United States Statutes at Large/Volume 2/11th Congress/2nd Session/Chapter 12
Chap. XII.—An Act further to provide for the refugees from the British provinces of Canada and Nova Scotia, and for other purposes.
Act of April 7, 1798, ch. 26.
Act of Feb. 18, 1801, ch. 5.
Act of March 3, 1803, ch. 35.
Refugees from Canada and Nova Scotia, to transmit their claims to land to the war office.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons having claims under the resolutions of Congress, passed the twenty-third day of April, one thousand seven hundred and eighty-three, and the thirteenth of April, one thousand seven hundred and eighty-five, as refugees from the British provinces of Canada and Nova Scotia, shall transmit to the war office, within two years after the passing of this act, a just and true account of their claims to the bounty of Congress.
Who entitled to the benefits of the provisions of this act.Sec. 2. And be it further enacted, That no other person shall be entitled to the benefits of the provisions of this act, than those of the following descriptions, or their widows and heirs, viz: First, those heads of families and single persons, not members of any such families, who were residents in one of the provinces aforesaid, prior to the fourth day of July, one thousand seven hundred and seventy-six, and who abandoned their settlements, in consequence of having given aid to the united colonies or states, in the revolutionary war, against Great Britain, or with intention to give such aid, and continued in the United States, or in their service during the said war, and did not return to reside in the dominions of the king of Great Britain, prior to the twenty-fifth day of November, one thousand seven hundred and eighty-three. Secondly, the widows and heirs of all such persons as were actually residents as aforesaid, who abandoned their settlements as aforesaid, and died within the United States, or in their service during the said war; and thirdly, all persons who were members of families at the time of their coming into the United States, and who during the war entered into their service.
Proofs, before whom to be taken.Sec. 3. And be it further enacted, That the proof of the several circumstances necessary to entitle the applicants to the benefits of this act, may be taken before a judge of the supreme or district court of the United States, or a judge of the supreme or superior court, or the first justice or first judge of the court of common pleas, or county court of any state.
Secretary of War to lay the evidence of claims before the secretary and comptroller of the treasury, and with them to decide upon the measure of relief.Sec. 4. And be it further enacted, That at the expiration of fifteen months from and after the passing of this act, and from time to time thereafter, it shall be the duty of the secretary for the department of war, to lay such evidence of claims as he may have received, before the secretary and comptroller of the treasury, and with them proceed to examine the testimony, and give their judgment, what quantity of land ought to be allowed to the individual claimants, in proportion to the degree of their respective services, sacrifices and sufferings, in consequence of their attachment to the cause of the United States; allowing to those of the first class a quantity not exceeding one thousand acres, and to the last class a quantity not exceeding one hundred, making such intermediate classes, as the resolutions aforesaid and distributive justice may, in their judgment require, and make report thereof to Congress.In what cases separate reports are to be made. And in case any such claimant shall have sustained such losses and sufferings, or performed such services for the United States, that he cannot justly be classed in any one general class, a separate report shall be made of his circumstances, together with the quantity of land that ought to be allowed him, having reference to the foregoing ratio:Proviso. Provided, that in considering what compensation ought to be made by virtue of this act, all grants, except military grants, which may have been made by the United States or individual states, shall be considered at the just value thereof, at the time the same were made respectively, either in whole or in part, as the case may be, a satisfaction to those who may have received the same:Proviso. Provided also, that no claim under this law shall be assignable, until after report made to Congress as aforesaid, and until the said lands be granted to the persons entitled to the benefit of this act.
Claims to be exhibited, otherwise barred.
Proviso.Sec. 5. And be it further enacted, That all claims in virtue of said resolutions of Congress, which shall not be exhibited as aforesaid, within the time by this act limited, shall for every thereafter be barred: Provided, that no patent shall be issued to any person who may hereafter establish his claim under the said act, until he produce satisfactory evidence to the Secretary of the Treasury, that he is at the time being, a resident within the United States.
Approved, February 24, 1810.