United States Statutes at Large/Volume 2/10th Congress/1st Session/Chapter 10

2477872United States Statutes at Large, Volume 2 — Public Acts of the Tenth Congress, 1st Session, XUnited States Congress


Jan. 19, 1808.

Chap. X.An Act supplemental to an act, intituled “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.”[1]

Actual settlers entitled to a preference in becoming purchasers.
1803, ch. 27.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 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 obtained permission to remained on such tract or tracts of land agreeably to an act, intituled1807, ch. 46.An act to prevent settlements being made on lands ceded to the United States, until authorized 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 payment may be made therefor in the same manner, and under the same conditions as directed by law for such other lands:Proviso that such tract of land shall not exceed one section, and shall be surveyed agreeably to sectional lands already established.
Notice to be given by persons claiming, under the foregoing section.
Their rights otherwise forfeited.
Proviso, that such tract of land shall not exceed one section: And provided also, that the same shall be surveyed agreeably to the sectional lines already established, or which may hereafter be established by the surveyor of the lands of the United States south of the state of Tennessee.

Sec. 2. And be it further enacted, That every person claiming a tract of land by virtue of this act shall, before the first day of October next, deliver to the register of the land-office within whose district the land may be, a notice of his claim in writing, together with a plat of the tract of land claimed; and if any person shall fail to deliver such notice and plat, the person or persons so failing, 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.

Time allowed to persons having pre-emption rights.Sec. 3. And be it further enacted, That persons entitled to a right of pre-emption under the first section of this act, shall be allowed until the first day of January, one thousand eight hundred and nine, to make the first payment of the purchase 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.

This act not to extend to certain other claimants.Sec. 4. And be it further enacted, That this act shall not extend to any person or persons claiming other lands in said territory in his 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.

Approved, January 19, 1808.