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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 y person who school lands in said district, he, she or they, shall be governed school lands, by the provisions of the fourth section of this act. (Approved, by ban er red
the 5th secApril 22, 1826.]
tion of this act.
CRAP. 29. An act to confirm the reports of the commissioners for ascertaining claims and
titles to lands in West Florida, and for other purposes. $1. Be it enacted, f.c. That all the decisions made by the Decisions commissioners, appointed to ascertain claims and titles to lands inade by the
commissionin the district of West Florida, made in favor of claimants to
ers, appointed lands and lots in said district, contained in the reports, opinions, 10 ascertain and abstracts, of the commissioners, which have been transmit- lands in West ted to the secretary of the treasury, according to law, be, and Florida, con
firmed. the same are hereby, confirmed.
$ 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 commis, the 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 Ist the said commissioners, and their secretary, shall be entitled to recognised as 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 iwenty-five, entitled “ An act to extend the time for the settlement of private land claims in the territory of Florida,” &c.
Ś 3. That the Spanish claims contained in special reports, The Spanish from one to thirty, reported in obedience to the fourth section claims conof an act of congress, approved May eighth, eighteen hundred cial reports and twenty-iwo, entitled “ An act for ascertaining claims and
reported, &c. titles to lands in the territory of Florida," be, and the same are confirmed.
Vol. iii. hereby, confirmed to the clainants in possession.
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, of the last ten, be, and the same are hereby, declared valid and with the exconfirmed, 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.
8 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.
of 13th July, of July, eighteen hundred and twenty-five, be, and the same are 1825, confirmod. hereby, confirmed. Location of $ 6. That the claim of Francisco and Fernando Moreno, near tho claim of Francisco,
Fort San Carlos de Barancas, shall be so localed as not to interand Fernando fere with the grounds reserved by the laws and ordinances of Moreno.
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 $7. That the claims to lots, in report L, with the exception lands in report 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 on the square 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 pub&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 aforeProviso. said : 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 Proviso.
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. Lands front- $ 3. That the lands fronting Pensacola Bay, from the mouth ing Pensacola bay, from the
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 Brother 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 sale for the
States. United States.
$ 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 10 ascertain just the ac- claims and titles to lands in East and West Florida, for the concommission- tingent expenses of said commissioners, and to pay the same out es of Ez and of any money in the treasury not otherwise appropriated. (ApW. Florida
proved, April 22, 1826.)
use of the
counts of tho
CHAP. 32. An act to extend the lines of certain land districts in the state of Missouri.
The western $ 1. Be it enacted, &c. That the western boundary, of the boundary of the land dis
Jand district of Cape Girardeau, and of the western district in the trict of capo state of Missouri, be, and the same is hereby, extended to the Girardeau, and of the
western boundary of ihe state of Missouri. (Approved, May 4,
1826.) trict, &c.
Vol. ni. p.
shall have re
act of 2
Cuar. 34. An act making further provision for the extinguishment of the dobi due to the Vol. iv.p.
United States, by the purchasers of public lands. § 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 the eighteenth, one thousand eight hundred and twenty-four, and provide for the the provisions of the act, entitled “ An act explanatory of an act ment of the
the entiiled an act to provide for the extinguishment of the debt due United States 10 the United States by the purchasers of public lands,” approv- by the pured May the twenty-sixth, one thousand eight hundred and iwen- public lands, ly-four, be, and the same are hereby, severally revived and con
&c. tinued in force, in all respects whatsoever, until the fourth day of 1941. 1969. July, one thousand eight hundred and twenty-seven.
§ 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 Siates, 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
March, 1821, sions of the said act, has become forfeited in the United States, &c. since the first day of July, eighteen bundred and twenty, and Yol, m. 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 thir1y-seven and a half per cent.
$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- certificato cond of March, eighteen hundred and twenty-one, entitled “ An shall, prior to 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 duo to the fourth day of July, eighteen hundred and twenty-seven, entitled to a discharge the amount due on such certificate, by relinquishinent, 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 cf the United States. § 1. Be it enacted, f.c. That, on the application of a consul 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 of 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 official document, that the person named belonged, at the time the person
therein named of desertion, to the crew of said vessel, it shall be the duty of any court, judge, justice, or other magistrale, having competent from a public power to issue warrants, 10 cause the said person to be arrested sel of France for examination; and if, on the examination, the facts stated are while in any found to be true, the person arrested, not being a citizen of the sound of the U. Vol. III.
person to be
shall be deliv. United States, shall be delivered up to the consul or vice consul, ered up.
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 nevertheProviso ; no
less, 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, detained more than, &c. and shall not be again molested, for the same cause.
§ 2. That this act shall continue in force, so long as the conAct to be in force so long vention of the twenty-fourth of June, eighteen hundred and as the conven- twenty-two, between ihe United States and France, shall be muJune, 1822, be tually obligatory on the parties to it, and no longer. (Approved, obligatory.
May 4, 1826.)
of Georgia and South Carolina. After the year $1. Be it enacted, f.c. That, from and after the year one 1826, the ses- thousand eight hundred and twenty-six, the session of the supremo court
preme court, heretofore held on the first Monday of February changed.
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 iherein, and be heard, tried, proceeded with, and decided, in like manner as if the time of holding said session had
not been allered. Sessions of $ 2. That the sixth circuit court of the United States, for the the sixth cir- district of Georgia, which is by law appointed to be holden on the U. S. for the fourteenth day of December annually, shall hereafter be holGeorgia dis- den on the fourth Monday in November annually; and that the trict, and the sixth circuit sixth circuit court of the United States, for the district of South court for S. Carolina dis
Carolina, which is by law appointed to be holden on the fourth trict, changed. 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 ihe 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.
courts for the
Times of hold- $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 disirict district of New
of New York shall commence and be held at the city hall of the York and
city of New York, on the last Mondays in May and October inConnecticut, changed.
stead of the times heretoforo 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.
$ 2. That all indictments, informations, suits, or actions, and all indictproceedings of every kind, whether of a civil or criminal nature, remain as ir ne pending in the said courts, respectively, on the first day of July change had
takon place. 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. proceedings, 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.] An act to amend the several acts for the establishment of a torritorial govern• Vol. iii. p. ment in Florida.
1838. 1952. § 1. Be it enacted, &c. That the superior courts of the terri- Superior tory of Florida, within their respective districts, shall have and courts of Floriexercise original jurisdiction in all civil causes, in law and equi- original juristy, whether arising under the laws of the said territory or other ritime causes, wise, where the sum in controversy shall amount to one hundred and equity, 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 ihe 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 author-ity of the United States, committed within the respective districts of the said superior courts, or upon the high seas.
§ 2. That the said superior courts, and court of appeals, in Power given term, and the judges thereof, in vacation, shall, respectively, courts in term, have full power and authority, in all civil causes and criminal &c. to issue 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.
$ 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