pointed for each

by the President of the United States, for the lands lying west of "Pearl river," sometimes called "Half Way river;" and one at such place in the county of Washington as shall be designated by the President of the United States, for the A register andre lands lying east of Pearl river and for each of the said officeiver of public moneys to be ap ces a register and receiver of public moneys shall be apoffice, &c. pointed, who shall give security in the same manner, and re whose duties and authority shall, in every respect, be the security; their du- same in relation to the lands which shall be disposed of at the same as by law their offices, as are by law provided in relation to the regisprovided, &c. ters and the receivers of public moneys in the several offices established for the disposal of the lands of the United States north of the river Ohio, and above the mouth of Kentucky river.

Register and

ceiver, &c. to give

ties and authority

Persons claiming lands by virtue of

tions of this act, or

between the Unit

gia, to deliver, be

1804,to the register,

&c.

71.

cord grants, orders

livered by claimants, &c.

SEC. 5. And be it further enacted, That every person British grants, of claiming lands by virtue of any British grant, or of the three the three first sec- first sections of this act, or of the articles of agreement and of the articles, &c. cession between the United States and the State of Georgia, ed States and Geor- shall, before the last day of March, in the year one thousand fore 31st of March, eight hundred and four, deliver to the register of the land notice of claims, office, within whose district the land may be, a notice, in writing, stating the nature and extent of his claims, together with *See sect. 1, chap. a plot of the tract or tracts claimed ;* and shall also, on or before that day, deliver to the said register, for the purpose The register to re of being recorded, every grant, order of survey, deed, conof survey, &c. de veyance, or other written evidence of his claim, and the same shall be recorded by the said register in books to be kept for that purpose, on receiving from the parties at the rate of twelve and a half cents for every hundred words conPersons neglecting tained in such written evidence of their claim; and if such &c., their rights to person shall neglect to deliver such notice, in writing, of his become void, and claim, together with a plot as aforesaid, or cause to be recorded such written evidence of the same, all his right, so far as the same is derived from the above-mentioned articles of agreement, or from the three first sections of this act, shall Grants, orders of become void, and forever thereafter be barred; nor shall any corded, not to be grant, order of survey, deed, conveyance, or other written dence, &c. against evidence, which shall not be recorded as above directed, ever after be considered or admitted as evidence in any court in the United States against any grant derived from the +See sect. 12, chap. United States.†

to deliver notice,

barred, &c.

survey, &c. not re

admitted as evi

grants deriv'd from the United States.

71.

The register in

two other persons,

lying west, and the

with two other per

SEC. 6. And be it further enacted, That the register of Adams county, and the land office in Adams county, and two other persons, who &c. for the lands shall be appointed by the President of the United States register of Wash alone, shall, for the lands lying west of Pearl river, and the ington county, register of the land office of Washington county, together sons, &c. for the with two other persons, who shall be appointed by the PresPearl river, to be ident of the United States alone, shall, for the lands lying ascertaining the east of Pearl river, respectively, be commissioners, for the purpose of ascertaining the rights of persons claiming the benefit of the articles of agreement and cession between the United States and the State of Georgia, or of the three first sec

lands lying east of

commissioners for

rights of claimants, &c.

ers to take and sub

do Form of the oath.

ers to meet in the

and in Washing

and not to adjourn

time than three

they have com

of their appoint

ment.

2, ch. 71.

in a summary man. ner, &c.

of

the board final, so

tions of this act. And the said commissioners shall, previous The commission to entering on the duties of their appointment, respectively, scribe an oath. take and subscribe the following oath or affirmation, before some person qualified to administer the same: "I, solemnly swear (or affirm) that I will impartially exercise and discharge the duties imposed upon me by an act of Congress entitled 'An act regulating the grants of land, and providing for the disposal of the lands of the United States, The commissionsouth of the State of Tennessee,' to the best of my skill and county of Adams, judgment." And it shall be the duty of the said commis- ton county, &c., sioners to meet in the county of Adams and in Washington to any other place, county aforesaid, respectively, on or before the first day of nor for a longer December next, and they shall not adjourn to any other place, days, &c., until or for a longer time than three days, until the first day of pleted the business April, one thousand eight hundred and four, and until they shall have completed the business of their appointment.* *See sec. And each board, or a majority of each board, shall, in their A majority of each board empowered respective districts, have power to hear and decide, in a sum- to hear and decide, mary manner, all matters respecting such claims, also to administer oaths and examine witnesses and such other testimony as may be adduced, and to determine thereon according to justice and equity; which determination, so far as re- Determination lates to any rights derived from the articles of agreement far, &c. above mentioned, or from the three first sections of this act, shall be final; and for the safe keeping of the papers and Each board emevidences produced, and recording their proceedings, the a clerk, &c. said boards, respectively, shall have power to appoint a clerk, whose duty it shall be to enter in a book, to be kept for that purpose, perfect and correct minutes of the proceedings, decisions, meetings, and adjournments, of the boards, together with the evidence on which such decisions are made; which books and papers, on the dissolution of the boards, shall be of transmitted to and lodged in the office of the Secretary of of State; and on or before such clerk's entering on the duties of his office, he shall take and subscribe the following oath oath." or affirmation, to wit: "I, do solemnly swear (or af- Form of the oath. firm, as the case may be) that I will truly and faithfully enter and record all minutes, proceedings, and decisions, of the board of commissioners for the county of appointed under and by virtue of an act of the United States 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,' and well and faithfully do and perform all other acts and things in the said act pointed out as the duty of a clerk of the said board;" which oath shall be Oath to be entered entered on the minutes of the board ;† and when it shall ap- tsee sec. 5, chap. pear to them that the claimant is entitled to a tract of land 71, post. under the articles of agreement and cession with Georgia that the claimant is aforesaid, in virtue of a British or Spanish grant, legally and entitled in virtue fully executed, they shall give a certificate thereof, descri- ish grant, the board bing the tract of land and the grant, and stating that the claim- cate, &c. ant is confirmed in his title thereto by virtue of the said ar

Books and papers,

on the dissolution

the boards, to be the Secretary of

lodged in the office

State.

Clerks to take an

on the minutes,&c.

When it appears

of a British or Span

to give a certifi

when recorded,

a relinquishment

United States, &c.

that the claimant

&c., the commis

certificate, stating

&c.

ing duly entered,

1805, to entitle the

&c.

is entitled by vir

of this act, the com

a certificate, &c.,

purchaser, &c

This certificate, ticles; which certificate, being recorded by the register of &c., to amount to the land office, whose duty it shall be to record the same, in on the part of the a book to be kept by him for that purpose, shall amount to a relinquishment forever on the part of the United States, to When it appears any claim whatever to such tract of land: and when it shall is entitled under appear to the said commissioners that the claimant is entitled the Bourbon act, to a tract of land by virtue of a settlement under the Boursioners to give a bon act of Georgia, recognised in the said articles of agreethe circumstances, ment and cession, or of either of the two first sections of this act, they shall give a certificate thereof, stating the circumstances of the case, and that the claimant is entitled to receive a patent for such a tract of land by virtue of this act; which The certificate, be certificate, being duly entered with the register of the land &c. on or before office, on or before the first day of January, eighteen hunthe 1st of January, dred and five, shall entitle the party to a patent for the said party to a patent, tract, which shall issue in like manner as is provided by this act for the other lands of the United States, without the party paying any thing therefor, except the surveying expenses When the claim't and the fees of office. And when it shall appear to the said tue of the 3d sect commissioners that the claimant is entitled to a right of premissioners to give emption by virtue of the third section of this act, they shall and the party enti- give a certificate thereof, directed to the register of the land tled to become a office; which certificate, being duly entered with the register of the land office, on or before the first day of January, eighteen hundred and five, shall entitle the party to become a Proviso; if he pro- purchaser for such tract of land: Provided, That he shall, prior to the first day of January, eighteen hundred and six, also produce a receipt from the Treasurer of the United States, or from the receiver of public moneys, for at least one fourth part of the purchase-money, and also for the payOn paym't in full, ment of the surveying expenses; and the party shall, upon payment in full of the purchase-money, on which, if any of the three last payments shall be made in advance, he shall be allowed the same discount allowed in similar cases by this act, be entitled to receive a patent, which shall issue in like manner, and on payment of the same fees as are provided by this act for the other lands of the United States; but if such If the party neg. person shall neglect to enter his certificate on or before the certificate, &c., his first day of January, eighteen hundred and five, or to make right of pre-emp- such first payment as above provided, his right of pre-emption shall cease and become void: Provided, also, and it is a tract, to which further enacted, That whenever a tract of land to which any any person might person might be entitled by virtue of the three first sections tue of the three of this act shall also be claimed by the holder of a British act, is claimed by patent, legally and fully executed, and duly recorded in conBritish patent, &c., formity to the provisions of this act, who is not confirmed in the commissioners his claim by the articles of agreement above mentioned, the ence of the adverse commissioners shall, in the certificate granted to the person the party not enti- claiming the land by virtue of this act, state the existence of without a judicial the adverse claims, in which case the party shall not be en

duces a receipt,&c.

the party entitled to a patent, &c

lects to enter his

to cease.

Proviso; whenever

be entitled by vir

first sections of this

the holder of a

to state the exist

claims, &c., and

tled to a patent

decision, &c.

titled to a patent, unless he shall have obtained in his favor a judicial decision in a court having jurisdiction therein : and

to two dollars for

for every certificate so granted by the boards, respectively, The clerk entitled the clerk of the board granting the same shall be entitled to every certificate. demand and receive, of the party to whom the same is grant

ed, the sum of two dollars.

ers, on or before

to make to the Sec

ury a full report of

which is not con

cles of agreement,

laid before Con

*See secs. 3 and 9, chap. 71, post.

millions of acres

as may be neces

priated for satisfy

SEC. 7. And be it further enacted, That the commission- The commissioners aforesaid shall, on or before the first day of December, the 1st Dec. 1804, one thousand eight hundred and four, make to the Secretary retary of the Treas of the Treasury a full report of all the British grants legally all British grants, and fully executed, which have been duly recorded in con- &c., the title of formity to the provisions of this act, the title of which is not firmed by the arti confirmed to the holders thereof by the articles of agree- &c. ment above mentioned, stating the present situation of the lands, the date of such grants, the conditions annexed thereto, and how far the same have been fulfilled, together with such other remarks thereon as they may think proper; which The report to be report shall be laid before Congress at their next session, gress, &c. and the lands contained in such grants shall not be otherwise disposed of until the end of one year after that time.* SEC. 8. And be it further enacted, That so much of the So much of the five five millions of acres reserved for that purpose by the arti- reserved by the ar cles of agreement above mentioned, as may be necessary to ticles of agreem't, satisfy the claims, not confirmed by that agreement, which sary, &c., appropriated for the purare embraced by the two first sections of this act, or which pose mentioned. may be derived from British grants for lands which have not been regranted by the Spanish Government, be, and the same is hereby, appropriated for that purpose; and so much The residue of the of the residue of the said five millions of acres, or of the nett five millions of proceeds thereof, as may be necessary for that purpose, shall acres, &c. approbe, and is hereby, appropriated for the purpose of satisfying, ing other claims, quieting, and compensating, for such other claims to the lands of the United States south of the State of Tennessee, not recognised in the above-mentioned articles of agreement, and which are derived from any act or pretended act of the State of Georgia, which Congress may hereafter think fit to provide for: Provided, however, That no other claims shall Proviso; no other be embraced by this appropriation, but those the evidence &c. but those the of which shall have, on or before the first day of January shall have, on or next, been exhibited by the claimants to the Secretary of 1804, been exhibitState, and recorded in books to be kept in his office for that ed to the Secretary purpose, at the expense of the party exhibiting the same, who shall pay to the person employed by the Secretary of State for recording the same, at the rate of twelve and a half cents for every hundred words contained in each document thus recorded; nor shall any grant, deed, conveyance, or No grant, deed, other written evidence of any claim to the said lands, de- conveyance, &c., rived, or pretended to be derived, from the State of Geor- the State of Geor gia, and not recognised by the above-mentioned articles of gia, to be ever after agreement, ever after be admitted or considered as evidence exhibited and rein any of the courts of the United States, unless it shall have been exhibited and recorded in the manner and within the time above mentioned: And provided, also, That nothing herein contained shall be construed to recognise or affect

claims embraced,

evidence of which

before the 1st Jan.

of State, recorded,

&c.

derived, &c. from

admitted, unless

corded, &c.

herein to recog.

nise or

claims, &c., and

Provisoes; nothing the claims of any person or persons to any of the lands affect above mentioned: And provided, also, That no certificate no certificate to be shall be granted for lands lying east of the Tombigby river,* fying east of the nor for lands situated without the boundary lines established Tombigby, &c. by treaty between the United States and the Choctaws, *See sect. 8, chap. made the seventeenth day of October, in the year eighteen

granted for lands

71, post.

+See page 347, vol. hundred and two.t

1, Laws U. S.

The Secretary of

the Treasury, and

authorized to re

SEC. 9. And be it further enacted, That the Secretary of State, Secretary of State, the Secretary of the Treasury, and the Attorney GenAttorney General, eral, for the time being, be, and are hereby, authorized and ceive propositions empowered to receive such propositions of compromise and of compromise; settlement as may be offered by the several companies or thereon to Con persons claiming public lands in the territory of the United States lying south of the State of Tennessee, and west of the State of Georgia; and report their opinion thereon to Congress at their next session.‡

&c., and report

gress.

*See chap. 161.

A surveyor of the lands of the United

Tennessee to be

ties, &c.

SEC. 10. And be it further enacted, That a surveyor of States south of the lands of the United States south of the State of Tenappointed, his du- nessee shall be appointed, whose duty it shall be to engage a sufficient number of skilful surveyors as his deputies, and to cause the lands above mentioned, to which the titles of the Indian tribes have been extinguished, to be surveyed and divided in the manner hereafter directed, and to do and perform all such other acts, in relation to the said lands, as the surveyor general is authorized and directed to do in relation to the lands lying northwest of the river Ohio, and above the mouth of the river Kentucky.

Lands for which

granted, in pursu

SEC. 11. And be it further enacted, That the lands for certificates are which certificates, of any description whatever, shall have ance of this act, to been granted by the commissioners in pursuance of the prosoon as may be, &c. visions of this act, shall, as soon as may be, be surveyed, un

be surveyed as

The surveyor cause all the other

States in the Mis

to which the Indian title has been ex

surveyed, &c.,

der the direction of the surveyor of the lands of the United States above mentioned, in conformity to the true tenor and to intent of such certificates; and the said surveyor shall also lands of the United cause all the other lands of the United States, in the Missississippi Territory, sippi Territory, to which the Indian title has been extinguished, to be surveyed, as far as practicable, into towntinguished, to be ships, and subdivided into half sections, in the manner transmit plats, &c. provided for the surveying of the lands of the United States situate northwest of the river Ohio, and above the mouth of the Kentucky river, and shall transmit to the registers of the land offices, respectively, general and particular plots of all the lands surveyed as aforesaid, and shall also forward copies of the said plots to the Secretary of the Treasury; and he shall, also, with the approbation of the Proviso; the whole said Secretary, fix the compensation of the deputy surveying, &c., not to ex- ors, chain-carriers, and axe-men: Provided, That the whole mile, &c. expense of surveying and marking the lines shall not exceed Proviso; the ex- four dollars for every mile that shall be actually run, surveyed, and marked: And provided, That the expense of confirmed, &c., to surveying those tracts of land to which the title of the claimbe paid by the par- ants is confirmed by the articles of agreement, or by the two

expense of survey

ceed 84 for every

pense of surveying those tracts to which the title is

ties claiming, &c.