herein to affect the

whose claims have

&c.

puty surveyor to

the

out boundary lines

out-lots, &c., make,

common thereto: Provided, That nothing herein contained Proviso; nothing shall be construed to affect the rights of any persons claiming rights of persons the same lands, or any part thereof, whose claims have been been confirmed, confirmed by the board of commissioners for adjusting and settling claims to land in the said Territory. And it shall The principal debe the duty of the principal deputy surveyor for the said survey, &c. Territory, as soon as may be, to survey, or cause to be sur- of the towns, &c., veyed and marked, (where the same has not already been so as to include the done according to law,) the out boundary lines of the said out plats, &c. several towns or villages, so as to include the out-lots, common field lots, and commons, thereto, respectively, belonging. And he shall make out plats of the surveys, which he shall transmit to the surveyor general, who shall forward copies of the said plats to the Commissioner of the General Land Office and to the recorder of land titles; the expense of surveying the said out boundary lines shall be paid by the United States out of any moneys appropriated for surveying the public lands: Provided, That the whole expense shall Proviso; the whole not exceed three dollars for every mile that shall be actually ceed 3 for every surveyed and marked. SEC. 2. And be it further enacted, That all town or village All town or village lots, out-lots, or common field lots, included in such surveys, fully owned, &c. which are not rightfully owned or claimed by any private dividuals, &c. or individuals, or held as commons, belonging to such towns or that the President, villages, or that the President of the United States may not the support of think proper to reserve for military purposes, shall be, and the same are hereby, reserved for the support of schools in the respective towns or villages aforesaid: Provided, That Proviso; the whole the whole quantity of land contained in the lots reserved for for schools, &c. not the support of schools, in any one town or village, shall not part, &c. exceed one twentieth part of the whole lands included in the general survey of such town or village.

a

expense not to exmile actually surveyed, &c.

lots, &c. not right

by any private in

&c., reserved for

schools.

quantity reserved

to exceed 1-20th

donation of lands

in

Every claim to a the Territory of Missouri, in virtue braced by the remissioners, and not permission to set

of settlement, em

port of the com

confirmed because

officer, has

not

&c., to be confirm.

pears that the

SEC. 3. And be it further enacted, That every claim to donation of lands in the said Territory, in virtue of settle ment and cultivation, which is embraced by the report of the commissioners transmitted to the Secretary of the Treasury, and which, by the said report, shall appear not to have been confirmed, merely because permission, by the proper Spanish officer, to settle, has not been duly proven; or because the by the Spanish tract claimed, although inhabited, was not cultivated on the been proven, or, twentieth of December, one thousand eight hundred and ed in case it apthree; or not to have been confirmed on account of both said tract claimed was causes; the same shall be confirmed, in case it shall appear to the 20th Dec. that the tract so claimed was inhabited by the claimant, or &c. some one for his use, prior to the twentieth day of December, one thousand eight hundred and three, as aforesaid, and cultivated in eight months thereafter; subject, however, to every other limitation and restriction prescribed by former laws in respect to such claims: and in all cases where it In cases where it shall appear by the said report, or other records of the appears by the reboard, that claims to land have not been confirmed, merely claim has not been on the ground that the claim was for a greater quantity than ground that it was

inhabited, &c. prior

1803, &c., subject,

port, &c. that a

confirmed on the

tity, &c., it is to be

extent of 800 ar

pens.

land titles for the

souri to make an

for a greater quan- eight hundred arpens, French measure, every such claim, to confirmed to the the extent of eight hundred arpens, shall be confirmed. SEC. 4. And be it further enacted, That the recorder of The recorder of land titles for the said Territory shall, without delay, make Territory of Mis- an extract from the books of the said board of commissioners extract from the of all the claims to land which are, by the preceding section, books, &c. of to directed to be confirmed, a copy of which he shall transmit be confirmed by to the Commissioner of the General Land Office; and he tion, and transmit shall furnish the principal deputy surveyor with a proper missioner of the description of the tracts so to be confirmed, wherein the fice, furnish the quantity, locality, boundaries, and connexion, when practicawith a description, ble, with each other, and those tracts that have been conissue certifi firmed by the board of commissioners, shall be stated.

directed

the preceding sec

a copy to the Com

General Land Of

deputy

&c. 1

cates, &c.

And whenever plats of the surveys, as hereinafter directed, shall have been returned to the said recorder's office, it shall be his duty to issue, for each tract to be confirmed as aforesaid, to the person entitled thereto, a certificate in favor of the party, which shall be transmitted to the Commissioner of the General Land Office; and if it shall appear, to the satisfaction of the said Commissioner, that such certificate has been fairly obtained, according to the true intent and meaning of Patents to be grant this act, then, in that case, patents shall be granted in like manner as is provided by law for the other lands of the United States.

ed, &c.

The principal dep

uty surveyor to sur

of the lands in the

may direct, &c.,

the cl'ms to which

confirmed, &c.

SEC. 5. And be it further enacted, That the principal vey, &c. so much deputy surveyor shall survey, or cause to be surveyed, unMissouri Territory der the direction of the surveyor general, so much of the as the President lands in the said Territory, to which the Indian title has and also the lands been extinguished, as the President of the United States are directed to be may direct, into townships of six miles square, by lines running due north and south, and others crossing these at right angles; and also the lands the claims to which are directed to be confirmed by the third section of this act; and the lands the claim to which have been confirmed by the board of commissioners, where the same has not already been surThe principal dep. veyed under the authority of the United States. And the make out a general said principal deputy surveyor shall make out a general and of all the surveys, connected plat of all the surveys directed by this act to be the surveyor gen made, or which have already been made, under the authority of the United States, which he shall transmit to the surveyor general, who shall transmit copies of the said plat or plats to the recorder of land titles and the Commissioner of the GenThe expense of eral Land Office. The expense of surveying shall be paid paid by the United by the United States: Provided, The same shall not, in the States, provided it does not exceed $3 whole, exceed three dollars a mile for every mile that shall a mile, &c. be actually surveyed and marked.

uty surveyor to

and connected plat

and transmit it to

eral, who, &c.

surveying to be

Where, by reason

any tract, &c. the

certained by the

of the indefinite SEC. 6. And be it further enacted, That in all cases where, description, &c. of by reason of the indefinite description of the local situation same cannot be as- and boundaries of any tract, the claim to which has been principal deputy confirmed by the commissioners, the same cannot be ascercorder, &c. to fur- tained by the principal deputy surveyor, it shall be the duty nish such precise of the recorder of land titles, on the application of the said

surveyor, the re

ascertaining boun

the

have free access,

papers in the re

principal deputy, to furnish such precise description thereof as can be obtained from the records in his office and the books of the said board of commissioners; and for the pur- For more correctly pose of the more correctly ascertaining the locality and daries, &c., boundaries of any such tracts, the said principal deputy shall principal deputy have free access, at all reasonable hours, to the books and &c. to books and papers in the recorder's office, relating to land claims, and be corder's office, &c., permitted to take copies or such extracts therefrom, or any of copies, &c. them, as he may think proper and necessary for the discharge of his duty in executing such surveys. And the said 25 cents to the rerecorder shall be allowed twenty-five cents for the descrip- scription of each tion of each tract which he shall furnish to the principal deputy surveyor as aforesaid.

and may take

corder for the de

tract, &c.

lands in the Terri

being actual set

1812, to deliver

recorder.

to be recorded, &c.

SEC. 7. And be it further enacted, That every person or Persons claiming persons claiming lands in the Territory of Missouri, who are tory of Missouri, actual settlers on the lands which they claim, and whose ers, whose claims claims have not been heretofore filed with the recorder of have not been filed, &c. allowed land titles for the said Territory, shall be allowed until the until the 1st Dec. first day of December next to deliver notices, in writing, notices, &c. to the and the written evidences of their claims, to the said recorder; and the notices and evidences, so delivered within The notices, &c. the time limited by this act, shall be recorded in the same manner and on payment of the same fees as if the same had been delivered before the first day of July, one thousand eight hundred and eight; but the rights of such persons as The rights of pershall neglect so doing within the time limited by this act deliver notices, &c. shall, so far as they are derived from or founded on any act of Congress, ever after be barred and become void, and the evidences of their claims never after admitted as evidence, in any court of the United States, against any grant derived from the United States."

sons neglecting to

to become void,&c.

*See chap. 153.*

the same powers,

claims filed, &c.

missioners had by

make a report of

SEC. 8. And be it further enacted, That the said recorder The recorder of of land titles shall have the same powers, and perform the land titles to have same duties, in relation to the claims thus filed before the &c. in relation to first day of December next, and the claims which have been as the board of com heretofore filed, but not decided on by the commissioners, former laws, &c., as the board of commissioners had, by former laws, respect- except, &c. ing claims, filed prior to the first day of July, one thousand eight hundred and eight, except that all of his decisions shall be subject to the revision of Congress. And it shall be the The recorder to duty of the said recorder to make to the Commissioner of all the claims filed, the General Land Office a report of all the claims which to the Com shall be thus filed before the first day of December next, and General Land Of of the claims which have been already filed, but not decided on by the said commissioners, together with the substance of the evidence in support thereof, with his opinion, and such remarks as he may think proper; which report, together with The report, and a a list of the claims which, in the opinion of the said recorder, &c. to be laid be ought to be confirmed, shall be laid by the Commissioner of fore Congress, &c. the General Land Office before Congress, at their next session, for their determination thereon. The said recorder, in The recorder aladdition to his salary as fixed by law, shall be allowed fifty each clain filed,

missioner of the

fice, &c.

list of the claims,

lowed 50 cents for

and a further sum

in addition, &c., cents for each claim which has been filed, but not decided of $500 after his re- on by the commissioners, or which shall be filed according full, including to this act, and on which he shall make a decision, whether

port, &c., to be in

clerk hire.

such decision be in favor of or against the claim; and a further allowance of five hundred dollars, which shall be paid after he shall have made his report to the Commissioner of the General Land Office; which allowance of fifty cents for each claim decided on, and five hundred dollars on the completion of the business, shall be in full compensation for his services, including clerk hire, respecting the claims to be decided on according to this act.

Approved, June 13, 1812.

[See Part II, Nos. 828, 836, 837, 842, 855, 884, 933, 945, 946, 958.]

to appoint three

act with commis

ginia.

CHAP. 141.-An act to ascertain the western boundary of the tract reserved for satisfying the military bounties allowed to the officers and soldiers of the Virginia line on continental establishment.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asThe President, etc. sembled, That the President of the United States shall be, commissioners, to and he is hereby, authorized, by and with the advice and sioners to be ap. consent of the Senate, to appoint three commissioners on the pointed by Vír- part of the United States, to act with such commissioners as The commission may be appointed by the State of Virginia: and the commisers empowered to sioners thus appointed shall have full power and authority westwardly bound to ascertain, survey, and mark, according to the true intent ginia reservation, and meaning of the condition touching the military reservation, in the deed of cession from the State of Virginia to the United States,* of the land northwest of the river Ohio, the westwardly boundary line of said reservation, between the Little Miami and Scioto rivers.

ascertain, etc. the

ary line of the Vir

etc.

*See appendix

No. 1.

The commission

States to meet at

of October, 1812,

SEC. 2. And be it further enacted, That the commissioners of the United ers appointed by the United States shall meet at Xenia, in Xenia on the 5th the State of Ohio, on the fifth day of October next, for the unless, etc., and if purpose of ascertaining the said line, unless otherwise didays by the com- rected by the President of the United States; and in case ginia, to proceed they shall not be met by commissioners appointed on the boundary line, etc. part of the State of Virginia, within six days after the said

not met within six

missioners of Vir

Lo survey the

line, its intersec

fifth day of October next, the commissioners appointed on the part of the United States shall proceed to ascertain, survey, and distinctly mark, the said boundary line, according to the true intent and meaning of the said act of cession; in In measuring the measuring the said line, whether accompanied by the comtions with former missioners on the part of Virginia or not, or in case of disaand watercourses, greement, they shall note the intersections, if any, of said line, etc. to be noted, with any surveys heretofore authorized by the United States, all watercourses, the quality of the land over which the line passes, and any other matter which, in their opinion, requires notice. The said commissioners shall make a plat of

authorized surveys

etc.

ers to make a plat,

to the Commission

Land Office, witha

said line, its intersections, with notes and references, which The commission. shall be signed and returned by the said commissioners to etc., to be returned the Commissioner of the General Land Office, accompanied er of the General by a written report, on or before the fifth day of January written report, etc. next, unless the time of meeting shall have been prolonged and before Con by the President of the United States, who shall lay copies gress, etc. of the same before both Houses of Congress at their next ses

sion.

and copies to be

ers empowered to

surveyor, who is to

lowed 4

SEC. 3. And be it further enacted, That the commission- The commissioners aforesaid shall have power to engage a skilful surveyor, employ a skilful who shall employ chain-carriers and a marker, and shall be employ chain-carallowed four dollars for every mile actually surveyed and dollars for marked, under direction of the said commissioners, in every mile, etc. performance of the duties assigned them; and the commission- The commission ers appointed on the part of the United States shall each receive five dollars for each day he shall be necessarily employed in performance of the duties required of them by this act; which compensation to the surveyor and commissioners shall be paid out of any moneys in the Treasury not otherwise appropriated by law.

ers on the part of

the United States

to receive 5 dollars per day, each, etc.

ary line

designated by the

SEC. 4. And be it further enacted, That until the west- Until the boundwardly boundary line of the said reservation shall be finally is estab established, by the agreement and consent of the United etc., the boundary States and the State of Virginia, the boundary line designa- act mentioned to ted by an act of Congress passed on the twenty-third day of proper one, etc. March, one thousand eight hundred and four,* shall be con- *See chap. 68. sidered and held as the proper boundary line of the afore

said reservation.

be held as the

State to transmit a

SEC. 5. And be it further enacted, That it shall be the The Secretary of duty of the Secretary of State to transmit an authenticated copy of this act copy of this act to the Governor of Virginia within twenty days after its passage.

Approved, June 26, 1812.

[See Part II, Nos 35, 43, 134, 136, 137.]

within 20 days, etc.

CHAP. 142.-An act confirming claims to lands in the Mississippi Territory, founded on warrants of survey granted by the British or Spanish Government.

ing lands in the

tory, by virtue of a

ed prior to the 27th

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person, and the legal representative of Persons, etc.claim every person, claiming lands in the Mississippi Territory, Mississippi Terriby virtue of a British or Spanish warrant or order of survey, British or Spanish granted prior to the twenty-seventh day of October, one warrant, etc grantthousand seven hundred and ninety-five, who were, on that day of Oct. 1795, day, actually resident in the said Territory, and whose claims actually resident, have been regularly filed with the proper register of the land claims have been office east and west of Pearl river, according to law, and re-confirmed in their ported to Congress agreeably to the fourth section of the rights. act entitled "An act concerning the sale of the lands of the

and, on that day,

etc., and whose

filed, reported,etc.,