ties, &c., of the receiver. he shall think it proper, to appoint a receiver of public moneys for the western district of the Territory of Orleans, Compensation, du who shall receive the same annual compensation, give security in the same manner and in the same sums, and whose duties and authorities shall, in every respect, be the same, in relation to the lands which shall hereafter be disposed of at their offices, as are by law provided with respect to the receivers of public moneys in the several offices established for the disposal of the lands of the United States north of *See chapter 54. the river Ohio, and above the mouth of Kentucky river.* The receiver and And the said receiver and the register of the land office for the public the same district shall, whenever the public lands within the for sale, entitled to same shall be offered for sale, be entitled to the same comthe same commis missions and fees which are by law, respectively, allowed to the same officers the same officers north of the river Ohio, and above the mouth of Kentucky river. register, &c., when ever sions and fees as north of the Ohio, &c. thorized to direct western district of &c., to be offered the exception of offered to the high the direction of the and principal de The President au- SEC. 11. And be it further enacted, That the President of public lands in the the United States be, and he is hereby, authorized, whenever Orleans, surveyed, he shall think it proper, to direct so much of the public lands for sale. lying in the western district of the Territory of Orleans as shall have been surveyed in conformity with the provisions of the act to which this act is a supplement, to be offered for The lands, with sale. All such land shall, with the exception of the section No. 16, &c., to be "number sixteen," which shall be reserved in each townest bidder, under ship for the support of schools within the same; with the exregister, receiver, ception, also, of an entire township, to be located by the Secputy surveyor, &c. retary of the Treasury, for the use of a seminary of learning; and with the exception, also, of the salt springs, and lands contiguous thereto, which, by direction of the President of the United States, may be reserved for the future disposal of the said States, shall be offered for sale to the highest bidder, under the direction of the register of the land office, of the receiver of public moneys, and of the principal deputy surveyor, and on such day or days as shall, by a public proclamation of the President of the United States, be designaThe sales to re- ted for that purpose. The sales shall remain open for three weeks; the lands Weeks, and no longer; the lands shall be sold for a price not to be sold at a price less than that which has been or may be fixed by law for the public lands in the Mississippi Territory; and shall, in every other respect, be sold in tracts of the same size, on the same terms and conditions, as have been or may be by law provided for the lands sold in the Mississippi Territory. The superintend. The superintendents of the said public sales shall receive. to receive $6 for six dollars each, for each day's attendance on the said sales. each day's attend- All lands, other than the reserved sections, and those exAll lands, other cepted as above mentioned, remaining unsold at the closing ed sections, &c., of the public sales, may be disposed of at private sale, by at the close of the the register of the land office, in the same manner, under the public sales, may same regulations, for the same price, and on the same terms private sale, &c. and conditions, as are or may be provided by law for the tained as provided sale of the lands of the United States in the Mississippi Terlands sold in Mis. ritory. And patents shall be obtained for all lands granted main open three fixed by law, &c. ents of public sales ance, &c. than the reserv remaining unsold be disposed of at Patents to be ob by law for the sissippi, &c. or sold in the Territory of Orleans, in the same manner and on the same terms as is or may be provided by law for lands sold in the Mississippi Territory.* *See chapter 62. land in the Terri fayette, &c. to be SEC. 12. And be it further enacted, That the location or The location of locations of land which may be made in the Territory of tory of Orleans by Orleans, by Major General Lafayette, by virtue of the ninth Major General Lasection of the act to which this act is a supplement, shall and received, though may be received, though containing less than one thousand than 1,000 acres, acres: Provided, That no such location or survey shall contain less than five hundred acres.* containing less provided, &c. the Treasury to be made of the sea SEC. 13. And be it further enacted, That the Secretary The Secretary of of the Treasury be authorized to cause a survey to be made cause a survey to of the seacoast of the Territory of Orleans, from the mouth coast of the Terriof the Mississippi to Vermilion bay, inclusively, and as much tory of Orleans, &c. farther westwardly as the President of the United States shall direct; and also of the bays, inlets, and navigable waters, connected therewith: Provided, That the expense of such Proviso; the survey shall not exceed five thousand dollars. ex pense not to exceed 85,000. 820,000, in addi this act into effect. SEC. 14. And be it further enacted, That a sum not ex- Not exceeding ceeding twenty thousand dollars, in addition to the sum ap- tion, &c. appropri propriated by the act to which this act is a supplement, and to ated for carrying be paid out of any unappropriated moneys in the Treasury, be, and the same is hereby, appropriated for the purpose of carrying this act into effect. Approved, April 21, 1806. [See Part II, Nos. 19, 29, 629, 630, 631, 633, 634, 637, 646, 648, 650, 651, 710, 716, 721, 726, 727, 754, 755, 756, 757, 758, 760, 766, 767, 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, 924, 928, 929, 940, 949, 953, 955.] CHAP. 85.-An act respecting the claims to land in the Indiana Territory and The registers and kaskias empower one or more tracts ing therein tracts SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the registers and receivers of public moneys receivers of Vinof the districts of Vincennes and Kaskaskias, respectively, cennes and Kas be, and they are hereby, authorized and empowered, under ed, &c. to lay out the direction of the Secretary of the Treasury, to lay out of land, in their one or more tracts of land, in their respective districts, for district, for locat the purpose of locating therein tracts of land granted by vir- granted by virtue tue of any legal French or British grants, or of any resolution British grants, &c. or act of Congress: Provided, That the tracts thus laid out Proviso; the tracts shall be, whenever practicable, adjoining the tracts which, tracts laid out for in conformity with former laws, had been laid out for similar by the Governors purposes by the Governors of the Northwest or Indiana Ter- of the Northwest ritories; and the tracts thus laid out shall not be otherwise ries, &c. disposed of, unless by order of Congress. (1) See Part II, Nos. 19, 35, 627, 628, 632, 652, 653, 654, 770. of legal French or laid out to adjoin similar purposes or Indiana Territo grants of land by of Congress, not nated in the pat right to locate them laid out by virtue Persons entitled to SEC. 2. And be it further enacted, That any person or virtue of any form- persons entitled to grants of land by virtue of any former reser resolution or act olution or act of Congress, which are not specifically desigspecifically designated in the patents issued by the Governors aforesaid, or ents, &c. to have a which have not yet been located, shall have a right to locate in the tracts to be the same in the tract or tracts to be laid out in each district, of the preceding respectively, by virtue of the preceding section: the priority section, &c. of such location shall be determined by lot, in presence of the register of the land' office with whom the location shall be entered; and the surveyor general shall cause the same Proviso; all the to be surveyed at the expense of the parties: Provided, That lands located, &c. all the lands thus located shall, in each tract laid out for that surveyed in the purpose, be laid out in a body, without leaving any intervals form of a square, of vacant land, and shall each be surveyed in the form of a square, or of a parallelogram, the length of which shall not exceed three times its breadth. to be laid out in a body, &c. and be &c. receivers to com their reports, &c. The registers and The registers and SEC. 3. And be it further enacted, That the registers and plete and transmit recievers aforesaid shall complete and transmit their reports before the 1st of to the Secretary of the Treasury before the 1st day of DeDecember, 1806. cember next. Each of the said officers shall be allowed an receivers each al- additional compensation of five hundred dollars; and each additional; and of the clerks of the respective boards shall be allowed an additional compensation of two hundred and fifty dollars, in full *See sec. 6, chap. for his services, as such, in relation to such claims.* lowed 500 dollars each of the clerks 250 dollars. 93. The register and trict of Cincinnati certificates of a tion to persons re No. 16, for the tracts on they reside, &c. SEC. 4. And be it further enacted, That the register and receiver in the dis; receiver of public moneys in the district of Cincinnati be, and authorized to grant they are hereby, authorized to grant certificates of a right of right of pre-emp- pre-emption to any person residing on any reserved section siding on reserved (other than section number sixteen) for the tract on which sections other than he resides, on the applicant's producing satisfactory evidence which that his claim was within the provisions of the seventh section of an act entitled "An act making provision for the disposal of the public lands in the Indiana Territory, and for other purposes:" Provided, That the person shall exhibit Provisoes; persons the evidence of his claim, and shall have paid at least one of their claims, &c. twentieth part of the purchase-money, on or before the 1st and the certificates day of August next: And provided, also, That such certififor any lands pre- cates shall not be granted for any lands previously granted or sold, or for a larger tract than a quarter of a section, nor for any other tract than that on which he resides; and such land shall be granted at the same price and on the payments being made as for other public lands sold at private sale. Approved, April 21, 1806. +Chap. 69. to exhibit evidence not to be granted viously granted or sold, &c. [See Part II, Nos. 15, 42, 56, 57, 58, 60, 64, 72, 77, 88, 93.] CHAP. 86. An act to provide for the adjustment of titles of land in the town of Detroit and Territory of Michigan, and for other purposes. SEC. 1. Be it enacted by the Senate and House of Repjudges of Michi-resentatives of the United States of America in Congress gan, &c. authoriz, assembled, That the Governor and the judges of the Terri The Governor and ed to lay out a town town of Detroit, &c. who, not own. tory of Michigan shall be, and they, or any three of them, including the old are hereby, authorized to lay out a town, including the whole and 10,000 acres of the old town of Detroit, and ten thousand acres adjacent, adjacent, &c. excepting such parts as the President of the United States shall direct to be reserved for the use of the military department, and shall hear, examine, and finally adjust, all claims. to lots therein, and give deeds for the same. And to every To every person, person, or the legal representative or representatives of every ing or professing person, who, not owning or professing allegiance to any allegiance to a forforeign Power, and being above the age of seventeen years, above the age of did on the eleventh day of June, one thousand eight hundred habited a house in and five, when the old town of Detroit was burnt, own or in- troit, when it was habit a house in the same, there shall be granted, by the burnt, a lot to be Governor and the judges aforesaid, or any three of them, and, where they shall judge most proper, a lot not exceeding the quantity of five thousand square feet. eign Power, and 17, owned or in the old town of De granted, &c. disposed of by the es to the best ad SEC. 2. And be it further enacted, That the land remain- The remainder of the 10,000 acres, afing of the said ten thousand acres, after satisfying claims ter satisfying provided for by the preceding section, shall be disposed of claims, &c. to be by the Governor and judges aforesaid, at their discretion, to Governor and judg the best advantage, who are hereby authorized to make vantage,&c. deeds to purchasers thereof; and the proceeds of the lands The proceeds to be so disposed of shall be applied, by the Governor and judges applied towards aforesaid, towards building a court-house and gaol in the house and gaol, &c town of Detroit; and the said Governor and judges are required to make a report to Congress, in writing, of their proceedings under this act. Approved, April 21, 1806. [See Part II, Nos. 649 and 760.] building a court. CHAP. 87.-An act in addition to an act entitled "An act to regulate the grants of land, and providing for the disposal of lands of the United States, south of the State of Tennessee."* (1) *See original act chap. 62. who have received cer rights of persons to SEC. 1. Be it enacted by the Senate and House of Represent- of 3d March, 1833, atives of the United States of America in Congress assem· bled, That whenever any person, who shall have received a pre-emption certificate from either of the boards of commis- When persons sioners appointed for the purpose of ascertaining the rights pre-emption of persons to lands in the Mississippi Territory, shall, by a ther of the boards final judgment or decree of the highest court of law or for ascertaining the equity in which a decision could be had, within the said lands in the MisTerritory, rendered in favor of another person claiming by final judgment, by virtue of a British patent, lose the whole or part of the tract law, &c. rendered of land to which he was entitled by virtue of such certificate, in favor of any oth it shall be lawful for the receiver of public moneys for the district where the land lies to repay to such person or his assigns so much of the purchase-money as had been paid by him for the land thus recovered by the holder of the British patent. (1) See Part II, Nos. 13, 625, 655, 656, 664, 757, 758, 768, 769, 773, 819, 824. sissippi, shall, by a the highest court of er person claiming by virtue of a Britthe whole or part ish patent, lose of the tracts they were entitled to, &c. the receiver to return the purchase-money, &c. Where only part of a tract, &c. is claimed by the may issue in favor certificates, for so &c. ed in British grants not to be disposed In all cases where only a part of a tract of land, to which holder of a British any person may be entitled by virtue of a certificate granted patent, a patent by the commissioners aforesaid, is also claimed by the holder of the owners of of a British patent, a patent may issue in favor of the owners much as is not of such certificate, for so much of such tract of land as is not claimed; provided, claimed by virtue of such British patent: Povided, That he shall in every other respect have complied with the provisions of the acts of Congress regulating the grants of land The lands contain in the Mississippi Territory. And the lands contained in duly recorded, &c. British grants, which have been duly recorded in conformity of until otherwise with the provisions of former laws, and for which certificates directed, &c. have not been granted by the commissioners aforesaid, shall not be disposed of until otherwise directed by Congress. Persons entitled to SEC. 2. And be it further enacted, That persons entitled to a right of pre-emp. a right of pre-emption to lands in the Mississippi Territory, Mississippi Terri by virtue of certificates granted by either of the boards of certificates, &c. al commissioners aforesaid, shall be allowed till the first day of of January, 1807, January, one thousand eight hundred and seven, to make the to make the first first payment of the purchase money of such lands: And if purchase-money. any such person shall neglect to make such first payment on or before the first day of January, one thousand eight hundred and seven, his right of pre-emption shall cease and become void.* tion to lands in the tory, by virtue of lowed till the 1st payment of *See sec. 8, chap. 93. missioners for as to lands in the river, allowed at for every day's at Proviso; the addi dollars for each The agent, &c. al al compensation of 350 dollars. The register and Each of the com- SEC. 3. And be it further enacted, That each of the comcertaining claims missioners appointed to ascertain the claims to lands in the Mississippi Terri- above-mentioned Territory, west of Pearl river, shall be altory, west of Pearl lowed at the rate of six dollars for every day he shall attend, the rate of 6 dollars subsequent to the first day of April, one thousand eight huntendance, &c. dred and six Provided, That such additional allowance tional allowance shall not exceed five hundred dollars for each commissioner: not to exceed on And the agent appointed in behalf of the United States, for commissioner. the said board, shall be allowed an additional compensation lowed an addition of three hundred and fifty dollars for the whole of his services. And the register and receiver of public moneys in each of the districts of the above-mentioned Territory shall, receiver, in each of and they are hereby authorized, in their districts, respectsissippi, authorized ively, and after the dissolution of the board of commissionto regulate the lo- ers for their district, to regulate the location of any tract of &c. for which a land, lying within such district, for which a certificate shall have been grant have been granted by the commissioners, whenever it shall ed, whenever, &c. appear that the location specified in such certificates interfere with each other, or do not include the improvements by Proviso; the regis- virtue of which such certificates were granted: Provided, not to allow any That the said register and receiver shall not be authorized location on land to allow any location on land not improved and settled, in settled, as provid the manner provided by the former acts of Congress regulating the grants of land in the above-mentioned Territory; nor to allow, in any case, a greater quantity of land than had been allowed by the commissioners. SEC. 4. And be it further enacted, That whenever it shall and occupancy, by appear, to the satisfaction of the register and receiver of the virtue of which a district east of Pearl river, that the settlement and occupancy, pre-emption cer |