cisse Carmouche, Julie Alexandre, and Martin Major, Nicholas Bara, and Francis Menard, saving and reserving, however, to all adverse claimants, the right to assert the validity of their claims in a court of justice. Approved, July 4, 1836. [See Part II, No. 19.] CHAP. 506.—An act confirming claims to land in the State of Missouri, and for other purposes. corder confirmed. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the decisions in favor of land claimants made Decisions of the reby the recorder of land titles in the State of Missouri, and the two commissioners associated with him, by virtue of an act entitled "An act for the final adjustment of private land claims in Missouri,* approved July ninth, eighteen hundred Chapter 439. and thirty-two, and an act supplemental thereto,† approved +Chapter 454. March second, eighteen hundred and thirty-three, as entered in the transcript of decisions transmitted by the said recorder and commissioners to the Commissioner of the General Land Office, and by him laid before Congress at the two last and present sessions, be, and the same are hereby, confirmed, saving and reserving, however, to all adverse claimants, the right to assert the validity of their claims in a court or courts of justice Provided, That nothing in this act contained Proviss. shall apply to, or be in confirmation of, the claim of Don Carlos D. Vilemont, for a tract of land at Point Chicot: And provided, also, That nothing in this act contained shall Provis). apply to, or be in confirmation of, the following claims, to wit Manuel Liza, six thousand arpens; J. Coontz and Hempstead, four hundred and fifty arpens; Matthew Saucier, one thousand two hundred arpens; Charles Tayon, one thousand six hundred arpens; sons of Joseph M. Pepen, five thousand six hundred arpens; Louis Lorimiere, thirty thousand arpens; Bartholomew Cousin, ten thousand arpens; Manuel Gonzales Moro, eight hundred arpens; Seneca Rollins, four hundred arpens; William Long, four hundred arpens; James Journey, four hundred arpens; Joachim Lisa, six thousand arpens; Francois Lacomb, four hundred ar pens; Israel Dodge, seven thousand fifty-six arpens; Andrew Chevalier, four hundred arpens; Joseph Silvain, two hundred and fifty arpens; John P. Cabauis, two thousand arpens; William Hartly, six hundred and fifty arpens; William Morrison, seven hundred and fifty arpens; Solomon Bellew, three hundred and fifty arpens; Paschal Detchemendez, seven thousand fifty-six arpens; Baptiste Aunure, two hundred and forty arpens; Alexander Maurice, four hundred arpens; Jean Baptiste Valle, twenty thousand arpens; Israel Dodge, one thousand arpens; Walter Fenwick, ten thousand arpens; John Smith T., ten thousand arpens; and Mackey Wherry, sixteen hundred arpens. Other land may be SEC. 2. And be it further enacted, That if it shall be located,should any of that be occupied found that any tract or tracts confirmed as aforesaid, or any the title to which part thereof, had been previously located by any other per is confirmed. Proviso. Locations to be entered with the register, &c. son or persons under any law of the United States, or had been surveyed and sold by the United States, this act shall confer no title to such lands in opposition to the rights acquired by such location or purchase; but the individual or individuals whose claims are hereby confirmed shall be permitted to locate so much thereof as interferes with such location or purchase on any unappropriated land of the United States within the State of Missouri or Territory of Arkansas, in whichever the original claim may be, that may be subject to entry at private sale: Provided, That such location shall conform to legal divisions and subdivisions, and shall not interfere with the rights of other persons. SEC. 3. And be it further enacted, That the locations authorized by this act shall be entered with the register of the proper land office, who shall, on application for that purpose, make out for such claimant a certificate of location, which, with the certificate of confirmation, shall be transmitted to the Commissioner of the General Land Office; and if it shall appear, to the satisfaction of the said Commissioner, that such certificate shall have been fairly obtained, according to the true intent and meaning of this act and the laws of the United States, then, and in that case, patents shall be granted in like manner as is provided by law for the other lands of the United States. And for each certificate of location, to be issued as aforesaid, the register shall be entitled to receive from the person applying therefor the sum of one dollar. Approved, July 4, 1836. [See Part II, Nos. 717, 723, 724, 968, 974, 984, 1,017, 1,018.] lands to be with sale until 1st Dec. 1836. CHAP. 507-Resolution to suspend the sale of a part of the public lands acquired by the treaty of Dancing Rabbit creek. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assemReservations of bled, That so much of the public lands, acquired by the held from public treaty concluded with the Choctaw nation of Indians, at Dancing Rabbit creek, on the twenty-eighth day of September, eighteen hundred and thirty, as has been conditionally or otherwise located by the locating agent of the United States to persons claiming reservations under the fourteenth article of said treaty, be withheld from public sale until the first day of December next: Provided, That nothing herein contained shall be taken or construed as indicating any intention on the part of Congress to confirm said claims. Approved, May 9, 1836. Proviso [See Part II, Nos. 456, 461, 463.] CHAP. 508.-An act to authorize certain railroad companies to construct railroads through the public lands in the Territory of Florida. road Company au railroad, commen John's river, &c. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the East Florida Railroad Company, a cor- East Florida Kallporation established by an act of the Governor and Legisla- thorized to locate tive Council of the Territory of Florida, approved the four- and construct a teenth of February, Anno Domini eighteen hundred and cing on the St. thirty five, be, and they hereby are, authorized to locate and construct a railroad on the following route, to wit: Commencing on the St. John's river, and thence, in the most convenient and suitable direction, to Tallahassee, or the waters of St. Mark's river or bay, on the Gulf of Mexico, or to any other point east of or between the St. Mark's and Appalachicola rivers, which may be selected by said company. SEC. 2. And be it further enacted, That the said company May pass over the is further authorized, wherever said route shall pass over the public lands. public lands of the United States, to locate the same thereon, eighty feet wide; which said location, if made according to the true intent and meaning of this act, shall be enjoyed by said company so long as they maintain the said road for the public accommodation. be used. SEC. 3. And be it further enacted, That the said 'company Timber, &c. may shall have the right to take from the said public lands, timber, stone, and earth, whenever it may be convenient for the construction of any part of said way running through the same; also, to deposite and leave such materials upon such lands, whenever it may be necessary; also, to cut drains, where necessary, through the same; and, during the period of the construction of said way, to occupy said lands along said route, doing as little injury thereto as may be. complied with by SEC. 4. And be it further enacted, That, to entitle the Conditions to be said company to the enjoyment of the privileges herein pro- said company. vided for, they shall comply with the following conditions, to wit: First. They shall cause the said route, whenever it passes over the public lands, to be surveyed, and the location of the way to be accurately delineated in their proper connexion, and a map thereof, and a copy of the locations, to be returned and deposited in the General Land Office, within six months from the date of the final location of the said road. Second. They shall cause permanent monuments to be erected along said route, conforming to such locations and maps defining the limits of the way. Third. Wherever the said railway shall intersect a highway or travelled way on the public lands, that way or ways shall be left unobstructed. Fourth. Wherever it shall cross a stream or low grounds, such provision shall be måde for draining off the water as to leave the said public lands uninjured by said railway. Fifth. They shall complete the said way within the time provided for in the act of incorporation. Public lands to be reserved by the U. States, &c. routes veyed, &c. Sixth. Said location of said way shall be considered and treated as open way, and be kept up as such, and the lands abutting thereon shall be considered as abutting upon a public way. SEC. 5. And be it further enacted, That the sections and quarter sections of public lands over which the said road may pass, shall be reserved by the United States for two years after the final location of the said way; and to this end Notice to be given the said company shall, as soon as they have resolved to surby the company of to be sur. Vey or examine any route, give notice to the register of the land district in which the lands may be, over which they intend to pass; and when the final location is made, a further notice of that fact shall be given, in like manner, of the lands over which it actually passes, which said last-mentioned lands shall be reserved as aforesaid from sale: Provided, That neither the said company nor any other person shall be authorized to settle on the said reserved sections or quarter sections; and no person so settling shall acquire thereby a pre-emptive right or claim to the said reserved lands, or to any part thereof; and if said company shall fail to give prompt and seasonable notice in both the above cases, they shall forfeit their privileges under this act. Proviso. Time for making surveys, &c. extended. or intersect, &c. SEC. 6. And be it further enacted, That the time for making the surveys and commencing the work, as prescribed in the said act of incorporation, be, and the same is hereby, extended for one year after the passage of this act. Governor, &c. may SEC. 7. And be it further enacted, That it shall be lawprovide by law for the construction of ful for the Governor and Legislative Council of the said railroads, to cross Territory, or for the Legislature of the State of Florida, hereafter, to provide by law for the construction of railroads from the Appalachicola river, or from any other point, to cross or intersect the above-mentioned railroad, from the Georgia State line to the Gulf of Mexico. East Florida Rail SEC. 8. And be it further enacted, That the said East road Comp'y may Florida Railroad Company be, and they are hereby, authorized to cross the railroad proposed to be made at any point between Tallahassee and St. Mark's. cross proposed rail road at, &c. Florida may take stock. Acts repealed. Pensacola and Per dido Railroad Com railroad from, &c. pany may make SEC. 9. And be it further enacted, That the Territory or State of Florida shall, at the end of twenty years, have the privilege of taking one fourth of the stock at par, by paying to the company the interest on the investment. SEC. 10. And be it further enacted, That all acts or parts of acts of the Legislative Council of the Territory of Florida, inconsistent with the foregoing provisions, be, and the same are hereby, annulled. SEC. 11. And be it further enacted, That the Pensacola and Perdido Railroad Company, organized under acts of the Governor and Legislative Council of the Territory of Florida, and of the State of Alabama, be, and they are hereby, authorized to make a railroad from Pensacola to the Florida Railroad waters of Mobile bay or river; and, also, that the Brunswick Company may ex and Florida Railroad Company, incorporated by an act of Brunswick and tend their railroad from, &c. the Legislature of Georgia, be, and they are hereby, authorized to extend their railroad from the Georgia line to the city of Tallahassee, and, thence, to the river Appalachicola, or St. George's sound, upon the same conditions and limitations contained in the foregoing provisions of this act. construct to Tallahassee. SEC. 12. And be it further enacted, That the Lake Win- Lake Winnico nico and St. Joseph's Canal and Railroad Company, organ- Canal and Railand St. Joseph's ized under acts of the Governor and Legislative Council of Co Comp'y may the Territory of Florida, be, and they are hereby, autho- from St. Joseph's rized to locate and construct a railroad from the city of St. Joseph to the city of Tallahassee, in said Territory, upon the same conditions and limitations contained in the foregoing provisions of this act; and, in the construction of said road, may cross, or intersect, and form a junction with, any other railroad which may be made west of the city of Tallahassee. Approved, January 31, 1837. *See ante, chaps. 203, 264, 410, 448. allotments under by the ге ceive patents on CHAP. 509.-An act to provide for the adjustment of title and final disposition of the four reserved sections in the tract of country allotted to the Tombeck bee Association for the encouragement of the cultivation of the vine and olive.* SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who became entitled, under the Persons entitled to contract entered into on the eighth day of January, eighteen contract hundred and nineteen, by the Secretary of the Treasury, on Treas'y, with Chas. Secretary of the the part of the United States, and Charles Villar, agent of Villar, shall rethe Tombeckbee Association, in pursuance of "An act to certain conditions. set apart and dispose of certain public lands for the encouragement of the cultivation of the vine and olive," approved +Chap. 203. third March, eighteen hundred and seventeen, to an allotment or share of the four sections of land reserved for the small allotments, and designated as sections seven, eighteen, nineteen, and thirty, in township eighteen, range three east, their heirs, devisees, or assigns, who shall have complied with the conditions of settlement and cultivation on such allotment, as required by said contract, or shall have been in the actual settlement and cultivation of his or her allotment within said four sections, or a part thereof, before or on the thirty-first day of October, eighteen hundred and thirty-two, as provided by the act of the nineteenth day of February, eighteen hundred and thirty-three, shall, on producing to the register and receiver of the land district in which said lands are situated, satisfactory evidence of title to such allotment, and of settlement and cultivation on the same as aforesaid, and paying one dollar and twenty-five cents per acre for the land, receive a patent for the same: Provided, Such proof Proviso. shall be filed and payment made within six months from the passage of this act: And provided, further, That the ex- Further proviso. |