CHAP. 296.-An act providing for a grant of land for the seat of Government in the Territory of Florida, and for other purposes. fractional section the Territory of SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be, and hereby is, granted to the Quarter section or Territory of Florida one entire quarter section of land, or frac- of land granted to tional section, not exceeding in quantity one quarter section, Florida, for the seat for the seat of Government in that Territory, to be located of Government. previously to the sale of the adjacent lands, under the authority of the Governor thereof, at the point selected for the permanent seat of Government for said Territory. to adopt such meas may deem expedi SEC. 2. And be it further enacted, That the Governor The Governor, &c. and Legislative Council of the Territory aforesaid, or a ma- ures for the sale of jority thereof, be, and they are hereby, authorized to adopt the land as they such measures as to them may seem expedient for the sale ent, as a fund, &c. of said tract of land, or any part thereof, for the purpose of raising a fund for the erection of public buildings at said seat of Government. ted by the Govern SEC. 3. And be it further enacted, That there shall be, Three entire quar and hereby are, reserved from sale three entire quarter sec- reserved and loca tions of lands of the United States, lying contiguous to and adjoining the quarter section granted by the first section of this act, to be located by the Governor of said Territory. veyor for Florida, until, &c., repeal. ed. SEC. 4. And be it further enacted, That so much of the So much of the act seventh section of the act of Congress of the third of March, as prevents the ap of 3d March, 1823, one thousand eight hundred and twenty-three, entitled "An pointment of a suract amending and supplementary to the act entitled An act to provide for the survey and disposal of the public lands in Florida,'" as prevents the appointment of a surveyor for Florida until the commissioners shall have decided and reported on the private claims in said Territory, be, and the same is hereby, repealed; and the eastern and western land Eastern and westdistricts in said Territory shall be divided and separated by to be divided. the Suwaney river, and not by the ancient line of division. between the provinces of East and West Florida, as prescribed by the eighth section of the act aforesaid. Approved, May 24, 1824. [See Part II, Nos. 611, 823, 830, 833, 850, 857, 864, 870, 872, 875, 878, 888, 891, 895, 896, 897, 934, 950, 957, 959.] ern land districts CHAP. 297.-An act supplementary to an act approved on the third day of March, one thousand eight hundred and nineteen, entitled "An act providing for the correction of errors in making entries of land at the land offices.' *Chapter 235. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where any mistake, in relation to the correct Anymistake which numbers of any tract of land, not exceeding in quantity one the person making half section, may have been heretofore made by any pur- tion to the correct has been made by the entry, in rela tract of land not section, on satisfac ing produced to the the General Land cause the entry to where, &c. *Chapter 253. numbers of any chaser of the public lands of the United States at private exceeding one half sale, and where one or more payments shall have been made tory evidence be by the person making the entry on any tract entered by Commissioner of mistake, and where such payment has not been forfeited, Office, he shall previously to the passing of this act, for a failure to combe changed, &c., plete the payments on such tract; and where the purchaser or purchasers may not, in relation to said tract, have in any way taken advantage of the provisions of the act of the second of March, eighteen hundred and twenty-one, entitled "An act for the relief of the purchasers of the public lands prior to the first day of July, eighteen hundred and twenty,”* or of the act supplementary thereto, or of the act continuing in force said supplementary act, and where the person or persons making the purchase has not, in any way, transferred his, her, or their right to the certificate of purchase, or the tract so purchased, and where no patent shall have issued for the tract so erroneously purchased; and, also, in all cases of an entry hereafter made of a tract of land not intended to be entered, by a mistake of the true numbers of the tract intended to be entered, where the tract thus erroneously entered does not in quantity exceed one half section; and where the certificate of the original purchaser or purchasers has not been assigned, or the right of the original purchaser or purchasers in any way transferred, and where six months from the time the entry shall have been made may not have elapsed, or the patent issued for the tract erroneously entered, the purchaser or purchasers, or, in case of his, her, or their death, the legal representatives (not being assignees or transferees) may, either in the cases of entry before or after the passing of this act, and in any case coming within its provisions, file his, her, or their own affidavit or affidavits, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the register and receiver of the land district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion or opinions, both as to [the] existence of the mistake and the credibility of each person testifying thereto, to the Commissioner of the General Land Office, who, if he be entirely satisfied [that] the mistake has been made, and that every reasonable precaution and exertion had been made to avoid it, shall be authorized to change the entry and transfer the payment from the tract erroneously entered to that intended to be entered, if unsold; but if sold, to any other tract liable to entry: Provided, Proviso ath of That the oath of the person or persons interested shall in no not sufficient, &c. case be deemed sufficient, in the absence of other corroborating testimony, to authorize any such change of entry: Proviso; right of And provided, also, That nothing herein contained shall affect the right of third persons. persons interested, third persons not affected SEC. 2. And be it further enacted, That either the regis act may be admin False swearing ter or receiver may administer all oaths to be made under Oaths under this the provisions of this act, and every person, knowingly, wil- istered by the refully, and corruptly, swearing falsely, on any oath adminis. gister or receiver. tered to him or her under the provisions of this act, shall, on punished as perjuindictment and conviction for such offence before any court having competent jurisdiction to try the same, suffer the pains and penalties of wilful and corrupt perjury. ry. receiver to receive oath, and 25 cents SEC. 3. And be it further enacted, That for every oath The register and administered under the provisions of this act, the register 25 cents for every and receiver shall be allowed the sum of twenty-five cents, car every hundred and twenty-five cents for every hundred words of the evi- words of the evidence received and transmitted to the Commissioner of the to the Land Office. General Land Office; to be paid by the party making the application for a change of entry. Approved, May 24, 1824. [See Part II, Nos. 40, 302, 324, 334, 368, 416, 420, 423, 455.] dence transmitted CHAP. 298.-An act changing the mode of surveying the public lands on any river, lake, bayou, or watercourse. Whenever the Pre parture from the would promote the in width, on any SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as. sembled, That whenever, in the opinion of the President of the United States, a departure from the ordinary mode of sident thinks a desurveying land on any river, lake, bayou, or watercourse, ordinary mode would promote the public interest, he may direct the sur- public interest, he be surveyed in veyor general in whose district such land is situated, and may cause lands to where the change is intended to be made, under such rules tracts of two acres and regulations as the President may prescribe, to cause the river, bayou, &c. lands thus situated to be surveyed in tracts of two acres in width, fronting on any river, bayou, lake, or watercourse, and running back the depth of forty acres; which tracts of land, so surveyed, shall be offered for sale entire, instead of fered for sale enin half-quarter sections, and in the usual manner, and on the same terms, in all respects, as the other public lands of the United States. Approved, May 24, 1824. [See Part II, Nos. 395, 521, 822, 826, 827, 829, 831, 839, 840, 904, 905, 912, 970.] CHAP. 299.-An act for the relief of the representatives of John Donnelson, Stephen Heard, and others. The tracts to be of tire. Donnelson and oth thousand acres of SEC. 1. Be it enacted by the Senate and House of Repre- The heirs of John sentatives of the United States of America in Congress as- ers, to enter five serabled, That the heirs and representatives of John Don- land in any land nelson, Stephen Heard, William Downs, Joseph Martin, office in Mississip John Sevier, and Thomas Carr, or their heirs and repre- amount of a grant sentatives, respectively, be, and they are hereby, authorized 1796. from Georgia, in to be satisfied out and empowered, severally, to enter, under the direction of the Secretary of the Treasury, five thousand acres of land, at any time within two years from the passing of this act, in any land office in either of the States of Mississippi or Alabama; being the amount of a grant made to them by a resolution of the Legislature of the State of Georgia, in the year one thousand seven hundred and eighty-six: Provided, Proviso; the claim That the said claim shall be satisfied out of the five millions of the 5,000,000 of of acres of land set apart by the act of Congress of the third of March, one thousand eight hundred and three, pursuant to the articles of agreement and cession between the State *Appendix No 3. of Georgia and the United States, entered into on the twenty-fourth day of April, one thousand eight hundred and Proviso; accept two: Provided, also, That the acceptance of the grant discharge of fur hereby made shall be a discharge of all further claims against the United States by the persons herein named, or their heirs or legal representatives, under the said resolution of the Legislature of the State of Georgia. acres set apart, &c. ance of the grant a ther claims. No entry, except, &c. and none for section. SEC. 2. And be it further enacted, That said claims shall less than a quarter not be located or entered on any lands, except those which may have been, previously to the making of said entry, offered at public sale, nor upon any lands forfeited or relinquished to the United States; nor shall any entry be made. Provis; not to pre. for a less quantity than a quarter section: Provided, Nothing herein contained shall prevent the entry of any fraction. Approved, May 24, 1824. vent the entry of a fraction. legal representa of pre-emption in Arkansas, of April, 1814, au with the register in Lawrence dis trict, any tract therein. CHAP. 300.-An act concerning pre-emption rights in the Territory of Ar kansas. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as Any person, or his sembled, That every person, and the legal representative tive, who was en- of every person, who was entitled to the right of pre-emptitled to the right tion in the Territory of Arkansas, under the provisions of the Territory of the act of Congress of the twelfth of April, one thousand eight the act of the 12th hundred and fourteen, entitled "An act for the final adjustthorized to enter ment of land titles in the State of Louisiana and Territory of the land office of Missouri," in that tract of country north of the river Arkansas ceded by the United States to the Cherokee nation of Indians on the eighth day of July, one thousand eight hundred and seventeen, be, and they are hereby, authorized, in lieu thereof, and in full compensation for such right of pre-emption, to enter with the register of the land office in the district of Lawrence, in said Territory, any tract within said district on which they may have made improvements previously to the passing of this act, on any unimproved tract within said district, the sale of which is authorized by law Provided, That no more than one quarter than a quarter sec section of land shall be sold to any one individual in virtue of this act and the same shall be bounded by the sectional Proviso; not more and divisional lines run, or to be run, under the direction of tion to an individ. the surveyor of the United States lands for the States of Missouri and Illinois and Territory of Arkansas. ual. in becoming a pur land, in virtue of a notice, in writing, the land office for such notice. tion at the minimum price. SEC. 2. And be it further enacted, That every person Every person claiclaiming a preference in becoming the purchaser of a tract of ming a preference land in virtue of this act shall deliver a notice, in writing, to chaser of a tract of the register of the land office for said district, stating therein this act, to deliver that he was entitled to a pre-emption right, under the aforesaid to the register of act of Congress, in that part of the Territory of Arkansas said district. ceded as aforesaid, and also particularly designating therein the quarter section he is desirous to enter, which notice the register shall file in his office; and in every case where it The register to file shall be proved, to the satisfaction of the register and receiver of public moneys of the land office aforesaid, that any person who has delivered such notice was entitled to a pre-emp- Right to pre-emp tion right, under said act of Congress, in that part of the Territory of Arkansas ceded as aforesaid, shall have a right to enter with the register of said land office, at the minimum price for which United States lands are sold, the tract of land designated in said notice, on producing his receipt from the receiver of public moneys for the purchase-money of said tract, as in case of other public lands sold at private sale; and as a compensation for their services, the register Compensation and receiver shall each be entitled to one dollar in every ceiver. such case, to be paid by the claimant of such pre-emption right: Provided, That every such entry and payment shall Proviso; as to time be made at least two weeks previous to the time of offering ment. the adjacent lands at public sale, unless the same be entered in such part of said district as shall have been offered at public sale at the time of the passage of this act; in which case, such entry shall be made within two years from the passage thereof. Approved, May 26, 1824. [See Part II, Nos. 15, 25, 42, 56, 57, 58, 60, 64, 72, 77, 88, 93, 600.] register to and re of entry and pay. CHAP. 301.-An act granting donations of land to certain actual settlers in the ers for ascertaining Florida, authorized all claims present SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as- The commission. sembled, That the commissioners for ascertaining titles and titles to lands in claims to lands in Florida be, and they are hereby, autho- and required to rerized and required, within their respective districts, and in ceive and examine addition to their former duties, to receive and examine all to them within their claims that may be presented to them, and the evidence in by heads of fami support of each of such claims, founded on habitation and cultivation of any tract of land, town or city lot, or cut-lot, by any person, being the head of a family and twenty-one respective districts lies, &c. who, on inhabited and cul the 22d Feb. 1819, ivated, &c. |