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dent may think reasonable. It shall also be the duty of said His duty. agent to collect testimony in behalf of the United States, and to attend, on all occasions, when said claimants may take depositions; and no deposition so taken by them shall be read as evidence, unless said agent or district attorney shall have been notified, in writing, of the time and place of taking them, so long previous to said time as to afford to him an opportunity of being present. Sec. 11. And be it further enacted, That it shall be law. Assistant counsel
l be appointed. 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.
Sec. 12. Anil 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. Sec. 13. And be il further enacted, That the decrees Decrera not to ar.
sect third parties. 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, 837, 861, 870, 872, 875, 878, 888, 891, 895, 896, 897, 934, 951, 957, 959.)
CHIP. 365.-An act for the relief of purchasers of the public lands that have reverted for non-payment of the purchase-money.
*Sen chapters 386
and 110 Sec. I. 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. 283. verted, or are liable to revert, to the United States tor 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,
of the General Land
the form of certiti. cales.
to the receiver a3
Certificado 10 les ter; her, or their legal representatives or assigns, a certificate
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 origi
nal purchase or deposite was made. Commissioner Sec. 2. And be it further enacted, Tbat it shall be the Office w 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. Certificates receiv. Sec. 3. And be it further enacted, That the said certified in payment for lands, and credited cates, when received in payment for lands, shall be entered Cush
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
Sec. 4. And be il further enacted, That, for any moneys ing lands so bili forfeited on lands sold at New York or Pittsburg, the cer
or Pills. burg.
tificate 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.
Sec. 5. And be it further enacted, That in no case shall sup only to those a certificate be issued to any person, except to the person who , or
who originally forfeited the lands, or to his heir or heirs; nor shall a grant issue, or the lands purchased with any scrip be transerred, until six months after the certificate shall have been deposited in the office.
Sec. 6. And be it further enacted, That if any tract of Proceedines in re. lation w forged or land returned as sold io the General Land Office shall have altered certiticales.
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 be shall direct, to give notice thereof
Certindales lo 15.
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 inoney actually paid thereon, be forfeited to the United States.
Sec. 7. And be it further enacted, That, where two or Mode of proceedmore 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.
of Tennessee river.
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 imstone, Lawrence, Franklin, and Lauderdale, in the State of prove navigation 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.
SEC. 2. And be it further enacted, That said State of Price at Alabama shall have power to sell, dispose of, and grant said land may be sold. 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.
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.
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- to any other purceeds of the sales, or any part thereof, to any other use or
Places at which
object whatsoever than as directed by this act, before said improvements shall have been completed, the said grant for all lands then unsold shall thereby become null and void; and the said State of Alabama shall become liable and bound to pay to the United States the amount for which said land, or any part thereof, may have been sold, deducting the ex penses incurred in selling the same.
Sec. 5. And be it further enacted, That the improvements are to be commen. of said navigation shall be commenced at the lowest point of
obstruction in said river, within said State, continued up the same until completed, and be calculated for the use of steamboats, according to such plan of construction as the United States engineers, appointed to survey and report thereon, may recommend, and the President of the United States approve: Provided, That such plan shall embrace, if practicable, a connexion of the navigation of Elk river with the
said improvements. Surplus to be ap Sec. 6. And be further enacted, That, after the compleplied to Connection of said improvements, the surplus of said grant, if any,
shall be applied to the improvement of the navigation of the Coosa, Cabawba, and Black Warrior rivers, in said State, under the direction of the Legislature thereof.
Sec. 7. And be it further enacted, That the said rivers, when improved as aforesaid, shall remain forever free from toll for all property belonging to the Government of the United States, and for all persons in their service, and for all the citizens of the United States, unless a toll shall be allowed by an act of Congress.
Approved, May 23, 1828.
CHAP. 367.---An act to continue in force, for a limited time, and to amend an
act entitled “An act to enable clainants to lands within the limits of the
State of Missouri and Territory of Arkansas to institute proceedings to try *See chap. 303. the validity of their claims."
Sec. 1. Be it enacted by the Senate and House of Repre
sentatives of the United States of America in Congress asAcı May 26, 1824, sembled, That the act approved the twenty-sixth of May, continued in force eighteen hundred and twenty-four, entitled " An act to enauntil 1830.
ble clairoants to lands within the limits of the State of Mis
souri and Territory of Arkansas to institute proceedings to See chap. 305. try the validity of their claims,” shall be, and the same
hereby is, continued in force-that is to say, for the purpose of filing petitions in the manner prescribed by that act-to and until the twenty-sixth day of May, in the year one thousand eight hundred and twenty-nine, and for the purpose of enabling the claimants to obtain a final decision on the validity of their claims in the courts of Missouri and Arkansas, respectively; the said claims having been exhibited within the time above specified; the said act shall be continued in force to and until the twenty-sixth day of May, in the year
one thousand eight hundred and thirty, and no longer; and the courts having cognizance of said claims shall decide upon Courts to confirm and confirm such as would have been confirmed under the to Spanish laws. laws, usages, and customs, of the Spanish Government, for two years from and after the twenty-sixth day of May, one thousand eight hundred and twenty-eight; and all the claims authorized by that act to be heard and decided shall be ratified and confirmed to the same extent that the same would be valid if the country in which they lie had remained under the dominion of the sovereignty in which said claims originated.
Sec. 2. And be it further enacted, That so much of the Costs of court 19 said act as subjects the claimants to the payment of costs in the cause. any case where the decision may be in favor of their claims, be, and the same is hereby, repcaled, and the costs shall abide the decision of the cause as in ordinary causes before the said court; and so much of the said act as requires the adverse claimants. 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. And the confirmation had by virtue of said act, and Confirmations not the patents issued thereon, shall operate only as relinquish adverse claimants. ment of title on the part of the United States, and shall in nowise affect the right or title, either in law or equity, of adverse claimants of the same land.
Sec. 3. And be it further enacted, That where any claim Right of pre-empfounded on concession, warrant, or order of survey, shall be jected claimants. adjudged against and rejected, the claimant, or his legal representatives, by descent or purchase, being actual inhabitants and cultivators of the soil the claim to which shall have been rejected, shall have the right of pre-emption, at the minimum price of the public lands, so soon as the land shall be surveyed and subdivided by the United States, of the quarter section on which the improvement shall be situate, and so much of every other quarter section which contains any part of the improvement as shall be within the limits of the rejected claim.
Approved, May 24, 1828.
CHAP. 368. -An act to authorize the Legislature of the State of Indiana to sell
the lands heretofore appropriated for the use of schools in that State.
Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislature of the State of Indiana shall Legislature of in. be, and is hereby, authorized to sell and convey, in fee siin - sell lands hereto ple, all or any part of the lands heretofore reserved and ap; the use our schools propriated by Congress for the use of schools within said State, and to invest the money arising from the sale thereof