From Georgetown, the seat of justice of Brown county, instead of the present route. From Augusta, Kentucky, by Lewis, Felicity, Chilo, Neville, Pointopolis, New Richmond, and Newtown, to Cincinnati, in Ohio. In Indiana. From Terre Haute, by Clinton, the In Indiana. seat of justice for Parke county, and Crawfordsville, to Indianapolis. From Washington, by Burlington and Blooming, to Indianapolis. From Lawrenceburg, by Napoleon, to Indianapolis. In Illinois. From Vincennes, in Indiana, by Ellison's, Prairie, In Illinois. Palestine, York, Aurora, Grand Prairie, in Clark county, to Clinton. From Shawneetown, by Bellgrade, to America. Peoria, on Illinois river, to Sangama county. From Edwardsville to Sangama Court House. In Missouri. From St. Gene- In Missouri. vieve, by Herculaneum, to St. Louis. From Herculaneum to Potosi. From Jackson to Fredericktown. From Potosi to New Bowling Green. From St. Charles to Cote Sans Dessein, shall hereafter go by the seat of justice for Callaway county. From Fishing river to Fort Osage, shall hereafter pass by the seat of justice in Clay county. In Arkansas. From the post of Arkansas, In Arkans as. by Little Rock, Crystall Hill, Cadron and Ellis's, to Crawford Court House. From Little Rock, by Clark Court House, to Natchitoches. From Clark Court House, by Hempstead Court House, to Miller Court House. In Louisiana. From Natchez In Louisiana. to Baton Rouge, by Woodville and Jackson. From Pinkneyville, Mississippi, by Avoyelles, to Alexandria, in Louisiana. From Baton Rouge, by Bayou Placquemine and Duplesses's landing in the Attacapas, to Opelousa Court House. From New Orleans to Pensacola. In Florida. From Pensacola to St. Marks, thence In Florida. to Vollusia at Dexter's, on St. John's river, thence down the river to Picolatta, and thence to St. Augustine. From Pensacola to Fort Hawkins, in Alabama.` may allow the 3. That the postmaster general may allow to the postmaster The postmasat Salem, Massachusetts, at the rate of two hundred dollars a ter general year, in addition to his ordinary commissions. [Approved, May postmaster, 8, 1822.] &c. CHAP. 128. An act supplementary to the several acts for adjusting the claims to land, and Vol. iv.p. establishing land offices, in the districts east of the island of New Orleans. 2137. thorities, re 1. Be it enacted, &c. That all the claims to land said to be Claims to land derived from the British or Spanish authorities, reported to the British or commissioner of the general land office by the registers and re- Spanish auceivers of the land offices at St. Helena Court House and at ported to the Jackson Court House, in the districts east and west of Pearl river, commissioner of the general appointed under the authority of an act, entitled "An act for land office adjusting the claims to land, and establishing land offices, in the by the regis districts east of the island of New Orleans," which are contain-ceivers at St. ed in the several reports of the registers and receivers, and which Helena and are, in the opinion of the registers and receivers, valid, agreeably Court Houses, to the laws, usages, and customs, of the said governments, be, and &c. the same are hereby, recognised as valid and complete titles, 1748. against any claim on the part of the United States, or right derived from the United States. ters and re Jackson Vol. iii. p. 2. That all the claims reported as aforesaid, and contained All claims re ported, &c. roquettes, &c. founded on or- in the several reports of the said registers and receivers, founded ders of survey on orders of survey, requettes, permission to settle, or other written evidences of claims, derived from the Spanish authorities, which ought, in the opinion of the registers and receivers, to be confirmed, shall be confirmed in the same manner as if the title Proviso; the had been completed: Provided, That the confirmation of all the said 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 tract of land so confirmed or granted. confirmation pro of claims vided for to amount, &c. Every person, &c. whose claim is com persons em list of actual more than 640 acres to one person; and § 3. That every person, or his or her legal representative, whose claim is comprised in the lists or registers of claims reprised in the ported by the registers and receivers, and the persons embraced lists, &c. reported by the in the lists of actual settlers, or their legal representatives, not registers and having any written evidence of claim reported as aforesaid, shall, receivers, and when it appears by the said reports, or by the said lists, that the braced in the land claimed or settled on had been actually inhabited or cultisettlers, &c. vated by such person or persons in whose right he 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 setProviso; not tled on as a donation: Provided, 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 that no lands shall be thus granted which are claimed or recognised by the preceding sections of this act, or by virtue of a confirmation under an act, entitled "An act for adjusting the claims to land, and establishing land offices, in the districts east of the island of New Orleans," approved on the third day of March, eighteen hundred and nineteen And provided also, That no claim shall be confirmed where the quantity was not ascertained, and report made thereon by the registers and receivers, prior to the twenty-fifth day of July, one thousand eight hundred and twenty. 4. That the registers and receivers of the public moneys of the said respective districts, except in relation to perfect titles, tion to perfect as recognised in the first section of this act, and the first section cognised, &c. of the act of the third day of March, one thousand eight hundred empowered to and nineteen, shall have power to direct the manner in which all no lands to be thus granted, &c. Vol. iii. p. 1748. Proviso; no claim confirmed where the quantity was not ascertain ed, &c. Registers and receivers, except in rela titles, as re direct the manner in which the lands shall be located and Vol. iv. p. 2168. lands claimed in virtue of the preceding sections shall be located and surveyed; and also to direct the location and manner of surveying all the claims to land recognised by the second, third, surveyed, hav- and fourth, sections of an act, entitled "An act for adjusting ing regard, &c. the claims to land, and establishing 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, usages, and customs, of the Spanish 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 secVol. ii. p. 893: tions of an act of congress, entitled "An act regulating the grants of lands, and providing for the disposal of the lands, of the United States, south of the state of Tennessee," approved on the The registers third March, one thousand eight hundred and three. And that, may decide on in relation to all such claims which may conflict, or in any manconflicting ner interfere, the said registers and receivers of public moneys and receivers claims, &c. of the respective districts shall have power to decide between the 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. But, upon the decision of those claims alluded to, which may conflict or interfere, and in relation to which the parties interested have agreed on no conditional lines or boundaries as to the manner of locating 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 party his or their improvements: Provided, however, That, should it be made ap- where the pear, to the satisfaction of the register and receiver of public subsequent moneys of the respective districts, in any such case, that the sub- truded on the sequent settler had obtruded on the claim of the former, and had claim of the former, &c. the made his establishment after having been forbid so to do, the said registers and registers and receivers of public moneys shall have power to de- receivers may cide between the parties, according to the circumstances of the ing to the cir case and the principles of justice. Proviso ; settler has ob decide accord cumstances of the case, &c. lands under Persons enti 5. That patents shall be granted for all lands confirmed by Patents for virtue of the provisions of this act, in the same manner as patents this act to be are granted for lands confirmed under former acts, to which this granted as for lands, &c. is a supplement. $ 6. That to every person who shall appear to be entitled to ted to tracts a tract of land, under the second and third sections of this act, a under the 2d certificate shall be granted, by the register and receiver of the tions of this district in which the land lies, setting forth the nature of the claim act, to be furnished, &c. and the quantity allowed; for which certificate the party in The party, whose favor it issues shall pay one dollar, to be divided between &c. to pay a the said receiver and register. and 3d sec dollar. The president land office $7. That the president of the United States be, and he is authorized to hereby, authorized to remove the land office from St. Helena remove the Court House to such other place, within the said districts, as he from St. Hele may deem suitable and convenient. [Approved, May 8, 1822.] CHAP. 129. An act for ascertaining claims and titles to land within the territory of Vol. iii. p. Florida. na Court House. 1907. 2008. § 1. Be it enacted, &c. That, for the purpose of ascertaining yo the claims and titles to lands within the territory of Florida, as The president, acquired by the treaty of the twenty-second of February, one three commiss &c. to appoint thousand eight hundred and nineteen, there shall be appointed, sioners for asby the president of the United States, by and with the advice certaining claims, &c. and consent of the senate, three commissioners, who shall re- 2000 dolls. to ceive, as compensation for the duties enjoined by the provisions each of the of this act, two thousand dollars each, to be paid quarterly, from ers. the treasury; who shall open an office for the adjudication of to open an ofclaims, at Pensacola, in the territory of West Florida, and St. fice for adjudiAugustine, in East Florida, under the rules, regulations, and con- claims at Penditions, hereinafter prescribed. commission Commisioners cation of sacola and St. Augus sioners to ap 2. That it shall be the duty of said commissioners to appoint tine. a suitable and well qualified secretary, who shall record, in a The commiswell bound book, all and every their acts and proceedings, the point a secreclaims admitted, with those rejected, and the reason of their ad- iary: his dumission or rejection. He shall receive, as a compensation for 215 VOL. III. ties. Secretary 1250 dolls. to his services, one thousand two hundred and fifty dollars, to be the secretary. paid quarterly, from the treasury. He strall be acquainted with must be ac- the Spanish language; and before entering on a discharge of the quainted with duties of his office, shall take and subscribe an oath, before some the Spanish language; authority competent to administer it, that he will well and truly and faithfully discharge the duties assigned him, and translate all papers that may be required of him by the commissioners. and to take an oath. Commissioners to take an oath, &c. Time of the sessions of ers, &c. Notice to be given of the time of the sessions, &c. Sessions at &c. to the secreta &c. Persons, &c. claiming title to lands under to $3. That said commissioners, previously to entering on a discharge of the duties assigned them, shall, before the judge of the territorial court at Pensacola, or some other authority in his absence, competent to administer it, take an oath faithfully to discharge the duties of their offices, and shall commence and hold their sessions on or before the first Monday of July next, at Pencommission- sacola, and on the first Monday of January thereafter, at St. Augustine, for the ascertaining and determining of all claims to land within said territories; notice of which shall be given, by said commissioners, in some newspaper printed at each place, or, if there be no newspaper, at the most public places in said cities, respectively, of the time at which their sessions will commence, reSt. Augustine quiring all persons to bring forward their claims, with evidence to terminate, necessary to support them. The session at St. Augustine shall Commission- terminate on the thirtieth of June, one thousand eight hundred ers to forward and twenty-three, when said commissioners shall forward to the ry of the trea- secretary of the treasury, to be submitted to congress, a detail of sury a detail, all they have done, and deliver over to the surveyor all the archives, documents, and papers, that may be in their possession. 4. That every person, or the heirs or representatives of such persons, claiming title to lands under any patent, grant, concesany patent, sion, or order of survey, dated previous to the twenty-fourth day previously of January, one thousand eight hundred and eighteen, which 1818, valid, were valid under the Spanish government, or by the law of na&c. and not tions, and which are not rejected by the treaty ceding the terrirejected by the treaty tory of East and West Florida to the United States, shall file, ceding the before the commissioners, his, her, or their, claim, setting forth, particularly, its situation and boundaries, if to be ascertained, with the deraignment of title, where they are not the grantees, or original claimants; which shall be recorded by the secretary, and who, for his services, shall be entitled to demand from the claimants ten cents for each hundred words contained in said papers so recorded; he shall be also entitled to twenty-five cents for each subpoena issued: Provided, That if the amount so received shall exceed one thousand two hundred and fifty dollars, which is hereby declared the compensation for his services, the excess shall be reported to the commissioners, and be subject to their disposition; and said commissioners shall proceed to examine and determine on the validity of said patents, grants, concessions, and orders of survey, agreeably to the laws and ordinances heretofore existing of the governments making the the commis- grants respectively, having due regard, in all Spanish claims, to sioners to pro- the conditions and stipulations contained in the eighth article of ceed, &c. a treaty concluded at Washington, between his Catholic Majesty and the United States, on the twenty-second of February, one thousand eight hundred and nineteen; but any claim not filed 24th Jan. Floridas, to Claims to be Proviso; if the amount of fees received exceeds 1250 dolls. the ex cess is to be reported by the secretary to the commissioners, subject to their disposi tion, &c. and Claims not filed prior to where land is previous to the thirty-first day of May, one thousand eight hun- 31st May, dred and twenty-three, shall be deemed and held to be void and 1823, void. of none effect: Provided, nevertheless, and be it further enacted, Proviso; That in all claims submitted to the decision of the commission- claimed by ers, where the same land, or any part thereof, is claimed by titles titles from the emanating both from the British and Spanish governments, the Spanish gocommissioners shall not decide the same, but shall report all vernments, such cases, with an abstract of the evidence, to the secretary of the treasury. British and &c. commission ers. firmation of 5. That the commissioners shall have power to enquire into Powers of the the justice and validity of the claims filed with them; and shall be, and are hereby, authorized to administer oaths, to compel the attendance of witnesses by subpoenas issued by the secretary, and the adduction of such testimony as may be wanted; they shall have access to all papers and records of a public nature relative to any land titles within said provinces, and to make transcripts thereof. They shall examine into claims arising under patents, grants, concessions, and orders of survey, where the survey has been actually made previous to the twenty-fourth January, one thousand eight hundred and eighteen, whether they are founded upon conditions, and how far those conditions have been complied with; and if derived from the British government, how far they have been considered valid under the Spanish government; and if satisfied that said claims be correct and valid, shall give confirmation to them: Provided, That such confirma- Proviso; contion shall only operate as a release of any interest which the claims by United States may have, and shall not be considered as affecting the rights of third persons: And provided, That they shall not have power to confirm any claim or part thereof where the amount claimed is undefined in quantity, or shall exceed one to confirm thousand acres; but in all such cases shall report the testimony, undefined, &c. with their opinions, to the secretary of the treasury, to be laid before congress for their determination. Every witness attend- A dollar a day ing under any process from the commissioners, shall be allowed ness attendone dollar a day, and one dollar for every twenty miles travel; ing, &c. to be paid by the party summoning him: Provided, nevertheless, Proviso; comThat the commissioners shall not act on, or take into considera- to act on, &c. tion, any British grant, patent, warrant, or order of survey, but any British grant, &c. but those which are bona fide claimed and owned by citizens of the those claimed United States, and which have never been compensated for by by, &c. the British government. commissioners not to af fect, &c. Proviso; commissioners not where claim is to each wit missioners not and senate to ties not to be § 6. That there shall be appointed by the president of the The president United States, by and with the advice and consent of the senate, appoint a sura surveyor, who shall possess the power and authority, and re- veyor, &c. ceive the same salary, as by law appertains to the surveyor south of the state of Tennessee; but his duties shall not commence Surveyor's duuntil the commissioners shall have examined and decided upon gin till comthe claims in West Florida, who shall thereupon furnish the sur- missioners veyor with a list of those admitted, and he shall thereupon pro- ed and decidceed to survey the country, taking care to have surveyed, and ed on claims marked, and laid down, upon a general plan, to be kept in his office, the metes and bounds of the claims so admitted; causing the same to be surveyed at the expense of the claim- Surveys at the have examin in West Flo rida, &c. |