Abbildungen der Seite
PDF
EPUB

enter upon any of the public lands of the United States a quantity of land equal in extent to that sold by the Government: Provided, That said entry be made only on lands subject to private entry at one dollar and twenty-five cents per acre, and as far as may be possible in legal divisions and subdivisions, according to the surveys made by the United States.

Proviso.

mitted before

SEC. 7. And be it further enacted, That whenever any claim is presented Evidence offor confirmation under the provisions of this act, which has heretofore fered to former been presented before any board of commissioners under authority of boards to be adCongress, the facts reported as proven by the former board shall be Commissioner. taken as true prima facia; and the evidence offered before such former board, and remaining of record, shall be admitted on the examination of the claims made under the provisions of this act.

til, &c.

SEC. 8. And be it further enacted, That no land claimed under the Lands claimed provisions of this act shall be offered for sale, or otherwise disposed of under this act, by the officers of the United States, until the final decision shall be not to be sold unmade on the validity of such claim; and in no case where land is possessed or cultivated by private persons shall it be entered upon or sur- Cultivated land veyed as public land, or offered for sale, without previous notice given not to be surto those in possession, requiring them to present their claims for con- veyed, &c., firmation; and if within sixty days from the date of such notice such ont, &c. claim shall not have been filed, then the proper officers of the Government may proceed to the survey or sale of such lands as public lands, without prejudice, however, to the legal rights of the possessor or claimant, if any he have.

with

fees for record

SEC. 9. And be it further enacted, That before the boards of commis- Claimants to sioners shall be required to receive for record any notice, paper, evi- advance certain dence of title, or testimony, in support of any claim, the claimant shall ing. pay to said board the sum of twenty-five cents for every hundred words required to be recorded, which shall be in full consideration for the recording and the transcript required to be forwarded to the Commissioner of the General Land Office.

SEC. 10. And be it further enacted, That at the commencement of each Commissioner regular session of Congress, it shall be the duty of the Commissioner of of General Land the General Land Office to make report of all that has been done under Office to report to Congress. the provisions of this act by the several officers charged with its execution.

SEC. 11. And be it further enacted, That in any case of such a claim to Proceedings lands as is herein before in the first section of this act mentioned, where where lands have the lands claimed have not been in possession of and cultivated by the not been held original claimant or claimants, or those holding title under him or them, twenty years, but are claimed by for the period of twenty years aforesaid, and where such lands are complete grant, claimed by complete grant or concession, or order of survey duly 'exe- &c. cnted, or by other mode of investiture of the title thereto in the original claimant or claimants, by separation thereof from the mass of the public domain, either by actual survey or definition of fixed natural and ascertainable boundaries or initial points, courses and distances, by the competent authority, prior to the cession to the United States of the territory in which said lands were included, or where such title was created and perfected during the period while the foreign governments from which it emanated claimed sovereignty over or had the actual possession of such territory, the person or persons, his, her, or their heirs, devisees, legal representatives or grantees, so claiming such lands, may, at their option, instead of submitting their claim to the officer or officers hereinbefore mentioned, proceed by petition in any district court of the United States within whose jurisdiction the lands or any part of Petition to Fedthe lands claimed may lie, unless such claim comes within the purview eral district of the third section of this act; to which petition the United States court. shall be made defendant, and it shall be verified by the oath of the party or parties, and conform to the provisions of section one of this Proceedings act, and to the practice of such court in chancery, and the attorney of the United States for such district shall defend against the same for the United States; and the court shall decide the claim valid or invalid according to the principles established in this act, and decree accordingly. If the decree be against the United States, an appeal shall be entered to the Supreme Court of the United States; and if it be against the claimant or claimants, he or they may take an appeal directly to that court, as of right and course, without affidavit or security other than for costs; and the same shall be adjudged de novo in the Supreme Court as in other cases of appeals thereto in chancery, and as equity

thereon.

force.

and justice and the principles aforesaid may require; which decision shall be final, and patent shall thereupon issue, if the claim be adjudged valid, for so much of the lands claimed as remain unsold; and for so much as may have been sold, the provisions of section six of this act shall apply and be in force.

Act, how long SEC. 12. And be it further enacted, That this act shall be and remain to remain in in force during the term of five years, unless sooner repealed by Congress; and all claims presented or sued upon, according to the provisions of this act, within the said term of five years, may be prosecuted to final determination and decision, notwithstanding the said term of five years may have expired before such final deter mination and decision. (a)

June 25, 1860.
Vol. 12, p. 113.
Land to be

(a) See Nos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723. 724, 728, 731, 732, 737, 758, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 89, 899, 904, 911, 946, 956, 961, 967

No. 958.—AN ACT to grant to the parish of Point Coupee, Louisiana, certain tracts of land in said parish.

Be it enacted, &c., That the tracts of land in the parish of Point given parish of Coupee, Louisiana, which have been in ancient occupancy as the site Point Coupee. of a church and court-house, and which are designated on the plats of the public surveys as sections twenty-three and twenty-four, in township four, south, of range ten, east, in the southeastern district, Louisiana, be, and the same are hereby, granted to the said parish of Point Coupee, on the condition that the aforesaid section twenty-four, or the church site, shall be held by said parish for the use of the Catholic congregation now occupying it for public worship and as a buryingground; but not to the prejudice of a valid adverse right, if such exist.

Condition.

March 17, 1862.
Vol. 12, p. 371.

Certificates

No. 959.-AN ACT authorizing floats to issue in satisfaction of claims against the United States for lands sold by them within the Las Ormigas and La Nana grants, in the State of Louisiana.

Be it enacted, &c., That it shall be the duty of the Commissioner of may be issued to the General Land Office to issue and deliver to the respective owner or Ormigas and La Owners of the Las Ormigas and La Nana tracts of land, formerly Nana tracts of situate in the parish of Natchitoches, now parishes of Sabine and De

owners of the Las

land.

Soto, in the State of Louisiana, or to his or their assigns or other legal representatives, certificates or floats, in the usual form, for so much land as may have been at any time heretofore sold, donated, granted, or reserved by the United States within said tracts of land or either of How located. them; and which certificates or floats may be located by the owner or holder thereof on any lands belonging to the United States, and subject to private entry at a price not exceeding one dollar and twentyfive cents per acre, and which certificates or floats shall be in full satisfaction of all claims against the United States for lands so sold, Title to be first donated, granted, or reserved: Provided, That as a condition prece dent to the issuing of the floats hereinbefore authorized, the claimant, or claimants, shall present to the Commissioner of the General Land Office satisfactory evidence of title thereto, and that such claimants have been and continue to be loyal to the Government of the United Certificates not States: And provided further, That such certificates and floats shall to exceed a cer- not exceed in gross seventeen thousand four hundred and seventyseven and sixty-two hundredths acres. (a)

shown.

tain amount.

[blocks in formation]

SEC. 2. And be it further enacted, That this act shall take effect immediately.

(a) See No. 960.

June 30, 1864.
Vol. 13, p. 326.

locations.

No. 960.—AN ACT authorizing the issue of patents for locations made with certificates granted under authority of the act of Congress, approved March seventeenth, eighteen hundred and sixty-two, allowing floats in satisfaction of lands sold by the United States within the limits of the Las Ormegas and La Nana grants in Louisiana.

Patents may is- Be it enacted, &c., That in the case of all locations made with certifisue for certain cates issued under the act of Congress approved seventeenth March, eighteen hundred and sixty-two, "authorizing floats to issue in satisfaction of claims against the United States for lands sold by them within the Las Ormegas and La Nana grants, in the State of Louis

iana," it shall and may be lawful for the Commissioner of the General Land Office to cause patents to issue for such locations, where the same may be found bona fide and satisfactory to the said Commissioner. (a)

(a) See No. 959.

No. 961.-AN ACT to extend the provisions of an act entitled "An act for the final adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes."

March 2, 1867.

Vol. 14, p. 544.

Be it enacted, &c., That the provisions of the act entitled "An act for Extended for the final adjustment of private land claims in the States of Florida, three years. Louisiana, and Missouri, and for other purposes," approved June twentysecond, eighteen hundred and sixty, be, and the same are hereby, extended, and the same shall continue in force for a period of three years from and after the passage of this act. (a)

(a) See Nos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737, 738. 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 826, 852, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 967.

July 14, 1870.
Vol. 16, p. 277.

declared forfeit

No. 962.—AN ACT to declare forfeited to the United States certain lands granted to the State of Louisiana to aid in constructing a railroad therein. Be it enacted, &c., That all the lands which were granted by Congress, Certain lands in the year eighteen hundred and fifty-six, to the State of Louisiana, to granted to Louisaid in the construction of the New Orleans, Opelousas, and Great West- iana in aid, &c., ern Railroad, and which have not been lawfully disposed of by the said ed to the United State under said grant, which has expired by limitation, or by act of States. Congress since the original grant, are hereby declared forfeited to the United States, and these lands shall hereafter be disposed of as other public lands of the United States. (a)

(a) See Nos. 822, 828, 829, 920, 924, 964, 956.

No. 963.—AN ACT to provide for the disposition of useless military reservations. [Military reservation at Forts Jessup and Sabine to be sold. See WASHINGTON TERRITORY, No. 2305.]

Feb. 24, 1871.

Vol. 16, p. 430.

No. 964.-AN ACT to incorporate the Texas Pacific Railroad Company, and to aid in the construction of its road, and for other purposes.

[Grant of lands to New Orleans, Baton Rouge, and Vicksburg Railroad Company. See CALIFORNIA, No. 2391.]

March 3, 1871.
Vol. 16, p. 573.

No. 965.-AN ACT authorizing the President of the United States to re-establish the March 16, 1872 Monroe land district in the State of Louisiana.

Vol. 17, p. 40.

Monroe land

Be it enacted, &c., That the President of the United States be, and he is hereby, authorized; if in his judgment the public interests would be district in Lonissubserved thereby, to re-establish the Monroe land district in the State iana re-estab lished. or Louisiana, with the same boundaries that existed before the consolidation of said land district with the land district at New Orleans. (a) (a) See Nos. 701, 704, 708, 710, 711, 718, 731, 737, 740, 831, 879.

No. 966.-AN ACT supplementary to an act entitled "An act to incorporate the
Texas Pacific Railroad Company, and to aid in the construction of its road, and for
other purposes," approved March third, eighteen hundred and seventy-one.
[Texas and Pacific Railroad Company authorized to construct a road
between Marshall, Texas, and Shreveport, Louisiana. See CALIFORNIA,
No. 2395.]

May 2, 1872.
Vol. 17, p. 59.

June 10, 1872. No. 967.-AN ACT to extend the provisions of an act entitled "An act for the final Vol. 17, p. 378. adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes."

Provisions of Be it enacted, &c., That the provisions of the act entitled "An act for act for adjusting the final adjustment of private land claims in the States of Florida, private land claims in Florida, Louisiana, and Missouri, and for other purposes," approved June twenty&c., extended for second, eighteen hundred and sixty, be, and the same are hereby, extended, and the same shall continue in force for a period of three years from and after the passage of this act.

three years.

since, &c., to have

firmed.

Claimants, if SEC. 2. That all persons claiming land as specified in the first section possession has of said act may have their claims confirmed, in accordance with the been continuous forms and in the manner prescribed in said act, in all cases where it their claims con- shall be satisfactorily proved that the claimants, and those from whom they derive title, have held continuous possession of the land claimed, from the date of the cession to the United States of the territory out or which the States of Florida, Louisiana, and Missouri were formed. (a) (a) See Nos. 699, 701, 703, 704, 705, 708, 710, 712, 716, 718, 721, 722, 723, 724, 728, 731, 732, 737, 738, 739, 740, 745, 746, 749, 752, 753, 777, 790, 817, 819, 825, 852, 863, 864, 873, 889, 899, 904, 911, 946, 956, 957, 961.

May 5, 1880. Vol. 21, p. Tract of land confirmed.

Patent to issue.

Proviso.

No. 968.-AN ACT to confirm the title of Charles Olivier Duclozel to certain lands in the State of Louisiana.

Be it enacted, &c., That a certain tract of land, of ten arpents front by forty arpents in depth, on the west side of Bayou Teche, being section seventy-nine, in township ten south, of range six east, in the State of Louisiana, as per plat of the United States consolidated land office, district of Louisiana, be, and the same is hereby, confirmed to and in Charles Olivier Duclozel, his heirs or assigns.

SEC. 2. That the Secretary of the Interior of the United States is hereby authorized, directed, and required to issue a patent for the lands aforesaid, herein described, to said Charles Olivier Duclozel: Provided, That this act and the said patent shall be considered and construed only as a quit-claim on the part of the United States of such title only as the United States have a legal and equitable right to convey, and shall not affect the rights or interests of any other claimants, or affect or preclude any judicial investigation.

June 16, 1880.
Vol. 21, p.

confirmed to

No. 969.-AN ACT to confirm to John Hepting and others title to certain lands. Be it enacted, &c., That all the right title claim and interest of the Certain land United States to certain tracts of land on the right bank of the MissisLady Abbess and sippi River opposite the city of New Orleans in the parish of Jefferson community of Ur- and now the site of the village of Mechanicham and described as a tract suline Lady Nuns of land fronting sixteen arpents on the river by forty arpents in depth of New Orleans. between parallel lines and further described in the official maps of the

Proviso.

General Land Office of the United States as sections three and five, thirty-four, thirty-five and thirty-six in township thirteen south, range twenty-four east, and sections forty, forty-one, forty-two, fifty-seven, fifty-eight and fifty-nine in township fourteen south, range twenty-four east southeast, district of Louisiana, be and the same is hereby granted and conveyed to the Lady Abbess and community of Ursuline Lady Nuns of New Orleans, Louisiana, their successors transferrees vendees and assignees: Provided, That this shall have the effect only of a quitclaim of all the right title and interest of the United States therein, not to affect any valid adverse right or title to said land nor create any liability on the part of the United States.

MISSOURI.

No. 970.-AN ACT making compensation to John Eugene Leitensdorfer for serv ices rendered the United States in the war with Tripoli.

Feb. 13, 1811.
Vol. 6, p. 97.
Land warrant

Be it enacted, &c., That the Secretary of War be, and he is hereby directed to issue a land warrant to John Eugene Leitensdorfer for three to be granted to hundred and twenty acres; which said warrant may, at the option of Leitensdorfer. the holder or possessor, be located with any register or registers of the land offices on any of the public lands of the United States, lying on the west side of the Mississippi, then and there offered for sale, or may be received at the rate of two dollars per acre in payment of any such public lands. (a)

(a) See No. 1032.

June 4, 1812.
Vol. 2, p. 743.
Louisiana to be

No. 971.—AN ACT providing for the government of the Territory of Missouri. Be it enacted, &c., That the Territory heretofore called Louisiana shall hereafter be called Missouri, and that the temporary government of the Territory of Missouri shall be organized and administered in the man- called Missouri. ner herein after prescribed. (a)

*

SEC. 15. And be it further enacted, That the general assembly shall Limitation of never interfere with the primary disposal of the soil by the United States the powers of the in Congress assembled, nor with any regulation Congress may find ne- general assembly. cessary to make for securing the title in the bona-fide purchasers: no tax shall ever be imposed on lands the property of the United States. The lands of non-resident proprietors shall never be taxed higher than those of residents. The Mississippi and Missouri rivers, and the navi- Mississippi gable waters flowing into them, and the carrying places between the and Missouri same, shall be common highways and forever free to the people of the rivers, &c., to be said Territory and to the citizens of the United States, without any tax, duty or impost therefor.

free.

Laws to con

commis

Repugnant pro

SEC. 16. And be it further enacted, That the laws and regulations in force in the Territory of Louisiana, at the commencement of this act, and not tinue in force, &c. inconsistent with the provisions thereof, shall continue in force until altered, modified or repealed by the general assembly. And it is hereby This act not to declared that this act shall not be construed to vacate the commission vacate sions. of any officer in the said Territory, acting under the authority of the United States, but that every such commission shall be and continue in full force as if this act had not been made. And so much of an act, en visions of act of tituled "An act further providing for the government of the Territory March 3, 1805, of Louisiana," approved on the third day of March, one thousand eight and of act hundred and five, (b) and so much of an act, entituled “An act for March 26, 1904, erecting Louisiana into two territories and providing for the temporary repealed. government thereof," approved the twenty-sixth of March, one thousand eight hundred and four, (c) as is repugnant to this act, shall from and after the first Monday in December next be repealed. On which first Monday in December next this act shall commence and have full mence first Mon force: Provided, So much of it as requires the governor of said Territory 1812. day of December to perform certain duties previous to the said first Monday of Decem

her next shall be in force from the passage thereof.

(a) See Nos. 989, 990, 991, 1034, 1043, 1045, 1068, 1071, 1076.

(b) See No. 702.

(c) See No. 699.

of

This act to com

« ZurückWeiter »