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act, of the State of Georgia, passed January seventh, seventeen hundred and ninety-five, shall neglect or refuse to compromise and make settlement of all such claim or claims, in conformity with the provisions of this act, the United States shall be, and hereby are declared to be, exonerated and discharged from all such claim or claims, and the same shall be forever barred; and no evidence of any such claim or claims shall be admitted to be pleaded, or allowed to be given in evidence, in any court whatever, against any grant derived from the United States.

Approved, March 31, 1814.

[See Part II, No. 109.]

claiming lands in

of Missouri, by

complete French

etc. prior to the

for lands in the

leans, or before the

ing within the

souri, where the

resident, etc. and

been filed, etc. confirmed, etc.

CHAP. 162.-An act for the final adjustment of land titles in the State of Louisiana and Territory of Missouri.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asPersons, etc. sembled, That every person or persons, or the legal reprethe State of Loui- sentatives of any person or persons, claiming lands in the siana, or Territory State of Louisiana, or the Territory of Missouri, by virtue virtue of any in of any incomplete French or Spanish grant or concession, or or Spanish grant, any warrant or order of survey, which was granted prior to 20th of Dec. 1803, the twentieth of December, one thousand eight hundred and Territory of Or three, for lands lying within that part of the State of Louisi10th of March, ana which composed the late Territory of Orleans, or which 1804, for lands ly, was granted for lands lying within the Territory of Missouri, Territory of Mis- before the tenth day of March, one thousand eight hundred claimants were and four, and where the claimant, or the person under whom whose claims have he claims, were resident in the province of Louisiana at the respective times aforesaid, or at the time the said concession, warrant, or order of survey, was granted, and whose claims have been filed with the proper register or recorder of land titles according to law, and are embraced in the report of the commissioners, or register, or recorder, for the district within which the lands claimed do lie, in every case where it shall appear, by the said report of the commissioners, register, or recorder, that the concession, warrant, or order of survey, under which the claim is made, contains a special location, or had been actually located or surveyed, within the late Territory of Orleans, before the twentieth day of December, one thousand eight hundred and three, or actually located or surveyed, within the Territory of Missouri, before the tenth day of March, one thousand eight hundred and four, by a surveyor duly authorized by the Government making such grant, such persons shall be, and they are hereby, confirmed in their Proviso; no claim claims: Provided, That no claim shall be confirmed by this adjudged to be section which shall have been adjudged, by either of the boards of commissioners, or a register, or receiver of public moneys, or a recorder acting as such, to be antedated or

to be confirmed if

fraudulent.

a greater quantity

otherwise fraudulent; nor any one to claim a greater quan- No one to claim tity of land than the number of acres contained in one league than one league square, nor the claim of any person, in his own right, who square, etc. has received, in his own right, a donation grant from the United States, in said State or Territory: And provided, also, That no confirmation made by this section shall affect the Proviso; no confir rights of any person claiming the same lands, or any part tion to affect the thereof, whose claim has been confirmed by a board of com- claiming the same missioners for ascertaining and adjusting claims to land in preclude a judicial said State or Territory, nor preclude a judicial decision be- decision, etc. tween private claimants in such interfering claims.

mation by this sec

rights of persons

lands, etc., nor to

lands, etc. by right

former laws, whose

any of the boards,

confirmed because

inhabited, etc. con

other respect the to the limitations,

said etc.

land offices etc.,

entered, etc. where

been surveyed, to

SEC. 2. And be it further enacted, That every person or Persons claiming persons claiming lands in the said State or Territory, by right of donation under of donation under any former laws, whose claims are con- claims are contain tained in the report of any of the boards of commissioners, ed in the reports of or the report of the register and receiver of public moneys, etc. etc. and not or of the recorder of land titles, made, or hereafter to be the tracts were not made, under existing laws, and which claims shall appear by firmed, etc. the said reports not to have been confirmed, merely because the tracts claimed were not inhabited on the twentieth of December, one thousand eight hundred and three, such person or persons shall be, and they are hereby, confirmed in their respective claims: Provided, That in every other re- Proviso, in every spect such claims shall be embraced by the provisions, and claims to conform conform to the limitations and restrictions, prescribed by etc. of former laws, former laws for granting the right of donations in the State and Territory. SEC. 3. And be it further enacted, That it shall be the duty The registers of the of the several registers of the land offices, and of the re- with whom the corder of land titles, in the State or Territory aforesaid, with claims have been whom the claims in their respective districts have been en- the land has not tered, which are confirmed by this act, in all cases where the make out an order land has not been surveyed according to law, to make out, tract confirmed, for the principal deputy surveyor of the district in which the with a proper de land lies, an order of survey for each tract of land confirmed under this act, with a proper description of the tracts to be surveyed, wherein the quantity, locality, boundaries, and connexion, when practicable, with each other, and the tracts which have been heretofore confirmed, shall be stated; and on the return of on the return of the plat of survey, or where an order of sur- or, etc. the register, vey is not necessary, the said register or recorder of land on application, a titles shall, on application for that purpose, make out, for each certificate of conclaimant entitled thereto by the provisions of this act, a certificate of confirmation, directed to the Commissioner of the General Land Office; and if [it] shall appear, to the satisfaction of said Commissioner, that such certificate shall have been. fairly obtained, according to the true intent and meaning of this act, then and in that case patents shall be granted in like Patents to be granmanner as is provided by law for the other lands of the United Led, etc. States. And the said register or recorder shall be entitled Fees to the register to receive, from the person applying therefor, where he shall or recorder, etc. have previously issued an order of survey, for such order of

of survey for each

scription, etc.

the plat of survey,

etc. to make out,

firmation, etc.

The principal deputy surveyor, etc.

tracts of land con

received.

survey and certificate, the sum of one dollar and fifty cents, and for each certificate, without an order of survey, the sum of one dollar.

SEC. 4. And be it further enacted, That it shall be the to survey, etc. the duty of the principal deputy surveyor, on receiving an order firmed by this act, of survey from the register or recorder of land titles, and the the fees being first surveying fees from the claimant, which shall not exceed three dollars for every mile to be surveyed and marked, to survey or cause to be surveyed, under the direction of the surveyor general, or surveyor of the lands south of the State of Tennessee, the several tracts of land confirmed by this The principal dep act; and the said principal deputy surveyor shall make remake return of the turn of the surveys, in separate plats, to the register or rerate plats, to the corder of the district within which the land lies, and also register, etc. of the transmit to the surveyor general, or surveyor of the lands mit a plat to the south of the State of Tennessee, as the case may be, a plat or plats of the surveys directed to be made by this section, who shall, respectively, transmit copies thereof to the Commissioner of the General Land Office.(1)

uty surveyor to

surveys, in sepa

district, and trans

surveyor general,

etc.

Persons, etc. who have actually in

vated a tract of

or Territory of

fully claimed by

etc. entitled to the

SEC. 5. And be it further enacted, That every person, habited and culti and the legal representatives of every person, who has actuland in the State ally inhabited and cultivated a tract of land lying in that part of Louisiana, etc. of the State of Louisiana which composed the late Territory Missouri, not right of Orleans, or in the Territory of Missouri, which tract is any other person, not rightfully claimed by any other person, and who shall not right of pre-emp- have removed from said State or Territory, shall be entitled to the right of pre-emption in the purchase thereof, under the same restrictions, conditions, provisions, and regulations, in every respect, as is directed by the act entitled "An act giving the right of pre-emption in the purchase of lands to certain settlers in the Illinois Territory,"* passed February fifth, one thousand eight hundred and thirteen.

tion, etc.

*Ante, ch. 149.

Approved, April 12, 1814.

(1) See Part II, Nos. 15, 42, 56, 57, 58, 59, 60, 64, 72, 77, 88, 93, 260. [See Part II, Nos. 19, 20, 22, 111, 243, 244, 247, 261, 286, 293, 309, 478, 496, 564, 600, 678, 680, 685, 695, 696, 817, 820, 822, 826, 827, 829, 831, 839, 840.]

†See amendatory CHAP. 163.—An act confirming certain claims to land in the Illinois Territory,

act, etc. of 27th

Feb. 1815, chap. 176.

missioners ap

such decisions

and providing for their location.†

SEC. 1. Be it enacted by the Senate and House of RepreThe decisions sentatives of the United States of America in Congress asmade by the com- sembled, That the decisions made by the commissioners, (apPuance of the act pointed in pursuance of the act entitled "An act for the rementioned, where vision of former confirmations, and for confirming certain were in favor, etc. claims to land in the district of Kaskaskia," passed the report to the Sec- twentieth day of February, one thousand eight hundred and rray of the 4th twelve,) where such decisions were in favor of the claims, Jan. 1813, confirm and where the commissioners have reported specially, and Ante, chap. 123. have not rejected the claims; all such claims, as entered in

as entered in the

retary of the Trea

ed.

their report to the Secretary of the Treasury bearing date the fourth day of January, one thousand eight hundred and thirteen, shall be, and the same are hereby, confirmed.

tained in a list

Secretary of the

confirmed.

son who has rea militia

SEC. 2. And be it further enacted, That all the claims All the claims concontained in a list transmitted to the Secretary of the Treas- transmitted to the ury by Michael Jones, one of the commissioners aforesaid, Treasury, by Mibearing date the eighteenth day of January, one thousand chael Jones, etc. eight hundred and thirteen, shall be, and the same hereby are, confirmed: Provided, That any person who may have Proviso; any perreceived a militia right shall not receive, in addition thereto, ceived more than three hundred acres of land by virtue of this sec- right, not to retion; and it shall be the duty of the Commissioner of the more than 300 General Land Office to enter the list aforesaid of record in his office: And provided, also, That nothing in this act shall Proviso; nothing in prevent or bar a judicial decision between persons claiming a judicial decision, the same original title or claim.

ceive, in addition,

acres, etc.

this act to prevent

etc.

within the bounda

apart to satisfy the

within the Illinois

fore confirmed to

SEC. 3. And be it further enacted, That all that tract of The tract of land land included within the following boundary, viz: beginning ry described, set at the township line nearest to and above the mouth of Big unlocated claims Muddy river, on the Mississippi river; thence, east, to the of persons to land meridian line running from the mouth of the Ohio river; Territory, heretothence, north, with the said meridian line, to the north bound- them, etc. ary line of township number five, north; thence, west, to the Mississippi river; thence, down the same, to the beginning; shall be, and the same hereby is, reserved and set apart to satisfy the unlocated claims of persons to land within the Illinois Territory, confirmed to them heretofore or by this

act.

within the tract re

proved the land

1813, etc., entitled

chaser not to enter

nor more than one,

the Persons claiming lo- pre-emption under au- deliver to the re

SEC. 4. And be it further enacted, That any person or per- Persons residing sons residing within the tract reserved by this act, and who served, etc., who had actually cultivated or improved any tract of land there- had actually imin, before the fifth day of February, one thousand eight hun- before the 5th Feb. dred and thirteen, not rightfully claimed by any other person, to pre-emption,etc. shall be entitled to a pre-emption in the purchase of such tract of land, including the improvement: Provided, That Proviso; the purthe purchaser shall not enter less than one quarter section or less than a quarter, more than one section. And any person claiming a pre- section. emption in the purchase under this act, who may be owner of any unlocated confirmed claim which may be cated within the tract aforesaid, shall be, and is hereby, thorized to deliver to the receiver of public money, for the money, etc. district within which the land lies, the evidences of his or which shall be retheir claim, which shall be received as payment for the quan- etc. tity of land such person or persons would have been entitled to locate by virtue thereof; and in all cases where the land purchased shall not be completely paid for by the evidences of confirmed claims, the residue of the land shall be paid for at the same price, in the same manner, under the same restrictions, and liable to the same forfeiture, as other public lands sold at private sale.(1)

(1) See Part II, Nos. 15, 42, 56, 57, 58, 60, 64, 72, 77, 88, 93, 222, 223, 244, 245, 260.

this act, etc. may ceiver of public the evidences of claim,

ceived as paym'nt,

The register of the

land office for the

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SEC. 5. And be it further enacted, That it shall be the district of Kaskas duty of the register of the land office for the district of Kaskia to give notice, kaskia to give notice that all persons entitled to a pre-emption in the purchase of any tract of land by virtue of this act may make such purchase, on application to him at his office, Persons failing or on or before the first day of October next; and any person the land, on or be failing or refusing to enter with the register of the land office for the 1st Oct; the land by such person improved, on or before the first day of pre-emption. of October next, shall lose the right of pre-emption given by

refusing to enter

1814, lose the right

After the 1st Oct. 1814, the owners of unlocated confirmed claims may

kaskia district,

quarter sec. more,

dence of their

etc.

this act.

SEC. 6. And be it further enacted, That, after the first day of October next, it shall be lawful for any person or persons, enter, with the re being the owner of any unlocated confirmed claim, to enter, of the as with the register of the land office for the Kaskaskia district, not exceeding one any quantity of land within the reserved tract aforesaid, not etc., and the evi exceeding one quarter section more than the quantity of acres claims to be re- contained in his claim or claims, and to deliver, to the received in paym'nt, ceiver of public money, the evidence of his claim, which shall be received in payment for the number of acres specified therein; and the residue of the land thus entered, which may exceed the amount of confirmed claims thus paid in, shall be paid for at the same price and in like manner as the other public lands of the United States sold at private If two or more per- sale. And if two or more persons shall make applications, same time, to enter at the same time, to enter the same tract or tracts of land, priority to be de- the priority of right to enter shall be decided by lot, in the presence of the register of the land office; and any person Persons failing or or persons failing or refusing to enter or locate his claim their claims, etc. within the reserved tract aforesaid, according to the provisMay, 1815, to for- ions of this act, on or before the first day of May, one thoufeit all right or sand eight hundred and fifteen, shall forfeit all right or claim against the United States, derived from confirmations under this act or any former law.

sons apply at the

the same tract, the

cided by lot, etc.

refusing to enter

on or before the 1st

claim, etc.

The register for
Kaskaskia district

cates of confirma

tion, etc.

specify the quantity of land, etc.

SEC. 7. And be it further enacted, That it shall be the to make out certifi- duty of the register of the land office for the Kaskaskia district to make out a certificate of confirmation to each person whose claim or claims are confirmed by this act, or by any The certificate to former law, within the Territory of Illinois; and such certificate shall specify the quantity of land confirmed to the holder thereof, and shall be sufficient evidence of claim, within the meaning of this act, to entitle the owner or holder thereof to a credit, with the receiver of public moneys, for the quantity of land mentioned in such certificate, within the 75 cents to the re- reserved tract aforesaid; and the register of the land office shall receive the sum of seventy-five cents from the person demanding and receiving such certificate.

gister for each certificate.

Patents to be obtained, etc. as pro

other public lands.

SEC. 8. And be it further enacted, That patents shall be vided by law for obtained for lands entered under this act, in the reserved tract aforesaid, in the same manner and on the same terms as are provided by law for other public lands of the United States. Approved, April 16, 1814.

[See Part II, No. 660.]

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