« AnteriorContinuar »
land office, for the district west of Pearl river, his
claim to three hundred and twenty acres of land, lye
of ing within said district ; and that Richard S. Bryan Richard S. and George Brewer, senior, be permitted to enter Bryan and with the register of the land office, for the district east George of Pearl river, their certificate of a right of pre-emp. Brewer, sen.
1. 'tion for three hundred and twenty acres of land, lying
within the district last mentioned: And such entry of to be valid, as if entered the claim of the said Richard Sparks shall have the in time. 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.
Sec. 8. Persons entitled to a right of pre-emption 30 March, to lands in the Mississippi territory, shall be allowed. 1807 till the first day of January next, to make the first time to make pay
e payment of the purchase money of such lands. first payment for, extended.
x 10. Sec. 1. Every person and the legal representatives of 19th Jan. every person, who being either the head of a family or 1808.
above the age of twenty-one years, and who did on Actual set. tlers entitled the third day of March, one thousand eight hundred to a prefer. and seven, actually inhabit and cultivate a tract of ence in be- land not claimed by virtue of a certificate granted by coming pur
the boards of commissioners east and west of Pearl chasers.
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 intra
ment may be made therefor, in the same manner, and
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
dou of Ortó given by per
sons 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
Their rights land claimed ; and if any person shall fail to deliver
er 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.
Sec. 3. Persons, entitled to a right of pre-emption, tim 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 pur- tion rights to
make pay: chase money, of such tract or tracts of land, as may 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.
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 com
" claimants. grants, or to any person or persons, to whom a dona-, tion has been granted, by either of the said boards of commissioners.
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 31 March, 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
be granted in lieu of a pre-emption certificate, agree. able 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. Settlers on 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 further time to put in their States and Spain, run in pursuance of the treaty of the claims.
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 he 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 certi. ficates in the form heretofore prescribed by the board
of commissioners in said district. Reports to be Sec. 4. It shall be the duty of the registers of the made, by the land office, east and west of Pearl river, in the Mis. registers of the land of
sissippi territory, to transmit to the secretary of the
si fices, east and treasury of the United States, on or before the first west of Pearl day of November next, a full and fair report of all the river, to the claims of certain persons to lands in the Mississippi the treasury,
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 former laws.
ninety-five, not confirmed by former laws regulating the grants of lands in said territory, which have here. tofore 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 direct
ed by law. Actual set Sec. 6. Every person, and the legal representatives tlers, previous of to 38 March. of every person, who being either the head of a fami.
ly or above the age of twenty-one years, who did be. 1807, allowed fore the third day of March, one thousand eight hun
1808, to obdred 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 Janu. ary, 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
lots, in Nat. hereby 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, if any such there be.
yate rights. Sec. 8. Whenever the claims of persons, having a Interfering right of pre-emption, in either of the districts, east or claims in dis
tricts E. and west of Pearl river, shall interfere with each other, 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.
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
or grants disalPearl river, on suspicion of the grants, warrants or lowed by com. orders 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 supplemen. tary 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.
Claima at may
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 institute a suit
Y in the said territory; and any person or persons,
! for recovery claiming under a Spanish grant, warrant or order of thereof.
'survey as aforesaid, shall be entitled to institute, in the highest court of law or equity, in the said terri.
tory, his or their suit or action for the recovery of the Proviso. 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 in. stitute 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 whatso.
ever, shall be forever barred and foreclosed. Grants actu.
Sec. 2. 'If the person or persons, claiming under ally surveyed before the such grant, warrant or order of survey, shall make it 27th Oct. appear to the satisfaction of the court, before whom
be such suit or action shall be pending, that the tract of deemed vaiid.
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 not, declar. act to the contrary notwithstanding: But in case the ed null and void.
claimant or clainiants 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, shall be, and the same is hereby declared null and void, to all intents and purposes, and shall not be read