No. 294.—AN ACT to grant certain lands to the State of Indiana, the better to enable the said State to extend and complete the Wabash and Erie Canal from Terre Haute to the Ohio River. March 3, 1845. Vol. 5, p. 731. on the canal. Be it enacted, &c., That there be, and hereby is, granted to the State of Lands granted Indiana, for the purpose of aiding said State in extending and completing the Wabash and Erie Canal from Terre Haute, in the county of Vigo, in said State, to the Ohio River, at Evansville, in said State, as the course thereof has been established and surveyed by the authority of said State, one moiety of the public lands, (remaining unsold, and not otherwise disposed of, encumbered or appropriated,) in a strip five miles in width on each side of said canal; to be selected by an agent or agents to be appointed by the governor of said State, subject to the approval of the Secretary of the Treasury of the United States; reserving Lands reserved. to the United States each alternate section, (or other proper subdivision of said land,) from one end of said canal to the other; and before the selection, to be made as aforesaid by such agent or agents, shall be deemed to have been made and perfected, a chart or charts, showing the Chart of the cacourses and distances and points of termination of said canal, shall be nal to be reported reported, or caused to be reported by the governor of Indiana, or by to General Land some person or persons by him appointed to the Commissioner of the General Land Office. Office. Lands granted SEC. 2. And be it further enacted, That, for the purpose herein before in Vincennes dismentioned, there be, and hereby is, granted to the said State, in addi- trict. tion to the grant herein before provided for, one moiety of all the other lands in the Vincennes land district, in said State, and which remain, as aforesaid, unsold, and not otherwise disposed of, encumbered or appropriated, to be selected under the authority and by the direction of the governor of said State: Provided, That, in the selection of the lands Their selection. by this section provided for, no lands shall be comprehended which, in and by the first section of this act, are (in alternate sections or other proper subdivisions) directed to be reserved as aforesaid; and the lands so selected shall be reported, or caused to be reported, by the governor to be reported to of said State, to the register of the land office at Vincennes, before such the register. selection shall be deemed to be made and completed. Lands selected sections of this SEC. 3. And be it further enacted, That all the lands, by the first and Disposal of the second sections of this act granted as aforesaid, shall, after the selec- lands granted by tions thereof shall have been made and completed as aforesaid, be sub- first and second ject to be disposed of by the general assembly of said State, for the act. purpose aforesaid, and no other; and the President shall direct the further sales of the public lands, in the Vincennes land district aforesaid, Sale of lands in to be suspended until the governor of said State shall have caused the Vincennes disselections aforesaid to be made and perfected as aforesaid, and shall trict suspended. have notified the Secretary of the Treasury thereof: Provided, That such suspension shall not continue longer than twelve months from and after the passing of this act. United States canal free. SEC. 4. And be it further enacted, That the said canal when completed, to have use of the shall be and forever remain a public highway for the use of the Government of the United States, free from any toll or other charge whatever, for any property of the United States, or persons in their service, passing through or along the same; and shall be completed within fif- Canal to be teen years from and after the passing of this act, or the State shall be completed in fifteen years, or land holden to pay to the United States the amount of the price or prices for to revert to the which any and all of said land which may have been disposed of by United States. said State may have sold; and such of said lands as may not have been thus disposed of shall, from and after said fifteen years, if said canal should not then have been completed, revert to and again become the property of the United States: Provided always, That it shall not be lands limited. competent for the said general assembly to dispose of said lands, or any of them, at a price lower than, for the time being, shall be the minimum price of other public lands. (a) (a) See Nos. 239, 245, 254, 255, 272, 289, 291, 302. Price of the No. 295.-AN ACT making appropriations, &c. [Office of surveyor-general northwest of the Ohio removed to State of Michigan. See MICHIGAN, No. 509.] March 3, 1845. Vol. 5, p. 758. a mi who entitled to. August 3, 1846. No. 296.—AN ACT to grant the right of preemption to actual settlers on the lands Vol. 9, p. 50. acquired by treaty from the Miami Indians in Indiana. Pre-emption Be it enacted, &c., That every actual settler, being the head of a rights on the Mi- family, or widow or single man over the age of twenty-one years, cessious, who is now in possession, by actual residence as a housekeeper, of any tract of public land within the limits of the several cessions by the Miami Indians in Indiana, which have not yet been proclaimed for sale by the President, or any such person who shall hereafter settle, erect a dwelling-house, and become a housekeeper upon any such tract of land, shall be entitled to the same benefits and privileges, with respect to said land, as was granted to settlers on other lands by the act approved twenty-second of June, eighteen hundred and thirty-eight, entitled "An Act to grant preemption rights," and the several amendatory provisions of said act, effected by the subsequent acts bearing date first June, eighteen hundred and forty, and Minimum price. third March, eighteen hundred and forty-three: Provided, That the minimum price per acre of said land shall be two dollars per acre. Claimant SEC. 2. And be it further enacted, That, in every case, the affidavit of make oath as pre- the claimant under this act shall be like unto that prescribed by the scribed by act of act of twenty-second June, eighteen hundred and thirty-eight, and the 1838. same shall be filed, and proof and payment made for the land claimed, at any time before the day fixed by the President's proclamation for the public sale of the said land: Provided, That where a tract of land is now settled upon, a settlement made on such tract subsequent to the date of this law shall confer no right on the last-mentioned settler; and where settlements shall hereafter be made, the right shall be in the Prior settlers first settler, who shall otherwise comply with the conditions of this to have preferlaw. (a) ence. to (a) See No. 303. August 8, 1846. Certain lands trict in Indiana, No. 297.-AN ACT to attach to the Fort Wayne land district certain tracts of land lying within the limits of that district which are not now attached to any district. Be it enacted, &c., That all the lands in the State of Indiana which lie attached to Fort north of the township line dividing townships twenty-three and twentyWayne land dis- four, and east of the range line dividing ranges four and five east, which lie south of the Wabash River, be, and the same are hereby, attached to the Fort Wayne land district; and all that tract of land which lies north of the township line dividing townships twenty-three and twentyfour, and west of the range line dividing ranges four and five east, and east of the east line of the Crawfordsville land district, be attached to and shall form a part of the Winnemac land district; and all the lands lying south of the said township line, dividing the said townships twenty three and twenty-four, which were heretofore within the limits of the Fort Wayne land district, including the portions of the late Miami cessions south of said line, be, and the same are, attached to the Indianapolis land district; and all lands lying within any of the aforesaid land districts, which may not have been offered for sale, shall hereafter constitute a part of the land district in which they respectively lie. (a) (a) See Nos. 196, 205, 207, 231, 237, 238, 247, 256, 265, 310, 312, 314, 316. Jan. 26, 1847. March 3, 1847. No. 298.-AN ACT declaring the assent of Congress to certain States to impose a tax upon all lands hereafter sold by the United States therein, from and after the day of such sale. [See OHIO, No. 169.] No. 299.- AN ACT relinquishing to the city of Madison, in the State of Indiana all the right and title of the United States to a certain strip of unsurveyed land lying within the limits of said city, and bordering on the Ohio River. Boundaries of Be it enacted, &c., That all the right, title, and interest of the United a tract of land States in and to all that unsurveyed strip or parcel of land lying and hereby relinquished to the being in the county of Jefferson, and State of Indiana, bounded as folcity of Madison, lows, viz.: Beginning at the southeast corner of fractional section number one; thence westwardly, along the south line of fractional sections one, two, and three, all in township "three" north, of range "ten east, until said line strikes the southwest corner of said fractional section numbered "three;" thence from the corner last mentioned, due south, to low-water mark on the Ohio River; thence eastwardly, up and following the meanderings of the river at low-water mark, to a point directly opposite the southeast corner of said fractional section numbered one; thence north, from the point last aforesaid, to the place of beginning of the lands, lying and being in the Jeffersonville land district, be, and the same is hereby vested in the city of Madison, for the sole use and benefit of said city. No. 300.-AN ACT for the relief of the widow and heirs of John B. Chaudonia. March 3, 1847. Widow of John thorized to enter Be it enacted, &c., That Mary L. Chaudonia, for and in consideration of services rendered by her husband, John B. Chaudonia, to the United States, during the late war, be, and she is hereby, authorized to enter, B. Chaudonia auin any land office in the State of Indiana, without paying money there a half-section of for, any unappropriated half-section of public land liable to entry at private sale; for which she shall be entitled to, and shall receive, a patent from the United States vesting the title thereof, in fee-simple, in her and her heirs. land. Patent to issue. Chaudonia au SEC. 2. And be it further enacted, That Charles B. Chaudonia and Mary Children and L. Breset, children and heirs of John B. Chaudonia, deceased, for and in heirs of John B. consideration of services rendered by their father to the United States thorized to enter during the late war, be, and they are hereby, authorized to enter, in each a quarter. any land office in the State of Indiana, without paying money therefor, section of land. each for themselves, one quarter-section of any unappropriated public lands liable to entry at private sale; for which they shall be entitled to, and shall receive, a patent from the United States vesting the titles sue. thereof, in fee-simple, in them and their heirs. Patents to is No. 301.-AN ACT for the relief of the heirs of Hyacinth Lasselle. Whereas, by an act of the Congress of the United States, entitled "An act for the relief of Hyacinth Lasselle," approved the twenty-first day of July, in the year eighteen hundred and forty, the said Hyacinth Lasselle was authorized to locate five hundred and sixty acres of land at any land office in the State of Indiana, at any time prior to the fourth day of March, in the year eighteen hundred and forty-three, by paying the minimum price fixed for such lands, for eighteen acres and fortysix hundredths of an acre, part and parcel of said tract of five hundred and sixty acres: and whereas, also, the said Hyacinth Lasselle has deceased without perfecting the location of said land: Therefore March 3, 1847. Preamble. to locate a cer Be it enacted, &c., That it shall be lawful for the heirs of the said Las- Hyacinth Las selle to locate the said tract of land in said act contemplated, at any selle authorized time prior to the fourth day of March, eighteen hundred and forty-nine, tain tract of land at any land office in said State of Indiana, after any lands therein may at any time prior have been offered at public sale, by paying the said minimum price for to March 4, 1849. the said eighteen acres and forty-six hundredths, as by said act is provided: Provided, That no tract of land shall be selected, in virtue of this act, upon which there may be improvements made, without the consent of such person or persons who have made such improvements first obtained in writing, and filed with the proper land officers where the location may be made. (a) (a) See Nos. 288, 293. No. 302.-AN ACT in addition to an act therein mentioned. Whereas, by a certain act approved March second, eighteen hundred and twenty-seven, there was granted to the State of Indiana, to aid in constructing the Wabash and Erie Canal, "a quantity of land equal to one-half of five sections wide on each side of said canal;" and whereas, by an act approved February twenty-seventh, eighteen hundred and forty-one, there was confirmed to said State the lands selected under said grant for that part of said canal, between the mouth of Tippecanoe River and Terre Haute, and license was given to said State to select Proviso. May 9, 1848. Grant of lands to Indiana. other lands subject to private entry, or such part of said selection as was holden against the State by the legal incumbrance or title of others, which last selections have never been made and completed: Therefore, Be it enacted, &c., That the State of Indiana be, and is hereby, authorized to select out of any of the public land in said State subject to private entry, a quantity of land which, together with the land already received and holden by said State for the construction of the said Wabash and Erie Canal, will make the full amount equal to one-half of five sections in width on each side of said canal: Provided, nevertheless, Whence to be That no selection shall be made of any land but such as was subject to selected. private entry on the first day of April, anno Domini one thousand eight hundred and forty-eight. (a) (a) See Nos. 239, 245, 254, 255, 72, 289, 291, 294. Aug. 7, 1848. Vol. 9, p. 275. Pre-emption in Indiana enti No. 303.-AN ACT for the relief of those preemption claimants upon the Miami lands in Indiana, who, by their services in the Mexican war, are entitled to bounty land. Be it enacted, &c., That those persons who are entitled to bounty-land claimants upon warrants for one hundred and sixty acres in virtue of their own services the Miami lands during the present war with Mexico, and who may likewise be entitled tled to bounty to the right of preemption upon the Miami lands in Indiana, under the lands may apply act of the third of August, eighteen hundred and forty-six, shall have their warrants in the privilege of applying their warrants in payment or part payment payment. Proviso. for the tract to which they may establish their right of preemption; said warrant to be estimated, when received as aforesaid, at the sum of one dollar and twenty-five cents for each acre therein contained: Provided, That in no case shall the Government be required to refund any excess of the estimated amount of said warrants, over and above the price of the tract claimed to be entered; and should the tract claimed to be entered as aforesaid exceed, at the rate fixed by law, the said sum, then and in such case the balance of the purchase money of said tract shall be paid in cash. (a) (a) See No. 296. Aug. 30, 1850. Preamble. No. 304.—AN ACT for the relief of Al-lo-lah and his legal representatives and their grantees. Whereas, in the survey and location of the section of land granted to "Al-lo-lah," by the twelfth article of the treaty concluded at the Forks of the Wabash, Indiana, on the sixth November, A. D. eighteen hundred and thirty-eight, and ratified February eighth, eighteen hundred and thirty-nine, between the United States and the Miami tribe of Indians, a mistake was made, whereby the same was located below and adjoining the section granted to Mais-shir-goim Mi-yah, and on the same creek, and not above, as required by the provisions of said treaty; and whereas, since the erroneous location of said reserve, the section described in said treaty has been sold and conveyed to bona-fide purchasers by the United States; and whereas, since the death of said Allo-lah, his legal heirs have sold and conveyed their interest in said reservation to Cot-te-se-pawn and his heirs The title to cerBe it enacted, &c., That the title of the lawful heirs of Cot-te-se-pawn tain land to be in and to the reserve situate in township twenty-seven, north of range as perfect to the seven east of the second principal meridian, Indiana, surveyed and heirs of Cot-te-se- designated as survey number twenty-one, containing six hundred and pawn as to Al·lo forty acres, according to the map of Indian grants certified by the surlah. veyor-general on the second of September, A. D. eighteen hundred and forty, be confirmed as fully and effectually as if the same had been originally reserved to Al-lo-lah by the treaty above recited; and that upon Patent to issue. the surrender of the patent heretofore issued to the said Al-lo-lah, another patent be issued therefore to Cot-te-se-pawn and to his heirs: Provided, however, That the said land remain subject to such contracts and liabilities as may have lawfully accrued against and upon the same during the life-time of the said Cot-te-se-pawn. Proviso. No. 305.-AN ACT to supply a deficiency to the State of Indiana in a township of land granted to said State for the use of a State university, by an act of Congress approved nineteenth of April, eighteen hundred and sixteen. July 12, 1852. Be it enacted, &c., That there be supplied to the State of Indiana, for Grant of land the sole and exclusive use of the State university, an equal number of to Indiana for a acres of land found to be deficient in the original grant, and which has university. been otherwise appropriated by Congress, amounting to four thousand one hundred and sixty-six acres, and that said lands be selected, under the direction of the governor of the State, from any lands now in market in said State belonging to the United States, the proceeds of which shall be appropriated solely to the use of said State university, and shall never be diverted to any other purpose whatever. (a) (a) See Nos. 196, 215, 217, 307. No. 306.—AN ACT to enable the legislature of the State of Indiana to dispose of the unsold saline lands in said State. July 12, 1852. Be it enacted &c., That so much of the act of Congress entitled "An act to authorize the legislature of the State of Indiana to sell and con- 1832 repealed. vey certain lands granted to said State for the use of the people thereof," approved July third, eighteen hundred and thirty-two, as provides that said lands shall not be sold for a less price than [that] at which the public lands are sold, be, and the same is, hereby repealed. (a) (a) See No. 261. No. 307.-AN ACT to indemnify the State of Indiana for the failure of title to a township of land granted to said State on her admission into the Union in eighteen hundred and sixteen. Feb. 23, 1854. Preamble. Whereas by a decision of the Supreme Court of the United States, made January twenty-fifth, eighteen hundred and fifty-three, the State of Indiana has lost one out of the two townships of land granted to her for the use of a State University by act of April sixteenth [nineteenth] eighteen hundred and sixteen, and has become liable to refund to a private corporation the proceeds of said township heretofore appropriated to the support of the State university of Indiana-for remedy thereof: Be it enacted, &c., That the governor of the State of Indiana be au- 19,040 acres of thorized to select out of lands of the United States, within the said land granted to State, now subject to private entry, nineteen thousand and forty acres university. of land in legal subdivisions, and shall certify the same to the Secretary of the Interior, who shall, forthwith, on receipt of said certificate, issue, to the State of Indiana, patents for said lands: Provided The proceeds of said lands, when sold, shall be, and forever remain, a fund for the use of the Indiana University. (a) (a) See Nos. 196, 215, 217, 305. No. 308.-AN ACT to ascertain and adjust the titles to certain lands in the State of Indiana for July 27, 1854. a Commission Extent of the Be it enacted, &c., That the register and receiver of the land office at Vincennes, together with a fit and proper person, learned in the law, constituted; comand a citizen of Indiana, to be appointed by the President of the United missioners. States, are hereby constituted commissioners to ascertain and adjust the title of any claimant to any tract of land, or any part or subdivision thereof, granted by the resolve of Congress of the twenty-ninth of claims to be exAngust, seventeen hundred and eighty-eight, and the act of the third amined. of March, seventeen hundred and ninety-one, entitled "An act for granting lands to the inhabitants and settlers at Vincennes, and the Illinois country in the territory northwest of the Ohio, and for confirming them in their possessions," and the several acts in aid of, and supplementary thereto. (a) Claimants present to their claims; when and to whom. SEC. 2. And be it further enacted, That every such claimant to any tract of land so granted, or any part or subdivision thereof, shall, within six months after the publication of the notice hereinafter provided for, file. his claim in writing, with the said register, in which he shall specific- Specification. ally set forth such facts as shall be required in the instructions of the Commissioner of the General Land Office. |