Treasury, according to law, and referred by him to Congress, on the twenty-ninth January, one thousand eight hundred and twenty-eight, be, and the same are hereby, confirmed. The confirmations authorized by this act shall operate only as a release of any claim had by the United States, and not to affect the interest of third persons. ceiver to examine ed in time, barred. SEC. 4. And be it further enacted, That the said register Register and reand receiver shall continue to examine and decide the re- remaining claims maining claims in East Florida, subject to the same limita- in E. Florida. tions, and in conformity with the provisions of the several acts of Congress for the adjustment of private land claims in Florida, until the first Monday in December next, when they shall make a final report of all the claims aforesaid, in said district, to the Secretary of the Treasury; and it shall Those not presentnever be lawful, after that time, for any of the claimants to exhibit any further evidence in support of said claims. And Compensation of the said register and receiver, and clerk, shall receive the compensation provided in the act aforesaid, to be paid out of any money in the Treasury not otherwise appropriated : Provided, That the extra compensation of one thousand dollars each, which is hereby allowed to the register and receiver, for services under and by the provisions of this act, shall not be paid until a report of all the claims be made to the Secretary of the Treasury. officers. ses allowed. SEC. 5. And be it further enacted, That the proper ac- Contingent expen counting officers of the Treasury be, and they are hereby, authorized to adjust and pay the accounts of the register and receiver, acting as commissioners, their contingent expenses, and the receiver the compensation heretofore allowed for bringing their reports to Washington, out of any money in the Treasury not otherwise appropriated. large tracts, how to Le SEC. 6. And be it further enacted, That all claims to Claims land within the Territory of Florida, embraced by the treaty adjusted. between Spain and the United States of the twenty-second of February, one thousand eight hundred and nineteen, which shall not be decided and finally settled under the aforegoing provisions of this act, containing a greater quantity of land than the commissioners were authorized to decide, and above the amount confirmed by this act, and which have not been reported as antedated or forged by said commissioners, or register and receiver, acting as such, shall be received and adjudicated by the judge of the superior court of the district within which the land lies, upon the petition of the claimant, according to the forms, rules, regulations, conditions, restrictions, and limitations, prescribed by the district judge, and claimants in the State of Missouri, by act of Congress, approved May twenty-sixth, eighteen hundred and twenty-four, entitled "An act enabling the claimants to land within the limits of the State of Missouri and Territory of Arkansas to institute proceedings to try the validity of their claims :"* Provided, That nothing in +See chap. 305. this section shall be construed to authorize said judges to Appeals to the States. Extra pay judges. take cognizance of any claim annulled by the said treaty, or the decree ratifying the same by the King of Spain, nor any claim not presented to the commissioners or register and receiver, in conformity to the several acts of Congress providing for the settlement of private land claims in Florida. SEC. 7. And be it further enacted, That it shall be lawful for the claimants to lands, as aforesaid, to take an appeal, as directed in the act aforesaid, from the decision of the judge of the district to the Supreme Court of the United States, within four months after the decision shall be pronounced; to and the said judges shall each be entitled to receive the extra compensation given to the district judge of Missouri, for the performance of the duties required by this act, out of any money in the Treasury not otherwise appropriated. of Provisions in relation to costs court. SEC. 8. And be it further enacted, That so much of the said act, the provisions of which, so far as they are applicable and are not altered by this act, are hereby extended to the Territory of Florida, as subjects the claimants to the payment of costs in any case where the decision may be in favor of their claims, be, and the same is hereby, repealed; and the costs shall abide the decision of the cause as in ordiAdverse claimants nary causes before the said court. And so much of the said act as requires the claimants to make adverse claimants parties to their suits, or to show the court what adverse claimants there may be to the land claimed of the United States, be also hereby repealed. not to be made parties. Attorney of the U. peal, &c. SEC. 9. And be it further enacted, That it shall be the duty of the attorney of the United States for the district in which the suits authorized by this act shall be instituted, in every case where the decision is against the United States, to make out and transmit to the Attorney General of the United States a statement containing the facts of the case, Duty of the Attor- and the points of law on which the same was decided; and ney General to ap it shall be the duty of the Attorney General, in all cases where the claim exceeds one league square, and in all other cases, if he shall, in such latter cases, think the decision of the district judge is erroneous, to direct an appeal to be made to the Supreme Court of the United States, and to appear for the United States, and prosecute such appeal; which appeal, in behalf of the United States, may be granted at any time within six months after the rendition of the judgment appealed from, or at any time before the expiration of the term thereof which may commence next after the expiration of said six months; 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. A law agent to be appointed. SEC. 10. And be it further enacted, That it shall be lawful for the President of the United States to appoint a law agent, whose special duty it shall be to superintend the interests of the United States in the premises, to continue him in place as long as the public interest requires his continuance, and to allow such pay to the agent as the Presi dent may think reasonable. It shall also be the duty of said His duty. to be appointed. SEC. 11. And be it further enacted, That it shall be law- Assistant counsel ful for the President to employ assistant counsel, if, in his opinion, the public interest shall require the same, and to allow to such counsel and the district attorney such compensation as he may think reasonable. and prosecuted red. SEC. 12. And be it further enacted, That any claims to Claims not brought lands, tenements, and hereditaments, within the purview of within a certain this act, which shall not be brought by petition before said time, forever barcourt within one year from the passage of this act, or which, after being brought before said court, shall, on account of the neglect or delay of the claimant, not be prosecuted to a final decision within two years, shall be forever barred, both at law and in equity; and no other action at common law, or proceeding in equity, shall ever thereafter be sustained in any court whatever. fect third parties. SEC. 13. And be it further enacted, That the decrees Decrees not to af which may be rendered by said district or the Supreme Court of the United States shall be conclusive between the United States and the said claimants only, and shall not affect the interests of third persons. Approved, May 23, 1828. [See Part II, Nos. 19, 690, 705, 823, 830, 833, 850, 857, 864, 870, 872, 875, 878, 888, 891, 895, 896, 897, 934, 951, 957, 959.] CHAP. 365.-An act for the relief of purchasers of the public lands that have reverted for non-payment of the purchase-money." *See chapters 380 and 140. has been forfeited SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where public lands have been Money paid for purchased, on which a further credit has not been taken public lands which under the provisions of the act of the second of March, one to be refunded. thousand eight hundred and twenty-one, and have re- see chap. 233. verted, or are liable to revert, to the United States for failure to pay the purchase-money, or have been sold by the United States by reason of such failure to pay, and in all cases where one twentieth of the purchase-money shall have been deposited and forfeited to the United States, it shall be the duty of the register of the land office, where the purchase or deposite was made, to issue, upon application, to the person or persons legally entitled to the benefit of the payments made previous to such reversion or sale, his, Certificate to issue, her, or their legal representatives or assigns, a certificate and receivable other lands. the General Land the form of certifi cates. Which for the amount so paid and not refunded, which shall be received and credited as cash in payment of any public land that has been heretofore, or may hereafter be, sold by the United States in the State or Territory in which such original purchase or deposite was made. Commissioner of SEC. 2. And be it further enacted, That it shall be the Office to prescribe duty of the Commissioner of the General Land Office to prescribe the form of such certificates, which shall, in every case, specify the tract or tracts of land so reverted or sold, the amount paid, date of payments, and by whom made; and registers it shall be the duty of the register issuing such certificates to keep a record of the same, and to forward to the General Land Office, at the close of each month, an abstract of the certificates issued during the month; and for each certificate, the officer issuing the same shall be entitled to receive from the applicant the sum of fifty cents. are to issue. Certificates receiv ed in payment for to the receiver as cash. SEC. 3. And be it further enacted, That the said certifilands, and credited cates, when received in payment for lands, shall be entered in the books of the land office where received, and transmitted, with the accounts of the receiver of the public moneys, to the General Land Office, in such manner as the Commissioner of said office shall prescribe; and if, upon comparison of the original with the returns from the office whence any certificate issued, it shall appear, to the satisfaction of the said Commissioner, that such certificate has been issued and duly paid, according to the true intent and meaning of this act, the same shall be passed to the credit of the person paying the same as so much cash. Provisions respect New York or Pittsburg. SEC. 4. And be it further enacted, That, for any moneys ing lands sold at forfeited on lands sold at New York or Pittsburg, the certificate shall be issued by the Secretary of the Treasury; which certificate shall be received in payment for lands at any of the land offices of the United States, as the certificates issued in conformity to the foregoing provisions of this act are made receivable. Certificates to is who forfeited, or their heirs. SEC. 5. And be it further enacted, That in no case shall sue only to those a certificate be issued to any person, except to the person who originally forfeited the lands, or to his heir or heirs; nor shall a grant issue, or the lands purchased with any scrip be tranferred, until six months after the certificate shall have been deposited in the office. Proceedings in re altered certificates. SEC. 6. And be it further enacted, That if any tract of lation to forged or land returned as sold to the General Land Office shall have been paid for in forged or altered certificates, such sale shall be void, and the land subject to be sold again, at public or private sale, as the case may be ; and in case any such forged or altered certificate shall be received upon any debt for land heretofore sold, or in part payment of any tract of land that may be hereafter sold, it shall be the duty of the Commissioner of the General Land Office, by advertisement, or in such other manner as he shall direct, to give notice thereof to the person making such payment; and if, within six months after notice, such person shall not pay into the proper land office the amount so falsely paid, the tract of land upon which such payment was made shall, with all money actually paid thereon, be forfeited to the United States. ing where two per same tract. SEC. 7. And be it further enacted, That, where two or Mode of proceed more persons have become purchasers of a section or frac-sons become the tional section, the register of the land office for the district purchasers of the in which the lands lie shall, on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them: Provided, That in no case Proviso. shall the fractions so purchased be divided by other than north and south or east and west lines; nor shall any certificate issue for less than eighty acres. Approved, May 23, 1828. [See Part II, Nos. 347, 349, 350, 351, 356, 357, 363, 370, 396, 481, 894.] CHAP. 366.-An act to grant certain relinquished and unappropriated lands to the State of Alabama, for the purpose of improving the navigation of the Tennessee, Coosa, Cahawba, and Black Warrior rivers. land acres of granted to navigation SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That four hundred thousand acres of the relin- 400,000 quished lands in the counties of Madison, Morgan, Lime- Alabama, to im stone, Lawrence, Franklin, and Lauderdale, in the State of Prove of Tennessee river. Alabama, be, and the same is hereby, granted to said State, to be applied to the improvement of the navigation of the Muscle Shoals and Colbert's Shoals, in the Tennessee river, and such other parts of said river within said State as the Legislature thereof may direct. But if there shall not be four hundred thousand acres of relinquished unappropriated land in said counties, the deficiency to be made up out of any unappropriated lands in the county of Jackson, in said State. at which land may be sold. SEC. 2. And be it further enacted, That said State of Price Alabama shall have power to sell, dispose of, and grant said land, for the purposes aforesaid, at a price not less than the minimum price of the public lands of the United States, at the time of such sale. be commenced SEC. 3. And be it further enacted, That the said State of Improvements to Alabama shall commence said improvements with two years within two years. after the passage of this act, and complete the same within ten years thereafter. not to be applied to SEC. 4. And be it further enacted, That if said State of Proceeds of lands Alabama shall apply the lands hereby granted, or the pro- any other purceeds of the sales, or any part thereof, to any other use or pose. |