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Proviso. become void : Provided also, That whenever a tract
of land to which any person might be entitled by vir. tue of the three first sections of this act, shall also be claimed by the holder of a British patent, legally and fully executed, and duly recorded in conformity to the provisions of this act, who is not confirmed in his claim by the articles of agreement abovementioned, the commissioners shall, in the certificate granted to the person claiming the land by virtue of this act, state the existence of the adverse claims, in which case the party shall not be entitled to a patent, unless he shall have obtained in his favor a judicial decision in a
court having jurisdiction therein : and for every cerClerk to re. tificate so granted by the boards respectively, the clerk ceive two dol. of the board granting the same, shall be entitled to lars for every demand and receive of the party to whom the same certificate.
• is granted, the sum of two dollars. Commission. Sec. 7. The commissioners aforesaid shall, on or ers shall re- before the first day of December, one thousand eight port to the se- hundred and four, make to the secretary of the treacretary of the
le sury a full report of all the British grants legally and treasury all British grants fully executed, which have been duly recorded, in not confirmed conformity to the provisions of this act, the title of by the articles which is not confirmed to the holders thereof, by the of agreement,
articles of agreement abovementioned, 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 Report to be thereon, as they may think proper; which report shall laid before be laid before Congress, at their next session, and the ss. lands contained in such grants shall not be otherwise
disposed of, until the end of one year after that time. * Provision for Sec. 8. So much of the five millions of acres, re
ed served for that purpose, by the articles of agreement claims deriv. ed from Bri- abovementioned, as may be necessary to satisfy the tish grants, claims not confirmed by that agreement, which are &c.
embraced by the two first sections of this act, or which may be derived from British grants for lands which have not been 'regranted by the Spanish government, is hereby appropriated for that purpose ; and so much
* The time of filing claims, under British grants, extended, by 5th sec. of act of 2 March, 1804, till 1st Dec. 1805; and, by act of 21st April, 1806, the lands contained in such grants, not to be disposed of butil otherwise directed by Congress.
of the residue of the said five millions of acres, or of the nett proceeds thereof, as may be necessary for that purpose, shall be, and is hereby appropriated, for the purpose of satisfying, quieting and compensating, for such other claims to the lands of the United States south of the state of Tennessee, not recognised in the abovementioned articles of agreement, and and from any which are derived from any act or pretended act of act or pretenthe state of Georgia, which Congress may hereafter le think fit to provide for; Provided however, That no Provisu. other claims shall be embraced by this appropriation, but those, the evidence of which shall have, on or before the first day of January next, been exhibited by the claimants to the secretary of state, and recorded in books, to be kept in his office for that 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 an half cents for every hundred words, contained in each document, thus recorded; nor shall any grant, deed, conveyance, or other written evidence of any claim to the said lands, derived or pretended to be derived from the state of Georgia, and not recognis. ed by the abovementioned articles of agreement, ever after be admitted or considered as evidence in any of the courts of the United States, unless it shall have been exhibited and recorded in the manner and within the time abovementioned; And provided also, That Proviso. nothing herein contained shall be construed to recognise or affect the claims, of any person or persons, to any of the lands above mentioned; And provided also, *That no certificate shall be granted for lands lying east of the Tombigby river, nor for lands situated without the boundary lines established by treaty, be. tween the United States and the Choctaws, made the seventeenth day of October, in the year eighteen hun. dred and two.
Sec. 9. The secretary of state, the secretary of the Secretary of treasury and the attorney general for the time being, state and are hereby authorised and empowered to receive such
others to re
ceive propo. propositions of compromise and settlement, as may sitions of
* This last proviso repealed in part by the 8th sec. of act of 27th March, 1804.
Compensation of the commission
be offered by the several companies, or persons claim. ing 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.
Sec. 13. The commissioners, appointed to ascer. tain the rights of persons claiming the benefit of the articles of agreement abovementioned, and of this act, shall receive each a compensation of two thou. sand dollars for the whole of their services, the re. gisters 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 of their clerks.
VIII. 61. 27th March,
Sec. 1. Persons claiming lands in the Mississippi 1804. .. territory, by virtue of any British or Spanish grant, Notice to be or by virtue of the three first sections of the act, * to given to the which this is a supplement, or of the articles of agree. register of the land office by
ment and cession with the state of Georgia, may, afpersons ter the last day of March, in the year one thousand claiming eight hundred and four, and until the last day of No
vember, then next following, give notice, in writing, Mississippi territory West of their claims, to the register of the land office, for of Pearl river, the lands lying west of Pearl river, and have the same and their recorded, in the manner prescribed by the fifth sec.'! claims to be recorded.
etion of the act, to which this is a supplement: ProviProviso. did however, That where lands are claimed by vir
tue of a complete Spanish or British grant, in confor. mity with the articles of agreement and cession between the United States and the state of Georgia, it shall not be necessary for the claimant to have any other evidence of his claim recorded, except the original grant or patent, together with the warrant or order of survey and the plot; but all the subsequent conveyances of deeds shall be deposited with the register, to be, by him, laid before the commissioners, when they shall take the claim into consideration: and the powers vested by law in the commissioners
* Viz: The preceding act of 3d March, 1803.
appointed for the purpose of ascertaining the claims to lands lying west of Pearl river, shall, in every respect, extend and apply to claims, which may be made by virtue of this section ; and the same proceedings, shall thereupon be had as are prescribed by the act aforesaid, in relation to claims which shall have been exhibited on or before the last day of March, in the year one thousand eight hundred and four.
Sec. 2. The commissioners aforesaid, appointed to Commission. adjust the claims to lands lying west of Pearl river, ers authorised
to adjourn shall have power to adjourn from time to time, and for such time, as they may think fit: Provided how time. ever, That they shall meet on the first day of Decem- Proviso. ber, in the year one thousand eight hundred and four, and shall not afterwards adjourn for a longer time than three days, nor until they shall have completed the business, for which they were appointed : And provided also, That nothing contained in this act, Proviso. nor in that to which this is a supplement, shall be con. strued to prevent the said commissioners, nor those appointed to adjust the claims to lands lying east of Pearl river, from acting and deciding at any time, on any claim which has been exhibited in the manner prescribed by law, although the evidence of the same may not, at that time, have been transcribed on the books of the register.
Sec. 3. When any Spanish grant, warrant or order What eviof survey, shall be produced to either of the said dence may be
required by boards of commissioners, for lands which were not, the boards of at the date of such grant, warrant or order of survey, commissionor within one year thereafter, inhabited, cultivated, ers, concern
ing Spanish or occupied by or for the use of the grantee; or when.
grants. ever either of the said boards shall not be satisfied, that such grant, warrant or order of survey, did issue, at the time when the same bears date, the said commissioners shall not be bound to consider such grant, warrant or order of survey, as conclusive evidence of the title, but may require such other proof of its va. Boards of '
commissionlidity, as they may dtem proper: And the said boards
Is ers to make shall make a full report to the secretary of the trea, reports to the sury, to be by him laid before Congress, for their secretary of final decision of all claims grounded on such grants, the warrants or orders of survey, as may have been dis- allowed. .
of claims dis.
allowed by the said boards, on suspicion of their be
ing antedated, or otherwise fraudulent. Agent to be Sec. 4. The secretary of the treasury shall be, and appointed to he is hereby authorised to employ an agent, whose oppose frau. compensation shall not exceed one thousand five hundulent claims.
dred dollars in full for all his services, for the purpose of appearing before the said commissioners, in behalf of the United States, to investigate the claims for lands, and to oppose all such as he may deem fraudulent and unfounded. And each of the said boards of commissioners shall have the same powers to compel the attendance of witnesses, as are now
vested in the courts of the United States. Board of Sec. 5. The board of commissioners, appointed to commission. adjust the claims to lands lying west of Pearl river, ers for adjust
• shall be authorised to employ an assistant clerk, and fara arst of also a translator of the Spanish language, to assist Pearlber, them in the dispatch of the business which may be
to brought before them, and for the purpose of record. employ an assistant ing Spanish grants, deeds or other evidences of claims, clerk and a on the register's books; the said translator shall retranslator of ceive, for the recording done by him, the fees already the Spanish language.
provided by law, and may be allowed, not exceeding Their com- fifty dollars, for every month he shall be employed, pensation. provided that the whole compensation, other than
that arising from fees, shall not exceed six hundred dollars : the assistant clerk shall be allowed a sura not exceeding five hundred dollars for his services; and each of the commissioners of the said board, in addition to the compensation now fixed by law, shall be allowed six dollars for every day he shall attend on
the board, after the last day of November, in the year Proviso. one thousand eight hundred and four: Provided,
That ihis additional compensation shall not exceed two thousand dollars, for each of the said commis
sioners. Repeal of Sec. 8. So much of the eighth section of an act, part of a for. intituled ** An act regulating grants of land, and
providing for the disposal of the lands of the United States, south of the state of Tennessee," as provides, " that no certificate shall be granted for lands lying east of the Tombigby river," be, and the same hereby
* The preceding act of 3d March, 1803.