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II. 1st sess. Sec. 6. That there be granted to Nicholas Ferdinand 13. ... Westfall, who left the British service and joined the 27th March,

", army of the United States, during the late war, one 1792. Grant of hundred acres of unappropriated land in the western land to territory of the United States, free of all charges.* Nicholas F. Westfall,

(3) Refugees from Canada and Nova Scotia. Resolution, 230 April,

Whenever Congress can consistently make grants 1783. : of land, they will reward, in this way, as far as may Lands pro- be consistent, the officers, men and others, refugees mised to re- from Canada. fugees from Canada. Whenever Congress can consistently make grants Resolution, of land, they will reward, in this way, as far as may

pril, be consistent, such refugees from Nova Scotia, as 1785. Lands pro- may be disposed to live in the Western countryt. mised to refugees from Nova Scotia.

Sec. 1. To satisfy the claims of certain persons, V. 43.

claiming lands, under the resolutions of Congress, of 1798. the twenty-third of April, one thousand seven hundred Secretary of and eighty-three, and the thirteenth of April, one thouwar to give

i. sand seven hundred and eighty-five, as refugees from

and
the British provinces of Canada and Nova Scotia,
the secretary of the department of war is hereby au-
thorised and directed, to give notice, in one or more
of the public papers of each of the states of Vermont,
Massachusetts, New York, New Hampshire and
Pennsylvania, to all persons having claims, under the
said resolutions, to transmit to the war-office, within
two years after the passing of this act, a just and true -

account of their claims to the bounty of Congress. What de. Sec. 2. No other persons shall be entitled to the scriptions of benefit of the provisions of the act, than those of the persons are following descriptions, or their widows and heirs, viz: entitled to the First, those heads of families, and single persons, not

members of any such families, who were residents in

1

notic

mants.

act.

* This appears to be the only grant, made in pursuance of the preceding resolutions.

+ That part of the ordinance of May, 1785, which reserved three townships, on lake Erie, for the use of the refugees, is omitted; the same not having been carried into effect, and other lands having been appropriated in lieu thereof, by the act of 7th April, 1798.

one of the provinces aforesaid, prior to the fourth day of July, one thousand seven hundred and seventy-six, and who abandoned their settlements, in consequence of having given aid to the United Colonies or States, in the revolutionary war against Great Britain, or with intention to give such aid, and continued in the United States, or in their service, during the said war, and did not return to reside in the dominions of the king of Great Britain, prior to the twenty-fifth of November, one thousand seven hundred and eighty-three. Secondly, the widows and heirs of all such persons as were actual residents, as aforesaid, who abandoned their settlements, as aforesaid, and died within the United States, or in their service, during the said war. And, thirdly, all persons who were members of families at the time of their coming into the United States, and who, during the war, entered into their service.

Sec. 3. The proof of the several circumstances before whom necessary to entitle the applicants to the benefits of

o may be taken: this act, may be taken before a judge of the supreme or district court of the United States, or a judge of the supreme or superior court, or the first justice or first judge of the court of common.pleas or countycourt of any state.

Sec. 4. At the expiration of fifteen months, from Secretary of and after the passing of this act, and from time to war and setime thereafter, it shall be the duty of the secretary con

m cretary and

tary, comptroller of for the department of war, to lay such evidence of the treasury claims, as he may have received, before the secretary to examine and comptroller of the treasury, and, with them, pro- and report

upon the ceed to examine the testimony and give their judg. claims. ment, what quantity of land ought to be allowed to the individual claimants, in proportion to the degree of their respective services, sacrifices and sufferings, in consequence of their attachment to the cause of the United States; allowing, to those of the first class, a

la what mad. quantity not exceeding one thousand acres; and to judgment the last class, a quantity not exceeding one hundred, thereon is to making such intermediate classes, as the resolutions regulatech aforesaid and distributive justice may, in their judg. ment, require; and make report thereof to Congress. And in case any such claimant shall have sustained Buch losses and sufferings, or performed such scr

vices for the United States, that he cannot justly be classed in any one general class, a separate report shall be made of his circumstances, together with the quantity of land that ought to be allowed him, having reference to the foregoing ratio : Provided, That in considering what compensation ought to be made, by virtue of this act, all grants, except military grants, which may have been made by the United States, or individual States, shall be considered at the just value thereof, at the time the same were made, respective, ly, either in whole or in part, as the case may be, a

satisfaction to those who may have received the Claims not same: Provided also, That no claim, under this law, assignable until grants

shall be assignable until after report made to Con. are made. gress, as aforesaid, and until the said lands be grant.

ed to the persons entitled to the benefit of this act. Limitation of Sec. 5. All claims, in virtue of said resolutions of claims. Congress, which shall not be exhibited, as aforesaid, . .' within the time by this act limited, shall forever there

after be barred.*

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Sec. 1. The surveyor-general is hereby directed 18th Feb. to cause those fractional townships of the sixteenth, 1801. seventeenth, eighteenth, nineteenth, twentieth, twen. Survey of ty-first and twenty-second ranges of townships, which lands for the refugees from join the southern boundary line of the military lands, Canada, &c. to be sub-divided into half sections, containing three to be made. hundred and twenty acres each; and to return a sur

vey and description of the same to the secretary of
the treasury, on or before the first Monday of De-
cember next; and the said lands are hereby set apart -
and reserved for the purpose of satisfying the claims
of persons, entitled to lands, under the act, intituled,
“ An act for the relief of the refugees from the Bris

tish provinces of Canada and Nova Scotia.” Priority of Sec. 2. The secretary of the treasury shall, within locations

thirty days after the survey of the lands shall have how regulat. ed.

been returned to him as aforesaid, proceed to determine, by lot, to be drawn in the presence of the sea cretaries of state and of war, the priority of location

* Time afterwards extended till 24th Feb. 1812.

retu

of the persons entitled to lands as aforesaid. The persons, thus entitled, shall severally make their location on the second Tuesday of January next, and Patents to be the patents for the lands thus located, shall be grant- granted with ed in the manner directed for military lands, without out fees. requiring any fee whatever. Sec. 3. The following persons, claiming land under Quantities of

land assigned the abovementioned act, shall respectively be entitled to to the following quantities of land; that is to say ; gees named Martha Walker, widow of Thomas Walker, John herein, Edgar, P. Francis Cazeau, John Allan and Seth Harding, respectively, two thousand two hundred and forty acres each ; Jonathan Eddy, colonel James Li. vingston and Parker Clark, respectively, one thoua sand two hundred and eighty acres each; and the heirs of John Dodge, one thousand two hundred and eighty acres; Thoinas Faulkner, Edward Faulkner, David Gay, Martin Brooks, lieutenant-colonel Brad. ford, Noah Miller, Joshua Lamb, Atwood Fales, John Starr, William How, Ebenezer Gardner, Lewis F. Delesdernier, John Mc Cown and Jonas C. Mi. not, respectively, nine hundred and sixty acres each; and the heirs of Simeon Chester, nine hundred and sixty acres; Jacob Vander Heyden, John Livingston, James Crawford, Isaac Danks, major B. Von Heer, Benjamin Thompson, Joseph Bindon, Joseph Levitire, lieutenant William Maxwell, John D. Mercier, James Price, Seth Noble, Martha Bogart, relict of Abraham Bogart, and formerly relict of Daniel Tucker, and John Halsted, respectively, six hundred and forty acres each ; David Jenks, Ambrose Cole, James Cole, Adam Johnson, the widow and heirs of colonel Jeremiah Duggan, Daniel Earl, junior, John Paskell, Edward Chinn, Joseph Cone and John Tor. reyre, respectively, three hundred and twenty acres each; Samuel Fales, one hundred and sixty acres; which several tracts of land shall, except the last, be in half seclocated in half sections by the respective claimants. tions.

be located

Samuel Rogers, one of the claimants, under the VII 88. acc, intituled, “An act for the relief of the refugees 3d March, irom the British provinces of Canada and Nova Sco, 1803.

2240 acres granted to Samuel Rogers.

tia,” shall be entitled to two thousand two hundred and forty acres of land, to be located in the manner and within the boundaries of the tract designated by the act, to which this act is a supplement, and shall receive a patent for the same, in the manner directed by the said last mentioned act.

VIII. 23. The act, intituled, “ An act for the relief of the 16th March, refugees from the British provinces of Canada and 1804. Former act

ct Nova Scotia,” approved on the seventh of April, one revived and thousand seven hundred and ninety-eight, shall be, continued in and the same is hereby revived and continued in force.

force for the term of two years from the passage of this act, and no longer.

Scotia to

XI. 29. Sec. 1. All persons having claims, under the resolu. 24th Feb.

tions of Congress, passed the twenty-third day of April, 1810. Refugees

one thousand seven hundred and, eighty-three, and from Canada the thirteenth of April, one thousand seven hundred and Nova and eighty-five, as refugees from the British pro.

vinces of Canada and Nova Scotia, shall transmit to transmit their claims to land the war office, within two years after the passing of to the war- this act, a just and true account of their claims to the office.

bounty of Congress.

[Sec. 2, 3 and 4, re-enact verbatim the sec. 2, 3 and 4, of the act of 7th April, 1798, Vth Cong. chap.

43.] Claims to be Sec. 5. All claims, in virtue of said resolutions of exhibited, Congress, which shall not be exhibited, as aforesaid,

vise within the time by this act limited, shall forever barred. No patents to

thereaftei be barred : Provided, That no patent shall issue but to be issued to any person who may hereafter establish residents. his claim, under the said act, until he produce satis.

factory evidence to the secretary of the treasury, that he is at the time then being, a resident within the United States.

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