board ap. pointed to adjust west of Pearl river, ploy an assistant ish language, etc. be allowed $50 per and unfounded. And each of the said boards of commissioners shall have the same powers to compel the attendance of witnesses as are now vested in the courts of the United States. SEC. 5. And be it further enacted, That the board of The commissioners appointed to adjust the claims to lands lying claims to lands west of Pearl river shall be authorized to employ an assist- authorized to em ant clerk, and also a translator of the Spanish language, to clerk, and a transassist them in the despatch of the business which may be later of the Spanbrought before them, and for the purpose of recording Spanish grants, deeds, or other evidences of claims, on the register's books; the said translator shall receive for the re- The translator may cording done by him the fees already provided by law, and month, besides the may be allowed not exceeding fifty dollars for every month fees, provided, etc. he shall be employed: Provided, That the whole compensation, other than that arising from fees, shall not exceed six hundred dollars; the assistant clerk shall be allowed a sum not exceeding five hundred dollars for his services; and each of the commissioners of the said board, in addition to the compensation now fixed by law, shall be allowed six dol- allowed $5 for eve lars for every day he shall attend on the board after the last ry day he attends, day of November, in the year one thousand eight hundred etc. and four: Provided, That this additional compensation shall not exceed two thousand dollars for each of the said commissioners. The assistant clerk be allowed not exceeding $500. Each of the com missioners to be etc. in addition, the lands south of ceive an annual by virtue of Span SEC. 6. And be it further enacted, That, from and after The surveyor of the first day of April, in the year one thousand eight hun- Tennessee to redred and four, the surveyor of the lands of the United States compensation of south of the State of Tennessee shall receive an annual 82,000 in lieu, etc. compensation of two thousand dollars, in lieu of the annual compensation now fixed by law. And the lands claimed by The lands claimed virtue of Spanish grants, legally and fully executed, and the ish grants, etc. to titles to which were confirmed by the articles of agreement the expense of the and cession between the United States and the State of United States, etc. Georgia, shall be surveyed, in the manner prescribed by the act to which this is a supplement, at the expense of the United States, any thing in the said act to the contrary notwithstanding. be surveyed, etc. at try described, an SEC. 7. And be it further enacted, That the tract of coun- The tract of country lying north of the Mississippi Territory, and south of the nexed to the Mis State of Tennessee, and bounded on the east by the State sissippi Territory. of Georgia, and on the west by Louisiana, shall be, and the same is hereby, annexed to, and made a part of, the Mississippi Territory." * *See ante, chapter 46. tion of the act men SEC. 8. And be it further enacted, That so much of the Part of the 8th seceighth section of an act entitled "An act regulating grants tioned, repealed. of land, and providing for the disposal of the lands of the United States, south of the State of Tennessee," as pro- +Ante, chapter 62. vides "that no certificate shall be granted for lands lying east of the Tombigbee river," be, and the same hereby is, repealed: Provided, That no certificate shall be granted cate to be granted for any lands to which the Indian title has not been extin- the Indian title has guished. Proviso; no certifi for lands to which not been extinguished. The commission ers appointed in act referred to, required, &c. to make a full report the Treasury, of SEC. 9. And be it further enacted, That the commissionpursuance of the ers appointed in pursuance of the act aforesaid be, and they are hereby, authorized and required to make, on or before to the Secretary of the first day of December next, a full report to the Secreclaims held by tary of the Treasury of all claims that have been or may warrant, &c., in be laid before them, for lands held by warrant of survey claimants were and improvement, in cases where the claimants were minors, and not heads of families, at the time such warrants were issued, with the circumstances which occasioned the issuing of such warrants, and the validity which has been considered as attached to the same. cases where the minors, &c. Not exceeding g20,000 appropri SEC. 10. And be it further enacted, That for the purpose ated for carrying of carrying this act into effect, a sum not exceeding twenty this act into effect, thousand dollars shall be, and the same is hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated. &c. part of the 12th sec The execution of SEC. 11. And be it further enacted, That the execution tion of the act re. Of so much of the twelfth section of the act to which this is ferred to suspend a supplement as excepts "such town lots, not exceeding ed, &c. Transcripts of records of the British Florida, to claims weight, &c. as if the time mentioned, &c. two, in the town of Natchez, and such an out-lot adjoining the same, not exceeding thirty acres, as may be the property of the United States, to be located by the Governor of the Mississippi Territory for the use of Jefferson College," be, and the same is hereby, suspended until the end of the next session of Congress. SEC. 12. And be it further enacted, That transcripts of the province of West records of the British province of West Florida to claims for for land, &c. to be land therein, and which have been delivered to the Goventitled to the same ernment of the United States, may be produced as evidence, delivered within and shall be entitled to the same weight, in any court of the United States, as if the same had been delivered or shall be delivered to either of the registers of the land offices in the Mississippi Territory, before the last of March, one thousand eight hundred and four, any thing in this act, or in the fifth section of the act to which this is a supplement, to the contrary notwithstanding. 3,000 dollars appropriated for extend ing the external United States, ex commerce of the ploring limits, &c. Major General La to locate and sur lowed him, by the SEC. 13. And be it further enacted, That the sum of three thousand dollars be, and the same is hereby, appropriated for the purpose of extending the external commerce and exploring the limits of the United States in the new acquired territory of Louisiana, out of any moneys in the Treasury not otherwise appropriated. SEC. 14. And be it further enacted, That Major General fayette authorized Lafayette be, and he is hereby, authorized and empowered vey the lands al- to locate and survey the lands allowed him by the fourth 4th section of the section of an act entitled "An act to revive and continue in act mentioned, on any lands, &c. in force an act in addition to an act entitled 'An act in addition to an act regulating the grants of land appropriated for military services, and for the Society of United Brethren for propagating the Gospel among the Heathen, and for other purposes,' on any lands, the property of the United States, in the Territory of Orleans; and, on presenting the the Territory of Or leans, &c. *Ante, chap. 64. surveys of the said land to the Secretary of the Treasury, the President of the United States is hereby authorized to issue letters patent to the said Major General Lafayette for the quantity of lands allowed by the said act. Approved, March 27, 1804. [See Part II, Nos. 13, 19, 618, 626, 635, 655, 656, 768, 769, 773, 819, 824, 843, 844, 846, 848, 849, 852, 854, 858, 859, 860, 861, 866, 869, 874, 877, 879, 880, 881, 882, 883, 885, 886, 887, 889, 890, 893, 898, 903, 904, 914, 915, 918, 929, 940, 949, 953, 955.] CHAP. 72.-An act concerning the mode of surveying the public lands of the United States. eral to cause the were subdivided, ed into sections, in scribed, &c. eral to cause the SEC. 1. Be it enacted by the Senate and House of Repre- The surveyor gen sentatives of the United States of America in Congress as- lands north of the sembled, That the surveyor general shall cause all those Ohio, which, &c. lands north of the river Ohio, which, by virtue of the act &c. to be subdivid entitled "An act providing for the sale of the lands of the the manner deUnited States in the Territory northwest of the river Ohio, and above the mouth of the Kentucky river,"* were subdivided, *Chap 42. by running through the townships parallel lines, each way, at the end of every two miles, and by marking a corner on each of the said lines, at the end of every mile, to be subdivided into sections, by running straight lines from the mile corners thus marked to the opposite corresponding corners, and by marking on each of the said lines intermediate corners, as nearly as possible equidistant from the corners of the sections on the same. And the said surveyor general shall also cause The surveyor genthe boundaries of all the half sections which had been pur- boundaries of all chased previous to the first day of July last, and on which the half sections the surveying fees had been paid according to law by the to the 1st of July, purehaser, to be surveyed and marked, by running straight veyed and marked, lines from the half-mile corners heretofore marked to the opposite corresponding corners; and intermediate corners Intermediate corshall, at the same time, be marked on each of the said divi- on each of the diding lines, as nearly as possible equidistant from the corners viding lines, &c. of the half section on the same line: Provided, That the Proviso; the whole whole expense of surveying and marking the lines shall not ing, &c. not to exexceed three dollars for every mile which has not yet been very ill, ars, for surveyed, and which shall be actually run, surveyed, and marked, by virtue of this section. And the expense of ma- The king the subdivisions directed by this section shall be de- jons, &c. to be defrayed out of the moneys appropriated, or which may be frayed out of the hereafter appropriated, for completing the surveys of the ted for completing public lands of the United States. purchased previous 1804, &c. to be sur &c. ners to be marked expense of survey every mile, &c. expense of making subdivis moneys appropriathe surveys of the public lands. and contents of the &c. to be ascertain. SEC. 2. And be it further enacted, That the boundaries The boundaries and contents of the several sections, half sections, and quar- several sections, ter sections, of the public lands of the United States, shall ed, in conformity be ascertained in conformity with the following principles, stated. with the principles any act or acts to the contrary notwithstanding: 1. All the corners marked in the sur to be established as of sections, &c. 1st. All the corners marked in the surveys, returned by veys returned, &c. the surveyor general, or by the surveyor of the land south of the proper corners the State of Tennessee, respectively, shall be established as the proper corners of sections, or subdivisions of sections, The corners of half which they were intended to designate; and the corners of tions, not marked half and quarter sections, not marked on the said surveys, be placed, as near- shall be placed, as nearly as possible, equidistant from those two corners which stand on the same line. and quarter sec on the surveys, to ly as possible, equidistant, &c. 2. The boundary lines actually run surveys returned, boundary lines of 2d. The boundary lines, actually run and marked in the and marked in the surveys returned by the surveyor general, or by the sur&c. to be establish veyor of the land south of the State of Tennessee, respected as the proper ively, shall be established as the proper boundary lines of the sections, &c. the sections or subdivisions for which they were intended; and the length of such lines, as returned by either of the surveyors aforesaid, shall be held and considered as the true lines not actually length thereof. And the boundary lines which shall not run, &c. to be as have been actually run and marked as aforesaid shall be manner prescrib ascertained by running straight lines from the established The boundary certained in the ed. 3. Each section, &c., the contents returned by the &c. to be consider expressed such corners to the opposite corresponding corners; but in those portions of the fractional townships, when no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be ascertained by running from the established corners due north and south or east and west lines, as the case may be, to the watercourse, Indian boundary line, or other external boundary of such fractional township. 3d. Each section, or subdivision of section, the contents whereof have been whereof shall have been, or, by virtue of the first section of surveyor general, this act, shall be, returned by the surveyor general, or by the ed as containing surveyor of the public lands south of the State of Tennessee, the exact quantity respectively, shall be held and considered as containing the exact quantity expressed in such return or returns; and the The half sections, half sections and quarter sections, the contents whereof shall whereof have not not have been thus returned, shall be held and considered to be considered as as containing the one half or the one fourth part, respectively, half, &c. of the re of the returned contents of the section of which they make returns. &c. the contents been returned, &c. containing the one turned contents of the section. mentioned as true contents of pealed. part. So much of the act SEC. 3. And be it further enacted, That so much of the vides the mode of act entitled "An act making provision for the disposal of the ascertaining the lands in the Indiana Territory, and for other purposes," as sections, &c. re- provides the mode of ascertaining the true contents of sections, or subdivisions of sections, and prevents the issue of final certificates, unless the said contents shall have been ascertained, and a plot, certified by the district surveyor, lodged with the register, be, and the same is hereby, repealed. *Ante, chap. 69. Approved, February 11, 1805. [See Part II, Nos. 85, 192, 193, 196, 209, 231, 395, 506, 636, 725, 750, 751, 752, 753, 796, 841, 905, 912, 922, 971, 972, 996.] CHAP. 73.-An act further to amend an act entitled "An act regulating the grants of land, and providing for the disposal of the lands of the United States, south of the State of Tennessee."* *See original act of 3d March, 1803; ante, chap. 62. certificates from pointed to ascer in the Mississippi the date, &c. for the register, &c. fect as if entered on or before 1st of +See ante, sec. 6. chap. 62. SEC. 1. Be it enacted by the Senate and House of Repre- Persons obtaining sentatives of the United States of America in Congress as- the board, &c. apsembled, That persons who may have obtained, or shall ob- tain claims to land tain, certificates from the board of commissioners appointed Territory, allowed to ascertain the claims to lands in the Mississippi Territory, three months after shall be allowed three months after the respective date of entering them with such certificates, for entering the same with the register of The certificates to the proper land office; and certificates thus entered shall have the same efhave the same force and effect as if they had been duly en- with the register tered with the said register on or before the first day of Jan- January, 1805. uary, one thousand eight hundred and five.† SEC. 2. And be it further enacted, That the commission- The commissioners appointed to ascertain the claims to lands in the above- ers appointed to asmentioned Territory, east of Pearl river, shall be authorized to lands east of to grant certificates for lands lying in the island known by the authorized to grant name of Nannee Hubba, formed by the cut-off of the river lands in the island Tombigbee and Alabamaha; and persons having claims for of Nannee Hubba, lands lying either in said island or east of the Tombigbee Persons having and Alabamaha rivers, shall be permitted to file the same claims for lands with the register of the land office till the first day of May, Hubba, &c. permitone thousand eight hundred and five; and the commissioners with the register till the 1st of May, shall decide on the same, in the same manner as if they had 1805, &c. been presented before the thirty-first day of March, one thousand eight hundred and four. certain the claims Pearl river, &c. certificates for &c. lying in Nannes ted to file them See ante, sec. 5, chap. 62. missioners men ed at the rate of 6 SEC. 3. And be it further enacted, That each of the last- Each of the commentioned commissioners shall be allowed at the rate of six tioned to be allowdollars a day, for every day he shall attend subsequent to the dollars a day for first day of April, one thousand eight hundred and five: every day he atProvided, That such additional allowance shall not exceed five hundred dollars for each commissioner. SEC. 4. And be it further enacted, That the clerk of each of the boards of commissioners appointed to ascertain the claims to lands in the above-mentioned Territory shall be al- a year, &c. lowed at the rate of seven hundred and fifty dollars a year, from the time when he entered on the duties of his office to the time when the board shall adjourn sine die. Persons claiming fully completed, filed their claims SEC. 5. And be it further enacted, That persons claiming lands in the Mis Jands in the Mississippi Territory, by virtue of British grants, sissippi Territory, legally and fully completed, who may not have filed their grants, legally and claims with the proper register of the land office, in con- who may not have formity with the provisions heretofore made for that purpose, in conformity with may, until the first day of December, one thousand eight the provisions hundred and five, file such claims with the register of the &c. may file them, land office west of Pearl river, and have the same recorded. cember, 1805, with And the said register shall, on or before the first day of Jan- land office west of uary, one thousand eight hundred and six, make to the Sec- The register to retary of the Treasury a full report of all the British grants make to the Secthus recorded; which report shall immediately after be laid ury a full report of before Congress. The lands contained in such grants shall British grants re until the 1st of De the register of the Pearl river, &c. retary of the Treas corded, &c. |