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Proviso.

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own clerks; and after the first and each of the said sessions, he shall thereafter sit, upon his own adjournments, 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 ibe 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 be shall direct: Provided, That at either of the places aforesaid, the court

may take cognizance and jurisdiction of any claim within the Proviso. limits of the state: Provided, moreover, That, if there should

be any person defending against the confirmation of such claim, in such case the trial, in case he shall request the same, shall be

had at ihat place nearest the residence of such person defending Proviso. against such confirmation : Provided, That none of the provi

sions of this act shall be applied to a claim of the representatives or assignees of Jacques Clamorgan, deceased, lying between the Missouri and Mississippi rivers and covering parts of

the counties of St. Charles and Lincoln, in the state of Missouri. The district 13. That the district judge for the state of Missouri shall, judge to be al- ubilinen

d80bedal: while in the discharge of the duties imposed by this acı, be allars per an- lowed at the rate of eight hundred dollars per annum, in addi

tion to his salary as district judge for the state of Missouri, which

shall be in full for his services. All the provie $ 14. That all the provisions of this act shall extend to, and sions of this act 10 extend be applicable to, the territory of Arkansas; and, for the purpose to, &c. the of finally settling and adjusting the titles and claims to lands territory of

. derived from the French and Spanish governments, respectively,

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

Arkansas.

by this act is given to the district court for the state of MissouThe judges of ri ; and the judges of the superior court, clerk of said court, the superior court, Clerk, marshal, and district attorney of the United States, for the said marshal, and territory, shall, severally, perform the same duties, and have the district attor. ney, to per- same powers in relation to the clairns to land presented and proform the same secuted in said court, in the territory of Arkansas, as is herein have the same provided with regard to the titles and claims to land presented powers, as in and prosecuted in ihe district court for the state of Missouri,

and the judges of said superior court, the clerk, marshal, and district 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 iis first session on the first Monday in October next, at Little Rock, in the territory of Arkansas; 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 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 trans

duties, and

Proviso.

mit to the attorney general of the United States, as 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 io each party, that are prescribed in relation to decisions in the district court of Missouri.

$ 15. That none of the provisions of the fourteenth section Lion not to ershall extend to claims of a larger amount than one league square. tend to claims

above one (Approved, May 26, 1824.]

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surveys and improvalo such lots, have the heathen, shall be

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Chap. 174. An act providing for the disposition of three several tracts of lands in Tus

carawas couniy, in the state of Ohio, and for other purposes. $ 1. Be it enacted, f.c. That the three several tracts of land, Three tracis.

of land in the lying in the county of Tuscarawas, in the state of Ohio, lately county of Tusretroceded to the United States by the Society of United Breth- carawas, Ohio,

to bu survey. ren; for propagating the gospel among the heathen, shall be sur- ed and laid' veyed and laid off into such lots, having regard to the existing off into lots. surveys and improvements thereon, as will best conduce to the sale thereof: Provided, That the lots and tracts which the Unit- Proviso. ed States are bound to convey to the said society, shall be laid off according to the contract for retrocession : And provided al." so, that a suitable 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. 2. That the secretary of the treasury shall be, and is here- An agent to

be appointed by, authorized to appoint an agent, who shall reside near the said to reside near land, whose duty it shall be to superintend and direct the survey sa of said land and lots ; to receive and pay over to the treasury the agent. rents due, and to become due, on said lands; to take possession of such parts of said lands ás 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 thereon, and, also, the value of each, subject to the conditions of the lease outstanding on it, by the aid of two disinterested appraisers, 10 be selected by the secretary of The treasury, to ascertain the award to be made to Isaac Simners, Jesse Walion, Barzillai Walion, Jesse Hill, and Boaz Walton, according to their leases; to receive a surrender of such of the leases outstanding on such Hands as the holders thereof may be 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 porchasers who shall buy any of said land or lois, 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. $ 3. That a right of pre-emption shall be allowed to John A right of pre

'emption to be Andreas, John Neigamen, Jacob Winsh, and Catharine Tschudy, allowed John at the real cash value of the loss occupied by them, according Andreas, and to the stipulations of the said agreement for retrocession, and to VOL. III.

227

others.

streets and a

any of the lessees, for any lot embracing their lease ; and, also, 10 the said society of United Brethren, for any of the remaining

lots, or town lots, to an amount not exceeding the amount stipuProviso.

lated to be paid to them by the United States: Provided, That any of the persons entitled to pre-emption, who shall be desirous 10 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 surrender 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 discharge to the United States, for so much as said lot or land, 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 such pre-emption shall be considered as extending beyond the time of commencing the sale of said lands, as hereinafter di

rected. The usual § 4. That the secretary of the treasury may cause to be deground for

H. signated, and allowed for public use, the usual ground for streets leys in said and alleys in said town, for public ground, and for schools ; and town, to bem

o may, moreover, cause 10 be designated and set apart, one lot in allowed for public use. each of said tracts, not exceeding one thirty-sixth part of each,

the title whereof shall be vested in the legislature of the state of Ohio, and held in trust for the use of schools, in the same manner as other lands granted by the United States for the use of

schools, are held in that state. After the sur 85. That, immediately aster the said surveys shall be comveys are made, pleted, the cash value.ascertained, and the school lands designalvalue aseer

o the ed, the said agent shall give notice, by advertisement in one newsschool lands paper in Washington city, and one in Steubenville, one in designated,

hall Zanesville, and one in New Philadelphia, Ohio, of the time, not give notice less than sixty days from the first publication, when he will through cero tain newspa

offer the said lands and lois for sale, at public vendue, at the .
court house in New Philadelphia aforesaid ; and shall, at such
time and place, proceed to offer for sale, to the highest bidder,
any of said lands or lots, remaining undisposed of, in the manner
hereinbefore provided for ; and none of said lots, or land, shall
be put up at a less sum than the actual cash value ascertained
as asoresaid ; and in case any of said lessees shall have failed, or
refused to surrender their leases, the sale shall be made subject
to those leases; and each purchaser who may purchase at such
sale, shall immediately pay to the said agent the amount of his
purchase, and take his receipt for the amount, specifying the lot
or land purchased; upon which the purchaser shall be entitled
to a patent as other purchasers of public lands are: but in case
any purchaser shall fail to make his payment as aforesaid, at or
before the close of the sale, he shall be considered as having for-
feited his purchase, and the land struck off to bim shall be again
offered for sale, in the same manner as if it had never been struck
off: and the said agent, immediately after the close of such sale,

tained, and the

pers.

secu

remaining

hall be sub

shall pay over the money received at such sale, and for rent, to the United States, and report all his proceedings to the general land office; and the president shall be, and he is hereby, authorized, whenever the boundaries of the several lots stipulated to be conveyed to the said society shall be ascertained, to issue patents therefor to said society. $ 6. That the agent herein provided for, shall take an oath of Said agent to

someshe take an oath office, and give bond and security, in such sum and form as the secretary of the treasury may direct, and be allowed and paid rity. for his services a salary at the rate of six hundred dollars per an- Toreceive 600

dolls. per an num: Provided, That said office shall not continue longer than num. is necessary to perform the duties herein required, and not long- Proviso. er than one year; and said salary, together with the incidental expenses attending the said survey and sale, shall be charged to the fund to be raised by the sale of said lots and land. The said appraisers shall be allowed the sum of two dollars for each day actually employed in the appraisement aforesaid, and neither the said agent nor appraisers shall be at liberty to purchase any of the said lands or lots.

$7. That, if any such land or lots remain unsold at public Any land op auction, as aforesaid, the same shall be subject to entry and sale unsold at pub

is lic auction, at the land office in Zanesville, in Ohio, at the actual cash price, shall ascertained as aforesaid, in the same manner that other lands of ject 10 entry, the United States are authorized to be entered ; and it shall be in the duty of the accounting officers of the treasury department to Zanesville. keep a separate account of the proceeds of the lots and lands Duty of the

accounting aforesaid, and of all moneys received and disbursed on account officers of the thereof; and, after the expenses of survey and sale of said lots treasury. and land shall be reimbursed, it shall be the duty of the secretary of the treasury to pay to the said society the sums stipulated to be paid them, and for which they shall not have taken lands and lots as herein before provided for; to pay to the said Simners, Hill, and Waltons, the sums awarded to them; and then to credit the residue of the proceeds of said lots and lands, as they shall be received, to the fund for raising the annuity for the christian Indians, so called, in the manner stipulated in the agreement entered into with them on the eighth of November, one thousand eight hundred and twenty-three. $ 8. That, whenever the said christian Indians shall notify our

han 10uy pursued by the the president of the United States that they wish to remove from president in.

case the christheir present residence, on the river Thames, into the territory of cian the United States, it shall be lawful for the president to desig- feel a disposi

tion to remove nate a reservation of not less than twenty-four thousand acres from their resiof land, to be held by the said Indians in the usual manner of dence on the Indian reservations, so long as they shall live thereon; and from the time said Indians shall remove on to said reservation, the said annuity shall cease. (Approved, May 26, 1824.]

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Chap. 175. An act supplementary to the several acts providing for ascertaining and adjust. ing the titles and claims to land in the St. Helena and Jackson court house land districts. 1. Be it enacted, fc. That the claimants of lands within the Claimants of

e lands within limits of the land district of St. Helena, as established by the the limits of

Hele

vary next, to

to ar

appoint a

the land dis- act of the twenty-fifth of April, one thousand eight hundred trict of St.

to be and twelve, entiiled “ An act for ascertaining the titles and allowed until claims to lands in that part of Louisiana, which lies east of the the 1st Jan

avato river Mississippi, and island of New Orleans, whose claims have present thorn, been presented to the commissioner appointed to receive and

examine claims and titles to lands in said district, or to the register and receiver, acting as commissioners, under the provisions of the act of the third of March, one thousand eight hundred and nineteen, entilled “ An act for adjusting the claims to lands, and establishing land offices in the districts east of the island of New Orleans, and which have not been reported to congress, or whose claims have not been heretofore presented to the said commissioner; or to the register and receiver, acting as commissioners, be allowed until the first dåy of January next, to present their titles and claims, and the evidence in support of ihe same, to the register and receiver of the said district, 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, one thousand eight hundred and lwenty-two, entiiled “ 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 Orleans." The register $ 2. That the said register and receiver shall have power 10 and receiver

appoint a clerk, who shall be a person capable of translating the clerk. French and Spanish languages, and who shall perform the duty

of translator, and such other duty as may be required by said

register and receiver ; and the said register and receiver shall Compensa-, each be allowed, as a compensation for their services, in relafion of the register and re- tion to the said claims, and for the services to be performed unceiver.

der the provisions of the several acts to which this is a supple

ment, at the rate of one thousand dollars a year; and the clerk Compensa at the rate of twelve hundred and fifty dollars a year; and the tion of the

clerk employed by the said register and receiver, last year, shall be allowed, for the services then rendered by him, nine months' salary, at the same rate ; which several sums of money shall be

paid out of any money in the treasury not otherwise appropriatProviso. cd: Provided, That not more than two years' compensation be

thus allowed to either the register and receiver or their clerk; and the payment of the whole, or any portion, of the aforesaid compensation, may be withheld by the secretary of the Treasury, until a report shall have been made to him, of the performance

of the services for which the same is allowed. 1000 dolls. 10 $ 3. That the clerk employed by the register and receiver of be paid said

or ser public moneys at St. Helena court house, be allowed the sum vices rendered of one thousand dollars for the services performed by him, as

clerk.

ars clerk to the said register and receiver of public moneys, during 1823. the year one thousand eighi hundred and twenty-two, and one

thousand eight hundred and twenty-three. Deputy sur. $ 4. Thậl the principal deputy surveyor of the United States, veyor io rem for the St. Helena district, shall reside at such place, in the said side where the president may district, as shall be designated by the president of the United şhink proper. States. (Approved, May 26, 1824.]

clerk, for ser

in the years 1822, and

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