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Richard S. Bryan and George

Brewer, sen.

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land office, for the district west of Pearl river, his claim to three hundred and twenty acres of land, lyAlso those of ing within said district; and that Richard S. Bryan and George Brewer, senior, be permitted to enter with the register of the land office, for the district east of Pearl river, their certificate of a right of pre-emption for three hundred and twenty acres of land, lying within the district last mentioned: And such entry of as if entered the claim of the said Richard Sparks shall have the same effect, as if it had been made prior to the first day of December, one thousand eight hundred and four, and such entry of the certificate of the said Richard S. Bryan and George Brewer, senior, shall have the same effect as if it had heen made within three months from the time it was issued.

to be valid,

in time.

IX 92.

Sec. 8. Persons entitled to a right of pre-emption 3d March, to lands in the Mississippi territory, shall be allowed. 1807 till the first day of January next, to make the first Pre-emptions, time to make payment of the purchase money of such lands. first payment for, extended.

X 10.
19th Jan.
1808.
Actual set-

to a preference in becoming purchasers.

Sec. 1. 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, and who did on tlers entitled the third day of March, one thousand eight hundred and seven, actually inhabit and cultivate a tract of land not claimed by virtue of a certificate granted by the boards of commissioners east and west of Pearl river, in the Mississippi territory, and who has ob tained permission to remain on such tract or tracts of land agreeably to an act, intituled *" An act to prevent settlements being made on lands ceded to the United States, until authorised 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 pay

Which act see under head of "General provisions and intrusions."

ment 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 Proviso.
exceed one section: And provided also, That the same
shall be surveyed agreeably to the sectional lines al-
ready established, or which may hereafter be esta-
blished by the surveyor of the lands of the United
States south of the state of Tennessee.

Sec. 2. Every person, claiming a tract of land, by Notice to be virtue of this act, shall, before the first day of Octo- given by persons claiming ber next, deliver to the register of the land office, under the within whose district the land may be, a notice of his foregoing claim, in writing, together with a plat of the tract of section. land claimed; and if any person shall fail to deliver otherwise forsuch notice and plat, the person or persons so failing feited. 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.

Their rights

pay

Sec. 3. Persons, entitled to a right of pre-emption, Time allowed under the first section of this act, shall be allowed un- to persons hatil the first day of January, one thousand eight hun ving pre-empdred and nine, to make the first payment of the purtion rights to make chase money, of such tract or tracts of land, as may ment. be claimed by virtue of said section, and 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.

certain other claimants.

Sec. 4. This act shall not extend to any person or This act not persons, claiming other lands in said territory in his to extend to 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.

31 March,

Sec. 2. And be it further enacted, That the fourth sec- X. 40. tion of an act, passed the twenty-first day of April, one 1808. thousand eight hundred and six, entitled "An act in Part of a foraddition to an act, entitled 'An act regulating the grants mer act reof land, and providing for the disposal of the lands of vived. the United States, south of the state of Tennessee," be revived and continued in force until the first day of October next: and in any case where a donation shall

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Settlers on

further time

claims.

be granted in lieu of a pre-emption certificate, agreeable to the provisions of the said fourth section, the money, if any shall have been paid, shall be, by the receiver of the public money, repaid to the person or persons who have paid the same.

Sec. 3. Certain settlers on the river Mobile, in the the river Mo- Mississippi territory, (east of Pearl river, who reside bile allowed a near the line of demarkation, between the United to put in their States and Spain, run in pursuance of the treaty of the twenty seventh day of October, one thousand seven hundred and ninety-five, and whose claims to land has not been decided on according to law) shall be allowed until the first day of October next, to file a notice, in writing, with the register of the land office, stating the nature and extent of their claims, together with a plat of the tract or tracts claimed; and the said register of the land office, and the receiver of public monies, are hereby required to hear and determine such claims, according to the several acts of Congress, "regulating the grants of land, and providing for the disposal of the lands of the United States, south of the state of Tennessee," and to grant certificates in the form heretofore prescribed by the board of commissioners in said district.

Reports to be
made, by the
registers of
the land of

fices, east and
west of Pearl
river, to the

secretary of
the treasury,

Sec. 4. It shall be the duty of the registers of the land office, east and west of Pearl river, in the Mississippi territory, to transmit to the secretary of the treasury of the United States, on or before the first day of November next, a full and fair report of all the claims of certain persons to lands in the Mississippi territory, founded upon British or Spanish warrants or of claims not orders of survey, granted prior to the twenty seventh confirmed by day of October, one thousand seven hundred and ninety-five, not confirmed by former laws regulating the grants of lands in said territory, which have heretofore been regularly filed with the register of the land office aforesaid, together with the evidence in support of such claims respectively, and to be by him laid before Congress, at their next ensuing session. And the land contained in such warrants or orders of survey shall not be disposed of until otherwise directed by law.

former laws.

Actual set

tlers, previous
to 3d March,

of

Sec. 6. Every person, and the legal representatives every person, who being either the head of a fami

1808, to ob

ly or above the age of twenty-one years, who did be. 1807, allowed fore the third day of March, one thousand eight hun- until 1st Oct. dred and seven, actually inhabit and cultivate a tract tain permisof land, in the Mississippi territory, belonging to the sion to reUnited States, shall be allowed until the first day of main.. October next, to obtain permission to remain on such tract or tracts of land, according to the provisions of the act, intituled "An act to prevent settlements being made on lands ceded to the United States until authorised 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, one thousand eight hundred and eight.

Sec. 7. The right of the United States to two Right of U. S town lots, lying and being in the city of Natchez, is to two town lots, in Nathereby forever vested in the corporation of the said chez, ceded to city, so as not to affect the legal or equitable claims of the corpora any individuals, or of any body politic or corporate, tion. if any such there be.

vate rights.

tricts E. and

Saving of priSec. 8. Whenever the claims of persons, having a Interfering right of pre-emption, in either of the districts, east or claims in diswest of Pearl river, shall interfere with each other, W. of Pearl the register and receiver of public monies are hereby river, how to authorised, in their respective districts, so to regulate be settled. their locations as to prevent such interference.

grants disal

Sec. 1. The several tracts of land, in the Missis- x. 89. sippi territory, the titles to which have been derived 28th Feb. under Spanish claims, and which have been disallow. 1809. ed by the boards of commissioners, east and west of Spanish Pearl river, on suspicion of the grants, warrants or lowed by comorders of survey, on which the claims are grounded, missioners, being antedated or otherwise fraudulent, and which on suspicion of fraud, to be are embraced in the report of the said boards of com- sold. missioners, laid before Congress, agreeable to the third section of an act, entitled "An act supplementary to the act, 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,"

* Viz: The act of 27th March, 1803.

thereof.

Proviso.

shall be, and the same are hereby directed to be sold, in the same manner, at the same price, and on the same terms and conditions, as have been or may be by law provided for the sale of the other public lands Claimant may in the said territory; and any person or persons, institute a suit for recovery claiming under a Spanish grant, warrant or order of 'survey as aforesaid, shall be entitled to institute, in the highest court of law or equity, in the said territory, his or their suit or action for the recovery of the tract or tracts so claimed as aforesaid: Provided, Such claimant or claimants shall institute his or their suit or action within the term of one year, from and after the tract or tracts so claimed shall have been sold by the United States, or in case the same is now inhabited and cultivated, in virtue of a pre-emption right, within one year, from and after the passing of this act; and if any person or persons, claiming lands as aforesaid, shall fail or neglect to commence or institute his or their suit or action, in the manner and within the time prescribed by this section, or shall be non-suit or discontinue the same, his or their right to commence such suit or action, in any court whatsoever, shall be forever barred and foreclosed.

Grants actu ally surveyed before the 27th Oct.

deemed valid.

Sec. 2. If the person or persons, claiming under such grant, warrant or order of survey, shall make it appear to the satisfaction of the court, before whom 1797, to be such suit or action shall be pending, that the tract of land, therein specified, was actually surveyed prior to the twenty-seventh day of October, one thousand seven hundred and ninety-five, then, and in that case, the same shall be deemed and held to be good and valid, to all intents and purposes, any thing in this If not, declar. act to the contrary notwithstanding: But in case the

ed null and

void.

claimant or claimants shall fail to prove the tract or tracts of land, so claimed, to have been actually surveyed prior to the twenty-seventh day of October, one thousand seven hundred and ninety-five, 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 vir tue of which such tract or tracts of land may be claim. ed, shail be, and the same is hereby declared null and void, to all intents and purposes, and shall not be read

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