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such land

in said district, not claimed by virtue of any written evidence of purchaser of claim, legally derived from either the French, British, or Spanish which he may governments, or granted as a donation by virtue of any act of inhabit, &c. 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 Proviso; such contain more than one hundred and sixty acres, to be located by not to contain sectional lines, and that the same shall be duly entered with the more than 160 register of the proper office, within the term of two years, or before, if the same shall be offered at public sale: And provided Proviso; evealso, 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.]

CHAP. 29. An act to confirm the reports of the commissioners for ascertaining claims and titles to lands in West Florida, and for other purposes.

tract of land

acres.

improved school lands, both bth secbe governed by the

ry person who

tion of this act.

commission

1. Be it enacted, &c. That all the decisions made by the Decisions commissioners, appointed to ascertain claims and titles to lands made by the in the district of West Florida, made in favor of claimants to ers, appointed lands and lots in said district, contained in the reports, opinions, to ascertain and abstracts, of the commissioners, which have been transmit- lands in West claims, &c. to ted to the secretary of the treasury, according to law, be, and Florida, conthe same are hereby, confirmed.

firmed.

made and for

sioners in said

2. That all the reports, abstracts, and opinions, made and Reports, &c. forwarded by the two commissioners in said district, subsequent- warded by the ly to the first day of January, eighteen hundred and twenty-five, two commisthe period at which that board expired by law, be, and the same district subseare hereby, recognised as valid, and confirmed as aforesaid; and quently to 1st the said commissioners, and their secretary, shall be entitled to recognised as January, 1825, receive the same compensation as they were authorized to de- valid, &c. mand 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 for the settlement of private land claims in the territory of Florida," &c.

claims contained in spe

3. That the Spanish claims contained in special reports, The Spanish from one to thirty, reported in obedience to the fourth section of an act of congress, approved May eighth, eighteen hundred cial reports and twenty-two, entitled "An act for ascertaining claims and from 1 to 30, titles to lands in the territory of Florida," be, and the same are confirmed. hereby, confirmed to the claimants in possession.

reported, &c.

Vol. iii. p. 1869.

4. That the claims to lots in report and abstract K, recom- Claims to lots mended for confirmation as equitable titles, with the exception marked K, in report, &c. of the last ten, be, and the same are hereby, declared valid and with the exception of the confirmed, and the claim of the catholic inhabitants to a lot on last 10 conwhich the church stands, be, and the same is hereby, confirmed firmed, &c. to them for that use, so long as it is occupied for that purpose.

5. That the claims contained in the report of the receiver Claims conand register, made to the secretary of the treasury, in obedience tained in the to a law of the last session of congress, dated the thirteenth day register, &c.

report of the

of 18th July, of July, eighteen hundred and twenty-five, be, and the same are 1825, confirm- hereby, confirmed.

ed. Location of

the claim of Francisco,

Moreno.

6. That the claim of Francisco and Fernando Moreno, near Fort San Carlos de Barancas, shall be so located as not to interand Fernando fere 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.

Claims to

lands in report

on the square

7. That the claims to lots, in report L, with the exception L, with the ex- of that on the square Ferdinand Seventh, be, and the same are ception of that hereby, approved and confirmed, so far as the United States have Ferdinand any title to the same, without prejudice to the rights of the corSeventh, con- poration and the lots reserved for market house, and other pubfirmed, &c. lic 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 customhouse, 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 court house stands, as laid off in said plan of the Cabildo, shall be allowed or 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 whatever to the tract of land, so confirmed or granted.

Proviso.

Proviso.

Lands fronting Pensacola from the

bay, from

§ S. That the lands fronting Pensacola Bay, from the mouth of the Big Bayou, to a line below Tartar Point, and thence back mouth of the to the Bayou, selected by the navy commissioners, and all the Big Bayou to lands fronting said bay, and for one mile back, as far as the Grand Tartar Point, Lagoon, shall be reserved from sale or location, for the use of the served from navy yard or depot, and for other public works of the United States.

a line below

&c. to be re

sale for the

use of the United States.

officer of the

$9. That the proper accounting officers of the treasury deAccounting partment be, and they are hereby, authorized to receive and adtreasury to ad- just the accounts of the commissioners appointed to ascertain claims and titles to lands in East and West Florida, for the concommission- tingent expenses of said commissioners, and to pay the same out ers of E. and of any money in the treasury not otherwise appropriated. [Ap

just the accounts of the

W. Florida.

The western

boundary of

the land dis

trict of cape Girardeau, and of the

western district, &c.

proved, April 22, 1826.]

CHAP. 32. An act to extend the lines of certain land districts in the state of Missouri.

1. Be it enacted, &c. 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. 34. An act making further provision for the extinguishment of the debt due to the Vol. iv. p. United States, by the purchasers of public lands.

2105.

sions of the

debt due to the

$1. Be it enacted, &c. That the provisions of the act, entitled The provi "An act to provide for the extinguishment of the debt due to the act, entitled United States by the purchasers of public lands," approved May "An act to provide for the the eighteenth, one thousand eight hundred and twenty-four, and extinguishthe provisions of the act, entitled "An act explanatory of an act ment of the entitled an act to provide for the extinguishment of the debt due United States to the United States by the purchasers of public lands," approv- by the pured May the twenty-sixth, one thousand eight hundred and twen- public lands, ty-four, be, and the same are hereby, severally revived and continued in force, in all respects whatsoever, until the fourth day of 1941. 1969. July, one thousand eight hundred and twenty-seven.

&c.

Vol. ii. p.

holder of any

chased by the

shall have re

March, 1821,

§ 2. That the legal holder of any certificate of lands purchas- The legal ed from the United States, which land has reverted by virtue of certificate of the provisions of the act of the second of March, eighteen hun- any lands purdred and twenty-one, or the several acts supplementary thereto; United States, or which, by virtue of the fifth section of the act of tenth of which land May, one thousand eight hundred, is subject to be sold for the verted by the balance due thereon with interest; or which, under the provi- act of 2d sions of the said act, has become forfeited to the United States, &c. since the first day of July, eighteen hundred and twenty, and Vol. iii. p. which has not been sold, shall be permitted to redeem the same Vol. i. p. 763. 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.

1807.

holder of any

thereon, he is

§ 3. That if the legal holder of any certificate of further cre- If the legal dit extended to purchasers of public lands by the act of the se- certificate cond of March, eighteen hundred and twenty-one, entitled "An shall, prior to 1st July, 1827, act for the relief of the purchasers of public lands, prior to the discharge the' first day of July, eighteen hundred and twenty," shall, previous amount due to the fourth day of July, eighteen hundred and twenty-seven, entitled to a discharge the amount due on such certificate, by relinquishment, remission of or payment, or both, such holder shall be entitled to a remission the day of such of all interest due thereon at the day of such discharge, together discharge, &c. with a deduction of thirty-seven and a half per cent., on the amount actually paid in cash. [Approved, May 4, 1826.]

CHAP. 36. An act to provide for the apprehension and delivery of deserters from French ships in the ports of the United States.

1. Be it enacted, &c. That, on the application of a consul

interest due at

vice consul of

person therein named

or vice consul of France, made in writing, stating that the person On application therein named has deserted from a public or private vessel of of a consul or France, while in any port of the United States, and on proof, by France, made the exhibition of the register of the vessel, ship's roll, or other in writing, stating that official document, that the person named belonged, at the time the of desertion, to the crew of said vessel, it shall be the duty of has deserted any court, judge, justice, or other magistrate, having competent from a public power to issue warrants, to cause the said person to be arrested or private vesfor examination; and if, on the examination, the facts stated are while in any port of the U. found to be true, the person arrested, not being a citizen of the States, he VOL. III. 234

sel of France

ered up.

shall be deliv- United States, shall be delivered up to the consul or vice consul, to be sent back to the dominions of France; or, on the request, and at the expense of the said consul or vice consul, shall be detained, until the consul or vice consul finds an opportunity to send him back to the dominions of France: Provided nevertheless, That no person shall be detained more than three months after his arrest, but at the end of that time shall be set at liberty, and shall not be again molested, for the same cause.

Proviso; no person to be detained more than, &c.

Act to be in

force so long

2. That this act shall continue in force, so long as the convention of the twenty-fourth of June, eighteen hundred and as the conven- twenty-two, between the United States and France, shall be muJune, 1822, be tually obligatory on the parties to it, and no longer.

tion of 24th

obligatory.

After the year

sion of the supreme court changed.

May 4, 1826.]

[Approved,

CHAP. 37. An act for altering the time of holding the session of the supreme court of the United States, and of the sessions of the circuit courts of the United States, for the districts of Georgia and South Carolina.

1. Be it enacted, &c. That, from and after the year one 1826, the ses- thousand eight hundred and twenty-six, the session of the supreme court, heretofore held on the first Monday of February annually, shall, instead thereof, be held on the second Monday of January annually; and all actions, suits, appeals, recognizances, processes, writs, and proceedings whatever, pending, or which may be pending in said court, or returnable thereto, shall have day therein, and be heard, tried, proceeded with, and decided, in like manner as if the time of holding said session had not been altered.

Sessions of

the sixth cir

cuit court of

the U. S. for Georgia dis

trict, and the sixth circuit

court for S.

Carolina dis

trict, changed.

Times of hold

courts for the

York and

§ 2. That the sixth circuit court of the United States, for the district of Georgia, which is by law appointed to be holden on the fourteenth day of December annually, shall hereafter be holden on the fourth Monday in November annually; and that the sixth circuit court of the United States, for the district of South Carolina, which is by law appointed to be holden on the fourth Tuesday of November, annually, shall hereafter be holden on the second Monday in December annually; and that all process which shall have been issued, and all recognizances returnable, and all suits and other proceedings which have been continued to the said courts respectively, on the days heretofore provided by law for their meeting, shall be returned, and held continued to the said courts, at the times herein provided for the meeting of the said courts respectively. [Approved, May 4, 1826.]

CHAP. 38. An act to alter the times of holding the circuit courts of the United States for the district of New York, and the April term of the circuit court for the district of Connecticut.

1. Be it enacted, &c. That, from and after the first day of ing the circuit July next, the circuit courts of the United States for the district district of New of New York shall commence and be held at the city hall of the city of New York, on the last Mondays in May and October instead of the times heretofore established by law. And the circuit court of the United States for the district of Connecticut, holden at New Haven, shall be held on the last Wednesday in April, instead of the time heretofore established by law.

Connecticut, changed.

remain as if no change had takon place.

ments, &c. to

§ 2. That all indictments, informations, suits, or actions, and All indictproceedings of every kind, whether of a civil or criminal nature, pending in the said courts, respectively, on the first day of July next, shall thereafter have day in court, and be proceeded in, heard, tried, and determined, on the days herein appointed, for holding the said courts, respectively, in the same manner as they might and ought to have been done, had the said courts been holden respectively on the days heretofore directed by law. $ 3. That all writs, suits, actions, or recognizances, or other All writs, &c. to be proceedproceedings, which are or shall be instituted, served, commenced with as ed, had, or taken to the said circuit courts, or either of them, to before. have been holden as heretofore directed by law, shall be returnable to, entered in, heard, tried, and have day in court, in each of the said courts, respectively, to be holden at the times by this act directed, in the same manner as might and ought to have been done, had the said courts been holden at the times heretofore directed by law. [Approved, May 13, 1826.]

CHAP. 46. An act to amend the several acts for the establishment of a territorial govern. Vol. iii. p. ment in Florida. 1838.1952.

courts of Flori

original jurisritime causes, and equity,

diction in ma

&c.

§ 1. Be it enacted, &c. That the superior courts of the terri- Superior tory of Florida, within their respective districts, shall have and da to exercise exercise original jurisdiction in all civil causes, in law and equity, whether arising under the laws of the said territory or other wise, where the sum in controversy shall amount to one hundred dollars; and shall have original and exclusive cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade of the United States, whether such seizures be made on land or water; and of all suits for penalties and forfeitures incurred under the laws of the United States; and original, but not exclusive jurisdiction, of all suits in which the United States shall be a party, whatever may be the amount in controversy in such causes and suits; and shall have and exercise appellate jurisdiction, in all civil causes, originating in the inferior courts of said territory, whatever may be the amount in controversy; and shall have and exercise original and exclusive jurisdiction of all crimes and offences committed against the laws of the said territory, where the punishment shall be death; and original and appellate jurisdiction of all other crimes and offences committed against the laws of the said territory; and original and exclusive jurisdiction of all crimes and offences which shall be cognizable, under the authority of the United States, committed within the respective districts of the said superior courts, or upon the high seas.

Power given courts in term, &c. to issue

to the superior

writs of ha

2. That the said superior courts, and court of appeals, in term, and the judges thereof, in vacation, shall, respectively, have full power and authority, in all civil causes and criminal cases, to isuse writs of habeas corpus, of error, of certiorari, of beas corpus. mandamus, of prohibition, of scire facias, and of quo warranto, according to the principles and rules of law.

courts to be

3. That the said superior courts, respectively, shall be held Said superior as occasion may require, to prevent a delay of justice for the held as occatrial of causes of admiralty and maritime jurisdiction, and for sion may re

quire.

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