Page:United States Statutes at Large Volume 5.djvu/777

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TWENTY-EIGHTH CONGRESS. Sess. II. Ch. 46. 1845. 741 sent the claim, and which, being presented to the General Land Office at Wasliington, shall entitle the party interested to a patent therefor: Provided, That any claimant to a tract of land so surveyed and platted p,,,,,,,,, as aforesaid, who shall, within one year from the passage of this act, file, I in writing, with the surveyor general south of Tennessee, his exception to the regularity of the survey so heretofore made, setting forth in what respect said survey is erroneous, the surveyor general shall examine such exception, and, if found to be well taken, shall order a re-survey of the claim, and (a) after proper notice to the party interested ; and, afier proper notice, he may order a re-survey of any other claims which, in his opinion, may be indispensably necessary, by reason of errors or defects in the survey, on the ground, which, being returned and approved, shall be certified to the register and receiver at Augusta, on which a patent certificate shall be issued, as before directed: Provided, also, That all Further proactual surveys of claims in said district, which shall not be excepted to "’“°· within the year aforesaid, or which the surveyor general may not find it indispensably necessary tc have re-surveyed by reason of any errors or defects, as aforesaid, shall, after that time, be deemed unexceptionable, so far as relates to the title of the United States, and shall thenceforth be proceeded in and perfected to patent. Sec. 2. And be it further enacted, That all re-surveys which may be Rv-Surveys tc ordered by virtue of this act shall be executed under the direction of the :,’:r°,§§_:';:f:n“"E surveyor south of Tennessee, subject to orders from the Greneral Land S,,,,,,,.,,,. ,,,,,,3, Office; and all services which shall be rendered in execution of this act of 'l`¤¤¤cm¤. shall be audited, charged, and paid for, as similar services were required ¤EfQ““"" °f to be by former laws and regulations in reference to similar claims. y` Sec. 3. And be it further enacted, That when, in any case it shall _S¤fv¢->y0rt0 appear to the surveyor general that the survey of any claim hereby con- ,‘§)‘:_“,j‘e*;,°i‘;:;;__‘;l firmed is deficient in the quantity of land confirmed to the claimant, by 5,, a,,,s,,,,ey_ a number of acres equal to forty or more, then the said surveyor general shall issue to the claimant a warrant, entitling him to a quantity of land, which in the subdivision of the public lands of the United States, shall not exceed in quantity the number of acres found deficient in the claimant’s original survey; which entry may be made on any lands subject to entry in said district. Sec. 4. And be itfarrtlwr enacted, That this act shall not be construed conflicting as aiding the title survey or location of any claim, to the prejudice of **];**3* mdbe d°· any other claim with which its pretensions and location may conliict; gd;8 °x` but all such conflicting rights and locations shall remain subject to existing laws: Provided, lwwewr, That, in any such case of conliict, in Proviso. addition to the powers conferred on the surveyor general by this act, it shall be lawful for him, when the conflicting claimants may compromise, by the relinquishment of one of the claimants of his entire location, or so much of it as conflicts with the location of another claim, to grant a warrant to the relinquishing claimant, which shall entitle him to enter an equal quantity with the land relinquished of any land subject to entry in the district of the land surrendered. _ _ Sec. .A7ld I)(’ iffUT[h€T enacted, COHEYXDHIIOH. and 6V1d6h6B Cvngrmnuo? of title which shall he made or issued in the name of the original claim- gl,:v:ss°:§,?, fmt or connrmee, by virtue of this act, shall inure to the use and bcncfit ngnicoforiginal of those who may be jointly or severally entitled to the lands in the ?j:¤r*;**:*:iL;°be_ Scvcral claims referred to, either by descent or purchase, as if such pct- mm 0,- lmmm sons were specially named therein. entitled. Armtovnn, March 3, 1845.