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claimant, with ori.
be defined, &c.
No person to be deemed an actual
in evidence a de deraignment of title from the original grantee or patentee, from the original but the exhibition of the original title papers, agreeably to grantee or paten- the fourth section of an act passed the eighth of May, eigh
teen hundred and twenty-two, entitled “ An act for ascertaining claims and title to lands within the Territory of
Florida,”* with the deed or devise, to the claimant, and the Deed or devise to office abstract or abstracts of the intermediate conveyances ginal title papers, for the last ten years preceding the surrender of Florida to
the United States; and, where they cannot be produced, their absence being satisfactorily accounted for, shall be sufficient
evidence of the right of the claimant or claimants to the land Proviso; claim to so claimed as against the United States: Provided, The claim
be defined in quantity, and the amount does not exceed the
quantity limited in the second section of the act which this
condi: is intended to extend: And provided, The conditions recomplied with. quired by the laws and ordinances of the Spanish Govern
ment, and the treaty between Spain and the United States, shall have been complied with.
Sec. 3. And be il further enacted, That no person shall setiler, within the be taken and deemed to be an actual settler, within the proprovisions of the visions of the “ Act amending, and supplementary to, an act 1823, unless he was for ascertaining claims and titles to land in the Territory of Livator of the land Florida,”ł passed on the third day of March, one thousand at the of the
eight hundred and twenty-three, unless such person, or those Chapter 21.
under whom he claims title, shall have been in the cultivation or occupation of the land at and before the period of the cession.
SEC. 4. And be it further enacted, That so much of the cenis per hundreu act of which this is an amendment as authorizes the secrewords, repealed. tary of said commissioners to demand and receive from the
claimants ten cents per hundred words for recording titles to land, be, and the same is hereby, repealed.
Sec. 5. And be it further enacted, That the former secreceived $1,250, re retaries, or those who may now be secretaries, to the said quired to pay over boards of commissioners, who shall have received their salary
demanded of one thousand two hundred and fifty dollars, from the and rec'd by them.
Treasury of the United States, which is, by law, declared to be their full compensation, shall be, and they are hereby, required to pay over, respectively, to the commissioners, conformable with the provisions of the original law, all such sees as have been demanded, and received by them, which shall be appropriated to defray the expenses of the commission.
SEC. 6. And be it further enacted, That so much of the
acts of which this is amendatory as makes void all claims Claims not filed be. not filed before the first day of December, one thousand ciglit fore the 1st of Dec. hundred and twenty-three, be, and the same is hereby, re
So much of the act
Secretaries of com.
So much of the acts of which this is amendatory, as makes void all
pealed ; and it shall be lawful for claims to be filed any time previous to the first day of September next; but all and every
claim not filed by that time shall be held and deemed void #Repealed. See and of none effect. I March, 1825, chap.
Sec. 7. And be it further enacted, That each of the com321, post.
missioners heretofore appointed, or who may hereafter be ap
Section 3, act of 3d
pointed, who has performed; and shall hereafter perform, the Each commission. duties assigned bim, shall receive, from the first Monday in per annum. February until the first day of January next, at the rate of two thousand dollars per annum, in full compensation for his services.
Approved, February 28, 1824.
(See Part II, No. 19.}
CHAP. 294.--An act to define the boundary line between the Edwardsville and
Springfield land districts, in the State of Illinois.
Sec. 1. Be il enacted by the Senate and House of Repre. sentatives of the United States of America in Congress assembled, That all that tract of country lying between the The country lying Illinois and Mississippi rivers, and south of the base line of nois and Mississipthe military surveys, be, and the same is hereby, attached to pi rivers, and south and made a part of the land district, the office of which is the military sur. located at Edwardsville; and all the tract of country lying id to, &c. the land between the said rivers, and north of the said base line, bc, ville, &c. and the same is hereby, attached to and made a part of the land district, the office of which is established at Springfield, in the county of Sangamo.
Approved, March 16, 1824.
(Sec Part II, No. 64.]
Where the pur
CHAP. 295.-An act to provide for the extinguishment of the debt due to the
also chap. 330. Sec. 1. Be it enacted by the Senate and House of Reprcsentatives of the United States of America in Congress assembled, That in all cases where the purchaser or legal chaser or holder of holder of any certificate of purchase of any of the public lands las obtained lands of the United States may have obtained a certificate a certificate of fur: of further credit under the provisions of an act passed the blue act of March second day of March, one thousand eight hundred and allowed w file it
with the register or twenty-one, entitled “ An act for the relief of the purcha- the sers of public lands prior to the first day of July, one thou- lure guclı land is sand eight hundred and twenty,"for of the acts supplement- Chapter 253. ary thereto of the twentieth of April, one thousand eight hundred and twenty-two, and of the third of March, one Chapter 263. thousand eight hundred and twenty-three,the person ob- $Chapter 287. taining such certificate, or the legal holder thereof, shall be allowed, at any time prior to the tenth of April, one thousand eight hundred and twenty-five, to file with the register of the land office in the district where such land is situated, a relinquishment, in writing, of any section, half section, quarter section, or legal subdivision of a fractional section, made according to the provisions of the existing laws in relation to the survey and sale of the public lands; and any
inent for lands re
payment made on any tract of land so relinquished shall be applied to the payment of the amount due on any tract retained by said purchaser, or legal holder of a certificate of purchase; which relinquishment shall be allowed only on condition that any such purchaser, or legal holder of a certificate of purchase, relinquish a sufficient quantity of land thereby to complete his or her payments due to the United States on any lands retained, or pay the balance due, and which may afterwards become due, in money, before or at the time of such relinquishment; and on the payment of such balance in money, there shall be allowed, on the amount
so paid, a deduction at the rate of thirty-seven and a half Proviso ; no repay per centum : Provided, That nothing herein contained shall linquished.
entitle the person making such relinquishment to claim any
repayment from the United States on account of any lands Proviso; no dis so relinquished: And provided, further, That nothing herein counts on paym'ts.
contained shall authorize any discounts upon payments made
by relinquishment. A deduction at the Sec. 2. And be it further enacted, That all purchasers tuin, to be inade on or legal holders of any certificate of purchase of any of the complete paym'is. public lands of the United States, who may have obtained
a certificate of further credit under the provisions of the several acts above mentioned, on making complete payment previous to the tenth of April, eighteen hundred and twentyfive, of every instalment then due, and which shall afterwards become payable, shall be allowed upon the amount so paid a deduction at the rate of thirty-seven and a half per
centum. Duty of the regis. Sec. 3. And be it further enacted, That it shall be the ters and receivers. duty of the registers and receivers of the land offices of the
United States, immediately after the tenth of April, eighteen hundred and twenty-five, to return complete lists of the lands relinquished to the United States within their districts; and such lands shall be exposed to sale, as other public lands
of the United States. Feps to be allowed Sec. 4. And be il further enacted, That the register and to registers and re- receiver of any land office shall be allowed double the fees
given them by the act of the second of March, one thousand eight hundred and twenty-one, for like services; to be paid by the person or persons availing themselves of the pro
visions of this act. The provisions of
Sec. 5. And be it further enacted, That the provisions of this act to extend this act be extended to town lots and out-lots reserved for
purpose, and sold by the United States on a credit. Approved, May 18, 1824.
(Sec Part II, Nos. 13, 26, 27, 110, 301, 306, 307, 308, 310, 312, 313, 321, 324, 341, 396.)
CHAP. 296.--An act providing for a grant of land for the seat of Government
in the Territory of Florida, and for other purposes.
Sec. 1. Be it enacted by the Senate and House of Repre. sentatives 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.
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 or jority thereof, be, and they are hereby, authorized to adopt may deem ex pody. 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.
Sec. 3. And be it further enacted, That there shall be, Three entire quarand hereby are, reserved from sale three entire quarter sec- reserved and loca
led by the Govern 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.
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? one thousand cight hundred and twenty-three, entitled “An pointment of a sur. act amending and supplementary to the act entitled An act until
, &c., repeal 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 saine 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.)
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 correci
ing produced to the
numbers of any chaser of the public lands of the United States at private exceeding one hall 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
of mistake, and where such payment has not been forfeited, Office, he shall previously to the passing of this act, for a failure to com cause he enco plete the payments on such tract; and where the purchaser changed, &c.,
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 *Chapler 253 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 bis, 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 is sold, to any other tract liable to entry : Provided, Proviso , vath of That the oath of the person or persons interested shall in no persons interested,
case be deemed sufficient, in the absence of other corrobo
rating 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.
SEC. 2. And be it further enacted, That either the regis.
not sufficient, &c.
third persons not affected