herein to enable authorized by the any warrant issued established, at a price not less than one dollar per acre. And provided, further, That nothing herein contained shall be con- Proviso; nothing strued to enable any person or persons, until authorized by the any person, until Legislature of the State of Tennessee, to locate any warrant, Legislature of Tenissued under the authority of the State of North Carolina, with- nessee, to locate in the limits of the lands reserved to the Cherokee Indians by under the authori ty of North Carolithe fifth section of the act of said State entitled "An act for na, within the lim opening the land office for the redemption of specie and served to the Cherother certificates, and discharging the arrears due to the army," passed in the year one thousand seven hundred and eighty-three. its of the lands re okees, &c. ceded to Tennes tain a sufficient isting legal claims &c. Congress to SEC. 3. And be it further enacted, That if the territory If the territory hereinbefore ceded to the State of Tennessee shall not see should not concontain a sufficient quantity of land fit for cultivation, ac- quantity of land, cording to the true intent and meaning of the original act of &c. to perfect excession, including the lands within the limits reserved by charged thereon, the State of North Carolina to the Cherokee Indians, to provide by law, perfect all existing legal claims charged thereon by the conditions contained in this act of cession, Congress will hereafter provide by law for perfecting such as cannot be located in the territory aforesaid, out of the lands lying west or south of the before-described line. Approved, April 18, 1806. [See Part II, No. 395.] CHAP. 83.-An act to repeal so much of any act or acts as authorize the receipt of evidences of the public debt in payment for lands of the United States, and for other purposes relative to the public debt.* &c. *See, as repealed by this act, the act of 3d March, 1797, the receipt of evi ment for lands, &c. 30th of April, 1806. have purchased SEC. 1. Be it enacted by the Senate and House of Repre- chap. 44; and sec. 5, chap. 49. sentatives of the United States of America in Congress as- So much of any sembled, That so much of any act or acts as authorize the acts as authorize receipt of evidences of the public debt in payment for the lands dences of the pubof the United States, shall, from and after the thirtieth day lic debt, in pay. of April, one thousand eight hundred and six, be repealed: repealed after the Provided, That the right of all persons who may have pur- Proviso; the right chased public lands previous to the passage of this act, to of persons who pay for the same in stock, shall in nowise be affected or previously, &c. not to be affected, &c. impaired: And provided, further, That there shall be allowed on every payment made in money, at or before the allowance on evesame shall fall due, for lands purchased before the thirtieth in money, before day of April, one thousand eight hundred and six, in addition lands purchased to the discounts now allowed by law, a deduction equal to before the 30th of the difference, at the time of such payment, between the market price of six per cent. stock and the nominal value of its unredeemed amount; which market price shall, from time to time, be stated by the Secretary of the Treasury to the officers of the several land offices. Proviso; additional ry payment made falling due, for April, 1806, &c. The commission fund not to pur SEC. 2. And be it further enacted, That the commission- ers of the sinking ers of the sinking fund shall not be authorized to purchase chase any of the any of the several species of the public debt at a higher price the public debt at than at the rates following, that is to say: they shall not pay the rates specified. several species of a higher price than So much of any act as directspurchases &c. to be made chases to be made ed proposals, re pealed. more for three per cent. stock than sixty per cent. of its nominal value, nor for any other species of the public debt more than the nominal value of its unredeemed amount, the eight per cent. stock only excepted; for which they shall be authorized, in addition thereto, to give at the rate of one half of one per cent. on the said nominal value, for each quarterly dividend which may be payable on such purchased stock, from the time of such purchase to the first day of January, one thousand eight hundred and nine. SEC. 3. And be it further enacted, That so much of any of the public debt, act as directs that purchases of the public debt, by the comwithin 30 days, &c. missioners of the sinking fund, shall be made within the and as directs pur thirty days next ensuing after each day on which a quarterly openly or by seal payment of interest on the debt of the United States shall become due, and, also, so much of any act as directs that the said purchases shall be made by open purchase or by sealed The commission proposals, be, and the same hereby is, repealed. And the make purchases, said commissioners are hereby authorized to make such pur&c. as they may chases, under the restrictions laid by the preceding section, ble, &c. appoint in such manner and at such times and places as they shall ers authorized to deem most eligi agents, &c. *See original act of 2d March, 1805, chapter 74. tracts of land by section of the act ced an actual set prior to the 1st of deem most eligible; and for that purpose to appoint a known agent or agents, to whom they may allow a commission not exceeding one fourth of one per cent. on the respective purchases of such agents. Approved, April 18, 1806. [See Part II, No. 201.] CHAP. 84.-An act supplementary to an act entitled "An act for ascertaining and adjusting the titles and claims to land within the Territory of Orleans and the district of Louisiana." SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asPersons claiming sembled, That every person or persons claiming a tract of virtue of the 20 land by virtue of the second section of the act to which this referred to, and act is a supplement, and who had commenced an actual setwho had commen- tlement on such tract prior to the first day of October, one tlement thereon thousand eight hundred, and had continued actually to inOct. 1800, and con- habit and cultivate the same during the term of three years and cultivate the from the time when such actual settlement had commenced, years, &c. to be and prior to the twentieth day of December, eighteen hunconsidered as hav- dred and three, shall be considered as having made such settlement with the tlement with the permission of the proper Spanish officer, proper Spanish of although it may not be in the power of such person or persons to produce sufficient evidence of such permission. tinued to inhabit same for three ing made the set permission of the ficer, &c. Persons rightfully claiming a tract the act referred to, SEC. 2. And be it further enacted, That every person or not exceeding 640 persons rightfully claiming a tract of land, not exceeding six acres, by virtue of hundred and forty acres, by virtue of the act to which this to be confirmed, act is a supplement, shall be confirmed in his or their claims, above 21 years of if otherwise embraced by the provisions of the said act, alage, provided, &c. though the person or persons under whom the claim or claims although, &c. not originated were not, at the time when the same originated, above the age of twenty-one years: Provided, That the tract of land thus claimed had been, for the space of ten consecutive years, prior to the twentieth day of December, eighteen hundred and three, in the quiet possession of, and actually inhabited and cultivated by, such person or persons, or for his or their use. writing, &c., of leans, to &c. barred, &c. *See sect. 4, chap. 74. land offices in the re ceive, enter, and SEC. 3. And be it further enacted, That the time fixed by The time fixed for delivering to the the act to which this act is a supplement, for delivering to register notices in the register of the proper land office notices in writing, and claims to land in the written evidences of claims to land in the Territory of the Territory of Or Orleans, be, and the same is hereby, extended till the first the 1st Jan. 1807, day of January next; and persons delivering such notices and evidences shall be entitled to the same benefits as if the same had been delivered prior to the first day of March last; but the rights of such persons as shall neglect so doing, The rights of perwithin the time limited by this act, shall be barred, and the sons neglecting, evidences of their claims never after admitted as evidence, in the same manner as had been provided by the fourth section of the act to which this act is a supplement, in relation to claims, notices and written evidences of which should not be delivered prior to the said first day of March last.* SEC. 4. And be it further enacted, That the registers of The registers of the the land offices in the Territory of Orleans, respectively, be, Territory of Orand they are hereby, authorized to appoint so many deputies, leans to appoint deputies, &c. not exceeding one for each county in their respective districts, as they may think necessary; whose duty it shall be to receive, enter, and file notices, and to receive and record Deputies to written evidences of claims to lands lying in the county or file notices, &c. counties to them respectively assigned, in the same manner as the register might do; and, also, to transmit to the register the said notices and evidences, or such transcripts of abstracts of the same, as the said register or the commissioners may direct; and, generally, to do and perform all such acts, in relation to such claims, as the said register may direct. Per- Persons having sons having claims to land may deliver the notices and evi- deliver the notices, dences of the same, at their option, either to the register of register or his depthe proper land office, or to his deputy for the county in uty, &c. which such land lies; and each of the said deputies shall be compensation to entitled to receive the recording fees allowed to the register by the act to which this act is a supplement, and, in addition thereto, (or a compensation of five hundred dollars in full for all his services,) at the rate of one dollar for every claim filed with him, to be paid out of the moneys appropriated for +See sect. 4, chap. carrying into effect the act to which this act is a supplement.† 74, and section 9, SEC. 5. And be it further enacted, That the commissioners The commissionappointed for the purpose of ascertaining the rights of per- the rights of persons claiming lands in the Territory of Orleans shall, in their sons claiming respective districts, have the same powers and perform the ritory of Orleans to same duties, in relation to the claims thus filed before the spective districts, the same powers, first day of January next, as if notice of the same had been &c. as provided by given before the first day of March last, and as was provided the act referred to. claims to land may &c. either to the the deputies, &c. chap. 91, post. ers for ascertaining lands in the Ter have, in their re cisions and reports to be made and The commission the nature and ex tional concession grants, or from by the act to which this act is a supplement, in relation to Transcripts of de, the claims therein described. Transcripts of the decisions of claims filed, &c. of the said commissioners, and reports of the claims filed in transmitted, &c. conformity with the provisions of this act, shall be made and transmitted, as was provided by the act to which this act is a supplement, in relation to the claims therein described. It ers to inquire into shall likewise be the duty of the said commissioners to intent of the claims quire into the nature and extent of the claims which may to a double or an arise from a right, or supposed right, to a double or additional on the back of the concession on the back of grants or concessions heretofore grants or conces- made, or from grants or concessions heretofore made to nors, &c., and minors, and not embraced by the provisions of this act, or from grants or concessions made by the Spanish Government, subsequent to the first day of April, one thousand eight hundred, for lands which were actually settled and inhabited on the twentieth day of December, one thousand eight hundred and three; and to make a special report thereon to the Secretary of the Treasury; which report shall be by him laid before Congress at their next ensuing session. And the lands braced by the re- which may be embraced by such report shall not be otherposed of until Con- wise disposed of until a decision of Congress shall have *See chapter 74. been had thereupon.* sions made to mi make a special report, to be laid be. fore Congress, &c. The lands em port not to be dis gress decide. ceive, in addition to act, &c. er to receive at the to exceed $2,000. to the number of com Each register to re- SEC. 6. And be it further enacted, That each of the reemoluments, gisters aforesaid shall, in addition to his other emoluments, services to be per receive a compensation of five hundred dollars for the serformed under this vices to be performed under this act prior to the first day of Each commission January next; and each of the commissioners aforesaid shall rate of $6 a day, receive at the rate of six dollars a day for every day's actual attendance on the duties of his office subsequent to the Proviso; the am't first day of January next: Provided, That the whole amount a commissionernot of compensation thus allowed shall not, for any commisProviso; the Presi- sioner, exceed two thousand dollars: And provided, also, dent may reduce That the President of the United States may, if he shall missioners, &c. think proper, reduce, after the first day of January next, the number of commissioners, on either or both boards, to one or two persons; and, in case of such reduction, the commisThe remaining sioner or commissioners constituting the board shall have the same same powers which are vested by this act, or by the act to powers, &c. which this act is a supplement, in the board established by The clerk of each the act to which this act is a supplement. The clerk of each board to receive at of the boards shall be entitled to receive at the rate of fifteen per annum, trans- hundred dollars a year, the translators at the rate of six of $600, and agents hundred dollars a year, and the agents employed by the Secretary of the Treasury at the rate of fifteen hundred dollars a year, from the first day of January next to the time when Proviso; not more each board shall respectively be dissolved: Provided, That compensation to no more than one year's compensation be thus allowed to be thus allowed to each of the said clerks, translators, and agents: And proProviso; the Secre- vided, also, That the Secretary of the Treasury may discontary of the Treasu- tinue either one or both of said agents, whenever he shall the agents, &c. think it proper. commissioners have the to ers for ascertaining sons claiming tories of Orleans pose of obtaining move their sittings, more members of SEC. 7. And be it further enacted, That the commissioners The commissionappointed for the purpose of ascertaining the rights of persons the rights of perclaiming lands in the Territories of Orleans and Louisiana lands in the Terribe, and they are hereby, authorized, if they shall think it and Louisiana, necessary for the purpose of obtaining oral evidence, either may, for the purin support of or in opposition to claims, which evidence could evidence, &c., renot be given at the usual place of their sittings without op- or send one or pression to the parties or witnesses, to remove their sittings, the board, &c. or to send for that purpose one or more members of the board to such other place or places, within their respective districts, as they may think necessary: And each of the Each commissioncommissioners going for that purpose to such other place or in addition, at the places shall, in addition to his compensation, receive at the rate of 6 for every rate of six dollars for every twenty miles, going to and returning from such place or places: Provided, That no com- Proviso; no commissioner shall receive, in the whole, on that account, more ceive more than than for the distance from the usual place of the sittings of the extreme settlethe board to the extreme settlements within his respective district. er going to receive, 20 miles, &c. missioner to re for the distance to ments, &c. pare the reports the form which the Treasury may as the Secretary them. the public lands pal deputy for each tricts of the Terri puties to reside in an office, execute surveys, &c. SEC. 8. And be it further enacted, That each of the boards The boards to preaforesaid shall prepare and cause to be prepared the reports and transcripts in and transcripts which by law they are directed to make to the Secretary of the Secretary of the Treasury, in conformity with such forms prescribe, and conas he may prescribe; and they shall also, in their several ceedings, &c. to proceedings and decisions, conform to such instructions as such instructions the said Secretary may, with the approbation of the Presi- may transmit dent of the United States, transmit to them in relation thereto. SEC. 9. And be it further enacted, That the surveyor of The surveyor of the public lands south of Tennessee be, and he is hereby, south of Tennessee directed to appoint a principal deputy for each of the two to appoint a princiland districts of the Territory of Orleans; whose duty it shall of the two land disbe to reside and keep an office in the said districts, respect- tory of Orleans. ively; to execute, or cause to be executed by the other The principal dedeputies, such surveys as have been or may be authorized their districts, keep by law, or as the commissioners aforesaid may direct; to file and record all such surveys; to form, as far as practicable, connected draughts of the lands granted in the district, so as to exhibit the lands remaining vacant; and, generally, to perform in such districts, respectively, in conformity with the regulations and instructions of the said surveyor of the public lands south of the State of Tennessee, the duties imposed by law on said surveyor. And each of the said principal depu- Each principal deties shall receive an annual compensation of five hundred putyto receive an dollars, and, in addition thereto, the following fees, that is to tion of $500, and say for examining and recording the surveys executed by any of the deputies, at the rate of twenty-five cents for every mile of the boundary line of such survey; and for a certified copy of any plot of a survey in the office, twenty-five cents.(1) SEC. 10. And be it further enacted, That the President of The President authe United States be, and he hereby is, authorized, whenever a receiver of public (1) See Part II, Nos. 29 and 212. annual compensa fees in addition. thorized to appoint money for the western district of the Territory of Orleans, &c. |