« AnteriorContinuar »
in evidence against any claim or certificate of preemption, derived from the United States.
Sec. 3. It shall be lawful, in the trial of such suit Paro nr action, for either party to introduce parole evi- dence lawful dence, for the purpose of supporting or invalidating for supportthe grant, warrant or order of survey, as aforesaid; ng or invali.
dating grants. and the judgment, sentence or decree of the said Tudement fic highest court of law or equity, in the cases aforesaid, nal. shall be final and conclusive between the parties, and may be plead in bar to any subsequent suit or action brought in the same or any other court, for the recovery of the same land or any part thereof.
Sec. 4. Be it enacted, That Abraham Ellis be, and he is hereby confirmed in a tract of land, granted by the
1. Abraham El. British government of West Florida to Stephen Jor- in his title to dan, containing the quantity of two hundred acres, a tract of land. lying and being on the waters of Boyd's creek, according to the metes and bounds of said tract of land, set forth in the plat thereof, made by the surveyorgeneral of said province of West Florida ; and that, the amount of money which the said Ellis may have been compelled to pay to the receiver of public monies, west of Pearl river, in the Mississippi territory, for said tract of land, be refunded to him, by the re. ceiver aforesaid.
Sec. 5. Daniel Harregal is hereby confirmed in his Daniel Hartitle, in fee simple, to the tract of land, whereon he regal also conresides, containing the quantity of five hundred and brmed in
title. fifty acres, agreeably to a plat thereof, filed with the register of the land office, west of Pearl river, in the Mississippi territory.
(3) Provisions respecting Claims in the Terri
i torics of Orleans and Louisiana.
Sec. 14. All grants for lands, within the territories viii. 38. ceded, by the French Republic, to the United States, 26th March, by the treaty of the thirtieth of April, in the year one 1
Grants for thousand eight hundred and three, the title whereof lands in the was, at the date of the treaty of St. Ildefonso, in the territories ce.
ded by France crown, government or nation of Spain, and every act to the U.S. and proceeding subsequent thereto, of whatsoever na.
ante ture, towards the obtaining any grant, title or claim to of the treaty of St. Ilde- such lands, and under whatsoever authority transactfonso, nulled, or pretended, be, and the same are hereby declarand void.. ed to be, and to have been from the beginning, null, Saving of the rights of ac
facovoid, and of no effect in law or equity : Provided netual settlers. vertheless, That any thing in this section contained
shall not be construed to make null and void any bona fide grant, made agreeably to the laws, usages and customs of the Spanish government, to an actual settler on the lands so granted, for himself, and for his wife and family; or to make null and void any bona fide act or proceeding done by an actual settler, agreeably to the laws, usages and customs of the Spanish government, to obtain a grant for lands, actually settled on by the person or persons claiming title thereto, if such settlement, in either case, was actually made prior to the twentieth day of Decem
ber, one thousand eight hundred and three: And proProviso. vided further, That such grant shall not secure to the
grantee, or his assigns, more than one mile square of land, together with such other and further quantity, as heretofore hath been allowed for the wife and family of such actual settler, agreeably to the laws,
usages and customs of the Spanish government. Penalty for And that, if any citizen of the United States, or other settling on lands of the
person, shall make a settlement on any lands belongU.S. ing to the United States, within the limits of Louisi
ana, or shall survey, or attempt to survey, such lands, or to designate boundaries, by marking trees or otherwise, such offender shall, on conviction thereof, in any court of record, of the United States, or the territories of the United States, forfeit a sum not exceeding one thousand dollars, and suffer imprison. ment not exceeding twelve months ; and it shall, moreover, be lawful for the President of the United
States to employ such military force, as he may judge ' necessary, to remove, from lands belonging to the
United States, any such citizen, or other person, who shall attempt a settlement thereon.
Sec. 1. Any person or persons, and the legal repre. VIII. 86. sentatives of any person or persons, who, on the first 2d March,
1805, day of October, in the year one thousand eight hun
Persons, redred, were resident within the territories ceded by siding in the the French Republic to the United States, by the ceded territotreaty of the thirtieth of April, one thousand eight pies, on
1st Oct. 1805, hundred and three, and who had, prior to the said who heja first day of October, one thousand eight hundred, ob. lands under tained, from the French or Spanish governments, re- French or spectively, during the time either of the said govern.
em grants, to ments had the actual possession of said territories, which the Inany duly registered warrant, or order of survey, for dian title has lands, lying within the said territories, to which the
t hink the been extin
guished, and Indian title had been extinguished, and which were, whichu on that day, actually inhabited and cultivated by such settled or ocperson or persons, or for his or their use, shall be con- cupied, on firmed in their claims to such lands, in the same man
that day, for
or by these ner as if their titles had been completed: Provided persons, conhowever, That no such incomplete title shall be con. firmed in firmed, unless the person, in whose name such war.
Proviso. rant or order of survey had been granted, was, at the time of its date, either the head of a family, or *above, the age of twenty-one years; nor unless the condi. tions and terms, on which the completion of the grant might depend, shall have been fulfilled.
Sec. 2. To every person, or to the legal represen. Grants to pers' tative or representatives of every person, who, being sons actually either the head of a family, or twenty-one years of se
to the 20th age, had, prior to the twentieth day of December, one Dec. 1803, thousand eight hundred and three, with the permis, by permission sion of the proper Spanish officer, f and in conformity of Spanish
my officer, and with the laws, usages and customs of the Spanish go- during the vernment, made an actual settlement on a tract of time the goland, within the said territories, not claimed by vir- vernment
anu anonichon making the tue of the preceding section, or of any Spanish or "
grant had French grant, made and completed before the first the actual day of October, one thousand eight hundred, and possession of during the time the government, which made such the country, grant, had the actual possession of the said territories,
* This exception, in relation to minors, repealed by act of 3d March,
+ Three years residence to be considered as proof of permission, by act of 21st April, 1806; and ten years possession to be considered as proof of complete title, by act of 3d March, 1807.
and who did, on the said twentieth day of Decerabet, one thousand eight hundred and three, actually inhabit and cultivate the said tract of land ; the tract of
land thus inhabited and cultivated shall be granted : Proviso. Provided however, That not more than one tract shall
be thus granted to any one person, and the same shall not contain more than one mile square, together with such other and further quantity, as heretofore has been allowed for the wife and family of such actual
settler, agreeably to the laws, usages and customs of Proviso.
the Spanish government: Provided also, That this do. nation shall not be made to any person, who claims any other tract of land, in the said territories, by virtue of any French or Spanish grant.
Sec. 4. Every person claiming lands in the above.
to mentioned territories, by virtue of any legal French give writien notice of their or Spanish grant, made and completed before the first ciaims to the day of October, one thousand eight hundred, and du. register, &c. ring the time the government which made such grant to be record. ed previous had the actual possession of the territories, may, and to first March every person claiming lands in the said territories, by 1806.
virtue of the two first sections of this act, or by vir. tue of any grant or incomplete title, bearing date subsequent to the first day of October, one thousand eight hundred, shall before the first day of March, one thousand eight hundred and six, deliver to the register of the land office or recorder of land titles, within whose district the land may be, a notice in writing, stating the nature and extent of his claims, together with a * plat of the tract or tracts claimed; and shall also on or before that day, deliver to the said register
or recorder for the purpose of being recorded, every Also the
the grant, order of survey, deed, conveyance or other written evi- written evidence of his claim; and the same shall be vlence of recorded by the register or recorder or by the trans. their claims. Officer's fees,
Si lator hereinafter mentioned, in books to be kept by &c. for re- them for that purpose, on receiving from the parties cording them. at the rate of twelve and an half cents for every hun.
dred words contained in such written evidence of Proviso:
their claim: Provided however, That where lands are claimed by virtue of a complete French or Spanish
*The obligation to file a plat of survey repealed in part by act of 28th February, 1806; and the time for filing claims extended by aci of third March 1807, till first July, 1808.
grant as aforesaid, it shall not be necessary for the claimant to have any other evidence of his claim re. corded, except the original grant or patent, together with the warrant or order of survey, and the plat; but all the other conveyances or deeds shall be deposited with tlte register or recorder, to be by them laid be. fore the commissioners hereinafter directed to be ap. pointed, when they shall take the claim into conside. ration. And if such person shall neglect to deliver such notice in writing of his claim, together with the Penalty for
neglecting plat as aforesaid, or cause to be recorded such writ.io ten evidence of the same, all his right, so far as the such norice. same is derived from the two first sections of this act, shall become void, and forever thereafter be barred; nor shall any incomplete grant, warrant, order of survey, deed of conveyance or other written evidence, which shall not be recorded as above directed, ever after be considered or admitted as evidence in any
rand court of the United States, against any grant derived recorder to from the United States. The said register and re. commence corder shall commence the duties hereby enjoined on fiber of
wins herehaninined on the execution them, on or before the first day of September next; ces on or be. and continue to discharge the same, at such place in fore the first their respective districts, as the President of the September
1805. United States shall direct.
Sec. 5. Two persons to be appointed by the Pre. Conimission. sident alone, for the district of Louisiana, and two ers to be ap. persons, to be in the same manner appointed for each pointed for
the district of the districts directed by this act to be laid off in. the territory of Orleans, shall, together with the re. and the dis. gister or recorder of the district for which they may tricts to be be appointed, be commissioners for the purpose of laid oli under
this act for ascertaining within their respective districts, the asco rights of persons claiming under any French or Span- land titles, ish grant as aforesaid, or under the two first sections &c. of this act. The said commissioners shall previous to their entering on the duties of their appointment, respectively take and subscribe the following oath or The oath of affirmation, before some person qualified to adminis. oilice which ter the same: "I
do solemnly swear they must (or affirm) that I will impartially exercise and dis- tak charge the duties imposed on me by an act of Congress, entitled An act for ascertaining and adjust. ing the titles and claims to land within the territory of