly authorized as aforesaid, such lands not legally owned or occupied by a member or members of the Seminole nation lying along the line of said contemplated railroad, not exceeding on each side thereof a belt or strip of land three miles in width, at such price per acre as may be eventually agreed upon between said Seminole nation and the party or parties building said road subject to the approval of the President of the United States : Provided, however, That said land thus sold shall not be reconveyed, leased, or . rented to, or be occupied by, any one not a citizen of the Semiuole Proviso. nation, according to its laws and recognized usages : Provided, also, That officers, servants, and employe's of said railroad necessary to its construction and management shall not be excluded from such neces- sary occupancy, they being subject to the provisions of the Indian inter- course laws, and such rules and regulations as may be established by the Secretary of the Interior ; nor shall any conveyance of said lands be made to the party building and managing said road, until its com- pletion as a first class railroad and its acceptance as such by the Secre- tary of the Interior, (a) ***** * * for missionary ART. X. A quantity of land not exceeding six hundred and forty or educational acres, to be selected according to legal subdivisions, in one body, and purposes. which shall include their improvements, is hereby granted to every religious society or denomination which has erected, or which, with the N ttob Id consen * ^ ^ ne iDdlans, may hereafter erect, buildings within the Sem- except, &c 6 8 ' i n l e country for missionary or educational purposes ; but no laud thus granted, nor the buildings which have been or may be erected thereon, shall ever be sold or otherwise disposed of except with the consent and When s o 1 d, approval of the Secretary of the Interior. And whenever any such proceeds to he land or buildings shall be sold or disposed of, the proceeds thereof shall how applied. be applied, under the direction of the Secretary of the Interior, to the support and maintenance of other similar establishments for the benefit of the Seminoles and such other persons as may be, or may hereafter become, members of the tribe according to its laws, customs, and treaty provisions ART. XI. It is further agreed that all treaties heretofore entered into annulled. between the United States and the Seminole nation which are incon- sistent with any of the articles or provisions of this treaty shall be, and are hereby, rescinded and annulled. (&) (a) See Xos. 1121, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738 (&) See Nos. 1725, 1731, 1750, 1752. INDIAN TERRITORY. 733 No. 1740. ARTICLES of agreement concluded at Washington, D. C., on the Feb. 27, 1867. twenty-seventh day of February, 1867, between the United States, represented by Proclamation, ' ial commis- Aug. 7, 1868. Vol. 15, p. 531. sented by their chiefs, braves, and head-men, to wit: Mazhee, Mianco, Shawgwe, B. H. Bertrand, J. N. Bourassa, M. B. Beaubien, L. H. Ogee, and G-. L. Young. Whereas the Pottawatomies believe that it is for the interest of their Preamble. tribe that a home should be secured for them in the Indian country south of Kansas, while there is yet an opportunity for the selection of a suitable reservation ; and whereas the tribe has the means of pur- chasing such reservation from funds to arise from the sale of lands under the provisions of this treaty, without interfering with the ex- clusive rights of those of their people who hold their lands in common to the ownership of their diminished reserve, held by them in common, or with their right to receive their just proportion of the moneys aris- ing from the sale of unallotted lands, known as surplus lands : Now, therefore, it is agreed ARTICLE I. It being the intention of the Government that a commis- commission to sion shall visit the Indian country as soon as practicable after the rati- select a reserva- fication of the treaties contemplating the removal of certain tribes tion. from Kansas, accompanied by delegates from the several tribes propos- ing to remove, it is agreed that a delegation of the Pottawatomies may accompany said commission in order to select, if possible, a suitable location for their people without interfering with the locations made for other Indians ; and if such location shall be found satisfactory to the Pottawatomies, and approved by the Secretary of the Interior, such tract of land, not exceeding thirty miles square, shall be set apart as a Extent of reser- reservation for the exclusive use and occupancy of that tribe ; and vation. upon the survey of its lines and boundaries, and ascertaining of its area, and payment to the United States for the same, as hereinafter mentioned and set forth, the said tract shall be patented to the Potta- watomie nation : Provided, That if the said Pottawatomies shall prefer Proviso. to select a new home among the Cherokees, by agreement with the said Cherokees for a price within the means of the Pottawatomies, the Gov- ernment will confirm such agreement. ART. II. In case the new reservation shall be selected upon the p r i ce of reser- lands purchased by the Government from the Creeks, Seminoles, or ration, &c. Choctaws, the price to be paid for said reservation shall not exceed the cost of the same to the Government of the United States ; and the sum to be paid by the tribe for said reservation shall be taken from the amount which may be received for the lands which were offered for sale to the Leavenworth, Pawnee, and Western Railroad Company, under the treaty dated November fifteen, eighteen hundred and sixty- one, which amount shall be the common property of the tribe, except the Prairie band, who shall have no interest in said reservation, to be Prairie band. purchased as aforesaid, but in lieu thereof shall receive their pro rata share of the proceeds of the sale of said land in money, as the same may be received: Provided, That if the United States shall advance the Proviso. amount necessary to purchase the said reservation, the interest due upon the deferred payments for said lands, sold as hereinafter provided, shall, when received by the United States, be retained and credited to said tribe interested in said reservation, or so much of said interest as may be due said tribe under this treaty : And provided further, That the Leaven- Atchison, &c., worth, Pawnee and Western Railroad Company, their successors and Railroad Coni- assigns, having failed to purchase said lands, the Atchison, Topeka and pany may pur- Santa Fe~ Railroad Company may, within thirty days after the promulga- ? f ha | 6 the lands tion of this treaty, purchase of the said Pottawatomies their said unal- ' lotted lands, except as hereinafter provided, to St. Mary's mission, at the price of one dollar per acre, lawful money of the United States, and upon filing their bond for the purchase and payment of said lands in due form, Conditions and to be approved by the Secretary of the Interior within the time above terms of pur- named, the said Secretary of the Interior shall issue to the last-named ^eot * railroad company certificates of purchase, and such certificates of pur- chase shall be deemed and holden, in all courts, as evidence of title and possession in the said railroad company to all or any part of said lands, unless the same shall be forfeited as herein provided. The said purchase- money shall be paid to the Secretary of the Interior in trust for said In- dians within five years from the date of such purchase, withinterest at the rate of six per cent per annum on all deferred payments, until the whole purchase money shall have been paid ; and before any patents shall issue 734 INDIAN TERRITORY. for any part of said lands, one hundred thousand dollars shall be de- posited with the Secretary of the Interior, to be forfeited in case the whole of the lands are not paid for as herein provided ; (said money may be applied as the payment for the last one hundred thousand acres of said land;) payments shall also be made for at least one-fourth of said unallotted lands at the rate of one dollar per acre, and when so paid the President is authorized hereby to issue patents for the land so paid for ; and then for every additional part of said land upon payment of one dollar per acre. The interest on said purchase money shall be paid an- nually to the Secretary of the Interior for the use of said Indians. If the said company shall fail to pay the principal when the same shall become due, or to pay all or any part of the interest upon such purchase money within thirty dayi after the time when such payment of interest shall fall due, then this contract shall be deemed and held absolutely null and void, and cease to be binding upon either of the parties thereto, and said company and its assigns shall forfeit all payments of principal and in- terest made on such purchase, and all right and title, legal and equita- ble, of any kind whatsoever, in and to all and every part of said lands which shall not have been, before the date of such forfeiture, paid for as herein provided : Provided, however, That in case any of said lands have been conveyed to bona-fide purchasers by said Atchison, Topeka and Santa F6 Railroad Company, such purchasers shall be entitled to patents for said land so purchased by them upon the payment of one dollar and twenty- five cents per acre therefor, under such rules and regulations as may be prescribed by the Secretary of the Interior. Reservation not ART. III. After such reservation shall have been selected and set apart to be included in f or the Pottawatomies, it shall never be included within the jurisdiction any btate, &c. of any g tato or Territory, unless an Indian Territory shall be organized, as provided for in certain treaties made in eighteen hundred and sixty- six with the Choctaws aud other tribes occupying the "Indian coun- try " ; in which case, or in case of the organization of a legislative coun- cil or other body, for the regulation of matters affecting the relations of the tribes to each other, the Pottawatomies resident thereon shall have the right to representation, according to their numbers, on equal terms with other tribes, (a) * * * * * * # (a) See No. 1749. Oct. 28, 1867. No. 1741. ARTICLES of a treaty and agreement made and entered into at the Proclamation, council camp on Medicine Lodge Creek, seventy miles south of Fort Lamed, in the Aug. 19, 1868. State of Kansas, on the twenty-eighth day of October, eighteen hundred and sixty - VoL 15, p. 593. seven, by and between the United States of America, represented by its commis- sioners duly appointed thereto, to wit: Nathaniel G. Taylor, William's. Harney.C. C. Auger, Alfred H. Terry, John B. Sanborn, Samuel F. Tappan and John B. Hender- son, of the one part, and the Cheyenne and Arapahoe tribes of Indians, represented by their chiefs and head-men duly authorized and empowered to act for the body of the people of said tribes the names of said chiefs and head-men being hereto sub- scribedof the other part, witness : ******* Reservation. ART. II. The United States agrees that the following district of coun- try, to wit : commencing at the point where the Arkansas River crosses the 37th parallel of north latitude, thence west, on said parallel the said line being the southern boundary of the State of Kansas to the Cimarone River (sometimes called the Red Fork of the Arkansas River), thence down said Cimarone River, in the middle of the main channel thereof, to the Arkansas River ; thence up the Arkansas River, in the middle of the main channel thereof, to the place of beginning, shall be and the same is hereby set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians, as from time to time they may be willing, Who not to re- with the cousent of the United States, to admit among them ; and the jon, &c. u n i te( i states now solemnly agrees that no persons except those herein authorized so to do, and except such officers, agents, and em ploy 6s of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation for the use of said Indians. Reservation to ART. III. If it should appear from actual survey or other examina- D6 er if, tion of gaid tract of land ^ that it CODta i ns i e88 than one hundred and sixty acres of tillable land for each person, who at the time may be authorized to reside on it, under the provisions of this treaty, and a Boundaries. INDIAN TERRITORY. 735 very considerable number of such persons shall be disposed to commence cultivating the soil as farmers, the United States agrees to set apart for the use of said Indians as herein provided, such additional quantity of arable land adjoining to said reservation, or as near the same as it can be obtained, as may be required to provide the necessary amount. ART. VI. If any individual, belonging to said tribes of Indians, or Heads of fam . legally incorporated with them, being the head of a family, shall desire iiies desiring to to commence farming, he shall have the privilege to select, in the pres- commence farm- ence and with the assistance of the agent then in charge, a tract of land }f ds m |J 8elec * within said reservation not exceeding three hundred and twenty acres in extent, which tract when so selected, certified, and recorded in the land book as herein directed, shall cease to be held in common, but the Effect of such same may be occupied and held in the exclusive possession of the person selection, &c. selecting it, and of his family, so long as he or they may continue to cultivate it. Any person over eighteen years of age, not being the head Per80ns n 1 of a family, may in like manner select and cause to be certified to him, heads of families, or her, for purposes of cultivation, a quantity of land not exceeding eighty acres in extent, and thereupon be entitled to the exclusive pos- session of the same as above directed. For each tract of land so selected, a certificate containing a descrip- Certificate of tion thereof, and the name of the person selecting it, with a certificate selection to be endorsed thereon, that the same has been recorded, shall be delivered T^lfe record to the party entitled to it by the agent, after the same shall kave been e d. recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known as the "Cheyenne and Arapahoe land book." The President may at any time order a survey of the reserva- Survey, tion, and, when so surveyed, Congress shall provide for protecting the rights of settlers in their improvements, and may fix the character of the title held by each. The United States may pass such laws on the subject of alienation Alienation and and descent of property, and on all subjects connected with the govern- descent of prop- mentof the Indians on 'said reservations, and thj internal police thereof erty ' as may be thought proper. * * * * * * * ART. XI. In consideration of the advantages and benefits conferred Lands outside by this treaty, and the many pledges of friendship by the United States, of reservation re- the tribes who are parties to this agreement hereby stipulate that they linquished to the will relinquish all right to occupy permanently the territory outside of Umte their reservation as herein defined, but they yet reserve the right to hunt Eight to hunt on any lands south of the Arkansas so long as the buffalo may range reserved, thereon in such numbers as to justify the chase ; and no white settle- Limit to white ments shall be permitted on any part of the lands contained in the old settlements, reservation as defined by the treaty made between the United States and the Cheyenne, Arapahoe, and Apache tribes of Indians, at the mouth of the Little Arkansas, under date of October fourteenth, eighteen hundred and sixty-five, within three years from this date. * * * . ART. XII. No treaty for the cession of any portion or part of the Cession of res- reservation herein described, which may be held in common, shall be of ervationnottobe any validity or force as against the said Indians unless executed and valid > unless, De- signed by at least three-fourths of all the adult male Indians occupying or interested in the same ; and no cession by the tribe shall be understood or construed in such manner as to deprive without his consent, any in- dividual member of the tribe of his rights to any tract of land selected by him as provided by Article VI. of this treaty, (a) *#**#** (a) See No. 1746, 1750. No. 1742. ARTICLES of a treaty and agreement made and entered into at the Oct. 21, 1867. council camp, on Medicine Lodge Creek, seventy miles south of Fort Lamed, in Proclamation, the State of Kansas, on the twenty-first day of October, one thousand eight hundred Aug. 25, 1868. and sixty-seven, by and between the United States of America, represented by its Vol. 15, p. 581. commissioners duly appointed thereto, to wit, Nathaniel G. Taylor, William S. Har- ney, C. C. Augur, Alfred S. [H.I Terry, John D. Sanborn, Samuel F. Tappan, and J. B. Henderson, of the one part, and the confederated tribes of Kiowa and C omanche Indians, represented by their chiefs and head-men, duly authorized and empowered to act for the body of the people of said tribes, (the names of said chiefs and head- men being hereto subscribed,) of the other part, witness : ******* ART. II. The United States agrees that the following district of coun- Reservation. try, to wit : commencing at a point where the Washita River crosses the Boundaries. 98th meridian, west from Greenwich ; thence up the Washita River, in 736 INDIAN TERRITORY. the middle of the main channel thereof, to a point thirty miles, by river, west of Fort Cobb, as now established ; thence, due west to the north fork of Red River, provided said line strikes said river east of the one hundredth meridian of west longitude ; if not, then only to said meridian line, and thence south, on said meridian line, to the said north fork of Red River ; thence down said north fork, in the middle of the main channel thereof, from the point where it may be first intersected by the lines above described, to the main Red River; thence down said river, in the middle of the main channel thereof to its intersection with the ninety-eighth meridian of longitude west from Greenwich ; thence north, on said meridian line, to the place of beginning, shall be and the same is hereby set apart for the absolute and undisturbed use and occupation of the tribes herein named, and for such other friendly tribes or individual Indians, as, from time to time, they may be willing with the consent of the United States to admit among 'them ; and Certain p e r - the United States now solemnly agrees that no persons except those sons not to enter herein authorized so to do and except such officers, agents, and employe's etnereon. Q ^ ^ Q Government as may be authorized to enter upon Indian reserva- tion in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this arti- cle, or in such territory as may be added to this reservation, for the use of said Indians. Additional ara- ART. III. If it should appear from actual survey or other satisfactory We land to be examination of said tract of land, that it contains less than one hundred added, it, &c. an( j 8 j x ^y acres o f tillable land, for each person, who at the time may be authorized to reside on it under the provisions of this treaty, and a very considerable number of such persons shall be disposed to commence cultivating the soil as farmers, the United States agrees to set apart for the use of said Indians, as herein provided, such additional quantity of arable land adjoining to said reservation, or as near the same as it can be obtained, as may be required to provide the necessary amount. ******* Heads of fami- ART. VI. If any individual belonging to said tribes of Indians, or j 168 a Y 8e J ect legally incorporated with them, being the head of a family, shall desire lun ^' to commence farming, he shall have the privilege to select, in the pres- ence and with the assistance of the agent then in charge, a tract of land within said reservation, not exceeding three hundred and twenty acres in extent, which tract, when so selected, certified, and recorded' in the "land book" as herein directed, shall cease to be held in common, but the same may be occupied and held in the exclusive possession of the person selecting it, and of his family so long as he or they may continue Others may se- to cultivate it. Any person over eighteen years of age, not being the lect land for cul- head of a iamily, may in like manner select and cause to be certified to him or her, for purposes of cultivation, a quantity of land not exceed- ing eighty acres in extent, and thereupon, be entitled to the exclusive possession of the same as above directed. For each tract of land so selected, a certificate, containing a description thereof and the name of the person selecting it. with a certificate indorsed thereon that the same has been recorded, shall be delivered to the party entitled to it, by the agent, after the same shall have been recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known Surveys. as the " Kiowa and Comanche land book." The President may, at any time, order a survey of the reservation, and, when so surveyed, Con- gress shall provide for protecting the rights of settlers, in their improve- Alienation and ments, and may fix the character of the title held by each. The United descent of prop- States may pass such laws, on the subject of alienation and descent of property and on all subjects connected with the government of the said Indians on said reservations, and the internal police thereof, as may be thought proper. ******* Righttooccupy ART. XI. In consideration of the advantages and benefits conferred by of^eie7vato d n tbi8 treatv and the many pledges of friendship by the United States, surrendered. tne tribes who are parties to this agreement hereby stipulate that they will relinquish all right to occupy permanently the territory outside of their reservation, as herein defined, but they yet reserve the right to Right to hunt hunt on any lands south of the Arkansas River, so long as the buffalo eserved. may ran g e thereon in such numbers as to justify the chase, and no white settlements shall be permitted on any part of the lands contained in the old reservation as defined by the treaty made between the United States INDIAN TEEEITOEY. 737 and the Cheyenne, Ara.pahoe, and Apache tribes of Indians at the mouth of the Little Arkansas, under date of October fourteenth, one thousand eight hundred and sixty- five, within three years from this date. * ART. XII. No treaty for the cession of any portion or part of the res- ervation herein described, which may be held in common, shall be of No treaty for any validity or force as against the said Indians, unless executed and ce ssion of reseiv signed by at least three-fourths of all the adult male Indians occupying n to be valid the same, and no cession by the tribe shall be understood or construed in such manner as to deprive, without his consent, any individual mem- ber of the tribe of his rights to any tract of land selected by him as provided in Article VI. of this treaty, (a) (a) See Nos. 1732, 1743. Oct. 21, 1867. Proclamation, Aug. 25, 1868. Vol. 15, p. 589. IVo. 1743. ARTICLES of a treaty concluded at the council camp on Medicine Lodge Creek, seventy miles south of Fort Lamed, in the State of Kansas, on the twentv-first day of October, eighteen hundred and sixty-seven, by and between the United States of America, represented by its commissioners duly appointed thereto, to wit : Nathaniel G. Taylor, William S-. Harney, C. C. Augur, Alfred S. [H.j Terry, - John B. Sanborn. Samuel F. Tappan, and J. 15." Henderson, of the one part, and the Kiowa, Comanche, and Apache Indians, represented by their chiefs and head-men duly authorized and empowered to act for the body of the people of said tribes . (the names of said chiefs and head-men being hereto subscribed) of the other part, witness : Whereas, on the twenty-first day of October, eighteen hundred and Preamble, sixty-seven, a treaty of peace was made and entered into at the council camp, on Medicine Lodge Creek, seventy miles south of Fort Larned, in the State of Kansas, by and between the United States of America, by its commissioners Nathaniel G. Taylor, William S. Harney, C. C. Augur, Alfred H. Terry, John B. Sauborn, Samuel F. Tappan, and J. B. Henderson, of the one part, and the Kiowa and Comanche tribes of In- dians, of the Upper Arkansas, by and through their chiefs and head-men whose names are subscribed thereto, of the other part, reference being had to said treaty ; and whereas, since the making and signing of said treaty, at a council held at said camp on this day, the chiefs and head- men of the Apache nation or tribe of Indians express to the commis- sioners on the part of the United States, as aforesaid, a wish to be con- federated with the said Kiowa and Comanche tribes, and to be placed, in every respect, upon an equal footing with said tribes ; and whereas, at a council held at the same place and on the same day, with the chiefs and headmen of the said Kiowa and Comanche tribes, they consent to the confederation of said Apache tribe, as desired by it, upon the terms and conditions hereinafter set forth in this supplementary treaty : Now, therefore, it is hereby stipulated and agreed by and between the afore- said commissioners, on the part of the United States, and the chiefs and head-men of the Kiowa and Comanche tribes, and, also, the chiefs and head-men of the said Apache tribe, as follows, to wit : ARTICLE I. The said Apache tribe of Indians agree to confederate and The Apaches become incorporated with the said Kiowa and Comanche Indians, and agree to become to accept as their permanent home the reservation described in the afore- ^^ ^eKiowas said treaty with said Kiowa and Comanche tribes, concluded as afore- JJJd Comanches. said at this place, and they pledge themselves to make no permanent settlement at any place, nor on any lands, outside of said reservation. * * * * * * * ART. IV. In consideration of the advantages conferred by this sup- Apaches to ob- plementary treaty upon the Apache tribe of Indians, they agree to ob- serve stipn la- serve and faithfully comply with all the stipulations and agreements JJJJL. entered into by the Kiowas and Comanches in said original treaty. They agree, in the same manner, to keep the peace toward the whites TO keep the and all other persons under the jurisdiction of the United States, and peace, to do and perform all other things enjoined upon said tribes by the pro- visions of said treaty ; and they hereby give up and forever relinquish To give up cer- to the United States all rights, privileges, and grants now vested in tain rights, them, or intended to be transferred to them, by the treaty between the United States and the Cheyenne and Arapahoe tribes of Indians, con- cluded at the camp on the Little Arkansas River, in the State of Kansas, on the fourteenth day of October, one thousand eight hundred and sixty- five, and also by the supplementary treaty, concluded at the same place on the seventeenth day of the same month, between the United States, of the one part, and the Cheyenne, Arapahoe, and Apache tribes, of the other part, (a) (a) See Nos. 1732, 1742. 47 L O VOL II 738 INDIAN TERRITORY. Feb. 18, 1867. No. 1 744. ARTICLES of agreement made and concluded this eighteenth day of Proclamation, February, one thousand eight hundred and sixty-seven, between the United States, Oct. 14, 1868. represented by Lewis V. Bogy, Commissioner of Indian Affairs; William H. VoL 15, p. 495. "Watson, special commissioner; Thomas Alurphy, superintendent of Indian affairs - for Kansas: and Henry W. Martin, United States Indian agent, duly authorized, and the tribes of Sacs and Foxes of the Mississippi, represented by Keoknk, Che- kns-kuk, Uc-qnaw-ho-ko, Mut-tut-tah, and Man-ah-to-wah, chiefs of said tribes. Cession of ARTICLE I. The Sacs and Foxes of the Mississippi cede to the Gov- lands to United ernm ent of the United States all the lands, with the improvements thereon, contained in their unsold portion of their diminished reserve defined in the first article of their treaty ratified July ninth, one thou- sand eight hundred and sixty, (th3 said tract containing about eighty- six thousand and four hundred acres, and being more particularly de- scribed by the survey and plats on file in the Department of the Inte- rior,) except as reserved in previous treaties, or in this treaty. Additional ART. II. The said Indians also cede to the United States a full and cession. complete title to the lands, with the improvements thereon^ now re- maining unsold in that portion of their old reservation provided by article four of the treaty of July ninth, one thousand eight hundred and sixty, to be sold by the Government for their benefit, the cession herein made being subject to the exceptions defined in this treaty. . yi. The United States agree, in consideration of the improve- am? FoxS 6 ment8 u P on the 8aid reservation, to give to the Sacs and Foxes for their future home a tract of land in the Indian country south of Kansas, and south of the Cherokee lands, not exceeding seven hundred and fifty How to be se- square miles in extent. The selection of such new reservation shall be lected. made under the direction of the Secretary of the Interior, and with his approval, by commissioners appointed by the said Secretary, who shall visit the Indian country, with delegations from all the' tribes proposing to remove thereto, as soon as practicable after the ratifica- How surveyed, tion of this treaty; and said reservation shall be surveyed as to its ex terior lines, at the cost of the United States, under the direction of the Commissioner of Indian Affairs, not to exceed three thousand dollars : Proviso. Provided, That if it shall be found impracticable to select a suitable home for the tribe except by purchase from the Cherokees, the United States will pay towards the said purchase the same amount that would have been payable to the Creeks if the reservation had been selected upon the former Creek lands ; and in that case the balance of the money payable to the Cherokees shall be deducted from the amount due the Sacs and Foxes under this treaty, (a) * * * * * * (a) See Xo. 1752. Feb. 23. 1867. Proclamation, Oct. 14, 1863. VoL15,p.513. Preamble. No. 1745. ARTICLES of agreement, concluded at Washington, D. C., the twen- ty-third day of February, one thousand eight hundred and sixty-seven, between the United States, represented by Lewis V. Bogy, Commissioner of Indian Affairs, W. H. Watson, special commissioner, Thomas Murphy, Superintendent of Indian Affairs, George C. Snow, and G A. Cotton, U. S. Indian agents, duly authorized, and the Senecas, represented by George Spicer and John Mush ; the mixed Senecas and Shawnees, by John Whitetree, John Young, and Lewis Davis ; the Quapaws, by S. G. Vallier and Ka-zhe-cah; the confederated Peoria*. Kaskaskias, Weas, and Piankeshaws, by Baptiste Peoria. John Mitchell, and Edward Black; the Mi- amies, by Thomas Metosenyah and Thomas Richardville, and the Ottawas of Blanchard's Fork and Roche'de Boauf by John White and J. T. Jones, and includ- ing certain Wyandott[e]s, represented by'Tauromee, or John Hat. and John Karaho. Whereas it is desirable that arrangements should be made by which portions of certain tribes, parties hereto, now residing in Kansas, should be enabled to remove to other lands in the Indian country south of that State, while other portions of said tribes desire to dissolve their tribal re- lations and become citizens ; and whereas it is necessary to provide cer- tain tribes, parties hereto, now residing in the Indian country, with means of rebuilding their houses, reopening their farms, and supporting their families, they having been driven from their reservations early in the late war, and suffered greatly for several years, ami being will- ing to sell a portion of their lands to procure such relief ; and whereas a portion of the Wyandottes, parties to the treaty of one thousand eight hundred and fifty-five, although taking lands in severally, have sold said lands and are still poor, and have not been compelled to be- come citizens, but have remained without clearly recognized organiza- tion, while others who did become citizens are unfitted for the respon- sibilities of citizenship ; and whereas the Wyandottes, treated with in INDIAN TERRITORY. 739 eighteen hundred and fifty-five, have just claims against the Govern- ment, which will enable the portion of their people herein referred to to begin anew a tribal existence : Therefore it is agreed : ARTICLE I. The Senecas cede to the United States a strip of land on Cession of lands the north side of their present reservation in the Indian country ; the t o t h e United land so ceded to be bounded on the east by the State of Missouri, on the St^ 68 b y t h e north by the north line of the reservation, on the west by the Neosho Das ' River, and running south for the necessary distance, to contain twenty thousand acres ; for which the Government is to pay twenty thousand dollars upon the ratification of this treaty ; the south line of said tract to be ascertained by survey, at the cost of the United States. ART. II. The Senecas now confederated with the Shawnees, and Furthercession, owning an undivided half of a reservation in the Indian country imme- diately north of the Seneca reservation mentioned in the preceding ar- ticle, cede to the United States one-half of said Seneca and Shawnee reserve, which it is mutually agreed shall be the north half, bounded on the east by the State of Missouri, north by the Quapaw reserve, west by the Neosho River, and south by an east and west line bisecting the present Seneca and Shawnee reserve into equal parts, the said line to be determined by survey, at the expense of the United States ; for which tract of land, estimated to contain about thirty thousand acres, the United States will pay the sum of twenty-four thousand dol- lars, (a) ART. III. The Shawnees, heretofore confederated with the Senecas, Cession of lands cede to the United States that portion of their remaining lands, bounded to the U n i t e d as follows, beginning at a poiut where Spring River crosses the south States by the line of the tract in the second article ceded to the United States, thence down said river to the south line of the Shawnee reserve, thence west to the Neosho River, thence up said river to the south line of the tract ceded in the second article, and thence east to the place of beginning ; supposed to contain about twelve thousand acres, the area to be ascer- tained by survey, at the expense of the United States; the United States to pay for the same at the rate of one dollar per acre, as soon as the area shall be ascertained. (6) ART. IV. The Quapaws cede to the United States that portion of their By the Qua- land lying in the State of Kansas, being a strip of land on the north paws, line of their reservation, about one-half mile in width, and containing about twelve sections in all, excepting therefrom one half-section to be patented to Samuel G. Vallier, including his improvements. Also the further tract within their present reserve, bounded as follows : Begin- ning at a point in the Neosho River where the south line of the Quapaw reserve strikes that stream, thence east three miles, thence north to the Kansas boundary line, thence west on said line to the Neosho River, thence down said river to the place of beginning ; and the United States will pay to the Quapaws for the half-mile strip lying in Kansas at the rate of one dollar and twenty-five cents per acre, whenever the area of the same shall be ascertained; and for the other tract described in this article at the rate of one dollar and fifteen cents per acre, whenever the area of the same shall be ascertained by survey, said survey to be made at the cost of the tribe to which said tract is herein provided to be sold under the pre-emption laws of the United States ; but all such pre-emp- tion shall be paid in the money of the United States, at the proper land office, within one year from the date of entry and settlement, (c) **#***# ART. XIII. The United States will set apart for the Wyandottes, for Land set apart their future home, the land ceded by the Senecas in the first article for the Wyan- hereof, and described in said article, to be owned by the said Wyan- dottes - dottes in common. ^ Bancroft LifefSfy ART. XV. All restrictions upon the sale of lands assigned and patented Certain restrio- to " incompetent" Wyandott[e]s under the fourth article of the treaty tions upon sales of one thousand eight hundred and fifty -five, shall be removed after the of lands re- ratification of this treaty, but no sale of lands heretofore assigned to moved - orphans or incompetents shall be made, under decree of any court, or otherwise, for or on account of any claim, judgment, execution or order, or for taxes, until voluntarily sold by the patentee or his or her heirs, with the approval of the Secretary of the Interior; and whereas many sales of land belonging to this class have heretofore been made, con- trary to the spirit and intent of the treaty of one thousand eight hun- dred and fifty-five, it is agreed that a thorough examination and report 740 INDIAN TERRITORY. shall be made, under direction of the Secretary of the Interior, in order to ascertain the facts relating to all such cases, and upon a fall exami- nation of such report, and hearing of the parties interested, the said Secretary may confirm the said sales, or require au additional amount to he paid, or* declare such sales entirely void, as the very right of the several cases may require. Sale of land to ART. XVI. The west part of the Shawnee reservation, ceded to the the Ottawas. United States by the third article, is hereby sold to the Ottawas at one Payment. dollar per acre ; and for the purpose of paying for said reservation the United States shall take the necessary amount, whenever the area of such land shall be found by actual survey, from the funds in the hands of the Government arising from the sale of the Ottawa trust lands, as provided in the ninth article of the treaty of one thousand eight hun- dred and sixty-two, and the balance of said fund, after the payment of accounts provided for in article five of the treaty of one thousand eight hundred and sixty-two, shall be paid to the tribe per capita. ******* Sale of lands to ART. XX. It is further agreed that the remaining unsold portion of Ottawa rniver- trU8t i an( j 8 o f the Ottawas, amounting to seven thousand two hundred and twenty-one and twenty-one hundredths acres, shall be sold to the trustees of Ottawa University, to be disposed of for the benefit of said institution at the appraised value thereof, and that the said trus- tees shall have until July sixteenth, one thousand eight hundred and sixty-nine, to dispose of the same and pay to the Government the value of said lands: Provided, That the said trustees shall furnish, within thirty days after the ratification of this treaty, to the Secretary of the Interior, a satisfactory bond for the fulfilment of their obligations. Purchasers of ART. XXI. Whereas certain arrangements have been made by the land from the cn i e f s o f the confederated tribes of Peorias, Kaskaskias, Weas, and Pi- re^ve'patents ankeshaws, for the sale to actual settlers of the lands held by them in common, being nine and one-half sections, for a reasonable considera- tion, according to the terms of a certain petition of the said tribe, with schedule annexed, (which schedule is annexed to this treaty and marked "B,") dated December twenty-sixth, one thousand eight hundred and sixty six, filed in the office of the Commissioner of Indian Affairs, it is agreed that the said arrangements shall be carried into full effect, and the purchasers thereunder shall receive patents from the United States for the lands so purchased, upon making full payment for the same to the Secretary of the Interior, and the amount already paid by said pur- chasers, as appears from said schedule, and in the hands of the chiefs, shall be paid to the Secretary of the Interior, and the whole amount of the purchase money shall also be paid to the said Secretary on or before the first day of June, one thoosand eight hundred and sixty-seven, and shall be held by him for the benefit of the tribe, subject to the provi- sions of this treaty. Lands sold to ART. XXII. The land in the second and fourth articles of this treaty the Peorias, &c. proposed to be purchased from the Senecas and Quapa ws, and lying south of Kansas, is hereby granted and sold to the Peorias, &c. and shall be paid for at the rate paid for the same by the Government, out of the pro- ceeds of the nine and a half sections referred to in the last preceding article, adding thereto whatever may be necessary out of other moneys in the hands of the United States belonging to the said Peorias, &c. Indians to re- ART. XXIII. The said Indians agree to dispose of their allotments in move to new Kansas and remove to their new homes in the Indian country within nome in, two Vear8 f rom t h e ratification of this treaty ; and to that end the Sec- retary of the Iiiterior is authorized to remove altogether the restrictions upon the sales of their lands, provided under authority of the third article of the treaty of May thirtieth, one thousand eight hundred and fifty- four, in such manner that adult Indians may sell their own lands, and that the lauds of minors and incompetents may be sold by the chiefs, with the consent of the agent, certified to the Secretary of the Interior and approved by him. And if there should be any allotments for which no owner or heir thereof survives, the chiefs may convey the same by deed, the purchase money thereof to be applied, under the direction of the Secretary, to the benefit of the tribe ; and the guardianship of orphan children shall remain in the hands of the chiefs of the tribe; and the said chiefs shall have the exclusive right to determine who are members of the tribe, and entitled to be placed upon the pay-rolls. INDIAN TERRITORY. 741 ART. XXVI. The Peorias, Kaskaskias, Weas, and Piankeshaws agree Miamies may that the Miamies may be confederated with them upon their new res- be united with ervation, and own an undivided right in said reservation in proportion tn ias &0 * to the sum paid, upon the payment by the said Miamies of an amount which in proportion to the number of the Miamies who shall join them, will be equal to their share of the purchase money in this treaty pro- vided to be paid for the land, and also upon the payment into the com- mon fund of such amount as shall make them equal in annuities to the said Peorias, &c., the said privilege to remain open to the Miamies two years from the ratification of this treaty. * ***** * (a) See Noa. 1719, 1721, 1723. <6) See Nos. 1721, 1722, 1723, 1749. (c) See No. 1726. No. 1746. EXECUTIVE ORDERS relating to Cheyenne and Arapahoe reserve. Annual Report Coinmis s i o n e r DEPARTMENT OF THE INTERIOR, Indian Affairs OFFICE OF INDIAN AFFAIRS, 1fi7 a _ 0^1 June 19, 1869. 1878 ' P " 25L SIR : I have the honor to acknowledge the receipt, by reference from the Secretary of the Interior on the 10th instant, of a letter from Ad- jutant-General E. D. Townsend, bearing date the 9th instant, inclosing a copy of a telegram dated Fort Leavenworth, Kans., June 8, 1869, from Maj.-Gen. J. M. Schofield to General W. T. Sherman, recommending that the reservation for the Arapahoe Indians be changed from its present location to the north fork of the Canadian River, and request- ing a report thereon from this office. By the terms of the treaty with the Cheyenne and Arapahoe tribes of Indians, proclaimed August 19, 1868, it is' provided in the second ar- ticle thereof that " the United States agrees that the following district of country, to wit : Commencing at the point where the Arkansas River crosses the thirty-seventh parallel of north latitude; thence west on said parallel the said line being the southern boundary of the State of Kansas to the Cimarron River (sometimes called the Red Fork of the Arkansas River) ; thence down said Cimarron River, in the middle of the main channel thereof, to the Arkansas River ; thence up the Arkansas River, in the middle of the main channel thereof, to the place of beginning, shall be, and the same is hereby, set apart for the abso- lute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit among them." It will be seen from the language of the second article of said treaty, just quoted, that a reservation upon which they are now located has already been provided for said Indians within the boundaries in said article designated, but I am of opinion that it would be better for both the Indians and the Government if they were to be removed to the north fork of the Canadian River in accordance with the suggestions of General Schofield, provided any authority can be found for removing and locating said Indians in the manner contemplated. Should you be of opinion that such authority exists, and determine Kew bounda in pursuance thereof to cause a removal of said Indians to be made from riea suggested, their present reservation, I would suggest that a tract of country be set aside lor their occupation and use bounded as follows, viz : Commenc- ing at the point where the Washita River crosses the ninety-eighth de- gree of west longitude ; thence north on a line with said ninety-eighth degree to the point where it is crossed by the Red Fork of the Arkansas (sometimes called the Cimarron River); thence up said river, in the middle of the main channel thereof, to the north boundary of the coun- try ceded to the United States by the treaty of June 14, 1866, with the Creek nation of Indians ; thence west on said north boundary and the north boundary of the country ceded to the United States by the treaty of March 21, 1866, with the Seminole Indians, to the one hundredth de- gree of west longitude; thence south on the line of said one hundredth degree to the north boundary of the country set apart for the Kiowas and Comanches by the second article of the treaty concluded October 21, 1867, with said tribes ; thence east along said boundary to the point where it strikes the Washita River; thence down said Washita River, in the middle of the main channel thereof, to the place of beginning. 742 INDIAN TERRITORY. The territory comprised within the boundaries last above designated contains a small portion of the country ceded to the United States by the terms of the treaty with the Creek Indians concluded June 14, 1866 ; a portion of the country ceded to the United States by the terms of the treaty with the Seminole Indians concluded March 21, 1866, and the remainder is composed of a portion of what is commonly known as the " leased country." Inasmuch as this office has no information upon the subject, except that conveyed by the telegram of General Schofield, which is very mea- ger and indefinite, I am unable to determine the causes which seem to require this change, and I would therefore respectfully suggest, unless there is some pressing necessity which will admit of no delay, whether it would not be well to refer the matter to the proper officers of this bureau for investigation and report before any action is taken. The letter of Adjutant- General Townseud, together with the copy of the telegram of General Schofield, are herewith returned. Very respectfully, &c., E. S. PARKER, Commissioner. ' Hon. W. T. OTTO, Acting Secretary of Interior. Annual Report DEPARTMENT OF THE INTERIOR, Comnus si one r OFFICE OF INDIAN AFFAIRS, 1878 ^ 252 8> Washington, D. G., August 10, 1869. I ' '- SIR : Referring to my report to you of the 19th of June last, relative to the change of location of the reservation for the Cheyenne and Arapa- hoe Indians, I now have the honor to submit, herewith, copies of the following letters relative to this subject, viz : Letter from Superintendent Hoag, dated the 31st ultimo, inclosing letter from Brevet Major-General Hazen, dated the 24th ultimo. Letter from Superintendent Hoag, dated the 4th instant, inclosing letter from General Hazen, dated the *2d instant. It appears from these letters that the Cheyennes and Arapahoes did not understand the location of the reservation as defined by the treaty of August 19, 1868 ; that they have never been upon said reserve, and do not desire to go there, but that they desire to locate on the North Fork of the Canadian some 60 miles below Camp Supply ; that the agent for these tribes has a large quantity of valuable stores in this locality, which are very much exposed. New location Inasmuch as these Indians express a desire to be located upon a re- recommended, serve, I think it very desirable that their wishes should be gratified, and that they be not permitted to again roam on the plains. 1 there- fore respectfully recommend that the President be requested to author- ize the location of these Indians on the north fork of the Canadian River, where they desire to go, and that immediate steps be taken to provide temporarily for them there. The country desired by them is public land, and I think it competent for the President to direct their location thereon. In view, however, of the fact that these Indians have a reservation defined for them by treaty stipulation, legislation can be asked of Congress at the coming session to insure a permanent reservation for them where they may locate, and abandon as a reserva- tion the present one, restoring it to the public lands, (a) Very respectfully, your obedient servant, E. S. PARKER, Commissioner. Hon. J. D. Cox, Secretary of the Interior. August 10, 1869. The recommendation of the Indian Commissioner approved. J. D. COX, Secretary. Approved. Approved August 10, 1869. U. S. GRANT, President, (a) See Nos. 1741, 1750. Xo. 1747. AN ACT making appropriations, &c. July 15, 1870. [Permanent home in Indian Territory to be provided for Great and Vol. 16. p. 335. Little Osage Indians. See KANSAS, No. 2040.] INDIAN TERRITORY. 743 No. 1748. EXECUTIVE ORDER relating to the Osage Reserve. Annual report DEPARTMENT OF THE INTERIOR, Commissioner of Washington, D. C., March 27, 1871. Jg^ g lim 25 Affair8 ' SIR : I have received your letters bearing date respectively the 7th, _ ! llth, and 15th instant, in relation to the stttlement of the Great and Tract assigned Little Osage Indians upon a tract of land to be assigned them within to G^ ea t an d Lit- the Cherokee country. * * * I concur m your recommendation that there be assigned and set off to the Great and Little Osages a tract situate within the Cherokee coun- try described as follows : Beginning at a point where the ninety-sixth meridian of longitude west from Greenwich intersects the southern boundary of Kansas ; thence south along said meridian to the line sep- arating the Cherokee country from the Creek country ; thence west- ward on said line to a point so that a line running from such point, par- allel to said meridian, to the said boundary of Kansas, and with said boundary to the place of beginning, will inclose an area containing 560,000 acres, (a) ' Very respectfully, your obedient servant, C. DELANO, Secretary. The COMMISSIONER OF INDIAN AFFAIRS. (a) See Nos. 1747, 1751. No. 1749. AN ACT to provide homes for the Pottawatomie and Absentee Shawnee May 23, 1872. Indians in the Indian Territory. VoL 17, p. 159. Be it enacted, #c., That the Secretary of the Interior be, and he is Allotments of hereby, authorized and directed to issue certificates by which allotments land to be made of land lying within the thirty-mile square tract heretofore selected for JJ the PotSwS the Pottawatomie Indians, and lying next west of the Seminole reser- tomie citizen vation in the Indian Territory, shall be made to each member of the band. Pottawatomie band, known as the Pottawatomie citizen band, as fol- lows, viz: To each head of a family, and to each other member twenty- Quantityto one years of age, not more than one quarter-section, and to each minor each. of the tribe not more than eighty acres ; and such allotments shall be made to include, as far as may be practicable for each family, the im- provements which they may have made. Certificates of such allotments Certificates of shall be made in severalty, specifying the names of individuals to whom allotments, how they have been assigned, and that said tracts are set apart for the ex- ]^te what* 1 elusive and perpetual use and benefit of such assignees and their heirs. Until otherwise provided by law such tracts shall be exempt from levy, Lands to be ex- taxation, or sale, and shall be alienable in fee, or leased or otherwise empt, &c., and disposed of only to the TJnited States, or to persons of Indian blood, alienable, &c. lawfully residing within said Territory with permission of the Presi- dent and under such regulations as the Secretary of the Interior shall prescribe : Provided, That such allotments shall be made to such of the Residence, above-described persons as have resided or shall hereafter reside three years continuously on such reservation, and that the cost of such lands Cost, and how- to the United States shall be paid from any fund now held, or which paid, may be hereafter held by the United States for the benefit of such In- dians, and charged as a part of their distributive share, or shall be paid for by said Indians before such certificates are issued: Provided, Said Indians to ac- Pottawatomie Indians shall neither acquire nor exercise under the laws quire no more of the United States any rights or privileges in said Indian Territory, ri hts tnan ' &c> other than those enjoyed by the members of the Indian tribes lawfully residing therein. And for the protection of the rights of persons and May enforce property among themtelves,thty may enforce the laws and usages here- usages. tofore enforced among them as an Indian tribe, not inconsistent with the Constitution and laws of the United States, and shall be entitled to Entitled to rep- equitable representation in the general Territorial council, and subject resentatum. to the general laws which it may legally enact, (a) SEC. 2. When it bhall be shown to the satisfaction of the Secretary of Allotments of the Interior that any Indian of pure or mixed blood of the Absentee land to the Ab- Shawnees, being a head of a family, or a person over twenty-one years f^jians awnee of age, has resided, continuously, for the term of three years within the thirty-mile square tract lying west of the Seminole reservation in the Indian Territory, and has made substantial improvements thereon, it shall be the duty of the Secretary of the Interior to issue to said Indian To whom and a certificate of allotment for eighty acres of land, to include, so far as how made > &0 - may be practicable, his or her improvements, together with an addition 744 INDIAN TERRITORY. of twenty acres for each child under twenty-one years of age belonging to the family of said Indian, which certificate shall include the same provisions as are included in the certificates of allotments of lands to be issued under the provisions of the first, section of this act. (&) (a) See No. 1740. (6) See Nbs. 1721, 1722, 1723, 1745. May 29, 1872. No. 175O. AN ACT making appropriations for the current and contingent ex- Vof! 17, p. 165. penses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirty, eighteen hundred and seventy -three, and for other purposes. Appraisement SEC. 5. That the President of the United States and the Secretary of to be * de of the Interior are hereby authorized to make an appraisement of the lands" 1 6e Cherokee lands lying west of the ninety-sixth meridian of west longi- tude, and west of the land of the Osage Indians, in the Indian Terri- tory, and south of the southern line of the State of Kansas, ceded to the United States by the Cherokee Indians under their treaty of July nine- teenth, eighteen hundred and sixty-six, for the settlement of friendly Secretary of Indians, and report the same to Congress : (a) Provided, That the Secre- the Interior to ^ ar y o f fo e interior be, and he hereby is, authorized to negotiate with the Southern Che Southern Cheyennes and Arapahoes for the relinquishment of their claim ennes and Arap- to the land ceded to them by the second article of the treaty of October ahoes for the re- twenty-eighth, eighteen hundred and sixty-seven, out of the cession made *T S toth^m and ky * ne Cherokees in the treaty of July nineteen, eighteen hundred and for what consid- sixty-six ; such relinquishment, if obtained, to be in consideration of a eration. sufficient and permanent location for the said Cheyennes and Arrap- ahoes, upon the lands ceded to the United States by the Creeks and Seminoles in the treaties of March twenty-first and June fourteenth, Report to Con- eighteen hundred and sixty-six ; and that the Secretary report the action taken by him under this provision to Congress at its next ses- sion. (&) (a) SeeNos. 1715, 1718, 1724, 1728, 1737. (6) See Nos. 1720, 1725, 1731, 1733, 1739, 1741, 1746, 1752. June 5, 1872. No. 1751 .AN ACT to confirm to the Great and Little Osage Indians a reservation Vol. 17, p. 228. i n t"h e Indian Territory. Preamble. Whereas by the treaty of eighteen hundred and sixty-six between the United States and the Cherokee nation of Indians, said nation ceded to the United States all its lands west of the ninety-sixth meridian west longitude, for the settlement of friendly Indians thereon ; and whereas by act of Congress approved July fifteenth, eighteen hundred and seventy, the President was authorized and directed to remove the Great and Little Osage In dians to a location in the Cherokee coun- try west of the ninety-sixth meridian, to be designated for them by the United States authorities ; and whereas it was provided by the same act of Congress that the lands of the Osages in Kansas should be sold by the United States, and so much of the proceeds thereof as were ne- cessary should be appropriated for the payment to the Cherokees for the lands set apart for the said Osages west of the ninety- sixth merid- Keservation of i an an( j whereas under the provisions of the above-mentioned treaty Little T Osl*e In- and act of Congress and concurrent action of the authorities of the United dians. States and the Cherokee nation, the said Osages were removed from their former homes in the State of Kansas to a reservation set apart for them in the Indian Territory, at the time of the removal supposed to be West of the said ninety-sixth meridian, and bounded on the east there- by, and upon which said Osages have made substantial and valuable improvements ; and whereas by a recent survey and establishment of the ninety-sixth meridian it appears that the most valuable portion of said Osage reservation, and upon which all their improvements are situated, lies east of the said meridian ; and whereas it therefore be- came necessary to select other lands in lieu of those found to be east of the established ninety-sixth meridian for said Osage Indians; and whereas a tract has accordingly been selected, lying between the west- ern boundary of the reservations heretofore set apart for said Indians and the main channel of the Arkansas River, with the south line of the State of Kansas for a northern boundary, and the north line of the INDIAN TERRITORY. 745 Creek country and the main channel of the Arkansas River for a south- ern and western boundary ; and whereas the act of Congress approved July fifteenth, eighteen hundred and seventy, restricts the said reser- vation for said Osage Indians to " a tract of land in compact form equal in quantity to one hundred and sixty acres for each member of said tribe;" and whereas in a letter of the Cherokee delegation, ad- dressed to the Secretary of the Interior on the eighth day of April, eighteen hundred and seventy-two on behalf of the Cherokee nation, containing their approval of and assent to the proposition to provide for the settlement of the Osage and Kaw Indians on that portion of the Cherokee country lying west of the ninety-sixth degree west longitude, south of Kansas, east and north of the Arkansas River : Therefore, Be it enacted, #c., That in order to provide said Osage tribe of Indians A tract of land with a reservation, and secure to them a sufficient quantity of land west of the 96th suitable for cultivation, the following-described tract of country, west Sjartwa rese of the established ninety-sixth meridian, in the Indian Territory, be, V ation for the and the same is hereby, set apart for and confirmed as their reservation, Great and Little namely : Bounded on the east by the ninety-sixth meridian, on the south Osage Indians, and west by the north line of the Creek country and the main channel oundane8 - of the Arkansas River, and on the north by the south line of the State of Kansas : Provided, That the location as aforesaid shall be made under Location, the provisions of article sixteen of the treaty of eighteen hundred and sixty- six, so far as the same may be applicable thereto: And provided Kansas Indians further, That said Great and Little Osage tribe of Indians shall permit may be settled on the settlement within the limits of said tract of land [of] the Kansas Q^j^SdLitSe tribe of Indians, the lauds so settled and occupied by said Kansas Osage tribes. Indians, not exceeding one hundred and sixty acres for each member of said tribe, to be paid for by said Kansas tribe of Indians out of the proceeds of the sales of their lands in Kansas, at a price not exceeding that paid by the Great and Little Osage Indians to the Cherokee nation of Indians, (a) (a) See Nos. 1747, 1748. No. 1753. To authorize the Secretary of the Interior to negotiate with the Creek March 3, 1873. Indians for the cession of a portion of their reservation, occupied by friendly VoL 17, p. 626. Indians. Whereas by the third article of the treaty concluded with the Creek Preamble Indians June fourteenth, eighteen hundred and sixty-six, said Indians ceded to the United States, for the settlement of friendly Indians and freedmen, the west half of their entire domain, to be divided by a line running north and south ; and whereas the recent survey of said line, made in conformity with the provisions of said treaty, includes within the limits of the Creek reservation, east of said line, some of the im- provements made on a reservation selected on what was supposed to be the Creek ceded lands, for the Seminole tribe of Indians, which reserva- tion is provided for in their treaty of March first, eighteen hundred and sixty-six, and also some of the improvements of the Sacs and Foxes, of the Mississippi tribe of Indians, made on a reservation intended to be established in accordance with the provisions of their treaty of Feb- ruary eighteenth, eighteen hundred and sixty-seven ; and whereas said improvements have been made upon said lands by and for the aforesaid Indians, who have settled thereupon in good faith, in accordance with treaty stipulations ; and whereas it is necessary, in order to secure these improvements to said Indians, and to insure them suitable reserva- tions, that the lands occupied thereby should be granted to them; Therefore, Beit enacted, fc., That the Secretary of the Interior be, and he hereby Secretary of the is, authorized to negotiate with the aforesaid Creek Indians for the Interior may ne- relinquishment to the United States of such portions of their country g^ia/te ^t.the as may have been set apart in accordance with treaty stipulations, f or f or t ^ Q ceS sion of the use of the Seminoles, and the Sacs and Foxes of the Mississippi a portion of their tribes of Indians, respectively, found to be east of the line separating reservation, the Creek ceded lands from the Creek reservation, and also to negotiate and arrange with said tribes for a final and permanent adjustment of Report to Con- their reservations; and the Secretary shall report the result to Con-g re ss- gress. (a) (a) See Nos. 1720, 1725, 1731, 1738, 1739, 1744, 1752. 746 INDIAN TERRITORY. March 3, 1875. Wo. 1753. AX ACT to establish the boundary line between the State of Arkansas VoL 18, p. 476. and the Indian country. [Boundary between Arkansas and Indian Territory. See ARKANSAS, No. 1257.] April 10, 1876. Wo. 1754, AN ACT to authorize the sale of the Pawnee reservation. VoL 19, p. 28. [Reservation in Indian Territory set apart for Pawnee Indians. See NEBRASKA, No. 2126.] H\V '/ -