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CHAPTER IX.

PROVISIONS FOR RELIEF OF PURCHASERS.

1277

Lands purchased previous to 1st which have reverted, &c. to U. S.

July, 1820, may be relinquished to be issued, receivable as cash in to Ú. S. upon what conditions 1251

land payments

1270 Interest on debts for lands remitted 1252 Commissioner of general land office Classification of debtors for lands

to prescribe forms of certificate 1271 times for payment of their debts, Such certificates to be transmitted interest-remitted, when-deduc- to general land office, &c. 1272

tion for punctual payment 1253 In certain cases certificate to be isProvision for cases where lands have sued by secretary of treasury 1273

been laid off in town lots 1254 To whom certificate may be issued 1974 Land to be forfeited on failure of Provision in case of forged or alterpayment 1255 ed certificates

1275 Declaration of debtor to be made 1256 Provision where two or more have Duty of registers and receivers in purchased the same section 1276 executing relief laws

1257 Lands reverted to U.S. under relief Time when forfeiture to take place laws may be redeemed, &c.-forfeited lands to be sold

how when

1258 Right of pre-emption granted to Extension of relief laws to Septem- persons in possession of lands re. ber, 1822, 1259 linquished under rehef laws

1278 Duty of registers, &c. under the ex- Such lands to be sold-when 1279 tension act

1260 In case of certain lands revertedForfeiture postponed

1261 purchasers, &c. entitled to patent Relief laws extended to September, or pre-emption

1280 1823,

1262 Certificate to be given by register Time for filing relinquishment of for amount paid on lands reverted,

land, &c. further extended 1263 &c. to U. S. receivable as cash in Returns to be made by registers of payment of lands—where 1281 lands sold

1264 In such case register and commisFees of register, &c.

1265 sioner of land office to be governRelief laws extended to town and ed by act of 1828,

1282 out lots

1266 Provision for case where money Relinquishments to be filed with re- paid on lands retained is less than gister

1267 paid on lands relinquished 1283 Relief to purchasers of lands previ- Provision for lost certificate 1284 ously sold

1268 Provision for cases where patents Relief laws extended to July, 1827, 1269 have issued or may issue to perCertificates for moneys paid on lands sons dying before date of patent 1285

Art. 1251. In all cases where lands have been purchased from the United States, prior to the first day of July, eighteen hundred and twenty, the purchaser, or the legal holder of any certificate of land, may, on or before the thirtieth day of September, eighteen hundred and twenty-one, file, with the register of the land office, where any tract of land has been purchased, a relinquishment, in writing, of any section, half section, quarter section, half quarter section, or legal subdivision of any fractional section, of land so purchased, upon which the whole purchase money has not been paid, and all sums paid on account of the part relinquished, shall be applied to the discharge of any instalments which may be, or shall hereafter become, due and payable upon such land, so purchased, as shall not have been relinquished, and shall be so applied and credited as to complete the payment on some one or more half quarter sections where the payments by transfer are sufficient for that purpose : Provided, That all divisions, and subdivisions contemplat. ed by this act, shall be made in conformity with the first section of an act making further provision for the sale of public lands, passed the twenty-fourth day of April, one thousand eight hundred and twenty: And provided also, That the right of relinquishment hereby given, shall in no case authorize the party relinquishing, to claim any repayment from the United States : And provided also, That where any purchaser has purchased, at the same time, two or more quarter sections, he shall not be permitted to relinquish less than a quarter section.(1)*

1252. The interest which shall have accrued before the thirtieth day of September, 1821, upon any debt to the United States, for public land, shall be remitted and discharged.(2)

1253. Persons indebted to the United States for the purchase of lands, shall be divided into three classes; the first, including such persons as shall have paid to the United States only one-fourth part of the original price of the land by them respectively purchased or held; the second, including such persons as shall have paid to the United States only one-half part of such original price: and the third, including such persons as shall have paid to the United States three-fourth parts of such original price; the debts of those in the first class shall be paid in eight equal annual instalments; those in the second class, in six equal annual instalments; and of those in the third class, in four equal annual instalments; the first of which instalments, in each of the classes, shall be paid in the manner following, to wit: of the third class, on the thirtieth day of September, 1821 ; of the second class, on the thirty-first day of December, 1821 ; and of the first class, on the thirty-first day of March, 1822; and the whole of the debt aforesaid, shall bear an annual equal interest at the rate of six per centum ; which shall be remitted upon each and every instalment which shall be punctually paid when it shall become payable.(3)

Where complete payment of the whole sum due, or which may become due, for any tract of land so purchased from the United States, shall be made on or before the thirtieth day of September, one thousand eight hun. dred and twenty-two, a deduction, at the rate of thirty-seven and a half per centum, shall be allowed upon the sum remaining unpaid : Provid. ed, That nothing herein contained shall authorize any discount upon pay, ments made by a transfer of former payments under the provisions of the first section of this act.(4)

1254. Each and every individual or company that has laid off, on any lands by him or them purchased of the United States, any town, a part or the whole of the lots whereof have been sold, shall be entitled to the benefits of this act in relation to any half quarter, or quarter, section of land, on which such town may be situated, and of all land by him or them own. ed, contiguous to and adjoining said half quarter, quarter section, or section, on which said town is situated, upon condition only, that each person who has purchased of him, or them, a town lot, or part of a lot, or land in and adjoining the same, shall be entitled to a remission of all interest that has accrued, and to a discount of twenty per centum on the amount unpaid, and to discharge their debt by bonds, with security, in equal annual instalments of four years, from the thirtieth day of December, 1821. Nor shall the provisions of this act be construed to extend to any person or persons claiming title to land under the provisions of an act passed the third of March, one thousand eight hundred and seventeen, entitled, “An act to set apart and dispose of certain public lands for the encouragement of the cultivation of the vine and olive.”(5)

(1) Act 2d March, 1821, sec. 1. (2) Ibid. sec. 2.

Ibid. sec. 3.

(4) Ibid, sec. 4.
(5) Ibid. sec. 5.

* The 1st sec. Act 1820, is supplied by Act 5th April, 1832. (See supra, art. 1232.)

1255. For failure to pay the several debts aforesaid, in manner aforesaid, and for the term of three months after the day appointed for the payment of the last instalment thereof, in each of the classes aforesaid, the land so purchased or held by the respective persons indebted to the United States as aforesaid, shall, ipso facto, become forfeited, and revert to the United States.(1)

1256. No person shall be deemed within, or entitled to, the benefit of any of the provisions of this act, who shall not, on or before the thirtieth day of September, 1821, sign, and file in the office of the register of the land office of the district where the land was purchased, or where the residue of the purchase money is payable, a declaration in writing, expressing his consent to the same; and shall pay to the register, for receiving, recording, and filing the same, fifty cents.(2)

1257. The several registers and receivers, of the land offices of the United States, shall, according to the forms and instructions which may be given in that behalf by the treasury department, assist in carrying this act into execution ; keep full and faithful accounts and records of all proceedings under it; and within the term of three months after the thirtieth day of September, 1821, transmit to such department a correct report of the quantity of land relinquished to the United States; the quantity on which full pay. ment shall have been made; and the quantity on which a further credit shall have been given, distinguishing the amount of the debt on which further credit shall have been allowed; and they, respectively, shall be entitled to receive fifty cents from the party relinquishing, for each half quarter section, quarter section, half section, section, or legal subdivision of a fractional section, so relinquished.(3)

1258. No lands purchased from the United States on or before the first day of July, eighteen hundred and twenty, which are not already forfeited, shall be considered as forfeited to the government, for failure in completing the payment thereon, until the thirtieth day of September, 1821 ; and all the lands which shall be so relinquished to the United States, shall be deemed and held to be forfeited, and with all other lands which may become for. feited under this act, shall be sold according to the provisions of law.(4)

No land which shall be surrendered under the foregoing provisions, shall be offered for sale for the term of two years after the surrender thereof.(5)

1259. All purchasers, and every legal holder of any certificate of the purchase, of the public lands of the United States, who were entitled to, but who have not availed themselves of, any of the provisions of act 2d March, 1821, may be allowed, at any time on or before the thirtieth day of September, 1822, to surrender their certificates of purchase, to accept, and, on filing such acceptances, shall be entitled and subject to such of the provi. sions of the aforesaid articles as apply to cases where complete payment may be made of any tract of land prior to the thirtieth day of September, 1822.(6)

All purchasers, and every legal holder of any certificate of purchase, of the public lands of the United States, who may not have accepted any of the provisions of act 2d March, 1821, or who may not avail themselves of the provisions of the first section, may be permitted, at any time prior to the thirtieth of September, 1822, to file their acceptances, and surrender their certificates of purchase, and shall be entitled to all the benefits, and subject to all the provisions of such acts, which relate in any manner to relinquish.

(1) Act 2d March, 1821, sec, 6.
(2) Ibid. sec. 7.
(3) Ibid. sec. 8.

(4) Ibid. sec. 9.
(5) Ibid. sec. 10.
(6) Act 20th April, 1822, sec. 1.

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ment and classification, and to the extension of the time of payment by instalments, and the proceedings in relation thereto, as if such acceptances had been filed on or before the thirtieth of September, 1821.(1)

All purchasers, and every legal holder of any certificate of purchase, of the public lands of the United States, who may have filed their acceptances and surrendered their certificates of purchase, and accepted the provisions aforesaid, which relate to payments to be made by instalments, may be per. mitted, notwithstanding their acceptances heretofore filed, to make complete payment on any tract of land on or before the thirtieth day of September, 1822, and shall be entitled to the discount provided for, by the fourth section of the aforesaid act.(2)

1260. The registers and receivers of the several land offices of the Uni. ted States shall perform the duties prescribed by, or necessary to carry into complete effect, the provisions of this act, according to the forms and instructions heretofore given by the treasury department, shall keep full and faithful accounts and records of all proceedings under the same, in the manner prescribed by the 8th section of the aforesaid act, shall make report of the same to the treasury department, within the term of three months from the thir. tieth of September, 1822, and shall receive, as compensation for like ser. vices, the fees provided for by 7th and 8th sections of said act.(3)

1261. Every tract of land which would have been forfeited from a failure to file an acceptance and to surrender the certificate of purchase on or before the thirtieth of September, 1821, shall be exempted from forfeiture and sale until the thirtieth day of September, 1822, and no longer.(4)

1262. All persons who shall produce satisfactory evidence to the register and receiver of the proper land office, that they were actually entitled to, and would have availed themselves of, the provisions of act of April 20th, 1822, and their failure to do so was owing to such cause or circumstance as they could not control or prevent, shall be allowed until the thirtieth day of September, 1823, to avail themselves of all the privileges, advantages, and provisions, of said articles, in the same manner they could have done prior to the thirtieth of September, 1822.(5)

1263. In all cases where the purchaser, or legal holder of any certificate of purchase, of any of the public lands of the United States, may have ob. tained a certificate of further credit under the provisions of act 1st July, 1820, or acts of 1822, 1823, supplementary thereto, the person obtaining such certificate, or the legal holder thereof, shall be allowed, at any time prior to the tenth of April, one thousand eight hundred and twenty-five, to file, with the register of the land office, in the district where such land was purchased, a relinquishment, in writing, of any section, half section, quarter section, half quarter section, or fractional section, or legal subdivision of a fractional section, made according to the provisions of the existing laws, in relation to the survey and sale of the public lands; and any payment made, on any tract of land so relinquished, shall be applied to the payment of the amount due on any tract retained by said purchaser, or legal holder of a certificate of purchase ; which relinquishment shall be allowed only on condition that any such purchaser, or legal holder of a certificate of purchase, relinquish a sufficient quantity of land thereby, to complete his or her payments due to the United States, on any lands retained, or pay the balance due, and which may afterwards become due, in money, before or at the time of such relin. quishment; and on the payment of such balance in money, there shall be

(1) Act 20th April, 1822, sec. 2.
(2) Ibid. sec. 3.
(3) Ibid. sec. 4.

(4) Ibid. sec. 5.
(5) Act 3d March, 1833, sec. 1.

allowed, on the amount so paid, a deduction at the rate of thirty-seven and a half per centum: Provided, That nothing herein contained, shall entitle the person making such relinquishment to claim any repayment from the United States, on account of any lands so relinquished: And provided further, That nothing herein contained shall authorize any discounts upon pay. ments made by relinquishment.(1)

All purchasers, or legal holders of any certificate of purchase, of any of the public lands of the United States, who may have obtained a certificate of further credit, under the provisions of the several acts above mentioned, on making complete payment, previous to the tenth of April, eighteen hun. dred and twenty-five, of every instalment then due, and which shall afterwards become payable, shall be allowed, upon the amount so paid, a deduction, at the rate of thirty-seven and a half per centum.(2)

1264. It shall be the duty of the registers and receivers of the land offices of the United States, immediately after the tenth of April, eighteen hundred and twenty-five, to return complete lists of the lands relinquished the United States, within their districts; and such lands shall be exposed to sale, as other public lands of the United States.(3)

1265. The register and receiver of any land office shall be allowed double the fees given them by Act 2d March, 1821, for like services, to be paid by the person or persons availing themselves of the provisions of this act.(4)

1266. The provisions of this act, shall be extended to town-lots, and out-lots, reserved for that purpose, and sold by the United States on a credit.(5)

1267. All relinquishments of land which shall be executed under the provisions of the act of 18th May, 1824, or of this act, shall be filed with the register of the land office at which the land was purchased, any thing in the said act of 18th May, 1820, of which this is explanatory, to the contrary notwithstanding (6)

1263. Every person, or his legal representative, who is, or may be, a purchaser of a tract of land from the United States, the purchase whereof is, or may be void, by reason of a prior sale thereof by the United States, or by the confirmation, or other legal establishment of a prior British, French or Spanish grant thereof, or for want of title thereto in the United States, from any other cause whatsoever, shall be entitled to repayment of any sum of money paid for such tract of land, on making proof, to the satisfaction of the secretary of the treasury, that the same was erroneously sold by the United States, who is required to repay such sum of moneys so paid.(7)

1269. The provisions of the acts of 18th and 26th of May, 1824, shall be severally revived and continued in force in all respects whatever, until the fourth of July, 1827.(8)

The legal holder of any certificate of lands purchased from the United States, which lands have reverted by virtue of the provisions of act 2d of March, 1821, or the act supplementary thereto, or which, by virtue of the fifth section of the act of tenth May, one thousand eight hundred, are subject to be sold for the balance due thereon with interest ; or which, under

(1) Act 18th May, 1824, sec. 1.-See act 26th May, 1824.

(2) Act 18th May, 1824, sec. 2.
(3) Ibid. sec. 3.
(4) Ibid. sec. 4.

(5) Ibid. sec. 5.
(6) Act 24th May, 1824, sec. 2.
(7) Act 12th Jan. 1825, sec. 1.
(8) Act 4th May, 1826.

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