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Act of Feb.

Proviso.

act, entitled "An act giving the right of pre-emption, in the purchase of lands, to certain settlers in the Illinois territory," passed February the 5, 1813, ch. 20. fifth, one thousand eight hundred and thirteen: Provided, 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 representatives of any person, entitled to a preference in becoming the purchaser of a tract of land at private sale, according to the provisions of this act, who is settled on a fractional quarter section, shall have the privilege of purchasing an adjoining quarter section, or the fractional quarter section, improved by them, at their option.

SEC. 3. And be it further enacted, That, in cases where two or more persons entitled to the right of pre-emption shall be settled on one quarter, or fractional quarter section of land, they shall be authorized to purchase one or more quarter sections, which, with the quarter section, or fractional quarter upon which such persons are settled, shall be equally divided between them, in such manner as the register and receiver shall direct, so as to secure, as far as may be practicable, to each person, their improvements, respectively: Provided, That in no instance 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 fractional quarter section on which he is settled.

Any person,

&c., settled on a

fractional quar ter section, to have the privilege of purchasing an adjoining one.

Where two

or more persons

have the right or pre-emption.

Proviso.

any of the

SEC. 4. And be it further enacted, That any person, or persons, who Any person have settled on and improved any of the lands in the said territory, re- settled on, &c., served for the use of schools, and who would have had the right of pre-school lands, emption thereto by this law, had not the same been so reserved, shall have the right of pre-emption under the same terms and conditions, and 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 quantity can be obtained.

shall have the right of preemption, &c.

Right of preemption, &c., to

certain persons.

Act of March

SEC. 5. And be it further enacted, That every person, or his or her legal representative, comprised in the list of actual settlers, reported to the commissioner of the general land office, by the register and receiver for the district of Jackson Courthouse, in the state of Mississippi, under the authority of an act of Congress, entitled "An act for adjusting the claims to land, and establishing land offices in the districts east of the Island of New Orleans," approved the third day of March, one thousand eight. 3, 1819, ch. 100. hundred and nineteen, not having any written evidence of claim to land, in said district, and who, on the third day of March, one thousand eight hundred and nineteen, did actually inhabit and cultivate a tract of land in said district, not claimed by virtue of any written evidence of claim, legally derived from either the French, British, or Spanish governments, or granted as a donation by virtue of any act of Congress heretofore passed, shall be entitled to a right of preference, on 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: Provided, That such tract of land shall not contain more than one hundred and sixty acres, to be located by sectional lines, and that the same shall be duly entered with the register of the proper office, within the term of two years, or before, if the same shall be offered at public sale: And provided also, Where any person is settled on, and has improved any school lands in said district, he, she or they, shall be governed by the provisions of the fourth section of this act.

APPROVED, April 22, 1826.

Proviso.

Proviso.

STATUTE I.

April 22, 1826. CHAP. XXIX.-An Act to confirm the reports of the commissioners for ascertaining claims and titles to lands in West Florida, and for other purposes. (a)

Decisions made by the commissioners appointed to ascertain claims, &c., to lands in West Florida, confirmed.

Reports recognised as valid, &c.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the decisions made by the commissioners, appointed to ascertain claims and titles to lands in the district of West Florida, made in favour of claimants to lands and lots in said district, contained in the reports, opinions, and abstracts, of the commissioners, which have been transmitted to the Secretary of the Treasury, according to law, be, and the same are hereby, confirmed.

SEC. 2. And be it further enacted, That all the reports, abstracts, and opinions, made and forwarded by the two commissioners in said district, subsequently to the first day of January, eighteen hundred and 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 pos3, 1825, ch. 83. session 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 for the settlement of private land claims, in the territory of Florida," &c.

Act of March

The Spanish claims contain ed in special reports, act of May 8, 1822,

ch. 129, confirmed.

Claims to lots in report, &c.,

tion, confirmed,

SEC. 3. And be it further enacted, That the Spanish claims contained in special reports, from one to thirty, reported in obedience to the fourth section of an act of Congress, approved May eighth, eighteen hundred and twenty-two, entitled "An act for ascertaining claims and titles to lands in the territory of Florida," be, and the same are hereby, confirmed to the claimants in possession.

SEC. 4. And be it further enacted, That the claims to lots in report and abstract K, recommended for confirmation as quitable titles, with with the excep- the exception of the last ten, be, and the same are hereby, declared valid and confirmed, and the claim of the Catholic inhabitants to a lot on 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.

&c.

Claims contained in the report of the register, &c., confirmed.

Location of the claim of

Francisco and Fernando Moreno.

Claims to lands in report L. with the exception of that on the square Ferdinand seventh, confirmed, &c.

Proviso.

SEC. 5. And be it further enacted, That the claims contained in the report of the receiver and register, made to the Secretary of the Treasury, in obedience to a law of the last session of Congress, dated the thirteenth day of July, eighteen hundred and twenty-five, be, and the same are hereby, confirmed.

SEC. 6. And be it further enacted, That the claim of Francisco and Fernando Moreno, near fort San Carlos de Barancas, shall be so located as 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 commissioners, and approved by the President of the United States.

SEC. 7. And be it further enacted, That the claims to lots in report L, with the exception of that on the square Ferdinand Seventh, be, and the same are hereby, approved and confirmed, so far as the United States have any title to the same, without prejudice to the rights of the corporation: and the lots reserved for market house and other public uses, 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 respectively 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, without prejudice, as aforesaid: Provided, That no claim on the public squares of Seville, Ferdinand Seventh, and the square and garden on which the courthouse stands, as laid off in said plan of the Cabildo, shall be allowed or

(a) See notes to the act of May 8, 1822, ch. 129.

Proviso-As to

certain claims. Confirmation

recognised as valid, by this act; and Provided also, That the confirmation of all the said claims provided for by this act, shall amount only to a relinquishment forever, on the part of the United States, of any claim of all claims to whatever to the tract of land, so confirmed or granted.

amount, &c. Lands front

ing Pensacola bay, &c., be reserved from sale for the use of

the United States.

Accounts of

SEC. 8. And be it further enacted, That the lands fronting Pensacola Bay, from the mouth of the Big Bayou, to a line below Tartar Point, and thence back to the Bayou, selected by the navy commissioners, and all the lands fronting said bay, and for one mile back, as far as the 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. SEC. 9. And be it further enacted, That the proper accounting officers of the Treasury Department be, and they are hereby, authorized to receive and adjust the accounts of the commissioners appointed to ascer- West Florida. tain claims and titles to lands in East and West Florida, for the contingent expenses of said commissioners, and to pay the same out of any money in the treasury not otherwise appropriated. APPROVED, April 22, 1826.

the commissioners of East and

STATUTE I.

CHAP. XXX. An Act to exempt the professors, tutors, stewards, and students of May 4, 1826. the different seminaries of learning in the District of Columbia, from militia duty.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the president, professors, tutors, stewards, and students of the different seminaries of learning in the District of Columbia be, and they hereby are, declared to be exempt from the performance of militia duty, except in case of war. APPROVED, May 4, 1826.

CHAP. XXXI.-An Act to authorize the President of the United States to run and mark a line dividing the territory of Florida from the state of Georgia. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States of America be, and he is hereby, authorized, in conjunction with the constituted authorities of the state of Georgia, to cause to be run and distinctly marked the line dividing the territory of Florida, from the state of Georgia, from the junction of the rivers Chatahoochie and Flint, to the head of St. Mary's river: and for that purpose he is hereby authorized to appoint a commissioner, or surveyor, or both, as in his opinion may be necessary: Provided, That the line so to be run and marked, shall be run straight from the junction of said rivers Chatahoochie and 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 friendship, 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 ninetyfive: 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 government of Georgia to the person or persons appointed on its part, for the same object.

SEC. 2. And be it further enacted, That the person or persons, so to be appointed by the President of the United States, with such as have been or shall be appointed for the same purpose, on the part of the state of Georgia, after they, in conjunction, shall have run and distinctly marked said line, shall make two fair drafts, or maps thereof, both of

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Presidents,

professors, &c., militia duty, exexempt from cept in case

of war.

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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 delivered to the governor of Georgia.

SEC. 3. And be it further enacted, That, for the purpose of carrying this 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 otherwise appropriated.

APPROVED, May 4, 1826.

CHAP. XXXII.—An Act to extend the lines of certain land districts in the state of Missouri.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the western boundary of the land district of Cape Girardeau, and of the western district in the state of Missouri, be and the same is hereby, extended to the western boundary of the state of Missouri.

APPROVED, May 4, 1826.

CHAP. XXXIII.—An Act making appropriations for carrying into effect the appointment of a Mission at the Congress of Panama.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for carrying into effect the appointment of a mission at the Congress of Panama; that is to say:

For the outfits of two envoys extraordinary and ministers plenipotentiary, eighteen thousand dollars.

For the salaries for the same at the rate of nine thousand dollars per year, eighteen thousand dollars: Provided, That it shall not be lawful to pay to either of the said envoys more than nine thousand dollars for his salary in any one year, in the capacity of public minister abroad.

For the secretary of the mission at Panama, at the rate of two thousand dollars per annum, two thousand dollars.

For the contingent expenses of the said mission, two thousand dollars.
APPROVED, May 4, 1826.

CHAP. XXXIV.-An Act making further provision for the extinguishment of the debt due to the United States, by the purchasers of public lands.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the provisions of the act, entitled "An act to provide for the extinguishment of the debt due to the United States by the purchasers of public lands," approved May the eighteenth, one thousand eight hundred and twenty-four, and the provisions of the act, entitled " An act explanatory of an act entitled an act to provide for the extinguishment of the debt due to the United States by the purchasers of public lands," approved May the twenty-sixth, one thousand eight hundred and twenty-four, be, and the same are hereby, severally revived and continued in force, in all respects whatsoever, until the fourth day of July, one thousand eight hundred and twenty-seven. SEC. 2. And be it further enacted, That the legal holder of any certificate of lands purchased from the United States, which land has reverted by virtue of the provisions of the act of the second of March, eighteen hundred and twenty-one, or the several acts supplementary thereto; or which, by virtue of the fifth section of the act of tenth of May, one thousand eight hundred, is subject to be sold for the balance due thereon

with interest, or which, under the provisions of the said act, has become forfeited to the United States, since the first day of July, eighteen hundred and twenty, and which has not been sold, shall be permitted to redeem the same at any time previous to the first day of May, one thousand eight hundred and twenty-seven, on paying the amount of the purchase money due, exclusive of interest, with a deduction of thirty-seven and a half per cent.

SEC. 3. And be it further enacted, That if the legal holder of any certificate of further credit extended to purchasers of public lands by the act of the second of March, eighteen hundred and twenty-one, entitled "An act for the relief of the purchasers of public lands, prior to the first day of July, eighteen hundred and twenty," shall, previous to the fourth day of July, eighteen hundred and twenty-seven, discharge the amount due on such certificate, by relinquishment, or payment, or both, such holder shall be entitled to a remission of all interest due thereon at the day of such discharge, together with a deduction of thirty-seven and a half per cent. on the amount actually paid in cash. APPROVED, May 4, 1826.

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Act of April 12, 1814, ch. 52. Claims to land

in land district of St. Helena Courthouse, of Jan. 19, 1825,

&c., confirmed.

Act of May 26, 1824, ch. 175.

CHAP. XXXV.-An Act supplementary to the several acts for ascertaining titles May 4, 1826. and claims to lands in the St. Helena and Jackson Courthouse land districts. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the claims to land contained in abstracts A, B, and E, of the report of the register and receiver of the land district of St. Helena Courthouse, reported to the Secretary of the Treasury, under date of the nineteenth January, one thousand eight hundred and twenty-five, in obedience to an act of Congress of the twenty-sixth of May, one thousand eight hundred and twentyfour, and the claims embraced in the supplemental report of the register and receiver, under date of the fifth of December, one thousand eight hundred and twenty-five, and which are recommended for confirmation, be, and the same are hereby, confirmed, so far as they may come within the provisions of, and be conformable to, the principles, limitations, and restrictions of the act of the third of March, one thousand eight hundred and nineteen, entitled "An act for adjusting the claims to land, and 3, 1819, ch. 100. establishing land offices in the districts east of the Island of New Orleans." SEC. 2. And be it further enacted, That the register and receiver of 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 required of them by the act of Congress, of the eighth of May, one thousand eight hundred and twenty-two, entitled "An act supplementary to the several acts for adjusting the claims and titles to lands, and establishing land offices in the district east of the Island of New Orleans:" Provided, That nothing contained in this act shall be so construed as to extend further than a relinquishment of all right and title to said lands, on the part of the United States, without prejudice to the interests of third persons.

SEC. 3. And be it further enacted, That the register and receiver, and clerk of said land office, at St. Helena, shall continue to have and receive, for the term of twelve months from the passing of this act, the 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 otherwise appropriated.

APPROVED, May 4, 1826.

Act of March

Register and receiver of said district to pos

sess the same
powers as are

given them by
the act of Con-
gress, of May
8, 1822, ch. 128.

Proviso.

Register, receiver, &c., to

receive the
same salary as
is now allowed
by law.*

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