Specific ap- the adjutant and inspector and paymaster of the army, four thousand propriations. STATUTE II. March 3, 1903. A lighthouse to be erected on Whitehead, Penobscot bay. Appropriation. STATUTE II. March 3, 1803. District of from Newbern, North Carolina. Beaufort port of entry. five hundred dollars. SEC. 2. And be it further enacted, That a sum not exceeding twenty thousand dollars, including any unexpended balance of former appropriations for the same object, be, and the same hereby is appropriated for defraying the expense of any treaty or treaties which may be held with the Indians: Provided, that the compensation to be allowed to any commissioner appointed or who may be appointed, for negotiating such treaties shall not exceed, exclusive of travelling expenses, the rate of eight dollars per day during the actual service of such commissioner. SEC. 3. And be it further enacted, That the several appropriations herein before made, shall be paid and discharged, first out of any balance remaining unexpended of former appropriations for the same objects respectively, and secondly, out of any monies in the treasury not otherwise appropriated. APPROVED, March 3, 1803. CHAP. XXV.-An Act for erecting a Lighthouse at the entrance of Penobscot Bay, or any other place in its vicinity, that may be deemed preferable by the Secretary of the Treasury. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as soon as a cession shall be made by the state of Massachusetts to the United States, of the jurisdiction over the land proper for the purpose, the Secretary of the Treasury be, and he is hereby authorized to purchase so much land as may be necessary, and provide by contract, to be approved by the President of the United States, for building a lighthouse on Whitehead at the entrance of Penobscot bay, or any place in its vicinity, that may be deemed preferable by the Secretary of the Treasury, and to furnish the same with all necessary supplies; and also, to agree for the salaries or wages of the persons who may be appointed by the President for the superintendence and care of the same; and that the President be authorized to make the said appointments. SEC. 2. And be it further enacted, That there be appropriated and paid out of the monies arising from imports and tonnage, the sum of seven thousand dollars for the purpose of erecting the lighthouse as aforesaid. APPROVED, March 3, 1803. CHAP. XXVI.—An Act to make Beaufort and Passamaquoddy, ports of entry and delivery; to make Easton and Tiverton, ports of delivery; and to authorize the establishment of a new collection district on Lake Ontario. Be it enacted by the Senate and House of Representatives of the United Beaufort formed States of America in Congress assembled, That from and after the last day of June next, a district shall be formed from the district of Newbern, in North Carolina, to be called the district of Beaufort, which shall include the town of Beaufort, and all the water and shore north and east of the said town, to Harbor Island, and all the water and shore south and west of the said town, to Dog Island, inclusive. And the town of Beaufort shall be the sole port of entry and delivery for the said district; and a collector for the said port shall be appointed, to reside and keep his office at the said town of Beaufort, who shall be entitled to receive, in addition to the fees and other emoluments established by law, the annual salary of two hundred dollars. Collector ap pointed. 1799, ch. 22, sec. 12. Salary. Easton, Ma. ryland, and Ti. SEC. 2. And be it further enacted, That from and after the said thirtieth day of June, Easton, in the district of Oxford, in the state of Maryland, and Tiverton, in the district of Newport, and state of Rhode Island, shall be ports of delivery, and a surveyor shall be appointed to each; each of whom shall be entitled to receive, in addition to the fees and emoluments already allowed by law, a salary of two hundred dollars per annum. SEC. 3. And be it further enacted, That it shall be lawful for the President of the United States to establish, when it shall appear to him to be proper, in addition to the port of entry and delivery already established on Lake Ontario, one other port of entry and delivery on the said lake, or on the waters or rivers emptying therein, and to appoint a collector of the customs, to reside and keep an office thereat. SEC. 4. And be it further enacted, That from and after the said thirtieth day of June next, such place within the district of Passamaquoddy, in the state of Massachusetts, as the Secretary of the Treasury may direct, shall be a port of entry and delivery, (at which place the collector shall reside) as well for foreign as for vessels of the United States. APPROVED, March 3, 1803. con Residents in the Mississippi territory, firmed in thei claims. CHAP. XXVII.-An Act regulating the grants of land, and providing for the dis- March 3, 1803. posal of the lands of the United States, south of the state of Tennessee. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person or persons, and the legal representatives of any person or persons, who were resident in the Mississippi territory on the twenty-seventh day of October, in the year one thousand seven hundred and ninety-five, and who had prior to that day obtained, 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 extinguished, 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 had been 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 twenty-one years. SEc. 2. And be it further enacted, That to every person, or to the legal representative or representatives of every person who, being either the head of a family, or of twenty-one years of age, did on that day of the year seventeen hundred and ninety-seven, when the Mississippi territory 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 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. SEC. 3. And be it further enacted, That every person, and the legal representatives of every person, who being the head of a family, or 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 Proviso. Grants to in habitants where evacuated by the Spaniards. the territory was Limitations. Residents en. titled to a preference as purchasers. (a) Act of March 27, 1804, chap. 61; act of March 2, 1805, chap. 24; act of April 21, 1806, chap. 46 ;' act of March 3, 1807, chap. 46; act of January 19, 1808, chap. 10; act of March 3, 1815, chap. 87, sec. 4; act of May 8, 1822, chap. 129, sec. 4; act of March 2, 1833, chap. 85. U Without in terest on instal inents. Two land-of fices in the Mississippi Territo ry. Register and receiver of public money in each. Security. Claimants and residents to state their claims before the thirty-first of March, one thousand eight hundred and four. ed. articles of agreement and cession above-mentioned, 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 by this act directed to be sold; and payment may be made therefor in the same manner, and under the same conditions, as directed by this act for such other lands: Provided, however, that no interest shall be charged upon any of the instalments until they respectively become payable. SEC. 4. And be it further enacted, That for the disposal of the lands of the United States within the Mississippi territory, two land-offices shall be established in the same, one at such place in the county of Adams, as shall be designated by the President of the United States, for the lands lying west of "Pearl river," sometimes called "half-way river;" and one at such place in the county of Washington, as shall be designated by the President of the United States, for the lands lying east of Pearl river: 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, and in the same sums, and whose 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 by law provided in relation to the registers 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. SEC. 5. And be it further enacted, That every person claiming lands by virtue of any British grant, or of the three first sections of this act, or of the articles of agreement and cession between the United States and 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 landoffice, within whose district the land may be, a notice in writing, stating 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 said To be record 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 of their claim; and if such person shall neglect to deliver such notice in writing, of his claim, together with a plot as aforesaid, or cause to 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 for ever thereafter be barred; nor shall any grant, order of survey, deed, conveyance, or other written evidence, which shall not be recorded as above directed, ever after be considered or admitted as evidence in any court in the United States, against any grant derived from the United States. Neglect there of to bar their claims. Commission settle the claims. SEC. 6. And be it further enacted, That the register of the landers appointed to office in Adams county, and two other persons who shall be appointed by the President of the United States alone, shall for the lands lying west of Pearl river, and the register of the land-office of Washington county, together with two other persons who shall be appointed by the President 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 person Their oath or qualified to administer the same: "I do solemnly swear (or affirm) that I will impartially exercise and discharge the duties im affirmation. Duties. Powers. The determination of the Appointment of clerks. Duties. Papers, &c. on dissolution of the boards to be lodged in the Secretary of State's office. Oath or affirmation of the clerk. 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 in the county of Adams, and in Washington county aforesaid, respectively, 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 board, or a majority of each board, shall, in their respective districts, have power to hear and decide in a summary manner, all matters respecting such claims, also to administer oaths and examine witnesses, board to be final. 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 a clerk, whose duty it shall be to enter in a book to be kept for that purpose, perfect and correct minutes of the proceedings, decisions, meetings and adjournments of the boards, together with the evidence on which such decisions are made; which books and papers, on the dissolution of the boards, shall be transmitted to, and lodged in the office of the Secretary of State; and on or before such clerk's entering on the duties of his office, he shall take and subscribe the following oath or affirmation, to wit: "I do solemnly swear (or affirm as the case may be) that I will truly and faithfully enter and record all 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 land, and providing 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 aforesaid, in virtue of a British or Spanish grant legally and fully executed, they shall give a certificate thereof, describing the tract of land and 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 register of the land-office, whose duty it shall be to record the same in a book to be to be given. kept by him for that purpose, shall amount to a relinquishment 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 commissioners 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 articles of agreement and cession, or of either of the two first sections of this act, they shall give a certificate thereof, stating the circumstances 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 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 the party to a patent for the said tract, which shall issue in like manner as is provided by this act for the other lands of the United States, without the party paying any thing therefor, except the surveying expenses and the fees of office. And when it shall appear to the said 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 Titles, when to be granted, and how,-un der the Georgia cession. A certificate Under the Bourbon act of the state of Certificate to be returned before January 1, 1805, which shall entitle the party to a pa tent. Right of preemption. Proviso that receipts for purchase money be produced. before the first day of January, eighteen hundred and five, shall entitle the party to become a purchaser of such tract of land: Provided, that he shall, prior to the first day of January, eighteen hundred and six, 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 purchase 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 similar cases by this act, be entitled to receive a patent, which shall issue in like manner, and on payment 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 certificate, 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-emption 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 by virtue 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 recorded in conformity to the provisions of this act, who is not confirmed in his claim by the articles of agreement above mentioned, the commissioners 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 therein, and for every certificate so granted by the boards respectively, the clerk of the board granting the same, shall be entitled to demand and receive of the party to whom the same is granted, the sum of two dollars. Proviso. be made to adverse claims. Clerk to re ceive two dollars for every certificate. Commission ers shall report to the Secretary of the Treasury. Report to be laid before Con gress. for. Unconfirmed SEC. 7. And be it further enacted, That the commissioners aforesaid shall, on or before the first day of December, one thousand eight hundred 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 think proper; which report shall be laid before Congress at their next session, and the lands contained in such grants shall not be otherwise disposed of, until the end of one year after that time. SEC. 8. And be it further enacted, That so much of the five millions claims provided of acres reserved for that purpose by the articles of agreement above 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 recognized in the above-mentioned articles of agreement, and which are derived from any act or pretended act of the state of Georgia, which Congress may hereafter think fit to provide for; provided, however, that no other claims shall be embraced by this appropriation, but those, the evidence of which shall have, on or before the first day of January next, been exhibited by the claimants to the Secretary of State, and recorded in books to be kept in his office for that purpose, at the expense of the party exhibiting the same, who shall pay to the person employed by the Secretary of State for recording the same, at the rate of twelve and an Proviso, that no claims shall be embraced by the appropria tion in this act which have not before the first |