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cree; that the surveyor of public lands shall be allowed one dollar for each of the official certificates required of him ; and the keeper of the records and evidence taken under former acts of Congress for the adjustment of land titles shall be allowed at the rate of ten cents for every hundred words contained in any such written evidence of their claim, to be paid by the party applying therefor.
Sec. 9. And be il further enacted, That it shall be the Right of appeal, duty of the attorney of the United States for the district in exc’ds 1,000 acres. which the suits authorized by this act shall be instituted, in every case where the decision is against the United States, and the claim exceeds one thousand aeres, to make out and transmit to the Attorney General of the United States a statement containing the facts of the case and the points of law on which the same was decided ; and if the Attorney General shall be of opinion that the decision of the district court was erroneous, it shall be his duty to direct an appeal to be made to the Supreme Court of the United States, and to appear for and prosecute the said appeal in that court; and it shall be the further duty of the district attorney to observe the instruction given to him by the Attorney General in that respect.(1)
Sec. 10. And be il further enacted, That it shall be the The nuarshal to atduty of the marshal of the State of Missouri, by himself while in session. or deputy, to attend the said court while in session, and to execute all process to him directed by the court, under this
Sec. 11. And be il further enacted, That if in any case it The party inter: should so happen that the lands, tenements, or hereditaments, lands, &c. decreed decreed to any claimant under the provisions of this act, under ihis act shall shall have been sold by the United States, or otherwise dis- has been sold by posed of, or if the same shall not have been heretofore lo- or have been here cated in each and every such case, it shall and may be law- enter a like quan ful for the party interested to enter, after the same shall have office in Missouri. been offered at public sale, the like quantity of lands, in parcels, conformable to sectional divisions and subdivisions, in any land office in the State of Missouri ; and if it should so happen that, in making such entries, there should remain in the hands of the enterer a fractional excess of acres, of less number than the sinallest sectional divisions authorized by law to be sold, it shall and may be lawful for the party interested to enter, in virtue of such fractional excess, the quantity of one half-quarter section, upon payingone dollar and twenty-five cents for each acre contained in such half-quarter section, over and above the fractional excess to which he may be entitled by such confirmation.(2)
Sec. 12. And be it further enacted, That for the purpose To carry this ** of carrying into effect the provisions of this act, the judge judge of the Mis of the district court for the State of Missouri shall hold his hold his sessions at sessions at the following places, viz : at the town of St. the town of St.
(1) See Part II, No. 31. (3) See Part II, No. 30
And at Jackson.
had nearest his residence.
Louis, in the county of St. Louis, on the third Monday of At St. Genevieve. September next; at the town of St. Genevieve, in the county
of St. Genevieve, on the third Monday of December next; and at the town of Jackson, in the county of Cape Girardeau, on the third Monday of April next : he shall appoint his own clerks; and, after the first and each of the said sessions, he shall thereafter sit, upon his own adjournments, at the places aforesaid, until all the business before him shall be completed, or the time limited by this act shall have expired, of which said adjournments, and the time of holding the special sessions aforesaid, public notice shall be given at
each of the places aforesaid, and at such other places in the Proris, court may State of Missouri as he shall direct : Provided, That, at either of the places. either of the places aforesaid, the court inay take cognizance
and jurisdiction of any claim within the limits of the State : Proviso; in case of Provided, moreover, That if there should be any person ing, trial may be defending against the confirmation of such claim, in suc
case the trial, in case he shall request the same, shall be had
at that place nearest the residence of such person desending Proviso: not in ap; against such confirmation : Provided, That none of the proJacques Clamor. visions of this act shall be applied to a claim of the repre
sentatives or assignees of Jacques Clamorgan, deceased, ly. ing between the Missouri and the Mississippi rivers, and covering parts of the counties of St. Charles and Lincoln,
in the State of Missouri. The district judga
Sec. 13. And be it further enacted, That the district he allowed to judge for the State of Missouri shall, while in the discharge in addition, &c. of the duties imposed by this act, be allowed at the rate of
eight hundred dollars per annum, in addition to his salary as district judge for the State of Missouri, which shall be in
full for his services. All the provisions
Sec. 14. And be it further enacted, That all the provisions of this act to of this act shall extend to and be applicable to the Territory
Ar- of Arkansas ; and for the purpose of finally settling and ad
justing the titles and claims to lands derived from the French and Spanish Governments, respectively, the superior court for the Territory of Arkansas shall have, hold, and exercise, jurisdiction in all cases, in the same manner and under the same restrictions and regulations, in all respects, as by this
act is given to the district court for the State of Missouri ; The judges of the and the judges of the superior court, clerk of said court, marshal, and dis marshal, and district attorney of the United States, for the perform the same said Territory, shall, severally, perform the same duties and Huntiesmandhars have the same powers, in relation to the claims to lavd pre&c. as in other sented and prosecuted in said court, in the 'Territory of Ar
kansas, as is herein provided with regard to the titles and claims to land presented and prosecuted in the district court for the State of Missouri ; and the judges of said superior court, the clerk, marshal, and district attorney, shall each, severally, receive the same fees, emoluments, and compensation, for their services, as is in this act provided in regard to the district judge, clerk, marshal, and district attorney, in
Territory of kansas
the State of Missouri ; and the said court shall commence First session of the its first session on the first Monday in October next, at Little court. Rock, in the Territory of Arkansas ; and, afterwards, shall sit, upon its own adjournments, at the place aforesaid, until all the business before it shall be completed, or the time limited by this act shall have expired; of which public notice shall be given, as is provided in this act in relation to the district court of the State of Missouri: Provided, That Proviso; right of in all cases of a decree against the United States for a greater
appeai, &c. quantity of land than five hundred acres, in the superior court of Arkansas, it shall be the duty of the attorney of the United States to transmit to the Attorney General of the United States, so soon as may be, a like statement of the facts and points of law in the case as is required of the district attorney of Missouri; and the same right of appeal from the decisions of the court in Arkansas shall be allowed to each party that are prescribed in relation to decisions in the district court of Missouri.
Sec. 15. And be it further enacted, That none of the Fourteenth section provisions of the fourteenth section shall extend to claims clainns atose ona of a larger amount than one league square.
league square. Approved, May 26, 1824.
(See Part II, Nos. 19, 22, 23, 519, 680, 681, 704, 708, 725, 868, 1,018.]
CHAP. 306.-An act providing for the disposition of three several tracts of
lands in Tuscarawas county, in the State of Ohio, and for other purposes.
laid off into lots.
Sec. 1. Be it enacted by the Senate and House of Repre. sentatives of the United States of America in Congress as. sembled, That the three several tracts of land lying in the Three tracts of land county of Tuscarawas, in the State of Ohio, lately retroceded suscarawas, Ohio, to the United States by the Society of United Brethren for to be surveyed and propagating the Gospel among the Heathen, shall be surveyed and laid off into such lots, having regard to the existing surveys and improvements thereon, as will best conduce to the sale thereof : Provided, That the lots and tracts which proviso; according the United States are bound to convey to the said society shall be laid off according to the contract for retrocession : And provided, also, That a suitable number of in-lots and Proviso; lats for the out-lots, in the town of Gnadenhutten, shall be laid off for town of Gnaden said town, embracing the improved part thereof and the fields adjoining, now occupied by the inhabitants, which shall be platted and numbered, and a copy recorded in said county, according to the laws of Ohio.
Sec. 2. And be it further enacted, That the Secretary of Annen do besilo the Treasury shall be, and is hereby, authorized to appoint near said land
and his duty an agent, who shall reside near the said land, whose duty it shall be to superintend and direct the survey of said land and lots; to receive and pay over to the Treasury the rents due and to become due on said lands; to take possession of
such parts of said lands as may be forfeited by the tenants by reason of non-performance of the covenants in their leases; to ascertain the actual cash value of each of the lots and town lots, with the improvements thereon, and, also, the
value of each, subject to the conditions of the lease outAppraisers to be standing on it, by the aid of two disinterested appraisers, to Secretary of the be selected by the Secretary of the Treasury, to ascertain Treasury.
the award to be made to Isaac Simners, Jesse Walton, Barzilia Walton, Jesse Hill, and Boaz Walton, according to their leases; to receive a surrender of such of the leases outstanding on such lands as the holders thereof may be disposed to make, who have or shall first comply with the conditions of their leases up to the time of the surrender; to superintend the sale of said lands and lots, and to transfer to the purchasers who shall buy any of said land or lots, subject to the leases thereon, the lease of the lot or land so bought; and to do whatever else may be necessary to effect
a speedy and advantageous disposition of said lands and lots. A right of pre-emp: Sec. 3. And be it further enacted, That a right of pre10 John Andreas, emption shall be allowed to John Andreas, John Neigaman,
Jacob Winsh, and Catharine Tschudy, at the real cash value of the lots occupied by them, according to the stipulations of the said agreement for retrocession, and to any of the lessees, for any lot embracing their lease; and, also, to the said Society of United Brethren, for any of the remaining lots or town lots, to an amount not exceeding the amount
stipulated to be paid to them by the United States : ProProvigo;
vided, That any of the persons entitled to pre-emption, who entitled 6 pre shall be desirous to avail themselves of such right, shall give emprion, to give
notice to the said agent of such their intention before the cash value of the lots is ascertained; and, in the case of the lessees, shall, at or before the time of giving such notice, pay all arrears of rent and surrender their leases, and shall, immediately after the said cash value is ascertained, be entitled to a patent for the lot or land to which they are entitled, as aforesaid, on paying the amount of such cash value ; or, in the case of the society, on their executing and delivering to said agent a discharge to the United States for so much as said lot or land whereto a pre-emption is claimed shall amount to, on account of any sum to become due them by reason of the stipulations in said retrocession; and no right to such pre-emption shall be considered as extending beyond the time of commencing the sale of said lands, as
hereinafter directed. The usual ground Sec. 4. And be it further enacted, That the Secretary of for street hendwan; the Treasury may cause to be designated and allowed for pubto be allowed for lic use the usual ground for streets and alleys in said town,
for public ground, and for schools; and may, moreover, cause to be designated and set apart one lot in each of said tracts, not exceeding one thirty-sixth part of each, the title whereof shall be vested in the Legislature of the State of Ohio, and held in trust for the use of schools, in the same manner as
other lands granted by the United States for the use of schools are held in that State.
Sec. 5. And be it further enacted, That immediately after After the surveys the said surveys shall be completed, the cash value ascer certained, and the tained, and the school lands designated, the said agent shall school lands desie give notice, by advertisement in one newspaper in Washing. sive notice through ton city, and one in Steubenville, one in Zanesville, and pers of the time of one in New Philadelphia, Ohio, of the time, not less than sixty days from the first publication, when he will offer the said lands and lots for sale at public vendue at the court-house in New Philadelphia aforesaid ; and shall, at such time and place, proceed to offer for sale, to the highest bidder, any of said lands or lots remaining undisposed of, in the manner herein before provided for ; and none of said lots or land Al cash value, &c. shall be put up at a less sum than the actual cash value ascertained as aforesaid ; and in case any of said lessees shall have failed or refùsed to surrender their leases, the sale shall be made subject to those leases; and each purchaser who may purchase at such sale shall immediately pay to the said agent the amount of his purchase, and take his receipt for the amount, specifying the lot or land purchased ; upon which the purchaser shall be entitled to a patent as other purchasers of public land are ; but in case any purchaser Purchaser failing shall fail to make his payment, as aforesaid, at or before the w pay, forfeius, &c. close of the sale, he shall be considered as having forfeited his purchase, and the land struck off to him shall be again offered for sale, in the same manner as if it had never been struck off; and the said agent, immediately after the close Agent to pay over,
and report. of such sale, shall pay over the money received at such sale and for rent to the United States, and report all his proceedings to the General Land Office; and the President shall President to issue be, and he is hereby, authorized, whenever the boundaries of the several lots stipulated to be conveyed to the said society shall be ascertained, to issue patents therefor to said society. Sec. 6. And be it further enacted, That the agent herein Said agent to take
an oath, and give provided for shall take an oath of office, and give bond and security security, in such sum and form as the Secretary of the Treasury may direct, and be allowed and paid for his services a salary at the rate of six hundred dollars per annum : To receive $600 per Provided, That said office shall not continue longer than is mum.
Proviso; office not necessary to perform the duties herein required, and not to continue longer longer than one year; and said salary, together with the incidental expenses attending the said survey and sale, shall be charged to the fund to be raised by the sale of said lots and land. The said appraisers shall be allowed the sum of two Appraisers allowed
82 a day, &c. dollars for each day actually employed in the appraisement aforesaid, and neither the said agent nor appraisers shall be at liberty to purchase any of the said lands or lots.
SEC. 7. And be it further enacted, That if any such land Any land or lots re. or lots remain unsold at public auction, as aforesaid, the same public auction, shall be subject to entry and sale at the land office in Zanes- entry and sale, et ville, in Obio, at the actual cash price, ascertained as afore-hen david office' in
than a year, &c.