siana. (a) And patents shall be obtained for all lands sold in the territory of Louisiana, 3 March 1811. in the same manner and on the same terms as is or may be provided by law for land sold Patents. in the state of Ohio. 509. That the president of the United States be and he is hereby authorized to offer 14 July 1832 ¿L for sale the lands heretofore reserved from sale at Fort Jackson, in the state of Alabama. 4 Stat, 603. Ibid. 2. 510. Every settler on said lands, who, prior to the year 1830, cultivated any part thereof, and is now in possession of the same, shall be allowed to enter at the proper Pre-emption land office, one quarter-section, according to the provisions of the first section of an act rights to settlers prior to 1830. to grant pre-emption rights to settlers on public lands, approved May 29th 1830. X. MISCELLANEOUS PROVISIONS. 511. All the navigable rivers and waters of the territories of Orleans and Louisiana 3 March 1811 312 shall be and for ever remain public highways. 2 Stat. 666. 4 Stat. 494. ceiver to decide 512. In relation to all such confirmed claims as may conflict, or in any manner inter- 3 March 1831 6 fere with each other, the register of the land office and receiver of public moneys for the proper land district, are hereby authorized to decide between the parties, and shall in Register and retheir decision be governed by such conditional lines or boundaries as have been or may between conflict be agreed upon between the parties interested, either verbally or in writing; and in ing claims. case no lines or boundaries be agreed upon between the parties interested, then the said register and receiver are hereby authorized to decide between the parties in such manner as may be consistent with the principles of justice; and it shall be the duty of the surveyor-general of the said state to have those claims surveyed and platted in accordance with the decisions of the register and receiver: Provided, That the said decisions and surveys, and the patents which may be issued in conformity thereto, shall not in any wise be considered as precluding a legal investigation and decision by the proper judicial tribunal between the parties to any such interfering claims, but shall only operate as a relinquishment on the part of the United States of all title to the land in question. H. LANDS IN THE MISSOURI TERRITORY. I. CONFIRMATION OF CLAIMS. 2 Stat. 748. lots and out-lots tain towns, &c. 513. The rights, titles and claims to town or village lots, out-lots, common field lots 13 June 1812 § 1 and commons, in, adjoining and belonging to the several towns or villages of Portage des Sioux, St. Charles, St. Louis, St. Ferdinand, Villago a Robert, Carondelet, St. Ge- Rights to town nevieve, New Madrid, New Bourbon, Little Prairie and Arkansas, in the territory of confirmed to inMissouri, which lots have been inhabited, cultivated or possessed, prior to the 20th day habitants of cerof December 1803,(b) shall be and the same are hereby confirmed to the inhabitants of the respective towns or villages aforesaid, (c) according to their several right or rights in common thereto: Provided, That nothing herein contained shall be construed to affect the rights of any persons claiming the same lands, or any part thereof, whose claims have been confirmed by the board of commissioners for adjusting and settling claims to lands in the said territory. (d) And it shall be the duty of the principal deputy sur-Duty of surveyor veyor for the said territory, as soon as may be, to survey, or cause to be surveyed and marked, (where the same has not already been done according to law), the out-boundary lines of the said several towns or villages so as to include the out-lots, common field lots and commons, thereto respectively belonging. (e) And he shall make out plats of the surveys, which he shall transmit to the surveyor-general, who shall forward copies of the said plats to the commissioner of the general land office, and to the recorder of land titles. The expense of surveying the said out-boundary lines shall be paid by the United States out of any moneys appropriated for surveying the public lands: Provided, That the whole expense shall not exceed three dollars for every mile that shall be actually surveyed and marked. Ibid. 22. 514. All town or village lots, out-lots or common field lots, included in such surveys, which are not rightfully owned or claimed by any private individuals, or held as com- Reservations for mons belonging to such towns or villages, or that the president of the United States may schools. not think proper to reserve for military purposes, shall be and the same are hereby reserved for the support of schools in the respective (a) See 2 Opin. 15. This proviso did not prevent a donation for schools, and moreover, contemplated only a temporary suspenion for the purposes of investigation. Ham v. Missouri, 18 How. 126. (b) Whether these conditions had been complied with is a questin of fact for the jury. Savignac v. Garrison, 18 How. 136. (c) Under this act, it was not necessary that the claimant of an oat-lot should have had, either under the French or Spanish authorities, or from the United States. any written recognition of his title, or any public survey. Guitard v. Stoddard, 16 How. 494. Savignac v. Garrison. 18 Ibid. 136. Its effect was, to confirm to each man what he had lawfully possessed under the former government. West v. Cochran, 17 Ii. 416. By act 27 January 1831, the United States relinquished to the inhabitants of Portage des Sioux, St. Charles, St. Louis, St. Ferdinand, Villa a Robert, towns or villages aforesaid: (g) Pro Carondelet, St. Genevieve, New Madrid, New Bourbon and Little Prairie, all the right, title and interest of the United States in and to the lots confirmed to them by the act of 1812, to be held by them in full property according to their several rights therein. 4 Stat. 435. (d) See Les Bois v. Bramell, 4 How. 449. (e) The object of this proceeding, on part of the government, was to sever the confirmed claims in a mass from the remaining lands of the United States, and others outside the boundary, and nothing more. Mackay v, Dillon, 4 Ilow. 446. See Bissell v. Penrose, 8 Ibid. 340. (g) By act 27 January 1831, the United States relinquished all their right, title and interest in these school reservations; and provided that they should be disposed of, or regulated for said purposes, as directed by the state legislature. 4 Stat. 435. 13 June 1812. vided, That the whole quantity of land contained in the lots reserved for the support of schools in any one town or village, shall not exceed one-twentieth part of the whole lands included in the general survey of such town or village. Ibid. 2 3. Claims to dona tion lands confirmed. Ibid. 24. Patents. 515. Every claim to a donation of lands in the said territory, in virtue of settlement and cultivation, which is embraced by the report of the commissioners, transmitted to the secretary of the treasury, and which, by the said report, shall appear not to have been confirmed, merely because permission by the proper Spanish officer to settle, has not been duly proven; or because the tract claimed, although inhabited, was not culti vated on the 20th of December 1803, or not to have been confirmed on account of both said causes; the same shall be confirmed, in case it shall appear that the tract so claimed was inhabited by the claimant or some one for his use prior to the 20th day of December 1803, as aforesaid, and cultivated in eight months thereafter, subject, however, to every other limitation and restriction prescribed by former laws in respect to such claims, and in all cases where it shall appear by the said report or other records of the board that claims to land have not been confirmed merely on the ground that the claim was for a greater quantity than eight hundred arpens, French measure, every such claim to the extent of eight hundred arpens, shall be confirmed. 516. The recorder of land titles for the said territory shall, without delay, make an Duties of recorder extract from the books of the said board of commissioners of all the claims to land of land titles. which are, by the preceding section, directed to be confirmed, a copy of which he shall transmit to the commissioner of the general land office; and he shall furnish the princi. pal deputy surveyor with a proper description of the tract so to be confirmed, wherein the quantity, locality, boundaries and connexion, when practicable, with each other, and those tracts that have been confirmed by the board of commissioners shall be stated. Certificates to be And whenever plats of the surveys as hereinafter directed, shall have been returned to issued to parties. the said recorder's office, (a) it shall be his duty to issue for each tract to be confirmed as aforesaid, to the person entitled thereto, a certificate in favor of the party, which shall be transmitted to the commissioner of the general land office; and if it shall appear to the satisfaction of the said commissioner that such certificate has been fairly obtained, according to the true intent and meaning of this act, then in that case, patents shall be granted in like manner as is provided by law for the other lands of the United States.(b) 517. It shall be the duty of the individual owners or claimants of town or village lots, out-lots and common field lots, in, adjoining or belonging to the several towns or villages Owners of lots to of Portage des Sioux, St. Charles, St. Louis, St. Ferdinand, Villa a Robert, Carondelet, St. Genevieve, New Madrid, New Bourbon and Little Prairie, in Missouri, and the village of Arkansas, in the territory of Arkansas, whose lots were confirmed by the act of congress of the 30th [13th] of June 1812, (c) entitled “An act making further provision for settling the claims to land in the territory of Missouri," on the ground of inhabitation, cultivation or possession, prior to the 20th day of December 1803, to proceed, within eighteen months after the passage of this act, to designate their said lots, by proving, before the recorder of land titles for said state and territory, the fact of such inhabita tion, cultivation or possession, and the boundaries and extent of each claim, so as to enable the surveyor-general to distinguish the private from the vacant lots, appertaining to the said towns and villages.(d) 26 May 1824 21. 4 Stat. 65. prove their claims. Ibid. & 2. Claims to be surveyed 518. Immediately after the expiration of the said term allowed for proving such facts it shall be the duty of the surveyor-general, within whose district such lots lie, to pro ceed, under the instructions of the commissioner of the general land office, to survey. designate and set apart to the said towns and villages, respectively, so many of the said vacant town or village lots, out-lots, and common field lots, for the support of schools in the said towns and villages, respectively, as the president of the United States shall not, before that time, have reserved for military purposes, and not exceeding one-twentieth part of the whole lands included in the general survey of such town or village, according to the provisions of the second section of the above-mentioned act of congress; and also, to survey and designate, so soon after the passage of this act as may be, the commons belonging to the said towns and villages, according to their respective claims and con firmations, under the said act of congress, where the same has not been already done: Provided, That lots relinquished to the United States on account of damages done them by the earthquakes, and in lieu of which lands have been located elsewhere, shall neither be so designated or set apart, nor taken into the estimate of the quantity to which any town or village is entitled. (a) It was not competent for the recorder, to give a certificate of confirmation in 1839, and thereby divest a title acquired under the United States. Gamache v. Piquignot, 16 How. 451. (b) The certificate of the surveyor is record evidence of title, and the question is not open whether or not these lots were out lots or common field lots, or other lots described in the statute. Kissell v. St. Louis Public Schools, 18 How. 19. (c) This should be act 13 June 1812, supra, 513. (d) There is no forfeiture imposed for non-compliance with this requisition. The act of 1812, is a present operative grant of all the interest of the United States in the property comprised in the act. Guitard v. Stoddard, 16 How. 494, 509. Savignac e. Garri son, 18 Ibid. 136. issue. 519. The recorder shall issue a certificate of confirmation for each claim confirmed, 26 May 1824 § 3. and shall receive for the services required of him by this act, the sum of one dollar for Certificates of each lot so proved to have been inhabited, cultivated and possessed, to be paid by the confirmation to respective claimants; and, so soon as the said term shall have expired, he shall furnish the surveyor-general with a list of the lots so proved to have been inhabited, cultivated or possessed, to serve as his guide in distinguishing them from the vacant lots to be set apart as above described, and shall transmit a copy of such list to the commissioner of right of the general land office. 520. That the provisions of this act, and of the aforesaid act of the 30th [13th] of June 1812, be, and the same are hereby, extended to the village of Mine à Burton, and the filing their claims with the recorder. II. SURVEY OF LANDS. Ibid. 24. Extended to Mine à Burton. 2 Stat. 751. 521. The principal deputy surveyor shall survey, or cause to be surveyed, under the 13 June 1812 ? b. direction of the surveyor-general, so much of the lands in the said territory, to which the Indian title has been extinguished, as the president of the United States may direct, into Townships to be surveyed. townships of six miles square, by lines running due north and south, and others crossing these at right angles; and also the lands, the claims to which are directed to be confirmed And claims. by the third section of this act; (a) and the lands, the claims to which have been confirmed by the board of commissioners, where the same has not already been surveyed under the authority of the United States. And the said principal deputy surveyor shall Plat. make out a general and connected plat of all the surveys directed by this act to be made, or which have already been made under the authority of the United States, which he shall transmit to the surveyor-general, who shall transmit copies of the said plat or plats to the recorder of land titles and the commissioner of the general land office. The expense of surveying shall be paid by the United States: Provided, The same shall not in the whole exceed three dollars a mile for every mile that shall be actually surveyed and marked. III. ASCERTAINMENT OF CLAIMS. 2 Stat. 751. claims to be 522. In all cases, where by reason of the indefinite description of the local situation 13 June 1812 ? 6. and boundaries of any tract, the claim to which has been confirmed by the commissioners, the same cannot be ascertained by the principal deputy surveyor, it shall be the How locality of duty of the recorder of land titles, on the application of the said principal deputy, to ascertained. furnish such precise description thereof, as can be obtained from the records in his office, and the books of the said board of commissioners; and for the purpose of the more correctly ascertaining the locality and boundaries of any such tracts, the said principal deputy shall have free access at all seasonable hours to the books and papers in the recorder's office, relating to land claims, and be permitted to take copies or such extracts therefrom, or any of them, as he may think proper and necessary for the discharge of his duty in executing such surveys. And the said recorder shall be allowed twenty-five cents for the description of each tract which he shall furnish to the principal deputy surveyor as aforesaid. Ibid. 27. 523. Every person or persons claiming lands in the territory of Missouri, who are actual settlers on the lands which they claim, and whose claims have not been heretofore Settlers to regis filed with the recorder of land titles for the said territory, shall be allowed until the first ter their claims. day of December next, to deliver notices in writing, and the written evidences of their claims to the said recorder; and the notices and evidences so delivered within the time And record evilimited by this act, shall be recorded in the same manner, and on payment of the same dence of title. fees, as if the same had been delivered before the first day of July 1808; (b) but the rights In default, to he of such persons as shall neglect so doing within the time limited by this act, shall, so barred. far as they are derived from, or founded on any act of congress, ever after be barred and become void, and the evidences of their claims never after admitted as evidence in any court of the United States, against any grant derived from the United States. Ibid. 28. as the board of 524. The said recorder of land titles shall have the same powers, and perform the same duties in relation to the claims thus filed (c) before the first day of December next, Recorder to have and the claims which have been heretofore filed, but not decided on by the commis- the same powers sioners, (d) as the board of commissioners had by former laws respecting claims filed commissioners. prior to the first day of July 1808, except that all of his decisions shall be subject to the revision of congress. And it shall be the duty of the said recorder to make to the commissioner of the general land office a report of all the claims which shall be thus filed before the first day of December next, and of the claims which have been already filed but not decided on by the said commissioners; together with the substance of the (a) See supra, 515. (b) See supra, 431. Time extended, infra, 525. And see act 2 August 1813, giving further time for registering claims to lands in the late district of Arkansas, in the territory of Missouri. 3 Stat. 86. (c) By act 2 August 1813, he was empowered to adjust claims filed prior to July 1808. 3 Stat. 86. (d) He had no jurisdiction over claims that had been acted on by the board of commissioners, whether adversely, or otherwise. Strother v. Lucas, 12 Pet. 453-4. 13 June 1812. evidence in support thereof, with his opinion and such remarks as he may think proper; which report, together with a list of the claims which, in the opinion of the said recorder, ought to be confirmed, shall be laid by the commissioner of the general land office before congress, at their next session, for their determination thereon. The said recorder, in addition to his salary as fixed by law, shall be allowed fifty cents for each claim which has been filed, but not decided on by the commissioners, or which shall be filed according to this act, and on which he shall make a decision, whether such decision be in favor of, or against the claim, and a further allowance of five hundred dollars, which shall be paid after he shall have made his report to the commissioner of the general land office which allowance of fifty cents for each claim decided on, and five hundred dollars on the completion of the business, shall be in full compensation for his services, (including clerk hire) respecting the claims to be decided on according to this act. 3 March 181321. 2 Stat. 812. Time for exhibit ing evidence of title extended. 525. Every person or persons who had filed a notice of claim to any tract of land lying within the district of Louisiana (now territory of Missouri) with the recorder of land titles, according to law, and have not exhibited any testimony or written evidence in support of the same, and whose claim has not already been confirmed, shall be allowed until the first of January next, to deliver to the recorder of land titles for said territory the written evidence, or produce other testimony, in support of his or their claim, notice whereof has been filed as aforesaid; and the written evidence delivered to the said Written evidence recorder within the time limited by this section, in support of claims filed as aforesaid, shall be by him recorded in the same manner, and on receiving the same fees allowed by former acts for recording written evidence of claims to lands in the said district. And the rights of any such person neglecting to deliver the evidence of their claims within the time above mentioned shall become barred and void, in so far as the same was derived from the United States, and the evidence thereof be incapable of being admitted in any court whatsoever. to be recorded. Ibid. 22. Recorder's powers and duties. 526. The recorder of land titles for the said territory shall have the same powers, and perform the same duties in every respect, in relation to the claims, whereof notice had been filed as aforesaid, and the written evidence in support thereof shall have been delivered, or other testimony produced within the time limited by this act, as the board of commissioners for ascertaining the rights of persons claiming lands in said district would have had, or should have performed, if the evidence of such claims had been delivered before the first day of July 1808, except that his decision shall be subject to the revision of congress. Ibid. 23. 527. It shall be the duty of the said recorder to make to the commissioner of the general land office a report of all the claims which had been filed, and in support of which Claims to be reported. evidence shall be received as aforesaid, with the substance of such evidence, together with his opinion, and such remarks as he may think proper; which report, together with a list of the claims which in the opinion of the said recorder ought to be confirmed, shall be laid before congress, at their next session, for their determination thereon. And laid before congress. Ibid. 4. Douation claimants to receive grants of land. Furveyed. 528. Every person whose claim to a donation of a tract of land in said district has been confirmed by the board of commissioners appointed for ascertaining the rights of persons claiming lands in said district, and is embraced in their report transmitted to the secretary of the treasury, or which has been confirmed by the recorder of land titles, under the third section of the act entitled "An act making further provision for settling the claims to land in the territory of Missouri," approved on the 13th of June 1812, («) shall be entitled to a grant for six hundred and forty acres, notwithstanding a less quantity shall have been allowed to him by the decision of the said commissioners, or recorder of land titles: Provided, That in no case shall the grant be for more land than was claimed by the party in his notice of claim, nor for more land than is contained within the acknowledged and ascertained boundaries of the tract claimed. Ibid. 25. 529. The principal deputy surveyor for the said territory shall survey or cause to be How claims to be surveyed, under the direction of the surveyor-general, a tract of six hundred and forty acres of land, to each claimant of a donation tract, whose claim has been confirmed as aforesaid, except as provided by the last preceding section, where the quantity claimed by the party was less than six hundred and forty acres, and where the ascertained boundaries of the tract claimed does not include six hundred and forty acres, in which cases the survey shall contain only the land claimed ; and the tracts thus to be surveyed shall consist of unappropriated lands, and shall in every case contain the improved lands, Division between by virtue of the settlement on and cultivation of which the claimant's right to a donainterfering tion has been confirmed; and in all cases where, by reason of adjacent prior claims, or the contiguity of the improvements of the persons entitled to donation grants, each claimant cannot obtain a tract of six hundred and forty acres, the vacant lands applicable to the object shall be divided between the claimants, in such manner as shall claims. (a) See supra, 515. Certificates of issue. appear to the principal deputy surveyor most equitable. And whenever plats of the sur- 3 March 1813. veys shall have been returned by the principal deputy surveyor to the office of the recorder of land titles, it shall be the duty of the recorder to issue for each tract, accord- confirmation to ing to the survey returned to him, a certificate in favor of the party, to each person entitled thereto, which shall be transmitted to the commissioner of the general land office; and if Patents. it shall appear to the satisfaction of the said commissioner that such certificate was fairly obtained, according to the true intent and meaning of this act, then in that case patents shall be granted in like manner as is provided by law for other lands of the United States. 4 Stat. 567. to be sold. tion. 530. From and after the final report of the recorder and commissioners, (a) the lands 9 July 1832 3 3. contained in the second class shall be subject to sale as other public lands; and the lands contained in the first class shall continue to be reserved from sale as heretofore, Rejected claims until the decision of congress shall be made thereon; and if the decision of congress shall be against the claims, or any of them, the lands so decided against shall be, in like manner, subject to sale as other public lands: Provided, That actual settlers, being house- Settlers to have right of pre-emp keepers, upon such lands as are rejected, claiming to hold under such rejected claim, or such as may waive their grant, shall have the right of pre-emption to enter within the time of the existence of this act not exceeding the quantity of their claim, which in no case shall exceed six hundred and forty acres, to include their improvements; who shall give notice and prove their right of pre-emption, and in all things conform to the regulations as have been or may be prescribed by the secretary of the treasury under the existing laws relative to pre-emption. And it shall be the duty of the secretary of the treasury immediately to forward to the several land offices in said state, the manner in which all those who may wish to waive their several grants or claims, and avail themselves of the right of pre-emption, shall renounce or release their said grants. 531. The decisions in favor of land claimants, (b) made by the recorder of land titles in 4 July 1836 § 1. the state of Missouri, and the two commissioners associated with him, by virtue of an act entitled "An act for the final adjustment of private land claims in Missouri," Decisions in favor approved July 9th 1832, and an act supplemental thereto, approved March 2d 1833, as firmed. entered in the transcript of decisions transmitted by the said recorder and commissioners to the commissioner of the general land office, and by him laid before congress at the two last and present sessions, be and the same are hereby confirmed; (c) saving and reserving, however, to all adverse claimants, the right to assert the validity of their claims in a court or courts of justice. 5 Stat. 126. of claimants con Ibid. 2. ly located or sold. 532. If it shall be found that any tract or tracts confirmed as aforesaid, or any part thereof, had been previously located by any other person or persons under any law of No title to pass the United States, or had been surveyed and sold by the United States, this act shall for land previous confer no title to such lands in opposition to the rights acquired by such location or purchase; but the individual, or individuals, whose claims are hereby confirmed, shall be permitted to locate so much thereof as interferes with such location or purchase, on any Claimants may unappropriated land of the United States within the state of Missouri, or territory of Arkansas, in whichever the original claim may be, that may be subject to entry at private sale: Provided, That such location shall conform to legal divisions and subdivisions, (d) and shall not interfere with the rights of other persons. 533. The locations authorized by this act, shall be entered with the register of the proper enter other lands. Ibid. 2 3. land office, who shall, on application for that purpose, make out for such claimant Certificates to be a certificate of location, which, with the certificate of confirmation, shall be transmitted issued to parties. to the commissioner of the general land office; and if it shall appear to the satisfaction of the said commissioner that such certificate shall have been fairly obtained, according to the true intent and meaning of this act and the laws of the United States, then, and in that case, patents shall be granted in like manner as is provided by law for the other Patents. IV. LANDS IN LOUISIANA AND MISSOURI. 3 Stat. 121. 534. Every person or persons, or the legal representatives of any person or persons 12 April 1814 8 L. claiming lands in the state of Louisiana, or the territory of Missouri, by virtue of any incomplete French or Spanish grant or concession, or any warrant or order of survey, (a) The first section of this act provided that the recorder and two commissioners should examine and classify all unconfirmed claims in the state, theretofore filed in the office of the recorder. And by the second section the recorder's office was to remain open for such purpose for the term of two years. Reports to be made to the commissioner of the general land office, and laid before congress. 4 Stat. 565. The act 2 March 1833 extended these provisions to every claim to a donation of land. in Missouri, held in virtue of settlement and cultivation. 4 Stat. 661. And by act 4 July 1836, (infra, 531-3), the decisions made by the recorder and commissioners, in favor of land claimants, under these acts, were confirmed. (b) The individuals who appeared as claimants before the commissioners, and who have obtained their favorable decision, are the persons who are to be recognised at the general land office, as confirmees under this act. 3 Opin. 350, 721. (c) Patents are unnecessary to complete title to an unsold portion of the confirmed claim. 3 Opin. 351. (d) The location must be confined to one land district, and made at one time, but the party may enter separate tracts, conformable to legal divisions and subdivisions. 3 Opin. 351, 721. |