United States Statutes at Large/Volume 2/10th Congress/1st Session/Chapter 67
Chap. LXVII.—An Act supplemental to “An act regulating the grants of land in the territory of Michigan.”[1]
Act of March 3, 1807, ch. 34.
Claimants to land in the Michigan territory, where the Indian title has been extinguished, allowed until the first of January next, to deliver to the register a notice of their claims.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person claiming lands, within that part of the Michigan territory to which the Indian title hath been extinguished by virtue of any legal grant made by the French government prior to the treaty of Paris of the tenth of February, one thousand seven hundred and sixty-three; or of any legal grant made by the British government subsequent to the said treaty, and prior to the treaty of peace between the United States and Great Britain, of the third of September, one thousand seven hundred and eighty-three, or of the second section of the act to which this act is a supplement, shall be allowed until the first day of January next, to deliver to the register of the land-office for the district of Detroit, a notice in writing, stating the nature and extent of his claims, together with a plat or plats of the tract or tracts claimed, and if such person shall fail to deliver such notice in writing, together with a plat of the tract claimed, all his right, so far as it may be derived from any act of Congress, shall become void, and the commissioners appointed for the purpose of ascertaining and deciding the rights of persons claiming lands in the said district of Detroit, shall have the same powers and perform the duties in relation to the claims, notices of which shall be thus filed, as are provided by the act to which this act is a supplement, in relation to the claims therein described.
Persons whose claims are established entitled to a preference in becoming the purchasers of the contiguous vacant lands.
Surveyor-general to cause surveys to be made.Sec. 2. And be it further enacted, That every person whose claim has been, or shall be confirmed by the commissioners aforesaid, to a tract of land bordering on the river Detroit, and not exceeding in depth forty arpens, French measure, shall be entitled to a preference in becoming the purchaser of any vacant tract of land adjacent to, and back of his own tract, not exceeding forty arpens, French measure, in depth, nor in quantity of land that which is contained in his own tract, at the same price, and on the same terms and conditions as are provided by law for the other public lands in the said district. And the surveyor-general shall be, and he is hereby authorized, as soon as may be, to cause to be surveyed, the tracts claimed by virtue of this section, and in all cases where, by reason of bends in the said river, and of adjacent prior, or pre-emption claims, each claimant cannot obtain a tract equal in quantity to the adjacent tract already owned by him, to divide the vacant land, applicable to that object, between the several claimants, in such manner as to him will appear most equitable.Every person entitled to the benefit of this section to give notice in writing to the register. And every person entitled to the benefit of this section, shall, on or before the first day of January next, deliver to the register of the land-office for the district of Detroit, a notice in writing, stating the situation and extent of the tract of land he wishes to purchase, and deposit at the same time one twentieth part of the purchase money; and shall also, within three months after the return of the survey to the office of the said register, produce to him a receipt from the receiver of public money for the said district for one fourth part of the purchase money. And if any such person shall fail to deliver such notice, and make such deposit and payment, at the times above mentioned, his right of pre-emption shall cease, and become void.
Pre-emption right secured to actual settlers.Sec. 3. And be it further enacted, That every person, who being the head of a family, did, prior to the twenty-sixth of March, one thousand eight hundred and four, and doth, at the time of the passage of this act, inhabit and cultivate a tract of land in the territory of Michigan, not claimed by virtue of a legal French or British grant, or by the second section of the act to which this act is a supplement, shall be entitled to a preference, in becoming the purchaser from the United States of such tract of land not exceeding one section, at the price at which the other public lands 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 are provided by law for such other public lands. And every person entitled to the benefit of this section,Notice in writing to be given of the situation and extend of the land to be purchased. shall, on or before the first day of January, next, deliver to [the] register of the land-office, for the district aforesaid, a notice in writing, of the situation and extent of the tract of land he wishes to purchase. The commissioners aforesaid are hereby authorized to examine and decide the claims, of every person claiming the benefit of this section, and whenever it shall appear to them that the claimant is entitled to a right of pre-emption they shall give a certificate thereof, directed to the register of the land-office, which certificate, together with a receipt from the receiver of public money, of at least one fourth part of the purchase money, shall, on, or before the first day of January, next, be produced by the claimant to the register of the land-office for the said district. And if any person shall fail to deliver such notice in writing, or produce such certificate and receipt within the times above mentioned, his right of pre-emption shall cease, and become void.
Repeal of part of a former act.
Act of March 3, 1807, ch. 34, sec. 2.Sec. 4. And be it further enacted, That so much of the second section of the act to which this act is a supplement, as provides that not more than one tract or parcel of land shall be granted to any one person, shall be, and the same is hereby repealed.
Lands to which Indian title was extinguished by treaty of Detroit to be attached to district of Detroit, and sold, &c.Sec. 5. And be it further enacted, That the lands to which the Indian title has been extinguished, by the treaty made at Detroit, on the seventeenth of November, one thousand eight hundred and seven, shall be attached to and made a part of the district of Detroit, and be offered for sale at that place, under the same exceptions and regulations, at the same price, and on the same terms, as other lands lying in that district.
Approved, April 25, 1808.
- ↑ See notes to act of March 3, 1807, chap. 34.