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surveys of the said land to the Secretary of the Treasury, the President of the United States is hereby authorized to issue letters patent to the said Major General Lafayette for the quantity of lands allowed by the said act.
Approved, March 27, 1804.
[See Part II, Nos. 13, 19, 618, 626, 635, 655, 656, 768, 769, 773, 819, 824, 843, 844, 846, 848, 849, 852, 354, 858, 859, 860, 861, 866, 869, 874, 877, 879, 880, 881, 882, 883, 835, 886, 887, 889, 890, 893, 898, 903, 904, · 914, 915, 918, 929, 940, 949, 953, 955.]
CHAP. 72.-An act concerning the mode of surveying the public lands of the
, scribed, &c.
Sec. 1. Be it enacted by the Senate and House of Repre. The surveyor gen sentatives of the United States of America in Congress as- lands“north of the sembled, That the surveyor general shall cause all those Ohio
, which, &c. lands north of the river Ohio, which, by virtue of the act &c, to be subdivid entitled “An act providing for the sale of the lands of the the manner de United States in the Territory northwest of the river Ohio, and above the mouth of the Kentucky river,”* were subdivided, Chap 42, by running through the townships parallel lines, each way, at the end of every two miles, and by marking a corner on each of the said lines, at the end of every mile, to be subdivided into sections, by running straight lines from the mile corners thus inarked to the opposite corresponding corners, and by marking on each of the said lines intermediate corners, as nearly as possible equidistant from the corners of the sections on the same. And the said surveyor general shall also cause The surveyor genthe boundaries of all the half sections which had been pur- boundaries of all chased previous to the first day of July last, and on which thuec hade sections the surveying fees had been paid according to law by the in the 1st of July, purehaser, to be surveyed and marked, by running straight veyed and marked, lines from the half-mile corners heretofore marked to the opposite corresponding corners; and intermediate corners Intermediate cor. shall, at the same time, be marked on each of the said divi- on each of the diding lines, as nearly as possible equidistant from the corners viding lines, &c. of the ball section on the same line: Provided, That the Proviso; the whole whole expense of surveying and marking the lines shall not in, &c. not to ex exceed three dollars for every mile which has not yet been every mile, &c. surveyed, and which shall be actually run, surveyed, and marked, by virtue of this section. And the
expense king the subdivisions directed by this section shall be de- jons, &c. to be defrayed out of the moneys appropriated, or which may be francey s appropria hereaster appropriated, for completing the surveys of the the sourcompleting public lands of the United States.
Sec. 2. And be it further enacted, That the boundaries The boundaries and contents of the several sections, half sections, and quarter sections, of the public lands of the United States, shall ed, in conformity
expense or making subdivis
with the principles be ascertained in conformity with the following principles, stated any act or acts to the contrary notwithstanding:
and contents of tho several sections, &c. lo be ascertain
1. All the corners marked in the sur.
the sections, &c.
1st. All the corners marked in the surveys, returned by veys returned, &c. the surveyor general, or by the surveyor of the land south of the proper corners the State of Tennessee, respectively, shall be established as of sections, &c.
the proper corners of sections, or subdivisions of sections, The corners of half which they were intended to designate; and the corners of Lions, not marked half and quarter sections, not marked on the said surveys, be placed, as near. shall be placed, as nearly as possible, equidistant from those ly as possible, equí- two corners which stand on the same line. distant, &c. 2. The boundary 2d. The boundary lines, actually run and marked in the and marked in the surveys returned by the surveyor general, or by the sur
be establish: veyor of the land south of the State of Tennessee, respected as the proper ively, shall be established as the proper boundary lines of boundary lines of
the sections or subdivisions for which they were intended ; and the length of such lines, as returned by either of the
surveyors aforesaid, shall be held and considered as the true linee not atually length thereof. And the boundary lines which shall not run, co to be as have been actually run and marked as aforesaid shall be manner prescritr ascertained by running straight lines from the established
corners to the opposite corresponding corners; but in those portions of the fractional townships, when no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be ascertained by running from the established corners due north and south or east and west lines, as the case may be, to the watercourse, Indian boundary line, or other external boundary of such fractional township.
3d. Each section, or subdivision of section, the contents whereof have been whereof shall have been, or, by virtue of the first section of Surveyor general
, this act, shall be, returned by the surveyor general, or by the ed as containing surveyor of the public lands south of the State of Tennessee, the exact qua suici respectively, shall be held and considered as containing the
exact quantity expressed in such return or returns; and the The half sections, half sections and quarter sections, the contents whereof shall whereof have no not have been thus returned, shall be held and considered to be considered as as containing the one half or the one fourth part, respectively, half, &c. of the re of the returned contents of the section of which they make
Sec. 3. And be it further enacted, That so much of the vides the mode or act entitled “ An act making provision for the disposal of the
the lands in the Indiana Territory, and for other purposes,""* as
re- provides the mode of ascertaining the true contents of secpealed. *Ante, chap. 69 tions, or subdivisions of sections, and prevents the issue of
final certificates, unless the said contents shall have been ascertained, and a plot, certified by the district surveyor, lodged with the register, be, and the same is hereby, repealed.
Approved, February 11, 1805.
3. Each section,
turned contents of
[See Part II, Nos. 85, 192, 193, 196, 209, 231, 395, 506, 636, 725, 750, 751, 752, 753, 796, 841, 905, 912, 922, 971, 972, 996.)
lain claims to land
&c. The certificates to
See ante, sec. 6.
CHAP. 73.— An act further to amend an act entitled “An act regulating the grants of land, and providing for the disposal of the lands of the United States,
*See original act south of the State of Tennessee."*
of 3d March, 1803;
ante, chap. 62 Sec. 1. Be it enacted ly the Senate and House of Repre- Persons obtaining sentatives of the United States of America in Congress as- the board, &c. apsembled, That persons who may have obtained, or shall ob- lemn incardins tain, certificates from the board of commissioners appointed
in the Mississippi
Territory, allowed to ascertain the claims to lands in the Mississippi Territory, three months after shall be allowed three months after the respective date of entering them with such certificates, for entering the same with the register of the proper land office; and certificates thus entered shall have the same el. have the same force and effect as if they had been duly en- with the register tered with the said register on or before the first day of Jan- January, 1905. uary, one thousand eight hundred and five.
chap. 62. Sec. 2. And be it further enacted, That the commission- The commissioners appointed to ascertain the claims to lands in the above- ers appointed to asmentioned Territory, east of Pearl river, shall be authorized to landscast of to grant certificates for lands lying in the island known by the authorized to grant name of Nannee Hubba, formed by the cut-off of the river lands in the island Tombigbee and Alabamaha; and persons having claims for Nannee Hubba, lands lying either in said island or east of the Tombigbee Persons having and Alabamaha rivers, shall be permitted to file the same yange into Nananda with the register of the land office till the first day of May, Hubim, &c. permit. one thousand eight hundred and five; and the commissioners with the register
till the 1st of May, shall decide on the same, in the same manner as if they had 1905, &c. been presented before the thirty-first day of March, one
ISee ante, sec. 5, thousand eight hundred and four. I
chap. 62. Sec. 3. And be it further enacted, That each of the last- Each of the commentioned commissioners shall be allowed at the rate of six tioned to be allowdollars a day, for every day he shall attend subsequent to the dollars a day for first day of April, one thousand eight hundred and five: every day be at
, Provided, That such additional allowance shall not exceed five hundred dollars for each commissioner.
Sec. 4. And be it further enacted, That the clerk of each Themelerk of each of the boards of commissioners appointed to ascertain the w be allowed at the claims to lands in the above-mentioned Territory shall be al- a year, &c. lowed at the rate of seven hundred and fifty dollars a year, from the time when he entered on the duties of his office to the time when the board shall adjourn sine die.
Sec. 5. And be il further enacted, That persons claiming lands in the Mis Jands in the Mississippi Territory, by virtue of British grants, by puede Brick legally and fully completed, who may not have filed their grants, legally and claims with the proper register of the land office, in con- who may not have formity with the provisions heretofore made for that purpose, in conformity with may, until the first day of December, one thousand eight here provisions hundred and five, file such claims with the register of the &c max fide them, land office west of Pearl river, and have the same recorded. cember, 1205, with And the said register shall, on or before the first day of Jan- land office west of uary, one thousand eight hundred and six, make to the Secretary of the Treasury a full report of all the British grants make to the soc thus recorded; which report shall immediately after be laid ury a full report of before Congress. The lands contained in such grants shall Boricien
, etanis re
Pearl river, &c.
of for a year, &c.
grants, &c. neither those grants,
The lands in such not be otherwise disposed of until the end of one year after otherwise disposed that time. And if any such person shall neglect to file such
British grant, and to have the same recorded in the manner to file the British and time hereby provided, neither such grant, nor any other
evidence of such claim, which shall not have been recorded &r to be ever af as above directed, shall ever after be considered or admitted ter admitted, &c. as evidence, in any court of the United States, against any
grant derived from the United States, or against any title, legally and fully executed, derived from the Spanish Government, any act or acts to the contrary notwithstanding.
Approved, March 2, 1805. .
[Sce Part II, Nos. 618, 768, 769, 773, 819, 824.]
CHAP. 74.-An act for ascertaining and adjusting the tities and claims to land
within the Territory of Orleans and the district of Louisiana.
Persons, &c. who, on the 1st of Oct.
Sec. 1. Be it enacted by the Senate and House of Repre1800, were residen sentatives of the United States of America in Congress asries cedra by the sembled, That any person or persons, and the legal repre&c., and who hud, sentatives of any person or persons, who, on the first day of prior, &c. faid: October, in the year one thousand eight hundred, were resior Spanish Gor: dent within the territories ceded by the French republic to duly registered the United States, by the treaty of the thirtieth of April, one lands lying within thousand eight hundred and three, and who had, prior to the the said it said first day of October, one thousand eight hundred, ob
tained from the French or Spanish Governments, respectively, during the time either of the said Governments had the actual possession of said territories, any duly registered warrant, or order of survey, for lands lying within the said territories, to which the Indian title had been extinguished, and which were on that day actually inhabited and cultivated by such person or persons, or for his or their use, shall be
confirmed in their claims to such lands, in the same manner Proviso: no such as if their titles had been completed : Provided, however, be contirmed, un- That no such incomplete title shall be confirmed, unless the was the head of a person in whose name such warrant or order of survey had
been granted was, at the time of its date, either the head of
a family or above the age of twenty-one years; nor unless *. See act of March the conditions and terms on which the completion of the chap. 9.
grant might depend shall have been fulfilled.* (1) Persons, &c. who, Sec. 2. And be it further enacted, That to every person, head of a family or or to the legal representative or representatives of every orange, haute prior w person, who, being either the head of a family or twentyber, 1803, with the one years of age, had, prior to the twentieth day of Decempermission of the ber, one thousand eight hundred and three, with the permiscer, &c. made an sion of the proper Spanish officer, and in conformity with on tracts of land, the laws, usages, and customs, of the Spanish Government, &c. not claimed by made an actual settlement on a tract of land within the said ceding section, or
(1) See Part II, Nos. 20, 29, 64.
family, above the age of twenty-one, &c.
3, 1807; section 1,
virtue of the pre
than one tract to be granted to one
territories, not claimed by virtue of the preceding section, off any Spanish or or of any Spanish or French grant made and completed be-pleted before the fore the first day of October, one thousand eight hundred, and etc. actually inhab. during the time the Government which made such grant the tracts inhabithad the actual possession of the said territories, and who did, ed, etc. on the said twentieth day of December, one thousand eight hundred and three, actually inhabit and cultivate the said tract of land, the tract of land thus inhabited and cultivated #See chap. 84. shall be granted :* Provided, however, That not more than Proviso; not more one tract shall be thus granted to any one person,
and the same shall not contain more than one mile square, together antain andere nato with such other and further quantity as heretofore has been one mile square, allowed for the wife and family of such actual settler, agreeably to the laws, usages, and customs, of the Spanish Goverament:t Provided, also, That this donation shall not be tSee appendix maile to any person who claims any other tract of land in the said territories by virtue of any French or Spanish grant.
Sec. 3. And be it further enucted, That, for the purpose For the purpose of of more conveniently ascertaining the titles and claims to etc. the Territory land in the territory ceded as aforesaid, the Territory of Or- laid off intoo two leans shall be laid off into two districts, in such manner as
districts, etc. the President of the United States shall direct; in each of which he shall appoint, in the recess of the Senate, but who a register to be apshall be nominated at their next meeting, for their advice listenied, eller each and consent, a register, who shall receive the same annual compensation, give security in the same manner and in the Compensation, dusame sums, and whose duties and authorities shall, in every tirs, of the rexisrespect, be the same, in relation to the lands which shall here- ters, etc. after be disposed of at their offices, as are by law provided with respect to the registers in the several offices established for the disposal of the lands of the United States north of the river Ohio, and above the mouth of Kentucky river. I The See ante, chap. President of the United States shall likewise appoint a recorder of land titles in the district of Louisiana, who shall
appoint a recorder give security in the same manner and in the saine sums, and district or Louisishall be entitled to the same annual compensation, as the re
&See ante, chap. gisters of the several land offices.
Sec. 4. And be it further enacted, That every person Persons claiming claiming lands in the above-mentioned territories, by virtue lundi eta, bere of any legal French or Spanish grant, made and completed or Spanish grants before the first day of October, one thousand eight hundred, the ist of October, and during the time the Government which made such grant sons claiming, etc. had the actual possession of the territories, may, and every first sections of this person claiming lands in the said territories, by virtue of the act, etc. to deliver, two first sections of this act, or by virtue of any grant or in- March, 1805, to the complete title, bearing date subsequent to the first day of er, a notice in wriOctober, one thousand eight hundred, shall, before the first ture and extent of day of March, one thousand eight hundred and six, deliver to the register of the land office, or recorder of land titles, within whose district the land may be, a notice, in writing, stating the nature and extent of his claims, together with a plat of the tract or tracts claimed ; and shall, also, on or be. See sec. 3, chap.
their claims, etc.