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ing of this act to complete their surveys and obtain their patents for the land located as aforesaid: Provided, That surveys shall be made and patents granted, on the aforesaid locations, under the same regulations, restrictions, and provisions, in every respect, as were prescribed for the making of surveys and granting of patents by the act entitled "An act authorizing patents to issue for lands located and surveyed by virtue of certain Virginia resolution warrants,' passed on the third day of March, one thousand eight hundred and seven.

Approved, February 22, 1815.

[See Part II, Nos. 2, 37, 43, 108, 113, 114, 115, 116, 121, 236, 237.]

>>* Ante, chap. 89.

CHAP. 176.-An act to amend and extend the provisions of the act of the sixteenth of April, one thousand eight hundred and fourteen, entitled "An act confirming certain claims to land in the Illinois Territory, and providing for their location."t

+See original act,

ante, chap. 163.

dary of the tract

claims to land in

confirming certain

the Illinois, &c. extended to the

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the western boundary of the tract of country The western bounset apart by the act of the sixteenth of April, one thousand set apart by the act eight hundred and fourteen, entitled "An act confirming certain claims to land in the Illinois Territory, and providing for their location," be extended upon the river Mississippi, to the middle thereof, so as to include all islands in said river, between the middle and eastern margin, throughout the length of said line; and that all or any of the said islands shall be subject to be appropriated under the said recited act.

middle of the Mis

sissippi, &c.
*Ante, chap. 163.

tained in the 4th

so far, &c.

fractions of

sec

to all the rights

sons settled, etc.

take less than the

SEC. 2. And be it further enacted, That the proviso con- The proviso contained in the fourth section of the before-recited act be re- sec. of the act repealed, so far as it regards persons settled on fractions of ferred to, repealed, sections, or quarter sections containing less than one hundred and sixty acres; and that such persons, under the like cir- Persons settled on cumstances, shall be considered as entitled to all the rights, tions, &c. entitled benefits, and advantages, specified in the said fourth section, specified, &c. as those settled on sections or quarter sections, and also to Proviso; the perany right, privilege, or advantage, secured by this act: Pro- not permitted to vided, however, That such persons shall not be permitted, in whole of the frac such cases, to take less than the whole quantity of such frac- tional quarter sectional quarter section on which they are respectively settled.§ $See chap. 188, SEC. 3. And be it further enacted, That every person or Persons who settled on and impersons who settled on and improve any of the lands in the prove any of the said Territory, reserved for the use of schools or seminaries lands in the Illinois Territory, reof learning, before the fifth day of February, one thousand served for schools, eight hundred and thirteen, and who would have had the Feb. 1813, and who, right of pre-emption thereto had not the same been reserved as aforesaid, shall be entitled to the pre-emption of the like quantity of other land, upon the same terms and under the same restrictions provided by the fourth section of the said

tion, &c.

section 3.

&c. before the 5th

&c. entitled to the

pre-emption of the like quantity of other land, upon

the

&c.

same terms,

Persons entitled to

the pre-emption of

referred to, who
failed 10
their claims, etc.

emption of the

recited act, to be located on any lands within the boundary specified in this and the said recited act, not otherwise appropriated; and such persons shall also be entitled to the benefit of and subject to the restrictions contained in this act. SEC. 4. And be it further enacted, That all and every lands, under the person or persons entitled to the pre-emption of lands, under 4th sec. of tre act the fourth section of the before-recited act,* who failed to locate locate their claims within the time limited in said act, and which lands entitled to the pre- have been appropriated by others, shall be entitled to the like quantity, &c. pre-emption of the like quantity as they could have appro*Ante, chap. 163 priated under the said act, or under the provisions of this act, to be located on any land within the boundary specified in this and the said recited act, not previously appropriated. Persons entitled to SEC. 5. And be it further enacted, That all and every this act, to con person or persons, entitled to the pre-emption of lands under visions of the act the provisions of this act, shall conform to and be governed referred to, except, by the rules prescribed in the said recited act, in locating, Ante, chap. 163. proving, and completing their titles, respectively, except in cases where the same is changed by this act.

pre-emption under

form to the pro

&c.

The register for the district of Kaskaskia to give no. tice, &c.

SEC. 6. And be it further enacted, That it shall be the duty of the register of the land office for the district of Kaskaskia to give notice, by an advertisement inserted for one month in at least one newspaper published in the said Territory, to all persons entitled to a pre-emption in the purchase of any tract of land, by virtue of this or the beforerecited act, that they may make such purchase, on application to him at his office, on or before the first day of May, in the year one thousand eight hundred and sixteen; and every Persons failing or person failing or refusing to enter, with the said register, the the land with the land to which the right of pre-emption is so secured, notice being given as before mentioned, within the time aforesaid, shall lose his, her, or their, right of pre-emption.

refusing to enter

register, lose their right, &c.

The locations of any confirmed

confirmed.

SEC. 7. And be it further enacted, That the locations of claim, made, &c. any confirmed claim, made by virtue of any authority given by the commissioners appointed to examine the claims of persons to land in the Illinois Territory, shall be, and the same Proviso; the provi are hereby, confirmed: Provided, That the provisions of this not to extend to lo section shall not be so construed as to extend to any locaout authority from tions made by any person or persons without any authority the commissioners, from the commissioners aforesaid; nor shall it affect the any other

sions of this section

cations made with

nor, &c.

receiver at Kaskas

on

confirmed

eys for lands sold,

claims of

person or persons.

The register and SEC. 8. And be it further enacted, That the register and kia allowed the receiver of public moneys of the land office at Kaskaskia same commission shall be allowed the same commission, respectively, on the claims as on mon confirmed claims, which have been or shall be received in payment for land entered at the said office, as they are now entitled to on moneys received in payment for lands sold, calculating the value of the confirmed claims at the rate of two dollars per acre.

&c.

[blocks in formation]

Approved, February 27, 1815.

[See Part II, Nos. 15, 42, 56, 57, 58, 60, 64, 72, 77, 88, 93, 223, 244, 245.]

cause the boundted by the treaty

dians, etc. to be

CHAP. 177.-An act to provide for the ascertaining and surveying of the boundary lines fixed by the treaty with the Creek Indians, and for other purposes. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he The President to is hereby, authorized to cause to be ascertained and survey- ary line designaed the boundary line designated by the treaty with the Creek with the Creek Innation of Indians concluded on the ninth day of August, one surveyed, &c. thousand eight hundred and fourteen, and that the same be distinctly marked, in all such places, except where watercourses are described, as the boundary by the said treaty; and for this purpose the President of the United States shall The President, &c. to appoint three have power to appoint, by and with the advice and consent commissioners, to of the Senate, three commissioners, whose compensation of 8 dolls. per day, shall not exceed, exclusive of travelling expenses, the rate of eight dollars per day, during the time of actual service of such commissioner in ascertaining and surveying the said boundary line; they shall have power to employ a skil- A surveyor, chainful surveyor, who shall be allowed five dollars per day, and two chain-men and a marker, who shall each be allowed two dollars per day, in full for their services.

receive at the rate

exclusive, &c.

men, &c.

commissioners to make three

&c.

SEC. 2. And be it further enacted, That the said commis- The sioners, on completing the ascertainment and survey afore- plats of the survey, said, shall make out three accurate plats of the survey of the said boundary line, one of which they shall transmit to the Secretary of State, one to the surveyor of the lands south of the State of Tennessee, and the other to the chiefs of the Creek nation of Indians.

into a district, &c.

ceiver, &c.

SEC. 3. And be it further enacted, That all the public The lands formed lands of the United States to which the Indian title was extinguished by the aforesaid treaty shall be, and are hereby, formed into a land district; and for the disposal thereof a A land office, &c. land office shall be established, which shall be kept at such convenient place as the President of the United States may direct; and for the said land office a register and receiver A register and reof public moneys shall be appointed, who shall give security in the same manner, in the same sums, and whose compensation, emoluments, duties, and authority, shall in every respect be the same, in relation to the lands which shall be disposed of at their office, as are or may be provided by law in relation to the registers and receivers of public moneys in the several land offices established for the disposal of the other public lands of the United States.

the lands south

tend over the lands

SEC. 4. And be it further enacted, That the powers vested The powers vested by law in the surveyor of the lands of the United States in the surveyor of south of the State of Tennessee shall extend over all the of Tennessee to expublic lands of the United States to which the Indian title to which the In was extinguished by the aforesaid treaty, and the same shall tinguished by the be surveyed in the manner and for the same compensation as other public lands in the Mississippi Territory.

dian title was ex

Creek treaty, &c.

The President may

SEC. 5. And be it further enacted, That the President of direct the lands the United States is hereby authorized, whenever he shall surveyed, etc. to be

sold, &c.

the exceptions

est bidder, etc. at

President may de.

mation, &c.

Sales to
open three weeks,
&c.

think it proper, to direct so much of the public lands, lying in the said district, as shall have been surveyed in conformity The lands, with to this act, to be offered for sale. All such lands shall, with mentioned, to be the exception of the section numbered sixteen, which shall offered to the high; be reserved in each township for the support of schools withsuch time as the in the same, with exception also of one entire township, to signate by procla be located by the Secretary of the Treasury, for the use of a seminary of learning, and with the exception of any tracts of land reserved to the Indians by the said treaty, shall be offered to the highest bidder, under the direction of the register and receiver of public moneys of the said land office, on such day or days as shall, by a public proclamation of the President of the United States, be designated for that purremain pose. The public sales shall remain open for three weeks, and no longer; and the lands shall be sold for a price not Price, terms, &c. less than that which has been or may be fixed by law for the public lands in the Mississippi Territory; and shall, in every other respect, be sold in tracts of the same size, on the same terms and conditions, as have been or may be by law provided for the other public lands in the Mississippi 6 dolls. per day for Territory. The superintendents of the said public sales shall each superintend receive six dollars each, for each day's attendance on the Lands remaining said sales. All lands, other than those reserved as aforesaid, posed of at private and excepted as above mentioned, remaining unsold at the closing of the public sales, and which had been offered at the said sales, may be disposed of at private sale, by the register of the land office, in the same manner, under the same regulations, for the same price, and on the same terms and conditions, as are or may be provided by law for the sale of the other public lands of the United States in the Mississippi Territory. And patents shall be obtained for the lands sold in the said district in the same manner and on the same terms as for other public lands sold in the Mississippi Territory.

ent, &c.

unsold may be dis

sale, &c.

Patents, &c

The President may appoint the commissioners

during the recess, &c.

Not exceeding

SEC. 6. And be it further enacted, That the President of the United States shall have power to appoint any or all of the aforesaid commissioners during the recess of the Senate. SEC. 7. And be it further enacted, That a sum not expriate for carry ceeding twenty-five thousand dollars be, and the same is ing this act into ef hereby, appropriated, to be paid out of any moneys in the Treasury not otherwise appropriated, for the purpose of carrying this act into effect.

25,000 dolls. appro

fect.

Approved, March 3, 1815.

[See Part II, Nos. 64, 779, 784.]

*See orig. act, of 31st March, 1814; ante, chap. 161.

CHAP. 178.-An act further supplementary to an act entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory."

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SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

ers appointed by

cide, in a summa

quantity of land in

sembled, That the commissioners appointed by virtue of the The commissionact entitled "An act supplementary to an act entitled An virtue of the act act providing for the indemnification of certain claimants of mentioned, to depublic lands in the Mississippi Territory,'"* shall be, and ry way, upon the they are hereby, authorized to decide, in a summary way, any grant exhibitupon the quantity or boundary of land contained in any grant etc. according to or deed exhibited before them by any of the claimants of lands released to the United States, agreeably to said act, accord- Ante, chap. 171. ing to such maps, surveys, or other evidence, as now exist, or which they may be now able to procure, without requiring or permitting any other survey to be made.

ed by claimants,

existing evidence,

etc.

cept in cases mention'd, as sufficient

ecuted by the par

knowledged, etc.

SEC. 2. And be it further enacted, That the said commis- The commissionsioners shall be, and they are hereby, authorized to allow er to allow, exand receive, in all cases, except those where femmes cou-al releases, etc. vertes are parties, as sufficient legal releases, assignments, all instruments ex and powers, required by said act and the supplement there- ty, etc. and ac to, and as lawful conveyances, all such instruments as may be executed by the party, or his, her, or their attorney or attorneys, lawfully empowered, and either acknowledged by the party making the same, before some judge, or justice of the peace, notary public, mayor, recorder, or alderman of a corporation, or master in chancery, or one of the said commissioners, or proved by other evidence, to the satisfaction of the commissioners, to have been duly executed by the party.

lowed for perfect

signments, etc. de

SEC. 3. And be it further enacted, That the said commis- Further time alsioners shall be, and they are hereby, authorized, in all ing releases, ascases where the releases, assignments, and powers, required fectively drawn, by the act aforesaid, already presented, or which may be etc. presented on or before the third Monday in March instant, or powers of attorney by which said releases shall have been or shall be made, shall be, in the judgment of the commissioners aforesaid, defectively drawn or exccuted, to allow a further time, not exceeding two months, from and after the said third Monday in March instant, to perfect the same.

finally settle all

ed, etc. administer

oaths, compel wit

nesses, etc.

SEC. 4. And be it further enacted, That the said commis- The commissionsioners shall be, and they are hereby, authorized to admit ers to admit and and finally settle all such claims as have been or may be, within claims duly releas the time limited, duly released, assigned, and transferred, to the United States, any thing in the said original act, or any supplement thereto, to the contrary notwithstanding; and to administer oaths, or take affirmations, and to compel the attendance of witnesses, in all cases where necessary. SEC. 5. And be it further enacted, That the President of The President to the United States shall be, and he is hereby, authorized, from of stock to be issutime to time, to cause to be issued such certificates of stocked, from time to as are specified in the said original act and supplement thereto, whose claims have to such claimant or claimants, whose claim may be decided on and reported by the commissioners, on receiving such report, in relation to such claim, from the said commissioners. SEC. 6. And be it further enacted, That the releases, as- Releases, etc. signments, and powers, required by the act aforesaid, and secretary to

cause certificates

time, to claimants

been decided, etc.

be recorded by the

the

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