United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 128
Chap. CXXVIII.—An Act supplementary to the several acts for adjusting the claims to land, and establishing land offices, in the districts east of the Island of New Orleans.[1]
Claims to land derived from British of Spanish authorities, reported to the commissioner of the general land office, &c. which, in their opinion, are valid, &c., recognised as complete titles, &c.
Act of March 3, 1819, ch. 100.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the claims to land said to be derived from the British or Spanish authorities, reported to the commissioner of the general land office by the registers and receivers of the land office at St. Helena Courthouse and at Jackson Courthouse, in the districts east and west of Pearl river, appointed under the authority of an act, entitled “An act for adjusting the claims to land, and establishing land offices, in the districts east of the Island of New Orleans,” which are contained in the several reports of the registers and receivers, and which are, in the opinion of the registers and receivers, valid, agreeably to the laws, usages, and customs, of the said governments, be, and the same are hereby, recognised as valid and complete titles, against any claim on the part of the United States, or right derived from the United States.
All claims reported, &c. founded on orders of survey, requettes, &c. derived from the Spanish authorities, &c. confirmed.
Proviso.Sec. 2. And be it further enacted, That all the claims reported as aforesaid, and contained in the several reports of the said registers and receivers, founded on orders of survey, requettes, permission to settle, or other written evidences of claims, derived from the Spanish authorities, which ought, in the opinion of the registers and receivers, to be confirmed, shall be confirmed in the same manner as if the title had been completed: Provided, That the confirmation of all the said claims provided for by this act, shall amount only to a relinquishment for ever, on the part of the United States, of any claim whatever to the tract of land so confirmed or granted.
Every person, &c. whose claim is comprised in the lists, &c., if actually inhabiting, &c. on or before April 15, 1813, entitled to a grant, &c.
Proviso.Sec. 3. And be it further enacted, That every person, or his or her legal representative, whose claim is comprised in the lists or registers of claims reported by the registers and receivers, and the persons embraced in the lists of actual settlers, or their legal representatives, not having any written evidence of claim reported as aforesaid, shall, when it appears by the said reports, or by the said lists, that the land claimed or settled on had been actually inhabited or cultivated by such person or persons in whose right he claims, on or before the fifteenth day of April, one thousand eight hundred and thirteen, be entitled to a grant for the land so claimed or settled on as a donation: Provided, That not more than one tract shall be thus granted to any one person, and the same shall not contain more than six hundred and forty acres; and that no lands shall be thus granted which are claimed or recognised by the preceding sections of this act, or by virtue of a confirmation under an act, entitledAct of March 3, 1819, ch. 100.
Proviso. “An act for adjusting the claims to land, and establishing land offices, in the districts east of the Island of New Orleans,” approved on the third day of March, eighteen hundred and nineteen: And provided, also, That no claim shall be confirmed where the quantity was not ascertained, and report made thereon by the registers and receivers, prior to the twenty-fifth day of July, one thousand eight hundred and twenty.
Registers and receivers, except in relation to perfect titles, as recognised, &c. empowered to direct the manner in which the lands shall be located.
Act of March 3, 1819, ch. 100.Sec. 4. And be it further enacted, That the registers and receivers of the public moneys of the said respective districts, except in relation to perfect titles, as recognised in the first section of this act, and the first section of the act of the third day of March, one thousand eight hundred and nineteen, shall have power to direct the manner in which all lands claimed in virtue of the preceding sections shall be located and surveyed; and also to direct the location and manner of surveying all the claims to land recognised by the second, third, and fourth, sections of an act, entitled “An act for adjusting the claims to land, and establishing land offices, in the districts east of the Island of New Orleans,” approved on the third day of March, one thousand eight hundred and nineteen, having regard to the laws, usages, and customs, of the Spanish government on that subject; and having regard also to the mode adopted by the government of the United States in surveying the claims to land confirmed by virtue of the second and third sections of an act of Congress, entitled “An act regulating the grants of lands, and providing for the disposal of the lands, of the United States, south of the state of Tennessee,”Act of March 3, 1803, ch. 27.
The registers and receivers may decide on conflicting claims, &c. approved on the third March, one thousand eight hundred and three. And that, in relation to all such claims which may conflict, or in any manner interfere, the said registers and receivers of public moneys of the respective districts shall have power to decide between the parties, and shall, in their decision, be governed by such conditional lines or boundaries as may have been agreed on between the parties, either verbally or in writing, at any time prior to the passage of this act. But, upon the decision of those claims alluded to, which may conflict or interfere, and in relation to which the parties interested have agreed on no conditional lines or boundaries as to the manner of locating the same; the said registers and receivers of the respective districts shall make an equal division of the land claimed, so as to allow each party his or their improvements: Provided, however, That, should itProviso. be made appear, to the satisfaction of the register and receiver of public moneys of the respective districts, in any such case, that the subsequent settler had obtruded on the claim of the former, and had made his establishment after having been forbid so to do, the said registers and receivers of public moneys shall have power to decide between the parties, according to the circumstances of the case and the principles of justice.
Patents for lands to be granted as for lands confirmed under former acts.Sec. 5. And be it further enacted, That patents shall be granted for all lands confirmed by virtue of the provisions of this act, in the same manner as patents are granted for lands confirmed under former acts, to which this is a supplement.
Persons entitled to tracts to be furnished with certificates.
Fees.Sec. 6. And be it further enacted, That to every person who shall appear to be entitled to a tract of land, under the second and third sections of this act, a certificate shall be granted, by the register and receiver of the district in which the land lies, setting forth the nature of the claim and the quantity allowed; for which certificate the party in whose favour it issues shall pay one dollar,to be divided between the said receiver and register.
The President authorized to remove the land office from St. Helena Courthouse, &c.Sec. 7. And be it further enacted, That the President of the United States be, and he is hereby, authorized to remove the land office from St. Helena Courthouse to such other place, within the said districts, as he may deem suitable and convenient.
Approved, May 8, 1822.
- ↑ See notes of the acts relating to the adjustment of land claims in Louisiana, act of March 3, 1819, ch. 100. See also, The United States v. King et al., 3 Howard, 773.