28 Feb. 1809. In what cases claimants to re cover. Ibid. 3. be received. action shall be pending, that the tract of land therein specified was actually surveyed prior to the 27th day of October 1795, then, and in that case, the same shall be deemed and held to be good and valid, to all intents and purposes, anything in this act to the contrary notwithstanding: but in case the claimant or claimants shall fail to prove the tract or tracts of land so claimed to have been actually surveyed prior to the 27th day of October 1795, or in case the same shall appear to be otherwise fraudulent or illegal, the grant, warrant or order of survey, granted by the Spanish government, as aforesaid, by virtue of which such tract or tracts of land may be claimed, shall be and the same is hereby declared null and void, to all intents and purposes, and shall not be read in evidence against any claim or certificate of pre-emption, derived from the Uited States. 380. It shall be lawful, in the trial of such suit or action, for either party to introduce Parol evidence to parol evidence for the purpose of supporting or invalidating the grant, warrant or order of survey as aforesaid. And the judgment, sentence or decree of the said highest court of law or equity, in the cases aforesaid, shall be final and conclusive between the parties, and may be plead in bar to any subsequent suit or action brought in the same or any other court, for the recovery of the same land or any part thereof. 8 March 1803 10. 2 Stat. 233. ral. IV. SURVEY OF LANDS. 381. A surveyor of the lands of the United States, south of the state of Tennessee, shall be appointed, (a) whose duty it shall be to engage a sufficient number of skilful Surveyor-gene surveyors as his deputies, and to cause the lands above mentioned, (b) 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 north-west of the river Ohio, and above the mouth of the river Kentucky.(c) Deputies. Ibid. 11. To survey certified claims. 382. The lands for which certificates, of any description whatever, shall have been granted by the commissioners in pursuance of the provisions of this act, (d) shall, as soon as may be, be surveyed under the direction of the surveyor of the lands of the United States above mentioned, in conformity to the true tenor and intent of such certificates; and the said surveyor shall also cause all the other lands of the United States, in the MisAnd other lands. sissippi territory, to which the Indian title has been extinguished, to be surveyed, as far as practicable, into townships, and subdivided into half-sections, in the manner provided for the surveying of the lands of the United States, situate north-west 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 afore said, and shall also forward copies of the said plots to the secretary of the treasury; and he shall also, with the approbation of the said secretary, fix the compensation of the deputy surveyors, chain-carriers and axe-men: Provided, That the whole expense of surveying and marking the lines shall not exceed four dollars for every mile that shall be Expenses, how actually run, surveyed and marked: And provided, That the expense of surveying those tracts of land, to which the title of the claimants is confirmed by the articles of agreement, or by the two first sections of this act, and those tracts claimed under British grants, a return of which is to be made to congress, shall not be advanced by the United States, but shall be paid to the deputy surveyor by the parties claiming the same; and that in relation to all the land sold by the United States, the purchaser shall make the same payment for surveying expenses, which is directed by law to be made for lands sold north of the river Ohio.(e) paid. 27 March 180426. 2 Stat. 305. Salary. 383. The surveyor of the lands of the United States, south of the state of Tennessee, shall receive an annual compensation of two thousand dollars, in lieu of the annual compensation now fixed by law. And the lands claimed by virtue of Spanish grants, legally and fully executed, and the titles to which were confirmed by the articles of How confirmed agreement and cession between the United States and the state of Georgia, shall be sur veyed in the manner prescribed by the act to which this is a supplement, at the expense of the United States, anything in the said act to the contrary notwithstanding. claims to be surveyed. Ibid. 37. 384. The tract of country lying north of the Mississippi territory, and south of the Tract annexed to state of Tennessee, and bounded on the east by the state of Georgia, and on the west by Mississippi Louisiana, shall be and the same is hereby annexed to, and made a part of the Mississippi territory. territory. 3 March 180324. 2 Stat. 230. V. LAND OFFICES. 385. For the disposal of the lands of the United States within the Mississippi territory, two land offices shall be established in the same; one at such place in the county (a) See act 3 March 1817, to authorize the appointment of a surveyor for the lands in the northern part of the Mississippi territory, and the sale of certain lands therein described. 3 Stat. 375. And act 20 April 1818, respecting the surveying and sale of the public lands in the Alabama territory. Ibid. 466. (b) See supra, 353, &c. (c) See supra, 207, 41; and act 3 March 1803. 2 Stat. 225 01 ceivers. Adanis a shail ve designated by the president of the United States for the lands 3 March 1803. west of "Fei river, sometimes called "Half-way river;" and one at such place in Land offices estathe county of Washington as shall be designated by the president of the United States blished. for the lands lying east of Pearl river. And for each of the said offices a register and Registers and rereceiver of public moneys shall be appointed, who shall give security in the same manner and in the same sums, and whose duties and authority shall in every respect be the same, in relation to the hands which shall be disposed of at their offices, as are by law provided in relation to the registers 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. 2 Stat. 440. Cherokee and 386. It shall be the duty of the surveyor-general of the public lands, south of Tennes- 3 March 1807 § 2. see, to cause to be surveyed and laid out, in the same manner as is provided by law for the other public lands in the Mississippi territory, so much of the lands ceded to the Office for sale of United States by the Cherokees and Chickasaws as lies within the said territory; and the Chickasaw lands. president of the United States is hereby authorized, whenever he shall think it proper, to establish a land office for the sale of the said lands, and to appoint a register of the same, and a receiver of the public moneys accruing from the sale of the said lands, whose respective emoluments and duties shall be the same as those of the registers and receivers of the other land offices in the said territory. 2 Stat. 480. Choctaw lands. 387. That part of the lands to which the Indian title was extinguished by the treaty 31 March 1808 25. with the Choctaw nation made on Mount Dexter, in the year 1805, lying on the east of Pearl river, shall be attached to the land district east of Pearl river; and the resi- Office for sale of due of the lands to which the Indian title was extinguished by said treaty shall be attached to the land district west of Pearl river; and the said lands shall, with the exception of section number sixteen, which shall be reserved in each township for the use of schools within the same, and also with the exception of fifteen hundred acres of land, which is hereby confirmed to John McGrew, in compliance with the fourth article of said treaty, be offered for sale under the same regulations, at the same prices and on the same terms as other lands lying within the said districts. VI. PRE-EMPTION RIGHTS. 2 Stat. 229. be entitled to emption. 388. Every person, and the legal representative of every person who, being the head 3 March 1803 2 3. of a family or above the age of twenty-one years, doth, at the time of passing this act, inhabit and cultivate a tract of land in the said territory not claimed by virtue of the Actual settlers to preceding sections of this act, or of any British grant, or of the articles of agreement right of preand cession above mentioned, shall be entitled to a preference in becoming the purchaser, from the United States, of such tract of land, at the price at which the other lands of the United States, in the said territory, are by this act directed to be sold; and Mode of payment. payment may be made therefor in the same manner and under the same conditions as directed by this act for such other lands: Provided however, That no interest shall be No interest to be charged upon any of the instalments until they respectively become payable. charged. 2 Stat. 455. 389. Every person, and the legal representatives of every person, who being either the 19 Jan. 1808 3 1. head of a family or above the age of twenty-one years, and who did, on the 3d day of March 1807, actually inhabit and cultivate a tract of land not claimed by virtue of a Pre-emption right extended certificate granted by the boards of commissioners east and west of Pearl river, in the to settlers prior Mississippi territory, and who has obtained permission to remain on such tract or tracts to 1807. of land, agreeably to an act entitled "An act to prevent settlements being made on lands ceded to the United States, until authorized by law," shall be entitled to a preference in becoming the purchaser from the United States of such tract of land, at the price at which the other lands of the United States in the said territory, are directed to be sold; and payment may be made therefor in the same manner, and under the same conditions, as directed by law for such other lands: Provided, That such tract of land shall not exceed one section: And provided also, That the same shall be surveyed agreeably to the sectional lines already established, or which may hereafter be established by the surveyor of the lands of the United States south of the state of Tennessee. 390. Every person claiming a tract of land by virtue of this act shall, before the first day of October next, deliver to the register of the land office within whose district the Notice an 1 claim land may be, a notice of his claim in writing, together with a plat of the tract of land to be preferred in claimed; and if any person shall fail to deliver such notice and plat, the person or persons so failing, shall forfeit all claim or pretension of claim to such tract of land, and the same shall be sold with the other lands of the United States in said territory. 391. Persons entitled to a right of pre-emption under the first section of this act, shall be allowed until the first day of January 1809, to make the first payment of the pur-Time for pay tuent chase-money of such tract or tracts of land as may be claimed by virtue of said section, of purchaseand the residue of the said purchase-money shall be paid in the same manner, and under the same conditions, as directed for the other lands in said territory. Ibid. 22 writing. Ibid. 23. money. .9 Jan. 1808 4. 392. This act shall not extend to any person or persons claiming other lands in said Not to extend to territory in his or their own right, by virtue of British or Spanish grants, or to any person or persons to whom a donation has been granted, by either of the said boards of commissioners. claimants under British or Spanishrants, &c. 31 March 1808 26. 2 Stat. 480. Act of 19 Jan. 1808 extended. 3 March 1803312. 2 Stat. 233. those reserved, to lic salo. Sales, how conducted. 393. Every person, and the legal representatives of every person, who being either the head of a family or above the age of twenty-one years, who did, before the 3d day of March 1807, actually inhabit and cultivate a tract of land in the Mississippi territory, belonging to the United States, shall be allowed until the first day of October next, to obtain permission to remain on such tract or tracts of land, according to the provisions of the act entitled "An act to prevent settlements being made on lands ceded to the United States until authorized by law;" and the person or persons obtaining such permission shall be entitled to all the benefits, rights and privileges granted by law to those who obtained the same prior to the first day of January 1808. VII. LAND SALES. 394. All the lands aforesaid, not otherwise disposed of, or excepted by virtue of the preceding sections of this act, shall, (with the exception of the section number sixteen, Lands, except which shall be reserved in each township for the support of schools within the same, be offered at pub- with the exception also of thirty-six sections to be located in one body by the secretary of the treasury for the use of Jefferson College, and also with the exception of such town lots not exceeding two in the town of Natchez, and of 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 the said college) be offered for sale to the highest bidder, under the direction of the governor of the Mississippi territory, of the surveyor of the lands of the United States above mentioned, and of the register of the land office at the places respectively where the land offices are kept, and on such day or days as shall, by a public proclamation of the president of the United States, be designated for that purpose. The sales shall remain open at each place for three weeks and no longer; and all lands, other than the section number sixteen, re maining unsold at the closing of the public sales, may be disposed of at private sale by Remaining lads the registers of the respective land offices, in the same manner, under the same regu. to be subject o private entry lations, for the same price, and on the same terms and conditions, as is provided by law for the sale of the lands of the United States, north of the river Ohio, by an act entitled "An act to amend the act entitled 'An act providing for the sale of the lands of the United States in the territory north-west of the Ohio and above the mouth of Kentucky river:"" Provided always, That the lands which may be sold at public sale by virtue of this act, shall not be sold for less than two dollars per acre; and shall in every other respect be sold on the same terms and conditions as was provided for the lands sold at public sale by the last-recited act. And patents shall be obtained for all lands granted or sold in the Mississippi territory, in the same manner and on payment of the same fees, as is provided for lands sold north of the river Ohio, by the said last-recited act: Provided however, That evidences of the public debt of the United States shall not be received in payment for the purchase of said lands. Price. Patents. 3 March 180313. 2 Stat. 234. officers &c. VIII. MISCELLANEOUS PROVISIONS. 395. The registers of the land offices, and the receivers of public moneys, appointed in pursuance of this act, shall receive the same fees and compensation as the Compersation of registers and receivers of the land offices north of the river Ohio, and the registers shall also be entitled to receive twenty-five cents for entering each certificate granted by the commissioners above mentioned. The surveyor of the lands of the United States, appointed in pursuance of this act, shall receive an annual compensation of fifteen hundred dollars, (a) and shall be allowed not exceeding two clerks, whose whole compensation shall not exceed one thousand dollars per annum. The commissioners appointed to ascertain the rights of persons claiming the benefit of the articles of agreement above mentioned, and of this act, shall receive each a compensation of two thousand dollars for the whole of their services, the registers of the land offices excepted, who shall receive only five hundred dollars each for their services as commissioners; the clerks of the boards of commissioners a compensation not exceeding seven hundred and fifty dollars each; and the superintendents of the public sales shall receive six dollars each, for each day's attendance on the said sales. 396. The president of the United States shall have full power to appoint and commission the surveyor, registers of the land offices and receivers of public moneys above mentioned, in the recess of congress, and their commissions shall continue in force until the end of the session of congress next ensuing such appointment. 397. All navigable rivers within the territory of the United States, south of the state of Tennessee, shall be deemed to be and remain public highways. (a) Increased to $2000 per annum, supra, 383. 398. That the right of the United States to two town lots lying and being in the city of 31 March 1808 37. Natchez, be and the same is hereby for ever vested in the corporation of the said city, so as not to affect the legal or equitable claims of any individuals, or of any body politic or corporate, if any such there be. 2 Stat. 480. Town lots in Natchez. Ibid. 8. 399. Whenever the claims of persons having a right of pre-emption in either of the districts east or west of Pearl river shall interfere with each other, the register and Registers and rereceiver of public moneys are hereby authorized in their respective districts so to regu- ceivers to decide late their locations as to prevent such interference. G. LANDS WITHIN THE LOUISIANA PURCHASE. between interfering claims. 2 Stat. 324. under French grants confirmed. 400. Any person or persons, and the legal representatives of any person or persons, 2 March 1805 2 1. who on the first day of October, in the year 1800, (a) were resident within the territories ceded by the French republic to the United States, by the treaty of the 30th of April Titles of settlers 1803, and who had, prior to the said first day of October 1800, obtained from the French and Spanish or Spanish governments, respectively, during the time either of the said governments had the actual possession of said territories, any duly registered warrant, or order of survey, for lands lying within the said territories to which the Indian title had been extinguished, and which were on that day actually inhabited and cultivated by such person or persons, or for his or their use, shall be confirmed in their claims to such lands in the same manner as if their titles had been completed: (b) Provided however, Conditions. That no such incomplete title shall be confirmed, unless the person in whose name such warrant or order of survey had been granted, was, at the time of its date, either the head of a family, or above the age of twenty-one years; (c) nor unless the conditions and terms on which the completion of the grant might depend, shall have been fulfilled. Ibid. 2. mission of the ment. 401. To every person, or to the legal representative or representatives of every person, who being either the head of a family, or twenty-one years of age, had prior to the 20th Grants to actual day of December 1803, with the permission of the proper Spanish officer, and in con- settlers by per formity with the laws, usages and customs of the Spanish government, made an actual Spanish governsettlement on a tract of land within the said territories, not claimed by virtue of the preceding section, or of any Spanish or French grant made and completed before the first day of October 1800, and during the time the government which made such grant had the actual possession of the said territories, and who did, on the said 20th day of December 1803, actually inhabit and cultivate the said tract of land, the tract of land thus inhabited and cultivated, shall be granted: Provided however, That not more than one tract shall be thus granted to any one person, and the same shall not contain more than one mile square, together with such other and further quantity, as heretofore has been allowed for the wife and family of such actual settler, agreeably to the laws, usages and customs of the Spanish government: Provided also, That this donation shall not be made to any person who claims any other tract of land in the said territories by virtue of any French or Spanish grant. 2 Stat. 391. deemed evidence 402. Every person or persons claiming a tract of land, by virtue of the second section 21 April 1806 § 1. of the act to which this act is a supplement, and who had commenced an actual settlement on such tract prior to the first day of October 1800, and had continued actually to What to be inhabit and cultivate the same during the term of three years from the time when such of a settlement. actual settlement had commenced, and prior to the 20th day of December 1803, shall be considered as having made such settlement with the permission of the proper Spanish officer, although it may not be in the power of such person or persons to produce sufficient evidence of such permission. 403. Every person or persons rightfully claiming a tract of land, not exceeding x hundred and forty acres, by virtue of the act to which this act is a supplement, shall be (a) The date of the treaty of St. Ildefonso, whereby Spain ceded Loui-iana to France. Foster v. Neilson, 2 Pet. 253. The act 26 March 180414, erecting Louisiana into two territories, and providing for the temporary government thereof provided, "That all grants for lands within the territories ceded by the French republic to the United States, by the treaty of the 30th of April, in the year 1803, the title whereof was, at the date of the treaty of St. Ildefonso, in the crown, government, or nation of Spain, and every act and proceeding subsequent thereto, of whatsoever nature, towards the obtaining any grant, title or claim to such lands, and under whatsoever authority transacted, or pretended, be, and the same are hereby declared to be, and to have been from the beginning, null, void and of no effect in law or equity. Provided nevertheless, That anything in this section contained shall not be construed to make null and void any bona fide grant, made agreeably to the laws, usages and customs of the Spanish government to an actual settler on the lands so granted, for himBelf and for his wife and family; or to make null and void any bona fide act or proceeding done by an actual settler agreeably to the laws, usages and customs of the Spanish government, to obtain a grant for lands actually settled on by the person or persons claiming title thereto, if such settlement in either case was actually made prior to the 20th day of December 1803: And pro Tbil. 22. vided further, That such grant shall not secure to the grantee, or his assigns, more than one mile square of land, together with such other and further quantity as heretofore hath been allowed for the wife and family of such actual settler, agreeably to the laws, usages and customs of the Spanish government. And that, if any citizen of the United States, or other person, shall make a settlement on any lands belonging to the United States, within the limits of Louisiana, or shall survey, or attempt to survey, such lands, or to designate boundaries by marking trees, or other wise, such offender shall, on conviction thereof, in any court of record of the United States, or the territories of the United States, forfeit a sum not exceeding one thousand dollars, and suffer imprisonment not exceeding twelve months; and it shall more over be lawful for the president of the United States to employ such military force as he may judge necessary to remove from lands belonging to the United States any such citizen or other person, who shall attempt a settlement thereon." 2 Stat. 287. This act was limited to two years. For its construction, see Foster v. Neilson, 2 Pet. 253. Garcia v. Lee, 12 Ibid. 512. (b) A concession confirmed by this section, is valid for the entire quantity confirmed in the survey. 1 Opin. 656. (c) Repealed, infra, § 404. 21 April 1806. Claims of minors to be confirmed, in certain cases. 3 March 1807 2 1. 2 Stat. 440. confirmed in nis or their claims, if otherwise embraced by the provisions of the said act, although the person or persons, under whom the claim or claims originated, were not at the time when the same originated, above the age of twenty-one years: Provided, That the tract of land thus claimed, had been for the space of ten consecutive years, prior to the 20th day of December 1803, in the quiet possession of, and actually inhabited and cultivated by such person or persons, or for his or their use. 404. That so much of the first section of the act entitled "An act for ascertaining and adjusting the titles and claims to land within the territory of Orleans and the dis Part of act 1805 trict of Louisiana," as provides that no incomplete title shall be confirmed, unless the repealed. Ibid. 2. Titles of residents prior to 1803, confirmed. person in whose name the warrant or order of survey had been granted, was at the time of its date either the head of a family or above the age of twenty-one years, be and the same is hereby repealed. 405. Any person or persons, and the legal representative of any person or persons, who, on the 20th day of December 1803, had for ten consecutive years prior to that day been in possession of a tract of land not claimed by any other person, and not exceeding two thousand acres, and who were on that day resident in the territory of Orleans or Louisiana, and had still possession of such tract of land, shall be confirmed in their titles Lead mines and to such tract of land: Provided, That no claim to a lead mine or salt spring shall be salt springs excepted. confirmed merely by virtue of this section: And provided also, That no more land shall Claims restricted be granted, by virtue of this section, than is actually claimed by the party, nor more to boundaries of than is contained within the acknowledged and ascertained boundaries of the tract claimed. Burveys. Ibid. 2 3. Claim of New firmed. 3 March 1811 311. 2 Stat. 665. 406. The claim of the corporation of the city of New Orleans to the commons adjacent to the said city, and within six hundred yards from the fortifications of the same, be and the same are hereby recognised and confirmed: Provided, That the said corporation stali, within six months after passing this act, relinquish and release any claim they may have to such commons beyond the distance of six hundred yards aforesaid: Provided also, That the corporation shall reserve for the purpose, and convey gratuitously for the public benefit, to the company authorized by the legislature of the territory of Orleans, as much of the said commons as shall be necessary to continue the canal of Carondelet from the present basin to the Mississippi, and shall not dispose of, for the purpose of building thereon, any lot within sixty feet of the space reserved for a canal, which shall for ever remain open as a public highway: And provided also, That nothing herein contained shall be construed to affect or impair the rights of any individual or individuals to the said commons, which are derived from any grant of the French or Spanish government. 407. The claim of the corporation of the city of New Orleans, to the common adjacent thereto, and within six hundred yards from the fortifications of the same, as confirmed Title validated. by the act entitled "An act respecting claims to lands in the territories of Orleans and Louisiana," shall be deemed valid, although the relinquishment of the said corporation to any claim beyond the said distance of six hundred yards was not made till after the expiration of the period of six months prescribed by the act last mentioned. 2 March 1829 3. 4 Stat. 358. Claims may be filed with register 408. Every person or persons, or the legal representatives of such person or persons, who, on the 15th day of April 1813, had, for ten consecutive years prior to that day, been in possession of a tract of land, not claimed by any other person, and not exceedof St. Stephen's. ing the quantity contained in one league square, and who were, on that day, resident in that part of Louisiana situated east of Pearl river, and west of the Perdido, and below the thirty-first degree of north latitude, and had still possession of such tract of land, shall be authorized to file their claim in the manner required in other cases, before the Duty of register said register and receiver, at St. Stephen's, for their decision thereon. And it shall be the duty of the said register and receiver to hear and record the evidence offered to sup port such claim; and if the same shall be established by sufficient proof, agreeably to the provisions of this section, the said officers shall, in their report, recommend the confirmation of the right to such claim, as in other cases: Provided, That no more land shall be reported for confirmation, by virtue of this section, than is actually claimed by the party, or than is contained within the acknowledged and ascertained boundaries of the tract claimed; nor shall the provisions of this section authorize the confirmation of any land heretofore sold by the United States. and receiver. Ibid. 24. Effect of confirmation of claims. Thid. 25. 409. The confirmation of all the claims provided for by this act shall amourt nly to a relinquishment for ever, on the part of the United States, of any claim whatever, to the tracts of land and town lots so confirmed; and nothing herein contained shall be construed to affect the claim or claims of any individual or body politic or corporate, if any such there be. 410. The register and receiver of the land office at Saint Stephen's be and they are hereby invested with power to direct the manner in which all claims to lands and town |